(A) History. The Bethesda North Hospital Property (hereinafter Bethesda site, see Appendix "A") was first zoned in 1967 as a planned development under ordinance 5-67, which acknowledged the permitted site uses related to hospital operations with additional site restrictions concerning height of buildings, setback and green belt requirements, access restrictions, and fence restrictions. In 1998 Council adopted the planned development overlay process for all planned developments in the community. This ordinance established a procedure to convert planned development districts, such as the hospital district created in 1967 and amended in 1995, to the planned development overlay process. The conversion required Council, when the property owner applied for any substantive modification to the planned development, to rezone the property to one of the conventional zoning districts (at that time Districts A through E) while imposing upon the particular property the planned development overlay restrictions. In 1995 the hospital development restrictions were modified in part by Ordinance 21-1995, and the hospital entered into an agreement with neighboring residential properties on the south property line providing certain protective covenants and restrictions between the hospital and these property owners.
(B) Purpose. With this history in mind, the purpose of this section as codified is to establish the underlying conventional zoning district for the Bethesda site (the "O" Office District) while recognizing the historically permitted uses from the 1967 ordinance, as modified by the 1995 ordinance, as overlay development restrictions for the Bethesda site and to incorporate future development of the site into the Development Plan Review Process as set forth in Chapter 150.14. These specific development standards have been established in the past to ensure maintenance and growth of the existing hospital and healthcare facilities on the subject property in a manner compatible with surrounding residential neighborhoods. It is intended that these standards be incorporated in this section and supplemented by development standards applicable to other properties within the "O" District. In the event that the standards set forth below specific to the Bethesda site conflict with the development standards outlined in this Chapter, the regulations of this section shall supersede.
(C) Principally Permitted Uses and Accessory Permitted Uses for the Bethesda Site.
(1) Principally Permitted Uses. Hospital and related healthcare facilities including extended care facilities, medical office and outpatient service facilities, and medical and nursing education and research facilities.
(2) Accessory Permitted Uses.
(a) Residential uses for hospital personnel or housing exclusively for persons temporarily visiting patients.
(b) Pharmacies and other retail facilities servicing the hospital when located in a building in which the primary use is a principally permitted use.
(c) Places of worship.
(d) Parking for the hospital site.
(3) Other Uses. Any additional permitted and accessory uses within the "O" Office District are recognized for the Bethesda site. Any conditionally permitted uses from the "O" Office District which have not been recognized herein as permitted or accessory uses for the Bethesda site shall remain conditionally permitted for the site and must be considered pursuant to Chapter 150.16. By way of an example, and not by way of limitation, the "O" Office District recognizes hospitals as a conditionally permitted use. The 1967 ordinance, as modified by the 1995 ordinance and adopted herein as § 151.1216(C), recognizes hospitals as a permitted use for the site. Therefore, any site development within the defined hospital use does not require a review under Chapter 150.16 for development expansion, but as a permitted use any development expansion within the hospital use requires Chapter 150.14 Development Plan Approval.
(D) Height, Setback and Open Space Requirements. The following height limitations, building and setbacks and open space requirements shall govern the development and use of the property:
(1) Height Requirements. No building shall be erected to a height greater than permitted in Schedule 151.1216(D).
Distance to South Boundary of Property | Maximum Building Height (12 feet/Story) |
Distance to South Boundary of Property | Maximum Building Height (12 feet/Story) |
150 feet to 250 feet | 2 Story (24 feet) |
More than 250 feet to 300 feet | 3 Story (36 feet) |
More than 300 feet to 350 feet | 4 Story (48 feet) |
More than 350 feet to 450 feet | 5 Story (60 feet) |
More than 450 feet to 550 feet | 6 Story (72 feet) |
More than 550 feet to 650 feet | 7 Story (84 feet) |
More than 650 feet | 8 Story (96 feet) |
(2) Building and Parking Setback Requirements. Structures shall be set back a minimum of 50 feet from the north, east and west boundaries of the property. Structures in excess of 60 feet in height shall be setback an additional one foot for each foot by which the building exceeds 60 feet. Surface parking may be constructed to within 25 feet of the north, east and west boundaries.
(3) Greenbelt. Along the south line of the property to a depth of 150 feet there shall be a greenbelt which shall include berming and planting as follows:
(a) Along the south line of the property, commencing 150 feet west of Parcel 149, Page 9, of Hamilton County Auditor's Book 603, to a depth of 150 feet there shall be a greenbelt maintained and planted with trees and shrubbery, which shall extend to the easternmost property line of Parcel 140, Book 9, Hamilton County Auditor's Plat Book 603. Within the greenbelt, east and west berms shall be maintained with a one to three slope, a minimum of eight feet in height, and shall substantially screen the adjacent residential properties from the parking areas and other developments on the subject property and the light and glare therefrom.
(b) The west berm shall be established along the south property line behind Parcels 145 through 149. The berm's center line shall be 54 feet north of the south line of the property beginning at a point approximately midway between the east and west property lines of Parcel 145 at the edge of the existing tree cover, and continuing westward behind Parcel 148. At the western edge of Parcel 148, the centerline shall bear 30 degrees northwest until it intersects a berm center line running parallel to the south property line and 100 feet north of the property line behind Parcel 149. The berm's centerline shall proceed at 52 degrees southwest to intersect the property line of Parcel 149.
(c) In the area where no tree cover exists adjacent to the dead end of Pendery Drive, the east berm shall be constructed approximately 80 feet inside the property line and shall extend 100 linear feet. After planting, the east berm shall be maintained in a natural state.
(d) Those areas within the greenbelt in which no berm is required shall remain covered with existing trees and other vegetation, provided that the existing wooded area is maintained to a depth of 150 feet from the south property line. For those residents whose properties abut the existing wooded area, the owner of the subject property shall offer to plant Eastern Hemlocks within the wooded area, recognizing that the planting of each tree may require some clearing. The maximum number of trees shall be 15 trees per 100 linear feet of property line. These trees shall have a minimum height of five feet. For this purpose, an adjacent homeowner will be determined by an extension of the eastern and westernmost property lines of each resident's property.
(e) Plantings shall be installed and maintained on the earth berms, which shall meet the following minimum standards. The majority of the following required plant materials are to be located within the top one-third portion of the berm, on the side facing the residential property.
1. Every 100 linear feet shall contain at least five deciduous trees. These trees shall have an average height of 15 feet at the time of planting. Recommended plants are Maple, Ash, Linden, and Oak or their equal.
2. Every 100 linear feet of the earth berm shall contain at least ten conifer trees. Each tree shall be a minimum of ten feet in height at the time of planting. Recommended plants are White Pine, Austrian Pine and Norway Spruce or their equal.
3. Shrubs and ground cover shall be located and maintained on the earth berm at a density of 20 shrubs per 100 linear feet of berm, which shrubs shall be a minimum of three feet in height.
4. The number of trees required shall be calculated by dividing the actual length of the berm by 100, multiplying by the number of trees required per 100 feet and rounding off to the next highest integer.
(f) All required trees and plants shall be maintained in a healthy condition and replaced with a similar type or its equal if damaged or destroyed. Further, the greenbelt area shall be maintained in good order and kept free of debris. The construction of any earth berm shall not adversely impact private property by obstructing water runoff. The berm must include a swale on each side leading to storm sewer drains or an alternative equal or better drainage system.
1. Compliance. For the first six years following the installation of the berms, no construction shall take place within 250 feet of the southern line of the property. After six years from the construction of the berms, the greenbelt shall be maintained within 150 feet of the southern line of the property.
2. Tree Replacement. No trees within the greenbelt shall be removed except as may be necessary to work being performed on recorded easements or to remove dangerous or diseased trees. Any trees removed for any reason shall be replaced within 90 days, where possible, with the same or similar species and shall at the time of planting, conform to the planting sizes specified in subsection (D)(3)(e) above.
3. Construction Criteria within 250 Feet of Property Line. The setbacks from district lines shall be maintained as contained in (C)(1) and (C)(2) of this section. Any construction within 250 feet north from the corner of Radabaugh Drive and Montgomery Road shall be done in an architectural style that shall reflect the transition from the residential uses along Radabaugh to the larger structures located further north on the property.
(4) Access. All development shall be such that no entrance or exit, public or private, shall be to or from any public right-of-way other than Montgomery Road.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)