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File #: 1116-2019    Version: 1
Type: Ordinance Status: Passed
File created: 4/15/2019 In control: Zoning Committee
On agenda: 5/6/2019 Final action: 5/9/2019
Title: To amend Ordinance #1228-2004, passed July 19, 2004 (Z04-038), for property located at 4950 NORTH HAMILTON ROAD (43230), by repealing Section 3 and replacing it with a new Section 3 thereby modifying the CPD Text as it pertains to parking and landscaping setbacks (Rezoning Amendment # Z04-038A).
Attachments: 1. ORD1116-2019_Attachments
Explanation

Rezoning Amendment: Z04-038A

Ordinance #1228-2004, passed July 19, 2004 (Z04-038), rezoned 1.69± acres at 4950 North Hamilton Road, to the CPD, Commercial Planned Development District for an eating and drinking establishment. That rezoning established specific use prohibitions and development standards including building design, height, setbacks, landscaping, lighting, access, and graphics restrictions. The property is located on the east side of North Hamilton Road, and this arterial is in the process of being widened which has necessitated the acquisition of additional right-of-way. The right-of-way acquisitions are compromising existing parking and landscaping setbacks thereby creating noncompliant situations. This ordinance amends the setback restrictions in the CPD Text established by Ordinance #1228-2004 (Z04-038) on this property. All other aspects of Ordinance #1228-2004 remain in effect and are included in this amendment.

CITY DEPARTMENTS' RECOMMENDATION: Approval.

Title

To amend Ordinance #1228-2004, passed July 19, 2004 (Z04-038), for property located at 4950 NORTH HAMILTON ROAD (43230), by repealing Section 3 and replacing it with a new Section 3 thereby modifying the CPD Text as it pertains to parking and landscaping setbacks (Rezoning Amendment # Z04-038A).

Body

WHEREAS, Ordinance #1228-2004, passed July 19, 2004 (Z04-038), rezoned 1.69± acres at 4950 NORTH HAMILTON ROAD (43230) from the L-C-4, Limited Commercial District to the CPD, Commercial Planned Development District for an eating and drinking establishment; and

WHEREAS, that rezoning established specific development standards addressing permitted uses, setbacks, access, parking, landscaping, building design, and lighting commitments in the CPD Text; and

WHEREAS, the CPD Text included commitments for specific parking and landscaping setbacks; and

WHEREAS, it is necessary to amend Section 3 of Ordinance #1228-2004, passed July 19, 2004 (Z04-038) to account for ri...

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