Explanation
Rezoning Application Z05-055
APPLICANT: TDH Investment Corp.; c/o David Hodge, Atty.; Smith and Hale, LLP; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Automatic car wash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 8, 2005.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The requested CPD, Commercial Planned Development District would allow an automatic car wash, which is a C-5, Highway Oriented Commercial use. The proposed use is inconsistent with the zoning and development patterns of the area. Variances are needed for either stacking or bypass requirements because the site is too small to simultaneously accommodate off-street stacking and maneuvering.
Title
To rezone 5510 NORTH HIGH STREET (43214), being 0.34± acres located on the east side of North High Street, 100± feet north of East Stanton Avenue, From: C-4, Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z05-055).
Body
WHEREAS, application #Z05-055 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.34± acres from the C-4, Commercial District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Clintonville Area Commission recommends disapproval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because the requested CPD, Commercial Planned Development District, would allow an automatic car wash, which is a C-5, Highway Oriented Commercial use. The proposed use is inconsistent with the zoning and development patterns of the area. Variances are needed for either stacking or bypass requirements because the site is too small to simultaneously accommodate off-street stacking and maneuvering, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
5510 NORTH HIGH STREET (43214), being 0.34± acres located on the east side of North High Street, 100± feet north of East Stanton Avenue, and being more particularly described as follows:
ZONING DESCRIPTION
0.3 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Townsip 3, Township 2, Range 18, United States Military Lands, being part of Lot 3 and all of Lots 4 and 5 of "Chaseland", a subdivision of record in Plat Book 7, Page 84, as conveyed to John C. and Kathy M. Bertolone by deed of record in Instrument Number 200401080005653, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING in the easterly right-of-way line of North High Street, at the northwest corner of said Lot 5;
Thence North 90° 00' 00" East, a distance of 150.00 feet, with the northerly line of said Lot 5, to a point in the westerly right-of-way line of a 20 foot alley;
Thence South 00° 00' 00" West, a distance of 99.15 feet, with the easterly line of said Lots 5, 4, and 3, to a point;
Thence North 89° 56' 34" West, a distance of 150.00 feet, across said Lot 3, with the southerly line of said Bertolone tract, to a point in the easterly right-of-way line of said North High Street;
Thence North 00° 00' 00" East, a distance of 99.00 feet, with said easterly right-of-way line, to the POINT OF BEGINNING, containing 0.3 acre of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
To Rezone From: C-4, Commercial District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.
SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "PRELIMINARY SITE PLAN," signed by David L. Hodge, attorney for the Applicant, and dated February 1, 2006; and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by David L. Hodge, attorney for the Applicant, and dated April 10, 2006, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 5510 North High Street
OWNER: John Bertolone
APPLICANT: TDH Investments, Inc.
DATE OF TEXT: April 10, 2006
APPLICATION NUMBER: Z05 - 055
1. INTRODUCTION: The subject property is zoned C-4, Commercial District; is currently a vacant oil change service center; and has been used as either an automotive maintenance and repair use or a drive-in / establishment serving food or beverages to customers in their automobiles since 1963. The applicant seeks a rezoning of the property to a CPD, Commercial Planned District to add an automatic car wash to the list of permitted uses.
2. PERMITTED USES: Those uses contained in Sections 3356.03 (C-4) and automatic car wash. The following uses shall be excluded:
Animal Shelter
Amusement Arcade
Automobile and Light Truck Dealers
Automotive Sales, Leasing and Rental
Bars, Cabarets and Nightclubs
Billiard Parlor
Billboards
Blood and Organ Banks
Book Bindery
Bus or Truck Terminal
Coin-Operated Laundries
Community Food Pantry
Crematory
Display Advertising
Halfway House
Missions / Temporary Shelters
Monopole telecommunications
Motorcycle, Boat and other Motor Vehicle Dealers
Off-Premise Graphics (billboards)
Outdoor Power Equipment Stores
Parking Lots and Garages
Recreational Vehicle Dealers
Repossession Services
Testing or Experimental Laboratory
Truck, Utility Trailer and RV Sales, Rentals and Leasing
Used Automobile Lot
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3356 (C-4), Commercial of the Columbus City Code and the Community Commercial Overlay of Chapter 3372 of the Columbus City Code
A. Density, Height, Lot and/or Setback commitments.
1. Minimum setback from North High Street
a) The existing building is setback approximately 44 feet. The applicant intends to reuse the existing building however, should the existing building be razed and rebuilt in the future, setbacks shall comply with the Community Commercial Overlay.
b) Maneuvering shall be from North High Street easterly through the site and southeasterly through to the automatic car wash bays. In addition, automobiles may by-pass and exit through the alley. Signage shall be provided on this alley exit as follows:
i. Facing the alley shall be signage that states "no entrance" or other comparable language.
ii. Facing the site shall be language that states "right turn only" or other comparable language.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. All circulation, curb cuts and accesses shall be subject to the review and approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. All trees and landscaping shall be well maintained. Dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
2. All trees shall meet the following minimum standards at the time of installation:
Deciduous Trees: 2.5 Caliper inches
Ornamental Trees: 2 Caliper inches
Evergreen Trees: 5 feet in Height
3. The developer shall install a 6-foot high board on board fence along the alley as indicated on the site plan. The fence shall approach the exit as near as possible without encroaching the clear vision triangle. The fence shall run east to west on the north and south ends of the site as additional buffering and headlight screening. In addition, the developer shall install one deciduous tree per forty feet along its North High Street frontage.
D. Building design and/or Interior-Exterior treatment commitments.
N/A
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All dumpsters shall be screened on four sides with either a wood fence or a solid wall to a height of six feet, or the height of the dumpster, whichever is greater.
2. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
3. All external outdoor lighting fixtures shall be from the same or similar manufacturer's type and color to ensure aesthetic compatibility.
4. All external lighting shall be cut-off type fixtures (downlighting). However, buildings and landscaping may be up-lighted from a concealed source so long as such up-lighting does not interfere with safe vehicular movement in compliance with C.C.C. 3372.814(E).
5. Any newly installed parking lot lighting shall not exceed 18 feet in height
F. Graphics and Signage commitments.
1. All graphics on the subject property shall comply with the Graphics Code (Article Fifteen of Title Thirty-Three of the Columbus City Codes) and the Community Commercial Overlay of Chapter 3372 as they apply to the respective uses developed on the subject property except to the extent that variances are granted in accordance with said Graphics Code by the Columbus Graphics Commission.
G. Miscellaneous commitments.
1. If the site is developed with a car wash, then the subject site shall be developed in accordance with the submitted site plan and this CPD text; if another use is developed on the subject site then that use shall comply with the development standards in this text.
2. A sign shall be continuously posted on the premises indicating operator contact information in the event of any on site issue.
3. The hours of operation shall be limited to 6 A.M. through 11 P.M. daily.
4. CPD Criteria
a. NATURAL ENVIRONMENT The site is developed with a building previously used as an oil change automotive service center. Commercial developments exist to the north, south, and west along North High Street, residential development exists to the east of the alley.
b. EXISTING LAND USES To the north, south, and west along North High Street are commercial developments. To the east of the alley is residential development.
c. TRANSPORTATION AND CIRCULATION Access to the site shall be via North High Street subject to the approval of the City's Division of Transportation.
d. VISUAL FORM OF THE DEVELOPMENT The site shall be developed in accordance with the standards of this development text. The proposal is to reface and reuse the existing structure, substantially improving its existing facades.
e. VIEW AND VISIBILITY In the redevelopment of the subject property consideration has been given to the visibility and safety of the motorists and pedestrians.
f. PROPOSED DEVELOPMENT Commercial as permitted under this text.
g. EMISSIONS No adverse affects from emissions shall result from the proposed development.
h. BEHAVIOR PATTERNS The proposed development would serve the existing residential population of Clintonville, and motorists who use North Street to get to their places of employment.
H. Variances.
1. Columbus City Code Section 3342.07 to permit the encroachment of stacked vehicles into the bypass lane.
2. Columbus City Code Section 3372.811(E) to permit less than 40 percent of the area between the height of two feet and ten feet of the front façade of the building to be a building material other than clear window glass.
The above listed variances are justifiable in that the applicant is reusing but refacing the existing building façade and the use is not one contemplated by this particular section of the Community Commercial Overlay Code. The intent is to provide an unobstructed view into commercial structures and, while this is a commercial use, an unobstructed view would not serve the purpose of this section of the Code. In addition, two of the vehicle stacking spaces interfere with the by-pass lane. The stacking scenario for this particular use is unlikely and egress remains possible in two ways, either progressing through the stack until the exit becomes available, or reversing to exit onto High Street.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.