Explanation
Rezoning Application Z95-074A
Ordinance #1995-96 (Z95-074), passed September 16, 1996, rezoned 0.8+ acres located at 6291 CLEVELAND AVENUE from L-C-4, Limited Commercial District to the L-C-4, Limited Commercial District. The rezoning established a specific development standard limiting the vehicular access on Cleveland Avenue to one right-turn in only driveway. The Department of Public Service approves of an amendment to allow a right-turn out only driveway with the removal of the existing right-turn in only driveway. This legislation will amend Ordinance #1995-96 (Z95-074), passed September 16, 1996, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the L-C-4 text to allow a right-turn out only driveway with the removal of the existing right-turn in only driveway. In addition, department names have been updated, one spelling error has been corrected and one portion of the text made nonsensical by this amendment has been deleted. Outside of those changes, no other parts of the ordinance are changed.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #1995-96 (Z95-074), passed September 16, 1996, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the L-C-4 text to allow for a right turn out onto Cleveland Avenue as required for property located at 6291 CLEVELAND AVENUE (43229) (Rezoning Amendment #Z95-074A).
Body
WHEREAS, Ordinance #1995-96, passed September 16, 1996, rezoned 0.8+ acres located at 6291 CLEVELAND AVENUE from the L-C-4, Limited Commercial District to the L-C-4, Limited Commercial District, with a restriction limiting the vehicular access on Cleveland Avenue to one right-turn in only driveway lane; and
WHEREAS, it is necessary to modify the L-C-4 text of Ordinance #1995-96 (Z95-074), passed September 16, 1996, to remove the limitation of vehicular access on Cleveland Avenue to one right-turn in only driveway lane as it has been determined by the Department of Public Service, Division of Planning and Operations to be no longer necessary; and
WHEREAS, all other aspects of the L-C-4 text contained in Ordinance #1995-96 are unchanged by this amendment and remain in effect, and
WHEREAS, the modified access provisions have been reviewed and approved by the Department of Public Service, Division of Planning and Operations; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That existing Section 3 of Ordinance #1995-96 (Z95-074), passed September 16, 1996, be hereby repealed and replaced by a new Section 3 and reading as follows:
SECTION 3. That the Regulation Administrator of the Development Regulation Division be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Development Regulation Division and shall register a copy of the approved L-C-4, Limited-Commercial District and Application among the records of the Development Department as required by section 3370.03 of the Columbus City Codes; said plan being titled "SITE PLAN," signed by Fred J. Simon, Attorney for the Applicant, deed April 8, 1996; and text being titled: "DEVELOPMENT PLAN-REZONING APPLICATION Z95-074," signed by Lynsey Ondecker, Agent for the Applicant, dated October 6, 2011 and reading as follows:
Development Plan
REZONING APPLICATION- Z95-074
6291 CLEVELAND AVENUE
October 6, 2011
APPLICANT: McDonald's Corporation
REQUEST: Limited Commercial - L-C-4
A. ALLOWABLE USES AND PROHIBITED USES:
1. Except as limited by this text, allowable uses shall be those permitted in C-4 Commercial District.
The following uses are specifically prohibited and shall not be permitted on the Property:
Adult book stores
Adult motion picture theater
Adults only entertainment establishments
Armory
Assembly hall
Auto park
Auto rental, new or used
Auto repair (Garage)
Auto sales, new or used
Bill boards, except for the one two-faced presently located on the premises.
Bowling alley
Business college
Cabaret
Commercial radio transmission or television station or appurtenances
Dance halls
Electric substation
Filling station
Funeral parlor
Hospital (private/public)
Hotel
Ice House
Millinery
Motel
Motion picture theater
Motor bus terminal
Newspaper printing
Night Club
Off premise graphics
Pool Hall
Poultry (killing and dressing for sale on or off the premises)
Private Club
Public parking for pay
Stables
Skating rink
Telephone substation
Testing or experimental laboratory
Tin Smith
Trade School
2. SITE PLAN: The property shall be developed in accordance with the submitted site plan. The site plan may be adjusted to reflect engineering, topographical, or other site plan data which may be developed at the time the final development and engineering plans are completed. Any adjustment to the site plan shall be reviewed and approved by the AdministratorDirector, Division of RegulationsDepartment of Building and Zoning Services, or his or her dissignee designee, upon submission of the appropriate data regarding the proposed adjustment. The general layout and the site concept shall conform to the site plan.
B. SIGNAGE AND GRAPHICS:
1. All ground graphics within the Property shall be of a uniform design.
2. All signage may either be internally illuminated or ground lighted if the
Illumination is directed onto the sign or building wall and does not glare onto adjacent properties or roadways.
3. The following type signs and those similar thereto are prohibited; signs with flashing lights, projecting signs, co-op signs, rotating signs, and trailer-type signs.
4. The property may be identified by one ground graphic along Cleveland Avenue limited to a size of one hundred (100) square feet, at a maximum height of twenty (20) feet, and at a fifteen (15) foot setback. Such signage may be incorporated into entry corner features including appropriate landscaping and lighting treatment.
5. The property may be identified by one ground graphic along Community Park Drive limited in size to forty-eight (48) square feet, at a maximum height of eight (8) feet.
6. The property may have ground traffic control, directional and menu signs limited to a maximum combined total of seventy (70) square feet and height of eight (8) feet.
7. Wall signage shall be limited to a total of forty-five (45) square feet.
8. All off-premises graphics shall be restricted to political or free-speech uses only. No off-premises graphics shall be used for commercial purposes.
9. Excepting these requirements, all other graphics shall conform to Article 15 of the City of Columbus Graphics Code for C-4 District.
C. YARD AND SETBACK REQUIREMENTS:
Minimum Street frontage set back:
1. Buildings Cleveland Avenue 60 feet
Community Park Drive 45 feet
2. Parking & Maneuvering: Cleveland Avenue 10 feet
Community Park Drive 10 feet
3. Perimeter & Internal Side & Rear Yards: 5 feet
Parking and Maneuvering
D. ENVIRONMENTAL TREATMENT
1. In order to provide visual continuity along arterial streets, trees (for example, Bradford pear, maple, spruce, evergreens, or similar hardy species) three (3) inches or greater in caliper at planting, are required and shall be planted one for each forty (40) feet of frontage (grouped or spaced), a minimum distance of ten (10) feet from the right-of-way.
2. All parking adjacent to arterial shall have a headlight screening of thirty (30) inches minimum height along and parallel to the site frontage as measured from the highest elevation of the nearest intersection of adjacent parking area. Such screening may be accomplished by the use of mounding, brick stone structures, other landscape materials, topographical differences between the parking areas and adjacent roadways or combination thereof.
3. All parking lot areas shall be provided with interior landscaping providing for minimum of one shade tree for every 10 parking spaces (or fraction thereof). Such landscaping shall meet all requirements of Section 3342.11, CZC.
4. Lot coverage for structures and paved areas shall not exceed 85%. Sidewalks and paved plazas at building entrances shall not be considered a part of lot coverage.
5. All areas between designated parking setback and street right-of-ways shall be landscaped.
6. All outdoor trash storage containers shall be fully screened on all four sides by structures and/or landscaped and meet all fire and safety design standards.
7. A general tree planting plan shall be provided at the following ratio of lot coverage:
a. o to 20,000 square feet: six inches of trunk size plus one inch for every 4,000 square feet of lot coverage.
b. 20,001 to 100,000 square feet: ten inches of trunk size plus one inch for every 4,000 square feet of lot coverage over 20,000 square feet.
c. Over 100,000 square feet: twenty inches of trunk size plus one inch for every 6,500 square feet of lot coverage over 100,000 square feet.
d. Minimum sizes for all trees shall be 2 to 2 ½ inch caliper for shade, 6 to 8 feet high for evergreen and 1 to 1 ½ inch caliper for ornamental.
8. Such tree planting material shall be used to provide plantings within parking areas, as part of frontage treatment and to adjacent buildings. Commercial sites shall have at least fifty percent (50%) of the landscape ratio requirements provided within parking and service areas. Existing trees of three inch caliper or greater which are retained on site may be used to offset two-thirds (2/3) of these requirements as long as such trees are not located in the service areas. Minimum tree trunk shall be no less than two inches caliper.
E. HEIGHT DISTRICT:
The height restriction for any structure shall be 35 feet.
F. LIGHTING
1. All external outdoor lighting shall be cut-off type fixtures (down lighting) except up lighting may be used to illuminate land-scaped areas and buildings.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to ensure aesthetic compatibility.
3. Wiring shall be underground except where above-ground wires are presently permitted by legal easement to the Columbus & Southern Ohio Electric Company including the primary service lines from the above-ground wires. Columbus & Southern Ohio Electric Company is encouraged to relocate to underground services in all areas.
4. All parking lot lighting shall be no higher than 28 feet.
G. TRAFFIC AND CIRCULATION:
1. Access to and from the Property shall be approved by the City of Columbus' Division of Traffic and Engineering Department of Public Service. The property shall comply with all other requirements of the Columbus City Codes pertaining to maneuvering and loading.
2. The Property shall be limited to one right turn-in out lane only from driveway onto Cleveland Avenue.
3. The property shall have ingress and egress at Community Park Drive and shall be limited to one lane turn-in and one lane turn-out.
4. The location, width and other dimensions of all curb cuts shall be as determined by the City of Columbus' Division of Traffic EngineeringDepartment of Public Service.
H. PARKING:
1. All parking areas shall be designed and constructed to promote safety of circulation within single parking areas. Such designs shall provide for efficient circulation with respect to public streets, service roads, adjacent uses, loading areas and parcel pick-up lanes.
2. Parking areas shall be surfaced with either concrete or blacktop with drainage according to the City of Columbus, Division of Sewage & Drainage standards.
3. All major driving aisles and curb lanes within the parking area shall be defined with raised curbing islands, dividers, or medians of painted lines. Any such raised definition to traffic circulation shall be planted with trees and/or evergreen plant material of the low, spreading variety to increase visibility of the island, divider or median.
I. SIDEWALK:
Subject to approval of the City of Columbus' Department of Public Service Department a 4' concrete sidewalk will be provided along the entire frontage along Cleveland Avenue and shall have wheelchair ramps installed at intersections with public and private drives.
Subject to approval of the City of Columbus, Department of Public Service Department a 4' concrete sidewalk will be provided along the entire frontage along Community Park Drive and shall have wheelchair ramps installed at intersections with public and private drives.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.