...Explanation
Rezoning Application Z04-024
APPLICANT: RTM Great Lakes; c/o James Olausen, agent; 6813 Hayhurst Street; Worthington, Ohio 43215.
PROPOSED USE: Restaurant with drive-thru.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 13, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the CPD, Commercial Planned Development District to modify the current CPD District to allow a fast food restaurant. The CPD text carries over the development standards contained within the current CPD District, and is consistent with the zoning and development patterns of the area.
Title
To rezone 5864 SAWMILL ROAD (43017), being 1.18± acres located on the east side of Sawmill Road, 250± feet north of Reflections Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z04-024)
Body
WHEREAS, application #Z04-024 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.18± acres from CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to proceed with the permit process so that construction can begin this year for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District would modify the current CPD District to allow a fast food restaurant. The CPD text carries over the development standards contained within the current CPD District, and is consistent with the zoning and development patterns of the area, 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:
5864 SAWMILL ROAD (43017), being 1.18± acres located on the east side of Sawmill Road, 250± feet north of Reflections Drive, and being more particularly described as follows:
LEGAL DESCRIPTION OF 1.181 ACRE TRACT
Beginning at an iron pin set in the easterly right-of-way line of Sawmill Road at a northwesterly corner of the Home Depot U.S.A. Inc. 10.758 tract , said iron pin also being located South 3 53' 48" West, a distance of 77.36 feet South and 4 00' 00" West a distance of 374.64 feet from an iron pin at the northwesterly corner of the Chester Solove Tuller, Ltd. Tract, the southwesterly corner of "REFLECTIONS AT TULLER SQUARE CONDOMINIUM", of record in Condominium Book 51, Pages 61-66.
Thence North 4 00' 00" East, being 60 feet easterly from, as measured at right angles and parallel with the centerline of Sawmill Road, a distance of 166.00 feet to an iron pin set;
Thence South 86 00' 00" East, a distance of 310.00 feet to an iron pin set in the westerly line of Sams Real Estate Business recorded in Official Records Number 1999011150011825;
Thence South 4 00' 00" West, along said westerly line of said Sams Real Estate lands, (passing the southwesterly corner of said lands at 146.00 feet) and along the westerly line of aforesaid HD Development of Maryland, Inc. lands, a total distance of 166.00 feet, to an iron pin sat at an angle point in said line;
Thence North 86 00' 00" West, along a northerly line of said HD Development lands., 310.00 feet to the Place of Beginning and containing 1.181 acres more or less but subject to all legal highways, easements and restrictions as surveyed by Deron J. Millman P.S. No S-7717 for and on behalf of Millman Surveying, Inc. in March of 2004.
All iron pins set are ½" x 30" steel rebar with plastic yellow identification cap stamped "Millman".
The meridian for all bearings stated herein is the easterly line of Sawmill Road, per Official Record 1956G13 of the Franklin County Records.
To Rezone From: CPD, Commercial Planned Development 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, "ARBY'S SAWMILL ROAD", and text titled, "CPD TEXT", both signed by James Olausen, agent for the Applicant, and dated May 18, 2004, and the text reading as follows:
CPD Text
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 5864 Sawmill Road, Columbus, OH 43017
OWNER: Chester Solove Tuller, Ltd.
APPLICANT: RTM Restaurant Group
DATE OF TEXT: May 18, 2004
APPLICATION NUMBER: Z04-024
1. INTRODUCTION: The subject site is located on the east side of Sawmill Road north of the intersection with Reflections Drive (Cranston Drive extended). It contains a portion of the original outlot "B" (the second outlot north of the intersection) as shown on the site plan of record for CPD Case No. Z98-042. The site is bounded by retail use to the east, south and west across Sawmill Road. An additional outlot to the north, associated with the original development, has yet to be developed. The applicant desires to develop the property with a "drive thru" fast food establishment, the layout for which is indicated on the attached site plan dated May 18, 2004.
2. PERMITTED USES: Allowable uses shall be those permitted by Sections 3356 and 3357.01 (C-4 and C-5 districts) of the Columbus City Code. However, no building or premise shall be used, constructed, erected, arranged, designed or intended to be used as a cabaret, night club, dance hall, pub, bar, private club, poolroom or carry-out (for off-site consumption of alcoholic beverages); wholesale or retail sales of any fuel; and there shall not be erected any off premise graphics or billboards or cellular towers. A fast food, drive thru, business shall be allowed.
3. DEVELOPMENT STANDARDS: Except as otherwise noted herein, the applicable development standards of chapters 3356 and 3357 shall apply and this accompanying site plan with minor modifications to the building footprint and parking vehicular circulation based upon final design and engineering considerations. In addition, the following general and specific development standards shall apply:
A. Setback Commitments.
For the frontage along Sawmill Road, the setback for the building shall be one hundred (100) feet, and parking shall be a minimum of thirty (30) feet, except that where public and private roadways intersect with Sawmill Road, an additional corner building and parking setback of sixty (60) feet, as measured along a line bisecting the angle formed by the intersection, shall apply.
All landscaping, except grass and any ground cover and flowers, along Sawmill Road shall have a minimum fifteen (15) foot setback.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
A maximum of one curb cut to the existing common access drive to the Home Depot parcel may be provided. Curb cut shall be located a minimum distance from Sawmill Road similar to that in place for out parcel "C" (south side of common drive) or further to the east subject to the approval of the Division of Transportation. An additional access to the common north-south drive associated with the retail development to the east shall be provided.
The exact location and design of the above described ingress and egress points shall be as shown on the site plan
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. All parking and vehicular circulation areas adjacent to Sawmill Road shall have headlight screening of thirty (30) inches minimum height along and parallel to such Sawmill Road frontage as measured from the elevation of the nearest section of the adjacent parking or vehicular circulation area, except at curbcuts.
2. Landscaping shall be required along the Sawmill Road frontage.
3. Lot coverage, including buildings, parking and service areas, shall not exceed 90% of the designated lot.
4. A Sawmill fence, which shall be a rail fence similar or equal to that already in place at Meijer and Kohl's along Sawmill Road near the subject property, and a Sawmill hedge, which at full height, shall be equal to the height of the split rail fence, shall be required. Both elements shall be intermixed along the frontage in addition to the placement of other landscaping material for further accent. Street trees are required and shall conform to existing spacing on adjacent developed out-parcels. A minimum of three street trees shall be provided.
5. The use of such Sawmill fencing and hedge material shall have a minimum setback of fifteen (15) feet.
6. Any dumpsters and/or propane tanks shall be screened to a height of seven (7) feet.
7. Rooftop Mechanicals Screening: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
8. If the building has a mansard type roof, such roof shall be on all four sides of the building.
9. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first.
10. All trees shall meet the following minimum size at the time of planting: (i) shade trees 2½" caliper; (ii) ornamental trees 1½" caliper; and (iii) evergreen trees five (5) feet in height. Tree caliper is measured six (6) inches from the ground, at the time of planting.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building Materials: The building and dumpster enclosure shall be constructed with brick exteriors.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
Lighting
· All external lighting shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
· All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure aesthetic compatibility with the surrounding development.
· All lighting on the property shall present no interference with the operations of Don Scott Airport.
· Any wall-mounted lighting shall be shielded to prevent offsite spillage.
· Light poles in the parking lot shall be sodium, mercury vapor or metal halide and the pole height shall not exceed 28 feet.
Variance from standards
If an applicant wishes to vary from the standards set forth above, the applicant might submit a detailed lighting plan which sets forth:
· Proposed number and location of new and existing lights
· Height and color of proposed light standards
· Manufacturers' specifications for each type of light
· Lamp type and wattage
· Photometric plan
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
4. CPD REQUIREMENTS
A. Natural Environment:
The site is currently vacant with existing retail to the east, south and west across Sawmill Road. An additional outlot to the north, associated with the original development, has yet to be developed.
B. Existing Land Use:
Currently the land is vacant
C. Transportation and Circulation:
Vehicular access to the property is provided primarily form the right-in/right-out access point off Sawmill Road. Secondary access is from the common north-south circulation drive associated with the overall development of the Home Depot and Wal-Mart tracts.
D. Visual form of Environment:
The structure shall have a brick exterior. The landscaping along Sawmill Road frontage, in conformance with the standards set forth above, will be esthetically pleasing to the shopper, and will provide adequate visibility from Sawmill Road of the front elevation and wall mounted signs on the buildings labeled on the original CPD Site Plan as Retail 1 and Retail 2.
E. View and Visibility
We believe the construction of the proposed restaurant and the installation of new landscaping will enhance the surrounding neighborhood and that visibility and safety at intersections and access points will not be affected by the proposed development of the property.
F. Proposed Development
G. Behavior Patterns
Primary access to the site shall occur as noted above in item C. Given the proximity to major retail developments, consistent on-site parking and convenient, safe ingress and egress shall be provided.
H. Emissions
Other than as is provided above and is customary for comparable land use, the site will not generate measurable levels of light, sound, smell or dust. Trash from the new restaurant will be contained within a dumpster, situated to the satisfaction of the Division of Refuse Collection.
The Subject Site shall be developed in general accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.