Explanation
Rezoning Application Z09-042
APPLICANT: DGJL LLC; c/o David L. Hodge, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 11, 2010.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-C-4, Limited Commercial District will allow controlled retail and / or office development. The limitation text incorporates use restrictions, landscaping, and lighting controls. The applicant is providing a cross access easement to the south and committing to a site plan and elevations. Given the location on an arterial street across from a concrete fabrication facility and across Thimbleberry Road from a retail shopping center, Staff finds single-family residential land uses to be inappropriate and recommends deviation from the South Alum Creek Neighborhood Plan (2003). Due to the location of the site and the buffering provisions next to the residential uses, the proposed development is consistent with the zoning and development patterns of the area.
Title
To rezone 2441 THIMBLEBERRY ROAD (43207), being 1.1± acres located at the southeast corner of Alum Creek Drive and Thimbleberry Road, From: ARLD, Apartment Residential District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z08-032 Z09-042)
Body
WHEREAS, application #Z09-042 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.1± acres From: ARLD, Apartment Residential District, To: L-C-4, Limited Commercial 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 pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Far South Columbus Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-C-4, Limited Commercial District will allow controlled retail and / or office development. The limitation text incorporates use restrictions, landscaping, and lighting controls. The applicant is providing a cross access easement to the south and committing to a site plan and elevations. Given the location on an arterial street across from a concrete fabrication facility and across Thimbleberry Road from a retail shopping center, Staff finds single-family residential land uses to be inappropriate and recommends deviation from the South Alum Creek Neighborhood Plan (2003). Due to the location of the site and the buffering provisions next to the residential uses, the proposed development 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:
2441 THIMBLEBERRY ROAD (43207), being 1.1± acres located at the southeast corner of Alum Creek Drive and Thimbleberry Road, and being more particularly described as follows:
Alum Creek Dr. rezoning description
SITUATED in the State of Ohio, County of Franklin, City of Columbus, and being a part of Section 18, Township 11, Range 21, Mathew's Survey of the Congress Lands, and being all of a 1.135 acre tract conveyed to Rebecca S. Shaeffer in Official Record 200810070149831, Franklin County Recorder's Office;
BEGINNING at point of intersection of the old centerline of Alum Creek Dr. (60' wide) and the north line of the Chesapeake and Ohio Railroad (100' wide);
THENCE North 03 degrees 54 minutes 21 seconds East, a distance of 470.89 feet, along the old centerline of the said Alum Creek Dr., to a point;
THENCE South 86 degrees 09 minutes 48 seconds East, a distance of 80.00 feet, to a point, being the southwest corner of the said 1.135 acre tract and the True Point of Beginning;
THENCE North 03 degrees 53 minutes 44 seconds East, a distance of 205.91 feet, along the new east right of way line of the said Alum Creek Dr. and the west line of the said 1.135 acre tract, to a point, being a northwest corner of the said 1.135 acre tract;
THENCE around a curve to the right, with a radius of 35.00 feet, an arc length of 54.97 feet, a delta of 89 degrees 59 minutes 39 seconds, a chord of 49.49 feet which bears North 48 degrees 53 minutes 33 seconds East, along the new east right of way line of the said Alum Creek Dr. and a line of the said 1.135 acre tract, to a point, being a northwest corner of the said 1.135 acre tract;
THENCE South 86 degrees 06 minutes 37 seconds East, a distance of 170.04 feet, along the north line of the said 1.135 acre tract and the south line of Thimbleberry Rd. (80' wide), to a point, being the northeast corner of the said 1.135 acre tract;
THENCE South 03 degrees 12 minutes 02 seconds West, a distance of 240.73 feet, along the east line of the said 1.135 acre tract, to a point;
THENCE North 86 degrees 09 minutes 48 seconds West, a distance of 207.95 feet, along the south line of the said 1.135 acre tract, to True Point of Beginning, having an area of 49,463 square feet or 1.135 acres to be rezoned.
To Rezone From: ARLD, Apartment Residential District,
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan and elevation being titled, "PROPOSED BUILDING FOR DOLLAR GENERAL SHEETS C-101 and C-102,"respectively, and said text being titled, "LIMITATION TEXT, " all signed by David L. Hodge, Attorney for the Applicant, dated March 15, 2010, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-C-4, Limited Commercial
PROPERTY ADDRESS: 2441 Thimbleberry Road
OWNER: Rebecca S. Shaeffer
APPLICANT: DGJL, LLC
DATE OF TEXT: March 15, 2010
APPLICATION NUMBER: Z09 - 042
1. INTRODUCTION: The site is located at the southeast corner of Alum Creek Drive and Thimbleberry Road.
2. PERMITTED USES: Discount department stores and those uses permitted in Chapter 3355 (C-3, Commercial) of the Columbus City Code excepting therefrom the following uses:
Assembly hall
Electric substation
Motion picture theater
Newspaper printing
Commercial radio transmitting
Funeral home
Butcher shop
Public fire stations
Armored Car
Investigation guard
Security Services
Parking lots
Parking garages
Crematories
Dwelling units
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted site plan or in the text, the applicable development standards are contained in Chapter 3356 (C-4, Commercial) of the Columbus City Code.
A. Density, Lot and/or Setback Commitments.
1. Building and parking setbacks shall be 25 feet from the east property line.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. There shall be two access points, one to Alum Creek Drive and one to Thimbleberry Road, as depicted on the site plan.
2. A pedestrian connection shall be provided from the building to the public sidewalk.
3. A cross-access easement shall be granted to the .4+/- acre property to the south if it develops individually. No cross-access easement shall be required should it develop in conjunction with any other parcel or parcels to the south. The cross-access easement may provide for joint maintenance.
4. A bike rack for employees and customers shall be provided.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be installed along the street frontages of Alum Creek Drive and Thimbleberry Road on the basis of 1 tree for every 30 feet of street frontage. Trees may be grouped or evenly spaced. Street trees shall be either Chanticleer Flowering Pear or Cleveland Select Flowering Pear and shall be a minimum 2.5 to 3 inch trunk size at breast height at installation.
2. All parking areas adjacent to public streets shall be screened from the public right of way to a minimum height of 36 inches by a mound, shrubbery, or fence, individually or by any combination thereof.
3. The developer shall install a 6 foot high board on board fence adjacent to the south and east property lines beginning at the southwest corner of the building and ending at the parking setback line at Thimbleberry Road. In addition to the fence the developer shall install a row of evergreen trees to the east of the building, 20 feet on center, between the fence and the building and ending at the parking setback line at Thimbleberry Road. These trees shall be a minimum 5 feet in height at installation.
4. Within the 25' building setback from the east property line, existing vegetation shall be preserved. This vegetation may be disturbed as necessary during construction, fence installation, additional tree planting, and utility installation. During construction this area shall be surrounded by snow fence.
5. Landscaping shall be maintained in a healthy state. Dead items shall be replaced at the next planting season or within six (6) months, whichever occurs sooner.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building design shall be in accordance with the submitted elevation. The elevation may be slightly adjusted subject to review and approval by the Director of Development or his designee upon the submission of the appropriate information regarding the proposed adjustment.
2. All heating, ventilating, air conditioning and other building mechanical systems and equipment shall be fully screened from view, however equipment requiring ventilation may be screened to an opacity of at least eighty percent (80%).
E. Lighting, Outdoor Display Areas, and/or Environmental Commitments.
1. All external outdoor lighting shall be cutoff fixtures from the same or similar manufacturer, and shall be of the same design and color. Light poles shall not exceed 18 feet in height.
2. All lighting shall be downlighting and there shall be no off-site light spillage.
F. Graphics and/or Signage Commitments.
All graphics and signage shall comply with the Graphics Code Article 15, Title 33 of the Columbus City Code as it appears to the C-4 Commercial District and any variance to these requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The developer shall pay a park fee of $440 at the time of submission for zoning clearance.
2. Retail store hours of operation shall be limited to 8:00 AM to 9:00 PM.
3. Refuse service hours shall be limited to 8:00 AM to 9:00 PM.
4. The fence line shall be kept clear of refuse.
5. Two outside trash receptacles shall be located along the front of the building.
6. The subject site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon the submission of the appropriate data regarding the proposed adjustment.
7. Security lighting shall be installed at the east building façade and at the door on the south building wall.
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.