Explanation
Rezoning Application Z06-066
APPLICANT: Brian M. Murray; c/o David Perry, Agent; The David Perry Company; 145 East Rich Street, 3rd Floor; Columbus, Ohio 43215 and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street, 3rd Floor; Columbus, Ohio 43215.
PROPOSED USE: Office, day care and veterinarian uses.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on October 12, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District is consistent with the land use recommendations in the West Columbus Interim Development Concept (1991) and would permit controlled office, daycare and veterinarian development consistent with established zoning and development patterns of the area. The proposed limitation text includes customary use restrictions and buffering provisions along the north and east property lines.
Title
To rezone 5301 ROBERTS ROAD (43026), being 0.68± acres located on the south side of Roberts Road, 300± feet west of Windflower Road, From: R-1, Residential District. To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-066)
Body
WHEREAS, application #Z06-066 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.68± acres from the R-1, Residential District to the 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 pass this ordinance to sell the property as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the requested CPD, Commercial Planned Development District is consistent with the land use recommendations in the West Columbus Interim Development Concept (1991) and would permit controlled office, daycare and veterinarian development consistent with established zoning and development patterns of the area. The proposed limitation text includes customary use restrictions and buffering provisions along the north and east property lines, 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:
5301 ROBERTS ROAD (43026), being 0.68± acres located on the south side of Roberts Road, 300± feet west of Windflower Road, and being more particularly described as follows:
0.677 Acres
Legal Description for Zoning Purposes Only
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Virginia Military Surveys 6554 and 7029, being part of the premises conveyed to Charles F. and Rosemary Schwaigert (Deed Book 2273, Page 243) and part of the premises conveyed to Rosemary Schwaigert (O.R.V. 15449 H-18) and being more particularly described as follows:
Commencing at the centerline intersection of Roberts Road and Rome-Hilliard Road;
Thence, along the centerline of Roberts Road, South 85°46'00" East, 1,148.31 feet to a point;
Thence, South 04°51'00" East, 50.63 feet to a point at THE TRUE POINT OF BEGININNG of this description;
Thence, South 85°46'00" East, 200.00 feet to a point;
Thence, South 04°51' 00" East, 149.37 feet to a point;
Thence, North 85°46' 00" West, 200.00 feet to a point;
Thence, North 04°51'00" West, 149.37 feet to the place of beginning, CONTAINING 0.677 Acres.
To Rezone From: R-1, Residential 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, "5301 ROBERTS ROAD," signed by Donald Plank, Attorney for the Applicant, and David B. Perry, Agent for the Applicant dated October 17, 2006; and text titled, "DEVELOPMENT TEXT," signed by Donald Plank, Attorney for the Applicant, and David B. Perry, Agent for the Applicant dated October 17, 2006, and the text reading as follows:
DEVELOPMENT TEXT
CPD, Commercial Planned Development
0.677± Acres
EXISTING DISTRICT: R-1, Residential District
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 5301 Roberts Road, Columbus, OH 43026
OWNER: Rosemary Schwaigert c/o David B. Perry, Agent, The David Perry Co., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
APPLICANT: Brian M. Murray c/o David B. Perry, Agent, The David Perry Co., 145 East Rich
Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm,
145 East Rich Street, Columbus, OH 43215
DATE OF TEXT: October 17, 2006
APPLICATION NUMBER: Z06-066
1. INTRODUCTION:
The subject site is 0.677 + acres zoned R-1, Residential located on the south side of Roberts Road, 250+ feet east of Potts Place. The City of Columbus has recently acquired right of way from the site for the Roberts Road widening and improvement project. Roberts Road is designated a 4-2 arterial on the Thoroughfare plan. The site was developed with a single family dwelling in Norwich Township, but the character of the area has changed with development on Roberts Road. Applicant proposes to rezone the property to the CPD, Commercial Planned Development District to permit certain uses of the C-2, Commercial District. Applicant proposes to change the use of the dwelling for C-2 uses and may redevelop the site in the future. The plan titled "5301 Roberts Road", hereafter referred to as "The Plan", dated October 17, 2006 and signed October 17, 2006 by David B. Perry, Agent, and Donald Plank, Attorney, is submitted with this application as the site development plan while the existing house remains. If the site is redeveloped, this site plan shall not be applicable.
2. PERMITTED USES: The following uses shall be permitted:
All office uses of Chapter 3353, C-2, Commercial District, adult/child day care
and/or veterinarian office.
3. PROHIBITED USES: The following uses are prohibited:
Monopole Telecommunications Antenna, billboard, drive-thru/pickup window as a primary or accessory use.
4. DEVELOPMENT STANDARDS: Except as specified herein, or as depicted on The
Plan, the applicable development standards shall be as specified in the C-2,
Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building setbacks shall be as depicted on The Plan for as long as the existing house, including the option of building an addition to the house, remains. If the site is redeveloped, meaning the existing house is razed, any site development shall comply with applicable code required building setback(s).
2. There shall be a 10 foot pavement setback along the east and south property lines.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Upon change of use of the house to commercial use, the existing driveway of the house will be removed and the existing Roberts Road curbcut closed.
2. Vehicular access for any commercial use shall be from a new driveway located approximately as depicted. The site shall be accessed via one (1) full turning movement curb cut located approximately as depicted on The Plan, subject to final design and engineering approval by the Division of Transportation, which may include splitting the driveway on the common property line of 5301 Roberts Road and 5309 Roberts Road. An easement for vehicular access shall be provided to the property owner of parcel 560-154699 (5309 Roberts Road), abutting the subject site to the west, for use of the new Roberts Road curbcut on this property if 5309 Roberts Road is rezoned to a commercial zoning district. The owner of 5309 Roberts Road shall grant an easement to 5301 Roberts Road for construction of the driveway across the common property line and for shared use of the driveway, as may be applicable, if 5309 Roberts Road is rezoned to a commercial zoning district.
3. Parking and vehicle circulation areas shall be designed as depicted on The Plan, while the existing building remains.
4. Right of way totaling 50 feet from centerline is required by the City of Columbus. Right of way totaling 50 feet from centerline presently exists.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All parking/pavement setback areas depicted on The Plan shall be maintained in live vegetation, other than sidewalks, as depicted, other than as may be required to install a dumpster, if required, while the house remains. Parking in addition to the 12 spaces shown on the Plan may also be provided, if desired.
2. A street tree row shall be established along Roberts Road. The street tree row shall contain one (1) tree for approximately every 50 feet of lineal frontage. Skyline Honey Locust, or similar trees, shall be used. The trees shall be approximately evenly spaced and planted approximately five (5) feet from edge of right-of-way after Roberts Road widening improvements are completed, unless the City of Columbus plants street trees as part of the Roberts Road widening/improvements. Tree spacing may be adjusted for sight distance requirements.
3. Parking lot screening in compliance with applicable requirements of Chapter 3342 will be provided along the east and south property lines. Screening along the west property line shall only be required as long as the abutting property to the west is zoned in a residential zoning district and also only to the extent that screening does not conflict with placement/design of the new driveway, as may be required by the Division of Transportation.
4. Landscaping requirements of this section and as depicted on The Plan shall be the applicable landscaping requirements for the site and shall supercede requirements of Chapter 3342.
5. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
6. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet, Shrubs - 2 gallon.
7. The base of the ground sign, if any, shall be landscaped.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. No building shall exceed two (2) stories above grade.
2. Building(s) shall be finished on all sides/elevations with the same level and quality of finish.
3. There shall be no roof mounted mechanical equipment. Ground mounted mechanical or utility equipment shall be fully screened from view from any perimeter property line by landscaping or a fence or wall.
4. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot lighting, except decorative lighting, such as at pedestrian entrances to the buildings, shall be cut-off fixtures (down lighting).
2. All parking lot light poles and fixtures shall be a dark color and shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Parking lot light poles shall not exceed a maximum of 14 feet in height and not located within 10 feet of the south and east property lines.
4. Building mounted lighting, except decorative lighting at building entrances, shall utilize cut-off style fixtures. All lighting shall be installed to minimize any light spillage offsite.
5. All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-2, Commercial District. Any variance to the applicable requirements of the C-2, Commercial District, shall be submitted to the Columbus Graphics Commission.
2. Any ground sign shall be monument-style.
G. CPD Requirements:
1. Natural Environment and Existing Land Uses. The site is flat and is developed with a single family dwelling. The site abuts the south side of Roberts Road, a 4-2 arterial.
2. Existing Land Use: Existing single family dwelling.
3. Transportation and Circulation: The site is located on the south side of Roberts Road,
east of Potts Place.
4. Visual Form of the Environment: The property fronts on an arterial right of way but is isolated from other development. Designated C-2 uses are appropriate for the site.
5. Proposed Development: Change of use of existing house for designated C-2 uses, optional future addition to the house and optional future site redevelopment with uses permitted by text.
6. Behavior Pattern. The CPD site is situated on the south side of Roberts Road, a 4-2 arterial. Access will be from Roberts Road.
7. Emissions: No adverse effect from emissions shall result from the proposed development.
H. Deviation from C-2 Standards.
1. 3353.09 C-2 district setback lines, which Section requires that the Roberts Road
building setback line is a minimum of 50 feet, while the existing building is 20 +/- feet
from the south right of way line and applicant proposes to build an addition to the
existing building by extending the existing building to the east. The building is not
parallel to Roberts Road, so the addition, as depicted on the Plan, will be 19 +/- feet
from Roberts Road.
I. Miscellaneous.
1. The plan titled "5301 Roberts Road", hereafter referred to as "The
Plan", dated October 17, 2006 and signed October 17, 2006 by David B. Perry, Agent,
and Donald Plank, Attorney, is submitted with this application as the site development plan while the existing house remains, subject to minor adjustment with final engineering and design. Any such minor change shall be reviewed and approved by the Development Director or designee.
2. The site is exempt from the $400.00/acre Parkland Dedication Ordinance fee since it is less than one (1) acre.
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.