Explanation
Rezoning Application Z11-005
APPLICANT: Winham Investments LLC c/o David Perry; David Perry Co. Inc; 145 East Rich Street, 3rd Floor; Columbus, OH 43201.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on May 12, 2011.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is applying for a rezoning from the L-C-4 Limited Commercial and R, Rural Districts to allow commercial development. The applicant requests setback variances along Hamilton Road and Winchester Pike and variances to allow decreased parking standards due to potential lot splits. The L-C-4 text includes use and access limitations, landscaping, and screening provisions. The proposed CPD, Commercial Planned Development District is compatible and consistent with the zoning pattern and development in the area. The Division of Planning and Operations supports the requested setback variances. Staff supports the variances to standards caused by the possible splitting of the property and views this as a technicality because in effect the standards being varied will still be met.
Title
To rezone 4514 WINCHESTER PIKE (43232), being 2.6± acres located at the northwest corner of Hamilton Road and Winchester Pike, From: L-C-4, Limited Commercial and R, Rural Districts, To: CPD, Commercial Planned Development District. (Rezoning # Z11-005)
Body
WHEREAS, application #Z11-005 is on file with the Department of Building and Zoning Services requesting rezoning of 2.6± acres from the L-C-4, Limited Commercial and R, Rural Districts to the CPD, Commercial Planned Development District; and
WHEREAS, the Healthy Places program reviews rezoning applications for active living features. The following recommendations were made by Healthy Places but not addressed by the applicant: 1) that new sidewalks be installed along Hamilton Road and Winchester Pike, 2) that sidewalks for safe pedestrian circulation internally within the site be installed, 3) that all new sidewalks installed be a minimum of 8 feet wide, and 4) that pedestrian crosswalks (either ladder stripping or texturized pavement) and pedestrian signage be installed at across all curb cuts rendered in the site plan; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval the proposed CPD, Commercial Planned Development District is compatible and consistent with the zoning pattern and development in the area. The L-C-4 text includes use and access limitations, landscaping, and screening provisions. The Division of Planning and Operations supports the requested setback variances. Staff supports the variances to standards caused by the possible splitting of the property and views this as a technicality while in effect the standards being varied will still be met; 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:
4514 WINCHESTER PIKE (43232), being 2.6± acres located at the northwest corner of Hamilton Road and Winchester Pike, and being more particularly described as follows:
Legal Description
4514 Winchester Pike
2.627 +/- Acres
Situated in the City of Columbus, County of Franklin and State of Ohio:
And known as being in Section 9, Township 11, Range 21 Congress Lands and being a part of a 9.283 acre tract conveyed to Merill F. Schulz as recorded in Deed Book 3540, Page 856, Recorder's Office, Franklin County, Ohio, Bounded and described as follows:
Commencing at an iron bar monument found at the intersection of the centerline of Hamilton Road, also known as State Route 317, so called and the North line of Section 9.
Thence South 07 deg. 52' 30" West along the centerline of Hamilton Road, a distance of 343.99 feet to a point, said point being the true point of beginning;
Thence continuing South 07 deg. 52' 30" West along the centerline of Hamilton Road, a distance of 360.24 feet to a point on the Easterly prolongation of the original centerline of State Route 33, so called;
Thence North 53 deg. 10' 00" West, along the original centerline of State Route 33 and its Easterly prolongation, passing a ½ inch galvanized steel pipe set at 224.98 feet, an overall distance of 289.18 feet to a ½ inch galvanized steel pipe set at a point of curvature on the Northerly right of way of Winchester Pike, so called;
Thence traversing a curve to the left along the Northerly right of way of Winchester Pike, said curve having a central angle of 04 deg. 34' 06", a radius of 652.46 feet, a chord bearing of North 55 deg. 30' 13" West, and a chord length of 52.01 feet to a point on the East line of a 0.532 acre tract as conveyed to Norman B. and Carmen D. Conley in Microfiche 07114J10, from said point an iron pipe can be found 0.11 feet South and 0.17 feet West;
Thence North 07 deg. 54' 40" East along said line of land conveyed to Conley, a distance of 197.50 feet to a point on the Southerly line of a 0.687 acre tract as conveyed to Merrill F. and Angeline S. Schulz in Instrument No. 198206240071752, said line also being the North line of a 1.912 acre tract as conveyed to Schulz by Deed Book 3803, Page 242, from said point an iron pipe can be found 0.15 feet South and 0.04 feet West;
Thence South 82 deg. 00' 50" East along said line as conveyed to Schulz, passing a ½ inch galvanized steel pipe set at 214.40 feet, an overall distance of 299.40 feet to the true point of beginning;
Containing 83,190.14 square feet or 1.910 acres of land, of which 32,132.93 square feet or 0.738 acres lie within the public road right of way.
Bearings used herein are based on an assumed meridian and are for the express purpose of showing angular measurement. All ½ inch galvanized steel pipe set are marked with a cap bearing company name and P.S. 7476.
PID 010-221380
Parcel 2:
Situated in the City of Columbus, County of Franklin and State of Ohio:
And known as being in Section 9, Township 11, Range 21 Congress Lands and being a part of a 9.283 acre tract conveyed to Merill F. Schulz and Angeline Schulz, as recorded in Deed Book 3540, Page 856, Recorder's Office, Franklin County, Ohio, Bounded and described as follows:
Commencing at an iron bar monument found at the intersection of the centerline of Hamilton Road, also known as State Route 317, so called and the North line of Section 9.
Thence South 07 deg. 52' 30" West along the centerline of Hamilton Road, a distance of 243.99 feet to a point, said point also being the true point of beginning;
Thence continuing South 07 deg. 52' 30" West along said line, a distance of 100.00 feet to a point on the North line of a 1.912 acre tract conveyed to Merril F. Schulz and Angeline A Schulz in Deed Book 3803, Page 242, said line also being the South line of a 0.687 Acre tract as conveyed to Schulz in Instrument No. 198206240071752;
Thence North 82 deg. 00' 50" West along said line as conveyed to Schulz, passing a 1/2 inch galvanized steel pipe set at a distance of 85.00 feet, an overall distance of 299.40 feet to a point on the East line of a 0.532 acre tract conveyed to Norman B. Conley and Carmen D. Conley as recorded in Microfiche 07114J10;
Thence North 07 deg. 54' 40" East along said line as conveyed to Conley passing the Northeast corner of a parcel of land as conveyed to Conley, said corner also being the Southeast corner of a 0.556 acre tract as conveyed to Rebco Inc in Instrument No. 199910150260809, at a distance of 53.34 feet, an overall distance of 100.00 feet to a point on the south line of a 1.347 acre Tract conveyed to Merril F. Schulz and Angeline A. Schulz in Instrument No. 200012290262274;
Thence South 82 deg. 00' 50" East along said line as conveyed to Schulz, passing a 1/2 inch galvanized steel pipe set at 214.34 feet, an overall distance of 299.34 feet to the true point of beginning;
Containing 29,936.82 square feet or 0.687 acres of land, of which 8,500.99 square feet or 0.195 acres lie within the public right of way.
Bearings used herein are based on an assumed meridian and are for the express purpose of showing angular measurement. All ½ inch galvanized steel pipe set are marked with a cap bearing company name and P.S. 7476.
PID 010-261381
Parcel 3:
Situated in the City of Columbus, County of Franklin and State of Ohio:
And known as being in Section 9, Township 11, Range 21 Congress Lands and being a part of a 9.283 acre tract conveyed to Merill F. Schulz and Angeline Schulz, as recorded in Deed Book 3540, Page 856, Recorder's Office, Franklin County, Ohio, Bounded and described as follows:
Commencing at an iron bar monument found at the intersection of the centerline of Hamilton Road, also known as State Route 317, so called and the North line of Section 9.
Thence South 07 deg. 52' 30" West along the centerline of Hamilton Road, a distance of 44.64 feet to a point, said point also being the true point of beginning;
Thence continuing South 07 deg. 52' 30" West along said line, a distance of 199.35 feet to a point of the North line of a 0.687 acre tract conveyed to Merril F. Schulz and Angeline A. Schulz
in Instrument No. 198206240071752, said line also being the South line of a 1.437 acre tract as conveyed to Merill F. Schulz and Angeline A. Schulz in Instrument No. 200012290262274;
Thence North 82 deg. 00' 50" West along said line as conveyed to Schulz, passing a 1/2 inch galvanized steel pipe set at 85.00 feet, an overall distance of 299.34 feet to a point on the East line of 0.556 acre tract as conveyed to Rebco, Inc. in Instrument No. 199910150260809, from said point an iron pipe can be found 0.03 feet East and 0.23 feet South;
Thence North 07 deg. 54' 40" East along said line as conveyed to Rebco, Inc. a distance of 193.65 feet to a point on the South line of a 2.268 acre tract conveyed to Merril F. Schulz and Angeline A. Schulz in Instrument No. 200012290262274, from said point an iron pipe can be found 0.05 feet West;
Thence South 83 deg. 06' 20" East along said line as conveyed to Schulz, passing a 1/2 inch galvanized steel pipe set at a distance of 214.24 feet, an overall distance of 299.26 feet from the true point of beginning.
Containing 58,808.32 square feet or 1.350 acres, of which 16, 878.02 square feet or 0.387 Acres lie within the public road right of way.
Bearings used herein are based on an assumed meridian and are for the express purpose of showing angular measurement. All ½ inch galvanized steel pipe set are marked with a cap bearing company name and P.S. 7476.
PID 010-261382
To Rezone From: L-C-4, Limited Commercial and R, Rural Districts,
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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, " CPD PLAN - 4514 WINCHESTER PIKE" and text titled, "COMMERCIAL PLANNED DEVELOPMENT 4514 WINCHESTER PIKE, COLUMBUS OH 43232," all signed by David Perry, Agent for the Applicant, all dated June 27, 2011, and the text reading as follows:
CPD, Commercial Planned Development
4514 Winchester Pike
Columbus, OH 43232
PROPOSED DISTRICT: CPD, Commercial Planned Development
EXISTING DISTRICT: L-C-4, Limited Commercial District (Z91-074) and
R, Rural District
ACRES: 2.627 +/- acres
PROPERTY ADDRESS: 4514 Winchester Pike, Columbus, OH 43232
OWNER(S): Winham Investments LLC c/o Dave Perry, David
Perry Co., Inc., 145 East Rich Street, 3rd Flr.,
Columbus, OH 43215 and Donald Plank,
Plank Law Firm, 145 East Rich Street, 3rd Flr.
Columbus, OH 43215
APPLICANT: Winham Investments LLC c/o Dave Perry, David
Perry Co., Inc., 145 East Rich Street, 3rd Flr.,
Columbus, OH 43215 and
DATE OF TEXT: June 27, 2011
APPLICATION NUMBER: Z11-005
INTRODUCTION: The site for rezoning is located in the northwest quadrant of the intersection of Winchester Pike and South Hamilton Road. The site has frontage on both Hamilton Road and Winchester Pike. The south parcel (010-221380) is zoned L-C-4, Limited Commercial (Z91-074). The other two (2) parcels are zoned R, Rural. The west property line of the site is also the City of Columbus Corporation line. All property to the west is in Madison Township and is zoned CS, Community Service. The CS District is comparable to C-4. The north property line of the site is also the City of Columbus Corporation line. The property to the north of the site is developed with a single family dwelling and is zoned R, Rural (Franklin County Zoning Resolution). Both Hamilton Road (4-2D) and Winchester Pike (4-2) are arterial right of ways on the Columbus Thoroughfare Plan. Commercial development is appropriate for the site and location. The site plan ("Plan"), titled "CPD Plan - 4514 Winchester Pike", dated June 27, 2011, is referenced in Section I., Miscellaneous commitments.
1. PERMITTED USES: Permitted uses shall be all uses of Section 3356.03, C-4 Permitted Uses, except Billboards, Bars, Cabarets, Night Clubs, Bowling Centers, Drive-in Motion Picture Theater, Dance halls or dance instruction larger than 3,000 sq. ft. gross floor area, Garage and Tire Repair Shop (but not intended to exclude retail oil change, muffler sales and installation and tire sales and installation or similar retail automotive related uses), Motion Picture Theater, Skating Rink and Off-Premise Graphics, except as Off-Premise Graphic(s) may be approved by application for Special Permit to the Columbus Graphics Commission.
2. DEVELOPMENT STANDARDS: Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code (C-4, Commercial District), Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standards.
A. Density, Lot and/or Setback Commitments.
1.The building setback from both Hamilton Road and Winchester Pike shall be a minimum of forty (40) feet.
2. The parking setback from both Hamilton Road and Winchester Pike shall be a minimum of ten (10) feet.
3. There shall be a minimum ten (10) foot building and parking setback along the north property line of the site, where adjacent to the abutting Madison Township parcel to the north, as long as the north property line of the 2.627 acre site abuts residentially zoned or used property
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1.There shall be a total of three (3) vehicular access points to the site, as follows: a) One (1) full-turning access on South Hamilton Road aligned with Wingate Drive. A northbound left turn lane shall be constructed for this access point; b) one (1) right-in/right-out access on South Hamilton Road, located approximately as depicted on the Plan, and 3) one (1) full-turning access point on Winchester Pike. An access study titled "Traffic Impact Study", dated April 13, 2011, prepared by J. Gallagher Group, delineating vehicular access to the site, has been approved by the City of Columbus.
2.Internal pedestrian walkways in the parking lot shall be delineated by pavement striping.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1.Street trees shall be provided along South Hamilton Road and Winchester Pike at the rate of one (1) tree for every thirty (30) lineal feet of street frontage.
2.The north ten (10) foot buffer setback shall contain the existing evergreen material, or, if existing plant material along the north property line is removed, a six (6) foot tall opaque fence or wall shall be erected along the north property line, where not in conflict with clear vision requirements, and evergreen plant material shall planted three (3) feet on center in the buffer strip.
3. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
4. The minimum size of all trees at installation shall be two (2) inch in caliper for deciduous trees, five (5) feet in height for evergreen trees, and one and one half (1 ½) inches in caliper for ornamental trees. Tree caliper shall be measured six (6) inches from the ground.
5.Parkland Dedication Ordinance fees of $400/acre for the acreage of the site that is presently zoned R, Rural (1.455 +/- acres) shall be paid in conjunction with the Site Plan Compliance Review process.
6. Opaque screening, six (6) feet tall, shall be provided along the south 170 feet of the west property line, starting 30 feet from the Winchester Pike property line. The opaque screen may be a fence, wall, change in grade and/or combination of same. The six (6) foot height of the opaque screen shall be measured from the established grade at the east property line of 4490 Winchester Pike (Franklin County Auditors Parcel 180-004726).
7.No chain link fence or chain link fence with slats shall be used on the property.
8.All fences shall be maintained in good condition, including repair and cleaning as needed.
D. Building Interior-Exterior Commitments.
1. Mechanical equipment or other utility hardware on the roof of a building shall be screened to the height of the equipment, so the equipment isn't visible from the property lines of the site.
2.Primary building materials shall consist of brick, including face brick, stone, stucco, EIFS, cast concrete and/or textured block or comparable materials. Primary building material colors shall be earth tones, which shall include, for example, but not be limited to: white, beige, tan, brown, and blue. Non-earth tone accent colors are permitted.
3.Primary building materials shall be used on the west elevation of any building adjacent to the east parcel line 4490 Winchester Pike (Franklin County Auditors Parcel 180-004726).
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. New wiring within the site shall be underground unless above ground wiring is required by the applicable utility company.
2.Refuse service shall be provided by private hauler.
3.Parking lot lighting shall not exceed eighteen (18) feet in height.
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, as it applies to the C-4 Commercial District. Any variance to the Graphics Code or request for Special Permit for Off-Premise Graphic(s) shall be submitted to the Columbus Graphics Commission for consideration.
G. Other CPD Requirements.
1.Natural Environment: The natural environment of the site is flat. The site has some small abandoned buildings that will be removed when the site is developed.
2.Existing Land Use: The site has some small abandoned buildings that will be removed when the site is developed.
3.Circulation: Access to and from the site will be via full turning movement curbcuts on South Hamilton Road (1) and Winchester Pike (1) and one (1) right-in/right-out curbcut on South Hamilton Road
4. Visual Form of the Environment: The site is located at the intersection of two arterial right of ways. Other commercial uses are located at the intersection and along both roads. Property in Madison Township to the west of the site is zoned commercial.
5. Visibility: The site is located on both South Hamilton Road and Winchester Pike. There is good visibility of the site from both streets.
6. Proposed Development: Rezoning to CPD for commercial development.
7. Behavior Patterns: Vehicular access will be from both South Hamilton Road and Winchester Pike.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sound and dust. There will be no objectionable emissions.
H. Modification of Code Standards.
1. Section 3356.11, C-4 District Setback Lines, which Section requires a 60 foot and 50 foot building setback line on Hamilton Road and Winchester Pike, based on Columbus Thoroughfare Plan designations as 4-2D and 4-2 arterial right of ways, respectively, while existing right of way for both Hamilton Road and Winchester Pike exceeds the 120 foot and 100 foot Thoroughfare Plan designations, while applicant proposes 40 foot building setback lines along both streets.
2.The site may be split for the purpose of having separate parcels for financing and multiple retail store pads. The overall 2.627 acre site and uses shall comply with applicable code required parking, parking stall dimensions, parking and loading space maneuvering area, and required aisle dimensions, but lot splits shall be permitted that establish internal property lines without regard to the number of parking spaces on each resulting parcel, or the dimensions of parking, loading or stacking spaces, maneuvering area and/or aisle widths as long as total dimensional requirements are met, including across internal property lines. Easement(s) shall be provided for vehicle and pedestrian circulation throughout the 2.627 acre parcel and easements shall be provided where applicable for any parking, stacking or loading space, aisle, maneuvering area or by-pass lane that functions across property lines. The following code variances are provided:
a.3312.09, Aisle, to permit a property line to divide a parking lot aisle(s), while the total width of the parking lot aisle shall comply with minimum aisle width.
b. 3312.25, Maneuvering, to permit parking spaces to have maneuvering area divided by a parcel line and/or tax district line and to maneuver across a parcel line and/or tax district line, while total code required maneuvering area shall comply.
c. 3312.29, Parking Space, to permit a parcel line and/or tax district line to divide parking spaces, while the total parking space shall comply with required dimensions.
I. Miscellaneous Commitments.
1. Development of the site shall be in accordance with the site plan titled "CPD Plan - 4514 Winchester Pike", dated June 27, 2011 and signed by David B. Perry, Agent for Applicant and Property Owner, and Donald Plank, Attorney for Applicant and Property Owner. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to any of the drawings shall be reviewed and may be approved by the Director of the Building and Zoning Services Department 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.