Explanation
Rezoning Application Z03-022
APPLICANT: Tony K. Xenikis; c/o Neal C. Bronder; P.O. Box 282224; Columbus, Ohio 43228.
PROPOSED USE: Veterinarian office expansion and parking lot.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 12, 2003.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the L-C-4, Limited Commercial District for the expansion of the existing veterinary office and parking lot from the adjacent C-4 lot to the west. The L-C-4 text includes limitations in consideration of surrounding residential uses. The proposal is consistent with The Greater Hilltop Plan's (2001) land use recommendations and the zoning and development patterns of the area.
Title
To rezone 4209 SULLIVANT AVENUE (43228), being 0.25± acres located on the south side of Sullivant Avenue, 207± feet east of Georgesville Road, From: R-4, Residential District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z03-022)
Body
WHEREAS, application #Z03-022 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.25± acres from R-4, Residential District to L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop 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 would allow the expansion of the existing veterinary office and parking lot from the adjacent C-4 lot to the west. The L-C-4 text includes limitations in consideration of surrounding residential uses. The proposal is consistent with The Greater Hilltop Plan's (2001) land use recommendations and the zoning and development patterns of the area, now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin and finish the proposed building addition this year before bad weather sets in for the immediate preservation of the public peace, property, health and safety; 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:
4209 SULLIVANT AVENUE (43228), being 0.25± acres located on the south side of Sullivant Avenue, 207± feet east of Georgesville Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being forty-four (44) feet in equal width off the entire west side of Lot Number 93 and nine (9) feet in equal width off the entire east side of Lot Number 94 in GEORGIAN HEIGHTS No. 5, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 27, Page 82, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at the northeasterly corner of said Lot 94, the northwesterly corner of Lot 93 on the southerly right-of-way line of Sullivant Avenue (60 feet wide right-of-way);
Thence North 87° 44' 00" East 44.00 feet, along said right-of-way line to a point;
Thence South 02° 16' 00" East 100.00 feet, crossing said Lot 93, being 44.00 feet easterly from and parallel to the westerly line of said Lot 93, to a point;
Thence South 87° 44' 00" West 53.00 feet, along the southerly line of said Lots 93 and 94, to a point;
Thence North 02° 16' 00" West 100.00 feet, crossing said Lot 94, being 9.00 feet westerly from and parallel to the easterly line of said Lot 94, to a point on the southerly right-of-way line of Sullivant Avenue;
Thence North 87° 44' 00" East 9.00 feet, along said right-of-way line, to the Point of Beginning, containing 0.122 acres of land, more or less, subject to any easements, restrictions or right-of-ways of previous record.
NOTE: Bearings are referenced to the recorded plat of GEORGIAN HEIGHTS No. 5 in Plat Book 27, Page 82.
The above description was prepared by Site Engineering, Inc. from available records.
To Rezone From: R-4, 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 text titled, "LIMITATION OVERLAY TEXT DEVELOPMENT PLAN," signed by Tony K Xenikis, Applicant, and dated June 20, 2003, and the text reading as follows:
LIMITATION OVERLAY TEXT DEVELOPMENT PLAN
PROPOSED DISTRICT: L-C-4, COMMERCIAL DEVELOPMENT
PROPERTY ADDRESS: 4209 SULLIVANT AVENUE (43228)
OWNER: TONY K. XENIKIS
APPLICANT: TONY K. XENIKIS
DATE OF TEXT: JUNE 20, 2003
APPLICATION # Z03-022
1. INTRODUCTION: The subject property consists of 0.25 +/- acre of land located on the south side of Sullivant Avenue between Georgesville Road and Dixie Court and is more particularly identified in the legal description submitted as part of the Rezoning Application ("Property"). The existing zoning is R-4, Residential District. The property to the west of this lot is zoned C-4 and the property across the street to the north is Commercial ( bowling alley ) in Franklin Township. The property to the east of this lot is zoned R-4 and the property to the south is R-2. In order to exclude offensive uses that are permitted in theC-4 district, it is necessary that this limitation text be applied to this Rezoning Application.
2. PERMITTED USES: The permitted uses shall be limited to those uses defined by Chapter 3356, C-4 REGIONAL SCALE COMMERCIAL DISTRICT, excluding the following uses:
Amusement Arcade
Automotive and Light Truck Dealers
Automotive Sales, Leasing and Rental
Bars, Cabarets, Nightclubs, Taverns
Billboards
Check Cashing and Loans
Community Food Pantry
Drive-In-Motion Picture Theaters
Electric Substations
Farm Equipment and Supply Stores
Hospitals
Hotels & Motels
Lawn and Garden Equipment and Supplies Stores
Limousine and Taxi Service
Missions/Temporary Shelters
Motorcycle, Boat, and Other Motor Vehicle Dealers
Motor Vehicle Accessories and Parts Dealers
Outdoor Power Equipment Stores
Pawn Brokers
Performing Arts, Spectator Sports, and Related Industries
Recreational Vehicle Dealers
Tattoo Parlor
Theaters, Dance Companies and Dinner Theaters
3. DEVELOPMENT STANDARDS: unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in the Columbus City Code as applicable to the Chapter 3356 C-4 REGIONAL SCALE COMMERCIAL DISTRICT.
A. Density, Height, Lot and / or Setback Commitments:
* The maximum building height of any structure shall not exceed 35 feet.
B. Access, Loading, Parking, and / or other Traffic Related Commitment:
* All circulation, curb cuts, and access points shall be regulated by the Division of Transportation.
C. Buffering, Landscaping, Open space and / or Screening Commitment:
* A six foot privacy fence that separates the subject property from the property to the immediate south and the immediate east shall be maintained in good repair. The existing privacy fence on the east side of the property shall be extended the length of the proposed parking area.
* Landscaping shall be completed with grass along the perimeter of Sullivant Avenue. Street trees shall be planted within the required setback along Sullivant Avenue to include 2 shade trees at a minimum 2 1/2" caliper. A continuous row of shrubbery shall be planted along the parking lot area facing Sullivant Avenue.
D. Building design and / or Interior-Exterior Treatment Commitments: N/A
E. Dumpsters, Lighting, Outdoor Display Areas and / or Other Environmental Commitments:
* All waste and refuse shall be contained and fully screened from view by a solid wall or fence to a minimum height of six feet.
* Parking lot lighting shall be no higher than 14 feet.
F. Graphics and Signage Commitment:
* All signage and graphics shall conform to the City of Columbus Graphic code. Any variances to these requirements will be submitted to the Columbus Graphics
Commission for consideration.
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.