Explanation
Rezoning Application Z12-069
APPLICANT: MAMJ Enterprises, LLC; c/o (Mike) Muhanad Abulaban; P.O. Box 3416; Dublin, OH 43016.
PROPOSED USE: Expand allowable commercial uses for an existing car wash development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on February 14, 2013.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will permit a range of commercial uses on a site that is currently limited to a car wash and automotive repair on this major commercial thoroughfare. The CPD text includes appropriate use restrictions which will ensure compatibility with the surrounding development. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010) which recommends community commercial uses for this location. The requested CPD, Commercial Planned Development District is consistent with the zoning and development pattern of the area.
Title
To rezone 620 GEORGESVILLE ROAD (43228), being 0.72± acres located at the southeast corner of Georgesville Road and Atlanta Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning # Z12-069).
Body
WHEREAS, application #Z12-069 is on file with the Building and Zoning Services Department requesting rezoning of 0.72± 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, 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 CPD, Commercial Planned Development District will permit a range of commercial uses on a site that is currently limited to a car wash and automotive repair on this major commercial thoroughfare. The CPD text includes appropriate use restrictions which will ensure compatibility with the surrounding development. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010) which recommends community commercial uses for this location. The requested CPD, Commercial Planned Development District is consistent with the zoning and development pattern 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:
620 GEORGESVILLE ROAD (43228), being 0.72± acres located at the southeast corner of Georgesville Road and Atlanta Drive, and being more particularly described as follows:
Being Reserve "B" of GEORGIAN HEIGHTS NO.5, as the said reserve is lettered and delineated on the recorded plat thereof, of record in Plat Book 27, Page 82, Recorder's Office, Franklin County, Ohio.
Beginning at an iron pin at the southwest 'corner of said Reserve "B" and in the east line of Georgesville Road (75 feet wide) as the said corner is located in the above mentioned plat; thence South 81 degrees 43 min. East along the south line of said Reserve "B" and the north line of Lot No. 31 a distance of 169.00 feet to a point at the southeast corner of said Reserve "B" and the northeast corner of said Lot No. 31 (passing an iron pin on line at 157.00 feet); thence North 8 degrees 17 min. East along the east line of sai.d Reserve "B" and the west line of Lots Nos. 16, 15, 14 and 13 a distance of 202.94 feet to an iron pin in the south line of Atlanta Drive, (80 feet wide) said iron pin being also the northeast corner of said Reserve "B" and the northwest corner of said Lot No. 13; thence South 87 degrees 44 min. West along the north line of said Reserve "B" and the south line of said Atlanta Drive a distance of 146.97 feet to an iron pin at the beginning of a curve, data of which is: radius -30.00 feet, tangent -24.93 feet, delta 79 degrees 27 min. left, and curve length -41.60 feet, to an iron pin at the end of said curve, said iron pin being in the east line of said Georgesville Road; thence South 8 degrees 17 min. West along the west line of said Reserve "B" and the east line of said Georgesville Road a distance of 146.54 feet to the place of beginning; containing 0.723 acre of land more or less, and. being subject to a utility easement of five feet off the entire east side of said Reserve liB", and to other easements of record, if any, including, however all rights, reversionary or otherwise, in the abutting roads and avenues.
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map 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," and text titled, " COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by Muhanad Abulaban, Applicant, dated February 7, 2013, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 620 Georgesville Road, Columbus, Ohio 43228; .723 + Acres
OWNER: MAMJ Enterprises, LLC. P. O. Box 3416. Dublin, Ohio 43016
APPLICANT: MAMJ Enterprises, LLC, c/o Mike Abulaban, P. O. Box 3416. Dublin, Ohio 43016
DATE OF TEXT: February 7, 2013
APPLICATION #: Z12-069 (12335-00000-00729)
1. INTRODUCTION
The subject property (hereinafter "Site") (Parcel ID# 010-122507) is located on the south-east corner of Atlanta Road and Georgesville Road. The Site is currently owned by MAMJ Enterprises, LLC. MAMJ Enterprises, LLC currently operates the car wash (10 self-serve bays) on the Site. The property was rezoned on February 14, 1994, from L-C-3 to CPD, Commercial Planned Development District, to allow existing car wash plus a retail vehicle repair center uses.
Applicant proposes to rezone the Site to CPD, Commercial Planned Development District to allow C-4, Commercial District uses plus a car wash. The approximate .723 acre site will be developed with (1) an existing carwash and automotive repair center (2) Automotive sales, leasing and rental. This CPD text is submitted in support of the zoning application and is intended to comply with the Greater Hilltop Plan.
This CPD text is submitted with respect to the change of use to the existing building structure, this site plan is compliant with Columbus City Code development standards. Any variances to the City Code requirements are identified in the CPD Text.
2. PERMITTED USES
Those uses permitted under Section 3356.03, C-4 Commercial of the Columbus City Code plus a Car Wash, with the following exclusions:
Animal shelter; Armored car, investigation, guard and security services; Astrology, fortune telling and palm reading; Auto body repair; Blood and organ banks; Bars, Cabarets and nightclubs; Check cashing and loan facilities; Community food pantry; Crematory; Drive-in motion picture theaters; Funeral homes and services; Halfway houses; Missions/temporary shelters; Pawn brokers; Performing arts, spectator sports and related industries; Repossession services; Theaters, dance companies, and dinner theaters; Tire sales/service store.
3. DEVELOPMENT STANDARDS
Unless otherwise indicated in the submitted written text, the applicable development standards shall be those contained in Chapters 3356 (C-4, Commercial District), of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments.
1. The development shall remain as shown on the site plan
B. Access, Loading, parking and/or Other Traffic Related Commitments.
1. Access to and from the Site shall be provided via Atlanta Road and Georgesville Road, as illustrated on the attached Site Plan.
2. Upon redevelopment of this site with any development that includes a bank, daycare, school, restaurant, convenience store, retail uses, pharmacy or grocery store, the access point to Georgesville Road shall become a right-in/right-out access point. For the purposes of this section, "redevelopment" shall be defined as action including both the demolition of a building or a portion of a building and construction of a new building or portion of a building.
C. Buffering, Landscaping, Open space and/or Screening Commitments.
1. The six foot high wood privacy fence along the east property line shall be maintained.
D. Building Design and/or Interior-Exterior Treatment Commitments. N/A
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Outdoor displays for retail uses other than automobile sales shall be limited to the following areas:
a. Outdoor displays shall be permitted on an internal sidewalk and shall be located in a manner that maintains a four (4) foot wide clear walkway for pedestrians at all times.
2. There shall be no exterior sound system either portable or permanent on this property that can be heard from the single-unit subdivision east of this site.
F. Graphics and 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, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The Site shall be developed in accordance with the site plan and details. The plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
H. Other CPD Requirements.
1. Natural Environment: The property consists of .723 acres located on the east side of Georgesville Road and south of Atlanta Drive. Existing commercial is in existence on the south and north sides of the development with residential to the east.
2. Existing Land Use: The site is currently being utilized as a ten bay car wash with an equipment room.
3. Circulation: The site is currently being serviced by a curb cut on Georgesville Road and an additional curb cut on Atlanta Drive. Access will be in accordance with a curb cut on Atlanta Drive and Georgesville Road as set forth in the site plan.
4. Visual Form of the Environment: The existing structure of the property will remain the same.
5. Visibility: The Site is visible from the street along both Georgesville Road and Atlanta Drive; Applicant believes that the proposed improvements will enhance the site and that the site has been utilized in a very safe and effective manner.
6. Proposed Development: The proposed development is an existing car wash plus C-4, Commercial District uses.
7. Behavior Patterns: This property is currently being operated without adverse effect to its neighbors. The area is primarily commercial except for a residential area to the east which is currently screened by a wooden fence. The proposed changes will not significantly alter the behavior patterns which currently occur on the site and will significantly enhance an independent effort that has not occasioned problems in relationship to its neighbors.
8. Emissions: There will be no additional emissions of sound, odor or dust of any kind in excess of that which currently occurs on site. The site will be fully supervised and therefore only authorized activities will occur and then in an effective and lawful manner.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.