Explanation
REZONING APPLICATION: Z03-098
APPLICANT: DCD Development; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Carwash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on January 8, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will allow the applicant to develop a carwash on an out parcel currently zoned for commercial use. The proposed use is consistent with zoning and development patterns in this area. The CPD text includes customary use restrictions and development standards that address maximum lot coverage, height district, site access, street trees, headlight screening, interior lot line landscaping, lighting and graphics restrictions, and a variance to reduce required stacking spaces from 18 to 15 spaces.
Title
To rezone 1944 HILLIARD-ROME ROAD (43228), being 0.62± acres acres located on the east side of Hilliard-Rome Road, 175± feet south of Tanglewood Park Boulevard, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declar an emergency (Z03-098).
Body
WHEREAS, application #Z03-098 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.62± acres, From: L-C-4, Limited Commercial District, To: 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the requested CPD, Commercial Planned Development District will allow the applicant to develop a carwash on an out parcel currently zoned for commercial use. The proposed use is consistent with zoning and development patterns in this area. The CPD text includes customary use restrictions and development standards that address maximum lot coverage, height district, site access, street trees, headlight screening, interior lot line landscaping, lighting and graphics restrictions, and a variance to reduce required stacking spaces from 18 to 15 spaces; 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:
To rezone 1944 HILLIARD-ROME ROAD (43228), being 0.62± acres located on the east side of Hilliard-Rome Road, 175± feet south of Tanglewood Park Boulevard, and being more particularly described as follows:
DESCRIPTION OF 0.619 ACRES
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 7065 and being part of the 4.693 acre tract conveyed Continental/HR Inc. by deed of record in Instrument No. 200304170112366, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning for Reference, at a PK nail found marking the centerline intersection of Hilliard Rome Road and Tanglewood Park Boulevard;
Thence South 10° 50' 40" East, a distance of 18.00 feet, along said centerline of Hilliard Rome Road, to a point;
Thence North 79° 09' 20" East, a distance of 60.00 feet, across said Hilliard Rome Road right-of-way, to an iron pin set in the easterly right-of-way line of said Hilliard Rome Road at the northwesterly corner of said 4.693 acre tract;
Thence South 10° 50' 40" East, a distance of 167.49 feet, along said easterly right-of-way line of Hilliard Rome Road and westerly line of said 4.693 acre tract, to an iron pin set. Said iron pin being the True Point of Beginning of the herein described tract:
Thence North 79° 09' 20" East, a distance of 250.65 feet, across said 4.693 acre tract, to an iron pin set in the easterly line of said 4.693 acre tract;
Thence South 04° 57' 17" East, a distance of 110.59 feet, along said easterly line of 4.693 acre tract, to an iron pin set;
Thence South 79° 09' 20" West, a distance of 239.30 feet, across said 4.693 acre tract, to an iron pin set in the aforesaid easterly right-of-way line of Hilliard Rome Road and westerly line of said 4.693 acre tract;
Thence North 10° 50' 40" West, a distance of 110.00 feet, along said easterly right-of-way line of Hilliard Rome Road and westerly line of said 4.693 acre tract, to the True Point of Beginning. Containing 0.619 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings in the above description are based on the same meridian as the bearings found on the plat entitled "Tanglewood Park Boulevard and Westchester Wood Boulevard Dedication and Easements" of record in Plat Book 75, Page 55, in which the centerline of a portion of Hilliard Rome Road has a bearing of North 10° 38' 56" West.
To Rezone From: L-C-4, Limited Commercial 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 CPD site plan being titled "ZONING CLEARANCE SITE PLAN"and dated January 15, 2004, and text titled "COMMERCIAL PLANNED DEVELOPMENT TEXT" and dated December 30, 2004, both signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 1944 Hilliard-Rome Road
OWNER: Halle Properties, LLC
APPLICANT: DSD Development
DATE OF TEXT: 12/30/03
APPLICATION NUMBER: Z03-098
1. INTRODUCTION: The subject property was rezoned for commercial development in late 2002. The applicant wants to add automatic car wash to the list of permitted uses.
2. PERMITTED USES: Those uses contained in Sections 3356.03 (C-4) and automatic car wash. The following uses shall be excluded:
Billiard hall, Book bindery, Bus or truck terminal, Off-premise graphics (billboards), Testing or experimental laboratory and Used automobile lot (unless part of a new car automobile dealership).
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text the , applicable development standards shall be those standards contained in Chapter 3356 (C-4), Commercial of the Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
1. Front yard minimum setback for:
a) Buildings: 60 feet
b) Vacuum Cleaners for automatic car wash: 42 feet
c) Parking and Maneuvering: 25 feet
2. Height district shall be thirty-five (35) feet as measured per Columbus.
3. The maximum lot coverage for the site shall be 85%.
B. Access, Loading, Parking and/or other Traffic related commitments.
All circulation, curb cut and access provided shall be subject to the approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Street trees shall be planted at 40' on center on the subject property between Hilliard-Rome Road and the parking setback.
2. All trees and landscaping shall be well maintained. Dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
3. Additional buffering shall be provided along the north, east and west sides of the subject site in a minimum five foot wide strip, consisting of either ornamental trees measuring 1.75" caliper at time of installation and planted fifteen (15) feet on center, or a continuous hedge measuring a minimum of thirty (30) inches in height. Breaks in the western buffer shall be provided in order to facilitate the ingress/egress of traffic.
4. All paved areas adjacent to Hilliard-Rome Road shall have headlight screening of minimum thirty (30) inches height parallel to such road frontage as measured from the elevation of the nearest adjacent paved area consisting of mounding and/or landscaping.
5. All trees within the sub area shall met the following minimum standards at the time of installation:
Deciduous Trees: 2.5" Caliper;
Ornamental Trees: 1.75" to 2.0" Caliper;
Evergreen Trees: 5' Height
D. Building design and/or Interior-Exterior treatment commitments.
1. Rooftop Mechanicals Screening: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All dumpsters shall be screened on four sides with either a wood fence or a wall gates to a height of six feet.
2. Lighting in parking areas shall be the cutoff variety on poles not exceeding 28 feet in height, except that decorative and pedestrian lighting not more than 10 feet high does not have to be the cutoff variety. Lighting in maneuvering or loading areas shall be either to the above parking area standard or shall be wall mounted and of cutoff or down light design. All exterior lighting shall be designed or constructed so that glare into residential areas is avoided.
F. Graphics and Signage commitments.
All graphics on the subject property shall comply with the Graphics Code (Article Fifteen of Title Thirty-Three of the Columbus City Codes) as it applies to the respective uses developed on the subject property except to the extent that variances are granted in accordance with said Graphics Code by the Columbus Graphics Commission.
G. Miscellaneous commitments.
1. A park fee of four hundred dollars per acre is due to the City of Columbus at the time of development.
2. CPD Criteria
a) NATURAL ENVIRONMENT
The site is undeveloped.
b) EXISTING LAND USES
To the north, east, south and west across Hilliard-Rome Road proposed shopping centers and commercial out lots.
c) TRANSPORTATION AND CIRCULATION
Access to the site shall be via Hilliard-Rome Road and an internal drive to the east.
d) VISUAL FORM OF THE DEVELOPMENT
The site shall be developed in accordance with the zoning text.
e) VIEW AND VISIBILITY
In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
f) PROPOSED DEVELOPMENT
Commercial as permitted under this text.
g) EMISSIONS
No adverse affects from emissions shall result from the proposed development.
h) BEHAVIOR PATTERNS
The proposed development would serve the growing Columbus residential population as well as the motorists who use Hilliard-Rome Road to get to their place of employment.
3. Variances Requested
a) To reduce the number of stacked spaces from 18 to 15.
b) To reduce the building setback from Hilliard-Rome Road from 60 to 42 feet for the vacuum cleaners.
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.