Explanation
Rezoning Application Z14-013
APPLICANT: Buckeye Express Wash, LLC; c/o Dave Perry, Agent; David Perry Co., Inc.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald Plank, Attorney; Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Automatic car wash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 8, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is undeveloped and zoned in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District will allow development of the site with an automatic car wash. The site is located within the planning area of the Far North Plan (1994), which does not have a specific land use recommendation for this area. The CPD text includes permitted uses and commits to a site plan and landscaping. Variances to district setback lines and drive-up stacking area are also included. With the proposed development standards, the request is consistent with the zoning and established development patterns of the area.
Title
To rezone 8402 NORTH HIGH STREET (43235), being 1.4± acres located on the east side of North High Street, 600± feet south of Lazelle Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z14-013).
Body
WHEREAS, application #Z14-013 is on file with the Department of Building and Zoning Services requesting rezoning of 1.4± 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 City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District is consistent with the established zoning and development patterns of the area; 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 begin construction as soon as possible 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:
8402 NORTH HIGH STREET (43235), being 1.4± acres located on the east side of North High Street, 600± feet south of Lazelle Road, and being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 2, Township 2, Range 18, United States Military Lands, being part of a 1.442 acre tract conveyed to Fairway Acquisitions, LLC in Instrument Number 201109010109902, Parcel II, all references are to the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at a set iron pin in the south line of Lazelle Road as delineated on Lazelle Road, Lazelle Road East, North High Street and Dillmont Drive Dedication and Easements as recorded in Plat Book 64, Page 6,at the northeast corner of a 1.225 acre tract conveyed to Portsmouth Road Properties, LLC in Instrument Number 200811130165636 and the northwest corner of a 10.174 acre tract conveyed to Fairway Acquisitions, LLC in Instrument Number 201109010109902, Parcel I;
Thence along the east line of said 1.225 acre tract and part of the west line of said 10.174 acre tract, South 01 degree 47 minutes 51 seconds West, 160.32 feet to a found Mag nail at the southeast corner of said 1.225 acre tract and the northeast corner of said 1.442 acre tract, being the True Point of Beginning of the parcel herein intended to be described;
Thence continuing along part of the west line of said 10.174 acre tract and along the east line of said 1.442 acre tract the following three (3) courses:
1. South 01 degree 47 minutes 51 seconds West, 69.45 feet to a set Mag nail at a point of curvature;
2. along a curve to the left having a radius of 305.00 feet, a central angle of 18 degrees 19 minutes 22 seconds, an arc length of 97.54 feet, South 07 degrees 21 minutes 50 seconds East, 97.12 feet to a set Mag nail at a point of reverse curvature;
3. along a curve to the right having a radius of 280.00 feet, a central angle of 09 degrees 58 minutes 36 seconds, an arc length of 48.76 feet, South 11 degrees 32 minutes 13 seconds East, 48.69 feet to a set Mag nail at the southeast corner of said 1.442 acre tract and the northeast corner of a 0.921 acre tract conveyed to NP 1947 LLC in Instrument Number 201011300162210;
Thence along part of the south line of said 1.442 acre tract and part of the north line of said 0.921 acre tract, North 86 degrees 48 minutes 33 seconds West, 302.79 feet to a set iron pin at the southeast corner of a 0.038 acre tract conveyed to City of Columbus, Ohio in Instrument Number 201309090152097;
Thence across part of said 1.442 acre tract and along the east line of said 0.038 acre tract the following three (3) courses:
1. North 03 degrees 05 minutes 25 seconds West, 103.54 feet to a set iron pin;
2. North 06 degrees 29 minutes 10 seconds East, 75.05 feet to a set iron pin;
3. North 02 degrees 55 minutes 20 seconds West, 27.31 feet to a set iron pin at the northeast corner of said 0.038 acre tract;
Thence, across part of said 1.442 acre tract and along the north line of said 0.038 acre tract, North 86 degrees 55 minutes 09 seconds West, 16.50 feet to a set iron pin in the west line of said 1.442 acre tract at the northwest corner of said 0.038 acre tract;
Thence along part of the west line of said 1.442 acre tract, North 02 degrees 58 minutes 19 seconds West, 7.07 feet to a set iron pin at the northwest corner of said 1.442 acre tract and the southwest corner of a 0.080 acre tract conveyed to City of Columbus, Ohio in Instrument Number 200004070067843;
Thence along the north line of said 1.442 acre tract and along the south line of said 0.080 acre tract and part of the south line of said 1.225 acre tract, South 86 degrees 48 minutes 33 seconds East, 298.12 feet to the True Point of Beginning, containing 1.404 acres. Subject however to all legal easements, restrictions and rights of way of record and of records in the respective utility offices.
Iron pins set are 5/8" rebar, 30" long, with a yellow plastic cap inscribed "EP Ferris Surveyor 8230". The bearings in this description are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (CORS96). The bearings originated from a field traverse which was tied to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The north line of the 1.442 acre tract conveyed to Fairway Acquisitions LLC in Instrument Number 201109010109902 having a bearing of South 86 degrees 08 minutes 12 seconds East is designated the basis of bearings for this description. This description is based on a field survey by E.P. Ferris and Associates in July 2011 and February, 2014.
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 plan being titled, "ZONING SITE PLAN, 8402 N. HIGH STREET" and text titled, "CPD, COMMERCIAL PLANNED DEVELOPMENT," signed by Dave Perry, Agent for the applicant, and Donald Plank, Attorney for the Applicant, dated Mary 12, 2014, and the text reading as follows:
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.404 +/- ACRES
EXISTING ZONING: CPD, Commercial Planned Development
PROPOSED ZONING: CPD, Commercial Planned Development
PROPERTY ADDRESS: 8402 N. High Street, Columbus, OH 43235
APPLICANT: Buckeye Express Wash LLC c/o Dave Perry, Agent, David Perry Company, Inc., 145 East Rich Street, FL 3, Columbus, OH 43215 and Donald Plank, Attorney, Plank Law Firm, 145 East Rich Street, FL 3, Columbus, OH 43215.
DATE OF TEXT: May 12, 2014
APPLICATION NUMBER: Z14-013
1. INTRODUCTION: The 1.404 +/- acre site is located on the east side of N. High Street, 140 +/- feet north of Dillmont Drive. The site is presently zoned CPD, Commercial Planned Development. The current CPD zoning permits all C-4 uses. Applicant proposes to rezone the site to build an automatic car wash. The site plan titled "Zoning Site Plan, 8402 N High Street" dated May 12, 2014, hereinafter "Site Plan", is submitted as the development plan for the automatic car wash. Applicant intends to split the 1.404 +/- acres from the shopping center parcel to establish the 1.404 +/- acres as a separate tax parcel.
2. PERMITTED USES: All uses of Chapter 3356, C-4, Commercial District, and an automatic car wash.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Site Plan, which shall only be applicable for development of a car wash, or in this written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Commercial District, of the Columbus City Code.
A). Density, Height, Lot and/or Setback commitments.
Development of the site with a car wash shall be as depicted on the submitted Site Plan. Development standards of the Zoning Code shall apply to use of the property for uses of the C-4 District.
B.) Access, Loading, Parking and/or other Traffic related commitments.
1. Development of the site with a car wash shall be as depicted on the submitted Site Plan. Development standards of the Zoning Code shall apply to use of the property for uses of the C-4 District.
2.Right of way totaling 80 feet from centerline of North High Street shall be provided to the City of Columbus prior to approval of the final Site Compliance Plan for a car wash.
3. Vehicular access shall be from the east side of the site via an access easement that connects Dillmont Drive and Lazelle Road East. There shall be no direct vehicular access to or from North High Street (US 23).
C.) Buffering, Landscaping, Open Space and/or Screening Commitments:
Required landscaping for the car wash shall be as depicted on the Site Plan.
D.) Building design and/or Interior-Exterior treatment commitments: N/A
E.) Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments: N/A
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-5, Commercial District, if the site is developed with a car wash, or the C-4 Commercial District, if developed with a C-4, Commercial District Use. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
G). Other CPD Requirements.
1. Natural Environment: The site is located on the east side of N. High Street, 140 +/- feet north of Dillmont Drive. N. High Street is a major north/south multi-lane arterial right of way. The site is flat and is an outlot to the Parkwick Shopping Center. The North High Street/US 23 corridor is developed with intense commercial uses.
2. Existing Land Use: A commercial building on the site has recently been razed. Adjacent outlots are developed with commercial uses.
3. Circulation: Vehicular access will be from the east side of the site via an access easement that connects Dillmont Drive and Lazelle Road East. There shall be no direct vehicular access to or from North High Street.
4. Visual Form of the Environment: The area surrounding the site is zoned and developed with commercial uses.
5. Visibility: North High Street (US 23) is an arterial right of way. The site will be visible from North High Street.
6. Proposed Development: Automatic car wash.
7. Behavior Patterns: Vehicular access will be from the east side of the site via an access easement that connects Dillmont Drive and Lazelle Road East. There shall be no direct vehicular access to or from North High Street.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
H). Modification of Code Standards.
1.Section 3356.11, C-4 District Setback Lines, to reduce the North High Street building setback line from 80 feet to 25 +/- feet for the car wash pay station(s) and from 80 feet to 60 feet for vacuum equipment, as depicted on the site plan.
2.Section 3312.11, Drive-up Stacking Area, to not require a by-pass lane for the car wash
I.) Miscellaneous commitments.
1. Development of the site with an automatic car wash shall be in accordance with the site plan titled "Zoning Site Plan, 8402 N High Street" dated and signed May 12, 2014 by David B. Perry, Agent, and Donald Plank, Attorney. The 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 the Plan shall be reviewed and may be approved by the Director of the Department of Development 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. 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.