Explanation
Rezoning Application Z16-012
APPLICANT: Mark Bush, Capital Growth - Buchalter, c/o Travis Munn; 2800 South 11th Street; Kalamazoo, Michigan 49009.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 12, 2016.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a car wash and is zoned in the C-5, Commercial District. The requested CPD, Commercial Planned Development District, would permit commercial redevelopment in accordance with a site plan and elevation drawings. While the intended development is a Dollar General retail store, the proposal permits most C-4, Commercial District uses. The site lies within the Community Commercial Overlay and within the boundaries of the Greater Hilltop Plan (2010) which recommends mixed uses and compliance with the commercial overlay standards. The proposal includes variances to interior parking lot landscaping and to the commercial overlay’s setback, building design, landscaping and screening standards. Although the proposal does not incorporate all of the commercial overlay standards, the Planning Division has determined that the proposed alternative design and commitment to a site plan and building elevation drawings is sufficient to warrant support. There is a practical difficulty in complying with some of the standards due to the configuration of the parcel with substantial frontage along Sullivant Avenue and a shallower depth.
Title
To rezone 3561 SULLIVANT AVENUE (43204), being 0.79± acres located at the southeast corner of Sullivant Avenue and Kingsford Road, From: C-5, Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z16-012).
Body
WHEREAS, application No. Z16-012 is on file with the Department of Building and Zoning Services requesting rezoning of 0.79± acres from C-5, Commercial 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 the redevelopment of a car wash site with an appropriate range of commercial uses in a new commercial building in substantial conformance with the Community Commercial Overlay standards as recommended by the Greater Hilltop Plan; 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:
3561 SULLIVANT AVENUE (43204), being 0.79± acres located at the southeast corner of Sullivant Avenue and Kingsford Road, and being more particularly described as follows:
SITUATED IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN AND STATE OF OHIO:
BEING 0.793 ACRE OUT OF RESERVE "A" OF WESTGATE TERRACE AS THE PLAT OF SAME IS SHOWN OF RECORD IN PLAT BOOK 29, PAGE 41. RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN IN THE SOUTHERLY LINE OF SULLIVANT AVENUE AND AT THE NORTHEASTERLY-CORNER OF SAID RESERVE "A": THENCE ALONG THE EASTERLY LINE OF SAID RESERVE "A" SOUTH 03 DEG. 58' WEST, 150.09 FEET TO AD IRON PIN; THENCE ACROSS SAID RESERVE "A", SOUTH 87 DEG. 43' 40" WEST (BEING PARALLEL TO AND 150 FEET SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF RESERVE "A"), 235.26 FEET TO AN IRON PIN IN THE EASTERLY RIGHT OF WAY LINE OF RELOCATED KINGSFORD ROAD, BEING ALSO THE EASTERLY LINE OF THE 0.205 ACRE TRACT CONVEYED TO THE CITY OF COLUMBUS BY DEED OF RECORD IN DEED BOOK 3140, PAGE 671; THENCE ALONG SAID RIGHT OF WAY LINE, BEING THE ARC OF A CURVE TO THE LEFT (RADIUS = 380.0 FEET, SUB-DELTA = 17 DEG. 06' 40"), THE CHORD OF WHICH BEARS NORTH 06 DEG. 17' 04" EAST, A CHORD DISTANCE OF 113.00 FEET TO AN IRON PIN AT THE POINT OF TANGENCY OF SAID CURVE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID RELOCATED KINGSFORD ROAD, NORTH 02 DEG. 16' 20" WEST 10.10 FEET TO AN IRON PIN AT THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE (RADIUS = 20.0 FEET, DELTA = 90 DEG. 00'), THE CHORD OF WHICH BEARS NORTH 42 DEG. 43'40" EAST, A CHORD DISTANCE OF 28.28 FEET TO AN IRON PIN AT THE POINT OF TANGENCY OF SAID CURVE IN A NORTHERLY LINE OF RESERVE "A", BEING ALSO THE NORTHEASTERLY CORNER OF THE CITY OF COLUMBUS 0.205 ACRE TRACT; THENCE ALONG THENORTHERLY LINE OF SAID RESERVE "A", NORTH 87 DEG. 43' 40" EAST 214.04 FEET TO THE PLACE OF BEGINNING.
LESS AND EXCEPT THAT PORTION OF LAND RECORDED 03/04/2002 IN INSTRUMENT NO. 200203040056392 OF THE FRANKLIN COUNTY RECORDS.
SITUATED IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO, AND BEING A PART OF RESERVE "A" OF THE WESTGATE TERRACE SUBDIVISION IN PLAT BOOK 29, PAGE 41, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF RESERVE "A" AS SHOWN IN THE ABOVE MENTIONED PLAT, BEING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF SULLIVANT AVENUE AND THE EASTERLY PROPERTY LINE OF RESERVE "A" AND 40.11 FEET RIGHT OF STATION 52-45.34 IN THE CONSTRUCTION CENTERLINE OF SULLIVANT AVENUE AS SHOWN ON THE PLANS FOR DEMOREST ROAD/SULLIVANT AVENUE IMPROVEMENT AND BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN CONVEYED; THENCE ALONG SAID PROPERTY LINE SOUTH 2° 49' 28” WEST A DISTANCE OF 1.91 FEET TO A POINT ON THE PROPOSED RIGHT-OF-WAY, SAID POINT BEING 40.41 FEET RIGHT OF STATION 52+45.13 ON SAID CENTERLINE OF SULLIVANT AVENUE; THENCE ALONG SAID PROPOSED RIGHT-OF-WAY SOUTH 86° 35' 07" WEST A DISTANCE OF 223.10 FEET TO A POINT ON THE EXISTING WESTERLY PROPERTY LINE, SAID POINT BEING 42.00 FEET RIGHT OF STATION 50-20.03 ON SAID CENTERLINE OF SULLIVANT AVENUE; THENCE ALONG SAID PROPERTY LINE WITH AN ARC TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, HAVING A CENTRAL ANGLE OF 25° 08' 59", AND A CHORD BEARING NORTH 74° 00' 39" EAST A DISTANCE OF 8.71 FEET TO A POINT, SAID POINT BEING 40.11 FEET RIGHT OF STATION 50-30.53 ON SAID CENTERLINE OF SULLIVANT AVENUE; THENCE ALONG SAID PROPERTY LINE NORTH 86° 35' 07" EAST A DISTANCE OF 214.81 FEET TO THE TRUE POINT OF BEGINNING.
To Rezone From: C-5, 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 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, “SITE LAYOUT PLAN DG,” dated April 4, 2016, and “EXTERIOR ELEVATIONS”, and text titled, “CPD TEXT,” both dated May 12, 2016, all signed by James D. Haenszel, Owner, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 3561 Sullivant Ave
CURRENT OWNER: James D. Haenszel
APPLICANT: MARK BUSH, CAPITAL GROWTH-BUCHALTER
DATE OF TEXT: May 12, 2016
APPLICATION:
1. INTRODUCTION: The site is located at the southeast corner of Sullivant Avenue and Kingsford Road. There is an existing building which fronts Sullivant Ave on the property. The site is zoned C-5 and is in the Community Commercial Overlay District. We are proposing a CPD with C-4 uses for a retail development.
2. PERMITTED USES: Those uses permitted in Chapter 3356 of C-4, Commercial of the Columbus City Code, except the following uses, which shall be prohibited: bars, cabarets, nightclubs, blood/organ banks, check cashing/loans, mission/temporary shelters, pawn brokers, used merchandise stores, preforming arts, spectator sports and related industries, theaters, dance companies and dinner theaters, and halfway houses.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this text the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements
1. Building setback line along Sullivant Avenue shall be placed at 25 feet with up to 35% of the building frontage up to 8 feet in advance of the building setback line as shown on the Site Plan.
B. Access, Loading, Parking and/or Traffic Related Commitments
All circulation, curb cuts and access points are as shown on the Site Plan, and are subject to the approval of the Department of Public Service, Division of Traffic Management.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments
1. Street trees shall be planted along public street frontages at one tree per 125 lineal feet of frontage subject to the review and approval of the City Forester.
D. Building Design and/or Interior-Exterior Treatment Commitments:
1. The width of the principal building along Sullivant Avenue shall be a minimum of 30% of the lot width.
2. The building shall be designed in accordance with the attached elevations.
E. Dumpster, Lighting, Outdoor Display Areas and/or Other Environmental Commitments:
Dumpster shall be screened on three sides to the height of the dumpster with a gate on the fourth side and shall have a 0’ setback from the side lot line perpendicular to Kingsford Road and a 5’ minimum setback from the side lot line perpendicular to Sullivant Ave.
F. Graphics
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 District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous
1. Variances.
The subject site located at the southeast corner of Sullivant Ave. and Kingsford Rd. consist of 0.782 acres. The small size of the lot, the requirements of the Community Commercial Overlay (CCO), and being adjacent to a one-way street create unique hardships for this property. As a result, this property does not lend itself the ability to comply with the requirements of the zoning district and the CCO and still meet the needs of development, thus resulting in the need for variances. Therefore, the variances listed below are needed to allow for the site to be developed, provide access and maneuvering of cars/delivery trucks all while still meeting all other aspects of the zoning and CCO requirements.
a) Section 3372.704(A) Building Setback: to reduce the building setback line along Sullivant Avenue for up to 35% of the building frontage from 5 feet to 8 feet in advance of the building setback line.
b) Section 3372.704(C) Building Setback: The setback for a building or structure from an interior lot line shall be a maximum of 135 feet instead of 50 feet at the front building line.
c) Section 3372.705(B) Building Design Standards: to reduce the width of the principal building along the primary building frontage (Sullivant Ave.) from 60% of the lot width to a minimum of 35%.
d) Section 3372.707 (A) Landscaping and Screening: To reduce the minimum number of shade trees required by planting one tree per 125 lineal feet instead of one tree per 50 lineal feet of frontage.
e) Section 3312.21 (a) Interior Landscaping. To reduce the minimum landscape island square footage requirement per tree from 145 to 136 square feet per tree.
2. Site Plan. The subject site shall be developed in accordance with the site plan. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments of the Site Plan shall be subject to review and may be approved by the Director of the Department of Building and Zoning Services, or designee, upon submission of the appropriate data regarding the proposed adjustment.
3. Building Elevation. The building shall be developed in accordance with the building elevation drawings. The building elevation may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments of the building elevation shall be subject to review and may be approved by the Director of the Department of Building and Zoning Services, or designee, upon submission of the appropriate data regarding the proposed adjustment. Signage shown on the elevation drawings is conceptual and shall comply with 3.F. above.
4. CPD Criteria.
a) Natural Environment, The site is currently developed with a single building.
b) Activities. The proposed development will provide commercial options for the surrounding commercial and residential neighborhoods.
c) Behavior Patterns. Existing development on the site has established vehicular and pedestrian patterns for the area. Existing development has pedestrian sidewalk and has access onto Kingsford and Sullivant in the same locations as the proposed development.
d) Circulation. The site will have access to Sullivant Ave and Kingsford Rd.
e) Form of the Environment. The site is subject to the Community Commercial Overlay which contains building design requirements.
f) Emission. The site will not have negative effects on emission levels of light, sound, smell and dust.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.