Explanation
APPLICANT: 4799 Sawmill Road LLC, c/o Gary B. Gitlitz; Atty; 5003 Horizons Drive, Suite 200; Columbus, OH 43235.
PROPOSED USE: Rezoning to allow a restaurant with indoor and outdoor seating.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on March 11, 2010.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow for indoor seating in a former drive-through restaurant. The CPD Text and Plan provide for use restrictions and limitations on vehicular access. Signage commitments made in Z92-016 are maintained. The proposed CPD is consistent with the development and zoning patterns of the area.
Title
To rezone 4799 SAWMILL ROAD (43232), being 0.32± acres located at the northwest corner of Bethel and Sawmill Roads, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z09-039)
Body
WHEREAS, application #Z09-039 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.32± acres from the CPD, Commercial Planned Development District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has centrally located bike racks for employees or visitors that ride their bike by choice or because of limited alternatives; and
WHEREAS, the City Departments recommend approval because the requested CPD, Commercial Planned Development District would allow for indoor seating in a former drive-through restaurant. The CPD Text and Plan provide for use limitations and limitations on vehicular access. Signage commitments made in Z92-016 are maintained. The proposed CPD is consistent with the development and zoning patterns 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:
4799 SAWMILL ROAD (43232), being 0.4± acres located at the northwest corner of Bethel and Sawmill Roads, and being more particularly described as follows:
Situated in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands, in the Township of Perry, County of Franklin, State of Ohio, and being a portion of a 9.859 acre tract of land conveyed to Sawmill, Ltd., by deed of record in Deed Book 3106, Page 298, Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at a railroad spike at the intersection of the centerline of Bethel Road (80 feet wide) with the Quarter Township Line between Quarter Township 3 and Quarter Township 4, said spike being at the Southeast corner of said 9.859 acre tract and said spike also being N. 68° 19' 56" W., a distance of 20.00 feet from the P.K. Nail at the intersection of the centerline of Bethel Road with the centerline of Sawmill Road (70 feet wide);
Thence N. 88° 19' 56" W., along the centerline of Bethel Road and along a portion of the South line of said 9.859 acre tract, a distance of 160.00 feet to a railroad spike;
Thence N. 1° 59' 04" E., parallel with said Quarter Township Line and parallel with the East line of said 9.859 acre tract, a distance of 200.00 feet to an iron pin (passing an iron pin in the North right-of-way line of Bethel Road at 50.00 feet);
Thence S. 88° 19' 56" E., parallel with the centerline of Bethel Road and parallel with the South line of said 9.859 acre tract, a distance of 160.00 feet to a point in said Quarter Township Line and in the East line of said 9.859 acre tract (passing an iron pin in the West right-of-way line of Sawmill Road at 150.00 feet), said point being N. 88° 19' 56" W., a distance of 20.00 feet from a railroad spike in the centerline of Sawmill Road;
Thence S. 1° 59' 04" W., along said Quarter Township Line and along a portion of the East line of said 9.859 acre tract, a distance of 200.00 feet to the place of beginning, containing .735 acres, more or less. Subject, however, to all legal highways, easements and restrictions of record.
EXCEPTING THEREFROM THE FOLLOWING:
Situated in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands, in the City of Columbus, County of Franklin, State of Ohio, and further described as follows:
Beginning at a P.K. Nail at the intersection of the centerline of Bethel Road with the section line, 20 feet West of the centerline of Sawmill Road;
Thence North 88° 19' 56" West, with the centerline of said Bethel Road, a distance of 160.00 feet;
Thence North 1° 59' 04" East, passing an iron pin on the present right-of-way line at 50.0 feet, a distance of 60.00 feet;
Thence South 88° 19' 56" East, parallel with the centerline of Bethel Road, a distance of 130.00 feet to the new Westerly right-of-way line of Sawmill Road;
Thence North 1° 59' 04" East, with said new Westerly right-of-way line and parallel with the centerline of said Sawmill Road, a distance of 140.00 feet;
Thence South 88° 19' 56" East, passing an iron pin on the original right-of-way line of 20.00 feet, a distance of 30.00 feet to the section line, 20 feet West of the centerline of Sawmill Road;
Thence South 1° 59' 04" West, with said section line, 20 feet West of Sawmill Road, a distance of 200.00 feet to the point of beginning on the centerline of Bethel Road.
Containing 0.317 acres, more or less.
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 changes on the said original zoning map in the office of the Department of Building and Zoning Services 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, "PROPOSED REDEVELOPMENT AT 4799 SAWMILL ROAD," and text titled, "ZONING TEXT FOR 4799 SAWMILL ROAD Z09-039 PLANNED COMMERCIAL DEVELOPMENT CPD DISTRICT" both signed by Gary B. Gitlitz, Attorney for the Applicant, and dated May 2, 2010, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Plan Development
PROPERTY ADDRESS: 4799 Sawmill Road
OWNERS: 4799 Sawmill Road, LLC
APPLICANT: 4799 Sawmill Road, LLC
DATE OF TEXT: May 2, 2010
APPLICATION NO.: Z09-039
Permitted Uses. The permitted uses proposed for this CPD is a restaurant with a single drive-thru, interior dining and outdoor patio dining area or other permitted use under Chapter 3357, C-4 Commercial of the Columbus City Code.
Development Standards. Unless otherwise indicated on submitted Site Plan or in the written text, the applicable development standards should be those standards contained in Chapter 3357, C-4 Commercial of the Columbus City Code.
Site Plan. The property shall be developed in accordance with the submitted Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Adjustments to the Site Plan shall be reviewed and may be approved by the Director of Building and Zoning Services, or it's designee, upon submission of the appropriate data regarding the proposed adjustment. The general layout and site concept shall, however, conform to the Site Plan.
Easements. The Property owner will grant an easement acceptable to the City of Columbus for the placement and maintenance of an existing traffic control box at the northwest corner of Bethel and Sawmill Road, said easement shall contain a provision for it to be extinguished in the event the traffic control box is removed or relocated.
Requested Variance. The Columbus Thoroughfare Plan requires a dedication of five (5) feet of additional right-of-way along Sawmill Road. The Property owner will dedicate an additional three (3) feet of right-of-way and are requesting a variance of two (2) feet from said Columbus Thoroughfare Plan requirement.
Graphics. The two (2) existing ground mounted site sign locations shall be reused per the Site Plan. The ground mounted signs shall be replaced with new signs 12'-0" wide and 5'-6' high, 15'-0" maximum height and 66 square feet maximum per face of graphics area. The building shall have a fascia sign of four feet (4') high and eight feet (8') wide, mounted with the top at sixteen feet-two inches (16'-2") above finished floor on the South building face. The building shall have a fascia sign on the East and West faces as shown on the attached Site Plan. There will be no billboards, changeable copy print (reader board) or off-premise graphics permitted on the subject property.
Building Lighting. To be at existing locations as shown on Site Plan. All external lighting shall be cut-off fixtures designed to prevent off-site spillage. All light poles and standards shall be constructed of black, brown or bronze metal and shall not exceed 35 feet in height. Accent lighting shall be permitted provided the light source is concealed.
Existing Adjacent Land Uses. The property to the northeast is developed as a strip shopping center, the property to the southeast are developed as a gas station (Shell Oil and BP). The property to the south is developed as a CVS pharmacy and the property to the west is developed as a strip retail shopping center.
Transportation and Circulation. The existing curb cut and on Sawmill Road will be deleted and all access from the north shall be by easement through the contiguous shopping center. The existing right in - right out curb cut on Bethel Road will remain. The internal circulation patterns are shown on the submitted Site Plan.
Emissions. Emissions shall be no greater than generated by the previous use as a double drive-thru Rally's. No adverse effects from omissions shall result from the proposed development.
Behavioral Patterns. The site cannot be expanded due to the surrounding development and roadway improvements. The proposed use would serve the existing surrounding residential community as well as the motorists moving through the area.
Dumpster Enclosure. The dumpster shall be screened on three sides with a wood fence 6 feet in height and have wooden gates on the forth side. The enclosure shall be screened, manual opening for access.
Bike Racks. A bike rack shall be installed at the location on the north side of the structure as shown on the Site Plan.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.