Explanation
Rezoning Application Z09-022
APPLICANT: Tansky Sawmill Toyota, Inc; c/o David L. Hodge, Attorney; 37 West Broad Street; Suite 725; Columbus, OH 43215.
PROPOSED USE: Adding a parcel and consolidating zoning standards on the entire site for an existing auto dealership.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0-1) on January 14, 2010.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is made up of multiple tax parcels and subject to five different zoning actions. This rezoning will update the development standards and uses for the site and place all the tax parcels under one zoning. The CPD Text and Plan provide for use restrictions, limitations on vehicular access, landscaping provisions as well as for the removal of the existing billboard. The proposed CPD is consistent with the development and zoning patterns of the area.
Title
To rezone 6350 SAWMILL ROAD (43017), being 4.9± acres located at the southeast corner of West Dublin-Granville Road and Sawmill Road, From: C-3, Commercial, L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development District and to declare an emergency.
(Rezoning # Z09-022).
Body
WHEREAS, application #Z09-022 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.9± acres from the C-3, Commercial, L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts, to the 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 pass this ordinance 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 site is made up of multiple tax parcels and subject to five different zoning actions. The applicant wants to update the development standards and uses for the site and place all the tax parcels under one zoning. The CPD Text and Plan provide for use restrictions, limitations on vehicular access, landscaping provisions as well as for the removal of the existing billboard. 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:
6350 SAWMILL ROAD (43017), being 4.9± acres located at the southeast corner of State Route 161 and Sawmill Road, and being more particularly described as follows:
PROPERTY DESCRIPTION
FEBRUARY 17, 2010
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 2 North, Range 19 West, United States Military Lands and being all of that 0.6530 acre tract described in a deed to N & J Property Investments, LLC in Instrument 200906260092694 and all of that 0.388 acre tract described in a deed to Thomas J. Tansky in Instrument 200701250015249 and all the residual land in that 0.4122 acre tract described in a deed to Tansky's Sawmill Toyota, Inc. of record in O.R.V. 7821 B02 and all the residual land in that 3.072 acre tract described in a deed to Tansky's Sawmill Toyota, Inc. of record in O.R.V. 5354 D04 and being part of that 0.712 acre tract described in a deed to Thomas J. Tansky in Instrument 200701250015252 (all references in this description are to the records in the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, at a monument box found with a 1" epoxy coated rebar, being the intersection of the centerline of construction north of Sawmill Road and the centerline of right-of-way south of Sawmill Road with the centerline of Dublin-Granville Road (S.R. 161) 120' right-of-way;
Thence South 54° 11' 20" East 732.05 feet, along the centerline of Dublin-Granville Road, to the northeasterly corner of said 0.712 acre tract and the northwesterly corner of that 0.706 acre tract described in a deed to BFS Retail & Commercial Operations, LLC in Instrument 200205170124209;
Thence South 26° 09' 13" West 60.86 feet, along the common line between said 0.712 and 0.706 acre tracts, to an iron pin set at the TRUE POINT OF BEGINNING;
Thence South 26° 09' 13" West 251.51 feet, continuing along said common line, to an iron pin set on a northerly line of that 3.996 acre tract described in a deed to Festival Center, LLC in Instrument 200211040278622 and the southeasterly corner of said 0.712 acre tract;
Thence North 54° 15' 47" West 63.08 feet, along the southerly line of said 0.712 acre tract, to a MAG nail set, a northwesterly corner of said 3.996 acre tract and an easterly corner of said 3.072 acre (original) tract;
Thence South 02° 32' 31" West 109.98 feet, along an easterly line of said 3.072 acre tract and a westerly line of said 3.996 acre tract, to an iron pin set at the northeasterly corner of that 1.571 acre tract described in a deed to Johnson Brothers Investment Company, Ltd. of record in O.R.V. 34495 I19;
Thence North 76° 12' 39" West 383.08 feet, along the southerly line of said 3.072 acre tract and the northerly line of said 1.571 acre tract, passing a 3/4" hollow iron pin found at 382.34 feet, to the easterly right-of-way line of Sawmill Road;
Thence North 02° 40' 15" East 537.57 feet, along the easterly right-of-way line of Sawmill Road , being 60 feet easterly from (as measured at right angles) and parallel to the centerline and along westerly lines of said 3.072, 0.4122 and 0.6530 acre tracts, to an iron pin found capped "E.P. Ferris #8230";
Thence North 49° 30' 51" East 34.48 feet, along a line of said 0.6530 acre tract and a line of that 0.411 acre tract described in a deed to the City of Columbus of record in O.R.V. 22189 J06, to an iron pin found capped "E.P.Ferris #8230";
Thence South 54° 11' 20" East 501.40 feet, along the southerly right-of-way line of Dublin-Granville Road, passing an iron pin found capped "RAAB" at 191.40 feet at the northeasterly corner of said 0.6530 acre tract and passing an iron pin found capped "RAAB" at 296.40 feet at the northeasterly corner of said 0.388 acre tract, to an iron pin set on the westerly line of said 0.712 acre tract;
Thence South 54° 11' 20" East 100.00 feet, across said 0.712 acre tract, being 60 feet southerly from (as measured at right angles) and parallel to the centerline of Dublin-Granville Road to the Point of Beginning, containing 4.930 acres of land, more or less, and being subject to any easements, restrictions or right-of-ways of previous record.
Bearings are used for the determination of angles only. For the purpose of this description, a bearing of South 54° 11' 20" East was used on the centerline of Dublin-Granville Road as called for in Instrument 200906260092694. The iron pins set are 5/8" rebars, 30" long with yellow plastic caps stamped "SITE ENG INC."
To Rezone From: C-3, Commercial, L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts,
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 plan being titled, "TANSKY TOYOTA 6300 SAWMILL ROAD COLUMBUS, OH," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated January 29, 2010, and text titled, "CPD TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated March 18, 2010, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 6300 Sawmill Road
OWNER: Tansky Sawmill Toyota Inc. et al.
APPLICANT: Tansky Sawmill Toyota Inc.
DATE OF TEXT: 3/18/10
APPLICATION NUMBER: Z09-022
1. INTRODUCTION: The site is made up of multiple tax parcels and subject to five different zoning actions. The applicant wants to update the development standards and uses for the site and place all the tax parcels under one zoning.
2. PERMITTED USES: Those uses permitted in Chapter 3356 (C-4, Commercial) of the Columbus City Code excepting therefrom the following uses:
bowling alley
cabaret, dance hall
night club
pool room
private club
skating rink
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted site plan or in the text, the applicable development standards are contained in Chapter 3356 (C-4, Commercial) of the Columbus City Code.
A. Density, Lot and/or Setback Commitments.
1. Parking setback shall be 30 feet from Sawmill Road and West Dublin-Granville Road.
2. Building setback shall be 50 feet from Sawmill Road and West Dublin-Granville Road.
3. The northwest corner of the site is currently developed with a retail store. A permitted use may continue to use the existing building and the existing parking spaces. The existing retail store may be expanded up to 19% of its existing square footage without complying with the requirements of the Regional Commercial overlay. Upon demolition of the existing retail building or the automobile dealership building, this site shall be subject to the development standards contained in this text as well as the Regional Commercial Overlay requirements. The rear and side parking requirement of Section 3372.809E shall not apply to the West Dublin-Granville Road frontage as long as the site is used for an automobile dealership or a new user occupies the automobile dealership building(s). If the automobile dealership building(s) are demolished then the rear and side parking requirement of Section 3372.809E shall apply to the site unless a variance request is approved by the Board of Zoning Adjustment.
4. The site is comprised of several different tax parcels which may not be held under the same ownership. If the use is the same, then that use may cross tax parcel lines and the development standards and zoning clearance shall apply to those tax parcels as if the tax parcels have been combined.
5. Lot coverage for structures and paved areas may not exceed 90% of the site excluding any sidewalks.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. There shall be two access points to Sawmill Road and two access points to West Dublin-Granville Road. The site also has access to Martin Road.
2. Upon redevelopment of the southeast corner of Sawmill Road and West Dublin-Granville Road (parcel numbers 590-159007 or 590-159014) the first curbcut east of Sawmill Road on the south side of West Dublin-Granville Road shall be converted to a right in/right out curbcut.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be installed along the street frontages of Sawmill Road and West Dublin-Granville Road on the basis of 1 tree for every 30 feet of street frontage. Trees may be grouped or evenly spaced. Existing street trees may offset all or part of this requirement.
2. Motor vehicle sales, display and inventory areas shall be maintain perennial plantings or a minimum 24 inch high continuous hedge or shrub on any perimeter which faces or abuts a public street.
3. A "Sawmill style fence" (consisting of a 3 rail wood fence) shall be installed within the parking setback along the site's street frontages on Sawmill Road and West Dublin-Granville Road except at access points and where the stone wall is being installed.
4. Notwithstanding the landscaping requirements in this text, upon demolition of the existing retail building at the intersection, the developer shall install a 24 inch stone wall within the parking setback at the intersection of Sawmill Road and West Dublin-Granville Road as shown on the submitted CPD drawing.
5. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
6. All trees shall meet the following minimum size at the time of planting: shade trees 2 ½ in caliper, ornamental trees 1 ½ in caliper and evergreen trees 5 ft. in height. Tree caliper is measured 6 inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
N/A
E. Lighting, Outdoor Display Areas, and/or Environmental Commitments.
1. All external outdoor lighting shall be cutoff fixtures from the same or similar manufacturer. All light poles and standards shall be brown, black or bronze in color and shall not exceed 28 feet in height. No search lights shall be permitted on the site.
F. Graphics and/or 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 these requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The redevelopment of the site shall trigger the installation of sidewalks along the site's frontage on Sawmill Road and West Dublin-Granville Road.
2. Upon redevelopment of the site there shall be a pedestrian connection from the public sidewalk to the front of the building(s).
3. Upon redevelopment of the site a bike rack shall be installed on the site.
4. Within 60 days of the effective date of this zoning ordinance for Z09-022 the applicant shall remove the existing billboard from the site.
5. CPD Criteria
Natural Environment
The site is developed with a series of commercial buildings and parking areas.
Current Land Use
The site contains an automobile dealership and a retail store.
Circulation
The site has access to Sawmill Road, West Dublin-Granville Road and Martin Road.
Proposed Development
Commercial
Behavior Patterns
Existing development in the area has established the behavior pattern for pedestrian and motorists.
Emissions
It is anticipated that this development would not adversely effect adjacent uses in this regard.
II. Variances
1. The approval of this CPD includes a variance to the building setback (Section 3356.11) from 60 to 50 feet.
2. The approval of this CPD allows site to be developed even though the tax parcels are not combined. (Section 3356.09)
3. The approval of this CPD includes a variance to the requirement of locating parking spaces to the rear and side of the building along West Dublin-Granville Road (Section 3372.809E).
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.