Explanation
Rezoning Application # Z06-046
APPLICANT: Tim Hortons; c/o Kristin E. Rosan, Atty.; Madison & Rosan LLP; 1031 East Broad Street; Columbus, OH 43205.
PROPOSED USE: Restaurant with drive-thru.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on August 10, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit the development of a restaurant with a drive-thru, and a drive-up ATM machine. The CPD text includes appropriate use restrictions and applicable Northland Development Standards that address building and parking setbacks, sidewalks, landscaping, and lighting to be consistent with the established development pattern of the area.
Title
To rezone 955 EAST DUBLIN-GRANVILLE ROAD (43229), being 1.02± acres located at the southwest corner of East Dublin-Granville Road and North Meadows Boulevard, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-046)
Body
WHEREAS, application #Z06-046 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.02± 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to finalize the acquisition of the property for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District would permit the development of a restaurant with a drive-thru, and a drive-up ATM machine. The CPD text includes appropriate use restrictions and applicable Northland Development Standards that address building and parking setbacks, sidewalks, landscaping, and lighting to be consistent with the established development pattern 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:
955 EAST DUBLIN-GRANVILLE ROAD (43229), being 1.02± acres located at the southwest corner of East Dublin-Granville Road and North Meadows Boulevard, and being more particularly described as follows:
955 East Dublin-Granville Road
PID: 010-109408
Tract I:
Situated in the State of Ohio County of Franklin, City of Columbus, Quarter Township 4, Township 2 Range 18, United States Military lands, being part of 5.302 acres out of that 6.570 acre tract conveyed to North Meadows Associates, by deed of record in Official Record Volume 6710F04. Bounded and Described as follows:
Commencing at a magnetic nail set at the intersection of the Southerly right of way of Dublin-Granville road, so called, also known as State Route 161, so called, and the Easterly line of Indianola Acres, a subdivision of record in Plat Book 21, Page 24.
Thence South 83 degrees 19 minutes 46 seconds east along the Southerly right of way of Dublin-Granville Road, a distance of 240.09 feet to a magnetic nail set, said point also being the true point of beginning.
Thence continuing South 83 degrees 19 minutes 46 seconds east along said line, a distance of 48.02 fee to a point, from said point an iron pipe can be found 0.02 feet South and 0.21 feet East.
Thence South 04 degrees 58 minutes 15 seconds West, a distance of 164.33 feet to a magnetic nail set.
Thence South 74 degrees 39 minutes 12 seconds East, a distance of 62.94 feet to a magnetic nail set.
Thence South 85 degrees 01 minutes 45 seconds East, a distance of 103.20 feet to an iron bar found on the Westerly right of way of North Meadows Boulevard, so called.
Thence traversing a curve to the left along the Westerly right of way of North Meadows Boulevard, said curve having a central angle of 06 degrees 05 minutes 53 seconds, a radius of 330.00 feet, a tangent of 17.58 feet, a chord bearing of South 00 degrees 31 minutes 10 seconds West, and a chord length of 35.11 feet, a distance of 35.12 feet to a magnetic nail set.
Thence North 85 degrees 01 minutes 45 seconds West, a distance of 215.83 feet to a magnetic nail set.
Thence North 04 degrees 58 minutes 45 seconds West, a distance of 215.83 feet to a magnetic nail set.
Continuing 16,311.46 square feet or 0.374 acres subject to all easements of record or now in use.
Bearing used herein are based on a centerline bearing South 04 degrees, 58 minutes, 15 seconds West for the centerline of North Meadows Boulevard as recorded on Dedication of North Meadows Blvd., State Route 161, Hillery Road and Utility Easements, Franklin County Plat Book 34, Page 5.
All ½" galvanized steel pipe sets are marked with a cap bearing company name and P.S. 7476.
The above description is based on a field survey performed by Matthew D. Lewandowski, State of Ohio P.S. No. 7476, on June 13, 2002.
Tract II:
Being a portion of a 5.158 acres tract of land convoyed to Walmar Corporation by Deed recorded in Deed Volume 2334 at Page 103, and being a portion of the 30.8188 acres conveyed to Walmar Corporation as found in Deed Volume 2334 at Page 100, and being a portion of that certain land described in the Assignment of Lease as re-recorded on April 8th, 198 I as found in Franklin County Recorder's Official Record 00745, page B 16, said land being bounded and more particularly described as follows:
Commence as a point of beginning with a 3/4 inch diameter iron pipe set at the northeasterly corner of the herein described premises, which pipe is on the south right of way line of State Route # 161 (Dublin-Granville Road) and on the westerly right of way line of North Meadows Boulevard which was dedicated as a 60.00 feet wide public road and recorded in Plat Volume 34 at Page 5;
Thence S 04° 58' 15" W along the westerly right of way line of North Meadows Boulevard a distance of 158.180 feet to a 3/4 inch diameter iron pipe found at the point of curvature (P.C.) of said roadway right of way boundary;
Thence continuing along said westerly right of way line, following the arc of a curve to the left, (radius of 330.00 feet), S 03° 24' 05" W 8.076 feet to a point, no marker set, but is positioned N 03° 24' 05" E 10.00 feet from a 1/2 inch diameter iron pipe set;
Thence N 85° 01' 45" W 103.318 feet to a point, no marker set;
Thence N 74° 39' 12" W 62.937 feet to a point, no marker set;
Thence N 04° 58' 15" E 164.368 feet to a point on the southerly right of way line of State Route # 161, no marker set, but is positioned S 83° 19' 46" E 10.004 feet from a 3/4 inch diameter iron pipe set;
Thence with aforesaid right of way line, S 83° 19' 46" E 87.226 feet to a 3/4 inch diameter iron pipe set;
Thence again with said right of way line, S 79° 59' 37" E 78.110 feet to the true point of beginning, continuing 0.6442 acres of land.
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 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, "SITE DIMENSION PLAN FOR TIM DONUT U.S. LIMITED, INC.," and text titled, " COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by Kristin E. Rosan, Attorney for the Applicant, dated August 30, 2006, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPERTY ADDRESS: 955 East Dublin Granville (43229)
EXISTING DISTRICT: CPD (Z02-076)
OWNER: BP Products North America, Inc.
APPLICANT: Tim Hortons
DATE OF TEXT: 8/30/06
APPLICATION NUMBER: Z06-046
I. INTRODUCTION: The property is located at the south west corner of East Dublin Granville Road and North Meadows Blvd. This property was zoned CPD to permit gas sales, a convenience store with a restaurant. Because the existing zoning will not permit development in a manner different from the existing CPD, it must be rezoned CPD to permit development for a restaurant, drive-thru and a free standing ATM drive-thru. The CPD zoning will also ensure appropriate development standards for the Property.
II. PERMITTED USES:
A. A restaurant with a drive-thru and a freestanding ATM with a drive-thru shall be permitted on the Property.
III. DEVELOPMENT STANDARDS: Unless otherwise indicated in this Commercial Planned Development Text, the development standards contained in Columbus City Code Chapter 3355 for C-4, Commercial District, shall apply to the Property.
A. Density, Height, Lot and/or Setback commitments.
1. The restaurant with drive-thru and free standing drive-thru ATM shall be located in the areas designated on the Site Plan dated August 30, 2006 (the "Site Plan"), submitted with this CPD Text.
2. The parking, building and drive aisle setbacks established along and adjacent to the arterial streets shall have setbacks as shown on the Site Plan.
3. Height district shall be thirty-five feet as measured per Columbus City Code with an absolute height of 35-feet.
4. Building and pavement lot coverage shall not exceed eighty five percent (85%) of the parcel.
B. Access, Parking and/or other Traffic related commitments.
1. If required by the City of Columbus, the Site Plan will be modified to accommodate for the proposed realignment of North Meadows Boulevard with Busch Boulevard.
2. Unless otherwise approved by the Transportation Division, the curb cuts shall be located as shown on the Site Plan.
3. A Sidewalk shall be installed in the right of way of North Meadows Boulevard along the East Property line. Another sidewalk will be constructed in the right of way of the Dublin Granville Road Service Road along the North Property line with a connection for pedestrians to cross from Dublin Granville Road to the Service Road.
4. A Pedestrian access point will be constructed from the sidewalk along the North Property line to the site, as shown on the Site Plan, allowing pedestrians access to the front door of the restaurant.
5. Major driving aisles and curb lanes within parking areas will be defined with raised-curb islands, dividers, or medians and planted and maintained with trees or other landscaping to increase the visibility of the island, divider or median.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. The Property shall be landscaped as shown on the Site Plan. Such screening shall not obstruct the vision of cars entering or exiting the site.
2. Headlights of cars shall be screened from adjacent property and streets. Such will be accomplished by the use of shrubs and landscaped mounding. The height of screening shall be thirty (30) inches.
3. One (1) tree shall be provided for every ten (10) parking spaces. Tree species shall be selected and planted in a manner that does not obstruct motorist vision.
4. One (1) tree shall be planted for every forty (40) feet of frontage. Trees may be grouped or spaced and shall be at least ten (10) feet from the right-of-way.
5. Minimum deciduous tree diameter shall be two (2) inches. Tree trunk diameters shall be measured at four (4) feet from grade. Evergreen trees shall be at least five (5) feet high and shall equate to the minimum, deciduous tree size. Frontage trees shall be at least three (3) inches in diameter.
6. Landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials at the next planting season or within sixty (60) days, weather permitting.
D. Building design and/or Interior-Exterior treatment commitments.
1. The building(s) shall have the same or similar exterior finishes as set forth on the Exterior Finish Schedule on the Site Plan.
2. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same material utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical and all other equipment on the ground shall be fully screened from view by wall, fence or landscape material utilizing the same material or character of the building.
3. Building illumination shall be permitted provided such light source is concealed.
4. All buildings shall be finished utilizing the same materials and/or colors on all sides of the exterior.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external outdoor lighting shall be cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Light poles in the parking lots shall not exceed twenty eight (28) feet in height from grade.
4. Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
5. Landscaping at entries to parking lots and buildings may be uplighted by ground mounted concealed fixtures, so long as the lighting does not interfere with the visibility of motorists.
6. As required by Columbus City Code 3342.09, dumpsters shall be screened from view on all sides, to an opacity of one (100) percent. Three of the sides shall be screened with a minimum six (6) foot high wood fence with a gate on the 4th side, as shown on the Site Plan.
7. All electrical wiring on the site shall be placed underground.
F. Graphics and Signage commitments.
1. The site will have one free-standing sign.
2. All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code as they apply to C-4, Commercial District. Any variance to the sign requirements will be submitted to the Columbus Graphics Commission.
3. There will be no billboards on the subject site.
4. There will be no off-premises signs.
G. Miscellaneous Commitments.
1. Site Plan Revision Allowance. The Property shall be developed in accordance with the Site Plan revised August 30, 2006; however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department of Development or the Director's designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
2. Deviations from Standard Development Requirements.
a. Parking. This text and Site Plan provide for a total of 35 parking spaces, a reduction of 4 spaces from the 39 spaces required for a gross building area of 2878 sq. feet.
IV. CPD REQUIREMENTS.
A. Natural Environment: The Property is a developed lot located near along a state highway and near a major interstate. The surrounding are is developed with commercial uses and covered with impervious surfaces.
B. Existing Land Use: Vacant land.
C. Transportation and Circulation: The Property will have one curb cut onto the Dublin Granville Road service drive and one curb cut onto North Meadows Boulevard.
D. Visual Form of the Environment: The Property is adjacent to a strip shopping center and across the street from a hotel and large restaurant.
E. View and Visibility: The Property is visible from Dublin Granville Road.
F. Proposed Development: A restaurant with drive-thru and a free standing ATM with drive-thru.
G. Behavior Patterns: The Property will serve existing traffic traveling on Dublin Granville road for other retail shopping needs as well as travelers using Interstate 71.
H. Emissions: No adverse effect from emissions shall result from the proposed development.
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.