Explanation
REZONING APPLICATION: Z04-017
APPLICANT: Zorin Properties, LLC; c/o Robert N. Shamansky, Agent.; 88 East Broad Street, Suite 900; Columbus, Ohio 43215.
PROPOSED USE: Restaurant with drive-thru, office, and warehouse uses.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 13, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District to develop a restaurant with a drive-thru and L-M-2, Limited Manufacturing District for office and warehouse storage is consistent with land use recommendations of the Trisouth Neighborhood Plan (2003). The CPD text for Sub Area "A" restricts site use to a restaurant with a drive-thru and includes development standards for site access, screening, sidewalks, and lighting and graphics restrictions. The L-M-2 limitation text for Sub Area "B" eliminates less objectionable manufacturing uses allowed by the current L-M-2 zoning (Z89-116) and permits office and warehouse development. The Sub Area "B" limitation text includes development standards similar to those established in Sub Area "A" and in consideration of adjacent single-family uses, provides 25-foot wide fenced and landscaped setbacks opposite single-family dwellings, restricts maximum building height to 35 feet, maximum size of warehouses to 4,999 square feet and prohibits loading docks for warehouses.
Title
To rezone 2476 LOCKBOURNE ROAD (43207), being 4.53± acres located on the east side of Lockbourne Road, 440± feet south of State Route 104, From: L-M-2, Limited Manufacturing District, To: CPD, Commercial Planned Development District and L-M-2, Limited Manufacturing District (Z04-017).
Body
WHEREAS, application #Z04-017 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.53± acres from L-M-2, Limited Manufacturing District, to CPD, Commercial Planned Development and L-M-2, Limited Manufacturing Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because the requested CPD, Commercial Planned Development District to develop a restaurant with a drive-thru and L-M-2, Limited Manufacturing District for office and warehouse storage is consistent with land use recommendations of the Trisouth Neighborhood Plan (2003). The CPD text for Sub Area "A" restricts site use to a restaurant with a drive-thru and includes development standards for site access, screening, sidewalks, and lighting and graphics restrictions. The L-M-2 limitation text for Sub Area "B" eliminates less objectionable manufacturing uses allowed by the current L-M-2 zoning (Z89-116) and permits office and warehouse development. The Sub Area "B" limitation text includes development standards similar to those established in Sub Area "A" and in consideration of adjacent single-family uses, provides 25-foot wide fenced and landscaped setbacks opposite single-family dwellings, restricts maximum building height to 35-feet, maximum size of warehouses to 4,999 square feet and prohibits loading docks for warehouses, 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:
To rezone 2476 LOCKBOURNE ROAD (43207), being 4.53± acres located on the east side of Lockbourne Road, 440± feet south of State Route 104, and being more particularly described as follows:
SUB AREA A: DESCRIPTION OF 1.060± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Township of Marion, being a part of Section 2, Township 4, Range 22, Congress Lands, and part of 4.151 acres of land more or less as conveyed by deed to Robert M. Shamansky in O.R. 09744 J 18 (all references to deed and plat books refer to the records in the recorder's office of Franklin County, Ohio), said 4.151 acre tract of land being more particularly described as follows:
Commencing at a railroad spike found at the intersection of Koebel Road (40' R/W) and Lockbourne Road (R/W varies),
thence, N 03 º53' 29" E, a distance of 378.26 feet along the centerline of Lockbourne road to a PK nail set at a southwesterly corner of said 4.151 acre tract, said PK nail also being the northwest corner of a 0.441 acre tract as recorded in O.R. 33071 G 18 and also being the True Point of Beginning of this description,
thence, N 03º 53' 29" E, a distance of 115.26 feet along said centerline and westerly line of said 4.151 acre tract to a PK nail set at the northwest corner of said 4.151 acre tract and southwest corner of a 2.433 acre tract as recorded in instrument 200003220055966,
thence, S 85º 54' 57" E, a distance of 400 feet along a northerly line of said 4.151 acre tract and south line of said 2.433 acre tract, to a ¾" iron pipe set,
thence, S 03º 53' 29" E, a distance of 115.61 feet with a new line through said 4.151 acre tract to a ¾" iron pin set,
thence, N 85º 51' 57" W, a distance of 400.00 feet with a new line and through the said 4.151 acre tract, returning to the True Place of Beginning and containing 1.060 acres more or less, however, subject to all legal easements and rights-of-way on record.
This description was prepared from records on file at the Recorder's Office of Franklin County, Ohio and from an actual field survey performed on November 18th - 20th of 2003.
Basis of bearings: centerline of Lockbourne Road as being N 03º 53' 29" E, and being based on the Ohio State Plane Coordinate System, south zone and North American Datum of 1983 (1986) and from a centerline survey performed by the Franklin County Engineers Office date 10/15/2003.
Iron pins set are 5/8" rebar 30" long and are capped E.Z. 8067.
To Rezone From: L-M-2, Limited Manufacturing District,
To: CPD, Commercial Planned Development District.
SUB AREA B: DESCRIPTION OF 3.468± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Township of Marion, being a part of Section 2, Township 4, Range 22, Congress Lands, and containing 4.151 acres of land more or less as conveyed by deed to Robert M. Shamansky in O.R. 09744 J 18 and a 0.38 acre tract conveyed to said Shamansky in O.R. 27925 G 02 (all references to deed and plat books refer to the records in the recorder's office of Franklin County, Ohio), said 3.468 acre tract of land being more particularly described as follows:
Commencing at a railroad spike found at the intersection of Koebel Road (40' R/W) and Lockbourne Road (R/W varies) and being,
thence, N 03º 53' 29" E, a distance of 378.26 feet along the centerline of Lockbourne Road, to a PK nail set at a southwesterly corner of said 4.151 acre tract, said PK nail also being the northwest corner of a 0.441 acre tract as recorded in O.R. 33071 G 18 A,
thence, N 0º 53' 29" E, a distance of 115.26 feet along said centerline and westerly line of said 4.151 acre tract, to a PK nail set at the northwest corner of said 4.151 acre tract and southwest corner of a 2.433 acre tract as recorded in Instrument 200003220055966,
thence, S 85º 54' 57" E, a distance of 400.00 feet along a northerly line of said 4.151 acre tract and south line of said 2.433 acre tract, to a ¾" iron pipe set, also being the True Point of Beginning for this description,
thence, S 85º 54' 57" E, a distance of 509.65 feet along a northerly line of said 4.151 acre tract and south line of said 2.433 acre tract, to a ¾" iron pipe found on a westerly line of Walnut Springs Subdivision as recorded in P.B. 33, Pg. 74,
thence, S 03º 48' 24" W, a distance of 240.05 feet along a easterly line of said 4.151 acre tract and westerly line of said Walnut Springs Subdivision to a 1" iron pipe found at the southeast corner of said 4.151 acre tract as recorded in D.V. 3686, Pg. 713,
thence, N 85º 51' 57" W, a distance of 276.87 feet along a southerly line of said 4.151 acre tract, to an iron pin set, said pin also being the northeast corner of said Shamansky 0.38 acre tract,
thence, S 03º 40' 37" W, a distance of 234.65 feet along the east line of said 0.38 acre tract to an iron pipe set, said pipe being on the R-O-W of Koebel Road,
thence, N 85º 49' 53" W, a distance of 70.00 feet with the said R-O-W to a set iron pipe, said pipe being on the southwest corner of said 0.38 acre tract,
thence, N 03º 40' 37" E, a distance of 234.61 feet with the west line of said 0.38 acres to an iron pin on the south side of said original 4.151 acre tract,
thence, N 85º 51' 57" W, a distance of 262.69 feet along the said south line to a set iron pipe on the west line of said 4.151 acre tract,
thence, N 03º 41' 03" E, a distance of 124.00 feet along a westerly line of said 4.151 acre tract, to an iron pin set at a southwesterly corner of said 4.151 acre tract and northeast corner of said 0.441 acre tract,
thence, N 85º 51' 57" E, a distance of 100.00 feet with a new line through said 4.151 acre tract to a set iron pin,
thence, N 03º 53' 29" E, a distance of 115.61 feet with a new line through said 4.151 acre tract, returning to the True Point of Beginning of the description and containing 3.468 acres more or less, however, subject to all legal easements and rights-of-way on record.
This description was prepared from records on file at the Recorder's Office of Franklin County, Ohio and from an actual field survey performed on November 18th - 20th of 2003.
Basis of bearings: centerline of Lockbourne Road as being N 03º 53' 29" E, and being based on the Ohio State Plane Coordinate System, south zone and North American Datum of 1983 (1986) and from a centerline survey performed by the Franklin County Engineers Office date 10/15/2003.
Iron pins set are 5/8" rebar 30" long and are capped E.Z. 8067.
To Rezone From: L-M-2, Limited Manufacturing District,
To: L-M-2, Limited Manufacturing District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District and L-M-2, Limited Manufacturing 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 and L-M-2, Limited Manufacturing Districts and Application among the records of the Building Services Division as required by Sections 3311.12 and 3370.03, respectively, of the Columbus City Codes; said site plan being titled "SUB AREA A, DAIRY QUEEN CPD SITE PLAN," and texts being titled "SUB AREA A - LOCKBOURNE ROAD CPD TEXT" and "SUB AREA B - L-M-2, LIMITED MANUFACTURING DISTRICT TEXT," all dated May 17, 2004 and all signed by Robert N. Shamansky, Agent for the Applicant, and the texts reading as follows:
SUB AREA A, DAIRY QUEEN CPD SITE PLAN
PROPOSED DISTRICT: CPD.
PROPERTY ADDRESS: 2476 Lockbourne Road.
OWNER: Robert N. Shamansky.
APPLICANT: Zorin Properties, LLC.
DATE OF TEXT: 05/17/04.
APPLICATION NUMBER: Z04-017.
1. INTRODUCTION: The subject property was rezoned to the L-M-2, Limited Manufacturing District in 1990 (Z89-116; ORD750-90) as part of a 13.98± acre site to permit those M-2 uses contained in C.C. 3367.01 through 3367.08, with the exception of certain prohibited uses. The applicant wants to rezone Sub Area "A," a 1.059± acre portion of that site fronting on Lockbourne Road to the CPD, Commercial Planned Development District to develop a restaurant with a drive-thru.
2. PERMITTED USES: A restaurant with a drive-thru, as permitted in Section 3356.03, C-4 permitted uses.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4 Regional Scale Commercial District.
A. Density, Height, Lot and/or Setback commitments.
1. Front yard minimum building setback shall be 50 feet.
2. Front yard minimum parking setback shall be 25 feet.
3. Parking and maneuvering setbacks along the north, south and east property lines shall be as shown on the CPD site plan titled "SUB AREA A, DAIRY QUEEN CPD SITE PLAN," signed May 17, 2004 by Robert N. Shamansky, Agent for the Applicant.
4. The maximum lot coverage for buildings and paved areas shall be 85%.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. The site shall be developed in general conformance with the site plan titled "SUB AREA A, DAIRY QUEEN CPD SITE PLAN," signed by Robert N. Shamansky, Attorney for the Applicant. All circulation, curb cuts and access provided shall be subject to final approval of the City of Columbus Transportation Division at the time of zoning clearance.
2. There shall be no motor vehicle access from Sub Area "A" to Sub Area "B."
3. The applicant shall provide a concrete sidewalk along Lockbourne Road frontage designed to Transportation Division standards and a four (4) foot wide concrete sidewalk to provide a pedestrian connection from Sub Area "A" to Sub Area "B."
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Landscaping between the Lockbourne Road right-of-way line and the 25-foot parking setback line shall consist of mounding and Compact Winged Euonymus (N=22) north of the entry drive; and mounding, Compact Winged Euonymus (N=19), and a Sentinel Crabapple tree (N=1) south of the entry drive, as depicted on the CPD site plan.
2. Landscaping east of the 25 foot Lockbourne Road parking setback line shall consist of grass. Landscaping along the south property line shall meet the requirements of C.C. 3342 so long as the property to the south is residentially zoned or used. At such time as property south of Sub Area "A" is no longer residentially zoned or used, landscaped or other headlight screening a minimum of thirty (30) inches in height may be provided as measured from the elevation of the nearest adjacent paved area.
3. All paved areas adjacent to Lockbourne Road shall have headlight screening consisting of mounding and/or landscaping a minimum of thirty (30) inches in height parallel to such road frontage as measured from the elevation of the nearest adjacent paved parking area.
4. Landscaping along the east property line shall consist of grass and such other landscaping vegetation and materials as may be desired.
5. Trees within Sub Area "A" shall meet the following minimum standards at time of installation: Deciduous Trees, 2.5" Caliper; Ornamental Trees, 1.75" Caliper; and Evergreen Trees, 5' Height. Caliper shall be measured 6" above grade.
6. All trees and landscaping shall be well maintained. Dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
D. Building design and/or Interior-Exterior treatment commitments.
1. Rooftop Mechanicals Screening: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing materials that are comparable and compatible to building materials used for the restaurant.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All dumpsters shall be screened on four sides to a minimum height of six feet utilizing materials that are comparable and compatible to building materials used for the restaurant.
2. Lighting in parking areas shall be the cutoff variety on poles not exceeding 18 feet in height. Lighting in maneuvering or loading areas shall be either to the above parking area standard or shall be wall mounted and of cutoff or down light design. All exterior lighting shall be designed or constructed so that glare into residential areas is avoided.
3. All exterior lighting fixtures shall be the same or similar manufacturer's type to insure aesthetic compatibility.
4. Any accent lighting shall be directed toward the building signage or landscaping and shall not interfere with neighborhood uses or right-a-way traffic.
F. Graphics and Signage commitments.
All signage shall conform to Article 15, Title 33, of the Columbus City Code, as applied to the C-4, Commercial District. Any variance from these requirements will be submitted to the City of Columbus graphics commission for consideration.
G. CPD Criteria
1. Natural Environment. Sub Area "A" is developed with a single-family dwelling and garage.
2. Existing Land Uses. A single-family dwelling and undeveloped land, both zoned in the L-M-2, Limited Manufacturing District, are located to the north and east, respectively. A single-family dwelling zoned in the R-2, Residential District is located to the south. A church zoned in the R-2, Residential District is located to the west across Lockbourne Road.
3. Transportation and Circulation. Access to the site shall be via Lockbourne Road.
4. Visual Form of the Development. The site shall be developed in accordance with the CPD text and site plan.
5. View and Visibility. In the development of the subject property, location of the buildings and access points, consideration has been given to the visibility and safety of motorists and pedestrians.
6. Proposed Development. Restaurant with drive-thru as permitted under this CPD text and site plan.
7. Emissions. No adverse affects from emissions shall result from the proposed development.
8. Behavior Patterns. The proposed development would serve the growing Columbus residential population as well as the motorists who use Lockbourne Road to get to their place of employment.
H. Miscellaneous commitments.
1. A park fee for the total development site of 4.56± acres (Sub Areas "A" and "B") shall be due to the City of Columbus prior to issuance of zoning clearance for either sub area.
2. Prior to submitting an application for zoning clearance to develop Sub Area "A" the applicant shall obtain a lot split for the 1.059± acre site.
3. Variance(s) Requested
a. A variance to C.C. 3342.07 is requested to eliminate the requirement for an exclusive bypass lane with a minimum width of ten (10) feet designed to allow vehicles to bypass the stacking lane.
b. A variance to C.C. 3342.28 is requested to reduce the required number of on-site parking spaces from 45 to 35 spaces.
4. The site plan titled "SUB AREA A, DAIRY QUEEN CPD SITE PLAN," dated May 17, 2004 and signed by Robert N. Shamansky, Attorney for the Applicant may be slightly adjusted to reflect engineering, topographical, or other site data, developed at the time development or when engineering plans are completed. Any slight adjustments to the site plan or building elevations shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment.
SUB AREA B - L-M-2, LIMITED MANUFACTURING DISTRICT TEXT
PROPOSED DISTRICT: L-M-2.
PROPERTY ADDRESS: 2476 Lockbourne Road.
OWNER: Robert N. Shamansky.
APPLICANT: Zorin Properties, LLC.
DATE OF TEXT: 05/17/04.
APPLICATION NUMBER: Z03-017.
1. INTRODUCTION: The subject property was rezoned to the L-M-2, Limited Manufacturing District in 1990 (Z89-116; ORD750-90) as part of a 13.98± acre site to permit those M-2 uses contained in C.C. 3367.01 through 3367.08, with the exception of certain prohibited uses. The applicant wants to rezone Sub Area "B"," a 3.47± acre portion of that site located east of Sub Area "A" and having access to Koebel Road, to the L-M-2, Limited Manufacturing District to develop office and storage uses.
2. PERMITTED USES: All types of offices per C.C. 3367.01, warehouse or storage in bulk as permitted per C.C. 3367.02(b) except that storage of fuel and soil stabilizer shall be prohibited. All less objectionable uses permitted in C.C. 3367.03 through 3367.08, telecommunication antennas permitted in C.C. 3367.085, and storage permitted in C.C. 3367.29 shall be prohibited. The open or unenclosed storage of materials or equipment is prohibited.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3367, M-2 Manufacturing District.
A. Density, Height, Lot and/or Setback commitments.
1. A minimum 25-foot landscaped parking and maneuvering setback/buffer zone shall be established along the east and south property lines, and along that portion of the west property line that is contiguous to residentially zoned or used property.
2. A minimum 10-foot landscaped parking and maneuvering setback shall be established along the north property line.
3. The maximum square footage of any warehouse building shall be 4,999 square feet.
4. Warehouses shall not have loading docks.
5. The maximum lot coverage for buildings and paved areas shall be 85%.
6. The maximum absolute height for all buildings shall be 35 feet.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. All circulation, curb cuts and access provided to Koebel Road or Lockbourne Road shall be subject to final approval of the City of Columbus Transportation Division at the time of zoning clearance.
2. There shall be no motor vehicle access from Sub Area "B" to Sub Area "A."
3. The applicant shall provide a concrete sidewalk along Koebel Road frontage designed to Transportation Division standards. Four (4) foot wide concrete sidewalks shall also be installed along one side of the entry drive from Koebel Road, along one side of any driveway designed to provide access to Lockbourne Road, and from Sub Area "B" to Sub Area "A" to provide pedestrian access to the site.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Landscaping along the 70'± wide Koebel Road access drive frontage shall consist of a combination of mounding and landscaping a minimum of 30" in height, and at least one deciduous or ornamental tree on each side of the driveway entrance.
2. Screening east and west of the Koebel Road access driveway corridor shall meet the requirements of C.C. 3342 and provide ornamental trees or evergreens spaced a minimum of 25 feet on center.
3. Landscaping and buffering along the eastern and southern property lines, and along that portion of the western property line that is contiguous to residentially zoned or used property shall consist of a wood privacy fence a minimum of five (5) feet in height along the property line and over-story screening consisting of deciduous trees planted thirty-five (35) feet on center.
4. Landscaping along the north property line shall consist of grass and ornamental trees or evergreens spaced twenty (20) feet on center.
5. Trees within Sub Area "A" shall meet the following minimum standards at time of installation: Deciduous Trees, 2.5" Caliper; Ornamental Trees, 1.75" Caliper; and Evergreen Trees, 5' Height. Caliper shall be measured 6" above grade.
6. All trees and landscaping shall be well maintained. Dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
D. Building design and/or Interior-Exterior treatment commitments.
1. Rooftop Mechanicals Screening: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing materials that are comparable and compatible to building materials used for the restaurant.
2. All buildings exteriors shall be constructed of wood, brick, real or synthetic stone, real or synthetic stucco, glass, vinyl siding, wood shingles, concrete, marble, textured concrete or any combination thereof. Split-faced concrete block shall not be permitted except for foundation work/construction.
3. All buildings shall have pitched roofs to a minimum 6:12 ratio.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All dumpsters shall be screened on four sides to a minimum height of six feet utilizing materials that are comparable and compatible to building materials used for associated buildings.
2. Lighting in parking areas shall be the cutoff variety on poles not exceeding 18 feet in height, except that lighting located within 100 feet of residentially zoned or used property shall not exceed 14 feet in height. Lighting in maneuvering or loading areas shall be either to the above parking area standard or shall be wall mounted and of cutoff or down light design. All exterior lighting shall be designed or constructed so that glare into residential areas is avoided.
3. All exterior lighting fixtures shall be the same or similar manufacturer's type to insure aesthetic compatibility.
4. Any accent lighting shall be directed toward the building signage or landscaping and shall not interfere with neighborhood uses or right-a-way traffic.
F. Graphics and Signage commitments.
All signage shall conform to Article 15, Title 33, of the Columbus City Code, as applied to the M-2, Manufacturing District. Any variance from these requirements will be submitted to the City of Columbus graphics commission for consideration.
H. Miscellaneous commitments.
1. A park fee for the total development site of 4.53± acres (Sub Areas "A" and "B") shall be due to the City of Columbus prior to issuance of zoning clearance for either sub area.
2. Prior to submitting an application for zoning clearance to develop Sub Area "A" the applicant must have obtained a lot split to establish Sub Area "A" (1.059± acres) and Sub Area "B" (3.47± acres) as separate parcels.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.