Explanation
Rezoning Application Z12-041
APPLICANT: Kahlad Jahshan; c/o Omar Tarazi, Atty.; 5635 Sandbrook Lane; Hilliard, OH 43026.
PROPOSED USE: Limited commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on October 11, 2012.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a two-tenant structure containing a carry-out restaurant and a tire shop zoned in the C-3, Commercial District. The requested L-C-4, Limited Commercial District will secure proper zoning for the tire shop which has been issued a zoning code violation for lack of Certificate of Zoning Clearance. The limitation text includes appropriate use restrictions, screening, and hours of operation which will ensure compatibility with surrounding residential uses. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010) which recommends community commercial uses for this location. The request, with the development standards in the text, is compatible with development in the area.
Title
To rezone 2214 EAKIN ROAD (43223), being 0.4± acres located at the northwest corner of Eakin Road and Whitethorne Avenue, From: C-3, Commercial District, To: L-C-4, Limited Commercial District (Rezoning # Z12-041).
Body
WHEREAS, application #Z12-041 is on file with the Department of Building and Zoning Services requesting rezoning of 0.4± acres from: C-3, Commercial Development District, to L-C-4, Limited Commercial 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 limitation text includes appropriate use restrictions, screening, and hours of operation which will ensure compatibility with surrounding residential uses. The request, with the development standards in the text, is compatible with development in the area; and
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:
2214 EAKIN ROAD (43223), being 0.4± acres located at the northwest corner of Eakin Road and Whitethorne Avenue, and being more particularly described as follows:
EXHIBIT "A"
PARCEL ONE:
Situated in the County of Franklin, State of Ohio and in the City of Columbus:
Being Lots numbered fifty-five (55), fifty-four, (54) and lot numbered fifty-three (53), and five feet easterly side of Lot 52 of the RAINBOW ADDITION, as the same are numbered and delineated upon the record plat thereof, of record in Plat Book 16, Page 63, Recorder's Office, Franklin County, Ohio.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:
Situated in the State of Ohio, County of Franklin, City of Columbus and being all out of
Lot 55 as same is designated and delineated upon the recorded plat of Rainbow Addition, of record in Plat Book 16, Page 63 (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), conveyed to Betty L. and Everett B. Mattlin and being more particularly described as follows:
Beginning at the southeast corner of said Lot 55 at the intersection of the north right-of-way of Eakin Road with the west right-of-way of Whitethorne Avenue;
thence N 78° 25' 00" W with the north right-of-way of said Eakin Road the south line of said Lot 55 a distance of 15.00 feet to a point;
thence N 56° 56' 30" E with a new division line across said Lot 55 a distance of 21.34 feet to a point in the east line of Lot 55, the west right-or-way of said Whitethorne Avenue;
thence S 12° 18' 00" W with the east line of said Lot, the west right-of way of said Whitethorne Avenue a distance of 15.00 feet to the true point of beginning and containing 112 square feet or 0.003 acre, more or less.
Subject to all restrictions, easements and rights-of-way of previous record.
A bearing of S 78° 25' 00" E was used on the centerline of Eakin Road and all other bearings calculated from this meridian.
Parcel Number: 010-121772
To Rezone From: C-3, Commercial District
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said text titled, "LIMITATION TEXT," signed by Omar Tarazi, Attorney for the Applicant, dated October 11, 2012, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-C-4, LIMITED COMMERCIAL DISTRICT
PROPERTY ADDRESS: 2214 EAKIN RD. COLUMBUS OHIO 43223
OWNER: JAHSHAN PROPERTIES INC.
APPLICANT: KHALED JAHSHAN
DATE OF TEXT: OCTOBER 11, 2012
APPLICATION NUMBER: Z12-041
1. INTRODUCTION: The subject property being 0.4± acres located at the northeast corner of Eakin Road and Whitethorne Avenue (010-121772; Greater Hilltop Area Commission). The property is currently zoned C-3 and has been used for the purpose of operating a used tire shop for the several years. The requested L-C-4 District will allow commercial development, and this limitation overlay text is being applied to the rezoning application to exclude offensive uses that were requested by the Greater Hilltop Area Commission.
2. PERMITTED USES: The applicant requests those uses permitted in Chapters 3351, 3353 and 3355 of the Columbus City Code, and the following C-4, Commercial uses listed in C.C. 3356.03 of the Columbus City Code: Automotive Accessories, Parts and Tire Stores, Automotive Sales, Leasing and Rental, Automotive Maintenance and Repair (no auto-body repair), Automobile, Light Truck, and Motorcycle Dealers, and Motor Vehicle Accessories and Parts Dealers.
3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following, the applicable development standards shall be those contained in Chapters 3356 (C-4, Commercial District) of the Columbus City Code.
A. Density, Lot, and/or Setback Commitments: N/A
B. Access, Loading, Parking, and/or Other Traffic Related Commitments: N/A
C. Buffering, Landscaping, Open Space, and/or Screening Commitments:
1. No materials, supplies, equipment or products (except for vehicles that are for sale/lease) shall be stored or permitted to remain on any portion of the parcel outside the permitted structure. All used tires shall be removed from the property by a commercial refuse hauler. It is permitted to use carts as a temporary tire display provided that they are put indoors at the close of daily business. Said tire display shall not occupy required parking spaces.
2. Along the north side of the property, a six-foot high privacy fence shall be constructed to connect to the east and west sides of the existing building. In addition, two trees shall be planted on both sides of the building (four trees total).
D. Building Design and/or Interior-Exterior Treatment Commitments:
The following commitments were requested by the Development Commission at the October 11, 2012 meeting as conditions of their approval recommendation:
1. Hours of operation for any automotive uses are 8 AM-6 PM.
2. Code-violating fences and exterior grease rack must be removed within 30 days of City Council passage of the zoning ordinance.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments: N/A
F. Graphics and/or Signage Commitments.
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 those requirements will be submitted to the Columbus Graphics Commission for consideration.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.