Explanation
Rezoning Application # Z05-006
APPLICANT: Instalube & Tire Company; c/o Michael T. Shannon, Atty., Crabbe, Brown and James; 500 South Front
Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Automotive service center and car wash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on April 14, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will allow the site to be developed with an automobile service center including a car wash and an unsecified commercial space. The CPD text includes use restrictions and development standards that are consistent with the surrounding commercial districts. The proposed CPD, Commercial Planned Development District is consistent with the zoning and development patterns of the area.
Title
To rezone 6095 CLEVELAND AVENUE (43231), being 1.43± acres located on the west side of Cleveland Avenue, 180± feet north of Deewood Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning # Z05-006).
Body
WHEREAS, application #Z05-006 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.43± 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, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will allow the site to be developed with an automobile service center including a car wash and an unsecified commercial space. The CPD text includes use restrictions and development standards that are consistent with the surrounding commercial districts. The proposed CPD, Commercial Planned Development District is consistent with the zoning and development 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:
6095 CLEVELAND AVENUE (43231), being 1.43± acres located on the west side of Cleveland Avenue, 180± feet north of Deewood Drive, and being more particularly described as follows:
LEGAL DESCRIPTION
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 2, Range 18, United States Military Lands, containing 1.427 acres of land, more or less, said 1.427 acres being part of that 4.000 acre tract of land referred to as SECOND TRACT and described in the Certificate of Transfer to Marjorie L. Sebring, of record in Official Record 1157OH10, Recorder's Office, Franklin County, Ohio.
We hereby state that this map was prepared from information obtained from an actual field survey conducted by Bauer, Davidson & Merchant, Inc., in January of 1995.
All of the survey markers noted on this map were in place in January of 1995.
The bearings shown on this map correspond to the bearing of S 03°34'03" W given for the centerline of survey of Cleveland Avenue as shown on the plans for "Establishing Altering and Widening Cleveland Avenue Section "C" Part county Road No. 75 Sharon and Blendon Townships Franklin County Ohio" approved by the Board of Franklin County Commissioners on May 6, 1966.
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, "CLEVELAND CAR CARE CENTER," and text titled, "DEVELOPMENT TEXT," both signed by Michael T. Shannon, Attorney for the Applicant, dated September 19, 2005, and the text reading as follows:
DEVELOPMENT TEXT
CPD, Commercial Planned Development
1.427+ Acres
PROPOSED ZONING: CPD, COMMERCIAL PLANNED DEVELOPMENT
EXISTING ZONING: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 6095 CLEVELAND AVENUE, COLUMBUS, OH 43231
OWNER: FRISCH'S RESTAURANT, INC., C/O MICHAEL T. SHANNON, ESQ., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215, Mshannon@cbjlawyers.com.
APPLICANT: INSTALUBE AND TIRE COMPANY, C/O MICHAEL T. SHANNON, ESQ., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215, Mshannon@cbjlawyers.com.
DATE OF TEXT: September 19, 2005
APPLICATION NUMBER: Z05-006
1. INTRODUCTION:
The subject property ("Site") is a sub-parcel of a previous 6.54" acre CPD site rezoned in 1994 by Ordinance No. 1994-2648. This Site, consisting of 1.427" acres, was rezoned to permit a restaurant and is located on the west side of Cleveland Avenue, approximately 208 feet south of Home Acre Drive. Applicant is proposing an automobile service center, which would include an automatic carwash facility, an automobile maintenance and repair facility, and related office space. Applicant additionally proposes a future neighborhood commercial C-4 use, currently unspecified, along the southern boundary of the Site. As such, Applicant requests a rezoning to CPD, to add the automobile maintenance and related carwash uses.
2. PERMITTED USES:
Permitted uses shall be consistent with those defined in the Columbus Zoning Code, §3361.02 (CPD, Commercial Planned Development District), except for the following prohibited uses:
Amusement Arcades; Automobile and light truck dealers; Automobile sales, leasing, and rental; Billboards; Blood and organ banks; Bowling centers; Cabarets and nightclubs (exclusive of bars) Check cashing and loans; Community food pantry; Dwelling units; Drive-in motion picture theaters; Halfway houses; Hospital (private/public); Hotel; Missions/temporary shelters; Motel; Motorcycle, boat and other motor vehicle dealers; Pawn brokers; Service and/or filling stations; Tattoo and/or piercing parlors; Telecommunication antennas; Truck, utility trailer, RV sales, rental, and leasing.
3. DEVELOPMENT STANDARDS:
Unless otherwise indicated herein or on the submitted site plan, the applicable development standards shall be those standards contained in Columbus City Code Chapter 3356, C-4 Commercial District (and Chapter 3357, C-5 Commercial District, only as relating to the onsite carwash uses).
A. Density, Height, Lot and/or Setback Commitments.
1. The building setback along Cleveland Avenue shall be forty (40) feet. The building setback along the southern boundary of the Site shall be fifteen (15) feet.
2. The parking and maneuvering setback along Cleveland Avenue shall be ten (10) feet. The parking and maneuvering setback along the southern boundary of the Site shall be fifteen (15) feet.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Access to and from the Site shall be as approved by the Division of Transportation. The Property will comply with all other requirements of the Columbus City Codes pertaining to maneuvering and loading.
2. This lot shall also have access via Cleveland Avenue by a curb cut to be located as approved by the City of Columbus, Division of Transportation, and shall include a one-lane turn-in and one lane each for a left and right turn-out.
3. All parking areas shall be designed and constructed to promote safety. Such designs shall provide for efficient circulation with respect to public streets, service roads, adjacent uses, loading areas and stacking lanes.
4. All major drive aisles and curb lanes within an area shall be defined with raised curbing islands, dividers or medians instead of painted lines. Any such raised definition to traffic circulation shall be planted with trees and/or evergreen plant material of the low, spreading variety to increase
visibility of the island, divider or median.
5. A five (5)-foot wide concrete sidewalk will be provided along the frontage on Cleveland Avenue.
6. Applicant shall dedicate an additional twenty (20) feet of right-of-way along Cleveland Avenue to the City of Columbus upon approval of this rezoning, for a total of sixty (60) feet from centerline of Cleveland Avenue, in conformance with the Columbus Thoroughfare Plan.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. All parking areas shall have headlight screening with a minimum height of thirty (30) inches, along and parallel to the Site frontage. Such screening may be accomplished by the use of mounded landscape materials.
2. Lot coverage for structures and paved areas shall not exceed eighty-five (85%) percent. Sidewalks and paved plazas at building entrances shall not be considered a part of lot coverage.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first. Minimum sizes for all trees shall be 2 ½-inch caliper for deciduous, 5-ft. high for evergreen; and 1 ½-inch caliper for ornamental.
D. Building Design and/or Interior-Exterior Treatment Commitments.
The height restriction for all structures shall be thirty-five (35) feet.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Lighting shall not exceed .01-foot candle along any property line.
2. All external outdoor lighting shall be cut-off type fixtures (down lighting) except up-lighting may be used to illuminate landscaped areas and buildings.
3. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer type to ensure aesthetic compatibility.
4. All parking lot lighting shall be no higher than eighteen (18) feet.
5. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
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. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Variances Requested.
1. Applicant requests a variance for the building setback line along the southern property line, from 30 feet to 15 feet, for the proposed C-4 use.
2. Applicant requests a variance from §3342.07 (Drive-in stacking area), to reduce the number of required stacking spaces for two (2) automatic carwash bays from twelve (12) to eight (8) spaces.
H. Miscellaneous Commitments.
The subject Site shall be developed in accordance with the rezoning site plan. The rezoning site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the plan is subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment. The square footage of the unspecified C-4 portion of this development is noted on the site plan for purposes of parking calculation only, and is subject to change.
4. CPD REQUIREMENTS
A. Natural Environment.
The site is currently vacant. The proposed development will have no negative impact on the drainage runoff, soil erosion or vegetation.
B. Existing Land Use.
This vacant Site is currently zoned CPD, allowing for many commercial uses, including C-5 uses.
C. Transportation and Circulation.
See Section 3B(1-6), above.
D. Visual Form of the Environment.
The area and existing uses/zonings of the surrounding properties are as follows:
West: Office uses along the entire west property line. (CPD)
North: Auto repair shop abutting along the entire north property line. (C-4, C-5)
East: Office use across Cleveland Avenue. (L-C-2)
South: Office use along the south property line. (CPD, ARO)
E. View and Visibility.
Consideration has been given to the visibility and safety issues, and the rezoning site plan is a direct result of the same.
F. Proposed Development.
The Proposed Development is identical to and therefore compatible with existing surrounding commercial uses. The Site is currently vacant and the proposed development will contribute to the overall commercial viability of the area.
G. Behavior Patterns.
The proposed access to this Site is the same that was proposed and approved in the original CPD Ordinance 1994-2648, passed December 19, 1994.
H. Emissions.
Due to the intensity of the land use surrounding the subject Site, there will be no relevant increase of or addition to emissions.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.