Explanation
Rezoning Application Z09-036
APPLICANT: Wellesley LLC; c/o David L. Hodge; Smith & Hale, LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Automobile services.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on January 14, 2010.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.1± acre site is zoned in the C-2, Commercial District and is the site of a former bank that is now vacant. The applicant requests the CPD, Commercial Planned Development District to permit the construction of an automotive maintenance facility, specifically a tire store, on the site. The requested CPD, Commercial Planned Development District would allow redevelopment of the site with customary use and lighting limitations as well as street trees. The proposed uses and site plan are consistent with the zoning and development patterns of the area.
Title
To rezone 6265 EAST BROAD STREET (43213), being 1.1± acres located at the southeast corner of East Broad Street and McNaughten Road, From: C-2, Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z09-036).
Body
WHEREAS, application #Z09-036 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.1± acres from the C-2, Commercial District, 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 1.1± acre site is zoned in the C-2, Commercial District and is the site of a former bank that is now vacant. The applicant requests the CPD, Commercial Planned Development District to permit the construction of an automotive maintenance facility, specifically a tire store, on the site. The requested CPD, Commercial Planned Development District would allow redevelopment of the site with customary use and lighting limitations as well as street trees. The proposed uses and site plan are 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:
6265 EAST BROAD STREET (43213), being 1.1± acres located at the southeast corner of East Broad Street and McNaughten Road, and being more particularly described as follows:
Legal Description
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEING LOCATED IN LOT 18, OF QUARTER TOWNSHIP 3, TOWNSHIP 1, RANGE 16, UNITED STATES MILITARY LANDS AND BEING PART OF THAT TRACT OF LAND CONVEYED TO EQUIVESTORS COMPANY, BE DEED OF RECORD IN DEED BOOK 3144, PAGE 63, ALL REFERENCES BEING TO RECORDS IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BROAD STREET (STATE ROUTE 16), AT THE INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH THE EASTERLY RIGHT-OF-WAY LINE OF MCNAUGHTEN ROAD, AS SAID MCNAUGHTEN ROAD RIGHT-OF-WAY WAS CONVEYED TO CITY OF COLUMBUS BY DEED OF RECORD IN DEEDBOOK 2830, PAGE 612;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LIE OF EAST BROAD STREET, NORTH
82° 17' 20" EAST, (BEING 33 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES AND PARALLEL TO THE CENTERLINE OF EAST BROAD STREET) 229.07 FEET TO A POINT IN THE WESTERLY LINE OF THE 0.852 ACRE TRACT CONVEYED TO R.G. AND J. BALFOUR BY DEED OF RECORD IN DEED BOOK 2246, PAGE 665;
THENCE ALONG SAID WESTERLY LINE OF THE 0.852 ACRE TRACT, SOUTH 1° 35' 35" WEST, 226.87 FEET TO A POINT;
THENCE ACROSS THE EQUIVESTORS COMPANY 2.53 ACRE TRACT, NORTH 85° 57' 25" WEST, 233.96 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF MCNAUGHTEN ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 4° 02' 35" EAST, (BEING 50 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES AND PARALLEL TO THE CENTERLINE OF MCNAUGHTEN ROAD), 180.0 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.072 ACRES, MORE OR LESS.
To Rezone From: C-2, Commercial 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 and exhibit being titled, "GRISMER TIRE CP 2.0 LAYOUT PLAN" and "ATTACHMENT, " both signed by David L. Hodge, Attorney for the Applicant, and dated October 13, 2009, and text titled, "COMMERCIAL PLANNED DEVELOPMENT," signed by David L. Hodge, Attorney for the Property Owner, and dated February 19, 2010, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT
EXISTING DISTRICT: C-2
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 6265 East Broad Street
OWNER: Wellesley LLC
APPLICANT: Wellesley LLC
DATE OF TEXT: February 19, 2010
APPLICATION NUMBER: Z09 - 036
1. INTRODUCTION: This property is currently zoned C-2, Commercial and is developed with a vacant bank building with drive-thru bays along the east side of the building. The applicant proposes rezoning the property to the CPD, Commercial Planned Development district. The proposal is to reuse the existing building, to remove the drive-thru bays and to add automotive service bays. The site is 1.07+/- acres and is located at the southeast corner of East Broad Street and McNaughten Road.
2. PERMITTED USES: Those uses permitted by Columbus City Code Section 3356.03, except:
Automobile and Light Truck Dealers
Bars, Cabarets and Nightclubs
Blood and Organ Banks
Community Food Pantry
Missions/Temporary Shelters
Motorcycle, Boat, and Other Motor Vehicle Dealers
Pawn Brokers
Supermarkets
Hotels and Motels
Limousine and Taxi Service
Animal Shelter
Amusement Arcade
Halfway House
Veterinarians
3. DEVELOPMENT STANDARDS: Except as otherwise listed herein, the development standards established by the C-4 Commercial District shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. The building setback shall be as follows: from the existing right-of-way a minimum of fifty (50) feet from McNaughten Road and a minimum of fifty-five (55) feet from East Broad Street.
2. The parking setback line shall be as follows: a minimum of ten (10) feet from McNaughten Road and zero from East Broad Street, which condition occurs as a result of a right-of-way dedication commitment provided in B( 2) below.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. The access points are shown on the submitted site plan. Except as otherwise limited herein, these access points shall remain as depicted on the site plan and may function as full service access points, subject to the future limitations in B(4) and B(5) below.
2. Eleven (11) feet of right-of-way along East Broad Street shall be dedicated to the City of Columbus.
3. Nine (9) feet of right-of-way along McNaughten Road shall be dedicated to the City of Columbus.
4. Upon the completion of proposed roadway widening improvements on McNaughten Road the applicant agrees that the McNaughten Road access point may become a right-in / right-out access point.
5. Upon the construction of roadway widening improvements on East Broad Street, a future median shall restrict the left-in and left-out movements from the East Broad Street access point.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Street trees shall be planted along Broad Street and McNaughten Road at a ratio of one tree per thirty (30) feet of frontage. Trees may be planted in the right-of-way and may be grouped as long as the minimum number of trees is planted.
2. Landscaping shall be maintained in a healthy state. Dead items shall be replaced at the next planting season or within six (6) months, whichever occurs sooner. Unless otherwise specified, minimum size of all trees at installation shall be 2 1/2 inches in caliper for deciduous shade trees, five (5) feet high for evergreen trees and 1 1/2 inches in caliper for ornamental trees.
D. Building Design and/or Interior/Exterior Commitments:
Not applicable.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
The light standards shall not exceed twenty-eight (28') feet in height and shall be cut-off style fixtures.
F. Graphics Commitments.
All signage and graphics shall be as permitted for the C-4 District. Any variances to those requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous.
1. Site Plan: The subject site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon the submission of the appropriate data regarding the proposed adjustment.
2. A memorial monument to slain Columbus Police Officer Bryan Hurst shall be located on the property. This memorial monument shall be substantially similar in concept to the memorial plaque depicted on the attachment hereto.
H. CPD Requirements:
1. Natural Environmental and Existing Land Uses: The property is zoned commercially and has most recently been used as a bank with drive-thru bays. It is surrounded by office uses to the east and south. A pharmacy and retail center is located across McNaughten Road to the west. Retail and restaurant uses with drive-thru windows are located to the north
2. Existing Land Use: The property is currently developed and has most recently operated as a bank with drive- thru windows.
3. Transportation and Circulation: The curb cuts and internal circulation patterns are shown on the submitted site plan and otherwise limited as provided herein.
4. Visual Form of the Environment: Consideration has been given to the visibility and safety of the motorists and pedestrians in the development of the property.
5. Proposed Development: Automotive service.
6. Behavior Pattern: Existing development in the area has established behavior patterns for the motorists.
7. Emissions: No adverse effects from emissions shall result from the proposed development.
I. Variances:
1. The approval of this CPD includes a variance to Section 3356.11 to allow a setback from the existing right-of-way of East Broad Street of less than eighty (80') feet, which is the existing condition of the building currently located on this property and being reused by this applicant. (80 to 55 feet).
2. The approval of this CPD includes a variance to Section 3342.18 to allow a parking setback reduction from ten (10') to zero along East Broad Street
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.