Explanation
Rezoning Application Z23-021
APPLICANT: CP Sawmill, LLC c/o Eric Leibowitz; 250 Civic Center Drive, Suite 500; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 10, 2023.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.86± acre site consists of one parcel developed with an eating and drinking establishment in the CPD, Commercial Planned Development District, and is subject to the Sawmill Road Regional Commercial Overlay (RCO). The requested CPD, Commercial Planned Development District will allow redevelopment of the property with commercial uses, including limited C-5 commercial uses. The CPD text includes a commitment to two different site plans, one demonstrating a drive-thru eating and drinking establishment, and the other demonstrating a car-wash facility, along with use restrictions and supplemental development standards. The Northwest Plan (2016) recommends “Mixed Use 1” at this location, consistent with the allowable uses of this proposed CPD district, while the submitted site plans and development text also include commitments to street trees, pedestrian connectivity, seasonal outdoor dining space, and building materials, achieving the Plan’s design guidelines.
Title
To rezone 5925 SAWMILL RD. (43017), being 0.86± acres located on the west side of Sawmill Road, 325± feet south of Krier Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z23-021).
Body
WHEREAS, application #Z23-021 is on file with the Department of Building and Zoning Services requesting rezoning of 0.86± 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 is consistent with The Northwest Plan, and includes site plans and development text that demonstrate commitments consistent with the area plan’s design guidelines; 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:
5925 SAWMILL RD. (43017), being 0.86± acres located on the west side of Sawmill Road, 325± feet south of Krier Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Perry and in the City of Columbus and being part of Section 3, Township 2 North, Range 19 West, United States Military Lands and being part of that 10.052 acre tract conveyed to M & S Company as recorded in Deed Book 3590, Page 345, Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for reference at a point in the east line of said Section 3 at the southeast corner of said 10.052 acre parcel;
Thence along the south line of said 10.052 acre parcel same line being the north line of a parcel of land conveyed to the Columbus Board of Education in Deed Book 3509, Page 339, N 84 deg. 41’07” W a distance of 48.01 to a pin set in the west line of Sawmill Road as shown on the Dedication Plat of Sawmill Road and service Road of Record in Plat Book 58, page 25 and the true point of beginning of the herein described parcel;
Thence continuing along the southerly line of said 10.052 acre tract N. 84 deg. 41’07” W a distance of 284.92 feet to an iron pin set in the easterly line of a 35 foot wide service road right-of-way as shown on said Dedication Plat;
Thence along the east line of said service road N. 4 deg. 19’26” E a distance of 123.38 feet to an iron pin set;
Thence S 84 deg. 41’07” E a distance of 147.75 feet to an iron pin set;
Thence N 4 deg. 14’45” E a distance of 17.22 feet to an iron pin set;
Thence S 84 deg. 41’07” E a distance of 137.00 feet to a PK nail set in the westerly right-of-way line of said Sawmill Road;
Thence S 4 deg. 14’45” W along the west right-of-way line of Sawmill Road a distance of 140.60 feet to the point of beginning, containing 0.861 acres more or less.
The above description was prepared from an actual survey made in June, 1983 of said lands by Vernon A. Ryoski, Registration No. 4041.
Parcel No.: 590-193762
Property Address: 5925 Sawmill Road, Columbus, Ohio 43017
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said site plans being titled, “ZONING PLAN - 5921 SAWMILL ROAD SITE PLAN 1 & 2,” and text titled, “CPD, COMMERCIAL PLANNED DEVELOPMENT TEXT,” all dated October 12, 2023, and signed by Eric Leibowitz, Agent for the Applicant, and the text reading as follows:
CPD, COMMERCIAL PLANNED DEVELOPMENT TEXT
EXISTING ZONING: CPD, Commercial Planned Development District (Z78-085, A, B)
PROPOSED ZONING: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 5925 Sawmill Road, Columbus, OH 43017
APPLICANT: CP Sawmill, LLC c/o Eric Leibowitz, 250 Civic Center Drive, Suite 500, Columbus, OH 43215
PROPERTY OWNER: CP Sawmill, LLC c/o Eric Leibowitz, 250 Civic Center Drive, Suite 500, Columbus, OH 43215
DATE OF TEXT: October 12, 2023
APPLICATION NUMBER: Z23-021
1. INTRODUCTION: The 0.86 +/- acre site is located on the west side of Sawmill Road, 325’ +/- of Krier Drive. The site is zoned CPD, Commercial Planned Development (Z78-085), by which C-4 uses are permitted. Applicant proposes to rezone the site to permit redevelopment of the site with C-5 uses (automatic car wash, fast food) and C-4 uses. See Site Plans: “Car Wash, 5925 Sawmill Road” and “Fast Food, 5925 Sawmill Road”, hereafter Site Plan 1 and Site Plan 2, dated October 12, 2023, respectively. Sawmill Road is a major north/south commercial arterial road with extensive commercial development appropriate for the proposed uses. Site Plan 1 and Site Plan 2 shall only apply to the property for automatic car wash and fast food uses, respectively. “Fast Food” shall be defined as food and/or beverage service without on premise interior building seating. The site is located in the Sawmill Road Regional Commercial Overlay (RCO).
2. PERMITTED USES:
a). All uses of Chapter 3356, C-4, Commercial District shall be permitted and the following C-5 uses: automatic car wash, fast food (food and/or beverage service without on premise seating).
3. DEVELOPMENT STANDARDS: Unless otherwise indicated on Site Plan 1 or Site Plan 2, which shall only be applicable for an automatic car wash or fast food (as defined herein) use, respectively, or in this written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Commercial District, of the Columbus City Code.
A). Density, Height, Lot and/or Setback commitments.
1). Use of the site for a automatic car wash or fast food use shall be as depicted on Site Plan 1 or Site Plan 2, respectively. Development standards of the Zoning Code shall apply to use of the property for all other uses.
2). The Sawmill Road building setback shall be 20’ net of right of way conveyance totaling 75’ from centerline.
3). The Sawmill Road parking setback shall be 0’ net of right of way conveyance totaling 75’ from centerline.
B.) Access, Loading, Parking and/or other Traffic related commitments.
1). Development of the site with an automatic car wash or fast food shall be as depicted on Site Plan 1 and Site Plan 2, respectively. Development standards of the Zoning Code shall apply to use of the property for uses of the C-4 District.
2). There shall be no direct vehicular access to Sawmill Road. All vehicular access shall be a).by the driveway parallel to Sawmill Road that provides access to this site and others, b). Sawtooth Lane and c). Sawdust Lane.
3). Sawmill Road right of way totaling 75’ from centerline, less an 8’x8’ area containing the existing ground sign, as depicted on the Site Plans, shall be conveyed to City in conjunction with a final site compliance plan.
4). If the site is developed with a Fast Food use, seasonal outside seating with a minimum area of 150 SF shall be provided. One example of an area for location of the seasonal outside seating area is shown on the Site Plan, but the outside seating area may be located in a different location also.
C.) Buffering, Landscaping, Open Space and/or Screening Commitments:
1). Landscaping shall meet standards of the Zoning Code, except as noted in H. Modification of Code Standards, 2, 3, 4.
2). Three (3) street trees shall be provided in the Sawmill Road right of way with tree type and location subject to approval of the City Forester.
D.) Building design and/or Interior-Exterior treatment commitments.
Permitted primary building materials shall be limited to the following, alone or in combination: brick, brick veneer, stone, stone veneer, including manufactured stone, metal, fiber cement siding or comparable material, wood, including synthetic wood products, and/or glass. Nothing herein shall prohibit the use of the aforementioned materials as secondary or trim materials
E.) Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
N/A
F.) Graphics and Signage commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as applies to the C-4, Commercial District and Sawmill Road Regional Commercial Overlay. The existing ground sign is located in the 8’x8’ area of the Sawmill Road frontage exempted from the Sawmill Road right of way conveyance totaling 75’ from centerline. The existing sign is a pylon sign, which may be refaced in accordance with the Graphics Code. Any new ground sign that replaces the existing pylon sign shall be monument-style, in accordance with RCO requirements. Any variance to applicable sign standards shall be submitted to the Columbus Graphics Commission for consideration.
G). Other CPD Requirements.
1. Natural Environment: The site is located on the west side of Sawmill Road, 325’ +/- south of Krier Drive. Sawmill Road is a major north/south commercial arterial road with extensive commercial development appropriate for the proposed uses.
2. Existing Land Use: Developed with closed restaurant building. The building will be removed with redevelopment.
3. Circulation: There shall be no direct vehicular access to Sawmill Road. All vehicular access shall be a). by the driveway parallel to Sawmill Road that provides access to this site and others, b). Sawtooth Lane and c). Sawdust Lane.
4. Visual Form of the Environment: Sawmill Road is a major north/south commercial arterial road with extensive commercial development appropriate for the proposed uses.
5. Visibility: Sawmill Road is an arterial right of way. The site will be visible from Sawmill Road.
6. Proposed Development: automatic car wash, fast food (food and/or beverage service without on premise seating) or C-4 uses.
7. Behavior Patterns: There shall be no direct vehicular access to Sawmill Road. All vehicular access shall be a). by the driveway parallel to Sawmill Road that provides access to this site and others, b). Sawtooth Lane and c). Sawdust Lane.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
H). Modification of Code Standards.
1). Section 3312.11, Drive-up Stacking Area, to not provide an exclusive by-pass lane for car wash or fast food uses.
2). Section 3312.21(B)(3), Landscaping and Screening, to reduce parking lot screening to the south (L-AR-1) from 5’/75% opacity to 3’/75% opacity.
3). Section 3312.27, Parking Setback Line, to reduce the Sawmill Road parking setback from 10’ to 0’, net of right of way dedication totaling 75’ from centerline and to reduce the Sawtooth Lane parking setback from 10’ to 5’.
4). Section 3356.05, C-4 District Development Limitations, to reduce the Sawmill Road building setback to 20’ net of Sawmill Road right of way conveyance totaling 75’ from centerline for the car wash and all C-4 uses.
5). Section 3372.804(B), Setback Requirements, to reduce the Sawmill Road pavement setback from 10’ to 0’ net of right of way dedication totaling 75’ from centerline.
6). Section 3372.807(A),(E), Landscaping and Screening, to not provide Sawmill Road parking lot screening as the east property line net of Sawmill Road right of way conveyance will be the east edge of the existing private driveway serving this site and property to the north, while parking lot screening shall be provided in the Sawmill Road right of way adjacent to the west right of way line net of 75’ from centerline and 8’x8’ exception to right of way conveyance, subject to permission from the City of Columbus to place landscaping in the Sawmill Road right of way, and to locate the dumpster behind the front of the car wash building, approximately 110’ from Sawmill Road and screened, but not located completely behind (west of) the building.
I). Miscellaneous commitments.
Development of the site with an automatic car wash and fast food use shall be in accordance with the Site Plans titled “SITE PLAN 1,” and “SITE PLAN 2”, both dated October 12, 2023 and signed October 12, 2023 by Eric Leibowitz, Agent for Applicant. If the car wash or fast food uses are not developed, only the building and parking setbacks depicted on the referenced Site Plans shall apply to the property. These plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the Plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.