Explanation
Rezoning Application Z05-045
APPLICANT: Mohammad Ibaid; 2186 Near Drive; Grove City, OH 43123.
PROPOSED USE: Restaurant development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant requests the L-C-1, Commercial District for restaurant use only. The proposal is compatible with the zoning pattern of the area, being less intense than the existing unrestricted C-3, Commercial District immediately to the east. The limitation text addresses the Urban Commercial Overlay Requirements and provides for new landscaping. The proposed L-C-1 District could provide area residents purchase an opportunity for mixed use development along Main Street per the Near East Area Plan.
Title
To rezone1565 EAST MAIN STREET (43205), being 0.46± acres located at the southeast corner of East Main Street and Lilley Avenue, From: ARLD, Apartment Residential District, To: L-C-1, Limited Commercial District. (Rezoning # Z05-045)
Body
WHEREAS, application #Z05-045 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.46± acres from ARLD, Apartment Residential District, to L-C-1, Limited Commercial 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 Applicant requests the L-C-1, Commercial District for restaurant use only. The proposal is compatible with the zoning pattern of the area, being less intense than the existing unrestricted C-3, Commercial District immediately to the east. The limitation text addresses the Urban Commercial Overlay Requirements and provides for new landscaping. The proposed L-C-1 District could provide an opportunity for area residents purchase food per the Near East Area Plan, 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:
1565 EAST MAIN STREET (43205), being 0.46± acres located at the southeast corner of East Main Street and Lilley Avenue, and being more particularly described as follows:
General Warranty Deed
Know all men by these presents:
That the Standard Oil company, an Ohio Corporation with its principal office Cleveland, Ohio 44111 for the greater, for the ten Dollars ( $10.00) and oilier good and valuable received to its satisfaction of Crusade Bible Fellowship.
1565 East Main Street, Columbus, Ohio
The granter (whether one or more) does give grant, bargain, sell, convey unto the sold Grantee and heir executor, administrator succors and assigns of Grantee, as the case may be the promises (hereinafter called the ("premises") succeed in the City of Columbus County Of Franklin and state of Ohio, and the being the same promises conveyed by deed recorded in Volume 2451, page 110-122, of the record of said County more fully described as follows:
Parcel I: Being part of lot No, 1 part of Lot No, 2and part Lot No. 3 of M.C. Lilley Subdivision, or record in plate Book 7, page 122, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point at the northwesterly corner of said Lot No. 1 ,also being the intersection of the southerly line of east Main Street, 80 feet in width and the easterly line of Lilley avenue, 50 feet in width, said point being witnessed by a drill hole in concrete 1.0 feet west of corner; thence from said place of beginning , North 87 degrees 49' East and along the northerly line of Lot No. 1, Lot No. 2 and Lot No. 3 the southerly line of East Main Street, a distance of 102.14 feet to a point; said point being 16 feet westerly from the northeasterly corner of Lot No. 3; thence South 00 degrees 04' 40" west and 16 feet westerly from the easterly line of said Lot No.3 and with interior angle 87 degrees 44' 20" a distance of 52.50 feet to a point ; thence South 87 degrees 49' west and parallel to the northerly line of Lot Nos. 3,2, and 1, and with an interior angle of 92 degrees 15' 40" a distance of 102.07 feet to a point in the westerly line of Lot No.1 the easterly line of Lilley Avenue; thence North and along the westerly line of lot No. 1 the easterly line of Lilley Avenue and with an interior angle of 87 degrees 49' a distance of 52,5 feet to the place of beginning and containing 2880 square feet, as per survey of The Jennings-Lawrence Company, civil and Municipal Engineers, dated November 16, 1962.
PARCEL II: Being part of Lot No. 1 and Lot No. 2 and Lot No. 3 of M.C.Lilley Subdivision of recorded in Plate Book 7, page 122, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the westerly line of said Lot No. 1 and in the easterly line Lilly Avenue, said point being south a distance of 52.50ft. From the north westerly corner of said Lot No. 1, thence No. 87 degrees 49' E, and parallel to the northerly line of Lots No. 1 and No. 2 and No. 3 and 52.5 ft. southerly there from a distance of 102.07 ft to a point 16 ft. Westerly from the easterly line of said thence S 00 degrees 04' 40" west and 16 ft westerly there from the easterly line of Lot No. 3 and with an interior angle 87 degrees 44' 20" a distance of 135.34 ft, to a point in the southerly line of Lot No. 3, the northerly line McAllister Avenue, 20 ft, in width, said point being westerly a distance of 16.0 ft . from the southerly corner of Lot No. 3; thence S. 87 degrees 49' W, and along the southerly line of Lot No. 3 and with an interior angle of 92 degrees 15' 40' a distance of 3.89 ft, to an iron pin said, iron pin being easterly distance of 98.00 ft from the southwesterly corner of said lot No.1 thence North and parallel to the westerly line of lot No. 1 and with an interior angle of 87 degrees 49' a distance of 40.00 ft. to an iron pin thence south 87 degrees 49' West and parallel to the northerly line of McAllister Avenue and 40 northerly there from and with an interior angle of 272 degrees 11' a distance of 98.00 ft to an iron pin in the westerly line of lot No. 1 the easterly line of Lilley Avenue said iron being northerly a distance of 40.00 ft from the south westerly corner of Lot No.1 thence north and along the westerly line of lot No. 1 easterly line of Lilley avenue and with an interior angle of 87 degrees 49' a distance of 95.34ft. to the place of beginning, containing 5356 square feet; subject to all easements and restrictions shown of record.
Parcel III: Being part of Lot No. 3 and part of Lot A, M.C. Lilly's Subdivision of record in Plat book 7, page 122, Recorder's Office, Franklin, County , Ohio, and being more particularly described as follows:
Being at an iron pin in the northerly line of Lot A, and southerly line of East Main Street, said iron pin being easterly a distance of 10.0 ft from the northwesterly corner of Lot A; thence S.00 degrees 04'40" W. and parallel to the westerly line of Lot A a distance of 187.84 ft. to an iron pin in the southerly line of lot A and northerly line of McAllister avenue; thence S.87 degrees 49'W. and along the southerly line of lot A, the southerly line of Lot No. 3, the northerly line of McAllister Avenue and with an interior angle of 92 degrees 15' 40" a distance of 26.00 ft. to a point, said point being easterly a distance of 101.89 ft. from the southerly corner of Lot No. 1 thence north 00 degrees 04' 40" east and 16 ft westerly from the easterly line of Lot No.3 and with an interior angle of 87 degrees 44' 20" a distance of 187.84 ft. to a point in the northerly line of Lot No. 3, said point being westerly a distance of 16.0 ft. from the northeasterly corner of Lot 3, thence North 87 degrees 49' East and along the northerly line of Lot No. 3 and Lot A, the southerly line of East Main Street and with an interior angle of 92 degrees 15' 40" a distance of 26.00 ft. to the place of beginning, containing 9826 square feet as per survey of Robert M. Spencer, Registered Surveyor No. 4108, dated November 16, 1962; subject to all cements and restrictions shown of record.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-C-1, Limited Commercial 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 L-C-1, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, "LIMITATION TEXT FOR 1565 E. MAIN STREET" signed by Mohammed Ibaid, Applicant, dated June 6, 2006, and reading as follows:
Limitation Text for 1565 E. Main Street
PROPOSED DISTRICT: L-C-1 District
PROPERTY ADDRESS: 1565 E. Main Street
OWNER: Mohammad Ibaid
APPLICANT: (same)
DATE OF TEXT: Tuesday, June 6, 2006
APPLICATION NUMBER: Z05-045
1. INTRODUCTION: The site is on the southeast corner of Lilley Avenue and East Main Street, and is approximately 102'-0" by 95'-0", or 9690 square feet (.22 acres). An existing 1-story building sits on the site, which is 29'-4" by 50'-8", or 1486 square feet. The property contains (2) existing curb cuts to East Main Street, and (1) existing curb cut to Lilley Avenue. The portion of the property in front of the building is paved, and the rear portion is lawn/grass area.
The owner is proposing to use the existing building for a Subway or other restaurant. The building was formerly used as a church and will require some interior alterations for restaurant use. Directly across the property on Lilley Avenue is an existing carry-out, and to the east of the property is an empty lot. Directly across Main Street is an abandoned 2-story commercial building.
2. PERMITTED USES: The existing site is currently zoned as ARLD (Apartment Residential-Low Density). The owner wishes to make it zoned L-C-1 (Limited Commercial), specifically for 'Cafes, Delicatessens and Restaurants (2000 square feet or less).' The local area neighborhood commission has given approval of the project prior to submittal for zoning. That approval is contingent on the condition that the property be used as a restaurant, and nothing else.
3. DEVELOPMENT STANDARDS:
A. Density, Lot, and/or Setback Commitments.
Existing building and asphalt parking lot will remain.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
The existing Main Street curb cut to the west, closest to the corner, will be removed per Columbus city code requirements. The existing curb cut on Lilley Avenue will remain as is. The asphalt parking lot will remain, and will be repaired, resurfaced and restriped as necessary. A total of (14) regular parking spaces are planned, with (1) handicapped space.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
Fencing and landscaping that will meet the Urban Commercial Overlay requirements are proposed along Main Street. The proposed fencing will be at the northern property line and is composed of ornamental metal fencing per U.C.O. requirements. A landscaping strip approximately 10'-0" deep will be placed between the parking and proposed fencing, and this will consist of (1) deciduous tree and (3) evergreen shrubs per 30 linear feet.
All trees will meet the following minimum size at the time of planting: Shade trees 2 1/2" caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground. Approximately (4) deciduous trees of the type 'Harvest Gold Crabapple' (scientific name 'Malus X') will be planted, as will (7) evergreen shrubs of the type 'Mint Julep Juniper' (scientific name 'Juniperus Chinensis').
D. Building Design and/or Interior-Exterior Treatment Commitments.
The existing exterior of the building will be repaired as necessary. Additional work shall include repairing damaged exterior materials with equal or better materials. Approximately 180 square feet of new window openings will be provided in the facade to comply with the Urban Commercial Overlay.
E. Lighting
Light standards shall not exceed 28 feet in height except lights located within 100 feet of a residentially used or zoned property shall not exceed 18 feet in height. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane. For aesthetic compatibility, lights shall be from the same or similar type and color.
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 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.