Explanation
Rezoning Application # Z09-023
APPLICANT: Moo Moo Sawmill LLC; c/o Dave Perry, The David Perry Co.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Car wash or limited commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 8, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit a car wash and C-2, Commercial District uses. The CPD text commits to a site plan, landscaping plan and elevation drawings, and contains appropriate development standards that address landscaping, lighting controls, side walks, and bicycle parking. The proposal is consistent with adjacent commercial districts and substantially complies with the Regional Commercial Overlay requirements. The request is compatible with the zoning and development patterns in the area.
Title
To rezone 7630 SAWMILL ROAD (43016), being 0.6± acres located at the southeast corner of Sawmill Road and Summer Drive, From: C-2, Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency(Rezoning # Z09-023).
Body
WHEREAS, application #Z09-023 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.6± acres from C-2, Commercial District to CPD, Commercial Planned Development District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes this development has included bike racks for employees that ride their bike by choice or because of limited alternatives, and five-foot wide sidewalks which has been shown to increase walkability; 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 due to the need for permit approval and sale of the property for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because proposal is consistent with adjacent commercial districts and substantially complies with the Regional Commercial Overlay requirements. The requested CPD, Commercial Planned Development District would permit a car wash and C-2, Commercial District uses. The CPD text commits to a site plan, landscaping plan and elevation drawings, and contains appropriate development standards that address landscaping, lighting controls, side walks, and bicycle parking. The request is compatible with the zoning and development patterns in 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:
7630 SAWMILL ROAD (43016), being 0.6± acres located at the southeast corner of Sawmill Road and Summer Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lot 30 as the same is numbered and delineated upon the recorded plat of Flavel Tuller's Survey of Section 1, Township 2, Range 19, United States Military Lands, of record in Plat Book 3, Page 60, containing. 0.622 acres of land, more or less, said 0.622 acres being out of that tract of land conveyed to Summer & Co., by deed of record in Deed Book 3033, Page 588, said tract being that tract of land designated as Parcel 4 and described in the deed to Summer & Co. (undivided 2/3 Interest) of record in Deed Book 3285, Page 395, all being of record in Recorder's Office, Franklin County, Ohio, said 0.622 acres of land being more particularly described as follows:
Beginning, for reference at the southwesterly corner of said Parcel 4, as the same is described in said deed to Summer & Co. of record in Deed Book 3285, Page 395, said reference point of beginning being the point of intersection of the centerline of Sawmill Road with the northerly line of that 5 acre tract of land described in Certificate of Transfer to George H. Watling of record Deed Book 3058, Page 447, Recorder's Office, Franklin County, Ohio, said reference point of beginning also being in the southerly line of said Lot 30 and in the northerly line of Lot 18 of said Flavel Tuller's Survey, thence from said reference point of beginning, North with the centerline of said Sawmill Road, a distance of 619.75 feet to a point; thence East a distance of 40.00 feet, to a ¾-inch (I.D.) iron pipe at the true point of beginning;
Thence form said true point of beginning, North parallel with and 40.00 feet easterly from, as measured at right angles, the centerline of said Sawmill Road, a distance of 130.00 feet to a 3/4-inch (I.D.) iron pipe at a point of curvature;
Thence northeasterly, with the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 90º 00' 00" and a chord that bears N 45º 00' 00" E, a chord distance of 28.28 feet to a 3/4-inch (I.D.) iron pipe at a point of tangency;
Thence East, a distance of 35.00 feet, to a 3/4-inch (I.D.) iron pipe at a point of curvature;
Thence Eastwardly, with the arc of a curve to the right, having a radius of 85.00 feet, a central angle of 25º 48' 21" and a chord that bears S 77º 05' 49" E. a chord distance of 171.94 feet to a 3/4-inch (I.D.) iron pipe;
Thence S 33º 28' 33" W, a distance of 133.80 feet to a 3/4-inch (I.D.) iron pipe;
Thence West, a distance of 148.80 feet to the true point of beginning and containing 0.622 acres of land, more or less.
Subject to all rights-of-ways, easements and restrictions, if any, of previous record
We hereby certify that the above description was prepared from information obtained from actual field surveys conducted by Bauer, Borowitz & Merchant, Inc., March of 1973, in July of 1977, in November of 1981, and on May 6, 1982, and that to the best of our knowledge and belief, said description is correct. All of the 3/4-inch (I.D.) iron pipe survey markers indicated in the above description were set on May 6, 1982, by Bauer, Borowitz & Merchant, Inc.,
The bearings given in the above description correspond to the bearings shown on the recorded plat of Olde Sawmill Phase One, of record in Plat Book 48, Page 14, 15, 16, and 17, Recorder's Office, Franklin County, Ohio,
Less and Exception therefrom the following legal description:
Situated in the State of Ohio, county of Franklin, City of Columbus, located in Section 1, Township 2-North, Range 19-Wset, United States Military Lands, and being a part of that 0.622 acre tract as conveyed to SBD Investments I, LLC, by deed of record in Instrument Number 200004120071037, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at Franklin County Monument #7770, at the intersection of the existing right-of-way centerline of Summer Drive, as delineate upon the plat of "OLDE SAWMILL SECTION EIGHT", as recorded in Plat Book 59, Page 39, with the existing construction centerline of Sawmill Road (County Road 70).
Thence South 87º 25' 06" East, a distance of 75.00 feet along the existing right-of-way centerline of Summer Drive to a point is said centerline.
Thence South 02º 34'54" West, a distance of 40.00 feet perpendicular to the existing right-of-way centerline of said Summer Drive, to an iron pin set in a northerly line of said SDD 0.622 acre tract, and in the existing southerly right-of-way line of said Summer Drive, and being the Point of True Beginning;
Thence South 37º 34'26" West, a distance of 61.03 feet across said SDB 0.622 acre tract, and along the proposed southerly right-of-way line of said Summer Drive, to an iron pin set in the westerly line of said SDB 0.622 acre tract, and in the existing easterly right-of-way line of said Sawmill Road;
Thence North 02º 34'54"East, a distance of 30.00 feet along the westerly line of said SDB 0.622 acre tract, and along the existing easterly right-of-way line of said Sawmill Road, to a 1" iron pin with cap BBM found at a point of tangent curvature at the intersection with the existing southerly right-of-way line of said Summer Drive;
Thence with a curve to the right for 31.42 feet, along the existing southerly right-of-way line of said Summer Drive, having a radius of 20.00 feet, a central angle of 90º ˚, a chord direction of North 47º 34'54" East, a chord distance of 28.28 feet, to a 1" iron pin with cap BBM found at a point of tangency;
Thence South 87º 25'06" East, a distance of 15.00 feet along the northerly line of said SDB 0.622 acre tract, and along the existing southerly right-of-way line of said Summer Drive, to the Point of True Beginning, containing 0.018 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 plans being titled, "MOO MOO, 7630 SAWMILL ROAD, SITE PLAN," "MOO MOO, 7630 SAWMILL ROAD, LANDSCAPING PLAN," and "MOO MOO, 7630 SAWMILL ROAD, ELEVATION," and text titled, "DEVELOPMENT TEXT," all signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated October 13, 2009, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
0.604 +/- ACRES
EXISTING ZONING: C-2, Commercial
PROPOSED ZONING: CPD, Commercial Planned Development
PROPERTY ADDRESS: 7630 Sawmill Road, Columbus, OH 43016
OWNER: SDB Investments I LLC c/o David B. Perry, Agent, The David Perry Co., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215.
APPLICANT: Moo Moo Sawmill LLC c/o David B. Perry, Agent, The David Perry Co., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215.
DATE OF TEXT: 10/13/09
APPLICATION NUMBER: Z09-023
1. INTRODUCTION: The 0.604 +/- acre site is located at the southeast corner of Sawmill Road and Summer Drive and is zoned C-2, Commercial. Applicant proposes to develop the site with a car wash. The car wash shall be a single lane car wash operated by on-site employee attendant(s) present at all times the car wash is open for business. The site plan titled "Moo Moo, 7630 Sawmill Road, Site Plan" dated October 13, 2009, landscaping plan titled "Moo Moo, 7630 Sawmill Road, Landscaping Plan" dated October 13, 2009, and building elevation titled "Moo Moo, 7630 Sawmill Road, Elevation" dated October 13, 2009, hereinafter the "Site Plan", "Landscaping Plan" and "Elevation", respectively, are submitted as the development plan for a car wash.
2. PERMITTED USES: All uses of Chapter 3353, C-2, Commercial District and a car wash.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Site Plan, Landscaping Plan and Elevation, applicable for development of a car wash, or in this written text, the applicable development standards shall be those standards contained in Chapter 3357, C-5, Commercial District, of the Columbus City Code. If the property is used for a C-2, Commercial District Use, the applicable development standards shall be those standards contained in Chapter 3353, C-2, Commercial District.
A). Density, Height, Lot and/or Setback commitments.
Redevelopment of the site with a car wash shall be as depicted on the submitted Site Plan, Landscaping Plan and Elevations. Development standards of the Zoning Code shall apply to use of the property for uses of the C-2 District.
B.) Access, Loading, Parking and/or other Traffic related commitments.
1. Redevelopment of the site with a car wash shall be as depicted on the submitted Site Plan, Landscaping Plan and Elevation. Development standards of the Zoning Code shall apply to use of the property for uses of the C-2 District.
2. Sawmill Road right of way dedication totaling 60 feet from centerline shall be provided in conjunction with the Site Plan Compliance Review submittal.
C.) Buffering, Landscaping, Open Space and/or Screening Commitments:
1. Landscaping requirements shall be as depicted on the Landscaping Plan, if the site is developed with a car wash, which depicts landscaping exceeding the requirements of the Sawmill Road Regional Commercial Overlay.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months with landscape materials per the original requirements.
3. One tree shall be planted on-site for every ten (10) parking spaces which shall count toward satisfying the interior tree requirement of Chapter 3342 of the Columbus City Code.
4. Street trees shall be provided in the Sawmill Road right of way at 30 feet on center or at the spacing of the established pattern, but not less than 30 feet on center. Developer will contact City Forester to determine appropriate street tree species recommendation.
5. Minimum tree sizes at installation: deciduous trees, 2 1/2" caliper, ornamental trees 1 ½" inch caliper; evergreen five (5) feet in height.
D.) Building design and/or Interior-Exterior treatment commitments.
Redevelopment of the site with a car wash shall be as depicted on the submitted Elevations. Development standards of the Zoning Code shall apply to use of the property for uses of the C-2 District.
E.) Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All non-decorative lighting shall be down lighting (cut off fixtures).
2. All external outdoor lighting fixtures within a given area shall be from the same or similar manufacturer's type to insure compatibility.
3. Parking lot lighting standards shall not exceed twenty (20) feet in height.
4. Pole mounted parking lot lighting shall be placed in raised islands or medians to protect both lights and vehicles from damage.
5. Wiring within a development shall be underground, unless an applicable utility directs or requires wires to be above ground.
F.) Graphics and Signage commitments.
1. 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-5, Commercial District, if the site is developed with a car wash, or the C-2 Commercial District, if developed with a C-2, Commercial District Use, in addition to compliance with the Graphics Standards of the Sawmill Road Regional Commercial Overlay. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
G). Other CPD Requirements.
1. Natural Environment: The site is located at the southeast corner of Sawmill Road and Summer Drive. The natural environment of the site is flat. The Sawmill Road corridor is developed with intense commercial uses.
2. Existing Land Use: The property is developed. The existing building will be razed with redevelopment of the site.
3. Circulation: Access to and from the site will be via a curbcut on Summer Drive and with internal circulation as depicted on the Plan.
4. Visual Form of the Environment: The area surrounding the site is zoned and developed with commercial uses.
5. Visibility: Sawmill Road is an arterial right of way. The site will be visible from Sawmill Road and Summer Drive.
6. Proposed Development: A car wash.
7. Behavior Patterns: Vehicular access will be from Summer Drive, as depicted on the Plan. Site development for a car wash will be as depicted on the submitted site plan (Plan).
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 3357.04 Building Lines in Highway Oriented Commercial Districts, to reduce the Summer Drive building setback line from 25 feet to 10 feet for location of a dumpster and eight (8) foot tall screen fence around the dumpster, and to reduce the Sawmill Road building setback line from 60 feet (4-2 arterial) to 10 feet for two (2) nine (9) foot tall pay stations for the car wash located as depicted on the Plan.
2. Section 3342.07, Drive-in Stacking Area, to reduce the required number of stacking spaces for 2 pickup units (pay stations) from 12 to 10.
3. Section 3372.809(D), Parking and Circulation, which Section limits pavement in front of a single use on 2 acres or less to 2 rows of parking and one, two (2) way maneuvering aisle in front of the building, while the car wash site plan also has queuing lanes for the carwash in front of the building.
I.) Miscellaneous commitments.
1. Development of the site with a car wash shall be in accordance with the site plan titled "Moo Moo, 7630 Sawmill Road, Site Plan", landscaping plan titled "Moo Moo, 7630 Sawmill Road, Landscaping Plan" and "Moo Moo 7630 Sawmill Road, "Elevation", dated October 13, 2009 and signed October 13 by David B. Perry, Agent, and Donald Plank, Attorney. The Plan 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 Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. At least one (1) attendant shall be on duty at all times during operating hours of the car wash.
3. A bicycle parking area shall be provided.
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.