Explanation
REZONING APPLICATION: Z03-067
APPLICANT: Jeremy T. Letzelter; c/o Nick Cavalaris, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Used motor vehicle sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 9, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Staff supports the proposed used automobile dealership in the L-C-4, Limited Commercial District because the limitation text provides customary use restrictions and in consideration of single-family dwellings located to the south, provides development standards that address site access, rear lot line building and parking setbacks, buffering, screening and lighting restrictions.
Title
To rezone 3541 REFUGEE ROAD (43232), being 1.87± acres located on the south side of Refugee Road, 440± feet east of Weyburn Road, From R, Rural District, To L-C-4, Limited Commercial District (Z03-067).
Body
WHEREAS, application #Z03-067 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.87± acres, From R, Rural District, To L-C-4, Limited Manufacturing District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change to allow used motor vehicle sales in the L-C-4, Limited Commercial District because the limitation text provides customary use restrictions and, in consideration of single-family dwellings located to the south, provides development standards that address site access, rear lot line building and parking setbacks, buffering, screening and lighting restrictions; 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:
3541 REFUGEE ROAD (43232), being 1.87± acres located on the south side of Refugee Road, 440± feet east of Weyburn Road, and being more particularly described as follows:
Beginning at a point in the center line of Refugee Road, south 85 degrees and 46 minutes east, 1326.5 feet from the northwest corner of above mentioned 104.73 acre tract; thence on a line parallel to the west line of original tract, south 3 degrees and 49 minutes west, 919.47 feet to an iron pipe (passing an iron pipe at 30 feet); thence south 85 degrees and 46 minutes east 189.50 feet); thence with the center line of said road, north 85 degrees and 46 minutes west 189.50 feet to the place of beginning and containing 4.0 acres, more or less, subject to all legal highways, easements and right of ways.
Excepting there from the following:
Being part of section 5, township 11, range 21, Mathews survey, and being part of a 104.73 acre tract conveyed to M. Jeanette McDowell by deed shown of record in deed book 1203, page 185, recorders office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the center line of Refugee Road, south 85 degrees and 46 minutes east, 1421.25 feet from the northwest corner of above mentioned 104.73 acre tract; thence on a line parallel to the west line of original tract, south 3 degrees and 49 minutes west, 919.47 feet to an iron pipe (passing an iron pipe at 30 feet); thence south 85 degrees and 46 minutes east, 94.75 feet to an iron pipe; thence north 3 degrees and 49 minutes east, 919.47 feet to a point in the center line of Refugee Road (passing an iron pipe at 889.47 feet); thence with the center line of said road, north 85 degrees and 46 minutes west, 94.75 feet to the place of beginning and containing 2.0 acres, more or less, subject to all legal highways, easements and right of ways.
And further excepting there from the following:
Situated in the state of Ohio, County of Franklin, Madison township, township 11 north, range 21 west, congress lands, and being 0.1305 acres of lank out of the Pauline Vidu 2.0 acre tract as the same is shown of record in deed book 2040, page 245, recorder's office, Franklin county, Ohio and being more particularly described as follows:
Being a strip of land 60.00 feet in width, the width limits of said strip of land lying between the existing centerline and the proposed south right-of-way line of Refugee Road, said strip of land extending from the west line of the 2.0 acre tract, to the east line of said 2.0 acre of land, more or less, of which there is now contained in the present road occupation 0.0652 acres of land, more or less.
To Rezone From: R, Rural District,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-C-4, 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-4, 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", signed by Nick Cavalaris, Attorney for the Applicant, dated November 11, 2003, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-C-4, Limited Commercial District
PROPERTY ADDRESS: 3541 Refugee Road
OWNER: Terrence L. and Elizabeth A. Letzelter
APPLICANT: Terrence L. Letzelter
DATE OF TEXT: 11/11/03
APPLICATION NUMBER: Z03-067
1. INTRODUCTION: The 1.8 acre site is located on the south side of Refugee Road in Columbus. The site contains a one story single-family residence, two car garage and shed.
2. PERMITTED USES: Those uses permitted in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code, except the following uses: Animal Shelter, Kennel, Bar, Cabaret or Nightclub, Halfway House, Hospital, Supermarket and Veterinarian, billboards, dance hall, electric substations, massage parlor, pawn shop, poolroom.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or site plan the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
A. Density, Lot, and/or Setback Commitments.
1. The building setback from the south property line shall be 100 feet.
2. The parking setback from the south property line shall be 100 feet.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All curb cuts shall be subject to the approval of the Division of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The developer shall install one street tree per 40 feet along Refugee Road frontage.
2. Any development occurring within 200 feet of the south property line shall cause the developer to install two (2) rows of evergreen trees as a buffer containing a staggered row of evergreen trees spaced 12 feet apart on center. Evergreen trees shall be of a mixed variety and shall have a minimum height of 5 feet upon planting.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
4. All trees meet the following minimum size at the time of planting:
Shade trees, 2 .5" caliper; Ornamental trees, 1.5" caliper; Evergreen trees, 5 feet in height. Tree caliper is measured six (6) inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
N/A
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
3. Accent lighting shall be permitted provided such light source is concealed.
4. Lighting shall not exceed .1 foot - candle along the property line of a residentially zoned and used property.
5. Light standards shall not exceed 28 feet in height except lights located within 200 feet of a residentially zoned and used property shall not exceed 14 feet in height.
F. Graphics and/or Signage Commitments.
1. All graphics and signage for each use on the subject property shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4, Commercial classification, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
The developer shall comply with the parkland dedication ordinance by paying the City a fee of $400/acre.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.