Explanation
Rezoning Application Z14-020
APPLICANT: 2539 Billingsley Road LLC; c/o Jeffrey L. Brown, Attorney; Smith & Hale LLC; 37 West Broad Street, Suite 460; Columbus, Ohio 43215.
PROPOSED USE: Expansion of parking lot and building of automobile dealership.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-0-1) on July 10, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with an automobile dealership and zoned in the L-C-4, Limited Commercial District. The requested CPD, Commercial Planned Development District will permit the parking area to expand into the 200 foot parking setback along Billingsley Road and an addition of a carwash within the 400 foot building setback from Billingsley Road. The site is within the planning area of the Northwest Plan (2007), which does not have a specific land use recommendation for this area. The CPD text includes permitted uses and commits to a site plan. A variance to maneuvering is also included. With the proposed development standards, the request is consistent with the zoning and development pattern of the area.
Title
To rezone 2539 BILLINGSLEY ROAD (43235), being 10.1± acres located on the south side of Billingsley Road, 1,700± feet east of Sawmill Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z14-020).
Body
WHEREAS, application #Z14-020 is on file with the Department of Building and Zoning Services requesting rezoning of 10.1± acres from L-C-4, Limited Commercial 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 request will allow limited commercial development and the applicant intends to expand the existing parking area and add a car wash to the site. The request is consistent with the zoning and development pattern of the area; 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; 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:
2539 BILLINGSLEY ROAD (43235), being 10.1± acres located on the south side of Billingsley Road, 1,700± feet east of Sawmill Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, part of Lot No. 9 of Tuller's Survey in Quarter Township 1, Township 2, Range 19, United States Military Lands, being 10.123 acres of land conveyed to Tom Gill Oldsmobile, Inc. in Official Record Volume 12105 B05 and 13578 D15 (all references refer to records in the Franklin County Recorder's Office, Franklin County, Ohio), and being more fully described as follows:
Beginning for reference at the centerline intersection of Billingsley Road and Shirlington Drive;
Thence South 89 deg. 04' 36" East, a distance of 2.94 feet, along the centerline of said Billingsley Road, to an existing railroad spike at the northeast property corner of said Tom Gill Oldsmobile, Inc. being the Point of Beginning;
Thence South 0 deg. 31' 00" East, a distance of 987.08 feet, passing over an existing iron pin at 20.58 feet along the easterly property line of said Tom Gill Oldsmobile, Inc. and the westerly property line of Byers Realty, Inc. (Instru. 199905070116439), to an existing iron pin in the northerly right of way of Interstate 270;
Thence South 83 deg. 42' 08" West a distance of 449.82 feet, along the northerly right of way of said Interstate 270, to an existing iron pin at the southwest property corner of said Tom Gill Oldsmobile, Inc. and the southeast property corner of Storage Equities, Inc. (ORV 5763 J06);
Thence North 0 deg. 39' 30" East a distance of 68.47 feet, along the westerly property line of said Tom Gill Oldsmobile, Inc. and the easterly property line of said Storage Equities, Inc., to an existing iron pin at the northeast property corner of said Storage Equities, Inc. and the southeast property corner of Sumar Investment Co. Ltd. (DB 3609, Pg. 785);
Thence North 0 deg. 56' 04" East a distance of 974.83 feet, along the westerly property line of said Tom Gill Oldsmobile, Inc. and the easterly property line of said Sumar Investment Co. Ltd., to a railroad spike set in the centerline of said Billingsley Road;
Thence South 89 deg. 04' 36" East a distance of 421.57 feet, along the centerline of said Billingsley Road, to the Point of Beginning containing 10.123 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in November of 1999.
Bearings were based upon the easterly property line of the above tract as described in ORV 12105 B05; bearing South 0 deg. 31' 00" East and all other bearings based upon this meridian.
To Rezone From: L-C-4, Limited 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 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 plan being titled, "SITE PLAN," and text titled "TEXT," both signed by Jeffrey L. Brown, Attorney for the Applicant, dated July 28, 2014, and the text reading as follows:
TEXT
PROPOSED DISTRICTS: CPD Commercial Planned Development
PROPERTY ADDRESS: 2539 Billingsley Road
OWNER: 2539 Billingsley Road LLC
APPLICANT: 2539 Billingsley Road LLC
DATE OF TEXT: 7/28/14
APPLICATION: Z14-020
1. INTRODUCTION: The site is on the south side of Billingsley Road east of Sawmill Road. The site contains an automobile dealership. The business wants to expand its parking area and add a car wash for its customers.
2. PERMITTED USES: Permitted uses: automobile sale, leasing and rentals, automotive maintenance and repair. Used cars may be sold only in connection with new automobile sales.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards are contained in Chapter 3356 C-4, Commercial District of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements
1. The building and parking setback from I-270 shall be forty feet.
2. The building and parking setback from the east and west property line shall be five feet. Exception: if the property to the west is developed with an automobile dealership, then there shall be no setback requirement for building or parking along the west property line.
3. The parking setback from Billingsley Road is shown on the submitted site plan. Three display pads may be located within the parking setback area.
4. The building setback from Billingsley Road shall be 400 feet except that two buildings (one of the buildings may straddle the 400 foot building setback line) may be located between 200 and 400 feet from Billingsley Road. These two buildings shall not be used for repair work and the total square footage of the two buildings shall not exceed 10,000 sq. ft.
5. The maximum height for buildings shall be 35 feet within 300 feet of Billingsley Road.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. The site has two access points to Billingsley Road.
2. If the Department of Public Service determines that traffic safety is adversely affected due to the widening of Billingsley Road and the traffic movements associated with the east access point to Billingsley Road, then the east access point to Billingsley Road shall be restricted to exit only turning movements.
3. Maneuvering area for parking spaces may be eliminated to permit stacked spaces.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The frontage along Billingsley Road shall be landscaped as shown on the submitted site plan.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. No outside speakers shall be permitted.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments: N/A
F. Graphics and Signage Commitments
Graphics shall be in conformance with Article 15 of the Columbus Graphics Code as it applies to the C-4 Commercial District and except that no off premise nor billboards shall be permitted. Any variance to the permitted graphics shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. Utilities: All utility lines for the development shall be installed underground.
2. CPD Criteria
a) Natural Environmental
The site is developed with an automobile dealership.
b) Existing Land Use
Automobile dealership.
c) Transportation and Circulation
The site shall have access to Billingsley Road.
d) Visual Form of the Environment
The proposed development will be compatible to the existing development of the site.
e) View and Visibility
The existing curbcuts provide appropriate visibility for the motorists along Billingsley Road.
f) Proposed Development
Commercial
g) Behavior Pattern
Existing development and traffic patterns will not change with the proposed additional development.
h) Emission
The proposed development will not have an adverse effect on light, sounds, smell and dust levels.
3. Site Plan
The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of 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 or her designee upon submission of the appropriate data regarding the proposed adjustment.
4. Variance
Section 3312.25 Maneuvering: to permit stacked parking spaces.
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.