Explanation
Rezoning Application Z10-009
APPLICANT: Yan Hui Wada; c/o Behzad Vedaie, 1415 East Dublin-Granville Road, Suite 104; Columbus, OH 43229.
PROPOSED USE: Revising allowed commercial uses.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on June 10, 2010.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit the reuse of the existing building with one restaurant. The current CPD Text requires two restaurants in the buildings. Staff supports allowing existing 10 space parking variance. The request is consistent with the established zoning and development patterns of the area.
Title
To rezone 876 BETHEL ROAD (43214), being 1.1± acres located on the north side of Bethel Road, 1175± feet west of Olentangy River Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z10-009)
Body
WHEREAS, application #Z10-009 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.1± acres from the CPD, Commercial Planned Development District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because the requested CPD, Commercial Planned Development District would permit the reuse of the existing building with one restaurant. The current CPD Text requires two restaurants in the buildings. Staff supports allowing existing 10 space parking variance. The request is consistent with the established zoning and development patterns of 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:
876 BETHEL ROAD (43214), being 1.1± acres located on the north side of Bethel Road, 1175± feet west of Olentangy River Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2, Range 18, United States Military Lands, being part of a 1.129 acre tract conveyed to Holding Corporation of Ohio of record in Official Record 31218J1O, all references being to records in the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing at the Franklin County Monument Box No. 1137 found at the intersection of Bethel
Road, (120 feet wide) with Olentangy River Road.
Thence North 87° 14' 52" West, 1428.72 feet to a point on the centerline of said Bethel Road at
Station 185 + 43.31 (passing a Franklin County Monument Box No. 1176 at Station 189 + 50.00);
Thence North 02° 54' 08" East, 60.00 feet to a set iron pin in the north right-of-way line of said
Bethel Road and the southeast corner of the 0.2518 acre tract (3rd Parcel) conveyed to John R.
Scott of record in Deed Book 3775, page 868, also the southwesterly corner of said 1.129 acre tract
and the TRUE POINT OF BEGINNING of this description;
Thence, along the westerly line of said 1.129 acre tract (easterly line of said 0.2518 acre tract),
North 02° 53' 37" East, 281.16 feet to a point in the southerly line of Lot 41 of SHARON HILL
SUBDNISION No.4, as the same is numbered and delineated upon the recorded plat thereof, of
record in Plat Book 31, page 33, said point being referenced by a found 3/4 inch iron pipe 0.88 feet
northerly of said point;
Thence, across said 1.129 acre tract and along part of the southerly line of said Lot 41 and along
the southerly line of Lot 42 of said subdivision, South 86° 56' 15" East, 142.94 feet to a 1" found
iron pipe at the southeast corner of said subdivision and the southwest corner of the 8.412 acre
tract conveyed to Billie E. Hazelbaker as shown of record in Official Record 1145FO1;
Thence, continuing across said 1.129 acre tract and along part of the southerly line of said 8.412
acre tract as established by a survey performed by Roger P. Arnold, Professional Surveyor 6065,
North 89° 36' 36" East, 31.49 feet to a point, said point being referenced by a found 1" iron pin 0.48
feet westerly therefrom;
Thence, along the easterly line of said 1.129 acre tract and the westerly line of the 1.57 acre tract conveyed to the Robert N. and Olga R. Yarrington as shown of record in Deed Book 2599, page 93, South 02° 53'37" West, 282.11 feet to a set iron pin on the northerly right-of-way line of said Bethel Road and the southeasterly corner of said 1.129 acre tract (passing found 1" iron pins at 116.0 feet and 212.04 feet);
Thence, along the southerly line of said 1.129 acre tract and the northerly line of said Bethel Road, North 87° 14' 52" West, 174.38 feet to the place of beginning, containing 1.124 acres, more or less.
Together with the non-exclusive beneficial easement for access and ingress and egress as set forth in that certain Reciprocal Easement Agreement ofrecord in Official Record 34473H09.
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 changes on the said original zoning map in the office of the Building and Zoning Services Department 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, "REZONING OF PROPERTY AT BETHEL ROAD," signed by Behzad Vedaie, Engineer and dated June 29, 2010 and text titled, "CPD TEXT," signed by Yun Hui Wada, Applicant and dated July 2, 2010, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD (Commercial Planned District)
PROPERTY ADDRESS: 876 - 878 BETHEL RD COLUMBUS, OH 43220
OWNER: CNL Net Lease Funding 2001, LP
C/O GE Capital
450 South Orange Avenue ,11th Floor
Orlando, FL 32801
APPLICANT: Yun Hui Wada
114 Jackson Hole Dr. - Blacklick, Ohio 43004.
DATE OF TEXT: 7/2/2010
APPLICATION NUMBER: Z10-009
INTRODUCTION
Cnl Net Lease Funding 2001, LP as the owner of property located at 876 -878 Bethel Road is requesting to rezone the existing CPD (Commercial Planned District) to a new CPD with a modified zoning text allowing a single restaurant rather than two separate restaurants at this property. All elements of the proposed CPD will remain the same as previously zoned except for permitting restaurant use in the C-4 zoning district.
PERMITTED USES:
The use of this site will be those allowed by proposed CPD in C-4 zoning district limited to restaurant use.
DEVELOPMENT STANDARDS:
1. Unless otherwise indicated in this text, the applicable development standards of Chapter 3353 C-4 Commercial District of the Columbus City codes shall apply.
A. Density, Lot, and/or Setback Commitments
1. Set back line for parking is 25 feet from the Bethel Road right-of-way. Within the 25feet setback area, there is a 25 foot landscaped buffer.
B. Access, Loading, Parking, and/or Other Traffic Related Conditions.
1. The access at Bethel Rd will be "right in" and "right out" only at the east curb cut.
2. The required parking spaces for a restaurant use under section 3342.28 of the Columbus City Code is (1) per 75 square feet of building floor space. The current dimensions the restaurant would require 62 parking spaces. The applicant intends to keep the 52 parking spaces which will constitute a reduction of 10 parking spaces from the code requirements.
C. Buffering, Landscaping, Open Spaces, and/or Screening Commitments.
1. Any surface parking lot area adjacent to public right-of-way shall be screened to a minimum of 30" in height by continuous planting, wood rail fence, wall or earth mound or any combination thereof. Along Bethel Road the use of such fencing and hedge shall have a minimum of 15 foot setback from the right-of-way. Any hedge at full height shall be equal to the height of any wood fence rail.
2. Any surface parking lot area adjacent to a residentially zoned property shall be completely screened for a total height of not less than eight feet. Screening shall include a wood fence, landscaped earthen mound, wall planting or a combination thereof as part of the existing condition.
3. Existing site elements will be maintained and there will not be any modification to existing parking lot and landscaping areas.
4. The existing dumpster in the back parking area will be fully enclosed and screened by masonry walls from all adjoining uses and the right-of-way. One side of existing dumpsters is screened by a movable gate system.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The existing building foot print will not change.
2. The existing structure will not be expanded or razed.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. Existing outside lights used to illuminate the parking lot will be maintained and will be shielded to prevent glare to the surrounding environment. No pole lighting standards shall exceed 24 feet in height.
2. Any outside lights will be recessed and aimed downward to prevent glare to the street.
3. Any accent lighting shall be directed toward the building, signage or landscaping area shall not interfere with neighboring uses or right-of-way traffic.
F. Graphics and/or Signage Commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus Graphics Code as it applies to a CPD, except that only one sign on Bethel Road no higher than 15 feet shall be permitted.
2. Signage illumination will be controlled on the building so no light will project above or to rear.
3. No off premise graphics shall be permitted. Existing signage on site will be used at minimum.
4. Any variance to these requirements will be submitted to the Columbus Graphics Commission for consideration.
F. Site Commitments.
The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted (if needed) 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 Development 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.