Explanation
Rezoning Application Z05-077
APPLICANT: Pizza Hut of America; c/o Jeffery L. Brown.; Smith and Hale, LLP; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 8, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow development that is consistent with the zoning and development patterns of the area. The proposed building facades reflect the Urban Commercial Overlay objectives and serve to improve the architectural aesthetics of the Parsons Avenue urban commercial corridor. The proposed development strives for full compliance with the Urban Commercial Overlay, requesting variances only to permit parking at the side of the building and to allow part of the building to have a setback of 14 feet.
Title
To rezone 1076 PARSONS AVENUE (43206), being 0.620.40± acres located at the northeast corner of Parsons Avenue and Stewart Avenue, From: C-4, Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z05-077).
Body
WHEREAS, application #Z05-077 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.620.40± acres from the C-4, Commercial District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; 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; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District, would allow development that is consistent with the zoning and development patterns of the area. The proposed building facades reflect the Urban Commercial Overlay objectives and serve to improve the architectural aesthetics of the Parsons Avenue urban commercial corridor. The proposed development strives for full compliance with the Urban Commercial Overlay, requesting variances only to permit parking at the side of the building and to allow part of the building to have a setback of 14 feet, 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:
1076 PARSONS AVENUE (43206), being 0.620.40± acres located at the northeast corner of Parsons Avenue and Stewart Avenue, and being more particularly described as follows:
Situated in the City Columbus, County of Franklin, State of Ohio and known as being all of Lots 1, 2 and 3 of L. D. Davies Subdivision as recorded Plat Book 4, Page 83, part of Lot 366 and all of Lot 367 of Blesch and Kremers Subdivision as recorded in Book 4, Page 307, also being a all of a 7 foot alley (to be vacated between Parsons Ave., 60 feet wide and Lisle Alley, 20 feet wide, as shown on said plat of L.D. Davies Subdivision), also known as being all the residue of the parcel of land conveyed to Jerry N. Laird as recorded in Deed Book 16466, Page 7 and Instrument No. 200308260270637 of said Franklin County's records, and being further bounded and described as follows:
Commencing at a Drill Hole set at the southwest corner of said Lot 1 and at the intersection of east right of way line of Parsons Ave. (60 feet wide) and the north right of way line of Stewart Ave. (50 feet wide), said Drill Hole also being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following six (6) courses and distances:
1) Thence along said east right of way line and the west line of said Lots 1, 2, 3, 367 and 366, N 3º 38' 19" E for a distance of 141.04 feet to Drill Hole set on a concrete wall, passing over a 1/2 inch pipe found at a distance of 69.06 feet;
2) Thence with a new line through said Lot 366, S 86º 21' 41" E for a distance of 120.00 feet to a 5/8" rebar with "GPD" cap set on the east line of said Lot 366 and on the west right of way line of Lisle Alley (20 feet wide);
3) Thence along the east line of said Lots 366, 367 and said west right of way line,
S 3º 38' 19" W for a distance of 39.31 feet to a 5/8 inch rebar with cap "GPD" set on north line of said Lot 3, passing over 3/4 inch pinch top pipe found at a distance of 4.24 feet;
4) Thence along said north line, S 86º 19' 32" E for a distance of 5.00 feet to a 5/8 inch rebar with cap "GPD" set at the northeast corner of said Lot 3 and on the said west right of way line;
5) Thence along the east line of said Lots 1, 2, 3 and said west right of way line,
S 3º 38' 19" W for a distance of 101.72 feet to a Mag Nail set at the southeast corner of said Lot 1 and on the north right of way line of said Stewart Avenue;
6) Thence along the south line of said Lot 1 and said north right of way line,
N 86º 21' 41" W for a distance of 125.00 feet to the True Place of Beginning and containing 0.4002 acres (17,433 s.f.) of land, of which 0.0956 acres is all of Lot 1 (PID 010-012825), 0.1007 acres is all of Lot 2 (PID 010-061487), 0.0957 acres is all of Lot 3 (PID 010-021133), 0.0117 acres is all the residue of Lot 366 (PID 010-016860), 0.0772 is all of Lot 367 (PID 010-054343) and 0.0193 acres is part of an alley, more or less, and subject to all easements, restrictions and covenants of record as surveyed under the supervision of James E. Karing, P.S. Number 7539, for GPD Associates, in November of 2005.
Basis of Bearing is State Plane Grid North, Ohio North Zone, NAD 1983.
To Rezone From: C-4, 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, "PRELIMINARY SITE PLAN OPTION #2", "LANDSCAPING PLAN", "EXTERIOR ELEVATIONS A4.0", "EXTERIOR ELEVATIONS A4.1", signed by Jeffery L. Brown, attorney for the Applicant, and dated January 13, 2006; and text titled, "CPD TEXT," signed by Jeffery L. Brown, and dated April 10, 2006; and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned District
PROPERTY ADDRESS: 1076 Parson Avenue
OWNER: Jerry N. Laird
APPLICANT: Pizza Hut of America, Inc.
DATE OF TEXT: 4/10/06
APPLICATION NUMBER: Z05-077
1. INTRODUCTION: The site is currently zoned C-4. The applicant wants to redevelop the site with a free standing carry-out and delivery store.
2. PERMITTED USES: The only permitted uses are those contained in Chapter 3356, C-4, Commercial District of the Columbus City Code and a carry-out and delivery store.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted written text, the applicable development standards shall be those contained in Chapter 3356, C-4, Commercial District of the Columbus City Code.
A. Density, Lot, and/or Setback Commitments.
1. Parking setbacks shall be 10 feet from Stewart Avenue.
2. Building setback shall be a minimum of ten feet from Parsons Avenue and five feet from Stewart Avenue. For structures and paved areas including sidewalks, lot coverage shall not exceed 85%.
B. Parking Standards, Access, and Traffic:
1. All circulation, curb cuts and access points 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 a five foot fence along the alley as shown on the submitted site plan.
2. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
3. The minimum size of all trees at installation shall be 2 1/2 inch caliper for deciduous, 5 feet in height for evergreen, 1 1/2 inch caliper for ornamental and 2 gallon containers for shrubbery. Tree caliper is measured 6 inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1 The building shall be developed in accordance with the submitted building elevations. The building elevations may be slightly adjusted to reflect engineering, building material or other site data developed at the time that development, engineering and building plans are completed. Any slight adjustment to the elevations 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.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Light poles shall not exceed 18 feet in height and shall be cutoff style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type and color to ensure aesthetic compatibility.
3. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any off-site light spillage.
F. Graphics and/or Signage Commitments.
1. 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.
G. Miscellaneous Commitments.
The Subject Site shall be developed in accordance with the Site Plan and Landscaping Plan. The Plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the Plans 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.
1. CPD Criteria:
A. NATURAL ENVIRONMENT: The site is currently developed with commercial buildings.
B. EXISTING LAND USES: To the north additional commercial development; to the east across the alley residential development; to the south and west across Parsons Avenue and Stewart Avenue respectively commercial development.
C. TRANSPORTATION AND CIRCULATION: Access shall be from both Stewart Avenue and the alley.
D. VISUAL FORM OF THE ENVIRONMENT: See the development text.
E. VIEW AND VISIBILITY: In the development of the subject property and in the location of the buildings and access points, consideration will be given to the visibility and safety of the motorist and pedestrian.
F. PROPOSED DEVELOPMENT: Carry-out and delivery store.
G. EMISSIONS: No adverse effects from the emissions shall result from the proposed development.
2. Variances:
A. Columbus City Code Section 3372.609(A) to permit the northwest corner of the building to exceed the maximum 10 foot setback requirement by approximately 4 feet.
B. Columbus City Code Section 3372.611(C) to permit a portion of the parking spaces to be located to the side of the building.
C. Columbus City Code Section3372.611(F) to permit the dumpster to be located away from the rear of the building.
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.