Explanation
Rezoning Application Z13-062
APPLICANT: Tom Martin, ms consultants, inc.; 2221 Schrock Road, Columbus, Ohio 43229.
PROPOSED USE: Add drive-thru lane to existing restaurant.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on March 13, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will update the existing CPD Plan to allow a pick-up unit with drive-thru lane for an existing restaurant. The CPD text commits to a site plan, and includes use restrictions, setbacks, and landscaping. Variances for the proposed drive-thru lane crossing a parcel line, a reduction in the minimum number of parking spaces, and existing reduced parking lot landscaping and setbacks are included in the request. The site is within the planning area boundaries of the Northland I Plan (2014), which recommends community commercial uses for this location. With the proposed commitments within the CPD plan and text, the request is compatible with the established zoning and development pattern of the area.
Title
To rezone 2255 EAST DUBLIN-GRANVILLE ROAD (43229), being 1.14± acres located at the southwest corner of East Dublin-Granville Road and Parkville Street, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z13-062).
Body
WHEREAS, application #Z13-062 is on file with the Department of Building and Zoning Services requesting rezoning of 1.14± acres from CPD, Commercial Planned Development 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 requested CPD, Commercial Planned Development District, which will allow a pick-up unit with drive-thru lane for an existing restaurant, is consistent with the established 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:
2255 EAST DUBLIN-GRANVILLE ROAD (43229), being 1.14± acres located at the southwest corner of East Dublin-Granville Road and Parkville Street, and being more particularly described as follows:
PARCEL ONE - 010010554
Situated in the State of Ohio, County of Franklin, and City of Columbus, and more particularly bounded and described as follows:
Being located in Section 4, Township 2, Range 18, United States Military Lands and being part 38.583 acre tract conveyed to Ludo and Gloria A. Bevilacqua by deed of record in Deed Book 2521, Page 96, all references refer to the records of the Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at the intersection of the southerly right-of-way line of State Route 161 (as said right-of-way was conveyed to the State of Ohio, by deed of record in Deed Book 3026, Page 601), with the westerly right-of way line of Parkville Street (as said right-of-way was dedicated by plat of record in Plat Book 41, Page 51);
thence continuing along said westerly right-of-way line of Parkville Street South 28° 22' 50" East, 32.82 feet to an angle point in said right-of-way line;
thence continuing along said right-of-way line South 16° 37' 10" West (being 30 feet westerly, as measured at right angles and parallel to the centerline of Parkville Street), 95.37 feet to a point;
thence North 73° 22' 50" West, 189.98 feet to a point;
thence North 57° 59' East, 115.96 feet to a point;
thence North 16° 10' 44" East, 44.00 feet to a point in the southerly right-of-way line of State Route 161;
thence along said southerly right-of-way line of State Route 161, South 65° 30' 55" East, 91.00 feet to the place of beginning, containing 0.392 acre (17,067 sqare feet), more or less.
PARCEL TWO - 010143760
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, being all of the remainder of that tract conveyed to Ludo and Gloria A. Bevilacqua by deed of record in Deed Book 2521, Page 96 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at the intersection of the southerly right-of-way line of Dublin-Granville Road (State Route 161) with the westerly line of Parkville Street;
thence with said westerly right-of-way line the following courses and distances:
South 16° 37' 10" West, a distance of 95.37 feet to an iron pin found at a point of curvature to the left, the True Point of Beginning for this description; and
with the arc of said curve (Delta = 11° 09' 03", Radius = 870.00 feet) a chord bearing and distance of South 11° 02' 33" West, 169.05 feet to an iron pin found at a northeasterly corner of that tract conveyed to Granville Village Apartments, Inc. by deed of record in Instrument Number 200101100006784;
thence North 59° 50' 50" West, with a northerly line of said Granville Village Apartments, Inc. tract, a distance of 301.53 feet to a rebar found at a southeasterly corner of that tract conveyed to Ludo and Gloria A. Bevilacqua by deed of record in Deed Book 3578, Page 669;
thence North 58° 50' 10" East, with a easterly line of said Bevilacqua tract (Deed Book 3578, Page 669), a distance of 97.95 feet to a rebar found;
thence North 56° 23' 44" East, continuing with said easterly line, a distance of 32.72 feet to an iron pin set at a southwesterly corner of that tract conveyed to Ludo and Gloria A. Bevilacqua by deed of record in Deed Book 3578, Page 666;
thence South 73° 22' 50" East, with the southerly line of said Bevilacqua tract (Deed Book 3578, Page 666), a distance of 189.98 feet to the True Point of Beginning, containing 0.754 acre of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inch long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings for this description are based on the same meridian as the bearings shown on the dedication plat entitled "Dedication and Extension of Parkville Street (in Granville Park)," of record in Plat Book 41, Page 51.
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 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 DIMENSION PLAN," and text titled, "CPD TEXT" both dated March 13, 2014, and signed by Christopher A. Rinehart, Attorney for the Applicant, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development District
EXISTING DISTRICT: CPD, Commercial Planned Development District
PARCEL(S): 010-010554 (0.392 acres) and 010-143760 (0.754 acres)
PROPERTY ADDRESS: 2255 E Dublin-Granville Road, Columbus, OH 43229
OWNER(S): BL&G LLC; 5390 Cleveland Ave.; Columbus, OH 43231
APPLICANT: ms consultants, inc.; 2221 Schrock Road; Columbus, OH 43229
DATE OF TEXT: March 13, 2014
APPLICATION NUMBER: Z13-062 (13335-00000-00868)
INTRODUCTION: The site for rezoning is located in southwest corner of the intersection of Dublin-Granville Road and Parkville Street. The existing site is a Dunkin Donuts Restaurant at approximately 0.392 acres with an adjacent site to the south consisting of a commercial building at approximately 0.754 acres. The same property owner owns both commercial parcels. This is a highly commercialized intersection. West of the Dunkin Donuts' site and south of Dublin-Granville Road is a Taco Bell Restaurant zoned CPD. On the southeast side of the intersection is a vacant restaurant zoned CPD. South of the site is an apartment complex zoned AR-1. Currently the traffic enters the site from the frontage road south of Dublin-Granville Road and from Parkville Street. After rezoning is complete, the existing Dunkin Donuts site will be modified, but the existing building footprint will not be changing. The modifications will include a drive-through lane and bypass lane, the reduction in the number of parking spaces in front of the building and east of the building to accommodate the drive-through lane. The additional parking spaces needed to meet the required parking count will be provided on the adjacent parcel to the south. The aisle east of the building and west of Parkville Street will become one-way, changing the angle of the parking spaces on the east side of the building and west of Parkville Street, and relocating the storage shed west of the building as shown on the site plan.
1. PERMITTED USES: With a CPD, commercial planned development district, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended, or designed to be used for other than a use permitted in the C-4 commercial district. The standards applicable in those districts shall not be applicable to uses permitted in the CPD, commercial planned district, except as they may be contained in the development plan as ultimately approved. The following uses are specifically prohibited and shall not be permitted on the property:
Assembly Hall
Auto rental, new or used
Auto repair (Garage)
Auto sales, new or used
Bar
Billboards, except for the one two-faced presently located on the premises
Bowling Alley
Business College
Cabaret
Cellular Telephone Towers
Commercial radio transmission or television station or appurtenances
Dance halls
Electric substation
Funeral Parlor
Hospital (public/private)
Hotel
Motel
Motion picture theater
Motor bus terminal
Newspaper printing
Night club
Off premise graphics
Pool Hall
Private club
Public parking for pay
Skating rink
Telephone substation
Testing or experimental laboratory
Trade School
2. DEVELOPMENT STANDARDS: Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code (C-4, Commercial District), Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standards.
A. Density, Lot and/or Setback Commitments.
1. For structures and paved areas lot coverage shall not exceed ninety percent (90%).
2. Building setback from East Dublin-Granville Road shall be a minimum of 110 feet measured from the centerline. Parking setback from the East Dublin-Granville Service Road shall be a minimum of 10 feet.
3. Building setback from Parkville Street shall be a minimum of 25 feet. Parking setback from Parkville Street shall be a minimum of 2 feet.
4. Height District shall be H-35, with a maximum absolute height, as defined (3303.08, Letter H., "Height") of thirty-five feet (35) feet.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. There shall be a drive-through lane with minimum width of 11 feet.
2. Applicable easements for the use and maintenance of the drive-through and by-pass lane on the property to the south shall be provided.
3. Applicable easements allowing access through the site to parking located in the rear of the building on the property to the south shall be provided.
4. There shall be a minimum of nine (9) standard parking spaces and one handicap space provided on the north parcel to serve the existing Dunkin Donuts Restaurant. The required parking spaces for this north parcel includes: twelve (12) standard parking spaces and one (1) handicap parking space. The three (3) additional parking spaces needed to meet the required parking count will be provided on the adjacent parcel to the south. The current property owner noted above owns both north and south parcels (PID: 010-010554 & 010-143760) and shall provide three (3) shared parking spaces to be used by both parcels. Refer to Site Dimension Plan, dated 03/13/2014.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Site landscaping shall be provided indicated in the general notes on the Site Dimension Plan.
2. Existing street trees shall remain as indicated on the Site Plan.
3. Additional perimeter landscaping and headlight screening will be provided along SR 161 / Service Frontage Road (north Property line) only to offset any perimeter landscaping not provided along Parkville Street (east property line). Refer to Site Dimension Plan , dated 03/13/2014.
D. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Wiring within the site shall be underground.
E. Graphics and/or Signage Commitments.
1. All proposed graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code, as it applies to the C-4 Commercial District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
F. Miscellaneous Commitments.
1. The site shall be developed in general conformance with the attached CPD Site Plan - Sheet C1 - Site Dimension Plan, dated 03/13/2014. This plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed. Any slight adjustment to the plans is subject to review and approval by the Director of the Department of Building and Zoning Services or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Variances Requested:
a. Variance to Section 3312.11, to allow drive-up stacking area and bypass lane to cross parcel lines as the two (2) parcels cannot be combined into one parcel
b. Variance to Sections 3312.21(A) and 3312.21(D), to maintain no interior landscaping, and to allow existing landscaping along Parkville Street to meet the requirements of this section.
c. Variance to Section 3312.25 to allow maneuvering area to cross parcel lines as the two (2) parcels cannot be combined into one parcel.
d. Variance to Section 3312.27(4), Parking setback line, to reduce the parking setback from ten (10) feet to two (2) feet along Parkville Street.
e. Variance to Section 3312.49(C) to allow less than minimum number of spaces for a eating and drinking establishments with pickup unit and seating.
G. CPD Criteria.
1. Natural Environment: The natural environment of the site is flat with the grade declining to the north and west. The site is located south of I-270 and Dublin-Granville Road.
2. Existing Land Use: The site is an existing Dunkin Donuts and mixed-commercial building and parking lots.
3. Circulation: Access to and from the site will be via the existing curbed driveway on the East Dublin-Granville Service Road. There will also be access to and from the site via the existing curb cuts along Parkville Street for the property to the south. Access to these curb cuts shall be by easement.
4. Visual Form of the Environment: The site is surrounded by commercially zoned properties to the east, west, and south. The visual form of the site after the improvements will not look much more different than before. The changes to the existing parking lot do not involve any demolition along the frontage to East Dublin-Granville Road and Parkville Street.
5. Visibility: Located in the southwest corner of the intersection of East Dublin-Granville Road and Parkville Street.
6. Proposed Development: Rezoning to CPD to permit development of drive-through lane for a Dunkin Donuts Restaurant and accessory uses, as depicted on the submitted site plan.
7. Behavior Patterns: Vehicular access onto the site will be from the East Dublin-Granville Service Road. The proposed development will change the current behavior patterns of the surrounding area as the drive-through lane will increase the number of vehicles on-site.
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.
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.