Explanation
REZONING APPLICATION: Z04-003
APPLICANT: Sky Bank.; c/o George V. Fisher, Atty.; Fisher & Skrobot, LLC; 400 East Town Street; Columbus, Ohio 43215.
PROPOSED USE: Bank.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 6, 2004.
CITY DEPARTMENTS' RECOMMENDATION: The requested CPD, Commercial Planned Development District to develop a bank is consistent with commercial zoning and development in this area. The CPD text includes appropriate use restrictions and development standards that address site access, building and parking setbacks, landscaping that includes street trees, lighting and graphics.
Title
To rezone 2146 HILLIARD-ROME ROAD (43026), being 0.81± acres located at the southeast corner of Hilliard-Rome Road and Nike Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Z04-003).
Body
WHEREAS, application #Z04-003 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.81± acres, from CPD, Commercial Planned Development District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin construction as soon as possible as the applicant has several pending deadlines in the purchase contract 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 to develop a bank is consistent with commercial zoning and development in this area. The CPD text includes appropriate use restrictions and development standards that address site access, building and parking setbacks, landscaping that includes street trees, lighting and graphics 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:
To rezone 2146 HILLIARD-ROME ROAD (43026), being 0.81± acres located at the southeast corner of Hilliard-Rome Road and Nike Drive, and being more particularly described as follows:
LEGAL DESCRIPTION OF 0.812 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being Virginia Military Survey Number 7065 being a portion of Lot 2 as the same is numbered and delineated upon the recorded plat of Walcutt Industrial Park, of record in Plat Book 45, Page 40, of the record in the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Rome-Hilliard Road and Nike Drive, as said intersection is designated and delineated upon said Recorded Plat of Walcutt Industrial Park;
Thence North 81º 30' 00" East with the centerline of Nike Drive, a distance of 160.00 feet to a point;
Thence South 08º 30' 00" East crossing said right-of-way of Nike Drive, a distance of 40.00 feet to an iron pipe found in the southerly right-of-way of said Nike Drive and the true point of beginning;
Thence with said right-of-way and the arc of a curve to the right having a radius of 1060.00 feet, a central angle of 04º 19' 42" and a chord that bears North 83º 39' 51" East, a chord distance of 80.06 feet to an iron pipe set;
Thence South 03º 30' 00" East, a distance of 196.98 feet to an iron pin set;
Thence South 81º 30' 00" West, a distance of 180.00 feet to a point on the easterly right-of-way of said Hilliard-Rome Road and an iron pin set;
Thence North 08º 30' 00" West with said right-of-way, a distance of 150.00 feet to an iron pin set and the point of curvature;
Thence with the arc of a curve to the right having a radius of 50.00 feet, a central angle of 90º 00' 00" and a chord that bears North 36º 29' 59" East, a chord distance of 70.71 feet to an iron pin set and a point on the southerly right-of-way of said Nike Drive;
Thence North 81º 30' 00" East with said right-of-way, a distance of 50.00 feet to the point of beginning, and containing 0.812 acres of land more or less.
Subject to all easements, restrictions and rights-of-way.
The above description was prepared by Civil Engineering Associates, Inc., Columbus, Ohio from an actual field survey. The basis of bearings for this description is North 08º 30' 00" West for the centerline of Hilliard-Rome Road and all other bearings calculated from this meridian.
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 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 "DEVELOMENT PLAN, SKYBANK, WEST COLUMBUS, OHIO" and "LANDSCAPE PLAN, SKYBANK, HILLIARD, OHIO," both dated May 6, 2004 and signed on May 20, 2004 by Steve Hermiller, engineer for the applicant, and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT" dated June 9, 2004 and signed by George V. Fisher, attorney for the applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPERTY ADDRESS: 2164 Hilliard-Rome Road
OWNER: Moto, Inc.
APPLICANT: Sky Bank
DATE: June 9, 2004
APPLICATION NUMBER: Z04-003
I. INTRODUCTION: The 0.812 acres subject to this rezoning request was rezoned to L-C-4 in 1995 to permit various retail uses, as was the nine acre site east and south of the subject property. In 1996, the subject property was rezoned again to CPD to permit a convenience store with gas sales; however, the site was never developed with this use. The applicant intends to develop a bank branch on the site. The site must be rezoned with a new CPD text and site plan to permit the new use.
II. PERMITTED USES: The uses permitted on the property shall be those listed in Columbus City Code Section 3355.02 (C-4, Commercial District) except that the following uses shall be prohibited: theater, auditorium, bar, off-premise graphics, off-track betting business, billiard or pool hall, bingo or similar games of chance, massage parlor, tattoo parlor, game arcade or amusement park, bowling alley, skating rink or skateboarding park, miniature golf course, automobile sales or a car wash, car repair or car rental agency, night club, all residential uses, including, without limitation, hotel and other lodging facilities and nursing homes and assisted living facilities, flea market , firearms sales and servicing and shooting ranges, meeting hall or other place of public assembly, school, including, without limitation, day care facilities and nursery schools, karate, judo or tai-kwan-do or other martial arts facility, gymnasium, health club, physical fitness facility or exercise or dance studio.
In addition, the following use is expressly prohibited for a period of ten (10) years after the date that this ordinance becomes law: Restaurant.
III. DEVELOPMENT STANDARDS: Except as otherwise listed in this Commercial Planned Development Text, the development standards contained in Columbus City Code Chapter 3355 for C-4, commercial District, shall apply to the property.
A. Density, Height, Lot and/or Setback Commitments
1. Building Setbacks: The minimum building setback line shall be as shown on the CPD Site Plan titled "DEVELOMENT PLAN, SKYBANK, WEST COLUMBUS, OHIO" (the "CPD Site Plan") dated May 6, 2004 and signed by Steve Hermiller, engineer for the applicant on May 20, 2004.
2. Parking Setbacks: The minimum parking setback line shall be as shown on the "CPD Site Plan."
B. Access, Loading, Parking and/or Other Traffic Related Commitments
1. Curb Cuts: Unless otherwise approved by the Transportation Division, the curb cuts shall be located as shown on the Site Plan.
2. Stacked Parking: Any bank branch or similar financial institution shall be limited to no more than three drive-through windows (including an automated teller machine). If three drive-through windows are provided for such an institution, the minimum total number of stacking spaces required to be provided shall be eighteen.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. Parking Setback: Within the parking setback along Hilliard-Rome Road and Nike Drive, an undulating grass mound at least 30" high shall be installed. The mound shall be substantially continuous except gaps may be permitted if plantings of a similar height are installed in the gaps. Mounding shall not interfere with vision clearance triangles.
2. Landscaping:
a. The landscaping required in this section and depicted on the landscaping plan titled "LANDSCAPE PLAN, SKYBANK, HILLIARD, OHIO" (the "Landscaping Plan"), dated May 6, 2004 and signed by Steve Hermiller, engineer for the applicant on May 20, 2004, shall count towards satisfying the landscaping requirements of Columbus City Code Chapter 3342.
b. Deciduous trees shall be planted every 35± feet on center within the parking setbacks along Hilliard-Rome Road and Nike Drive as depicted on the "Landscaping Plan."
c. The minimum size of any trees at installation shall be 2.5 inch caliper for deciduous, 5 feet high for evergreen and 1.5 inch caliper for ornamental. Caliper shall be measured ix (6) inches above grade.
d. Landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials at the next planting season or within 6 months, whichever occurs sooner.
D. Building design and/or Interior/Exterior Treatment Commitments
Rooftop Mechanicals: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall using comparable and compatible materials as the building materials.
E. Dumpsters, lighting, and/or Environmental Commitments
1. Dumpster: Three sides of the screening required for any dumpster shall be a fence or wall of wood or of comparable and compatible materials as the principal building materials. The fourth side of required screening may be gated.
2. Lighting:
a. All external lighting shall be cutoff-type fixtures (down lighting).
b. Parking lot lighting shall be no higher than 20 feet in height.
c. All exterior lighting shall be from the same manufacturer type and style.
F. Graphic Commitments: The applicable graphics standards shall be those contained in Columbus City Code Article 15 as they apply to CPD, Commercial Planned Development District. Any variances or special permits shall be granted by the City of Columbus Graphics Commission.
G. Miscellaneous Commitments
1. Site Plan Revision Allowance. The Property shall be developed in accordance with the "CPD Site Plan" and "Landscaping Plan;" however, the "CPD Site Plan" and "Landscaping Plan" may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department of Development or the Director's designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
2. The CPD site plan and CPD text do not include any variance requests.
3. Access Road Modification. At a point in time when a traffic light is installed at the intersection of Hilliard Rome Road and Nike Drive or when Hilliard Rome Road widening project takes place, whichever is first, Sky Bank and ISP agree to modify the full movement entrance and exit from the proposed service road (as shown on CPD Site Plan Exhibit) to a Right-in/Right-out intersection in compliance with The City of Columbus standard construction details and Zoning Code as shown on Exhibit A attached hereto.
IV. CPD REQUIREMENTS
A. Natural Environment: The property is located on the southeast corner of Hilliard-Rome Road and Nike Drive. The property is basically flat and undeveloped.
B. Existing Land Use: The property is undeveloped.
C. Transportation and Circulation: Access to the site will be provided from access drives to Hilliard-Rome Road and Nike Drive. These access drives will be shred by the commercial property to be developed east and south of the site.
D. Visual Form of the Environment: The subject property and the nine acres east and south of the site have been zoned for commercial uses; however, neither site has developed yet.
E. View and Visibility: The site is visible from Hilliard-Rome Road and Nike Drive.
F. Proposed Development: Bank branch.
G. Behavior Patterns: The proposed use will serve the existing residential population west of the site and the other retail shoppers using Hilliard-Rome Road.
H. Emissions: No adverse effects from emissions will result from this use.
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.