Explanation
Rezoning Application: Z23-046
APPLICANT: Moo Moo Express Car Wash; c/o Dave Perry, Agent; 411 East Town Street, Floor 1; Columbus, OH 43215 and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, Floor 2; Columbus, OH 43215.
PROPOSED USE: Car wash facility.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on January 11, 2024
MILO-GROGAN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels developed with an eating and drinking establishment in the C-4, Commercial District. The site is subject to the Milo-Grogan Urban Commercial Overlay (UCO) and the I-670 Graphics Control overlay. The requested CPD, Commercial Planned Development District will allow redevelopment of the site with a car wash facility. The text commits to a site plan for a carwash use only, and includes development standards addressing setbacks, access, landscaping, building design, lighting, and graphics and signage. The proposed CPD district is consistent with the Milo-Grogan Neighborhood Plan’s (2007) recommendation for “Commercial” land uses at this location. Although, the auto-centric use comes into conflict with the Plan’s and UCO’s design guidelines of contributing to a walkable and diverse neighborhood, staff supports the requested CPD District as the submitted site plan depicts additional landscaping and screening that is consistent with the Plan, UCO, and Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018), and includes pedestrian access as required by the Zoning Code.
Title
To rezone 666 E. 5TH AVE. (43201), being 0.95± acres located on the north side of East 5th Avenue, 340± feet east of Cleveland Avenue, From: C-4, Commercial District, To: CPD, Commercial Planned Development District (Rezoning #Z23-046).
Body
WHEREAS, application #Z23-046 is on file with the Department of Building and Zoning Services requesting rezoning of 0.95± acres from C-4, Commercial District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Milo-Grogan Area 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 is consistent with Milo-Grogan Neighborhood Plan’s land use recommendation, and includes a site plan and development text that include commitments to landscaping and screening consistent with the Plan’s design guidelines; 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:
666 E. 5TH AVE. (43201), being 0.95± acres located on the north side of East 5th Avenue, 340± feet east of Cleveland Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being all of Lots 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 and also Lots 67, 68, 69, 70, 71 and the westerly 25.00 feet of Lot 72 and the easterly 15.00 feet of Lot 66, all being in the G. W. Devore’s Northeast Park Place Addition to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, as shown of record in Plat Book 4, pages 310 and 311 in the Office of the Recorder, Franklin County, Ohio and also a 15 feet wide vacated alley, lying north of Lots 67, 68, 69, 70, 71 and the westerly 25.00 feet of Lot 72 and the easterly 15.00 feet of Lot 66 and also a 15 feet wide vacated alley lying east of Lot 48, said alleys being vacated by Ordinances No. 28352, No. 39250 and No. 1313-69.
EXCEPT a 10 feet wide strip off the south end of Lots 67, 68, 69, 70, 71 and the westerly 25.00 feet of Lot 72 and the easterly 15.00 feet of Lot 66, for street purposes, by deed accepted and dedicated by Ordinance No. 659-69, dated Mary 19, 1969 and recorded in Deed Book 2974, page 440, Franklin County, Ohio records and the foregoing premises being more particularly described as follows:
Beginning at an iron pin marking the northwesterly corner of Lot 37 in G. W. Devore’s Northeast Park Place Addition, and being in the southerly line of New York Avenue; thence South 86° 18’ 30” East 90.00 feet, in the southerly line of New York Avenue, to an iron pin; thence continuing in the southerly line of New York Avenue, in a curve to the right, with a radius of 50 feet, the chord of which bears South 64° 30’ 30” East 32.31 feet to a point in the said southerly line of New York Avenue; thence continuing in the said southerly line of New York Avenue, in a curve to the left, with a radius of 50 feet, the chord of which bears South 67° 52’ 30” East 31.62 feet to an iron pin in the southerly line of New York Avenue, said iron pin marks the northeast corner of Lot 41; thence continuing in the southerly line of New York Avenue, South 86° 18’ 30” East 225.00 feet, to an iron pin in the easterly line of a 15 feet wide vacated alley (by Ordinance No. 1313-69, dated October 27, 1969) and the westerly Limited Access Right of Way line of Interstate Route No. 71; thence South 03° 43’ 30” West 147.50 feet, in the easterly line of the said 15 feet wide vacated alley and the westerly Limited Access Right of Way line of Interstate Route 71, to an iron pin; thence North 86° 18’ 30” West 177.83 feet, in the centerline of a 15 feet wide vacated alley (by Ordinance No. 28352, dated Feb. 13, 1915 and Ordinance No. 1313-69, dated Oct. 27, 1969), to an iron pin; thence South 03° 43’ 30” West 137.50 feet, parallel to and 5.00 feet west of the westerly line of Lot 73, to an iron pin in the newly dedicated northerly line of E. Fifth Avenue (by ordinance No. 659-69, dated Mary 19, 1969 and shown of record in Deed Book 2974, page 440, Franklin County, Ohio records); thence North 86° 18’ 30” West 190.00 feet, in the said northerly line of E. Fifth Avenue, to an iron pin in the westerly line of the easterly 15 feet of Lot 66; thence North 03° 43’ 30” East 145.00 feet, in the said westerly line of the Easterly 15 feet of Lot 66 and the easterly line of a 15 feet wide alley, to an iron pin marking the southeast corner of parcel No. 35122 and the southwest corner of Lot 37; thence North 01° 16’ 38” West 82.55 feet, in the easterly line of said Parcel No. 35122; thence North 03° 43’ 30” East 79.84 feet, in the easterly line of said Lot 36, to the place of beginning, containing 1.9215 acres, more or less.
A survey of the above property was made by Robert L. Tootle, Jr., Registered Professional Surveyor No. 5318.
LESS AND EXCEPT 0.719 acres transferred to E. Brent Watson by Limited Warranty Deed dated July 7, 1989 and recorded on July 11, 1989 at Book 13690, Page G16 of the Official Records of Franklin County, Ohio and described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lots 41, 42, 43, 44, 45, 46, 47, and 48 of G.W. Devore’s North-East Park Place as the same are numbered and delineated upon the recorded plat thereof, as shown of record in Plat Book 4, Pages 310 and 311 and also part of a 15 foot alley vacated by Ordinance Number 1313-69 and being part of a 1.9215 acre tract conveyed to Wendy’s Old Fashioned Hamburgers, Inc. by deed of record in Official Record Volume 10134 B-06, all references being to those records of the Office of Recorder, Franklin County, Ohio unless otherwise noted and being more particularly bounded and described as follows:
Beginning at an iron pin found at the intersection of the southerly line of New York Avenue and the westerly Limited Access Right of Way of Interstate Route 71;
Thence, with said Limited Access Right of Way, South 03 degrees 43 minutes 30 seconds West, 132.50 feet to an iron pin set in the northerly line of a 15 foot easement;
Thence, with said northerly line of said 15 foot easement, and across said 15 foot easement, and across said 15 foot vacated alley and said Lots 48, 47, 46, 45, 44, 43, 42 and part of Lot 41, North 86 degrees 18 minutes 30 seconds West, 236.89 feet to an iron pin set;
Thence, across said Lot 41, North 04 degrees 04 minutes 46 seconds East, 133.74 feet to a drill hole in concrete in the southerly line of said New York Avenue;
Thence, with the southerly line of New York Avenue and with the arc of a curve to the left, whose radius is 50.00 feet, whose chord bearing is South 79 degrees 55 minutes 10 seconds East, a chord distance of 11.13 feet to an iron pin found at the northwesterly corner of said Lot 42;
Thence, with the southerly line of New York Avenue, and the northerly line of said Lots 42, 43, 44, 45, 46, 47 and 48, and said vacated 15 foot alley, South 86 degrees 18 minutes 30 seconds East, 225.00 feet to the place of beginning and CONTAINING 0.719 ACRES subject however to all rights of way, restrictions and easements of record.
Iron pins set are 30” x 1” O.D. with yellow plastic cap inscribed “P.S. #7167”. The basis of bearings for the foregoing description is from Official Record Volume 10134 B06.
LESS AND EXCEPTING THEREFROM THE following 0.270 acre tract as known as conveyed by Wendy’s Old Fashioned Hamburgers of New York, Inc. to E. Brent Watson in Official Record 14712, page G01;
Situated in the State of Ohio, County of Franklin, City of Columbus, and being parts of Lots 41, 42, 43, 44, 45, 46, 47, 48, 70, 71 and 72 of G.W. Devore’s North-East Park Place as the same are numbered and delineated upon the recorded plat thereof, as shown of record in Plat Book 4, page 310 and 311 and also part of a 15 foot alley vacated by Ordinance Number 28352 and also part of a 15 foot alley vacated by Ordinance Number 1313-69 and being part of the 1.9215 acre tract conveyed to Wendy’s Old Fashioned Hamburgers, Inc. by deed of record in Official Record Volume 10134 B06, all references being to those records of the Office of Recorder, Franklin County, Ohio unless otherwise noted and being more particularly bounded and described as follows:
Commencing at a found iron pin in the northerly line of Fifth Avenue, and the easterly line of a fifteen foot wide alley off the west side of Lot 66 of said G. W. Devore’s North-East Park Place conveyed to the City of Columbus by deed of record in Deed Book 908, page 499, said iron pin being also the southwesterly corner of said 1.9215 acre tract.
Thence, with the northerly line of Fifth Avenue, and the southerly line of said 1.9215 acre tract, South 86 degrees 18 minutes 30 seconds East, 130.00 feet to an iron pin found, said iron pin being THE TRUE POINT OF BEGINNING of the following herein described tract;
Thence, across said 1.9215 acre tract and across said Lot 70, and said 15 foot alley vacated by Ordinance Number 28352 and said Lot 41, North 04 degrees 04 minutes 46 seconds East, 152.50 feet to an iron pin set in the northerly line of a 15 foot easement for installation, repair and maintenance of Wendy’s high rise sign;
Thence, with said northerly line of the 15 foot easement, and across said Lot 41, 42, 43, 44, 45, 46, 47, and 48 and across said 15 foot alley vacated by Ordinance Number 1313-69, South 86 degrees 18 minutes 30 seconds East, 236.89 feet to an iron pin set in the westerly Limited Access Right of Way of Interstate Route 71;
Thence, with said Limited Access Right of Way, South 03 degrees 43 minutes 30 seconds West, 15.00 feet to an iron pin found in the centerline of said 15 foot alley vacated by Ordinance Number 28352;
Thence, with said centerline and with the northerly line of the parcel conveyed to Shell Oil Company by deed of record in Deed Book 3042, page 362, North 86 degrees 18 minutes 30 seconds West, 177.83 feet to an iron pin;
Thence, with the westerly line of said Shell Oil Company parcel, South 03 degrees 43 minutes 30 seconds west, 137.50 feet to an iron pin found in the northerly line of Fifth Avenue;
Thence, with the northerly line of Fifth Avenue, North 86 degrees 18 minutes 30 seconds West, 60.00 feet to the place of beginning and CONTAINING 0.270 acres, more or less.
Iron pins set are 30” x 1” O.D. with yellow plastic caps inscribed “P.S. #7167”. The basis of bearings for the foregoing description is from Official Record Volume 10134B06.
Parcel Numbers: 010-015162 and 010-035117
Property Address: 666 East 5th Avenue, Columbus, OH 43201
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 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 text titled, “CPD, COMMERCIAL PLANNED DEVELOPMENT TEXT,” and site plan titled, “ZONING SITE PLAN,” both dated January 11, 2024, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and the text reading as follows:
CPD, COMMERCIAL PLANNED DEVELOPMENT TEXT
EXISTING ZONING: C-4, Commercial District, Urban Commercial Overlay (UCO)
PROPOSED ZONING: CPD, Commercial Planned Development
PROPERTY ADDRESS: 666 E 5th Avenue, Columbus, OH 43201
APPLICANT: Moo Car Express Car Wash LLC c/o Dave Perry, Agent; David Perry Company, Inc.; 411 E. Town Street, FL 1; Columbus, OH 43215 and Donald Plank, Attorney; Plank Law Firm; 411 E Town Street, FL 2; Columbus, OH 43215.
PROPERTY OWNER: Poppy Time, LLC; c/o Kasey Kist; 7187 Fodor Road; New Albany, OH 43054
DATE OF TEXT: January 11, 2024
APPLICATION NUMBER: Z23-046
1. INTRODUCTION: The 0.94 +/- acre site (PID: 010-015162, 010-035117) is located on the north side of E. 5th Avenue, 350’ +/- east of Cleveland Avenue. The site and miles of E 5th Avenue are extensively developed with commercial uses. Applicant proposes to rezone the site to CPD to permit a single bay automatic car wash and C-4, Commercial uses, as presently permitted. The site plan, “Zoning Site Plan for Moo Moo Express Car Wash, 666 E 5th Avenue”, hereafter “Site Plan”, dated January 11, 2024, depicting a single unit tunnel car wash, is submitted as the site development plan for the automatic car wash (only). If the car wash is not developed, existing setbacks and parking of the existing building shall apply for re-use of the existing building and Sections 3372.603 - 3372.609, Urban Commercial Overlay (UCO), shall apply for redevelopment of the site with a C-4 use.
2. PERMITTED USES: All uses of Chapter 3356, C-4, Commercial District, and a car wash, as depicted on the Site Plan and as regulated herein.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Site Plan, which shall only be applicable for the proposed car wash, or in this written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Commercial District, of the Columbus City Code.
A). Density, Height, Lot and/or Setback commitments.
1. The E 5th Avenue building setback for the car wash building shall be 60’ from the north E 5th Avenue right of way line net of conveyance of 50’ of right of way from centerline. Right of way shall be conveyed in conjunction with the Final Site Compliance Plan (FSCP) process.
2. The E 5th Avenue parking setback for the car wash use shall be 15’ from the north E 5th Avenue right of way line net of conveyance of 50’ of right of way from centerline.
3. Development standards of the Zoning Code shall apply to full redevelopment of the site for all uses other than a car wash.
B). Access, Loading, Parking and/or other Traffic related commitments.
1. Development of the site with a car wash shall be as depicted on the submitted Site Plan. Development standards of the Zoning Code shall apply to redevelopment of the site with a C-4 use.
2. The E 5th Avenue curbcut shall be right-in/right-out. The New York Avenue access shall be full turning movement.
C). Buffering, Landscaping, Open Space and/or Screening Commitments:
Required landscaping for the car wash shall be as depicted on the Site Plan.
D). Building design and/or Interior-Exterior treatment commitments.
Permitted primary building materials shall include and shall be limited to the following (either alone or in some combination): brick, brick veneer, stone, stone veneer, metal, fiber cement siding or comparable material, wood, and/or glass and asphalt roof shingles. Nothing herein shall prohibit the use of the aforementioned materials or other materials as secondary or trim materials.
E). Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
The maximum height of parking lot lighting shall be 18’.
F). Graphics and Signage commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as applies to the C-4, Commercial District. Any ground sign shall be monument-style. Any variance to applicable sign standards shall be submitted to the Columbus Graphics Commission for consideration.
G). Other CPD Requirements.
1. Natural Environment: The site is located on the north side of E 5th Avenue and the south side of New York Avenue. There are many existing and proposed commercial uses on the E 5th Avenue arterial corridor.
2. Existing Land Use: The site is developed with a restaurant. The restaurant use is presently closed.
3. Circulation: Vehicular access shall be from E. 5th Avenue (right-in/right-out) and New York Avenue (full turning movement).
4. Visual Form of the Environment: The E 5th Avenue corridor is an older heavily developed commercial corridor. New York Avenue is a secondary street connecting to Cleveland Avenue.
5. Visibility: E 5th Avenue is an arterial right of way. The site will be visible from E 5th Avenue and New York Avenue.
6. Proposed Development: Automatic car wash.
7. Behavior Patterns: Vehicular access shall be from E. 5th Avenue and New York Avenue.
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.
H). Modification of Code Standards.
1. Section 3312.11, Drive-up Stacking Area, to not provide an exclusive by-pass lane for the car wash.
2. Section 3372.604, Setback Requirements, to increase the building setback from 10’ to 60’.
3. Section 3372.605(B)(D), Building Design Requirements, to reduce the width of the car wash building as a percent of the lot width from 60% to 22%, and to reduce clear non-tinted glass on the E 5th Avenue building elevation from 60% between 2’ and 10’ above grade to 1.5%.
4. Section 3372.609(A), Parking and Circulation, to permit circulation aisles between the principal building and E. 5th Avenue.
I). Miscellaneous commitments.
1. The development shall comply with applicable monetary payment requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. Development of the site with an automatic car wash shall be in accordance with the Site Plan titled “Zoning Site Plan for Moo Moo Express Car Wash, 666 E 5th Avenue”, dated and signed 1/11/2024, by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant. If the car wash is not developed, existing setbacks and parking of the existing building shall apply for re-use of the existing building and Sections 3372.603 - 372.609, Urban Commercial Overlay (UCO), shall apply for redevelopment of the site with a C-4 use. These plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final 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 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.