Explanation
Rezoning Application Z06-007
APPLICANT: Gregg Allwine; c/o Donald Plank, Attorney; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 9, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.43± acre site is currently developed with a shopping center. The applicant is requesting a rezoning from CPD, Commercial Planned Development, which currently permits most C-4 uses, to CPD, Commercial Planned Development to allow additional uses. The request would allow an arcade, dance hall, and outdoor restaurant seating, which are prohibited by the current CPD. The applicant is also requesting a reduction in the parking setback from ten (10) feet to five (5) feet from Lazelle Road and ten (10) feet to six (6) feet from Sancus Boulevard and a reduction in the required number of parking spaces. The CPD text maintains current commitments including sidewalks, street trees, and lighting controls, and additionally limits the square footage of outside seating and prohibits outside amplification. The drive-up lane for the dry cleaner was approved as part of the earlier rezoning for this property. The site is located within the boundaries of Subarea I.2 in The Far North Plan (1994) which supports auto-oriented and neighborhood-oriented commercial uses for the subarea. The proposed development is consistent with the zoning and development patterns of the area.
Title
To rezone 8270 SANCUS BOULEVARD (43081), being 1.43± acres located at the southeast corner of Sancus Boulevard and Lazelle Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z06-007)
Body
WHEREAS, application #Z06-007 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.43± acres from the 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 proposed development is consistent with the zoning and development patterns of the area. The 1.43± acre site is currently developed with a shopping center. The applicant is requesting a rezoning from CPD, Commercial Planned Development, which currently permits most C-4 uses, to CPD, Commercial Planned Development to allow additional uses. The request would allow an arcade, dance hall, and outdoor restaurant seating, which are prohibited by the current CPD. The applicant is also requesting a reduction in the parking setback from ten (10) feet to five (5) feet from Lazelle Road and ten (10) feet to six (6) feet from Sancus Boulevard and a reduction in the required number of parking spaces. The CPD text maintains current commitments including sidewalks, street trees, and lighting controls, and additionally limits the square footage of outside seating and prohibits outside amplification. The drive-up lane for the dry cleaner was approved as part of the earlier rezoning for this property. The site is located within the boundaries of Subarea I.2 in The Far North Plan (1994) which supports auto-oriented and neighborhood-oriented commercial uses for the subarea, 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:
8270 SANCUS BOULEVARD (43081), being 1.43± acres located at the southeast corner of Sancus Boulevard and Lazelle Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, the City of Columbus; in Farm Lot 10 in Section 1, Township 2, Range 18, United States Military Lands, and being a residual of a 51.713 acre tract as conveyed to Giuseppe A. Pingue, Sr. in Official Record 11433G02 and as shown on the dedication plat of Lazelle Road, Sancus Boulevard, Staffington Drive and easements, in plat book 70, page 55 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning for reference at the centerline intersection of Sancus Boulevard (80' R/W) with Lazelle Road (County Line Road 6.80' R/W);
Thence with said centerline of Lazelle Road, the northerly line of Franklin County and the southerly line of Delaware County north 90º00'00" east a distance of 250.00 feet to a point in the centerline of said Lazelle Road;
Thence leaving the centerline of Lazelle Road south 00º00'00" east 40.00 feet to the southerly right-of-way of Lazelle Road, the northwesterly corner of a 8.386 acre tract conveyed to Zansco, Ltd. of record in Official Record 27870F05 and being the true point of beginning;
Thence along a westerly line of said 8.386 acre tract south 00º00'00" east a distance of 310.00 feet to a westerly corner of said 8.386 acre tract and in the northerly line of a 0.832 acre tract conveyed to SC Car Wash Systems, Ltd. of record in instrument number 199708110067766;
Thence along the northerly line of said 0.832 acre tract south 90º00'00" west a distance of 201.16 feet to the easterly right-of-way of said Sancus Boulevard;
Thence along the easterly right-of-way of Sancus Boulevard with a curve to the right having a radius of 960.00 feet, a central angle of 07º46'57", and a chord that bears north 03º53'29" west a chord distance of 130.30 feet to a point;
Thence continuing along the easterly right-of-way of Sancus Boulevard north 00º00'00" east a distance of 160.00 feet to a point of curvature;
Thence with a curve to the right having a radius of 20.00 feet, a central angle of 90º00'00", and a chord that bears north 45º00'00" east a chord distance of 28.28 feet to the southerly right-of-way of said Lazelle Road;
Thence along the southerly right-of-way of Lazelle Road south 90º00'00" east a distance of 190.00 feet to the true point of beginning, containing 1.484 acres of land, more or less.
This description was prepared by Pomeroy & Associates Ltd., Worthington, Ohio, from record information only and is not based on an actual field survey;
The basis of bearing is south 90º00'00" east for the centerline of said Lazelle Road as shown in the dedication plat of Lazelle Road, Sancus Boulevard, Staffington Drive and easements, of record in plat book 70, page 55;
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 plan being titled, "SANCUS LAZELLE CENTER," signed by David B. Perry, agent for the Applicant, Donald Plank, attorney for the Applicant, and Julie Chuang on behalf of Chuang Properties, LLC, and dated September 20, 2006 and text titled, "CPD, COMMERCIAL PLANNED DEVELOPMENT," signed by David B. Perry, agent for the Applicant, Donald Plank, attorney for the Applicant, and Julie Chuang on behalf of Chuang Properties, LLC, owner, and dated September 20, 2006, and the text reading as follows:
CPD, COMMERCIAL PLANNED DEVELOPMENT 8270 Sancus Boulevard, Columbus, OH
EXISTING DISTRICT CPD, Commercial Planned Development
PROPOSED DISTRICT CPD, Commercial Planned Development
PROPERTY ADDRESS 8270 Sancus Boulevard, Columbus, OH 43240
APPLICANT Gregg Allwine c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
OWNER Chuang Properties, LLC c/o Julie Chuang, 8742 Sweetwater Court, Powell, OH 43065
DATE September 20, 2006
APPLICATION NUMBER Z06-007
1. INTRODUCTION.
The subject property consists of approximately 1.43 acres located at the southeast corner of Lazelle Road and Sancus Boulevard, as more particularly described in the legal description submitted as a part of the zoning application (the "Property"). The site is zoned CPD, Commercial Planned Development by Ordinance 1203-01, passed July 16, 2001 (Z01-036). A shopping center has been developed on the site since the 2001 rezoning. Certain uses excluded in the current zoning are now proposed in conjunction with other permitted uses of the property. Specifically, applicant submits this application to rezone to permit an arcade(s), as defined in Columbus City Code (amusement arcade), dancing (dance hall license) and outside restaurant seating. There are numerous commercial developments in all directions from the site. A reduction in required parking related to restaurant/bar use and reduction in the Sancus Boulevard and Lazelle Road parking setbacks and ground sign setbacks, required as a result of City of Columbus right of way acquisition, are also included in this CPD.
2. PERMITTED USES.
a) All uses of Section 3356.03, C-4, Commercial District, except the following:
Automobile sales room, billboards, off premises graphics other than as may be approved by the Graphics Commission, bowling alley, skating rink, and supermarket exceeding 5,000 square feet in area.
b) Limitations on permitted uses:
1) Outside amplification, such as intercoms, speakers, etc., is not permitted for any use.
2) Outside seating shall be limited to a maximum of 300 square feet.
3) Arcade: While an Arcade is permitted by this rezoning, an arcade shall be limited to a maximum of five (5) games and shall be accessory to a primary use, such as arcade games placed within a bar or within a restaurant. There shall be no more than five (5) accessory arcade games in any single business and any arcade games shall be incidental to the primary business.
3. DEVELOPMENT STANDARDS.
Except as otherwise noted, the applicable development standards of the Columbus City Code relative to C-4, Commercial Districts, shall apply to the Property.
A. Density, Lot, and/or Setback Commitments.
1. The existing parking setback on Sancus Boulevard varies from six (6) feet to ten (10) feet, as depicted on the Plan. The existing parking setback on Lazelle Road is five (5) feet, as depicted on the Plan.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Access to and from the Property will be by one (1) access point on Lazelle Road and one (1) access point on Sancus Boulevard, with final approval of the location granted by the Division of Transportation. At the time of this rezoning, both curbcuts are fully developed following the 2001 rezoning.
2. Code required parking is reduced from 107 spaces to 93 existing spaces based on the total retail, restaurant/bar and outside seating space itemized on the Plan and as noted in G(3). To the extent that the mix of uses on the property require 107 or less parking spaces, the site will be in compliance with code required parking based on the 93 provided and the reduction of code required parking provided herein. To the extent that any mix of uses on the property requires more than 107 parking spaces (including 93 spaces provided and the reduction of 14 spaces permitted by this CPD), applicant may apply to the Board of Zoning Adjustment (BZA) for a variance to code required parking or may modify the site in conformance with this ordinance and applicable city code to increase on-site parking, or may seek a parking waiver or combination thereof.
3. A dry cleaning business shall be permitted to have a pickup window without a by-pass lane and with stacking reduced from 8 to 4 spaces, as presently permitted by Ord. 1203-01, passed July 16, 2001 (Z01-036), and as noted on the CPD Plan.
C. Buffering, Landscape, Open Space, and/or Screening Commitments.
1. Street trees shall be planted evenly spaced within the parking setback along Sancus Boulevard and Lazelle Road at a ratio of one tree per thirty (30) feet of frontage. These trees may be evenly spaced or grouped.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first.
3. All trees shall meet the following minimum size at the time of planting: Shade trees 2 ½" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building shall be constructed of any combination of the following: brick, stucco, split-faced block, wood or siding.
2. 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 North, South and West sides of the building. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing wood and/or comparable materials as the building materials.
E. Lighting, Outdoor Display Areas, and/or Other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers to insure compatibility.
3. Light poles in the parking lot shall not exceed 20 feet.
F. Graphics and/or Signage Commitments.
All 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 those requirements will be submitted to the Columbus Graphics Commission for consideration, except the existing ground sign at the corner of Sancus Boulevard and Lazelle Road shall be permitted at the setbacks from Sancus Boulevard and Lazelle Road as noted in G.(4), due to the right of way take on both roads by the City of Columbus.
G. Code Modifications:
1) 3342.07, Drive-in stacking area, to permit a pickup window for a dry cleaning business with no by-pass lane and four (4) vehicle stacking spaces.
2) 3342.18, Parking Setback Line, to permit Sancus Boulevard Parking Setback of six (6) feet at the south end of the 90 degree parking parallel to Sancus Boulevard, with the parking setback tapering to ten (10) feet at the north end of the same row of parking and to permit a five (5) foot parking setback on Lazelle Road. The parking setback on both Sancus Boulevard and Lazelle Road was conforming prior to City of Columbus right of way take on both roads.
3) 3342.28, Minimum Number of Parking Spaces Required, to reduce code required parking from 107 to 93 for total retail (10,972 sq. ft.) and restaurant/bar (4,400 sq. ft.) and outside seating (300 sq. ft.).
4) 3377.17, Setback Regulations for Permanent On-Premises Ground Signs, to permit a ground sign setback of ten (10) feet from both Sancus Boulevard and Lazelle Road right of way. The ground sign setback was conforming prior to City of Columbus right of way take on both roads.
H. Miscellaneous Commitments.
1. Sidewalks will be installed along Lazelle Road and Sancus Boulevard, unless existing, as at present, or re-installed as part of a future governmental road project.
2. The plan titled "CPD Plan: Sancus Lazelle Center" dated September 20, 2006 and signed September 20, 2006 by David B. Perry, Agent for Applicant, Donald Plank, Attorney for Applicant, and Julie Chuang, on behalf of Chuang Properties, LLC, owner, is provided with this application to illustrate existing conditions at the property at the time of application. Existing development shall not be binding on future redevelopment, in whole or in part. The site may be redeveloped subject to applicable code provisions and the requirements of this ordinance. Any future building(s)/ development shall be south and east of the Lazelle Road and Sancus Boulevard building setback lines depicted hereon. Parking space striping may be changed with an approved site plan.
I. CPD REQUIREMENTS.
1. Natural Environment: As permitted by Ordinance 1203-01, passed July 16, 2001 (Z01-036), the property has been developed with a retail shopping center. Commercial uses exist in all directions from the site.
2. Existing Land Use: Shopping center.
3. Transportation and Circulation: The property is located on the southeast corner of Sancus Boulevard and Lazelle Road.
4. Visual Form of the Environment: The property is located on the southeast corner of Sancus Boulevard and Lazelle Road. The existing land uses surrounding the property include the following: (1) a car wash to the south, (2) a gas station to the west across Sancus Boulevard, (3) vacant ground to the east, (4) a golf range and service station to the north/northeast across Lazelle Road and a bank to the northwest.
5. View and Visibility: The property is visible from both Sancus Boulevard and Lazelle Road.
6. Proposed Development: The property is developed with a neighborhood shopping center, including a drop-off dry cleaner that can stack (4) four automobiles without a by-pass lane and without an intercom, as permitted by Ordinance 1203-01, passed July 16, 2001 (Z01-036). The Plan submitted with this text reflects the existing conditions at the property.
7. Behavior Patterns. The Property is located at the signalized intersection of Sancus Boulevard and Lazelle Road. There is commercial development in all directions and the site is slightly south of the Polaris Centers of Commerce development. The present retail shopping center use of the property as well as the proposed modifications of Ordinance 1203-01 with this rezoning are appropriate for the site and the area.
8. Emissions: The current levels of emissions are similar to any property within proximity to a traffic light in the area.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.