Explanation
Rezoning Application Z03-027
APPLICANT: Wendy's International, Inc.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Columbus,
Ohio 43215.
PROPOSED USE: Drive-thru only restaurant.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 12, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the CPD, Commercial Planned Development District to redevelop the site with a drive-thru only restaurant. The proposed CPD text establishes development standards consistent with the zoning and development patterns of the area.
Title
To rezone 4049 LIVINGSTON AVENUE (43227), being 0.50± acres located on the south side of Livingston Avenue, 100± feet east of Streible Road, From: C-3, Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z03-027)
Body
WHEREAS, application #Z03-027 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.50± acres from C-3 Commercial 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 would allow redevelopment of the site with a drive-thru only restaurant. The proposed CPD text establishes development standards consistent with the zoning and development patterns of the area and; 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:
4049 LIVINGSTON AVENUE (43227), being 0.50± acres located on the south side of Livingston Avenue, 100± feet east of Streibel Road, and being more particularly
described as follows:
Situated in the County of Franklin in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being a part of Half Section 34, Section 20, Township 12, Range 21, Refugee Lands, beginning at a point in the center line of East Livingston Avenue, and in the north line of said Half Section 34, Section 20, Township 12, Range 21, Refugee Lands 225 feet west from the northeast corner of said half section; thence southerly in a straight line parallel to the east line of said half section 230 feet to a point; thence westerly in a straight line parallel to the north line of said half section 100 feet to a point; thence northerly in a straight line parallel to the east line of said half section 230 feet to a point in the center line of said East Livingston Avenue; thence in the center line of said East Livingston Avenue easterly 100 feet to the place beginning, containing approximately one half of an acre of land.
EXCEPTING THEREFROM the following described real estate:
Being the northerly 10 feet of a 0.50 acre tract of land, said 0.50 acre tract of land being described in a deed to Henry A. Justus of record in Deed Book No. 1091, page 71, Franklin County, Ohio Deed Records, said 10 foot strip being adjacent to and parallel with the south line of Livingston Avenue (30 feet south of center line) and extending eastwardly 100 feet, more or less, from the east line of a tract of land owned by Oakla E. Brown (et al), to the west line of a tract of land owned by Frank X. and Ida Resch, and the part to be acquired being further identified as Parcel No. 16 shown on Sheet 2 of the right-of-way plans for the improvement of Livingston Avenue from Courtright Road to Hamilton Road, Drawing No. C-1852, Dr. D, on file in the office of the Chief Engineer, City of Columbus, Ohio, and also as being part of Franklin County, Ohio Auditor's Parcel No. 118463 and containing 1,000 square feet, more or less.
To Rezone From: C-3 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 plan being titled, "PRELIMINARY SITE PLAN", and text titled, "CPD TEXT", both signed by Jeffrey L. Brown, Attorney for the Applicant, and dated July 1, 2003, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 4049 East Livingston Avenue
OWNER: Wendy's International Inc.
APPLICANT: Wendy's International Inc.
DATE OF TEXT: 7/1/03
APPLICATION NUMBER: Z03-027
1. INTRODUCTION: The site contains an existing restaurant which the applicant wants to demolish and then rebuild with a new facility.
2. PERMITTED USES: Those uses permitted in Section 3355.03, C-3 Permitted Uses of the Columbus City Code and a drive-thru only restaurant
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this text or the Site Plan, the development standards for C-3, as contained in Chapter 3355 of the
Columbus City Code shall apply.
A. Density, Lot, and/or Setback Commitments: N/A
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
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 one shade tree for each 40 feet of frontage (grouped or spaced), along East Livingston Avenue.
2. For all parking areas along East Livingston Avenue, a minimum screening height of 30 inches (60 inches maximum) shall be maintained along this frontage for the shielding of auto headlights as measured from the elevation of the nearest section of an adjacent parking area. Such screening can be accomplished by the use of mounding, or landscaping material.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
4. All trees 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: N/A
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
2. Accent lighting shall be permitted provided such light source is concealed from adjacent right-of-way.
3. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
4. Light poles in the parking lot shall not exceed 28 feet in height and for those light poles within 100 feet of residentially zoned property the developer shall have light shields.
5. Any new light poles shall not exceed 18 feet in height within 100 feet of residentially zoned property or .1foot-candle light output when measured horizontally at ground level at the property line.
F. Graphics and/or Signage Commitments.
1. The existing pylon sign shall remain as is.
2. All other graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to C-3 and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
A. CPD Criteria
1. Natural Environment: The site is developed with a restaurant.
2. Existing Land Use: Commercial uses to the east, south and west; residential to the north across East Livingston Avenue.
3. Proposed Use: Commercial
4. Transportation and Circulation: Access will be from East Livingston Avenue.
5. Visual Form of the Environment: The visual form of the development will be established at the time of construction.
6. View and Visibility: View and visibility of the development shall be determined at the time of construction.
7. Emissions: No adverse emissions are expected from this development.
B. Variances
1. The lot width is reduced from 120 feet to 100 feet.
2. Reduce the required number of parking spaces from 19 to 18.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.