Explanation
REZONING: Z98-017
APPLICANT: BJH Land LLC.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Carwash and retail development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0-1) on May 14, 1998.
CITY DEPARTMENT'S RECOMMENDATION: Approval. City staff recognizes controlled commercial development as an appropriate land use for this location. Nearly 300 acres of land along this portion of North Hamilton Road has been zoned since 1991 to the L-C-4, Limited Commercial Districts with the intent to establish a unified, consistent development pattern. The proposed CPD, Commercial Planned Development District applies nearly identical use restrictions and development controls as those existing thus continuing the intended character of this commercial corridor.
Title
To rezone 5380 NORTH HAMILTON ROAD (43230), being 3.97± acres located on the east side of North Hamilton Road, 500± feet north of Thompson Road, From: L-C-4, Limited Commercial and R, Rural Districts, To: CPD, Commercial Planned Development District (Z98-017). (AMENDED BY ORD. 1697-2004 PASSED 11/29/2004)
Body
WHEREAS, application #Z98-017 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.97± acres from L-C-4, Limited Commercial and R, Rural Districts 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 City staff recognize controlled commercial development as an appropriate land use for this location. Nearly 300 acres of land along this portion of North Hamilton Road has been zoned since 1991 to the L-C-4, Limited Commercial Districts with the intent to establish a unified, consistent development pattern. The proposed CPD, Commercial Planned Development District applies nearly identical use restrictions and development controls as those existing thus continuing the intended character of this commercial corridor, 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:
5380 NORTH HAMILTON ROAD (43230), being 3.97± acres located on east side of North Hamilton Road, 500± feet north of Thompson Road, and being more particularly
described as follows:
Tract 1: Situated in the State of Ohio, County of Franklin, and in the Township of Plain:
Being in Range 16, Tp. 2, Quarter Tp. 3, U.S.M. Lands:
Beginning at a point in the center line of Beecham Road and north 506.53 feet from a spike where the center line of said Road Intersects the center line of Thompson Road; thence along the center line of Beecham Road, north 144.55 feet to a point; thence North 89 degrees 44' East (passing an iron pin at 25 feet) 602.89 feet to an iron pin; thence South 0degree 07' West 144.55 feet to an iron pin; thence South 89degrees 44' West (parallel to Thompson Road and passing an iron pin at 577.6 feet) 602.6 feet to the place of beginning, containing 2 acres, more or less.
To Rezone From: R, Rural District,
To: CPD, Commercial Planned Development District.
Tract 2: Situated in the Township of Plain County of Franklin and State of Ohio:
Being in Range 16, Tp. 2, Quarter Tp. 3, U.S.M. Lands and bounded and described as follows:
BEGINNING at a point in the center line of Beecham Road and North 651.08 feet from a spike where the center line of said road intersects the center line of Thompson Road; thence along the center line of Beecham Road North 142.42 feet to a point; thence North 89degrees 44' East (passing an iron pin at 25 feet) 603.17 feet to an iron pin; thence South 0degree 07' West 142.41 feet to an iron pin; thence South 89degrees 44' West (passing an iron pin at 577.89 feet) 602.89 feet to the place of beginning, containing 1.971 acres, more or less.
To Rezone From: L-C-4, Limited 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, "CPD EXHIBIT"and text titled "COMMERCIAL PLANNED DEVELOPMENT TEXT", both signed by Jeffrey L. Brown, Attorney for the Applicant, and dated July 2, 2003, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 5380 North Hamilton Road, Columbus, Ohio 43230
OWNER: BJH Land LLC
APPLICANT: BJH Land LLC
DATE OF TEXT: 7/2/03
APPLICATION NUMBER: Z98-017
1. INTRODUCTION: The property is located on the east side of North Hamilton Road, north of Thompson Road.
2. PERMITTED USES/SITE PLAN:
A. Those uses contained in Sections 3356.03 (C-4, Commercial). The following uses shall be excluded: Automobile sales room, Billboards, Off-premise Graphics (unless approved by the Graphics Commission), Book bindery, Bowling alley, Bus or truck terminal, Cabaret, Dance hall, Ice house, New or second hand car lot, Night club, Poolroom, Private club, Public garage for pay and Testing or experimental lab.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Commercial of the Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
1. A minimum forty (40) foot parking setback and a minimum sixty (60') foot building setback shall be established along North Hamilton Road.
2. Height district shall be thirty-five feet as measured per Columbus City Code with an absolute height of 40 feet.
3. The permitted maximum site density shall not exceed the ratio of 12,000 gross square feet of building per net acre of site.
4. Building and pavement lot coverage shall not exceed 80% of the parcel except that if a driveway parallel to Hamilton Road is constructed, then said driveway shall not be included in the lot coverage calculation.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. Size, ratio and type of parking and loading shall be regulated by the Columbus City Code under Chapter 3342.
2. Any development having full access to North Hamilton Road shall construct an additional lane on North Hamilton Road if required by the City of Columbus, Transportation Division. The additional lane shall run for the length of frontage to facilitate traffic turning onto and off of North Hamilton Road. Construction shall be done at time of development and to specifications of the City of Columbus. The commitment included in this sub-paragraph shall be waived by the City of Columbus if a lane has been constructed on the opposite side of North Hamilton Road along the entire frontage of this property at the time of issuance of zoning clearance for this rezoning application.
3. The subject property shall share a curb cut along its south property line with the parcel to the south and the property owner shall enter into a joint access agreement with the property owner of that southern parcel.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. From the east edge of the proposed North Hamilton Road right-of-way, a forty (40) foot green space corridor shall be established. Landscaping within the forty (40) foot green space corridor shall resemble an orchard and be based on the following standard:
a. Within the forty (40) foot green space corridor, there shall be a minimum of three (3) foot high continuous uniform earthen mound and a four (4) rail white fence located at the right of way line except for areas of egress and ingress roadways. The mound shall have a minimum 8:1 slope that will begin at the right-of-way. The mound will also have a 4:1 maximum slope on the opposite side, which will begin approximately twelve (12) feet from the setback line and have an approximate width of four (4) feet.
b. Two rows of ornamental trees shall be planted within the green space corridor in an orchard fashion at an approximate spacing of fifteen (15) feet on centers both ways. The first row of trees shall be planted twenty (20) feet from the right-of-way. Trees may be planted in pairs or staggered.
2. All parking areas along North Hamilton Road shall have headlight screening with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of earthen mounding.
3. Tree plantings shall be required within site parking and service areas. The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2.5 inch caliper per tree) to total site coverage by buildings and pavement:
a. 0 to 20,000 square feet: 6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
b. 20,001 to 100,000 square feet: 10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,000 square feet.
c. Over 100,000 square feet: 20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
4. At least 50% of required tree planting shall be integrated within parking or service areas. Existing trees of 3 inch caliper or greater may offset 2/3 of this requirement. Maximum possible green space shall be provided to minimize extensive unbroken hard surface area.
5. The landscaping required in items 5 and 6 may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus Zoning Code.
6. Minimum tree size shall be no less than 2.5 inches caliper for street and/or shade trees, 5 feet in height for evergreen trees and 1.5 inch caliper for ornamental trees caliper shall be measured 6" from the base of the tree.
7. If landscaping is used to screen a service area, 90% opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than seven (7) feet in height.
8. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
D. Building design and/or Interior-Exterior treatment commitments.
1. Within 300 feet of North Hamilton Road, the following architectural requirements shall apply. However, the requirements do not apply to buildings in which at least 80% of their ground floor footprint lies outside designated zone.
2. A residential appearing roof shall be required, and structures that appear to have flat roofs shall specifically be prohibited. A residential appearing roof shall be defined as a roof structure with a minimum pitch of 6:12 and a maximum roof of 12:12. The height of the roof element shall not be less than 40% of the overall height of the building as measured from finish floor to top of roof. Once the roof element has reached the 40% level, then the roof may be flattened or depressed so long as the flattened or depressed portion of the roof is not visible form adjacent parking, service areas or roadways. The sloped roof noted above shall be finished with one of the following materials: dimensional asphalt shingles, wood shakes, slate, composite slate, tile, standing metal seam, or copper.
3. A maximum of three building material types (excluding glass) shall be utilized for the exterior of any building including roof material. Minor accenting of structures through the use of a fourth building material shall be permitted.
4. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure except for vacuum pumps for the car wash. No junk or non-operative motor vehicles shall be stored or permitted to remain on any portion of the parcel outside the permitted structure.
5. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same material utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical and all other equipment on the ground shall be fully screened from view by wall, fence or landscape material utilizing the same material or character of the building.
6. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
7. All buildings shall be finished utilizing the same materials on all sides of the exterior.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external outdoor lighting shall be cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility. All light poles and standards shall be dark brown, bronze, or black.
3. Light poles in the parking lots shall not exceed 20 feet in height.
4. Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
5. Landscaping at entries to parking lots and buildings shall be uplighted by ground mounted concealed fixtures.
6. Dumpsters shall be screened on all four sides to an opacity of ninety percent.
7. All electrical wiring to the site shall be placed underground.
F. Graphics and Signage commitments.
All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code as they apply to C-4, Commercial District. Any variance to the sign requirements will be submitted to the Columbus Graphics Commission.
G. Miscellaneous commitments.
1. At the time of zoning clearance the applicant shall give to the Department of Recreation & Parks $800 as a park fee.
2. Prior to zoning clearance, the property owner shall dedicate to the City of Columbus by general warranty deed sixty feet from the centerline of North Hamilton Road at no cost to the City.
3. CPD Criteria
a. NATURAL ENVIRONMENT: The site is developed with two houses.
b. EXISTING LAND USE: The site is currently zoned commercial and residential.
c. TRANSPORTATION AND CIRCULATION: Access to the site shall be from North Hamilton Road.
d. VISUAL FORM OF THE ENVIRONMENT: See the development standards in the text.
e. VIEW AND VISIBILITY: In the development of the subject property and in the location of buildings and access points, consideration will be given to the visibility and safety of the motorists and pedestrians.
f. PROPOSED DEVELOPMENT: Commercial.
g. BEHAVIOR PATTERNS: The proposed development will serve the growing residential population adjacent to the Hamilton Road corridor.
h. EMISSIONS: No adverse emissions should occur from the proposed development.
i. VARIANCES REQUESTED: None
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.