Explanation
Rezoning Application Z06-078
APPLICANT: Karen S. Rofsky; 6290 Youngland Drive; Columbus, OH 43228.
PROPOSED USE: Establishment serving food or beverages to customers in their automobiles.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on January 11, 2007.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This proposed rezoning maintains the existing permitted uses and adds one new C-5 use, an establishment serving food or beverages to customers in their automobiles. This proposed use is limited to a 200 square foot building within the parking lot of an existing shopping center. The proposal is consistent with the West Columbus Interim Development Concept (1991) which recommends commercial uses for the property. The proposed use, as limited by size and location, is consistent with the zoning and development in the area.
Title
To rezone 5415 ROBERTS ROAD (43026), being 9.3± acres located on the south side of Roberts Road, 500± feet east of Hilliard-Rome Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-078)
Body
WHEREAS, application #Z06-078 is on file with the Building Services Division of the Department of Development requesting rezoning of 9.3± 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible 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 proposed use, as limited by size and location, is consistent with the zoning and development in the area. This proposed rezoning maintains the existing permitted uses and adds one new C-5 use, an establishment serving food or beverages to customers in their automobiles. This proposed use is limited to a 200 square foot building within the parking lot of an existing shopping center. The proposal is consistent with the West Columbus Interim Development Concept (1991) which recommends commercial uses for the property, 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:
5415 ROBERTS ROAD (43026), being 9.3± acres located on the south side of Roberts Road, 500± feet east of Hilliard-Rome Road, and being more particularly described as follows:
Description of 9.875 acres of land located on the southerly side of Roberts Road and on the easterly side of Hilliard-Rome Road, in the City of Columbus, County of Franklin, State of Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No.s 7029 and 6554 and containing 9.875 acres of land, more or less, part of said 9.875 acres being parts of Lots 3 and 4 as the same are numbered and delineated upon the recorded plat of Katherine Durban Subdivision, of record in Plat Book 23, Page 35, part of said 9.875 acres being all of that 0.667 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27416I15, part of said 9.875 acres being all of that 0.861 acres tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27259B10, part of said 9.875 acres being all of that 0.861 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27353J02, part of said 9.875 acres being all of that 0.861 residue of that 0.976 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27393C01, part of said 9.875 acres being all of that 1.076 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27353J05, part of said 9.875 acres being all of that 2.223 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27373A15, part of said 9.875 acres being all of that 2.907 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27259B13, part of said 9.875 acres being all of that 0.361 acre residue of that tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27353I18 and part of said 9.875 acres being all of that 0.059 acre tract of land described in Exhibit "A" in the deed to Puma Limited Partnership, of record in Official Record 27373A04, all being of record in the Recorder's Office, Franklin County, Ohio, said 9.875 acres being more particularly described as follows:
Beginning, for reference, at a railroad spike in the centerline of Roberts Road at the northwesterly corner of that 0.115 acre tract of land described in Exhibit "A" in the deed to the City of Columbus, Ohio, of record in Official Record 24615A07, said railroad spike being the northeasterly corner of that 0.663 acre tract of land described in Exhibit "A" in the deed to the City of Columbus, Ohio, of record in Official Record 23508H12, both being of record in the Recorder's Office, Franklin County, Ohio, said railroad spike also being S 87° 30'00" E, a distance of 340.35 feet from an aluminum cap set in concrete at the centerline intersection of Hilliard-Rome Road and said Roberts Road (Franklin County Monument FCGS-6665); thence S 06° 19'00" E, with the westerly line of said 0.115 acre tract and with the easternmost line of said 0.663 acre tract, a distance of 50.60 feet to a 3/4 inch (I.D.) iron pipe at the true point of beginning at the southwesterly corner of said 0.115 acre tract, the same being the northwesterly corner of said 0.861 acre tract;
Thence, from said true point of beginning, S 87° 30'00" E, with the northerly lines of said 0.861 acre tracts and 1.076 acre tract and with the southerly lines of those 0.115 acre tracts of land described in the deeds to the City of Columbus, Ohio, of record in Official Record 24615A07, Official Record 24615A11, Official Record 27412D03, and with the southerly line of that 0.143 acre tract of land described in Exhibit "A" in the deed to the City of Columbus, Ohio, of record in Official Record 26815G07, all being of record in the Recorder's Office, Franklin County, Ohio, the same being parallel with and 50.00 feet southerly from, as measured at right angles, the centerline of said Roberts Road, a distance of 425.00 feet to a 3/4 inch (I.D.) iron pipe at the northeasterly corner of said 1.076 acre tract in a westerly line of said 2.223 acre tract, the same being the southeasterly corner of said 0.143 acre tract;
Thence N 06° 19'00" W, with a westerly line of said 2.223 acre tract and with the easterly line of said 0.143 acre tract, a distance of 50.60 feet to a railroad spike at a northwesterly corner of said 2.223 acre tract in the centerline of said Roberts Road, the same being the northeasterly corner of said 0.143 acre tract;
Thence S 87° 30'00" E, with the centerline of said Roberts Road and with the northerly line of said 2.223 acre tract, a distance of 180.11 feet to a railroad spike at the northeasterly corner of said 2.223 acre tract;
Thence southwardly, with the easterly boundary of said 2.223 acre tract, the following six (6) courses and distances:
1) S 02° 30'00" W, a distance of 50.00 feet to a 3/4 inch (I.D.) iron pipe at a point of
curvature;
2) Southwestwardly, with the arc of a curve to the left having a radius of 25.00 feet,
a central angle of 97° 45'59" and a chord that bears S 43° 37'01" W, a chord distance of 37.67 feet to a 3/4 inch (I.D.) iron pipe at a point of compound curvature;
3) Southwardly, with the arc of a curve to the left having a radius of 210.00 feet, a
central angle of 17° 54'23" and a chord that bears S 14° 13'11" E, a chord distance of 65.36 feet to a 3/4 inch (I.D.) iron pipe at a point of tangency;
4) S 23° 10'22" E, a distance of 129.03 feet to a 3/4 inch (I.D.) iron pipe;
5) S 66° 49'38" W, a distance of 60.00 feet to a 3/4 inch (I.D.) iron pipe;
6) S 06° 19'00" E, a distance of 337.13 feet to a 3/4 inch (I.D.) iron pipe at the southeasterly corner of said 2.223 acre tract;
Thence S 83° 35'59" W, with the southerly line of said 2.223 acre tract, with the
southerly line of said 2.907 acre tract and with the northerly line of that 8.122 acre residue of that 11.029 acre tract of land described in Exhibit "A" in the deed to Bayside Commons II Limited Partnership, of record in Official Record 21462J11, Recorder's Office, Franklin County, Ohio, passing a 5/8 inch solid iron pin at both the southwesterly corner of said 2.223 acre tract and the southeasterly corner of said 2.907 acre tract at a distance of 154.00 feet, a total distance of 647.92 feet to a 5/8 inch solid iron pin at the southwesterly corner of said 2.907 acre tract, the same being the northwesterly corner of said 8.122 acre residue tract, said iron pipe also being in the easterly line of said 0.059 acre tract;
Thence S 06° 24'06" E, with the easterly line of said 0.059 acre tract, with the easterly line of said 0.361 acre residue tract and with the westerly line of said 11.029 acre tract, a distance of 105.29 feet to a 3/4 inch (I.D.) iron pipe at the southeasterly corner of said 0.361 acre residue tract, the same being the northeasterly corner of the land conveyed to Kermit L. Frische by Certificate of Transfer, of record in Official Record 08486D06, Recorder's Office, Franklin County, Ohio;
Thence N 87° 21'47" W, with the southerly line of said 0.361 acre residue tract, with the northerly line of said Frische Land, with the southerly line of said Lot 4 and with the northerly line of Lot 5 of Katherine Durban Subdivision, a distance of 180.29 feet to a 3/4 inch (I.D.) iron pipe at the southwesterly corner of said 0.361 acre residue tract, the same being the southeasterly corner of that 0.046 acre tract of land described in Exhibit "A" in the deed to the City of Columbus, Ohio, of record in Official Record 26815G12, Recorder's Office, Franklin County, Ohio;
Thence N 06° 22'47" W, with the westerly line of said 0.361 acre residue tract and with the easterly line of said 0.046 acre tract, the same being parallel with and 60.00 feet easterly from, as measured at right angles, the centerline of Hilliard-Rome Road, a distance of 70.98 feet to a 3/4 inch (I.D.) iron pipe at the northeasterly corner of said 0.361 acre residue tract, the same being the southwesterly corner of that 0.048 acre tract of land described in Exhibit "A" in the deed to Michael T. McClaskie and Teresa D. McClaskie, of record in Official Record 27373A08, Recorder's Office, Franklin County, Ohio;
Thence N 84° 10'07" E, with the northerly line of said 0.361 acre residue tract and with the southerly line of said 0.048 acre tract, a distance of 84.49 feet to a 3/4 inch (I.D.) iron pipe at an angle point in the northerly boundary of said 0.361 acre residue tract, the same being an angle point in the southerly boundary of said 0.048 acre tract;
Thence N 51°07'14" E, with the northwesterly line of said 0.361 acre residue tract, with a northwesterly line of said 0.059 acre tract, with the southeasterly line of said 0.048 acre tract and with a southeasterly line of that 0.350 acre residue of the land described in the deed to Michael T. McClaskie and Teresa D. McClaskie, of record in Official Record 24510F12, Recorder's Office, Franklin County, Ohio, a distance of 52.21 feet to a 3/4 inch (I.D.) iron pipe at an angle point in the northwesterly boundary of said 0.059 acre tract, the same being an angle point in the southeasterly boundary of said 0.350 acre residue tract;
Thence N 38° 35'54" E, with the northwesterly line of said 0.059 acre tract and with a southeasterly line of said 0.350 acre residue tract, a distance of 70.00 feet to a 3/4 inch (I.D.) iron pipe at the northerly corner of said 0.059 acre tract in the westerly line of said 2.907 acre tract, the same being an angle point in the easterly boundary of said 0.350 acre residue tract;
Thence N 06° 24'06" W, with the westerly line of said 2.907 acre tract, with the easterly line of said 0.350 acre residue tract, with the easterly line of those tracts of land designated as Parcel II and Parcel III in the deed to Gregory C. Landis, of record in Official Record 15476E03, Recorder's Office, Franklin County, Ohio, a distance of 224.79 feet to a 5/8 inch solid iron pin at the northwesterly corner of said 2.907 acre tract in the southerly line of said 0.667 acre tract, the same being the northeasterly corner of said Parcel III;
Thence N 87° 28'37" W, with the southerly line of said 0.667 acre tract and with the northerly line of said Parcel III, a distance of 9.89 feet to a 1/2 inch solid iron pin at the southwesterly corner of said 0.667 acre tract, the same being the northwesterly corner of said Parcel III, said iron pipe also being the northeasterly corner of Lot 1 of said Katherine Durban Subdivision and at the southeasterly corner of that 0.603 acre tract of land described in Exhibit "A" in the deed to Cameras, Inc., of record in Official Record 25024B09, Recorder's Office, Franklin County, Ohio;
Thence N 06° 20'04" W, with the westerly line of said 0.667 acre tract, with the easterly line of said 0.603 acre tract and with the easterly line of that 0.603 acre tract of land described in Exhibit "A" in the deed to Cord Camera Centers, Inc., of record in Official Record 23456H20, Recorder's Office, Franklin County, Ohio, a distance of 229.97 feet to a 3/4 inch (I.D.) iron pipe at the northwesterly corner of said 0.667 acre tract, the same being the northeasterly corner of said Cord Camera Centers, Inc., 0.603 acre tract, the same being an angle point in the southerly boundary of that 0.761 acre tract of land described in Exhibit "A" in the deed to Smith-Tandy Realty (7-Eleven), of record in Official Record 26734C14, Recorder's Office, Franklin County, Ohio;
Thence N 53° 35'15" E, with the northwesterly line of said 0.667 acre tract and with the southeasterly line of said 0.761 acre tract, a distance of 124.54 feet to a 3/4 inch (I.D.) iron pipe at the northeasterly corner of said 0.667 acre tract in the westerly line of said 0.861 acre tract, the same being an angle point in the easterly boundary of said 0.761 acre tract;
Thence N 06° 19'00" W, with the westerly line of said 0.861 acre tract and with the easterly line of said 0.761 acre tract, a distance of 70.12 feet to the true point of beginning and containing 9.875 acres of land, more or less. Excepting therefrom a certain 0.535 acres platted as "Dedication Plat of Potts Place and Easements" of record in Plat Book 81, Page 82, Recorder's Office, Franklin County, Ohio.
Subject to all rights-of-way, easements and restrictions, if any, of previous record. Also subject to all legal highways.
We hereby state that the foregoing description was prepared from information obtained from various field surveys conducted by Bauer, Davidson & Merchant, Inc. beginning in February of 1994 and were in place in September of 1994.
All of the survey markers noted in the foregoing description were in place in September of 1994.
The bearings given in the foregoing description are based on the bearing of
S 87° 30'00" E, as given for the centerline of Roberts Road in the deed of dedication to the City of Columbus, Ohio, of record in Official Record 23508H12, Recorder's Office, Franklin County, Ohio.
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, "SITE PLAN 1 OF 2", "SITE PLAN 2 OF 2, " and text titled, "RE-ZONING APPLICATION Z06-078 CPD TEXT" , all signed by Karen S. Rofsky, Applicant, and dated April 3, 2007, and the text reading as follows:
Re-Zoning Application Z06-078 CPD Text
Continental Development
CPD Text
5419 Roberts Road
Case No. 94-071
Allowable Uses: Allowable Uses on the subject site shall be those governed by Chapter 3355, 3356, C-4 Commercial District, City of Columbus Zoning Code. An additional allowable use is an establishment serving food or beverages to customers in their automobiles, limited to one maximum 200 square foot building located on the 0.20 acre area identified on the site plan.
- The following uses shall not be permitted:
Adult book store
Adult motion picture theater
Adult-only entertainment
Poultry (killing and dressing for sale at retail)
Stables
Billboards or off-premise graphics
Cabaret, dance hall, nightclub, private club or pool room
Portable and moveable free-standing signs
II. Applicable development standards: Except as otherwise noted, the applicable development standards of chapter 3355, 3356 shall apply to this property.
- General and specific development standards: In addition, the following general and specific development standards shall apply.
1. Lighting.
a. All external outdoor lighting shall be cut-off fixtures (down lighting).
b. All external outdoor lighting fixtures to be used shall be from the same or a similar manufacturer.
c. All light poles and standards shall be brown, black or bronze in color and shall either be constructed of wood or brown, dark brown, black or bronze color metal.
d. Parking lot lighting shall be no higher than twenty-eight (28) feet.
2. Signage.
a. The location of the two ground-supported signs, as well as the sign itself, are shown on the submitted site plans.
b. All signage shall be internally illuminated only.
c. All other signage requirements shall be as otherwise indicated in the City Graphics Code, Article 15, Title 33, Columbus City Code.
3. Setbacks.
a. The parking setback and building setback as shown on the site plans.
4. Environmental Treatment.
a. All parking areas adjacent to or across the street from residentially zoned and used property shall have height along such frontage, as measured from the elevation of the nearest section of the adjacent parking area.
b. Lot coverage for structures and paved areas may not exceed eighty-five percent (85%) of the net usable area (gross zoned acreage excluding publicly dedicated streets).
c. Loading areas shall be screened from view by opaque material and/or structures and/or landscaping to a minimum height of six (6) feet from the east and south property lines.
d. A wood fence shall be used as an accent feature around any retention areas along Roberts Road in front of the parking lot. The fence detail is shown on the submitted site plans.
e. A detention area is shown on the plat plan at the southeast corner of the site. This area will be used to detain on site stormwater run-off. However, this detention area can be enlarged to the south and east across the existing property lines or the property lines might be altered to allow for increasing the capacity of the detention area to include stormwater from areas to the south and east. Any enlargement of the detention area shall be reviewed and approved by the administrative division of regulations Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
5. Traffic.
a. The access points are shown on the submitted site plans but may be modified in accordance with sections 5(b)(c) and (d) below.
b. As shown on the submitted site plans, Bessler Avenue Potts Place will be platted and dedicated as a public street and located opposite existing Bessler Avenue and access to the site will be via a curb cut off Bessler Avenue Potts Place to the south of Roberts Road. A westbound left turn lane shall be installed by the applicant on Roberts Road at Bessler Avenue Potts Place.
c. In the event access to Rome-Hilliard Road can be obtained over any property lying between the site and Rome-Hilliard Road, such access may be added as an additional access point in the event of the approval of such access by the city of Columbus, division of traffic.
d. The shopping center driveway shall line up with the proposed light on Rome-Hilliard Road and the applicant shall pay his portion of the cost to modify the traffic signal to accommodate this driveway.
6. Other requirements.
a. All walkway/street intersections shall have wheelchair ramps. All medians, parking lot "end caps" and/or intersecting curbs shall have wheelchair chair ramps when intersecting walkways.
b. A thirty-five (35) foot height limitation shall be in effect.
c. The proposed maximum 200 square foot building reduces the available parking spaces by 32, creating a total deficit of 88 parking spaces for the development. A parking variance of 88 spaces shall be in effect.
7. Site plans/building elevation.
a. The property shall be developed in accordance with the submitted site plans. The site 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 site plans shall be reviewed and approved by the administrator, division of regulations or his designee upon submission of the appropriate data regarding the proposed adjustment. The general layout and site concept shall, however, conform to the site plans.
b. The general appearance of the shopping center is shown on the submitted building elevation drawing. This drawing is subject to final architectural detail, but the general appearance shall conform to the building elevation.
Additional restrictions, which shall apply to the McClaskie property, which is north of the entry, drive off of Rome-Hilliard Road.
a. Environmental Treatments:
1. All parking areas along Rome-Hilliard Road shall have headlight screening of thirty (30) inches minimum height along such roadway as measured from the elevation of the nearest section of the adjacent parking area.
2. Two street trees shall be installed within the Rome-Hilliard Road setback. Minimum size at installation, 2.5 inch caliper.
b. Signage:
1. This site shall have two free-standing signs, one sign along Rome-Hilliard Road with a maximum height of ten feet and one sign along the east property line which would provide identification from the shopping center driveway with a maximum height of four feet with a maximum square footage of sixty square feet and a minimum setback from the property line of three feet.
c. Setback:
1. The parking setback shall be ten feet along Rome-Hilliard Road.
d. Traffic:
1. When the shopping center driveway is installed on the adjacent property to the south, so that this property has access to Rome-Hilliard Road via the new shopping center driveway, then the current curbcut along Rome-Hilliard Road shall be closed and removed at the property owner's expense.
2. The area north of the entry drive from Rome-Hilliard Road may be used for driveway and parking lot for the McClaskie property provided the parking lot screening required by in Section 8(a)(1) is continued along Rome-Hilliard Road.
e. Building Elevation:
1. Before the existing structure is used for a non-residential use the building elevation which faces Rome-Hilliard Road shall be faced with brick and may include a glass entranceway.
f. Application Standards:
1. These specific development standards, as well as the other development standards contained in this text, shall not apply to McClaskie property while that property is being used for residential purposes.
9. Natural Environment.
The property is located on the south side of Roberts Road adjacent to and east of Rome-Hilliard Road.
10. Existing Land Uses.
The site is zoned R and AR-12; to the north is property zoned R, R-1 and L-C-4, with existing houses, some with commercial uses; to the south is zoned AR-12 developed with an apartment complex.
11. Transportation and Circulation.
The curbcuts and the internal circulation patterns are shown on the submitted
site plan.
12. View and Visibility.
In the development of the subject property and in the location of the buildings and access points, consideration has been given to the visibility and safety of the motorist and pedestrian.
13. Emissions.
No adverse affect from emissions shall result from the proposed development.
14. Behavior Patterns.
The proposed site is locate at the intersection of two major materials, Roberts
Road and Rome-Hilliard Road. Retail/commercial zoning and land uses presently exist at the other three corners of this intersection. The City has previously encouraged the historic residential owners of the properties contained in this application to aggregate their ownerships into one developable site and entity. This development achieves that goal. The retail center would serve both the local community and the motorists using Roberts and Rome-Hilliard Roads.
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.