Explanation
Rezoning Application Z03-051
APPLICANT: Jimmy E. and Cheryl Mcbee; c/o Charles Griffith, Atty.; 575 Copeland Mill Road, 2E; Westerville, Ohio 43081.
PROPOSED USE: Automobile sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on October 9, 2003.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Staff believes that a used car sales lot zoned in an L-C-4, Limited Commercial District that includes customary use restrictions and development standards is appropriate for this corner lot on Eakin Road. The limitation text includes development standards that address site access and provide buffering, screening and lighting restrictions in consideration of single-family dwellings located to the north.
Title
To rezone 2270 EAKIN ROAD (43223), being 0.62± acres located at the northwest corner of Eakin Road and Midland Avenue, From: R-2, Residential District, To: L-C-4, Limited Commercial District (Rezoning # Z03-051).
Body
WHEREAS, application #Z03-051 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.62± acres, From R-2, Residential District, To L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed L-C-4, Limited Commercial District includes customary use restrictions and development standards appropriate for this corner lot on Eakin Road. The limitation text establishes development standards that address site access and provide buffering, screening and lighting restrictions in consideration of single-family dwellings located to the north; 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:
2270 EAKIN ROAD (43223), being 0.62± acres located at the northwest corner of Eakin Road and Midland Avenue, and being more particularly described as follows:
Situated in Franklin Township, Franklin County, Ohio, and being in Virginia Military Survey No. 971, and further being part of a certain 5.70 Acre Tract conveyed to Henrietta Detwiler by deed of record in Deed Book 1896, page 145, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING as an iron pin marking the northwest corner of the herein described tract and the northwest corner of the above mentioned 5.70 Acre Tract, and in the centerline of (OLD) EAKIN ROAD;
thence and with the northerly lines of said herein described tract and the 5.70 Acre Tract, and said centerline, South 44 degrees 33 minutes East, 301.30 feet (deed call is 201.50 feet) to an iron pin marking angle point;
thence and continuing with said northerly lines and said centerline, South 22 degrees 41 minutes East, 64.13 feet to a P.K. Nail marking the northeasterly corner of the herein described tract;
thence and with the easterly line of the herein described tract, South 14 degrees 43 minutes West, 66.20 feet to an iron pin marking the southeast corner of the herein described tract; said iron pin being located in the northerly right-of-way line of the (NEW) EAKIN ROAD;
thence and with the southerly line of the herein described tract and said northerly right-of-say line of the (NEW) EAKIN ROAD, North 60 degrees 24 minutes West, 221.65 feet to an iron pin marking the southwest corner of the herein described tract in the west line of the above mentioned 5.70 acre tract;
thence and with the westerly lines of the herein described tract and said 5.70 acre tract, North 15 degrees 30 minutes East, 163.10 feet to the place of beginning, containing 0.619 acres, more or less, and subject to all legal roads and any former deeds of easement.
To Rezone From: R-2, Residential District,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, "LIMITATION OVERLAY TEXT DEVELOPMENT PLAN" signed by Charles R. Griffith, Attorney for the Applicant, dated October 10, 2003, and reading as follows:
LIMITAION OVERLAY TEXT DEVELOPMENT PLAN
PROPOSED DISTRICT: L-C-4, Limited Commercial District.
PROPERTY ADDRESS: 2270 Eakin Road, Columbus, OH 43223.
OWNER: Jimmy E. and Cheryl McBee.
APPLICANT: Jimmy E. and Cheryl McBee, c/o Charles R. Griffith, Atty.; 575 Copeland Mill Rd., 2E, Westerville, Ohio 43081.
DATE OF TEXT: October 10, 2003.
APPLICATION NUMBER: Z03-051.
1. INTRODUCTION: The site is located at the intersection of New Eakin Road and Old Eakin Road. The site is currently zoned district R-2, but was previously used as a gasoline station. Upon rezoning, the site will be used for Commercial District uses and used vehicle sale.
2. PERMITTED USES: Those uses permitted in Section 3356.03 (C-4 Commercial) except the following:
Appliance Stores, Bars, Cabarets and Nightclubs, Blood and Organ Banks, Building Material and Supplies Dealers, check cashing and loans, card reading, community food pantry, consumer goods rental, discount department stores, electronics stores, floor covering stores, furniture and home furnishings stores, home centers, household and personal goods maintenance and repair, linen and uniform supply, missions/temporary shelters, pawn brokers, reupholster and furniture repair, sporting goods and outfitters stores, supermarket, used merchandise stores, warehouse club and super center, bowling center, drive-in motion picture theater, farm equipment and supply store, hotel and motel, hospital, lawn and garden equipment and supplies store, paint and wallpaper store, performing arts, spectator sports, and related industries, theaters, dance companies and dinner theater, animal shelter, amusement arcade, halfway house, veterinarians.
3. DEVELOPMENT STANDARDS:
Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
No new structures are planned for the site. Future structures, if any, shall be subject to minimum building setback of 30" from Eakin Road (new and old)
B. Access, Loading, parking and/or other Traffic related commitments.
There are two curb-cuts on New Eakin Road. Part of the premises was previously conveyed for future right-of-way expansion. Access to Old Eakin Road has been closed and will remain closed. Final site plan, for purpose of access, is subject to transportation division approval.
C. Buffering, Landscaping, Open Space and/or Screening commitments.
1. The existing 6' chain length fence with inserted buffering slats, which begins near the west property line and runs the entire North side of the property and ends within approximately 30' of the intersection of Old Eakin Rd. and New Eakin Rd, shall remain and be maintained.
2. Deciduous trees, of the same species, shall be planted along the existing fence referenced above in C(1), evenly spaced, at the rate thirty-five (35) feet on center, and shall continue to within 25 to 30 feet of the Midland Ave. intersection.
3. Entranceway on Old Eakin Road, shall be closed and returned to grass.
4. A 30" high, continuous hedge shall be planted from the end of the existing fence referenced in C(1) above, and shall run along the entire remaining Old Eakin Road frontage, extending to within 10 to 15 feet of the Midland Ave. intersection.
5. Buffering between the site and all adjacent residential uses as follows:
a. A six-foot Board on Board fence shall be constructed on the West side of the property. Deciduous trees, of the same species and subject to the approval of the City Forester, shall be planted, evenly spaced, at the ratio of one tree per Forty (40) lineal feet on center, along the fence.
b. All trees shall meet the following minimum size at the time of planting and shall be subject to approval of the City Forester: shade trees, 2.5" caliper; ornamental trees, 1.5" caliper; and evergreen trees, 5' in height. Caliper shall be measured 6" above grade.
c. All trees and landscaping, existing or new, shall be well maintained. Dead items shall be removed and replaced within six months or the next planting season, which ever occurs first.
D. Building Design and/or Interior-Exterior Treatment commitments.
1. No bay doors shall face residentially zoned property.
2. Auto maintenance and storage of parts shall be interior only.
3. There will be no elevated display of Automobiles.
E. Dumpsters, Lighting, Outdoor display areas and/or other Environmental commitments.
1. Lighting
a. Lighting under the existing canopy or poles shall be down-cut or recessed. Any existing lighting under the canopy or poles, which does not meet this requirement, shall be altered or removed and replaced in order to comply.
b. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer type to insure aesthetic compatibility. All signage shall be internally illuminated. No uplighting shall be used on the premises.
c. Lighting shall not exceed 14 feet in height within 100 feet of residentially zoned property.
d. Accent lighting shall be permitted provided such light source is concealed.
F. Graphics and/or Signage Commitments.
All graphics and signage shall be as otherwise indicated for C-4 uses in the City Graphics Code. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.