Explanation
REZONING APPLICATION: Z04-048.
APPLICANT: CarMax Auto Superstores, Inc; c/o George McCue and Michael Shannon, Attys.; Crabbe, Brown & James, LLP.; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Used automobile sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 12, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District to develop an automotive sales business is consistent with land use recommendations of the Northland Plan I (2001), with the Northland Standards (2001), and with surrounding commercial development. The CPD text includes use restrictions and development standards similar to those established for the adjacent Easton shopping center. There will be no access from this site to Sunbury Road, no direct access to Morse Road, and the wooded ravine located on the northwest portion of the site along Sunbury Road will remain undeveloped. The proposed reduction to the Sunbury Road building setback line is reasonable because the Applicant has agreed to dedicate more right-of-way than is required by the Columbus Thoroughfare Plan and extensive landscaping will be installed along Sunbury Road.
Title
To rezone 3790 MORSE ROAD (43219), being 12.77± acres located at the northeast corner of Morse and Sunbury Roads, From: R, Rural and L-R, Limited Rural Districts, To: CPD, Commercial Planned Development District (Z04-048) and to declare an emergency.
Body
WHEREAS, application #Z04-048 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.77± acres, from R, Rural and L-R, Limited Rural Districts, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because requested CPD, Commercial Planned Development District to develop an automotive sales business is consistent with land use recommendations of the Northland Plan I (2001), with the Northland Standards (2001), and with surrounding commercial development. The CPD text includes use restrictions and development standards similar to those established for the adjacent Easton shopping center. There will be no access from this site to Sunbury Road, no direct access to Morse Road, and the wooded ravine located on the northwest portion of the site along Sunbury Road will remain undeveloped. The proposed reduction to the Sunbury Road building setback line is reasonable because the Applicant has agreed to dedicate more right-of-way than is required by the Columbus Thoroughfare Plan and extensive landscaping will be installed along Sunbury Road; now, therefore
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this legislation because of time constraints and financial hardship to the applicant with regard to closing on several related parcels of property for the immediate preservation of the public peace, property, health and safety; 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:
To rezone 3790 MORSE ROAD (43230), being 12.77± acres located at the northeast corner of Morse and Sunbury Roads, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and located in Quarter Township 3 Township 2, Range 17, United States Military Lands, containing 12.763 acres of land, said 12.763 acres being comprised of all of Parcels 1, 2, 3, 4, and 6 as the same are conveyed to Morno Holding Co. by deed of record in Official Record 30123A01, all of that tract of land conveyed to Morno Holding Co. by deed of record in Official Record 30288B07, all of Tract 6 conveyed to Hiram A. and Yvonne K. Richardson, Trustees of the Richardson Family Trust by deed of record in Instrument number 200001100006753, part of that tract of land conveyed to Joyce Storc by deed of record in Official Record 17627A02, and part of the tract of land conveyed to James Hassey, Robert Chapa, Alex E. Silva, and Richard L. Perry, DBA, Pinewood Remodelers Co. by deed of record in Deed Book 3721, Page 312, all references being to records of the Recorder's Office Franklin County, Ohio, said 12.763 acres being more particularly bounded and described as follows:
Beginning for reference at FCGS monument number 5252 found at the centerline intersection of Sunbury Road and Morse Road;
thence South 86° 15' 51" East, with the centerline of Morse Road, a distance of 54.04 feet to FCGS monument number 5253 found in the centerline of Morse Road;
thence South 86° 15' 51" East, with the line between Blendon Township and Mifflin Township, a distance of 1168.60 feet to a point;
thence North 3° 44' 06" East, leaving said township line, a distance of 100.00 feet to an iron pin set in the northerly right-of-way line of Morse Road at the southwesterly corner of the CRI Easton Square LLC tract of record in Instrument Number 200313190399554, said iron pin being the TRUE POINT OF BEGINNING for the tract herein intended to be described;
thence North 86° 15' 51" West, with the northerly right-of-way line of Morse Road as conveyed to the City of Columbus by deeds of record in Official Record 30577D06, Official Record 30008B15, and Official Record 21443C19, said line also being the southerly lines of the said James Hassey, Robert Chapa, Alex E. Silva, and Richard L. Perry DBA, Pinewood Remodelers Co tract, the Joyce Storc tract, and the Morno Holding Co. Parcels 3, 2, and 1, a distance of 521.30 feet to an iron pin set at the southwesterly corner of the said Morno Holding Co. Parcel 1, said iron pin also being in the easterly line of the said Morno Holding Co. tract of record in Official Record 30288B07;
thence South 10° 21' 09" West, with the westerly line of the City of Columbus tract of record in Official Record 21443C19, said line also being the easterly line of the said Morno Holding Co. tract, a distance of 8.05 feet to an iron pin set at the southeasterly corner of the said Morno Holding Co. tract, said iron pin also being in the northerly right-of-way line of Morse Road;
thence with the northerly right-of-way line of Morse Road as conveyed to the City of Columbus by deed or record in Official Record 30008B12, said line also being the southerly lines of the said Morno Holding Co tract the following courses:
North 86° 15' 51" West, a distance of 52.20 feet to an iron pin set;
North 87° 25' 04" West, a distance of 200.93 feet to an iron pin set;
North 76° 06' 28" West, a distance of 50.99 feet to an iron pin set;
North 87° 25' 04" West, a distance of 222.24 feet to an iron pin set; and
Northwestwardly with the arc of a curve to the right (Delta = 125° 04' 55", Radius = 30.00 feet) a chord bearing and distance of North 24° 52' 25" West, 53.24 feet to an iron pin set in the easterly right-of-way line of Sunbury Road;
thence with the easterly right-of-way line of Sunbury Road as conveyed to the City of Columbus by deed of record in Official Record 30008B12, said line also being the westerly line of the said Morno Holding Co. tract the following courses;
North 37°40' 13" East, a distance of 53.21 feet to an iron pin set;
North 34° 00' 42" East, a distance of 47.97 feet to an iron pin set; and
North 43° 56' 21" East, a distance of 38.73 feet to and iron pin set at the northwesterly corner of the said Morno Holding Co. tract, said iron pin also being at the southwesterly corner of the said Morno Holding Co. tract of record in Official Record 30123A01;
thence with the easterly right-of-way line of Sunbury Road as conveyed to the City of Columbus by deed of record in Official Record 29898A06, said line also being the westerly line of the said Morno Holding Co. tract of record in Official Record 30123A01 the following courses;
North 43° 55' 19" East, a distance of 112.71 feet to an iron pin set;
North 38° 54' 25" East, a distance of 45.32 feet to an iron pin set; and
North 45° 14' 28" East, a distance of 68.58 feet to an iron pin set the northwesterly corner of the said Morno Holding Co. tract, said iron pin also being at a southwesterly corner of the said Tract 6 as conveyed to the Hiram A. Richardson and Yvonne K. Richardson, Trustees of the Richardson Family Trust;
thence North 45° 14' 31" East, with the easterly right-of-way line of Sunbury Road as conveyed to the City of Columbus by deed of record in Official Record 33302B09, said line also being the westerly line of the said Tract 6 as conveyed to the Hiram A. Richardson and Yvonne K. Richardson, Trustees of the Richardson Family Trust, a distance of 144.09 feet to an iron pin set at an angle point in the right-of-way line of Sunbury Road and at the northwesterly corner of the said Tract 6 as conveyed to the Hiram A. Richardson and Yvonne K. Richardson, Trustees of the Richardson Family Trust, said iron pin also being in the southerly line of the said Morno Holding Co. Parcel 6;
thence North 65° 13' 10" West, with the northerly line of the said City of Columbus tract of record in Official Record 33302B09, also being the southerly line of the said Morno Holding Co. Parcel 6, a distance of 5.34 feet to in iron pin set in the easterly right-of-way line of Sunbury Road at the southeasterly corner of the City of Columbus tract of record in Official Record 21443C19, said iron pin also being at the southwesterly corner of the said Morno Holding Co. Parcel 6;
thence North 45° 14' 28" East, with the easterly right-of-way line of Sunbury Road, also being the westerly line of the said Morno Holding Co. Parcel 6, a distance of 558.90 feet to an iron pin set at a southwesterly corner of the CRI Easton Square LLC. tract of record in Instrument Number 200313190399554, said iron pin also being at the northerly corner of the said Morno Holding Co. Parcel 6;
Thence leaving the said right-of-way line with a line common to said Morno Holding Co. Parcel 6 and said CRI Easton Square LLC. tract the following courses;
South 44° 41' 59" East, a distance of 149.75 feet to an iron pin set;
South 17° 51' 52" East, a distance of 100.50 feet to an iron pin set; and
South 17° 51' 54" East, a distance of 248.50 feet to an iron pin found (0.17' west and 0.05' south) at a southwesterly corner of the said CRI Easton Square LLC. tract and the northwesterly corner of the said James Hassey, Robert Chapa, Alex E. Silva, and Richard L. Perry DBA, Pinewood Remodelers Co tract;
thence South 86° 16' 56" East, with a southerly line of the said CRI Easton Square LLC. tract the same being the northerly line of the said James Hassey, Robert Chapa, Alex E. Silva, and Richard L. Perry DBA, Pinewood Remodelers Co tract, a distance of 163.45 feet to an iron pin set;
thence South 5° 41' 40" West, with a westerly line of the said CRI Easton Square LLC. tract the same being the easterly line of the said James Hassey, Robert Chapa, Alex E. Silva, and Richard L. Perry DBA, Pinewood Remodelers Co tract a distance of 433.71 feet to the TRUE POINT OF BEGINNING containing 12.763 acres of land, more or less.
Subject to a legal rights-of-way, easements and restrictions of record, if any.
The bearings used in this description are based on the Ohio State Plane Coordinate System, South Zone and were established using FCGS monuments numbers 5253 and 5254 (1995 adjustment) which have a bearing between them of South 86° 15' 51" East.
All iron pins set are ¾ inch iron pipes with a plastic plug placed in the top end inscribed Rii.
The above description is based on a field survey performed by Resource International Inc., during December of 2003, January of 2004, and July of 2004.
Resource International Inc., Mark S. Ward P.S. 7514
To Rezone From: R, Rural and L-R, Limited Rural Districts,
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 "CARMAX STORE NO. 7283, EASTON, COLUMBUS, OHIO; SHEET SP-18CPD-3" and "CARMAX STORE NO. 7283, EASTON, COLUMBUS, OHIO; LANDSCAPE DEVELOPMENT PLAN; SHEET LS-1" and text being titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT, 3790 MORSE ROAD, 12.77± ACRES" all signed by George R. McCue, Attorney for the Applicant, all dated September 1, 2003, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT, 3790 MORSE ROAD, 12.77± ACRES
PROPOSED DISTRICT: CPD, Commercial Planned Development District.
PROPERTY ADDRESS: 3790 Morse Road.
OWNER: Morno Holding Co., et al.
APPLICANT: CarMax Auto Superstores, Inc., c/o CRABBE, BROWN & JAMES, LLP.; George R. McCue, Esq., Michael T. Shannon, Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, gmccue@cbjlawyers.com; mshannon@cbjlawyers.com.
DATE OF TEXT: September 1, 2004.
APPLICATION NUMBER: Z04-048.
1. INTRODUCTION:
The subject property ("Site") consists of multiple parcels totaling 12.77+ acres at the northeast corner of Sunbury Road and Morse Road. The recently-annexed parcels in the Site are zoned R, Residential, and are currently occupied with residential structures. Applicant proposes to rezone the Site to CPD, to allow the construction of CarMax, a Fortune 500 national automobile retailer. The Site falls within the Northland area, and the limitation text herein is intended to comply with the Northland Plan (Volume I).
2. PERMITTED USES:
The following uses shall be permitted: All uses of Chapter 3356 (C-4), except the following prohibited uses:
Armory, assembly hall, billboards, bowling alley, business college, dance halls, electric substation, ice house, motor bus terminal, newspaper printing, off-premise graphics, private club, skating rink, stables, telephone substation, testing or experimental laboratory, trade school
3. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setbacks: The minimum building setback from Morse Road shall be sixty (60) feet from the street right-of-way line. The minimum building setback from Sunbury Road shall be thirty-five (35) feet from the street right-of-way line.
2. Parking Setback: The minimum parking and pavement setback shall be twenty-five (25) feet from the street right-of-way line. Within the parking setback, Applicant shall maintain a landscaped green space, as depicted in the Landscape Plan.
3. Lot coverage for all buildings and pavement shall not exceed 80%.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Transportation Division.
2. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be via Morse Crossing Road.
3. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements, as applicable, are provided to insure the function of shared driveways and aisles.
4. If the Developer wishes to provide parking spaces other than as required by Code, then the Developer shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the Transportation Division. A shared parking analysis approved by the Transportation Division may be submitted to the Director of Development, or his/her designee, who may grant an administrative variance for the number of parking spaces required.
5. The Applicant and/or owner/developer shall widen southbound Morse Crossing twelve (12) feet with additional pavement, to provide a 325-foot right turn lane, including a 50-foot taper, as it approaches Morse Road. Required construction of said lane shall include all necessary pavement markings and all signal modifications necessary at the Morse Road/Morse Crossing intersection, as approved by the City of Columbus Transportation Division.
6. The Applicant shall dedicate sixty (60) feet of right-of-way, from center line, along Sunbury Road. Said dedication shall be made within 120 days after the effective date of the rezoning ordinance as passed by City Council.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The parking setback areas for Morse Road and Sunbury Road shall be a minimum twenty-five (25) feet, and shall be landscaped consistent with the Landscape Plan.
2. All parking areas adjacent to Morse Road or Sunbury Road shall have headlight screening parallel to the frontage, 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 an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
3. Tree planting shall be required within the customer parking area. The number of trees shall be determined by the following applicable ratios of total inches of tree caliper to total Site coverage by buildings and pavement:
a) 0-20,000 square feet: 6 inches of trunk plus 1 inch added for every 4,000 square feet of total Site covered by building and pavement.
b) 20,000 - 100,000 square feet: 10 inches of trunk size plus 1 inch for every 4,000 square feet of total Site covered by building and pavement.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within
six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5-6 feet. The minimum size of shrubs shall be two (2) gallons. Caliper shall be measured 6 inches above grade.
6. Any landscaping specified in the attached Landscape Plan may be relocated due to final engineering of the site plans, including site access, customer parking, display area and building footprint, subject to review and approval of the proposed adjustment by the Director of the Department of Development, or his designee.
7. Loading/service areas shall be screened from off-site view to a minimum height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from
ground level, to the height of the equipment by the same material utilized on the building roof or exterior. Decorative cornices may be used. Color shall also match the building exterior or roof. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping, or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, using materials such as wood; brick; natural or synthetic stone; natural or synthetic stucco; split concrete block; steel; textured or colored metal; marble; smooth, textured concrete; EIFS and/or glass, or a combination thereof. Buildings featuring an exterior finish consisting entirely of glass, and the use of reflective or mirrored glass, are not permitted.
4. Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
5. The primary roof of any building shall be pitched, sloped with a minimum slope of 6:12, or flat to screen materials.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of 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.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of twenty-eight (28) feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
5. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
6. All lighting shall be positioned as to not be directed toward any residential area.
7. Dumpsters shall be screened from view on all four (4) sides to a height of six (6) feet.
8. If security fencing is used along the vehicle display area, it shall not be guardrail, but shall be ornamental in style and painted in an aesthetically-appropriate color.
9. The carwash and service building shall be screened from Morse Road by a brick fence, not to exceed six (6) feet in height.
F. Graphics and Signage Commitments.
1. All ground-mounted signage shall be monument style, except for incidental onsite ground-mounted directional signs, if any, unless modified pursuant to Paragraph F(2), below.
2. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous Commitments.
1. The subject Site shall be developed in accordance with the attached site plan. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. The building footprint, sales parking, and customer/employee parking areas will be located in substantial correlation to each other, as illustrated; however, it is recognized that the Applicant is evaluating whether engineering, topographical, or other site data may require movement of the illustrated building footprint approximately fifty (50) feet toward the Morse Road right-of-way line, with proportional changes to the number of customer/employee parking and sales parking spaces resulting therefrom. Any slight adjustment to the plan is subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. In addition to complying with the Parkland Dedication Ordinance, the Applicant shall maintain a 1.25+ acre wooded area northeast of the site as a no-build zone, to preserve the rural character of Sunbury Road. Construction fencing shall be installed during construction to protect the wooded ravine within this no-build area, and to protect and save as many trees within this area as possible.
3. The billboard onsite shall be removed subject to the following lease conditions: the billboard lease shall be terminated upon giving ninety (90) days written notice of termination, together with a copy of the building permit for construction of improvements on the property. Said termination notice and building permits shall be delivered within one hundred eighty (180) days of issuance of the building permits. The billboard will be removed within ninety (90) days of lessee's receipt of the termination notice and copy of the building permit.
4. The onsite carwash facilities shall be operated only during public business hours of the automobile sales and maintenance facility.
5. The dryer equipment for the carwash shall be situated at the southern end of the carwash facility. Additionally, noise baffling equipment shall be incorporated in the carwash, to reduce any effect on the nearby residential properties.
H. CPD Requirements.
1. Natural Environment. The Site currently consists of several residentially-zoned parcels, including residential structures. On the northeast area of the site a 1.25+ acre wooded ravine shall be maintained as a no-build zone.
2. Existing Land Use. The current land use of the parcels is residential.
3. Transportation and Circulation.
a. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Transportation Division.
b. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be via Morse Crossing Road.
c. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements, as applicable, are provided to insure the function of shared driveways and aisles.
d. If the Developer wishes to provide parking spaces other than as required by Code, then the Developer shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the Transportation Division. A shared parking analysis approved by the Transportation Division may be submitted to the Director of Development, or his/her designee, who may grant an administrative variance for the number of parking spaces required.
e. The Applicant and/or owner/developer shall widen southbound Morse Crossing twelve (12) feet with additional pavement, to provide a 325-foot right turn lane, including a 50-foot taper, as it approaches Morse Road. Required construction of said lane shall include all necessary pavement markings and all signal modifications necessary at the Morse Road/Morse Crossing intersection, as approved by the City of Columbus Transportation Division.
f. The Applicant shall dedicate sixty (60) feet of right-of-way, from center line, along Sunbury Road. Said dedication shall be made within 120 days after the effective date of the rezoning ordinance as passed by City Council.
4 Visual Form of the Environment. The existing uses/zoning of the surrounding properties are as follows:
West: Currently zoned residential; application pending for retail appliance store;
North: Currently zoned L-C-3;
East: Currently zoned L-C-4;
South: Easton retail center (CPD) and L-C-4.
5. View and Visibility. Consideration has been given to visibility and safety issues, and the Site Plan is a direct result of the same.
6. Proposed Development. The Proposed Development is compatible and complimentary to existing, surrounding commercial uses. The Site is currently developed residentially and commercially, and the proposed development will contribute to the overall commercial viability of the area.
7. Behavior Patterns. The proposed access to this Site is from Morse Crossing.
8. Emissions. Due to the intensity of the land use surrounding the subject Site, there will be no relevant increase of or addition to emissions.
I. Variances Requested.
Applicant requests a variance to C.C.C. §3356.11, C-4 District Setback Lines, to reduce the required building setback line on Sunbury Road from fifty (50) feet from the street right-of-way line to thirty-five (35) feet from the street right-of-way line.
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.