Explanation
Rezoning Application Z11-001
APPLICANT: The Hutton Company c/o Laura MacGregor Comek; 500 South Front Street; Suite 1200; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on March 10, 2011.
SOUTH LINDEN AREA COMMISSION RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. Staff supports the proposed CPD, Commercial Planned Development District to allow the proposed retail use. The site is developed with an abandoned gasoline station and is surrounded by commercial zoning and Interstate 71 making the use and zoning consistent with the zoning and development patterns of the area. The Commercial Planned Development text commits to the site plan and relies on updated development standards in the Zoning Code that have made many of the commitments commonly seen in CPD Texts unnecessary. The applicant requests a variance to reduce the setback along Interstate 71 to zero (0) feet to accommodate the City's need for right-of-way on Hudson Street. Given that the site sits much higher than Interstate 71, Staff finds this variance will have no negative effect on the Interstate.
Title
To rezone 675 EAST HUDSON STREET (43235), being 1.4± acres located at the southeast corner of Interstate 71 and East Hudson Street, From: CPD, Commercial Planned Development and C-5, Commercial Districts, To: CPD, Commercial Planned Development District. (Rezoning # Z11-001)
Body
WHEREAS, application #Z11-001 is on file with the Department of Building and Zoning Services requesting rezoning of 1.4± acres from the CPD, Commercial Planned Development and C-5, Commercial Districts to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the South Linden Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because Staff supports the proposed CPD, Commercial Planned Development District to allow the proposed retail use. The site is developed with an abandoned gasoline station and is surrounded by commercial zoning and Interstate 71 making the use and zoning consistent with the zoning and development patterns of the area. The Commercial Planned Development text commits to the site plan and relies on updated development standards in the Zoning Code that have made many of the commitments commonly seen in CPD Texts unnecessary. The applicant requests a variance to reduce the setback along Interstate 71 to zero (0) feet to accommodate the City's need for right-of-way on Hudson Street. Given that the site sits much higher than Interstate 71, Staff finds this variance will have no negative effect on the Interstate; 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:
675 EAST HUDSON STREET (43235), being 1.4± acres located at the southeast corner of Interstate 71 and East Hudson Street, and being more particularly described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEING LOCATED IN LOT 22 OF THE FOURTH QUARTER, TOWNSHIP 1, RANGE 18, UNITED STATE MILITARY LANDS AND BEING THE SAME LAND AS CONVEYED TO GILLIGAN OIL CO., BY DEED OF RECORD IN INSTRUMENT NUMBER 199804080084189, ALL REFERENCES BEING TO RECORDS IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE INTERSECTION OF THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE 71 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HUDSON STREET, SAID IRON PIN ALSO BEING THE SOUTHWESTERLY CORNER OF THE 0.075 ACRE TRACT CONVEYED TO THE CITY OF COLUMBUS, BY DEED OF RECORD IN DEED BOOK 2164, PAGE 80 AND BEING THE NORTHWESTERLY CORNER OF PARCEL III OF THE GILLIGAN OIL CO. TRACTS;
THENCE SOUTH 86° 41' 20" EAST, WITH SAID RIGHT-OF-WAY LINE OF HUDSON STREET, BEING 40 FEET SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE CENTERLINE OF HUDSON STREET, A DISTANCE OF 125.10 FEET TO AN IRON PIN FOUND AT AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE AND BEING THE NORTHEASTERLY CORNER OF PARCEL IV OF THE GILLIGAN OIL CO. TRACTS;
THENCE NORTH 2° 58' 48" EAST, CROSSING HUDSON STREET (PASSING AN IRON PIN FOUND AT AN ANGLE POINT IN SAID HUDSON STREET RIGHT-OF-WAY AT 10.00 FEET), A DISTANCE OF 40.00 FEET TO A POINT IN THE CENTERLINE OF HUDSON STREET AT THE NORTHEASTERLY CORNER OF THE CITY OF COLUMBUS 0.039 ACRE TRACT, OF RECORD IN DEED BOOK 2164, PAGE 78 AND BEING THE NORTHWESTERLY CORNER OF PARCEL I OF THE GILLIGAN OIL CO. TRACTS;
THENCE SOUTH 86° 41' 20" EAST, WITH THE CENTERLINE OF HUDSON STREET, A DISTANCE OF 45.50 FEET TO THE NORTHEASTERLY CORNER OF SAID GILLIGAN OIL CO. PARCEL I, THE NORTHWESTERLY CORNER OF THE FOOD GROUP, INC. 0.9295 ACRE TRACT, OF RECORD IN OFFICIAL RECORD 10067G07;
THENCE SOUTH 3° 08" 30" WEST, WITH THE WESTERLY LINE OF THE FOOD GROUP, INC. 0.9295 ACRE TRACT (PASSING AN IRON PIN FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF HUDSON STREET AT 30.00 FEET), A DISTANCE OF 215.18 FEET TO AN IRON PIN SET AT AN ANGLE POINT IN SAID LINE AT THE SOUTHEASTERLY CORNER OF PARCEL I, THE NORTHEASTERLY CORNER OF PARCEL II OF THE GILLIGAN OIL CO. TRACTS;
THENCE SOUTH 3° 01' 57" WEST, CONTINUING WITH THE WESTERLY LINE OF THE FOOD GROUP, INC. 0.9295 ACRE TRACT AND THE WESTERLY LINE OF THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF COLUMBUS OHIO 7.78 ACRE TRACT, OF RECORD IN OFFICIAL RECORD 13964G17, A DISTANCE OF 360.21 FEET TO AN IRON PIN SET IN THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE ROUTE 71;
THENCE NORTH 22° 13' 25: WEST, WITH SAID RIGHT-OF-WAY LINE OF INTERSTATE ROUTE 71, A DISTANCE OF 398.95 FEET TO AN IRON PIN FOUND AT AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE;
THENCE NORTH 3° 03' 12" EAST, CONTINUING WITH SAID RIGHT-OF-WAY LINE OF INTERSTATE ROUTE 71, A DISTANCE OF 175.41 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.431 ACRES, MORE OR LESS.
LESS AND EXCEPT THE FOLLOWING, BEING A PART OF LOT 22, FOURTH QUARTER, TOWN ONE, RANGE 18, U.S. MILITARY LANDS, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE INTERSECTION OF THE SOUTH 40 FOOT RIGHT-OF-WAY AT HUDSON STREET, SO CALLED AND THE EAST LIMITED ACCESS RIGHT-OF-WAY OF INTERSTATE 71, SO CALLED.
THENCE SOUTH 86 DEGREES, 41 MINUTES, 20 SECONDS EAST ALONG THE SOUTH 40 FOOT RIGHT-OF-WAY OF HUDSON STREET A DISTANCE OF 125.10 FEET TO A POINT ON THE WEST LINE OF A PARCEL OF LAND AS CONVEYED TO NOLAN A. AND IVY K. KERSCHNER PER FRANKLIN COUNTY DEED BOOK 1454, PAGE 235, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, FROM SAID POINT AN IRON PIN CAN BE FOUND 0.05 FEET NORTH AND 0.11 FEET EAST.
THENCE NORTH 02 DEGREES, 58 MINUTES, 48 SECONDS EAST ALONG THE WEST LINE OF SAID KERSCHNER PARCEL AND ITS NORTHERLY PROLONGATION A DISTANCE OF 40.00 FEET TO A POINT ON THE CENTERLINE OF HUDSON STREET.
THENCE SOUTH 86 DEGREES, 41 MINUTES, 20 SECONDS EAST ALONG THE CENTERLINE OF HUDSON STREET A DISTANCE OF 45.50 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE EAST LINE OF A PARCEL OF LAND CONVEYED TO NOLAN A. AND IVY K. KERSCHNER PER FRANKLIN COUNTY DEED BOOK 1454, PAGE 235.
THENCE SOUTH 03 DEGREES, 08 MINUTES, 30 SECONDS WEST ALONG THE EAST LINE OF SAID KERSCHNER PARCEL AND ITS NORTHERLY PROLONGATION, PASSING AN IRON PIN FOUND ON THE SOUTH 30 FOOT RIGHT-OF-WAY OF HUDSON STREET, AN OVERALL DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH 40 FOOT RIGHT-OF-WAY OF HUSDON STREET.
THENCE NORTH 86 DEGREES, 41 MINUTES, 20 SECONDS WEST ALONG THE SOUTH 40 FOOT RIGHT-OF-WAY OF HUDSON STREET A DISTANCE OF 45.39 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,817.73 SQUARE FEET OR 0.042 ACRES OF LAND, MORE OR LESS.
PPN: 010-076526
Property Address: 675 E. Hudson Street, Columbus, OH
MORE PARTICULARY DESCRIBED AS FOLLOWS:
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot No. 22 of the Fourth Quarter, Township 1, Range 18, United States Military Lands and being the remaining part of the 1.431 acre tract of land as conveyed to BP Exploration & Oil Inc. by deed recorded in Instrument #200010240215262 of the Franklin County Records, and being more particularly described as follows:
Beginning at an iron pin found marking the intersection of the easterly limited access right of way line of Interstate Route No. 71 with the southerly right of way line of Hudson Street;
thence along the southerly right of way line of Hudson Street and being parallel and 40 foot right angle dimension south of the centerline of Hudson Street, S86°41'20"E, a distance of 170.49 feet to the west line of a 0.9295 acre tract of land as described in Instrument #200811030161676 of the Franklin County Records, referenced by an iron pin found north 0.46 feet;
thence along a west line of said 0.9295 acre tract, S03°08'30"W, a distance of 175.18 feet to a nail found;
thence along a west line of said 0.9295 acre tract and along the west line of a 10.181 acre tract of land as described in Deed I3964G17 of the Franklin County Records, S03°01'57"W, a distance of 360.21 feet to an iron pin found on the northeasterly limited access right of way line of Interstate No. 71;
thence along the northeasterly limited access right of way line of Interstate No. 71, N22°13'25"W, a distance of 398.95 feet to an iron pin found;
thence along the easterly limited access right of way line of Interstate No. 71, N03°03'12"E, a distance of 175.41 feet to the Point of Beginning, containing 1.389 acres of land, more or less, subject however to all prior easements of record.
The above legal description is based on a land survey performed during December, 2010 by Peterman Associates, Inc. and was prepared by Nick E. Nigh, Professional Surveyor #7384.
Franklin County Records: BP Exploration & Oil Inc., Instrument #200010240215262
NOTE: The bearings in this legal description are based upon the centerline of Hudson Street bearing S86°41'20"E.
I.P. Set = 5/8" x 30" Rebar with Peterman Associates' Cap.
To Rezone From: CPD, Commercial Planned Development and C-5, Commercial 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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "REZONING PLAN 1 OF 2", and " LANDSCAPE PLAN 2 OF 2," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," all signed by Laura MacGregor Comek, Attorney for the Applicant, dated April 27, 2011, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
675 E. HUDSON St. 1.389 +/- Acres
CURRENT ZONING: C5 AND CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 675 E HUDSON ST (43207)
PARCEL ID: 010-076526-00
OWNER: The Hutton Company, c/o Laura MacGregor Comek, Esq., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Ste. 1200, Columbus, Ohio 43215
APPLICANT: The Hutton Company, c/o Laura MacGregor Comek, Esq., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Ste. 1200, Columbus, Ohio 43215
DATE OF TEXT: April 27, 2011
APPLICATION NUMBER: Z11-001
1. INTRODUCTION:
The subject property ("Site") is located along East Hudson Street, immediately east of and adjacent to I-71. The Site lies within the boundaries of the South Linden Area Commission and Plan.
The Site is zoned in the C5 and CPD, COMMERCIAL PLANNED DEVELOPMENT Districts, and developed with a gas station and convenience store (approved via City Council Ordinance 0773-01(Z01-007). The site is currently vacant.
This rezoning request is being filed to develop a Family Dollar store. The site is surrounded by a variety of commercial uses:
North: L-C-4 retail commercial and CPD gas station;
South: I-71 and C-4 use Columbus Public Schools Distribution Facility;
East: C-4 Fastfood Restaurant with drive-thru;
West: I-71
This text and the CPD Site Plan ("Site Plan") are being submitted to visually depict the proposed conditions and use. The proposed use is favored by the South Linden Area Plan which seeks to develop neighborhood oriented and transit oriented businesses in the I-71 corridor.
2. PERMITTED USES:
The following uses shall be permitted for the Site: All uses of the C-4 Commercial District (C.C.C. §3356.03).
3. DEVELOPMENT STANDARDS:
Except as specified herein and on the submitted CPD Site Plan, 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 and Parking Setback: The building and parking setbacks shall be as depicted on the attached Site Plan.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Applicant shall dedicate 50' right of way per the Columbus Thoroughfare Plan, as measured from the centerline.
C. Buffering, Landscaping, Open Space and/or Screening Commitments. (N/A)
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.
2. Building materials shall be brick, synthetic brick, concrete, stone, EFS, metal, glass, synthetic stone, or a combination thereof.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Owner shall utilize heavy duty trash cans on site for consumer use.
F. Miscellaneous Commitments.
1. The subject Site shall be developed in accordance with the submitted Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data determined at the time the development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the director of the Department of Building and Zoning Services, or her designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Owner/Applicant will comply with the Parkland Dedication provisions of C.C.C. Chapter 3318. Such compliance shall be in the form of land dedication and/or a monetary contribution, the details of which shall be reviewed with and approved by the Recreation and Parks Department as a part of this rezoning ordinance.
G. CPD Requirements.
1. Natural Environment. The Site is developed with an existing gas station and convenience store, that are currently vacant.
2. Existing Land Use. The site is zoned and used as a gas station and convenience store (currently vacant).
3. Transportation and Circulation. The site will be accessed from East Hudson Street as depicted on the attached Site Plan which will result in reduced curb cuts along East Hudson.
4. Visual Form of the Environment.
The existing uses/zoning of the surrounding properties are as follows:
West: I-71; North: C-4 commercial and CPD gas station; East: Fast Food with drive-thru; South: I-71 and CPS distribution facility (a C4 use).
5. View and Visibility. Significant consideration has been given to visibility and safety issues.
6. Proposed Development. A Family Dollar retail store.
7. Behavior Patterns. This area has existing traffic flows, including E. Hudson as the major thoroughfare, and the major roadways in and around the area including I-71.
8. Emissions. With the change in use from gas station to merely commercial store, there will be no relevant increase of or addition to emissions (in fact a likely decrease).
Variances Requested
1. Variance to CCC § 3356(A)(2) to reduce building setback for I-71 from 25 feet to 0' feet.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.