Explanation
Rezoning Application Z14-034
APPLICANT: New Par, a Delaware Partnership dba Verizon Wireless; c/o Christopher N. Slagle and Gregory J. Lestini, Attys.; Bricker & Eckler LLP; 100 South Third Street; Columbus, Ohio 43215.
PROPOSED USE: Monopole telecommunications antenna and commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on October 8, 2015.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 2.83± acre site is currently developed with several retail structures and zoned CPD, Commercial Planned Development District. The current CPD text allows all C-4 uses, but commits to the as-built conditions on the property which prevents new structures from being constructed. The proposed limitation text provides use restrictions beyond what the current CPD district allows, and includes setback and access commitments, preservation of the existing landscaped berm along the north and west property lines, graphics controls, and commitment to a site plan for the monopole communications antenna. The site is located within the boundaries of the Northland I Area Plan (2014), which recommends community commercial uses for this location. With the proposed use restrictions, development standards, and preservation of the landscaped berm, the requested zoning is consistent with the land use recommendations of the Northland I Area Plan, and the zoning and development pattern of the area.
Title
To rezone 1448 MORSE ROAD (43229), being 2.83± acres located on the north side of Morse Road, 270± feet east of McFadden Road, From: CPD, Commercial Planned Development District, To: L-C-4, Limited Commercial District (Rezoning # Z14-034).
Body
WHEREAS, application #Z14-034 is on file with the Department of Building and Zoning Services requesting rezoning of 2.83± acres from CPD, Commercial Planned Development District, to L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-C-4, Limited Commercial District, provides use restrictions, development standards, and preservation of the existing landscaped berm consistent with the land use recommendations of the Northland I Area Plan, and the zoning and development pattern of the area; 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:
1448 MORSE ROAD (43229), being 2.83± acres located on the north side of Morse Road, 270± feet east of McFadden Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and City of Columbus, and being located in Section 4, Township 2, Range 18, United States Military Lands, and being all of a 2.552 acre tract (per Auditor's record) conveyed to Patrick J. Carter, Parcel No. 010-132395, as recorded in Instrument No. 200311190369967; a 0.17 acre tract (per Auditor's record) conveyed to Patrick J. Carter, Carmen Paul Carter, and Michele R. Herndon, Parcel No. 010-100696, as recorded in Instrument No. 200311190369969; and a 0.281 acre tract (per Auditor's record) conveyed to Patrick J. Carter, Carmen Paul Carter, and Michele R. Herndon, Parcel No. 010-132394, as recorded in Instrument No. 200311190369968, all references being records of Franklin County Recorder's Office, Ohio, being more particularly shown in the exhibit attached hereto and made a part hereof, and being more particularly described as follows:
Beginning at a PK nail found in the northerly right-of-way line of Morse Rd, said PK nail found also being the southeast corner of said 2.552 acre tract;
Thence N 83°31'01" W, along the northerly right-of-way line of Morse Rd and the south line of said 2.552 acre tract, a distance of 49.66 feet to a point;
Thence S 04°52'46" W, along the northerly right-of-way line of Morse Rd and the south line of said 2.552 acre tract, a distance of 38.09 feet to a point;
Thence N 85°58'20" W, along the northerly right-of-way line of Morse Rd, the south lines of said 2.552 acre tract, said 0.17 acre tract, and said 0.281 acre tract, a distance of 308.74 feet to a point, said point also being the southwest corner of said 0.281 acre tract;
Thence N 03°38'44" E, along the west lines of said 0.281 acre tract and said 0.17 acre tract, a distance of 102.17 feet to a point, said point also being the southeast corner of Lot 91 of Morse Road Manor subdivision, as recorded in Plat Book 34, Page 78;
Thence N 24°51'37" E, along the west lines of said 0.17 acre tract and said 2.552 acre tract, the east lines of Lots 91 and 90, a distance of 129.26 feet to a point, said point also being the northeast corner of Lot 90 and the southeast corner of Lot 89;
Thence N 15°00'12" E, along the west line of said 2.552 acre tract, and the east lines of Lots 89 and 88, a distance of 164.20 feet to a point, said point being the northwest corner of said 2.552 acre tract, said point also being the northeast corner of Lot 88, and the southwest corner of Lot 3;
Thence S 85°56'37" E, along the north line of said 2.552 acre tract, the south lines of Lots 3, 4, and 5, a distance of 280.44 feet to a point, said point also being the northeast corner of said 2.552 acre tract and the southeast corner of Lot 5;
Thence S 03°42'39" W, along the east line of said 2.552 acre tract and the west line of The Patio at Northland shopping center, as recorded in Plat Book 42, Page 71, a distance of 348.08 feet to the POINT OF BEGINNING, having an area of 123204.40 Square Feet or 2.828 Acres, more or less, subject to all right-of-ways, easements and restrictions of record.
To Rezone From: CPD, Commercial Planned Development 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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the L-C-4, Limited Commercial District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plans being titled, "TREE & BERM SURVEY," signed by Tony W. Meacham, Professional Surveyor, "DETAILED SITE PLAN," and "TOWER & DETAILS," signed by Darrin Kotecki, Professional Engineer, and text titled, "LIMITATION TEXT," signed by Sam Law, Agent for the Owner, and Dan Noble, Agent for the Applicant, all dated October 5, 2015, and the text reading as follows:
LIMITATION TEXT
Proposed Zoning District: L-C-4, Limited Commercial District
Property Address: 1448 Morse Road
Property Owner: Four Seas Group, LLC
Applicant: New Par, A Delaware Partnership dba Verizon Wireless
Application Number: Z14-034
Date: 10/5/15
1. Introduction: Applicant Verizon Wireless seeks to rezone the total 2.83-acre parcels located at 1448 Morse Road for those uses permitted under Chapter 3356 C-4, Commercial of the Columbus City Code. The Limitation Text below provides applicable limitations for the parcels located at 1448 Morse Road. The purpose of this rezoning and development is the construction of a wireless communications facility, as permitted in a C-4 district and meeting a public necessity.
The development of the parcels falls under the development standards of the Northland Plan (Area 13) that recommends upgrading development quality through limited zoning and appropriate development standards and complies with the Morse Road Regional Commercial Overlay as applicable.
2. Permitted Uses: Those uses permitted by Chapter 3356 C-4, Commercial of the Columbus City Code, excluding the following uses:
Bars, cabarets, and night clubs;
Automotive accessories, parts, and tire sales;
Pawn Brokers;
Motor bus terminals;
Check cashing and loan businesses;
Missions/temporary Shelters;
Parking lots and garages allowed in Chapter 3356.05 of the Columbus City Code;
Hotels and motels, except for those hotels greater than one story and with three or fewer main access points for hotel guests;
Extended stay hotels;
Limousine and taxi services;
Motorcycle and boat dealers;
Truck, utility trailer, and recreational vehicle sales, rental and leasing;
Automotive maintenance and repair, except as associated with an automotive sales operation;
Employment Services and Placement Agencies;
Blood and Organ Banks; and,
Halfway Houses.
In the case of Automotive sales, leasing and rental, used automobiles may be sold only in connection with new automobile sales.
3. Development Standards: Unless otherwise indicated, the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
a. Density, Height, Lot, and /or Setback Commitments: Standards are per the underlying zoning classification contained in Chapter 3356 C-4, Commercial of the Columbus City Code per the limitations set forth below:
i. For wireless communication facilities, the maximum height shall be 91 feet.
ii. If redevelopment would occur on this site that includes the demolition of buildings, right-of-way of 110’ from centerline along the Morse Rd. frontage shall be dedicated to the City of Columbus. The provisions of the preceding sentence shall not apply if an existing building or existing parking area within this future right-of-way dedication area would still be present upon redevelopment.
b. Access, Loading, Parking and/or other Traffic related commitments.
Primary access to the property will be from Morse Road or a future public access road along the North side of Morse Road.
c. Buffering, Landscaping, Open Space, and / or Screening Commitments: Buffering and landscaping shall be in accordance with Chapter 3356 C-4, Commercial of the Columbus City Code per the limitations set forth below:
There shall be maintained along the entire northerly property line and along a portion of the westerly property line of the tract a land berm of no less than six feet high on the portions of the west side and a land berm of between two and three feet high on the north side. Such berm will be a minimum 25 feet in width and planted with existing vegetation of no less than 20 trees of varying height and species, to be maintained by the property owner so as to provide substantial vision, light and sound screening from the residential lots to the north and west of the tract. The berm and screening shall resemble the “Tree and Berm Survey,” dated October 5, 2015, and attached hereto.
There shall also be maintained a four foot high chain link fence in the berm no less than 10 feet from the westerly property line. The property owners contiguous to the berm on the westerly side shall be permitted to maintain that portion of the berm and mounding directly contiguous to their property. The building and parking setbacks for the westerly and northerly portions of the property containing the described berm shall be no less than 25 feet.
d. Graphics and Signage Commitments
All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4 Commercial District and the Morse Road Regional Commercial Overlay. Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
e. Wireless Telecommunications Facility
The development of a wireless telecommunications facility shall be permitted, including a monopole tower of a height not to exceed 91’ and associated support structures and facilities, as depicted on the plans attached hereto as “Detailed Site Plan,” and “Tower & Details,” and made a part hereof, on the easterly portion of the tract indicated on the “Tree and Berm Survey”.
The wireless telecommunications facility shall be developed in accordance with the plans “Detailed Site Plan,” and “Tower & Details”. The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that 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 his or her designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.