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File #: 0248-2004    Version: 1
Type: Ordinance Status: Passed
File created: 1/27/2004 In control: Zoning Committee
On agenda: 3/15/2004 Final action: 3/17/2004
Title: To rezone 1348 MCNAUGHTEN ROAD (43068), being 1.74± acres located on the east side of McNaughten Road, 105± feet north of Yorkland Road, From: AR-1, Apartment Residential District, To: L-C-4, Limited Commercial District (Z03-093).
Attachments: 1. ORD0248-2003StaffRpt.pdf, 2. ORD0248-2003zonemap.pdf, 3. ORD0248-2003gismap.pdf, 4. ORD0248-2003aerial.pdf, 5. ORD0248-2003Disclosure.pdf, 6. Z03-093.labels.lbl.pdf, 7. ORD0248-2004 CouncilData Form.pdf
Explanation
 
REZONING APPLICATION:  Z03-093
 
APPLICANT:  Bernard R. Ruben; c/o Jackson B. Reynolds III, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
 
PROPOSED USE:  Commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on January 8, 2004.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant's request for the L-C-4, Limited Commercial District to expand an existing shopping center is consistent with zoning and development patterns in this area.  The limitation text includes customary use restrictions and development standards that address site access, landscaping and street trees, buffering and screening along the south and west property lines adjacent to residentially zoned parcels, and lighting and graphics restrictions.
 
 
 
Title
 
To rezone 1348 MCNAUGHTEN ROAD (43068), being 1.74± acres located on the east side of McNaughten Road, 105± feet north of Yorkland Road, From:  AR-1, Apartment Residential District, To:  L-C-4, Limited Commercial District (Z03-093).
 
 
 
Body
 
WHEREAS, application #Z03-093 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.74± acres, From:  AR-1, Apartment Residential 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 because the requested L-C-4, Limited Commercial District to expand an existing shopping center is consistent with zoning and development patterns in this area.  The limitation text includes customary use restrictions and development standards that address site access, landscaping and street trees, buffering and screening along the south and west property lines adjacent to residentially zoned parcels, and lighting and graphics restrictions; 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:
 
1348 MCNAUGHTEN ROAD (43068), being 1.74± acres located on the east side of McNaughten Road, 105± feet north of Yorkland Road, and being more particularly described as follows:
 
ZONING DESCRIPTION FOR 1.742 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Half Section 21, Section 14, Township 12, Range 21 Refugee Lands, and being 1.742 Acres out of the 3.621 Acre tract conveyed to Bernard R. Ruben, as shown of record in ORV 5503, page I06, Recorders Office, Franklin County, Ohio and being more particularly described as follows:
 
Being at the northwest corner of said 3.621 Acre tract, also on the west right of way line of McNaughten Road, also being the southwest corner of a 3.839 Acre tract conveyed to McNaughten-Wyandotte Limited Partnership as shown of record in ORV 32955, Page J02;
 
Thence, along the north line of said 3.621 Acre tract, the south line of said 3.839 Acre tract, South 84 degrees 27 minutes 24 seconds East, 314.92 feet to the northeast corner of said 3.621 Acre, the southeast corner of said 3.839 Acre tract;
 
Thence, along part of the east line of said 3.621 Acre tract, South 5 degrees 10 minutes 37 seconds West, 241.00 feet;
 
Thence, across said 3.621 Acre tract, North 84 degrees 27 minutes 24 seconds West, 314.91 feet to the east right of way line of said McNaughten Road, being on the west line of said 3.621 Acre tract;
 
Thence, along part of the west line of said 3.621 Acre tract, along the east right of way line of said McNaughten Road, North 5 degrees 10 minutes 30 seconds East, 241.00 feet to the place of beginning, CONTAINING 1.742 ACRES.  This description is for Zoning Purposes ONLY.  Basis of bearing is the north line of said 3.839 Acre tract held as South 84 degrees 27 minutes 24 seconds East.
 
To Rezone From:  AR-1, Apartment 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 Jackson B. Reynolds, III, Attorney for the Applicant, dated December 12, 2003, and reading as follows:
 
LIMITATION OVERLAY TEXT DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  L-C-4, Limited Commercial
 
EXISTING DISTRICT:  AR-1; Apartment Residential
 
PROPERTY ADDRESS:  1348 McNaughten Road
 
OWNER:  Bernard R. Ruben
 
APPLICANT:  Bernard R. Ruben
 
DATE OF TEXT:  12/12/2003
 
APPLICATION NUMBER:  Z03-093
 
1.  INTRODUCTION:  The site is at the east side of McNaughten Road to the north of Yorkland Road.   The purpose of the rezoning is to allow the existing shopping center to the north to be extended to the south.
 
2.  PERMITTED USES:  Those uses permitted in Chapter 3356 of Columbus City Code (C-4, Commercial) except for the following uses:  Automotive Maintenance and Repair; Automobile and Light Truck Dealers; Automotive Sales, Leasing and Rental; Animal Shelter; Armory; Book bindery; Electric substation; Ice house; Stables; Telephone exchange; Truck, Utility and RV Sales, Rental and Leasing.
 
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 (C-4, Commercial District).
 
A.  Density, Height, Lot and/or Setback commitments.
 
N/A
 
B.  Access, Loading, Parking and/or other Traffic related commitments.
 
1.)  Existing curb cuts to McNaughten Road will be retained subject to final approval by the City of Columbus Transportation Divison.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Street trees shall be planted at an interval of 30' on center within the parking setback along the McNaughten Road frontage.
 
2.  Along McNaughten Road a three foot average height continuous  planting hedge, fence, wall, earth mound or combination thereof shall be installed within the 10' parking setback area (except at access points).
 
3.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months.
 
4.  All trees meet the following minimum size at the time of planting:  Shade trees - 2½" caliper; Ornamental trees - 1½" caliper;  Evergreen trees 5 feet in height.  Caliper shall be measured six (6) inches above grade.
 
5.  A fifteen (15) foot wide buffer area will be provided along the property zoned AR-12 to the east and tapering to zero 10' north of the CPD zoned property to the east.  A landscape buffer consisting of shade trees will be planted thirty (30) foot on center along the buffer and a six (6) foot high board on board fence will be installed to provide the needed screening along the residentially zoned property to the east.
 
6.  A twenty five (25) foot wide landscape buffer shall be provided along the southern boarder of the subject site.  The developer shall save as many of the existing trees and supplement the buffer with a blend of shade and evergreen trees.  The twenty (25) foot wide buffer area shall be void if the property zoned AR-1 is rezoned to a commercial zoning classification.
 
D.  Building design and/or Interior-Exterior Treatment Commitments.
 
1.  Mechanical equipment or other utility hardware on the roof of a building shall be screened to the height of the equipment from the street frontage.
 
2.  The proposed building is to be an extension of the existing building to the north and therefore will be constructed of the same color brick with a metal mansured roof.
 
E.  Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
 
1.  Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
 
2.  Light poles shall not exceed 18 feet within 100 feet of residentially zoned property.
 
3.  Lighting shall not exceed .1 foot - candle along the property line of a residentially used or zoned property.
 
4.  Dumpsters shall be screened on three sides with a fence, wall or landscaping to a height of six feet with a gate on the fourth side.
 
F.  Graphics and Signage Commitments.
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to the sign requirements shall be submitted o the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous Commitments.
 
1.  At the time of development the developer shall install a sidewalk along the subject property along McNaughten Road frontage.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.