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File #: 1947-2004    Version: 1
Type: Ordinance Status: Passed
File created: 10/26/2004 In control: Zoning Committee
On agenda: 5/16/2005 Final action: 5/18/2005
Title: To rezone 3275 SULLIVANT AVENUE (43204), being 0.5± acres located on the south side of Sullivant Avenue, 260± feet east of Athens Avenue, From: I, Institutional District and AR-1, Apartment Residential Districts, To: CPD, Commercial Planned Development District (Z03-050).
Attachments: 1. ORD1947-2004 CPD site plan.pdf, 2. ORD1947-2004 Staff Rpt.pdf, 3. ORD1947-2004 zone.pdf, 4. ORD1947-2004 gis.pdf, 5. ORD1947-2004 aerial.pdf, 6. ORD1947-2004 Hilltop.pdf, 7. ORD1947-2004 Disclosure.pdf, 8. ORD1947-2004 Labels.pdf, 9. Z03-050 Data Form.pdf
Explanation
 
REZONING APPLICATION:  Z03-050
 
APPLICANT:  G. Paul Company, LLC; c/o Thomas C. Drabick, Jr., Atty.; 6805 Oak Creek Drive; Columbus, Ohio 43229.
 
PROPOSED USE:  Unspecified commercial and institutional uses.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on February 11, 2004.
 
GREATER HILLTOP AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  The applicant requests the CPD, Commercial Planned Development District to permit limited commercial uses within an existing vacant medical office building.  This site is mid-block and adjacent to residential uses.  Staff supports the proposal which prohibits more intense uses such as auto repair, auto sales, and other C-4, Commercial District uses.
 
 
Title
 
To rezone 3275 SULLIVANT AVENUE (43204), being 0.5± acres located on the south side of Sullivant Avenue, 260± feet east of Athens Avenue, From:  I, Institutional District and AR-1, Apartment Residential Districts, To:  CPD, Commercial Planned Development District (Z03-050).
 
 
 
Body
 
WHEREAS, application #Z03-050 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.5± acres, from I, Institutional and AR-1, Apartment Residential Districts, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval; and
 
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will permit limited commercial uses within an existing vacant medical office building that is located mid-block adjacent to residential uses while prohibiting more intense uses such as auto repair, auto sales, and other C-4, Commercial District uses, 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 3275 SULLIVANT AVENUE (43204), being 0.5± acres located on the south side of Sullivant Avenue, 260± feet east of Athens Avenue, and being more particularly described as follows:
 
DESCRIPTION OF 0.505 ACRES LYING SOUTH OF SULLIVANT AVENUE AND WEST OF BRINKER AVENUE
 
Situate in the State of Ohio, County of Franklin, City of Columbus, all of Lots 4, 5, and 6 and part of Lots 3 and 7 of MIRIAM SUBDIVISION of record in Plat Book 26, page 14 and being all of the tract of land conveyed to The Millenium Group of Columbus, Ltd. By a deed of record in Instrument No. 200008110161753, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
 
Beginning at a point in the southerly line of Sullivant Avenue (80 feet in width) and the northerly line of said Lot 3, said point being South 87º 46' 00" West, a distance of 8.00 feet from the northerly common corner of said Lots 3 and 4;
 
Thence North 87º 46' 00" East, a distance of 200.00 feet, along the southerly line of said Sullivant Avenue and the northerly line of said Lots 3, 4, 5, 6 and 7 to a point, said point being South 87º 46' 00" West, a distance of 8.00 feet from the northeasterly line of said Lot 7;
 
Thence South 2º 14' 00" East, a distance of 110.00 feet, parallel with and 8.00 feet westerly from the east line of said Lot 7 to a point in the southerly line of said Lot 7 and the northerly line of an alley (20 feet in width);
 
Thence South 87º 46' 00" West, a distance of 110.00 feet, parallel with and 8.00 feet westerly from the easterly line of said Lot 3, to the Point of Beginning, containing 0.505 acres more or less and being subject to all restrictions, easements and rights-of-way or record.
 
The above description was prepared from records only in May of 2004.
 
Landmark Survey Group, Ltd., Scott D. Grundei, P.S., Registered Surveyor No. 8047.
 
To Rezone From:  I, Institutional District and AR-1, Apartment Residential 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 plan being titled "CPD SITE PLAN FOR 3275 SULLIVANT AVENUE," and text being titled, "CPD TEXT FOR 3275 SULLIVANT AVENUE" both signed on February 25, 2005 by Thomas C. Drabick, Jr., legal attorney for the applicant, and the text reading as follows:
 
CPD TEXT FOR 3275 SULLIVANT AVENUE
 
PROPOSED DISTRICT:  CPD
 
PROPERTY ADDRESS:  3275 Sullivant Avenue
 
OWNER:  G. Paul Company, LLC
 
APPLICANT:  Same as owner
 
DATE OF TEXT:  February 25, 2005
 
APPLICATION NUMBER:  Z03-050
 
1.  INTRODUCTION
 
The existing medical/office building has been vacant for nineteen (19) months.  Historically, the building has been used as a medical/office building, and most recently by the State of Ohio, Department of Mental Health.  The site is currently zoned in the I, Institutional and AR-1, Apartment Residential Districts.  The surrounding properties are zoned as follows:  to the immediate east is apartment/office (AR-O) and apartment residential (AR-1); to the west is apartment/office (AR-O) and commercial (C-4); to the north is multi-family residential (R-4); and to the south is suburban residential (SR).  The premises is approximately one-half acre, contains a one-story medical/office building with basement, and asphalt parking surrounds the building.  The Owner/Applicant seeks to expand the permitted uses for the premises so as to secure tenants for the vacant premises.
 
2.  PERMITTED USES
 
Those uses permitted by Chapters 3349, I, Institutional Use District and 3355, C-3, Community Commercial Development of the Columbus City Code, except that the following uses are prohibited:  electric substation, utility substation and billboards.
 
3.  DEVELOPMENT STANDARDS
 
A.  Density, Lot, Height and/or Setback Commitments.
 
1.  The building setback shall be twenty-four (24) feet.
 
2.  The parking setback from Sullivant Avenue shall be ten (10) feet.  The applicant shall not be required to landscape the existing paved parking setback.
 
3.  The maneuvering setback shall be zero (0) feet to match the paved surface of the existing parking lot.  
 
B.  Access, Loading, Parking, and/or other Traffic Related Commitments.
 
1.  Circulation, curb cuts and access points are subject to the approval of the City of Columbus Transportation Division.
 
2.  The site plan shall be revised at the time of zoning clearance to provide A.D.A. parking in accordance with Transportation Division policy.
 
C.  Buffering, Landscaping, Open Space, and/or Screening Requirements.
 
1.  Existing landscaping illustrated on the CPD site plan shall be maintained.
 
2.  All landscaping shall be well maintained and any dead material shall be replaced within six (6) months or the next planting season, whichever occurs first.
 
2.  Additional buffering between the premises and the suburban residential district to the east and west shall be installed by the Owner/Applicant in the form of a wood privacy fence.  The height of the fence shall be at least five (5) feet but no higher than six (6) feet above grade.
 
D.  Building Design and or Interior-Exterior Treatment Commitments.
 
N./A.
 
E.  Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
 
1.  All external lighting shall be cut-off fixtures (down-lighting) with a maximum height of twenty-four (24) feet and shall be designed to prevent off-site spillage.
 
2.  All external lighting fixtures shall be from the same or similar manufacturer's type to ensure compatibility.
 
3.  Accent lighting shall be permitted provided such light source is concealed.
 
4.  Any wall-mounted lighting shall be shielded to prevent off-site spillage.
 
5.  Outdoor display is not permitted.
 
F.  Graphics and/or Signage Commitments.
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
G.  CPD REQUIREMENTS
 
1.  Natural Environment:  The site is already developed.  A long standing medical/office building exists with adequate parking on-site.  Trees on the premises will be maintained.
 
2.  Existing Land Use:  Currently the premises are vacant, and have been for some nineteen (19) months.  The building has historically been used as a medical/office building.  Most recently the building was occupied by the State of Ohio Department of Mental Health.
 
3.  Transportation and Circulation:  The site is located on the south side of Sullivant Avenue east of Athens Avenue on the west side of the City.  Sullivant is a 4-2 arterial running east-west.
 
4.  Visual Form of Environment:  Maintain the existing medical/office building and asphalt parking.  Maintain existing landscaping and trees.
 
5.  View and Visibility:  Offices and commercial/retail activities.
 
6.  Proposed Development:  Existing medical/office use and light commercial/retail uses such as florist, market, art studio, day car, dance school, veterinary clinic, etc.
 
7.  Behavior Patterns:  The proposed new uses will not generate more vehicular and pedestrian traffic than the most recent use by the State of Ohio.
 
8.  Emissions:  The proposed use will not create odors, emissions, refuse or noise inconsistent with the neighboring properties.  Trash will be maintained in a dumpster, situated to the satisfaction of the Division of Refuse Collection.
 
H.  Miscellaneous Commitments
 
The subject site shall be developed in substantial accordance with the attached site plan titled, "CPD SITE PLAN FOR 3275 SULLIVANT AVENUE," signed on February 25, 2005 by Thomas C. Drabick, Jr.,attorney for the applicant.  The site plan may be slightly adjusted to reflect data required at the time of zoning clearance.  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 appropriate data regarding the proposed adjustment.
 
I.  Variances Requested.
 
None requested.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.