Explanation
Rezoning Application # Z06-001
APPLICANT: Meadowood Development Inc.; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite
725; Columbus, OH 43215.
PROPOSED USE: Retail commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 9, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow redevelopment of the site with a pharmacy and restaurant building with pick-up windows. The CPD plan and text incorporate use restrictions, sidewalks, street trees, headlight screening, and lighting controls. The proposed uses and site concept are consistent with the zoning and development patterns of the area.
Title
To rezone 6161 EAST BROAD STREET (43213), being 2.61± acres located at the southwest corner of East Broad Street and McNaughten Road, From: C-2, Commercial, and L-M, Limited Manufacturing Districts, To: CPD, Commercial Planned Development District (Rezoning # Z06-001).
Body
WHEREAS, application #Z06-001 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.61± acres from C-2, Commercial, and L-M, Limited Manufacturing Districts to CPD, Commercial Planned Development 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 CPD, Commercial Planned Development District would allow redevelopment of the site with a pharmacy and restaurant building with pick-up windows. The CPD plan and text incorporate use restrictions, sidewalks, street trees, headlight screening, and lighting controls. The proposed uses and site concept are consistent with the zoning and development patterns 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:
6161 EAST BROAD STREET (43213), being 2.61± acres located at the southwest corner of East Broad Street and McNaughten Road, and being more particularly described as follows:
Description of 2.607 acres
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lot 18 of the Third Quarter of Township 1, Range 16, United States Military Lands and being 2.133 acres out of a 2.327 acre tract as conveyed to Mount Carmel Health Systems as recorded in Instrument No. 2000006120115964, and being 0.473 acres out of a 0.567 acre tract as conveyed to Mount Carmel Health as recorded in O.R. 22467, Pg. F09, Franklin County Recorder's Office, containing 2.607 acres and being further described as follows:
Beginning for reference at the intersection of the original centerline of East Broad Street (State Route 16) and the centerline McNaughten Road;
Thence South 82 degrees 17' 20" West 57.94 feet, along the centerline of said East Broad Street, to a point;
Thence South 07 degrees 42' 40" East 33.00 feet, crossing said East Broad Street, to an iron pin set, said iron pin being the intersection of the existing south line of East Broad Street and the west line of said McNaughten Road, said iron pin being the northeast corner of a 0.567 acre tract, as conveyed to Mount Carmel Health as recorded in O.R. 22467, Pg. F09;
Thence South 04 degrees 02' 35" West 23.05 feet, along the east line of said 0.567 acre tract, being the west line of McNaughten Road, to an iron pin set, said iron pin being the True Place of Beginning for the herein described 2.607 acre tract;
Thence South 04 degrees 02' 35" West 370.71 feet, along the east line of said 0.567 acre tract and crossing said 2.327 acre tract, along a new division line, being the existing and new west line of said McNaughten Road, to an iron pin set, said iron pin being the southeast corner of said 2.327 acre tract and being the northeast corner of a 3.004 acre tract (original) as conveyed to Columbus and Southern Ohio Electric Company as recorded in D.B. 2055, Pg. 56;
Thence North 85 degrees 50' 55" West 338.34 feet, along the south line of said 2.327 acre tract, being the north line of said 3.004 acre tract, to a 3/4 iron pipe found, said iron pipe being the southwest corner of said 2.327 acre tract and being the southeast corner of a 1.963 acre tract as conveyed to Columbus OB/GYN Partners, Ltd as recorded in Instrument No. 200407230171332;
Thence North 03 degrees 49' 35" East 299.44 feet, along the west line of said 2.327 acre tract, being the east line of said 1.963 acre tract, to an iron pin set;
Thence North 82 degrees 17' 20" East 346.74 feet, crossing said 2.327 acre tract and crossing said 0.567 acre tract, along a new division line, being the new south line of said East Broad Street, to the True Place of Beginning, containing 113579 square feet, or 2.607 acres, more or less, subject to all legal easements and right of ways of record.
Iron pins set are 5/8" in diameter, 30" long, with yellow plastic cap stamped "J & J Surveying".
This description is based on an actual field survey performed by J & J Surveying under the direction of John W. Wetherill in January 2006. Bearings are based on the south line of said East Broad St. as being North 82 degrees 17' 26" East, taken from Right of way plans for State Route 16. Documents referred to are recorded in the Franklin County Recorder's Office.
To Rezone From: C-2, Commercial, and L-M, Limited Manufacturing 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, "SITE PLAN," and text titled, "CPD TEXT," both signed by Jeffrey L. Brown, Attorney for the Applicant, dated April 3, 2006, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 6161East Broad Street
OWNER: Mount Carmel Health System
APPLICANT: Meadowood Development Inc.
DATE OF TEXT: 4/3/06
APPLICATION NUMBER: Z06-001
1. INTRODUCTION: The site is located at the southwest corner of East Broad Street and McNaughten Road and is currently developed as a shopping center. The site is zoned a mixture of C-2 and L-M. The applicant wants to redevelop the site for retail uses.
2. PERMITTED USES: The only permitted uses are those contained in Section 3356, C-4, Commercial District of the Columbus City Code. The following shall not be permitted on the Property: testing or experimental laboratory, electric sub-station, motor bus terminal, new and used automobile sales, newspaper printing, auctioneer's auditorium, drive-in theater, funeral home, massage parlor, outdoor amphitheater, pawn shop, ice and other skating rinks, storage garage.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted written text, the applicable development standards shall be those contained in Chapter 3356, C-4, Commercial District of the Columbus City Code.
A. Density, Height, Lot Coverage, and Setback Requirements:
1. Parking setback from East Broad Street and McNaughten Road shall be 10 feet and 25 feet respectively.
2. Building setback from East Broad Street and McNaughten Road shall be 60 feet and 50 feet respectively.
3. For structures and paved areas including sidewalks, lot coverage shall not exceed 85%.
B. Parking Standards, Access, and Traffic:
1. All circulation, curbcuts and access points shall be subject to the review and approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open Space and Screening Commitments:
1. Street trees shall be planted within the parking setback along East Broad Street and McNaughten Road at a ratio of one tree per forty (40) feet of frontage.
2. Within the parking setback along East Broad Street and McNaughten Road, the developer shall install headlight screening to a minimum height of thirty-six (36) inches. The headlight screening may be in the form of mounding, planting, or fencing, individually or in any combination thereof.
3. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
4. The minimum size of all trees at installation shall be 2 ½ inch caliper for deciduous, 5 feet in height for evergreen, and 1 ½ inch caliper for ornamental. Tree caliper is measured 6 inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments:
N/A
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments:
1. Light poles shall not exceed 28 feet in height.
2. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and not shine above the horizontal plane.
3. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type and color to ensure aesthetic compatibility.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any off-site light spillage.
F. Graphics and Signage Requirements:
1. 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 of the Columbus City Code, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments:
1. The developer shall install a sidewalk along its East Broad Street and McNaughten Road frontages. The developer shall dedicate the requested right-of-way along both East Broad Street and McNaughten Road at the time of submission for zoning clearance. The developer shall pay $8,000 to the City of Columbus at the time of submission for zoning clearance as a Pay As We Grow Payment.
2. Variance: (1) Reduce the stacking for a restaurant drive-thru from 8 spaces to 6 spaces. (Section 3342.07) and (2) Reduce the required number of parking spaces from 111 to 101 (Section 3342.28).
3. 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 developed at the time of development or when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
4. The development standards, uses restrictions and site plan described in this CPD text shall not apply to the subject site until such time that the site is redeveloped for a drug store. Prior to redevelopment for a drug store the development standards and permitted uses under C-3, Commercial of the Columbus City Code shall apply to the subject property.
5. CPD Criteria:
A. NATURAL ENVIRONMENT: The site is currently developed with a strip shopping center.
B. EXISTING LAND USES: To the north across East Broad Street office; to the east across McNaughten Road financial institution and office; to the south office and to the west office and utility substation.
C. TRANSPORTATION AND CIRCULATION: Access shall be from both East Broad Street and McNaughten Road and an internal driveway.
D. VISUAL FORM OF THE ENVIRONMENT: See the development text.
E. VIEW AND VISIBILITY: In the development of the subject property and in the location of the buildings and access points, consideration will be given to the visibility and safety of the motorist and pedestrian.
F. PROPOSED DEVELOPMENT: Commercial uses.
G. EMISSIONS: No adverse effects from emissions shall result from the proposed development.
H. BEHAVIOR PATTERNS: The proposed development should not change the behavior patterns other than to attract customers from the proximate area. Existing development has established behavior patterns in the area.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.