Explanation
REZONING APPLICATION: Z04-076
APPLICANT: F&R Limited Partnership; c/o Gary Gitlitz, Atty.; Chester, Willcox and Saxbe; 65 East State Street, Suite 100; Columbus, OH 43215.
PROPOSED USE: Automobile sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on November 11, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site was developed as a used car sales lot prior to annexation into the City of Columbus in 1997 and the same business was maintained on the site until recently. The applicant's request for the CPD, Commercial Planned Development District for used motor vehicle sales and certain C-4 land-uses is consistent with zoning and development patterns along this section of Morse Road. The site is developed with a large auto showroom and service facility, and associated parking surfaces for customers and vehicle inventory. The CPD site plan depicts the existing building, paved and gravel surfaces on the site. The CPD text includes use restrictions and development standards that, in part, reflect existing development. The CPD text includes development standards that address site access, creation of a ten-foot deep landscaped setback with headlight screening along Morse Road, lighting and graphics restrictions, and variances to address some existing conditions. To the extent possible, the applicant incorporated the Northland Development Standards into this zoning proposal. It was found that several standards such as maximum lot coverage and some landscaping requirements were compromised by the existing development of this site as a used car sales lot. However, the text requires that any redevelopment of the site that includes replacement of the existing building must comply with Chapter 3372 of the Columbus City Code and development standards included in the The Northland Development Standards, as adopted by City Council in 1992.
Title
To rezone 3000 MORSE ROAD (43231), being 2.07± acres located on the north side of Morse Road, 180± feet west of Westerville Road, From: R, Rural District, To: CPD, Commercial Planned Development District (Z04-076).
Body
WHEREAS, application #Z04-076 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.07± acres, from R, Rural District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because the subject site was developed as a used car sales lot prior to annexation into the City of Columbus in 1997 and the same business was maintained on the site until recently. The applicant's request for the CPD, Commercial Planned Development District for used motor vehicle sales and certain C-4 land-uses is consistent with zoning and development patterns along this section of Morse Road. The site is developed with a large auto showroom and service facility, and associated parking surfaces for customers and vehicle inventory. The CPD site plan depicts the existing building, paved and gravel surfaces on the site. The CPD text includes use restrictions and development standards that, in part, reflect existing development of the site. The CPD text includes development standards that address site access, creation of a ten foot deep landscaped setback with headlight screening along Morse Road, lighting and graphics restrictions, and variances to address some existing conditions. To the extent possible, the applicant incorporated the Northland Development Standards into this zoning proposal. It was found that several standards such as maximum lot coverage and some landscaping requirements were compromised by the existing development of this site as a used car sales lot. However, the text requires that any redevelopment of the site that includes replacement of the existing building must comply with Chapter 3372 of the Columbus City Code and development standards included in the The Northland Development Standards, as adopted by City Council in 1992, 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 3000 MORSE ROAD (43231), being 2.07± acres located on the north side of Morse Road, 180± feet west of Westerville Road, and being more particularly described as follows:
ZONING LEGAL DESCRIPTION FOR 2.073± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Third Quarter of Township 5, Range 17, United States Military Lands and being all the remainder of lands deeded to F&R Limited Partnership as recorded in Official Record 27849 D18 (all references to recorded documents are on file in Franklin County Recorder's Office), being more particularly described as follows:
Beginning at the northwest corner of said F&R Limited Partnership parcel as recorded in Official Record 27849 D18;
Thence South 80º55'54"East, along south line of Thelma F. Reidling's 5.475 acre parcel as recorded in Official Record 3407 J01, a distance of 198.73 feet to a point;
Thence South 5º22'50" West, along the east line of World Business Services, Inc.'s 1.48 acre parcel as recorded in Official Record 6267 D04, a distance of 111.89 feet to a point;
Thence South 84º37'17"East, along said 1.48 acre parcel, a distance of 62.91 feet to a point;
Thence South 5º30'20"West, along said 1.48 acre parcel, a distance of 254.66 feet to a point on the north Right of Way of Morse Road;
Thence North 85º15'00"West, along the north Right of Way of said Morse Road, a distance of 260.90 feet to a point;
Thence North 5º24'42"East, along the east line of Angelina J Wenner's 1.00 acre panel as recorded in Official Record 29405 D02, a distance of 382.21 feet to the place of beginning and containing 2.073 acres of land
Basis of Bearing: The centerline of Morse Road was assigned a bearing of North 85º15'00"West as show in said F&R limited Partnership Inc. deed.
The above description was written from record and is intended solely for zoning purposes. The above description should not be used in the conveyance of Property.
To Rezone From: R, Rural District,
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 FOR ZONING, F & R LIMITED PARTNERSHIP," and CPD text titled, "CPD TEXT," both signed on April 25, 2004 by Gary B. Gitlitz, attorney for the applicant, , and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned District
EXISTING DISTRICT: R, Rural District
PROPERTY ADDRESS: 3000 Morse Road, Columbus, Ohio 43229
DATE OF TEXT: April 25, 2005
APPLICATION NUMBER: Z04-076
1. INTRODUCTION:
Applicant wishes to rezone 3000 Morse Road (43229), being 2.07± acres located on the north side of Morse Road, west of Westerville Road from R, Rural District, to CPD, Commercial Planned District.
The site currently contains an existing 2-story steel and brick building consisting of 10,647 square feet which has been used to house a car sales lot.
The Site is on the north side of Morse Road, bounded by Cleveland Avenue to the east and Westerville Road. Morse Road is a six lane road running east and west with 3 lanes of traffic running in each direction. The Site is currently surrounded by a variety of commercial zoning uses including seven (7) car lots.
The property was annexed to the City of Columbus on February 5, 1997 (case # 62-96) and was a car sales lot prior to the annexation.
2. PERMITTED USES:
Those uses permitted in Chapter 3356, C-4, Regional Scale Commercial District, of the Columbus City Code shall apply, except the following uses: outdoor amphitheater, asbestos product sales, ballrooms (commercial, for profit), coliseum, dance hall, armored car service garage, stables, skating rink, testing or experimental laboratory, or veterinary hospital, amusement arcade, bars, cabarets and night clubs billboards, and off premise graphics.
3. DEVELOPMENT STANDARDS:
Unless otherwise specified in this CPD Text, the applicable development standards shall be those contained in Chapter 3356, C-4, Regional Scale Commercial Development, and Chapter 3372, Planning Overlay.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setback: The building setback shall be 50± feet from the street right-of-way line. The existing building requires a variance to reduce the building setback line from 80 feet to 50.2± feet from the street right-of-way line.
2. Parking Setback: The minimum parking setback for the existing building shall be 30± feet from the street right-of-way line between the curb cuts.
3. Maneuvering Setback: The minimum parking and maneuvering setback shall be ten (10) feet from the street right-of-way line. Except for an access drive, pedestrian sidewalk to the site interior, and lighting standards, the maneuvering setback area shall be maintained as a landscaped green space, as described in this text.
4. Lot coverage for all buildings and pavement shall not exceed 80%.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. The property consists of three separate parcels that are contiguous with one another. The three parcels, a total of 2.07± acres, shall be combined prior to issuance of zoning clearance.
2. The final location of curb cuts is subject to review and approval of the City of Columbus Transportation Division. Access to and from the site shall be via Morse Road.
3. Loading areas shall not be visible from the Morse Road right-of-way line.
4. A pedestrian walkway shall be provided from the Morse Road public sidewalk to the principal building's primary entrance.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The northern property line shall contain a 10-foot landscape buffer.
2. Perennial plantings or a minimum 24 inch high continuous hedge that shall be maintained at a height of 36 inches within three years shall be installed in the ten (10) foot maneuvering setback zone located along Morse Road and such other perennial plantings as deemed appropriate which shall not materially interfere with visibility to Morse Road.
3. All trees and landscaping shall be well maintained. Any dead items shall be replaced within six (6) months or during the next planting season, whichever occurs first.
4. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level, to the height of the equipment by the same material utilized on the building roof or exterior. Decorative cornices may be used. Color shall also match the building exterior or roof. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping, or any fence or wall utilizing comparable and compatible materials as the building materials.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building materials shall be traditional and natural in appearance, using materials such as wood; brick; natural or synthetic stone; natural or synthetic stucco; split concrete block; steel; textured or colored metal; marble; smooth, textured concrete; EIFS and/or glass, or a combination thereof.
2. Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
3. The primary roof of any new building shall be pitched, sloped with a minimum slope of 6:12, or flat where needed to accommodate screening of rooftop mechanical or other equipment.
E. Lighting, Outdoor Display Areas, and/or Other Environmental Commitments.
1. All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color.
4. Light poles in the parking lots shall not exceed a maximum of twenty-eight (28) feet in height.
5. Building-mounted area lighting within the parcel shall utilize fully shielded cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
6. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
7. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and/or Signage Commitments.
All graphics and signage for use on the subject Site shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code, as it applies to the C-4, Commercial classification and the Morse Road special graphics control area. Any variance to those requirements is subject to review and approval of the Columbus Graphics Commission.
G. Miscellaneous Commitments.
1. The Owner shall comply with the parkland dedication ordinance by paying the City of Columbus a fee of $400.00 per acre prior to issuance of zoning clearance.
2. Elevated vehicle displays, including the use of ramps, are not permitted.
3. There shall be no searchlights and no outside speakers.
4. The subject site shall be developed in substantial accordance with the attached site plan titled "SITE PLAN FOR ZONING, F & R LIMITED PARTNERSHIP, 2.07± ACRES AT 3000 MORSE ROAD, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO," dated April 25, 2004 and signed by Gary B. Gitlitz, attorney for the applicant. The final site layout has not been completed. Therefore, only the footprint of the existing building, delineation of paved surfaces and setback lines identified for maneuvering, parking and the building are committed to on this site plan. The CPD site plan shall be adjusted as needed for preparation of a zoning clearance site plan. Adjustments to the CPD site plan for preparation of the zoning clearance site plan are subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustments.
5. The applicant must submit an application for zoning clearance to establish any use permitted by Section 2 of this text, including motor vehicle sales.
6. Redevelopment of all or a portion of this development site that involves replacement of the existing building shall require full compliance with Chapter 3372 and development standards included in the Northland Standards, as adopted by City Council or as subsequently amended by City Council, which shall supercede development standards contained in this CPD text and the CPD site plan referenced above. In addition, the applicant shall grant without cost any right-of-way that may be requested by the City of Columbus Division of Transportation as a condition of such redevelopment.
H. CPD Requirements.
1. Natural Environment. The Site currently consists of an abandoned used car sales lot.
2. Existing Land Use. The current land use of the parcels is an abandoned used car sales lot.
3. Transportation and Circulation. The site is currently accessed by two curb cuts to Morse Road.
4. Visual Form of the Environment. The existing uses/zoning of the surrounding properties are as follows:
West: Zoned commercial in Blendon Township; developed with adult book/video store.
East: Zoned commercial in Blendon Township; site is vacant but was part of used auto sales business.
South: CPD District (fuel sales) and commercial in Mifflin Township (convenience store).
North: Vacant commercial land in Blendon Township.
5. View and Visibility. Consideration has been given to visibility and safety issues; the Site Plan is a direct result of the same.
6. Proposed Development. The Proposed Development is compatible and complimentary to existing, surrounding commercial uses, and re-establishes used motor vehicle sales on the site. The proposed development will contribute to the overall commercial viability of the area.
7. Behavior Patterns. The proposed access to this Site is from Morse Road.
8. Emissions. Due to the intensity of the land use surrounding the subject Site, there will be no relevant increase of or addition to emissions.
I. Variances Requested.
1. Applicant requests a variance to C.C. 3356.11, C-4 district setback lines, to reduce the required building setback line on Morse Road from 80 feet from the street right-of-way line to 50.2± feet from the street right-of-way line. This variance is to permit continued use of the existing building only and becomes void if the existing building is replaced.
2. Applicant requests a variance to C.C. 3342.29B, minimum number of loading spaces required, from two (2) loading spaces to one (1) loading space to be located in the rear of the property.
3. Applicant requests a variance to C.C. 3342.28, minimum number of parking spaces required, from 35 to 22 parking spaces, a reduction of approximately 37%, to reduce the number of parking spaces required for the existing building (10, 647 sq. ft. / 300 = 35). This variance is to permit use of the existing building for used motor vehicle sales only and becomes void for any other use or if the existing building is replaced. The applicant shall still provide any parking spaces required for display space per C.C. 3342.28.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.