Explanation
Rezoning Application Z03-081
APPLICANT: Harrisburg Properties; c/o Michael T. Shannon, Atty.; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Unspecified commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on
December 11, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the L-C-4, Limited Commercial District to conform an existing retail center and to permit additional unspecified commercial uses. The site is located along a section of Harrisburg Pike developed with similar commercial uses zoned in the unrestricted C-4, Commercial District. The submitted Limitation Text requires the installation of a privacy fence between the site and an existing single-family development to the east. Additional lighting, use, parking lot setback, and screening requirements are established on the undeveloped portion of the site. The proposal is consistent with the development trend in the area.
Title
To rezone 1416 HARRISBURG PIKE (43223), being 8.59± acres located on the east side of Harrisburg Pike, 440± feet north of Big Tree Drive, From: R, Rural, R-1, Residential and C-4, Commercial Districts, To: L-C-4, Limited Commercial District. (Rezoning # Z03-081)
Body
WHEREAS, application #Z03-081 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.59± acres From: R, Rural, R-1, Residential and C-4, Commercial Districts, To: L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Southwest Area Commission Task Force has not issued a recommendation for said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the L-C-4, Limited Commercial District to conform an existing retail center and to permit additional unspecified commercial uses. The site is located along a section of Harrisburg Pike developed with similar commercial uses zoned in the unrestricted C-4, Commercial District. The submitted limitation text requires the installation of a privacy fence between the site and an existing single-family development to the east. Additional lighting, use, parking lot setback, and screening requirements are established on the undeveloped portion of the site. The proposal is consistent with the development trend in 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:
1416 HARRISBURG PIKE (43223), being 8.59± acres located on the east side of Harrisburg Pike, 440± feet north of Big Tree Drive and being more particularly described as follows:
Sub-area A
Legal Description of 3.009 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of John Knight's Survey No. 717 in the Virginia Military District, and being all of the 3. Acre tract conveyed to Harrisburg Properties as shown of record on Instrument No. 200201180016003, Recorder's Office, Franklin County Ohio and being more particularly described as follows:
Beginning at a railroad spike found at the northwest corner of said 3 Acre tract, also being the southwest corner of a 0.9756 Acre tract conveyed to KFC U. S. Properties, Inc. (Inst. No. 200306260194986) and being on the centerline of Harrisburg Pike (60 feet wide) (U.S. Route 62/S. R. 3);
Thence, along the north line of said 3 Acre tract, the south line of said 0.9756 Acre tract and along part of the south line of a 1.3476 conveyed to Harrisburg Properties (Inst. No. 200311190370447), South 76° 08' 13" East, 630.71 feet to an iron pipe set at the northeast corner of said 3 Acre tract (passing an iron pipe set on the east right-of-way at 41.08 feet and at the southeast corner of said 0.9756 Acre tract at 387.61 feet);
Thence, along the east line of said 3 Acre tract, South 13° 48' 37" West, 191.73 feet to an 1" diameter pinch top iron pipe found at the southeast corner of said 3 Acre tract, (passing a 1" diameter iron pipe capped "Hoy Surveying" at the northwest corner of Lots 21 and 22 of Seneca Woods Section 1 (P.B. 75, P. 91) at 0.71 feet); southwest corner of said Lot 21, the northwest corner of Lot 20 and the northeast corner of Lot 7 of said Seneca Woods Section 1;
Thence, along part of the south line of said 3 Acre tract, along the north line of said Lot 7 and the north line of Lots 6 and 5 of said Seneca Woods Section 1, along the north line of a 0.50 Acre tract conveyed to L & N Bidwan, LLC (Inst. No. 200305190148469), and along part of the north line of a 0.516 Acre tract conveyed to John R. Schuman (Parcel Two) (ORV 13661 D-09), North 76° 12' 41" West, 618.91 feet to a mag nail set;
Thence, along part of the south line of said 3 Acre tract, along part of the north line of said 0.516 Acre tract, North 42° 57' 15" West, 142.41 feet (passing an iron pipe set on the east right-of-way line at 111.96 feet) to a mag nail set on the centerline of said Harrisburg Pike, the southwest corner of said 3 Acre tract;
Thence, along the centerline of said Harrisburg Pike, along the west line of said 3 Acre tract, North 56° 57' 17" East, 156.92 feet to the place of beginning CONTAINING 3.009 ACRES, subject however to all legal highways, leases, easements and restrictions of record and of records in the respective utility offices. Iron pipes set are 1" O.D. x 30" long with an orange plastic cap inscribed "P.S. 6579". Basis of bearing is the centerline of Harrisburg Pike held as North 56° 57' 17" East per Inst. No. 200003280059811. The foregoing description was prepared from a boundary survey by Myers Surveying Company on March 2004.
1.3476 Ac. Parcel
Situated in the City of Columbus, County of Franklin, State of Ohio and known as being a part of Virginia Military Survey No. 717 also known as being a portion of a parcel of land conveyed to James Wilson as recorded in Instrument No. 200204250104366 of said County's records, and being further bounded and described as follows:
Commencing at the northwest corner of Lots 21and 22 of Seneca Woods Allotment as recorded in Plat Volume 75, Page 91, and the northeast corner of land conveyed to Harrisburg Properties as recorded in Instrument No. 200201180016003, said northeast corner and said northwest corner being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following five (5) courses and distances:
1) Thence along the north line of said Harrisburg Properties, N 77º 53' 24" W for a distance of 243.10 feet to a 5/8 inch rebar with cap "GPD" set;
2) Thence N 12º 06' 36" E for a distance of 130.02 feet to a 5/8 inch rebar with cap "GPD" set on the south line of land owned by ZBP Partnership as recorded in Instrument Number 200204040085709;
3) Thence along said south line, S 77º 53' 24" E for a distance of 452.07 feet to a point on the west line of Lot 26 of Forest Grove Allotment as recorded in Instrument Number 200202110037623;
4) Thence along said west line and the west line of Lot 25 of said Allotment, S 12º 38' 57" W for a distance of 130.03 feet to a 3/4 inch hollow pipe with cap "PS 7313" found at the southwest corner of said Lot 25 and being a point on the north line of Lot 23 of said Seneca Woods Allotment;
5) Thence along said north line of Lot 23 and the north line of said Lot 22, N 77º 53' 24" W for a distance of 207.74 feet to the True Place of Beginning and containing 1.3476 acres (58,700 s.f.) of land, more or less, and subject to all easements, restrictions and covenants of record as surveyed under the supervision of James E. Karing, P.S. Number 7539, for GPD Associates, in January of 2003.
The Basis of Bearings is State Plane Grid North, Ohio South Zone NAD83 (1995).
To Rezone From: R-1, Residential, R, Rural, and C-4, Commercial District,
To: L-C-4, Limited Commercial District.
Sub-area B
4.242 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Virginia Military Survey 717 and being all of the One (1) Acre tract (less the 0.131 Acre exception) conveyed to Z.B.P. Partners of record in Instrument Number 199708080066428 and part of Tract II (8.500 Acres) and Tract III (0.452 Acres) conveyed to ZBP Partnership of record in Instrument Number 199707170049269, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at a railroad spike set at the southwest corner of said Tract II, the northwest corner of the Donald L. Beckett, Trustee, 3.0 Acre tract (Official Record Volume 9330 G-18) and in the centerline of Harrisburg Pike (60 feet wide) (U.S. Route 62/State Route 3);
Thence, along the centerline of said Harrisburg Pike and part of the westerly line of said Tract II, North 56 degrees 57 minutes 17 seconds East, 178.02 feet to a railroad spike set at the TRUE POINT OF BEGINNING;
Thence, along the centerline of said Harrisburg Pike, along part of the westerly line of said Tract II and along all of the westerly line of said Tract III, North 56 degrees 57 minutes 17 seconds East, 377.13 feet to a railroad spike set at the northwesterly corner of said Tract III, the southwesterly corner of said One Acre tract, also being the southwesterly corner of an 0.131 Acre tract conveyed to the City of Columbus (Official Record Volume 13004 B-16);
Thence, along a northerly line of said Tract III, along a southerly line of said One Acre tract and said 0.131 Acre exception tract, South 34 degrees 41 minutes 10 seconds East, 47.70 feet to an iron pipe set;
Thence, along a northerly line of said Tract III, along a southerly line of said One Acre tract and said 0.131 Acre tract, South 75 degrees 14 minutes 30 seconds East, 3.13 feet to an iron pipe set at the southeasterly corner of said 0.131 Acre tract, also being on the easterly line of said Harrisburg Pike;
Thence, along the easterly line of said Harrisburg Pike (being 50 feet easterly from and at right angles to, said centerline of Harrisburg Pike), also being the easterly line of said 0.131 Acre tract, and across said One Acre tract, North 56 degrees 57 minutes 17 seconds East, 133.23 feet to an iron pipe set at the northeast corner of said 0.131 Acre tract, also being on the northerly line of said One Acre tract, also being on the southerly line of the 1.053 Acre tract conveyed to John D. Schwenker (Official Record Volume 19642 E-20);
Thence, along part of the northerly line of said One Acre tract, along part of the southerly line of said 1.06 Acre tract, South 75 degrees 28 minutes 22 seconds East, 333.69 feet to an iron pipe set at the southeasterly corner of said 1.06 Acre tract, the northeasterly corner of said One Acre tract, and being on a westerly line of Tract I as conveyed to said ZBP Partnership (Instrument Number 199707170049269);
Thence, along the easterly line of said One Acre tract, a westerly line of said Tract I, and across said Tract II, South 14 degrees 24 minutes 03 seconds West, 337.22 feet to an iron pipe set;
Thence, across said Tract II, North 76 degrees 08 minutes 13 seconds West, 718.05 feet (passing an iron pipe set for reference at 663.28 feet) to the place of beginning CONTAINING 4.242 ACRES, subject, however to all legal highways, easements, leases and restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. #6579" unless otherwise noted. Basis of bearings is the centerline of Harrisburg Pike assumed as North 56 degrees 57 minutes 17 seconds East.
The foregoing description was prepared from actual field measurements in October 1997 by Myers Surveying Company, Inc. The 4.242 Acre tract encompasses 0.863 Acres from Parcel Number 010-213775, 0.058 Acres from 570-143566 and 3.321 Acres from 570-143573.
MYERS SURVEYING COMPANY, INC.
Joseph P. Myers, P.S. #7361
JPM/kmh (6030598)
To Rezone From: R-1, Residential and C-4, Commercial 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 Micheal T. Shannon, Attorney for the Applicant, dated March 1, 2004, and reading as follows:
LIMITATION OVERLAY TEXT
DEVELOPMENT PLAN
PROPOSED DISTRICT: L-C-4, COMMERCIAL DEVELOPMENT
PROPERTY ADDRESSES: 1416 HARRISBURG PIKE (43223)
OWNERS: HARRISBURG PROPERTIES
ZBP PARTNERS
APPLICANT: HARRISBURG PROPERTIES
c/o Michael T. Shannon, Esq., George R. McCue, Esq. CRABBE, BROWN & JAMES, LLP; 500 S. Front Street, Sutie 1200, Columbus, Ohio 43215 Ph: (614) 228-5511; Fax: (614) 229-4559 Mshannon@cbjlawyers.com, Gmccue@cbjlawyers.com
DATE OF TEXT: MARCH 1, 2004
APPLICATION #: Z03-081
INTRODUCTION: The subject site consists of 8.59+/- acres of land located on the southeast side of Harrisburg Pike and is more particularly identified in the three (3) legal descriptions submitted as part of this Rezoning Application ("Property"). The Applicant, Harrisburg Properties, is requesting a rezoning of its property from R-1 to L-C-4. In addition, Applicant agreed to rezone the contiguous ZBP property to L-C-4 to correct the inadvertent zoning classification of R-1 at the rear of the ZBP property. Applicant wishes to develop the Harrisburg Property for retail uses. In order to exclude offensive uses that are permitted in the L-C-4 district, it is necessary that this limitation text be applied to this Rezoning Application as it relates to the Harrisburg Property and the rear portions of the ZBP Property.
I. SUBAREA "A"
Subarea "A" is all of parcel number 010-263080, (consisting of 3.0+/- acres), and part of parcel number 570-143566 (consisting of 1.3476+/- acres) (hereinafter "Subarea A"), containing 4.3476 acres. Parcel number 010-263080 is owned by Applicant, Harrisburg Properties, and Parcel Number 570-143566 is owned by ZBP Partners. The following development standards shall apply to Subarea A:
PERMITTED USES: The permitted uses shall be those uses set forth in Chapter 3356 C-4 Regional Scale Commercial District of the City of Columbus Zoning Code, except the following:
Bars, Cabarets and Nightclubs; Missions/Temporary Shelters; Pawn Brokers; Recreational Vehicle Dealers; Drive-in Motion Picture Theaters; Hotels and Motels.
DEVELOPMENT STANDARDS: Except as otherwise noted, the applicable
development standards of Chapter 3356, C-4 Regional Scale Commercial District shall apply. In addition, the following general and specific development standards shall apply:
A. Density, Height, Lot, and/or Setback Commitments.
1. Height: The maximum building height of any structure on the Harrisburg Property shall not exceed 35 feet.
2. Setback: Along any portion of the southern property line and eastern property line of Parcel No. 010-263080 that abuts residential property, there shall be a fifteen (15) foot setback to accommodate the proposed screening commitments as set forth in section C.5. of this Limitation Text.
Along any perimeter of the 1.3476+/- acre portion of Parcel No. 570-143566 that abuts residential property, there shall be a fifteen (15) foot setback to accommodate the proposed screening commitments as set forth in Section C.5 of this Limitation Text.
B. Access, Loading, Parking, and/or Other Traffic-Related Commitments.
1. Access to Subarea A shall be from Harrisburg Pike and shall be subject to the approval of the Ohio Department of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The Subarea A Property shall be buffered and landscaped in accordance with this Limitation Text.
2. The landscaping required in this section shall count towards satisfying the
landscaping requirements of Columbus City Code Chapter 3342.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first.
4. All trees shall meet the following minimum size at the time of planting: (I) shade trees 2 ½" caliper; (ii) ornamental trees 1 ½" caliper; and (iii) evergreen trees five (5) feet in height. Tree caliper is measured six (6) inches from the ground.
5. There shall be landscaping along any perimeter of the Subarea A Property site that abuts residential property in the form of evergreen trees planted 15 feet on center and 5 feet in height at the time of planting. In addition, along any perimeter of the Subarea A Property that abuts residential property, there will be a 6-foot high board-on-board fence.
D. Building Design and/or Interior-Exterior Treatment Commitments. N/A.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or Other Environmental Commitments.
1. Lighting: For the Subarea A Property all lighting shall be of the cut-off type (down-lighting) and shall be of similar nature. All lighting poles, standards, signs, frames, poles and/or supports shall be uniform and be either black, dark brown or anodized in color.
In addition, the following lighting standards shall apply only to Subarea A:
a. Any buildings or landscaping illuminated with uplighting shall be from a concealed source directed away from the public right-of-way and any abutting residential district.
b. Accent lighting shall be permitted provided such light source is concealed.
c. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
d. Light poles shall not exceed 14 feet within 100 feet of residentially zoned property.
e. Lighting shall not exceed .1 foot-candle along the property line of a residentially used or zoned property so that no light trespasses off the property.
2. Dumpster Screening. As required by C.C.C. §3342.09, dumpsters shall be screened from view on all sides with a board-on-board fence.
F. Graphics and/or Signage Commitments.
All signage and graphics shall conform to Article 15, Title 33 of the Columbus Graphics Code, as it applies to a C-4 district. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. There shall be no outdoor loudspeaker music.
2. Parkland Dedication Commitments: If it is a requirement of the Recreation and Parks Department, Applicant will make a monetary or land contribution to the Recreation and Parks Department for the Harrisburg Property portion of the Rezoning Application. Said contribution will be made at the time of final plan approval.
II. SUBAREA "B"
Subarea "B" consists of Parcel numbers 570-143566 and 010-213775 (hereinafter "Subarea B"), consisting of 4.2414 acres. Subarea B is currently occupied by the Zettler Hardware Shopping Center owned by ZBP Partners. On or around March 27, 1998, the ZBP Partners received zoning clearance for a C-4 development for the construction of the Zettler Hardware store, however, a portion of the rear parcels inadvertently remained zoned R-1. A majority of Subarea B is currently zoned C-4. This site is developed and the applicant is simply including this Subarea to correct a mistake the City made. The following development standards shall apply to Subarea B.
1. PERMITTED USES: The permitted uses shall be those uses set forth in Chapter 3356 C-4 Regional Scale Commercial District of the City of Columbus Zoning Code.
2. DEVELOPMENT STANDARDS: Except as otherwise noted, the applicable
development standards of Chapter 3356, C-4 Regional Scale Commercial District shall apply.
A. Density, Height, Lot, and/or Setback Commitments. N/A
B. Access, Loading, Parking, and/or Other Traffic-Related Commitments. N/A
C. Buffering, Landscaping, Open space, and/or Screening Commitments.
Along the rear (southwesterly) property line of Subarea B (Parcel Nos. 570-143566 and 010-213775) that abuts residential development, a 6-foot high board-on-board fence will be installed to act as screening from the C-4 site.
D. Building Design and/or Interior-Exterior Treatment Commitments. N/A.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or Other Environmental Commitments. N/A
F. Graphics and/or Signage Commitments. N/A
G. Miscellaneous Commitments. N/A
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.