Explanation
Rezoning Application # Z10-008
APPLICANT: WXZ Retail Group/South High, LLC; c/o Laura MacGregor Comek, Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on June 10, 2010.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 11.6± acre site is developed with an automotive parts store and a cell tower in the R-2, Residential District. The cell tower was permitted by Ord. # 1583-91 (CV91-0026), and when the automotive parts store was approved for construction in 2007, the developer had indicated that the site was zoned in the C-4, Commercial District. A lot split application was filed for the property this year, and a map error was discovered and has been corrected to reflect that the entire site is actually zoned in the R-2, Residential District. The applicant requests the CPD, Commercial Planned Development District to secure proper zoning for the site which will ultimately allow the lot split on the property. The requested CPD, Commercial Planned Development District would allow a range of commercial uses while conforming the automotive parts store. The site is located within the planning area of the Scioto Southland Plan (2007), which recommends commercial development for this location in accordance with the Regional Commercial Overlay. The CPD text includes setback, landscaping, screening and exterior building materials provisions. Variances for the cell tower's existing conditions for setback and lack of screening are included in the request. The request is compatible and consistent with development in the area.
Title
To rezone 3201 SOUTH HIGH STREET (43207), being 11.6± acres located on the west side of South High Street, 1,550± feet north of Williams Road, From: R-2, Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z10-008).
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WHEREAS, application #Z10-008 is on file with the Department of Building and Zoning Services requesting rezoning of 11.6± acres from R-2, Residential District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Far South Columbus Area 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 a range of commercial uses while conforming the current automotive parts store. The request is consistent with the land use recommendations of the Scioto Southland Plan (2007), and with the development pattern 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:
3201 SOUTH HIGH STREET (43207), being 11.6± acres located on the west side of South High Street, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus.
Being the north half of the following described tract, to wit: Lying west of the Columbus and Chillicothe Pike and being 29- 2/3 acres off of the west end of a tract of 56-2/3 acres conveyed to Sarah Jane Shoaf by Jacob Fisher by deed dated April 20, 1861, recorded in Book No. 74, page 11 and 12 of the Record of Deeds of Franklin County, Ohio, said 56-2/3 acres being the middle one-third of Jacob Fisher's home farm he inherited from his father, being in Section 9, Township 4, Range 22, Congress Lands: and the premises conveyed by this deed being the undivided one-half of the premises owned by Charles Bluhm at the time of his death, having been conveyed to him by Heinrich Schuldt and wife by deed dated March 2, 1896, and recorded in Deed Book 281, Page 425, Recorder's Office, Franklin County, Ohio; and said premises so owned by Charles Bluhm being the north one-half of the premises conveyed to Charles Schwenker by deed from Samuel Thompson, Sheriff of Franklin County Ohio, and recorded in Deed Book 114, Page 426, Recorder's Office, Franklin County, Ohio.
Grantor herein acquired title to said premises by deed recorded in Vol. 1621, Page 178, and by Certificate of Transfer recorded in Vol. 1679, Page 326 of the deed records of Franklin County, Ohio.
EXCEPTING THEREFROM THE TWO FOLLOWING DESCRIBED PARCELS:
Parcel One:
Being situated in the State of Ohio, County of Franklin, City of Columbus and being a part of Section 9, Township 4, Range 22, Congress Lands and being a part of a 14.70 acre tract conveyed to Lavonne B. Goodfleisch shown of record in Official Record 2560, Page e-01, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a spike on the centerline of South High Street (U.S. #23) (80 feet wide) at the northeasterly corner of said 14.70 acre tract, and the southeasterly corner of a 1.889 acre tract conveyed to Payless Stations, Inc., shown of record in Deed Boo 2406, Page 19:
Thence South 0 degrees 18 minutes West, along the centerline of said South High Street (easterly line of said 14.70 acre tract), a distance of 109.00 feet to a spike:
Thence North 85 degrees 29 minutes West, across said 14.70 acre tract, and along a line parallel with the northerly line of said 14.70 acre tract (southerly line of said 1.889 acre tract) passing an iron pin on the westerly right-of-way line of said South High Street at 40.11 feet, a total distance of 200.00 feet to an iron pin:
Thence North 0 degrees 18 minutes East, across said 14.70 acre tract, and along a line parallel with the centerline of said South High Street (easterly line of said 14.70 acre tract), a distance of 109.00 feet to an iron pin on the northerly line of said 14.70 acre tract (southerly line of said 1.889 acre tract):
Thence South 85 degrees 29 minutes East, along the northerly line of said 14.70 acre tract (southerly line of said 1.889 acre tract), passing an iron pin on the westerly right-of-way line of said South High Street at 159.89 feet, a total distance of 200.00 feet to the place of beginning, subject to all highways and easements of record, and of records, easements, and restrictions in the respective utility offices;
Parcel Two:
Being situated in the State of Ohio, County of Franklin, City of Columbus and being part of an 14.20 acre tract conveyed to Phyllis A. Owen, OR. 1083030-A07, Franklin County Recorder's Office and being further described as follows:
Beginning at a northeasterly corner of the said 14.20 acre tract, said point also being the S.E. corner of an 0.499 acre tract conveyed to Timothy E. Kelly OR. 10563-E11 and being marked with a R.R. spike in the center line of South High Street (80' wide), thence S. 0 degrees, 18' W with the said centerline of S. High Street, a distance of 90.00' to a point:
Thence N. 85 degrees, 29' W, crossing the said 14.20 acre tract, a distance of 788.07 feet to a set iron pin:
Thence continuing across said 14.20 acre tract, North 03 degrees 42 minutes East, 198.48 feet to a set iron pin at a corner of said 14.20 acre tract (passing a found iron pin at an angle point in the northerly line of said 14.20 acre tract at 166.67 feet):
Thence, along a northerly line of said 14.20 acre tract (a southerly line of the Resource General Corporation 13.071 acre tract (Tract 1) of record in Official Record Volume 2347-1-15, said Recorder's Office, and part of a southerly line of the Payless Stations, Inc. 1.889 acre tract of record in Deed Book 2406, Page 19), South 85 degrees 29 minutes East, 576.29 feet to a set iron pipe at the northwest corner of a 0.499 acre tract:
Thence along the west line of said 0.499 acre tract, South 00 degrees 18 minutes West, 109.00 feet to a set iron pipe at the southwest corner of said 0.499 acre tract:
Thence along the southerly line of said 0.499 acre tract, South 85 degrees 29 minutes East, 199.98 feet to the place of beginning, subject, however, to all legal highways, easements, restrictions, leases and agreements of record and of records in the respective utility offices.
To Rezone From: R-2, Residential 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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "ZONING EXHIBIT," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by Laura MacGregor Comek, Attorney for the Applicant, dated June 17, 2010, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
3201 S. High Street
11.599+ Acres
CURRENT ZONING: R-2, Residential District
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 3201 South High Street (43207)
OWNER: WXZ Retail Group / South High, LLC, 22720 Fairview Center Drive, Fairview Park, Ohio 44126.
OWNER / APPLICANT: WXZ Retail Group / South High, LLC, 22720, c/o CRABBE, BROWN & JAMES, LLP, Laura MacGregor Comek, Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, lcomek@cbjlawyers.com.
DATE OF TEXT: June 17, 2010
APPLICATION NUMBER: Z10-008
1. INTRODUCTION:
The subject property ("Site") is located along South High Street, north of Williams Road and south of Southgate Drive, on the City's far south side. The Site lies within the boundaries of the Scioto Southland Civic Association and Far South Area Commission.
The Site is zoned in the R-2, Residential District, and developed with a retail auto parts store. An existing cellular tower is located to the rear of the commercial structure. The cell tower was approved via Council Variance Ordinance 1583-91 (CV91-0026). This rezoning request is being filed to legitimize the existing non-conforming uses. The site is surrounded by a variety of commercial uses, most of which are zoned C-4. Adjacent to the south is an American Legion hall, zoned C-4. To the north is a self-storage business zoned L-M. Several retail auto parts stores are located in the immediate vicinity.
This text and the CPD site plan are being submitted to visually depict the existing conditions and uses. The existing retail auto parts store and cellular tower shall be permitted to remain as developed; however, any future development or expansion shall conform to the standards set forth herein.
2. PERMITTED USES:
The following uses shall be permitted for the Site: All uses of the C-4 Commercial District (C.C.C. §3356.03).
3. DEVELOPMENT STANDARDS:
Except as specified herein and on the submitted CPD Site Plan, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District and, should the property be redeveloped, 3372, Planning Overlay, as it pertains to the Regional Commercial Overlay.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setback: The Building setback shall be as depicted on the attached Site Plan.
2. Parking Setback: The minimum parking setback shall be (10) feet from South High Street.
3. The height of the existing cellular tower is 150 feet, as permitted by C.C.C. §3353.05(D)(5).
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Any and all traffic-related commitments shall be designed and located to the specifications of the City of Columbus Planning and Operations Division.
2. Curb cuts shall be approved by the City of Columbus Planning and Operations Division. Access to and from the Site shall be as depicted on the submitted site plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All parking areas adjacent to the public right-of-way shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening may be in the form of an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
2. All existing street trees and site landscaping shall remain.
3. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within
six (6) months.
4. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5-6 feet. The minimum size of shrubs shall be two (2) gallons. Caliper shall be measured 6 inches above grade.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from
ground level.
2. Building materials shall be brick, synthetic brick, concrete, stone, EIFS, metal, glass, synthetic stone, or a combination thereof.
3. Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
E. Dumpsters, 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. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of twenty-eight (28) feet in height.
4. 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.
5. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
6. Dumpsters shall be screened from view on all four (4) sides to a minimum height of six (6) feet.
F. Miscellaneous Commitments.
1. 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 determined at the time the development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the director of the Department of Building and Zoning Services, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Owner/Applicant shall dedicate twenty (20) feet (more or less) of right-of-way along the Site's High Street frontage to the City of Columbus, in order to achieve a total right-of-way of sixty (60) feet from centerline.
3. Owner/Applicant will comply with the Parkland Dedication provisions of C.C.C. Chapter 3318. Such compliance shall be in the form of land dedication and/or a monetary contribution, the details of which shall be reviewed with and approved by the Recreation and Parks Department as a part of this rezoning ordinance.
G. CPD Requirements.
1. Natural Environment. The Site is developed with an existing retail auto parts store, accessory parking lot, and a cellular tower. The Site will remain substantially the same following this rezoning.
2. Existing Land Use.
The site is used for commercial retail development and a cellular tower.
3. Transportation and Circulation.
The Site will be accessed from South High Street as currently situated, so as not to increase curb cuts along South High Street. The existing parking lot circulation and access points will remain as currently situated.
4. Visual Form of the Environment.
The existing uses/zoning of the surrounding properties are as follows:
West: Scioto River along the rear of this and adjacent properties, with EQ, Quarrying land to the west of that;
North: Self-Storage Business zoned L-M-2; vacant land zoned R-2;
East: Across High Street are several commercial businesses zoned C-4, including a carry-out and a small multi-tenant retail structure;
South: American Legion Hall, zoned C-4.
5. View and Visibility.
Significant consideration has been given to visibility and safety issues.
6. Proposed Development.
Existing commercial development, with additional permitted uses as noted in Section 2 above.
7. Behavior Patterns.
This area has existing traffic flows, including South High Street as the major thoroughfare, and the major roadways in and around the area.
8. Emissions.
Due to the nature of the use, there will be no relevant increase of or addition to emissions.
I. Variances Requested.
The following variances are requested to permit the existing cellular tower to remain once the property is rezoned to CPD. The variances in place for the cellular tower were previously approved to vary the standards of the R-2, Residential District.
1. Variance from C.C.C. §3353.05(D)(2), which requires cellular towers in commercially-zoned districts to be screened with a 5-foot high, 75% opaque screening of either landscaping or fencing. The tower was approved in 1991 with no such screening, and applicant requests this variance to allow the tower to remain as previously approved.
2. Variance from C.C.C. §3353.05(D)(4), which requires cellular towers to be set back 200 percent of their height from residentially-zoned properties. The cellular tower at issue is 150 feet high. Here again, the cellular tower was previously approved as-is and this variance is requested to legitimize the existing conditions. While there is some remaining vacant land zoned R-2 to the north, there are no residentially developed properties within this commercial corridor along South High Street, which corridor is included in the City's Regional Commercial Overlay.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.