Explanation
Rezoning Application Z13-007
APPLICANT: Hamilton II Retail LLC; c/o Melanie Wollenberg; 445 Hutchinson Avenue, Suite 800; Columbus, OH 43235.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on June 13, 2013.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site has remained undeveloped since it was rezoned to the CPD, Commercial Planned Development District for a fuel sales facility and convenience store in 2010. The requested CPD, Commercial Planned Development District will update the existing development standards and CPD Plans to allow alternative uses. The site is located within the boundaries of the Preserve District of the Northland Plan: Volume II (2002). Specific land use guidelines are not given for this location; however, staff is supportive of commercial development given the existing pattern in the area. The CPD plans and text include appropriate use restrictions, and maintains requirements for setbacks, landscaping, a 20-foot landscaped and fenced buffer area along the eastern property line, and lighting and graphics controls, which ensure compatibility with the adjacent single-unit residential development.
Title
To rezone 5700 NORTH HAMILTON ROAD (43230), being 2.9± acres located on the east side of North Hamilton Road, 438± feet north of Preserve Boulevard, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning # Z13-007).
Body
WHEREAS, application #Z13-007 is on file with the Department of Building and Zoning Services requesting rezoning of 2.9± acres from CPD, Commercial Planned Development District, 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 will update the existing development standards and CPD Plan to allow alternative uses. The CPD plans and text include appropriate use restrictions and development standards which ensure compatibility with the adjacent single-unit residential development; 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:
5700 NORTH HAMILTON ROAD (43230), being 2.9± acres located on the east side of Hamilton Road, 438± feet north of Preserve Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being the remainder of that 44.973 acre tract conveyed to The New Albany Company, LLC of record in Instrument Numbers 199805190122202, 199805190122203, and 199811120289607, and all of that 1.915 acre tract conveyed to The New Albany Company LLC of record in Instrument Number 200010190212895, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at Franklin County Geodetic Survey Monument Number 8814 in the centerline of Hamilton Road, at the southwesterly corner of that tract as conveyed to Town and Country City Inc. of record in Deed Book 3513, Page 546, being North 03° 07' 54" East, a distance of 1544.01 feet from Franklin County Geodetic Survey Monument Number 8813;
thence South 87° 01' 32" East, with the southerly line of said Town and Country City Inc. tract, a distance of 450.00 feet to an iron pin set at a common corner of said 1.915 acre tract and "The Preserve Section 4", a subdivision of record in Plat Book 93, Pages 26;
thence South 02° 58' 28" West, with the line common to said 1.915 acre tract and "The Preserve Section 4", a distance of 640.28 feet to an iron pin set at a point on a curve in the northerly right-of-way line of Preserve Boulevard at the southeasterly corner of said 1.915 acre tract;
thence with said northerly right-of-way line and with the arc of a curve to the right (Delta 29° 48' 13", Radius = 245.00 feet, arc length = 127.42 feet), a chord bearing and distance of South 78° 14' 00" West, 126.01 feet to an iron pin set at a point of tangency;
thence North 86° 52' 06" West, continuing with said northerly right-of-way line, a distance of 5.04 feet to an iron pin set at the southeasterly corner of the 1.490 acre tract conveyed to Wesbanco Bank Inc., by deed of record in Instrument Number 200205310134940;
thence North 03° 07' 54" East, with a line common to said 1.915 and 1.490 acre tracts, a distance of 250.00 feet to an iron pin set at the northwesterly corner of said 1.490 acre tract;
thence North 86° 52' 05" West, with the northerly line of said 1.490 acre tract, a distance of 324.96 feet to a magnetic nail set in the centerline of Hamilton Road at the northwesterly corner of said 1.490 acre tract;
thence North 03° 07' 54" East, with said centerline of Hamilton Road, a distance of 421.44 feet to the Point of Beginning and containing 5.063 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings for this description are based on a bearing of North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Number 8813 and 8814.
EXCEPTING THEREFROM ALL OF THE FOLLOWING:
0.320 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being part of the 5.063 acre tract conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 200512010253314, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at Franklin County Geodetic Survey Monument Number 8814 found at the southwesterly corner of that tract as conveyed to Town and Country City Inc. of record in Instrument Number 200602280037517, the northwesterly corner of said 5.063 acre tract and being on the centerline of Hamilton Road, the easterly line of that 1.170 acre tract conveyed to the City of Columbus, Ohio of record in Instrument Number 200307310242157, being the common line of said Quarter Township 3, Township 2, Range 16 with Quarter Township 4, Township 2, Range 17, (reference Franklin County Geodetic Survey Monument Number 8813 found South 03° 07' 54" West, a distance of 1544.01 feet);
Thence South 87° 01' 32" East, with the southerly line of said Town and Country tract, a distance of 65.00 feet to an iron pin set;
Thence South 03° 07' 54" West, across said 5.063 acre tract, being parallel with and 65.00 feet easterly of said centerline, a distance of 214.35 feet to an iron pin set in the northerly line of that 1.055 acre tract conveyed to Hamilton II Realty LLC of record in Instrument Number 200806180093563;
Thence North 86° 52' 05" West, with said northerly line, a distance of 65.00 feet to a magnetic nail set in said centerline, said common line, the westerly line of said 1.170 acre tract;
Thence North 03° 07' 54" East, with said centerline, westerly line and common line, a distance of 214.18 feet to the TRUE POINT OF BEGINNING and containing 0.320 acres of land, more or less, out of PID: 545-175660.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Numbers 8813 and 8814.
0.22 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being part of the 1.055 acre tract conveyed to Hamilton II Realty LLC by deed of record in Instrument Number 200806180093563, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8814 found at the southwesterly corner of that tract as conveyed to Town and Country City Inc. of record in Instrument Number 200602280037517, the northwesterly corner of that 5.063 acre tract conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 200602280037517 and being on the centerline of Hamilton Road, the easterly line of that 1.170 acre tract conveyed to the City of Columbus, Ohio of record in Instrument Number 200307310242157, being the common line of said Quarter Township 3, Township 2, Range 16 with Quarter Township 4, Township 2, Range 17, (reference Franklin County Geodetic Survey Monument Number 8813 found South 03° 07' 54" West, a distance of 1544.01 feet);
thence South 03° 07' 54" West, with said centerline, common line and easterly line, a distance of 214.18 feet to a magnetic nail set at the northwest corner of said 1.055 acre tract, a southwesterly corner of the remainder of said 5.063 acre tract, the TRUE POINT OF BEGINNING;
thence South 86° 52' 05" East, with the southerly line of said 5.063 acre tract, a distance of 65.00 feet to an iron pin set;
South 03° 07' 54" West, across said 1.055 acre tract parallel to and 65.00 feet easterly of said center line, a distance of 147.26 feet to an iron pin set on the southerly line of said 1.055 acre tract and a northerly line of said 5.063 acre remainder;
North 86° 52' 05" West, with said northerly line, a distance of 65.00 feet to a magnetic nail set in said centerline, common line and easterly line;
thence North 03° 07' 54" East, with said centerline, common line and easterly line, a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing 0.220 acres of land, more or less out of PID: 545-287236.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Numbers 8813 and 8814.
0.09 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being part of the remainder of that 5.063 acre tract conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 200512010253314, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8814 found at the southwesterly corner of that tract as conveyed to Town and Country City Inc. of record in Instrument Number 200602280037517, the northwesterly corner of said 5.063 acre tract and being on the centerline of Hamilton Road, the easterly line of that 1.170 acre tract conveyed to the City of Columbus, Ohio of record in Instrument Number 200307310242157, being the common line of said Quarter Township 3, Township 2, Range 16 with Quarter Township 4, Township 2, Range 17, (reference Franklin County Geodetic Survey Monument Number 8813 found South 03° 07' 54" West, a distance of 1544.01 feet);
thence South 03° 07' 54" West, with said centerline, said common line and said easterly line, a distance of 361.44 feet to a magnetic nail set at a northwesterly corner of said 5.063 acre remainder, the southwesterly corner of that 1.055 acre tract conveyed to Hamilton II Realty LLC, by deed of record in Instrument Number 200806180093563, the TRUE POINT OF BEGINNING;
thence South 86° 52' 05" East, a distance of 65.00 feet to an iron pin set;
thence South 03° 07' 54" West, across said 5.063 acre tract, being parallel to and 65.00 feet easterly of said centerline, a distance of 60.00 feet to an iron pin set in the southerly line of said 5.063 acre remainder, the northeasterly corner of that 0.343 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199906290164670;
thence North 86° 52' 05" West, with the northerly line of said 0.343 acre tract, a distance of 65.00 feet to a magnetic nail set in said centerline, said common line and the easterly line of said 1.170 acre tract, being the northwesterly corner of said 0.343 acre tract;
thence North 03° 07' 54" East, with said centerline, common line and easterly line, a distance of 60.00 feet to the TRUE POINT OF BEGINNING and containing 0.090 acre of land, more or less out of PID: 545-175660.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Numbers 8813 and 8814.
0.697 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township2, Range 16, United States Military Lands and being part of that 5.063 acre tract conveyed to Hamilton II Retail LLC of record in Instrument Number, 200512010253314, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 8814 in the centerline of Hamilton Road, at the southwesterly corner of that 266.658 acre (original) tract as conveyed to Town and Country City Inc. of record in Deed Book 3513, Page 546 and the northwesterly corner of said 5.063 acre tract, being North 03° 07' 54" East, a distance of 1544.01 feet from Franklin County Geodetic Survey Monument Number 8813
thence South 87° 01' 32" East a distance of 450.00 feet, with the line common to said 5.063 acre tract and said Town and Country City Inc. tract, to an iron pin set at a common corner of said 5.063 acre tract and "The Preserve Section 4", a subdivision of record in Plat Book 93, Page 26;
thence South 02° 58' 28" West a distance of 422.68 feet, with the line common to said 5.063 acre tract and "The Preserve Section 4", to an iron pin set marking the northeasterly corner of the parcel to be described herein and the TRUE POINT OF BEGINNING;
thence South 02° 58' 28" West a distance of 217.60 feet, with the line common to said 5.063 acre tract and "The Preserve Section 4", to an iron pin set at a point on a curve in the northerly right-of-way line of Preserve Boulevard as recorded in Plat Book 90, Page 29, at the southeasterly corner of said 5.063 acre tract;
thence with the arc of a curve to the right (Delta 29° 47' 58", Radius = 245.00 feet, arc length - 127.42 feet), a chord bearing and distance of South 78° 13' 55" West, 125.99 feet with said northerly right-of-way line, to an iron pin set at a point of tangency;
thence North 86° 52' 06' West a distance of 5.04 feet, continuing with said northerly right-of-way line, to an iron pin set at the southeasterly corner of the 1.490 acre tract conveyed to Wesbanco Bank Inc., by deed of record in instrument Number 200205310134940;
thence North 03° 07' 54" East a distance of 250.00 feet, with a line common to said 5.063 and 1.490 acre tracts to an iron pin set at the northeasterly corner of said 1.490 acre tract;
thence South 86° 52' 05" East a distance of 126.20 feet, crossing said 5.063 acre tract to the TRUE POINT OF BEGINNING and containing 0.697 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings for this description are based on a bearing of North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Numbers 8813 and 8814.
0.835 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being the remainder of the 1.055 acre tract conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 200806180093563, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows.
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8814 found in the centerline of Hamilton Road, being the line between said Quarter Township 3, Township 2, Range 16 and Quarter Township 4, Township 2, Range 17, at the common corner of that tract as conveyed to Town and Country City Inc. of record in Instrument Number 200602280037517 and the 0.320 acre tract conveyed to City of Columbus, Ohio by deed of record in instrument Number 200807100105811, being North 03° 07' 54" East, a distance of 1544.01 feet from Franklin County Geodetic Survey Monument Number 8813;
thence South 03° 07' 54" West, with said centerline of Hamilton Road, said Range line, and the westerly line of said 0.320 acre tract, a distance of 214.18 feet to a point at the common corner of said 0.320 acre tract and the 0.220 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200807100105811;
thence South 86° 52' 05" East, with the line common to said 0.320 and 0.220 acre tracts, a distance of 65.00 feet to an iron pin set in the easterly right-of-way line of said Hamilton Rood at a common corner of the remainder of said 1.055 acre tract, said 0.220 and 0.320 acre tracts, and the remainder of the 5.063 acre tract conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 200512010253314, being the TRUE POINT OF BEGINNING;
thence with the line common to the remainder of said 5.063 acre tract and said 1.055 acre tract, the following courses and distances:
South 86° 52' 05" East, a distance of 247.13 feet to an iron pin set; South 03° 07' 54" West, a distance of 147.26 feet to an iron pin set;
North 86° 52' 05" West, a distance of 247.13 feet to an iron pin set in said easterly right-of-way line at the common corner of the remainder of said 5.063 acre tract, the 0.090 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200807100105811, said 0.220 acre tract and the remainder of said 1.055 acre tract;
thence North 03° 07' 54" East, with said easterly right-of-way line, the line common to said 0.220 acre tract and the remainder of said 1.055 acre tract, a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing 0.835 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on North 03° 07' 54" East for the centerline of Hamilton Road between Franklin County Geodetic Survey Monument Numbers 8813 and 8814.
To Rezone From: CPD, Commercial Planned Development 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 change 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 plans being titled, "SITE PLAN," "LANDSCAPE PLAN," and "FENCING LOCATION," signed by Rebecca L. Egelhoff, Attorney, dated June 9, 2009, and "NON FUEL SALES SITE PLAN," "NON FUEL SALES SITE PLAN DETAILS," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Steve Wathen, Agent for the Applicant, dated June 17, 2013, and the text reading as follows:
(See ORD1621-2013Attachment)
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.