Explanation
Rezoning Application Z06-031
APPLICANT: Morso Holding Co.; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on July 13, 2006.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit unspecified commercial development consistent with the Northeast Area Plan and with the zoning and development patterns of the area. The Northeast Area Plan (1994) recommends Mixed Use: Warehouse, Office & Retail for the site. The CPD plan and text establish appropriate use restrictions and development standards addressing building density, lighting, and landscaping.
Title
To rezone 3443 STELZER ROAD (43219), being 3.9± acres located on the west side of Stelzer Road, 276± feet south Easton Commons, From: R-1, Residential District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-031)
Body
WHEREAS, application #Z06-031 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.9± acres from R-1, Residential District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Northeast 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 permit unspecified commercial development consistent with the Northeast Area Plan and with the zoning and development patterns of the area. The Northeast Area Plan (1994) recommends Mixed Use: Warehouse, Office & Retail for the site. The CPD plan and text establish appropriate use restrictions and development standards addressing building density, lighting, and landscaping, 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:
3443 STELZER ROAD (43219), being 3.9± acres located on the west side of Stelzer Road, 276± feet south Easton Commons, and being more particularly described as follows:
3.9 Acres
Zoning Description
South of Easton Commons
West Side of Stelzer Road
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military District and being part of that 1.995 acre tract conveyed to MORSO Holding Co. of record in Instrument Number 200209130227887 and part of that 2 acre tract conveyed to MORSO Holding Co. of record in Instrument Number 200006160119757 and described as follows:
Beginning at the northwest corner of said 1.995 acre tract, the same being a corner to a remainder of Parcel 6 as shown in the deed to MORSO Holding Co. of record in Official Record 30846G11 and Official Record 31131D10 and in an east line of Tract III as shown in the deed to Columbus 1031, LLC of record in Instrument Number 200512150264523;
thence South 86° 15' 17" East, with the north line of said 1.995 acre tract, a south line of said remainder of Parcel 6, 605.86 feet to the west right-of-way line for Stelzer Road (Plat Book 80, Page 19);
thence South 04° 04' 40" West, with said west right-of-way line (20.00 feet west of the old centerline for Stelzer Road), 278.40 feet to the south line of said 2 acre tract;
thence North 86° 15' 17" West, with said south line, a portion being the north line of Tract I as shown in said deed to Columbus 1031, LLC and a north line of said Tract III, 605.86 feet to the southwest corner to said 2 acre tract, a corner to said Tract III;
thence North 04° 04' 40" East, with the west line of said 2 acre tract and the west line of said 1.995 acre tract, the same being an east line of said Tract III, 278.40 feet to the Point of Beginning. Containing 3.9 acres, more or less.
This description was prepared from existing records and is for zoning purposes only.
All references refer to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
To Rezone From: R-1, Residential District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of One-hundred-ten (110) 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, "CPD Exhibit," signed by Jeffrey L. Brown, attorney for the Applicant, and dated August 30, 2006; and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Jeffrey L. Brown, attorney for the Applicant, and dated September 1, 2006 and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 3443 Stelzer Road
OWNER: Morso Holding Company
APPLICANT: Morso Holding Company
DATE OF TEXT: 9/1/06
APPLICATION NUMBER: Z06 - 031
1. INTRODUCTION:
In 1995, over 900 acres south of Morse Road between Sunbury Road and I-270 were rezoned to reflect freeway changes and proposed development plans. In 1996, zoning application Z96 - 034 was filed to reflect the Chase development located on the south side of Morse Crossing. In 1997, zoning application Z97 - 083 was filed, and thereafter Z97 - 083A to accommodate the evolution of the Easton site.
The applicant acquired these properties and proposes to establish a zoning that is consistent with the adjacent CPD zoning of Z97 - 083A.
2. PERMITTED USES: Those uses permitted in Chapter 3356 of the Columbus City Code (C-4, Commercial District) except for the following uses:
Adult day care center unless in a separate stand alone building
Animal shelter
Amusement arcade (does not preclude individual business having up to 10 machines)
Armored car
Astrology, fortune telling and palm reading
Automobile sales, new and used, leasing and rental
Billboards
Blood and organ banks
Bowling alley
Butcher shops, fish, meat, and seafood market larger than 2,000 sq. ft. unless part of a larger grocery store use
Cabaret
Carryout
Check cashing facility or store
Collection agency
Commercial radio transmitting or television station and appurtenances including cellular towers
Community food pantry
Crematory
Dance hall
Dwelling units
Electric substation
Farm equipment dealers
Funeral parlor
Garden center
Investigation guard security service
Limousine and taxi service
Monopole telecommunications
Motor bus terminal
Mission / temporary shelters / halfway house
Motion picture theater including drive-in
Off-premises graphics (unless approved as part of a Graphics Plan)
Pawn shop
Pet day care
Poolroom
Private club
Recreational vehicles, motorcycles and boat sales, new and used
Roof top telecommunications unless the devices are screened from ground view from the adjacent paved surface
Tattoo parlor
Testing or experimental laboratory
Trade school
Truck, utility trailer, sales, rental and leasing
Vending machine operators
Warehouse club or super center (defined as any grocery store larger than 80,000 sq. ft.)
3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following text, the Development Standards shall be as specified in Chapter 3356 of the Columbus City Code (C-4, Commercial District).
A. Density, Height, Lot, and/or Setback Commitments:
1. The parking, loading, and maneuvering setback shall be 50 feet and the building setback shall be 100 feet from Stelzer Road.
2. The height limit for buildings located between the 100 feet building setback and 200 feet from the right-of-way of Stelzer Road shall be 35 feet. The height limit for buildings located more than 200 feet and less than 300 feet from the right-of-way of Stelzer Road shall be 75 feet. The height limit for buildings located 300 feet or more from the right-of-way of Stelzer Road shall be 100 feet. The portions of buildings, or structures, which exceed 60 feet in height may not cover more than 15% of the area of the subject property on which the 100 foot height limit is permitted.
3. The maximum aggregate building square footage for the site shall be 120,000 sq. ft.
4. For structures and paved areas lot coverage shall not exceed 85%.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. All circulation, curbcuts and access points shall be subject to the approval of the City's Division of Transportation.
2. The developer shall restripe the lane markings on Stelzer Road to create a northbound left turn lane into the site subject per the City's Division of Transportation's requirements.
3. At the time of zoning clearance the developer shall deed to the City 60 feet of right-of-way from the centerline of Stelzer Road per the City's requirements.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Street trees shall be planted within the parking setback along Stelzer Road frontage containing one tree for every 30 feet of frontage. In addition, along the Stelzer Road frontage, there shall be a mixture of deciduous, shade, and ornamental trees and evergreen trees and shrubs at a quantity of three deciduous shade trees, one ornamental tree, three evergreen trees, and five deciduous or evergreen shrubs per 100 lineal feet or fraction thereof of frontage. Trees do not have to be equally spaced, but may be grouped.
2. Any surface parking lot shall be screened from adjacent public rights-of-way with a minimum 3' high continuous planting, hedge, fence, wall or earth mound or any combination thereof.
3. Any surface parking lot, excluding loading, unloading and storage area containing more than 6,000 square feet of area or 20 or more vehicular parking spaces shall provide interior landscaping per the requirements of Chapter 3342 of the Columbus City Code in addition to previously required perimeter landscaping.
4. Minimum size of all trees at installation shall be 2 ½" caliper for deciduous, 5' high for evergreens, and 1 ½" caliper for ornamentals.
5. 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.
D. Building Design and/or Interior-Exterior Treatment Conditions
Not applicable
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external lighting shall be cutoff type fixtures (down-lighting), and shall provide no light spillage to off-site parcels. However, building and landscaping may be uplit or downlit provided that landscaping lighting does not spill over into the public right-of-way. Maximum height of light poles shall not exceed 28'.
2. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure.
3. Service corridors and areas shall be screened from view from all public roadways and parking lots with either a wall, fence, or landscaping.
F. Graphics and Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
2. Entry features may be established and may contain signage. Minimum setback for entry features shall be 5 feet from the right-of-way line. In no case, shall entry features interfere with maintaining safe clear sight distances at intersections. Depending on the final form of the entry features, appropriate variances from the Columbus Zoning Code may be required.
G. Miscellaneous commitments.
1. The developer shall pay at the time of zoning clearance a park fee of $400/acre to the City.
H. CPD Requirements
1. CPD criteria
a. Natural environment: The site is located on the west side of Stelzer Road, south of Easton Commons/Easton Oval, north of Morse Crossing.
b. Existing Land Use: These properties are vacant.
c. Transportation and Circulation: Access to the site shall be from Stelzer Road.
d. Visual form of the Environment: The buildings shall conform with the requirements of this CPD text.
e. View and Visibility: In the development of the subject site and in the location of buildings and access points, consideration shall be given to visibility and safety of motorist and pedestrians.
f. Proposed development: Office, commercial.
g. Behavior patterns: Site development and access will have little effect on the behavior patterns in this area.
h. Emissions: This development will not adversely affect adjacent uses.
2. Variances
a. Depending on the final form, entry features may be subject to the graphics code minimum setback of 15 feet or to the building setback.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.