header-left
File #: 1674-2004    Version:
Type: Ordinance Status: Passed
File created: 9/13/2004 In control: Zoning Committee
On agenda: 10/18/2004 Final action: 10/20/2004
Title: To rezone 5327 NORTH HAMILTON ROAD (43229), being 4.2± acres located on the west side of North Hamilton Road, 490± feet north of Thompson Road , From: L-RRR, Limited Restricted Rural Residential District, To: CPD, Commercial Planned Development District and to declare an emergency (Z04-010).
Attachments: 1. ORD1674-2004 CPD plan.pdf, 2. ORD1674-2004 Staff Rpt.pdf, 3. ORD1674-2004 zone.pdf, 4. ORD1674-2004 gis.pdf, 5. ORD1674-2004 aerial.pdf, 6. ORD1674-2004 area plan.pdf, 7. ORD1674-2004 NCC civic.pdf, 8. ORD1674-2004 disclosure.pdf, 9. ORD1674-2004Labels.pdf, 10. ORD1674-2004Data Form.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
10/20/20042 CITY CLERK Attest  Action details Meeting details
10/19/20042 MAYOR Signed  Action details Meeting details
10/18/20041 Zoning Committee Amended to EmergencyPass Action details Meeting details
10/18/20041 Zoning Committee Approved as AmendedPass Action details Meeting details
10/18/20042 COUNCIL PRESIDENT Signed  Action details Meeting details
10/5/20041 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
10/5/20041 Dev Zoning Drafter Sent to Clerk's Office for Council  Action details Meeting details
10/4/20041 Dev Zoning Reviewer Reviewed and Approved  Action details Meeting details
10/4/20041 Dev Zoning Drafter Sent to Clerk's Office for Council  Action details Meeting details
10/4/20041 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
10/4/20041 Dev Zoning Drafter Sent for Approval  Action details Meeting details
10/4/20041 DEVELOPMENT DIRECTOR Reviewed and Approved  Action details Meeting details
10/4/20041 Dev Zoning Drafter Sent to Clerk's Office for Council  Action details Meeting details
9/13/20041 Dev Zoning Drafter Sent for Approval  Action details Meeting details
Explanation
 
REZONING APPLICATION:  Z04-010
 
APPLICANT:  SEM Partners, Inc., Architects; c/o David S. Beeman, Agent; 167 South State Street, Ste. 200; Westerville, Ohio 43081.
 
PROPOSED USE:  Church and C-2, Office Commercial uses.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on August 12, 2004.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development District to develop a religious facility or C-2, Office Commercial uses establishes an appropriate transition between unrestricted C-4 commercial zoning south of the site and predominantly multi-family residential development north of the site, and is consistent with zoning and development patterns along this section of North Hamilton Road.  The CPD text includes appropriate development standards that address building and parking setbacks, interior lot lines, perimeter and parking lot landscaping, headlight screening, and lighting and graphics restrictions. The CPD text includes variances to reduce required parking for a religious facility by 7% and to modify screening requirements along the north property line adjacent to the parking lot.  If the site is developed with any other C-2 commercial use the amount of required parking will comply with Chapter 3342 of the zoning code.  An Access Study was completed and reviewed by the Columbus Transportation Division to establish turn lane commitments included in the CPD text.
 
 
Title
 
To rezone 5327 NORTH HAMILTON ROAD (43229), being 4.2± acres located on the west side of North Hamilton Road, 490± feet north of Thompson Road , From:  L-RRR, Limited Restricted Rural Residential District, To:  CPD, Commercial Planned Development District and to declare an emergency (Z04-010).
 
 
 
Body
 
WHEREAS, application #Z04-010 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.2± acres, from L-RRR, Limited Restricted Rural Residential District, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval; 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 due to the need to construct additional parking for the existing facility prior to the end of the asphalt season in December for the immediate preservation of the public peace, property, health and safety; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District to develop a religious facility or C-2, Office Commercial uses establishes an appropriate transition between unrestricted C-4 commercial zoning south of the site and predominantly multi-family residential development north of the site, and is consistent with zoning and development patterns along this section of North Hamilton Road.  The CPD text includes appropriate development standards that address building and parking setbacks, interior lot lines, perimeter and parking lot landscaping, headlight screening, and lighting and graphics restrictions. The CPD text includes variances to reduce required parking for a religious facility by 7% and to modify screening requirements along the north property line adjacent to the parking lot.  If the site is developed with any other C-2 commercial use the amount of required parking will comply with Chapter 3342 of the zoning code.  An Access Study was completed and reviewed by the Columbus Transportation Division to establish turn lane commitments included in the CPD text; 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 5327 NORTH HAMILTON ROAD (43229), being 4.2± acres located on the west side of North Hamilton Road, 490± feet north of Thompson Road, and being more particularly described as follows:
 
Situated in the County of Franklin, State of Ohio and Township of Blendon and bounded and described as follows:
 
PARCEL I:
 
Located in Lot Number Seventeen (17) of the DeWolf Tract, as shown in Chancery Record 295, Page 4, Clerk's Office, Franklin County, Ohio, and being part of  the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, Page 5, and bounded and described as follows:  Beginning at a point in the west line of the Walter L. Erlenbach farm, said point being 116.55 feet south of the northwest corner of said farm (being the southwest corner of the Benjamin F. Green farm); thence South 89 deg. 08' east 560.62 feet, parallel with the north line of the Walter L. Erlenbach farm to a point (said point being North 89 deg. 08' west 373.88 feet from the centerline of Beecham Road); thence south parallel with the centerline of Beecham Road 116.55 feet to a point; thence parallel to the north line of the Walter L. Erlenbach farm (south line of the Benjamin F. Green farm); North 89 deg. 08' west 560.62 feet to a point in the west line of the Walter L. Erlenbach farm; thence along the west line, north 116.55 feet to the Place of Beginning, containing 1.5 acres more or less.
 
PARCEL II:
 
Located in Lot Number seventeen (17) of the DeWolf Tract, as shown in Chancery Record295, Page 4, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, Page 5, and bounded and described as follows:  Beginning at a point in the west line of the Walter L. Erlenbach farm, said point being 233.1 feet South of the northwest corner of said farm (being the southwest corner of the Benjamin F. Green farm); Thence South 89 deg. 08' east 560.62 feet, parallel with the north line of the Walter L. Erlenbach farm to a point (said point being North 89 deg. 08' west 373.88 feet from the centerline of Beecham Road); Thence south parallel with the centerline of Beecham Road 116.55 feet to a point; Thence parallel to the north line of the Walter L. Erlenbach farm (south line of the Benjamin F. Green farm) North 89 deg. 08' west 560.62 feet to a point in the west line of  the Walter L. Erlenbach farm; Thence along the west line, north 116.55 feet to the Place of Beginning, containing 1.5 acres more or less.
 
PARCEL III:
 
Located in part of Lot Number seventeen (17) of the DeWolf Tract, Chancery Record 295, Page 5, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, Page 5, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:  Beginning at a point in the centerline of Hamilton Road, (formerly Beecham Road), said point being the southeasterly corner of a 2.5 acre tract conveyed to Karl A. and Mary R. Wedemeyer by deed of record in Deed Book 2147, Page 564, Recorder's Office, Franklin County, Ohio, and being also north, 615.05 feet from a spike at the intersection of said centerline with the centerline of Thompson Road; Thence along the southerly line of said 2.5 acre tract and parallel to the northerly line of the original Walter L. Erlenbach farm, North 89 deg. 08' west 373.88 feet to the northeasterly corner of Parcel One, containing 1.5 acres, as conveyed to Russel W. and Helen Campbell by deed of record in Deed Book 2570, Page 542, Recorder's Office, Franklin County, Ohio; Thence along the easterly lines of parcels one and two owned by Russell W. Campbell and Helen Campbell, south233.1 feet to the southeasterly corner of said Parcel Two; Thence across the said original Walter Erlenbach farm and parallel to the northerly line thereof, South 89 deg. 08' east 373.88 feet to a point in the centerline of said road, north 233.1 feet to the Place of Beginning, containing 2 acres, more or less.
 
Excepting from the above described Parcel Number III the following described real estate:
 
Situated in the State of Ohio, County of Franklin, Blendon Township, being in Lot 17, the DeWolf Tract of record in Chancery Record 295, Page 4, and being part of the David L. Clark and Mary K. Clark tract of record in Deed Book 3664, Page 742, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Commencing at a found Franklin County Engineer's Monument Box at the centerline intersection of Hamilton Road and Thompson Road; Thence along the centerline of  Hamilton Road, north 381.99 feet to a set P.K. Nail at the southeast corner of Parcel 3 conveyed to the Evangelical Friends Church, Eastern Region (Official Records Volume8677, Page C09, said Recorder's Office) and the true Point of Beginning of this description:
 
Thence across said Clark tract and along the south line of said Parcel III, North 89 deg. 08' west, 354.19 feet to a point in the west line of said Clark tract; Thence across said Parcel 3, and along the west line of said Clark tract, north 00 deg. 12'west, 95.80 feet to a found ¾ inch solid iron pin at the northwest corner of said Clark tract, South 89 deg. 21' East, passing a found solid copper bar at 316.19 feet, a total distance of  354.51 feet to a set P.K. Nail in the centerline of said Hamilton Road at the northeast corner of said Clark tract; Thence along the east line of said Clark tract (centerline of said Hamilton Road), south 97.14 feet to the Point of Beginning, containing 0.785 acres.  The basis of bearings is the centerline Hamilton Road assumed north.  Set iron pipes are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579", unless otherwise noted.
 
To Rezone From:  L-RRR, Limited Restricted Rural Residential District,
 
To:  CPD, Commercial Planned Development District.
 
SECTION 2.  That a Height District of Sixty (60) 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, "BETH MESSIAH CPD SITE PLAN," and text being titled, "BETH MESSIAH CPD TEXT," both signed by David S. Beeman, agent for the applicant, both dated August 19, 2004, and the text reading as follows:
 
BETH MESSIAH CPD TEXT
 
PROPOSED DISTRICT:  CPD.
 
PROPERTY ADDRESS:  5327 North Hamilton Road, Columbus, Ohio 43230.
 
OWNER:  Beth Messiah Congregation.
 
APPLICANT:  S E M Partners, Inc. c/o David S. Beeman AIA.
 
DATE OF TEXT:  8/19/04.
 
APPLICATION NUMBER:  Z04-010.
 
1.  INTRODUCTION:  The property is located on the West side of North Hamilton Road, north of Thompson Road.
 
2.  PERMITTED USES/SITE PLAN:        Those uses contained in Sections 3353.01 (C-2, Commercial).  
 
3.  DEVELOPMENT STANDARDS:  Except as otherwise provided in this Text and on the accompanying Site Plan titled " BETH MESSIAH CPD SITE PLAN", dated  August 19, 2004 and signed by David Beeman, Agent for the Applicant, development standards shall comply with the those standards contained in C.C. 3353.03, C-2, Commercial Office Uses.
 
A.  Density, Height, Lot and/or Setback Commitments.
 
1.  A minimum forty (40) foot parking setback and a minimum sixty (60') foot building setback shall be established along North Hamilton Road.
 
2.  Height district shall be sixty feet as measured per Columbus City Code with an absolute height of 45 feet excluding steeple or architectural detail.
 
3.  The permitted maximum site density shall not exceed the ratio of 12,000 gross square feet of building per net acre of site.
 
4.  Building and pavement lot coverage shall not exceed 80% of the parcel except that if a driveway parallel to Hamilton Road is constructed, then said driveway shall not be included in the lot coverage calculation.
 
5.  A minimum twenty (20) foot building and ten (10) foot parking setback shall be established along the entire north property line for the proposed religious facility.  If the site is developed with C-2, Office Commercial uses the building and parking setback from the entire north property line shall be thirty (30) feet.
 
6.  A minimum 40' building and parking setback shall be established along the west property line with the exception that a 30' parking setback shall apply for a cull-de-sac for religious facility use, with headlight screening a minimum of 30"for religious facility usage.
 
7.  A minimum 25' building setback shall be established along the south property line.
 
8.  A minimum 10' landscaped parking setback shall be established along the south property line as shown on the CPD site plan.
 
B.  Access, Loading, Parking and/or Other Traffic Related Commitments.
 
1.  Size, ratio and type of parking and loading shall be regulated by the Columbus City Code under Chapter 3342.
 
2.  Final approval for all curb cuts shall be subject to approval by the Transportation Division prior to issuance of zoning clearance.  A turning lane will be required to be installed in conformance with City requirements should the property be developed as any "C-2" permitted use other than as a religious facility.  
 
3.  A recorded cross-access easement shall be required prior to issuance of zoning clearance to maintain the existing cross-access between the single-family dwelling located on the property to the north and the parking lot of the proposed religious facility or C-2, Commercial use.
C.  Buffering, Landscaping, Open Space and/or Screening Commitments.
 
1.  From the west edge of the proposed North Hamilton Road right-of-way, a forty (40) foot green space corridor shall be established.  Landscaping within the forty (40) foot green space corridor shall resemble an orchard and be based on the following standards:
 
a.  Within the forty (40) foot green space corridor, there shall be a minimum of three (3) foot high continuous uniform earthen mound and a four (4) rail white fence located at the right of way line except for areas of egress and ingress roadways.  The mound shall have a minimum 8:1 slope that will begin at the right-of-way.  The mound will also have a 4:1 maximum slope on the opposite side, which will begin approximately twelve (12) feet from the setback line and have an approximate width of four (4) feet.
 
b.  Two (2) rows of ornamental trees shall be planted within the green space corridor in an orchard fashion at an approximate spacing of fifteen (15) feet on centers both ways.  The first row of trees shall be planted twenty (20) feet from the right-of-way.  Trees may be planted in pairs or staggered.
 
2.  Tree plantings shall be required within site parking and service areas.  The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of  2.5  inch caliper per tree) to total site coverage by buildings and pavement:
 
a.  0 to 20,000 square feet:  6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
 
b.  20,001 to 100,000 square feet:  10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,000 square feet.
 
c.  Over 100,000 square feet:  20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
 
3.  At least 50% of required tree planting shall be integrated within parking or service areas.  Existing trees of 3 inch caliper or greater may offset 2/3 of this requirement.  Maximum possible green space shall be provided to minimize extensive unbroken hard surface area.
 
4.  Minimum tree size shall be no less than 2.5 inches caliper for street and/or shade trees, 5 feet in height for evergreen trees and 1.5 inch caliper for ornamental trees caliper shall be measured 6" from the base of the tree.
 
5.  If landscaping is used to screen a service area, 90% opacity is required for all non-servicing sides and must be protected from service vehicles.  Screening shall be 1 foot above height of structure to be screened but not less than seven (7) feet in height.
 
6.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season whichever occurs first.
 
7.  Landscaped parking lot screening shall be provided along the north property line adjacent to the parking lot and shall be a minimum 30" high.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  A residential appearing roof shall be required, and structures that appear to have flat roofs shall specifically be prohibited.  A residential appearing roof shall be defined as a roof structure with a minimum pitch of 6:12 and a maximum pitch of 12:12.  The height of the roof element shall not be less than 40% of the overall height of the building as measured from finish floor to top of roof.  Once the roof element has reached the 40% level, then the roof may be flattened or depressed so long as the flattened or depressed portion of the roof is not visible form adjacent parking, service areas or roadways.  The sloped roof noted above shall be finished with one of the following materials:  dimensional asphalt shingles, wood shakes or shingles, slate, composite slate, tile, standing metal seam, or copper.
 
2.  A maximum of three building material types (excluding glass) shall be utilized for the exterior of any building including roof material.  Minor accenting of structures through the use of a fourth building material shall be permitted.  Acceptable building material types are to be limited to the following:  stone, manufactured stone, composite wood product horizontal siding, wood shingles, and stucco.
 
3.  Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same material utilized on the building roof or exterior.  Color shall also match the building exterior or roof.  Mechanical and all other equipment on the ground shall be fully screened from view by wall, fence or landscape material utilizing the same material or character of the building.
 
4.  Building illumination shall be permitted provided such light source is concealed.  No colored light shall be used to light the exterior of any building.
 
5.  All buildings shall be finished utilizing the same materials on all sides of the exterior.
 
E.  Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.  
 
1.  All external outdoor lighting shall be cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front 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.  All light poles and standards shall be dark brown, bronze, or black.
 
3.  Light poles in the parking lots shall not exceed 18 feet in height.
 
4.  Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
 
5.  If provided, any accent lighting of landscaping at entries to parking lots and buildings shall be up-lighted by ground mounted concealed fixtures.
 
6.  Dumpsters shall be screened on all four sides to a minimum opacity of ninety percent.
 
7.  All electrical wiring to the site shall be placed underground.
 
F.  Graphics and Signage Commitments.
 
All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code as they apply to the C-2, Commercial District.  Any variance to the sign requirements will be submitted to the Columbus Graphics Commission.
 
G. CPD Requirements:
 
a.  NATURAL ENVIRONMENT:  The site is developed with a religious facility with a natural wooded area to the south.
 
b.  EXISTING LAND USE:  The site is currently zoned L-RRR.
 
c.  TRANSPORTATION AND CIRCULATION:  Access to the site shall remain at the same existing location off Hamilton Road, subject to approval by the City of Columbus Transportation Division.
 
d.  VISUAL FORM OF THE ENVIRONMENT:  See the development standards in the text.
 
e.  VIEW AND VISIBILITY:  In the development of the subject property and in the location of buildings and access points, consideration will be given to the visibility and safety of the motorists and pedestrians.
 
f.  PROPOSED DEVELOPMENT:  Option #1 one, religious facility.  Option #2, as allowed by C-2, Office Commercial Uses.
 
g.  BEHAVIOR PATTERN:  The proposed development will serve the growing residential population adjacent to the Hamilton Road corridor.
 
h.  EMISSIONS:  No adverse emissions should occur from the proposed development.
 
H.  Miscellaneous Commitments.
 
1.  At the time of zoning clearance the applicant shall give to the Department of Recreation and Parks $1,680 as a park fee.
 
2.  Prior to zoning clearance, the property owner shall dedicate to the City of Columbus by general warranty deed sixty (60) feet from the centerline of North Hamilton Road at no cost to the City.
 
3.  The CPD site plan commits only to required building and parking setback lines for North Hamilton Road.  North property line building and parking setbacks shall be applied as described in the accompanying CPD text.  The building footprint, parking spaces and landscaping materials shown on the CPD site plan are for illustrative purposes.  The North Hamilton Road building and parking setbacks depicted on the CPD site plan titled "BETH MESSIAH CPD SITE PLAN," dated August 19, 2004 and signed by David Beeman, Agent for the Applicant, may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development.  Any slight adjustment to the CPD site plan is 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 adjustment.
 
I.  Variances:
 
1.  The number of parking spaces required by C.C.3342.28 is varied from 205 to 190 for a religious facility, a reduction of 7%.  Any office commercial development shall provide parking spaces as normally required per C.C. 3342.
 
2.  Section 3342.17, parking lot screening, which requires that parking lot screening be a minimum of  five (5) feet in height and 75 percent in opacity is varied to permit a continuous 30-inch high hedge to provide headlight screening for the portion of the parking lot that borders property to the north that is zoned in the R, Rural District.
 
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.