Explanation
Rezoning Application Z05-002
APPLICANT: MC-NC, LLC.; c/o Daniel H. Schoedinger; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on April 14, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the CPD, Commercial Planned Development District to eliminate the nonconforming status of various existing improvements and to permit repairs and/or in-kind reconstruction in the event of a fire or other casualty that causes damage exceeding 50% to the extent of 50% or more of the value of said repairs or improvements. The proposed zoning district and land-uses are consistent with the Northland Plan: Volume I and with surrounding development patterns. The text and site plan include development standards for building and parking setbacks, site access, building footprints and materials, landscaping, buffering, lighting, provisions to add trees and pedestrian walkways in conjunction with future improvements or repairs, and variances to address existing nonconforming conditions and an on-site parking reduction.
Title
To rezone 2100 MORSE ROAD (43229), being 22.6± acres located at the northwest corner of Morse Road and Northtowne Boulevard, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z05-002)
Body
WHEREAS, application #Z05-002 is on file with the Building Services Division of the Department of Development requesting rezoning of 22.6± acres from the CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, since the construction of the existing improvements on the subject site, the Columbus City Code has been amended in a number of ways that have caused the improvements to the subject site to become nonconforming, including the addition of the requirements of the Morse Road Regional Commercial Overlay; and
WHEREAS, the purposes of this rezoning are to change the registered CPD plan for the subject site to a plan which is in accordance with the existing development on the subject site and to eliminate the nonconforming status of the improvements, thereby permitting the repair or reconstruction of improvements if any of those improvements is destroyed or damaged to the extent of 50 percent or more of its value, provided that such destruction or damage is caused by fire or other casualty and further provided that such repair or reconstruction is on substantially the same footprints as the existing improvements; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the applicant is requesting the CPD, Commercial Planned Development District to eliminate the nonconforming status of various existing improvements and to permit repairs and/or in-kind reconstruction in the event of a fire or other casualty that causes damage exceeding 50% to the extent of 50% or more of the value of said repairs or improvements. The proposed zoning district and land-uses are consistent with the Northland Plan: Volume I and with surrounding development patterns. The text and site plan include development standards for building and parking setbacks, site access, building footprints and materials, landscaping, buffering, lighting, provisions to add trees and pedestrian walkways in conjunction with future improvements or repairs, and variances to address existing nonconforming conditions and an on-site parking reduction, 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:
2100 MORSE ROAD (43229), being 22.6± acres located at the northwest corner of Morse Road and Northtowne Boulevard, and being more particularly described as follows:
22.575 Acre Tract
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in the Fourth Quarter of Township 2, Range 18, United States Military Lands, and part of the 22.608 Acre tract conveyed to MC-NC, LLC as shown of record in Inst. No. 200405260120588, excepting all of the 0.0327 Acre (Parcel 24WD-2) conveyed to the City of Columbus as shown of record in Inst. No. 200302140046692, all references being to records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pipe found on the westerly line of said 22.608 Acre tract, (being 147 feet northerly at right angles from the centerline of Morse Road), also being on the easterly line of Northland Village East Subdivision's Reserve "D", as said Reserve is shown and delineated upon the recorded plat thereof, of record in Plat Book 38, Page 80, also being the northwesterly corner of a 1.248 Acre tract conveyed to the City of Columbus as shown of record in Deed Book 3641, Page 524;
Thence, along the westerly line of said 22.608 Acre tract, along part of the easterly line of said Reserve "D", North 05 degrees 49 minutes 01 seconds East, 900.25 feet to an iron pipe found at the southwesterly corner of Lot 519 of Northland Park Section 8 Subdivision of record in Plat Book 93, Page 12;
Thence, along the northerly line of said 22.608 Acre tract, along the southerly line of said Northland Park Section 8, South 84 degrees 26 minutes 50 seconds East, 1151.49 feet to an iron pipe found at the southeasterly comer of said Northland Park Section 8, the northeasterly corner of said 22.608 Acre tract, also being on the southerly line of Heatherton Drive (50 feet wide, unimproved);
Thence, along the easterly line of said 22.608 Acre tract, along the southerly line of said Heatherton Drive, South 41 degrees 08 minutes 03 seconds East, 164.82 feet to an iron pipe found at a point of curvature;
Thence, along the easterly line of said 22.608 Acre tract, along the southerly line of said Heatherton Drive and the westerly line of Northtowne Boulevard (60 feet wide - dedicated in Plat Book 38, Page 26), along a curve to the right having a radius of 20 feet, a central angle of 90 degrees 00 minutes 00 seconds, a curve length of 31.42 feet, a chord bearing and distance of South 03 degrees 51 minutes 57 seconds West, 28.28 feet to a drill hole found at a point of reverse curvature;
Thence, along the easterly line of said 22.608 Acre tract, the westerly line of said Northtowne Boulevard, along a curve to the left having a radius of 360 feet, a central angle of 43 degrees 02 minutes 00 seconds, a curve length of 270.39 feet, a chord bearing and distance of South 27 degrees 20 minutes 57 seconds West, 264.08 feet to an iron pipe found at a point of tangency;
Thence, along the easterly line of said 22.608 Acre tract, the westerly line of said Northtowne Boulevard, South 05 degrees 49 minutes 57 seconds West, 210.11 feet to an iron pipe set at the northeasterly corner of said 0.0327 Acre tract;
Thence, across said 22.608 Acre tract, along the westerly line of said 0.0327 Acre tract, South 16 degrees 36 minutes 32 seconds West, 106.97 feet to an iron pipe set;
Thence, across said 22.608 Acre tract, along the westerly line of said 0.0327 Acre tract, South 5 degrees 49 minutes 57 seconds West, 18.74 feet to a mag nail set at the southwest corner of said 0.0327 Acre tract, also being on the northerly line of said 1.248 Acre tract;
Thence, along the southerly line of said 22.608 Acre tract, along part of the northerly line of said 1.248 Acre tract, North 84 degrees 09 minutes 58 seconds West, 466.64 feet to an iron pipe found;
Thence, along an easterly line of said 22.608 Acre tract, a westerly line of said 1.248 Acre tract, South 6 degrees 04 minutes 24 seconds West, 182.18 feet to a point (being referenced
by found mag nails South 6 degrees 04 minutes 24 seconds West, 2.00 feet and South 84 degrees 26 minutes 50 seconds East, 2.00 feet therefrom), said point being 147 feet northerly at right angles from the centerline of said Morse Road;
Thence, along the southerly line of said 22.608 Acre tract, along a northerly line of said 1.248 Acre tract, (being 147 feet northerly of and parallel with the centerline of said Morse Road), North, 84 degrees 26 minutes 50 seconds West, 688.42 feet to the place of beginning CONTAINING 22.575 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". Iron pipes found are all l" diameter, unless otherwise noted. Basis of bearings is the northerly line of Morse Road held as North 84 degrees 26 minutes 50 seconds West as per Deed Book 2973, Page 4.18. The foregoing description was prepared from an actual survey by Myers Surveying Company in March 1996 and May 2004.
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 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, "PLAN FOR NORTHWEST QUADRANT OF MORSE ROAD AND NORTHTOWNE BOULEVARD," signed by Gretchen Jeffries, attorney for the Applicant, and dated November 17, 2005, and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Daniel Schoedinger, attorney for the Applicant, and dated October 4, 2005, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD - Commercial Planned Development
PROPERTY ADDRESS: 2100 Morse Road
OWNER: MC-NC, L.L.C.
APPLICANT: MC-NC, L.L.C.
DATE OF TEXT: October 4, 2005
APPLICATION NUMBER: Z05-002
1. INTRODUCTION: The Subject Site was rezoned, pursuant to Application No. Z77-070, by Ordinance No. 192-78 to CPD, Commercial Planned Development. For reasons that neither the Applicant nor the staff have been able to determine, the Subject Site was developed by a prior owner in a manner which is similar to the registered CPD plan approved as part of the prior rezoning but is not substantially in accordance with that registered CPD plan. Since the construction of the existing improvements on the Subject Site, the Columbus City Code has been amended in a number of ways that have caused the improvements to the Subject Site to become nonconforming, including the addition of the requirements of the Morse Road Regional Commercial Overlay. Except as also provided in the last sentence of this item 1, the purposes of this rezoning are to change the registered CPD plan for the Subject Site to a plan which is in accordance with the existing development on the Subject Site and to eliminate the nonconforming status of the improvements, thereby permitting the repair or reconstruction of improvements if any of those improvements is destroyed or damaged to the extent of 50 percent or more of its value, provided that such destruction or damage is caused by fire or other casualty and further provided that such repair or reconstruction is on substantially the same footprints as the existing improvements. This zoning is expressly subject to the condition that no building which is demolished by the owner may be reconstructed unless that building is demolished because of its destruction, or damage to it to the extent of 50 percent or more of its value, caused by fire or other casualty. However, the conditions in this Text are not intended to, and shall not, prevent the remodeling of the interior or the façade of any building. The site plan entitled "Plan for Northwest Quadrant of Morse Road and Northtowne Blvd." prepared by Myers Surveying Company and bearing a last revision date of March 15, 2005 (the "Site Plan") is adopted and made a part of this rezoning. Anything in this item 1 or elsewhere to the contrary notwithstanding, all or any part or parts of the Subject Site may be redeveloped at any time or times without compliance with the Site Plan or this Text, provided that: (I) each such redevelopment complies with the zoning code in effect at the time of such redevelopment; (II) the variances described in item 6 of the Text shall not be applicable to any such redevelopment; and (III) item 2 of this Text shall apply to any such redevelopment.
2. PERMITTED USES: Those uses permitted in Chapter 3356, Regional Scale Commercial Development and Chapter 3357, Highway Oriented Commercial Development, of the Columbus City Code, except that the following uses shall be prohibited:
gas stations
hotels and motels
hospitals, but not urgent care and similar medical clinic facilities
dwelling units
halfway houses
automobile, truck, motor vehicle, boat and other vehicle sales, leasing or rental
cabarets and nightclubs
pawn brokers
tattoo and/or piercing businesses
billboards
radio, television, or cell phone towers
3. DEVELOPMENT STANDARDS: Development shall occur as indicated in this written text. If not referenced herein, the applicable development standards of Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Commitments
1. Building Setbacks: Although the minimum building setbacks for each Building are set forth below, it is the intention of this Text that the setbacks for each Building will vary across its façade as shown or indicated on the Site Plan, with the minimum setback set forth below being applicable only for the point or points on the façade that are noted on or otherwise indicated by the Site Plan. The minimum building setbacks are as follows:
a. For Building "A" (as designated on the Site Plan):
i. 89.3 feet from the north right of way line of Morse Road (that is the service road on the north side of Morse Road); and
ii. 83.9 feet from the west right of way line of Northtowne Boulevard;
b. For Building "B" (as designated on the Site Plan):
i. 40.1 feet from the west right of way line of Northtowne Boulevard; and
ii. 51.0 feet from the north right of way line of the service road; and
c. For Building "C" (as designated on the Site Plan):
i. 103.2 feet from the north right of way line of Morse Road (that is, the service road on the north side of Morse Road.
2. Parking Setbacks: Although the minimum parking/maneuvering setbacks are set forth below, it is the intention of this Text that parking/maneuvering setbacks will vary across the frontage of a property as shown or indicated on the Site Plan, with the minimum setback set forth below being applicable only for the point or points along the frontage that are noted on or otherwise indicated by the Site Plan. Those minimum parking/maneuvering setbacks are as follows:
a. 13.1 feet from the north right of way line of Morse Road (that is, the service road on the north side of Morse Road);
b. 11 feet from the west right of way line of the north-south leg of the service road;
c. 10.5 feet from the north right of way line of the east-west leg of the service road between the north-south leg and Northtowne Boulevard; and
d. 0 feet from the west right of way line of Northtowne Boulevard.
3. There shall be a maximum height limit of 35 feet as measured per Columbus City Code.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. Curb cut locations shall be as shown on the Site Plan.
2. The parking spaces and loading spaces requirements for this development shall be per the requirements of Chapter 3342 of the Columbus City Code, except as follows:
a. Initially, the required number of parking spaces shall be 30 less than the number of parking spaces required by Chapter 3342 of the Columbus City Code (attached hereto for reference purposes only is a current tenant table setting forth the Code required number of parking spaces in accordance with the existing tenants at the time of this CPD Text); and
b. Each time that trees must be added within the parking lot pursuant to item 3.C.2 of this Text, the number of required parking spaces will be reduced by one additional parking space for every two trees that must be added to the parking lot.
c. Each time that a pedestrian walkway is added within the parking lot pursuant to item 3.B.3 of this Text, the number of required parking spaces will be reduced by one parking space for each parking space lost in providing that pedestrian walkway.
3. Initially, no pedestrian walkways will be required pursuant to Sections 3372.910B and C. At such time as any Building is destroyed or damaged to the extent of 50 percent or more of its value, pedestrian walkways to that Building, or the portion so damaged, as applicable, shall be installed pursuant to Sections 3372.910B and C, except that walkways through the parking lot may consist of striped portions of parking lot pavement.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The minimum required buffering and landscaping shall be the buffering and landscaping shown on the Site Plan including, without limitation, the fence to be added along a portion of the north property line at the northwest corner of the Subject Site, as shown on the Site Plan.
2. If any Building is destroyed or damaged to the extent of 50 percent or more of its value, then, upon the repair or reconstruction of such damage or destruction, one tree shall be installed in the parking lot for every 20 parking spaces required by code for the space in that Building which is so repaired or reconstructed.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. If any Building is damaged or destroyed, then, subject to the limitation in item 1 of this Text, the repair or reconstruction thereof must be upon substantially the same footprint as the Building that was damaged or destroyed, and the exterior materials used in the repair or reconstruction must be of at least the same quality as the exterior materials on the existing Building. If a portion of a Building is repaired or reconstructed, its exterior appearance after the repair or reconstruction must be compatible with the exterior appearance of the remainder of that Building. The exterior building materials and exterior appearances of the existing Buildings on the subject property are as shown in the pictures on file with this Application and marked as Exhibits A1-A11, B1-B4, and C1-C4, each of which bears the application number of this Application and the Building letter designation of the Building pictured on it.
E. Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental Commitments
1. All dumpsters will be screened in accordance with the requirements of the Columbus City Code, except that screening for the dumpsters located on the north and west sides of Building "A" shall not be required, except as provided in the next two sentences. If Building "A" is damaged to the extent of 50 percent or more of its value, then all dumpsters serving the damaged portion of that Building shall be screened in accordance with the requirements of the Columbus City Code. If Building "A" is destroyed, then all dumpsters serving that Building shall be screened in accordance with the requirements of the Columbus City Code.
2. The dumpster enclosure for the dumpster serving Building "C" shall be replaced with a dumpster enclosure satisfying the requirements of Section 3349.17.
3. Existing parking lot lighting may remain. However, any parking lot lighting fixtures or poles which are replaced, whether voluntarily by the property owner or as a result of a casualty damage or destruction, shall be replaced with cut-off (downlighting) fixtures mounted not more than 28 feet above the surrounding surface of the ground.
F. Graphics and Signage Commitments
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the appropriate zoning district. Any variance to the sign requirements shall be submitted to the Columbus Graphic Commission.
4. DEVELOPMENT PLAN: Subject to the limitations in item 1 of this Text and subject to the exception in the last sentence of item 1 of this Text, the Subject Site shall be developed in accordance with the Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any such adjustment to the Site Plan shall be subject to review and approval by the Director of the Development Department or his designee upon submission of the appropriate data regarding the proposed adjustment. In addition, parking spaces may be added and parking areas may be restriped so long as the number of parking spaces is not reduced below the number required by this Text.
5. CPD Criteria:
a. Natural Environment
The Subject Site is developed substantially in accordance with the Site Plan.
b. Existing Land Uses
The property at the southeast corner of the Subject Site, across the service road, is developed with three commercial outparcels (a Wendy's, a Mark Pi's Express and a Jiffy Lube). The properties to the east (across Northtowne Boulevard) and the south (across Morse Road) of the Subject Site are developed with a variety of commercial uses. The property to the north of the Subject Site is developed with what appears to be a vacant office building and single family residential, most of which is buffered by an open space reserve containing a very high earthen mound. The remainder of that residential is to be buffered by the addition of the fence shown on the Site Plan at the northwest corner of the Subject Site. The properties to the west of the Subject Site are developed with commercial uses on the Morse Road frontage with offices behind.
The site has access to Northtowne Boulevard and the service road fronting Morse Road.
d. Visual form the development
The Subject Site is developed as shown on the Site Plan with 1-story commercial buildings.
e. View and Visibility
All of the site access points for the Subject Site have adequate visibility for pedestrian and vehicular safety.
f. Proposed Development
No change from the existing development of the subject property is planned.
g. Emissions
No adverse affects from emissions shall result from the proposed development.
h. Behavior Patterns
Because this rezoning does not change the existing development of the Subject Site, the behavior patterns are expected to be the same as existing behavior patters patterns, and the Subject Site will continue to serve the commercial and restaurant needs of the area.
6. VARIANCES:
A. Variance from Section 3356.11 to reduce the building setbacks as described in Item 3.A.1 of this Text.
B. Variance from Sections 3342.18 and 3372.909 to reduce the parking/maneuvering setbacks as described in Item 3.A.2 of this Text.
C. Variance from Section 3342.28 to reduce the required number of off-street parking spaces as described in Item 3.B.2 of this Text.
D. Variance from Sections 3342.11 and 3372.912 to reduce the required parking lot landscaping to the landscaping required by Items 3.C.1 and 2 of this Text.
E. Variance from Section 3372.909D to permit the parking and circulation in front of the Buildings substantially in accordance with the Site Plan.
F. Variance from Section 3372.910 to allow all existing curb cuts substantially as shown on the Site Plan.
G. Variance from Sections 3372.910B and C to eliminate required pedestrian walkways. However, if any Building is damaged to the extent of 50 percent or more of its value or is destroyed, then this variance shall automatically be modified to be a variance from Sections 3372.910B and C to permit required pedestrian walkways to that Building, or the portion so destroyed, as applicable, to consist of striped portions of parking lot pavement.
H. Variance from Section 3372.914 to permit existing parking lot lighting to remain, subject to the limitation set forth in Item 3.E.3 of this Text.
I. Variance from Section 3372.970 to permit development of the property substantially in accordance with the Site Plan without adherence to the standards and requirements of the Morse Road Design Study.
J. Variance from Section 3342.17 to eliminate the parking lot screening requirements along the north of the Subject Site, except where the fence is shown in the northwest corner of the subject property.
K. Variance from Section 3342.09 to eliminate the requirement that dumpsters located on the north and west sides of Building "A" be screened, subject to the limitation of Item 3.E.1 of this Text.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.