Explanation
Rezoning Application Z03-123
APPLICANT: H.H. Gregg Appliances; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Retail commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 13, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District is consistent with established zoning and development patterns of the area. The applicant has ensured that the site plan complies with the Regional Commercial Overlay standards and has designed the site to be sensitive to Alum Creek by granting a conservation easement for the site within 120 feet of the eastern floodway boundary.
Title
To rezone 4833 SUNBURY ROAD (43219), being 5.45± acres located at the northwest corner of Morse and Sunbury Roads, From: R, Rural District, To: CPD, Commercial Planned Development District. (Rezoning # Z03-123)
Body
WHEREAS, application #Z03-123 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.45± acres from R, Rural 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 is consistent with established zoning and development patterns of the area. The applicant has ensured that the site plan complies with the Regional Commercial Overlay and has designed the site to be sensitive to Alum Creek, 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:
4833 SUNBURY ROAD (43219), being 5.45± acres located at the northwest intersection of Morse and Sunbury Roads, and being more particularly described as follows:
5.446 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus and located in Lot 10, Quarter Township 3, Township 2 Range 17, United States Military Lands and being the remainder of that tract of land conveyed to City National Bank by deed of record in Deed Book 3556, Page 87 (1/2 interest) and Claudia H. Lauer by deed of record in Instrument Number 200011010221144, all references being to records of the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows.
Beginning for reference at Franklin County Engineer's monument number 5252, said monument bears South 86° 10' 00" East, a distance of 54.03 feet from Franklin County Engineer's monument number 5253;
Thence North 86° 12' 51" West, with the centerline of Morse Road, a distance of 435.90 feet to a point;
Thence North 6° 06' 09" East, leaving said centerline, a distance of 80.07 feet to a drill hole set in a rock in the northerly right-of-way line of Morse Road and in the easterly line of that tract conveyed to City of Columbus by deed of record in Deed Book 3386, Page 395, also being the northwesterly corner of that 43.281 acres tract conveyed to the City of Columbus by deed of record in Official Record 29748D01, said drill hole being the TRUE POINT OF BEGINNING for the tract herein intended to be described;
Thence North 6° 06' 09" East, with the easterly line of the City of Columbus tract of record in Deed Book 3386, Page 395, the same being the westerly line of the said City National Bank and Claudia H. Lauer tract, a distance of 427.45 feet to a point in Alum Creek;
Thence South 86° 13' 44" East, with a southerly line of the said City of Columbus tract, the same being a northerly line of the said City National Bank and Claudia H. Lauer tract, a distance of 10.24 feet to a point in Alum Creek and the southwesterly corner of that tract conveyed to Eugene Y. and Polly S. Paul tract by deed of record in Official Record 12298C02;
Thence South 86° 12' 50" East, with the southerly line of the said Paul tract, also being the northerly line of the said City National Bank and Claudia H. Lauer tract, (passing 2.24 feet south of an iron pin at 66.21 feet and 0.65 feet south of an iron pin at 74.68 feet) a distance of 726.50 feet to a an iron pin found in the westerly right-of-way line of Sunbury Road at the northwesterly corner of that 0.153 acre tract conveyed to the City of Columbus by deed of record in Official Record 29748D01, also being the southwesterly corner of that 0.038 acres tract conveyed to the City of Columbus by deed of record in Official Record 30577D09;
Thence South 45° 25' 18" West, with the westerly right-of-way line of Sunbury Road and the westerly line of the said 0.153 acre tract conveyed to the City of Columbus, a distance of 296.19 feet to an iron pipe set at an angle point in said right-of-way;
Thence South 45° 16' 12" West, continuing along the said right-of-way and said 0.0153acres City of Columbus tract, a distance of 208.21 feet to an iron pipe set at the southerly corner of said City of Columbus tract and at an angle point in said right-of-way:
Thence South 50° 16' 28" West, continuing along said right-of-way, a distance of 72.27 feet to an iron pipe set in the northerly right-of-way line of Morse Road and at the northeasterly corner of that 0.083 acre tract conveyed to City of Columbus by deed of record in Official Record 29748D01;
Thence North 86°12' 51" West, with the northerly right-of-way line of Morse Road, a distance of 366.90 feet to the TRUE POINT OF BEGINNING containing 5.445 acres of land more or less.
Subject to all legal rights-of-way, easements and restrictions of record, if any.
The bearing cited in this description are based on the Ohio State Plane Coordinate system as per NAD 83, were established using GPS equipment and procedures and originated from monuments Hoover and Hoover Azimuth which have a bearing between them of North 86° 13' 34" East.
All iron pipes set are ¾" with a yellow plastic cap inscribed Rii.
To Rezone From: R, Rural District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of thirty-five (35)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 plans being titled, "HH GREGG SD 1" dated July 7, 2004 and "HH GREGG ELE1", dated June 23, 2004 and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT", dated June 24, 2004, all signed by Jeffrey L. Brown, attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
DEVELOPMENT PLAN
PROPOSED DISTRICT: CPD, Commercial Planned Development
EXISTING DISTRICT: R, Rural
PROPERTY ADDRESS: 4899 Sunbury Road
OWNER: City National Bank et al.
APPLICANT: H.H. Gregg
DATE OF TEXT: 6/24/04
APPLICATION NUMBER: Z03-123
1. INTRODUCTION: The site is at the northwest corner of Morse Road and Sunbury Road.
2. PERMITTED USES: Those uses permitted in Chapter 3356 of Columbus City Code (C-4, Commercial) except for the following uses:
Automobile sales, new and used
Billboards
Bowling alley
Business college
Cabaret
Check Cashing facility or store
Commercial radio transmitting or television station and appurtenances including cellular towers
Dance hall
Electric substation
Funeral parlor
Hotel
Motel
Motor bus terminal
Motion picture theater
Nightclub
Off premises graphics
Pawn shop
Poolroom
Private club
Tattoo Parlor
Testing or experimental laboratory
Trade school
3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code (C-4, Commercial District).
A. Density, Height, Lot and/or Setback commitments.
1. For structures and paved areas lot coverage shall not exceed 75%.
2. The absolute height of the building(s) shall be 50'.
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 install a left turn lane from Sunbury Road, an extension of the existing right turn lane from Sunbury Road and a right turn lane on Morse Road into the site.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. The frontage along Morse and Sunbury Road shall be landscaped in accordance with the submitted site plan.
2. One tree shall be planted for every 10 parking spaces. Trees shall be planted in islands or medians at least 5 feet wide.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months.
4. All trees meet the following minimum size at the time of planting:
Shade trees 2 1/2" caliper
Ornamental trees 1 1/2" caliper
Evergreen trees 5 feet in height
5. The developer shall comply with the parkland dedication ordinance by donating $400/acre to the City's Recreation and Parks Department.
6. The developer shall grant a conservation easement to the City along Alum Creek subject to crossing that area for utilities. This easement area is identified as the watercourse protection setback on the site plan.
7. The developer shall install a row of 5 foot evergreens twenty feet on center along the north property line in the open areas.
D. Building design and/or Interior-Exterior treatment commitments.
1. Mechanical equipment or other utility hardware on the roof of a building shall be screened to the height of the equipment.
2. The building shall be constructed in general accordance with the building elevations. The building elevations may be slightly adjusted to reflect engineering, architectural, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the building elevations shall be reviewed and may be approved by the Director of the Department Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external outdoor lighting including any wall packs shall be cut-off fixtures (down lighting) and shall be designed and placed to prevent spillage of light off the site and to prevent glare visible from the property lines.
2. Except for decorative lighting, all other light poles shall be metal and such light poles shall be of the same color. Light poles in the parking lots shall not exceed 20 feet in height.
3. Dumpsters shall be screened on three sides with a fence, wall or landscaping to a height of six feet with a gate on the fourth side.
4. Wiring within a development shall be underground.
F. Graphics and Signage commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous commitments.
1. The Subject Site shall be developed in general 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 slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. Delivery trucks shall be restricted to the hours of 8 a.m. to 9 p.m.
3. CPD Criteria
a. Natural Environment: The site is located on the north side of Morse Road between Alum Creek and Sunbury Road.
b. Existing Land Use: The site is undeveloped except for a billboard.
c. Transportation and Circulation: Access to the site shall be from Morse and Sunbury Roads.
d. Visual form of the Environment: See submitted building elevations.
e. View and Visibility: In the development of the subject site and in the location of buildings and access points, consideration has been given to the visibility and safety of the motorists and pedestrian.
f. Proposed Development: Commercial.
g. Behavior Patterns: The proposed development will serve the residents along the Morse Road corridor as well as from the Easton area.
3. Variance: To reduce the number of parking spaces from 128 to 119.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.