Explanation
Rezoning Application Z06-014
APPLICANT: Uha Corporation, LLC.; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Disapproval (4-0) on April 13, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed CPD, Commercial Planned Development District will permit commercial development with most C-4 uses. The request establishes appropriate use restrictions and development standards. The proposal is consistent with the zoning and development patterns of the area. The Northland Plan, Volume I recommends that the frequency of curb cuts be limited along major corridors. The applicant is limited to right out only access to Morse Road.
Title
To rezone 4038 MORSE ROAD (43219), being 0.9± acres located on the north side of Morse Road, 315± feet east of Stelzer Road, From: R, Rural District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-014)
Body
WHEREAS, application #Z06-014 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.9± acres from R, Rural District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends disapproval 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, subsequent to the April Development Commission meeting, the applicant resolved the outstanding access issues but did not request reconsideration before the Development Commission; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposal is consistent with the zoning and development patterns of the area. . The proposed CPD, Commercial Planned Development District will permit commercial development with most C-4 uses. The request establishes appropriate use restrictions and development standards. The Northland Plan, Volume I recommends that the frequency of curb cuts be limited along major corridors. The applicant is limited to right out only access to Morse Road, 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:
4038 MORSE ROAD (43219), being 0.9± acres located on the north side of Morse Road, 315± feet east of Stelzer Road, and being more particularly described as follows:
Exhibit A
Situated in the State of Ohio, County of Franklin, Township of Blendon, Section 3, Township 2, Range 17, United States Military Lands and being all of the 0.483 Acre tract conveyed to Sun Oil Company of record in Deed Book 3048, Page 492 and part of the 1.130 Acre tract conveyed to Sun Oil Company of record in Deed Book 2602, Page 522, said deed records on file in the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning at a set iron pipe at the intersection of the westerly line of Service Road "7A" with the northerly line of Morse Road as said intersection is shown on sheets 23 and 25 of Right-of-Way plan FRA-270-22.99 N, on file with the Ohio Department of Transportation, said iron pipe being also a corner of the State of Ohio, 0.704 Acre tract (Parcel 139 AWD) of record in Deed Book 3071, Page 515, said Recorder's Office;
Thence along the northerly line of said 0.703 Acre tract (the northerly line of said Morse Road) and along the southerly line of said 0.483 Acre tract, South 89 degrees 54 minutes 50 seconds West, 175.34 feet to a found iron pipe at the southwest corner of said 0.483 Acre tract and the southeast corner of The Standard Oil Company 0.596 Acre tract of record in Deed Book 3077, Page 565;
Thence along the east line of said 0.696 Acre tract (west line of said 0.483 Acre tract), North 01 degree 07 minutes 30 seconds East, 224.72 feet to a found iron pipe at the corner of the T.W. & J.R. Parke tract of record in Deed Book 1855, Page 441;
Thence along the northerly line of said 0.483 Acre tract (a southerly line of said Parke tract, North 89 degrees 54 minutes 50 seconds East, 175.34 feet to a found iron pipe at the northeast corner of said 0.483 Acre tract and in the westerly line of said Service Road (being Parcel 135 WD-1, 0.592 Acres of record in Deed Book 2961, Page 639, said Recorder's Office);
Thence along the westerly line of said Service Road (the westerly line of said State of Ohio 0.592 Acres and 0.704 Acre tract) and an easterly line of said 0.483 Acre tract, South 01 degree 07 minutes 30 seconds East, 224.72 feet to the place of beginning, CONTAINING 0.904 ACRES, subject to all legal highways and easements of record and records in the respective utility offices. The foregoing description was prepared from the survey of the premises by the undersigned in May, 1985. Basis of bearings is from Deed Book 3048, Page 492. Set iron pipes are 30" x 1" O.D. with orange plastic plug.
To Rezone From: R, Rural 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, "IDG JEWELERS," signed by Jeffrey L. Brown, attorney for the Applicant, and dated May 18, 2006; and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Jeffrey L. Brown, attorney for the Applicant, and dated May 17, 2006, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
EXISTING DISTRICT: R, Rural
PROPERTY ADDRESS: 4038 Morse Road
OWNER: Uha Corporation, LLC
APPLICANT: Uha Corporation, LLC
DATE OF TEXT: 5/17/06
APPLICATION NUMBER: Z06 -014
1. INTRODUCTION: The site is at the northwest corner of the intersection of Morse Road and Transit Drive. The site is currently a vacant gasoline station and convenience store. The proposed text contains appropriate development standards for the subject property.
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
Motor bus terminal
Motion picture theater
Nightclub
Off premises graphics (unless approved as part of a graphics plan)
Pawn shop
Poolroom
Private club
Tattoo parlor
Testing or experimental laboratory
Trade school
3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following text, 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. The minimum building setback shall be 80 feet from Morse Road and 25 feet from Transit Drive. The minimum parking setback shall be 30 feet from Morse Road and 10 feet from Transit Drive.
2. For structures and paved areas lot coverage shall not exceed 80%.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. All circulation, curb cuts and access points shall be subject to the approval of the City's Transportation Division. The curbcut to Morse Road shall be right-in only unless otherwise approved by the City's Transportation Division.
2. Major driving aisles and curb lanes shall be defined with raised-curb island dividers or medians. Raised areas shall be planted and maintained with trees and other landscaping to increase visibility of the island or divider as outlined below.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. A tree row shall be established along Morse Road and Transit Drive containing one tree spaced every 30' along roadway. Trees shall be planted approximately 1' from road right-of-way and shall have a minimum caliper of 3" at the time of planting.
2. The parking setback along Morse Road or Transit Drive shall be screened from adjacent public right-of-way with a 3-4' average height continuous planting hedge, earth mound, or any combination thereof.
3. One tree shall be planted for every 10 parking spaces. Trees shall be planted in islands or medians at least 5 feet wide.
4. Mounding shall have a slope of at least 3 to 1 width to height ratio.
5. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
6. All trees meet the following minimum sizes at the time of planting: Shade trees 2 1/2 caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
D. Building design and/or Interior-Exterior treatment commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. The building shall be finished with EFIS, limestone, brick and tinted glass individually or in any combination thereof. No exposed concrete block shall appear on the exterior elevations.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Light poles shall not exceed 28 feet in height and shall be cut-off type fixtures.
2. For aesthetic compatibility, lights shall be from the same or similar type and color.
3. In parking lots, lighting shall be placed in raised islands or medians to protect both lights and vehicles from damage.
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. At the time of development the developer shall install a sidewalk along its Morse Road and Transit Drive frontages.
2. At the time of submission for zoning clearance the developer shall pay a park fee of $400 per acre to the City of Columbus.
3. CPD Criteria
NATURAL ENVIRONMENT
The site is located at the northwest corner of Morse Road and Transit Drive and is currently vacant gasoline station and convenience store.
EXISTING LAND USE
To the west is a BP Station and Walmart, to the north is a hotel and undeveloped commercial ground; to the east across Transit Drive is commercial development; to the south across Morse Road is additional commercial development.
TRANSPORTATION AND CIRCULATION
All circulation, curb cuts and access points shall be subject to the approval of the Division of Traffic, Engineering and Parking.
VISUAL FORM OF THE ENVIRONMENT
The developer shall determine the building materials at the time of development.
VIEW AND VISIBILITY
The development text addresses issues of landscaping and pedestrian access.
PROPOSED DEVELOPMENT
Retail development providing an aesthetic improvement to the existing condition of the property.
EMISSIONS
No adverse affect from emissions should result from the proposed development.
BEHAVIOR PATTERNS
Existing development has established vehicular and pedestrian behavior patterns in this area.
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.