Explanation
Rezoning Application Z13-030
APPLICANT: Jupiter Ohio Inc.; c/o Jeffrey L. Brown, Atty.; Smith and Hale LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 9, 2013.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a jewelry store zoned in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District will permit a wider range of commercial uses on a site that is currently limited to only four uses on a major commercial thoroughfare. The CPD text includes appropriate use restrictions, setbacks, landscaping, and graphics controls which will ensure compatibility with the surrounding development.
Title
To rezone 5061 TUTTLE CROSSING BOULEVARD (43017), being 1.4± acres located at the southeast corner of Tuttle Crossing Boulevard and Blazer Parkway, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning # Z13-030).
Body
WHEREAS, application #Z13-030 is on file with the Department of Building and Zoning Services requesting rezoning of 1.4± acres from CPD, Commercial Planned Development 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 the established development pattern and will permit a range of commercial uses on a site that is limited to only four uses on a major commercial thoroughfare; 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:
5061 TUTTLE CROSSING BOULEVARD (43017), being 1.4± acres located at the southeast corner of Tuttle Crossing Boulevard and Blazer Parkway, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and Virginia Military Survey No. 2418 and being part of Lot 3, part of Reserve B, and part of Reserve E of TUTTLE CROSSING SOUTHEAST as the same is numbered and delineated on the recorded plat thereof recorded in Plat Book 71, Pages 35 & 36, Franklin County Recorder's Office, and described as follows:
Beginning at a P.K. nail found at the northeast corner of said Lot 3 and the northwest corner of Lot 2 of said TUTTLE CROSSING SOUTHEAST, said corner being on the southerly right-of-way line of Tuttle Crossing Boulevard;
Thence South 10 deg. 35' 36" East, along the easterly line of said Lot 3 and the westerly line of said Lot 2 and across said Reserve B, a distance of 330.67 feet to an iron pin capped "Bird and Bull" found;
Thence South 65 deg. 33' 07" West, across said Reserve B, a distance of 105.20 feet, to an iron pin set on the southerly line of said Lot 3 and the northerly line of said Reserve B;
Thence South 83 deg. 57' 08" West, across said Lot 3, a distance of 63.36 feet to an iron pin capped "Bird and Bull" found at a point of curvature;
Thence continuing across said Lot 3, along the arc of a curve to the right, having a radius of 42.00 feet, a central angle of 98 deg. 47' 42", an arc distance of 72.42 feet, a chord bearing of North 46 deg. 39' 32" West, and a chord distance of 63.78 feet to an iron pin capped "Bird and Bull" found at a point of tangency;
Thence North 2 deg. 44' 19" East, continuing across said Lot 3 a distance of 71.70 feet to an iron pin found at a point of curvature on the westerly line of said Lot 3;
Thence along the westerly line of said Lot 3 and the easterly right-of-way line of Blazer Parkway on the arc of a curve to the left, having a radius of 345.00 feet, a central angle of 13 deg. 19' 36", an arc distance of 80.26 feet, a chord bearing of North 03 deg. 55' 28" West, and a chord distance of 80.06 feet to an iron pin set at the point of tangency;
Thence North 10 deg. 35' 16" West, along the westerly line of said Lot 3 and the easterly right-of-way line of Blazer Parkway a distance of 55.00 feet to an iron pin set on the northerly line of said Lot 3 and the southerly line of Reserve E;
Thence North 79 deg. 24' 44" East, along the northerly line of said Lot 3 and the southerly line of said Reserve E, a distance of 20.00 feet to an iron pin capped "Bird and Bull" found;
Thence North 10 deg. 35' 16" West, across said Reserve E, a distance of 22.58 feet to an iron pin capped "Bird and Bull" found;
Thence North 34 deg. 24' 44" East, continuing across said Reserve E, a distance of 60.00 feet to an iron pin set;
Thence North 79 deg. 24' 44" East, continuing across said Reserve E, a distance of 27.53 feet to a magnetic nail found on a point on a curve, said curve being the westerly line of said Lot 3 and the easterly line of said Reserve E;
Thence along the west line of said Lot 3 and the east line of said Reserve E, on the arc of the non-tangent curve to the left, having a radius of 67.50 feet, a central angle of 2 deg. 07' 21", an arc distance of 2.50 feet, a chord bearing of North 9 deg. 31' 06" West, and a chord distance of 2.50 feet to a magnetic nail set;
Thence North 10 deg. 35' 16" West, along the westerly line of said Lot 3 and the easterly line of said Reserve E, a distance of 27.50 feet to an iron pin set at the northwest corner of said Lot 3 and the northeast corner of said Reserve E, said pin being on the southerly right-of-way line of Tuttle Crossing Boulevard;
Thence North 79 deg. 24' 44" East, along the northerly line of said Lot 3 and the southerly right-of-way line of said Tuttle Crossing Boulevard, a distance of 87.00 feet to the point of beginning and containing 59,067 square feet or 1.356 acres of land more or less.
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "SETBACK EXHIBIT," and text titled, "CPD TEXT," both signed by Jeffrey L. Brown, Attorney for the Applicant, dated June 18, 2013, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICTS: CPD, Commercial Planned Development
PROPERTY ADDRESS: 5061 Tuttle Crossing Boulevard
OWNER: Jupiter Ohio, Inc.
APPLICANT: Jupiter Ohio, Inc.
DATE OF TEXT: June 18, 2013
APPLICATION: Z13-030
1. INTRODUCTION: The property is an outlot in front of Tuttle Mall. In 2000 a zoning amendment was approved which added a jewelry store to the list of permitted commercial uses. Now the applicant would like to further expand the permitted commercial uses for the site.
2. PERMITTED USES: These uses permitted in Chapter 3365 3356 C-4, Commercial of the Columbus City Code with the following exclusions: automobile and light truck dealers, automotive sales, leasing and rentals; motorcycle, boat and other motor vehicle dealers; truck utility trailer and RV (Recreational Vehicles) sales, rental and leasing; billboards.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text or site plan, the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code
Density, Height, Lot and/or Setback Requirements
1. The building setback from Tuttle Crossing Boulevard and the service road west of the site shall be 50 feet of the site.
2. The building setback from the service road south of the site shall be 25 feet.
3. The parking and maneuvering setback from Tuttle Crossing Boulevard, and the service roads west and south of the site shall be 25 feet.
Access, Loading, Parking and/or Traffic Related Commitments
N/A
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. Within the setback area along Tuttle Crossing Blvd. and the service road to west of the site, a 3 foot average height continuous planting hedge, fence, wall, earth, mound or combination thereof shall be installed as well on one tree per 40 feet of frontage or fraction thereof. Trees do not have to be equally spaced, but may be grouped.
2. All loading docks which are visible from either Tuttle Crossing Blvd. or the service road to the west of the site shall be screened to a height of ten (10) feet with either mounding, plantings, fence, wall or a combination thereof. Plant material shall be a combination of deciduous and evergreen trees and shall have a winter opacity of at least 50% and a summer opacity of at least 70%.
D. Building Design and/or Interior-Exterior Treatment Commitments
N/A
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside a permitted structure.
F. Graphics and Signage Commitments
1. Graphics shall be in conformance with Article 15 of the Columbus City Code, as it applies to C-4, Commercial District. Any variance to the sign requirements as they apply to C-4, Commercial District, shall be submitted to the Columbus Graphics Commission.
2. No high rise sign shall be permitted.
3. The height of any free-standing graphic shall not exceed twenty (20) feet.
G. Miscellaneous
1. The developer shall provide bicycle parking on the site and pedestrian access from the public sidewalk along Tuttle Crossing Boulevard to the building.
2. The subject site shall be developed in general conformance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or a designee upon submission of the appropriate data regarding the proposed adjustment.
3. CPD Criteria.
a. Natural Environment
The site is developed with a retail building and parking.
b. Existing Land Uses
The property is surrounded by commercial uses.
c. Transportation and Circulation
The access points have already been established by the existing development in the area.
d. View and Visibility
The view corridors to this site have already been established by the existing development in the area.
e. Behavior Patterns
The behavior patterns for both the motorist and the pedestrian have been established by the existing development in the area.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.