Explanation
REZONING APPLICATION: Z03-061
APPLICANT: Faith Christian Center; c/o David L. Hodge, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Mixed-use commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-2) on October 9, 2003.
CITY DEPARTMENTS' RECOMMENDATION: The proposed mixed-use commercial recreational facility is compatible with adjacent multi-family, commercial and institutional uses and the CPD plan requires the applicant to locate the facility in the southeast quadrant of the site, away from single-family uses located to the northwest. Development standards in the CPD text prohibit outdoor activities such as festivals or concerts, require a "Do Not Disturb Zone" to preserve the existing trees along the west property line, mounding and evergreen planting to provide buffering and screening, and a 5' high chain link fence along the perimeter 5' high chain link fence along the perimeter 6' high board on board fence along the north and west perimeter of the parking lot to discourage pedestrian access from the north in consideration of the single-family uses located to the northwest. Additional development standards address site access, including a 4' wide sidewalk from Transit Drive to the building entrance, maximum building height, building materials, a gate to limit site access after business hours (10:00 a.m. to 11:00 p.m. seven days a week), lighting and graphics restrictions, and a variance to reduce the number of required parking spaces from 250 to 200 spaces.
Title
To rezone 4040 MORSE ROAD (43230), being 14.37± acres located at the northeast corner of Transit Drive and Service Road 7A, 650± feet north of Morse Road, From: R-1, Residential, and I, Institutional Districts, To: CPD, Commercial Planned Development District (Z03-061).
Body
WHEREAS, application #Z03-061 is on file with the Building Services Division of the Department of Development requesting rezoning of 14.37± acres, from R-1, Residential, and I, Institutional Districts, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed mixed-use commercial recreational facility is compatible with adjacent multi-family, commercial and institutional uses and the CPD plan requires the applicant to locate the facility in the southeast quadrant of the site, away from single-family uses located to the northwest. Development standards in the CPD text prohibit outdoor activities such as festivals or concerts, require a "Do Not Disturb Zone" to preserve the existing trees along the west property line, mounding and evergreen planting to provide buffering and screening, and a 5' high chain link fence along the perimeter of 5' high chain link fence along the perimeter of 6' high board on board fence along the north and west perimeter the parking lot to discourage pedestrian access from the north in consideration of the single-family uses located to the northwest. Additional development standards address site access, including a 4' wide sidewalk from Transit Drive to the building entrance, maximum building height, building materials, a gate to limit site access after business hours (10:00 a.m. to 11:00 p.m. seven days a week), lighting and graphics restrictions, and a variance to reduce the number of required parking spaces from 250 to 200 spaces; 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 4040 MORSE ROAD (43230), being 14.37± acres located at the northeast corner of Transit Drive and Service Road 7A, 650± feet north of Morse Road, and being more particularly described as follows:
LEGAL ONE: DESCRIPTION OF 13.530± ACRES for COLUMBUS SOUTHERN POWER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 4, Township 2 N, Range 17 W of the United States Military Lands; also being part of the same lands conveyed to Columbus and Southern Ohio Electric Company as recorded in Deed Book 2550, page 577, all references contained herein are to Franklin County Recorder's records, Franklin County, Ohio, being shown on Exhibit "B" attached hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning at a 5/8 inch Iron Pin and Cap found 200 feet right of Interstate 270 Centerline Station 1337+38.35, said centerline being shown on FRA-270-22.99N plans and being filed in Book 41, page 14, said Iron Pin and Cap also being the northeasterly corner of a 5.519 acre tract of land conveyed to D&K Limited, as recorded in Instrument Number 200144020253979;
thence, N 86° 09' 57" W, 134.12 feet with the northerly line of said D&K Limited lands to a ½ inch Iron Pin found on the northwesterly corner of said D&K Limited lands, and on the northeasterly corner of a 4.017 acre tract of land conveyed to Columbus and Southern Ohio Electric Company as recorded in Deed Volume 1811, page 482;
thence, N 86° 12' 37" W, 350.19 feet with the northerly line of said 4.017 acre Columbus and Southern Ohio Electric Company lands, to a ¾ inch I.D.I.P. found on the northwesterly corner of said 4.017 acre tract and the northeasterly corner of a 3.02 acre tract of land (Parcel 1) conveyed to Columbus and Southern Ohio Electric Company, as recorded in Deed Volume 1811, page 478;
thence, N 85° 42' 19" W, 149.93 feet running with the northerly line of said Columbus and Southern Ohio Electric Company Parcel 1 to a 5/8 inch Iron Pin found on the northwesterly corner of said Parcel 1 said 5/8 inch Iron Pin also being in the easterly line of a 27.097 acre tract of land conveyed to AERC Bradford, Inc. and recorded in Instrument Number 199911240293088;
thence, N 03° 27' 08" E, 1433.24 feet running with the westerly line of said Columbus and Southern Ohio Electric Company lands, the easterly line of said AERC Bradford Inc. lands, the easterly line of Strawberry Fields subdivision as recorded in Plat Book 65, page 75 and the easterly line of Sunbury Lake subdivision as recorded in Plat Book 73, page 1 to a ¾ inch I.D.I.P. found, said ¾ I.D.I.P. being on the southwesterly corner of Lot No. 17 of said Sunbury Lake subdivision;
thence, S 85° 10' 51" E, 197.86 feet running with the northerly line of said Columbus and Southern Ohio Electric Company lands and the southerly line of said Lot No. 17 of said Sunbury Lake subdivision to a 5/8 inch Iron Pin and Cap found on the southeasterly corner of said Lot No. 17 and on the westerly Limited Access Right-of-Way line of said Interstate 270 (State of Ohio ORV 29643E02);
thence, running with the easterly line of said Columbus and Southern Ohio Electric Company lands and the westerly Limited Access Right-of-Way line of said Interstate 270, the following 6 consecutive courses:
1) S 12° 21' 23" E, 460.41 feet to a 5/8 inch Iron Pin and Cap set;
2) S 05° 30' 39" E, 101.15 feet to a 5/8 inch Iron Pin and Cap set;
3) S 24° 36' 11" E, 101.56 feet to a 5/8 inch Iron Pin and Cap set;
4) S 15° 28' 38" E, 150.29 feet to a 5/8 inch Iron Pin and Cap set;
5) S 12° 12' 13" E, 250.03 feet to a 5/8 inch Iron Pin and Cap set;
6) S 13° 58' 07" E, 438.34 feet to the point of beginning and containing 13.530 acres more or less, subject to all legal streets, highways, right-of-ways, alleys, easements, agreements and/or conditions of record, if any, and is based on an actual field survey performed by me, or under my supervision, this twenty third day of May, 2003.
Bearings are based on a portion of the easterly line of said Columbus and Southern Ohio Electric Company lands as being
S 13° 58' 07" E, as shown of record in Official Record 29643 E10 (Parcel No. 7WL-1).
All Iron Pin and Caps set are 5/8" x 30" rebar with yellow cap stamped Central Survey Co.
LEGAL TWO: DESCRIPTION OF A 0.821± ACRE EASEMENT, Corridor-Morse 138kv Line for COLUMBUS SOUTHERN POWER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 4, Township 2 N, Range 17 W of the United States Military Lands; also being part of the same lands conveyed to Columbus and Southern Ohio Electric Company as recorded in Deed Book 2550, page 577, all references contained herein are to Franklin County Recorder's records, Franklin County, Ohio, being shown on Exhibit "A" attached hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning for a point of reference at a 5/8 inch Iron Pin and Cap found 200 feet right of Interstate 270 Centerline Station 1337+38.35, said centerline being shown on FRA-270-22.99N plans and being filed in Book 41, page 14, said Iron Pin and Cap also being the northeasterly corner of a 5.519 acre tract of land conveyed to D&K Limited, as recorded in Instrument Number 200144020253979;
thence, N 86° 09' 57" W, 134.12 feet with the northerly line of said D&K Limited lands to a ½ inch Iron Pin found on the northwesterly corner of said D&K Limited lands, and on the northeasterly corner of a 4.017 acre tract of land conveyed to Columbus and Southern Ohio Electric Company as recorded in Deed Volume 1811, page 482;
thence, N 86° 12' 37" W, 138.93 continuing along the southerly line of said Columbus and Southern Ohio Electric Company lands to a point, said point also being the true point of beginning of the herein described easement;
thence, N 86° 12' 37" W, 130.41 feet continuing along the southerly line of said Columbus and Southern Ohio Electric Company lands to a point;
thence, running within said Columbus and Southern Ohio Electric Company lands the following two (2) consecutive courses:
1) N 03° 15' 41" E, 69.74 feet to a point;
2) N 79° 27' 41" E, 364.19 feet to a point in the westerly right-of-way of said Interstate 270 and the easterly line of said Columbus and Southern Ohio Electric Company lands;
thence, S 13° 58' 07" E, 100.18 feet along the westerly right-of-way of said Interstate 270 and the easterly line of said Columbus and Southern Ohio Electric Company lands to a point;
thence, S 79° 27' 41" W, 260.47 feet to the point of beginning and containing 0.821 acres, more or less, subject to all legal streets, highways, right-of-ways, alleys, easements, agreements and/or conditions of record, if any.
Bearings are based on a portion of the easterly line of said Columbus and Southern Ohio Electric Company lands as being S 13° 58' 07" E, as shown of record in Official Record 29643 E10 (Parcel No. 7WL-1).
To Rezone From: R-1, Residential, and I, Institutional Districts,
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 plans being titled "THE POWER PARK RE-ZONING SITE PLAN, SHEET 1 of 2", "GODZ XTREME POWER PARK, 4040 MORESE ROAD, ZONING SITE PLAN, SHEET 2 of 2" and text being titled, "CPD TEXT" all signed by David L. Hodge, Attorney for the Applicant, all dated November 14, 2003, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
EXISTING DISTRICT: R-1, Residential, I, Institutional
PROPERTY ADDRESS: 4040 Morse Road
OWNER: Columbus & Southern Ohio Electric Company
APPLICANT: Faith Christian Center
DATE OF TEXT: 11/14/03
APPLICATION NUMBER: Z03-061
1. INTRODUCTION: The site is northeast of the intersection of Morse Road and Stelzer Road, abutting I- 270 to the west. The request is to rezone to the CPD classification to permit access to the site from the existing curb cut from Transit Drive, and a mixed use development at the southern end of the adjacent tract to the north. The proposed text contains appropriate development standards for the subject property.
2. PERMITTED USES: Those uses permitted in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code, except the following uses:
Animal shelter
Automobile and light truck dealers
Automotive accessories, parts, and tire sales
Automobile maintenance and repair
Automotive sales, leasing, and rental
Halfway house
Motorcycle, boat, and other motor vehicle dealers
Motor vehicle accessories and parts dealers
Recreational vehicle dealers
Truck, utility trailer, and RV sales, rental, and leasing
3. DEVELOPMENT STANDARDS: Unless otherwise specified in the following text, the development standards shall be as specified in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code.
A. Density, Height, Lot, and/or Setback commitments.
1. The building setback shall be 30' from I-270. The parking setback shall be 25' from I-270.
2. For structures and paved areas lot coverage shall not exceed 80%.
3. Height district of 60 feet with a maximum height of 45 feet for the recreational facility and 35 feet for any additional use.
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 Division of Traffic, Engineering, and Parking.
2. A 4' sidewalk shall be installed along the east side of the access drive from Transit Drive to the building entrance.
3. A gate shall be installed along the access drive at the southern end of Parcel No. 600-150027 to limit site access during hours the business is not operating.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. A tree row shall be established along I -270 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 2.5" on planting.
2. The adjacent subdivision located northwest of this subject site, shall be screened by a 50' Do Not Disturb Zone beginning 125' south of Strawberry Fields subdivision running to the north property line. Said "Do Not Disturb Zone" is for the purpose of preservation of the existing tree row located within this area. This is in addition to the 200' open space/buffer zone located on the property adjacent to the west which is located south of the Strawberry Fields subdivision, as well as the 40' tree row located on lots 23 through 29 of Strawberry Fields subdivision which until transferred to their respective owners in May, 2002, were "Reserve" areas for future public road purposes.
3. One tree shall be planted for every 10 parking spaces. Trees shall be planted in islands or medians at least 5' wide.
4. The property owner shall install mounding along both the northern and western perimeter of the parking lot as indicated on the attached site plan. Mounds shall be a minimum of 3' in height measured from adjacent grade.
5. A staggered row of either fat albert spruce or norway spruce trees shall be planted between the mounds and fence to the west and north of the parking lot. The trees shall be spaced a minimum of 12' apart. Evergreen trees shall have a minimum height upon planting of 6'.
6. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months and the next planting season, whichever occurs first.
7. All trees meet the following minimum sizes at the time of planting: Shade trees 2.5" caliper; Ornamental trees 1.5" caliper; Evergreen trees 6' in height. Tree caliper is measured six (6) inches from the ground.
8. Loading areas shall be fully screened by structures and/or landscaping to a minimum height of six feet. Such screening shall maintain at least 90% opacity.
9. A 5' chain link 5' chain link 6' board on board fence shall be installed. The fence shall run along the perimeter of the parking lot from the northeast corner to the northwest corner and south along the western perimeter 175' as indicated on the site plan. A gate shall be installed for the purpose of access to the northern end of the site.
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, fence, or wall, utilizing comparable and compatible materials as the building materials.
2. The building material for the structure shall be a combination of metal, brick, split-faced block, and glass.
E. Dumpsters, Lighting, Outdoor display areas and/or other Environmental commitments.
1. Light poles shall not exceed 28' in height. Light poles within 100' of any residential development shall not exceed 14' in height.
2. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
3. For aesthetic compatibility, lights shall be from the same or similar type and color.
4. Lighting shall not exceed .1 foot-candle along the property line of a residentially used property.
5. In parking lots, lighting shall be placed in raised islands or medians to protect both lights and vehicles from damage.
6. Accent lighting shall be permitted provided such light source is concealed.
8. Any wall-mounted lighting shall be shielded to prevent off-site spillage.
8. Dumpsters shall be screened on three (3) sides with a fence, wall, or landscaping to a height of six feet or a height equal to that of the dumpster whichever is greater, with a gate on the fourth side. Such screening shall maintain at least 90% opacity.
9. Wiring within the development shall be underground.
F. Graphics and Signage commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 fo 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. CPD Criteria:
1. NATURAL ENVIRONMENT: The site is adjacent to a freeway and a utility substation, it is currently undeveloped but encumbered with utility towers.
2. EXISTING LAND USES: A combination of commercial and residential uses surround the site.
3. TRANSPORTATION AND CIRCULATION: The applicant will construct an access road from the existing curb-cut off of Transit Drive to access the proposed development. All circulation, curb cuts, and access points shall be subject to the approval of the Division of Traffic, Engineering, and Parking.
4. VISUAL FORM OF THE ENVIRONMENT: The developer anticipates that the building materials will be a combination of metal, brick, split-faced block, and glass.
5. VIEW AND VISIBILITY: In the improvement of the subject property consideration will be given to the visibility and safety of the motorist and pedestrian.
6. PROPOSED DEVELOPMENT: Commercial
7. EMISSIONS: No adverse affect from emissions should result from the proposed development.
8. BEHAVIOR PATTERNS: The proposed development shall make use of the existing pedestrian and vehicular patterns for the area.
H. Miscellaneous Commitments
1. Variance Requested: Applicant is requesting a variance to Columbus City Code Section 3342.28, minimum number of parking spaces required, to reduce the minimum from 250 to 200 spaces.
2. The applicant shall fulfill all obligations mandated by Columbus City Code Section 3318.13, Parkland Dedication.
3. The hours of operation shall be limited to 10:00 a.m. until 11:00 p.m., seven days a week.
4. 4. Parking lot security cameras shall be installed to monitor parking lot activity.
5. No outdoor activities including skateboarding shall be permitted.
6. The developer shall install signs in the parking lot which state that "No skateboarding shall be permitted in the parking lot and no loud playing of car stereos shall be permitted in parking lot."
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.