Explanation
Rezoning Application Z84-059A
Ordinance #1630-87, passed July 27, 1987, rezoned 9.5± acres from the ARLD, Apartment Residential District to the L-C-4, Limited Commercial District. That legislation permits commercial development having specific development standards in accordance with a registered site plan and development text. A 1.09± acre out-lot was to be created as a result of a combination of right-of-way vacation and dedication at the corner of Refugee and Schwartz Roads being predicated upon the possibility of a service road being constructed. This legislation will amend Ordinance #1630-87 by modifying the limitation text to clarify the timing of the required right-of-way related actions thereby allowing a new out-lot to be created for future development. This amendment does not alter any other requirements established by Ordinance #1630-87.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #1630-87, passed July 27, 1987, for property located at 3355 REFUGEE ROAD (43232), by repealing Section 3 and replacing it with new Section 3 thereby modifying the limitation text to clarify the timing of the required right-of-way related actions (Rezoning # Z84-059A).
Body
WHEREAS, #1630-87, passed July 27, 1987, rezoned 9.5± acres located at 3355 REFUGEE ROAD (43232) from the ARLD, Apartment Residential District to the L-C-4, Limited Commercial District; and
WHEREAS, that rezoning established specific development standards addressing right-of-way vacation, dedication and improvements, site access, and screening; and
WHEREAS, it is necessary to amend Ordinance#1630-87, passed July 27, 1987, to clarify the timing of right-of-way related actions which will permit a new lot to be created for future development; and
WHEREAS, all other aspects of the development text and site plan contained in Ordinance #1630-87 are unaffected by this amendment and remain in effect; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 3 of Ordinance #1630-87, passed July 27, 1987 (Z84-059), be hereby repealed and replaced with new Section 3 reading as follows:
SECTION 3.That the Regulation Administrator of the Development Regulation Division Director of the Department of Building and Zoning Services be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Development Regulation Division and shall register a copy of the approved L-C-4, Limited-Commercial District and Application among the records of the Development Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "PROPOSED SITE PLAN Z84-059," signed by John M. Ranft, Agent, Fredron Investments and dated July/8/87; and text titled, "LIMITED OVERLAY - 3355 REFUGEE ROAD, COLUMBUS, OHIO Applicants/Owner - Fredron Investments Application No. Z84-059A," signed by Henry P. Wickham, Jr., Attorney for Applicant Ronald Erkis, Owner, and dated July 10, 1987 May 30, 2013, and reading as follows:
LIMITED OVERLAY - 3355 REFUGEE ROAD, COLUMBUS, OHIO
Applicants/Owner - Fredron Investments
Application No. Z84-059A
This rezoning presents a situation where the minimum development standards of the underlying "C-4" zoning district requested may be deemed inadequate to protect and maintain compatibility of land uses in the area, and the following limited overlay will be beneficial to the neighboring properties and the public interest. Furthermore, the City and the Owner have agreed to take certain actions with respect to vacating a certain portion of property consisting of 0.267 acres of land at the northwest corner of said 9.5 +/- acre parcel. Therefore, the Owner agrees, pursuant to Chapter 3370, Columbus City Code, that the rezoning of the subject property is conditioned on the following limitations:
1. The property shall be permitted only one (1) access driveway for ingress and egress to Refugee Road as approved by the City of Columbus, Division of Traffic Engineering Department of Public Service. This access driveway shall be considered temporary unless and until such time as a planned future service road is constructed by the City across the front of the subject property along the south side of Refugee Road.
In the event that the City requires that such a service road be constructed, the service road shall be located in the 38 foot right-of-=way on the southern edge of Refugee Road from the northeast corner of said lot to the eastern boundary lineUpon any proposed development of a certain 0.819 acre parcel of land described in Exhibit A attached hereto,.Tthe service road tract of 0.337 acres, as shall also be described in Exhibit B attached hereto. Said 0.337 acre tractshall be dedicated to the City at the same time that the 0.267 acre tract more fully described in Exhibit C attached hereto is vacated by the City to the Owner as provided below.
In the event that the City requires construction of said service road, the City agrees that it shall construct said service road except for the portion of the service road to be constructed by the developer of the 0.819 acre parcel. Said service road shall be constructed so that it has its own catch basins and drainage.
After the City makes the decision to construct the service road, the portion of land consisting of 0.337 acres more fully described in Exhibit B attached hereto shall be dedicated to the City. At the same time that the Owner dedicates this portion of the property to the City for the service road, the City shall vacate a certain portion of real property at the northwest corner of the 9.5 +/- acre parcel of property which is the subject of the zoning action. That portion of the land that the City shall vacate and reconvey to the Owner consists of 0.267 acres parcel of land shall be moved so that it extends 25 feet south and parallel to the northern boundary of said 0.267 parcel of land.
From the time that this ordinance is approved until such time as the City notifies the Owner in writing of its desire to construct the service road, the Owner shall have full access to and use of the portions of the property where the proposed service road is to be located. From the time that the Owner dedicates that 0.337 acres of land to the City, to the time that the City commences construction of the service road, the Owner shall continue to have full access to and use of the portions of this right-of-way where the proposed service road is to be located. After dedication of this portion of the land but prior to commencement of construction of the service road, the Owner shall identify and hold harmless the City for any and all causers of actions, damages, and claims arising from Owner's use of said right-of-way.
There shall be allowed from said 0.819 acre tract of land direct access to the service road and to Schwartz Road as may be approved by the City of Columbus, Division of Traffic Engineering. Access for the 0.819 acre tract of land shall be taken from the 0.337 acre tract of land, as described in Exhibit B, or as approved by the City of Columbus, Department of Public Service. The developer of the 0.819 acre tract shall not be responsible for construction of the service road with the exception of the necessary connection to be provided by the developer from Schwartz Road to the proposed access point serving the 0.819 acre tract located near the southwest corner of said 0.819 acre tract, which shall be contained within the 0.337 acre tract of land to be dedicated as public right-of-way.
2. SCREENING: The southern boundary of the subject property abuts property zoned and used as apartments. The southern and eastern boundaries of the subject property shall be screened to a width of ten (10) feet along the full length of said southern boundary in accordance with the following standards:
a. Screening shall consist of a fence, landscaped earth mound of suitable slope, wall, planting or combination thereof installed, repaired, replaced, and maintained to a total height of no less than five (5) feet above the grade of the subject property along its southern boundary and to an opacity of not less than seventy five percent (75%).
b. Screening shall be installed and maintained in a neat and orderly manner.
c. Screening shall be reasonably uniform in height and opacity along its entire length, provided, however, that screening is not required within one (1) foot of the ground.
d. The percentage of opacity shall be determined by measurement of any square foot of the vertical surface of the screening from a point perpendicular thereto. Permissibly open area shall not be included in the opacity determination.
e. When screening of live plants is installed, alone or in combination with other materials, the plants shall:
i. Be selected for year-round dense foliage adequate to shade residences from headlight glare;
ii. Be selected to achieve a height of 5 feet and 75% opacity within three (3) years of installation and to reduce headlight glare and to visually screen a parking lot or other use of the southern portion of the subject property from any residentially zoned property within eighty (80) feet thereof;
iii. Be matured to a minimum height of three (3) feet at the time of installation; and
iv. Be maintained in a healthy, live state and replaced as needed to comply with the original site plan and the specifications and standards set forth above.
SECTION 2. That existing Section 3 of Ordinance #1630-87, passed July 27, 1987 (Z84-059), be and is hereby repealed.
SECTION 3.That this ordinance shall take effect and be in force from and after the earliest period allowed by law.