Explanation
Rezoning Application Z04-006
APPLICANT: Germain Real Estate Co., LLC et al.; c/o David L. Hodge, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Automobile dealership.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-2-1) on May 6, 2004.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant requests the CPD, Commercial Planned Development District to develop an automobile dealership. This dealership will be an addition to an existing dealership to the south of the site, which is also owned by the applicant. Although the existing L-C-4, Limited Commercial District permits most commercial uses, used car sales was specifically prohibited by the Limitation Text. The proposal is consistent with the commercial use recommendations of the Northeast Area Plan (1994).
Title
To rezone 3811 MORSE ROAD (43219), being 1.56± acres located at the southwest corner of Morse Road and Morse Crossing, From: L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development District. (Rezoning # Z04-006)
Body
WHEREAS, application #Z04-006 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.56± acres from L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Northeast Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the Applicant requests the CPD, Commercial Planned Development District to develop an automobile dealership. This dealership will be an addition to an existing dealership to the south of the site, which is also owned by the applicant. Although the existing L-C-4, Limited Commercial District permits most commercial uses, used car sales was specifically prohibited by the Limitation Text. The proposal is consistent with the commercial use recommendations of the Northeast Area Plan (1994)
, 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:
3811 MORSE ROAD (43219), being 1.56± acres at the southwest corner of Morse Road and Morse Crossing, and being more particularly described as follows:
LEGAL DESCRIPTION
Situated in the County of Franklin, State of Ohio, and in the City of Columbus, bounded and described as follows:
Being a part of Lot No. 1 of an Unrecorded Plat, Section Two (2), Township One (1), Range Seventeen (17), City of Columbus, Franklin County, State of Ohio and being that tract as deeded to Edith G. McCaughey of record in Deed Volume 3461, Page 260 in the Franklin County Recorder=s Office and being more particularly described as follows:
Beginning at the intersection of centerline of Morse Road (County Road 17) with the centerline of Sunbury Road (County Road 8); thence South 86 degrees 15' 18" East along the centerline of Morse Road and distance of 1378.97 feet to a point; thence South 4 degrees 53' 30" West a distance of 55.01 feet to an iron pin at the TRUE PLACE OF BEGINNING of the tract herein described;
thence from the TRUE PLACE OF BEGINNING South 86 degrees 15' 18" East a distance of 185.00 feet to an iron pin;
thence South 3 degrees 34' 16" West along the westerly boundary of Willard and Nellie M. Anderson (Deed Volume 3403, Page 435) a distance of 340.87 feet to an iron pin;
thence South 83 degrees 09' 33" West along the northerly boundary of Richard A. and Kathryn A. Freeman (Deed Volume 2822, Page 671) a distance of 196.93 feet to an iron pin;
thence North 4 degrees 53' 30" East along an easterly boundary of Riverside Methodist Hospital (Deed Volume 3435, Page 652) a distance of 377.11 feet to the PLACE OF BEGINNING, containing 1.558 acres, more or less.
EXCEPTING THEREFROM: being a strip of land (5') feet in width along the entire northerly boundary of the above described real estate.
To Rezone From: L-C-4, Limited Commercial and CPD, Commercial Planned Development Districts,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of one hundred ten (110) 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, "GERMAIN MOTORCARS" and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT", signed by Jeffrey L. Brown, attorney for the Applicant, and dated June 25, 2004, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 3811 Morse Road
OWNER: Germain Real Estate Company, LLC
APPLICANT: Germain Real Estate Company, LLC
DATE OF TEXT: 6/25/04
APPLICATION NUMBER: Z04-006
INTRODUCTION:
This site was rezoned in 2003. This applicant purchased the property from the prior owner and now wants to add a use to the zoning text. The applicant owns property to the south and wants to be able to incorporate this tract with its other property. The applicant also wants to incorporate the developments standards of the surrounding Easton zoning.
A. PERMITTED USES:
1. The following uses shall be permitted: Public parking garages and those uses listed in Chapter 3356 (C-4, Commercial District) of Columbus City Code.
B. DEVELOPMENT STANDARDS
Except as otherwise noted above and herein, the applicable development standards of Chapter 3356, C-4, Commercial District shall apply.
2B.01 Density, Height, Lot, and/or Setback Commitments:
1. Setback from Morse Road shall be 50' for all parking, loading and maneuvering areas; except within 100 feet of the intersection of Morse Crossing where the setback shall be 30'.
2. Setback from Morse Crossing shall be 25' for all parking, loading and maneuvering areas and 50' for buildings.
3. All other publicly dedicated interior streets shall have a 0' parking, loading and maneuvering setback and a 0' building setback.
4. The setback required in Section 2B.01 shall not apply to any pedestrian bridges, any building or structure parking garage which is connected to a pedestrian bridge as part of an elevated pedestrian system, or any motor bus shelter; the setback for said items shall be zero.
5. Within two hundred 200' of either Morse Road or Morse Crossing the height district shall be 60' otherwise it shall be 110'.
2B.02 Access, Loading, Parking and/or other Traffic Related Commitments:
1. All curb cuts and access points shall be subject to the approval of the Columbus Division of Transportation.
2B.03 Buffering, Landscaping, Open Space, and/or Screening Commitments:
1. Special treatment shall occur along the Morse Road Corridor. Such treatment shall include eight trees for every one hundred feet of frontage. This landscaping shall be placed in the parking setback along Morse Road. The required tree plantings shall consist of deciduous shade trees, ornamental trees and/or evergreen trees.
2. Any surface parking lot areas adjacent to Morse Road or Easton Way shall be screened from their respective right-of-ways with a minimum 3' high continuous planting hedge, fence, wall or earth mound or any combination thereof.
3. The screening requirement in Section 2B.03(2) may be included as part of the special landscaping treatment required in Section 2B.03(1) so long as the total number of trees planted and the height of the screening meet the requirements of these two sections.
4. A tree row shall be established along Morse Road frontage containing one tree for every 30' of road frontage. Trees shall be equally spaced or grouped together.
5. The developer shall install at least 13 trees within the paved area of the larger dealership site. These trees maybe counted for any City required interior landscaping standard.
6. The landscaping requirements of this section may be satisfied or offset by the preservation of existing vegetation.
7. Minimum size of all trees at installation shall be 2.5" caliper for deciduous, 5' high for evergreen and 1.5" caliper for ornamentals.
8. The landscaping required in this section shall count toward satisfying the landscaping requirements contained in Chapter 3342 of the Columbus City Code.
2B.04 Building Design and/or Interior-Exterior Treatment Commitments:
1. The facade of the building(s), including all sides and elevations, shall be constructed of either brick, stone, stucco and wood, or combination thereof. Roof lines shall be combination of pitched and flat designs, compatible with the existing building in the Easton development.
2B.05 Dumpsters, Lighting, Outdoor Display Areas, and/or Other Environmental Commitments:
1. All waste and refuse shall be containerized and fully screened from view by a solid wall or fence.
2. All external lighting shall be cutoff type fixtures (down-lighting), and shall provide no light spillage to off-site parcels. However, buildings and landscaping may be uplit or downlit provided that landscaping lighting does not spill over into the public right-of-way.
3. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside a permitted structure. This restriction shall not apply to the display of motor vehicles.
2B.06 Graphics and Signage Commitments:
1. All signage and graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the sign requirement shall be submitted to the Columbus Graphics Commission.
2. Entry features may be established within the subarea and may contain signage. Minimum setback for entry features shall be 5 feet from right-of-way line. In no case, shall entry features interfere with maintaining safe clear sight distances at intersections. Depending on the final form of the entry features, appropriate variances from the Columbus Zoning Code may be required.
2B.07 Miscellaneous
(1) CPD Criteria
A. Natural Environment: The site is developed with a single family house converted into an office.
B. Existing Land Use: To the north across Morse Road; to the east, west and south either existing commercial development or undeveloped commercially zoned property.
C. Circulation: Access shall be from Morse Crossing and other internal streets and drives.
D. Visual Form: The zoning text will affect the visual form of the development.
E. Visibility: In the development of the subject property and the location of the buildings and access points consideration will be given to the visibility and safety of the motorists and pedestrians.
F Proposed Development: Automotive dealership.
G. Behavior Patterns: The development in Easton has already established shopping patterns and circulation patterns in this area.
H. Emissions: No adverse affect shall occur from this development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.