Explanation
REZONING APPLICATION: Z04-061
APPLICANT: Skilken, DS, LLC., c/o P&L Systems Inc.; 171 Charring Cross Drive; Westerville, Ohio 43081.
PROPOSED USE: Pharmacy and unspecified retail development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on November 11, 2004.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for the L-C-4, Limited Commercial District for commercial use is consistent with development at the northwest corner of Stelzer and McCutcheon Roads and with a proposed twenty-acre neighborhood-scale shopping center proposed at the southeast corner of the same intersection. The Northeast Area Plan recommends that non-residential uses be confined to the east side of Stelzer Road. However, development conditions have changed significantly enough in the last several years to warrant a deviation from the Plan. The applicant is committing to a registered site plan that includes traffic improvements requested by the Transportation Division. The limitation text includes use restrictions and development standards that address setbacks, street trees, site access, pedestrian transit, buffering and screening, building materials, and lighting and graphics restrictions.
Title
To rezone 2853 STELZER ROAD (43054), being 5.82± acres located at the southwest corner of Stelzer and McCutcheon Roads, From: RR, Rural Residential and C-3, Commercial Districts, To: L-C-4, Limited Commercial District and to declare an emergency (Z04-061).
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WHEREAS, application #Z04-061 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.82± acres from RR, Rural Residential and C-3, Commercial Districts to L-C-4, Limited Commercial 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance in order to obtain all necessary permits for construction in the time provided for in the subject property purchase contract for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the applicant's request for the L-C-4, Limited Commercial District for commercial use is consistent with development at the northwest corner of Stelzer and McCutcheon Roads and with a proposed twenty-acre neighborhood-scale shopping center proposed at the southeast corner of the same intersection. The Northeast Area Plan recommends that non-residential uses be confined to the east side of Stelzer Road. However, development conditions have changed significantly enough in the last several years to warrant a deviation from the Plan. The applicant is committing to a registered site plan that includes traffic improvements requested by the Transportation Division. The limitation text includes use restrictions and development standards that address setbacks, street trees, site access, pedestrian transit, buffering and screening, building materials, and lighting and graphics restrictions; 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:
2853 STELZER ROAD (43054), being 5.82± acres located at the southwest corner of Stelzer and McCutcheon Roads, and being more particularly described as follows:
ZONING DESCRIPTION FOR 5.82± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and in Quarter Township 2, Township 1, Range 17, United States Military Lands, and being the property conveyed to Abbott Laboratories in Official Record 25378J10 (Parcel 1 - 0.796 acres and Parcel 4 - 1.964 acres), Official Record 31774I18 (1.972 acre parcel and 0.779 acre parcel only) and Official Record 33779A05 (0.517 acre parcel), less the applicable road rights-of-way conveyed to the City of Columbus in Official Record 28520A01, Official Record 28448J04, Official Record 28209J03 and Deed Book 2698, Page 645, with all record references herein cited being to the records of the Franklin County Recorder's Office, Columbus, Ohio, and said property being more particularly described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 7778 marking the intersection of the centerline of McCutcheon Road and the original centerline of Stelzer Road;
Thence S 03° 57'02" W, along said original centerline of Stelzer Road, a distance of 31.52 feet to a point;
Thence N 86° 02'58" W, leaving said original centerline of Stelzer Road, a distance of 50.00 feet to a point at the original northeasterly corner of said Abbott Laboratories 0.517 acre parcel;
Thence S 03° 57'02" W, along the previous westerly right-of-way line of Stelzer Road and the original easterly line of said Abbott Laboratories 0.517 acre parcel, a distance of 41.07 feet to a point on the westerly right-of-way line of Stelzer Road and said original easterly line of the Abbott Laboratories 0.517 acre parcel , and said point being the true point of beginning of the property herein described;
Thence S 03° 57'02" W, continuing along said westerly right-of-way line of Stelzer Road, being fifty (50) feet from and parallel to said original centerline of Stelzer Road, and along said easterly line of the Abbott Laboratories 0.517 acre parcel, and along the easterly lines of said Abbott Laboratories 1.972 acre parcel and 1.964 acre Parcel 4, a distance of 675.41 feet to a point at the southeasterly corner of said 1.964 acre Parcel 4 and on the northerly line of Reserve "C" of Somerset Number 3, a subdivision of record in Plat Book 37, Page 96;
Thence N 86° 32'52" W, leaving said westerly right-of-way line of Stelzer Road, and along the southerly line of said Abbott Laboratories 1.964 acre Parcel 4 and said northerly line of Reserve "C", Somerset Number 3, a distance of 355.94 feet to a point at the southwesterly corner of said 1.964 acre parcel and the southeasterly corner of Lot Number 5 of Jordan Estates, a subdivision of record in Plat Book 51, Page 113;
Thence N 03° 31'05" E, leaving said northerly line of Reserve "C", Somerset Number 3, and along the westerly lines of said Abbott Laboratories 1.964 acre Parcel 4, 1.972 acre parcel and 0.796 acre Parcel 1, and along the easterly lines of Lot Numbers 5, 4, 3, 2 and 1 of said Jordan Estates, a distance of 704.19 feet to a point at the northwesterly corner of the remainder of said Abbott Laboratories 0.796 acre Parcel 1 and on the southerly right-of-way line of McCutcheon Road;
Thence S 87° 41'28" E, leaving said easterly line of Lot Number 1 and the westerly line of the original Abbott Laboratories 0.796 acre Parcel 1, and along said southerly right-of-way line of McCutcheon Road, being thirty-five (35) feet from, and parallel to said centerline of McCutcheon Road, and along the northerly lines of the remainders of said Abbott Laboratories 0.796 acre Parcel 1, 0.779 acre parcel and 0.517 acre parcel, a distance of 325.32 feet to a point of curvature;
Thence leaving said southerly line of McCutcheon Road and said northerly line of the Abbott Laboratories 0.517 acre parcel, along a transitional right-of-way line to Stelzer Road with a curve to the right having a radius of 35.00 feet, a central angle of 91° 43'30", a chord bearing of
S 41° 54'43" E and chord distance of 50.24 feet to the true point of beginning of the property herein described, containing 5.82 acres, more or less.
The basis of bearings for this description is the original centerline of Stelzer road, being
S 03° 57'02" W, as described in the description of the 1.972 acres conveyed to Abbott Laboratories in Official Record 31774I18, Franklin County Recorder's Office Columbus, Ohio.
The foregoing property description was prepared by P & L Systems, Inc. in June of 2004 from available public records, and is for zoning purposes only.
P&L Systems Inc.
To Rezone From: RR, Rural Residential and C-3, Commercial Districts,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said site plan titled, "REZONING APPLICATION: SHEET Z-1," and limitation text titled, "L-C-4 LIMITATION TEXT," both signed by Michael D. Casale, agent for the applicant, dated November 22, 2004, and the text reading as follows:
L-C-4 LIMITATION TEXT
PROPOSED DISTRICT: L-C-4, Limited Commercial District.
PROPERTY ADDRESS: 2853 Stelzer Road.
OWNER: ABBOTT LABORATORIES.
APPLICANT: Skilken, D.S. LLC., c/o Frank R. Petruziello.
DATE OF TEXT: 11/22/04
APPLICATION NUMBER: Z04-061
INTRODUCTION:
The property subject to this rezoning is approximately 5.82 acres in size. It is located at 2853 Stelzer Road (the site). The site is currently zoned in the C-3, Commercial and RR, Rural Residential Districts. Property to the north across McCutcheon is currently zoned in the C-3, Commercial and R-1, Residential Districts. Vacant property east of the site across Stelzer Road is zoned in the C-4, Commercial, R-1, Residential and L-M-2, Limited Manufacturing Districts. Property south of the site is zoned in the R-1, Residential and PUD-8, Planned Unit Development Districts. Property west of the site is zoned in the R-1, Residential District and is developed with single-family dwellings.
1. PERMITTED USES.
The only permitted uses are those contained in Chapter 3356, C-4, Regional Scale Commercial District, except that the following uses are prohibited: Automobile Sales Leasing and Rental; Automobile and Light Truck Dealers; Automotive Maintenance and Repair; Bowling Centers; Business College; Bars, Cabarets and Nightclubs; Dance Hall, Electric Substation; Funeral Parlor; Hotels and Motels; Motor Bus Terminal; Motion Picture Theater; Off Premise Graphics; Poolroom; Private Club; Public Parking Garage for Pay; Public Parking for Pay; Testing or Experimental Laboratory' Trade School; Commercial Radio Transmitting or Television Station, Appurtenances including Cellular Towers, Animal Shelter, Armored Car, Investigation Guard & Security Serv.,Astrology, Fortune Telling & Palm Reading, Billboards, Blood & Organ Banks, Cabarets & Nightclubs, Checking Cashing & Loans, Coin Operated Laundries, Community Food Pantry, Crematory, Drive-In-Motion Picture Theaters, Farm Equipment & Supply Store, Halfway House, Hospitals (does not prohibit an urgent care facility), Mission/Temporary Shelters, Monopole Telecommunication Antennas, Motorcycle, Boat & Other Motor Vehicle Accessories & Parts dealers, Outdoor Power Equipment Stores, Parking lots & Garages (except as an accessory use), Pawn Brokers, Performing Arts, Spectator Sports & related Industries, Recreational Vehicle Dealers, Repossession Services (except for office component of said business), Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental, & Leasing, Veterinarian (unlimited practice), Warehouse Club and or Super Center, Rent-To-Own.
2. DEVELOPMENT STANDARDS.
A. Density, Height, Lot and/or Setback Commitments.
1. The site shall be developed in conformance with this L-C-4 limitation text titled, "L-C-4 LIMITATION TEXT, and in general conformance with the site plan titled, "REZONING APPLICATION, SHEET Z-1," both signed by Michael D. Casale, agent for the applicant, and dated November 22, 2004.
2. Parking setbacks shall be a minimum 20 foot landscape buffer from the rights-of-way of Stelzer and McCutcheon and the western property line.
3. There shall be a four (4) foot wide pedestrian sidewalk within the right-of-way of McCutcheon and Stelzer Roads along the entire frontage of the property.
4. Lot coverage will not exceed 80%.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. All curb cuts and on-site maneuvering shall be subject to final approval by the City of Columbus Transportation Division prior to issuance of zoning clearance.
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. In all parking areas, headlights shall be screened from the street or adjacent properties.
2. Headlight screening may be accomplished by the use of shrubs, landscaped mounding, low brick or stone walls, topographical differences or combination thereof. The height of the screening shall be 30 inches except that said screening shall not obstruct the vision of cars entering or exiting the site.
3. One street tree shall be planted for every 30 feet of frontage along Stelzer and McCutcheon Roads. Street trees may be grouped or spaced.
4. One tree shall be planted for every ten (10) parking spaces. Trees shall be planted in islands or medians at least 5 feet wide.
5. The minimum deciduous tree caliper at installation shall be 2.5 inch caliper. The minimum ornamental tree caliper at installation shall be 1.5 inch caliper. Evergreens shall be at least 6 feet high at time of installation. The minimum size of perennials at installation shall be 2 gallons.
6. All trees and landscaping shall be well maintained. Dead items shall be replaced within 6 months or at the next planting season, whichever occurs first.
7. Along the west and south property lines the developer shall install a 6' solid dark brown vinyl fence to serve as a buffer and screening from this development to adjacent residential developments. Buffer area will be cleared of scrub vegetation. Existing trees above 2" caliper will be saved. Areas with no trees will be planted with hemlock or other low light evergreens.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building, exteriors will be of predominantly brick material.
2. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside permitted structures.
3. Mechanical equipment or other utility hardware on the roof of buildings shall be screened from view by the same materials utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from view by a wall, fence or landscape material utilizing the same material or character of the building.
4. Blank facades on the rear of buildings is prohibited, therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.
5. Future buildings will be consistent with the architectural style, design and building materials of the CVS building.
E. Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting). However, buildings and landscaping may be illuminated with up-lighting from a concealed source.
2. Fifteen (15') foot high poles on 3' concrete bases will be used behind the buildings along the west side of the property. No poles on the east side of the buildings will be higher then the buildings.
3. No colored light shall be used to light the exterior of any building.
4. Landscaping at entries to parking lots and buildings shall be up-lighted by ground mounted concealed fixtures.
5. All external outdoor fixtures to be used shall be from the same or similar manufacturer type to family to ensure aesthetic compatibility. All light poles and standards shall be in dark green or black.
6. Parking lot lighting standards shall not exceed 18 feet in height and must be placed in raised islands or medians to protect both lights and vehicles from damage.
7. All wiring shall be underground.
8. The applicant shall install a sidewalk per city code in the right-of-way along McCutcheon and Stelzer Roads and sidewalks or striped pedestrian paths shall be installed from the sidewalk located in the public right-of-way to the site interior.
9. All dumpsters will be at the rear, have a gate, and enclosed on three (3) sides with brick to match the building.
F. Graphics and Signage Commitments.
1. All graphics shall conform to article 15 of the Columbus Graphics Code, as it applies to the C-4, Commercial District. Any variance of the applicable sign requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
2. Freestanding signs will be of the "monument type" having a solid brick base to match the building.
G. Miscellaneous Commitments
1. The site shall be developed in accordance with this limitation text and in substantial conformance with the site plan titled, "REZONING APPLICATION, SHEET Z-1," signed by Mike Casale, agent for the applicant, and dated November 22, 2004. Any slight adjustment to said site plan is subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Prior to issuance of zoning clearance right-of-way for Stelzer and McCutcheon Roads sufficient to comply with the City of Columbus Thoroughfare Plan shall be dedicated at no cost to the City of Columbus.
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.