Explanation
Rezoning Application # Z10-002
APPLICANT: The Estate of George C. Smith; c/o David L. Hodge and Jeffrey L. Brown, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 13, 2010.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site encompasses two parcels zoned in the C-3, Commercial District, one developed with an automobile sales lot and accessory structures, and the other a vacant lot that is currently being used for automobile display. The requested CPD, Commercial Planned Development District would allow a range of commercial uses while conforming the current automobile sales use. The site is located within the planning area of the Scioto Southland Plan (2007), which recommends commercial development for this location in accordance with the Community Commercial Overlay. The CPD plan and text include use restrictions and development standards that address building and parking setbacks and lighting controls, and provide for bicycle parking, pedestrian connections from South High Street, and screening and landscaping upon redevelopment of the site. A variance for a zero foot parking setback for the existing parking lot is included in the request. Staff is supportive of the parking variance since it is only for the existing automobile sales use. The request is compatible and consistent with development in the area.
Title
To rezone 2372 SOUTH HIGH STREET (43207), being 3.3± acres located at the southeast corner of South High Street and Fornoff Road, From: C-3, Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z10-002).
Body
WHEREAS, application #Z10-002 is on file with the Department of Building and Zoning Services requesting rezoning of 3.3± acres from C-3, Commercial District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Far South Columbus Area Commission recommends approval of said zoning change; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development has centrally located bike racks for employees that ride their bike by choice or because of limited alternatives, and a pedestrian connection from the public sidewalk to the front door; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District would allow a range of commercial uses while conforming the current automobile sales use. The request is consistent with the land use recommendations of the Scioto Southland Plan (2007), and with the development pattern in the area, 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:
2372 SOUTH HIGH STREET (43207), being 3.3± acres located at the southeast corner of South High Street and Fornoff Road, and being more particularly described as follows:
Parcel 1
1.569 Acres
A small tract of land lying in Lots 2 and 3 of Nathaniel Merion's Subdivision of part of Section 4, Township 4, Range 22 Congress Lands as recorded in Plat Book 1, Page 331, located at the Northeast corner of High Street and Dering Road in the City of Columbus, Ohio and being the South part of Johnson Enterprises property as recorded in D.V. 3670, Pg. 236 and lying adjacent to a tract owned by DMSS Leasing Company P.L.L. as recorded in Inst. No 199808270218295 and more particularly described by metes and bounds as follows:
Beginning at a P.K. nail set in the concrete walk, said point being the intersection or the North line of Dering Road and the East line of South High Street, (said point being the Southwest corner of the Johnson Enterprises property as recorded in D.V. 3670, Pg. 236);
Thence North 03 degrees 21 minutes 53 seconds West along the East line of South High Street 246.18 to a 5/8 inch rebar set with cap at the Southwest corner of a 1.760 acres tract;
Thence leaving said East line South 89 degrees 41 minutes 55 seconds East along the South line of the 1.760 acre tract 285.51 feet to a 5/8 inch rebar set with cap in the West line of the DMSS Leasing Company property P.L.L. (Inst. No. 1998088270218295);
Thence South 00 degrees 01 minutes 32 seconds East along the West line of the DMSS Leasing Company property 245.26 feet to an existing iron pipe in the North line of Dering Road;
Thence North 89 degrees 47 minutes 18 seconds West along the North line of Dering Road 271.17 feet to the Point of Beginning.
Containing 1.569 acres all in Franklin County, Ohio.
Subject to all easements, rights-of-way and reservations of record.
Baseline for bearings in the above described tract is South 89 degrees 48 minutes 00 seconds East as shown on the South line of Fornoff Road and mentioned in Instrument No. 199808270218295.
Parcel 2
1.760 Acres
A small tract of land lying in Lots 1 and 2 of Nathaniel Merion's Subdivision of part of Section 4, Township 4, Range 22 Congress Lands as recorded in Plat Book 1, Page 331, located at the Southeast corner of High Street and Fornoff Road in the City of Columbus, Ohio and being the North part of Johnson Enterprises property as recorded in D.V. 3670, Pg. 236 and lying adjacent to a tract owned by DMSS Leasing Company P.L.L. as recorded in instrument number 199808270218295 and more particularly described by metes and bounds as follows:
Beginning at an iron pipe found on the South line of Fornoff Road, said pipe marking the Northwest corner of a 5.501 acre tract belonging to the DMSS Leasing Company as mentioned above;
Thence South 00 degrees 01 minutes 32 seconds East along the West line of said 5.501 acre tract 262.00 feet to a 5/8 inch rebar set with cap;
Thence North 89 degrees 41 minutes 55 seconds West 285.51 feet to a 5/8 inch rebar set with cap in the East right-of-way of High Street;
Thence North 03 degrees 21 minutes 53 seconds West along the East line of High Street 262.00 feet to a 5/8 inch rebar set with cap in the South line of Fornoff Road (50 ft);
Thence South 89 degrees 48 minutes 00 seconds East along the South line of Fornoff Road 300.77 feet to the Point of Beginning;
Containing 1.760 acres all in Franklin County, Ohio.
Subject to all easements, rights-of-way and reservations of record.
Baseline for bearing in the above described tract is South 89 degrees 48 minutes 00 seconds East as shown on the South line of Fornoff Road and mentioned in Instrument No. 199808270218295.
Survey made during February, 2003.
To Rezone From: C-3, Commercial 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 changes 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, "REZONING EXHIBIT," and text titled, "CPD TEXT," both signed by Jeffrey L. Brown, Attorney for the Applicant, dated June 15, 2010, and the text reading as follows:
CPD
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 2372 S. High St.
OWNER: Estate of George C. Smith
APPLICANT: Estate of George C. Smith
DATE OF TEXT: June 15, 2010
APPLICATION NUMBER: Z10-002
1. INTRODUCTION: The site is located at the east side of S. High St. between Fornoff Rd. and Dering Ave.
2. PERMITTED USES: Those uses permitted in Chapter 3356 (C-4, Commercial) of the Columbus City Code excepting therefrom the following uses:
bowling alley
cabaret, dance hall
night club
pool room
private club
skating rink
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted site plan or in the text, the applicable development standards are contained in Chapter 3356 (C-4, Commercial) and Chapter 3372 (Community Commercial Overlay) of the Columbus City Code.
A. Density, Lot and/or Setback Commitments.
1. Parking setbacks shall be zero feet from Fornoff Rd., Dering Ave. and S. High St. for the existing automobile sales and service uses. Upon redevelopment of the site, the parking setbacks shall conform to the City Code unless varied by the City's Board of Zoning Adjustment.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Upon redevelopment of the site an internal pedestrian connection shall be made to any building from High St.
2. Upon redevelopment of the site any proposed access points on Fornoff Rd. or Dering Ave. shall be located as far to the east as possible.
3. Upon redevelopment of the site a bike rack shall be installed on the site.
4. The existing parking areas shall be sprayed for weeds and kept clean of debris.
5. The applicant shall dedicate 60 feet from the centerline of S. High Street upon redevelopment of the site or upon such right-of-way being required for public improvements along the High Street frontage whichever occurs first.
6. Upon redevelopment of the site there shall be one full access point to S. High Street as determined by the City's Division of Planning Operations. Depending upon the location of the full access point, additional access points which will be right-in/right-out may occur between Fornoff Road and Dering Ave on S. High Street.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Upon redevelopment of the site, street trees shall be installed along the street frontages of S. High St. on the basis of 1 tree for every 30 feet of street frontage. Trees may be grouped or evenly spaced. These trees shall be either Chanticleer Flowering Pear or Cleveland Select Flowering Pear or if these trees are not available a tree approved by the City's forester.
2. Upon redevelopment of the site, all parking areas adjacent to S. High St. shall be screened from the public right of way to minimum height of 24 inches by a mound, shrubbery, or fence, individually or by any combination thereof.
3. The applicant shall install at least 10 planters (minimum size 2 feet x 2 feet) along S. High Street and 2 planters along both Fornoff Road and Dering Avenue. These planters shall be planted with seasonal plantings including trees throughout the growing season. Trees may be planted in place of the planters. This landscaping is for the existing automobile sales and service uses. Upon redevelopment the property owner shall remove the planters to comply with items 3C1 and 3C2.
4. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
5. All trees shall meet the following minimum size at the time of planting: shade trees 2 ½ inches caliper, ornamental trees 1 ½ inches caliper and evergreen trees 5 ft. in height. Tree caliper is measured 6 inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
E. Lighting, Outdoor Display Areas, and/or Environmental Commitments.
1. All external outdoor lighting shall be cutoff fixtures from the same or similar manufacturer. All light poles and standards shall be the same color and shall not exceed 18 feet in height.
2. All lighting shall be downlighting and there shall be no off-site light spillage.
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code Article 15, Title 33 of the Columbus City Code as it appears to the C-4 Commercial District and any variance to these requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. Site Plan
The site shall be developed in accordance with the submitted site plan, which shows the required setbacks. The buildings and the paved areas shown on the site plan are not being committed to as part of the application. The site plan may be slightly adjusted to reflect engineering, topography or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustment to the Site Plan shall be subject to review and approved by the Director of the Building and Zoning Services or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. CPD Criteria
a. Natural Environment
The site is developed with a series of commercial buildings and parking/display areas.
b. Current Land Use
The site contains a used car operation.
c. Circulation
The site has access to S. High St., Fornoff Rd. and Dering Ave.
d. Proposed Development
Commercial
e. Behavior Patterns
Existing development in the area has established the behavior pattern for pedestrians and motorists.
f. Emissions
It is anticipated that this development would not adversely affect adjacent uses in this regard.
H. Variances
The approval of this CPD includes a variance to the parking setback (Section 3372.704) from 25 to zero feet. The parking setback variance is only for the existing automobile sales and service uses on the site.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.