header-left
File #: 2084-2011    Version: 1
Type: Ordinance Status: Passed
File created: 11/15/2011 In control: Zoning Committee
On agenda: 12/5/2011 Final action: 12/7/2011
Title: To rezone 4020 STELZER ROAD (43219), being 57.9± acres located at the southeast corner of Old Stelzer Road and Interstate 270, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z11-021).
Attachments: 1. ORD2084-2011attachments, 2. Z11-021.pdf, 3. Z11-021, 4. Notice Of Public Hearing - Council Mtg20111205
Explanation
 
Rezoning Application Z11-021
 
APPLICANT:  Morso Holding Company; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
      
PROPOSED USE:  Commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on October 13, 2011.
 
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant is proposing to revise the existing CPD, Commercial Planned Development District text and site plan.  The updated CPD text and plan generally reduce setbacks along I-270, Morse and Stelzer Roads.  Staff supports this as the new setbacks better address the development pattern of Morse and Stelzer Roads.  Outdated or unneeded provisions are deleted and various obsolete references are updated.  The proposal is consistent with the development patterns and zoning patterns of the area.
 
 
Title
 
To rezone 4020 STELZER ROAD (43219), being 57.9± acres located at the southeast corner of Old Stelzer Road and Interstate 270, From:  CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z11-021).
 
Body
 
WHEREAS, application #Z11-021 is on file with the Building and Zoning Services Department requesting rezoning of 57.9± acres from CPD, Commercial Planned Development District, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the North East Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the new setbacks better address the development pattern of Morse and Stelzer Roads.  Outdated or unneeded provisions are deleted and various obsolete references are updated.  The proposal is consistent with the development patterns and zoning patterns of the area; and
 
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:
 
4020 STELZER ROAD (43219), being 57.9± acres located at the southeast corner of Old Stelzer Road and Interstate 270, and being more particularly described as follows:
 
ZONING
57.863 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Townships 1 and 2 of the United States Military Lands, being all of the 45.431 acre tract conveyed to MORSO Holding Co. of record in Instrument Number 200902170020898, all of the remainder of Parcels 10 and 14 conveyed to MORSO Holding Co. of record in Official Record 30846G11, all of the remainder of the tract conveyed to MORNO Holding Co. of record in Official Record 33744H11, and a part of the remainder of Parcel 11 conveyed to MORSO Holding Co. of record in Official Record 30846G11, and described as follows:
Beginning in the easterly right-of-way line of relocated Stelzer Road at the northwesterly corner of the 18.865 acre tract conveyed to Aladdin Temple A.A.O.N.M.S. of record in Deed Book 2965, Page 402;
thence with the easterly right-of-way line of relocated Stelzer Road, the following courses:
with the arc of a curve to the left, having a central angle of 03° 52' 03", a radius of 1499.82 feet an arc length of 101.25 feet a chord bearing and distance of North 06° 40' 44" West, 101.23 feet to a point;
North 04° 43' 23" East, a distance of 10.60 feet to a point;
with the arc of a curve to the left, having a central angle of 18° 30' 11", a radius of 1502.40 feet an arc length of 485.18 feet a chord bearing and distance of North 18° 15' 27" West, 483.08 feet to a point;
North 27° 30' 32" West, a distance of 20.92 feet to a point;
South 86° 09' 43" East, a distance of 5.86 feet to a point;
North 27° 30' 37" West, a distance of 122.97 feet to a point;
North 86° 09' 51" West, a distance of 17.56 feet to a point;
North 27° 30' 33" West, a distance of 97.95 feet to a point;
with the arc of a curve to the right, having a central angle of 06° 57' 31", a radius of 1372.40 feet an arc length of 166.68 feet a chord bearing and distance of North 24° 01' 47" West, 166.58 feet to a point;
North 01° 10' 56" West, a distance of 100.59 feet to a point;
with the arc of a curve to the right, having a central angle of 20° 14' 27", a radius of 1342.40 feet an arc length of 474.23 feet a chord bearing and distance of North 06° 22' 35" West, 471.77 feet to a point;
North 03° 44' 38" East, a distance of 81.76 feet to a point; and
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet an arc length of 31.42 feet a chord bearing and distance of North 48° 44' 38" East, 28.28 feet to a point in the southerly right-of-way line of Morse Road;
thence with the southerly right-of-way line of Morse Road and the limited access right-of-way of Interstate 270, the following courses:
South 86° 15' 22" East, a distance of 302.21 feet to a point;
North 71° 55' 41" West, a distance of 40.37 feet to a point;
South 86° 15' 19" East, a distance of 129.15 feet to a point;
with the arc of a curve to the right, having a central angle of 55° 33' 34", a radius of 20.00 feet an arc length of 19.39 feet a chord bearing and distance of South 58° 26' 30" East, 18.64 feet to a point;
South 85° 16' 37" East, a distance of 86.19 feet to a point;
North 87° 26' 01" East, a distance of 46.24 feet to a point;
South 82°49'03" East, a distance of 80.42 feet to a point
South 81° 52' 24" East, a distance of 270.43 feet to a point;
South 66° 44' 33" East, a distance of 180.31 feet to a point;
South 60° 01' 21" East, a distance of 193.53 feet to a point;
South 47° 09' 09" East, a distance of 494.00 feet to a point;
South 20° 28' 50" East, a distance of 492.67 feet to a point;
South 16° 09' 37" East, a distance of 196.91 feet to a point;
South 13° 46' 08" East, a distance of 196.70 feet to a point;
South 11° 22' 36" East, a distance of 196.54 feet to a point;
South 09° 43' 11" East, a distance of 295.05 feet to a point; and
South 01° 45' 03" East, a distance of 126.27 feet to a point;
thence North 86° 07' 18" West, across said Parcel 11, a distance of 553.62 feet to a westerly line of said Parcel 11 and the easterly line of said 18.865 acre tract;
thence North 03° 52' 44" East, with the common line of said Parcel 11 and said 18.865 acre tract, a distance of 320.00 feet to a common corner thereof and in the southerly line of said 45.431 acre tract;
thence North 86° 07' 18" West, with said southerly line and the northerly line of said 18.865 acre tract, a distance of 1039.82 feet to the Point of Beginning, containing 57.863 acres of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
To Rezone From: CPD, Commercial Planned Development District
 
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change 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, "EASTON II - DEVELOPMENT DIAGRAM," signed by Jeffrey L. Brown, Attorney for the Applicant, dated October 31, 2011,and text titled, "CPD TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, dated September 19, 2011, and reading as follows:
 
CPD TEXT
 
PROPOSED DISTRICTS:  CPD, Commercial Planned District
PROPERTY ADDRESS:  4020 Stelzer Road        
OWNER:  Morso Holding Co.   
APPLICANT: Morso Holding Co.
DATE OF TEXT: September 19, 2011
APPLICATION:  Z11-021
 
1.  INTRODUCTION:  The property was part of the larger Easton zoning (Subarea 2C) that was approved by the City of Columbus in 1997.  (Zoning Case Z95-035A)  It was anticipated that additional zonings may be necessary as the proposed development was to occur over an extended period of time.  Fine tuning of the development standards and permitted uses would occur as development plans move forward.
 
2.  PERMITTED USES:  The following uses shall be permitted:  Public parking garage(s) and those uses listed in Chapter 3356 (C-4, Commercial District) of Columbus City Code.
 
1.  Excepting therefrom:
 
a.  new or used car lot except in connection with a new automobile salesroom
 
3.  DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3356, C-4, Commercial District shall apply to the subject property.
 
A.  Density, Height, Lot and/or Setback Requirements
 
1.  Setback from Morse Road shall be 10 feet for all parking, loading and maneuvering areas, and 25 feet for buildings.
 
2.  Setback from I-270 shall be 25 feet for all parking, loading and maneuvering areas and 25 feet for buildings. Setback from I-270 ramp shall be 10 feet for all parking, loading and maneuvering areas and 25 feet for buildings.
 
3.  Setback from Relocated Stelzer Road shall be 10 feet for all parking, loading and maneuvering areas and 10 feet for buildings.
 
4.  All other publicly dedicated interior streets shall have a zero foot parking, loading and maneuvering setback and a zero foot building setback.
 
5.  The setback required in Section 3A 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, and any motor bus shelter; the setback for said items shall be zero.
 
6.  Entry features may be established within the subject site 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 City Code may be required.
 
7.  Within 100 hundred (100) feet of Morse Road the height district shall be 60 feet; for the rest of the subarea the height district shall be 110 feet.
 
8.  The general location of the proposed buildings is shown on the submitted site plan.  Buildings may be located in whole or in part outside of these areas provided that the overall development for the site does not exceed 850,000 sq. ft.  These building areas may also contain signage, parking, landscaped areas and storm water facilities.
 
B.  Access, Loading, Parking and/or Traffic Related Commitments
 
1.  Parking
 
Due to the mixed use nature of the proposed development it would be impossible to have each use on its own tax parcel with all its required parking spaces and loading spaces. In addition the mixture of the proposed uses would make it appropriate to consider the effect of a shared parking analysis on determining the required number of parking spaces.  From a zoning clearance standpoint the city shall review the number of parking spaces for the subject site as one tax parcel even if there are separate tax parcels.
 
The following parking ratios shall be provided unless varied by a shared parking analysis or by the Board of Zoning Adjustment:
Retail                                       1 parking space for every 300 sq. ft. of gross floor area
 
Restaurant, without pick up unit             1 parking space for every 75 sq. ft. of gross floor area
       or greater than 5000 sq. ft            
 
Restaurant, with pick up unit and      1 parking space for every 175 sq. ft. of gross floor area
       seating (less than 5000 sq. ft)
 
Restaurant, with pick up unit no             1 parking space for every 175 sq. ft. of gross floor area      
      seating (less than 5000 sq. ft)          
 
Restaurant, patio/outdoor dining            Ratio is 50% of ratio required for primary structure      
      areas
 
Office (general)                         1 parking space for every 450 sq. ft. of gross floor area
          
Office (medical)                  1 parking space for every 300 sq. ft of gross floor area      
 
Theater                              1 parking space for every 3 seats
 
In order to arrive at the final required parking figure it is necessary to reduce the parking demand for each use by recognizing three reduction factors that are used in the ULI shared parking analysis. The reduction factors are vacancy allowance, non-auto transportation (walk, COTA, cab, bike) and captive market allowance (% of people visiting more than one business).
 
Reduction Factor            Retail            Restaurant      Office            Theater
Vacancy                  2%            0%            9%            10%
Non-auto transportation            4%            4%            4%            4%
Captive market allowance      18%            15%            15%            15%
 
The parking figures calculated from the ratios are then reduced by the appropriate reduction factor for each use to arrive at the total required number of parking spaces.
 
If the applicant wished to provide fewer parking spaces than calculated by the above method then the applicant shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the City's Division of Planning and Operations.  The Division of Planning and Operations shall review this shared parking analysis and if the Division approves the study then the applicant shall provide the number of parking spaces shown in the study. If the Division does not approve the study, then the applicant may file a variance request with the Board of Zoning Adjustment.
 
Public parking garages may be constructed on the subject property. The number of parking spaces within any garage(s) shall count toward meeting the overall parking requirement of the entire development on the subject property.
 
 
2.  When the site is developed the property owner shall grant to the property owner of tax parcel 520-105165 (currently owned by Aladdin Temple Aaonms) a non exclusive access easement in a form which is customary for the area to give said parcel access to a signalized intersection along Stelzer Road.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
 
1.  The developer shall install eight trees for every one hundred feet of frontage. This landscaping shall be placed within parking setback along Morse Road and 1-270. The required tree plantings shall consist of deciduous shade trees, ornamental trees and/or evergreen trees.
 
2.  A tree row shall be established along Relocated Stelzer Road frontage and Morse Road containing one tree for every 30 feet of road frontage. Trees shall be equally spaced or grouped together.
 
3.  The landscaping requirements of this section may be satisfied or offset by the preservation of existing vegetation.
 
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 size at the time of planting: Shade trees 2.5 inch caliper; ornamental trees 1.5 inch caliper; and evergreen 5 feet in height.  Tree caliper is measured 6 inches from the ground.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments
Not applicable
 
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
Not applicable
 
F.  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 classification. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
 
G.  Miscellaneous
 
1.  CPD Criteria
 
a.   Natural Environment
 
The natural environment of the subject site is limited to relatively flat terrain with slopes of one to two percent.  Drainage flow naturally runs from the west along Stelzer Road to the east property line and I-270. The Bennington series soils on site are suitable for development.
 
b.  Existing Land Use
 
Existing land use consist of commercial development to the north across Morse Road; commercial development and undeveloped commercially zoned ground to the west across Stelzer Road; Aladdin Temple Shrine, a large multi-purpose facility to the south; and I-270 to the east.
 
c.  Visual Form
 
The visibility of the site will be considered in the design of the buildings.
 
d.  Visibility
 
This area has high freeway visibility and good visibility from the intersection of Morse and
Stelzer Roads.
 
e.  Proposed Development
 
The proposed development concept is for mixed use.
 
f.  Behavior Patterns
 
The proposed development will provide additional commercial opportunities to both local residents, office works and to other individuals who can access this area via the I-270 / Morse Road interchange.
 
g.  Emissions
 
1.  This development would conform to the City requirements for light levels, sounds, smells and dust. It is anticipated that this development would not adversely effect proposed adjacent uses in this regard.
 
3.  Variances
 
a.  Section 3356.11C-4 district setback line: to reduce the building setback: along Morse Road from 100 feet to 25 feet; along Stelzer Road from 50 feet to 10 feet,  along  I-270 ramp from 100 feet to 25 feet and along I-270 from 100 feet to 25 feet.
 
b.  Section 3312.27 Parking setback line to reduce the parking setback: along Morse Road from 50 feet to 10 feet; along Stelzer Road from 35 feet to 10 feet, along I-270 ramp 50 feet to 25 feet and along I-270 from 50 feet to 25 feet.
 
c.  Section 3312.49 Maximum number of parking spaces required: to reduce the minimum number of parking spaces, and to eliminate a maximum number of parking spaces.  See text for parking ratio.
 
d.  Section 3312.03D Administrative requirements to allow parking spaces for a use to not be on the same parcel as the use.  Section 3312.51 Loading spaces to allow loading spaces for a use to not be on the same parcel as the use.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.