Explanation
Rezoning Application Z13-029
APPLICANT: Core Resources, Inc.; c/o Dave Perry, The David Perry Co.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald Plank, Atty.; Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on June 13, 2013.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site has remained undeveloped since it was zoned in the L-C-4, Limited Commercial District in 1998. The site is also located within the Regional Commercial Overlay (RCO). The requested CPD, Commercial Planned Development District will update the existing development standards allowing a retail development and a future commercial site. The site is located within the boundaries of the Northland Plan: Volume I (2001). Commercial development is supported in this corridor, while fast-food restaurants, gas stations, warehousing, self- storage, and similar uses are discouraged. The CPD text commits to a site plan, and includes use restrictions, setbacks, landscaping, street trees, and screening which ensure compatibility with the adjacent residential development. Variances to allow maneuvering and required parking spaces to cross a parcel line, and for dumpster location in the RCO are included in the request.
Title
To rezone 3224 MORSE ROAD (43231), being 2.28± acres located on the north side of Morse Road, 930± feet east of Westerville Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z13-029).
Body
WHEREAS, application #Z13-029 is on file with the Department of Building and Zoning Services requesting rezoning of 2.28± acres from L-C-4, Limited Commercial District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will update the existing development standards allowing a retail development and a future commercial site. With the proposed commitments within the CPD plan and text, the request is compatible with the established zoning and development pattern of the area and ensure compatibility with the adjacent residential development; 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:
3224 MORSE ROAD (43231), being 2.28± acres located on the north side of Morse Road, 930± feet east of Westerville Road, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:
PARCEL 1
Situated in the State of Ohio, County of Franklin and in the Township of Blendon:
Being a part of Section 3, Township 2, Range 17, United States Military Lands, and being part of Lot Number Four (4) of the SUBDIVISION OF THE ESTATE OF CYRUS P. DENUNE in Blendon and Mifflin townships, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 10, Page 309, Recorder's Office Franklin County, Ohio bounded and described as follows:
Beginning at a point in the center of the township line road (Moore and Morse Road) on the line between Blendon Township on the North and Mifflin Township on the South being 1051.3 feet east of an iron pin in the center of the Westerville Pike (32 C Highway) being the southeast corner of sub-lot No. 5 of this subdivision; Thence N. 5 degrees E. with East line of said sub-lot No. 5, 408.25 feet to an iron pin (passing an iron pin twenty feet North of the center of the township line road) thence South 85 degrees east on a line parallel with the center line of the said township line road 106.7 feet to an iron pin; thence South 5 degrees west on a line parallel with the West line 408.25 feet to the center of said road (passing an iron pin twenty feet North of the center of the road); Thence north 85 degrees west with the center of said road 106.7 feet to the place of beginning, containing one (1) acre, more or less, and being known as sub-lot Number six (6).
EXCEPTING THEREFROM THE FOLLOWING:
Situated in the State of Ohio, County of Franklin, Township of Blendon, City of Columbus, Quarter Township 3, Township 23, Range 17 West, United States Military Lands and being part of a 1.000 tract conveyed to Charles R. Jones by O.R. 28129, Page B03 of the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning at a appoint on the center line of Morse Road (C.R. 17) at the Southeasterly corner of said 1.000 acre tract, said point being S. 86 degrees 10 minutes 20 seconds east, a distance of 1155.76 feet form a railroad spike found at the intersection of Morse Road and Westerville Road (S.R. 3), said point being THE TRUE POINT OF BEGINNING.
Thence North 86 degrees 10 minutes 20 seconds west, a distance of 106.61 feet along said center line to a point on Morse Road center line of Survey Station 64+17.99;
Thence North 03 degrees 49 minutes 40 seconds east, a distance of 60.00 feet leaving said center line and along the Easterly line of a 1.000 acre tract conveyed to Larry S. Hartman and Linda L. Hartman by Instrument Number 199803050051047 to a point 60.00 feet left of Morse Road center line of Survey Station 64+17.99;
Thence South 03 degrees 49 minutes 40 seconds west, a distance of 60.00 feet, passing through an iron pin found 20.40 feet to the true point of beginning and containing 0.147 acres, more or less, from Auditor's Parcel Number 115-158420, including the present road which occupies 0.098 acres, more or less, leaving a net take of 0.049 acre, more or less. Subject to all legal highways, easements and restrictions of record.
The basis of bearing of South 85° 48' 31" east is based on the centerline of Morse Road as shown on roadway plans for Franklin County Morse Road Section D on file with the Franklin County Engineer's Office.
This description is based on a survey and existing records in 1995 under the direction and supervision of Abdul-Wadood A. Halder, P.S. #6350 of CLYDE E. WILLIAMS & ASSOCIATES, INC.
Grantor claims title by instrument(s) of record in O.R. 28129, Page B03 of the Franklin County Recorder's Office.
PARCEL II
Military Lands, located in Blendon Township, Franklin County, Ohio, being the land heretofore deeded by Drusilla Burk to Ralph Edward Burk by Gene Burk by deed recorded in Deed Book 1112, Page 55, Recorder's Office, Franklin County, Ohio, described more particularly as follows:
Beginning at a point in the center of the township line road (Moore and Morse Road) on the line between Blendon Township on the north and Mifflin Township on the South, being 1158 feet east of an iron pin the center of the Westerville Pike (3 C Highway), being the southeast corner of sub lot 6 of this subdivision;
Thence North 5 degrees east, with the east line of said sub lot No. 6 408.25 feet to an iron pin (passing an iron pin 20 feet north of the center of said road);
Thence South 85 degrees east, on a line parallel with the center line of said township line road 106.7 feet to an iron pin;
Thence South 5 degrees west, on a line parallel with west line 408.25 feet to the center of said road (passing an iron pin 20 feet north of the center of said road);
Thence North 85 degrees west, with the center of said road, 106.7 feet to the place of beginning, containing one (1) acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of a 1.000 acre tract conveyed to the Charles R. Jones OR. 28123, Page B03, Franklin County Recorder Records.
Beginning at a point in the intersection of Westerville Pike and Morse Road; thence south 85 degrees 00 minutes 00 seconds B. following the center line of Morse Road, a distance of 1051.30 feet to a point;
Thence North 05 degrees 00 minutes 00 seconds E. following the easterly line of a 1.000 acre tract conveyed to Four Star Investment Company, a distanced of 40.00 feet to a P. K. nail being in the northerly right-of-way of Morse Road, said P.K. nail being the true point of beginning.
Thence North 5 degrees 00 minutes 00 seconds East following the easterly line of a 1.000 acre tract conveyed to Four Star Investment Company, a distance of 20.00 feet to a point;
Thence South 85 degrees 00 minutes 00 seconds East crossing the 1.000 acre tract conveyed to Charles R. Jones, a distance of 106.70 feet to a point;
Thence South 058 degrees 00 minutes 00 seconds West following the westerly line of a 1.600 acre tract conveyed to Larry E. and Linda L. Hartman, a distance of 20.00 feet to an iron pin in the Northerly right-of-way line of Morse Road;
Thence North 85 degrees 00 minutes 00 seconds West following the northerly right of line or Morse Road, a distance of 106.70 feet to the point of beginning, containing 2134 sq. ft. more or less.
PARCELL III
Being in Quarter Township 3, Township 2, Range 17, U.S.M. Lands and bounded and described as follows:
Beginning at an iron pipe found in the west line of the Paul F. and Angeline Calderone 1.6 acre tract, said iron pipe being North 5 degrees east 408.25 feet from the centerline of Morse Road;
Thence along the north line of the 1 acre Brown tract, North 85 degrees west 106.7 feet to the northwest corner of said tract;
Thence along the west line of said tract produced, north 5 degrees east, 247.66 feet to an iron pipe;
Thence South 83 degrees east, 106.7 feet to an iron pipe found at the northwest corner of the Calderone Tract;
Thence along the west line of said tract, south 5 degrees west 247.66 feet to the pace of beginning, containing 0.60 acres more or less.
To Rezone From: L-C-4, Limited 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 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 plans being titled, "SITE PLAN - FAMILY DOLLAR," and text titled, "DEVELOPMENT TEXT," signed by David B. Perry, Agent, and Donald Plank, Attorney, dated June 18, 2013, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
2.21 +/- acres
EXISTING DISTRICT: L-C-4, Limited Commercial
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 3224 Morse Road, Columbus, OH 43231
OWNER: 3224 Morse Road LLC c/o Dave Perry, Agent, David Perry Co., Inc., 145 East Rich Street, FL 3, Columbus, OH 43215 and Donald Plank, Attorney, Plank Law Firm, 145 East Rich
Street, FL 3, Columbus, OH 43215
APPLICANT: Core Resources, Inc. c/o Dave Perry, Agent for Applicant, David Perry Co., Inc., 145 East Rich Street, FL 3, Columbus, OH 43215 and Donald Plank, Attorney, Plank Law Firm, 145 East Rich Street, FL 3, Columbus, OH 43215
DATE OF TEXT: June 18, 2013
APPLICATION NUMBER: Z13-029
INTRODUCTION:
The subject property ("Site") is 2.21 + acres located on the north side of Morse Road, 1,050' +/- feet east of Westerville Road. The site was rezoned to the L-C-4 District in 1998 (Z97-075) but is undeveloped. Applicant proposes to rezone the site to permit an 8,400 sq. ft. retail commercial use and future development. The site plan titled "Site Plan - Family Dollar", hereafter "Site Plan", dated 06-18-13, is submitted as the site development plan for the first phase retail use for the property.
1. PERMITTED USES: All uses permitted in Columbus City Code Chapter 3356, C-4, Commercial District, except Bar, Billboards, Bowling Center, Cabaret, Drive-in motion picture theater, funeral home, public parking, motor bus terminal, nightclub, Off-premise Graphics, other than as permitted by the Graphics Commission, and Outdoor Amphitheater.
2. DEVELOPMENT STANDARDS: The applicable development standards shall be as specified in Chapter 3356, C-4, Commercial District, Chapter 3312, Off-Street Parking and Loading, Chapter 3321, General Site Development Standards and Chapter/Sections 3372.800-3372.809, except as specifically set forth herein and depicted on the Site Plan.
A. Density, Height, Lot and/or Setback Commitments.
1.There shall be a minimum twenty (20) foot wide building and parking setback along the east property line extending from the south property line (Morse Road) to a point 225 feet south of the north property line, as depicted on the Site Plan.
2.There shall be a minimum five (5) foot wide building and parking setback along the west property line abutting 3216 Morse Road (PID: 115-158424). This setback may be crossed with pavement for connection to the abutting parcel to the west (See B.2).
3. Vehicular connection(s) with the abutting property to the west (PID: 115-158424, 3216 Morse Road) may be made at the discretion of the property owners, notwithstanding A.2., in addition to any connection required by B.2.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. A single full-turning movement curbcut shall be permitted. The curbcut shall be aligned with the existing driveway for 3237 Morse Road (PID: 010-204257), located on the south side of Morse Road and as depicted on the Site Plan.
2. The abutting parcel (PID: 115-158424, 3216 Morse Road) to the west is presently in Blendon Township. Upon annexation to the City of Columbus and upon redevelopment of 3216 Morse Road, vehicular access for 3216 Morse Road shall be provided across 3224 Morse Road for access to and use of the full-turning curbcut on the subject site (3224 Morse Road). Applicable easement(s) for use and maintenance of the curbcut shall be provided between the property owners of 3216 Morse Road and 3224 Morse Road at no cost. An illustrative location for the vehicular connection is depicted on the Site Plan. The actual location will be determined by the property owners and the City of Columbus in conjunction with the Site Compliance Plan review process when PID: 115-158424, 3216 Morse Road, meets the criteria established herein for vehicular connection to 3224 Morse Road. If parking spaces adjacent to the west property line of 3224 Morse Road are eliminated to make one or more vehicular connections between 3216 and 3224 Morse Road, parking spaces removed for the vehicular connection(s) shall be treated as non-required parking spaces. Only one (1) vehicular connection between 3216 and 3224 Morse Road is required when conditions herein are met, but more than one (1) connection may be provided.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Within the east 20 foot setback, a fence (6', 75% opaque) and a double row of columnar evergreen plant material, such as 'Emerald Green' Arborvitae, or similar, shall be provided. The two (2) rows of evergreen plant material shall be planted on four (4) foot alternating centers. Both the fence and the evergreen plant material shall be installed, at a minimum, from the 80 foot building setback line north to a point 225 feet south of the northeast corner of the property. There is an existing six (6) foot wood shadow-box style fence on the east property line. The existing fence may meet the fence requirements established herein, unless it needs to be extended to meet the total required length of the screening fence, or applicant my elect to replace part or all of the entire existing fence. With the construction of the Family Dollar store, the plant material shall be installed from the 80 foot building setback line to a point fifty (50) feet north of the north wall of the Family Dollar store. The remainder of evergreen planting in the east buffer setback shall be placed when future development north of the Family Dollar store occurs. A sidewalk crossing the 20 foot setback to provide a pedestrian connection to the residential property (Chateau Morse Condominiums) to the east is permitted if such connection is permitted by the property owner(s) to the east.
2. The west five (5) foot buffer strip shall be maintained in live plant material, except as permitted for vehicular connection(s) to the west. The east edge of the west parking setback shall have a curb (8" +/- tall, typical) along the west row of parking for Family Dollar, as depicted on the Site Plan and being approximately 160 +/- feet north of Morse Road.
3. A street tree row shall be established along Morse Road. The street tree row shall require trees at the minimum rate of one (1) tree for every 40 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
4. There shall be no use of the site located within 225' of the north property line, as depicted on the Site Plan, other than for Stream Corridor Protection Zone (SCPZ), buffer setback, storm water detention, underground utility crossings, if any, and open space.
D. Building Design and/or Interior-Exterior Treatment Commitments.
There shall be no opening(s) on the east elevation of any building, other than as may be required by the Ohio Building Code (OBC).
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
The south wall of the dumpster enclosure for the Family Dollar building shall be a minimum of eight (8) feet tall.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4 Commercial District and the Morse Road Regional Commercial Overlay or any variance to the applicable requirements of the C-4 District and/or Morse Road Regional Commercial Overlay, shall be submitted to the Columbus Graphics Commission. All ground-mounted signage shall be monument-style.
G. Modifications.
1. 3312.25, Maneuvering, to permit parking spaces to have maneuvering area divided by a property line, while total code required maneuvering area shall comply and applicable easements(s) shall be provided.
2. 3312.09, Aisle, to permit an aisle to be divided by a property line, while total code required aisle width shall comply and applicable easements(s) shall be provided.
3. 3312.49, Minimum number of Parking Spaces Required, which Section establishes various parking requirements based on land use, while applicant may split the site, with both sites using the single permitted curbcut. Total on-site parking on the overall site shall comply with the applicable number of total parking spaces, but, if the site is split, the two (2) individual parcels may not separately comply with required parking within the property line of each parcel. Vehicular connection(s) to the west (Section B.2) may eliminate parking spaces depending on where the connection(s) is made. Any parking spaces eliminated due to vehicular connection(s) to the west shall be considered non-required parking spaces and, as such, shall not be required to be replaced elsewhere on the site.
4. 3372.807(E), Landscaping and Screening to permit a dumpster to be located on the west side of a building, rather than the north side (rear), as depicted on the Site Plan.
H. Other CPD Requirements
1.Natural Environment: The natural environment of the site is flat.
2. Existing Land Use: The property is undeveloped.
3. Circulation: Access to and from the site shall be via Morse Road.
4. Visual Form of the Environment: Morse Road is seven (7) lane arterial right of way heavily developed with commercial uses.
5. Visibility: The site is visible from Morse Road.
6. Proposed Development: Commercial development.
7. Behavior Patterns: Vehicular access from Morse Road and future and internal circulation with adjacent commercial property to the west.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
I. Miscellaneous Commitments.
1. Development of the first phase of the site shall be in accordance with the plans titled "Site Plan - Family Dollar", dated 06-18-13 and signed 06-18-13 by David B. Perry, Agent, and Donald Plank, Attorney. The site development depicted on the "Site Plan-Family Dollar" may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the drawing shall be reviewed and may be approved by the Director of the Building and Zoning Services Department or his designee upon submission of the appropriate data regarding the proposed adjustment. There may also be additional development of the property north of the retail store (Family Dollar) development area generally in the area marked "Future Development" on the Site Plan. The retail store area depicted on the Site Plan may be split from the remainder of the site and/or the Future Development area may be split from the retail store area. Any development of the Future Development area is subject to applicable use restrictions and site development standards contained herein and depicted on the Site Plan, but is not otherwise restricted by this text or depiction of the area on the Site Plan.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.