Explanation
Rezoning Application # Z08-064
APPLICANT: Columbus Southern Power Co.; c/o Robert A. Meyer, Jr., Atty.; Porter Wright Morris & Arthur LLP; 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Electric substation.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 12, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.53± acre site is comprised of two parcels, one of which is developed with an electric substation in the C-4, Commercial District, and the other is a vacant lot in the R-3, Residential District formerly developed with a single-family dwelling. The requested CPD, Commercial Planned Development District will conform the existing electric substation and allow for expanded vehicular access. The substation will be the only use permitted on this site, and the CPD plan and text provide development standards for setbacks, site access, landscaping and fencing, and lighting controls. The requested CPD, Commercial Planned Development District is consistent with the zoning and development patterns of the area.
Title
To rezone 3034 EAST LIVINGSTON AVENUE (43227), being 0.53± acres located at the northeast corner of East Livingston Avenue and James Road, From: C-4, Commercial, and R-3, Residential Districts, To: CPD, Commercial Planned Development District (Rezoning # Z08-064).
Body
WHEREAS, application #Z08-064 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.53± acres from C-4, Commercial, and R-3, Residential Districts 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 will conform the existing electric substation and allow for expanded vehicular access. The substation will be the only use permitted on this site, and the CPD plan and text provide development standards for setbacks, site access, landscaping and fencing, and lighting controls. The requested CPD, Commercial Planned Development District is consistent with the zoning and development patterns of 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:
3034 EAST LIVINGSTON AVENUE (43227), being 0.53± acres located at the northeast corner of East Livingston Avenue and James Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Half Section 29, Section 18, Township 12, Range 21, Refugee Lands, and being all of Lot 6 (0.156 acres, Parcel ID: 010-095783) of the Schaffner Addition, as recorded in Plat Book 22, page 84 conveyed to Fifth Third Mortgage, as recorded in Instrument 200710180182088, 0.26 acres of a 0.350 acre tract (Parcel ID: 010-024750) conveyed to Columbus and Southern Ohio Electric Company, as recorded in Volume 1500, page 22, and 0.110 acres of a 0.298 acre tract (Parcel ID: 010-024750) conveyed to Columbus and Southern Ohio Electric Company, as recorded in Deed Book 1145, page 478, all references contained herein are to Franklin County Recorder's records, Franklin County, Ohio, and being shown on Exhibit "A" attached hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning at a 5/8 inch rebar and cap set in concrete at the northwesterly corner of said Lot 6, the southwesterly corner of a tract of land conveyed to Eileen Y. Crenshaw (Lot 5) as recorded in Instrument No. 200010050203058, and on the easterly right-of-way line of James Road;
thence, S 85° 48' 19" E, 125.12 feet running with the northerly line of said Lot 6 and the southerly line of said Lot 5 to a 5/8 inch rebar and cap set at the northeasterly corner of said Lot 6, the southeasterly corner of said Lot 5 and on the westerly line of a 2.659 acre tract conveyed to Schottenstein Trustees, as recorded in Official Record 5320-I20 and 5320-J16;
thence, S 04° 26' 44" W, 185.35 feet passing a 5/8 inch rebar and cap set at 54.18 feet at the southeasterly corner of said Lot 6, on the westerly line of said 2.659 acre tract and at the northeasterly corner of said Columbus and Southern Ohio Electric Company 0.350 acre tract to a 5/8 inch rebar and cap set on the easterly line of said Columbus and Southern Ohio Electric 0.350 acre tract, on the westerly line of said Schottenstein Trustees 2.659 acre tract and at the northeasterly corner of a 1349 square foot tract of land conveyed to the City of Columbus, as recorded in Volume 2327, page 187;
thence, N 85° 48' 16" W, 106.22 feet running with said Livingston Avenue northerly right-of-way line to 5/8 inch rebar and cap set at the southeasterly corner of a 1548 square foot tract conveyed to the City of Columbus, as recorded in Volume 2625, page 499;
thence, N 10° 29' 52" W, 111.64 feet to a 5/8 inch rebar and cap set at the northerly corner of said City of Columbus 1548 square foot tract and on the easterly right-of-way of James Road;
thence, N 04° 21' 44" E, 23.18 feet to a 5/8 inch rebar and cap set on the easterly line of said James Road right-of-way and on the northerly line of said Columbus and Southern Ohio Electric Company 0.350 acre tract;
thence, S 85° 48' 16" E, 10.00 feet to a 5/8 inch rebar and cap set in concrete on the easterly right-of-way line of James Road, the northerly line of said Columbus and Southern Ohio Electric Company 0.350 acre tract, and at the southeasterly corner of said Lot 6;
thence, N 04° 21' 44" E, 54.18 feet running with said James Road easterly right-of-way line and the westerly line of said Lot 6 to the point of beginning and containing 0.526 acres of land, more or less, being subject to all legal streets, highways, right-of-ways, alleys, easements, agreements and/or conditions of record, if any.
The bearings shown hereon are based on a bearing of S 04° 26' 44" W, for the easterly line of the Schaffner Addition (Plat Book 22, page 84) as determined by measurements and computations based on the Ohio State Plane Coordinate System NAD 83, Ohio South Zone.
All pins set are 5/8" x 30" long with a 1" yellow plastic cap stamped "Central Surv. Co., Ltd." unless otherwise noted.
To Rezone From: C-4, Commercial, and R-3, Residential Districts,
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 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, "SITE PLAN," signed by Stephen A. Hurt, Architect, and text titled, " CPD DEVELOPMENT PLAN TEXT," signed by Robert A. Meyer, Jr., Attorney for the Applicant, both dated April 20, 2009, and the text reading as follows:
CPD DEVELOPMENT PLAN TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 3034 Livingston Avenue (43227)
OWNER: Columbus Southern Power Company
APPLICANT: Columbus Southern Power Company
DATE OF TEXT: April 20, 2009
APPLICATION NUMBER: Z08-064
I. Introduction:
The land being rezoned by this application to the CPD, Commercial Planned Development District, is 0.526 +/- acres at the northeast corner of James Road and Livingston Avenue, said property more particularly described in the legal description submitted as part of the application (the Property"). The southern portion of the Property has been an electric substation for over fifty years, and is a longstanding nonconforming use in the C-4 District. The northern 0.156 acre portion of the Property was acquired earlier this year to provide for safer access to the site and parking. This CPD zoning will establish an appropriate overall zoning for the Property.
II. Permitted Uses:
The permitted uses shall be an electric substation and uses customarily accessory thereto.
III. Development Standards:
Except as otherwise modified herein, the development standards established by the I-Institutional District shall apply.
A. Density, Height, Lot and/or Setback Commitments:
The existing lawful nonconforming substation use is located on a small site in a developed area. The height requirement of Section 3349.04(a) of the Columbus Zoning Code (thirty-five feet) shall apply, but the area and yard regulations of Section 3349.04(b) and (c) of the Columbus Zoning Code can not be met given the configuration of the site and existing development, and accordingly shall not apply. Setbacks and yard area shall be as shown on the CPD Site Plan submitted with this CPD Development Plan Text.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments:
Access shall be as shown on the CPD Site Plan. A new gated access to the substation area from the northern portion of the site will be provided. The existing gated access to the substation area facing James Road will be maintained, but used only for emergency purposes. The existing access from East Livingston Avenue will be maintained. Additional parking will be made available north of the fenced area shown on the CPD Site Plan. This parking is intended to be occasional and limited as the substation is not manned on a daily basis. Principal vehicular access to the site will occur through the paved area north of the fenced area as shown on the CPD Site Plan off James Road.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
Buffering shall be as shown on the CPD Site Plan, and shall consist of a existing six foot wood fence along the eastern part of the north boundary of the site, an extension of that fence as shown on the CPD Site Plan along the south wall of the single family residence to the north, and existing fencing and an existing wall along the eastern, southern and part of the western sit perimeter, all as shown on the CPD Site Plan. New plantings will be of the species, size (at time of planting), and location as shown on the CPD Site Plan. New plantings that fail to survive shall be replaced with similar material within six months, weather permitting. Existing trees are also shown on the CPD Site Plan and will be retained.
D. Building Design and/or Interior-Exterior Treatment Commitments.
No specific commitments.
E. Lighting and/or Other Environmental Commitments:
Site lighting currently exists within the fenced area of substation equipment, and is not planned to be changed. The Applicant does not currently intend to install additional lighting; however, any additional new lighting or fixtures added to replace any existing fixtures shall be fully shielded, recessed, and directed downward to enhance safety without glare, hot spots, or spillover into adjacent properties.
F. Graphics and/or Signage Commitments:
All signage and graphics shall conform to the Columbus Graphics Code as it applies to the I-Institutional District. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
IV. CPD Requirements:
A. Natural Environment: The Property is located at the northeast corner of James Road and Livingston Avenue. The surrounding James/Livingston area is fully developed, with C-4 Commercial uses on the other three corners (and farther east on the south side of Livingston), an existing apartment development in the AR-O District immediately to the east, multifamily uses in the AR-2 District to the west across James Road, and a single family home fronting James Road in the R-3 District immediately to the north.
B. Existing Land Use: The southern portion of the site has been an electric substation use for many years. The northern part had been the site of an abandoned residence until acquired by the Applicant several months ago.
C. Proposed Use: The proposed use is, as noted above, the existing electric substation use on the southern portion of the site, and an open and partially paved area on the northern portion of the site to improve access and add a small amount of parking, all as shown on the CPD Site Plan.
D. Transportation and Circulation: See Item III.B, above.
E. Visual Form of the Environment: The Property is located along the southern portion of that segment of Worthington Road developed with office and commercial uses supporting the larger Polaris development.
F. View and Visibility: The Property is visible from both James Road and Livingston Avenue.
G. Behavior Patterns: The existing substation use will continue to serve the electric power needs of the surrounding area, with improved access and parking.
H. Emissions: There will be no air emissions from the proposed development.
I. Variances: The I-Institutional District requirements that are being varied by this CPD zoning are the requirements for a minimum site of 1 acre (C.C. 3349.04(b)), and the minimum setback (50 feet), side yard (20 feet) and rear yard (50 feet) (C.C. 3349.04(c)). The overall site is .526 acres, and the setbacks and yard areas are as shown on the CPD Site Plan. Additionally, the Applicant is utilizing the existing drive from James Road as shown on the CPD Site Plan, which is approximately 8 feet in width as it crosses the sidewalk, less than the required 20 feet.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.