Explanation
Rezoning Application Z23-060
APPLICANT: Imed Realty, LLC; c/o Donald T. Plank, Atty.; Plank Law Firm; 411 East Town Street, Floor 2; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on April 11, 2024.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District will update the allowable uses for this site to include limited C-4 and C-5 uses. The CPD text establishes appropriate use restrictions and includes supplemental development standards addressing building and parking setbacks, site access, and screening. The requested CPD district will allow uses that are consistent with the South Alum Creek Neighborhood Plan’s (2004) recommendation for “Office and Retail Commercial” uses at this location. Additionally, the text includes a commitment to develop the site in accordance with the submitted site plan, which demonstrates additional landscaping and screening, consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To rezone 3925 ALUM CREEK DR. (43207), being 0.90± acres located at the southeast corner of Alum Creek Drive and Williams Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z23-060).
Body
WHEREAS, application #Z23-060 is on file with the Department of Building and Zoning Services requesting rezoning of 0.90± 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 Far South Columbus Area 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 is consistent with the South Alum Creek Neighborhood Plan’s recommendation of “Office and Retail Commercial” land uses, and includes site design elements consistent with C2P2 Design Guidelines; 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:
3925 ALUM CREEK DR. (43207), being 0.90± acres located at the southeast corner of Alum Creek Drive and Williams Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 18, Township 11, Range 21, Mathews Survey of Congress Lands, being part of Reserve "B" of Madison Mills as the same is delineated upon the recorded plat thereof, of record in Plat Book 49, Page 102, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a found iron pin at the centerline intersection of Alum Creek Drive with Williams Road (80 feet wide), as said intersection is shown on the plat of said Madison Mills; thence, along the centerline of Alum Creek Drive, South 03 degrees 51 minutes 56 seconds West, 62.44 feet to a point; thence, perpendicular to the last described line, South 86 degrees 08 minutes 04 seconds East, 60.00 feet to a set iron pipe at a point of curvature in the east line of said Alum Creek Drive, west line of Reserve "B" and the true point of beginning of this description;
Thence, along the arc of a curve to the right having a radius of 30.00 feet, tangent of 27.51 feet, delta angle of 85 degrees 02 minutes 16 seconds, chord bearing and distance of North 46 degrees 22 minutes 49 seconds East, 40.55 feet to a set iron pipe at a point of tangency; thence, along the southerly line of said Williams Road and part of the northerly line of said Reserve "B", North 88 degrees 53 minutes 45 seconds East, 90.29 feet to a set iron pipe at a point of curvature; thence continuing along said line and the arc of a curve to the left having a radius of 994.93 feet, tangent of 36.63 feet, delta angle of 04 degrees 13 minutes 0 I seconds and chord bearing and distance of North 86 degrees 47 minutes 14 seconds East, 73.21 feet to a set iron pipe;
Thence, across said Reserve "B" and along a line parallel with and 190.00 feet easterly of, as measured at right angles to, the westerly line of said Reserve "B" (easterly line of said Alum Creek Drive), South 03 degrees 51 minutes 56 seconds West, 254.22 feet to a set iron pipe; thence, across said Reserve "B", North 86 degrees 08 minutes 04 minutes West, 190.00 feet to a set iron pipe in the Westerly line of said Reserve "B" (easterly line of said Alum Creek Drive); thence, along part of the westerly line of said Reserve "B" and the easterly line of said Alum Creek Drive, North 03 degrees 51 minutes 56 seconds East, 207.49 feet to the point of beginning, containing 1.059 acres.
Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579", unless otherwise noted. Basis of bearing is the centerline of Thimbleberry Road as South 86 degrees 06 minutes 37 seconds east, as shown on said Plat Book 49, Page 102.
LESS AND EXCEPT that parcel conveyed in Instrument No. 200911230168195, as further described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 18, Township 11 North, Range 21 West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of that 1.059 acre tract as conveyed to United Dairy Farmers, Inc., by deed of record in Official Record 13496, Page D 19, and being a part of Reserve "B" of Madison Mills Section 1, as recorded in Plat Book 49, Page 102, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land located on the right side of the Plat of the Centerline of Right of Way of FRA-C.R. 122-4.14;
Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right of way centerline of Williams road (County Road 123), with the existing right of way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of station 76+49.63; thence South 03 degrees 47 minutes 12 seconds West, a distance of 62.63 feet along the existing right of way centerline of said Alum Creek Drive, to a point in said centerline, being 0.00 feet right of station 75+87.00;
Thence South 86 degrees 12 minutes 48 seconds East, a distance of 60.00 feet, perpendicular to the existing right of way centerline of said Alum Creek Drive, to a point in the existing easterly right of way line of said Alum Creek Drive, being 60.00 feet right of station 75+87.00, and being the point of true beginning; thence with a curve to the right, along a northwesterly line of said 1.059 acre tract, and along the existing easterly right of way line of said Alum Creek Drive, having a radius of 30.00 feet, a central angle of 85 degrees 09 minutes 20 seconds, a chord direction of North 46 degrees 21 minutes 52 seconds East, and a chord distance of 40.60 feet, to a point of tangency in the existing southerly right of way line of Williams Road, being 87.47 feet right of station 76+16.90; thence North 88 degrees 56 minutes 32 seconds East, a distance of 34. 70 feet along a northwesterly line of said 1.059 acre tract, and along the southerly line of said Williams Road, to an iron pin set at the intersection with the new easterly right of way line of said Alum Creek Drive, being 122.04 feet right of station 76+19.83;
Thence with a curve to the left, across said 1.059 acre tract, across said Reserve "B" of Madison Mills Section 1, and along the new easterly right of way line of said Alum Creek Drive, having a radius of 35.00 feet, a central angle of 85 degrees 09 minutes 20 seconds, a chord direction of South 46 degrees 21 minutes 52 seconds West, and a chord distance of 47.36 feet, to an iron pin set at a point of tangency in the new easterly right of way line of said Alum Creek Drive, being 90.00 feet right of station 75+84.95;
Thence South 03 degrees 47 minutes 12 seconds West, a distance of 205.50 feet across said 1.059 acre tract, across said Reserve "B" of Madison Mills Section 1, and along the new easterly right of way line of said Alum Creek Drive to an iron pin set in the southerly line of said 1.059 acre tract, being 90.00 feet right of station 73+ 79 .46; thence North 86 degrees 06 minutes 19 seconds West, a distance of 30.00 feet along the southerly line of said 1.059 acre tract, and across said Reserve "B" of Madison Mills Section 1, to the southwest comer of said 1.059 acre tract, being 60.00 feet right of station 73+79 .51;
Thence North 03 degrees 47 minutes 12 seconds East, a distance of 207.49 feet along the existing easterly right of way line of said Alum Creek Drive, and along the westerly line of said 1.059 acre tract, to the Point of True Beginning, containing 0.164 acres, more or less, of which 0.000 acres, more or less, lies within the present road occupied.
The bearing datum of the afore-described parcel is based on the bearing of North 03 degrees 47 minutes 12 seconds East, for the centerline of Alum Creek Drive, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820, and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83. This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on March 16, 2007 by Tim A. Baker, Registered Surveyor 7818. Iron pins set are ¾ inches in diameter by 30 inches long with a 1 ½ inch aluminum cap placed on top, bearing the name "ODOT R/W" and R D ZANDE & ASSOC."
To Rezone From: CPD, Commercial Planned Development 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 official 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 site plan being titled, “CONCEPTUAL SITE PLAN,” dated April 2, 2024, and text titled, “DEVELOPMENT TEXT,” dated April 3, 2024, both signed by Craig Moncrief, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
EXISTING ZONING: CPD, Commercial Planned Development District
PROPOSED ZONING: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 3925 Alum Creek Drive
APPLICANT: Imed Realty, LLC c/o Donald T. Plank, Esq., Plank Law Firm, LPA
OWNER: United Dairy Farmers, Inc.
DATE OF REVISED TEXT: April 3, 2024
INTRODUCTION:
The 0.895 +/- acre property is located on the southeast corner of Williams Road and Alum Creek Drive (the "Property"). The Property is currently zoned CPD, Commercial Planned Development District and permits convenience store, retail sales of gasoline, carry-out, and most C-4 permitted uses. Applicant is requesting to rezone the unimproved Property to the CPD, Commercial Planned Development District to permit C-4 and C-5 uses, with exceptions. The rezoning will also modify some of the current access and landscaping commitments that are no longer feasible. The site plan titled Conceptual Site Plan, dated April 2, 2024 (the "Site Plan"), is submitted with this application and depicts many of the commitments made as part of this rezoning.
The Property is recommended for "Office and Retail Commercial" uses under the South Alum Creek Neighborhood Plan. The proposed rezoning supports the recommendation of the South Alum Creek Neighborhood Plan and will provide a commercial amenity at a critical intersection.
1. PERMITTED USES: Permitted uses shall be all uses of Section 3357.01, C-5 Commercial District, and 3356.03, C-4 Commercial District, except for the following uses:
a. Automobile service stations;
b. Check cashing and loans;
c. Pawn brokers;
d. Automotive maintenance and repair;
e. Ohio marijuana control program retail dispensary;
f. Halfway house; and
g. Retail fuel sales and filling stations shall be prohibited unless a future Traffic Access Study is approved pursuant to Section 2.B.2 of this Development Text.
2. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Site Plan or in this text, the applicable development standards shall be those standards contained in Chapter 3356, C-4 Commercial District, Chapter 3312, Off-Street Parking and Loading, and Chapter 3321, General Site Development Standards, of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments.
1. Height District shall be H-35, with height as defined in Columbus City Code Section 3303.08; Letter H.
2. The building setbacks from Williams Road and Alum Creek Drive shall be a minimum of twenty-five (25) feet.
3. The parking setbacks from Williams Road and Alum Creek Drive shall be a minimum of ten (10) feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Except for retail fuel sales and filing stations, site access shall be as depicted on the Site Plan.
2. For retail fuel sales and filing stations, a future Traffic Access Study must be completed and approved by the City of Columbus, Department of Public Service. Access for these uses shall be as provided in the approved Traffic Access Study and subject to any necessary commitments determined by the approved Traffic Access Study.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
Screening shall be provided from the residential properties to the east as depicted on the Site Plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
N/A.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
Dumpsters shall be located as generally depicted on the Site Plan.
F. Graphics and Signage Commitments.
All graphics shall conform to the Columbus Graphics Code, as it applies to the C-4, Commercial District. Any variance to applicable sign standards shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements.
1. Natural Environment: The Property is located on the southeast comer of the intersection of Williams Road and Alum Creek Drive.
2. Existing Land Use: The Property is currently vacant.
3. Circulation: Vehicular access shall be as depicted on the Site Plan.
4. Visual Form of the Environment: The proposed uses are appropriate for the location, as designated by the South Alum Creek Neighborhood Plan. The Property is surrounded by a shopping center to the south, apartments to the east, and gas stations with convenience stores to the west and north.
5. Visibility: This Property is visible from Williams Road and Alum Creek Drive.
6. Proposed Development: Commercial development with surface parking and landscaping, as permitted by this text and depicted on the Site Plan.
7. Behavior Patterns: Vehicular access shall be as depicted on the Site Plan.
8. Emissions: The development will conform to City of Columbus requirements as further controlled by development standards of this text. There will be no objectionable emissions.
H. Modification of Code Standards.
N/A
I. Miscellaneous Commitments.
1. The owner or lessee of any abandoned service station, filling station, or fuel sales establishment ( one which has ceased operations or is closed to the public for at least six (6) months in any twelve (12) month period) on the Property shall, within seven (7) days of the beginning of the closure period referred to herein:
a. Install wheel blocks, firmly attached, across the driveway entrance to the service station to prohibit unauthorized vehicle parking or abandonment of motor vehicles;
b. Shall remove all signs and pumps;
c. Shall board up all windows, garage doors and entrances to prevent the breakage of glass and the unauthorized entrance therein;
d. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks; and
e. Shall during the closure period cut all grass, remove all rubbish and weeds and continue such maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
2. Development of the Property shall be in accordance with the Site Plan, signed by Craig Moncrief, Attorney for Applicant. The Site Plan 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 Site Plan 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 date regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.