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File #: 1514-2003    Version:
Type: Ordinance Status: Consent
File created: 6/3/2003 In control: Zoning Committee
On agenda: 7/14/2003 Final action: 7/16/2003
Title: To rezone 4466 MORSE ROAD (43230), being 1.05± acres located on the north side of Morse Road, 398± feet east of Sleaford Avenue, From: L-C-2, Limited Commercial District, To: CPD, Commercial Planned Development District. (Rezoning #Z02-095) and to declare an emergency.
Attachments: 1. ORD1514-2003site1.tif, 2. ORD1514-2003stfrpt.pdf, 3. ORD1514-2003landusemap1.tif, 4. ORD1514-2003landusemap2.tif, 5. ORD1514-2003prjdscl.tif, 6. ORD1514-2003site2.tif, 7. ORD1514-2003labels1.tif, 8. ORD1514-2003NCCRec.tif, 9. ORD1514-2003.zone.pdf, 10. ORD1514-2003gis.pdf
Explanation
 
APPLICANT:  D. Greg Masters; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
      
PROPOSED USE:  Office development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4 -0) on January 9, 2003.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development District would permit carefully controlled office uses consistent with established zoning and development patterns of the area.
 
 
 
Title
 
To rezone 4466 MORSE ROAD (43230), being 1.05± acres located on the north side of Morse Road, 398± feet east of Sleaford Avenue, From: L-C-2, Limited Commercial District, To: CPD, Commercial Planned Development District. (Rezoning #Z02-095) and to declare an emergency.
 
 
Body
 
WHEREAS, application #Z02-095 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.05± acres from L-C-2, Limited Commercial District to CPD, Commercial Planned Development District;
 
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 would permit carefully controlled office uses consistent with established zoning and development patterns of the area and  now, therefore;
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to proceed with building permit submittal for the preservation of the public health,  peace,  property,  safety,  and welfare; 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:
 
4466 MORSE ROAD (43230), being 1.05± acres located on the north side of Morse Road, 398± feet east of Sleaford Avenue and being more particularly described as follows:
 
DESCRIPTION OF 1.047 ACRE TRACT AT 4466 MORSE ROAD, COLUMBUS, OHIO
 
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 2 North, Range 17 West, United States Military Lands, and being all of the residual of an original 1.267 (now 1.047 ac.) acre tract of land conveyed to D. Greg Masters by deed of record in Instrument 199711170145267, all references to Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
 
Beginning, for reference, at Franklin County Monument No. 6616 found at the intersection of the centerline of Morse Road with the centerline of North Hamilton Road;
 
thence WEST along the centerline of Morse Road a distance of 2,507.09 feet to a point at the southwest corner of a 0.220 acre tract of land conveyed out of said original 1.267 acre tract to City of Gahanna for right-of-way purposes by deed of record in Instrument 199905180125357 and at the southeast corner of a 0.380 acre tract of land conveyed to City of Gahanna for right-of-way purposes by deed of record in Instrument 199908170208845, said 0.380 acre tract having been conveyed out of an original 5.574 acre tract of land conveyed to St. Luke Lutheran Church by affidavit of record in Official Record 20976, Page G 20;
 
thence N 0° 25' 20" W along the east line of said 0.380 acre tract and along the west line of said 0.220 acre tract a distance of 60.00 feet to a point in the north right-of-way line of Morse Road, at the northwest corner of said 0.220 acre tract, at the northeast corner of said 0.380 acre tract, in the east line of said original 5.574 acre tract, in the west line of said original 1.267 acre tract and at the true place of beginning for the tract herein intended to be described;
 
thence continuing N 0° 25' 20" W along the west line of said original 1.267 acre tract and along a portion of the east line of said original 5.574 acre tract a distance of 285.00 feet to a point at the northwest corner of said original 1.267 acre tract and at a southeast corner of a 22.204 acre tract of land conveyed to Chestnut Hill Apartments, Ltd. by deed of record in Official Record 33896, Page H 10,
 
thence EAST along the north line of said original 1.267 acre tract and along a portion of a south line of said 22.204 acre tract a distance of 160.00 feet to a point at the northeast corner of said original 1.267 acre tract and at the northwest corner of an original 1.822 acre tract of land conveyed to Chestnut Hill Apartments, Ltd. by deed of record in Official Record 34431, Page D 11;
 
thence S 0° 25' 20" E along the east line of said original 1.267 acre tract and along the west line of said original 1.822 acre tract a distance of 285.00 feet to a point in the north right-of-way line of Morse Road, at the northeast corner of said 0.220 acre tract and at the northwest corner of a 0.317 acre tract of land conveyed out of said 1.822 acre tract to City of Columbus, Ohio for right-of-way purposes by deed of record in Official Record 34957, Page B 16;
 
thence WEST along the north line of said 0.220 acre tract and along the north right-of-way line of Morse Road parallel to and 60.00 feet northerly by perpendicular measurement from the centerline of Morse Road a distance of 160.00 feet to the place of beginning;
 
containing 1.047 acres of land more or less and being subject to all legal highways, easements and restrictions of record.
 
 
To Rezone From: L-C-2, Limited Commercial District
 
To:  CPD, Commercial Planned Development District.
 
 
Section 2.  That a Height District of Thirty-five (35) feet is hereby established on 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 District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled "CPD-SITE AND LANDSCAPING PLAN" and "MASTERS PROFESSIONAL BUILDING, 4466 MORSE ROAD, COLUMBUS, OH - ELEVATIONS" and said text titled, " DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 1.05± Acres," signed by Donald T. Plank, Attorney for the Applicant, dated May 30, 2003 and reading as follows:
 
DEVELOPMENT TEXT
 
CPD, COMMERCIAL PLANNED DEVELOPMENT
 
1.05± Acres
 
 
EXISTING DISTRICT:      L-C-2, LIMITED COMMERCIAL DISTRICT
 
PROPOSED DISTRICTS:      CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
 
PROPERTY ADDRESS:      4466 MORSE ROAD, COLUMBUS, OH 43232
 
OWNER:      D. GREG MASTERS C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
 
APPLICANT:      D. GREG MASTERS C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
 
DATE OF TEXT:      MAY 30, 2003
 
APPLICATION NUMBER:      Z02-095
 
1.      INTRODUCTION:
 
The subject site is 1.05+ acres located on the north side of Morse Road, 2,340+ feet west of Hamilton Road. By Ordinance 1300-98, passed June 1, 1998 (Z97-126), 1.27+ acres was rezoned to the L-C-2, Limited Commercial District for office development. In conjunction with Ordinance 1300-98, applicant deeded right of way for Morse Road totaling 60 feet from centerline, resulting in the current 1.05+ acre site. Ordinance 1300-98 limits building size to 8,000 square feet. Applicant proposes to rezone the property to permit a 14,000 square foot office building with a 12,000 square foot footprint and 2,000 square foot lower level and more specific development standards than are presently required.
 
      Since Ordinance 1300-98 was passed, Morse Road has undergone a major reconstruction and now consists of 5 lanes with   curb, gutter, sidewalks and street lights. Morse Road is a 4-2D arterial on the Columbus Thoroughfare Plan. An office building is an appropriate land use on a major arterial right of way. Other commercial uses exist in close proximity to the site.  The site is located within the Northland Planning Area and specifically in the Blendon District as identified in the Northland Plan - Volume II, which supports this development.
 
A plan titled "CPD - Site and Landscaping Plan" dated November 6, 2002, signed May 30, 2003
by Donald Plank, Attorney for Applicant, hereinafter referred to as The Plan, is hereby
incorporated by reference and made a part of this rezoning. A building elevation plan titled
"Masters Professional Building, 4466 Morse Road, Columbus, OH - Elevations" dated October
16, 2000, signed May 30, 2003 by Donald Plank, Attorney for Applicant, hereinafter referred to
as The Elevation Plan, is hereby incorporated by reference and made a part of this rezoning.
 
2.      PERMITTED USES:  The following uses shall be permitted:
 
All uses of Chapter 3353, C-2, Office Commercial District, except the following:
 
Armory
Art Studio
Bank
Electric Substation
Photography Studio
Public or Private Hospital
Radio or Television Studio
                  Apartments
 
3.      DEVELOPMENT STANDARDS: Except as specified herein, or as depicted on The Plan and The Elevation Plan, the applicable development standards shall be as specified in the C-2, Commercial District.
 
A.      Density, Height, Lot and/or Setback Commitments.
 
1.      Building:  Building setbacks shall be as depicted on The Plan.
 
2.      Parking Setback:  Parking and pavement setbacks shall be as depicted on The Plan
 
3.      The site shall be designated a H-35 Height District with further limitations on height of 16 feet to the mid-point of the gable, as measured in Section 3303.08, Columbus Zoning Code and an absolute height of 28 feet to the ridge of the roof, exclusive of ornamental architectural detailing, such as cupolas.
 
4.      Lot coverage for all building and pavement shall not exceed 80% of lot area.
 
5.      The building shall be one (1) story above grade and shall consist of a
maximum building area of 14,000 total square feet. The maximum building footprint shall be 12,000 square feet. A lower level of up to 2,000 square feet shall be permitted.
 
6.      All existing building(s) shall be removed in conjunction with
      redevelopment of the site.
 
      B.      Access, Loading, Parking and/or other Traffic Related Commitments.
 
1.      The site shall be accessed via one (1) full turning movement curb cut
located in alignment with the Franklin County Engineers Office curbcut (Tax District/Parcel 025-004415) on the south side of Morse Road. Curb cut design shall be approved according to the specifications of the City of Columbus Division of Transportation or other applicable governmental agency.  
 
2.      A total of 48 on-site parking spaces shall be provided in accordance with
The Plan. The 48 parking spaces shall satisfy all code required parking for all permitted uses of the building, including general and medical office use.
 
3.      Parking and vehicle circulation areas shall be designed as depicted on The
      Plan.
 
4.      Major driving aisles and curb lanes shall be defined with raised island dividers or medians. Raised areas shall be planted with trees or other landscaping to increase visibility of the island or divider.
                  
C.      Buffering, Landscaping, Open Space and/or Screening Commitments.
 
1.      All parking/pavement setback areas depicted on The Plan shall be maintained in live vegetation, other than sidewalks, as depicted. New tree and shrubbery planting shall be placed as depicted and existing trees, as depicted, shall be preserved. If it is not possible to preserve existing trees, then new tree planting on a one (1) for one (1) basis of replacement of existing trees, as depicted on The Plan, shall be planted.  
 
3.      A street tree row shall be established along Morse Road. The street tree row shall contain one (1) tree for every 40 feet of lineal frontage, exclusive of driveway area. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted approximately five (5) - ten (10) feet from edge of right-of-way.
 
 
4.      Headlight screening to a height of 36", consisting of evergreen plant
material and/or low fencing or wall shall be provided along the southern 125+ feet of the west property line to screen headlights from view from the west and where otherwise indicated on The Plan. The height of headlight screening shall be measured at the elevation of the nearest section of the adjacent on-site parking area.      
 
5.      Tree planting shall be required within the site parking area as depicted on
The Plan, with not less than a total of 25 inches of total trunk caliper provided.
 
5.      Landscaping requirements of this section and as depicted on The Plan, shall be the applicable landscaping requirements for the site and shall supercede requirements of Chapter 3342.
 
6.      All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
 
7.      The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet.
 
D.      Building Design and/or Interior-Exterior Treatment Commitments.
 
1.      The building elevations shall be substantially as depicted on The Elevation Plan, subject to minor adjustments with final engineering and building design.
 
2.      There shall be no roof mounted mechanical equipment. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or a fence or wall utilizing comparable and compatible materials as the building materials.
 
3.      Building illumination shall be permitted provided such light source is concealed.  No colored light shall be used to light the exterior of any building.
 
4.      Building materials shall be traditional and natural in appearance, using
      stone, brick, stucco/EIFS, wood, Hardi-Plank or comparable materials.
 
5.      Building(s) shall be finished on all sides/elevations with the same level and quality of finish
 
6.      The building shall have a pitched roof with a minimum slope of 7:12 on the primary roof.
 
E.      Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
 
1.      All external outdoor lighting, except decorative lighting, such as at entrances to the building, shall be cut-off fixtures (down lighting). There may also be accent lighting (up lighting) on landscaping in the front of structures and a ground sign, provided the fixtures are screened to prevent glare.
 
2.      All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
 
3.      Except for decorative lighting, light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height, except that no light pole located north of the north wall of the building shall exceed 14 feet in height.
 
4.      Parking lot lighting shall be located in landscaped islands to protect both lights and vehicles from possible damage.
 
5.      Building mounted lighting, except decorative lighting at building entrances, shall utilize cut-off style fixtures and be designed in such a way to minimize any light spillage offsite occurs.
 
                         6.      All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
 
7.      There shall be no parking lot lighting east of the east wall of the building.
 
                           8.      Building mounted lighting on the east side of the building, if any, shall utilize fixtures and bulbs that are fully recessed in the soffit
 
F.      Graphics and Signage Commitments.
 
1.      All graphics shall conform to Article 15 of the Columbus City Code, as it
applies to the C-2, Commercial District, except under the provisions of Section 3377.17(C)(2), Setback Regulations for Permanent On-Premise Ground Signs (Special Area Setback Exceptions), a ground sign setback of not less than six (6) feet is hereby established and two (2) business identification panels for on-premise business occupants shall be permitted within the permitted ground sign graphic area. Any variance to the applicable requirements of the C-2, Commercial District, other than ground sign setback and the use of two (2) business identification panels for on-premise business occupants of the building shall be submitted to the Columbus Graphics Commission.
 
2.      Any ground sign shall be monument-style.
 
 
 
      G.      Other CPD Requirements
 
1.      Natural Environment:  The natural environment is flat.
 
2.      Existing Land Use:  The property is presently developed with a small office building.
 
3.      Circulation:  Access to and from the site will be from Morse Road.  
 
4.      Visual Form of the Environment:  The area surrounding the site to the north and east is developed with multi-family residential uses. The site abuts Morse Road on the south side and a large church parking lot on the west side.
 
5.      Visibility:  The site fronts on Morse Road.
 
6.      Proposed Development:  Commercial development consisting of an office building and site development as depicted on the plan titled "CPD - Site and Landscaping Plan" dated November 6, 2002 and the building elevation plan titled "Masters Professional Building, 4466 Morse Road, Columbus, OH - Elevations", both signed May 30, 2003, by Donald Plank, Attorney for Applicant.
 
7.      Behavior Patterns:  The site is located on Morse Road. Vehicular access will be from Morse Road. Pedestrian access along Morse Road is presently provided for with a concrete sidewalk parallel Morse Road.
 
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.
 
9.       Variances: Code required parking is reduced to 48 spaces for all uses of the 14,000 square foot building, including medical office use. Under provisions of Section 3377.17(C)(2) of the Columbus Graphics Code, ground sign setback is established at not less than six (6) feet and the ground sign is permitted to have two (2) business identification panels for on-premise business occupants within the permitted ground sign graphic area.
 
H.      Miscellaneous
 
1.      The on-premise dumpster shall be screened from view on three (3) sides with a six (6) foot high, opaque enclosure and with gates on the 4th side.
 
2.     The plan titled "CPD - Site and Landscaping Plan", signed by Donald T. Plank, Attorney for the Applicant, dated May 30, 2003 represents the intended development of the site, however, based on final engineering of the site, the applicant may make slight adjustments to the development plan subject to approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
 
3.     The building elevation plan titled "Masters Professional Building, 4466 Morse Road, Columbus, OH - Elevations" signed by Donald T. Plank, Attorney for the Applicant, dated May 30, 2003 represents the intended elevations of the building, however, based on final engineering of the building, applicant may make slight adjustments to the elevations subject to approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
4.      This rezoning is exempt from the Parkland Dedication Ordinance because the property is being rezoned from an existing commercial zoning district (L-C-2) to another commercial zoning district (CPD).
 
 
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
That this ordinance shall take effect and be in force from and after the earliest period allowed by law.