Explanation
Rezoning Application Z12-032
APPLICANT: The Ellis Company; c/o Jeffrey L. Brown, Atty.; Smith & Hale, LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Limited commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on July 12, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is undeveloped and zoned in the CPD, Commercial Planned Development District, permitting C-2, Commercial District uses. The requested L-C-4, Limited Commercial District will allow additional commercial uses similar to those permitted in the adjacent L-C-4, Limited Commercial District to the west. The limitation text commits to appropriate use restrictions, building and parking setbacks, street trees, and lighting controls. The site is located within the boundaries of Subarea B.1 in The Far North Plan (1994) which recommends offices or highway-oriented uses such as hotels/motels, restaurants, and retail uses that serve the businesses located in the subarea. The proposed uses fit within these guidelines. The request, with the development standards in the text, is compatible with development in the area.
Title
To rezone 435 HUTCHINSON AVENUE (43235), being 2.89± acres located on the south side of Hutchinson Avenue, 900± feet east of High Cross Boulevard, From: CPD, Commercial Planned Development District, To: L-C-4, Limited Commercial District (Rezoning # Z12-032).
Body
WHEREAS, application #Z12-032 is on file with the Department of Building and Zoning Services requesting rezoning of 2.89± acres from: CPD, Commercial Planned Development District, to L-C-4, Limited Commercial 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 L-C-4, Limited Commercial District would permit neighborhood commercial, office and some highway-oriented uses, which are consistent with the recommendations of The Far North Plan (1994). The request, with the development standards in the text, is compatible with development in 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:
435 HUTCHINSON AVENUE (43235), being 2.89± acres located on the south side of Hutchinson Avenue, 900± feet east of High Cross Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 63 and 64, Section 12, Township 2, Range 18, United States Military Lands, and being all of the remaining interest in a 12.217 Acre parcel as conveyed to Pontifical College Josephinum in Official Record 25224 B14, all records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing for reference at a point in the southerly right of way line of Hutchinson Avenue (being 60.00 feet in width), said point being a common corner of Crossroads Center Section Three and Section Five as shown of record in Plat Boot 62, Page 52, and Plat Boot 64, Page 100 and the Northwesterly property corner of a 4.210 Acre parcel as conveyed to POH I, LLC in Instrument No. 200706110101772;
Thence S 86° 49' 53 E along the Southerly right of way line of Hutchinson Avenue, the northerly property line of the aforementioned POH I, LLC parcel and the Northerly property line of a 9.331 Acre parcel as conveyed to Prescott Place, LLC as recorded in Instrument No. 201003170031399 a distance of 754.68 feet to an Iron pipe found, said iron pipe being the point of curvature of the Southerly right of way line of Hutchinson Avenue;
Thence along a curve to the left having a radius of 380.00 feet, a central angle of 22° 12' 44", the chord to which bears N 82° 03' 43" E, a chord distance of 146.40 feet to an iron pipe found at the Northeasterly property corner of the aforementioned Prescott Place, LLC parcel, the Grantor's Northwesterly property corner and the TRUE POINT OF BEGINNING of the parcel herein described;
Thence continuing along a curve to the left having a radius of 380.00 feet, a central angle of 16° 15' 01", the chord to which bears N 62° 49' 51" E, a chord distance of 107.42 feet to an iron pipe found at the Grantor's Northeasterly property corner and the Northwesterly property corner of a 7.859 Acre parcel as conveyed to EOP-Community Corporate Center,
LLC as recorded in Official Record 23196 I19 (Affidavit of Name Change in Instrument No.199801200012649);
Thence along the Grantor's Easterly property line and the Westerly property line of the aforementioned EOP-Community Corporate Center the following three (3) courses and distances:
1) S 41° 56' 37" E a distance of 185.10 feet, to an Iron pipe found on a curve;
2) Thence along a Curve to the left having a radius of 147.00 feet, a central angle of 98° 49' 35" the chord to which bears S 18° 46' 22" E, a chord distance of 223.27 feet, to an iron pipe found;
3) S 3° 10' 07" W a distance of 347.32 feet to an iron pipe found at the Grantor's the Southeasterly property corner and on the Northerly limited access, right of way line of Interstate 270 (ODOT Plan FRA-270-14.83N);
Thence N 86° 37' 51" W along the Grantor's Southerly property line and the Northerly limited access, right of way line of Interstate a distance of 229.93 feet to an iron pipe found, said iron pipe being the Grantor's Southwesterly property corner and the Southeasterly property corner of the aforementioned Prescott Place, LLC parcel;
Thence along the Grantor's Westerly property line and the Easterly property line of the aforementioned Prescott Place, LLC parcel the following two (2) courses and distances:
1) N 03° 12' 01" E a distance of 551.35 feet, to an iron pipe found;
2) N 41° 28' 12" W a distance of 110.51 feet to the point of beginning, containing 2.886 Acres, more or less and subject to all legal easements and rights of way of record.
The bearing system for this description is based on a portion of the centerline of Hutchinson Avenue as recorded in Plat Book 64, Page 100 and bears S 86° 49' 53" E and is for the determination of angles only.
This description was prepared on December 21, 2012 by Jerry L. Cassell, Ohio Professional Surveyor No. 6378 and is based on a previous plat and description as recorded in Instrument No. 201003170031399.
To Rezone From: CPD, Commercial Planned Development District
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of thirty-five (35) sixty (60) feet is hereby established on the L-C-4, Limited Commercial 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 changes on the said original zoning map and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said text titled, "LIMITATION TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, dated June 29, 2012, and reading as follows:
LIMITATON TEXT
PROPOSED DISTRICT: L-C-4, Limited Commercial District
EXISTING DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 435 Hutchinson Avenue
OWNER: Pontifical College Josephinum
APPLICANT: The Ellis Company
DATE OF TEXT: 6/29/12
APPLICATION: Z12-032
1. INTRODUCTION: The site is part of the overall Crosswoods development located on the south side of Hutchinson Avenue west of the railroad tracks and backs onto I-270. This zoning request is to update the list of permitted uses to match what was done in Z08-001 which rezoned the 9.33 acre tract to the west of the site.
2. PERMITTED USES: All uses listed in Section 3351.03 (C-1); all uses listed in Section 3353.03 (C-2); the following uses listed in Section 3355.03 (C-3); cafes, delicatessens and restaurants without drive-thru's; computer and software stores; exercise and health facilities; and the following uses listed in Section 3356.03 (C-4); caterers; and hotel/motels. Outdoor, enclosed areas for animals, including but not limited to kennels, dog runs and play areas; and video sales are specifically prohibited.
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3356, C-4 shall apply.
A. Density, Height, Lot and/or Setback Requirements
1. Setback along north side of the property adjacent to Hutchinson Avenue shall be twenty-five feet for all buildings, parking, loading and maneuvering areas.
2. Setback along the south side of the property adjacent to I-270 shall be twenty-five feet for all buildings, parking, loading and maneuvering areas.
3. Setback along the west and the east side of the property shall be ten feet for all buildings, parking, loading and maneuvering areas.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. A 5' wide sidewalk shall be installed along the north side of the property adjacent to Hutchinson Avenue.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. All trees within the setback along the east, west and south property lines shall be preserved except where utility connections are necessary.
2. Street trees shall be planted evenly spaced along Hutchinson Avenue at the ratio of not less than one tree per thirty-five (35) feet of frontage.
D. Building Design and/or Interior-Exterior Treatment Commitments: N/A
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1. Parking lot lighting shall not exceed sixteen (16) feet in height.
2. All new or relocated utility lines shall be installed underground.
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 and any variance to those requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
N/A
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.