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File #: 1137-2004    Version:
Type: Ordinance Status: Passed
File created: 6/15/2004 In control: Zoning Committee
On agenda: 7/12/2004 Final action: 7/13/2004
Title: To rezone 4592 SUNBURY ROAD (43219), being 3.083.82± acres located on the east side of Sunbury Road, 450+ feet north of Easton Way, From: L-M, Limited Manufacturing District, To: L-M, Limited Manufacturing District and to declare an emergency. (Rezoning # Z03-125)
Attachments: 1. ORD1137-2004Report&Mapsdoc, 2. ORD1137-2004Labels.pdf
Explanation
 
Rezoning Application Z03-125
 
APPLICANT:  Morso Holding Co.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.      
 
PROPOSED USE:  Automobile service facility including car wash and automobile storage.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (3-0-1) on March 11, 2004.
 
NORTHEAST AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant requests the L-M, Limited Manufacturing District to expand an automobile service, storage, and car wash facility that will serve a dealership proposed for the corner of Morse Road and Morse Crossing.  The rezoning is necessary to add automobile service including car wash and automobile storage to the existing L-M, Limited Manufacturing District.  The limitation text includes all of the development standards applicable to the Easton development.
 
 
Title
 
To rezone 4592 SUNBURY ROAD (43219), being 3.083.82± acres located on the east side of Sunbury Road, 450+ feet north of Easton Way, From:  L-M, Limited Manufacturing District, To:  L-M, Limited Manufacturing District and to declare an emergency. (Rezoning # Z03-125)
 
Body
 
WHEREAS, application #Z03-125 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.083.82± acres from L-M, Limited Manufacturing District to L-M, Limited Manufacturing District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the North East Area Commission recommends approval of said zoning change; and
 
WHEREAS,  an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the L-M, Limited Manufacturing District to expand an automobile service, storage, and car wash facility that will serve a dealership proposed for the corner of Morse Road and Morse Crossing.  The rezoning is necessary to add automobile service including car wash and automobile storage to the existing L-M, Limited Manufacturing District.  The limitation text includes all of the development standards applicable to the Easton 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:
 
4592 SUNBURY ROAD (43219), being 3.083.82± acres located on the east side of Sunbury Road, 450+ feet north of Easton Way, and being more particularly described as follows:
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, Section 2, Township 1, Range 17, United States Military Lands and being located all out of Parcel 2 as conveyed to Morso Holding Company of record in Official Record 30846G11 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
 
      Beginning at the southwesterly corner of that tract of land as conveyed to Germain Real Estate Company of record in Instrument Number 200105080099661;
 
      thence South 87° 40' 07" East with the southerly line of said Germain Real Estate Company tract, a distance of 399.54 feet to a southeasterly corner thereof;
 
      thence North 02° 18' 27" East, with an easterly line of said Germain Real Estate Company tract, a distance of 2.19 feet to a southwesterly corner of that tract of land as conveyed to EJMR Construction Ltd. of record in Instrument Number 199709170095362;
 
      thence South 87° 41' 33" East, with the southerly line of said EJMR Construction Ltd. tract, a distance of 25.98 feet to the northwesterly corner of that tract of land as conveyed to Easton market LLC of record in Official Record 34933B09;
 
      thence South 02° 18' 27" West, with the westerly line of said Easton Market LLC tract a distance of 291.72 feet to a point;
 
      thence North 87° 40' 07" West, across said Parcel 2, a distance of 494.62 feet to a point in the easterly right-of-way line of Sunbury Road;
 
      thence with said easterly right-of-way line, the following courses:
 
      North 13° 32' 45" East, a distance of 160.52 feet to a point;
 
North 18° 17' 30" East, a distance of 137.35 feet to the True Point of Beginning and containing 3.08 acres of land, more or less.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 2, Township 1, Range 17, United States Military Lands and being located all out of Parcel 2 as conveyed to Morso Holding Company of record in Official Record 30846G11 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
 
Beginning at the southwesterly corner of that tract of land as conveyed to Germain Real Estate Company of record in Instrument Number 200105080099661;
 
Thence South 87 deg. 40' 07" East with the southerly line of said Germain Real Estate Company tract, a distance of 399.54 feet to the southeasterly corner thereof;
 
Thence North 02 deg. 18' 27" East, with an easterly line of said Germain Real Estate Company tract, a distance of 2.19 feet to a southwesterly corner of that tract of land as conveyed to EJMR Construction Ltd. of record in Instrument Number 199709170095362;
 
Thence South 87 deg. 41' 33" East, with a southerly line of said EJMR Construction Ltd. tract, a distance of 25.98 feet to the northwesterly corner of that tract of land as conveyed to Easton Market LLC of record in Official Record 34933B09;
 
Thence South 02 deg. 18' 27" West, with the westerly line of said Easton Market LLC tract a distance of 356.25 feet to a corner thereof;
 
Thence North 87 deg. 41' 33" West, across said Parcel 2, a distance of 507.48 feet to a point in the easterly right-of-way line of Sunbury Road;
 
Thence with said easterly right-of-way line, the following courses:
 
North 13 deg. 32' 45" East, a distance of 226.53 feet to a point;
 
North 18 deg. 17' 30" East, a distance of 137.35 feet to the True Point of Beginning and containing 3.82 acres of land, more or less.
 
This description was prepared from existing records and is for zoning purposes only.
 
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
 
To Rezone From:  L-M, Limited Manufacturing District,
 
To:  L-M, Limited Manufacturing District.
 
SECTION 2.  That a Height District of sixty (60) feet is hereby established on the L-M, Limited Manufacturing 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 L-M, Limited Manufacturing District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, " LIMITATION OVERLAY TEXT DEVELOPMENT PLAN," signed by Jeffrey L. Brown, Attorney for the Applicant, dated June 15, 2004, and said plan being titled, "LANDSCAPE PLAN" signed by Jeffrey L. Brown, Attorney for the Applicant, dated April 26, 2004, and reading as follows:
 
 
LIMITATION OVERLAY TEXT
DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  L-M
PROPERTY ADDRESS: 4592 Sunbury Road
OWNER:  Morso Holding Company
APPLICANT:  same as owner
DATE OF TEXT: 6/15/04
APPLICATION NUMBER:  Z03-125
 
1.  INTRODUCTION: This site was part of Subarea 5D of Zoning Application Z95-035. This application adds a new use to the permitted uses.  The site to the north was rezoned in 2001 to permit the same use.
 
2.  PERMITTED USES: The following uses shall be permitted:
 
a.  Offices
b.  Warehousing, wholesaling, storage in bulk, distribution, assembly, packaging, and sales of products all within a building, the primary use of which is an office.  Non-office use shall not exceed forty percent of the total square footage of that overall use.
c.  Day care centers
d.  For pay, recreational uses
e.  Automobile services / washing facility with outdoor storage
 
3.  DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3367, shall be applicable.
 
A.  Density, Height, Lot and/or Setback commitments.
 
1.  Setback from Sunbury Road shall be 50 feet for parking, loading and maneuvering and 100 feet for building.
 
2.  No loading doors shall face Sunbury Road unless the loading doors are blocked by view from Sunbury Road by another building(s).
 
3.  Height district shall be 60 feet.
 
B. Access, Loading, Parking and/or other Traffic related commitments.
 
N/A
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.  
 
1.  The frontage along Sunbury Road the east and south property lines of the property shall be landscaped in accordance with the submitted drawing.
 
2.  The landscaping requirements of this section may be offset by the preservation of existing vegetation.
 
3.  Minimum size of all trees shall be 2.5 in. caliper for deciduous 5 ft. high for evergreens, and 1.5 in. caliper for ornamentals.
 
4.  The landscaping required in this section shall count toward satisfying the landscaping requirements of Chapter 3342 of the Columbus City Code.
 
5.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
 
6.  At least 13 trees shall be planted adjacent to the building and within islands which are located on the paved portion of the site.
 
D.  Building design and/or Interior-Exterior treatment commitments.
 
N/A
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.  All waste and refuse shall be containerized and fully screened from view by a solid wall or fence.
 
2.  No materials, supplies, or product shall be stored or permitted to remain on any portion or parcel outside a permitted structure except for automobile storage in association with an automobile service facility.
 
3.  All external lighting shall be cutoff type fixtures (downlighting), and shall provide no light spillage to off-site parcels.  However, buildings and landscaping may be uplit or downlit provided that landscaping lighting does not spill over into the public right-of-way.  The maximum height of light poles shall not exceed twenty-eight feet.
 
F.  Graphics and Signage commitments.
 
1.  Entry features may be established within the subarea and may contain signage.  Signage shall be limited to identifying the overall development not individual users.  Minimum setback for entry features shall be 5 feet from right-of-way maintaining safe clear sight distances at intersections.  Depending on the final form of the entry features, appropriate variances from the Columbus Zoning Code may be required.
 
2.  All signage and graphics shall conform to Article 15 of the Columbus City Graphics Codes, as it applies to the M-2, Manufacturing District.  Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
 
G.  Miscellaneous commitments.
 
1.  There shall be no handling or storage of explosive and no searchlights or flying (air borne) balloons.  There shall be no outdoor banners or streamers.
 
2.  There shall be no incineration of waste, trash or other materials permitted on any part of said tract nor in any building at any time located on said tract.
 
3.  Stormwater drainage shall conform to the City of Columbus standards, and no storm water runoff shall be increased on any adjacent properties.
 
4.  Notwithstanding the traffic limitations contained within this document, said traffic limitations, including numbers and locations of curbcuts, may be modified with the approval of the Transportation Division.
 
5.  The Transportation Division is in the process of creating a parking requirement for bicycles.  When the requirement is in the City code any new developments in this subarea shall comply with the bicycle parking requirements.  Any development which occurs between the effective date of this zoning and the adoption of the bicycles parking requirements shall retroactively comply with the adopted bicycle parking requirements.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.