Explanation
Rezoning Application: Z19-089
APPLICANT: Morso Holding Co.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on February 11, 2021.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 16.57± acre site consists of seven mostly undeveloped parcels in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District increases the height district for the entire site to 200 feet to facilitate future commercial development. The site is within the planning boundaries of the Northeast Area Plan (2007), which recommends “Mixed Use-Regional Retail/Office/Light Industrial” land uses at this location. The CPD text includes appropriate use restrictions and supplemental development standards that address building and parking setbacks, minimum and maximum parking requirements, landscaping, and street trees. Variances are included to allow reductions to building and parking setbacks, reductions in the minimum and elimination of the maximum numbers of parking spaces required, modification of parking lot screening requirements, and to permit parking and loading spaces to be located on different parcels than the uses they serve. The proposed mixed-use development, development standards, and variances are consistent with both the Plan’s land use recommendation and the overall established development standards of Easton Town Center. Additionally, ample landscaping to screen parking areas that front along public streets has been included in the text
Title
To rezone 4216 EASTON LOOP EAST (43219), being 16.57± acres located on the south side of Morse Road, 260± feet east of Stelzer Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z19-089).
Body
WHEREAS, application #Z19-089 is on file with the Department of Building and Zoning Services requesting rezoning of 16.57± acres from CPD, Commercial Planned Development District, to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Northeast 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, will permit a mixed-use development that is consistent with both the Northeast Area Plan’s land use recommendation and the overall established development standards of Easton Town Center; 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:
4216 EASTON LOOP EAST (43219), being 16.57± acres located on the south side of Morse Road, 260± feet east of Stelzer Road, and being more particularly described as follows:
ZONING DESCRIPTION OF 16.57 ACRES:
Situate in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands, being part of the remainder of that 152.606 acre tract conveyed as Parcel 9, that 11.211 acre tract conveyed as Parcel 17 and that 0.282 acre tract conveyed as Parcel 13 to Morso Holding Co. by deed of record in Official Record 30846G11, all of that 0.768 acre tract conveyed to Morso Holding Co. by deed of record in Instrument Number 200303280089777, all of the remainder of that 6.813 acre tract conveyed to Morso Holding Co. by deed of record in Instrument Number 200303280089778, part of that 2.208 acre tract conveyed to Morso Holding Co. by deed of record in Instrument Number 201810180142471, and a portion of Easton Loop East, as dedicated in Plat Book 99, Page 55, and vacated in Plat Book 125, Page 4, (all references are to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING at the intersection of the southerly right-of-way line Morse Road with the easterly right-of-way line of Fenlon Street, as dedicated in Plat Book 125, Page 4;
Thence with said southerly right-of-way line, the following courses and distances: South 86° 15' 24" East, a distance of 170.38 feet to a point; South 74° 56' 46" East, a distance of 50.99 feet to a point; South 86° 15' 22" East, a distance of 121.13 feet to a point; and South 87° 30' 21" East, a distance of 547.54 feet to a point of curvature;
Thence with the westerly right-of-way line of Stelzer Road, the following courses and distances: With the arc of a curve to the right, having a central angle of 91° 14' 59", a radius of 30.00 feet, an arc length of 47.78 feet, a chord bearing of South 41° 52' 52" East and chord distance of 42.89 feet to a point of reverse curvature; With the arc of a curve to the left, having a central angle of 04° 56' 28", a radius of 2038.04 feet, an arc length of 175.76 feet, a chord bearing of South 02° 22' 54" West and chord distance of 175.71 feet to a point; North 86° 15' 22" West, a distance of 5.01 feet to a point on the arc of a curve; and With the arc of a curve to the left, having a central angle of 13° 40' 39", a radius of 1507.40 feet, an arc length of 359.84 feet, a chord bearing of South 07° 21' 13" East and chord distance of 358.99 feet to a point on the arc of a curve;
Thence with the southerly right-of-way line of Easton Loop, as dedicated in Plat Book 125, Page 4, the following courses and distances: With the arc of a curve to the left, having a central angle of 86° 27' 53", a radius of 40.00 feet, an arc length of 60.36 feet, a chord bearing of North 57° 25' 30" West and chord distance of 54.80 feet to a point of reverse curvature; With the arc of a curve to the right, having a central angle of 12° 57' 53", a radius of 330.00 feet, an arc length of 74.67 feet, a chord bearing of South 85° 49' 30" West and chord distance of 74.51 feet to a point of tangency; and North 87° 41' 33" West, a distance of 185.47 feet to a point;
Thence South 02° 18' 27" West, with the westerly line of that 4.216 acre tract conveyed to Easton Apartments I, LLC by deeds of record in Instrument Numbers 201808300118402 and 201809070121376, a distance of 311.99 feet to a point;
Thence with the perimeter of that 3.574 acre tract conveyed to ETC RH, LLC by deed of record in Instrument Number 201810180142472, the following courses and distances: North 87° 41' 33" West, a distance of 90.25 feet to a point of curvature; with the arc of a curve to the left, having a central angle of 90° 00' 00", a radius of 26.00 feet, an arc length of 40.84 feet, a chord bearing of South 47° 18' 27" West and chord distance of 36.77 feet to a point of tangency; South 02° 18' 27" West, a distance of 63.51 feet to a point; and North 87° 41' 33" West, a distance of 488.61 feet to a point;
Thence North 02° 18' 27" East, with the easterly line of the remainder of that 4.360 acre tract conveyed to Easton Town Center, LLC by deed of record in Instrument Number 201809210128293 and across said 152.606 acre tract, a distance of 401.50 feet to a point in the southerly line of said Easton Loop;
Thence South 87° 41' 33" East, with said southerly right-of-way line, a distance of 68.94 feet to a point;
Thence North 02° 18' 27" East, across the right-of-way of said Easton Loop, a distance of 80.00 feet to a point on the easterly right-of-way line of said Fenlon Street;
Thence with said easterly right-of-way line, the following courses and distances: With the arc of a curve to the right, having a central angle of 83° 30' 08", a radius of 28.00 feet, an arc length of 40.81 feet, a chord bearing of North 45° 56' 29" West and chord distance of 37.29 feet to a point of reverse curvature; With the arc of a curve to the left, having a central angle of 28° 49' 37", a radius of 293.00 feet, an arc length of 147.42 feet, a chord bearing of North 18° 36' 14" West and chord distance of 145.87 feet to a point of tangency; North 33° 01' 03" West, a distance of 82.38 feet to a point of curvature; With the arc of a curve to the right, having a central angle of 36° 45' 41", a radius of 300.00 feet, an arc length of 192.48 feet, a chord bearing of North 14° 38' 12" West and chord distance of 189.20 feet to a point of tangency; North 03° 44' 38" East, a distance of 23.35 feet to a point of curvature; with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of North 48° 44' 38" East and chord distance of 70.71 feet the POINT OF BEGINNING, containing 16.57 acres, more or less.
Property Address: 4216 Easton Loop East, Columbus, OH 43219.
To Rezone From: CPD, Commercial Planned Development District.
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of two hundred (200) 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 original 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 plan being titled, "REZONING EXHIBIT," dated March 8, 2022, and text titled, "CPD TEXT," dated March 30, 2021, both signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICTS: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 4216 Easton Loop Road
OWNER: Morso Holding Co.
APPLICANT: Morso Holding Co.
DATE OF TEXT: 3/30/21
APPLICATION: Z19-089
1. INTRODUCTION: The property was part of the larger Easton zoning that was approved by the City of Columbus in 1999. (Zoning Case Z97-083A) It was anticipated that additional zonings may be necessary as the proposed development was to occur over an extended period of time. Fine tuning of the development standards and permitted uses would occur as development plans move forward. This zoning will update uses and development standards.
2. PERMITTED USES: The following uses shall be permitted: Public parking garage(s) and those uses listed in Chapter 3356 (C-4, Commercial District) of Columbus City Code.
Excepting therefrom: Used car lot except in connection with a new automobile salesroom
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3356, C-4, Commercial District shall apply to the subject property.
A. Density, Height, Lot and/or Setback Requirements
1. Setback from Morse Road shall be 10 feet for all parking, loading and maneuvering areas, and 25 feet for buildings. The locations of buildings, parking areas and loading areas shall maintain proper sight distance at adjacent intersections and access points, as approved by the Department of Public Service.
2. Setback from Stelzer Road and Fenlon Street shall be zero feet for all parking, loading and maneuvering areas and zero feet for buildings.
3. All other publicly dedicated interior streets shall have a zero foot parking, loading and maneuvering setback and a zero foot building setback.
4. The setback required in Section 3A shall not apply to any pedestrian bridges, any building or structure parking garage which is connected to a pedestrian bridge as part of an elevated pedestrian system, and any motor bus shelter; the setback for said items shall be zero.
5. Entry features may be established within the subject site and may contain signage. Minimum setback for entry features shall be 5 feet from right-of-way line. In no case, shall entry features interfere with maintaining safe clear sight distances at intersections. Depending on the final form of the entry features, appropriate variances from the Columbus City Code may be required.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. The Department of Public Service may require that an applicant provide a Traffic Impact Study in accordance with Chapter 4309 of the Columbus City Codes but only in conjunction with an application or applications for Final Site Plan Compliance proposing land uses that cumulatively generate more than 200 primary trip ends during the weekday morning or weekday afternoon peak hour of adjacent street traffic. Such Traffic Impact Study shall be limited to assessment of traffic operations at site access points and adjacent public street intersections, as determined by the Department of Public Service. Any responsibilities for roadway infrastructure shall be determined in accordance with Chapter 4309 of the Columbus City Codes.
2. Parking:
Due to the mixed use nature of the proposed development it would be impossible to have each use on its own tax parcel with all its required parking spaces and loading spaces. In addition the mixture of the proposed uses would make it appropriate to consider the effect of a shared parking analysis on determining the required number of parking spaces. From a zoning clearance standpoint the city shall review the number of parking spaces for the subject site as one tax parcel even if there are separate tax parcels.
The following parking ratios shall be provided unless varied by a shared parking analysis or by the Board of Zoning Adjustment:
Retail: 1 parking space for every 300 sq. ft. of gross floor area
Restaurant, without pick up unit or greater than 5000 sq. ft: 1 parking space for every 75 sq. ft. of gross floor area
Restaurant, with pick up unit and seating (less than 5000 sq. ft): 1 parking space for every 175 sq. ft. of gross floor area
Restaurant, with pick up unit no seating (less than 5000 sq. ft): 1 parking space for every 175 sq. ft. of gross floor area
Restaurant, patio/outdoor dining areas: Ratio is 50% of ratio required for primary structure
Office (general): 1 parking space for every 450 sq. ft. of gross floor area
Office (medical): 1 parking space for every 300 sq. ft of gross floor area
Theater: 1 parking space for every 3 seats
In order to arrive at the final required parking figure it is necessary to reduce the parking demand for each use by recognizing three reduction factors that are used in the ULI shared parking analysis. The reduction factors are vacancy allowance, non-auto transportation (walk, COTA, cab, bike) and captive market allowance (% of people visiting more than one business).
Reduction Factor: Retail; Restaurant; Office; Theater
Vacancy: 2%; 0%; 9%; 10%
Non-auto transportation: 4%; 4%; 4%; 4%
Captive market allowance: 18%; 15%; 15%; 15%
The parking figures calculated from the ratios are then reduced by the appropriate reduction factor for each use to arrive at the total required number of parking spaces.
If the applicant wished to provide fewer parking spaces than calculated by the above method then the applicant shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the City’s Department of Public Service. The Department of Public Service shall review this shared parking analysis and if the Department approves the study then the applicant shall provide the number of parking spaces shown in the study. If the Department does not approve the study, then the applicant may file a variance request with the Board of Zoning Adjustment.
Public parking garages may be constructed on the subject property. The number of parking spaces within any garage(s) shall count toward meeting the overall parking requirement of the entire development on the subject property.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The developer shall install eight trees for every one hundred feet of frontage. This landscaping shall be placed within parking setback along Morse Road. The required tree plantings shall consist of deciduous shade trees, ornamental trees and/or evergreen trees.
2. A tree row shall be established along Stelzer Road containing one tree for every 30 feet of road frontage. Trees shall be equally spaced or grouped together.
3. The landscaping requirements of this section may be satisfied or offset by the preservation of existing vegetation.
4. The parking areas adjacent to a public street shall have headlight screening consisting of at least three shrubs and one deciduous shade tree per thirty feet of street frontage along with brick piers interspersed along said landscaped frontage.
D. Building Design and/or Interior-Exterior Treatment Commitments
N/A
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
N/A
F. Graphics and Signage Commitments
All signage and graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District classification. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. CPD Criteria:
a. Natural Environment
The natural environment of the subject site is limited to relatively flat terrain and the area is undeveloped.
b. Existing Land Use
Existing land use consist of commercial development to the north across Morse Road; commercial development and undeveloped commercially zoned ground to the east across Stelzer Road; commercial development to the south and east.
c. Visual Form
The visibility of the site will be considered in the design of the buildings.
d. Visibility
This area has high freeway visibility and good visibility from the intersection of Morse and
Stelzer Roads.
e. Proposed Development
The proposed development concept is for mixed use.
f. Behavior Patterns
The proposed development will provide additional commercial opportunities to both local residents, office workers and to other individuals who can access this area via the I-270 / Morse Road interchange.
g. Emissions
This development would conform to the City requirements for light levels, sounds, smells and dust. It is anticipated that this development would not adversely affect proposed adjacent uses in this regard.
2. Variances:
a. Section 3356.11C-4 district setback line: to reduce the building setback: along Morse Road from 60 feet to 25 feet; along Stelzer Road from 60 feet to zero feet.
b. Section 3312.27 Parking setback line to reduce the parking setback: along Stelzer Road from 10 feet to zero feet, along I-270 ramp 50 feet to 25 feet and along I-270 from 50 feet to 25 feet.
c. Section 3312.49 Maximum number of parking spaces required: to reduce the minimum number of parking spaces, and to eliminate a maximum number of parking spaces. See text for parking ratio.
d. Section 3312.03D Administrative requirements to allow parking spaces for a use to not be on the same parcel as the use. Section 3312.51 Loading spaces to allow loading spaces for a use to not be on the same parcel as the use.
e. Section 3312.51 Loading spaces to allow loading spaces for a use to not be on the same parcel as the use.
f. Section 3312.21 Landscaping and Screening: modify parking lot screening. See landscape standard in text.
3. Site Plan:
Site Plan Revision Allowance. The Property shall be developed in accordance with the Site Plan; however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department Building and Zoning Services or the Director’s designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data 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.