Explanation
Rezoning Amendment: Z91-052E
Ordinance #366-92, passed March, 2, 1992 (Z91-052), for the property located at 4865 North Hamilton Road, rezoned 21.41± acres to the L-C-4, Limited Commercial and CPD, Commercial Planned Development districts. That rezoning established two subareas each having specific use prohibitions and development standards including building design, height, setbacks, landscaping, lighting, access, and graphics restrictions. Ordinance #2215-1998, passed September 14, 1998 (Z91-052B), modified signage requirements, and Ordinance #1247-2004, passed November 29, 2004 (Z91-052C), modified the roof pitch and roof material requirements. One previous amendment has also been approved for text modifications to part of the Z91-052 site with Ordinance #1109-2019, passed May 6, 2019. The property subject to this amendment is part of Subarea 1 of Z91-052 along the north side of Morse Road. The site is addressed as 4750 Morse Road, and is developed with an eating and drinking establishment. When the site was constructed, the fence along the site frontage required by the limitation overlay text was installed at a lesser setback (at 20 feet instead of 30 feet from the right-of-way) thereby creating a noncompliant situation. Relocation of the fence to a compliant setback would require the mature landscaping and mounding along the site frontage to be removed and replaced. This ordinance amends the fence setback in the limitation overlay text established originally by Ordinance #366-92 (Z91-052) and subsequently amended by Ordinance #1247-2004 (Z91-052C) specifically for this property. This amendment makes no other changes to Ordinance #1247-2004 or subsequent amendments to Ordinance #366-92.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Emergency Justification: The proposed amendment to the limitation text allows Chipotle to leave a fence in its current location, which per the existing limitation text is non-compliant. By allowing this to pass as an emergency, this will allow construction to move forward and close out significantly sooner, allowing the restaurant to return to normal operation as soon as possible.
Title
To amend Ordinance #1247-2004, passed November 29, 2004 (Z91-052C), for property located at 4750 MORSE RD. (43230), by repealing Section 1 of Ordinance #1247-2004 and replacing it with a new Section 3 thereby modifying the limitation overlay text for part of Subarea 1 as it pertains to the fence setback; and to modify Section 1 Ordinance #366-92 to revise the legal description of this property (Rezoning Amendment # Z91-052E), and to declare an emergency.
Body
WHEREAS, Ordinance #1247-2004, passed November 29, 2004 (Z91-052C), modified the roof pitch and material requirements for Subarea 1 that was subject to Ordinance #366-92, passed March, 2, 1992 (Z91-052); a rezoning of 21.41± acres located at 4865 North Hamilton Road to the L-C-4, Limited Commercial and CPD, Commercial Planned Development districts; and
WHEREAS, that rezoning and subsequent amendments established specific development standards addressing permitted uses, setbacks, access, parking, landscaping, building design, and lighting commitments; and
WHEREAS, it is necessary to modify the Limitation Text on this property to account for a fence that was installed at a lesser setback from the right-of-way than required thereby creating a noncompliant situation, and;
WHEREAS, it is necessary to amend Section 1 of Ordinance #366-92, passed March, 2, 1992 (Z91-052), to revise the legal description in Section 1 of this ordinance for the property that is subject to this amendment; and
WHEREAS, Section 2 of Ordinance #366-92, passed March, 2, 1992 (Z91-052), established a height district of sixty feet on the subject site, and that section is being carried over as Section 2 in this ordinance for clarity purposes; and
WHEREAS, it is necessary to amend Section 1 of Ordinance #1247-2004, passed November 29, 2004 (Z91-052C) (Section 5 of Ordinance #366-92), to modify the parking and landscaping setback commitments in Section 3 of this ordinance; and
WHEREAS, all other aspects contained in #366-92 (Z91-052), except as subsequently amended, are unaffected by this amendment and remain in effect; and
WHEREAS, an emergency exists in the usual operations of the City of Columbus to allow the restaurant to return to normal operation as soon as possible, 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 #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
4750 MORSE RD. (43230), being 0.81± acres located on the north side of Morse Road, 554± feet west of North Hamilton Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 2, Range 17 United States Military Lands and being 0.807 acre out of that tract of land as conveyed to Ben W. Hale Jr., Trustee, by deed of record in Official Record 34299G14, all references being to records of the Recorder’s Office, Franklin County, Ohio, and being described as follows:
Beginning at an iron pin set in the northerly right-of-way line of Morse Rd, being South 86⁰ 20’ 56” East, a distance of 53.41 feet from the southeasterly corner of that 5.78 acre tract as conveyed to the City of Columbus, by deed of record in Deed book 2929, Page 99;
Thence leaving said right-of-way line and being across said Hale tract, the following seven (7) courses and distances:
Northwesterly, along the arc of a curve to the right (Delta = 38⁰ 52’ 40”, Radius = 47.00 feet), a chord bearing and distance of North 15⁰ 47’ 16” West, 31.28 feet to an iron pin set at a point of tangency;
North 3⁰ 39’ 04” East, a distance of 168.84 feet to an iron pin set at a point of curvature of a curve to the right;
Northeasterly, along the arc of said curve (Delta = 89⁰ 39’ 08”, Radius = 12.00 feet), a chord bearing and distance of North 48⁰ 28’ 38” East, 16.92 feet to an iron pin set at a point of tangency;
South 86⁰ 41’ 48” East, a distance of 119.04 feet to an iron pin set at a point of curvature of a curve to the right;
Southeasterly, along the arc of said curve (Delta = 89⁰ 42’ 44”, Radius = 37.00 feet), a chord bearing and distance of South 41⁰ 50’ 26” East, 52.19 feet to an iron pin set at a point of tangency;
South 3⁰ 02’ 20” West, a distance of 154.07 feet to an iron pin set at a point of curvature of a curve to the right; and
Southwesterly, along the arc of said curve (Delta = 33⁰ 12’ 50”, Radius = 37.00 feet), a chord bearing and distance of South 18⁰ 50’ 56” West, 21.15 feet to an iron pin set in the northerly right-of-way line of said Morse Road;
Thence North 86⁰ 20’ 56” West, along said right-of-way line (being 60 feet northerly from, as measured at right angles and parallel with the centerline of Morse Road), a distance of 153.88 feet to the true point of beginning, containing 0.807 acre of land, more or less.
Subject, however, to all legal rights-of-ways and/or easements, if any, of previous record.
Bearings contained herein are based on the Ohio State Plane Coordinate System as per NAD 83. Control for bearings was from coordinates of Monuments Frank 69 and Frank 169 established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
To Rezone From: L-C-4, Limited Commercial District,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of 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 change on the said original zoning map and shall register a copy of the approved L-C-4, Limited Commercial District and Application records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plan titled, "CHIPOTLANE STORE #0301," and said text titled, "LIMITATION TEXT," both dated July 2, 2020, and signed by Sam McAdow, E.I., Agent for the Applicant, and the text reading as follows:
LIMITATION TEXT
Z91-052E
July 2, 2020
Subarea 1 L-C-4 (Currently Z91-052C)
1. Subarea 1 shall contain 21+/- gross acres of real property located on the west side of Hamilton Road between Morse Road and Broadview Road. Uses within Subarea 1 shall be characterized as retail in nature.
2. Permitted Uses/Development Standards:
A. Permitted uses and applicable development standards for this Subarea are contained in Chapter 3356 (C4) of the Columbus Zoning Code unless otherwise indicated within this limitation text.
The following uses are excluded from the subarea: bus or truck terminal
3. Permitted Density:
The permitted maximum site density of this Subarea shall not exceed the ratio of 12,000 gross square feet of building per net acre of site.
4. Traffic and Circulation:
A. Morse Road shall contain a right-of-way of 100 feet.
B. Hamilton Road shall contain a right-of-way of 120 feet.
C. Broadview Road shall have a minimum right-of-way of 60 feet.
D. Full service intersections located on Morse or Hamilton shall be spaced at 650 feet apart taken centerline to centerline. Curb cuts shall align with full service intersections located on the east side of Hamilton.
E. All major vehicular entries to the retail centers may be a landscaped boulevard.
F. Right-in and right-out curb cuts are permitted, however, such curb cuts shall have a minimum spacing and separation of 200 feet taken centerline to centerline.
G. Curb cuts located on Broadview Road shall be spaced at a minimum of 200 feet apart taken centerline to centerline.
H. Any development having full access to Hamilton Road shall construct an additional lane on Hamilton Road if required by City of Columbus Division of Traffic Management. The additional lane shall run the length of the frontage to facilitate turning traffic on to and off of Hamilton Road. Construction shall be done at time of development and to specifications of City of Columbus.
5. Parking and Loading:
A. Size, ration and type of parking and loading facilities shall be regulated by Columbus Zoning Code under Chapter 3312.
B. The view of all loading docks shall be fully screened on all sides from any adjacent roadway, building or parking lot achieving 90% opacity to a minimum height of seven (7) feet from finished grade.
6. Height and Setback Requirements:
A. The setback off Hamilton Road and Morse Road shall be 40 feet for parking, loading and maneuvering areas and 75 feet for building.
B. Height district within the Subarea shall be 60 feet as measured per Columbus Zoning Code.
7. Landscaping/Environmental Treatment for Subarea 1:
A. Within the required 40 foot green space corridor, fencing and landscaping shall be required for a minimum of 65% of the frontage along Hamilton Road and Morse Road within each parcel. Such fencing and landscaping shall be uniformly placed within the last 20 feet of the required 40 foot green space corridor at a minimum distance of 20 feet from right-of-way. The fencing shall consist of a 4-board fence and is 52 inches in height. It shall be constructed of 1 inch x 6 inches x 16 foot treated wood boards attached to 6 to 7 inch treated posts, with face boards, located 8 feet on center. The landscaping shall consist of deciduous shade trees (minimum 2 inch caliper upon installation), ornamental trees (minimum 1 caliper upon installation) and evergreen trees (height 4 feet to 6 feet upon installation). Evergreen and/or deciduous shrubs and mounding may be used. To insure the utilization of a variety of plant material, 3 evergreen trees, 3 ornamental trees and 2 shade trees and at least 5 shrubs shall be used for every 100 feet of frontage. Should the trees currently enclosed within the fence in the southern frontage adjacent to Morse Road be removed and not replaced, the fence will be moved to 30 feet from the right-of-way as originally required by Z91-052.
B. Street tree planting shall be required within the green space corridor. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester and have a minimum caliper upon planting of 2 inches and a minimum spacing of 35 feet on center and located 1 foot from edge of right-of-way.
C. All parking areas adjacent to Hamilton Road and Morse Road shall have headlight screening parallel to the frontage with a minimum height of 30 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of an evergreen hedge, earth mounding, or walls.
D. All major entries shall be demarked by utilizing the fencing and landscape material noted in 7A.
E. Tree plantings shall be required within site parking areas. The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2 inch caliper per tree) to total site coverage by buildings and pavement.
1. 0 to 20,000 square feet:
6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
2. 20,001 to 100,000 square feet:
10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,001 square feet.
3. Over 1000,000 square feet:
20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
F. At least 50% of required tree planting shall be integrated within parking or service areas. Existing trees of 3 inch caliper or greater may offset 2/3 of this requirement. Maximum possible green space shall be provided to minimize extensive unbroken hard surface areas.
G. Landscape islands are required within parking lots and shall be provided at a rate of 5 square feet of landscaped area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
H. The landscaping required in items E, F and G may be used to offset the parking lot landscaping requirements contained in Chapter 3312 of the Columbus Zoning Code.
I. Minimum tree size shall be no less than 2 inch caliper for street and/or shade trees, 4 feet to 6 feet in height for evergreen trees and 1 inch caliper for ornamental trees.
J. If landscaping is used to screen service area containing dumpsters, 90% opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than seven feet (7) above finish grade.
8. Lighting:
A. All external outdoor lighting fixtures to be used (except for building mounted fixtures) shall be form the same or similar manufacturer type or family to ensure aesthetic compatibility. All light poles and standards shall be in dark brown, bronze, black or dark green.
B. Parking lot lighting shall be no higher than 28 feet.
C. Building mounted lighting within service area shall be designed in such a way that no light spillage offsite occurs. Buildings may be illuminated by decorating light fixtures.
D. Landscaping at entries to parking lots and buildings shall be uplighted by ground mounted concealed fixtures or by decorative light fixtures.
9. Signage: All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code as it applies to the appropriate zoning district. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
A. OVERALL DEVELOPMENT SIGN (IDENTIFICATION/LANDMARK):
The height of any ground sign for the overall development shall not exceed 30 feet in height. For the purposes of calculating height, a decorative finial feature on the sign shall not be included in the overall height of the sign. The sign for the overall development shall be in general conformance with the attached exhibit titled "Sign Exhibit".
B. RETAIL CENTER SIGN:
The height of ground supported signage shall not exceed 20 feet for all retail centers. A retail center shall be defined as a building that contains 2 or more stores dedicated to retail sales.
C. OUTPARCEL SIGN:
Outparcel ground supported signage shall be limited to a maximum height of 6 feet and a maximum area of 50 square feet and may be placed within the setback area at a minimum of fifteen (15) feet from street right-of-way.
D. INGRESS/EGRESS SIGN:
No more than one (1) directional entry and exit sign located at each entrance shall be ground type only and limited to 4 square feet in area per face and located at a minimum of five (5) feet from street right-of-way. In no case shall such signage interfere with maintaining safe clear sign distances at driveway entries and exits. Identification logo or name shall not be displayed on directional signage.
E. All other ground signs shall be behind the parking setback applicable to the abutting street.
F. No signs shall be painted directly on the surface of any building, wall or fence. No wall murals shall be allowed.
G. No roof signs shall be permitted nor should a sign extend higher than the building.
H. No flashing, traveling, animated or intermittently illuminated signs shall be used.
10. Architectural Requirements:
The following additional architectural requirements shall be applied to those uses located within 300 feet of the right-of-way line of Hamilton Road. However, the requirements do not apply to buildings in which at least 80% of their ground floor footprint lies outside designated zone.
A. A maximum of three building material types shall be utilized for the exterior of any building including roof material. No roofs of metal only, mansard roof can be metal but all other roofs shall be constructed of shingles of asphalt or wood shakes. Minor accenting of structures through the use of a fourth building material shall be permitted. At least 30% of each structure, located on an outparcel developed in conjunction with or as part of a single identified shopping center, shall be constructed of materials common to other such outparcel structures. This will achieve overall architectural uniformity.
B. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure.
C. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by same materials utilized on building root or exterior. Color shall also match building exterior or roof. Mechanical and all other equipment on the ground shall be fully screened from view by wall, fence or landscape material utilizing the same material or character of the building.
D. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
E. Blank facades on rear of buildings will not be permitted, therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required. Such articulation shall be evenly spaced along the building elevation at a distance no greater than 20 foot-0 inches.
F. All buildings shall be finished utilizing the same materials on all sides of the exterior.
G. It is recommended that in addition to using building elements to articulate building mass, individual elevations must be articulated with fenestrations, pattern or structural expressions equally on all sides of the structure. Through the use of articulated building elements such as porticoes, dormers, recesses and other such elements, the overall building mass will appear to be reduced and will reflect a residential character.
SECTION 4. That the existing Limitation Text in Section 1 of Ordinance #1247-2004, November 29, 2004 (Z91-052C), is hereby repealed on this property.
SECTION 5. That the existing Section 1 of Ordinance #366-92, passed March 9, 1992 (Z91-052) is hereby modified to establish the revised legal description for the property subject to this amendment ordinance.
SECTION 6. 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 ten days after passage if the Mayor neither approves nor vetoes the same.