Explanation
Rezoning Application # Z03-088
APPLICANT: N.P. Limited; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-1) on February 11, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-C-4, Limited Commercial District establishes appropriate use restrictions and sensitive development standards in consideration of the adjacent single-family subdivision. The proposal is consistent with the Far North Plan (1994) and the zoning and development patterns of the area.
Title
To rezone 8999 TABERNASH DRIVE (43240), being 10.0± acres located 250± feet north of Fashion Mall Parkway, at the terminus of Tabernash Drive, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z03-088)
Body
WHEREAS, application #Z03-088 is on file with the Building Services Division of the Department of Development requesting rezoning of 10.0± acres from R, Rural District, to L-C-4, Limited Commercial District; and
WHEREAS, the Development 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 proceed with the property purchase/closing as zoning contingency must be released by NP Limited not later than May 1, 2004 with closing to occur shortly thereafter 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 requested L-C-4, Limited Commercial District establishes appropriate use restrictions and sensitive development standards in consideration of the adjacent single-family subdivision. The proposal is consistent with the Far North Plan (1994) and the zoning and development patterns of the area, 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:
8999 TABERNASH DRIVE (43240), being 10.0± acres located 250± feet north of Fashion Mall Parkway, at the terminus of Tabernash Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 14, Section 4, Township 3, Range 18, United States Military Lands and being 10.000 acres of land out of said Farm Lot 14 and being 10.000 acres of land out of an original 120.000 acre tract of land as conveyed to Christ the King Lutheran Church of record in Deed Book 521, Page 348 (all records being of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows;
Beginning for reference at the centerline intersection of Polaris Parkway (164.00 feet wide) as recorded in Plat Book 24, Page 137 with the centerline intersection of Gemini Parkway (80.00 feet wide) as recorded in Plat Cabinet 1, Slide 208 and also being the centerline intersection of the projected centerline of Fashion Mall Parkway as recorded in Plat Cabinet 2, Slide 670;
Thence North 70°31'37" East with the centerline of said Fashion Mall Parkway, a distance of 715.50 feet to a point;
Thence North 19°28'23" West crossing said Fashion Mall Parkway, a distance of 40.000 feet to the northerly right of way line of said Fashion Mall Parkway and being the southeasterly corner of an 8.419 acre tract as conveyed to Duke Associates No. 93 Limited Partnership of record in Deed Book 543, Page 83;
Thence with the easterly line of said 8.419 acre tract and the westerly line of a 9.949 acre tract and the easterly line of a 36.115 acre tract as conveyed to N.P. Limited Partnership in Official Record Volume 268 Page 2248 the following (4) four courses;
North 02°27'09" West, a distance of 186.31 feet to a point;
North 38°54'32" East, a distance of 190.04 feet to a point;
North 02°06'51" East, a distance of 208.86 feet to a point;
North 03°22'35" East, a distance of 70.43 feet to the true point of beginning;
Thence North 03°07'33" East continuing with said easterly line of said 36.115 acre tract, a distance of 599.99 feet to a point at the southwesterly corner of lot 237 of Prestwick Commons Section 4 as recorded in Plat Cabinet 2 Slide 322;
Thence South 86°44'19" East with the southerly line of said lot 237 and the southerly line of Prestwick Commons Section 2 as recorded in Plat Cabinet 2 Slide 182, a distance of 728.44 feet to a point;
Thence South 03°07'33" West crossing said 120.000 acre tract, a distance of 595.95 feet to a point on the southerly line of said 120.00 acre tract and the northerly line of said 9.949 acre tract;
Thence North 87°03'24" West with said tract line, a distance of 728.45 feet to the true point of beginning and containing 10.000 acres of land more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is North 70°31'37" East for the centerline of Fashion Mall Parkway as recorded in Plat Cabinet 2, Slide 670.
To Rezone From: R, Rural District,
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of one-hundred-ten (110) feet is hereby established on the L-C-4, Limited Commercial 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-C-4, Limited Commercial 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 "DEVELOPMENT TEXT", signed by Donald T. Plank, Attorney for the applicant, dated March 23, 2004, and reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
10.0± Acres
EXISTING DISTRICT: R, RURAL DISTRICT
PROPOSED DISTRICT: L-C-4, LIMITED COMMERCIAL
PROPERTY ADDRESS: 8999 TABERNASH DRIVE, COLUMBUS, OH 43240
OWNER: CHRIST THE KING CHURCH C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
APPLICANT: N P LIMITED C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: MARCH 23, 2004
APPLICATION NUMBER: Z03-088
1. INTRODUCTION:
Applicant proposes to rezone 10 acres to the L-C-4, Limited Commercial District for commercial uses related to the Polaris Centers of Commerce development. Polaris Centers of Commerce is a 1,200 +/- acre commercial development abutting this 10 acre site to the west and south, including the Polaris Fashion Place regional mall. The site is located in Sub-Area J-1 of the Far North Plan, which sub-area supports commercial land use and recognizes the Polaris Centers of Commerce and other commercial development as the appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous additional commercial rezoning applications have been approved as additional property became available to expand the commercial development. This proposal is consistent with other approved rezoning applications that provided expansion area from the original Polaris rezoning. Applicant has established extensive deed restrictions on property presently in the Polaris Centers of Commerce and all property in the Polaris Centers of Commerce is subject to design review (Polaris Design Review Board) and approval of both the site plan and exterior building elevations and architecture. It is applicant's intention to establish the same or comparable deed restrictions and design review on this property.
2. PERMITTED USES: The following uses shall be permitted:
A. All uses of Section 3356.03, C-4 Permitted Uses, except the following:
1. Billboards
2. Off premise graphics except for (i) graphics which identify an overall development on the subject property (such as a large office park or shopping center) and the management of the development and (ii) graphics identifying uses within the Subarea in which the graphics are located or a Subarea contiguous to the Subarea in which the graphics are located or (iii) as approved by the Columbus Graphics Commission as part of a Graphics Plan.
3. Used car lots, except used car lots used in conjunction with the sale of new cars.
4. Outside storage of items with the exception of items offered for sale and accessory to a permitted use, such as hardware, lumber, or landscaping sales uses, etc.
5. Storage of hazardous wastes except for small quantities generated or used in connection with testing labs or other permitted use under controlled conditions in compliance with all laws regulating such materials.
6. Halfway House
3. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Height: The height district shall be H-110, allowing for a 110-foot height limitation in accordance with Sections 3309.14 and 3309.142 of the Columbus Zoning Code, except as follows:
a) Any building or structure (or any portion thereof) within one hundred (100) feet of the current north property line of the property being rezoned shall not exceed 35 feet in height.
b) Any building or structure (or any portion thereof) within two hundred fifty (250) feet of the current north property line of the property being rezoned shall not exceed 60 feet in height.
2. Building Lines:
(a) The building setback line shall be fifty (50) feet from any public street, fifteen (15) feet from any side property line, and ten (10) feet from any rear property line, except as otherwise set forth herein:
1) No building setback shall be required from any property line, other than a property line abutting a public street,
that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued
and the parcel created by the property line continues to function as part of the overall site for which the
Certificate of Zoning Clearance was issued.
2) The minimum building setback from the north property line shall be twenty (20) feet, as established by the minimum parking setback from the north property line (A,3), as long as the abutting property to the north is zoned and/or used for single-family dwellings.
3) Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) A twenty (20) foot landscaped parking setback shall be provided along and parallel to the north property line, as long as the abutting property to the north is zoned and/or used for single-family dwellings.
c) No parking or maneuvering areas, except driveways, shall be constructed nearer than three (3) feet from any side or rear property line, except as follows:
1) Internal aisles for vehicular circulation within parking lots to provide internal connection and circulation between adjacent parking lots are permitted.
2) No parking or maneuvering setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1) There shall be no vehicular access, other than as may be required by the City of Columbus, as an emergency access point for emergency services, to Tabernash Drive. If the terminus of Tabernash Drive is required as an emergency services access point, the street terminus shall be blocked in an approved manner to prevent the use of the street terminus for traffic related to commercial use(s) of the property.
2) Wheel blocks shall be provided in any parking spaces adjacent to the three (3) foot side or rear property line parking setback and the wheel blocks shall be placed within the parking space to prevent the overhang of vehicles into the parking setback.
3) Developer will consider provisions for pedestrian and/or bicycle connection from/to the subdivision to the north, for access across the subject site, when site development plans are prepared.
4) This site does not abut a street to which vehicular access can be obtained. Access to this site shall be via other commercially zoned property to the west and/or south presently owned by applicant. Prior to development, developer shall provide a site development plan for this 10-acre site depicting how vehicular access will be provided across adjacent commercial property to the Division of Transportation for review. The purpose of the review shall be limited to an evaluation of entrance and exit lane design from/to Polaris Parkway, Fashion Mall Parkway, as applicable, and any internal public or private street that may be developed to provide access to this 10 acre site and to determine if striping of existing pavement of Fashion Mall Parkway is needed, as applicable to the Fashion Mall Parkway curbcut(s) developed for property to the south that abuts Fashion Mall Parkway. There shall be at least one (1) internal vehicular connection point between this site and adjacent property to the south and/or west to provide for internal vehicular circulation between adjacent commercial development site(s).
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1) Screening with landscaping (or screening materials which may consist of any combination of earth mounding, landscaping, walls, and/or fences) shall be provided so as to hide trash collection areas and waste storage area from view, to a minimum opacity of not less than seventy five percent (75%). All such landscaping shall be properly trimmed and all screening shall be maintained in a neat and tidy manner. All service areas shall be separated from public circulation and parking areas.
2) All heating, ventilating, air conditioning and other building mechanical systems and equipment, whether roof mounted or ground level, shall be fully screened from view from all public streets. As an exception to the foregoing, equipment requiring ventilation may be located within architectural elements having an opacity of at least 80%. Ground level equipment may be screened by landscaping.
3) Where freestanding walls are used for screening, they shall be integrated into the building design and/or landscaping plan so as to appear to be a natural element of the building and/or lot on which such building is located.
4) All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
5) The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper, Ornamental - 1 ½ inch caliper, Evergreen - 5 feet in height, Shrubs - 2 gallon.
6) Provision for handling all truck service shall be totally within each parcel. No off-street loading areas or loading docks shall be located on or along the front wall of any building, within the front yard of any parcel or nearer than fifteen (15) feet from any side or rear property line. Off-street loading areas or loading docks located on or along the side wall of any building shall in no event be located nearer than twenty-five (25) feet from the front of the building and such facilities and all activities therein shall be screened from view from all public streets with buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6' high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
7) Any freight loading area located within fifty (50) feet of a residentially zoned property used for residential purposes shall be screened from such residential property by buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6' high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
8) Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel and adjacent and parallel to the side and rear property lines, except where no building setback is required, where aisles connect adjacent parking lots and where no parking setback is required. The surface of the side and rear buffer areas shall be expressly reserved for the planting of lawns, trees or shrubs and no structures (except approvable graphics), equipment of any nature (except utility equipment, which shall be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas.
9) Each parcel shall provide in the front of the parcel a minimum thirty (30) foot wide landscape buffer area, unless otherwise permitted in this development text, outside of but adjacent and parallel to any public street. Except for graphics and driveways, the surface of the front buffer area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may occur in said buffer areas.
10) The north twenty (20) foot landscaped parking setback shall contain a combination of screening and/or mounding and/or plant material to provide an opacity of not less than 75% to a height of five (5) feet at installation. Applicant shall make all reasonable efforts to preserve existing trees of 8 inch caliper or greater within the north 20 foot setback. Additional screening with plant material and/or fencing shall be provided in the 20 foot setback to meet opacity and height specifications, as needed.
11) For all retaining walls an area to be planted with shrubs and/or vines shall be provided between the wall and any paved area.
12) All open areas on each developed parcel not occupied by buildings, structures, outside storage areas, parking areas, street right-of-way paved
areas, driveways, walkways and off-street loading areas shall be suitably graded and drained and shall be landscaped with lawns, trees and shrubs.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1) All buildings shall be finished on all four (4) sides to the same quality and level of finish, as determined by the Polaris Design Review Board.
2) There shall be no exposed smooth face block on any north facing wall within 200 feet of the north property line.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1) All parking lot lighting shall use cut-off type fixtures (downlighting) and shall be designed and placed to minimize off-site light spillage and glare. Buildings
and landscaping may be uplighted from a concealed source.
2) Parking lot lighting shall be no higher than 28 feet, except that parking lot lighting within 100 feet of the north property line shall not exceed 18 feet in height.
3) All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
F. Graphics and Signage Commitments.
1) All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4, Commercial District, shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1) A monetary payment at the rate of $400.00/acre shall be made to the Recreation and Parks Department in conjunction with a request for a Certificate of Zoning Clearance, to comply with the Parkland Dedication Ordinance.
2) Severability. If for any reason any one or more articles, sections, sentences, clauses or parts of this Text are held invalid by any court of law or duly authorized public body, such determination shall not affect, impair or invalidate the remaining provisions of this Text, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Text held invalid and the invalidity of any section, sentence, clauses or parts of the Text in any one or more instances shall not prejudice in any way the validity of the Text in any other instance.
3) Future Zoning Applications. A zoning classification (L-C-4) and development standards which are thought to be appropriate are being established for the site with this Limitation Text. Development of the site will occur over an extended period of time and it may be necessary from time to time to augment the development standards and to provide for additional uses which cannot be foreseen but are compatible with the uses allowed. Any portion of the site being rezoned with this application may be rezoned independently or in conjunction with other abutting property in the future.
4) Future Variance Applications: The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, including any and all specific site development standards contained in this ordinance.
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.