Explanation
Rezoning Application Z09-020
APPLICANT: N.P. Limited Partnership; c/o David Perry, Agent; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Regional commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on September 10, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.99± acre site is undeveloped and zoned in the R, Rural District. The development standards address building and parking setbacks, landscaping, mechanical and dumpster screening, buffering, and lighting controls. The site is located within Subarea J-1 of the Far North Plan (1994), which supports regional-scale commercial development as the most appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous commercial rezoning applications have been approved as additional property became available for commercial expansion. The request is consistent with the established development standards of adjacent zoning districts and is compatible with development in the area.
Title
To rezone 1284 GEMINI PLACE (43240), being 5.99± acres located on the north side of Gemini Place, 1750± feet west of Lyra Drive, From: R, Rural District, To: L-C-4, Limited Commercial District (Rezoning # Z09-020).
Body
WHEREAS, application #Z09-020 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.99± acres from R, Rural District to L-C-4, Limited Commercial District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has five foot wide sidewalks which have been shown to increase walkability, a safe pedestrian connection from the building to the public sidewalk system, and centrally located bike racks for employees or visitors that ride their bike by choice or because of limited alternatives; 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 commercial development with appropriate development standards that is consistent with the land use recommendations of the Far North Plan (1994) and adjacent zoning districts. The request is compatible with development in 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:
1284 GEMINI PLACE (43240), being 5.99± acres located on the north side of Gemini Place, 1750± feet west of Lyra Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus, being part of Farm Lot 14, Section 4, Township 3, Range 18, United States Military Lands, being 5.988 acres out of Farm Lot 14, being a 5.988 acre tract of land that lies over and across a 120.00 acre tract of land described in a deed to Christ the King Church of record in Official Record Volume 243, page 859, and being more particularly described as follows:
COMMENCING for reference at the intersection of the centerline of Gemini Place (Ordinance Number 1867-2004) formerly known as Fashion Mall Parkway of record in Plat Cabinet 2, Slide 670 and the centerline of Lyra Drive Part 3 of record in Plat Cabinet 2, Slide 669;
Thence North 87°04'17" West with the centerline of said Gemini Place, a distance of 1811.83 feet to a point;
Thence North 02°55'43" East crossing said Gemini Place right of way, a distance of 55.00 feet to a point on the northerly right of way line of said Gemini Place, being on the southerly line of said 120.00 acre tract, being at the southwesterly corner of a 1.916 acre tract of land described in a deed to N.P. Limited Partnership of record in Official Record Volume 848, Page 19, and being the TRUE POINT OF BEGINNING of the tract to be described;
Thence North 87°04'17" West with said northerly right of way line and with the southerly line of said 120.00 acre tract, a distance of 226.37 feet to a point at the northeasterly corner of a 9.949 acre tract of land described in a deed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2261;
Thence North 87°03'32" West with the northerly line of said 9.949 acre tract and the southerly line of said 120.00 acre tract, a distance of 464.87 feet to a point;
Thence crossing said 120.00 acre tract with the following two (2) courses and distances:
1.) North 06°37'03" West, a distance of 366.91 feet to a point;
2.) South 87°03'02" East, a distance of 750.95 feet to a point on the westerly line of a 13.323 acre tract of land described in a deed to Gemini Place Towne Center, LLC of record in Official Record Volume 847, Page 558;
Thence South 02°44'57" West with the westerly line of said 13.323 acre tract and said 1.916 acre tract, a distance of 361.66 feet to the true point beginning containing 5.988 acres of land, more or less.
Basis of Bearings: Bearings are based on data acquired by GPS observations as per NAD 83 (1995)-Ohio State Plane Coordinate System-North Zone from the Delaware County Geodetic Control Monumentation.
The above description is based on and referenced to an exhibit prepared by Floyd Browne Group, attached hereto and made a part hereof. All references are to the records of the Recorder's Office, Delaware County, Ohio.
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 titled, "DEVELOPMENT TEXT," signed by David B. Perry, agent for the Applicant, and Donald Plank, attorney for the Applicant, and dated October 28, 2009, and the text reading as follows:
EXISTING DISTRICT: R, Rural District
PROPOSED DISTRICT: L-C-4, Limited Commercial District
PROPERTY ADDRESS: 1284 Gemini Place, Columbus, OH 43240
OWNER: Christ the King Church, C/O Bennett Smith, 1250 Gemini Place, Columbus, OH 43240
APPLICANT: N P Limited C/O Dave Perry, Agent, The David Perry Company, 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
DATE OF TEXT: October 28, 2009
APPLICATION NUMBER: Z09-020
INTRODUCTION:
Applicant proposes to rezone 5.988 +/- 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 5.988 +/- acre site to the east, 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.
1.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 as may be approved by the Columbus Graphics Commission.
3) Used car lots, except used car lots used in conjunction with the sale of new cars.
4) 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.
5) Halfway House.
2.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 line of the property being rezoned shall not exceed 60 feet in height, as long as the adjacent property to the north is zoned and used for single-family dwellings.
2) Building Lines:
a) The building setback line shall be fifty (50) feet from any public street. There shall be no required building setback from any side or rear property line, except if required by other development standards established in this text.
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.
3) Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) 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) 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.
2) Direct, full-turning movement access to Gemini Place shall be permitted, subject to engineered design approval as identified in the access study titled "1284 Gemini Place: Traffic Generation of the Site to Determine Left Turn Lane Needs", dated September 9, 2009, prepared by J. Gallagher Group, subject to full-turning access on Gemini Place being 501 feet centerline to centerline from the Christ the King Church private driveway intersecting Gemini Place to the west of this site, and subject to a westbound right turn lane being be provided at the new full service access point upon development of 1.8 acres of the area comprising this rezoning application, or as may be approved administratively in the future, based on an additional or updated study. Access shall also be permitted using the adjacent church driveway to the west and the access easement to the north of the site.
3) If a traffic signal is warranted in the future at the intersection of Gemini Place and the Christ the King Church ("Church") driveway, the cost of the signal design and construction will be 100% privately paid for by those parties using the private driveway and other property owners and lessees as may be determined at the time. The signal shall also be 100% privately maintained and applicable parties shall enter into a signal agreement contract with the City of Columbus.
4) A public sidewalk shall be provided along Gemini Place as required by City of Columbus.
5) A pedestrian connection shall be provided from the public sidewalk along Gemini Place to the primary building on the site.
6) A bike rack shall be provided on-site.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1) 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.
2) 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.
3) All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
4) The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet, Shrubs - 2 gallon.
5) 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 feet 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.
6) 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 feet 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) 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.
8) 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.
9) For all retaining walls an area to be planted with shrubs and/or vines shall be provided between the wall and any paved area.
10) 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. 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.
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.
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. Any request for an Off-Premise Graphic shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
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.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.