Explanation
Rezoning Application Z06-026
APPLICANT: N.P. Limited Partnership; c/o David Perry, Agent; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is located within the boundaries of Subarea J.2 of The Far North Plan (1994). The plan supports "infill residential development that is compatible with existing residential development. " The deviation from the Far North Plan is warranted, in this case, owing to the site's proximity to the new I-71 interchange. The property is approximately 375 feet east of I-71 and 600 feet north of Gemini Place, which intersects with I-71 at the new interchange. The proposed L-C-4, Limited Commercial District text commits to customary use restrictions and development standards, consistent with the adjacent L-C-4 districts to the south and east.
Title
To rezone 8239 COLONIAL MEADOWS DRIVE (43035), being 5.36± acres located at the southeastern terminus of Colonial Meadows Drive, 780± feet south of East Powell Road, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z06-026)
Body
WHEREAS, application #Z06-026 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.35± 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 pass this ordinance in order that perimits can be submitted following closing 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 deviation from The Far North Plan is warranted, in this case, owing to the site's proximity to the new I-71 interchange. The site is located within the boundaries of Subarea J.2 of The Far North Plan (1994). The plan supports "infill residential development that is compatible with existing residential development. " The property is approximately 375 feet east of I-71 and 600 feet north of Gemini Place, which intersects with I-71 at the new interchange. The proposed L-C-4, Limited Commercial District text commits to customary use restrictions and development standards, consistent with the adjacent L-C-4 districts to the south and east, 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:
8239 COLONIAL MEADOWS DRIVE (43035), being 5.36± acres located at the southeastern terminus of Colonial Meadows Drive, and being more particularly described as follows:
5.355 Acre, City of Columbus, Delaware County, Ohio
Situated in the State of Ohio, County of Delaware, and City of Columbus, Farm Lot 16, Section 4, Township 3, Range 18, United States Military Lands and being 5.355 acres out of Farm Lot 16 and being all of Lot 712 and Lot 713 of the plat of Colonial Meadows Subdivision No. 2 as recorded in Plat Book 17 Page 175 of the Recorder's Office of Delaware County, Ohio and being more particularly described as follows;
Beginning for reference at the northwest corner of Lot 16 in the present right-of-way of Interstate Highway No. 71, said point being 91 feet to the right of Station 296+93 of the Freeway Survey and North 86°26' West, 59 feet from the easterly right-of-way line for said Freeway;
Thence South 03°49'0" West through said right-of-way of Interstate Highway No. 71, a distance of 749.72± feet to the northwesterly corner of a 5.681 acre tract and as conveyed to N.P. Limited Partnership of record in Official Record Volume 576 Page 1067;
Thence South 84°28'0" East with the northerly line of said 5.681 acre tract together with the southerly line of Lot 278 of Colonial Meadows as recorded in Plat Book 7, Page 541, a distance of 385.20 feet to the northeasterly corner of said 5.681 acre tract and being a point on the westerly right-of-way line of Colonial Meadows Drive as recorded in Plat Book 7, Page 541;
Thence South 05°32'0" West with the easterly line of said 5.681 acre tract together with said westerly right-of-way line, a distance of 37.00 feet to a point on the northerly line of said 5.681 acre tract and being a point on the southerly right-of-way line of said Colonial Meadows Drive;
Thence South 69°44'0" East with said northerly line of said 5.681 acre tract together with the said southerly right-of-way line, a distance of 48.00 feet to the northeasterly corner of said 5.681 acre tract and being the northwesterly corner of Lot 713 of Colonial Meadows Subdivision Number 2 as recorded in Plat Book 17, Page 175 to the true point of beginning;
Thence South 69°44'00" East with the southerly right of way line of said Colonial Meadows Drive, a distance of 32.00 feet to a point;
Thence South 84°28'00" East with the southerly right of way line of said Colonial Meadows Drive, a distance of 31.63 feet to a point;
Thence North 05°32'00" East with the easterly right of way line of said Colonial Meadows Drive, a distance of 57.34 feet to a point at the northwesterly corner of Lot 712 of said Colonial Meadows Subdivision No. 2;
Thence South 84°28'00" East with the northerly line of said Lot 712, a distance of 304.84 feet to a point at the northeasterly corner of said Lot 712;
Thence South 13°05'36" West with the easterly line of said Lot 712 and Lot 713, a distance of 318.16 feet to a point;
Thence South 09°17'00" West with the easterly line of said Lot 713, a distance of 327.55 feet to a point to the southeasterly corner of said Lot 713;
Thence North 84°36'00" West with the southerly line of said Lot 713 and the northerly of a tract of land conveyed to N.P. Limited Partnership of record in Official Record Volume 268 Page 2325 and the northerly corporation line of the City of Columbus as shown in Ordinance No. 3310-90 and recorded in Delaware County, Ohio in Plat Book 24, Page 83, a distance of 386.45 feet to a point at the southwesterly corner of said Lot 713 and the southeasterly corner of said 5.681 acre tract;
Thence North 13°25'25" West with the easterly line of said Lot 713 and the easterly line of said 5.681 acre tract and the corporation line of the City of Columbus as shown in Ordinance No. 0631-02 and recorded in Delaware County, Ohio in Plat Cabinet 2, Slide 777, a distance of 599.62 feet to the true point of beginning and containing 5.355 acres of land more or less.
This description was prepared by Floyd Browne Group, Inc., Delaware, Ohio. The basis of bearings is South 03°49'0" West for the westerly line of Farm Lot Number 16 as recorded in Official Record Volume 93, Page 1582.
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Maynard H. Thompson P.S. 7128 Date
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 June 16, 2006, and the text reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
5.355± Acres
EXISTING DISTRICT:
R, Rural District
PROPOSED DISTRICT:
L-C-4, Limited Commercial
PROPERTY ADDRESS:
8239 Colonial Meadows Drive, Columbus, OH 43035
OWNER(S):
Jerry L. and Evelyn Jean Cline and Robert C. and Jessica J. Williams c/o Dave Perry,
Agent, The David Perry Company, 145 East Rich Street, Columbus, OH 43215 and
Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
APPLICANT:
NP Limited c/o Dave Perry, Agent, The David Perry Company, 145 East Rich Street,
Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street,
Columbus, OH 43215
DATE OF TEXT:
June 16, 2006
APPLICATION NUMBER:
Z06-026
1. INTRODUCTION:
Applicant proposes to rezone 5.355 +/- acres to the L-C-4, Limited Commercial District for commercial uses related to the Polaris Centers of Commerce development. The site abuts 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, including property that abuts Sub-Area J-1, as this parcel does. The site also abuts 5.5 +/- acres now zoned L-C-4 to the west. The construction of a second interstate interchange on I-71 for the Polaris Centers of Commerce will cause this property to be located in close proximity to the new interchange, making it particularly appropriate for commercial use, along with its adjacency to other Polaris/L-C-4 property to the west and south. This proposal is consistent with other approved rezoning applications that provided expansion area from the original Polaris rezoning. Extensive deed restrictions have been established on property presently in the Polaris Centers of Commerce and all property in the Polaris Centers of Commerce is subject to use and design review (Polaris Design Review Board) 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 fifty (50) feet of the north property line and/or twenty-five (25) feet of the east property line shall not exceed thirty-five (35) feet in height, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.
b) Any building or structure (or any portion thereof) within seventy-five (75) feet of the north property line and/or fifty (50) feet of the east property line shall not exceed sixty (60) feet in height, as long as adjacent property to the north and east, as applicable to each setback, respectively, 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, 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 and east property lines shall be twenty-five (25) feet, as long as the adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings, and subject further to applicable height and setback provisions established in A.1.a and b.
3) Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) A minimum eighteen (18) foot landscaped parking setback shall be provided along and parallel to the north property line and a minimum eighteen (18) foot landscaped parking setback shall be provided along and parallel to the east property line, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and 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 required above (b) and 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 to Colonial Meadows Drive.
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) The site does not directly abut any public street for vehicular access. Vehicular access will be provided through the adjacent commercially zoned property to the west and south, all owned by applicant at the time of this rezoning. Applicant's property to the west and south fronts on and will have access to the Gemini Parkway/Orion Place intersection.
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 100%. 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 and also from view from the north property line of the 5.35 +/- acres being rezoned. 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 inches, Ornamental - 1 ½ inches, Evergreen - 5 feet, 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 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.
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 foot 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, along any public street, 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 and east landscaped parking setbacks, meaning the parking setbacks from the north and east property lines of the 5.355 +/- acre tract being rezoned, shall contain a combination of screening and/or mounding and/or plant material to provide an opacity of not less than 85% to a height of five (5) feet high at installation. Both the north and east parking setbacks shall specifically include: a) continuous mounding at 3:1 slope to a minimum height of three (3) feet, except where mound height is reasonably tapered to terminate the mound or if specifically not permitted by the City of Columbus related to required storm water management, and b) plant material with a mixture of deciduous and evergreen trees at the minimum rate of eight (8) trees per 100 lineal feet. Plant material required by this section shall be planted on the required mound. Trees may be planted in a row or clustered. The requirements of this section shall be applicable as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.
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) Buildings shall be finished with the same level and quality of finish on all four sides, as determined by the Polaris Design Review Board. There shall be no exposed smooth face concrete block.
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. There shall be no parking lot lighting within 50 feet of the north or east property lines as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings. Parking lot lighting shall not exceed one (1) foot candle, as measured at the north or east property lines of the 5.355 +/- acre area being rezoned, as long as adjacent property to the north and east, as applicable to each setback, respectively, is zoned and used for single-family dwellings.
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 (PDO).
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.
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.