Explanation
Rezoning Application Z93-106A
Ordinance #172-94, passed February 14, 1994, rezoned 21.74+ acres located at 3920 Spring Mill Drive from the CPD, Commercial Planned Development and R, Rural Districts to the CPD, Commercial Planned Development District. That rezoning (Z93-106) identified the subject property as Subarea 7 to allow its incorporation into an overall 342.7+ acre large-scale commercial development known as Mill Run within the jurisdiction of both the city of Columbus and the city of Hilliard. The CPD text, as established by Ordinance #172-94, included specific use restrictions and development standards addressing setbacks, lighting, landscaping, graphics, and access controls. This legislation will amend Ordinance #172-94, passed on February 14, 1994, by modifying the CPD text to permit one right-in-only curb cut onto Fishinger Boulevard for the parcel located at the southwest corner of Fishinger Boulevard and Park Mill Run Drive subject to the approval by the Transportation Division. This amendment does not alter any other requirements established by Ordinance #172-94.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #172-94, passed February 14, 1994, by repealing Section 3 in its entirety and replacing with a new Section 3 thereby modifying the limitation overlay text to permit one right-in-only curb cut for the parcel located at the southwest corner of Fishinger Boulevard and Park Mill Run Drive subject to the approval of the Transportation Division, and to declare an emergency. (Rezoning # Z93-106A).
Body
WHEREAS, Ordinance #172-94, passed February 14, 1994, rezoned 21.74+ acres located at 3920 Spring Mill Drive from the CPD, Commercial Planned Development and R, Rural Districts to the CPD, Commercial Planned Development District; and
WHEREAS, that rezoning established specific use restrictions and development standards addressing setbacks, lighting, landscaping, graphics, and access controls; and
WHEREAS, it is necessary to amend Ordinance #172-94, passed February 14, 1994, to permit one right-in-only curb cut onto Fishinger Boulevard for the parcel located at the southwest corner of Fishinger Boulevard and Park Mill Run Drive subject to the approval of the Transportation Division; and
WHEREAS, all other aspects of the CPD text and site plan contained in Ordinance #172-94 are unaffected by this amendment and remain in effect; and
WHEREAS, an emergency exists in the daily operation of the Department of Development in that it is immediately necessary to amend the CPD text of Ordinance #172-94 concerning access restrictions, for the preservation of the public health, peace, property and safety, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That existing Section 3 of Ordinance #172-94, passed February 14, 1994 (Z93-106), be amended by repealing said Section 3 in its entirety and that a new Section 3 is adopted and reading as follows:
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 CPD District and Application among the records of the Building and Development Services Section as required by Section 3311.12 of the Columbus City Codes; said being titled, "Subarea Modification, Mill Run Subdivision, Park Mill Run Limited Partnership" signed by Jeffrey L. Brown, Attorney for the applicant, dated December 31, 1993; and text being titled, "CPD Text for Subarea 7, Mill Run," signed by Jeffrey L. Brown, Attorney for the Applicant, dated September 19, 2003, and reading as follows:
CPD TEXT FOR SUBAREA 7
MILL RUN
COLUMBUS, OHIO
SEPTEMBER 19, 2003
THE MILL RUN PROJECT
The Mill Run project consists of approximately 342.7 acres located in northwest Franklin County and is bounded by Smiley Road on the east, Hilliard-Cemetery Road on the north, I-270 on the west and The Glen Subdivision to the south. Approximately 212.3 acres of the Mill Run project lies within the City of Columbus, Ohio and the balance lies within the City of Hilliard as depicted on Drawing 1. Due to a corporate boundary adjustment between the City of Hilliard and the City of Columbus in 1993 the City of Columbus portion of the Mill Run project is 205 acres.
ZONING HISTORY
2003 amendment: Permits a right in curb cut from Fishinger Road just south of Park Mill Run Drive. The applicant submitted a traffic study for said curb cut which is subject to review by the City's Division of Transportation.
On July 1, 1985, by Ordinance No. 1371-85, Columbus City Council approved the rezoning of the 212.3 acres of Mill Run located in the City of Columbus from R, Rural, to CPD, Commercial Planned Development and L-AR-12, Limited-Apartment Residential, as recommended by the Development Commission in Case Nos. Z85-045A and Z85-045B.
Thereafter, an Amended Conferring Text was approved effective July 29, 1987 by Columbus City Council by Ordinance No. 1215-87 as recommended by the Development Commission in Case No. Z87-1288.
Subsequently, a 14.9 acre parcel, located at the northeast corner of the Mill Run property, covered by the Amended Conferring Text was rezoned I, Institutional, and thus deleted from the Amended Conferring Text by Columbus City Council pursuant to Ordinance No. 45-88 on February 1, 1988, as recommended by the Development Commission in Case No. Z87-1735. On March 27, 1989, the owner rezoned this parcel PUD pursuant to Case No. Z88-3105. On April 2, 1990, this parcel was further rezoned PUD-8 pursuant to Case No. Z89-157.
Subsequently, a second Amended Conferring Text was approved effective June 6, 1988 by Columbus City Council by Ordinance No. 1293-88, as recommended by the Development Commission in Case No. Z88-1905. Finally, a Restated and Amended Conferring Text for Mill Run was approved effective April 3, 1990 by Ordinance No. 752-90, as recommended by the Development Commission in Case No. Z90-009. The Restated and Amended Conferring Text established, among other things, seven Subareas within that portion of Mill Run located within the City of Columbus.
Thereafter, Subarea 5 was divided into Subarea 5A (L-C4) and Subarea 5B (L-ARLD) as approved on July 12, 1990 by Columbus City Council by Ordinance No. 620-77 as recommended by the Development Commission in Case No. Z90-090.
Subsequently, Subareas 5A and 5B were re-established along with the creation of Subarea 7 which was itself divided into two Subareas 7A (CPD) and 7B (CPD), by Columbus City Council in Ordinance No. 944-91 as recommended by the Development Commission in Case No. Z91-011. This change reflected the proposed shift of Spring Mill Drive southward from its previous location. Thereafter Subarea 7B became Subareas 5C and was zoned L-ARLD by Ordinance No. 2615-92, effective December 21, 1992, as recommended by the Development Commission in Case No. Z92-078. In addition, Subarea 7A (CPD) was reduced in acreage from 31.867 acres to 28.953 acres to accommodate the re-shifting northward of Spring Mill Drive to its existing position prior to the vacation action of 1988 and was renamed Subarea 7. The reduced acreage off the south end of Subarea 7A was incorporated into the existing Subarea 7B and became Subarea 5C, consisting of 8.367 acres. Thereafter, Subarea 4 was divided into Subareas 4A, 4B, 4C, and 4D and additional uses were allowed in Case No. Z93-047 as passed by Columbus City Council in Ordinance 1777-93, as recommended by the Development Commission.
Subsequently the City of Columbus and the City of Hilliard approved a corporate boundary adjustment which transferred 11.476 acres from the City of Columbus to the City of Hilliard in Ordinance No. Z061-93 effective November 4, 1993 and 4.258 acres from the City of Hilliard to the City of Columbus in Ordinance No. Z062-93 effective November 4, 1993.
This CPD text for Subarea 7 for Mill Run supersedes and replaces the CPD text for Subarea 7 contained in Z92-078; the limitation text for Subareas 5B and 5C contained in Z92-078 still applies to those subareas. The Restated and Amended Conferring Text (Z90-009) shall continue to apply to Subareas 1, 2, 3 and 6.
While the entire Mill Run project represents varied uses, the Development and the Mill Run Owners' Association will continue to exert controls on building materials and colors, as well as site development. These development standard have been incorporated into deed restrictions applicable to the entire project.
CPD TEXT FOR SUBAREA 7
Permissible Uses: All uses permitted under C-1, C-2, C-3, C-4 and C-5 except game rooms, adult books stores and used car lots, except used car lots in connection with an automobile dealership.
Development Standards: Unless otherwise indicated the applicable development standards are contained in Chapter 3355 of the Columbus City Code.
Traffic Plan: Primary access through, into and out of Mill Run is via Fishinger Boulevard, which has been extended by the Developer west of Smiley Road and connects to I-270 at Hilliard-Cemetery Road. This major arterial has been developed with four 12' -0" lanes with a 12' -0" median. Access onto Fishinger Boulevard within Mill Run will be limited as depicted on the Development Master Plan except that a right-in-only curb cut from Fishinger Road shall be permitted for the parcel located at the southwest corner of Fishinger Road and Park Mill Run Drive. Said curb cut shall be subject to the review and approval of the City's Division of Transportation.
There will be no on-street parking on any arterial or collector street. All arterials and collector streets shall be public streets unless otherwise agreed by the City of Columbus Division of Traffic Engineering. Traffic improvements shall include signalization subject to a detail warrant analysis based on actual traffic volumes. The Developer will pay for traffic signals along Fishinger Road. Information kiosks, substantially similar to the kiosks approved by the City of Columbus Graphics Commission pursuant to Application No. VG88-3026, will be permitted at public intersections. Mill Run Owners' Association will maintain all such kiosks.
Curb cuts: All curb cuts from public streets to private property shall be subject to the applicable standards, rules and policies of the City of Columbus.
Environmental: All exterior building materials will be of brick, stucco, concrete, glass, wood or stone. All loading and storage areas will be screened from the street or public view.
Signage: There shall be no roof-mounted, co-op or rotating signs. Nor shall signs with flashing lights, billboards or, except as specifically provided herein or permitted by the City of Columbus Graphics Commission, off-premises graphics be permitted.
There shall be one ground-mounted sign allowed for each point of access from a public street, plus one ground-mounted sign for each free-standing building, which sign shall be in addition to any building-mounted signage allowed hereunder or under the City of Columbus Graphics Code. Any ground-mounted sign may identify any owner or occupant within the area shown on Drawing One. This provision would permit property which is located in the City of Hilliard to have signage on property which is located in the City of Columbus, as well as permit owners or tenants to have signage on property which is not where that owner or tenant is located. More than one ground-mounted sign may appear on a tax parcel.
Internally illuminated signs, as well as externally illuminated signs that do not interfere with vehicular traffic shall be permitted. All other signage requirements shall conform to the Columbus Graphics Code, subject to such variances as may be granted by the Columbus Graphics Commission.
Lighting and Utilities: All site electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent property.
All street lighting shall be rectangular architectural luminaire on a 29' - 0" dark brown baked enamel pole per the City of Columbus' standard.
All external outdoor lighting fixtures to be used shall be from the same family or similar manufacturer's type to ensure aesthetic compatibility. All light poles and luminaries shall be a dark brown finish to match the street lights.
Building Heights: Maximum 90' - 0".
Setbacks: All buildings shall be setback 30' - 0" from the street right-of-way. All parking areas shall be setback 20' - 0" from the street right-of-way. There are no setback requirements applicable to the common boundary between the cities of Columbus and Hilliard other than as specifically set forth in the Restated and Amended Conferring Text and applicable CPD and limitation texts. To the extent the common boundary between the cities bisects any building, the respective cities shall agree upon the handling of fire and police protection and allocation of tax revenues.
Parking: For the purpose of determining the adequacy of parking within Subarea 7, and whether such parking meets all applicable codes and zoning requirements, the parking and uses contained in Subarea 7, and that property within the City of Hilliard to the north and west of Subarea 7 (designated on the rezoning exhibit hereto as the "Hilliard Area") shall be combined. The combined parking in Subarea 7 and the Hilliard Area contains a provision relative to combined parking requirements in the form attached hereto as Exhibit A and such PUD zoning ordinance provides that it shall not be modified without prior written notices to the City of Columbus, Department of Development, or its successors, of any hearings relative thereto at least seven days prior to such hearings.
SECTION 2. That existing Section 3 of Ordinance #172-94 (Z93-106), passed on February 14, 1994, be and is hereby repealed.
SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval if the Mayor neither approves nor vetoes the same.