Explanation
Rezoning Application Z03-089
APPLICANT: N.P. Limited; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Regional commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on
February 11, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-C-4, Limited Commercial District provides nearly identical use restrictions, development standards, and access controls (there will be no vehicular access from Colonial Meadows Drive to the site) as abutting and nearby commercial districts. The limitation overlay text establishes sensitive buffering in consideration of the single-family lots to the north and east in Delaware County by providing specific lighting, landscaping, screening, and setback controls. While the Far North Plan (1994) recommends infill residential development, a deviation is warranted due to the planned expansion of Fashion Mall Parkway and new interchange where this site abuts I-71.
Title
To rezone 8240 COLONIAL MEADOWS DRIVE (43240), being 5.68± acres located at the southern terminus of Colonial Meadows Drive, From: R, Rural District, To: L-C-4, Limited Commercial District. (Rezoning # Z03-089)
Body
WHEREAS, application #Z03-089 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.68± 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, the City Departments recommend approval of said zoning change because the proposed L-C-4, Limited Commercial District provides nearly identical use restrictions, development standards, and access controls (there will be no vehicular access from Colonial Meadows Drive to the site) as abutting and nearby commercial districts. The limitation overlay text establishes sensitive buffering in consideration of the single-family lots to the north and east in Delaware County by providing specific lighting, landscaping, screening, and setback controls. While the Far North Plan (1994) recommends infill residential development, a deviation is warranted due to the planned expansion of Fashion Mall Parkway and new interchange where this site abuts I-71, 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:
8240 COLONIAL MEADOWS DRIVE (43240), being 5.68± acres located at the southern terminus of Colonial Meadows Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware and in the City of Columbus:
Being a part of Lot Sixteen (16), Section 4, Township 3, Range 18, United States Military Lands bounded and described as follows: Beginning at a point in the northwest corner of Lot No. 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 a concrete right-of-way monument for said Freeway; thence S. 3° 49' W. 749.72 to a point in the right-of-way of said Freeway, said point being the true place of beginning and the northwest corner of the parcel to be described:
Leaving said place of beginning S. 84° 28' E. 385.20' to an iron pin, (passing an iron pin in the east right-of-way line of said Freeway at 27.27'); thence S. 5° 32' W. 37' to an iron pin; thence S. 69° 44' E. 48.00' to an iron pin; thence S. 13° 25' 25" W. 599.62 to an iron pin; thence N. 84° 36' W. 330.00' to an iron pin in the southwest corner of the premises herein described and also on the east right-of-way line of said Interstate 71; thence N. 3° 49' E. 644.21' to the place of beginning. Above described tract contains 5.681 acres, more or less, of which 0.202 acres are under permanent easement to the State of Ohio and 0.148 acres are subject to right-of-way.
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, dated March 23, 2004, and reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
5.68± Acres
EXISTING DISTRICT: R, RURAL DISTRICT
PROPOSED DISTRICT: L-C-4, LIMITED COMMERCIAL
PROPERTY ADDRESS: 8240 COLONIAL MEADOWS DRIVE, COLUMBUS, OH
43240
OWNER: COLONIAL MEADOWS LLC C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
APPLICANT: COLONIAL MEADOWS LLC C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: MARCH 23, 2004
APPLICATION NUMBER: Z03-089
1. INTRODUCTION:
Applicant proposes to rezone 5.68 +/- 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 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. 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 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 seventy-five (75) feet of the north property line and fifty (50) 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/or used for single-family dwellings.
b) Any building or structure (or any portion thereof) within one-hundred fifty (150) feet of the north property line and one hundred (100) 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/or used for single-family dwellings.
2. Building Lines:
(a) The building setback line shall be fifty (50) feet from any public street,
except Interstate 71, 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/or used for single-
family dwellings, and subject further to applicable height and setback
provisions established in A.1.a and b.
3) The building setback from I-71 shall be 25 feet.
3. Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets,
except Interstate 71, which shall have a ten (10) foot parking setback.
b) A minimum twenty-five (25) foot landscaped parking setback shall be provided along and parallel to the north property line and a minimum twenty (20) 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/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 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) Prior to development, developer shall conduct an access study ("study") of the intersection of Fashion Mall Parkway (extended across I-71) and Orion Place to determine how vehicular access to the property will be provided. 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 south, which will front on extended Fashion Mall Parkway. The study is only for the purpose of determining the location of access point(s) from the Fashion Mall Parkway/Orion Place intersection or adjacent Fashion Mall Parkway west of the intersection and to determine the design of the access point(s). The study may identify improvements needed to the Fashion Mall Parkway/Orion Place intersection. If improvements are needed, funding sources for the improvements will be identified.
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 inche caliper, Ornamental - 1 ½ inchs 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 61 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 and east landscaped parking setbacks 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 high at installation. Both the north and east parking setbacks shall specifically include plant material with a mixture of deciduous and evergreen trees at the minimum rate of six (6) trees per 100 lineal feet. Trees may be planted in a row or clustered.
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, except that parking lot lighting within 100 feet of the north or east property line shall not exceed 18 feet in height as long as property to the north or east, as applicable to each property line, respectively, is residentially zoned.
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.