Explanation
Rezoning Application Z08-069
APPLICANT: Oakstone Academy; c/o David L. Hodge, Attorney; 37 West Broad Street; Columbus, OH 43215.
PROPOSED USE: To allow child daycare as an additional permitted use.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 12, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant's request for the L-C-2, Limited Commercial District to add child daycare as a permitted use is consistent with the zoning and development patterns of the area.
Title
To rezone 2655 OAKSTONE DRIVE (43231), being 6.29± acres located at the southwest corner of Oakstone Drive and Newtown Drive, From: L-C-2, Limited Commercial District, To: L-C-2, Limited Commercial District and to declare an emergency. (Rezoning # Z08-069)
Body
WHEREAS, application #Z08-069 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.29± acres From: L-C-2, Limited Commercial District, To: L-C-2, 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 due to the need to move forward with the zoning clearance plan so that the client will be ready for fall enrollment for the day care program 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 Applicant's request for the L-C-2, Limited Commercial District to add child daycare as a permitted use is consistent with 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:
2655 OAKSTONE DRIVE (43231), being 6.29± acres located at the southwest corner of Oakstone Drive and Newtown Drive, and being more particularly described as follows:
LOCATED EAST OF CLEVELAND AVENUE AND SOUTH
OF HOME ACRE DRIVE, IN THE CITY OF
COLUMBUS, COUNTY OF FRANKLIN,
STATE OF OHIO
(L-C2 AREA)
Situated in the State of Ohio, county of Franklin, City of Columbus, being in lot No.1, Section No. 2, Township No. 2, Range No. 17, United States Military Lands, containing 6.293 acres of land, more or less, 2.60 acres of said 6.293 acres being all of that tract of land described as PARCEL 2 in EXHIBIT B in the deed to Ramsey Taylor Corporation of record in Official Record 07525D10 and 3.693 acres of said 6.293 acres being out of that 8.109 acres tract of land described as PARCEL 1 in EXHIBIT A in said deed to Ramsey Taylor Corporation of record in the Recorder's Office, Franklin County, Ohio, said 6.293 acres of land being more particularly described as follows:
Beginning at the southwesterly corner of said PARCEL 2 in the centerline of Cleveland Avenue, said point also being the northwesterly corner of a 2.092 acre tract of land described in a deed to John D. Wright, of record in Deed Book 3719, Page 298, Recorder's Office, Franklin County, Ohio;
Thence N-2 degrees 16' 27" E, with the westerly line of said PARCEL 2 and the centerline of said Cleveland Avenue, a distance of 130.00 feet to the northwesterly corner of said 2.60 acre tract;
Thence S-87 degrees 33' 25" East, with the northerly line of said PARCEL 2, the same being the southerly line of Peppertree Condominium Section 1, the condominium plat of same being of record in Condominium Plat Book 2, Pages 639 through 642, Recorder's Office, Franklin County, Ohio, a distance of 870.68 feet to the northeasterly corner of said PARCEL 2, said corner being an angle point in the boundary of said Peppertree Condominium Section 1, said point also being in the westerly line of said PARCEL 1;
Thence N-1 degree 50' 02" E, with the westerly line of said Parcel 1 and with an easterly line of said Peppertree Condominium Section 1, a distance of 199.85 feet to the northwesterly corner of said PARCEL 1, said point also being an angle point in the boundary of said Peppertree Condominium Section 1;
Thence S-87 degrees 33' 18" E, with the northerly line of said PARCEL 1 and with a southerly line of said Peppertree Condominium Section 1, a distance of 526.99 feet to a point in an existing westerly right-of-way line for Newtown Drive;
Thence S-2 degrees 19' 17" W, a distance of 81.64 feet to a point of curvature;
Thence southwestwardly, with the arc of a curve to the right having a radius of 145.00 feet, a central angle of 29 degrees 29' 31" and a chord that bears S-17 degrees 04' 02" W, a chord distance of 73.81 feet to a point of tangency;
Thence S-31 degrees 48' 48" W, a distance of 202.99 feet to point in the southerly line of said PARCEL 1, said point also being in a northerly line of Blendon Park Section 3, the subdivision plat of same being of record in Plat Book 51, Pages 6 and 7, Recorder's Office, Franklin County, Ohio;
Thence N-87 degrees 33' 03" W, with, in part, the southerly line of said PARCEL 1, the southerly line of said PARCEL 2 and with, in part, a northerly line of said Blendon Park Section 3 and the northerly line of said 2.092 acre tract, a distance of 1277.15 feet to the point of beginning and containing 6.293 acres of land, more or less.
To Rezone From: L-C-2, Limited Commercial District,
To: L-C-2, Limited Commercial District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-C-2, 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-2, 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 plans being titled, "PROPOSED OFFICE PARK," and "AREA A SITE PLAN," and text being titled, "LIMITATION TEXT," all signed by Jeffrey Brown, Attorney for the Applicant, all dated March 5, 2009, and reading as follows:
Limitation Text
EXISTING DISTRICT: L-C-2
PROPOSED DISTRICT: L-C-2
PROPERTY ADDRESS: 2655 Oakstone Drive
OWNER: Oakstone Academy
APPLICANT: Oakstone Academy
DATE OF TEXT: March 5, 2009
APPLICATION NUMBER: Z08 -069
1. INTRODUCTION: This property was rezoned in 1986 to provide for an office park. In 2002 this property was again rezoned to permit a school with a small addition and an outdoor play area. The applicant now wishes to add "daycare" to the list of permitted uses for only the 2655 Oakstone Drive building. The 2655 Oakstone Drive Building is identified as "Area A" and the balance of the site is identified as "Area B" in this text and submitted site plan.
2. PERMITTED USES: Office, private school (including preschool), and daycare and uses permitted under 3353.03 of the Columbus City Code. Private school, preschool and daycare uses shall be permitted in only the 2655 Oakstone Drive building. (Area A)
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3353 of the Columbus City Code.
A. Density, Lot, and / or Setback Commitments.
1. Total office and school space shall not exceed 45,000 square feet except the addition shown on the specific site plan for "Area A" shall not count against the permitted 45,000 square foot restriction.
2. Total structures not to exceed eight (8) buildings total from Areas A and B in total.
a. Seven (7) one story buildings.
b. One (1) two story building (not to exceed 30 feet in height).
B. Access, Loading, Parking, and / or Other Traffic Related Commitments.
Not applicable.
C. Buffering, Landscaping, Open Space, and / or Screening Commitments.
1. All trees must meet the following minimum size at the time of planting: Shade trees 2 ½ inch caliper; Ornamental trees 1 ½ inch caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
2. Where practicable, maintain any existing trees or plants of substantial size that are adjacent to adjoining properties as well as interior lot areas. This section applies to Areas A and B.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
4. Traffic areas not buffered by existing trees or plants from adjacent properties to be improved with additional trees, plants, or wooden screening. This section applies to Areas A and B.
5. All streets are to be private and maintained by the condominium association. This section applies to Areas A and B.
6. The Home Acre Drive entrance must be landscaped with at least one evergreen and three shrubs on each side of the driveway as shown on the Proposed Office Park site plan.
7. Existing landscaping consisting of three evergreens and four shrubs must be maintained along the Cleveland Avenue frontage of parking area. This applies to Area B.
8. A gazebo and garden area to be designed and built where indicated on "Area B" site plan
9. Install guardrail on south property line and to rear of lots 186 and 187 Blendon Park Section 3. Exact design to be approved within reason, by those two adjacent property owners prior to installation.
D. Building Design and / or Interior - Exterior Treatment Commitments.
Not applicable.
E. Lighting, Outdoor Display Areas, and / or Other Environmental Commitments.
1. Utility meters and structures to be screened from view where possible with plants or wooden screening. This section applies to Areas A and B.
2. Lighting:
a. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
b. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
c. Light poles shall not exceed 14 feet within 100 feet of residentially zoned property, otherwise the maximum height is 18 feet.
d. All these items in lighting section shall apply to Areas A and B.
F. Graphics and / or Signage Commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
Areas A and B shall be developed in accordance with their respective site plans. The site plans may be slightly adjusted to reflect engineering, topographical or other site date developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
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.