Explanation
Rezoning Application Z07-032
APPLICANT: N.P. Limited Partnership; c/o David Perry, Agent; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 13, 2007.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 6.13± 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 commercial development. The requested L-C-4, Limited Commercial District would permit commercial development with appropriate development standards, consistent with the adjacent L-C-4 districts to the south and east. The request is compatible with development in the area.
Title
To rezone 1412 GEMINI PARKWAY (43240), being 6.13± acres located 500± feet north of Gemini Place and 875± feet west of Lyra Drive, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z07-032)
Body
WHEREAS, application #Z07-032 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.13± 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 to allow for permit submittal in order to begin construction as soon as possible 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 requested L-C-4, Limited Commercial District would permit commercial development with appropriate development standards, consistent with the adjacent L-C-4 districts to the south and east. 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:
1412 GEMINI PARKWAY (43240), being 6.13± acres located 500± feet north of Gemini Place and 875± feet west of Lyra Drive, and being more particularly described as follows:
Legal Description of 6.134 Acres
1412 Gemini Parkway, Columbus, Ohio 43240
Situated in the State of Ohio, County of Delaware, City of Columbus, being part of Farm Lots 14 and 15, Section 4, Township 3, Range 18, United States Military Lands, being 2.040 acres out of Farm Lot 14, being 4.094 acres out of Farm Lot 15, being a 6.134 acre tract of land that lies over and across a 120.00 acre tract of land described in 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 923.13 feet to a point;
Thence North 02°55'43" East crossing said Gemini Place, a distance of 55.00 feet to a 1" iron pipe found with an EDG cap on the northerly right of way line of said Gemini Place, being the southeasterly corner of a 10.000 acre tract of land described in deed to N.P. Limited Partnership of record in Official Record Volume 377, Page 39, and being the southwesterly corner of an 11.643 acre tract of land described in deed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2318;
Thence North 02°55'27" East with the easterly line of said 10.000 acre tract and the westerly line of said 11.643 acre tract, a distance of 489.76 feet to a 1" iron pipe found with an EDG cap at the northeasterly corner of said 10.000 acre tract, being at the southwesterly corner of a 15.306 acre tract of land described in deed to Polaris CW, LLC of record in Official Record Volume 686, Page 2084, and being the TRUE POINT OF BEGINNING of the tract to be described;
Thence North 87°04'17" West with the northerly line of said 10.000 acre tract, a distance of 890.20 feet to a 1" iron pipe found with an EDG cap at the northwesterly corner of said 10.000 acre tract;
Thence crossing said 120.00 acre tract with the following two (2) courses and distances:
1.) North 02°44'57" East, a distance of 300.00 feet to an iron pin set;
2.) South 87°04'17" East, a distance of 891.17 feet to an iron pin set on the easterly line of said 120.00 acre tract and being on the westerly line of said 15.306 acre tract;
Thence South 02°56'23" West with the easterly line of said 120.00 acre tract and the westerly line of said 15.306 acre tract, a distance of 202.65 feet to an iron pin set on the southerly line of said Farm Lot 15 and the northerly line of said Farm Lot 14;
Thence South 02°55'27" West continuing with the easterly line of said 120.00 acre tract and the westerly line of said 15.306 acre tract, a distance of 97.35 feet to the true point beginning containing 6.134 acres of land, more or less.
Basis of Bearing: Bearings are based on bearings acquired by GPS observations using NAD 83 (1995)-Ohio State Plane Coordinate System-North Zone from the Delaware County Geodetic Control Monumentation.
All iron pins set are 5/8" solid iron pins 30" in length with an orange plastic cap stamped "Floyd Browne Group".
The above description is based on and referenced to an exhibit prepared by Floyd Browne Group dated June 13, 2007, 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 November 1, 2007, and the text reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
6.134 +/- Acres
EXISTING DISTRICT:
R, RURAL DISTRICT
PROPOSED DISTRICT:
L-C-4, LIMITED COMMERCIAL
PROPERTY ADDRESS:
1412 Gemini Parkway, Columbus, OH 43240
APPLICANT:
NP Limited c/o Dave Perry, The David Perry Co.; 145 East Rich Street, 3rd
Floor, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
OWNER:
NSHE Solano, LLC c/o Dave Perry, The David Perry Co.; 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:
November 1, 2007
APPLICATION NUMBER:
Z07-032
1. INTRODUCTION:
Applicant proposes to rezone 6.134 +/- 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 site to the south and west, 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, as this 6+/- acre parcel also does. 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.
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. A Special Permit from the Columbus Graphics Commission may be required.
3. Used car lots, except used car lots used in conjunction with the sale of new cars.
4. Outside display 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.
7. Beer and/or Wine Drive-thru.
8. Nightclub, as defined in Columbus City Code Section 3303.14 Letter N (Nightclub). This restriction is not intended to limit or otherwise apply to a restaurant and/or bar in any way and shall specifically also not apply to a restaurant and/or bar that may feature dancing, entertainment, singing, or live music on a periodic basis as an accessory activity to a primary use of a tenant space as a restaurant and/or bar.
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 one hundred (100) feet of the north property line of the current area being rezoned by this application shall not exceed 60 feet in height, as long as the adjacent property to the north 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, 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 property line shall be twenty (20) feet, as long as the abutting property to the north is zoned and/or used for single-family dwellings.
3) Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) A minimum ten (10) foot landscaped parking setback shall be provided along and parallel to the north property line and shall be provided as long as abutting property to the north is zoned in a residential district and developed/used for residential purposes.
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) 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.
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 one hundred percent (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. As an exception to the foregoing, equipment requiring ventilation may be located within architectural elements having 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(s) 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 ten (10) 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' 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 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.
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, 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 ten (10) foot landscaped parking setback shall contain a six (6) foot tall, opaque wood fence located along the north property line and a single row of evergreen trees planted not more than 15 feet on center. The landscaping and screening shall not be required in the ten (10) foot setback until the first building and/or parking/service area is located within 80 feet of the north property line.
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). No outside patio, such as a patio for any restaurant or bar use, shall be located on the north side of the shopping center building.
2) No outside patio, such as a patio for any restaurant or bar use, shall be located on the west side of the shopping center building, as long as adjacent property to the west is zoned in a residential district, including the R, Rural District, and developed with residential uses.
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 up-lighted 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 property line shall not exceed 18 feet in height, as long as adjacent property to the north is zoned in a residential district and developed with residential uses, other than accessory uses such as a church parking lot.
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) The 6.134 +/- acres being rezoned is Delaware County Auditors Parcel 46-31843201001005. This parcel will be combined with the abutting 10 acre parcel to the south (Parcel 46-31843101021000) prior to the issuance of a Certificate of Zoning Clearance for any portion of the 6.134 +/- acres.
3) 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.
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.