Explanation
Rezoning Application Z03-087
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 site is located within Subarea J-1 of the Far North Plan (1994), which supports regional commercial development as the most appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous commercial rezoning applications have been approved as additional property became available for commercial expansion. The applicant's request for the L-C-4, Limited Commercial District for this site is consistent with the established development standards of adjacent zoning districts.
Title
To rezone 1402 FASHION MALL PARKWAY (43240), being 10.0± acres located on the north side of Fashion Mall Parkway, 832± feet west of Lyra Drive, From: R, Rural District, To: L-C-4, Limited Commercial District. (Rezoning # Z03-087)
Body
WHEREAS, application #Z03-087 is on file with the Building Services Division of the Department of Development requesting rezoning of 10.0± 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 site is located within Subarea J-1 of the Far North Plan (1994), which supports regional commercial development as the most appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous commercial rezoning applications have been approved as additional property became available for commercial expansion. The applicant's request for the L-C-4, Limited Commercial District for this site is consistent with the the established development standards of adjacent zoning districts, 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:
1402 FASHION MALL PARKWAY (43240), being 10.0± acres located on the north side of Fashion Mall Parkway, 832± feet west of Lyra Drive and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 14, Section 4, Township 3, Range 18, United States Military Lands and being 10.000 acres of land out of said Farm Lot 14 and being 10.000 acres of land out of an original 120.000 acre tract of land as conveyed to Christ the King Lutheran Church of record in Deed Book 521, Page 348 (all records being of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows;
Beginning for reference at the centerline intersection of Fashion Mall Parkway as recorded in Plat Cabinet 2, Slide 670 with the centerline intersection of Lyra Drive, Part 3 as recorded in Plat Cabinet 2, Slide 669;
Thence North 87°04'09" West with the centerline of said Fashion Mall Parkway, a distance of 90.43 feet to a point;
Thence North 02°55'51" East crossing said Fashion Mall Parkway, a distance of 55.00 feet and being the southwesterly corner of Lyra Drive, Part 3 of record in Plat Cabinet 2, Slide 669 and also being a point on the northerly right-of-way line of said Fashion Mall Parkway;
Thence North 87°04'09" West with the northerly right-of-way line of said Fashion Mall Parkway, a distance of 832.70 feet to a set 1" iron pipe with an EDG cap and being the southeasterly corner of said 120.000 acre tract of land and the southwesterly corner of a 11.643 acre tract as conveyed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2318 and being the true point of beginning;
Thence North 87°04'09" West continuing with the said right of way line, a distance of 888.70 feet to a set 1" iron pipe with an EDG cap and being the southeasterly corner of a 75.00 feet Conservation Easement, of record in Official Record Volume 0087, Page 789;
Thence North 02°45'05" East with the easterly line of said Conservation Easement, a distance of 489.77 feet to a set 1" iron pipe with an EDG cap;
Thence South 87°04'09" East crossing said 120.000 acre tract, a distance of 890.20 feet to a set 1" iron pipe with EDG cap and being a point on the westerly line of said 11.643 acre tract;
Thence South 02°55'35" West with said tract line, a distance of 489.77 feet to the true point of beginning and containing 10.000 acres of land more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio from an actual field survey. The basis of bearing is South 03°19'09" West for the centerline of Lyra Drive, Part 3 as recorded in Plat Cabinet 2, Slide 669.
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 David B. Perry, Agent, dated March 23, 2004, and reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
10.0± Acres
EXISTING DISTRICT: R, RURAL DISTRICT
PROPOSED DISTRICT: L-C-4, LIMITED COMMERCIAL
PROPERTY ADDRESS: 1402 FASHION MALL PARKWAY,
COLUMBUS, OH 43240
OWNER: N P LIMITED C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
APPLICANT: N P LIMITED C/O DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: MARCH 23, 2004
APPLICATION NUMBER: Z03-087
1. INTRODUCTION:
Applicant proposes to rezone 10 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 10 acre site to the east and south, 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 10 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.
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 one hundred (100) feet of the north property line of the current 10 acres 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 fifteen (15) foot landscaped parking setback shall be provided along and parallel to the north property line, as long as abutting property to the north 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 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.
2) Prior to development, developer shall provide a site development plan to the Division of Transportation for review. The purpose of the review shall be limited to an evaluation of on-site entrance and exit lane design and to determine if off-site striping of existing pavement is needed, as applicable to the proposed development of this site. There shall be at least one (1) internal
vehicular connection point between this site where abutting adjacent
property to the east to provide internal vehicular circulation unless the land
use(s) on this site and the adjacent property to the east are incompatible and
unless approved by the Division of Transportation without vehicular
connection.
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 inch caliper, Ornamental - 1 ½ inch 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 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' 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 fifteen (15) foot landscaped parking setback shall contain of 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. The landscaping and screening shall not be required in the fifteen (15) foot setback until the first building and/or parking 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.
Not Applicable
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 property line shall not exceed 18 feet in height, as long as adjacent property to the north is zoned in a residential district.
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.