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File #: 0713-2013    Version:
Type: Ordinance Status: Passed
File created: 3/12/2013 In control: Zoning Committee
On agenda: 4/22/2013 Final action: 4/24/2013
Title: To rezone 251 NORTH HARTFORD AVENUE (43213), being 1.03± acres located 117± feet north of the northeast corner of John Street and North Hartford Avenue. From: M, Manufacturing District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z12-045).
Attachments: 1. ORD 0713-2013 Attachment- AMENDMENT, 2. ORD0713-2013attachments, 3. Notice Of Public Hearing - Council Mtg20130422
Explanation
 
Rezoning Application Z12-045
 
APPLICANT:  Orange Barrel Media; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
      
PROPOSED USE:  Corporate Offices.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (7-0) on October 11, 2012.
 
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant proposed to construct its corporate offices on the site of a former concrete plant.  The building will feature a 150 foot tall strcture with two 120 foot by 75 foot advertising banners and solar panel on the third side.  The proposed office use would be allowed without a rezoning.  Staff has no objection to the proposed land use, development standards or the proposed graphic plan and standards and therefore recommends approval of the requested CPD, Commercial Planned Development District.  Staff is concerned about the precedent of handling graphics issues within a rezoning and thus circumventing the power assigned to the Graphics Commission, however, there is a provision in the CPD, Commercial Planned Development Chapter that allows the applicant to utilize CPD zoning to address graphics issues.  
 
 
 
 
Title
To rezone 251 NORTH HARTFORD AVENUE (43213), being 1.03± acres located 117± feet north of the northeast corner of John Street and North Hartford Avenue. From:  M, Manufacturing District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z12-045).
 
Body
 
WHEREAS, application #Z12-045 is on file with the Building and Zoning Services Department requesting rezoning of 1.03± acres from M, Manufacturing District, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Franklinton Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because although Staff is concerned about the precedent of handling graphics issues in this way, Staff has no objection to the proposed land use, development standards or the proposed graphic plan and standards; 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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:
 
251 NORTH HARTFORD AVENUE (43213), being 1.03± acres located 117± feet north of the northeast corner of John Street and North Hartford Avenue, and being more particularly described as follows:
 
1.026 ACRE TRACT FOR ZONING PURPOSES
          Situated in the State of Ohio, County of Franklin, City of Columbus, in Virginia Military Survey 1393, being part of a 5.020 acre tract, (Tract 1) conveyed to Essroc Ready Mix Corp. as shown of record in Instrument 200704050058995, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
     Commencing at a southwest corner of said 5.020 acre tract, at the intersection of the north right-of-way line of John Street with the east right-of-way line of Hartford Avenue, as shown on the plat of Caputo's Addition No. 2, of record in Plat Book 10, Page 320, Recorder's Office, Franklin County, Ohio;
     Thence, along a west line of said 5.020 acre tract, along said east line of Hartford Street, now vacated by City of Columbus Ordinance No. 2164-91, North 04° 04' 11" East, 114.68 feet to the TRUE POINT OF BEGINNING of the herein described tract;
     Thence, across said 5.020 acre tract, along said east line of Hartford Street produced northerly, North 04° 04' 11" East, 200.00 feet to a point;
     Thence, continuing across said 5.020 acre tract, South 82° 29' 49" East, 170.91 feet to the intersection of said line with an east line of said 5.020 acre tract;
     Thence, along the east line of said 5.020 acre tract the following four (4) courses:
1.      South 38° 40'51" East, 27.54 to an angle point in said line;
2.      South 20° 50'27" East, 108.70 to an angle point in said line;
3.      South 10° 14'56" East, 68.36 to an angle point in said line;
4.      South 10° 11'27" East, 20.78 to a point;
Thence, across said 5.020 acre tract, North 82° 29' 49" West, 257.57 feet to the place of beginning CONTAINING 1.026 ACRES.
Bearings are based on the east right-of-way line of Hartford Avenue held as North 04° 04' 11 East.
To Rezone From: M, Manufacturing District
 
To: CPD, Commercial Planned Development District
 
SECTION 2.  That a Height District of two hundred (200) feet is hereby established on the CPD, Commercial Planned Development District on this property.
 
SECTION 3.  That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "CPD SITE PLAN," "EXHIBIT A," and text titled, " TEXT," all signed by Jeffrey L. Brown, Attorney for the Applicant, dated March 19, 2013, and reading as follows:
 
TEXT
 
PROPOSED DISTRICTS:  CPD, Commercial Planned Development
PROPERTY ADDRESS: 251 North Hartford Avenue
OWNER:  Columbus Bituminous Concrete Corp.
APPLICANT: Orange Barrel Media
DATE OF TEXT: 3/19/13
APPLICATION:  Z12-045
 
1.  INTRODUCTION:  The site is a former concrete plant.  The applicant wants to construct its corporate headquarters on the site.
 
2.  PERMITTED USES:  Those uses permitted in Chapter 3356 (C,4 Commercial) of the Columbus City Code.
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback Requirements
 
1.  Height District 200 feet.
 
2.  Building and parking setbacks shall be zero on all four sides.
 
B.  Access, Loading, Parking and/or Traffic Related Commitments
 
N/A
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
 
N/A
 
D.  Building Design and/or Interior-Exterior Treatment Commitments
 
1.  One side of the 3 sided structure (that contains the banners) on top of the building shall be finished with solar panels.
 
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
 
N/A
 
F.  Graphics and Signage Commitments
 
1.  Structure on building (each permitting off premise content):  see exhibit A as a rendering of the banner areas
 
a.  Two banner locations - maximum size of each banner 120 ft. x 75 ft.; third side of structure shall be solar panels.
 
b.  Text and/or logo shall not exceed 35% of the square footage of each banner.
 
c.  Overall height from building grade to top of structure 150 feet.
 
d.  The copy of the banners may change so long as the size and the text/logo restriction listed above are not exceeded.
 
e.  The banner locations shall not become LED signs.
 
2.  All the other graphics shall conform to Title 33 Article 15 of the Columbus City Code as it applies to the C-4, Commercial District.  Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.  
 
G.  Miscellaneous
 
1.  Site Plan.
 
The subject site shall be developed in accordance with the site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed.  Any slight adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
2.  CPD Criteria
 
a.  Natural Environment
 
The site is a former concrete plant.  The applicant plans on incorporating elements from the former use into its proposed corporate headquarters.
 
b.  Existing Land Use
 
The site is currently zoned M-Manufacturing; a portion of the property will remain as M to allow the productions elements of the applicant's work to be located next to the corporate headquarters.
 
c.  Visual Form
 
The architect will consider the location and visibility of this site in the design of the proposed development.
 
d.  Visibility
 
The site is adjacent to the Scioto River and has great visibility from Dublin Road and SR 315.
 
e.  Proposed Development
 
Office
 
f.  Behavior Patterns
 
The site will be accessed from existing streets but the new use will attract people to this location which would not have visited the former use.
 
g.  Emissions
 
This development would conform to the City's requirements for light levels, sound, smells and dust. It is anticipated that this development would not adversely affect adjacent uses in this regard.
 
2.  Variances
 
a.  CC3379.01 signs along the Interstate System to allow 2 off premise signs (banners) to be located within 660 feet of an Interstate System right of way line.
 
b.  CC3375.12 Graphics requiring Graphics Commission approval.
 
c.  CC3378.01 General Provisions - To allow 2 off premise signs (banners) in the C-4 Commercial District without a special permit granted by the Graphics Commission.  
 
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.