Explanation
Rezoning Application Z06-004
APPLICANT: NP Limited c/o Dave Perry, Agent; The David Perry Co.; 145 East Rich Street; Columbus, OH 43215 and Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Commercial Development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on April 13, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-C-4, Limited Commercial District is consistent with the zoning and development patterns of the area. The site is located in sub area J-1 of the Far North Plan (1994), which supports commercial land uses. This proposal is consistent with other approved rezoning applications that provided expansion from the original Polaris rezoning. Applicant intends to employ standards comparable to the Polaris Design Review Board standards.
Title
To rezone 1166 GEMINI PLACE (43240), being 7.00± acres located on the north side of Gemini Place, 2482 +/- feet west of Lyra Drive, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z06-004)
Body
WHEREAS, application #Z06-004 is on file with the Building Services Division of the Department of Development requesting rezoning of 7.00± acres from the R, Rural District to the 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Far North Columbus Communities Coalition 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 is consistent with the zoning and development patterns of the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits for the proposed use; and
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:
1166 GEMINI PLACE (43240), being 7.00± acres located on the north side of Gemini Place, 2482+/- feet west of Lyra Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus, Section 4, Township 3, Range 18, United States Military Lands, being part of Farm Lot 14 and being a 7.001 acre tract of land out of an original 120.000 acre tract of land as conveyed to Christ the King Church of record in Official Record Volume 243, Page 0859 (all records being of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows:
Beginning at the centerline intersection of Polaris Parkway as recorded in Plat Book 24, Page 137 with the centerline of Gemini Place (Ordinance Number 1867-2004) formerly known as Fashion Mall Parkway as recorded in Plat Cabinet 2, Slide 670;
Thence North 70°31'37" East crossing said Polaris Parkway and with the centerline of said Gemini Place, a distance of 1533.02 feet to a point;
Thence North 19°28'23" West crossing said Gemini Place, a distance of 55.00 feet to a point on the northerly right of way line of said Gemini Place;
Thence continue North 19°28'23" West through a 9.949 acre tract as conveyed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2261, a distance of 296.37 feet to a point;
Thence North 88°24'54" East crossing said 9.949 acre tract, a distance of 240.37 feet to a 1" iron pipe found with an EDG cap at the southeasterly corner of a 10.783 acre tract as conveyed to N.P. Limited Partnership of record in Official Record Volume 513, Page 2179 and the southwesterly corner of said 120.000 acre tract, and being the true point of beginning;
Thence North 03°15'41" East with a common line with said 10.783 acre tract, a distance of 454.09 feet to a point;
Thence South 85°31'18" East crossing with a new division line, a distance of 647.57 feet to a point;
Thence South 06°36'55" East crossing said 120.00 acre parcel, a distance of 442.89 feet to a point on the southerly line of said 120.00 acre parcel and the northerly line of said 9.949 acre tract;
Thence North 87°03'24" West with said line, a distance of 723.40 feet to the true point of beginning and containing 7.001 acres of land more or less.
This description was prepared by Floyd Browne Group, Delaware, Ohio. The basis of bearing for this description is South 19°28'23" East for the centerline of Polaris Parkway as recorded in Plat Book 24, Page 137.
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 (H-110) 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 among the records of the Building Services Division as required by the Columbus City Codes; said text being titled, "L-C-4, LIMITED COMMERCIAL DISTRICT DEVELOPMENT TEXT (7.001 +/- ACRES)", dated April 14, 2006, and signed by David B. Perry, Agent for Applicant, Donald Plank, Attorney for Applicant, and Bennett Smith, on behalf of the Property Owner, Christ the King Church, with all three (3) signatures dated April 14, 2006, and the text reading as follows:
L-C-4, LIMITED COMMERCIAL DISTRICT DEVELOPMENT TEXT (7.001+/- ACRES)
EXISTING DISTRICT:
R, RURAL DISTRICT
PROPOSED DISTRICT:
L-C-4, LIMITED COMMERCIAL DISTRICT
PROPERTY ADDRESS:
1166 GEMINI PLACE, COLUMBUS, OH 43240
OWNER:
CHRIST THE KING CHURCH C/O BENNETT SMITH, 1250 GEMINI PLACE,
COLUMBUS, OH 43240
APPLICANT:
N P LIMITED C/O DAVE PERRY, AGENT, THE DAVID PERRY CO. 145 EAST RICH
STREET, COLUMBUS, OH 43215 and DONALD PLANK, ESQ., PLANK & BRAHM,
145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: April 14, 2006
APPLICATION NUMBER: Z06-004
INTRODUCTION:
Applicant proposes to rezone 7.001 +/- 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 7.001 +/- acre site to the west 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. 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.
1.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.
2.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 current north line of the property being rezoned shall not exceed 60 feet in height, as long as the adjacent property to the north is zoned and used for single-family dwellings.
2. Building Lines:
(a) The building setback line shall be fifty (50) feet from any public street. There shall be no required building setback from any side or rear property line, except if required by other development standards established in this text.
(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 zoning line established by this rezoning, which line may also be a property line, shall be five (5) feet, as established by the minimum parking setback from the north property line (Section A,3, b), as long as the abutting property to the north is zoned and 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 five (5) foot landscaped parking setback shall be provided along and parallel to the north zoning line established by this ordinance, which line may also be a property line, as long as the 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) This site does not abut a street to which vehicular access can be obtained. Access to this site shall be via other commercially zoning property to the west and south presently owned by applicant and may also include vehicular access to/from Gemini Place on the entrance drive of Christ the King Church. The Christ the King Church entrance drive is included in the 7.001 acres being rezoned to the L-C-4, Limited Commercial District as part of this application.
3) If a traffic signal is warranted in the future at the intersection of Gemini Place and the Christ the King Church ("Church") driveway, the cost of the signal design and construction will be 100% privately paid for by those parties using the private driveway and other property owners and lessees as may be determined at the time. The signal shall also be 100% privately maintained and applicable parties shall enter into a signal agreement contract with the City of Columbus.
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 to screen trash collection areas and waste storage areas from view in accordance with the provisions of Section 3342.09, Dumpster Area. 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 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 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 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.
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 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 five (5) foot landscaped parking setback, if required (See Section A.3.b) shall contain a combination of screening (fence, wall) 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, unless the adjacent property is developed with a parking lot, in which case applicant may elect to waive parking lot screening through the provisions of 3342.17, Parking Lot Screening, Limited Waiver Agreement.
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. Design and/or Interior-Exterior Treatment Commitments.
1) All buildings shall be finished on all four (4) sides to the same quality and level of finish, as determined by the Polaris Design Review Board.
2) There shall be no exposed smooth face block on any north facing wall within 200 feet of the north property line.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1) All parking lot lighting shall use cut-off type fixtures (down-lighting) 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.
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.
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, 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 provided remaining portions of the site are not rendered non-compliant by the proposed rezoning.
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.