Explanation
Rezoning Application # Z09-002
APPLICANT: Gowdy Partners III LLC; c/o John P. Kennedy and Laura MacGregor Comek, Attys.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on April 9, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.13± acre site is developed with the City of Columbus police heliport and is zoned in the R-1, Residential District. The applicant requests the CPD, Commercial Planned Development District for office and limited commercial development. The site is located within the planning boundaries of the Harrison West Plan (2005), which supports continuation of the Gowdy field development northward to West Third Avenue as an employment center. The CPD text includes similar use restrictions and development standards addressing landscaping, screening, building materials, lighting controls and setback and parking variances as the CPD District to the south. The proposed CPD plan and text are consistent with the zoning and development patterns of the area, and with the land use recommendations of the Harrison West Plan (2005).
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To rezone 739 WEST THIRD AVENUE (43212), being 5.13± acres located at the southwest corner West Third Avenue and Olentangy River Road, From: R-1, Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z09-002).
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WHEREAS, application #Z09-002 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.13± acres from R-1, Residential District to CPD, Commercial Planned Development District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has a pedestrian connection from the building to the public sidewalk system for walkers and bus riders; centrally located bike racks for employees or visitors; and an eight foot bike path on Olentangy River Road; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development will allow office and limited commercial development on a site recognized by the Harrison West Plan (2005) as an employment center. The requested CPD, Commercial Planned Development District 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:
739 WEST THIRD AVENUE (43212), being 5.13± acres located at the southwest corner West Third Avenue and Olentangy River Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 6, Township 5, Range 22, Refugee Lands, being part of the original 30.92 acre First Tract conveyed to The City of Columbus by deed of record in Deed Book 700, Page 243, also being part of Lot 7 of William Neils Heirs Land, a plat of record in Plat Book 3, Pages 168 & 169, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
Beginning for Reference, at a monument box in the centerline of Third Avenue, as dedicated in "Dedication of 3rd Ave and Perry St", of record in Plat Book 4, Page 164, being South 86° 24' 25" East, a distance of 3.43 feet, from the centerline intersection of said Third Avenue and Olentangy River Road;
Thence North 86° 24' 25" West, a distance of 129.65 feet, with the centerline of said Third Avenue, to a point;
Thence South 03° 35' 35" West, a distance of 50.00 feet, across the right-of-way of said Third Avenue, to a point at the intersection of the southerly right-of-way of said Third Avenue, the westerly limited access right-of-way of State Route 315 and the westerly right-of-way line of Olentangy River Road, being a common corner of the 0.248 acre tract conveyed as Parcel No. 1-WD to State of Ohio by deed of record in Deed Book 2801, Page 545 and the 9.213 acre tract conveyed as Parcel No. 1-WL to State of Ohio by deed of record in Deed Book 2801, Page 551, the TRUE POINT OF BEGINNING;
Thence South 28° 23' 14" East, a distance of 97.06 feet, with said westerly limited access right-of-way line, the westerly right-of-way line of said Olentangy River Road and the line common to the remainder of said original 30.92 acre tract and said 9.213 acre tract, to a point;
Thence South 02° 42' 31" West, a distance of 346.89 feet, continuing with said westerly limited access right-of-way line, the westerly right-of-way line of said Olentangy River Road and said common line, to a point;
Thence South 19° 34' 23" West, a distance of 79.66 feet, with the westerly right-of-way line of said Olentangy River Road as accepted by City of Columbus Ordinance No. 0520-01 and across said original 30.92 acre tract, to a point;
Thence South 06° 02' 06" West, a distance of 57.87 feet, continuing with said westerly right-of-way line and across said original 30.92 acre tract, to a point;
Thence North 86° 52' 56" West, a distance of 385.17 feet, continuing across said original 30.92 acre tract, to a point in an easterly line of the 10.763 acre tract conveyed to Time Warner Entertainment Company, L.P. by deed of record in Instrument Number 200707180125682;
Thence North 04° 46' 15" East, a distance of 226.14 feet, with the line common to the remainder of said original 30.92 acre tract and said 10.763 acre tract, to a point;
Thence across said original 30.92 acre tract, the following courses and distances:
South 86° 52' 56" East, a distance of 1.69 feet, to a point;
North 04° 36' 30" East, a distance of 90.06 feet, to a point;
North 07° 32' 38" East, a distance of 47.04 feet, to a point;
North 00° 21' 14" West, a distance of 204.18 feet to a point in the southerly right-of-way line of said Third Avenue, the southerly line of said 0.248 acre tract;
Thence South 86° 24' 25" East, a distance of 355.66 feet, with said southerly right-of-way line and the line common to the remainder of said original 30.92 acre tract and said 0.248 acre tract, to the TRUE POINT OF BEGINNING, containing 5.13 acres, more or less.
The above description was prepared using documents of record for zoning purposes only and is NOT to be used for purposes of transfer.
To Rezone From: R-1, Residential District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of one hundred-ten (110) feet is hereby established on the CPD, Commercial Planned Development 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 CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "ZONING SITE PLAN," and said text being titled, "COMMERCIAL DEVELOPMENT PLAN TEXT," signed by Laura MacGregor Comek, Attorney for the Applicant, both dated April 23, 2009, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
739 West Third Avenue, Columbus, Ohio 43212
5.13+ Acres
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 739 West Third Avenue
OWNER: City of Columbus, Attn: Real Estate Management, 90 W. Broad Street, Room 425, Columbus, Ohio, 43215.
APPLICANT: Gowdy Partners III, LLC c/o CRABBE, BROWN & JAMES, LLP, John P Kennedy, Esq. and Laura MacGregor Comek Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, jkennedy@cbjlawyers.com; lcomek@cbjlawyers.com
DATE OF TEXT: April 23, 2009
APPLICATION NUMBER: Z09-002
1. INTRODUCTION:
The subject property ("Site") is located at the Southwest corner of W. Third Avenue and Olentangy River Road. The Site is currently occupied by the City of Columbus, Department of Public Safety, and is used as a police heliport. The Site is immediately north of Gowdy Field, which was zoned to CPD in 2005 (Z05-046, Ord. No.: 1782-2005), and developed as an office park which includes the Regional Headquarters for Time Warner.
The Applicant is proposing a medical office development with the possibility of complimentary neighborhood-scale commercial uses. This text and the related site plan are being submitted to address the contemplated uses and to identify various commitments to development standards such as lighting and parking.
2. PERMITTED USES:
The Applicant has identified the following permitted accessory and complimentary uses to the contemplated office development:
a). The following uses from Chapter 3356 (C-4, Commercial District) shall be permitted: electronics stores, general merchandise stores, and heliport.
b). All uses of Chapter 3355 (C-3, Commercial District).
c). All uses from Chapter 3353 (C-2, Commercial District).
d). All uses from Chapter 3351 (C-1, Commercial District), except the following prohibited uses:
coin-operated laundries.
e) Electronic transformers and emergency generators are expressly permitted.
3. DEVELOPMENT STANDARDS:
Except as specified herein and on the submitted CPD Site Plan, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building and Parking/Paving Setbacks: The Building and Parking/Paving setbacks shall be as depicted on the submitted Site Plan.
2. The 110-foot Height District shall be applicable.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Transportation Division.
a. One full access point shall be permitted on Olentangy River Road, subject to the resolution of the limited access right-of-way issue with the Ohio Department of Transportation. The developer shall provide pavement marking modifications to allow a northbound left turn lane with a length of approximately 215 feet, which includes a 60 foot taper.
b. One full access point shall be permitted on West Third Avenue. This access point shall be aligned with the driveway on the north side of West Third Avenue. The developer shall provide pavement marking modifications to allow a westbound left turn lane with a length of approximately 135 feet, which includes a 60 foot taper
c. At the intersection of West Third Avenue and Olentangy River Road, the developer shall maintain a northbound left turn lane length of approximately 440 feet, which includes a 60 foot taper and the developer shall maintain approximately 245 feet of storage in the eastbound left turn lane. The taper for the eastbound left turn lane shall be shared with the taper for the westbound left turn lane at the site drive. The improvements above shall require only pavement marking modifications.
d. The developer shall remove the trees to the west of the proposed access point on West Third Avenue to maintain adequate sight distance.
2. If the final use submitted by the Developer is different than the medical office use contemplated in the traffic impact study submitted at the time of zoning, the Developer will submit a revised traffic impact study if the new use, when compared to the medical office use, materially increases peak period trip generation, materially alters the split between the entering and exiting traffic or materially alters the distribution of traffic.
3. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be as depicted on the submitted site plan.
4. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements, as applicable, are provided to insure the function of shared driveways and aisles.
5. The minimum parking requirement for the development shall be calculated using a ratio of one parking space per 300 building square feet.
6. A pedestrian connection from the building(s) to the greenways multi use path shall be provided at the time of zoning clearance.
7. The Applicant shall use best management practices so as to protect and maintain the existing 8' wide greenways Multi Use Path.
8. The Applicant shall provide centrally located bike racks for employees or site visitors.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All parking areas adjacent to Olentangy River Road and West Third Avenue shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening may be in the form of an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
2. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5-6 feet. The minimum size of shrubs shall be two (2) gallons. Caliper shall be measured 6 inches above grade.
4. Loading/service areas shall be screened from off-site view to a minimum height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level.
2. Building materials shall be brick, concrete, stone, EIFS, metal, glass, synthetic stone, or a combination thereof.
3. Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility. All lighting shall be positioned so as to minimize off-site light spillage.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of thirty five (35) feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
5. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
6. Dumpsters shall be screened from view on all four (4) sides to a minimum height of six (6) feet.
F. Miscellaneous Commitments.
1. The subject Site shall be developed in accordance with the submitted Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustments are subject to review and approval by the director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. The 8' wide greenways multi use path which exists along Olentangy Road (South) had been constructed along the site frontage and shall be continued along the Third Avenue frontage.
3. The Applicant shall comply with the City's Parkland Dedication Ordinance.
G. CPD Requirements.
1. Natural Environment. The Site has served as a City heliport for quite some time. There are structures and paved surfaces at the corner of West Third and Olentangy.
2. Existing Land Use.
The site is currently used as a City-owned and operated heliport and Fire Dept.
3. Transportation and Circulation.
The Site will be accessed from Olentangy River Road and West Third Avenue, and will be developed to provide good internal traffic circulation.
4. Visual Form of the Environment.
The existing uses/zoning of the surrounding properties are as follows:
West: Railroad tracks, with warehouse development west of the tracks
North: Various commercial development north of Third (retail, restaurants and offices)
East: Olentangy River Road and State Route 315
South: Gowdy Field / Time Warner Headquarters, future OSU medical building, zoned CPD
5. View and Visibility.
Significant consideration has been given to visibility and safety issues.
6. Proposed Development.
Offices with possible complementary neighborhood-scale commercial uses.
7. Behavior Patterns.
This area has existing traffic flows, which use nearby State Route 315, and the major roadways in and around the area.
8. Emissions.
Due to the intensity of the land use surrounding the subject Site, there will be no relevant increase of or addition to emissions.
I. Variances Requested.
1. The Applicant requests a variance from C.C.C. §3342.28 regarding the total number of required parking spaces. Parking shall be calculated as a minimum one space per 300 building square feet.
2. The building and parking setbacks along the Site's frontages shall be as shown on the submitted Site Plan. The setbacks shall be zero (0) feet along the Site's Olentangy River Road frontage and ten (10) feet along its West Third Avenue frontage. To the extent the Columbus Thoroughfare Plan calls for setbacks of sixty (60) feet and thirty (30) feet respectively for those two streets, this request constitutes a variance from the minimum setbacks, as is permitted in a commercial planned district via C.C.C. §3361.04 (CPD Performance Criteria).
3. The Applicant is requesting variances to C.C.C. § 3342.06; 3342.08; and 3342.15; to permit driveway access points and aisles that may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements, as applicable, are provided to insure the function of shared driveways and aisles.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.