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File #: 0710-2011    Version:
Type: Ordinance Status: Passed
File created: 4/28/2011 In control: Zoning Committee
On agenda: 6/27/2011 Final action: 6/28/2011
Title: To rezone 1215 WEST MOUND STREET (43223), being 47.16± acres generally located on the south side of West Mound Street at the terminus of Glenwood Avenue, From: R, Rural District, To: CPD, Commercial Planned Development District (Rezoning # Z10-021).
Attachments: 1. 0710-2011Attachments.pdf, 2. ORD0710-2011Labels.pdf, 3. ORD0710-2011DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation      
 
Rezoning Application Z10-021
 
APPLICANT:  King Holding Corporation; c/o George R. McCue and Michael T. Shannon, Attys.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
      
PROPOSED USE:  Commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on February 10, 2011.
 
SOUTHWEST AREA COMMISSION RECOMMENDATION: Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development District will allow redevelopment of the former Cooper Stadium site that had previously been used for spectator events prior to annexation from Franklin Township.  The development text responds to the Guiding Principles in the Southwest Plan (2009) by limiting event times, requiring sound walls to be constructed, and containing commitments for use restrictions, landscaping, screening, exterior building materials, and lighting controls.  A Special Permit from the Board of Zoning Adjustment (BZA) shall be required for any spectator events at the proposed track facility.  Noise and other impacts of spectator events will be further evaluated and conditioned as part of the BZA Special Permit hearing process.   The BZA has the authority to impose specific conditions and requirements regarding the proposed use to safeguard the public safety and welfare. Staff is supportive of establishing a commercial zoning district on this property to initiate the redevelopment process, and the CPD Text contains a provision that redevelopment of the site can occur even if the track facility is not developed.
 
Title
 
To rezone 1215 WEST MOUND STREET (43223), being 47.16± acres generally located on the south side of West Mound Street at the terminus of Glenwood Avenue, From:  R, Rural District, To:  CPD, Commercial Planned Development District (Rezoning # Z10-021).
 
Body
 
WHEREAS, application #Z10-021 is on file with the Building and Zoning Services Department requesting rezoning of 47.16± acres from R, Rural District, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Southwest Area Commission recommends approval of said zoning change; and
 
WHEREAS, the Southwest Civic Association has executed a Good Neighbor Agreement between the Association and the developer of the site; and
 
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development has commitments for internal sidewalks and signage, markings, or texturization at the entrance/exit points to on-site parking to alert motorists to pedestrians; and
 
WHEREAS, a Special Permit from the Board of Zoning Adjustment (BZA) shall be required for any spectator events at the proposed track facility.  Noise and other impacts of spectator events will be further evaluated and conditioned as part of the BZA Special Permit hearing process.   The BZA has the authority to impose specific conditions and requirements regarding the proposed use to safeguard the public safety and welfare,; and
 
WHEREAS, the BZA, in cooperation with the Department of Building and Zoning Services and the City Attorney, will enforce the conditions of the special permit and may revoke the permit for non-compliance; and
 
WHEREAS, the property owner shall submit to the BZA a complete and comprehensive special permit compliance report no less than one year after the commencement of spectator events at the Site; and
 
WHEREAS, this new development on the West Side will have far-reaching economic benefits for local job-seekers, suppliers, retailers and other businesses.  Council approval of this rezoning, BZA issuance of a special permit, and subsequent completion of the proposed facility is projected to create 300 jobs and provide up to $40 million in private investment for the city's West Side; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will allow redevelopment of the former Cooper Stadium site that had previously been used for spectator events prior to annexation from Franklin Township.  The development text responds to the Guiding Principles in the Southwest Plan (2009) by limiting event times, requiring sound walls to be constructed, and containing commitments for use restrictions, landscaping, screening, exterior building materials, and lighting controls.  The Columbus Public Health Healthy Places program has reviewed and approved the application. Staff is supportive of establishing a commercial zoning district on this property to initiate the redevelopment process, and the CPD Text contains a provision that redevelopment of the site can occur even if the track facility is not developed, 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:
 
1215 WEST MOUND STREET (43223), being 47.16± acres generally located on the south side of West Mound Street at the terminus of Glenwood Avenue, and being more particularly described as follows:
 
DESCRIPTION OF A
47.161 ACRE TRACT
COLUMBUS, OHIO
 
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Virginia Military Survey 422, and being all of a 47.161 acre tract (by survey), conveyed to the Franklin County Commissioners, being comprised of a 26.987 acre tract as conveyed by deed of record in Deed Book 3499, Page 445, a 12.640 acre tract as conveyed by deed of record in Deed Book 3563, Page 298, a 0.50 acre tract as conveyed by deed of record in Deed Book 3565, Page 434, a 7.031 acre tract as s conveyed by deed of record in Official Record 27144J10 and being all of Lots 13, 14, 15, 16, 17, 18, 19, and 20 of Eaton's Second Subdivision as recorded in Plat Book 1, Page 118, as conveyed by deeds of record in Deed Book 3563, Page 298 and Deed Book 3565, Page 434, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows;
 
Commencing for reference at the intersection of the centerline of Mound Street (66 feet wide) and the centerline of Mt. Calvary Avenue (66 feet wide);
 
Thence South 70°50′″ West, a distance of 1396.76 feet, along the centerline of said Mound Street;
 
Thence South 19°09′″ East, a distance of 33.00 feet to an iron pin (set) at the northeasterly corner of the said 47.161 acre tract, said iron pin being the northwesterly corner of 25.375 acre tract (aka. Mt. Calvary Cemetery) as conveyed to Bishop, Edward J. Herrmann by deeds of record Deed Book 95, Page 589 and Deed Book 3377, Page 404, Recorder's Office, Franklin County, Ohio, said iron pin being in the southerly right-of-way line of said Mound Street, said iron pin being the northwesterly corner of Lot 8 of said Eaton's Second Subdivision, and said iron pin being also the True Place of Beginning of the herein described tract of land;
 
Thence South 20°56′″ East, a distance of 938.60 feet along a easterly line of the said 47.161 acre tract, along the westerly line of the said 25.375 acre tract, along the westerly line of said Lot 8, and also along the westerly line of Lots 17 and 18 of said Eaton's Second Subdivision to an iron pin (set) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southwesterly corner of the said 25.375 acre tract, said iron pin being the southwesterly corner of said Lot 18, and said iron pin being also the northwesterly corner of said Lot 19;
 
Thence North 71°09′″ East, a distance of 662.69 feet, along a southerly line of the said 47.161 acre tract, along the southerly line of the said 25.375 acre tract, along the southerly line of said Lot 18, along the northerly line of said Lot 19,  and also crossing an Alley (33 feet wide) to a ¾" hollow iron pin (found) at a southeasterly corner of the said 47.161 acre tract, said iron pin being in the westerly line of a 1.00 acre tract as conveyed to Temple Israel by deed of record Deed Book 1028, Page 591, Recorder's Office, Franklin County, Ohio, said iron pin being in the westerly line of Lot 12 of said Eaton's Second Subdivision, and said iron pin being also in the easterly right-of-way line of said Alley;
 
Thence South 11°07′″ East, a distance of 81.89 feet, along a easterly line of the said 47.161 acre tract, along the westerly line of the said 1.00 acre tract, along the westerly line of said Lot 12, and also along the easterly right-of-way line of said Alley to a iron pin (set) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southwesterly corner of the said 1.00 acre tract, said iron pin being the southwesterly corner of said Lot 12, and said iron pin being also the northwesterly corner of said Lot 13;
 
Thence North 71°01′″ East, a distance of 531.03 feet, along a southerly line of the said 47.161 acre tract, along the southerly line of the said 1.00 acre tract, along the southerly line of said Lot 12, and also along the northerly line of said Lot 13 to a ¾" hollow iron pin (found) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southeasterly corner of the said 1.00 acre tract, said iron pin being the southeasterly corner of said Lot 12, said iron pin being the northeasterly corner of said Lot 13, and said iron pin being also in the westerly right-of-way line of said Mt. Calvary Avenue;
 
Thence South 10°58′″ East, a distance of 558.28 feet, along the easterly line of the said 47.161 acre tract, along the easterly line of said Lots 13, 14, 15 and 16, and also along the westerly right-of-way line of said Mt. Calvary Avenue to a ¾" hollow iron pin (found) at the southeasterly corner of the said 47.161 acre tract, said iron pin being the southeasterly corner of said Lot 16, said iron pin being the northwesterly right-of-way corner of Canonby Place (50 feet wide) as shown in the plat of record Dedication of Canonby Place and Easements as recorded in Plat Book 39, Page 70, and said iron pin being also the northeasterly corner of a 3.369 acre tract as conveyed to the Columbus Metropolitan Housing Authority by deed of record Official Record 01308A03, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio;
 
Thence South 81°13′″ West, a distance of 1107.32 feet, (passing a ¾" hollow iron pin, found, 0.15 feet south at 526.81 feet), along the southerly line of the said 47.161 acre tract, along the northerly line of the said 3.369 acre tract, along the southerly line of said Lot 16, along the southerly right-of-way line of said Alley, along the southerly line of said Lot 20, and also along the northerly line of a 10.612 acre tract as conveyed to The Trustees of Green Lawn Cemetery Association by deed of record Deed Book 1684, Page 533, Recorder's Office, Franklin County, Ohio, to a ¾" hollow iron pin (found, bent & reset)  at an angle in the southerly line of the said 47.161 acre tract, said iron pin being an angle in the northerly line of the said 10.612 acre tract, and said iron pin being also the southwesterly corner of said Lot 20;
 
Thence South 81°27′″ West, a distance of 1216.56 feet, continuing along the southerly line of the said 47.161 acre tract, continuing along the northerly line of the said 10.612 acre tract, along the northerly line of a 6.888 acre tract as conveyed to Greenlawn Cemetery Association by deed of record Deed Book 569, Page 489, and also along the northerly line of a 0.800 acre tract as conveyed to Greenlawn Cemetery by deed of record Deed Book 47, Page 225 to a ¾" hollow iron pin w/cap, PS 6579, (found) at the southwesterly corner of the said 47.161 acre tract, and said iron pin being also the southeasterly corner of a 6.352 acre tract as conveyed to Allwaste Tank Cleaning, Inc., a Georgia Corporation by deed of record Official Record 17677H06, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio;
 
Thence North 18°55′″ West, a distance of 1153.48 feet, along the westerly line of the said 47.161 acre tract, along the easterly line of the said 6.352 acre tract, and also along the easterly line of a 14.506 acre tract as conveyed to TTG Properties, LLC an Ohio Limited Liability Company by deed of record Instrument Number 199802040024868, Recorder's Office, Franklin County, Ohio to a R.R. spike (set) at the northwesterly corner of the said 47.161 acre tract, said spike being the northeasterly corner of the said 14.506 acre tract, and said spike being also in the southerly right-of-way line of said Mound Street;
 
Thence North 70°50′″ East, a distance of 1148.35 feet, along the northerly line of the said 47.161 acre tract and also along the southerly right-of-way line of said Mound Street to the True Place of Beginning, containing 47.161 acres, more or less, subject to all easements, restrictions and rights-of-way of record.
 
Iron Pins set are 5/8" rebar with yellow plastic caps stamped "Franklin County Engineer".
 
Bearings shown are based on the Ohio State Plane Coordinate System, South Zone and North American datum of 1983, (1986) adjustment, as established from Franklin County Geodetic control monument "COC 18-83", with a bearing of N70°50′″E as shown along the Northerly line of the 47.161 acre tract.
 
This description was prepared in the office of the Franklin County Engineer, David L. Pearson, P.S., Ohio Registered Surveyor No. 7298, from an actual field survey of the premises made in May and June, 2008, by the Franklin County Engineer's Office, and also from deeds and plats of record, Recorder's Office, Franklin County, Ohio.
 
To Rezone From: R, Rural District
 
To: CPD, Commercial Planned Development District
 
 
SECTION 2.  That a Height District of one hundred and 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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes 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, "SITE PLAN - PROPOSED MULTI-PURPOSE COMPLEX," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by George R. McCue, Attorney for the Applicant, dated April 21, 2011, and the text reading as follows:
 
COMMERCIAL PLANNED DEVELOPMENT TEXT
1215 West Mound Street (43223)
47.161+/- Acres
 
CURRENT ZONING:   R, RURAL
PROPOSED DISTRICT:  CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS:   1215 West Mound Street, Columbus, Ohio 43223
 
OWNER: Board of Commissioners for Franklin County, c/o Central Ohio Community Improvement Corporation, P.O. Box 6355, Columbus, Ohio 43206.
 
APPLICANT: King Holding Corporation, 107 S. High Street, Columbus, Ohio 43215, c/o CRABBE, BROWN & JAMES, LLP, George R. McCue, Esq., and Michael T. Shannon, Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, gmccue@cbjlawyers.com; mshannon@cbjlawyers.com
 
DATE OF TEXT:   April 21, 2011
 
APPLICATION NUMBER:  Z10-021
 
 
1.  INTRODUCTION:
The subject property ("Site") is the former Cooper Stadium baseball venue located along West Mound Street at Glenwood Avenue, south of I-70 and east of Harrisburg Pike.  The Site was annexed from Franklin Township to the City of Columbus and as a result is zoned R, Rural.  It is currently developed with a baseball field, grandstands, and related structures and parking areas.  The Site lies within the boundaries of the Southwest Area Commission.
Applicant is proposing redevelopment of the Site as a multi-purpose complex with, among other uses, an automotive research and technology center that may include, but will not be limited to, general offices, research labs, training and classroom facilities, automotive garages, automobile showrooms and sales, exhibition spaces and related uses.  In addition the Site may include outparcels (the "Outparcels"), as shown on the site plan submitted herewith (the "CPD Site Plan"), and a paved track with grandstand seating (the "Track Facility").  The Outparcels are anticipated for such uses as a hotel, conference center, restaurants and/or neighborhood-scale retail, offices, automotive uses, etc.  The Track Facility is anticipated to serve a dual purpose, as both a training and testing tool for the automotive research and technology center, as well as a venue for sports (motorized and non-motorized), entertainment, exhibitions, festivals and other events.
 
A portion of the existing grandstands will remain as situated, to be modified for use with the Track Facility.  The grandstand seating will be reduced significantly for this less intense use, from approximately 16,500 to approximately 8,500 seats.  
 
This text and the related CPD site plan are being submitted to address the above-referenced proposed uses not currently permitted in the R, Rural district and to identify various commitments to development standards and/or variances therefrom.  
 
2.     PERMITTED USES:
Permitted uses shall include those uses as permitted in §3357.01 (C-5 District) and §3356.03 (C-4 District), except as specifically prohibited in Section 2(A), below.  Section 3389.087 requires a Special Permit to be issued by the Board of Zoning Adjustment before spectator events, a C-4 District permitted use, may be conducted in any outdoor amphitheater as defined in Section 3303.15.
 
(A).  Prohibited Uses: Animal Shelter; Blood and organ bank; Building material and supplies dealer; Carry-Out; Check cashing and loans; Community food pantry; Crematory; Discount department store; Funeral home and service; Halfway house; Home center; Hospital; Missions/temporary shelter; Pawn broker; Warehouse clubs and super center.      
 
3.     DEVELOPMENT STANDARDS:  
Except as specified herein and on the submitted CPD site plan, the applicable development standards shall be as specified in C.C.C. Chapter 3356 (C-4 Commercial District) and C.C.C. Chapter 3357 (C-5 Commercial District) respectively, as applicable.  
 
A.   Density, Height, Lot and/or Setback Commitments.
1. Building Setback:  The Building setbacks from West Mound Street and Mt. Calvary Avenue shall be twenty-five (25) feet.
 
2. Parking Setback: The parking setbacks from West Mound Street and Mt. Calvary Avenue shall be ten (10) feet.
 
3. The applicable height district shall be H-110, to accommodate the grandstand structure and control tower, and to allow for development of a multi-story automotive research and technology center, office buildings, hotel and/or conference center as described in Section 1 above.  All buildings may be developed with a parking garage, which may have parking mixed with other uses on each floor or stand alone, to maximize onsite parking.
 
B.   Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Applicant agrees to implement the following traffic-related improvements and items and shall file the required Street Construction Plans for such improvements in conjunction with the filing of the Site Compliance Plan:
 
a. At the intersection of West Mound Street and the I-70 Ramps, the developer shall modify (re-stripe) the existing lane configurations such that a 600 foot eastbound left turn lane (includes taper) and a 340 foot westbound left turn lane (includes taper) is provided at this intersection.  The above improvements shall permit the westbound left turn movement to be permitted at this intersection.
 
b. The proposed curb cut immediately east of the intersection of West Mound Street and the I-70 Ramps shall be limited to only right-in and right-out turning movements.  All other curb cuts and access to and from Site shall be as depicted on the submitted CPD Site Plan, and permit full ingress and egress except that, if Outparcel 5 is developed with a use that generates a higher volume of traffic than a 100 unit hotel, as defined by the latest edition of ITE's Trip Generation, the left-out movement shall be prohibited at the first driveway east of the intersection of West Mound Street and Glenwood Avenue.
 
c. At the intersection of West Mound Street and Glenwood Avenue, the developer shall modify (re-stripe) the existing lane configurations such that a 225 foot eastbound left turn lane (includes taper) and a 120 foot westbound left turn lane (includes taper) is provided at this intersection.
 
d. At the intersection of West Mound Street and Glenwood Avenue, the developer shall signalize the south leg of this intersection and the developer shall enter into a standard form of signal maintenance agreement with the City of Columbus.  The developer shall be responsible for 25% of the signal maintenance costs at this intersection.
 
2. The following traffic-related improvement shall be implemented before any interior space that would in the aggregate allow for more than 50,000 square feet of interior space on Site Parcel 1, 2 and/or 3, exclusive of the grandstand structure and track facilities on Site Parcel 2, and exclusive of Outparcels 1,2,3,4, and 5 may be occupied.  Applicant agrees to file the required Street Construction Plans for this improvement in conjunction with the filing of a Site Compliance Plan required to exceed this referenced 50,000 square feet of interior space.
 
The developer shall install an additional northbound right turn lane with a length of 440 feet (includes taper) at the intersection of West Mound Street and Harrisburg Pike/Central Avenue. The installation of the additional northbound right turn lane shall include any necessary signal modifications.
 
3. Exclusive of Outparcels 1,2,3,4 and 5 and exclusive of the grandstand structure and track facilities on Site Parcel 2, there shall be a limit of 150,000 sq. ft. of interior space to be constructed on Site Parcels 1, 2, and 3.
 
4. There shall be a minimum 1,100 parking spaces on Site Parcels 1, 2 and 3, collectively, to serve as shared parking for the Track Facility and up to 150,000 sq. ft. of interior space as may be constructed on Site Parcel 1.  Any square footage of interior space constructed on Site Parcel 1 in excess of 150,000 sq. ft. shall require additional parking on Site Parcels 1, 2 and/or 3 in accordance with C.C.C. §3312.49.  As noted in Section I (Variances Requested), each Outparcel shall be granted a parking variance via this Development Text of up to fifty percent (50%) of the parking required for that use within that parcel's boundaries, so long as the remaining fifty percent (50%) of required parking is accommodated on the main Site (Site Parcels 1, 2, and 3) within 500 feet of the outparcel for which the variance is granted.  This variance option shall be granted in consideration of the amount of parking to be provided on the main site (Site Parcels 1, 2 and 3).  A minimum fifty percent (50%) of the required parking for each Outparcel use shall be provided on that Outparcel.  All or portions of Site Parcel 3 will be used for overflow parking unless or until used for special events or future development.
 
5. A minimum of fifty (50) feet of right-of-way shall be dedicated to the City of Columbus along the Site's Mound Street frontage, as measured from the centerline of West Mound Street.  Any right-of-way not already owned by the City to fulfill this amount shall be dedicated by Applicant at the time of zoning clearance.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All parking areas adjacent to the public right-of-way 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. Significant tree lines exist along portions of the south and east site boundaries.  Said tree lines shall be maintained to provide a natural buffer of the Site in those locations, where not in conflict with the additional required screening, fencing, and sound walls.
 
3. Parking lot shade trees and landscaping shall be provided, per §3312.2 on all Outparcels, at the time they are developed.  Applicant requests a variance to this requirement for any parking to be provided on Site Parcels 2 and 3, which areas may serve dual purposes from time to time.  The parking lot on Site Parcel 1 will be developed with curbed landscape islands and shade trees.
 
4. All trees and landscaping shall be well maintained.  Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows:  Deciduous - 2 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.
 
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, synthetic brick, concrete, stone, synthetic stone, EIFS, metal, glass, wood, or a combination thereof.
 
3.  Sounds walls shall be provided around the perimeter of the Track Facility, as well as along a portion of the southern property line of the Site, as depicted on the CPD site plan.  The sound wall for the Track Facility shall be a minimum 35 feet in height, as measured from the average grade around the outside perimeter of the Track Facility.  The secondary sound wall along the southern property line shall have a variable height of not less than between 25-30 feet, as shown on the CPD site plan.  Final design, engineering and construction materials for these sound walls will be in accordance with the recommendations of applicant's acoustical expert and those recommendations shall be provided in writing to the Board of Zoning Adjustment.  Sound walls shall utilize acoustical materials rated with a Noise Reduction Coefficient of 0.75 or greater and a Sound Transmission Class (STC) rating of 30 or greater.  Sound walls shall be constructed using industry best practices to minimize the degradation of sound wall performance. The performance of the sound wall shall be periodically inspected as required by the BZA and the results shall be provided in writing to the BZA and the Director of the Department of Building and Zoning Services.
                              
E.  Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1.   Any existing site lighting may be utilized in its existing location, or may be relocated within the Site to serve reoriented lighting needs.  Any new lighting required to supplement the existing lighting will match or blend with the existing lighting as nearly as possible.  Newly installed lighting shall not exceed the height of existing light fixtures.
 
2.  Accent lighting (up lighting) may be used for landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
      
3.   Any new building-mounted area lighting within Site Parcel 3 shall utilize fully shielded cutoff style fixtures and be designed in such a way to prevent any off-site light spillage on the adjacent multifamily project.
 
4.   Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
 
F.  Graphics and Signage Requirements.
1.   All graphics and signage shall comply with the Graphics Code, Article 15, Title 33, of the Columbus City Code as it applies to those uses designated as C-4, and any variances to those requirements will be submitted to the Columbus Graphics Commission in the form of a graphics plan for consideration.
 
G.  Miscellaneous Commitments.
1.  The subject Site shall be developed in accordance with the submitted CPD site plan.  The CPD 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 adjustment to the CPD site plan shall be reviewed and may be approved by the director of the Department of Building and Zoning Services, or his or her designee, upon submission of the appropriate data regarding the proposed adjustment.
 
2.  No event shall be held in the Track Facility unless sound walls have been constructed, as described in Section 3(D)(3) above, and until a certificate of occupancy is issued for one or more   interior tenant space(s), containing in the aggregate not less than 20,000 sq. ft., within the proposed "research and technology center" building on Site Parcel 1 (e.g. office, research lab, training or classroom facility, automobile showroom, exhibition space, etc.).  Covered garage/parking space shall not constitute interior tenant space.  For purposes hereof, the term "event" shall mean any event reasonably anticipated to generate noise levels external to the complex which exceed then-existing ambient conditions in the neighborhood surrounding the Site.
 
Break1
 
3.  Applicant will not conduct any No motorsport event shall be conducted in at the Track Facility Site between the hours of 10:00 p.m. and 7:00 a.m., or at any time barred by the Board of Zoning Adjustment in a special permit for the Site.  For the purposes hereof, the term "motorsport event" shall mean any racing competition involving multiple motorized vehicles, such as automobiles, motorcycles or trucks, and is reasonably anticipated to generate noise levels external to the complex which exceed then-existing ambint conditions in the neighborhood surrounding the Site.  No other event shall be conducted at the Site at any time barred by the Board of Zoning Adjustment or by section of licensing permit, if applicable.  For the purposes hereof, the term "other event" shall mean any spectator event that is not a motorsport event and is reasonably anticipated to generate noise levels external to the complex which exceed then-existing ambient conditions in the neighborhood surrounding the Site.  
 
4.  The property owner shall submit to the BZA a complete and comprehensive special permit compliance report no less than one year after the commencement of spectator events at the Site.  The review shall document substantiated violations of applicable City Code, this ordinance or any special permit issued by the BZA; incidents related to the condition or operation of the Site reported to applicable City departments, if the City department has provided the property owner with proper written notice of the same; received modifications of the Site plan; and a detailed accounting of compliance with the terms of this ordinance and of any subsequent special permit issued by the BZA.  This report shall be presented to the City Council and the Director of the Department of Building and Zoning Services.
 
5.  A monetary contribution shall be made to the City of Columbus per the Parkland Dedication provisions of C.C.C. §3318.13, at the rate of $400.00 per acre of land hereby being rezoned from a residential zoning district to a non-residential zoning district.  Tree or other natural preservation areas may be donated to offset the required monetary contribution, subject to review and approval by the City of Columbus Recreation and Parks Department at the time of final plan approval.  The monetary contribution shall be made at the time of zoning clearance.
 
6.  As an effort to mitigate any adverse impact on bird habitat in the vicinity of the Track Facility, Applicant agrees to incorporate native plant materials in required landscaping within the development. Only the type or species of native plant materials approved by the City Forester shall be used.
 
7.  Primary sidewalks within the development, constructed to provide pedestrians direct access to the grandstand seating area, shall be constructed a minimum of eight (8) feet wide.  Secondary sidewalks provided for indirect or remote pedestrian access may be constructed at a minimum 4-foot width.  
 
8.  Pedestrian crosswalks and similar directional pavement markings and/or signage shall be utilized to guide pedestrians to designated walking areas and to alert motorists to pedestrian crossing areas.  Signage or texturized/stamped sidewalks shall be provided at the entrances and exits of the parking lot to alert motorists to pedestrians.  Any items within the public right-of-way are subject to the review and approval by the Department of Public Service, who may deny the use of such items if unacceptable materials or inappropriate uses of traffic control devices are proposed.
 
9.  If the Track Facility does not develop, then the Site shall otherwise be developed in accordance with §3356.03 (C-4 district) and §3357.01 (C-5 district) and the commitments made in this Development Text specifically with regard to the Track Facility, including without limitation Sections 3(D)(3), 3(G)(3), 3(G)(4) and 3(G)(6), shall be of no force or effect.
 
H.     CPD Requirements.
1.  Natural Environment.  
The Site is developed with a baseball stadium and parking lot, no longer in use.
 
2.  Existing Land Use.
The Site is currently unoccupied, but is developed for and was previously used as Cooper Stadium, home of the Columbus Clippers.
 
3.  Transportation and Circulation.
The Site will be accessed from West Mound Street and Mt. Calvary Avenue, as shown on the submitted CPD site plan.  The existing parking lot circulation and access points will provide contiguity among uses.
 
4.  Visual Form of the Environment.
The existing uses/zoning of the surrounding properties are as follows:
 
West:  Sunbelt Rentals, et al., zoned LI, Limited Industrial, and AllWaste Tank Cleaning, zoned R, Rural
North:  Commercial development zoned C-4 (tire service, gas station, etc.), with I-70 to the north
East:  Cemetery, zoned R, Rural
South:  Cemetery, zoned R, Rural and CMHA multi-family housing zoned AR-3
 
5.  View and Visibility.
Significant consideration has been given to visibility and safety issues.
 
6.  Proposed Development.
Applicant is proposing redevelopment of the Site as a multi-purpose complex with, among other uses, an automotive research and technology center that may include, but will not be limited to, general offices, research labs, training and classroom facilities, automotive garages, automobile showrooms and sales, exhibition spaces and related uses.  In addition the Site may include Outparcels, as shown on the submitted CPD site plan, and a paved track with grandstand seating.  The Outparcels are anticipated for such uses as a hotel, conference center, restaurants and/or neighborhood-scale retail, offices, automotive uses, etc.  The Track Facility is anticipated to serve a dual purpose, as both a training and testing tool for the automotive research and technology center, as well as a venue for sports (motorized and non-motorized), entertainment, exhibitions, festivals and other events.
             
7.  Behavior Patterns.
This area has existing traffic flows, including West Mound Street as the major thoroughfare, with direct access to I-70.                   
 
8.  Emissions.
The proposed use, with the sound walls described in Section 3(D)(3) above, will create no increase of emissions.
 
I. Variances Requested.
1.  The Applicant requests a variance from C.C.C. §3312.49 (Minimum Number of Spaces Required), for a reduction in the total number of required parking spaces. Required parking for Site Parcels 1,2 and 3, collectively ,shall be a minimum of 1,100 spaces to serve as shared parking for the Track Facility and up to 150,000 square feet of interior space as may be constructed on Site Parcel 1.  This Development Text shall grant a parking variance of any parking in excess of 1,100 spaces that may otherwise be required for Site Parcels 1, 2 and 3, provided that any square footage of interior space constructed in Site Parcel 1 in excess of 150,000 sq. ft. shall require additional parking on Site Parcels 1, 2 and/or 3 in accordance with C.C.C. §3312.49.   Parking shall be located, generally, in the areas designated on the CPD site plan, but is subject to adjustment at the time of final engineering, based on building sizes and locations on the site.  Outparcel parking shall be provided in accordance with this request and the final layouts for same shall be determined at the time of permitting for each use.
 
Each Outparcel fronting Mound Street shall be granted a parking variance via this Development Text of up to fifty percent (50%) of the parking required for that use within that parcel's boundaries, so long as the remaining fifty percent (50%) of required parking is accommodated on the main Site (Site Parcels 1, 2 and 3) within 500 feet of the Outparcel for which the variance is sought.  This variance option shall be granted in consideration of the amount of parking to be provided on the main site (Site Parcels 1, 2 and 3).  A minimum fifty percent (50%) of the required parking for each Outparcel use shall be provided on that Outparcel.  All or portions of Site Parcel 3 will be used for overflow parking unless or until used for special events or future development.  
 
Further, parking garage structures may be constructed on any Site Parcel or Outparcel.  However, the size, number of stories, and other such details are unknown at this time and, therefore, the requested parking variance will ensure an available minimum number of spaces until such time as the site is fully developed.  
 
2.  The Applicant requests a variance from §3312.21, to allow Site Parcels 2 and 3 to be developed without shade trees and landscape islands.  All Outparcels, as well as the parking area in Site Parcel 1, will provide curbed and landscaped islands.      
 
3.   The applicant requests a variance from §3312.39 to allow Site Parcel 3 to be developed without parking space striping.
 
4.  The Applicant requests a variance from §3321.03 (c) to allow for all existing lighting to be utilized in its existing location or relocated within the Site to serve reoriented lighting needs, and to allow for any new lighting required to supplement the existing lighting to be of the same height as the tallest existing lighting and to match the style of the existing lighting as nearly as possible.  Any new light standards placed within 25 feet of a residentially used or zoned property shall not exceed 14 feet in height, and any new light standard placed on a lot of 2 acres or less shall not exceed 18 feet in height.
 
5.  The Applicant requests a variance from Sections 3372.804, 3377.807, and 3372.809 of the Regional Commercial Overlay, should said sections become applicable to this Site, for the development of Site Parcels 1, 2 and 3.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.