Explanation
Rezoning Application Z05-035
APPLICANT: The New Albany Company, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on September 8, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit commercial development that is consistent with the zoning and development patterns of the area and with the June 16, 2005 recommendation of the Rocky Fork Blacklick Accord Implementation Panel.
Title
To rezone 5475 NEW ALBANY ROAD EAST (43054), being 32.68± acres located at the northwest corner of SR 161 and New Albany Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z05-035)
Body
WHEREAS, application #Z05-035 is on file with the Building Services Division of the Department of Development requesting rezoning of 32.68± acres from the L-C-4, Limited Commercial District to the CPD, Commercial Planned Development 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 City Departments recommend approval of the requested CPD, Commercial Planned Development District would permit commercial development that is consistent with the zoning and development patterns of the area and is consistent with the June 16, 2005 recommendation of the Rocky Fork Blacklick Accord Implementation Panel; 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:
5475 NEW ALBANY ROAD EAST (43054), being 32.68± acres located at the northwest corner of SR 161 and New Albany Road, and being more particularly described as follows:
32.679 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands, and being part of the original 101.642 acre tract conveyed to The New Albany Company LLC by deeds of record in Official Records 16105 D10, 12756 B15 and 21256 E01 and Instrument Number 199811120289607, (all references refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for Reference, at the centerline intersection of Central College Road with New Albany Road West, of record in Plat Book 103, Page 32-33, being North 85° 59' 39" West, a distance of 1167.02 feet from Franklin County Geodetic Survey Monument No. 5211 and South 85° 59' 39" East, a distance of 1543.82 feet from Franklin County Geodetic Survey Monument No. 5212;
Thence South 03° 13' 41" West, a distance of 364.98 feet, with the centerline of said New Albany Road West, to a point of curvature;
Thence with said curve to the left, having a central angle of 27° 54' 21", a radius of 1000.00 feet, an arc length of 487.05 feet, and a chord which bears South 23° 23' 20" East, a chord distance of 482.25 feet, to a point;
Thence South 52° 39' 30" West, a distance of 50.00 feet, across the right-of-way of said New Albany Road West, to an iron pin set in a curve in the southwesterly right-of-way line thereof, being in a northeasterly line of the remainder of said original 101.642 acre tract and being the TRUE POINT OF BEGINNING;
Thence with said southwesterly right-of-way line, and said northeasterly line, the following courses and distances:
With said curve to the left, having a central angle of 33° 49' 05", a radius of 1050.00 feet, an arc length of 619.75 feet, and a chord which bears South 54° 15' 03" East, a chord distance of 610.79 feet, to an iron pin set at a point of reverse curvature;
With said curve to the right, having a central angle of 74° 43' 54", a radius of 342.70 feet, an arc length of 446.99 feet, and a chord which bears South 33° 47' 38" East, a chord distance of 415.97 feet, to an iron pin set at a point of tangency, being in the limited access right-of-way line of Relocated State Route 161 and in the westerly line of the 11.623 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 27687 B06;
Thence with said limited access right-of-way line, and the lines common to the remainder of said original 101.642 acre tract and said 11.623 acre tract, the following courses and distances:
South 03° 34' 19" West, a distance of 359.89 feet, to an iron pin set;
South 83° 20' 41" West, a distance of 303.37 feet, to an iron pin set;
South 71° 44' 21" West, a distance of 165.54 feet, to an iron pin set;
South 66° 59' 43" West, a distance of 260.12 feet, to an iron pin set;
South 77° 52' 11" West, a distance of 144.44 feet, to an iron pin set;
South 56° 39' 45" West, a distance of 88.59 feet, to an iron pin set;
South 68° 57' 22" West, a distance of 87.51 feet, to an iron pin set;
North 85° 46' 45" West, a distance of 179.29 feet, to an iron pin set;
South 89° 47' 03" West, a distance of 228.10 feet, to an iron pin set;
Thence across the remainder of said original 101.642 acre tract, the following courses and distances:
North 15° 05' 42" East, a distance of 111.30 feet, to a point;
North 48° 40' 23" East, a distance of 46.99 feet, to a point;
North 75° 32' 33" East, a distance of 22.60 feet, to a point;
South 76° 17' 41" East, a distance of 62.48 feet, to a point;
North 38° 13' 54" East, a distance of 42.19 feet, to a point;
North 15° 26' 27" West, a distance of 21.22 feet, to a point;
North 59° 57' 32" West, a distance of 61.97 feet, to a point;
North 20° 07' 01" West, a distance of 30.79 feet, to a point;
North 23° 58' 47" East, a distance of 27.79 feet, to a point;
North 50° 59' 05" East, a distance of 33.61 feet, to a point;
South 75° 43' 01" East, a distance of 74.29 feet, to a point;
South 87° 14' 05" East, a distance of 43.81 feet, to a point;
North 53° 49' 11" East, a distance of 41.40 feet, to a point;
North 17° 12' 53" East, a distance of 31.00 feet, to a point;
North 15° 44' 20" West, a distance of 98.90 feet, to a point;
North 22° 14' 49" West, a distance of 91.82 feet, to a point;
North 17° 03' 06" West, a distance of 127.60 feet, to a point;
North 40° 05' 37" West, a distance of 65.99 feet, to a point;
North 62° 39' 16" West, a distance of 112.04 feet, to a point;
North 23° 13' 20" West, a distance of 37.60 feet, to a point;
North 40° 30' 18" West, a distance of 69.55 feet, to a point;
North 69° 47' 50" West, a distance of 28.58 feet, to a point;
South 61° 04' 01" West, a distance of 37.90 feet, to a point;
South 51° 21' 42" West, a distance of 22.59 feet, to a point;
North 64° 30' 35" West, a distance of 34.41 feet, to a point;
North 16° 48' 55" West, a distance of 39.04 feet, to a point;
North 02° 13' 01" East, a distance of 85.67 feet, to a point;
North 41° 21' 57" East, a distance of 23.55 feet, to a point;
North 88° 15' 54" East, a distance of 23.30 feet, to a point;
South 63° 27' 44" East, a distance of 25.25 feet, to a point;
North 70° 50' 01" East, a distance of 51.55 feet, to a point;
North 66° 25' 42" East, a distance of 54.67 feet, to a point;
North 09° 47' 04" East, a distance of 20.75 feet, to a point;
North 30° 29' 34" West, a distance of 55.64 feet, to a point;
North 34° 45' 30" West, a distance of 46.96 feet, to a point;
North 11° 36' 29" West, a distance of 56.15 feet, to a point;
North 16° 56' 49" West, a distance of 50.86 feet, to a point;
North 00° 00' 15" West, a distance of 26.09 feet, to a point;
North 53° 03' 11" East, a distance of 52.15 feet, to a point;
North 60° 35' 29" East, a distance of 90.89 feet, to a point;
North 65° 02' 30" East, a distance of 81.74 feet, to a point;
North 87° 06' 29" East, a distance of 100.64 feet, to a point;
North 59° 29' 18" East, a distance of 45.95 feet, to a point;
North 37° 29' 55" East, a distance of 38.36 feet, to a point;
South 83° 29' 03" East, a distance of 30.28 feet, to a point;
South 83° 40' 14" East, a distance of 42.51 feet, to a point;
South 80° 14' 48" East, a distance of 48.43 feet, to a point;
North 83° 34' 24" East, a distance of 55.91 feet, to a point;
North 58° 50' 55" East, a distance of 37.03 feet, to a point;
North 40° 15' 23" East, a distance of 49.25 feet, to a point;
North 58° 01' 05" East, a distance of 18.45 feet, to a point;
South 55° 38' 48" East, a distance of 36.02 feet, to a point;
South 38° 29' 02" East, a distance of 67.91 feet, to a point;
South 63° 22' 25" East, a distance of 32.58 feet, to a point;
South 85° 27' 02" East, a distance of 19.07 feet, to the TRUE POINT OF BEGINNING, containing 32.679 acres, more or less, being 5.532 acres out of PID 010-220117 and 27.147 acres out of PID 010-220116.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System as per NAD 83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 5574 and Frank 5113, with a portion of Central College Road having a bearing of South 86° 09' 36" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
To Rezone From: L-C-4, Limited Commercial Development Districts,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of Sixty (60) 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 plans being titled, "CPD SITE DATA PLAN," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated October 31, 2005; November 23, 2005 and text titled, "CPD TEXT," Jeffrey L. Brown, Attorney for the Applicant, and dated March 10, 2006, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICTS: CPD
PROPERTY ADDRESS: 5475 New Albany Road East
OWNER: The New Albany Company, LLC
APPLICANT: Same as owner
DATE OF TEXT: 3/10/06
APPLICATION NUMBER: Z05-035
1. INTRODUCTION: The subject site was Subarea 2 in Z95-102 which zoned a large tract of land between the New Albany Expressway and Central College Road in 1998. For continuity with the prior application this Subarea is still referred to Subarea 2 in this new application. The applicant needs to modify the development to reflect new use and proposed development pattern.
Subarea 2 CPD
Subarea 2 because of its location along the New Albany Expressway may be characterized by office, commercial and hotel development
2. PERMITTED USES:
1. The following uses shall be permitted within Subarea 2. Those uses permitted under Chapter 3356, C-4, Commercial District of the Columbus City Code and gas sales and/or car wash.
2. Excepting therefrom:
a. Automobile salesroom
b. Billboards
c. Bowling alley
d. Commercial radio transmitting or television station and appurtenances
e. Electric substation
f. Funeral parlor
g. Motion picture theater
h. Motor vehicle sales or leasing
i. New or used car lot
j. Public parking for pay
k. Stable
3. The northwest quadrant shall consist of inline retail and/or outparcels; the southwest quadrant shall consist of the main retail center and up to three outlots. The parking field for the main retail center may extend into the outparcel area, and the northwest quadrant.
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and therein, the applicable development standards of Chapter 3356 shall apply to Subarea 2.
A. Density, Height, Lot and/or Setback commitments.
1. Minimum setback from New Albany Expressway shall be 40 ft. for parking, loading and maneuvering areas, 100 ft. for retail center building (excluding drive thru window structure) and 50 ft. for all outparcel buildings. Minimum setback from New Albany Road and New Albany Road West shall be 50 ft. for all buildings and 25 ft. for parking, loading and maneuvering areas.
2. Minimum setback along the main full access entry driveway off of New Albany Road West shall be 15 feet for parking, loading and maneuvering areas and 40 feet for buildings. (Setback measured from back of curb)
3. Lot coverage for building and paved areas shall not exceed seventy percent of the total subarea.
4. Height district shall be 60 ft.; buildings in outlots shall have a maximum height of 35 feet except that architectural elements (i.e. cupolas, catwalks and chimneys) may extend to 38 feet in height.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. The curbcuts for the site are shown on the submitted CPD site data plan; any modification to the curbcuts shall be subject to review and approval of the City's Transportation Division.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Landscaping within the 25 ft. parking setback along New Albany Road and New Albany Road West shall contain a 3 ft. -5 ft. high continuously uniform shrubbery screen and/or mound along with a white horse fence. Trees shall be planted within the 25 ft. setback in a hedge row manner per the following standards: 4 deciduous shade trees and 3 multi-stem ornamental trees per 100 foot of frontage.
2. Landscaping within the New Albany Expressway 40 ft. parking setback shall be based on the following standard:
a. Existing trees shall be preserved.
b. There shall be a 3 ft. -4 ft. high continuously uniform shrubbery screen and/or mound along with a white horse fence within the 40' New Albany Expressway parking setback. The shrubbery screen shall be located along the edge of parking lots toward the Expressway right-of-way.
c. New trees shall be planted within the parking setback and in a hedge row manner approximately 30' behind the Expressway right-of-way per the following standards: 6 shade trees and 4 multi-stem ornamental trees shall be planted per 100 lineal feet.
3. A street tree row shall be established along all publicly dedicated rights-of-way (other than New Albany Expressway) containing one tree for every 30' of road frontage. Such trees shall be those specified in the Columbus Street Program guidelines from the City of Columbus Forester and located a minimum 1 foot from edge of right-of-way unless the City of Columbus approves planting these trees within the right-of-way. Minimum tree size at installation shall be 2 ½" caliper.
4. One tree shall be planted for every six parking spaces. Trees shall be planted in islands at least five feet wide. At least 5% of the vehicular use area (i.e. parking lot excluding the perimeter circulation drive exterior to the parking lot) shall be landscaped (including trees).
5. All loading docks shall be screened from off-site view to a minimum height of six (6) feet by either landscaping, fencing, walls or buildings used individually or in combination thereof.
6. The property owner shall grant a conservation easement as shown on the submitted CPD site data plan to the City of Columbus along the banks of the Sugar Run Creek subject to retaining its right to cross the easement area with streets, utility lines and to install a leisure path.
7. Unless otherwise specified minimum size of all trees shall be 2.5 in. caliper for deciduous, 6 ft. high for evergreens, and 1.5 in. caliper for ornamental trees. Any mounding shall have a maximum 3:1 slope with landscaping.
8. The landscaping required in this section shall count toward satisfying the landscaping requirements of Chapter 3342 of the Columbus City Code.
9. All trees and landscaping shall be well maintained. Dead items, weather permitting shall be replaced within six months.
10. The area east of the creek within the Subarea as shown on the submitted CPD site data plan as open space shall be subject to a conservation easement granted to the City of Columbus. The property owner retains the right to cross that easement area with utility lines and leisure trail.
11. The developers shall install a sidewalk along New Albany Road West from the 161 Bypass to the north edge of the subarea.
12. Subject to the approval of the Recreation and Parks Department the developer shall install a walking path through the open space connecting the sidewalk along New Albany Road West with the internal pedestrian walkway system within the visual corridor described in item G4 below.
13. Bike racks shall be provided within the visual corridor described in item G4 in connection with the proposed walking path.
14. Landscape plans for individual developments within the subarea shall be reviewed by a registered designer or architect selected by the developer.
D. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external lighting shall be cutoff type fixtures (down-lighting), and shall provide no light spillage to off-site parcels. However, buildings and landscaping at entry locations may be uplit or downlit provided that landscaping lighting does not spill over into the public right-of-way. Any wall mounted lighting shall be shielded to create a cut-off type fixture. In the service area adjacent to the conservation corridor the level of outdoor lighting shall be consistent throughout the service area to avoid hot spots. The outdoor light level in the service area shall be minimize subject to maintaining a sufficient level of lighting to provide adequate security in that area.
2. All external outdoor lighting fixtures within a given area shall be from the same or similar manufacturer's type to insure compatibility.
3. Parking lot lighting standards shall not exceed 30 feet in height for the retail center and 28 feet for any outparcel.
4. The lighting fixture under the canopy of a gas use shall not extend beyond the surface of the canopy.
5. All new or relocated utility lines shall be installed underground.
6. All waste and refuse shall be containerized and fully screened from view by a solid wall or fence that is consistent with the building's architecture. No ice/soda machines shall be permitted outside of a structure.
7. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view from ground level by same materials utilized on building roof or exterior. Color shall also match building exterior or roof. Mechanical and all other equipment on the ground shall be fully screened from view from ground level by wall, fence or landscape material utilizing the same material or character of the building.
8. Outdoor displays in front of a store shall be limited in area so that there is at least a five foot wide sidewalk adjacent to the outdoor displays. No outdoor sales area shall be permitted in the parking lot. The gas station shall be permitted outdoor display area in front of the kiosk, not to exceed an area measuring twelve (12) feet in depth and eight (8) feet in width with a 4' x 4' area at the ends of each of the pump islands. The maximum height for any outside storage areas shall be four (4) feet. The outdoor display area shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, firewood, mulch, flowers, Christmas wreaths.
E. Graphics and Signage commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Codes, as it applies to the C-4, Commercial District . Any variance to the sign requirements of the code or in this CPD text shall be submitted to the Columbus Graphics Commission.
2. Entry features may be established within the subarea and may contain signage. Minimum setback for entry features shall be 5 feet from right-of-way line. In no case, shall entry features interfere with maintaining safe clear sight distances at intersections. Depending on the final form of the entry features, appropriate variances from the Columbus City Code may be required.
3. No signs shall be painted directly on the surface of any building, wall, or fence. No wall murals shall be allowed.
4. If site signage is illuminated, the signage shall be externally illuminated, internal illumination will be prohibited. Signage light source shall be directed toward the sign and shall not cause visibility problems for motorists or adjacent property owners.
5. All free-standing signs shall be monument style; any sign for a outparcel user shall not exceed 10 feet in height. Landscaping shall be installed around the base of any free standing sign.
6. No signage or neon lighting shall be permitted on the gas canopy of the gas sation located adjacent to New Albany Road. Signage on the gas pumps shall be limited to those items required by federal or state law. Window signage for the gas user's building shall not exceed 50 square feet.
F. Tree Preservation.
Reasonable and good faith efforts will be made to preserve existing trees and tree rows occurring within this subarea. Consideration will be given to laying out streets, lots, structures and parking areas to avoid the unnecessary destruction of these wooded areas. Additionally, standard tree preservation practices will be in place to preserve and protect trees during all phases of construction, including the installation of snow fencing at the drip line.
G. Architectural Standards - Commercial
1. Retail center shall be sited with the longest and/or more predominant building facade parallel to a major street.
2. The north facade of the retail center in the southwest quadrant shall not extend beyond 750 feet from the southwest corner of the Subarea 2 (measured at east side of open space line at the expressway).
3. A maximum of three outparcels are permitted within the southwest quadrant.
4. The southern most building facade in the northwest quadrant shall be no closer than 120 feet to north facade of the northern most building in the southwest quadrant. This separation shall preserve a visual corridor to the open space area.
5. Buildings that are developed on outparcels shall be designed to be seen from 360 degrees with the same caliber of finish on all facades/elevations.
6. Building materials shall be limited to the following: brick, precast, natural and cultured stone, E.I.F. S. (Exterior Insulated Finish Systems), glass, and masonry block as described below. Wood and metal shall be allowed as accent features. Each building facade shall be at a minimum 50 percent brick or precast. Synthetic materials shall be permitted above the ground story and allowed on the ground story only as accent features (i.e. engaged columns, pediments, cornices, etc.). Tinted glass shall be permitted, reflective or mirrored glass shall be prohibited. Prefabricated metal buildings, untreated masonry block structures, and buildings featuring an exterior finish entirely of glass are also prohibited except that the rear elevation of a non outparcel building located in the southwest quadrant may be finished in masonry block; the color of which shall match the predominate color of that building.
7. Pitched, flat, or mansard roofs shall be permitted. All flat roofs shall be required to have a parapet and/or a means of screening all rooftop mechanical equipment. All rooftop screens must be consistent and harmonious to the building's facade and character.
8. Poured concrete exterior walls are prohibited.
9. The canopy columns shall be faced with the same dominant building material contained in the gas user's building.
H. CPD Criteria
a) NATURAL ENVIRONMENT The site is undeveloped and adjacent to the New Albany Expressway and New Albany Road.
b) EXISTING LAND USES To the North new corporate headquarters; to the east across New Albany Road, office development; to the south New Albany Expressway and to the west undeveloped ground zoned L-ARO.
c) TRANSPORTATION AND CIRCULATION This site has access to New Albany Road and New Albany Road West.
d) VISUAL FORM OF THE DEVELOPMENT See development text
e) VIEW AND VISIBILITY In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
f) PROPOSED DEVELOPMENT Commercial
g) EMISSIONS No adverse affects from emissions shall result from the proposed development.
h) BEHAVIOR PATTERNS The proposed development will serve the existing residential population and office.
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.