Explanation
Rezoning Application Z08-047
APPLICANT: The Church at Polaris; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on November 13, 2008.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is currently zoned in the R, Rural District. The requested L-C-4, Limited Commercial District would permit commercial development with appropriate development standards, consistent with the adjacent L-C-4 districts. The request is compatible recommendations of The Far North Plan (1994) and with the zoning and development patterns in the area.
Title
To rezone 2150 EAST POWELL ROAD (43240), being 8.1± acres located 790± feet north of Gemini Place, 265± feet southwest of the western terminus of England Drive, From: R, Rural District, To: L-C-4, Limited Commercial District and to declare an emergency. (Rezoning # Z08-047)
Body
WHEREAS, application #Z08-047 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.1± acres from R, Rural District to 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 due to the property owners need to immediately negotiate the sale of the property for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-C-4, Limited Commercial District would permit commercial development with appropriate development standards, consistent with the adjacent L-C-4 districts to the south and east. The request is compatible with development in 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:
2150 EAST POWELL ROAD (43240), being 8.1± acres located 790± feet north of Gemini Place, 265± feet southwest of the western terminus of England Drive, and being more particularly described as follows:
DESCRIPTION OF AN 8.054 ACRE TRACT OF LAND
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 15, Quarter Township 4, Township 3, Range 18, United States Military District, and being 8.054 acres out of that original 120.00 acre tract of land conveyed to Christ the King Church (fka Christ the King Lutheran Church) by deed of record in Deed Book 521, Page 348 and Official Record 243, Page 859, said 8.054 acres being more particularly bounded and described as follows:
Beginning at an iron pin set marking the southeast corner of that 15.000 acre tract conveyed to The Lakes at Polaris LLC of record in Official Record 753, Page 1922 and in the west line of that 15.306 acre tract as conveyed to Polaris CW, LLC of record in Official Record 686, Page 2084, said iron pin set being S 02° 57' 42" W, with said west line, 80.26 feet from a 3/4" iron pipe found capped EMHT found marking the southwest corner of "Prestwick Green Section 2 Part 2" as recorded in Cabinet 2, Slide 750-750A, the same being the northwest corner of said 15.306 acre tract;
Thence S 02° 57' 42" W, with the west line of said 15.306 acre tract, 390.32 feet to an iron pin set marking the northeast corner of that 6.134 acre tract conveyed to N.P. Limited Partnership of record in Official Record 823, Page 1720;
Thence N 87° 02' 06" W, with the north line of said 6.134 acre tract, 891.12 feet to an iron pin set marking the northwest corner of said 6.134 acre tract;
Thence N 02° 47' 08" E, across said 120.00 acre tract, 396.50 feet to an iron pin set;
Thence S 86° 38' 19" E, partly across said 120.00 acre tract and partly with the south line of said 15.000 acre tract, (passing an iron pin set at 20.39 feet) 892.37 feet to the Point of Beginning, and containing 8.054 acres, more or less, as calculated by the above courses, all of which lie within said Farm Lot 15. Subject, however, to all legal highways, easements, and restrictions of record. The above description was written by John C. Dodgion, P.S. 8069 on April 23, 2008 and is based on existing records and an actual field survey. A drawing of the above description is attached hereto and made a part thereof.
All iron pins set are 3/4" diameter, 30" long with plastic cap inscribed "Advanced 7661".
All references used in this description can be found at the Delaware County Recorder's Office, Delaware County, Ohio. The Basis of Bearings used in this description was transferred from a GPS survey of Delaware County Monuments "97-036" and "97-146" published by the Delaware County Engineer's Office, and is based upon the NAD83 Ohio State Plane Coordinate System, North Zone, and determines the bearing between said monuments as S 01° 59' 20" W.
To Rezone From: R, Rural District,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of Thirty-five (35) feet 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 and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text titled, "LIMITATION OVERLAY TEXT," signed by Jill S. Tangeman, Attorney for the Applicant, and dated March 5, 2009, and the text reading as follows:
LIMITATION OVERLAY TEXT
Zoning District: L-C-4
Property Location: 2150 East Powell Road, being 8.054+/- acres located on the south side of Powell Road and north of Gemini Parkway
Owner: The Church at Polaris
Applicant: The Church at Polaris
Date of Text: March 5, 2009
Application: Z08-047
1. Introduction: The applicant seeks to rezone 8.054 +/-acres located north of Gemini Parkway for commercial uses.
2. Permit Uses: Those uses listed in Chapter 3356.03 (C-4, Regional Scale Commercial District) of the Columbus City Code shall be permitted.
A. The following uses are excluded from this site:
1. Billboards
2. Used car lots, except used car lots used in conjunction with the sale of new cars.
3. Outside display 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.
4. Halfway House
5. Animal Shelter
6. Automobile and light truck dealers
7. Automotive accessories, parts, and tire sales
8. Automobile maintenance and repair
9. Automotive sales, leasing, and rental
10. Motorcycle, boat and other motor vehicle dealers
11. Motor vehicle accessories and parts dealers
12. Recreational vehicle dealers
13. Truck, utility trailer and RV sales, rental and leasing
14. Nightclubs
15. Video Sales
3. Development Standards: Except as otherwise noted above and herein, the applicable development standards of Chapter 3356 (C-4) shall apply to this site.
A. Density, Lot, and/or Setback Commitments.
1. The height district shall be H-35.
2. The building setback line shall be fifty (50) feet from any public street, fifteen (15) feet from any side property line and twenty five (25) feet from any rear property line.
3. The parking setback line shall be thirty (30) feet from any public street, ten (10) feet from any side property line and fifteen (15) feet from any rear property line.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. Installation of a right turn lane on Gemini Place at the Christ the King Church access point shall be required by the developer prior to occupancy. The right turn lane shall be 296 feet in length, which includes a 60 feet taper length. If a traffic signal is warranted for the intersection of Gemini Place and Christ the King Church access point, the developer shall contribute to the installation and maintenance of a traffic signal at the subject intersection.
2. Pedestrian walkways shall be provided to the north and the south of the subject site to connect the residential development to the north with the commercial development to the south.
3. At least one bike rack located within fifteen (15) feet of each building shall be provided on site.
4. Pedestrian crosswalks or designated walking paths between landscaping islands will be provided in any parking lot area.
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 so as to hide trash collection areas and waste storage areas from view, to a minimum opacity of not less than seventy five percent (75%). All such landscaping shall be properly trimmed and all screening shall be maintained. 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 shall 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.
4. On the north and east sides of the property, there shall be a landscape buffer installed which will include a three foot mound in height and evergreen trees sufficient to provide 75% opacity within 5 years.
5. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
6. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2.5 inch caliper; Ornamental - 1.5 inch caliper; Evergreen - 6 feet in height; Shrubs - 2 gallon.
7. 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 of 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' 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 owners of the property containing such freight loading area at all times.
8. 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 plating, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6' 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.
9. Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel and adjacent and parallel to the side 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 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.
10. Each parcel shall provide a minimum thirty (30) foot wide landscape buffer area in the front, 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.
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 belandscaped with lawns, trees and shrubs.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Buildings shall be finished with the same level and quality of finish on all four sides. There shall be no exposed smooth face concrete block.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All parking lot lighting shall use cut-off type fixtures (downlighting) and shall be designed and placed to minimize off-site light spillage and glare. Buildings and landscaping may be uplighted from a concealed source.
2. Parking lot lighting shall be no higher than 18 feet.
3. All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
F. Graphics and/or Signage Commitments.
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.