Explanation
Rezoning Application # Z05-046
APPLICANT: Gowdy Partners, LLC; c/o John P. Kennedy and Laura MacGregor Comek, Attys.; Crabbe, Brown and James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Office development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-0-1) on September 8, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow office development, including limited educational and institutional uses. Accessory retail uses and employee fitness and cafeteria/food service facilities associated with the primary uses are also requested. The site is within the planning area of the draft Harrison West Plan, which recommends office development for this location. The CPD text includes use restrictions, parking lot screening, exterior building commitments, and lighting controls. The proposed plan and text are consistent with the zoning and development patterns of the area, and with the recommendation of the draft Harrison West Plan.
Title
To rezone 739 WEST THIRD AVENUE (43212), being 20.69± acres located on the west side of Olentangy River Road, 800± feet south of West Third Avenue, From: R-1, Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z05-046).
Body
WHEREAS, application #Z05-046 is on file with the Building Services Division of the Department of Development requesting rezoning of 20.69± acres from R-1, Residential District to CPD, Commercial Planned Development District; 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 District will allow office development, including limited educational and institutional uses. Accessory retail uses and employee fitness and cafeteria/food service facilities associated with the primary uses are also requested. The site is within the planning area of the draft Harrison West Plan, which recommends office development for this location. The CPD text includes use restrictions, parking lot screening, exterior building commitments, and lighting controls. The proposed plan and text are consistent with the zoning and development patterns of the area, and with the recommendation of the draft Harrison West Plan, 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 20.69± acres located on the west side of Olentangy River Road, 800± feet south of West Third Avenue, and being more particularly described as follows:
ZONING DESCRIPTION
20.688 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Sections 6 and 7, Township 5, Range 22, Refugee Lands, being part of the original 30.92 acre tract conveyed as First Tract (original Lot No. 7 of William Neil's Heirs Land, of record in Plat Book 3, Page 168) and part of the original 51.93 acre tract conveyed as Second Tract to the City of Columbus by deed of record in Deed Book 700, Page 243, (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, 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 820.06 feet, with the centerline of said Third Avenue, to a point;
Thence South 11° 25' 11" East, a distance of 253.13 feet, partly across the right-of-way of said Third Avenue and with a line common to said original 30.92 acre tract and the 1.45 acre tract conveyed to The Chesapeake and Ohio Railway Company, nka CSX Transportation Inc., by deed of record in Deed Book 924, Page 338, to a point;
Thence South 11° 25' 16" East, a distance of 153.39 feet, with a line common to said original 30.92 and 1.45 acre tracts, to the TRUE POINT OF BEGINNING;
Thence across said original 30.92 acre tract, the following courses and distances:
South 86° 52' 56" East, a distance of 236.97 feet, to a point;
South 04° 46' 15" West, a distance of 226.14 feet, to a point;
South 86° 52' 56" East, a distance of 385.17 feet, to a point in the westerly right-of-way of said Olentangy River Road;
Thence with said westerly right-of-way of Olentangy River Road, the following courses and distances:
South 06° 02' 06" West, a distance of 184.52 feet, to a point;
South 00° 22' 10" East, a distance of 423.58 feet, to a point;
South 08° 26' 47" East, a distance of 274.91 feet, to a point;
South 06° 32' 14" East, a distance of 150.09 feet, to a point;
South 08° 26' 47" East, a distance of 181.67 feet, to a point;
South 06° 11' 12" East, a distance of 309.62 feet, to a point;
South 02° 07' 17" West, a distance of 322.23 feet, to a point;
South 05° 47' 24" West, a distance of 368.78 feet, to a point;
South 00° 04' 41" West, a distance of 166.85 feet, to a point;
South 03° 24' 24" West, a distance of 117.07 feet, to a point in the westerly limited access right-of-way of State Route 315;
Thence South 78° 43' 14" West, a distance of 90.09 feet, with said westerly limited access right-of-way line, to a point in the line common to said original 51.93 and 3.41 acre tracts;
Thence North 11° 25' 16" West, a distance of 2820.92 feet, with the westerly lines of said original 51.93 and original 30.92 acre tracts, and the easterly lines of said 3.41 and 1.45 acre tracts, to the TRUE POINT OF BEGINNING, containing 20.688 acres, more or less, and being 7.735 acres out of said original 30.92 acre tract and Section 6, and 12.953 acres out of said original 51.93 acre tract and Section 7.
This description is for zoning purposes only, and is not to be used for deed 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, "GOWDY PARCEL SITE," dated September 26, 2005, and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," dated November 7, 2005, both signed by Laura MacGregor Comek, Attorney for the Applicant, dated September 26, 2005, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
739 West Third Avenue, Columbus, Ohio 43212
20.688+ Acres
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 739 West Third Avenue
OWNER: City of Columbus, Attn: Ed Reese, 109 N. Front Street, Columbus, Ohio, 43215.
APPLICANT: Gowdy Partners, 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: September 26 November 7, 2005
APPLICATION NUMBER: Z05-046
1. INTRODUCTION:
The subject property ("Site") is located along Olentangy River Road south of Third Avenue. The Site is set back from Olentangy River Road by a significant right-of-way area, which shall remain.
The Site, also know as Gowdy Field, was previously used by the City of Columbus as a park, and subsequently as a landfill. Development of the Site will involve a remediation and redevelopment of the former landfill.
The Applicant is proposing to develop the Site as an office location. It is contemplated that the office building(s) will have on-site cafeteria facilities for employees, which may include a fast food or third-party provider(s). This text permits that use, and specifically contemplates that the food service would take place within the office building itself.
It is also possible that there would be smaller on-site retail stores, accessory to the main office use. The retail area(s) would likewise be housed within the office buildings, and are intended to serve as an extension of the main office/business. This text permits that use.
It should be noted, the Site sits immediately adjacent to the Columbus Police Department's heliport. It is contemplated that the Columbus Police Department may continue to use a portion of the Site prior to full build-out. For that reason, this Text specifically permits the heliport use.
This text and the attached Site Plan are being submitted to address the contemplated uses, stated above, 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) shall be permitted, except the following prohibited uses:
Appliance Maintenance and Repair; Armored Car, Investigation Guard and Security Services; Astrology, Fortune telling and Palm Reading; Barber and Cosmetology Educational Training Facility; Building Material and Supplies Dealers (No outside yards or storage); Butcher Shops, Fish, Meat, and Seafood Markets (Unlimited size); Camera, Photo finishing and Photographic Supplies Stores; Clothing and Clothing Accessories Stores; Compact Disc, Music, Record and Video Stores (Includes rental); Crematory; Dry cleaning and Laundry Services; Fabric, Needlework, Quilting, Sewing and Piece Goods Stores; Food and Beverage Stores; Footwear and Repair; Formal Wear and Costume Rental and Sales; Funeral Homes and Services; Game, Hobby and Toy Stores; Hardware Stores; Jewelry Stores; Locksmiths; Luggage and Leather Goods Sales and Repair; Musical Instrument and Supplies Stores; Pet Day Care, Grooming, Pets and Supplies (No outside runs or boarding); Shoe Stores; Tobacconist; Window Treatment Stores.
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) All uses shall be fully located within the contemplated office building(s). No free-standing retail buildings/out-lots shall be permitted.
f) Office, educational, and institutional uses shall be permitted without limitation as to square footage. The accessory non-office, non-educational, or non-institutional C-4 and C-3 uses shall be limited, on a per-building basis, to the greater of 6,000 sq. ft. or 10% of that building's total square footage. This size limitation is intended to apply separately to each office building.
g) Exercise and Health facility uses (including those owned or operated by third parties) are specifically permitted, so long as they are accessory to the main uses identified herein, and are not otherwise open to the public.
h) Electronic transformers and emergency generators (whether located in the office building or free-standing structures/buildings) are expressly permitted.
3. DEVELOPMENT STANDARDS: Except as specified herein, 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 10 feet, as depicted on the attached Site Plan.
2. Lot coverage for all buildings and pavement shall not exceed 85%.
3. 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.
2. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be via Olentangy River Road.
3. Driveways, access points, parking spaces, maneuvering, 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 access, parking, and circulation.
4. The minimum parking requirement for the development shall be calculated using a ratio of one parking space per 300 building square feet.
5. If the Developer wishes to provide parking spaces other than as required by this text, then the Developer shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the Transportation Division. A shared parking analysis approved by the Transportation Division may be submitted to the Director of Development, or his/her designee, who may grant an administrative variance for the number of parking spaces required.
6. No parking shall be located directly in front of the building(s) (i.e., directly in front as between the building(s) and Olentangy River Road). Parking may, however, be located to the sides and rear of building(s).
7. The Developer hereby agrees to the following commitments relating to traffic improvements and traffic assessments for the development:
a). The Developer shall install a 243-foot northbound left turn lane at the North Drive;
b). The Developer shall have a sight distance study conducted to determine if movements should be restricted at the unsignalized North Drive and/or restrict any movements based on the study's results. The study shall be submitted and reviewed by the Transportation Division;
c). The Developer shall install a 518-foot northbound left turn lane at the South Drive;
d). The developer shall install a traffic signal at the intersection of the South Drive and Olentangy River Road when/if warranted.
e). The Developer will continue to work with the City Transportation Division on any remaining issues relating to the intersection of Goodale Street and Olentangy River Road/Twin Rivers Drive, as relates to improvements and or financing of improvements.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All parking areas adjacent to Olentangy River Road 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 inches; Ornamental - 1 ½ inches; Evergreen - 5 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.
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. All lighting shall be positioned as to not be directed toward the City-owned property north of the Site.
7. Dumpsters shall be screened from view on all four (4) sides to a height of six (6) feet.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-3, Commercial District. Any variance to the applicable requirements of the C-3 district shall be submitted to the Columbus Graphics Commission.
1. Except as set forth below, all graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-3, Commercial District, based on a ten (10)-foot building setback. Any other variances to these provisions and applicable requirements of the C-3 District shall be submitted to the Columbus Graphics Commission.
a). The maximum ground sign height and ground sign total square footage for the development shall be 33% less than the height and square footage that is allowed by the Columbus City Code as it applies to the C-3, Commercial District standards, based on a ten (10)-foot building setback.
G. Miscellaneous Commitments.
1. The subject Site shall be developed in general accordance with the attached 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 adjustment to the plan is subject to the 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 Applicant shall construct a walking/bike path along the Olentangy River Road frontage (whether within setback or established right-of-way).
3. The Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests limited only to site development standards, including any and all specific site development standards included herein and depicted on the site plan.
H. CPD Requirements.
1. Natural Environment.
The Site is a former City of Columbus land fill. It is currently vacant with a variety of trees, and other vegetation. The project requires remediation of the Site, which will significantly improve the quality of the natural environment.
2. Existing Land Use.
Currently the Site is vacant.
3. Transportation and Circulation.
The Site will be accessed from Olentangy River Road, 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: Vacant - former Big Bear Warehouse
North: Owned by City of Columbus, used as Heliport
East: Olentangy River Road and State Route 315
South: A mix of commercial and manufacturing uses in both Columbus and Grandview
5. View and Visibility.
Significant consideration has been given to visibility and safety issues.
6. Proposed Development.
The Proposed Development will clean up and rehabilitate the former landfill site.
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. The site was a former landfill and the site will have numerous methane gas vents. Current plans call for the final extraction vents to be integrated into the light poles to disguise vent pipes.
I. Variances Requested.
1. The Applicant requests a variance to CCC §3342.28 regarding the total number of required parking, to be calculated as a minimum one space per 300 building square feet for all permitted uses. The small accessory uses contemplated may require additional parking spaces, even though the same people will already be parked there for the primary office use. The Applicant's proposal seeks to meet/exceed the primary office use parking, and vary slightly the other potential uses' parking requirements.
2. The Applicant requests a variance to CCC §3356.11 and §3377.14(A) to reduce the building and sign setback lines from 60 feet to 10 feet and from 15 feet to 10 feet, respectively.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.