Explanation
Rezoning Application Z06-041
APPLICANT: New Albany Company, LLC; c/o John P. Kennedy, Attorney; Kennedy Partners, LLC; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on July 13, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-C-4, Limited Commercial District would allow commercial development in keeping with the adjacent properties which are all zoned L-C-4. The limitation text establishes use restrictions and development standards consistent with the zoning and development patterns of the area.
Title
To rezone 5038 EAST DUBLIN-GRANVILLE ROAD (43081), being 3.03± acres located on the north side of East Dublin-Granville Road, 1060± feet west of North Hamilton Road, From: R, Rural District, To: L-C-4, Limited Commercial District. (Rezoning # Z06-041)
Body
WHEREAS, application #Z06-041 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.03± 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, the City Departments recommend approval of said zoning change because the limitation text establishes use restrictions and development standards consistent with the zoning and development patterns of the area. The requested L-C-4, Limited Commercial District would allow commercial development in keeping with the adjacent properties which are all zoned L-C-4 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:
5038 EAST DUBLIN-GRANVILLE ROAD (43081), being 3.03± acres located on the north side of Dublin-Granville Road, 1060± feet west of Hamilton Road, and being more particularly described as follows:
ZONING DESCRIPTION
3.031 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 2, Range 16, United States Military Lands, being all of the 3.031 acre tract conveyed to The New Albany Company, LLC by deed of record in Instrument Number 200505260101319, (all references are to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING in the centerline of Dublin Granville Road, at the southwesterly corner of said 3.031 acre tract;
Thence with the perimeter of said 3.031 acre tract, the following courses and distances:
North 03° 16' 33" East, a distance of 448.60 feet, to a point;
South 87° 31' 01" East, a distance of 293.62 feet, to a point;
South 03° 16' 33" West, a distance of 450.70 feet, to a point in the centerline of said Dublin Granville Road;
Thence North 87° 06' 26" West, a distance of 293.60 feet, with said centerline, to the POINT OF BEGINNING, containing 3.031 acres of land, more or less.
This description was prepared for zoning purposes only, and is not to be used for deed transfer.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
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 TEXT," signed by John P. Kennedy, attorney for the Applicant, and dated June 21, 2006, and the text reading as follows:
Limitation Text
3.031+ Acres
Application Number: Z06-041
Existing District: R, Rural (upon annexation AN05-014)
Proposed District: L-C-4, Limited Commercial District
Property Address: 5038 Dublin-Granville Road
Owner/Applicant: New Albany Company, LLC, c/o KENNEDY PARTNERS, LLC, John P. Kennedy, Esq., 500 S. Front Street, Suite 1200, Columbus, Ohio 43215.
Date of Text: June 21, 2006
INTRODUCTION: The subject property ("Site") consists of 3.031+ acres on Dublin-Granville Road, between the Hamilton Road split and south of the State Route 161 Bypass. The Site was annexed into the City of Columbus from Plain Township, as accepted by Columbus in Ordinance No. 0069-2006 (AN05-014).
The Site is bounded on the west, north and east by 52.4+ acres zoned L-C-4. That surrounding property was the subject of a rezoning amendment in 2005 (Z90-166C.; Ordinance No. 1327-2005), to address certain development standard commitments for the proposed regional-scale commercial development referred to as Hamilton Market ("Hamilton Market Development"). The property which is the subject of this Application is located within the out parcel area of the Hamilton Market Development, but was excluded from the prior application pending its annexation into the City of Columbus. Applicant now seeks to rezone the remaining 3.031 acres with like development standards and commitments for inclusion in the Hamilton Market commercial development. The property lies within the boundaries of the Northland Community Council.
1. PERMITTED USES:
Except as specifically prohibited in Section 2, below, all uses of the C-4 Commercial District (C.C.C. §3356.03), shall be permitted.
2. PROHIBITED USES:
The following uses shall be prohibited for the 3.031+ acre tract which is the subject of this rezoning: Amusement arcade; Animal shelter; Automobile driver training facilities; Automotive maintenance and repair; Building material and supplies dealers; Cabarets and nightclubs; Check cashing and loans; Drive-in motion picture theaters; Farm equipment and supply store; Halfway house; Light truck dealers; Limousine and taxi service; Missions/temporary shelters; Motorcycle and boat dealers; Outdoor power equipment stores; Pawn brokers; Recreational vehicle dealers; Truck, utility trailer, and RV sales, rental, and leasing.
3. DEVELOPMENT STANDARDS
Unless otherwise indicated herein, the applicable development standards shall be those standards contained in Chapter 3356 (C-4) of the Columbus City Code.
To the extent the 3.031-acre Site will be split between Out Lots 1 and 2 as proposed on the overall Hamilton Market development plan, the standards set forth herein shall be applied in a manner so as to permit development of each out lot separately, rather than within the confines of the parcel boundaries of the property being rezoned herein.
A. Density, Height, Lot and/or Setback Commitments.
1. Density: The permitted maximum site density shall not exceed the ratio of 12,000 gross square feet of building per net acre of site.
1. Building Setbacks: The minimum building setback from Dublin-Granville Road shall be fifty (50) feet from the property line.
2. Parking and Maneuvering Setback: The minimum parking and maneuvering setback from Dublin-Granville Road shall be twenty-five (25) feet from the property line.
3. Lot coverage shall not exceed eighty (80%) percent.
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. Dublin-Granville Road (State Route 161) shall contain a right-of-way of a minimum eighty (80) feet.
3. Curb cuts shall be subject to approval by the City of Columbus Transportation Division. Full service curb cuts shall have a minimum 900-foot spacing, and restricted curb cuts shall have a minimum 300-foot spacing for the Hamilton Market Development. Access to and from the Site is proposed in the form of a right-in / right-out curb cut. An internal roadway is also contemplated for the development which will traverse the subject parcel as shown on the submitted conceptual site plan.
4. All loading docks shall be fully screened on all sides from any adjacent roadway, building, or parking lot to achieve 90% opacity at a minimum height of six (6) feet from finished grade. Such screening shall be achieved by an evergreen hedge, earthen mounding, walls, or a combination thereof.
C. Buffering, Landscaping, Open space and/or Screening Commitments.
1. Tree plantings shall be required within site parking or service areas. The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2 inches caliper per tree) to total site coverage by buildings and pavement.
a). 0 to 20,000 square feet: 6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
b). 20,001 to 100,000 square feet: 10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,001 square feet.
c). Over 100,000 square feet: 20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
d). At least 50% of required tree planting shall be integrated within parking or service areas. Existing trees of 3 inches caliper or greater may offset 2/3 of this requirement. Maximum possible green space shall be provided to minimize extensive unbroken hard surface areas.
3. Landscape islands are required within parking lots and shall be provided at a rate of 5 square feet of landscaped area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
4. The landscaping required in items 1, 2, and 3 may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus City Code.
5. Minimum tree size shall be no less than 2 1/2 inches caliper for street and/or shade trees, 5 feet in height for evergreen trees and 1 1/2 inch caliper for ornamental trees. Tree Caliper is measured six (6) inches from the ground.
6. If landscaping is used to screen service areas, 90% opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than seven feet in height.
7. All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first.
8. Headlight screening shall be provided for all parking areas fronting Dublin-Granville Road, at a minimum height of 30 inches above the grade of the subject parking area. Such screening shall be achieved by an evergreen hedge, earthen mounding, walls, or a combination thereof.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. All buildings shall be finished utilizing the same materials on all sides of the exterior.
2. Building exteriors may be constructed of any of the following materials: brick, real or synthetic stone, real or synthetic stucco, glass, textured concrete, or any combination of these materials.
3. A maximum of three building material types shall be utilized for the exterior of any building. Minor accenting of structures through the use of a fourth building material shall be permitted. At least 30% of each structure located on an outlot developed in conjunction with or as part of a single identified shopping center shall be constructed of materials common to other such outlot structures. This will achieve overall architectural uniformity.
4. Blank facades on rear of buildings shall not be permitted, therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required. Such articulation shall be evenly spaced along the building elevation at a distance no greater than twenty (20) feet.
5. Rooftop mechanical equipment shall be screened from view by the same material used on the building roof or exterior, and shall be of the same or similar color. Ground-level mechanicals and equipment shall be fully screened from view by a wall, fence or landscape materials, or a combination thereof. Such screening shall match or complement the character of the building.
6. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to illuminate the exterior of the building.
7. Building-mounted lighting shall be designed so that no off-site light spillage occurs.
8. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure except for shopping cart corrals.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Dumpsters shall be screened from view by structures and/or landscaping to a minimum height of 6 feet. Deposited refuse should not be visible from outside the refuse enclosure, which shall be screened on all four (4) sides.
2. 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.
3. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
4. Light poles in the parking lot areas shall not exceed twenty-eight (28) feet in height. All light poles and standards shall be dark brown, bronze, or black.
5. Landscaping at entries to parking lots and buildings may be uplighted by ground-mounted concealed fixtures.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
2. Ground-supported signage for out parcels shall not exceed six (6) feet in height and fifty (50) square feet in sign area unless otherwise approved by the City of Columbus Graphics Commission through a variance or graphics plan request.
3. Signage for out parcels fronting Dublin-Granville Road shall be located a minimum fifteen (15) feet from the right-of-way line.
4. Directional entry and exit signs which shall be ground type only and limited to four (4) square feet in area per face shall be permitted for each out parcel at their respective access point(s). Such signs shall be located a minimum five (5) feet from the street right-of-way. Identification logo or name shall not be displayed on directional signage.
G. Miscellaneous.
1. Applicant shall provide a monetary contribution to the City of Columbus pursuant to the Parkland Dedication requirements of C.C.C. §3318.13, calculated at $400.00 per acre or fraction thereof. Payment shall be made prior to zoning clearance approval.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.