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File #: 0424-2015    Version:
Type: Ordinance Status: Passed
File created: 2/3/2015 In control: Zoning Committee
On agenda: 2/23/2015 Final action: 2/25/2015
Title: To amend Ordinance #2516-92 (Z92-058), passed December 7, 1992, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the L-C-4 text in Subarea 2 to remove a maximum height restriction of 28 feet for parking lot lighting for property located at 3888 MORSE ROAD (43219) and to declare an emergency (Rezoning Amendment #Z92-058A).
Attachments: 1. ORD0424-2015_Development Text, 2. ORD0424-2015Attachments
Explanation
Rezoning Application Z92-058A
Ordinance #2516-92 (Z92-058), passed December 7, 1992, rezoned 127.06+ acres from the R, Rural, R-2, Residential and L-C-4, Limited Commercial Districts, to the L-R, Limited Rural, L-C-3, Limited Commercial, L-C-4, Limited Commercial, L-AR-12, Limited Apartment Residential, L-ARLD, Limited Apartment Residential and CPD, Commercial Planned Development Districts. That legislation permits commercial and residential development having specific development standards in accordance with a registered subarea plan and development text that addressed permitted uses, access, setbacks, and other customary design commitments.This legislation will amend Ordinance #2516-92 (Z92-058), passed December 7, 1992, by repealing the development text in Section 3 and replacing it with a new development text thereby modifying the L-C-4 text for Subarea 2 to remove a maximum height restriction of 28 feet for parking lot lighting. While Section 3321.03 of the Columbus City Code still limits the maximum height for parking lot lighting to 28 feet, this amendment will allow the applicant to request a variance from the Board of Zoning Adjustment to permit the installation of light poles greater than 28 feet in height.  The Building and Zoning Services Staff approves of the amendment.  No other provisions of the ordinance are being changed.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  
 
Title
To amend Ordinance #2516-92 (Z92-058), passed December 7, 1992, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the L-C-4 text in Subarea 2 to remove a maximum height restriction of 28 feet for parking lot lighting for property located at 3888 MORSE ROAD (43219) and to declare an emergency (Rezoning Amendment #Z92-058A).  
  
Body
WHEREAS, Ordinance #2516-92 (Z92-058), passed December 7, 1992, rezoned 127.06+ acres located at 3888 MORSE ROAD (43219) from the R, Rural, R-2, Residential and L-C-4, Limited Commercial Districts, to the L-R, Limited Rural, L-C-3, Limited Commercial, L-C-4, Limited Commercial, L-AR-12, Limited Apartment Residential, L-ARLD, Limited Apartment Residential and CPD, Commercial Planned Development Districts; and
 
WHEREAS, it is necessary to modify the L-C-4 text of Ordinance #2516-92 (Z92-058), passed December 7, 1992 to remove the maximum height restriction of 28 feet for parking lot lighting in Subarea 2; and
 
WHEREAS, Section 3321.03 of the Columbus City Code still limits the maximum height for parking lot lighting to 28 feet, and this amendment will allow the applicant to request a variance from the Board of Zoning Adjustment to permit the installation of light poles greater than 28 feet in height; and
 
WHEREAS, all other aspects of the development text contained in Ordinance #2516-92 are unaffected by this amendment and remain in effect; 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; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1.  That existing Section 3 of Ordinance #2516-92 (Z92-058), passed December 7, 1992, be hereby repealed and replaced by a new Section 3 and reading as follows:
 
      SECTION 3.That the Regulation Administrator of the Development Regulation Division Director of the Department of Building and Zoning Services be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Development Regulation Division and shall register a copy of the approved CPD, Commercial Planned Development District and the L-R, Limited-Rural, L-C-3, Limited-Commercial, L-C-4, Limited Commercial, L-AR-12, Limited-Apartment Residential and L-ARLD, Limited-Apartment Residential Districts and Application among the records of the Development Department of Building and Zoning Services as required by Section 3311.12 and Section 3370.03 of the Columbus City Codes; said plans being titled: "EXHIBIT A - SUBAREA PLAN," "EXHIBIT B - BUFFER PLAN," and ''EXHIBIT C - SUBAREA 6C PLANTING PLAN," each signed by Jeffrey L. Brown, Attorney for the applicant, and dated November 30, 1992, and text titled, "SUBAREA DEVELOPMENT STANDARDS; LIMITED NORTH OF MORSE," signed by Thomas M. Tepe, Jr., Attorney for the applicant, dated February 3, 2015, and reading as follows:
 
See Attachment ORD0424-2015_Development Text
 
SECTION 2.  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.