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File #: 2549-2012    Version:
Type: Ordinance Status: Passed
File created: 11/12/2012 In control: Zoning Committee
On agenda: 12/3/2012 Final action: 12/5/2012
Title: To rezone 68 LAZELLE ROAD (43235), being 11.2± acres located on the north side of Lazelle Road, 780± feet east of North High Street, and on the east side of North High Street, 995± feet north of Lazelle Road, From: R, Rural District, To: L-C-4, Limited Commercial, and L-ARLD, Limited Apartment Residential Districts (Rezoning # Z12-002).
Attachments: 1. ORD2549-2012Attachments, 2. Notice Of Public Hearing - Council Mtg20121203
Explanation
Rezoning Application Z12-002
APPLICANT:  Metro Development, LLC; c/o Jill S. Tangeman, Attorney; 52 East Gay Street; Columbus, OH 43215.      
 
PROPOSED USE:  Limited commercial and multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on October 11, 2012.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-C-4, Limited Commercial District will allow limited commercial development, and the L-ARLD, Limited Apartment Residential District will allow a 140-unit apartment complex. The plans and limitation text include development standards in consideration of the adjacent single-unit residential development and preservation of natural features.  The commercial component of this request is consistent with The Far North Plan (1994) recommendation for commercial and light industrial development.  Although residential land use is not recommended by the Plan, a deviation from this recommendation is warranted due to the established development trend of the North High Street Corridor and the adjacent single-unit uses to the north.   Furthermore, residential development demonstrates a greater capacity to preserve natural features on the site than would have been possible with typical commercial development.
Title
To rezone 68 LAZELLE ROAD (43235), being 11.2± acres located on the north side of Lazelle Road, 780± feet east of North High Street, and on the east side of North High Street, 995± feet north of Lazelle Road, From:  R, Rural District, To:  L-C-4, Limited Commercial, and L-ARLD, Limited Apartment Residential Districts (Rezoning # Z12-002).
 
Body
WHEREAS, application #Z12-002 is on file with the Department of Building and Zoning Service requesting rezoning of 11.2± acres from R, RuralDistrict, to L-C-4, Limited Commercial, and L-ARLD, Limited Apartment Residential Districts; and
WHEREAS, the Columbus Public Health Healthy Places program recognizes that the development has included five-foot wide sidewalks and pedestrian connectivity throughout the development; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the plans and limitation text include development standards in consideration of the adjacent single-unit residential development, and preservation of natural features.  The commercial component of this request is consistent with The Far North Plan (1994) recommendation for commercial and light industrial development.  Although residential land use is not recommended by the Plan, a deviation from this recommendation is warranted due to the established development trend of the North High Street Corridor and the adjacent single-unit uses to the north.   Furthermore, residential development demonstrates a greater capacity to preserve natural features on the site than would have been possible with typical commercial development, 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:
68 LAZELLE ROAD (43235), being 11.2± acres located on the north side of Lazelle Road, 780± feet east of North High Street, and on the east side of North High Street, 995± feet north of Lazelle Road, and being more particularly described as follows:
SUBAREA A
2.00 Acre Rezoning Description
Situated in the Township of Orange, County of Delaware, in the State of Ohio, Quarter Township 3, Township 3, Range 18, United States Military District.
Being part of the 4 acre tract in the name of Dane Thomas Doremus, III, Robert Daniel Doremus & Derk Allen Sargent, Jr.,  Deed Book 1013, Pg. 1165, Recorder's Office, Delaware County, Ohio and described as follows:
Commencing at the northeast corner of said 4 acre tract, being the northwest corner of the 6.815 acre tract in the name of The Chakroff Family Limited Partnership.
Thence, N 87° 56' 00" W with the north line of said 4 acre tract for a distance of 435.85 feet to the point of beginning;
Thence across said 4 acre tract, the following courses;
S 02° 04' 00" W, 178.62 feet to the south line of said 4 acre tract;
Thence with the said south line, the following courses;
N 87° 52' 46" W, 480.08 feet;
Thence across said 4 acre tract;
N 03° 14' 59" W, 178.94 feet to the north line of said 4 acre tract;
Thence with said north line, the following courses;
S 87° 56' 00" E, 496.66 feet to the Point of Beginning, and containing 2.00 acres, more or less.
The above description was prepared by Advanced Civil Design, Inc. for rezoning purposes and is not for transfer.
 
To Rezone From: R, Rural District,
To: L-C-4, Limited Commercial District
 
SUBAREA B
9.20 Acre Rezoning Description
Situated in the Township of Orange, County of Delaware, in the State of Ohio, Quarter Township 3, Township 3, Range 18, United States Military District.
Being part of The Chakroff Family Limited Partnership, Deed Book 647, Pg. 468, and part of the 4 acre tract in the name of Dane Thomas Doremus, III, Robert Daniel Doremus and Derk Allen Sargent, Jr., Recorder's Office, Delaware County, Ohio and described as follows:
Commencing at the northeast corner of said 4 acre tract, the same being the northwest corner of said 6.815 acre tract, being the Point of Beginning.
Thence along the north boundary of the 6.815 acre parcel, the following courses;
S 88° 29' 41" E, 298.80 feet to the northeast corner of said 6.815 acre tract;
Thence along the east boundary of the 6.815 acre parcel, the following courses;
S 07° 40' 58" W, 1175.72 feet;
Thence across said 6.815 acre tract, the following courses;
N 87° 26' 07" W, 256.29 feet to the west line of said 6.815 acre tract;
Thence along the west boundary of the 6.815 acre parcel, the following courses;
N 05° 37' 49" E, 987.82 feet to the southeast corner of said 4 acre tract;
Thence along the south boundary of said 4 acre tract, the following courses;
N 87° 52' 46" W, 424.70 feet;
Thence across said 4 acre tract, the following courses;
N 02° 04' 00" E, 178.62 feet to the north line of said 4 acre tract;
Thence along the north boundary of said 4 acre tract, the following courses;
S 87° 56' 00" E, 435.85.90 feet to the Point of Beginning, and containing 9.2 acres, more or less.
The above description was prepared by Advanced Civil Design, Inc. for rezoning purposes and is not for transfer.
To Rezone From: R, Rural District,
To: L-ARLD, Limited Apartment Residential District
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial, and L-ARLD, Limited Apartment Residential Districts on this property.
SECTION 3.  That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved L-C-4, Limited Commercial, and L-ARLD, Limited Apartment Residential Districts and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plans being titled, " SITE PLAN," and "ARCHITECTURAL CHARACTER," and text titled, "LIMITATION OVERLAY TEXT," all signed by Jill S. Tangeman, Attorney for the Applicant, dated October 29, 2012, and the text reading as follows:
 Limitation Overlay Text
Proposed District:  L-C-4 and L-ARLD
Property Address:  68 Lazelle Road, Columbus, Ohio 43235
Owners:  The Chakroff Family LP and Dane Doremus III, Robert Doremus, Derek Sargent Jr.      
Applicant:  Metro Development LLC
Date of Text:  October 29, 2012
Application No:  Z12-002
I. Introduction:  The subject site was recently annexed to the City of Columbus from Orange Township.  The applicant is proposing that approximately 2.0 +/- acres be rezoned to L-C-4 for limited commercial uses and the balance of the site be rezoned to L-ARLD for multi-family uses.  The subject site is in Subarea E-1 in the Far North area plan. The site is ideal for a multi-family project with increased density, due to the fact that the site's frontage is on High Street among regional scale commercial uses but the rear of the site abuts a single family development.  The topography and configuration of the site will not allow for commercial development other than along the High Street frontage. Necessary infrastructure, support services, leisure activities and working environments are all in the immediate proximity.  
 
SUBAREA A - L-C-4
1. Introduction:  The applicant seeks to rezone approximate 2.0+/-acres (labeled as Subarea A on the attached Site Plan) for commercial uses.
2. Permitted 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. 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.
3. Animal Shelter
4. Motorcycle, boat and other motor vehicle dealers
5. Recreational vehicle dealers
6. Bar/ Cabaret/ Nightclubs
7. Video Sales
8.  Amusement Arcade
9. Astrology, Fortune Telling and Palm Reading
10. Blood / Organ Bank
11. Bowling Centers
12. Coin operated laundry (does not prohibit such facilities which are part of a hotel/motel use)
13. Drive-in Motion Picture Theaters
14. Free standing parking lots and parking garages
15. Community Food Pantry
16. Halfway House
17. Missions / Temporary Shelters
18. Pawn Brokers
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. No building setback shall be required from any property line that is created within and internal to the total site and the parcel created continues to function as part of the overall site.
 
2. No parking or maneuvering setback shall be required from any property line that is created within and internal to the total site and the parcel created continues to function as part of the overall site.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. A pedestrian walkway shall be provided to the east of the subject site to connect the residential development to the east.  Walkways and public sidewalks shall be a minimum of 5 feet in width.
2. The proposed access point to US 23 shall be limited to right-in/right-out turning movements and the location and configuration of this access point shall conform to the specifications of the Ohio Department of Transportation.
3. A northbound right turn lane with a length of 225 feet (includes diverging taper) shall be provided at the proposed right-in/right-out access point to US 23 and these roadway improvements shall conform to the specifications of the Ohio Department of Transportation.  The design of the existing right turn lane serving the existing access point immediately to the north may need to be modified by the developer.  If the construction of the northbound right turn lane to serve the proposed right-in/right-out access point will require additional right-of-way, such right-of-way will need to be donated and/or purchased by the developer.
4. The developer shall be responsible for the installation of signage assemblies at the proposed access point on Lazelle Rd. and at the intersection of Lazelle Rd. & Lazelle Rd. East to direct vehicles intending to travel southbound on US 23 (N. High St.) to utilize Lazelle Rd. East when exiting the proposed access point on Lazelle Rd.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The frontage along High Street shall be landscaped with 3 ornamental trees and 2 shade trees per 100' of frontage.  Trees can be grouped and will be planted on a 2-4' height mound.  Entry access point shall have shrubs and seasonal plantings.  
 
2. Where freestanding walls are used for screening, they shall be integrated into the building design and/or landscaping plan.
3. All open areas on each developed parcel not occupied by buildings, structures, outside display areas, parking areas, street right-of-way paved areas, driveways, walkways and off-street loading areas shall be landscaped 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. Buildings will be built of one of any combination of the following: brick, stone, synthetic stone, wood, engineered wood siding, vinyl, metal and glass.  All buildings will have at least 20% brick or stone incorporated into the architecture, unless the building is primarily constructed of glass, in which case no brick or stone shall be required.  
 
2. Blank facades on buildings are prohibited.  Therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Parking lot lighting shall be no higher than fourteen (14) feet.
2.  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.
1. All signage and graphics shall conform to Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial zoning district.  Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
SUBAREA B - L-ARLD
1. Introduction:  The applicant seeks to rezone approximate 9.2+/-acres (labeled as Subarea B on the attached Site Plan) for a multi-family residential development.
2. Permitted Uses:  Multi-family and accessory uses such as pool, community center, and clubhouse as shown on the "Site Plan".
3. Development Standards:
A. Density, Lot, and/or Setback Commitments.
1.  Maximum building height shall be 35'.
2.  Maximum number of units shall be 140.
3.  There shall be a five (5) foot parking setback along Lazelle Road, a five (5) foot perimeter yard setback on the west and south property lines, and a ten (10) foot perimeter yard setback on the east property line.  A council variance application (CV12-005) has been filed along with the rezoning application for the reduced setbacks.  No encroachment shall be permitted.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1.  All curb cuts and access points shall be subject to the review and approval of the Public Service Department of the City of Columbus.
 
2.  A pedestrian walkway shall be provided through the site to connect the residential units to the clubhouse. Walkways and public sidewalks shall be a minimum of 5 feet in width.
3.  The developer shall be responsible for the installation of signage assemblies at the proposed access point on Lazelle Rd. and at the intersection of Lazelle Rd. & Lazelle Rd. East to direct vehicles intending to travel southbound on US 23 (N. High St.) to utilize Lazelle Rd. East when exiting the proposed access point on Lazelle Rd.
4.  The owner and/or developer shall establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas.  There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as the owner and/or developer determines, so long as at least one such agreement will always, at all times be in force for the purposes of enforcements/removal towing as required above.  Towing agreements will be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract. The owner and/or developer will designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions.
 
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1.  The north property line that abuts the Village at Olentangy Meadows subdivision shall be landscaped with a three-foot high mound, a six-foot high fence and a mixture of shade trees and evergreen trees 20 feet on center.
2.  A landscape buffer consisting of a fence three-foot high mound planted with a combination of 4 fir trees (7' in height) and 1 shade tree (2.5'' caliper) for every 100'shall be installed along the east and south property lines as identified on the site plan.
3.  A landscape buffer consisting of a three-foot high mound and a mixture of shade trees and evergreen trees 20 feet on center shall be installed on the west property line adjacent to the existing single family home as shown on the site plan.
 
D. Building Design and/or Interior-Exterior Commitments.
1.  Buildings will be constructed in accordance with the "Architectural Character" plan attached hereto.  Buildings will be constructed with an exterior mixture of brick or stone veneer, wood or cement wood siding and beaded vinyl siding. Buildings shall be finished with the same level and quality of finish on all four sides.  Blank facades on buildings are prohibited.  Therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.  No patios or balconies shall be permitted on the east side of Building #3 as labeled on the site plan.
2.  Maximum height of light poles shall be fourteen feet.
E. Graphics and/or Signage Commitments.
1.  All graphics and signage shall comply with Article 15, Chapter 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
F. Miscellaneous.
1.  The proposed shall be developed in general conformance with the submitted "Site Plan".  The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed.  Streets are schematic and subject to change.  Any adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his/her designee upon submission of the appropriate data regarding the proposed adjustment.
2.  The developer shall comply with the park land dedication ordinance by contributing money to the City's Recreation and Parks Department.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.