Explanation
Rezoning Application Z13-055
APPLICANT: Lifestyle Communities, Ltd.; c/o Michael T. Shannon, Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Mixed commercial and residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on January 9, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The undeveloped site is zoned CPD, Commercial Planned Development District, which allows predominantly office development. The requested L-ARLD, Limited Apartment Residential, CPD, Commercial Planned Development, and PUD-8, Planned Unit Development Districts will allow mixed commercial and residential development with up to 30,000 square feet of commercial area and a total of 410 residential units (11.9 units/acre) on private streets with 8.4 acres of provided open space. The site is within the boundaries of the Rocky Fork/Blacklick Accord (2003), which recommends "Town Mixed Use" development for this location. The proposal received a recommendation of approval from the RFBA panel on November 21, 2013. The development text and plans provide commitments for use restrictions, maximum number of dwelling units, access, street trees, open space, street lights, sidewalks/paths, setbacks, garage requirements, parking restrictions and signage, landscaping/buffering, and building materials commitments and elevations. Variances for reduced parking spaces, maneuvering, and setbacks are included in the CPD Districts. Because it is anticipated that many of the residents will walk to the proposed commercial development, which will include the clubhouse and recreational facilities, the requested parking variance is supported. The request is consistent with the Rocky Fork/Blacklick Accord with respect to land use recommendations, and achieves more of a mixed-use development than the underlying CPD District. A companion Council Variance (Ordinance No. 0922-2014; CV13-039) is also being requested to allow ground-floor residential uses in the CPD District, and reduced development standards in the L-ARLD District.
Title
To rezone 6106 CENTRAL COLLEGE ROAD (43054), being 34.4± acres located at the northeast and northwest corners of Central College Road and New Albany Road West, From: CPD, Commercial Planned Development District, To: L-ARLD, Limited Apartment Residential, CPD, Commercial Planned Development, and PUD-8, Planned Unit Development Districts and to declare an emergency (Rezoning # Z13-055).
Body
WHEREAS, application #Z13-055 is on file with the Department of Building and Zoning Services requesting rezoning of 34.4± acres from CPD, Commercial Planned Development District, to the L-ARLD, Limited Apartment Residential, CPD, Commercial Planned Development, and PUD-8, Planned Unit Development Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the request, which will allow commercial and residential development with 30,000 square feet of commercial area and a total of 410 residential units, is consistent with the Rocky Fork/Blacklick Accord with respect to land use recommendations, and achieves more of a mixed-use development than the underlying CPD District; 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 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:
6106 CENTRAL COLLEGE ROAD (43054), being 34.4± acres located at the northeast and northwest corners of Central College Road and New Albany Road West, and being more particularly described as follows:
ZONING EXHIBIT
SUBAREA A
16.0 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of that 15.078 acre tract as conveyed to The New Albany Company, LLC by deed of record in Instrument Number 201009300128651 and that 2.201 acre tract conveyed to Central College Hospitality Ltd by deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
BEGINNING at a northeasterly corner of said 2.201 acre tract, a southeasterly corner of New Albany Park Condominium of record in Condominium Plat Book 109, Page 75 being the westerly right-of-way line of New Albany Road West of record in Plat Book 101, Page 37;
thence with said westerly right-of-way line, with the arc of a curve to the right, having a central angle of 12º 34' 59", a radius of 550.00 feet, an arc length of 120.79 feet, a chord bearing of South 11º 35' 12" East and chord distance of 120.55 feet to a point;
thence across said 2.201 and 15.078 acre tracts, the following courses and distances:
North 85º 59' 39" West, a distance of 100.72 feet to a point;
North 04º 00' 21" East, a distance of 18.96 feet to a point;
North 85º 59' 09" West, a distance of 71.43 feet to a point;
South 04º 00' 21" West, a distance of 78.97 feet to a point;
South 85º 59' 39" East, a distance of 25.82 feet to a point;
South 04º 00' 21" West, a distance of 210.50 feet to a point;
North 85º 59' 39" West, a distance of 38.81 feet to a point;
South 04º 00' 21" West, a distance of 85.68 feet to a point;
South 85º 59' 39" East, a distance of 30.00 feet to a point;
North 04º 00' 21" East, a distance of 1.17 feet to a point;
South 85º 59' 39" East, a distance of 60.00 feet to a point;
North 04º 00' 21" East, a distance of 27.06 feet to a point; and
South 85º 59' 39" East, a distance of 102.37 feet to a point in said westerly right-of-way line;
Thence South 04º 00' 21" West, with said westerly right-of-way line, a distance of 200.93 feet to a point of curvature;
thence with said westerly right-of-way line and with the northerly right-of-way line of Central College road, of record in Plat Book 101, Page 37, with the arc of a curve to the right, having a central angle of 90º 00' 00", a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of south 49º 00' 21" West and chord distance of 70.71 feet to a point of tangency;
thence North 85º 59' 39" West, with said northerly right-of-way line, a distance of 1035.35 feet to a point in the westerly line of said 15.078 acre tract;
thence North 03º 37' 59" East, with said westerly line, a distance of 695.02 feet to the northwesterly corner of said 15.078 acre tract:
thence South 85º 59' 39" East, with the northerly line of said 15.078 and 2.201 acre tracts, a distance of 1050.23 feet to the POINT OF BEGINNING containing 16.0 acres, more or less.
This description was prepared from record information and is intended to be used for zoning purposes only.
To Rezone From: CPD, Commercial Planned Development District,
To: L-ARLD, Limited Apartment Residential District.
ZONING EXHIBIT
SUBAREA B
1.3 ACRES
SITUATED IN THE State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United State Military Lands, being part of that 15.078 acre tract as conveyed to The New Albany Company, LLC by deed of record in Instrument Number 201009300128651 and part of that 2.201 acre tract conveyed to Central College Hospitality Ltd by deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at a northeasterly corner of said 2.201 acre tract, a southeasterly corner of New Albany Park condominium of record in Condominium Plat Book 109, Page 75, being the westerly right-of-way line of New Albany Road West of record in Plat Book 101, Page 37
thence with said westerly right-of-way line, with the arc of a curve to the right, having a central angle of 12º 34' 59", a radius of 550.00 feet, an arc length of 120.79 feet, a chord bearing of South 11º 35' 12" East and chord distance of 120.55 feet to the TRUE POINT OF BEGINNING;
thence continuing with said westerly right-of-way line, with the arc of said curve to the right, having a central angle of 09º 18' 03", a radius of 550.00 feet, an arc length of 89.28 feet, a chord bearing of South 00º 38' 41" East and chord distance of 89.18 feet to a point of tangency;
thence South 04º 00' 21" West, continuing with said westerly right-of-way line, a distance of 239.07 feet to a point;
thence across said 2.201 and said 15.078 acre tracts, the following courses and distances;
North 85º 59' 39" West, a distance of 102.37 feet to a point;
South 04º 00' 21" West, a distance of 27.06 feet to a point;
North 85º 59' 39" West, a distance of 60.00 feet to a point;
South 04º 00' 21" West, a distance of 1.17 feet to a point;
North 85º 59' 39" West, a distance of 30.00 feet to a point;
North 04º 00' 21" East, a distance of 85.68 feet to a point;
South 85º 59' 39" East, a distance of 38.81 feet to a point;
North 04º 00' 21" East, a distance of 210.50 feet to a point;
North 85º 59' 39" West, a distance of 25.82 feet to a point;
North 04º 00' 21" East, a distance of 78.97 feet to a point;
South 85º 59' 09" East, a distance of 71.43 feet to a point;
South 04º 00' 21" West, a distance of 18.96 feet to a point;
South 85º 59' 39" East, a distance of 100.72 feet to the TRUE POINT OF BEGINNING containing 1.3 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
ZONING EXHIBIT
SUBAREA C
4.0 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of that 17.166 acre tract as conveyed to Central College Hospitality Ltd. By deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
BEGINNING at a northwesterly corner of said 17.166 acre tract, a southwesterly corner of that 36.212 acre tract as conveyed to Farms at New Albany Park by deed of record in Instrument Number 200804030050911, being the easterly right-of-way line of New Albany Road West, of record in Plat Book 101, Page 37;
thence with the northerly line of said 17.166 acre tract, the southerly line of said 36.212 acre tract, the following courses and distances:
North, 70º 05' 17" East, a distance of 61.54 feet to a point;
South 86º 02' 36" East, a distance of 109.39 feet to a point of curvature;
with the arc of a curve to the left, having a central angle of 29º 00' 56", a radius of 205.00 feet, an arc length of 103.82 feet, a chord bearing of south 71º 29' 48" East and chord distance of 102.71 feet to a point of tangency;
South 86º 00' 14" East, a distance of 73.96 feet to a point of curvature;
with the arc of a curve to the right, having a central angle of 78º 06' 06", a radius of 15.00 feet, an arc length of 20.45 feet, a chord bearing of South 46º 57' 11" East and chord distance of 18.90 feet to a point of tangency; and
with the arc of a curve to the left, having a central angle of 46º 44' 54", a radius of 97.50 feet, an arc length of 79.55 feet, a chord bearing of South 31º 34' 16" East and chord distance of 77.36 feet to a point;
thence South 03º 37' 59" West, across said 17.166 acre tract, a distance of 242.96 feet to a point;
thence South 55º 44' 02" West, continuing across said 17.166 acre tract, a distance of 471.02 feet to a point in the easterly right-of-way line of said New Albany Road West,
thence North 04º 00' 21" East, with said easterly right-of-way line, a distance of 413.33 feet to a point of curvature;
thence continuing with said easterly right-of-way line, with the arc of a curve to the left, having a central angle of 17º 37' 43", a radius of 650.00 feet, an arc length of 199.99 feet, a chord bearing of North 04º 48' 30" West and chord distance of 199.20 feet to the POINT OF BEGINNING containing 4.0 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
ZONING EXHIBIT
SUBAREA D
13.1 ACRES
Situated in the State of Ohio, County of Franklin, city of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of that 17.166 acre tract as conveyed to Central College Hospitality Ltd by deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
BEGINNING at a southeasterly corner of said 17.166 acre tract, a southwesterly corner of Lot 5 of that subdivision entitled "The Business Campus at New Albany" or record in Plat Boo 101, Page 79, being the northerly right-of-way line of Central College Road of record in Plat Book 101, Page 37;
thence North 85º 59' 39" West, with said northerly right-of-way line, a distance of 1066.70 feet to a point of curvature;
thence continuing with said northerly right-of-way line and the easterly right-of-way line of New Albany Road West, of record in Plat Book 101, Page 37, with the arc of a curve to the right, having a central angle of 90º 00' 00", a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of North 40º 59' 39" West and chord distance of 70.71 feet to a point of tangency;
thence North 04º 00' 21" East, with said easterly right-of-way line, a distance of 26.67 feet to a point;
thence North 55º 44' 02" East, across said 17.166 acre tract, a distance of 471.02 feet to a point;
North 03º 37' 59" East, continuing across said 17.166 acre tract, a distance of 242.96 feet to a point in the line common to said 17.166 acre tract and that 36.212 acre tract as conveyed to Farms at New Albany Park by deed of record in Instrument Number 200804030050911;
thence with said common line, the following courses and distances;
with the arc of a curve to the left, having a central angle of 109º 56' 26", a radius of 97.50 feet, an arc length of 187.09 feet, a chord bearing of North 70º 05' 04" East and chord distance of 159.68 feet to a point of tangency;
with the arc of a curve to the right, having a central angle of 79º 04' 04", a radius of 15.00 feet, an arc length of 20.69 feet, a chord bearing of North 54º 29' 44" East and chord distance of 19.08 feet to a point of tangency;
South 86º 00' 14" East, a distance of 69.03 feet to a point of curvature;
with the arc of a curve to the right, having a central angle of 46º 00' 08", a radius of 165.08 feet, an arc length of 132.54 feet, a chord bearing of South 63º 00' 05" East and chord distance of 129.01 feet to a point of tangency;
North 67º 46' 57" East, a distance of 68.42 feet to a point; and
South 86º 00' 54" East, a distance of 334.38 feet to a point in the easterly line of said "The Business Campus at New Albany".
Thence south 03º38' 26" West, with the line common to said 17.166 acre tract and "The Business Campus at New Albany, a distance of 668.24 feet to the POINT OF BEGINNING containing 13.1 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only EVANS, EECHWART, HABBLETON & TILTON, INC.
To Rezone From: CPD, Commercial Planned Development District,
To: PUD-8, Planned Unit Development District.
SECTION 2. That a Height District of sixty (60) feet is hereby established on the L-ARLD, Limited Apartment Residential, and CPD, Commercial Planned Development Districts, and a Height District of thirty-five (35) feet is hereby established on the PUD-8, Planned Unit Development District 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 PUD-8, Planned Unit Development, CPD, Commercial Planned Development, and L-ARLD, Limited Apartment Residential Districts and Application among the records of the Department of Building and Zoning Services as required by Sections 3311.09, 3311.12, and 3370.03 of the Columbus City Codes, respectively; said plans being titled, "PRELIMINARY DEVELOPMENT PLAN," "PRELIMINARY LANDSCAPING PLAN, "ILLUSTRATIVE STREET SECTIONS," "CENTRAL COLLEGE AND NEW ALBANY ROAD OPEN SPACE," and "ELEVATIONS SHEETS A1.0 & A1.1," and said text being titled, "DEVELOPMENT TEXT," all dated April 14, 2014, and signed by Michael T. Shannon, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
34.4 +/- Acres
APPLICATION: Z13-055
PROPERTY SIZE: 34.4 +/- Acres
CURRENT DISTRICT: CPD, Commercial Planned Development
PROPOSED DISTRICTS:
SUBAREA A: ARLD, Apartment Residential
SUBAREAS B & C: CPD, Commercial Planned Development
SUBAREA D: PUD-8, Planned Unit Development
OWNER/APPLICANT: Michael DeAscentis; Lifestyle Communities, Ltd.; 230 West Street, Suite 200; Columbus, OH 43215
AGENT: Michael T. Shannon, Esq.; Crabbe, Brown & James, LLP; 500 S. Front St.
DATE OF TEXT: April 14, 2014
I. Introduction.
The subject property site ("Site"), PID #'s 010-234586, 010-234600, 010-287927, and 010-234598, is situated in north-east Columbus, Ohio. The Site is located at the north-west and north-east corners of the intersection of Central College Road and New Albany Road West. All of the parcels are currently zoned CPD, Commercial Planned Development. The Site is not subject to any Commercial Overlay, Area Commission, or Planning Overlay. However, the site is located within the Rocky Fork-Blacklick Accord (2003) and requires a recommendation from the Rocky Fork-Blacklick Accord Panel. According to the 2003 Land Use Map Update, the future planned use for the Site is "Town Mixed Use."
The Site is 34.4 +/- acres. Subarea A is 16.0 +/- acres and is vacant. Subarea B is 1.3 +/- acres and contains a single family residence and an accessory structure. Subarea C is 4.0 +/- acres and is vacant. Subarea D is 13.1 +/- acres and contains a single family residence. The Site is bordered on the north, south, and west by the City of Columbus. The parcels on the west are zoned PUD-6. The parcels on the north and are zoned PUD-6 and PUD-8. The parcels on the south, across Central College Road, are zoned CPD. The parcel on the east is in New Albany and zoned Office Campus District. The parcel on the east is part of the Business Campus at New Albany. The Site has a pipeline easement that affects Subarea A, Subarea C, and Subarea D. The pipeline easement runs north-east from the intersection of Central College Road and New Albany Road.
Applicant will combine parcels 010-234586, 010-234600, 010-287927 (north-west corner of the intersection of New Albany Road and Central College West) into one parcel. That parcel will contain Subarea A and Subarea B. Parcel 010-234598 (north-east corner of the intersection of New Albany Road and Central College West) will remain a single parcel and contain Subarea C and Subarea D. Applicant is seeking a rezoning of the Site to allow the development of multi-family residential in Subarea A, mixed use (neighborhood commercial and multi-family residential) in Subareas B and C, and attached single-family residential in Subarea D.
II. Subarea A (L-ARLD) - +/- 16.0 acres:
A. Permitted Uses: The permitted uses shall be those contained in Section 3333.02 (ARLD) of the Columbus City Code.
B. Development Standards: Unless otherwise indicated in the text or as illustrated on the attached plans, the applicable development standards of Chapter 3333 of the Columbus City Code shall apply.
1. Density, Height, Lot and/or Setback Requirements:
i. There shall be a maximum of 274 dwelling units.
ii. There shall be a minimum setback of 80 feet from the Central College Road right-of-way. The setback may include a wet storm water retention area within the setback. If included, the retention area shall implement modern retention strategies while integrating the rural character of the corridor. All landscaping and buffers shall integrate with the naturalized character of the corridor. The retention area may be irregular in shape. The retention ponds shall not have fountain features, but unobtrusive aeration systems shall be utilized to maintain appearance. Though the Department of Public Service may require a sidewalk within the public right-of-way, the setback may include additional passive recreational amenities, including a sidewalk/leisure path. The setback shall include 4-rail horse fencing so as to enclose the retention area in a Paddock area.
iii. Council Variance CV13-039 has been filed to allow a reduction of parking and building setbacks from New Albany Road West to 0 ft.
iv. There shall be a minimum setback of 60 feet on the west boundary.
v. There shall be a maximum building height of 45 feet.
vi. Council Variance CV13-039 has been filed to reduce the minimum perimeter yard on the east boundary, between Subarea A and Subarea B to 0 ft.
2. Access, Loading, Parking and/or other Traffic Related Commitments:
i. Subarea A shall provide a minimum of 468 parking spaces.
ii. Central College Road shall provide two access points to Subarea A. New Albany Road West shall provide one access point to Subarea A. However, any and all traffic-related commitments, including access, shall be designated and located to the specifications of the City of Columbus, Department of Public Service.
iii. All streets within the development shall be private and will be maintained by the Owner.
iv. The western entry point on Central College Road shall align with existing full curb cut private road on south side of Central College Road.
v. All streets will have sidewalks on both sides at a minimum of 5' wide. Along Central College Road, sidewalks will be located within 20' of the front building facades. Adjacent to the Central College Road right-of-way, there will be either a sidewalk at a minimum of 5' wide or a multi-purpose trail at a minimum of 10' wide. However, any and all sidewalk commitments shall be designated and located to the specifications of the City of Columbus, Department of Public Service.
vi. Where open spaces occur between buildings, sidewalks at a minimum of 5' wide will be provided to connect rear parking areas to the street sidewalks, as indicated on the submitted site plan.
vii. Council Variance CV13-039 has been filed to reduce the parallel parking spaces to 8ft. by 22 ft.
3. Buffering, Landscaping, Open Space and/or Screening Commitments:
i. Street trees shall be provided on both sides of new private streets. Street trees shall be spaced at a maximum distance of thirty feet on center. In certain situations, due to site constraints, building design, etc., trees may be grouped with a quantity equivalent to 1 tree per thirty feet. Street trees shall be deciduous and shall be 2.5-inch caliper minimum at the time of planting.
ii. Trees along Central College Road and New Albany Road West shall be spaced at a maximum distance of thirty feet on center. In certain situations, due to site constraints, building design, etc., trees may be grouped with a quantity equivalent to 1 tree per thirty feet. Street trees shall be deciduous and shall be 2.5-inch caliper minimum at the time of planting.
iii. The trees shall be planted at four trees per 100 lineal feet. The trees shall be a mix of deciduous, evergreen, and ornamental trees. The minimum size of all plant material at installation shall be two-inch caliper for deciduous shade trees, six feet high for evergreen trees, and two-inch caliper for ornamental trees/shrubs. All landscaping and buffers within the setback shall integrate with the naturalized character of the corridor.
iv. All wiring shall be underground unless otherwise required to be above ground by a public utility.
v. Streetlights shall be pedestrian-scale and decorative-style fixtures.
4. Building Design and/or Interior-Exterior Treatment Commitments:
i. Building materials shall be natural in appearance by employing the following building materials: brick, brick veneer, stone, stone veneer, stucco stone, wood, and glass. Vinyl and other manufactured materials are permitted as long as they are natural in appearance. Vinyl must be at least a 6 ½ inch beaded single plank with wood texture and a minimum thickness of .044 inches. The colors of the siding must be similar to the masonry materials used elsewhere on a building. Metal and E.I.F.S. shall be allowed as accent features only. All building elevations shall be designed with similar building materials and lighting.
ii. All windows shall be simulated divided light with mullions on a double glass pane.
iii. The buildings shall have sloped or pitched roofs. Flat roofs shall only be allowed with decorative cornices.
iv. A minimum of 40% of the total number of building facades and individual townhouses visible from Central College Road or New Albany Road West (including side elevations) shall be brick.
v. The front/primary elevation of all buildings along Central College road shall face Central College Road.
vi. Front elevations of all buildings shall be of the same primary material from foundation to roof line.
5. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments:
i. Subject to the approval of a Dumpster Waiver by the Department of Public Service Refuse Collection Division, refuse collection shall be provided by a private hauler and transported to an off-site compactor.
ii. Where used for security purposes or to illuminate walkways, roadways, and parking lots, only fully shielded cut-off style outdoor light fixtures shall be used.
iii. Outdoor light pole fixtures shall not exceed 18 feet in height.
iv. All external outdoor lighting fixtures within a development shall be of uniform style and color.
v. Ground mounted lighting shall be landscaped at its base and shielded to reduce glare.
6. Graphics and Signage Commitments:
i. All graphics and signage shall conform to Article 15 and Chapter 3376 of the Columbus City Code. Any variance to graphics and signage commitments shall be submitted to the Columbus Graphics Commission.
(See ORD0920-2014Attachment1DevelopmentText for the remainder of the development text)
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.