Explanation
Rezoning Application # Z07-051
APPLICANT: Sancus Retail Partners II, c/o Dave Perry, David Perry Co., Inc., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 13, 2008.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned L-M, Limited Manufacturing District (Ordinance 1564-97, passed July 7, 1997 (Z97-033)). The L-M zoning permits most C-4 commercial uses and various M, Manufacturing District uses. A car wash is proposed for one of the development parcels. While the M, Manufacturing District now permits a car wash, the ordinance that established the current L-M zoning does not. The Applicant proposes to rezone the site to CPD to allow commercial uses that are already permitted and to permit a car wash. The requested CPD, Commercial Planned Development District will allow regional scale commercial development with use restrictions and development standards that are similar to the current L-M District and adjacent properties. The proposal is consistent with the zoning and development patterns of the area, and with the land use recommendations of the Far North Plan (1994).
Title
To rezone 480 LAZELLE ROAD (43240), being 6.65± acres located on the north side of Lazelle Road, 275± feet west of Sancus Boulevard, From: L-M, Limited Manufacturing District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z07-051).
Body
WHEREAS, application #Z07-051 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.65± acres from L-M, Limited Manufacturing District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; 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 due to the submittal of a building permit application and for project lender to provide evidence of zoning (CPD) for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will allow regional scale commercial development with use restrictions and development standards that are similar to the current L-M District and adjacent properties. The proposal is consistent with the zoning and development patterns of the area, and with the land use recommendations of the Far North 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:
480 LAZELLE ROAD (43240), being 6.65± acres located on the north side of Lazelle Road, 275± feet west of Sancus Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 1, Section 3 and Farm Lot 11, Section 4, Township 3, Range 18 United States Military Lands, being 6.647 acres as conveyed to Polaris Sancus Retail, LLC in Official Record Volume 524, Page 159 (all references refer to records in the Delaware County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at an existing Franklin County Engineers Monument FCGS 2226 in the centerline of Lazelle Road (County Road 6), North 86°37'15" West a distance of 716.39 feet from the centerline intersection of said Lazelle Road and Sancus Boulevard , on the Delaware County and Franklin County Line;
Thence North 3°34'42" East a distance of 50.00 feet to an existing ¾" ID pipe with cap stamped "Hockaden & Assoc." on the northerly right of way of said Lazelle Road as conveyed to the City of Columbus, Ohio 0.368 acre tract (ORV 200, Pg 277) being the Point of Beginning;
Thence North 86°25'18" West a distance of 300.46 feet, along the northerly line of said City of Columbus, to an existing ¾" ID pipe with cap stamped "Hockaden & Assoc." in an easterly property line of City of Columbus 1.731 acre tract (DB 552, Pg 599);
Thence North 3°34'42" East a distance of 530.00 feet, along the easterly line of said 1.731 acre tract to an existing ¾" ID pipe with cap stamped "Hockaden & Assoc." in the southerly property line of Banc One Management Corporation (ORV 650, Pg 107);
Thence South 86°25'18" East a distance of 385.20 feet, along the southerly property line of said Banc One Management Corporation, to a point;
Thence South 33°05'16" East a distance of 41.40 feet to a point;
Thence South 45°45'51" East a distance of 228.29 feet to a point;
Thence South 3°26'38" West a distance of 164.69 feet to a point;
Thence North 86°37'22" West a distance of 18.61 feet to a point;
Thence South 18°47'29" East a distance of 42.08 feet to a point;
Thence South 36°37'45" East a distance of 29.51 feet to a point;
Thence South 22°58'40" West a distance of 90.13 feet to a point;
Thence South 11°13'05" East a distance of 37.08 feet to a point on the northerly right of way of said Lazelle Road as conveyed to said City of Columbus;
Thence North 86°37'22" West a distance of 279.03 feet, along the northerly right of way of said Lazelle Road, to the Point of Beginning containing 6.647 acres more or less total, 3.656 acres in Farm Lot 1 and 2.991 acres in Farm Lot 11 according to an actual field survey made by Hockaden and Associates, Inc. in May of 2006 and October of 2007.
Bearings are based upon the centerline of Lazelle Road from the intersection of Lazelle Road and Sancus Boulevard to FCGS Monument 2226, bearing North 86°37'15" West and all other bearings based upon this meridian.
To Rezone From: L-M, Limited Manufacturing District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of sixty (60) 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, "LAZELLE ROAD COMMERCIAL PLANNED DEVELOPMENT," and text titled, "DEVELOPMENT TEXT," both signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated March 14, 2008, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
6.647 +/- ACRES
Proposed Zoning: CPD, Commercial Planned Development
Existing Zoning: L-M, Limited Manufacturing
Property Address: 480 Lazelle Road, Columbus, OH (43240)
Applicant: Sancus Retail Partners II, c/o Dave Perry, David Perry Co., Inc., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
Owner: Polaris Sancus Retail, LLC, c/o Dave Perry, David Perry Co., Inc., 145 East Rich Street, 3rd Floor, Columbus, OH 43215, and Donald Plank, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
Date of Text: March 14, 2008
Application Number: Z07-051
1. INTRODUCTION: The subject property is 6.647 +/- Acres located on the north side of Lazelle Road, starting 436 feet +/- west of Sancus Boulevard. The site is zoned L-M, Limited Manufacturing (Ordinance 1564-97, passed July 7, 1997 (Z97-033). The L-M zoning permits most C-4 commercial uses and various M, Manufacturing District Uses. A car wash is proposed for one of the development parcels. While the M, Manufacturing District now permits a car wash, the ordinance that established the current L-M zoning does not. Applicant proposes to rezone the site to CPD to permit commercial uses that are already permitted and to permit a car wash. The submitted CPD plan referenced in Section I, hereafter referred to as the "Plan", is submitted as the site development plan.
2. PERMITTED USES: All uses of Section 3356.03 C-4, Permitted uses, except as noted in 3. Prohibited Uses, and a car wash.
3. PROHIBITED USES: Billboards, Off-premise graphics, except as may be approved by the Graphics Commission, Used car lots, except used car lots used in conjunction with the sale of new cars, Outside storage 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.
4. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Plan or in the written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Commercial, of the Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
1. Building Lines:
a) The building setback line shall be a minimum of: 1) fifty (50) feet from any public street, 2) ten (10) feet from any side property line and 3) ten (10) feet from any rear property line, except as otherwise set forth herein:
b) No building setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
2. Parking Setback
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) No parking or maneuvering areas, except driveways, shall be constructed nearer than three (3) feet from any side or rear property line, except as follows:
c) Internal aisles for vehicular circulation within parking lots to provide internal connection and circulation between adjacent parking lots are permitted.
d) No parking or maneuvering setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Wheel blocks shall be provided in any parking spaces adjacent to the three (3) foot side or rear property line parking setback and the wheel blocks shall be placed within the parking space to prevent the overhang of vehicles into the parking setback.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Screening with landscaping (or screening materials which may consist of any combination of earth mounding, landscaping, walls, and/or fences) shall be provided so as to hide trash collection areas and waste storage area from view, to a minimum opacity of not less than 100% to a height of six (6) feet. All such landscaping shall be properly trimmed and all screening shall be maintained in a neat and tidy manner. All service areas shall be separated from public circulation and parking areas.
2. All heating, ventilating, air conditioning and other building mechanical systems and equipment, whether roof mounted or ground level, shall be fully screened from view from all public streets. As an exception to the foregoing, equipment requiring ventilation may be located within architectural elements having an opacity of at least 80%. Ground level equipment may be screened by landscaping.
3. Street trees shall be planted on Lazelle Road at the rate of one (1) tree per fifty (50) lineal feet of Lazelle Road street frontage. Street trees may be planted in the Lazelle Road right of way with applicable permission of the City of Columbus. Street trees shall be planted at approximately a uniform setback and spacing, taking into account any obstructions and driveway crossings. Tree species shall be approved by the City Forester. Trees shall be a minimum caliper of 2 1/2" at the time of planting, shall be maintained in a healthy condition and any dead trees shall be replaced within 6 months, weather permitting.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous/Street Tree - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet, Shrubs - 2 gallon.
6. Mounding with a height of 3 feet, as measured from the elevation of the Lazelle Road pavement in front of each site, and having a maximum slope of 3:1, shall be provided in the thirty (30) foot Lazelle Road parking setback. Except for graphics and access driveways, the surface of the front buffer area, including the mound, shall be expressly reserved for the planting of lawns, trees and/or shrubs. All mounding may be tapered as needed for driveway crossings and to provide adequate clear vision at driveway access points. To the extent that open storm drainage ditches are required by the City of Columbus in the thirty (30) foot Lazelle Road parking setback, mounding may be modified accordingly.
7. Provision for handling all truck service shall be totally within each parcel. No off-street loading areas or loading docks shall be located on or along the front wall of any building, within the front yard of any parcel or nearer than ten (10) feet from any side or rear property line. Off-street loading areas or loading docks located on or along the side wall of any building shall in no event be located nearer than twenty-five (25) feet from the front of the building and such facilities and all activities therein shall be screened from view from all public streets with buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6' high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
8. Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel and adjacent and parallel to the side and rear property lines, except where no building setback is required, where aisles connect adjacent parking lots and where no parking setback is required. The surface of the side and rear buffer areas shall be expressly reserved for the planting of lawns, trees or shrubs and no structures (except approvable graphics), equipment of any nature (except utility equipment, which shall be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas.
9. Each parcel fronting Lazelle Road shall provide a minimum thirty (30) foot wide landscape buffer area along Lazelle Road outside of but adjacent and parallel to the Lazelle Road right of way. Except for graphics and driveways, the surface of the front buffer area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may occur in said buffer areas.
D. Building Design and/or Interior-Exterior Treatment Commitments.
Not Applicable
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental
Commitments.
1. All parking lot lighting shall use cut-off type fixtures (downlighting) and shall be designed and placed to minimize off-site light spillage and glare. Buildings and landscaping may be uplighted from a concealed source.
2. Parking lot lighting shall be no higher than 28 feet.
3. All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
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. All ground signs shall be monument-style and shall not exceed a height of ten (10) feet, as measured from the elevation of the Lazelle Road pavement adjacent to the sign. Any variance to the applicable requirements of the C-4, Commercial District, shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements.
1. Natural Environment: The natural environment of the site is flat. The site is located on the north side of Lazelle Road, 436 feet +/- west of Sancus Boulevard.
2. Existing Land Use: The property is presently zoned for commercial and manufacturing development (L-M, Limited Manufacturing) but is undeveloped.
3. Circulation: There will be curbcuts on Lazelle Road for direct access to the site, as well as circulation from and to Sancus Boulevard via easement across property to the east.
4. Visual Form of the Environment: The site is presently zoned L-M, Limited Manufacturing. The L-M zoning permits commercial and manufacturing district uses. There is commercial and manufacturing district (L-M) zoning I all directions from the site.
5. Visibility: Lazelle Road is an arterial right of way.
6. Proposed Development: Commercial uses, as presently permitted, and a car wash.
7. Behavior Patterns: Vehicular access will be from Lazelle Road and by easement to/from Sancus Boulevard across commercially developed property to the east.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
H. Modification of Code Standards.
1. Section 3342.08 Driveway, which Section requires a minimum 20 foot wide driveway for two-way travel, while applicant proposes a 24 foot wide private road way easement with the property line of abutting development parcels going to centerline of the private roadway easement, thereby resulting in a 12 foot wide driveway on each parcel, while in function the code required driveway width is provided.
I. Miscellaneous commitments.
1. Development of the site shall be in accordance with the site plan titled "Lazelle Road Commercial Planned Development", dated March 14, 2008 and signed March 14, 2008 by David B. Perry, Agent, and Donald Plank, Attorney. The site plan depicts: 1) property that will not front on a publicly dedicated street and 2) an on-site private roadway easement for vehicular access to the site(s). The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to any of the drawings shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. Property designated as Parcel 4 on the plan referenced in I.1. may be split into 2 or more parcels, with each resulting parcel abutting a private roadway easement. Property designated as Parcel 3 may be split into 2 parcels.
3. Bicycle parking shall be provided, except for any car wash use.
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.