Explanation
Rezoning Application Z14-026
APPLICANT: Metro Development, LLC; c/o Deanna R. Cook, Atty.; 52 East Gay Street, P.O. Box 1008; Columbus, OH 43216.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 11, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Roughly half of the site is comprised of ten separate parcels developed with residential uses in the R, Rural District, and the other half is a 140-unit apartment complex under construction in the L-ARLD, Limited Apartment Residential District (Ord. No. 2549-2012; Z12-002). The requested L-ARLD, Limited Apartment Residential District will allow Phase II of the apartment complex for up to an additional 136 units, and will revise the site plan and setback requirements on the current L-ARLD District. The plans and limitation text include maximum number of units (276 total units; 15.81 units/acre), development standards in consideration of adjacent residential development, and preservation of natural features. The site is located within Subarea E1 of The Far North Plan (1994), which will be replaced by the updated Far North Area Plan in October 2014, but currently recommends commercial and light industrial development as the most appropriate land use for this location. Deviation from the Plan's recommendation is warranted due to subsequent residential zoning and development in the vicinity, as well as the ample commercial and industrial zoning now in place at the Polaris Centers of Commerce nearby to the east. This area has been consistently zoned for commercial uses along the North High Street frontage with residential uses to the east, and this request continues that zoning pattern. Furthermore, residential development provides 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 17.46± acres located on the north side of Lazelle Road, 450± feet west of Arnold Place, From: L-ARLD, Limited Apartment Residential, and R, Rural Districts, To: L-ARLD, Limited Apartment Residential District (Rezoning # Z14-026).
Body
WHEREAS, application #Z14-026 is on file with the Department of Building and Zoning Services requesting rezoning of 17.46± acres from R, Rural District, to L-ARLD, Limited Apartment Residential 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 plans and limitation text for the requested L-ARLD, Limited Apartment Residential District include development standards in consideration of the adjacent single-unit residential development, and preservation of natural features. Although the request is not consistent with current Far North Plan land use recommendations for commercial and light industrial development, deviation is warranted due to subsequent residential zoning and development in the vicinity, as well as the ample commercial and industrial zoning now in place to the east. Furthermore, residential development provides 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 17.46± acres located on the north side of Lazelle Road, 450± feet west of Arnold Place, and being more particularly described as follows:
TRACT 1
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: L-ARLD, Limited Apartment Residential District,
To: L-ARLD, Limited Apartment Residential District
TRACT 2
Situated in the State of Ohio, County of Delaware, Township of Orange, lying in Farm Lot 8, Section 3, Township 3, Range 18, United States Military District and being 3.962 acres of that 4.038 acre tract conveyed to Donald E. Craven and Barbara J. Craven, by deed of record in Deed Book 461, Page 761, (P.I.D. 31834301013000) (all records herein of the Recorder's Office, Delaware County, Ohio, and being more particularly described as follows):
BEGINNING at the angle point in the existing City of Columbus Corporation line as established by Ordinance Number 1527-2003 and of record in Plat Cabinet 2, Slide 217 and being the southeasterly corner of "Reserve B" of the Village at Olentangy Meadows Section 1, Part 1 a subdivision of record in Plat Cabinet 3, Slides 473-473A;
Thence South 01° 31' 29" West, a distance of 290.27 feet, along the westerly line of O.W. Roll Subdivision a subdivision of record in Plat Book 4, Page 303, the easterly line of said 3.962 acre tract as conveyed to Barbara J. Craven and Donald E. Craven by deed of record in Deed Book 461, Page 761, to a point on the northerly line of that 0.243 acre tract as conveyed to Jeffrey S. Carpenter by deed of record in Official Record 13, Page 227;
Thence North 87° 10' 42" West, a distance of 115.03 feet, along the line common to said 0.243 and 3.962 acre tracts to a point;
Thence South 01° 31' 29" West, a distance of 473.21 feet, along the line common to said 0.243 and 3.962 acre tracts and the westerly line of that 1.534 acre tract as conveyed to William B. Boggs and Marcella J. Boggs by deed of record in Official Record 10, Page 1549 to a point;
Thence North 87° 03' 08" West, a distance of 100.03 feet, along the line common to said 1.00 acre tract as conveyed to Ali Kaverizadeh by deed of record in Official Record 697, Page 817 and 3.962 acre tract to a point;
Thence South 01° 31' 29" West, a distance of 407.67 feet, along the line common to said 1.00 and 3.962 acre tracts to a point on the northerly right-of-way of Lazelle Road;
Thence North 87° 03' 08" West, a distance of 120.52 feet, across said 3.962 acre tract and along the northerly right-of-way line of Lazelle Road to a point on the easterly line of that 6.81 acre tract as conveyed to The Chakroff Family Limited Partnership I by deed of record in Deed Book 647, Page 468;
Thence North 08° 01' 55" East, a distance of 1173.12 feet, along the line common to said 3.962 and 6.81 acre tracts to a point on the southerly line of the Village at Olentangy Meadows Section 1, Part 2 a subdivision of record in Plat Cabinet 3, Slides 651-651A and the existing City of Columbus Corporation Line;
Thence South 87° 46' 12" East, a distance of 202.51 feet, along the southerly line of Village at Olentangy Meadows, Section 1, Part 2 and the City of Columbus Corporation line to the TRUE POINT OF BEGINNING, containing 3.962 acres more or less.
TRACT 3
Situated in the State of Ohio, County of Delaware, Township of Orange, Farm Lot 8, Quarter Township 3, Township 3, Range 18, U.S.M.D., and being: all of Parcel 1 (Lot 47 of O.W. Roll Subdivision of record in Plat Book 4, Page 303) and all of Parcel 2 (a 0.869 acre tract) as conveyed to Paolo & Marilena Cugini of record in Official Record 20, Page 2560 (APN 31834301017000 and APN 31834301016000), all of that 0.990 acre tract conveyed to Sidney D. and Patrice L. Price of record in Official Record 752, Page 1193 (APN 31834301015000), part of that 4.038 acre tract as conveyed to Donald E. and Barbara J. Craven of record in Deed Book 461, Page 761 (APN 31834301013001), all of a 0.009 acre tract as conveyed to Columbia Gas of Ohio Inc. of record in Deed Book 336, Page 648 (APN 31834301014000), a residue of an Original 1.5343 tract as conveyed to William B. and Marcella J. Boggs of record in Official Record 10, Page 1549 (APN 31834301016001), all of Lot 54 of said Subdivision as conveyed to William B. and Marcella J. Boggs of record in Deed Book 424, Page 496 (APN 31834301022000) and all of Lots 56 and 58 of said Subdivision as conveyed to William B. and Marcella J. Boggs of record in Deed Book 400, Page 178 (APN 31834301023000 and APN 31834301024000) and described as follows:
Beginning at the southeast corner of said Parcel 1 (Lot 47 of said Subdivision), in the centerline of Lazelle Road and in the common line of Franklin and Delaware Counties;
Thence along the south line of said Parcel 1 (Lot 47 of said Subdivision) and 2, the south line of said 0.990 acre tract and the south line of said 4.03 acre tract, the same being the centerline of said Lazelle Road and being the common line of said Franklin and Delaware Counties, the following courses;
N 85° 44' 26" W, 172.67 feet to an angle point in said centerline;
N 87° 24' 05" W, 223.88 feet to the southwest corner of said 4.038 acre tract, the same being the southeast corner of Tract II (a 6.815 acre tract) as conveyed to Remington Woods LLC of record in Deed Book 1217, Page 746 and the same being a southeast corner of an existing City of Columbus Corporation Line (Ord. No. 0386-2012);
Thence N 07° 40' 58" E, along the common line of said Tract II and said 4.038 acre tract, the same being said existing Corporation Line, 20.07 feet to the north right-of-way line of said Lazelle Road, being a southwest corner of a City of Columbus Corporation Line (Ord. No. 0681-07);
Thence S 87° 24' 05" E, across said 4.038 acre tract, the same being the north right-of-way of said Lazelle Road and along said existing Corporation Line, 121.60 feet to an east line of said 4.038 acre tract, the same being the west line of said 0.990 acre tract and being in said north right-of-way line;
Thence N 01° 09' 55" E, along the west line of said 0.990 acre tract, the west line of said 0.009 acre tract, the same being the east line of said 4.038 acre tract and being and along said existing Corporation Line, 416.90 feet to a common corner of said 4.038 acre and 0.990 acre tracts and being a corner of said existing Corporation Line;
Thence S 87° 24' 05" E, along the common line of said 4.308 acre and said 0.990 acre tracts and along said existing Corporation Line, 100.03 feet to a common corner thereof , the same being in the west line of said 1.5343 acre tract and being a corner of said existing Corporation Line;
Thence N 01° 10' 32" E, along a portion the common line of said 4.038 acre and 1.5343 acre tracts and being along said existing Corporation Line, 380.01 feet;
Thence S 86° 57' 24" E, along the south line of a 0.243 acre tract conveyed to Jeffrey Carpenter of record in Official Record 13, Page 1227, the south line of Lot 60 of said Subdivision as conveyed to Jeffrey Carpenter of record in Deed Book 524, Page 643, the same being the north line of said 1.5343 acre tract and the north line of said Lot 58, leaving said existing Corporation Line, 229.95 feet to the southeast corner of said Lot 60, the same being the northeast corner of said Lot 58 and being in the west right-of-way line of Arnold Place of said Subdivision;
Thence S 01° 09' 52" W, along the east line of said Lots 58, 56 and 54, being the west right-of-way line for said Arnold Place, 300.00 feet to the southeast corner of said Lot 54, being the northeast corner of Lot 52 of said Subdivision as conveyed to Daniel R. Green of record in Deed Book 400, Page 178 and being the west right-of-way line of said Arnold Place, being the west right-of-way line of said Arnold Place;
Thence N 86° 56' 03" W, along the common line of said Lots 54 and 52, 115.00 feet to a common corner thereof, being in the east line of said 1.5343 acre tract;
Thence S 01° 09' 52" W, along the west line of Lots 52 and 50 of said Daniel R. Green deed, along the west line of Lot 49 of said Subdivision as conveyed to William B. and Katherine Miller of record in Deed Book 596, Page 485, the same being a portion of the east lines of said 1.291 acre tract and said Parcel 2, 300.00 feet to the southwest corner of said Lot 49, the same being the northwest corner of said Lot 47 and being in the east line of said Parcel 2;
Thence S 86° 56' 03" E, along a portion of the south line of said Lot 49, the same being the north line of said Lot 47, 57.45 feet to the northeast corner of said Lot 47, being in the south line of said Lot 49;
Thence S 01° 09' 52" W, along the east line of said Lot 47, the same being the west line of Lot 46 of said Subdivision as conveyed in said Miller deed 220.60 feet to the Point of Beginning, containing approximately 4.3 acres of land, more or less.
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-ARLD, Limited Apartment Residential 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 L-ARLD, Limited Apartment Residential District 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, "EXHIBIT A - SITE PLAN," "EXHIBIT B - LANDSCAPE BUFFER," and "EXHIBIT C - ARCHITECTURAL CHARACTER," and text titled, "LIMITATION OVERLAY TEXT," all signed by Deanna R. Cook, Attorney for the Applicant, dated September 10, 2014, and the text reading as follows:
Limitation Overlay Text
Proposed District: L-ARLD
Property Address: 68 Lazelle Road, Columbus, Ohio 43235
Owners: William B. Boggs
Marcella J. Boggs
Paolo Cugini
Marilena Cugini
Sidney D. Price
Patrice L. Price
Donald E. Craven
Barbara J. Craven
Columbia Gas of Ohio, Inc.
Remington Woods LLC
Applicant: Metro Development LLC
Date of Text: September 10, 2014
Application No: Z14-026 / 14335-00000-00377
1. Introduction: The subject property is approximately 17.462 acres and is located east of North High Street and north of Lazelle Road.
In 2012, the applicant rezoned an approximate 11.2 acre parcel of land, with approximately 2.0 acres of the 11.2 acres rezoned L-C4 and approximately 9.2 acres of the 11.2 acres rezoned L-ARLD. The 9.2 acre parcel has been substantially developed with a multi-family project commonly referred to as Remington Woods. The 9.2 +/- acre development shall be referred to herein as "Phase I".
Immediately east of the Phase I parcel is an 8.262 +/- acre parcel, a portion of which was annexed to the City of Columbus from Orange Township in 2007 (zoned R, Rural District) and a portion of which was annexed to the City of Columbus from Orange Township in 2014 (zoned R, Rural District). The 8.262 +/- acre development shall be referred to herein as "Phase II".
The applicant seeks to combine Phase I (identified as Phase 1 - Existing on the Site Plan attached as Exhibit A), which has been developed multi-family residential and which is zoned L-ARLD, with Phase II (identified as Phase 2 - Proposed on the Site Plan attached as Exhibit A), which shall be developed multi-family residential and which shall be rezoned L-ARLD, for a total of approximately 17.462 acres zoned L-ARLD. Phase I and Phase II will share some features such as drives, parking areas, and certain amenities like a pool and community building. The applicant plans to combine the Phase I and Phase II parcels by submitting an application to combine the Phase II parcel and the 11.2 +/- acre parcel (which includes the Phase II parcel and the 2.0 +/- acre L-C4 parcel) with the Delaware County Auditor's office.
The approximate 2.0 acre tract which was zoned L-C4 in 2012 will not be affected by the requested rezoning, but rather will remain zoned L-C4.
Both the Phase I and Phase II parcels are in Subarea E-1 in the Far North Columbus Communities Coalition area plan. While this plan recommends commercial and light industrial development for this location, deviation from the Plan is warranted due to subsequent residential zoning and development in the vicinity, as well as the ample commercial and industrial zoning in place at the Polaris Center of Commerce nearby to the east. Additionally, there is a growing amount of commercial development in the area which is vacant. The use of the site for multi-family purposes is a use consistent with those already existing in the area, and the necessary infrastructure, support services, leisure activities and working environments are all in the immediate proximity.
2. Permitted Uses: Multi-family and accessory uses such as pool, community center, and clubhouse.
3. Development Standards:
A. Density, Lot, and/or Setback Commitments.
1. Maximum building height shall be 35'. Phase I and Phase II shall be a mix of two and three story apartment buildings, with all Phase I apartment buildings already constructed. As for Phase II, Building 4 and Building 6 shall each be two story and the remaining apartment buildings shall be three story buildings.
2. Maximum number of units shall be 276 (140 existing Phase I units and up to a maximum of 136 Phase II units).
3. For Phase I, there shall be a five (5) foot parking setback along Lazelle Road, a five (5) foot perimeter yard setback on the west property line, and a five (5) foot perimeter yard setback on that certain south property line of the Phase I parcel located south of Building A and south of a portion of Building B, as said Buildings are shown on the attached Exhibit A. A council variance for the reduced setbacks was passed on December 5, 2012 (File No. 2550-2012). No encroachment shall be permitted.
For Phase II, the parking setback shall be five (5) feet on the south boundary along Lazelle Road. A council variance application has been filed along with the rezoning application for this reduced setback. Because Phase I and Phase II will be combined for zoning purposes, no variance for perimeter yard setbacks shall be required or requested for the eastern boundary line of Phase I or the western boundary line of Phase II.
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. Phase I internal private sidewalks and the Phase I Lazelle Road sidewalk have been constructed and are located as indicated on the Site Plan attached hereto as Exhibit A. Phase II sidewalks shall be constructed and located in general conformance to the Site Plan attached hereto as Exhibit A. The Phase II sidewalk along Lazelle Road shall be a minimum of 5 feet in width and shall connect to the existing Phase I Lazelle Road sidewalk.
3. Bicycle parking shall be provided in Phase II at the ratio and in the number required by Columbus City Code. To the extent possible, any such bicycle parking shall be distributed throughout the subject property in a way so as to provide convenient access to each apartment building, and so as to be as close as possible to apartment building entrances that face surface parking areas.
4. Developer shall be responsible for the installation of signage assemblies at the access point on Lazelle Road to Phase I and Phase II, and at the intersection of Lazelle Road & Lazelle Road East to direct vehicles intending to travel southbound on US 23 (N. High St.) to utilize Lazelle Road East when exiting the access points on Lazelle Road.
5. Columbus City Thoroughfare Plan requires a right-of-way dedication of thirty feet (30') measured from the existing centerline of Lazelle Road, with which the developer will comply.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The north property line of Phase I 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. The north property line of Phase II abuts property owned by the Village at Olentangy Meadows homeowners' association, which property contains a detention pond. As such, and to preserve existing trees and landscaping, landscaping the north property line of Phase II shall not be required.
2. The developer shall install landscaping along a portion of the east property line of Phase II in general conformance with the Site Plan attached hereto as Exhibit A and the Landscape Buffer plan attached hereto as Exhibit B. Said landscaping shall provide a buffer between the proposed multi-family project and a small number of adjacent, currently existing single family parcels.
D. Building Design and/or Interior-Exterior Commitments.
1. As to Phase I and Phase II buildings:
(a) Buildings shall be constructed in accordance with the "Architectural Character" plan attached hereto as Exhibit C.
(b) Buildings shall be constructed with an exterior mixture of brick or stone veneer, wood or cement wood siding and vinyl siding.
(c) 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, or pilasters is required.
(d) No balconies shall be permitted on the east side of Existing Building C as labeled on the site plan attached as Exhibit A.
2. To provide privacy between certain homes in the Village at Olentangy Meadows subdivision and Building 7 of Phase II, there shall not be any windows on the north façade of Building 7.
3. To provide privacy between the single family parcels north of Building 5 of Phase II, there shall not be any windows on the north façade of Building 5.
4. Maximum height of light poles shall be fourteen feet.
E. Graphics and/or Signage Commitments.
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 site shall be developed in general conformance with the submitted plans titled "Exhibit A - Site Plan," "Exhibit B - Landscape Buffer," and "Exhibit C - Architectural Character". The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a 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.