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File #: 2497-2003    Version: 1
Type: Ordinance Status: Passed
File created: 11/7/2003 In control: Zoning Committee
On agenda: 12/8/2003 Final action: 12/11/2003
Title: To rezone 2764 FREEDOM TRAIL (43068), being 0.92± acres located on the east side of Freedom Trail, 190± feet south of Tussing Road, From: CPD, Commercial Planned Development District, To: L-ARLD, Limited Apartment Residential District (Rezoning #Z03-065).
Attachments: 1. ORD0497-2003staffrpt.pdf, 2. ORD2497-2003zone.pdf, 3. ORD2497-2003gis.pdf, 4. ORD2497-2003aerial.pdf, 5. ORD2497-2003disclosure.pdf
Explanation
 
REZONING APPLICATION:  Z03-065
 
APPLICANT:  Remington Builders, Ltd.; c/o Randall M. Kohn; 24 East Frankfort Street; Columbus, Ohio 43206.
 
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on October 9, 2003.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  Staff supports deviation from the Brice/Tussing Area Plan (1990) because the proposed L-ARLD, Limited Apartment Residential District multi-family use is consistent with zoning and development in this area and will provide a transition between commercial and single-family uses.  The limitation text provides development standards that address site access, street tree planting along Freedom Trail, landscaping in perimeter yards, building materials, and lighting and graphics restrictions.
 
 
 
Title
 
To rezone 2764 FREEDOM TRAIL (43068), being 0.92± acres located on the east side of Freedom Trail, 190± feet south of Tussing Road, From:  CPD, Commercial Planned Development District, To:  L-ARLD, Limited Apartment Residential District (Rezoning #Z03-065).
 
 
Body
 
WHEREAS, application #Z03-065 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.92± acres, From CPD, Commercial Planned Development 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 and deviation from the Brice/Tussing Area Plan (1990) because the proposed L-ARLD, Limited Apartment Residential District multi-family use is consistent with zoning and development in this area and will provide a transition between commercial and single-family uses.  The limitation text provides development standards that address site access, street tree planting along Freedom Trail, landscaping in perimeter yards, building materials, and lighting and graphics restrictions; 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:
 
2764 FREEDOM TRAIL (43068), being 0.92± acres located on the east side of Freedom Trail, 190± feet south of Tussing Road, and being more particularly described as follows:
 
DESCRIPTION OF 0.918 ACRE OF LAND LOCATED EAST OF FREEDOM TRAIL AND SOUTH OF TUSSING ROAD, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 44, Section 25, Township 12, Range 21, Refugee Lands, containing 0.918 acre of land, more or less, said 0.918 acre being out of that 108.385 acre tract of land conveyed to the Refugee Development Company by deed of record In Deed Book 3502, Page 501, Recorder's Office, Franklin County, Ohio, said 0.918 acre of land being more particularly described as follows:
 
Beginning at a 3/4-inch (I.D.) Iron pipe (set) at the northwesterly corner of Independence Village Section No. 1, the recorded plat of same being of record in Plat Book 50, Pages 94 and 95, Recorder's Office, Franklin County, Ohio, in the easterly right-of-way line of Freedom Trail (sixty feet in width);
 
Thence N-04°17'37"E, with the easterly right-of-way line of said Freedom Trail. a distance of 200.00 feet to a 3/4-inch (I.D.) iron pipe (found) at the southwesterly corner of a .916 acre tract of land described, in the deed to United Dairy Farmers, Inc., by deed of record In Official Record 10347E20, Recorder's Office, Franklin County, Ohio;
 
Thence S-85°42'23"E, with the southerly line of said 0.916 acre tract, a distance of 200.00 feet to a 3/4-Inch (I.D.) iron pipe (set) at the southeasterly corner of said 0.916 acre tract, said iron pipe also being in the westerly line of a tract of land designated as PHASE 1 in Exhibit "A" and conveyed to Independence Village, Ltd. by deed of record in Deed Book 3631, Page 652, Recorder's Office, Franklin County, Ohio;
 
Thence S-04°17'37"W, with the westerly line of said PHASE 1, a distance of 200.00 feet to a 3/4-inch (I.D.) iron pipe (found) in the northerly line of said Independence Village Section No. 1;
 
Thence N-85°42'23"W, with the northerly line of said Independence Village Section No.1, a distance of 200.00 feet to the point of beginning and containing 0.918 acre of land, more or less.
 
To Rezone From:  CPD, Commercial Planned Development 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 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 L-ARLD, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, "LIMITATION OVERLAY TEXT DEVELOPMENT PLAN," signed by Randall M. Kohn, Remington Builders, Ltd., dated November 6, 2003, and reading as follows:
 
LIMITATION OVERLAY TEXT DEVELOPMENT PLAN
 
ZONING DISTRICT:  L-ARLD
 
PROPERTY ADDRESS:  2764 Freedom Trail (43068)
 
OWNER:  La Petite Academy, Inc.
 
APPLICANT:  Remington Builders
 
DATE:  November 6, 2003
 
APPLICATION NO.:  Z03-065
 
I.  INTRODUCTION:  The property subject to this Limitation Overlay Text Development Plan is a 0.918± acre site located on the east side of Freedom Trail, just south of Tussing Road. The subject property has 200 feet of frontage on Freedom Trail and is currently undeveloped.  The property is presently zoned Commercial Planned Development District ("CPD") and allows those uses governed by the C-2, Commercial District and a freestanding child day care center. The proposed zoning of Apartment Residential-Low Density ("L-ARLD") provides a transition from the high density commercial uses located north of the site and across Freedom Trail, to the single family residential to the south. The property north of and contiguous to the site is zoned CPD and is developed with a United Dairy Farmers Store with gasoline pumps. The property across Tussing Road and immediately to the north of the United Dairy Farmers Store is zoned CPD and is developed with a 250,000± sq. ft. community shopping center anchored by Kroger, Burlington Coat Factory and Babies "R" US, various types of fast food uses, a vacant multiplex theatre complex and other heavy retail uses.  The properties across Freedom Trail to the west are zoned Commercial ("C-4") and ARLD, respectively. The property zoned C-4 fronts Tussing Road and is developed with a 35,000± sq. ft. neighborhood shopping center, a one story office building (formerly a bank branch office with drive through tellers) and a Burger King Restaurant.  The property zoned ARLD is located directly south of and contiguous to the C-4 tract and is developed as single family residential. The property east of and contiguous to the site is zoned Apartment Residential-Office ("ARO") and is developed with 125 apartment units on 6.38± acres (19.59 units/acre). The property to the south is zoned Single Family Residential ("SR") and is developed as single family residential.
 
The subject property is the Southern Portion (Parcel "B") of a 1.84± acre parcel which was zoned CPD per Zoning Application Z87-1372 and Ordinance No. 1643-87 passed by the Columbus City Council, July 27, 1987. The Northern Portion (Parcel "A") fronting on Tussing Road and totaling 0.922± acres is developed with a United Dairy Farmers Store. On February 6, 1989, Columbus City Council approved an amendment to the CPD per Zoning Application Z88-3031 and Ordinance No. 177-89 permitting a freestanding child day care center on the Southern Portion (Parcel "B") of the parcel.  
 
2.  PERMITTED USES:  Permitted uses for the Property are contained in Section 3333.02 of the Columbus City Code.
      
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated within this limitation text, development standards applicable to the ARLD, Apartment Residential District contained in C.C. 3333 shall apply.
 
A.  Density, Height, Lot and/or Setback Commitments.  
 
1.  No more than fifteen (15) dwelling units shall be built. This number of units was calculated by multiplying the gross acreage of 0.918± acres by 17.4 units per acre (one dwelling unit per 2,500 sq. ft.). This calculation is consistent with the density allowed in an ARLD apartment residential district pursuant to Chapter 3333 of the Columbus City Code.
 
B.  Access, Loading, Parking and/or Other Traffic Related Commitments.
 
1.  All circulation, curb cuts and access points shall be subject to the approval of the Transportation Division.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments.
 
1.  Street trees shall be planted evenly spaced along Freedom Trail at a ratio of one tree per thirty-five (35) feet of frontage.  
 
2.  Trees and bushes shall be planted along the south, east and north side of the property at a ratio of one deciduous tree, one evergreen and 2 bushes per forty (40) linear feet.  Bushes shall be combinations of burning bush, taxus, hetzi juniper and/or mugo or white pines. These trees may be evenly spaced or grouped.
 
3.  Car headlights shall be screened from the adjacent single-family residences located along the south side of the property with a continuous 30" hedge.
 
4.  Landscaping shall be maintained in a healthy state.  Any dead material shall be removed and replaced with like materials at the next planting season or within six months, whichever occurs first.  The size of the new materials shall equal the size of the original material when it was installed.
 
5.  The minimum size of all trees at installation shall be 2 ½ inch caliper for deciduous, 1 ½ inch caliper for ornamental and 5 feet high for evergreen. Tree caliper is measured six (6) inches from the ground.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  Building Materials:
 
The buildings shall be constructed of any combination of the following: brick, brick veneer, block, split-faced block, real or synthetic stucco, real or synthetic stone, cementacious board, glass, wood (including cedar), wood shingles, stucco, or vinyl siding.
 
E.  Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
            
Lighting:
 
1.  Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane and to prevent offsite spillage.
 
2.  Accent lighting shall be permitted provided such light source is concealed.
 
3.  Any wall-mounted lighting shall be shielded to prevent offsite spillage.
 
4.  Light standards shall not exceed 18 feet in height.
 
5.  For aesthetic compatibility, lights shall be from the same or similar type and color.
 
6.  Lighting shall not exceed .1 foot-candle anywhere along a property line, measured horizontally.
 
F.  Graphic Commitments:  All graphics shall conform to Columbus City Code Article 15 as it applies to the ARLD zoning district.  Any variance to such requirements shall be submitted to the Columbus Graphics Commission.
 
G.  Miscellaneous Commitments:   N/A
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.