Explanation
Rezoning Application Z12-017
APPLICANT: Casto-Edwards Hayden Run Ltd.; c/o Jeffrey L. Brown, Atty.; Smith and Hale LLC; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Multi-unit residential and commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 10, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development Districts will allow multi-unit residential and limited commercial development that is consistent with the surrounding development. The development text includes use restrictions, setbacks, building height limits, maximum lot coverage, street trees, landscaping, screening, building materials commitments, and graphics controls. The CPD Text carries over the development standards that are present in the existing CPD District. Staff supports zoning almost half of the existing CPD District for multi-unit residential development considering the predominance of multi-unit residential uses in the area, and that the property has remained undeveloped since it was commercially zoned in 2000.
Title
To rezone 5070 HAYDEN RUN ROAD (43016), being 23.04± acres located at the northwest corner of Hayden Run Road and Edwards Farms Drive, From: CPD, Commercial Planned Development District, To: L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development Districts and to declare an emergency (Rezoning # Z12-017).
Body
WHEREAS, application #Z12-017 is on file with the Department of Building and Zoning Services requesting rezoning 23.04± acres from CPD, Commercial Planned Development District, to L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development has five foot-wide sidewalks, a pedestrian access strip referenced in section C.18 that is a minimum of 5 feet in width, and pedestrian signage or other safe pedestrian means (such as texturized pavement, stripping) at the entrance to the development; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development Districts will allow multi-unit residential and limited commercial development that is consistent with the surrounding development. Staff supports zoning almost half of the existing CPD District for multi-unit residential development considering the predominance of multi-unit residential uses in the area, and that the property has remained undeveloped since it was commercially zoned in 2000; 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:
5070 HAYDEN RUN ROAD (43016), being 23.04± acres located at the northwest corner of Hayden Run Road and Edwards Farms Drive, and being more particularly described as follows:
SUBAREA 1
10.387 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 2418, being part of that 23.197 acre tract conveyed as Parcel One to Casto-Edwards Hayden Run Limited by deed of record in Instrument Number 201106020069379 and all of a remainder of that 16.529 acre tract conveyed to Broadway Condominiums, LLC by deed of record in Instrument Number 200509200195920 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), being more particularly described as follows:
BEGINNING, for reference, in the northwesterly right-of-way line of Edwards Farms Road at the corner common to a remainder of said 16.529 acre tract and "Broadway Condominium", a condominium of record in Condominium Plat Book 173, Page 1;
thence South 32° 55' 08" West, a distance of 22.99 feet to a point on the arc of a curve in said right-of-way line, being the TRUE POINT OF BEGINNING;
thence with said northwesterly right-of-way line, with said curve to the left, having a central angle of 44° 59' 15", a radius of 550.00 feet, an arc length of 431.85 feet and a chord bearing and distance of South 09° 13' 38" West, 420.84 feet to a point;
thence South 78° 34' 08" West, across said 23.197 acre tract, a distance of 857.30 feet to a point in the easterly limited access right-of-way line of Interstate Route 270;
thence North 11° 38' 27" West, with said easterly limited access right-of-way line, a distance of 464.44 feet to a point at the southwesterly corner of a remainder of said 16.529 acre tract;
thence North 72° 30' 28" East, with the southerly line of a remainder of said 16.529 acre tract, "Broadway Condominium 10th Amendment", a condominium of record in Condominium Plat Book 220, Page 38, "Broadway Condominium 1st Amendment", a condominium of record in Condominium Plat Book 187, Page 86 and "Broadway Condominium", a distance of 703.28 feet to a point on the arc of a curve, being a northwesterly corner of a remainder of said 16.529 acre tract;
thence with a southwesterly line of a remainder of said 16.529 acre tract, with the arc of said curve to the left, having a central angle of 53° 48' 00", a radius of 202.50 feet, an arc length of 190.14 feet and a chord bearing and distance of South 76° 30' 00" East, 183.24 feet to a point of reverse curvature;
thence continuing with a southwesterly line of the remainder of said 16.529 acre tract, with the arc of said curve to the right, having a central angle of 51° 54' 30", a radius of 169.25 feet, an arc length of 153.34 feet and a chord bearing and distance of South 77° 32' 06" East, 148.15 feet to a point;
thence South 51° 46' 46" East, with said southwesterly line, a distance of 10.08 feet to the TRUE POINT OF BEGINNING, containing 10.387 acres, more or less.
THE ABOVE DESCRIPTION IS BASED ON BASED ON RECORD INFORMATION AND IS NOT TO BE USED FOR TRANSFER.
To Rezone From: CPD, Commercial Planned Development District
To: L-AR-O, Limited Apartment Residential Office District
SUBAREA 2
12.648 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 2418, being part of that 23.197 acre tract conveyed as Parcel One to Casto-Edwards Hayden Run Limited by deed of record in Instrument Number 201106020069379 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), being more particularly described as follows:
BEGINNING at the intersection of the northerly right-of-way line of Hayden Run Road with the easterly limited access right-of-way line of Interstate Route 270, being the southwesterly corner of said 23.197 acre tract;
thence North 11° 38' 10" West, with said easterly limited access right-of-way line, a distance of 665.79 feet to a point;
thence North 78° 34' 08" East, across said 23.197 acre tract, a distance of 857.30 feet to a point on a curve in the westerly right-of-way line of Edwards Farms Road;
thence with said westerly right-of-way line, with said curve to the left, having a central angle of 03° 29' 49", a radius of 550.00 feet, an arc length of 33.57 feet and a chord bearing and distance of South 15° 00' 54" East, 33.56 feet to a point;
thence continuing with said westerly right-of-way line, the following courses and distances:
South 16° 45' 31" East, a distance of 359.99 feet to a point;
South 16° 44' 50" East, a distance of 68.71 feet to a point;
South 73° 01' 28" West, a distance of 9.93 feet to a point;
South 16° 45' 35" East, a distance of 117.91 feet to a point;
South 28° 21' 18" West, a distance of 7.16 feet to a point in the northerly right-of-way line of Hayden Run Road;
Thence South 73° 14' 44" West, with said northerly right-of-way line, a distance of 228.60 feet to a point;
Thence South 73° 23' 13" West, continuing with said northerly right-of-way line, a distance of 668.40 feet to the POINT OF BEGINNING, containing 12.648 acres, more or less.
THE ABOVE DESCRIPTION IS BASED ON BASED ON RECORD INFORMATION AND IS NOT TO BE USED FOR TRANSFER.
To Rezone From: CPD, Commercial Planned Development District
To: CPD, Commercial Planned Development District
SECTION 2. That a Height District of sixty (60) feet is hereby established on the L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development 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 change on the said original zoning map and shall register a copy of the approved L-AR-O, Limited Apartment Residential Office, and CPD, Commercial Planned Development Districts and Application among the records of the Department of Building and Zoning Services as required by Sections 3311.12 and 3370.03 of the Columbus City Codes; said plan being titled, "SITE PLAN," and text titled, " TEXT," both dated June 5, 2012, signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
TEXT
PROPOSED DISTRICTS: L-ARO, CPD
PROPERTY ADDRESS: 5070 Hayden Run Road
OWNER: Casto - Edwards Hayden Run Limited
APPLICANT: Casto - Edwards Hayden Run Limited
DATE OF TEXT: June 5, 2012
APPLICATION: Z12-017
1. INTRODUCTION: Within the suburban context, planning standards should promote higher density living. In particular, increased density should be encouraged where infrastructure such as roadways, support services, leisure activities, and working environments currently exist. The applicant's property is a site that although suburban in proximity and location possesses several urban characteristics. The site is adjacent to a major regional mall, interstate highway, a primary arterial roadway. Moreover, within a mile radius of the site exists as much office space as that of downtown Columbus. This site is clearly urban and a piece of property that should be developed at higher densities.
SUBAREA1. L-ARO
2. PERMITTED USES: Those uses permitted in Section 3333.04 (1), (2), (17) (ARO, Apartment Residential) of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3333 (Apartment Districts) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements
1. The building setback except for garages shall be 50 feet (setback for garages shall be 25 feet), from Edwards Farms Road.
2. Height District 60 feet with a maximum height of four stories.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. This subarea shall have one full access point to Edwards Farm Road.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The frontage along Edwards Farms Road shall be landscaped with one street tree per 40 feet of frontage and 2 deciduous and 2 ornamental trees per 100 feet of frontage. Except for the street trees, the other trees may be evenly spaced or grouped together.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. Building design:
a. Building materials will consist of primarily brick and vinyl siding
b. At least 25% of the dwelling units shall have a garage or a parking space underneath the building(s).
c. Detached garages shall have a pitched roof (minimum pitch 4/12)
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
N/A
F. Graphics and Signage Commitments
N/A
G. Miscellaneous
1. The amenities package for the site shall consist of at least a clubhouse and swimming pool.
2. The site may have gated interior access points.
3. All new sidewalks shall be a minimum of five feet in width.
4. Pedestrian signage or other safe pedestrian means (such as texturized pavement, stripping) shall be installed at the entrance to the development as approved by the Department of Public Service.
SUBAREA 2
2. PERMITTED USES FOR SUBAREA 2:
a. All uses contained in Sections 3356.03 (C-4, Commercial along with the sale of fuel and related products and car wash). The following uses shall be excluded:
Assembly hall
Billboard
Bowling alley
Carnivals in the parking lot
Electric substation
Funeral parlor
Motion picture theater
New/used automobile dealership
Skating rink
Testing laboratories
Entertainment facility with more than five game machines as defined in Section 559.01 (Amusement Devices) of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated 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 Requirements
1. The parking and building setback from Hayden Run Road shall be 75 and 100 feet respectively; the parking and building setback from Edwards Farms Road shall be 25 and 50 feet respectively; parking and building setback from north property line shall be 10 feet; and the parking and building setback from I-270 shall be 25 feet.
2. Building and pavement lot coverage shall not exceed 80% of the parcel.
3. The total building square footage permitted in this subarea shall be a maximum of 150,000 sq. ft. excluding the out parcels. Only one tenant shall exceed 50,000 square feet and that use shall have food sales as its principle use with a maximum size of 100,000 square feet.
4. No outparcel structure shall be more than 28 feet in height except for isolated architectural elements. For structures with pitched roofs this height limit shall be measured to the roof peak.
5. Height limit for the shopping center shall be 40 feet to the mid-point of any gabled roof or other isolated architectural element. Flat roof shall not exceed 35 feet in height.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. Along Hayden Run Road the most western access drive for this subarea shall be a left-in, right-in, and right-out drive (no left-out movement allowed). This access driveway will require that Hayden Run Road be widened to a three lane cross section to allow for a 250 foot eastbound left-turn lane at the developer's expense. The eastern access drive along Hayden Run Road for this subarea shall be a right-in, right-out drive.
2. The first full access drive north of Hayden Run Road, on Edwards Farms Road, shall be no closer than 575 feet to the centerline of Hayden Run Road. This subarea shall have a right-in, right-out access drive on Edwards Farms Road.
3. These traffic improvements may be modified with the approval of the Department of Public Service for the City of Columbus.
4. Prior to submission for zoning clearance the developer shall dedicate to the City of Columbus fifty feet from the centerline of Hayden Run Road.
5. No overnight parking or recreational vehicles shall be permitted in the parking lots. No overnight parking of semi-trucks shall be permitted on the site except in the loading areas.
6. Any loading space which is visible from I-270, Hayden Run or Edwards Farm Road, shall be screened to a height of eight (8) feet from ground level with either mounding, plant material, fencing, wall or a combination thereof. Plant material shall be a combination of deciduous and evergreen trees and shall have a winter opacity of at least 50% and a summer opacity of at least 70%.
7. Traffic signalization at public street intersections shall be at the expense of the City of Columbus; the developer shall pay a proportional share of said costs when a private drive intersects a signalized intersection.
8. The developer shall pay for a traffic signal at Shannon Heights Boulevard and Hayden Run Road if and when that signal is warranted.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. A tree row shall be installed within the setback areas along I-270, and Edwards Farms Road containing one tree for every 40 feet of roadway frontage. Trees may be grouped or evenly spaced.
2. Each parcel shall provide a five (5) foot wide grass/landscaped strip between its parcels parking lot and the adjacent parcels parking lot (i.e., total of ten feet between the parcels) except at access points to visually break up the areas of parking. No strip shall be required where there is a parking setback. No strip shall be required in the area between this subarea and the multi-family to the north.
3. Any portion of a lot upon which a building or parking area is not constructed shall be landscaped and/or seeded or sod.
4. Street trees on each side of an entry drive shall be setback twenty feet from the curb to accentuate the entry/exit points.
5. Shrub plantings shall be massed or clustered in beds rather that singular shrub plantings.
6. No chain link or wire fences shall be permitted.
7. A three-foot high screen comprised of mounding and/or landscaping is required to screen any outparcel area from an adjacent access drive.
8. The landscaping requirement in this section may be combined together so long as the total number of trees planted and the height of the screening meet all requirements of this section.
9. The developer shall contribute to the City, a park fee of $400 per acre at the time of submission for zoning clearance for that portion of the site.
10. Within the 50 pavement setback along Edwards Farms Drive the developer shall install one (1) street tree per forty (40) feet of frontage and two (2) deciduous and two (2) ornamental trees per 100 feet of frontage. Except for the street trees, the other trees may be evenly spaced or grouped together.
11. Within the 75 foot parking setback along Hayden Run Road, the existing slope shall be maintained. The current grade shall be leveled off approximately 15'-18' from the 75 foot setback line and sloped back to meet the new grade at a 3:1 ratio. Within the 75 foot setback six deciduous shrubs shall be required per tree. The shade trees, ornamental trees and shrubs shall be planted randomly upon the crest and 10 feet forward (toward the right-of-way) in a hedgerow manner and rural in character. Additionally, two shade trees per 300 lineal feet shall be planted in the forward setback area.
12. Terraced stone shall be used to maintain the mounding in the areas adjacent to the curbcuts on Hayden Run Road for this subarea.
D. Architectural Requirements
1. The following architectural guidelines apply to all buildings within this subarea. All structures shall be designed to be architecturally compatible with each other by employing similar roof pitches, architectural details and be constructed of the same exterior building materials as the retail center. Exterior materials shall be either brick, stone or stone veneer or combination of the three along with accent materials listed in D.4 below. Large commercial and retail buildings shall incorporate elements and forms that reduce large masses into an assemblage of definable parts. A continuous roof elevation is prohibited. The roof mass shall be reduced by appropriately scaled dormers, lanterns, or cupolas. The scale of the main shopping center building(s) shall be aided through the use of articulated building elements such as porticoes, dormers, recesses, "punched window" openings or other such elements, which help break up the building mass. An example of use of these design features is the Avery Square in Dublin, Ohio.
2. Permitted roof style:
a. Pitched roofs with gabled or hipped ends
b. Glass roofs are acceptable in portions of a structure
c. Mansard roofs
d. Flat roofs are permitted but must utilize cornices. Flat roof profiles shall be permitted along the rear (I-270) building elevations. In lieu of a pitched roof, a decorative ERIS cornice or masonry detailing shall be provided.
3. Roof pitches on all retail and outlot buildings shall have a minimum pitch of 8:12 and all outlot building shall use the same roofing material as the retail center. Overhangs of at least 8" are suggested. Pitched roofs are not required on canopies that cover service facilities on outlots.
4. Permissible Building Materials: A single material selection for the independent building components of roof, wall and accents is required (e.g., composition slate roof with brick masonry wall with EIFS cornice and accents.) The permissible building materials are:
a. Brick
b. Stone
c. Stone veneer with limestone trim (limestone rubble in a coarse ashlar pattern)
d. Stucco or EIFS when accented with masonry
e. Cedar shakes or slate, or composition slate shingle, metal standing seam roof.
5. The building shall have the finished material on all four sides. Large expanses of rear wall shall be reduced through the use of various wall finishes included but not limited to EIFS, brick, or stone accent bands, EIFS cornices or other such details.
6. Prefabricated metal buildings and untreated masonry block structuresare prohibited.
7. Poured concrete exterior walls are prohibited.
8. The use of reflective or mirrored glass is prohibited.
9. In this subarea the longest and/or most predominant building façade shall face Edwards Farms Road.
10. The buildings on the outlot parcels adjacent to Hayden Run Road shall be oriented to Edwards Farms Road and sided to Hayden Run Road.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1. No beverage/vending machines shall be located outside of the building(s).
2. All utility lines including water supply, sanitary sewer service, electricity, telephone and gas, and their connections or feeder lines shall be placed underground.
3. No materials, supplies, equipment or products shall be displayed or permitted to remain on any portion of the parcel outside the permitted structure except for garden stores and cart corrals.
F. Site Lighting
1. Landscaping at entries to parking lots and buildings shall be uplighted by ground mounted concealed fixtures.
G. Signage, General Requirements
1. The developer shall submit a graphics plan to the City of Columbus under the C-4, Commercial standards and the Graphics Commission shall review the placement, form and design of the proposed graphics shown in the submitted graphics plan.
2. No off-premise graphic shall be permitted for the Mall at Tuttle Crossing.
H. Miscellaneous.
1. The property shall be developed in accordance with the submitted site plan. This plan may be slightly adjusted to reflect engineering, topographical or other site date developed at the time final development and engineering plans are completed. Any slight adjustment in the site plan shall be reviewed and may be approved by the Director, Department of Building and Zoning Services or his or her designee upon submission of the appropriate data regarding the proposed adjustment.
2. Pedestrian signage or other safe pedestrian means (such as texturized pavement, stripping) shall be installed at the entrance to the development as approved by the Department of Public Service.
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.