Explanation
Rezoning Applicantion Z03-046
APPLICANT: Dominion Homes, Inc.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Commercial and Single-family Residential Development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 13, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the CPD, Commercial Planned Development and PUD-8, Planned Unit Development Districts to develop a retail-commercial center and 199 single-family dwellings. The site lies within Area E.1. of the Far North Area Plan, which follows Orange Township recommendation of commercial and light manufacturing uses. The commercial component of this request is consistent with the plan's recommendation. Although residential land use is not recommended by the plan, a deviation from this recommendation is warranted due to the established development trend of the North High Street Corridor and the adjacent single-family land-uses to the north and east. North High Street has consistently developed with commercial uses along its frontage and residential uses to the rear.
Title
To rezone 8754 NORTH HIGH STREET (43215), being 47.55± acres located on the east side of North High Street, 1540± feet north of Lazelle Road, From: R, Rural District, To: CPD, Commercial Planned Development and PUD-8, Planned Unit Development Districts.
Body
WHEREAS, application #Z03-046 is on file with the Building Services Division of the Department of Development requesting rezoning of 47.55± acres from R, Rural District, to 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 because the applicant requests the CPD, Commercial Planned Development and PUD-8, Planned Unit Development Districts to develop a retail-commercial center and 199 single-family dwellings. The site lies within Area E.1. of the Far North Area Plan, which follows Orange Township recommendation of commercial and light manufacturing uses. The commercial component of this request is consistent with the plan's recommendation. Although residential land use is not recommended by the plan, a deviation from this recommendation is warranted due to the established development trend of the North High Street Corridor and the adjacent single-family land-uses to the north and east. North High Street has consistently developed with commercial uses along its frontage and residential uses to the rear, 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:
8754 NORTH HIGH STREET (43215), being 47.55± acres located on the east side of North High Street, 1540± feet north of Lazelle Road, and being more particularly described as follows:
DESCRIPTION OF A 16.745 ACRE TRACT
LOCATED NORTH OF LAZELLE ROAD
AND EAST OF U.S. ROUTE 23
ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO
Situate in the State of Ohio, County of Delaware, Township of Orange, lying in Farm Lot 7 and 8 of Section 3, Quarter Township 3 North, Range 18 West, United States Military District, being part of a 7.626 acre tract conveyed to Orange Investment Company by deed of record in Deed Book 506, Page 12, and part of a 34.761 acre tract conveyed to Orange Investment Company, by deed of record in Deed Book 506 Page 10, all records herein of the Recorder's Office, Delaware County, Ohio and being more particularly described as follows:
BEGIN FOR REFERENCE, at a the northwest corner of Lot 94 as shown and delineated on the record plat of O.W. ROLL SUBDIVISION, a subdivision of record in Plat Book 4, Page 303,the northeast corner of a 7.581 acre tract conveyed to Jomar by deed of record in Deed Book 522, Page 480 and the south line of a 68.274 acre tract conveyed to Clarence G. Issenmann, Bishop of the Diocese of Columbus by deed of record in Deed Book 294, Page 258, of which being changed to James A. Griffin, Bishop of the Roman Catholic Diocese of Columbus, in the Affidavit of Succession of the Roman Bishops of Columbus, of record in Deed Book 380, Page 613 and/or Deed Book 468, Page 197;
Thence North 87°26'32" West, a distance of 602.35 feet, along the line common to said 67.581 acre tract and said 68.274 acre tract to a point;
Thence the following two (2) courses and distances along the north line of said 7.626 acre tract:
1. North 67°03'44" West, a distance of 387.40 feet, to a point;
2. North 60°58'44" West, a distance of 137.71 feet, to the POINT OF TRUE BEGINNING;
Thence the following three (3) courses and distances over and across said 7.626 acre tract and said 34.761 acre tract:
1. Along a curve to the right, having a central angle of 29°19'31", a radius of 280.00 feet, an arc length of 143.31 feet, a chord which bears South 52°05'14" West, a chord distance of 141.75 feet, to a point;
2. South 35°37'26" East, a distance of 326.79 feet, to a point;
3. South 02°21'51" West, a distance of 802.32 feet, over and across said 7.626 acre tract and said 34.761 acre tract, to a point in the north line of a 5.13 acre tract conveyed to Rennob Inc.;
Thence North 87°38'09" West, a distance of 482.22 feet, along the line common to said 34.761 acre tract and said 5.13 acre tract, to a point in the easterly right-of-way line of U.S. Route 23;
Thence North 03°01'06" West, a distance of 1551.56 feet, along the easterly right-of-way line of said U.S. Route 23, to a point in the north line of said 7.626 acre tract;
Thence the following four (4) courses and distances along the north lines of said 7.626 acre tract:
1. South 78°14'44" East, a distance of 230.21 feet, to a point;
2. South 67°51'04" East, a distance of 187.24 feet, to a point;
3. South 17°07'11" East, a distance of 291.85 feet; to a point;
4. South 60°58'44" East, a distance of 38.17 feet, to the POINT OF TRUE BEGINNING, containing 16.745 acres, more or less.
The above description was prepared from record information only and not an actual field survey; intended for zoning purposes only, not for transfer.
The bearings given in the above description are based on the grid bearing of North 87°26'32" West, for the north line of THE WOODS OF OLENTANGY SECTION 3, PART 2, as established by a network of GPS observations performed in January, 2002.
To Rezone From: R, Rural District,
To: CPD, Commercial Planned Development District.
DESCRIPTION OF A 30.807 ACRE TRACT
LOCATED NORTH OF LAZELLE ROAD
AND EAST OF U.S. ROUTE 23
ORANGE TOWNSHIP, DELAWARE COUNTY, OHIO
Situate in the State of Ohio, County of Delaware, Township of Orange, lying in Farm Lot 7 and 8 of Section 3, Quarter Township 3 North, Range 18 West, United States Military District, being part of a 34.761 acre tract conveyed to Orange Investment Company by deed of record in Deed Book 506, Page 10, part of a 7.626 acre tract conveyed to Orange Investment by deed of record in Deed Book 506 Page 12 and all of a 7.581 acre tract conveyed to Jomar by deed of record in Deed Book 522, Page 480, all records herein of the Recorder's Office, Delaware County, Ohio and being more particularly described as follows:
BEGINNING at a point at the northwest corner of Lot 94, as shown and delineated on the record plat of O.W. ROLL SUBDIVISION, a subdivision of record in Plat Book 4, Page 303 and at the northeast corner of said 7.581 acre tract and said point also being in the south line of a 68.274 acre tract conveyed to Clarence G. Issenmann, Bishop of the Diocese of Columbus, by deed of record in Deed Book 294, Page 258, of which being changed to James A. Griffin, Bishop of the Roman Catholic Diocese of Columbus, in the Affidavit of Succession of the Roman Bishops of Columbus, of record in Deed Book 380, Page 613 and/or Deed Book 468, Page 197;
Thence South 01°22'22" West, a distance of 1317.17 feet, along the line common to said 7.581 acre tract and said O.W. ROLL SUBDIVISION, to a point at a common corner of said 7.581 acre tract and a 4.03 acre tract conveyed to Donald E. and Barbara J. Craven;
Thence North 87°38'09" West, a distance of 863.01 feet, along the line common to said 7.581 acre tract, said 34.761 acre tract, said 4.03 acre tract, a 6.81 acre tract conveyed to The Chakroff Family Limited Partnership, and a 3.92 acre tract conveyed to Joseph L. Krejsa, to a point at a common corner of said 34.761 acre tract and a 5.13 acre tract conveyed to Rennob Inc.
Thence North 02°58'29" West, a distance of 367.00 feet, along a line common to said 34.761 acre and said 5.13 acre tracts, to a point at a common corner said 34.761 acre tract and said 5.13 acre tract;
Thence North 87°38'09" West, a distance of 120.74 feet, along the line common to said 34.761 acre tract and said 5.13 acre tract, to a point;
Thence the following three (3) courses and distances over and across said 34.761 acre tract and said 7.626 acre tract:
1. North 02°21'51" East, a distance of 802.32 feet, to a point;
2. North 35°37'26" West, a distance of 326.79 feet, to a point;
3. Along a curve to the left, having a central angle of 29°19'31", a radius of 280.00 feet, an arc length of 143.31 feet, a chord which bears North 52°05'14" East, a chord distance of 141.75 feet, to a point in the north line of said 7.626 acre tract;
Thence the following two (2) courses and distances along the north lines of said 7.626 acre tract:
1. South 60°58'44" East, a distance of 137.71 feet, to a point;
2. South 67°03'44" East, a distance of 387.40 feet, to a point;
Thence South 87°26'32" East, a distance of 602.35 feet, along the north lines of said 34.761 acre tract and said 7.581 acre tract, to the POINT OF BEGINNING, containing 30.807 acres, more or less.
The above description was prepared from record information only and not an actual field survey; and intended for zoning purposes only, not for transfer.
The bearings given in the above description are based on the grid bearing of North 87°26'32" West, for the north line of THE WOODS OF OLENTANGY SECTION 3, PART 2, as established by a network of GPS observations performed in January, 2002.
R.D. ZANDE & ASSOCIATES, INC.
To Rezone From: R, Rural District,
To: PUD-8, Planned Unit Development District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development and PUD-8, Planned Unit Development Districts 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 and PUD-8, Planned Unit Development Districts and Application among the records of the Building Services Division as required by Sections 3311.12 and 3311.09 of the Columbus City Codes; said plans being titled, "PUD DEVELOPMENT PLAN" and "CPD SITE PLAN", both signed by Jeffrey L. Brown, attorney for the Applicant, and dated November 25, 2003 and text titled, "CPD TEXT", signed by Jeffrey L. Brown, attorney for the Applicant, and dated November 21, 2003, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD Commercial Planned District
PROPERTY ADDRESS: 8754 North High Street
OWNER: Orange Investment Company et al
APPLICANT: Dominion Homes, Inc. et al
DATE OF TEXT: 11/21/03
APPLICATION NUMBER: Z03-046
1. INTRODUCTION: The site is in the process of being annexed into the City of Columbus. Development of the site will include an access road generally from west to east across the site substantially as shown on the site plan filed with this Text. Development of this site may also include a service road extending south from the access road all or any part of the way to the south property line. If the service road is developed, it may be public or private.
2. PERMITTED USES: Those uses permitted in Sections 3356.03 C-4, Commercial and 3357.01 C-5 of the Columbus City Code. Building and other structures used for uses permitted in Section 3357.01 shall be located within 275 feet of the east right of way line of High Street. Maximum number of C-5 uses: three. Billboards shall be prohibited.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or site plan the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
A. Density, Lot, and/or Setback Commitments.
1. The building setback from High Street shall be fifty feet from the proposed right of way line (said proposed right of way line being eighty feet from the existing centerline) except for pump island canopies which shall have a building setback of twenty-five feet. The parking setback from High Street shall be twenty-five feet from the proposed right of way line (said proposed right of way line being eighty feet from the existing centerline).
2. The building and parking setback from the east and north property lines, north of the access road shall be twenty-five feet; building setback from the east property line south of the access road shall be twenty feet and the parking setback from the east property line south of the access road shall be five feet; building setback from the south property line south of the access road shall be ten feet and the parking setback from said south line shall be five feet.
3. If the service road is developed as a private street, the parking setback from the service road will be five feet.
4. Minimum required side yard shall be ten feet, and parking and drive aisles may extend five feet into the required side yard.
5. Except as otherwise provided in item 3.A.2 above, the minimum required rear yard shall be ten feet, and parking and drive aisles may extend five feet into the required rear yards.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All curb cuts and access points shall be subject to the approval of the ODOT, and the Division of Transportation.
2. The location of the east-west access road across, and the right in / right out curb cut into, the subject property as shown on the site plan are approximate and may be adjusted subject to approval of ODOT and the Division of Transportation.
3. If the service road is developed, the location and configuration of the service road will be subject to approval of the Division of Transportation and the Division of Fire.
4. The centerline of all vehicular access to the subject property from said east-west access road shall be located at least two hundred (200) feet east of the east right of way line of High Street, as measured along the right of way line of said access road.
5. The PUD site plan shows an emergency access point adjacent to the southeast corner of the CPD tract. When the CPD tract is developed, the fire access layout for the commercial uses shall connect to the PUD's emergency access point. This connection shall have breakaway bollards across the pavement and shall be constructed at the time of the development of the CPD tract. Access to the CPD tract shall be from the public street access road off of State Route 23 in the northerly part of the site and a right-in / right-out from State Route 23 located at the approximate mid point between said public streetaccess road and the south end of the CPD tract.
6. The property owner shall dedicate to the City of Columbus at no cost eighty feet from the centerline of High Street at the time of the submittal for zoning clearance or when requested to by the City's Division of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Landscaping in a coordinated plan shall be installed in the parking setback along High Street. For each two hundred (200) feet of High Street frontage, that landscaping shall consist of not less than the following:
a. Five (5) street trees an average of one street tree per forty (40) feet of High Street frontages of that parcel;
b. Twenty-Four (24) shrubs an average of twelve (12) shrubs per one hundred (100) feet of High Street frontage of that parcel; and
c. Earth mounding a minimum of three (3) feet in height having a slope not in excess of 3:1, along the entire High Street frontage, except at street intersections and curb cuts .
The landscaping required by this item 3.C.1 shall be installed on each parcel having frontage on High Street not later than the time that parcel develops. Although the trees and shrubs required by this item 3.C.1 are not required to be evenly spaced, any grouping of those materials shall be designed in such a way as to balance the goals of (i) providing such landscaping materials over an extended portion of the frontage and (ii) achieving aesthetically pleasing groupings of those materials.
2. Along the east property line of this CPD property, from the south property line to the said access road, the buffering between the CPD property and the PUD-8 property which is also part of this case is to be provided on the PUD-8 property as shown on the PUD plan. The owner of this CPD property shall have no obligation under this Text for the installation, maintenance or replacement of the fence or landscape materials constituting that buffering and shall not be required to satisfy the requirements of Section 3342.17, Columbus City Codes, along that property line.
3. Within the parking setback along the said access road, the developer shall install a continuous 30" hedge, mound or wall individually or in any combination thereof to screen the automobile headlights at all parking lots along that street. Street trees shall be planted evenly spaced or grouped along said access road at a ratio of one (1) street tree per forty (40) feet of frontage on each separate frontage parcel as that parcel develops.
4. All trees and landscaping installed on the subject property pursuant to this text shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
5. All trees meet the following minimum size at the time of planting:
Shade trees 2 1/2" caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
6. The property owner in consultation with the city's forester will make a reasonable effort to retain a reasonable number of existing trees in excess of six (6) inches in caliper located within the following areas on the subject property; (a) the area that is within one hundred (100) feet of High Street and twenty (20) feet of the south property line; and (b) the area that is within one hundred (100) feet of High Street and twenty-five (25) feet of the north property line. For each tree in excess of six (6) inches in caliper which is removed from the area described in (a), one shade tree shall be installed within that area. Only the respective owners of the areas described in (a) and (b) shall be responsible for the obligations under this item 3.C.6 with respect to the respective areas owned by them.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from ground level at the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened to the height of the equipment by landscaping or any fence or wall utilizing comparable or compatible materials as the building materials.
2. Building materials shall consist of any combination of brick, natural or man-made stone, stucco, wood, or glass, and other materials may be utilized for accents or windows. In addition, any wall which satisfies all of the following criteria (a A Non-Essential Wall) may include natural or painted block of a color to blend with the principal color of materials used on other walls of the same building: the wall does not face a public street; the wall does not include a public entrance; and the wall is part of a building containing more than seven thousand (7,000) square feet of floor space. Also, metal facade materials may be utilized as follows:
a. Up to twenty-five percent (25%) of the surface area of any building elevation may be aluminum, stainless steel, copper, brass, bronze, any metal with a baked enamel finish or any combination of the foregoing; and
b. Those portions of building facades which satisfy both of the following criteria may be metal without regard to type of metal, finish or percentage of elevation: (i) located more than two hundred (200) feet from High Street and (ii) either located at an angle of more than eighty (80) degrees to High Street or face away from High Street.
3. Walls, other than Non-Essential Walls, exceeding 40' in length will have one or more pilasters, windows, or other architecture features to provide visual interest along otherwise long expanses of uninterrupted wall.
4. Buildings having seven thousand (7,000) square feet or less of gross floor area shall have gabled or hip roofs, although flat roofs architecturally compatible with the remainder of the building may be utilized in small areas to provide architecture interest. Buildings having more than seven thousand (7,000) square feet of gross floor area may have gabled or hip roofs as described above or may have flat roofs if the same are surrounded by a false mansard or a decorative parapet. Any decorative parapet must include substantial 3-dimensional ornamentation to provide a band of separate architectural interest at the top of the building facade. Each decorative parapet must be of a height sufficient to screen rooftop mechanical equipment from view from ground level at the property line of the parcel on which the parapet is located.
5. Roof materials for pitched roofs shall consist of architectural asphalt shingles, wood shake, natural or man-made slate, tile, or standing seam metal.
6. Building will have a similar level of finish on all four elevations, except on Non-Essential Walls.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
3. Accent lighting shall be permitted provided such light source is concealed.
4. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
5. Canopy lighting for gasoline sales areas shall be recessed.
6. Light poles in the parking lots shall not exceed twenty-eight feet except for those light poles which are located within 100 feet of residentially zoned property which shall have a maximum height of eighteen feet. The intensity of light from those lower poles shall not exceed .1 foot - candles on the horizontal plane at the property line on adjacent residentially-zoned property. Screening may be utilized to so limit that lighting intensity.
7. Outdoor Display Areas for a convenience store shall be limited to the following areas:
a) In front (that is, the side having the main entrance) of the building along the sidewalk, four feet in depth and twelve feet in width with a 4' x 4' area at the ends of the pump islands.
b) The maximum height for any outside storage area shall be three feet.
c) The outdoor display area shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, firewood, mulch, flowers, Christmas wreaths.
Outdoor Display Areas for garden stores or garden departments of other stores shall be limited to fenced outdoor areas and the area described in the next sentence. Outdoor Display Areas for all other stores shall be limited to the front (that is, the side having the main entrance) of the building to a depth of four (4) feet from the building.
F. Graphics and/or Signage Commitments.
1. All graphics and signage for each use on the subject property shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4, Commercial classification or the C-5, Commercial classification (depending on the classification of the particular use), and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The developer shall install a sidewalk along the High Street frontage in accordance with city specifications and ODOT 's requirements when and as required by Code and regulations as if High Street were in the City.
2. The developer shall comply with the parkland dedication ordinance by paying the City a fee of $400/acre.
3. Parcels shall not be required to have frontage on a dedicated public street so long as adequate access is provided by recorded easements.
4. CPD Criteria.
a) NATURAL ENVIRONMENT The site is an existing farm field.
b) EXISTING LAND USES To the north a cemetery and undeveloped ground; to the east residential; to the west High Street and to the south commercial development.
c) TRANSPORTATION AND CIRCULATION Access to the site shall be via High Street and an internal street to the north.
d) VISUAL FORM OF THE DEVELOPMENT The site shall be developed in accordance with
the zoning text.
e) VIEW AND VISIBILITY In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
f) PROPOSED DEVELOPMENT Commercial as permitted under this text.
g) EMISSIONS No adverse affects from emissions shall result from the proposed development.
h) BEHAVIOR PATTERNS The proposed development would serve the growing Columbus residential population as well as the motorists who use High Street to get their place of employment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.