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File #: 2972-2023    Version: 1
Type: Ordinance Status: Passed
File created: 10/19/2023 In control: Zoning Committee
On agenda: 11/6/2023 Final action: 11/9/2023
Title: To rezone 8269 MARKET EXCHANGE DR. (43081), being 3.83± acres located on the south side of Lazelle Road, 240± feet east of Sancus Boulevard, From: L-C-3, Limited Commercial District, To: L-C-4, Limited Commercial District (Rezoning #Z23-040).
Attachments: 1. ORD2972-2023.Attachments, 2. ORD2972-2023.Labels

Explanation

 

Rezoning Application: Z23-040

 

APPLICANT:  2WDLZ LLC; c/o Michael Shannon, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.

 

PROPOSED USE:  Expand allowed commercial uses.

 

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on October 12, 2023.

 

CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.83± acre site consists of one parcel developed with a strip mall in the L-C-3, Limited Commercial District. The requested L-C-4 district will expand the allowed commercial uses. The limitation text includes appropriate use restrictions, and supplemental development standards addressing building setbacks, height restrictions, vehicular and pedestrian access, and right-of-way requirements. The request is compatible with the Far North Area Plan (2014) recommended land use of “Commercial (Community)” at this location. The proposal remains consistent with the surrounding zoning and development pattern along Lazelle Road.

 

Title

 

To rezone 8269 MARKET EXCHANGE DR. (43081), being 3.83± acres located on the south side of Lazelle Road, 240± feet east of Sancus Boulevard, From: L-C-3, Limited Commercial District, To: L-C-4, Limited Commercial District (Rezoning #Z23-040).

 

Body

 

WHEREAS, application #Z23-040 is on file with the Department of Building and Zoning Services requesting rezoning of 3.83± acres from L-C-3, Limited Commercial District, to L-C-4, Limited Commercial 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 requested L-C-4, Limited Commercial District is compatible with the adjacent commercial land uses and is consistent with the “Commercial (Community)” land use recommendation of the Far North Area 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:

 

8269 MARKET EXCHANGE DR. (43081), being 3.83± acres located on the south side of Lazelle Road, 240± feet east of Sancus Boulevard, and being more particularly described as follows:

 

3.83 ACRE TRACT:

 

Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 10 of the Partition Plat of the Scioto Land Company, Deed Book "A" page 194, destroyed by fire, as demonstrated in Survey Plat Book 3, pages 136-137 (on file in the Franklin County Engineer's Office). Description of said partition lots are recorded in Deed Book "A", pages 7 &14, Section 1 and being in the south part of a 7.360 acre tract presently owned by Lazelle Columbus Partners LP, as recorded in Instrument No. 200912230185465, and being more particularly described as follows:

 

Beginning, for reference, at Franklin County Monument No. 1435 in the Franklin County, Delaware County line at the centerline intersection of Lazelle Road and Sancus Boulevard, said centerline also being the north line of a 0.680 acre tract as delineated on the Dedication plat of Lazelle Road, Sancus Boulevard, Staffington Drive and Easement and recorded in Plat Book 70, page 55;

 

thence South 86° 36' 57'' East 250.00 feet, in the Franklin County, Delaware County line and the centerline of Lazelle Road, to a point;

 

thence South 03° 23' 03" West 50.00 feet, across said 0.680 acre tract and the west line of a 0.126 acre tract conveyed to the City of Columbus in Official Record 28998 G20, and an east line of a 0.116 acre tract also conveyed to the City of Columbus in Instrument No. 200110180239115, to an iron pipe found in the south line of said 0.126 acre tract, (being the south line of Lazelle Road), at a corner marking the northwest corner of said 7.36 acre tract also being the northeast corner of an original 1.484 acre tract presently owned by Chuang Properties LLC in Instrument Number 205260121639, marking the being the Principal Place of Beginning of the herein described 3.838 acre tract;

 

thence South 86° 36' 57" East 550.11 feet, in the south line of Lazelle Road, in the south line of said 0.126 acre tract and the north line of said 7.360 acre tract, to a 1" iron pipe found in the west line of a 5.000 acre tract presently owner by Mark R. and Joseph A. Ciminello in Official Record 7544G09;

 

thence South 03° 48' 48" West 404.76 feet, in the east line of said 7.360 acre tract and in the west line of said 5.000 acre tract, to an iron pin set;

 

thence the following four courses across said 7.360 acre tract:

 

(L1) North 43° 26' 09" West 107.92 feet, to an iron pin set

 

(L2) North 03° 48' 48" East 35.00 feet, to an iron pin set;

 

North 86° 40' 52" West 273.13 feet, to an iron pin set;

 

North 88° 00’ 33" West 155.62 feet, to an iron pin found marking the northeast comer of a 0.832 acre tract presently owned by Sancus Enterprises LLC, in Instrument No. 201303250049100;

 

thence North 86° 36' 57" West 39.94 feet, in the north line of said 0.832 acre tract, to an iron pipe found marking the southeast comer of said original 1.484 acre tract;

 

thence North• 03° 23' 03" East 300.00 feet, in the east line of said 0.832 acre tract, to the principal place of beginning, containing 3.873 acres.

 

Basis of bearings from GPS observation, (Ohio SPC North Zone) based on the south line of Lazelle Road being S 86° 36' 57” E.

A survey of the above described premises was done by Robert T. Patridge Jr., P.S. 7462, in June, 2015. All iron pipes set are 518" diameter, rebar, capped PATR/OGE SURVEYING.

All iron pipes found are 1• diameter.

All referenced documents are on file at the Franklin County Recorder's Office, Columbus, Ohio

 

EXCLUTING THEREFROM:

 

541 LAZELLE ROAD (43081), being 0.04± acres located 297± feet south of Lazelle Road, and 674± feet east of Sancus Boulevard, and being more particularly described as follows:

 

This is a description for New Par, dba Verizon Wireless, of a 0.040 acre Land Space, all out of that 3.873 acre tract of land owned by Lazelle Columbus Partners LP of record in Instrument 201510230150873, all references to records being on file in the Office of the Recorder, Franklin County, Ohio.

 

Situated in Farm Lot 10, Quarter 1, Township 2 North, Range 18 West, United States Military Lands, County of Franklin, State of Ohio, and being a 0.040 acre Land Space, all out of that 3.838 acre tract of land owned by Lazelle Columbus Partners LP of record in Instrument 201510230150873, said 0.040 acre Land Space being more particularly described as follows:

 

The Point of Reference being an iron pin found marking the northeast corner of said 3.838 acre tract, being the southeast corner of a ten foot wide parcel of land conveyed for right of way purposes to the City of Columbus in Official Record 28998 G20, being in the west line of a 4.73 acres tract conveyed to Mark R. & Joseph A. Ciminello in Official Record 4556 I20;

 

Thence from said Point of Reference, South 3°48’48” West, along the east line of said 3.838 acre tract, the west line of said 4.73 acre Ciminello tract, a distance of 404.76 feet to a point at the southeasterly corner of said 3.838 acre tract, being a northeasterly corner of the 3.522 acre residual of a 7.360 tract of land owned by 2WDLZ LLC, of record in Instrument 201507020089574;

 

Thence North 43°26’09” West, along a southerly line of said 3.838 acre tract, being a northerly line of said 3.522 acre residual, a distance of 107.92 feet to an iron pin set at a corner of said 3.838 and 3.522 acre tracts, and being the True Place of Beginning of the herein described 0.040 acre Land Space;

 

Thence North 03°48'48" East, along a line of said 3.838 acre tract, and said 3.522 acre residual, a distance of 35.00 feet to an iron pin set at a corner of said 3.838 acre tract, and said 3.522 acre residual;

 

Thence South 86°40'52" East, into said 3.838 acre tract, a distance of 50.00 feet to an iron pin set;

 

Thence South 03°48'48" West, a distance of 35.43 feet to an iron pin set;

 

Thence North 86°11'12" West, a distance of 50.00 feet to the True Place of Beginning. Containing 0.040 acres of land (1,761 square feet).

 

For the purpose of this description, a bearing of South 3°48’48” West was used on the easterly line of that 3.873 acre tract of land owned by Lazelle Columbus Partners LP of record in Instrument 201510230150873. Said bearing being determined by GPS observations and values as provided by the Government of the United States of America, through the Department of National Geodetic Survey

 

To Rezone From:  L-C-3, Limited Commercial District,

 

To: L-C-4, Limited Commercial District.

 

SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 change on the said original zoning map and shall register a copy of the approved L-C-4, Limited Commercial 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 text titled, “LIMITATION TEXT,” dated October 18, 2023, signed by Michael Shannon, Attorney for the Applicant, and the text reading as follows:

 

LIMITATION TEXT

 

APPLICATION: Z23-040

Location: 8269 MARKET EXCHANGE DR. (43081), being 3.83± acres located on the south side of Lazelle Road, 240± feet east of Sancus Boulevard (610-295562; Far North Columbus Communities Coalition).

Existing Zoning: L-C-3, Limited Commercial District.

Request: L-C-4, Limited Commercial District (H-35).

Proposed Use: Expand permitted commercial uses.

Applicant(s): 2WDLZ LLC; c/o Michael Shannon, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.

Property Owner(s): 2WDLZ LLC; 10 North High Street, Suite 401; Columbus, OH 43215.

Date of Text: October 18, 2023

 

I. Introduction:

 

This site is located on the north side of Columbus, on the south side of Lazelle Road, and east of Sancus Boulevard. The site is already developed with a 28,000 square foot building constructed in 2004 which provides a mix of commercial uses. The Applicant does not propose any new development. Rather, the Applicant submits this rezoning application to expand the site’s permitted commercial uses from C-3 commercial uses to limited C-4 commercial uses. Also, the site and the building itself are divided by two separate zoning districts. So, this rezoning will clean up the site’s entitlements and place it under a single zoning district.

 

The Applicant is committed to the uses and development standards within this Limitation Text.

 

II. Permitted Uses:

 

A. Those uses permitted by Section 3356.03, C-4 Commercial District of the Columbus City Zoning Code shall be permitted, excluding those uses listed within Section II. B. of this Limitation Text.

 

B. The following uses are explicitly prohibited: Ohio Medical Marijuana Control Program Retail Dispensary; Missions/Temporary Shelters; Pawn Brokers.

 

III. Development Standards:

 

Unless otherwise indicated in this text or Zoning Exhibit, the applicable development standards are contained in Chapter 3356, C-4 Commercial District of the Columbus City Code.

 

A. Density, Height, Lot, and/or Setback Commitments:

 

The minimum building setback from Lazelle Road shall be 60 feet.

 

B. Access, Loading, Parking and/or other Traffic Related Commitments:

 

1. All access points shall be subject to review and approval by the Division of Traffic Management.

 

2. Right of way shall be dedicated to the City of Columbus 60 feet from the centerline of Lazelle Road.

 

3. A pedestrian connection shall be installed connecting the Lazelle Road sidewalk to the building. The location the pedestrian connection shall be subject to review and approval from the Department of Public Service, Division of Traffic Management.

 

C. Buffering, Landscaping, Open Space, and/or Screening Commitments:

 

N/A

 

D. Building Design and/or Exterior Treatment Commitments:

 

N/A

 

E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments:

 

N/A

 

F. Graphics and/or Signage Commitments:

 

All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.

 

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.