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File #: 0429-2014    Version:
Type: Ordinance Status: Passed
File created: 2/13/2014 In control: Zoning Committee
On agenda: 3/31/2014 Final action: 4/3/2014
Title: To rezone 6490 HARLEM ROAD (43054), being 16.4± acres located on the east side of Harlem Road, 342± feet south of Central College Road, From: R, Rural District, To: PUD-8, Planned Unit Development District and to declare an emergency (Rezoning # Z05-079).
Attachments: 1. ORD0429-2014Attachments, 2. Notice Of Public Hearing - Council Mtg20140331
Explanation
 
Rezoning Application Z05-079
 
APPLICANT:  Sugar Run at New Albany Park, Ltd; c/o Michael T. Shannon,  Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
      
PROPOSED USE:  Multi-unit residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on January 9, 2014.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested PUD-8, Planned Unit Development District, will permit 102 multi-unit residential units with 5.3 acres of provided open space and a net density of 6.4± units/acre.  The site is located within the boundaries of the Rocky Fork/Blacklick Accord (2003), which recommends "Village Residential" development for the site.  The proposal received a recommendation of approval from the RFBA review panel on March 18, 2010.  The PUD plan and notes provide customary development standards and adequate buffering, screening, and tree preservation throughout the site.  The request is consistent with the Rocky Fork/ Blacklick Accord with respect to land use recommendations, and with the zoning and development patterns of the area.  
 
Title
 
To rezone 6490 HARLEM ROAD (43054), being 16.4± acres located on the east side of Harlem Road, 342± feet south of Central College Road, From: R, Rural District, To: PUD-8, Planned Unit Development District and to declare an emergency (Rezoning # Z05-079).
 
Body
 
WHEREAS, application #Z05-079 is on file with the Department of Building and Zoning Services requesting rezoning of 16.4± acres from R, Rural District, to the PUD-8, Planned Unit Development 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 PUD-8, Planned Unit Development District, which will permit 102 multi-unit residential units with 5.3 acres of provided open space,  provides customary development standards and adequate buffering, screening, and tree preservation throughout the site.  The request is consistent with the Rocky Fork/ Blacklick Accord (2003) with respect to land use recommendations, and with the zoning and development patterns of the area; 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:
 
6490 HARLEM ROAD (43054), being 16.4± acres located on the east side of Harlem Road, 342± feet south of Central College Road, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of the remainder of that 28.528 acre tract conveyed to Sugar Run At New Albany Park, LTD. by deed of record in Instrument Number 200506010105555, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
 
Beginning, for reference, at Franklin County Geodetic Survey monument number 5574 found at the centerline intersection of Central College Road (variable width) with Harlem Road (variable width), being the northwesterly corner of said 28.528 acre tract;
      
Thence South 05° 44' 14" East, with the centerline of said Harlem Road, the westerly line of said 28.528 acre tract, a distance of 341.89 feet to a magnetic nail set, the TRUE POINT OF BEGINNING;
 
Thence South 86° 09' 36" East, across said 28.528 acre tract, a distance of 565.84 feet to an iron pin set in the westerly line of that 7.515 acre tract conveyed to Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints by deed of record in Instrument Number 200706180105427;
 
Thence with the line common to the remainder of said 28.528 acre tract and said 7.515 acre tract, the following courses and distances:
 
South 03° 50' 24" West, a distance of 562.84 feet to an iron pin set;
 
South 86° 09' 36" East, a distance of 330.98 feet to an iron pin set;
 
North 03° 50' 24" East, a distance of 250.00 feet to an iron pin set; and
 
South 86° 09' 36" East, a distance of 100.00 feet to an iron pin set in the westerly line of that 38.118 acre tract conveyed to New Albany Apartments, LLC by deed of record in Instrument Number 201110130130804;
 
Thence with the line common to said 28.528 and 38.118 acre tracts, the following courses and distances:
 
South 05° 42' 49" East, a distance of 277.92 feet to an iron pin set;
 
South 86° 05' 32" East, a distance of 236.10 feet to an iron pin set; and
 
South 05° 44' 42" East, a distance of 374.24 feet to an iron pin set at the northeasterly corner of that 5 acre tract conveyed to New Albany Montessori School by deed of record in Instrument Numbers 200510180219783 and 200608300172535;
 
Thence North 86° 11' 49" West, with the line common to said 28.528 and 5 acre tracts, a distance of 954.97 feet to an iron pin set at the southeasterly corner of that 0.510 acre tract conveyed to David L. Bradford and Linda H. Wright by deed of record in Instrument Number 199707310059438;
 
Thence North 05° 44' 14" West, with a westerly line of said 28.528 acre tract, the easterly line of said 0.510 acre tract and that 1 acre tract conveyed to Phyllis E. Payne by deeds of record in Official Record 25026F07 and Instrument Number 201003310038470, a distance of 297.03 feet to an iron pin set;
 
Thence North 86° 05' 32" West, with the line common to said 28.528 and 1 acre tracts, a distance of 225.00 feet to a magnetic nail set in the centerline of said Harlem Road;
 
Thence North 05° 44' 14" West, with the centerline of said Harlem Road, the westerly line of said 28.528 acre tract, a distance of 673.04 feet to the TRUE POINT OF BEGINNING, containing 16.414 acres, more or less.  Of said 16.414 acres, 7.902 acre is part of PID: 010-273451 (of which 0.409 acre is within the present right-of-way of Harlem Road) and 8.512 acre is part of PID: 010-249767 (of which 0.054 acre is within the present right-of-way of Harlem Road).  
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
This description is based on a survey performed by EMH&T in February 2007 and re-traced in November 2013.
 
Iron pins set and iron pins set previously, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
 
Bearings are based on the Ohio State Plane Coordinate System as per NAD83 (1986 adjustment).  Control for bearings was from coordinates of monuments Frank 5574 & Frank 5113, with a portion of Central College Road having a bearing of South 86° 09' 36" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
 
 
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 PUD-4, Planned Unit Development 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 PUD-8, Planned Unit Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.09 of the Columbus City Codes; said plan being titled, "PUD-8 SITE PLAN," and said notes being titled, "PLANNED UNIT DEVELOPMENT TEXT," both dated  February 28, 2014, and signed by Michael T. Shannon, Attorney for the Applicant, and the notes reading as follows:
 
PLANNED UNIT DEVELOPMENT TEXT
 
PROPERTY ADDRESS:  6490 Harlem Road, Columbus, Ohio 43054
PROPERTY SIZE:  +/-16.4 Acres
CURRENT DISTRICT:  R, Rural
PROPOSED DISTRICT:  PUD-8, Planned Unit Development
OWNER:  Sugar Run at New Albany Park, Ltd.; 230 West St., Ste. 200; Columbus, Ohio 43215
APPLICANT:  Lifestyle Communities, Ltd., c/o; Michael T. Shannon, Esq.; CRABBE, BROWN & JAMES, LLP; 500 S. Front St.; Columbus, OH 43215; mshannon@cbjlawyers.com
DATE OF TEXT:  February 28, 2014
APPLICATION:  Z05-079
 
INTRODUCTION: The site consists of +/-16.4 acres and is found southeast of and adjacent to the intersection of Central College Road and Harlem Road. The site was annexed to the City of Columbus in 2004 and is currently zoned Rural. The site is proposed for residential development.
 
A.      DESCRIPTION: The site shall consist of +/-16.4 gross acres zoned in the PUD-8, Planned Unit Development District.
 
B.  PERMITTED USES: The permitted uses are as follows:
 
1.      Those uses listed in Section 3333.02 (AR-12, Apartment District) of the Columbus City Code.
 
2.  Mail structures; compactor buildings, and clubhouse/pool.
 
C.      DEVELOPMENT STANDARDS: The site shall be developed in accordance with the PUD Plan.  The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed.  Any slight adjustment to the plan is subject to review and approval by the Director of the Department of Building and Zoning Services or his designee, upon submission of the appropriate data regarding the proposed adjustment.  Unless otherwise indicated by the PUD Plan or this PUD Development Text, the development standards contained in Chapter 3333 (AR, Apartment District) shall apply.
 
D.  DENSITY, HEIGHT, LOT, AND SETBACK COMMITMENTS:
 
1.      The maximum density for multi-family development shall be 102 units.
 
2.  The setback line from Harlem Road shall be 100 feet from centerline for buildings and pavement.
 
3.  Unless otherwise set forth herein, the minimum building and pavement setback from perimeter property lines shall be 25 feet.
 
4.  Building setback lines along all private internal streets shall be considered "build-to" lines as opposed to minimum setbacks, so that to the extent buildings are developed, such buildings shall be constructed so as to substantially "front" on such lines.
 
5.  A building shall be considered to front a street if the front door of a majority of its units face the internal street.
 
6.  Lot coverage for buildings and paved areas combined shall not exceed 70% of the site acreage.
 
7.  Buildings shall not be less than one and half stories and not more than two stories in appearance.
 
8.  The building footprints are schematic and may change depending on the final mix of building types. Garages may be added or replaced with surface parking depending on the final mix of building types. The orientation of the buildings and the internal street systems shall remain consistent with the PUD Plan.
 
E.      ACCESS, LOADING, PARKING, AND OTHER TRAFFIC-RELATED COMMITMENTS:
 
1.      All streets shall be private and provide for two-way traffic. Parking shall be permitted on both sides of all streets. Private alleys may be provided to the rear of buildings and shall allow for two-way traffic.
 
2.  Parking shall be prohibited in the alleys. Minimum pavement width for the street shall be 24 feet (access type roadway). Parking at a minimum rate of 2 spaces per unit shall be provided. The required number of spaces shall be met through the use of a garage serving the unit, counting the parking space behind the garage in the driveway and/or on-street parking spaces near the unit.
 
3.  All private streets shall have sidewalks on both sides of the street. There shall be a sidewalk along Harlem Road. All sidewalks shall have a minimum width of five (5) feet. However, any and all sidewalk commitments shall be designated and located to the specifications of the City of Columbus, Department of Public Service.
 
F.      BUFFERING, LANDSCAPING, OPEN SPACE, AND SCEENING COMMITMENTS:
 
1.      Street trees shall be required along the Harlem Road frontage and along all private streets in this subarea and shall be spaced at an average of 30 feet on center. Street trees shall be those specified in the Columbus Street Tree Program guidelines from the City of Columbus Forrester. A row of street trees shall also be installed within the grass median at the entryway and within the boulevard at the southern end of the site; 30 feet on center.
 
2.  Along the south and west property lines the developer shall install a mixture of evergreen and deciduous trees (1 tree for every 40 linear feet along those property lines) in the areas where there is no existing vegetation. Headlight screening shall be installed as shown on the submitted PUD drawing on the west side of the driveway adjacent to Parcel #220-001789. The South and West property lines abutting Parcel #220-001789 will also be buffered with a six (6) ft. high board on board privacy fence.
 
3.  The developer shall install the white 4 board horse style fence along its Harlem Road frontage and along the south side of the main entrance driveway from the Harlem Road fence eastward to the curb cut to the first intersecting driveway.
 
4.  The tree preservation area is shown on the submitted PUD drawing. This area shall be maintained in its natural state except for the removal of dead or diseased trees and the installation and maintenance of utilities. At the start of construction, the trees within the preservation areas shall be protected by the installation of a snow fence along the north and west side of the site.
 
G.      DUMPSTERS, LIGHTING, OUTDOOR DISPLAY AREAS, AND OTHER ENVIRONMENTAL COMMITMENTS:
 
1.      All external parking and street lighting shall utilize decorative type fixtures at a maximum of 14 feet in height. These lights shall have cut-off downcast fixtures, or bulbs. However, landscaping at entry location may have up-lit or down-lit accent lighting provided the lighting does not spill off-site and that any ground mounted lighting shall be shielded and landscaped.
 
2.  All external lighting fixtures shall be from the same or similar manufacturer's type to ensure compatibility.
 
3.  All parking lot lighting shall utilize high-pressure sodium, color corrected light fixtures.
 
4.  Ground mounted lighting shall be shielded and landscaped.
 
H.      GRAPHICS AND SIGNAGE COMMITMENTS: All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the AR-12, Apartment Residential District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
 
I.  ARCHITECTURAL STANDARDS:
 
1.      A minimum of 50% of each exterior building façade shall be brick, brick veneer, stone, stone veneer, stucco stone, hardi-plank or the cementitious product, wood, and/or glass. Vinyl and other manufactured materials are permitted within the remaining exterior façade as long as they have a minimum thickness gauge of .044 inches. Metal and E.I.F.S. shall be permitted as accent features only (no more than 10% of each exterior building façade). The west elevation of the buildings which are adjacent to Harlem Road shall be finished in brick or brick veneer.  The west elevation of the building at the southwest corner of the site shall also comply with this building treatment of brick or brick veneer.
 
2.  All buildings shall provide fenestration (windows, shutters, or trim detailing) on all four elevations.
 
J.      MISCELLANEOUS PROVISIONS:
 
1.      The developer shall comply with the City's Pay as We Grow plan.
 
2.  The developer shall comply with the City's Parkland Dedication Ordinance.
 
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.