Explanation
REZONING APPLICATION # Z05-068
APPLICANT: Portrait Homes - Ohio LLC; c/o Dave Perry, The Dave Perry Company; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on January 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-4, Planned Unit Development District proposes a maximum of 35 dwelling units on private streets and will have a proposed net density of 3.8 dwelling units per acre. The requested PUD-4, Planned Unit Development District is consistent with the development patterns of the area and with the December 15, 2005 recommendation of the Rocky Fork Blacklick Accord Implementation Panel.
Title
To rezone 5982 CENTRAL COLLEGE ROAD (43081), being 9.2± acres located on the north side of Central College Road, 1,000± feet east of Harlem Road, From: R, Rural District, To: PUD-4, Planned Unit Development District and to declare an emergency.(Rezoning # Z05-068)
Body
WHEREAS, application #Z05-068 is on file with the Building Services Division of the Department of Development requesting rezoning of 9.2± acres from R, Rural District, to PUD-4, Planned Unit Development District; and
WHEREAS, the requested PUD-4, Planned Unit Development District proposes a maximum of 35 dwelling units on private streets and will have a proposed net density of 3.8 dwelling units per acre. The requested PUD-4, Planned Unit Development District is consistent with the 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 as the applicant must close on the property in less than 30 days from March 13th, 2006.
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the requested PUD-4, Planned Unit Development District is consistent with the December 15, 2005 recommendation of the Rocky Fork Blacklick Accord Implementation Panel; now, therefore:
WHEREAS, the City Departments recommend approval of said rezoning because the requested PUD-4, Planned Unit Development District proposes a maximum of 35 dwelling units on private streets and will have a proposed net density of 3.8 dwelling units per acre. The requested PUD-4, Planned Unit Development District is consistent with the development patterns of the area and with the December 15, 2005 recommendation of the Rocky Fork Blacklick Accord Implementation Panel; 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:
982 CENTRAL COLLEGE ROAD (43081), being 9.2± acres located at the north side of Central College Road ,1,000± feet east of Harlem Road, and being more particularly described as follows:
9.271 ACRES
Situated in the State of Ohio, County of Franklin, Township of Plain, lying in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of the 8.856 acre tract conveyed to Phyllis Snedegar by deed of record in Official Record 13734 I07, and the 1.104 acre tract conveyed to William and Phyllis Snedegar by deed of record in Instrument Number 200502020020309, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 5212, found at an angle point in the centerline of Central College Road, at the common corner of said 1.104 acre tract and the 0.469 acre tract conveyed to Board of Franklin County Commissioners by deed of record in Instrument Number 200309290311696 and being South 86° 09' 36" West a distance of 1647.97 feet, from Franklin County Geodetic Survey Monument Number 5574, found at the centerline intersection of Central College Road and Hamilton Road;
Thence North 03° 45' 13" East, a distance of 50.00 feet, with the easterly line of said 1.104 acre tract, to an iron pin set at the southwesterly corner of "New Albany Park Condominiums, Ninth Amendment", as recorded in Condominium Plat Book 127, Page 11, being the TRUE POINT OF BEGINNING;
Thence North 86° 09' 36" West, a distance of 342.54 feet, across said 1.104 and 8.856 acre tracts, to an iron pin set in the line common to said 8.856 acre tract and the 0.092 acre tract conveyed to Columbia Gas of Ohio, Inc. by deed of record in Deed Book 3037, Page 566;
Thence with the lines common to said 8.856 and 0.092 acre tracts, the following courses and distances:
North 03° 50' 17" East, a distance of 30.00 feet, to a 1/2 inch rebar found;
North 86° 09' 36" West, a distance of 50.00 feet, to a 1/2 inch rebar found;
South 03° 50' 17" West, a distance of 30.00 feet, to a 3/4 inch iron pipe capped "BDM";
Thence North 86° 09' 36" West, a distance of 267.21 feet, across said 8.856 acre tract, to a 3/4 inch iron pipe capped "BDM" found in the line common to said 8.856 acre tract and the 5.052 acre tract conveyed to Carl W. Jr. and Deborah S. Shye by deed of record in Official Record 28668 E05;
Thence North 03° 35' 54" East, a distance of 615.60 feet, with said common line, to a 3/4 inch iron pipe capped "BDM" found in the southerly line of the 78 acre tract conveyed to Albert Vesner and Helen I. Vesner, Co-Trustees by deed of record in Instrument Number 199910010246966;
Thence South 85° 48' 46" East, a distance of 661.44 feet, (passing a 5/8" rebar capped "BDM" at a distance of 329.53 feet and a 3/4 inch iron pipe found at a distance of 659.91 feet) with the line common to said 8.856 and 78 acre tracts, to an iron pin set in the westerly line of "New Albany Park Condominiums, Eighth Amendment", as recorded in Condominium Plat Book 125, Page 80;
Thence South 03° 45' 13" West, a distance of 611.59 feet, (passing a 3/4 inch iron pipe found at a distance of 444.81 feet) with the easterly lines of said 8.856 and 1.104 acre tracts and the westerly lines of said "New Albany Park Condominiums, Eighth Amendment" and "New Albany Park Condominiums, Ninth Amendment", to the TRUE POINT OF BEGINNING, containing 9.271 acres of land, more or less, of which 0.851 acres lies in Parcel Number 220-000096, 3.961 acres lies in Parcel Number 220-001227, and 4.459 acres lies in Parcel Number 220-000337.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, 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 South 86° 09' 36" East for a portion of the centerline of Central College Road, as shown in deed of record in Instrument Number 200309290311698.
To Rezone From: R, Rural District,
To: PUD-4 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 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 PUD-4, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plan being titled, "VILLAS AT WEST ALBANY, SHEETS 1 of 3, 2 of 3 and 3 of 3," signed by Donald Plank, Attorney for the Applicant, dated February 1, 2006.
PUD NOTES
5892 Central College Road
PUD-4, Planned Unit Development
Z05- 068
1) Development Standards shall be as established in Chapter 3333, Apartment Residential Districts, as applicable to the AR-12, Apartment Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawings ("Villas at West Albany, Sheets 1 of 3, 2 of 3 and 3 of 3, dated February 1, 2006, hereafter "PUD Plan"). The site will be developed with condominium dwelling units offered for sale. The condominium units will not be on separate lots and no lots shall be required. Buildings will be two (2) unit and three (3) unit buildings, as depicted on the referenced drawings. All on-site streets shall be private streets. Vehicular access to the site shall be provided from Central College Road. A stub street (private) shall be provided to the north property line to provide for future vehicular connection to the north. An easement shall be granted from/to the Central College Road curb cut, along the west side of the internal loop street and to the north property line on the private street depicted on the land plan for the purpose of allowing future development on property to the north access from/to Central College Road, if the property to the north is designed with access corresponding to the private street stub. If vehicular connection on the property to the north is designed to correspond with the private street stub, the City of Columbus shall require, in conjunction with the rezoning of the property to the north, that an easement is provided for vehicular access for the benefit of this property for access across all applicable property to the north for connection to a public street in as direct a manner as reasonably possible.
2) The development depicted on the PUD Plan depicts the planned development, but is subject to minor adjustment and modification with final engineering, final design and buyer unit selection. Specific building footprints and building locations depict the planned footprints and location, but are subject to minor modification in conjunction with unit sales and construction. Specific dimensions indicated between buildings are estimates of anticipated distances but are subject to minor modification based on actual construction. There shall be a maximum of 35 dwelling units, but the number of units may be reduced. Only one building shall be permitted west of the west internal private street and it shall be located as depicted, subject to any minor engineering adjustment. All condominium units are permitted patios and/or decks. Decks and patios depicted on this drawing are illustrative as to size and location and are not required. Decks/patios shall not extend into the 20 foot perimeter setback, as noted on the PUD Plans. An Entrance Feature shall be provided as illustrated on the PUD Plans. The Entrance Feature will be permitted at a 20 foot setback from Central College Road (50 feet from Centerline). An Entrance Sign, as depicted on the PUD Plans, shall be permitted.
3) Minimum perimeter building and pavement setbacks shall be: Building Lines - Central College Road - 130 feet from centerline, subject to dedication of 50 feet of right of way from centerline, thereby providing an 80 foot Central College Building Setback, net of right of way dedication. The Central College building setback line shall not apply to any structure/building required by the Public Utilities Department for above ground placement/enclosure of water metering equipment. Any such structure may be placed as required by the Public Utilities Department and consistent with engineering requirements. Subject to clear vision requirements at the Central College Road curbcut to the site, the Entrance Feature may be placed within the Central College Road building setback at a 20 foot setback. The columns and fence of the Entrance Feature depicted on Sheet 2 of the PUD Plans, shall not exceed six (6) feet in height.
Perimeter yards shall be as follows: North - 30 foot building setback, 20 foot perimeter yard; East - 30 foot building setback, 20 foot perimeter yard; South - as depicted on the PUD Plan and PUD Notes, West - 30 foot perimeter yard (no portion of the building or patio/deck shall be closer than 30 feet to the west property line. The perimeter yards shall consist of live plant material and shall satisfy all requirements of Section 3333.255. The development may be developed in phases, at developer's option. If developed is phases, there shall be no required perimeter yard setback from any internal phase line(s) or internal property lines(s) other than the current, existing perimeter property line of the 9.2 +/- acre site. Perimeter yard shall only be applicable to the current perimeter property lines of the current 9.2 +/- acre site.
4) Open Space shall be provided as depicted on this PUD plan. Open Space areas may be developed with resident walking path(s), gazebo, benches or comparable leisure uses consistent with the open space area.
5) Stack parking in the driveway of a condominium unit in front of the garage of each condominium unit garage shall be permitted, subject to the garage door being no less than 18 feet from the edge of pavement of the internal street or internal sidewalk, as applicable.
6) Street trees shall be planted along internal private streets as depicted on the PUD Plan. Plant Material shall meet the following minimum requirements at time of planting: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 1/2 " caliper, Evergreen Trees - 5 - 6 height. Weather permitting, dead or diseased landscaping required by this text shall be replaced within 6 months.
7) Street trees shall be planted along Central College Road at the rate of approximately one (1) tree per 30 lineal feet excepting the frontage of the Columbia Gas parcel not included in this application and excepting the frontage of the site within the gas easement area. A minimum of 24 street trees will be planted along the roadway corridor and within the Central College setback. The street trees shall be incorporated into the Central College Road setback or in the right-of-way, if permitted by the City of Columbus. Landscaping depicted in the setbacks is illustrative of planned landscaping but is subject to change with final design and final plant material. Retaining walls and fencing may also be used in the setback.
8) Other site landscaping depicted on the PUD Plan is a commitment of the landscaping plan for this PUD.
9) The landscape design shall be reviewed and signed by a registered landscape designer or architect in conjunction with the Certificate of Zoning Clearance.
10) Mounding, if used, shall have a maximum 3:1 slope with landscaping.
11) The minimum net floor area for living quarters, as defined in Section 3303.13, letter M, Columbus Zoning Code, shall be 1,500 square feet per condominium dwelling unit.
12) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable.
13) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for provision of utilities to the site.
14) Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a Dumpster Waiver is not granted or is revoked by the City of Columbus, or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
15) Site lighting shall utilize fully shielded, cut-off light fixtures, or the decorative lantern-style luminare fixture, depicted on Sheet 3 of the PUD Plans, as approved by the Rocky Fork Implementation Board. Pole mounted fixtures shall not exceed 12 feet in overall height. Building mounted lighting may also be provided by wall mounted fixtures, such as coach lights, attached to the condominium units. All exterior light fixtures (site, pole mounted and building mounted) shall be the same or similar for consistency in appearance and style. Any ground mounted lighting shall be located, directed and shielded with landscaping to prevent glare. Security lighting shall have motion detectors.
16) All wiring shall be installed underground.
17) The private streets shall be designed with a minimum pavement width of 24 feet.
a. Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes. They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes. Fire hydrants shall be located on the side of the street where no parking is permitted.
b. The owner, developer, and/or the Homeowners Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas. There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as the owner, developer, and/or Homeowners Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract."
c. The owners, developer, and/or Homeowners Association shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alley/lanes."
d. Intersection details concerning turning radii, parking restrictions, and intersection configuration shall conform to the Fire Vehicle Access Plan.
18) A temporary sales office shall be permitted prior to the development of model condominium units.
19) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15, of the Columbus City Code in accordance with AR-12, Apartment Residential district standards. Any modification of the applicable requirements of the AR-12, Apartment Residential district standards, other than as noted, shall be submitted to the Columbus Graphics Commission.
20) The Columbus Board of Zoning Adjustment shall be the body to hear all requests for variances, except as a variance may pertain to graphics, to development standards established by this PUD Plan or to applicable standards of the AR-12, Apartment Residential District.
21) Sidewalks:
a). A public five (5) foot wide sidewalk will be provided in the Central College Road right-of-way unless already included in an applicable road construction project, or unless the City of Columbus directs payment to the city for the cost of the sidewalk in lieu of actual construction.
b). An on-site private sidewalk (4' wide) with curb shall be provided on one (1) side of the internal private street. On-site walks to individual condominium units are illustrative of planned walks but exact location of walks to individual dwelling units may change with applicant's construction of front or side entrance units. Sidewalks to individual unit entrances shall be provided and adjusted accordingly based on unit entrance location.
22) This PUD is located in flood hazard Zone X, as shown on the Federal Emergency Management Agency Insurance Rate Map Number 39049C0180G, effective August 2, 1995.
23) Building elevations shall be as depicted on the PUD plans and as follows:
a) The exterior building material shall be brick with wood trim.
b) The buildings will have a primary hipped roof with an 8/12 pitch on the front and rear hip. Garage gables shall have a 8/12 pitch.
c) Dimensional shingles shall be used for roofing.
d) Unit 1A (Building #1, as noted on PUD Plan, shall have a porch and gable roof over the porch, as depicted on the PUD Plans.
e) If Units 7A, 8A and 13A are side entrance units, they shall also have a porch and gable over the porch, as noted on the PUD Plans.
f) At least one (1) unit of each of buildings # 12 and # 13 shall have a front door (front entrance) facing the private street (facing south).
g) All dwelling units shall have attached two (2) car garages.
h) All other dwelling units may have front or side entrances. Side entrances may or may not have porches. Unit entrances and sidewalks to the entrances depicted on the PUD plan, inclusive of all sheets, are illustrative of unit entrance locations and sidewalks to the entrances other than units with a required entrance location.
24) The site is located in the Northeast Pay as We Grow Area (NPAWG) and is subject to applicable fees of the NPAWG.
25) Applicant has voluntarily agreed to contribute $17,500 to the Franklin County Metro Parks as a contribution toward the planned metro park in the Rocky Fork Area. The contribution is calculated at the rate of $500/dwelling unit and shall be paid to Franklin County Metro Parks prior to the issuance of the Certificate of Zoning Clearance. If there are less than 35 dwelling units depicted on the Certificate of Zoning Clearance, the contribution may be reduced at the rate of $500/dwelling unit at applicant's discretion. PUD Note # 12 commits applicant to payment of applicable City of Columbus Parkland Dedication Ordinance (PDO) fees. The voluntary contribution to the Franklin County Metro Parks is in addition to and unrelated to any PDO fees due to the City of Columbus.
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.