Explanation
Rezoning Application Z03-080
APPLICANT: ZDM Properties; c/o George McCue, Atty.; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 11, 2004.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the L-R-2, Limited Residential District to develop 128 single-family dwellings, with a gross density of 4.74 units per acre. The site lies within a portion of Alkire Road undergoing a transition from large single-family parcels developed in Franklin and Jackson Townships to single-family subdivisions within the City of Columbus. The requested L-R-2 District is consistent with this trend.
Title
To rezone 3760 ALLMON ROAD (43123), ), being 31.71± acres located at terminus of Allmon Road, at I-270, From: R, Rural District, To: L-R-2, Limited Residential District and to declare an emergency. (Rezoning # Z03-080)
Body
WHEREAS, application #Z03-080 is on file with the Building Services Division of the Department of Development requesting rezoning of 31.71± acres From: R, Rural District, To: L-R-2, Limited Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop Area Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that due to the time required to resolve all issues with the property involved in the land swap, the substantial delays, and to avoid substantial financial hardship on the applicant, it is immediately necessary to amend the legislation to emergency for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the L-R-2, Limited Residential District to develop 128 single-family dwellings, with a gross density of 4.74 units per acre. The site lies within a portion of Alkire Road undergoing a transition from large single-family parcels developed in Franklin and Jackson Townships to single-family subdivisions within the City of Columbus. The requested L-R-2 District is consistent with this trend, 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:
3760 ALLMON ROAD (43123), ), being 31.71± acres located at terminus of Allmon Road, at I-270, and being more particularly described as follows:
MARCH 23, 2004
DESCRIPTION FOR ZONING
31.714 ACRES
JOB NAME: ALLMON3
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS V.M.S. 1389, AND BEING PART OF A 10.193 ACRE TRACT CONVEYED TO THE CITY OF COLUMBUS, I.N. 200303130074729, AND A 27.793 ACRE TRACT CONVEYED TO WILLIAM D. & MARVIN ALLMON, O.R. 20740, PG. D18, FRANKLIN COUNTY RECORDER'S RECORDS:
BEGINNING AT THE SOUTHEAST CORNER OF ALKIRE PLACE SECTION 3, P.B. 102, PG. 05;
THENCE N.01°19'38"E. FOLLOWING THE EASTERLY LINE OF ALKIRE PLACE SECTION 3, P.B. 102, PG. 05, AND SECTION 2, P.B.100, PG. 22, A DISTANCE OF 752.24 FEET TO A POINT.
THENCE S.88°47'58"E. FOLLOWING THE SOUTHERLY LINES OF A RESIDUAL 9.176 ACRES OF AN ORIGINAL 10.467 ACRE TRACT CONVEYED TO ALICE M. EGELHOFF, D.B. 2867, PG. 217, A 7.950 ACRE TRACT CONVEYED TO THOMAS A. & KATHY A. BOX, O.R. 11827, PG. F17, A RESIDUAL 4.942 ACRES OF AN ORIGINAL 15.495 ACRE TRACT CONVEYED TO THE CITY OF COLUMBUS, I.N. 200108020176659, AND THE ORIGINAL 10.193 ACRE TRACT CONVEYED TO THE CITY OF COLUMBUS, I.N. 200303130074729, A DISTANCE OF 1038.59 FEET TO A POINT;
THENCE WITH THE FOLLOWING EIGHT (8) COURSES ACROSS THE ORIGINAL 10.193 ACRE TRACT, CONVEYED TO THE CITY OF COLUMBUS, I.N. 200303130074729;
1. N.01°04'34"E. A DISTANCE OF 195.01 FEET TO A POINT;
2. N.20°18'41"E. A DISTANCE OF 59.77 FEET TO A POINT;
3. N.83°32'08"E. A DISTANCE OF 101.19 FEET TO A POINT;
4. N.01°04'34"E. A DISTANCE OF 322.52 FEET TO A POINT;
5. WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET, A DELTA OF 14°06'05", AN ARC OF 79.99 FEET AND A CHORD BEARING OF N.08°07'36"E FOR A CHORD DISTANCE OF 79.79 FEET TO A POINT;
6. N.15°10'39"E. A DISTANCE OF 89.30 FEET TO A POINT;
7. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, A DELTA OF 25°54'08", AN ARC OF 56.51 FEET AND A CHORD BEARING OF N.02°13'35"E. FOR A CHORD DISTANCE OF 56.03 FEET TO A POINT;
8. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A DELTA OF 95°57'21", AN ARC OF 41.87 FEET AND A CHORD BEARING OF N.58°42'09"W. FOR A CHORD DISTANCE OF 37.14 FEET TO A POINT;
THENCE WITH THE FOLLOWING TWO (2) COURSES ALONG THE SOUTHERLY LINE OF ALKIRE RUN SECTION 1, P.B. 104, PG. 03;
1. N.73°19'10"E. A DISTANCE OF 89.84 FEET TO A POINT;
2. WITH A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET, A DELTA OF 17°45'20", AN ARC OF 85.22 FEET AND A CHORD BEARING OF N.82°11'51"E. FOR A CHORD DISTANCE OF 84.88 FEET A POINT;
THENCE S.01°04'34"W. FOLLOWING THE WESTERLY LINE OF ALKIRE LAKES SECTION 2, PART 1, P.B. 95, PG. 83, ALKIRE LAKES SECTION 4, PT. 2, P.B. 99, PG. 03, AND A 2.090 ACRE TRACT CONVEYED TO STEVEN D. & JOLENE D. GINTHER, I.N. 200109210218424, A DISTANCE OF 1932.83 FEET TO A POINT;
THENCE WITH THE FOLLOWING TWO (2) COURSES ALONG THE NORTHERLY LINE OF INTERSTATE 270 AND THE SOUTHERLY LINE OF THE ORIGINAL 27.793 ACRE TRACT CONVEYED TO WILLIAM D. & MARVIN ALLMON, O.R. 20740, PG. D18;
1. N.75°47'52"W. A DISTANCE OF 1159.00 FEET TO A POINT;
2. WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 5579.58 FEET, A DELTA OF 02°09'08", AN ARC OF 209.58 FEET AND A CHORD BEARING OF N.74°43'18"W. FOR A CHORD DISTANCE OF 209.57 FEET TO THE POINT OF BEGINNING, CONTAINING 31.714 ACRES.
THIS DESCRIPTION WAS BASED ON AN ACTUAL FIELD SURVEY BY THE JERRY A. MALOTT SURVEYING COMPANY IN DECEMBER, 2003.
BEARINGS WERE BASED ON THE WESTERLY LINE OF ALKIRE LAKES SECTION 4, PART 2, AS BEING S.01°04'34"W. AS SHOWN IN P.B. 99, PG. 03.
JERRY A. MALOTT
REGISTERED SURVEYOR #5963
To Rezone From: R, Rural District,
To: L-R-2, Limited Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-R-2, Limited Residential 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 L-R-2, Limited Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled "ALLMON TRACT", signed by George McCue, Attorney for the Applicant, dated March 5, 2004, and said text being titled "LIMITATION OVERLAY TEXT", signed by George McCue, Attorney for the Applicant, dated March 5, 2004, and reading as follows:
LIMITATION OVERLAY TEXT
PROPOSED DISTRICT: L-R-2
PROPERTY ADDRESS: 3760 Allmon Road
PROPERTY OWNERS: William D. Allmon & Marvin Allmon, c/o George R. McCue, Esq., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215, Ph:(614) 228-5511; Fax: (614) 229-4559, grmccue@cbjlawyers.com
APPLICANT: ZDM PROPERTIES, c/o George R. McCue, Esq., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215, Ph:(614) 228-5511; Fax: (614) 229-4559, grmccue@cbjlawyers.com
DATE OF TEXT: March 5, 2004
APPLICATION NO.: Z03-080
1. INTRODUCTION: The subject property consists of approximately 31.81+ acres located on the north side of Jack Nicklaus Freeway (I-270), south of Alkire Road, west of Allmon Road, and is more particularly identified in the legal descriptions submitted as part of this Rezoning Application ("Property"). The Applicant, ZDM Properties, is requesting a rezoning of the Property from R to L-R-2.
This rezoning is conditioned upon development includes a land exchange with the City of Columbus, whereby the City-owned property, shown currently as Lots 48-66, is exchanged for the Applicant's property, depicted as the 4.489+ acre area of open space/parkland. This exchange has received approval from the City of Columbus Recreation and Parks Department, the City of Columbus Land Review Commission, and is pending Council passage.
2. PERMITTED USES: No lot shall be used except for the construction of a single-family dwelling with attached garages, as defined in Section 3332, R-2 Residential District, of the Columbus Zoning Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this written Limitation Overlay Text, the applicable development standards shall be those standards contained in Chapter 3332, R-2 Residential District, of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments:
(1) The maximum number of lots permitted on the Property shall be one hundred twenty-eight (128).
(2) No building or structure shall exceed a height of thirty-five (35) feet.
B. Access, Loading, Parking and/or Traffic-Related Commitments:
(1) Access to the Property shall be from Alkire Road through the Alkire Run subdivision, which is to the north of the Property, and shall be subject to the approval of the City of Columbus Transportation Division.
(2) The Developer shall construct an eastbound right turn lane along Alkire Road, onto Bay Port Drive.
This right turn lane shall be 275 feet in length (including 50-foot taper), and may be constructed at any time, but no later than December 31, 2007.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
(1) At the time of development, Applicant, or its assigns, will install a split-rail fence, a maximum of four (4) feet in height along the park property that abuts residential homes. Said fence shall be located on the side of the property line that is owned by the Columbus Recreation and Parks Department.
(2) The Applicant shall establish a tree preservation zone at the rear of Lots 67 and 68, to protect the existing tree and tree line, respectively, within these areas. The measurements of the tree preservation zone shall be determined at the time of final engineering, and will be set within the existing measured drip line. The Applicant shall also erect construction fencing to protect the trees and tree root structures within this zone during utility installation and construction.
(3) Applicant will plant trees on the eastern side of the property, fifteen (15) feet on center from its southeast corner, for a distance of five hundred eighty-eight (588) feet.
(4) The landscaping required in this section shall count towards satisfying the landscaping requirements of Columbus City Code Chapter 3342.
(5) All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first. Applicant will use its best efforts to save existing trees.
(6) All trees shall meet the following minimum size at the time of planting: (i) shade trees 2 1/2-inch caliper; (ii) ornamental trees 1 1/2-inch caliper; and (iii) evergreen trees five (5) feet in height. Tree caliper is measured six (6) inches from the ground at the time of planting.
(7) The Applicant shall provide a fenced, ten (10) foot access way at the location designated on the site plan, and as included within the legal description submitted for the above-mentioned proposed parkland, which pathway is shown between Lots 125-124, as currently numbered. This property shall be dedicated to the City as public access within parkland area herein provided. Within the ten (10) feet, the Applicant shall provide a five (5) foot asphalt walkway.
(8) The Applicant shall establish a twenty-five (25) foot stream and tree preservation zone along the west/northwest bounds of Lot 62. The 25-feet shall be calculated from the top of the stream bank, as determined by final engineering. The Applicant agrees to erect construction fencing to protect the trees and tree root structures within this zone during utility installation and construction.
D. Building Design and/or Interior/Exterior Treatment Commitments:
(1) Garages. Each single-family dwelling shall have a private garage for not less than two (2) automobiles.
(2) Dwelling Sizes. The minimum net floor area for living quarters for a one story single-family dwelling (exclusive of open porches and garages) shall be no less than 1,200 square feet. The minimum dwelling size for a single-family dwelling of more than one story (exclusive of open porches and garages) shall be no less than 1,500 square feet. Any dwelling built on a slab shall have an additional 100 square feet.
(3) Basements. At least fifty (50%) percent of all dwelling units built on the Property shall have basements, unless soil conditions create engineering restrictions. Applicant or owner shall demonstrate compliance with this requirement.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments:
(1) Street Lights. The street lights in the subdivision shall be decorative street lights rather than the standard City of Columbus cobra-head fixture.
F. Graphics and Signage Commitments: All signage and graphics shall conform to Article 15, Title 33 of the Columbus Graphics Code as it applies to an R-2 district. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments:
(1) Parkland Dedication Commitments. At the time of final plat submittal, Applicant or its assigns agrees to make a monetary contribution to the Recreation and Parks Department as required by the Parkland Dedication Ordinance.
(2) The Property shall be developed in substantial accordance with the site plan submitted herewith. The site plan may be modified to reflect final engineering and/or consultation with the City of Columbus Recreation and Parks Department or Utilities Department. Such modifications may include the reworking and/or renumbering of lots, minor acreage calculations and/or other minor modifications determined by final engineering, approved by the Administrator or his/her designee.
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.