Explanation
REZONING APPLICATION # Z08-030
APPLICANT: Albany Landings LLC; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on January 8, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-8, Planned Unit Development District would permit 344 multi-family units on 43.73± acres with 17.77± acres of open space and total gross density of 7.87 units per acre. The PUD plan and notes provide customary development standards and adequate buffering and screening throughout the site. The request for an increase of 168 units over what the current PUD-6, Planned Unit Development District allows is justified with the additional open space provided and improved protection of the wetlands area. The requested rezoning 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.
Title
To rezone 4871 WARNER ROAD (43081), being 43.73± acres located on the south side of Warner Road, 1400± feet east of Ulry Road, From: PUD-6, Planned Unit Development District, To: PUD-8, Planned Unit Development District and to declare an emergency (Rezoning # Z08-030).
Body
WHEREAS, application #Z08-030 is on file with the Building Services Division of the Department of Development requesting rezoning of 43.73± acres from PUD-6, Planned Unit Development District, to PUD-8, Planned Unit Development District; and
WHEREAS, the Columbus Public Health Healthy Places program recognizes the development includes an internal bike path and sidewalks which create walking and biking routes within the development and connect to the public sidewalk system and to the adjacent property to the east; 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; 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 would permit 344 multi-family units on 43.73± acres with 17.77± acres of open space and total gross density of 7.87 units per acre. The PUD plan and notes provide customary development standards and adequate buffering and screening throughout the site. The request for an increase of 168 units over what the current PUD-6, Planned Unit Development District allows is justified with the additional open space provided and improved protection of the wetlands area. The requested rezoning 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; 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:
4871 WARNER ROAD (43081), being 43.73± acres located on the south side of Warner Road, 1400± feet east of Ulry Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 3, Township 2, Range 16, United States Military Lands and being those tracts conveyed to Dominion Homes by deeds of record in Instrument Number 200507060131302 and Instrument Number 200506070109304 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, at a point marking the intersection of the southerly right-of-way line of Warner Road with the westerly line of that 22 acre tract as conveyed to said Dominion Homes;
Thence with the perimeter of said Dominion Homes tracts, the following courses and distances:
South 86° 44' 29" East, a distance of 605.80 feet to a point;
South 01° 37' 12" West, a distance of 206.50 feet to a point;
South 87° 12' 33" East, a distance of 139.67 feet to a point;
South 03° 42' 28" West, a distance of 274.06 feet to a point;
South 86° 34' 44" East, a distance of 499.13 feet to a point; and
North 03° 31' 55" East, a distance of 480.74 feet to a point in said southerly right-of-way line of Warner Road;
Thence South 86° 44' 29" East, with said southerly right-of-way line, a distance of 50.00 feet to a point in the westerly line of that 2.869 acre tract conveyed to Michael W. and Mary A. Adkins;
Thence continuing with the perimeter of said Dominion Homes tract, the following courses and distances:
South 03° 31' 55" West, a distance of 1374.52 feet to a point;
North 85° 52' 57" West, a distance of 50.00 feet to a point;
North 85° 49' 03" West, a distance of 501.88 feet to a point;
South 03° 42' 28" West, a distance of 525.10 feet to a point;
North 87° 01' 54" West, a distance of 81.12 feet to a point;
North 86° 45' 50" West, a distance of 667.87 feet to a point;
North 03° 35' 11" East, a distance of 1891.45 feet to the Point of Beginning and containing 43.727 acres of land, more or less.
This description was prepared from existing records and is not to be used for deed transfer.
To Rezone From: PUD-6, Planned Unit Development 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-8, 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-8, 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 plans being titled, "ALBANY LANDINGS EXHIBIT A, B, C, C1, C2, & D," and said notes being titled, "PUD NOTES," all dated January 27, 2009, and signed by Jill S. Tangeman, Attorney for the Applicant.
PUD NOTES
Zoning District: PUD-8
Property Location: 4871 and 4899 Warner Road (43016), being 43.73 +/- acres located on the south side of Warner Road, 1,400 +/- feet east of Ulry Road
Owner: Albany Landings LLC
Applicant: Albany Landings LLC
Date of Text: January 27, 2009
Application: Z08-030
Introduction: The subject site was first zoned to PUD-8 in 2005 to allow for 294 single-family and townhouse units. In 2006, the site was rezoned to PUD-6 to change the townhouse units to ranch condominium units. As a result of the depression of the single family home market, the applicant is seeking to rezone the site to PUD-8 to allow for a mix of ranch condominium units and multi-family apartment units. The change in the unit mix will allow the applicant to begin construction on the proposed development immediately, thus generating income through the Pay As We Grow plan for the northeast corridor.
1. The uses permitted shall be multi-family dwelling units, detention / retention ponds, and a clubhouse and pool.
2. The height district shall be H-35, allowing for a mean thirty-five (35) foot height limitation in accordance with the Columbus City Code.
3. A maximum of three hundred forty-four (344) units may be built on the site in accordance with the Site Plan attached hereto as Exhibit A.
4. Homes may be used as model homes for the purpose of marketing and sales. A manufactured modular building (or a clubhouse or model home with parking) may be used as a sales office during the development of the project and the construction of homes therein.
5. Minimum separation between buildings shall be at least 10 feet.
6. For attached ranch multi-family units located on private streets the minimum building setback shall be 21 feet measured from the centerline of the street. Stoops for ranch multi-family units may encroach setback area up to 3'. Minimum side yard building setback on corner ranch multi-family unit buildings shall be 21 feet measured from the centerline of the street.
7. For multi-family apartment units located on private streets, the minimum building setback shall be 35 feet measured from the centerline of the street. A 4' sidewalk and an 11' tree lawn shall be provided in front of each building that has frontage along a primary access street as shown on the Typical Site Design Elements Plan attached as Exhibit D. All buildings that front onto a parking area shall have a minimum building setback of 10' from the edge of pavement.
8. All buildings and parking shall be setback 250' from the centerline of Warner Road as required by the Rocky Fork Blacklick Accord.
9. The street alignments shall be developed as shown on the attached Site Plan; however they are subject to refinement with final engineering and may be adjusted to reflect engineering, topographical or other site considerations established at the time of development. The director of development or the director's designee may approve adjustments to the street alignments upon submission of the appropriate data regarding the proposed adjustment.
10. Private streets shall be at least 22 feet in width for ranch multi-family units and for multi-family apartment units. Intersection details, including turning radii and tapers, will comply with the City of Columbus standards for 22' wide streets.
11. A bike path will be installed as shown on the Open Space Exhibit attached hereto as Exhibit B with connections to the properties to the east and to the west.
12. Developer will install concrete sidewalk or multi-use path along the south side of Warner Road. The locations of sidewalks throughout the development are shown on the Open Space Exhibit attached hereto as Exhibit B. Developer will also dedicate ten feet of additional right of way along Warner Road to the City of Columbus.
13. At least 2 enclosed spaces per dwelling unit shall be provided for the attached multi-family ranch units. 2 parking spaces per dwelling unit shall be provided for multi-family apartment units.
14. Parking restrictions shall be controlled by appropriate signage displayed within the development and shall include that parking shall be limited to one side of the Street and that no parking shall be permitted on either side of any street within 61' of street intersection. Fire hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the condominium association shall be established by the rules and regulations of the condominium.
15. The owner, developer and or the association of owners must establish and maintain an agreement(s) with private towing company(s), which agreements authorize the private towing company(s) to remove/tow any vehicles parking in restricted areas. There may be one or more such agreements with one or more towing company for any times, lengths, terms, etc., as the association determines, so long as at least one such agreement shall always at all times be in force for the purposes of enforcement, removal, towing as required above. Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
16. Parking is restricted to garages and on streets (as set forth above). In conjunction with note above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
17. The owner, developer, or the owners association, as applicable, 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 or alleys.
18. For multi-family apartment units, the developer shall install the total number of trees equal to one street tree per thirty (30) lineal feet of street frontage for both sides of the street, which trees may be evenly spaced at 1 tree per 30', or grouped, and the remainder distributed throughout the site. Developer reserves the right to place trees based on the site conditions and may redistribute the balance as grouped elsewhere throughout the site.
19. For attached ranch multi-family units, the developer shall install at least the equivalent of one street tree per thirty (30) lineal feet of street frontage on primary access streets, for both sides of street. If staggered, there shall be a maximum horizontal spacing (across street) of 30'. Street trees shall be installed at regular intervals, per the above. Developer reserves the right to place trees based on site conditions, and may redistribute the balance as grouped elsewhere throughout the site.
20. Street trees shall be 2.5-inch caliper minimum at the time of planting, and species shall not be mixed on individual streets.
21. City of Columbus parkland dedication requirements were met as part of a development to the north (Albany Crossing). The developer will also be giving to the City of Columbus the wetlands preservation area identified on the Site Plan. Fencing will be installed to separate the wetlands area from the development per Recreation and Parks requirements.
22. Where drive aisles are adjacent to residential buildings, those areas shall be screened with hedge rows which shall be 4 feet in height within two years of planting. A minimum of 5% of parking areas shall be landscaped. All parking lots that front onto access streets or open space shall be screened with hedge rows which shall be 4' in height within two years of planting. Parking buffers will be installed in accordance with the Typical Site Design Elements Plan attached as Exhibit D.
23. Developer shall replace dead or decayed plant material within 6 months or by the next growing season. Existing trees in the setback areas along the property lines will be preserved except where it is necessary for utility crossings. Existing trees will also be preserved within a 50 foot distance from the centerline of the stream (100' total) as indicated on the Site Plan attached hereto as Exhibit A. Existing trees in the wetlands preservation area as shown on the Site Plan will also be preserved.
24. Developer shall install street trees along Warner Road at a rate of 4 per 100 linear feet. which may be evenly spaced, grouped, or used to supplement the existing tree line.
25. The Site Plan provides approximately 17.74 +/- acres of open space. All open space shall be maintained by an owners association. All open space as depicted in Area E on the open space plan shall be preserved.
26. The subject site shall be developed in accordance with the Site Plan attached as Exhibit A. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the Plan is subject to review and approval by the Director of the Department of Development, or his/her designee, upon submission of the appropriate data regarding the proposed adjustment.
27. This site is included within the Pay as We Grow plan for the northeast growth corridor. The developer has committed to paying $700.00 $2300.00 per dwelling unit towards infrastructure costs.
28. Attached ranch multi-family units will constructed with an exterior of a mixture of hardiplank and brick or stone.
29. Multi-family apartment buildings will be constructed with an exterior of a mixture of brick, "shake" siding and New Albany beaded vinyl siding as showing on the Architectural Features Plan attached as Exhibit C and the Sample Elevations attached as Exhibits C1 and C2.
30. Main entry features will be landscaped and lit with concealed uplights.
31. Lighting poles shall be cut-off fixture types. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed eighteen (18) feet in height.
32. 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 revoked by the City of Columbus, or if a future owner requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
33. Developer shall install decorative street lamps at regular intervals similar to City of Columbus standard spacing. Street light spacing on public street(s) shall be per City code. All lighting fixtures within the multi-family sub-area shall be similar in style or type.
34. If security lighting is used, it shall be motion detector type lighting.
35. Outdoor light poles shall not exceed eighteen (18) feet in height. All wiring shall be concealed and/or underground. Ground-mounted lighting shall be shielded and landscaped.
36. All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
37. Prior to site compliance plan approval, the final plans for the design of the Warner Road Full Replacement & Warner/Ulry Improvements that have been signed and approved by all applicable government agencies shall be provided to the City of Columbus in accordance with the Memorandum of Understanding comprising this property that was executed on February 23, 2006.
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.