Explanation
REZONING: Z03-011
APPLICANT: Denis R. King, Jr.; 1820 Abbotsford Green Drive; Powell, Ohio 43065.
PROPOSED USE: Attached single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-3) on April 10, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for the PUD-6, Planned Unit Development District to develop ten twin-single dwellings at net density of 4.6± units per acre is in character with existing development in this area, including L-R2F, Limited Residential Two-family zoning to the south along Linworth Road. The PUD-6 plan provides a public street with easements for utilities and sidewalks, a sidewalk and landscaping with street trees along Linworth Road and 0.85 acres of open space along the ravine to the north.
Title
To rezone 5360 LINWORTH ROAD (43235), being 5.16± acres located on the east side of Linworth Road at the terminus of Congressional Way, From: R, Rural District, To: PUD-6, Planned Unit Development District.
Body
WHEREAS, application #Z03-011 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.16± acres from R, Rural District to PUD-6, 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 applicant's request for the PUD-6, Planned Unit Development District to develop ten twin-single dwellings at net density of 4.6± units per acre is in character with existing development in this area, including L-R2F, Limited Residential Two-family zoning to the south along Linworth Road. The PUD-6 plan provides a public street with easements for utilities and sidewalks, a sidewalk and landscaping with street trees along Linworth Road and 0.85 acres of open space along the ravine to the north; now, therefore:
Whereas, any increase in density or the number of dwelling units shall require the subject property to be rezoned and that, per Building Services Division policy, any rezoning or variance application shall be forwarded to the Northwest Civic Association (NWCA) for review and recommendation and the applicant shall be advised to contact and meet with NWCA accordingly; and
Whereas, the respective PUD, Planned Unit Development Districts are established in maximum net density increments of PUD-2, PUD-4, PUD-6, and PUD-8; and
Whereas, Section 3345.03, Density and dedicated lands, requires that each density shall be equal to the sum of all dwelling units proposed for the project application divided by the net land area of the site; the net land area of the site shall be the total land area of the site included in the application minus dedicated streets; and
Whereas, the gross density of this proposed 20-unit PUD-6 is 3.879 units per acre but the applicant's willingness to construct a public dedicated street results in a net density of 4.644 thereby necessitating the underlying PUD-6 district instead of the PUD-4 district; and
Whereas, the only changes made to the site plan enclosed herein titled "FINAL DEVELOPMENT PLAN FOR 5.516 ACRES, LINWORTH ROAD, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO", signed by Paul Cugini and dated May 2, 2003 since the Development Commission hearing on April 10, 2003 reflect those additional commitments made by the applicant to satisfy conditions of the Building Services Division staff and of the Northwest Civic Association; and
Whereas, this ordinance is conditioned upon the subject property being developed in accordance with the site plan enclosed herein titled "FINAL DEVELOPMENT PLAN FOR 5.516 ACRES, LINWORTH ROAD, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO", signed by Paul Cugini and dated May 2, 2003; and
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:
5360 LINWORTH ROAD (43235), being 5.16± acres located on the east side of Linworth Road at the terminus of Congressional Way, and being more particularly described as follows:
DESCRIPTION OF 5.156± ACRES OF LAND LOCATED
ON THE EASTERLY SIDE OF LINWORTH ROAD AT
CONGRESSIONAL WAY IN THE TOWNSHIP,
COUNTY OF FRANKLIN, STATE OF OHIO
Situated in the State of Ohio, County of Franklin, Township of Sharon, being in Quarter Township 3, Township 2, Range 18, United States Military Lands, containing 5.156 acres, more or less, said 5.156 acres are comprised of all of a 4.000 acre tract of land described in the deed to Norma J. Mendes, of record in Instrument No. 199903020052901 and all of that 1.156 acre tract of land described in the deed to Dallas D. DeLashmutt and Helen I. DeLashmutt, of record in Deed Book 2474, Page 415, all of the above records being found in the Recorder's Office, Franklin County, Ohio; said 5.156 acres being more particularly described as follows:
Beginning, at the centerline intersection of Congressional Way and Linworth Road (60.00 feet in width), said beginning point being in the westerly line of said 4.000 acre tract;
Thence N21° 05' 00"W, with the centerline of said Linworth Road and with the westerly line of said 4.000 acre tract, a distance of 201.00 feet, more or less, to an angle point;
Thence N25° 04' 00"W, continuing with the centerline of said Linworth Road and with the westerly line of said 4.000 acre tract, a distance of 114.07 feet to the northwesterly corner of said 4.000 acre tract;
Thence N69 °15' 54"E, with the northerly line of said 4.000 acre tract, a distance of 515.71 feet to a point in the westerly boundary of Katherine's Wood, a subdivision of record in Plat Book 69, Page 23, Recorder's Office, Franklin County, Ohio;
Thence S00° 15' 00"E, with the easterly line of said 4.000 acre tract and with the westerly boundary line of said Katherine's Wood, a distance of 494.31 feet to a southwesterly corner of said Katherine's Wood, the same being in a northerly line of Briarbank No. 2, a subdivision of record in Plat Book 34, Page 96, Recorder's Office, Franklin County, Ohio;
Thence S89° 45' 00"W, with the southerly line of said 4.000 acre tract and with a northerly line of said Briarbank No. 2, a distance of 18.33 feet to the northeasterly corner of said 1.156 acre tract, the same being a northerly corner of said Briarbank No. 2;
Thence S11° 13' 32"E, with an easterly line of said 1.156 acre tract and with a westerly line of said Briarbank No. 2, a distance of 119 97 feet to a point;
Thence S74° 51' 330"W, with a southerly line of said 1.156 acre tract and with a northerly line of said Briarbank No. 2 and crossing Linworth Road, a distance of 295.89 feet to a point in the centerline of said Linworth Road;
Thence N21° 05' 00"W, with said centerline of Linworth Road and with the westerly line of said 4.000 acre tract, a distance of 231.38 feet to the point of beginning and containing 5.156 acres of land, more or less;
The above description has been prepared for rezoning purposes only and it is not intended for land transfer purposes.
BAUER, DAVIDSON & MERCHANT, INC.
Consulting Engineers
To Rezone From: R, Rural District
To: PUD-6, Planned Unit Development District.
Section 2. That a Height District of Thirty-five (35) feet is hereby established on the PUD-6, 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-6, 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 "FINAL DEVELOPMENT PLAN FOR 5.156 ACRES, LINWORTH ROAD, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO," signed by Paul Cugini., Agent for the Applicant, and dated May 2, 2003.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.