Explanation
REZONING APPLICATION # Z06-049
APPLICANT: Village Communities, Inc.; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Single-family and multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on August 10, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-6, Planned Unit Development District would permit 138 104 single-family dwellings and 72 attached multi-family units on 43.73± acres with 12.97± acres of open space and total gross density of 4.8 4.02 dwelling units per acre. The requested rezoning is consistent with the Rocky Fork/ Blacklick Accord (2003) with respect to land use recommendations, and through working with the site's natural characteristics, and the setback and treatment along Warner Road. The PUD-6 development plan and notes provide customary development standards and adequate buffering and screening throughout the site. The requested PUD-6, Planned Unit Development District is consistent 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-8, Planned Unit Development District, To: PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z06-049)
Body
WHEREAS, application #Z06-049 is on file with the Building Services Division of the Department of Development requesting rezoning of 43.73± acres from PUD-8, Planned Unit Development District, to PUD-6, Planned Unit Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; 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 City Departments recommend approval of said zoning change because the requested PUD-6, Planned Unit Development District would permit 138 104 single-family dwellings and 72 attached multi-family units on 43.73± acres with 12.97± acres of open space and total gross density of 4.8 4.02 dwelling units per acre. The requested rezoning is consistent with the Rocky Fork/ Blacklick Accord (2003) with respect to land use recommendations, and through working with the site's natural characteristics, and the setback and treatment along Warner Road. The PUD-6 development plan and notes provide customary development standards and adequate buffering and screening throughout the site. The requested PUD-6, Planned Unit Development District is consistent 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-8, Planned Unit Development 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, "ALBANY LANDING," and said notes being titled, "PUD PLAN NOTES," both dated August 11, 2006 November 30, 2006 and signed by Jill S. Tangeman, Attorney for the Applicant.
PUD PLAN NOTES:
APPLICATION: Z06-049
Location: 4871 Warner Road; Columbus, OH 43081
Applicant(s): Village Communities, Inc.; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
Property Owner(s): Dominion Homes, Inc.; 5000 Tuttle Crossing Boulevard, Dublin, OH 43016.
Date of Text: August 11, 2006 November 30, 2006
INTRODUCTION
The 43.73± acre site was rezoned in 2005 to PUD-8 to allow for 294 detached single-family and townhouse units with approximately 10 acres of open space. The applicant is seeking this rezoning to PUD-6 for the purpose of altering the approved site plan to permit a mixture of detached single-family condominium units and ranch multi-family condominium units. The applicant proposes to reduce the number of approved units to 210 176 and to allow for more than 12 13 acres of open space.
GENERAL
1. 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. Attached ranch multi-family units will constructed with a mixture of hardiplank and brick or stone.
STREETS
2. The street alignments shall be developed as shown on this 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.
3. Private streets shall be at least 22 feet in width for ranch multi-family units and 24' for single family detached units. Intersection details, including turning radii and tapers, will comply with the City of Columbus standards for 22' & 24' wide streets.
4. For single-family detached units (patio homes), 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 38' to 40', or grouped, and the remainder distributed throughout the site. Developer reserves the right to place trees based on the site conditions.
5. 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, 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.
6. Street trees shall be 2-inch caliper minimum at the time of planting, and species shall not be mixed on individual streets.
7. For attached multi-family units, 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. For single-family detached units (patio homes), developer shall install either a coach light (to be located on the home near front door) or a post light (to be located between the sidewalk and porch) All lighting fixtures within the patio homes area shall be similar in style or type.
8. If security lighting is used, it shall be motion detector type lighting.
9. 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.
10. Concrete sidewalks shall be provided by the developer on both sides of private streets for the single-family detached units, except for single-loaded streets (including islands where no structures are located), which shall have sidewalks on the house side of the street only. Concrete sidewalks shall also be provided by the developer on the internal loop street as set forth on the site plan. A bike path will be installed as shown on the site plan with connections to the properties to the east and to the west.
11. Developer will install concrete sidewalk or multi-use path along the south side of Warner Road. Developer will also dedicate ten feet of additional right of way along Warner Road to the City of Columbus.
PARKING
12. At least 2 enclosed spaces per dwelling unit shall be provided. Stacked parking in driveway of multi-family units shall be permitted.
13. 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 / homeowner association shall be established by the rules and regulations of the condominium or homeowner association.
14. The owner, developer and or the association of homeowners 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.
15. Signage regulating parking shall be installed consistent with City signage requirements for private streets, and parking requirements shall be enforced through an agreement between the association of homeowners and a private towing company. Such agreement, together with the association's governing documents, shall be filed with the Columbus Division of Fire consistent with Columbus City Code 3320.15(A) (6).
16. Parking is restricted to garages and on streets (as set forth above), and in driveways where applicable. 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.
BUILDING SETBACKS
18. Minimum separation between buildings shall be at least 10 feet.
19. For single-family detached units located on private streets the minimum building setback shall be 36 50 feet measured from the centerline of the street. Stoops/porches may encroach setback area up to 8' for single-family detached units. Minimum side yard building setback on corner single-family detached buildings shall be 36 41 feet measured from the centerline of the street. Garages for single-family detached units will be no closer than 18' from the sidewalk. Decks may encroach on rear yard setback by 12' for single-family detached units. 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.
LANDSCAPE
20. City of Columbus parkland dedication requirements were met as part of a development to the north (Albany Crossing). Therefore, there is no additional parkland dedication (whether fee in lieu or additional land) required for this community.
21. A landscape buffer with a 75% opacity within 5 years of planting will be provided for the northern 30' landscape buffer, as designated on the site plan. Plants will be installed as per plan (except where it may be necessary to adjust for proper drainage and engineering). If mounding is used, there shall be a maximum 3:1 slope.
22. Developer shall replace dead or decayed plant material within 6 months or by the next growing season. All efforts will be made to maintain existing trees, except where it is necessary for proper drainage and engineering. Existing trees will be maintained within a 75 foot distance from the centerline of the stream as indicated on the plan (tree preservation area).
23. 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.
24. The development plan provides approximately 12 13 acres of open space. All open space shall be maintained by an owners association.
MISCELLANEOUS
25. The subject site shall be developed in accordance with the attached Development Plan. The development 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.
26. The developer will maintain the hydrology of the wetlands area and will install a re-charge well if necessary to provide a sufficient level of water. In addition, the developer will grant the City of Columbus a conservation easement over the wetlands area and surrounding buffer to insure that the area is not disturbed.
27. This site is included within the Pay as We Grow plan for the northeast growth corridor. The developer has committed to paying $2,300.00 per dwelling unit towards infrastructure costs.
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.