Explanation
Rezoning Application Z12-007
APPLICANT: Colonial American DevelopmentCorporation; c/o Jeffrey L. Brown, Atty.; Smith & Hale, LLC; 37 West Broad Street, Suite 725, Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on April 12, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-ARLD, Limited Apartment Residential District will allow for controlled multi-unit development in harmony with the surrounding land use and zoning patterns. Deviation from the Interim Hayden Run Corridor Plan (2004) is supported because the westward extension of Tuttle Boulevard is not yet scheduled for construction, a light rail line contemplated as part of a regional system in 2004 has not been pursued and because of market dynamics making office development challenging in areas such as this.
Title
To rezone 5287 AVERY ROAD (43002), being 13.1± acres located on the west side of Avery Road, 1930± feet south of Rings Road, From: R, Rural District, To: L-ARLD, Limited Apartment Residential District (Rezoning # Z12-007).
Body
WHEREAS, application #Z12-007 is on file with the Building and Zoning Services Department requesting rezoning of 13.1± acres from R, Rural District, to L-ARLD, Limited Apartment Residential 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 proposed L-ARLD will allow for controlled multi-unit development in harmony with the surrounding land use and zoning patterns. Deviation from the Interim Hayden Run Corridor Plan (2004) is supported because the westward extension of Tuttle Boulevard is not yet scheduled for construction, a light rail line contemplated as part of a regional system in 2004 has not been pursued and because of market dynamics making office development challenging in areas such as this, 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:
5287 AVERY ROAD (43002), being 13.1± acres located on the west side of Avery Road, 1930± feet south of Rings Road, and being more particularly described as follows:
Description of an 11.776 Acre parcel for Zoning Purposes
Situate in the County of Franklin, City of Columbus, State of Ohio, Virginia Military Survey Number 3012 and being all out of a 13.051 acre parcel of land conveyed to Joseph S. Dallas and Angelo J. Dallas, III, or to their successors, as Co-Trustees of the Angelo J. Dallas Trust Agreement dated May 17, 1996 as recorded in Instrument Number 200103260060488, all references to records being on file in the Office of the Recorder, Franklin County, Ohio, said 11.776 acre parcel being more fully described herein;
Beginning for reference at the northeast corner said 13.051 and also being the southeast corner of a 22.624 acre parcel of land conveyed to Angelo J Dallas TR ET AL of record in Deed Book 3310, Page 166, said point also being in the centerline of Avery Road (Right of Way varies) a public dedicated road;
Thence South 84° 12' 00" West with the north line of said 13.051 acre parcel and the south line of said 22.624 acre parcel, a distance of 83.35 feet to the True Point of Beginning;
Thence South 10° 30' 00" West parallel to the centerline of Avery Road, a distance of 693.91 feet to a point on the south line of said 13.051 acre parcel and on the north line of a 1.004 acre parcel of land conveyed to David S. Weatherby of record in Instrument Number 200310240341833;
Thence South 84° 23' 00" West with the south line of said 13.051 acre parcel and the north line of said 1.004 acre parcel, a distance of 277.85 feet to a point at the northwest corner of said 1.004 acre parcel;
Thence South 05° 37' 00" East with the west line of said 1.004 acre parcel, a distance of 125.00 feet to a point at the southwest corner of said 1.004 acre parcel and also being on the north line of a 1.584 acre parcel of land (Lot 9, Avery Parcels, Plat Book 60, Page 77) conveyed to Barbara J Lemaster of record in Instrument Number 2009012020012553;
Thence South 84° 23' 00" West with the south line of said 13.051 acre parcel and the north line of said Lot 9, a distance of 331.90 feet to a point at the southwest corner of said 13.051 acre parcel and the northwest corner of said Lot 9 and also being on a easterly line of a 123.253 acre parcel of land conveyed to Homewood Corporation of record in Official Volume 23250, Page A17;
Thence North 05° 57' 00" West with the west line of said 13.051 acre parcel and the easterly line of said 123.253 acre parcel, a distance of 789.07 feet to a point at the northwest corner of said 13.051 acre parcel, the northeast corner of said 123.253 acre parcel and also being on the south line of a 64.189 acre parcel of land conveyed to Angelo J Dallas TR ET AL of record in Deed Book 3296, Page 493;
Thence North 84° 12' 00" East with the north line of said 13.051 acre parcel, the south of said 64.189 acre parcel and the south line of said 22.624 acre parcel, a distance of 806.97 feet to the True Point of Beginning, containing 13.051 acres, subject to all easements and documents of record.
For the purpose of this description a bearing of South 10° 30' 00" West was held on the centerline of Avery Road as shown in Instrument Number 200103260060488. This description was prepared from documents of record. No actual field survey was preformed.
To Rezone From: from R, Rural District
To: L-ARLD, Limited Apartment Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-ARLD, Limited Apartment Residential District on this property.
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved L-ARLD, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plan titled, "ZONING SITE PLAN," dated March 15, 2012, and said text titled, "LIMITATION TEXT," signed by Randall B. Palmer, President, dated April 16, 2012, and reading as follows:
LIMITATION TEXT
Zoning Districts: L- ARLD
Address: 5787 Avery Rd.
Columbus, Ohio 43002
Owner(s): Angelo J. Dallas Trust
FBO Marghrita (Dallas) Hennon
Applicant: Colonial American Development Corporation
Date of Text: April 16, 2012
Application: Z12 - 007
Introduction: The applicant owns or controls by contract approximately 13.050 =/- acres located on Avery Road. The applicant seeks to rezone the site for future residential multi-family uses. The applicant seeks to rezone the existing site from R to L-ARLD - Limited Apartment Residential Low Density.
2. Permit Uses: The permitted uses for the site shall be those allowed in Section 3333.02 ARLD of the Columbus City Code.
3. Development Standards: Except as otherwise noted above and herein, the applicable development standards of Chapter 3333 ARLD shall apply to this site.
A. Density. Lot, and/or Setback Commitments.
1. Maximum number of dwelling units shall be 165.
2. Building setback and maneuvering and parking setbacks are shown on the submitted zoning exhibit.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. At least one bike rack located within fifteen (15) feet of each building shall be provided on site.
2. If this development (Z12 - 007) has access to a traffic signal on Avery Road, the developer will share in the cost of the installation and maintenance costs of such a signal and will enter into a signal maintenance agreement with the City of Columbus if requested by the City of Columbus.
3. All new sidewalks installed within the development shall be a minimum of five feet (5') wide. All sidewalks accessing apartments from five feet (5') or six feet (6') pedestrian circulation walks shall be three feet (3') wide.
4. A walking path shall be incorporated into the development.
5. Parking areas along the Avery Road right of way from the north property line to the south property line shall be limited to one bay of parking along the parking access drive. The parking bay shall be along the west side of the aisle.
6. The centerline of the access point for this development shall be approximately 375 feet south of the north property line and this access point shall be aligned with the proposed full access point serving proposed areas of development on the east side of Avery Road.
7. A northbound left turn lane with a length of 285' (includes taper) and a southbound right turn lane with a length of 285' (includes taper) shall be provided at the proposed access point. Depending on the timing of the development of this site and the timing of adjacent roadway improvements, the commitment(s) stated in this paragraph may be fulfilled with a contribution toward future roadway improvements of an equal value of the estimated cost of these committed roadway improvements at the sole discretion of the City of Columbus, Department of Public Service.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The frontage along Avery Road shall be landscaped with 2 deciduous and 2 ornamental trees planted for every 100 feet of frontage. These trees may be evenly spaced or grouped together.
2. The following list of plants shall be installed in addition to 3.C.1. of the Limitation Text and in addition to the required plants per the Columbus Zoning Code:
a. Along the north property line - 8 deciduous trees.
b. Along the west property line - 12 deciduous trees.
c. Along the south property line - 16 deciduous trees.
All trees are to be sized and installed per the City of Columbus zoning regulations, Section 3321.13.
3. The developer shall comply with the Parkland Dedication Ordinance by contributing cash in lieu of land to the City of Columbus Recreation and Parks Department.
4. The developer shall follow the submitted site plan with respect to saving the existing tree lines that run along the north, west and south property lines as shown on the submitted plan titled Zoning Site Plan, March 15, 2012.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The rear facade of any building shall not face Avery Road.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Graphics and/or Signage Commitments. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the ARLD, Apartment Residential district and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
2. Residential streetlights should be post-top style decorative fixtures that do no exceed a height of 15 feet.
3. Cut-off type fixtures (down lighting) should be incorporated to minimize spillage on adjacent sites.
4. All new wiring should be underground.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.