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File #: 0907-2009    Version:
Type: Ordinance Status: Passed
File created: 6/16/2009 In control: Zoning Committee
On agenda: 7/20/2009 Final action: 7/23/2009
Title: To rezone 4393 WINCHESTER PIKE (43232), being 17.76± acres located on the south side of Winchester Pike, 2480± feet west of South Hamilton Road, From: R-1, Residential District, To: L-AR-4, Limited Apartment Residential District (Rezoning # Z09-008).
Attachments: 1. ORD0907-2009Attachments.pdf, 2. ORD0907-2009Labels.pdf, 3. ORD0907-2009DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Rezoning Application Z09-008
 
APPLICANT:  WatCon Engineering; c/o Doug Tailford, Agent; 83 Shull Avenue; Gahanna, OH 43230.      
 
PROPOSED USE:  Multi-family residential or housing for the elderly development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on June 11, 2009.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-AR-4, Limited Apartment Residential District will allow a maximum of 153 units for multi-family residential development, housing for the elderly, or assisted living.  The proposal contains appropriate use restrictions, landscaping and buffering provisions in consideration of surrounding single-family residential uses, exterior building material commitments, lighting controls, and commits to a 5± acre conservation area over the flood plain along the south and east portions of the site which will be deeded to Columbus Recreation and Parks Department.  The request is compatible with the zoning and development patterns of the area.
 
 
Title
 
To rezone 4393 WINCHESTER PIKE (43232), being 17.76± acres located on the south side of Winchester Pike, 2480± feet west of South Hamilton Road, From:  R-1, Residential District, To:  L-AR-4, Limited Apartment Residential District (Rezoning # Z09-008).
 
 
 
Body
 
WHEREAS, application # Z09-008 is on file with the Building Services Division of the Department of Development requesting rezoning of 17.76± acres from R-1, Residential District, to L-AR-4, Limited Apartment Residential District District; and
 
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes that this development has five foot wide sidewalk on Winchester Pike, sidewalk access into the site, and centrally located bike racks; 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 L-AR-4, Limited Apartment Residential District for a maximum of 153 multi-family units contains appropriate limitations and development standards in consideration of surrounding single-family residential uses.  The request is compatible 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:
 
4393 WINCHESTER PIKE (43232), being 17.76± acres located on the south side of Winchester Pike, 2480± feet west of South Hamilton Road, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, City of Columbus and being 17.7609 acres out of a 139.19 acre tract conveyed to The Columbus & Southern Ohio Electric Company by Deed of Record in Deed Book 2616, Page 108, Recorder's Office, Franklin County, Ohio, said 17.7609 acre tract being more particularly described as follows:
 
Beginning at a spike in the centerline of Winchester Pike (Old State Route 33) at the northeasterly corner of a 3.877 acre tract conveyed to H. L. Taylor by Deed of Record in Deed Book 2749, Page 55, recorder's Office, Franklin County, Ohio; thence from the said place of beginning.
 
South 56° 33' 19" East, a distance of 905.78 feet along the centerline of said Winchester Pike to a spike in the easterly line of the said 139.19 acre tract and being in the center of a bridge over Big Walnut Creek; thence
 
South 21° 18' 55" East, a distance of 213.13 feet along the center of Big Walnut Creek and the easterly line of the said 139.19 acre tract to a point in the center of said Big Walnut Creek and the easterly line of the said 139.19 acre tract; thence
 
South 12° 11' 05" West, a distance of 119.46 feet along the easterly line of the said 139.19 acre tract to a point in said Big Walnut Creek and the easterly line of the said 139.19 acre tract; thence leaving said Big Walnut Creek
 
South 31° 41' 05" West, a distance of 500.28 feet along the easterly line of the said 139.19 acre tract to an iron pin being the southeasterly corner of the said 139.19 acre tract; thence
 
North 86° 48' 55" West, a distance of 631.62 feet along a southerly line of the said 139.19 acre tract to an iron pin being a corner of said 139.19 acre tract: thence
 
North 04° 03' 05" east, a distance of 1208.17 feet along a line of the said 139.19 acre tract and the easterly line of the said 3.877 acre tract to the place of beginning, containing 17.7609 acres of land, subject however, to all legal rights-of-way and easements.
 
This survey was completed by Richard W. Conrad
Registered Surveyor #5041
 
To Rezone From: from R, Rural, District
 
To: L-AR-4, Limited Apartment Residential District
 
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-AR-4, Limited Apartment 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-AR-4, Limited Apartment 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, "LANDSCAPE BUFFER PLAN," said text being titled, "LIMITATION TEXT," both signed by William A. Gerhardt,  Owner, dated  May 1, 2009, and the text reading as follows:
 
LIMITATION TEXT
 
 
PROPOSED DISTRICT:  L-AR-4
 
PROPERTY ADDRESS:  4393 Winchester Pike, Columbus, Ohio 43232
 
OWNER(s):  William A. Gerhardt
 
APPLICANT:  WatCon Engineering
 
DATE OF TEXT:  5/1/09
 
APPLICATION NUMBER:  Z09-008
 
 
1.  INTRODUCTION
 
The site to be rezoned consists of approximately 17.76 acres of land intended to be used for residential use in the form of multi-family either for "Rent" and/or for "Sale".  The Property is west of Big Walnut Creek and south of Winchester Pike.  This area is currently zoned R-1.  
 
2.  PERMITTED USES
 
Within the Property to be rezoned the permitted uses shall consist of all AR-4 uses permitted under Section 3333.035 (1-15 and 19) of the Columbus Zoning Code.  Uses as specified under Section 3333.035 (19) shall be limited to home for the aging, nursing home, rest home and shared living facility (limited to Assisted Living Facility).  
 
3.  DEVELOPMENT STANDARDS
 
A.  Density, Lot, Height and/or Setback Commitments.
 
1.  The density of the Property shall be limited to a maximum of 153 residential units.
 
2.  The first row of buildings closest to Winchester Pike will be a maximum of two stories in height.
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
 
1.  Access to the Property from the north shall be by way of the private drive to be constructed from the full service curb cut on Winchester Pike.  All streets shall be a minimum of 20' wide, and all streets, parking areas and drive aisles on the Property shall be privately owned, and shall be maintained by the owner of the Residential development.
 
2.  All circulation, curb cuts, access points, and road improvements, including a left turn lane (if required) shall be subject to the approval of the Franklin County Engineer's Office or other applicable governmental agency.
 
3.  Sidewalks and/or Pathway.  Applicant agrees to construct 5' wide sidewalks and/or pathways (i) along the south side of Winchester Pike; (ii) along the internal road providing access to the site from Winchester Pike.  Centrally located bike rack(s) shall be installed for residents, employees and/or visitors.
 
C.  Buffering, Landscaping, Landscape Plan, Open Space, and/or Screening Commitments.
 
1.  Street trees shall be planted evenly spaced along Winchester Pike at a ratio of not less than one tree per thirty (30) feet of frontage.
 
2.  A landscape buffer consisting of trees and shrubs shall be provided along the west property line near the residential structure on the parcel just to the west of this parcel.  Landscape buffer shall be consistent with Exhibit "A" attached herein.  The trees comprising the landscape buffer shall be the following species:  Shade trees shall be Green Mountain Sugar Maple, and/or Green Spire Linden; Ornamental trees shall be Ohio Pioneer Hawthorn (thornless) or any of the various varieties of Crabapple; and Evergreen trees shall be Colorado Blue Spruce or Norway Spruce.
 
3.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
 
4.  All trees shall meet the following minimum size at the time of planting:  Shade trees - 2 ½" caliper; Ornamental trees - 1 ½" caliper; Evergreen trees - 5 feet in height.  Tree caliper is measured six inches (6") from the ground.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  Pitched Roof.  All buildings shall have a pitched or angled roof.
 
2.  Rooftop Mechanicals Screening.      Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.  Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.  This section shall not require screening of wall- or ground-mounted utility meter boxes.
 
3.  Building Height.  Buildings constructed on the Property shall not exceed thirty-five feet (35') in height as measured from finish grade at the base of the building.
 
4.  Building Materials.  Building materials shall be a combination of natural materials (brick, stone, etc.) and vinyl siding.
 
E.  Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
 
1.  Lighting.
 
i.  Light standards shall not exceed fifteen feet (15') in height.
 
ii.  Lights shall meet current City of Columbus standards and specifications for residential community streets and parking lots.
 
iii.  For aesthetic compatibility, lights shall be from the same or similar type, color and supplied by the same manufacturer.
 
iv.  Lighting shall not exceed 0.1 foot-candle, measured horizontally, anywhere along a property line.
 
2.  Conservation Area, Parkland and/or Bikeway.
 
i.   Prior to the issuance of zoning clearance, Applicant shall convey title to the City of Columbus Recreation and Parks Department a 5+/- acre parcel of land along the west and north of Big Walnut Creek, for parkland.  There shall be a 25' easement/setback along the new adjoining parcel line for all structures with the exception of access paths.  This parcel shall be kept as near to existing grades and conditions as possible to facilitate the future construction of a trail.  Grading plans for the proposed development shall be presented for approval to the Columbus Recreation and Parks Department prior to construction.
 
 
F.  Graphics and/or Signage Commitments
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.