Explanation
REZONING APPLICATION: Z03-021.
APPLICANT: Triangle Properties Inc.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Multi-family and single-family development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 12, 2003.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for the PUD-8, Planned Unit Development District to develop 130 single-family lots at a density of 4.5 units per acre is consistent with existing zoning that allowed single-family development east of the park, with the recommendations of the Northwesteast Area Plan, and with a recent rezoning to allow single-family development to the south across Lifestyles Boulevard. Staff recognizes this as a down zoning because the maximum number of dwelling units allowed in this sub-area will be reduced from 1310 units to 1088 units.
Title
To rezone 3614 LIFESTYLES BOULEVARD (43219), being 122.7± acres located west of the terminus of Lifestyles Boulevard and 950± feet north of Agler Road, From: PUD-8, Planned Unit Development District, To: PUD-8, Planned Unit Development District and to declare an emergency. (Rezoning # Z03-021).
Body
WHEREAS, application #Z03-021 is on file with the Building Services Division of the Department of Development requesting rezoning of 122.7± acres from PUD-8, Planned Unit Development District, to PUD-8, Planned Unit Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the North East Area 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 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 applicant's request for the PUD-8, Planned Unit Development District to develop 130 single-family lots at a density of 4.5 units per acre is consistent with existing zoning that allowed single-family development east of the park, with the recommendations of the Northwesteast Area Plan, and with a recent rezoning to allow single-family development to the south across Lifestyles Boulevard. Staff recognizes this as a down zoning because the maximum number of dwelling units allowed in this sub-area will be reduced from 1310 units to 1088 units; 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:
3614 LIFESTYLES BOULEVARD (43219), being 122.7± acres located west of the terminus of Lifestyles Boulevard and 950± feet north of Agler Road, and being more particularly described as follows:
SUBAREA 3E - 122.67± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 2, Township 1, Range 17, United States Military Lands and being 122.67 acres out of those tracts of land as conveyed to David S. Gutridge, Trustee of Benchmark Land Trust by deed of record in Official Record 16546G03, all references being to records of the Recorder's Office, Franklin County, and being more particularly bounded and described as follows:
Beginning at a point in the westerly right-of-way line of Stelzer Road in the northerly line of that tract as conveyed to Constance E. Baker by deed of record in Official Record 26990D19, part of the unrecorded plat of Julia E. White Farm;
thence North 89 deg. 43' 32" West, with said northerly line, a distance of 349.39 feet to the northwesterly corner thereof;
thence South 0 deg. 37' 00" West, with the westerly line of said Baker tract, a distance of 170.06 feet to a point in the westerly line of that tract as conveyed to Robert A. & Brenda L. Wilson of record in Deed Book 3687, Page 678;
thence with a new division line across said Gutridge tract, the following courses and distances:
North 89 deg. 35' 06" West, a distance of 280.00 feet to a point;
South 0 deg. 24' 54" West, a distance of 434.36 feet to a point on a curve;
With a curve to the right (Delta = 24 deg. 15' 29", Radius = 370.00 feet) a chord bearing and distance of South 78 deg. 17' 09" West, 155.48 feet to a point of tangency;
North 89 deg. 35' 06" West, a distance of 666.01 feet to a point;
South 40 deg. 23' 01" West, a distance of 480.00 feet to a point in the easterly line of that tract as conveyed to BenchMark Enterprises, Inc. of record in Official Record 28756C06;
thence North 60 deg. 22' 28" West, with the easterly line of said BenchMark Enterprises, Inc. tract a distance of 208.82 feet to a point of curvature;
With a curve to the right (Delta = 43 deg. 26' 27", Radius = 420.00 feet), a chord bearing and distance North 38 deg. 39' 14" West, 310.87 feet to the northeasterly corner thereof;
thence North 89 deg. 19' 45" West, being with the northerly line of said BenchMark Enterprises, Inc. tract and also with the northerly line of that tract as conveyed to Efficient Property Management, Inc. of record in Official Record 27087G02 and the northerly line of that tract as conveyed to Green Agler Township, Inc. of record in Deed Book 3391, Page 75, a distance of 1540.90 feet to a point in the easterly right-of-way line of Gatewood Road, said point being on the arc of a curve to the right;
thence leaving the northerly line of said Green Agler tract and being with said easterly right-of-way line, the following courses and distances:
With a curve to the right (Delta = 5 deg. 41' 39", Radius = 600.00 feet), a chord bearing and distance North 18 deg. 49' 36" East, 59.60 feet to a point of tangency;
North 21 deg. 40' 25" East, a distance of 213.30 feet to a point of curvature;
With a curve to the left (Delta = 20 deg. 40' 25", Radius = 502.62 feet), a chord bearing and distance of North 11 deg. 20' 13" East, 180.37 feet to a point of tangency:
North 1 deg. 00' 00" East, a distance of 1014.99 feet to a point at the southwesterly corner of Lot 367 of that subdivision entitled ASOMERSET 1" of record in Plat Book 37, Pages 88 through 91:
thence South 89 deg. 00' 00" East, with the southerly lines of Lots 367 through 373 of said "SOMERSET 1" passing the southeasterly corner of said Lot 373 at 435.00 feet and thus making a new division line across said Gutridge tract, a distance of 582.66 feet to a point;
thence continuing with said new division line the following courses and distances:
North 1 deg. 00' 00" East, a distance of 120.00 feet to a point;
North 27 deg. 33' 55" East, a distance of 55.90 feet to a point;;
North 1 deg. 00' 00" East, a distance of 120.01 feet to a point in the southerly line of Lot 361 of said "SOMERSET 1";
thence South 89 deg. 00' 00" East, with the southerly line of Lots 353 through 361 of said "SOMERSET 1", a distance of 551.46 feet to the southeasterly corner of said Lot 353;
thence North 35 deg. 18' 57" East, with the easterly line of Lots 351 through 353 of said "SOMERSET 1", a distance of 227.12 feet to the northeasterly corner of said Lot 351;
thence with a new division line across said Gutridge tracts the following courses and distances:
South 77 deg. 18' 48" East, a distance of 298.13 feet to a point;
North 80 deg. 14' 12" East, a distance of 398.10 feet to a point;
North 19 deg. 37' 55" East, a distance of 93.33 feet to a point;
South 89 deg. 00' 00" East, a distance of 137.15 feet to the northwesterly corner of Lot 982 of that subdivision entitled "SOMERSET 4", of record in Plat Book 37, Pages 98 through 101;
thence with the perimeter of said "SOMERSET 4" the following courses and distances:
South 1 deg. 00' 00" West, a distance of 120.00 to the southwesterly corner of said Lot 982 and the northerly right-of-way line of Glenbar Drive;
North 89 deg. 00' 00" West, with said northerly right-of-way line, a distance of 24.51 feet to a point, said point being the westerly terminus of said Glenbar Drive;
South 1 deg. 00' 00" West, with said Glenbar Drive terminus and with the westerly line of Lot 1223 of said "SOMERSET 4", a distance of 170.00 feet to the southwesterly corner thereof, being in the northerly line of Lot 1204;
North 89 deg. 00' 00" West, a distance of 45.00 feet to northwesterly corner of said Lot 1204:
South 1 deg. 00' 00" West, with the westerly lines of Lots 1199 through 1204, a distance of 474.43 feet to the southwesterly corner of said Lot 1199;
South 89 deg. 00' 00" East, with the southerly lines of Lots 1197 through 1199, a distance of 290.00 feet to a southeasterly corner of said Lot 1197;
North 1 deg. 00' 00" East, with the easterly lines of Lots 1193 through 1199, a distance of 392.00 feet to the northeasterly corner of said Lot 1193;
North 47 deg, 21' 00" East, with the southerly lines of Lots 1187 through 1189, a distance of 380.08 feet to the southeasterly corner of said Lot 1187;
South 89 deg. 00' 00" East, with the southerly lines of Lots 957 through 959, a distance of 135.00 feet to southeasterly corner of said Lot 957 and being in the westerly right-of-way terminus of Langdon Road;
South 82 deg. 01' 42" East, with said Langdon Road terminus, a distance of 50.38 feet to the southwest corner of Lot 956 and being in the easterly right-of-way terminus of Langdon Road;
South 89 deg. 41' 30" East, with the southerly line of Lots 955 and 956, a distance of 119.25 feet to a point in the southerly line of said Lot 955 and being the northwesterly corner of that tract as conveyed to George Jr. & Joann Dixon of record in Deed Book 3377, Page 204, part of the unrecorded plat of Julia F. White Farm.
thence South 0 deg. 02' 58" East, with a westerly line of Julia E. White Farm, a distance of 695.71 feet to a southwesterly corner of that tract as conveyed to Abbott Laboratories by deed or record in Instrument Number 199707080043060;
thence South 89 deg. 41' 30" East, with a southerly line of said Abbott tract, a distance of 353.12 feet to a point in the said westerly right-of-way line of Stelzer Road;
thence South 0 deg. 42' 53" West, with said right-of-way line and a new division line across said Gutridge tract, a distance of 530.30 feet to the true point of beginning and containing 122.67 acres of land, more or less.
This description was prepared by Evans, Mechwart, Hambleton & Tilton, Inc. from existing records and is for zoning purposes only.
To Rezone From: PUD-8, 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, "EXHIBIT A" dated 9/5/03; "EXHIBIT G (1 OF 2)" dated 7/15/98; "EXHIBIT G (2 of 2)" dated 7/15/98; "EXHIBIT H" dated 5/16/01; "EXHIBIT I" dated 11/21/03; "EXHIBIT J (1 of 6)" dated 5/16/01; "EXHIBIT J (2 of 6)" dated 5/16/01; "EXHIBIT J (3 of 6)" dated 5/16/01; "EXHIBIT J (4 of 6)" dated 5/16/01; "EXHIBIT J (5 of 6)" dated 5/16/01; "EXHIBIT J (6 of 6)" dated 5/16/01; "PRESERVE AT ALBANY WOODS" dated 11/21/03; and "PLANNED UNIT DEVELOPMENT AND LIMITATION TEXT" dated 8/21/03, all signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading:
PLANNED UNIT DEVELOPMENT AND LIMITATION TEXT
PROPOSED DISTRICT: PUD-8
PROPERTY ADDRESS: 3614 Lifestyle Boulevard
OWNER: Triangle Properties, Inc.
APPLICANT: Triangle Properties, Inc.
DATE OF TEXT: 8/21/03
APPLICATION NUMBER: Z03-021
INTRODUCTION: Sub area 3E is currently developed with two multi-family complexes with the remaining vacant ground located east of the City's park. The applicant wants to develop the remaining acreage with single-family homes, a portion of which will have alley access. The overall density in this sub area is being reduced with the development of these single-family homes.
SUBAREA 3E: PUD-8 (122.7± ACRES)
1. PERMITTED USES: The permitted uses shall be those contained in Section 3333.02 (AR-12) of the Columbus City Code and single family dwelling units. Density may be allocated to individual tax parcels in excess of AR-12 density so long as the overall density of the entire 122.67 acre sub area does not exceed AR-12.
2. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text, the applicable development standards are found in Chapter 3333 (AR12) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. Maximum number of multi-family (apartment or condominium) and single family dwelling units shall be 1088. Additionally, the area east of the 20± acre park (as shown on Exhibit A) shall be developed with single family homes as shown on the submitted PUD plan titled "Albany Park".
2. Setback from widened Stelzer Road shall be 100 feet (i.e. 160 feet distance from current centerline of Stelzer Road) for all buildings and parking/maneuvering areas except for a reception building (less than 100 sq. ft. in size) which may have a 75 foot setback from Stelzer Road.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Unless otherwise approved by the Division of Traffic Engineering there shall be only one access point to Stelzer Road.
2. A 5 foot wide, paved, public sidewalk/bike path system shall be installed from the east side of the park to Stelzer Road to permit pedestrian travel without using Agler or McCutcheon Road.
3. If a public street is constructed east of the 20 acre park in Sub area 3E for single family lots then the multi-family development in Sub area 3E shall have no driveway access to said public street except for a driveway which is within 1,000 feet of Agler Road.
4. If required by the applicable governmental authority, a left turn lane shall be installed on Stelzer Road at its intersection with Lifestyle Boulevard and at the driveway across from Codet Road.
5. The developer may count the area in front of an attached garage as a parking space for any multi-family development (i.e. a stacked parking space). There shall be a distance of twenty feet from the edge of the driveway pavement to the face of the garage for a stacked space.
6. There may be a public street connection north of the park between Sub area 3C2 and 3E only if single family lots are developed east of the park in Sub area 3E.
7. Prior to obtaining a zoning clearance, the property owner shall dedicate at no cost to the City of Columbus sixty feet from centerline of Stelzer Road as additional right-of-way.
C. Buffering, Landscaping, Open Space and/or Screening Requirements.
1. As shown on Exhibit A, there shall be a 50 foot buffer area adjacent to Lot Numbers 351 through 361, inclusive of the Sommerset Subdivision, Section 1 as the same is numbered and delineated on the recorded plat thereof, of record in the Recorder's Office, Franklin County, Ohio:
a. All trees in excess of 5" caliper measured at a height of 2 feet above ground, which are located in the 25 northernmost feet of such buffer area shall be preserved.
b. For that portion of the 50 foot buffer area adjacent to Lots 357 through 361, inclusive, no underbrush located within the 25 northernmost feet of such buffer area shall be removed.
c. For that portion of the 50 foot buffer area adjacent to Lots 356 through 361 inclusive, beginning at a point 5 feet beyond the drip-line of all trees preserved in accordance with subparagraph (a) above, if there are any gaps in the lateral distance between these existing trees, then the developer shall planted white pine evergreens (minimum height of 5 feet at installation) spaced 10 feet apart center-to-center in the gap areas.
d. No mounding shall be constructed within this 50 foot buffer area. In the event the developer desires to erect a fence within this area, such fence shall be a cedar wood fence, finished side facing the single family lots within the buffer area 6 feet in height and located along a line which is 25 feet southerly from and parallel to the north and northwest boundary line of the sub area. If installed the property owner shall maintain the wood fence.
e. The 50 foot buffer shall only be required as indicated on the submitted plan for Sub area 3E when multi-family uses abut existing single-family lots.
2. The developer shall install three trees per fifty linear feet of the common property line between the park and Sub area 3E. These trees shall be located within the building setback along said common property line. There shall be a mixture of evergreens and deciduous trees which may be equally spaced or grouped in clusters for visual interest.
3. Within the setback area along Stelzer Road one tree for every thirty feet of frontage shall be planted. Trees may be grouped or evenly spaced along Agler Road, but shall be evenly spaced along proposed Road A.
4. All parking lots adjacent to Stelzer Road shall have headlight screening of minimum thirty (30) inches height parallel to such road frontage as measured from the elevation of the nearest section of the adjacent parking area.
5. If single family is developed east of the proposed 20 acre park then there shall be a pedestrian access way between the single family lots to the park in accordance with the requirements of the Recreation and Parks Department.
6. The PUD zoning classification requires 750 square feet of open space per dwelling unit. Exhibit A shows over 40 +/- acres of open space/park. The final amount of open space will be determined by the total number of dwelling units developed in the PUD. Additional open space may be required within this sub area to meet the overall open space requirement for the PUD. Recreational facilities for the individual developments and detention/retention areas all count toward satisfying the PUD open space requirement.
7. Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping which meets the size requirements contained in the text within a reasonable time period weather permitting.
8. Minimum tree sizes at installation: street trees, 2 inch caliper, ornamental 1 inch caliper and evergreens five feet.
9. The park areas for the development are shown on the submitted drawing.
D. Building Design and/or Interior/Exterior Treatment Commitments.
1. The percentage of multi-family units with more than two bedrooms shall not exceed fifteen percent (15%) for any individual development in this sub area, and the average number of bedrooms per unit in an individual development shall not exceed two. Prior to issuance of a certificate of zoning clearance for any multi-family development in this sub area the builder shall submit a notarized list detailing the number of bedrooms in each unit and state that said development complies with the above written requirement. Only rooms labeled as bedrooms in building plans shall be included in this bedroom calculation.
2. For those units which are shown on Exhibit H, the following restrictions shall apply:
a. The structures shall conform to submitted building elevations, attached hereto as Exhibit G. These elevations may be slightly adjusted to reflect final architectural detailing. Any slight adjustment to these elevations shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The general building elevations and building materials shall however conform to the building elevations.
The building layout shall correspond to that shown on Exhibit H to this limitation text. This plan may be slightly adjusted to reflect engineering, topographical, or other data developed at the time final development and engineering plans are completed. Any slight adjustment to this site plan shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The general layout and site concept shall however conform to the site plan (Exhibit H).
3. The building elevations for the sides of the marked buildings as indicated on the Exhibit I attached hereto shall conform to submitted building elevations attached hereto as Exhibit J. These elevations may be slightly adjusted to reflect final architectural detailing. Any slight adjustment to these elevations shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. For the rest of the buildings the total building elevation area (the sum of all four building sides minus stairways) shall be at least twenty-five percent brick. The maximum height of any building shown on Exhibit I shall not exceed two stories.
4. The building layout shall correspond to that shown on Exhibit I of the submitted plan. This plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to this site plan shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The applicant reserves the right to eliminate the garages shown on Exhibit I and replace them with parking spaces.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Dumpsters shall be screened on three sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with the fourth side being a gate.
2. The maximum height of the light poles shall be 18 feet.
F. Graphics and Signage commitments.
N/A
G. Miscellaneous commitments.
1. The 20 +/- acre park shown on Exhibit A has already been transferred to the City of Columbus.
2. This park ground shown on Exhibit A shall be included in the calculation of the open space requirements and density under the PUD zoning classification.
3. A sidewalk shall be installed along the west side of Stelzer Road unless the sidewalk is included in the Stelzer Road improvement plan.
4. A sidewalk shall be installed along the west side of Stelzer Road unless the sidewalk is included in the Stelzer Road improvement plan.
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.