Explanation
REZONING APPLICATION: Z06-035
APPLICANT: Creative Housing, Inc.; c/o David Perry, Agent; The David Perry Company; 145 East Rich Street, 2nd Floor; Columbus, OH 43215; and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 8, 2006.
WESTLAND AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Although not consistent with the Westland Area Plan (1994), the proposed PUD-6, Planned Unit Development District is consistent with the development and zoning patterns of the area. This rezoning would permit the development of two four-unit dwellings on 1.57± acres with 0.55± acres of which will be reserved for active and passive open space for residents. In addition, the applicant has agreed to provisions for street trees, sidewalks, lighting controls and underground utilities. These additional commitments are above and beyond the standards of the Zoning Code.
Title
To rezone 5359 BRANDENBERRY DRIVE (43228), being 1.57± acres located on the south side of Brandenberry Drive, 200± east of Norton Road, From: CPD, Commercial Planned Development District, To: PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z06-035)
Body
WHEREAS, application #Z06-035 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.57± acres from CPD, Commercial Planned 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 so permits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because Although not consistent with the Westland Area Plan (1994), the proposed PUD-6, Planned Unit Development District is consistent with the development and zoning patterns of the area. This rezoning would permit the development of two four-unit dwellings on 1.57± acres with 0.55± acres of which will be reserved for active and passive open space for residents. In addition, the applicant has agreed to provisions for street trees, sidewalks, lighting controls and underground utilities. These additional commitments are above and beyond the standards of the Zoning Code, 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;
5359 BRANDENBERRY DRIVE (43228), being 1.57± acres located on the south side of Brandenberry Drive 200± east of Norton Road, and being more particularly described as follows:
LEGAL DESCRIPTION
5359 BRANDENBERRY DRIVE
1.572 ACRES
Z06-035
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 1474, containing 1.572 acres of land, more or less, said 1.572 acres, be3ing out of that 3.569 acre tract conveyed to Melvin D. Heck and Grant A. Mara, by Deed of Record in Official Record 9719, Page J17, all references being in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning for reference at the point of intersection of the easterly right-of-way line of Norton Road with the southerly right-of-way line of Brandenberry Drive (said Brandenberry Drive right-of-way being fifty (50) feet in width), said point of intersection also being the northwesterly corner of said Melvin D. Heck and Grant A. Mara 3.569 acre tract;
Thence South 75° 05' 43" east with the southerly right-of-way line of Brandenberry Drive a distance of 30.00 feet to a point of curvature of a curve to the left;
Thence continuing along said right-of-way line, being the acre of said curve (Delta = 19° 56' 54, radius = 425.00 feet, an arc length of 147.97 feet) a chord bearing and distance of south 85° 04' 17" east, 147.23 feet to a point, the true place of beginning of the tract herein described;
Thence continuing along said right-of-way line and curve to the left, being the arc of said curve (Delta = 20° 03' 06", Radius = 425.00 feet, an arc length of 147.74 feet) a chord bearing and distance of north 74° 55' 42" east, 117.98 feet to a point of reverse curvature;
Thence continuing along said right-of-way line with a curve to the right, being the arc of said curve (Delta = 26° 52' 54", Radius = 225.00 feet, an arc length of 105.57 feet) a chord bearing and distance of north 78° 20' 38" east, 104.60 feet to a point of tangency;
Thence continuing along said right-of-way line, north 88° 12' 34" east a distance of 3.32 feet to a point, said point being the northeasterly corner of said 3.569 acre tract;
Thence leaving said right-of-way line, south 14° 54' 17" west with the east line of said 3.569 acre tract, a distance of 364.04 feet to a point, said point being the northeasterly corner of a 1.102 acre tract conveyed to Norton Road Properties;
Thence with the northerly line of said 1.102 acre tract, north 74° 50' 45" west, a distance of 225.00 feet to a point;
Thence leaving said northerly line, north 14° 54' 17" east a distance of 241.64 feet to the place of beginning and containing 1.572 acres, more of less.
To Rezone From: CPD, Commercial Planned 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, "SECTION 811 SUPPORT HOUSING 5359 BRANDENBERRY DRIVE, COLUMBUS OHIO 43228," signed by Donald Plank, Attorney for the Applicant, dated June 13, 2006 and said notes being titled "PUD NOTES 5359 Brandenberry Drive Z06-035," dated June 13, 2006 and reading as follows:.
PUD NOTES
5359 Brandenberry Drive
Z06-035
June 13, 2006
1) Permitted Uses and Development Standards shall be as established in Chapter 3333, Apartment Residential Districts, as applicable to the AR-12, Apartment Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawing. The site will be developed with two (2) dwellings with each dwelling containing four (4) dwelling units, in addition to incidental development related to the dwellings. Vehicular access to the site shall be from Brandenberry Drive.
2) The development depicted on the PUD drawing ("Site Plan", dated June 13, 2006, signed by David B. Perry, Agent, and Donald Plank, Attorney) depicts the planned development. Minor adjustment may be made to both the site plan and building foot prints with final design and engineering, subject to the review and approval of the Development Director or designee.
3) Minimum perimeter building and pavement setbacks shall be: Building Lines - Brandenberry Drive - 25 feet; Parking/Pavement setback from Brandenberry Drive - 25 feet; Perimeter yard setbacks shall be as noted on the PUD plan. The perimeter setbacks depicted on the PUD Plan shall satisfy all requirements of Section 3333.255. Sidewalks may be located in Perimeter yards.
4) Open Space shall be provided as depicted on this PUD plan. Open Space may have path(s), walks, patio(s), benches, barbecue area, games, such as shuffle board court, or other incidental development consistent with open space, recreational and leisure use of the open space area. Fencing, either decorative or privacy and not exceeding six (6) feet in height, may be placed in the perimeter yard(s). Decorative fencing may be placed in the Brandenberry Drive setback, subject to applicable code provisions.
5) Street trees shall be planted along Brandenberry Drive at the rate of one (1) tree per 50 lineal feet. The street trees shall be incorporated into the 25 foot landscaped parking setback or in the right-of-way.
6) The following shall be the minimum size of plant material at installation: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 1/2 " caliper, Evergreen Trees - 5 - 6 height. Weather permitting, dead or diseased landscaping required by this text shall be replaced within 6 months.
7) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable.
8) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for provision of utilities to the site.
9) Site lighting shall utilize fully shielded, cut-off light fixtures, or decorative light fixtures. Parking lot lighting shall not exceed 16 feet in height.
10) All new utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
11) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15, of the Columbus City Code in accordance with AR-12, Apartment Residential district standards. Any modification of the applicable requirements of the AR-12, Apartment Residential district standards, other than as noted, shall be submitted to the Columbus Graphics Commission.
12) A public sidewalk (5 feet wide) will be provided in the Brandenberry Drive right-of-way unless already included in an applicable road construction project or unless a waiver is obtained through the Public Service Department. The on-site private sidewalk shall connect to the Brandenberry Drive public sidewalk.
13) This PUD is located in flood hazard Zone X, as shown on the Federal Emergency Management Agency Insurance Rate Map Number 39049C0210G, effective August 2, 1995.
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.