Explanation
REZONING APPLICATION # Z12-053
APPLICANT: Traditions at Rocky Fork LLC; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 13, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-AR-12, Limited Apartment Residential District will permit 286 apartment units on 23.87± acres for a gross density of 11.98± units per acre. The site plan and text provide customary development standards and appropriate buffering and screening throughout the site. The request represents an increase of 24 units over what the current L-AR-12, Limited Apartment Residential District allows and is balanced with additional open space and better protection of the creek. The requested rezoning is consistent with the Rocky Fork/ Blacklick Accord (2003) with respect to land use recommendations, and with the zoning and development patterns of the area.
Title
To rezone 5702 HIGH ROCK DRIVE (43081), being 23.87± acres located on the south side of Central College Road, 827± feet east of North Hamilton Road, From: L-AR-12, Limited Apartment Residential District, To: L-AR-12, Limited Apartment Residential District (Rezoning # Z12-053).
Body
WHEREAS, application #Z12-053 is on file with the Department of Building and Zoning Services requesting rezoning of 23.87± acres from L-AR-12, Limited Apartment Residential District, to L-AR-12, Limited Apartment Residential District; and
WHEREAS, the Columbus Public Health Healthy Places program recognizes that the development has included five-foot wide sidewalks, walking paths, and pedestrian connectivity throughout the development; 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-12, Limited Apartment Residential District is consistent with the Rocky Fork/Blacklick Accord (2003) with respect to land use recommendations, and with the zoning and development patterns of the area. The site plan and text provide customary development standards and appropriate buffering and screening throughout the site. The request represents an increase of 24 units over what the current L-AR-12, Limited Apartment Residential District allows and is balanced with additional open space and better protection of the creek; 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:
5702 HIGH ROCK DRIVE (43081), being 23.87± acres located on the south side of Central College Road, 827± feet east of North Hamilton Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands and being 23.137 acres out of a 91.845 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103-I03 and 0.736 acres out of a 1.032 acre tract as conveyed to the Cardinal Title Holding Company of record in Inst No. 200409230222781 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
Beginning for reference at a found Franklin County monument FCE 8823 at the centerline of Central College Road;
Thence North 85°37'19" West with the centerline of said Central Collage Road, a distance of 366.03 feet to the centerline Intersection of said Central College Road with the centerline of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence South 02°08'14" West with the centerline of said Hamilton Road, a distance of 652.39 feet to a point;
Thence South 87°51'46" East crossing said Hamilton Road, a distance of 50.00 feet to an iron pipe set with EDG cap and the true point of beginning;
Thence South 85°37'19" East a distance of 391.95 feet to an Iron pipe set with an EDG cap;
Thence North 47°30'40 East, a distance of 315.12 feet to an Iron pipe set with an EDG cap;
Thence North 03°41'47' East, a distance of 368.28 feet to an Iron pipe set with an EDG cap and being a point on the southerly right of way line of said Central College Road;
Thence South 84°56'31" East, with the southerly right of way line of said Central College Road, a distance of 514.66 feet to an iron pipe set with an EDG cap and a point on the westerly line of a 1.157 acre tract as conveyed to RER Properties, LLC of record in Inst No. 200309170296485;
Thence South 04°35'31 West with said westerly line of said 1.157 acre tract, a distance of 189.75 feet to an iron pipe set with a EDG cap and being the southwesterly corner of said 1.157 acre tract;
Thence South 85°24'29 East with the southerly line of said 1.157 acre tract, a distance of 210.00 feet to an Iron pipe set with a EDG cap and the southeasterly corner of said 1.157 acre tract;
Thence North 04°35'31 East with said easterly line of said 1.157 acre tract a distance of 199.23 feet to an Iron pipe set with a EDG cap at the southerly right of way line of said Central College Road;
Thence with the southerly right of way line of Central College Road the following (4) four courses;
1) South 85°18'45" East, a distance of 52.49 feet to an Iron pipe set with an EDG cap;
2) South 73°31'57" East, a distance of 18.98 feet to an Iron pipe set with an EDG cap;
3) South 87°22'l6" East, a distance of 107.88 feet to an iron pipe set with an EDG cap;
4) South 85°18'45" East, a distance of 188.75 feet to an iron pipe set with an EDG cap:
Thence crossing said 91.645 acre tract and said 1.032 acre tract the following (12) twelve courses;
1) South 02°00'00" West, a distance of 443.56 feet to an Iron pipe set with an EDG cap;
2) South 77°00'00" West, a distance of 207.89 feet to an Iron pipe set with an EDG cap;
3) North 88°00'00" West, a distance of 415.95 feet to an Iron pipe set with an EDG cap;
4) South 45°00'00" West, a distance of 388.25 fret to an iron pipe set with an EDG cap;
5) South 12°00'00" West a distance of 320.48 feet to an iron pipe sat with an EDG cap;
6) South 51°00'00" West, a distance of 272.52 feet to an Iron pipe sat with an EDG cap;
7) North 36°00'00" West, a distance of 250.00 feet to an iron pipe set with an EDG cap;
8) North 09°00'00" East, a distance of 42.43 feet to an Iron pipe set with an EDG cap;
9) North 36°00'00" West, a distance of 79.11 feet to an iron pipe set with an EDG cap;
10) South 81°00'00" West, a distance 100.75 feet to an iron pipe set with an EDG cap;
11) South 20°00'00" West, a distance 56.55 feet to an iron pipe set with an EDG cap;
12) North 64°05'12" West, a distance of 287.61 feet to an iron pipe set with an EDG cap on the easterly right of way line of said Hamilton Road;
Thence North 02°08'14 East, with said right of way line, a distance of 404.71 feet to the true point of beginning and containing 23.873 acres of land more or less.
This description was prepared from an actual field survey perform in July of 2004 by Environmental Design Group Inc., Columbus, Ohio. The Basis of Bearing is North 85°37'19" West for the centerline of Central College Road.
To Rezone From: L-AR-12, Limited Apartment Residential District,
To: L-AR-12, Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, 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-AR-12, 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 plans being titled, "MULTI-FAMILY CONCEPT PLAN," , "BUILDING ELEVATIONS," and , "BUFFER SECTIONS," and text being titled, "LIMITATION OVERLAY TEXT," all dated February 8, 2013, and signed by Jill S. Tangeman, Attorney for the Applicant.
Limitation Overlay Text
Proposed District: L-AR-12
Property Address: 5702 High Rock Drive
Owner / Applicant: The Traditions at Rocky Fork, LLC; The Traditions at Rocky Fork Condominium Association
Date of Text: February 8, 2013
Application No: Z12-053
I. Introduction: The subject site was known as Subarea A under Case #Z03-009 and is zoned L-AR-12. Of the 42.3+/- acres of the site, 19 +/- acres were dedicated to the City of Columbus for parkland purposes. The remaining 23.873 +/- acres are the subject of this application. The applicant is seeking to rezone the site from L-AR-12 to L-AR-12 to amend the approved site plan from all townhouse-style condominium units to a mixture of townhouse-style condominium units and apartment-style multi-family units as a result of the drop in the condominium market. For consistency with the text approved in Case #Z03-009, the 23.873+/- acres that are the subject of this application shall continue to be referenced as "Subarea A". The development shall be built substantially in accordance with the "Multi-Family Concept Plan" submitted herewith.
1. PERMITTED USES: Multi-family and accessory uses such as pool, community center, and clubhouse as shown on the "Multi-Family Concept Plan".
2. DEVELOPMENT STANDARDS: Except as depicted on the Multi-Family Concept Plan, the applicable development standards of Chapter 3333 Apartment Districts, shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 286 dwelling units.
2. The minimum parking setback along Hamilton Road and Central College Road shall be as shown on the Multi-Family Concept Plan.
3. No building shall exceed 3 stories.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. All curb cuts and access points shall be subject to the review and approval of the Public Service Department of the City of Columbus.
2. The Hamilton Road and Central College Road access points depicted on the Multi-Family Concept Plan are full turning access points and shall be shared to provide access to both Subarea A and the commercially zoned property adjacent to Subarea A and located generally at the southeast corner of Hamilton Road and Central College Road. The Hamilton Road full turning access is subject to approval of final design, including applicable turn lanes.
3. All on site streets will be private. The private streets shall be designed with a minimum pavement width of 22 feet.
a. 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 within a 22' pavement section and that no parking shall be permitted on either side of any street within 25' of street intersections. Parallel parking is permitted on both sides of a private street subject to the parallel parking occurring outside of the 22 feet of pavement for the private street. 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 association.
b. Parking is not to be allowed anywhere but in garages, on streets as set forth in note "a" above, in driveways, where applicable, and in surface parking areas approved in conjunction with a Certificate of Zoning Clearance. In conjunction with note "a" 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.
4. The owner and/or developer must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas. There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as the owner and/or developer determines, so long as at least one such agreement will always, at all times be in force for the purposes of enforcements/removal towing as required above. Towing agreements will be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract. The owner and/or developer will 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.
5. Internal sidewalks and a walking path shall be provided as shown on the Multi-Family Concept Plan. All sidewalks will be a minimum of five feet in width.
6. The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on the percentage of the overall traffic at those intersections attributable to the property rezoned by this application, as established in the Northeast Franklin County Traffic Study (NEFCTS) . The developer will pay their pro rata share of the total signal contributions to the City of Columbus based on data from the NEFCTS or, if not determined by the NEFCTS, by pro rata determination approved by the Public Service Department of the City of Columbus.
7. Prior to the issuance of a Certificate of Zoning Clearance, the developer shall determine with the Franklin County Engineer whether the Franklin County Engineer has any jurisdiction related to the proposed development and related off-site road work, such as turn lanes. If the Franklin County Engineer has jurisdiction, written evidence of resolution of all requirements of the Franklin County Engineer shall be provided to the Public Service Department of the City of Columbus before the Public Service Department approves the site compliance plan.
8. Off-site right of way for Hamilton Road shall be dedicated to the City of Columbus without charge, consisting of the following: Ten (10) feet of additional right of way, totaling 60 feet from centerline, shall be dedicated on the west side of Hamilton Road from Central College Road south to the north line of Sub-Area B as identified in Case No. Z03-009, a distance of approximately 700 feet. Ten (10) feet of additional right of way, totaling 60 feet from centerline, shall be dedicated on the east side of Hamilton Road from Central College Road south to the north line of Subarea A, a distance of approximately 650 feet. The additional ten (10) feet of off-site right of way on both sides of Hamilton Road will be dedicated to the City of Columbus in conjunction with the approval of construction drawings for the full turning movement access point on Hamilton Road for Subarea A. The additional right of way is needed for turn lanes related to the Hamilton Road access having full turning movements and will be provided if the Hamilton Road access point for Subarea A is approved as a full-turning movement access point. If the Subarea A Hamilton Road access is Right-in/Right-out, no off-site right of way as described is needed and none will be dedicated.
9. Hamilton Road and Central College Road right-of-way will be provided in accordance with the requirements of the City of Columbus, but shall not exceed the applicable right of way widths as designated on the Thoroughfare Plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Central College and Hamilton Roads parking setbacks shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedgerow. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall require trees at the rate of one (1) tree for every 30 feet of lineal frontage, but trees shall be planted in a natural hedgerow manner rather than in a straight line and may include grouping of trees. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way. A landscape buffer shall be installed by the Developer between the existing Traditions at Rocky Fork condominium development and the proposed multi-family apartment development as identified on the attached plan titled "Buffer Sections".
3. The existing one (1) tree per townhouse dwelling unit shall be maintained.
4. A fence shall be provided approximately along the property line of that portion of the site that is contiguous to land conveyed to the City of Columbus for parkland. The land to be conveyed to the City of Columbus shall be depicted on the site compliance plan and the fence will also be depicted. The fence shall be a 3 rail, split rail fence, approximately 36 inches high, or other fence agreed upon between developer and the Recreation and Parks Department in conjunction with a Certificate of Zoning Clearance.
5. Mounding shall have a maximum slope of 3:1.
6. Rocky Fork Creek
a) The site is contiguous to Rocky Fork Creek. 19+/- acres of the Subarea A have been dedicated to the City of Columbus as parkland, subject to utility crossing(s) and permanent placement of utilities, including storm drainage crossings and/or detention/retention ponds.
b) Snow fencing shall be placed along the line of the development area in Sub-Area A, along the east, and south boundaries, to delineate the line of the development area prior to construction commencing (grading) for any nearby building. Applicant will make every reasonable effort to preserve and protect existing vegetation outside of the development area, consistent with reasonable construction practices.
c) Subject to minor adjustment with final engineering and/or surveying, building setbacks from Rocky Fork Creek shall be as depicted on the Multi-Family Concept Plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. There shall be no roof-mounted mechanical equipment or utility hardware. 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.
2. No colored lights shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater. Dimensional asphalt shingles shall be used. Buildings shall be as shown on the "Building Elevations" plan submitted.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
5. The following commitments are made relative to specific buildings, as numbered on the Multi-Family Concept Plan: Building 33 - a minimum of six (6) evergreens shall be planted adjacent to the west end of the building and brick shall be provided on three (3) feet of the west elevation, wrapping from the front (north) elevation, Building 35: a minimum of six (6) evergreens shall be planted adjacent to the north end of the building and brick shall be provided on three (3) feet of the north elevation, wrapping from the front (west) elevation and, Building 39: a minimum of six (6) evergreens shall be planted adjacent to the north end of the building and brick shall be provided on three (3) feet of the north elevation, wrapping from the front (east) elevation). The foregoing trees shall count as part of the requirement set forth in C(3) above.
E. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for no parking signs and other on-premises directional signs. This provision shall not preclude incorporation of signage into entrance features or mounting of signage on entrance feature walls or fencing.
F. Miscellaneous.
1. A good neighbor agreement shall be executed with the existing Traditions at Rocky Fork Condominium Association and Developer which will address the following: i) additional lighting to be installed by Developer at Winding Rocky and Kendra Falls Lane; ii) maintenance of the shared detention pond to be the sole responsibility of the Traditions at Rocky Fork Condominium Association; and iii) driveway repairs within the existing Traditions at Rocky Fork condominium.
2. This site is included within the Pay as We Grow plan for the northeast growth corridor. The developer has committed to paying the required Pay As We Grow fee for the 24 units added as part of this application towards infrastructure costs.
G. Plans
1. The subject site shall be developed in accordance with the submitted plans titled "Multi-Family Concept Plan," "Building Elevations," and "Buffer Sections". The Plans 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 Building and Zoning Services, or his/her designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.