Explanation
Rezoning Application Z06-027
APPLICANT: Portrait Homes - Ohio, LLC; c/o Dave Perry, Agent; The David Perry Co.; 145 East Rich Street; Columbus, OH 43215; and Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-AR-12, Limited Apartment Residential District, would permit the development of 66 multi-family dwelling units, and the proposed rezoning is compatible with development on the arterial corridor, the adjacent L-AR-12 site to the west, and church to the east. Companion variance application CV06-038 (Ordinance 1254-2006) specifies an apartment complex that includes two-family dwellings.
Title
To rezone 7440 EAST BROAD STREET (43004), being 11.2 ± acres located on the north side of East Broad Street, opposite Kingsmeadow Lane, From: R, Rural District, To: L-AR-12, Limited Residential District and to declare an emergency. (Rezoning # Z06-027)
Body
WHEREAS, application #Z06-027 is on file with the Building Services Division of the Department of Development requesting rezoning of 11.2± acres from the R, Rural District to the L-AR-12, Limited Residential 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 the proposed L-AR-12, Limited Apartment Residential District, would permit the development of 66 multi-family dwelling units, and the proposed rezoning is compatible with development on the arterial corridor, the adjacent L-AR-12 site to the west, and church to the east. Companion variance application CV06-038 (Ordinance 1254-2006) specifies an apartment complex that includes two-family dwellings; and
WHEREAS, said ordinance requires separate submission for all applicable permits for the proposed use, 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:
7440 EAST BROAD STREET (43004), being 11.2 ± acres located on the north side of East Broad Street, opposite Kingsmeadow Lane, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Jefferson, lying in Quarter Township 4, Township 1, Range 16, United States Military District, being all of the remainder of that 4.34 acre tract (Tract II) and all of that 2.788 acre tract (Tract I) conveyed to James A. Geiger, Trustee and Victoria L. Geiger, Trustee of record in Instrument Number 200502230032593, all of the remainder of that 4.47 acre tract conveyed to Christopher Blackburn and Marlene Blackburn of record in Instrument Number 200006260125744, and described as follows:
Beginning, for reference, at a monument found marking an angle point in the centerline of East Broad Street, being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation;
thence South 81° 50' 35" West, with said centerline, 389.60 feet to the southwest corner of 44 WD conveyed to The State of Ohio of record in Official Record 16439B15 and the southeast corner of 38 WD conveyed to The State of Ohio of record in Official Record 16464D11;
thence North 03° 51' 45" East, with a common line to said 44 WD and said 38 WD, 56.23 feet to a ½ inch iron rod found at a common corner thereof, a southwest corner of that 1.422 acre tract conveyed to Annis L. Brake of record in Instrument Number 200305200150381, and in the north right-of-way line of East Broad Street, being the True Point of Beginning;
thence South 81° 50' 35" West, with said north right-of-way line and the north line of said 38 WD, and the north line of 37 WD conveyed to The State of Ohio of record in Official Record 16464B13, passing a ½ inch iron rod found at 163.69 feet, 327.43 feet to a ½ inch iron rod found at a northwest corner of said 37 WD, a northeast corner of 36 WD conveyed to The State of Ohio of record in Official Record 16572B03, and a southeast corner of Willow Oaks Condominium of record in Condo Plat Book 91, Page 75;
thence North 03° 31' 24" East, with the east line of said Willow Oaks Condominium, the east line of Willow Oaks Condominium First Amendment of record in Condo Plat Book 97, Page 1, the east line of Willow Oaks Condominium Second Amendment of record in Condo Plat Book 100, Page 59, the east line of Willow Oaks Condominium Third Amendment of record in Condo Plat Book 103, Page 93, the east line of Willow Oaks Condominium Fourth Amendment Part One of record in Condo Plat Book 105, Page 91, 1162.40 feet to a point referenced by a 1 inch iron pin found 0.65 feet south and 0.16 feet east, at a northeast corner thereof and in the south line of McNeill Farms Section 3 Part 3 of record in Plat Book 94, Page 36;
thence South 86° 08' 26" East, with said south line and the south line of the remainder of that 42.71 acre tract conveyed to M. Melisse Strauch of record in Instrument Number 200403230063263, passing ¾ inch iron pipes with Hoy caps found at 111.83, 171.83 and 231.83 feet and a ¾ inch iron pipe found at 292.18 feet, 492.19 feet to a ½ inch iron rod found at northwest corner of the remainder of that 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio of record in Deed Book 3336, Page 691;
thence South 04° 06' 05" West, with the west line of said 3.59 acre tract, 768.08 feet to an iron pin set at a northeast corner of said 1.422 acre tract;
thence North 85° 31' 54" West, with the north line of said 1.422 acre tract, passing a ½ inch iron rod found at 161.34 feet, 161.87 feet to a point;
thence South 03° 51' 45" West, with the west line of said 1.422 acre tract, 327.86 feet to the True Point of Beginning, containing 11.266 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
This description was prepared through the use of existing records and an actual field survey performed in October, 2005.
The bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
To Rezone From: R, Rural 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 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-12, Limited Apartment Residential District among the records of the Building Services Division as required by the Columbus City Codes; said text being titled, "DEVELOPMENT TEXT, L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT, 11.2 +/- ACRES", dated May 26, 2006, and signed by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, dated May 26, 2006, and the text reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
11.2 +/- ACRES
EXISTING DISTRICT:
R, Rural District
PROPOSED DISTRICT:
L-AR-12, Limited Apartment Residential
ADDRESS:
7440 East Broad Street, Columbus, OH 43004
OWNER(S):
Christopher Blackburn and James A. and Virginia L. Geiger, Trustees, c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
APPLICANT:
Portrait Homes - Ohio, LLC c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
DATE OF TEXT:
May 26, 2006
APPLICATION NUMBER:
Z06-027
INTRODUCTION:
The subject property is 11.2 + acres generally located on the north side of East Broad Street, west of Waggoner Road and opposite (north of) the intersection of Kingsmeadow Lane and East Broad Street. Applicant proposes to develop the property with dwelling units.
1. PERMITTED USES: Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.
2. DEVELOPMENT STANDARDS: Unless otherwise specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 66 dwelling units.
2. No building shall exceed 1 1/2 stories above grade.
3. The minimum parking setback along East Broad Street shall be 60 feet.
4. The east, west and north perimeter yard shall be 25 feet.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. The East Broad Street full turning movement curb cut shall be aligned with the intersection of Kingsmeadow Lane (south side of East Broad Street and shall consist of three (3) lanes, as follows: one (1) incoming lane and separate right and left turn exit lanes. A landscaped center median may be used incorporated into the entrance design. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.
2. 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 installed per current City policy on signage for private streets and alleys/lanes. They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes. Fire hydrants shall be located on the side of the street where no parking is permitted.
b. The owner, developer, and/or the Homeowners Association 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, developer, and/or Homeowners Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract."
c. The owners, developer, and/or Homeowners Association shall 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 on private streets and alley/lanes."
d. Intersection details concerning turning radii, parking restrictions and intersection configurations shall conform with the Fire Vehicle Access Plan.
3. A five (5) foot wide sidewalk shall be provided along and parallel to East Broad Street.
4. An internal four (4) foot wide sidewalk shall be provided along one (1) side of any internal private street.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The frontage along East Broad Street shall be landscaped with street trees placed every forty (40) feet, subject to adjustment of spacing based on driveway location and clear vision requirements. 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.
2. The East Broad Street parking setback shall be maintained in live vegetation except as required for compliance with storm water detention/retention requirements. Entrance feature walls, fencing and/or landscaping are also permitted in the setback subject to no fence or wall shall exceed six (6) feet in height in the East Broad Street Parking setback. Randomized tree planting at the rate of three (3) trees per 100 lineal feet of East Broad Street frontage shall also be included within the setback. The trees shall be placed randomly to simulate natural hedgerow. These trees are in addition to the street trees required in No. 1, above.
3. A minimum of one (1) tree per dwelling unit shall be planted on site.
4. The west 25 foot perimeter yard shall be landscaped with evergreen trees planted at the rate of one (1) tree per fifteen (15) feet on center starting at the East Broad Street 60 foot building setback line and extending to the south line of the north 25 foot perimeter yard.
5. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
6. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 5 feet in height.
7. All parking areas adjacent to East Broad Street shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of East Broad Street. Headlight screening shall be in the form of an evergreen hedge or other landscaping, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
8. Mounding, if any, shall have a maximum slope of 3:1.
9. Trees of 4 inch caliper or greater in the north 25 foot perimeter yard shall be preserved.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. 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.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles shall not exceed a maximum of 14 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. It is the developer's intention to obtain a dumpster waiver. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
F. 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.
G. Miscellaneous
1. Prior to the issuance of a Certificate of Zoning Clearance, an avigation easement shall be granted for any portion of the site located within a regulated LdN contour.
2. The site is subject to Parkland Dedication Ordinance (PDO) fees. PDO fees shall be paid prior to the issuance of a Certificate of Zoning Clearance.
3. A temporary sales office shall be permitted prior to the development of a model dwelling unit(s).
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.