Explanation
Rezoning Application Z06-019
APPLICANT: State Street Realty Partners, LLC.; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43216.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This infill proposal will permit multi-family development consisting of ninety (90) dwelling units at a density of 6 dwelling units per acre. This proposal is an extension of a series of rezonings for multi-family development that Development Commission and City Council have approved since September of 2003. It is anticipated that the property to the south of the proposal will develop commercially. The proposed multiple-family dwellings would provide a transition between the commercial zoning to the south and east of the church and the single-family dwellings to the north. Furthermore the development provides a linkage towards the commercial development to the south per the recommendation of The Far North Plan (1994).
Title
To rezone 2150 EAST POWELL ROAD (43230), being 15± acres located 1025± feet south of East Powell Road just west of the intersection with Greentree Drive. From: R, Rural District To: L-AR-12, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-019)
Body
WHEREAS, application #Z06-019 is on file with the Building Services Division of the Department of Development requesting rezoning of 15± acres from R, Rural District, to L-AR-12, Limited Apartment 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 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 this infill proposal will permit multi-family development consisting of ninety (90) dwelling units at a density of 6 dwelling units per acre. This proposal is an extension of a series of rezonings for multi-family development that Development Commission and City Council have approved since September of 2003. It is anticipated that the property to the south of the proposal will develop commercially. The proposed multiple-family dwellings would provide a transition between the commercial zoning to the south and east of the church and the single-family dwellings to the north. Furthermore the development provides a linkage towards the commercial development to the south per the recommendation of The Far North Plan (1994), 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:
2150 EAST POWELL ROAD (43035), being 15± acres located 1025± feet south of East Powell Road just west of the intersection with Greentree Drive and being more particularly described as follows:
DESCRIPTION OF A 15.00 ACRE TRACT OF LAND
Situated in the State of Ohio, County of Delaware, City of Columbus, located in Farm Lot 15, Section 4, Township 3, Range 18, United States Military Lands, and being 15.00 acres out of that original 120.00 acre tract of land as conveyed to Christ the King Lutheran Church by deed of record in Deed Book 521, Page 348, said 15.00 acres being more particularly bounded and described as follows:
Beginning at a point at the northeasterly corner of that 1.270 acre condominium entitled "The Woods at Polaris Condominiums, Sixth Amendment" of record in Official Record 634, Page 1676, being in the southerly line of that 5.14 acre tract as conveyed to Robert A. Clifford, Jr. by deed of record in Deed Book 103, Page 200, and being in the common line between Farm Lots 15 and 22;
Thence S 86° 38' 19" E, with said common Farm Lot line, being the southerly line of said 5.14 acre tract, a distance of 785.70 feet to the northwesterly corner of that 3.440 acre tract as conveyed to Bennett and Kimberly S. Smith by deed of record in Official Record 675, Page 2326;
Thence S 02° 57' 42" W, with the westerly line of said 3.440 acre tract, a distance of 500.00 feet to the southwesterly corner of said 3.440 acre tract;
Thence S 86° 36' 40" E, with the southerly line of said 3.440 acre tract, a distance of 299.95 feet to a point in the westerly line of that subdivision entitled "Prestwick Green Section 2, Part 2" of record in Cabinet 2, Slides 750 and 750A;
Thence S 02° 57' 42" W, with the westerly line of said "Prestwick Green Section 2, Part 2", and with a portion of the westerly line of that 15.146 acre tract as conveyed to Powell Road South Limited by deed of record in Official Record 83, Page 129, a distance of 291.25 feet to a point;
Thence across said original 120.00 acre tract, the following courses and distances;
N 86° 38' 19" W, a distance of 871.78 feet to a point;
N 02° 12' 13" E, a distance of 139.23 feet to a point;
N 36° 21' 29" W, a distance of 301.82 feet to a point; and
S 89° 17' 19" W, a distance of 25.12 feet to the southeasterly corner of said 1.270 acre condominium tract;
Thence N 03° 32' 41" E, with the easterly line of said 1.270 acre condominium tract, a distance of 421.81 feet to the True Point of Beginning, and containing 15.00 acres of land, more or less, as calculated by the above courses, all of which lie within Farm Lot 15 of said Section, Township and Range. Subject, however, to all legal highways, easements, and restrictions of record. The above description was written by Clark E. White, P.S. #7868 on February 17, 2006.
All references used in this description can be found at the Delaware County Recorder's Office, Delaware County, Ohio. The Basis of Bearings used in this description was transferred from a GPS survey of Delaware County Monuments "97-036" and "97-146" published by the Delaware County Engineer's Office, and is based upon the NAD83 Ohio State Plane Coordinate System, North Zone, and determines the bearing between said monuments as S 01° 59' 20" W.
To Rezone From: 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 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-12, 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, "PRELIMINARY DEVELOPMENT PLAN THE LAKES AT POLARIS," and said text being titled, "LIMITATION OVERLAY TEXT," both signed by Jill S. Tangeman, Attorney for the Applicant, dated June 12, 2006, and reading as follows:
Limitation Overlay Text
Zoning District: L-AR-12
Property Location: 15.00 +/- acres at 2150 E. Powell Rd.
Applicant: State Street Realty Partners LLC
Owner: Christ the King Church
Date of Text: June 12, 2006
Application No.: Z06-019
1. Introduction: The subject site is approximately 15.00 +/- acres located south of East Powell Road and north of Gemini Place. The site is currently owned by Christ the King Church.
The applicant is proposing to construct low-density, townhome-style, multi-family dwelling units on the subject site. Buildings will contain a maximum of six units. The applicant proposes to rezone the property to a limited apartment district that will permit a density of up to 6.00 +/- dwelling units per acre.
2. Permitted Uses: The development will include fifteen (15) six-unit multi-family, townhome-style buildings with a total of ninety (90) dwelling units.
3. Development Standards: Unless otherwise indicated in this text, the applicable development standards of Chapter 3333 of the Columbus City Codes shall apply. The Columbus Board of Zoning Adjustment shall be the body to hear requests for variances, except as a variance may pertain to graphics, to development standards established herein. A site plan is attached hereto as Exhibit A and titled "Preliminary Development Plan, The Lakes at Polaris".
A. Density, Height and Setback Commitments.
1. No more than a ninety (90) dwelling units shall be built.
2. No building shall be erected, altered, placed or permitted to remain on this property other than six-unit multi-family, townhome-style dwellings, garages, a community clubhouse, a community pool and a master meter building.
B. Access, Parking and/or Other Traffic Related Commitments.
1. Access shall be in accordance with the review and approval of the City of Columbus Division of Transportation. The applicant proposes to have an access drive onto Gemini Place from the south side of the property. In addition, the applicant proposes an additional access drive onto a future access road on the west side of the property.
2. The applicant will give right-of-way to the City of Columbus as designated on the site plan along the east property line for a potential future roadway connecting Greentree Drive to Gemini Place.
3. Each unit will have a one or two car garage with an additional parking space of 9 feet by 18 feet to be provided on site. Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes. There will be no parking permitted at the main entrance. No parking signs shall be posted as appropriate. Fire hydrants shall be located on the side of the street where no parking is permitted.
4. The owner, developer and/or the Condominium 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 the restricted areas. There may be one or more such agreements with one ore more towing company(s) for any times/lengths, terms, etc. as the owner, developer and/or Condominium 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.
5. The owners, developer, and/or Condominium 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 alleys/lanes.
6. Intersection details concerning turning radii, parking restrictions and intersection configurations shall conform to the Fire Vehicle Access Plan.
C. Buffering, Landscape, Open Space and/or Screening Commitments.
1. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever occurs first. Trees shall meet the minimum size at the time of planting: 2 ½ inches caliper for frontage trees; 2 ½ inches caliper for shade trees; 1 ½ inch caliper for ornamental trees; and 5 feet in height for evergreen trees.
2. The developer will be making a cash contribution in lieu of dedicating land for park use at the time of zoning clearance.
3. Two detention/retention ponds shall be installed, and bank stabilization will be installed around each pond.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The main exterior building material shall be wood, wood composition, vinyl, brick, stone or cultured stone or a combination thereof.
2. Dwelling units may be used as model homes for the purpose of marketing and sales.
3. Trash pick-up will be by individual unit and will be private. No dumpsters will be provided on site.
4. Lighting poles shall be cut-off fixture types. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed sixteen (16) feet in height.
E. Graphics.
1. All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed for the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
F. Miscellaneous
The subject site shall be developed in accordance with the rezoning site plan. The rezoning site plan 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 shall be reviewed and may be approved by the Director of the Department of Development or his 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. 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.