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File #: 2478-2012    Version:
Type: Ordinance Status: Passed
File created: 11/5/2012 In control: Zoning Committee
On agenda: 12/10/2012 Final action: 12/12/2012
Title: To rezone 5115 WARNER ROAD (43081), being 8.53± acres located on the south side of Warner Road, 1,525± feet west of Hamilton Road, From: R, Rural District, To: L-AR-12, Limited Apartment Residential District (Rezoning # Z12-037).
Attachments: 1. ORD2478-2012attachments, 2. Notice Of Public Hearing - Council Mtg20121210
Related files: 2494-2012
Explanation
Rezoning Application Z12-037
APPLICANT:  Hudson Square LLC; c/o Jill Tangeman, Atty.; 52 East Gay Street, P.O. Box 1008; Columbus, Ohio 43216.
    
PROPOSED USE:  Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on September 13, 2012.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The Applicant applied for and was granted a similar rezoning and concurrent Council variance in 2011 via Z11-019 and CV11-020.  The applicants has since acquired more property to the west of the original site and wish to incorporate that additional property into that proposal.  Staff recommends that the proposed L-AR-12, Limited Apartment Residential District be approved as it is consistent with the Rocky Fork/Blacklick Accord.  The proposal is also consistent with the development to the south and the zoning trend in the area.  
 
 
 
Title
To rezone 5115 WARNER ROAD (43081), being 8.53± acres located on the south side of Warner Road, 1,525± feet west of Hamilton Road, From:  R, Rural District, To:  L-AR-12, Limited Apartment Residential District (Rezoning # Z12-037).
 
 
Body
WHEREAS, application #Z12-037 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.53± 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, the Rocky Fork / Blacklick Accord Panel recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change since it is consistent with the recommendations of the Rocky Fork/Blacklick Accord.  The proposal is also consistent with the development to the south and the zoning trend in the area, and
 
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:
5115 WARNER ROAD (43081), being 8.53± acres located on the south side of Warner Road, 1525± feet west of Hamilton Road, and being more particularly described as follows:
Legal for 5047 Warner Road (2.8+/- Acres):
Situated in the State of Ohio, County of Franklin, Township of Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being part of that 2.869 acre tract conveyed to Michael W. Adkins and Mary A. Adkins of record in Instrument Number 200009130185146 (A.P.N. 220-000637), and described as follows:
Beginning in the west line of said Adkins tract and in the south right-of-way line for Warner Road, said south right-of-way line being an existing City of Columbus Corporation Line (Case No. 60-03, Ord. No. 432-04, I.N. 200407190166446);
Thence Easterly, across said Adkins tract and along said south right-of-way line (20 feet southerly from the centerline of Warner Road), the same being said corporation line, about 250 feet to the east line of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269);
Thence Southerly, along said Adkins east line, the same being said existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269), about 480 feet to the southeast corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511);
Thence Westerly, along the south line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511), about 250 feet to the southwest corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 0979-04, I.N. 200408250198994);
Thence Northerly, along the west line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 979-04, I.N. 200408250198994), about 480 feet to the Point of Beginning. Containing approximately 2.8 acres of land, more or less. The above description was written by John C. Dodgion, P.S. 8069 on January 16, 2012. A drawing of the above description has been prepared and is a part hereof.
Legal for 5081 and 5115 Warner Road (5.73+/- Acres):
Situated in the State of Ohio, County of Franklin, Township of Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being all of that 2.869 acre tract conveyed to Martha L. O'Neal of record in Instrument Number 200006290128236 and Instrument Number 200502090024964 (A.P.N. 220-000657) and all of that 2.869 acre tract conveyed to Paul D. Cochenour and Delila A. Cochenour of record in Official Record 3455E19 and Instrument Number 201012010162922 (A.P.N. 220-000673), and described as follows:
Beginning in the centerline of Warner Road and at the northeast corner of said Cochenour tract;
Thence S 03° 26' 50" W, along the east line of said Cochenour tract, 498.63 feet to the southeast corner of said Cochenour tract;
Thence N 86° 31' 10" W, along the south line of said Cochenour tract and the south line of said O'Neal tract, 500.00 feet to the southwest corner of said O'Neal tract;
Thence N 03° 26' 50" E, along the west line of said O'Neal tract, 498.99 feet to the northwest corner of said O'Neal tract, in the centerline of said Warner Road;
Thence S 86° 28' 39" E, along the north line of said O'Neal tract and the north line of said Cochenour tract, the same being said centerline, 500.00 feet to the Point of Beginning. Containing 5.73 acres of land, more or less.
 
 
 
 
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, "WARNER ROAD MULTI-FAMILY WEST EXPANSION,"  signed by Jill S. Tangeman, Attorney for the Applicant, dated  October 29, 2012 said text being titled "LIMITATION OVERLAY TEXT,"  signed by Jill S. Tangeman, Attorney for the Applicant, dated  October 29, 2012, and the text reading as follows:
Limitation Overlay Text
Proposed District:      L-AR-12
Property Address:      5115 Warner Road
Owners:            Hudson Square LLC / Michael and Mary Adkins
Applicant:      Hudson Square LLC
Date of Text:            October 29, 2012
Application No:            Z12-037
1. Introduction:  The subject site is located on Warner Road and neighbors several existing multi-family developments.  Although the Rocky Fork Blacklick Accord identifies this site as commercial, the continuation of the existing multi-family development pattern is more suitable for this location.  5081 and 5155 Warner Road were already rezoned to LAR-12 by the applicant in 2011.  The applicant is seeking to add the 2.8 +/- acres located at 5047 Warner Road to the existing LAR-12 zoning in order to match the same L-AR-12 designation that boarders the site to the south.
The site is part of the Pay-As-We-Grow program and the applicant will be obligated to pay $2,300 per unit to the City of Columbus.  The site can be developed at densities identical to the surrounding developments without impacting existing roadways or city infrastructure and, at the same time, provide significant funds for area parks, services and infrastructure.  
 
2. Permitted Uses:  All uses permitted in the L-AR-12, Limited Apartment Residential District contained in Chapter 3333 (AR-12) of the Columbus City Zoning Code, unless otherwise indicated in the limitation text.
3. Development Standards:
A. Density, Height, Lot and/or Setback Commitments.
1. The setback shall be measured from the existing Warner Road centerline.
2. A minimum twenty-five (25) foot  building and parking setback shall be established on the east and west sides of the site. A council variance application has been submitted to allow for a ten (10) foot perimeter yard setback on the south side of the development.  Notwithstanding the foregoing paragraph, no building, parking or maneuvering setback shall be required internal to the site if parcels are combined.
3. Lot coverage for all building and pavement shall be a maximum of 37% of lot area, as shown on the Site Plan.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Parking shall not exceed two spaces per residential unit.
C. Buffering, Landscaping, Open Space and)or Screening Commitments.
1. Within the setback along Warner Road, Developer shall install trees along Warner Road at a rate of 4 per 100 lineal feet, which may be evenly spaced, grouped or used to supplement the existing tree line.
2. Street trees on internal private streets shall be installed at a minimum of 30 feet apart, unless tree groupings of equal quantity are more practical.  
3.  All landscaping designs will be reviewed and stamped by a registered landscape architect.
4. All parking areas adjacent to Warner Road shall have headlight screening parallel to the frontage with a minimum height of forty (40) inches measured from the elevation of the nearest section of the adjacent parking area.  Headlight screening shall be in the form of an evergreen hedge, earth mounding, or walls.
5. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next available planting season.
6.  A tree preservation area shall be established along the west side of the site as shown on the Site Plan.  
7. Mounding for screening purposes shall be a maximum of 4' high having a 3:1 slope beginning at the setback line and a 5" wide crest. Mounding will be landscaped with a mix of shrubs, deciduous, evergreen and ornamental trees.
D.  Building Design and/or Interior-Exterior Treatment Commitments.
1. No mechanical equipment shall be placed on the roof of any residential structure. Any mechanical equipment or utility hardware on the roof of any non-residential building shall be screened from view by the same material utilized on the building roof or exterior. Color shall also match the building exterior or roof.
2. All building exteriors shall be constricted of wood, brick, stone, stucco, glass, vinyl siding shall be limited to an upgraded, quality and a thickness of .044 mils or greater, asphalt shingles, or a combination of these materials.
3. Maximum building length will be 200 240 feet.  Sloped or pitched roofs will be used.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All light poles shall be metal and of the same color and design. Light poles in the parking lots shall not exceed a maximum of 14 feet in height. All lighting shall be fully shielded, cut-off fixtures. Ground mounted lighting shall be shielded and landscaped.
 
F. Graphics and Signage Commitments.
1. All on site graphics will comply with the Columbus Graphics Code or if the applicant desires to vary from the Columbus Graphics code, the applicant shall submit a Graphics Plan to the Graphics Commission for approval.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect both internally and to parcels outside of the development and designed and located in cooperation with the Columbus Parks and Recreation Department.    Sidewalks will be a minimum of 5 feet in width.
H. Site Plan
1. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed.  Any slight adjustments to the Site Plans shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or his or 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.