Explanation
Rezoning Application Z16-077
APPLICANT: Preferred Living; c/o David Hodge, Atty.; Underhill & Hodge LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 9, 2017.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a church zoned in the R, Rural District. The proposed L-AR-1, Limited Apartment Residential District will allow 144 apartment units. The site falls within the boundaries of the Interim Hayden Run Corridor Plan (2004), which recommends institutional uses for this location based on the site being identified as an existing public facility. Planning Division staff recognizes that multi-unit residential uses may be appropriate if integrated into an overall site plan demonstrating useable open space as an organizing element with buffering and building height limitations as a transition to adjacent developments. The proposed L-AR-1 district includes use restrictions, setback requirements, building height limitations, landscaping provisions, and lighting controls. The proposal also includes a site plan depicting open space locations and landscaping details. The request is consistent with the recent development pattern along Avery Road with the establishment of L-AR-1 districts immediately north of this site. The project also includes a concurrent Council variance (ORD No. 1377-2017; CV17-014) to reduce building and parking setbacks.
Title
To rezone 5284 AVERY ROAD (43016), being 7.0± acres located on the east side of Avery Road, 3,262± feet south of Cara Road, From: R, Rural District, To: L-AR-1, Limited Apartment Residential District (Rezoning # Z16-077).
Body
WHEREAS, application # Z16-077 is on file with the Department of Building and Zoning Services requesting rezoning of 7.0± acres from R, Rural District, to L-AR-1, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the request is consistent with the recent development pattern along Avery Road with the establishment of L-AR-1 districts immediately north of this site. Staff has determined that multi-unit residential development is an appropriate use at this location because it is integrated into an overall site plan demonstrating useable open space as an organizing element with buffering and building height limitations as a transition to adjacent developments; 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:
5284 AVERY ROAD (43016), being 7.0± acres located on the east side of Avery Road, 3,262± feet south of Cara Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Washington, Virginia Military Survey No. 3012 and being 7.000 acres out of an 18.255 acre tract transferred to Sue A. and Harry D. Brockmeyer by Official Record 00422 J02, Recorder’s Office, Franklin County, Ohio, said 7.000 acre tract being more particularly described as follows:
Beginning at a railroad spike in the centerline of Avery Road at the northwesterly corner of the said 18.255 acre tract, also being the southwesterly corner of the Lester T. and Marian S. Porter tract; thence from the place of beginning;
North 83’ 55’ 46’ East, a distance of 1001.09 feet along the northerly line of the said 18.255 acre tract and the southerly line of the said Porter tract to a stone with a cross being the northeasterly corner of the said 18.255 acre tract and the northwesterly corner of the William E. Pethel 25 acre tract;
Thence South 05’ 22’ 53’ East, a distance of 365.25 feet along the easterly line of the said 18.255 acre tract and the westerly line of the said 25 acre tract to an iron pin;
Thence North 88’ 20’ 40’ West, a distance of 1071.49 feet across said 18.255 acre tract to a railroad spike (passing an iron pin in the easterly right-of-way line of said Avery Road at 1041.06 feet) in the centerline of said Avery Road and the westerly line of the said 18.255 acre tract;
Thence North 10’ 19’ 21’ East, a distance of 230.55 feet along the centerline of said Avery Road and the westerly line of the said 18.255 acre tract to the Place of Beginning. CONTAINING 7.000 acres of land, subject however, to all legal easements and rights-of way.
To Rezone From: R, Rural District,
To: L-AR-1, Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District and L-AR-1, 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-1, 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 plan being titled, "DEVELOPMENT PLAN - AVERY ROAD," and said text being titled, "LIMITATION TEXT," both signed by David Hodge, Attorney for the Applicant, dated May 11, 2017, and the text reading as follows:
Limitation Text
Application: Z16 - 077
Address: 5284 Avery Road
Owner: Hilliard United Pentecostal Church
Applicant: Preferred Living
Zoning District: L-AR-1
Date of Text: May 11, 2017
1. Introduction: The applicant is requesting rezoning from the R, Residential District to the L-AR-1, Apartment Residential District to provide multi-family residential zoning at an intensity comparable to the existing built environment, and to densities contemplated by existing development plans on adjacent properties.
2. Permitted Uses: Those uses permitted in Section 3333.02 (1), (2), (3), (4), and (5).
3. Development Standards: Unless otherwise indicated, the applicable development standards are contained in Chapter 3333 (Apartment Districts) of the Columbus City Code. Variances may be obtained to vary the style or type of housing proposed for future development.
A. Density, Height, Lot and/or Setback Requirements
1. The building setback shall be thirty-three (33) feet from Avery Road per concurrent Council Variance Application # CV17-014.
2. The parking setback shall be twenty (20) feet from Avery Road per concurrent Council Variance Application # CV17-014.
3. The maximum building height shall be thirty-five (35) feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Right-of-way dedication of 80 feet from the centerline of Avery Road is reflected on the Site Plan.
2. Access shall be as shown on the Site Plan, unless otherwise permitted by the City of Columbus Department of Public Service.
3. The developer shall install a southbound left turn lane with a length of 225’ (includes diverging taper) at the site access point to Avery Road.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The frontage along Avery Road shall include street trees, one (1) tree for every forty (40) feet of frontage and there shall be additional plantings of three (3) ornamental trees and two (2) deciduous trees for every one-hundred (100) feet of frontage. These trees may be evenly spaced or grouped.
2. The southern perimeter yard shall include a mixture of twenty-three (23) deciduous trees, thirty (30) ornamental trees, and ten (10) evergreen trees.
3. The eastern perimeter yard shall include twenty-three (23) evergreen trees and two (2) deciduous trees.
D. Building Design and/or Interior-Exterior Treatment Commitments.
Not applicable.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Light poles shall not exceed fourteen (14) feet in height.
2. All external lighting shall be cut-off fixtures, downlighting, and shall be designed to prevent offsite spillage of light.
3. Lights shall be decorative and of the same or similar type and color.
F. Graphics and Signage Commitments.
Not applicable.
G. Miscellaneous Commitments.
1. The applicant shall comply with the City’s Parkland Dedication ordinance.
2. All new wiring shall be underground.
3. The proposed development shall occur in general conformance with the submitted Site Plan. The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any adjustment to the Site Plan shall be reviewed and may be approved by the City’s Director of the Department of Building & Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
4. The applicant shall abide by the terms of a Memorandum of Understanding applicable to development of the property in fulfillment of the Northwest Corridor Pay as We Grow and Grow with a Plan policy.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.