Explanation
REZONING APPLICATION: Z04-079
APPLICANT: LDK Land, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 9, 2004.
ROCKY FORK BLACKLICK ACCORD RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-8, Planned Unit Development District would permit single-family residential development consistent with the zoning and land use patterns of the area. The site lies within the Preserve District in the Northland Plan: Volume II (2002), which encourages single-family residential development.
Title
To rezone 5369 THOMPSON ROAD (43230), being 2.0± acres located on the south side of Thompson Road, 3550± feet east of North Hamilton Road, From: R, Rural District, To: PUD-8, Planned Unit Development District (Rezoning # Z04-079).
Body
WHEREAS, application #Z04-079 is on file with the Building Services Division of the Department of Development requesting rezoning from the R, Rural District, to PUD-8, Planned Unit Development 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 site lies within the Preserve District in the Northland Plan: Volume II (2002), which encourages single-family residential development and the requested PUD-8, Planned Unit Development District would permit single-family residential development consistent with the zoning and land use patterns of the area, 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:
5369 THOMPSON ROAD (43230), being 2.0± acres located on the south side of Thompson Road, 3550± feet east of North Hamilton Road, and being more particularly described as follows:
2.002 ACRES
Situated in the State of Ohio, County of Franklin, Township of Plain, located in Quarter Township 3, Township 2, Range 16, United States Military Lands and being all of that tract as conveyed to Karl L. Barth by deed of record in Official Record 12268D09 and Instrument Number 200103190055237 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6667 in the centerline of Thompson Road;
thence South 86° 49' 04" East, with the centerline of said Thompson Road, a distance of 2239.98 feet to a mag nail set at the northeasterly corner of that 0.997 acre tract as conveyed to the New Albany Company, LLC by deed of record in Official Record 30960J17, and being the True Point of Beginning;
thence South 86° 49' 04" East, continuing with said centerline, a distance of 150.00 feet to a mag nail set at the northwesterly corner of that 2.00 acre tract as conveyed to The New Albany Company, Limited Partnership by deed of record in Official Record 31199I03;
thence South 03° 06' 21" West, with the westerly line of said 2.00 acre tract and with a portion of the westerly line of that 21.648 acre tract as conveyed to the New Albany Company by deed of record in Official Record 17063J14, a distance of 581.34 feet to an iron pin set at a northeasterly corner of that remainder tract as conveyed to the New Albany Company by deeds of record in Official Record 14795J01 and Official Record 19398I09;
thence North 86° 49' 04" West, with a northerly line of said remainder tract, a distance of 150.00 feet to an iron pin set at a corner thereof;
thence North 03° 06' 21" East, with an easterly line of said remainder tract and the easterly line of said 0.997 acre tract (passing an iron pin found at 291.90 feet) a distance of 581.34 feet to the True Point of Beginning, and containing 2.002 acres of land, more or less, of which 0.069 acres lies within the present right-of-way of Thompson Road.
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.
Bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments F.C.G.S. 6666 and 6667 established by the Franklin County Engineering department using Global Positioning System procedures and equipment.
To Rezone From: R, Rural District,
To: PUD-8, Planned Unit Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-8, Planned Unit Development 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 PUD-8, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plan titled, "PRESERVE CROSSING," dated April 15, 2005 and text titled "PUD - TEXT," signed by Jeffrey L. Brown, attorney for the Applicant, dated January 30, 2006, and the text reading as follows:
PUD - TEXT
PROPOSED DISTRICTS: PUD-8
PROPERTY ADDRESS: 5369 Thompson Road
OWNER: The New Albany Company
APPLICANT: LDK Land, LLC
DATE OF TEXT: 1/30/06
APPLICATION: Z04-079
1. INTRODUCTION: When Z03-086 was approved, the subject site was not annexed to the City of Columbus. This application incorporated the applicable development standards of Subarea 2 onto this property from Z03-086.
2. General Development Standards
1. The proposed public North / South Road may contain a median and its design shall be subject to the review and approval of the Division of Transportation. Public or private utilities including private water lines may be extended under this North / South Road to serve any subareas, if approved by the appropriate governmental agencies prior to issuance of zoning clearance.
2. Left turn lanes shall be provided at the Thompson Road and the North/South Road intersection. Stop sign controls shall be installed at the Thompson Road intersection for the North/South Road. A traffic light is not warranted at this intersection. No left turn lane shall be provided at the easterly intersection of the private drive with Thompson Road.
3. The Developer shall create a two lane section with a third turn lane at major intersections along its Thompson Road frontage as each subarea is developed or such other configuration as shall be approved by the Division of Transportation.
4. These traffic improvements may be installed in phases as the adjoining subareas are developed.
5. The required traffic improvements shall be reviewed and approved by the appropriate governmental agency and may be modified or changed by the appropriate governmental agency at the request of the Developer.
6. Curb cut distances are measured from centerline of one curb to the centerline of the next curb cut.
7. The open space areas shown on the PUD drawing may change in size and location based upon the final site plan layout except for the open space adjacent to Thompson Road.
8. These traffic improvements shall be made by the developer regardless of ultimate source of funding for those improvements.
SUBAREA 1 - 2± ACRES (PUD-8)
Subarea 1 is located south of Thompson Road.
2. PERMITTED USES: Detached single family with attached garages on private streets and multi-family dwellings with a minimum of three units. Recreational buildings, with a maximum square footage of 10,000 sq. ft. No skateboard park shall be permitted.
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of R-2 and AR-12 shall apply to the respective single family and multi-family developments.
A. Density, Height, Lot and/or Setback Requirements
1. Single Family
a. Each lot shall be a minimum of 50 ft. x 120 ft. with a front yard setback of a minimum of 12 feet (stoops and porches may extend 4 feet into the setback); sideyard setback of a minimum of 3.5 feet and a rear yard of a minimum of 20 feet.
b. Driveway for detached single family dwelling units may occupy a side yard.
c. Setback requirements for detached single family dwelling units shall be measured from either a private street (easement line) or a public street (right-of-way).
d. Minimum separation between buildings shall be at least 6 feet, except for permitted encroachments under Section 3332.28 of the City Code which may, if closer than 6 feet, have to be constructed to meet certain fire code ratings.
e. Single family garages shall be attached to the dwellling unit with a minimum of two enclosed spaces per dwelling unit. Each dwelling unit shall have a maximum garage footprint of 440 sq. ft. excluding the area where the stairs lead to the storage area as required in Section (A)(1)(l) below with a maximum driveway width of sixteen feet. No pumping fixtures shall be permitted in the garage.
f. Parking restrictions shall be controlled by appropriate signage displayed within the development. Parking shall be limited to one side of the street if said street is less than 26' in width. No parking shall be permitted on either side of any street within 25' of street intersections. Five hydrants shall be located on the side of the street where no parking is permitted. Enforcement the condominium / homeowner association shall be established by the rules and regulations of the condominium / homeowner association. The final design / layout of all onsite parking is subject to review and approval of the transportation division.
g. Signage regulating parking shall be installed consistent with city signage requirements for private streets, and parking requirements shall be enforced through an agreement between the association of homeowners and a private towing company. Such agreement, together with the association's governing documents, shall be filed with the Division of Fire, Fire Prevention Bureau consistent with Columbus City Code 3320.15(a)(10).
h. Parking is not allowed anywhere but in garages, on private streets as designated on the zoning clearance drawing, on streets as set forth above, and in driveways where applicable. In conjunction with the requirements 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.
i. The owner, developer and / or the association of homeowners must establish and maintain an agreement (s) with private towing company (s), which agreements authorize the private towing company (s) to remove / tow any vehicles parking in restricted areas associated with private streets. There may be one or more such agreements with one or more towing company(s), for any time / lengths, terms, etc. as the association determines, so long as at least one such agreement shall always at all times be in force for the purposes of enforcement / removal / towing as required above. Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
j. The owner, developer, or the association of homeowners, as applicable, shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and issuance of citations and / or removal of vehicles parked in violation of posted parking restrictions on private streets.
k. Single family: Minimum net living area for a ranch shall be 1,100 sq. ft. and for a two story dwelling unit shall be 1,600 sq. ft.
l. Each dwelling unit shall have a storage area above the garage of a minimum of 250 sq. ft. This storage area shall have a wood floor and be accessed by a permanent stairway.
m. If soil conditions permit, a basement shall be offered as an option on each single family dwelling.
n. Minimum building and parking setback (for recreational building and facilities) shall be 30 feet from Thompson Road.
2. Multi-family
a. Each multi-family building shall have a minimum of 4 foot front yard setback; stoops may have a zero setback.
b. Garages for multi-family buildings shall have a minimum setback of 6 feet from the edge of an alley (easement line).
c. Setback requirements for detached multi-family dwelling units shall be measured from either a private street or alley or a public street (right-of-way).
d. There shall be a 25 foot building and parking setback along the west perimeter of the subarea adjacent to the subject site's multi-family developments; no interior perimeter yards shall be required.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. The proposed street alignments and access points are schematic and subject to change except for the location of the North/South Road which shall not change except with the approval of the City 's Division of Transportation.
2. Sidewalks in the single family areas shall be installed on both sides along all new public streets, and on both sides of all new private streets except for single loaded streets which shall have sidewalks on the house side only. Sidewalks (4 ft. minimum) shall be constructed of concrete. Leisure trails may be constructed of asphalt.
3. All streets shall be private except for the north/south road and shall be at least 22 feet in width. All alleys shall be private and shall be at least 22 feet in width except for a one way alley which shall be 16 feet in width. Intersection details including turning radii and tapers will comply with the TND standards for 22 feet wide streets and 22 feet wide alleys, or 12 feet wide alleys (except that the pavement width is 16 feet instead of 12 feet). The private streets and alleys shall be owned and maintained by the Homeowner's Association.
4. In multi-family development stacked parking (one parking space) shall be permitted behind a garage and counted as code required parking. If a stacked space is provided, then the parking space area shall be at least 18 feet in depth.
5. Code required parking may be located along both public and private streets.
6. The applicant shall dedicate 30 feet from the centerline of Thompson Road to the City when it develops the adjacent property.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. A street tree planting shall be established along the North/South Road. Trees are to be a minimum of two and a half inch caliper and shall be spaced at a maximum distance of thirty feet on center. Trees may be grouped, provided the quantity is equivalent to 1 tree per thirty feet or fraction thereof. This requirement may be waived in areas where existing trees, minimum 3 inch caliper, exist and are shown on the submitted zoning clearance drawing and meet the quantity requirements of this item.
2. Any parking areas for recreational facilities adjacent to Thompson Road shall provide headlight screening to Thompson Road, minimum 30 inches in height in the form of a mound, hedge, wall, fence or any combination thereof.
3. The developer shall install one street tree per single family dwelling unit and three street trees per corner single family dwelling unit. Street trees shall be installed at regular intervals. Street trees shall be 2.5" caliper minimum, and species shall not be mixed on individual streets.
4. Unless otherwise specified, minimum size of all plant material at installation shall be 2.5" caliper for deciduous shade trees, 6' high for evergreen, and 1.5" caliper for ornamental trees; caliper shall be measured 6" above grade.
5. All trees and landscaping shall be well maintained. Dead items, weather permitting, shall be replaced within six months or the next available planting season, whichever occurs first.
6. All property currently or hereafter subject to the Joint Parks District tax shall have the right to use the park contained in Subarea 7 of Zoning Case Z01-078 located on the west side of Rocky Fork Creek, north of Thompson Road.
7. No structure or building shall be placed upon, in or under any of the areas designated "tree preservation area" hereon, nor shall any work be performed thereon that would damage any of the trees thereon, provided, however that there shall be such construction areas therein as may be required for the construction / installation, operation and maintenance of utility and drainage facilities as the developer may deem necessary for efficient development. Any such utility or drainage facility shall only be constructed / installed so as to cross or extend into a tree preservation area at right angles to the length of the tree preservation area in which it would be located. Each tree, 3 - inch caliper or greater, removed as the result of utility or drainage facilities maintenance, shall be replaced, by the entity responsible for such maintenance, with a 2.5 - inch caliper deciduous shade tree, a 6 - foot high evergreen trees or a 1.5- inch caliper ornamental tree not withstanding the foregoing, trees which are dead or diseased may be removed therefrom. The owner of the tree preservation area shall care for and maintain said portion of the tree preservation area that falls within the limits of said owner's control.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. Building materials for single family dwelling units except for the building's foundation shall be brick, stone, wood, glass or vinyl.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1. Unless otherwise required by the utility company, all new wiring within a development shall be underground.
2. Developer shall install residential street lamps in the single family areas on both the public and private streets per the City of Columbus's standard spacing.
F. Graphics and Signage Commitments
All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the R-2 and AR-12, Residential Districts. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission. If a sign contains a brick structure then the brick structure shall meet the sign setback.
G. Miscellaneous
1. Homes may be used as model homes for the purpose of marketing and sales . A manufactured modular building or a model home may be used as a sales office during the development of the project and the construction of homes therein.
2. The Board of Zoning Adjustment (BZA) shall be the venue to vary development standards including any and all specific site development standards depicted on this site plan.
3. There are parcels which are in different tax districts but in the City of Columbus. For the purpose of zoning clearance the parcels shall be considered as one parcel for that portion of the development which crosses the two district lines.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.