Explanation
Rezoning Amendment Z03-033A
Ordinance #1958-2003, passed October 25, 2004, rezoned 12.02± acres from the R-1, Residential District to the L-AR-12, Limited Apartment Residential District. That legislation did not propose town houses for the development. This ordinance will amend Ordinance #1958-2003 by repealing Section 3 and replacing it with a new Section 3 that will now allow town houses in conjunction with Council variance CV05-068. Staff supports this proposal because the site plan/layout required by the existing L-AR-12 zoning remains unchanged by this request and because the changes are interior to the site. All other use restrictions and development standards established by Ordinance #1958-2003 will remain in effect.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #1958-2003, passed October 25, 2004, for property located at 2699 SPANGLER ROAD (43207), being 12.02± acres located on the west side of Spangler Road, 300± feet south of Watkins Road, by amending the limitation overlay text in Section 3 as it pertains to town house requirements and to declare an emergency. (Z03-033A)
Body
WHEREAS, Ordinance #1958-2003, passed on October 25, 2004 (Z03-033), established the L-AR-12, Limited Apartment Residential District on property located at 2699 SPANGLER ROAD (43230) being 12.02± acres located on the west side of Spangler Road, 300± feet south of Watkins Road, From: R-1, Residential District To: L-AR-12, Limited Apartment Residential District, and
WHEREAS, it is necessary to amend Ordinance #1958-2003 to modify allow town houses in conjunction with Council variance CV05-068; 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, all other aspects of the L-AR-12 limited development text contained in Ordinance #1958-2003 are unaffected by this amendment and remain in effect, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the existing Section 3 of Ordinance #1958-2003, passed on October 25, 2004 (Z03-033) be hereby repealed and replaced with a new Section 3 reading as follows:
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 text being titled, "DEVELOPMENT TEXT L-AR-12, LIMITED APARTMENT RESIDENTIAL 12+/- ACRES," said plan being titled "2699 SPANGLER ROAD TOWN HOUSE PLAN," both signed by Michael Shannon, Attorney for the Applicant, dated April 7, 2006, and reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL
12+/- ACRES
EXISTING DISTRICT: L-AR-12, Limited Apartment Residential
PROPOSED DISTRICT: L-AR-12, LIMITED APARTMENT RESIDENTIAL
PROPERTY ADDRESS: 2699 SPANGLER ROAD, COLUMBUS (43207)
OWNERS: MARONDA HOMES, INC. OF OHIO, C/O CRABBE, BROWN & JAMES, LLP, GEORGE R. McCUE, ESQ., AND MICHAEL T. SHANNON, ESQ., 500 S. FRONT STREET, SUITE 1200, COLUMBUS, OHIO 43215
APPLICANT: MARONDA HOMES, INC. OF OHIO, C/O CRABBE, BROWN & JAMES, LLP, GEORGE R. McCUE, ESQ., AND MICHAEL T. SHANNON, ESQ., 500 S. FRONT STREET, SUITE 1200, COLUMBUS, OHIO 43215
DATE OF TEXT: April 7, 2006
APPLICATION NO.: Z03-033(A)
INTRODUCTION:
The subject property is 12± acres located on the west side of Spangler Road, south of Watkins Road. Applicant proposes to rezone the property for a town house development. The site is currently vacant with some existing trees along the west and partial north property lines. This Amendment is filed to permit development of the Site under the Town House development standards of C.C.C. §3333.41, as a possible alternative to the previously-approved and specified condominium development. The Site will be developed in substantial compliance with the Development Text approved by Ordinance 1958-2003. A companion council variance application (CV05-068) has been filed for certain variances to the Town House development standards of §3333.41, in order to achieve substantial compliance with the previously-approved site plan and Development Text.
1. PERMITTED USES: The following uses shall be permitted:
Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333, Apartment Districts, of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
1. Density: The maximum number of units shall be 120, for a site density of ten (10) units/acre. The maximum number of units in each building shall be six (6).
2. Height: The buildings shall be limited to not greater than two (2) stories.
3. Setbacks:
a. There shall be a minimum 25-foot building, parking and pavement setback along the perimeter of the site, except as stated in Sections 3.b. and 3.c., below.
b. There shall be a minimum 40-foot building, parking and pavement setback along the west property line.
c. There shall be a minimum 50-foot building setback from the Spangler Road right-of-way line, except that any part of the entrance feature structure which is greater than six (6) feet in height shall be a minimum of 25 feet from the right-of-way line.
B. Access, Loading, Parking and/or Traffic-Related Commitments.
1. Access to the site shall be from Spangler Road and shall be subject to final engineering and location approval of the Division of Transportation.
2. At the request of the City of Columbus Transportation Division and Fire Division, a 15-foot emergency access drive shall be established at the current terminus of Green Meadows Street, and constructed to City of Columbus specifications. It is the intent of the Applicant/Developer that this emergency access be designed so as to mitigate its appearance.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The Applicant/Developer shall install deciduous trees, 30 feet on center, along the southernmost property line, excluding the fence areas described in paragraph C.5.
2. The Applicant/Developer shall not disturb the tree buffer that exists along the west boundary line of the "Vance" property, parcel number 530-156612, except where necessary to install the fencing described in Paragraph C.5., below, and except that trees and/or underbrush which interfere with the installation of utilities may be removed, subject to any removal being the minimum necessary.
3. Along the west and north perimeter (which is adjacent to the L-M-2 site) is an existing tree line which shall be maintained as a natural buffer area consistent with best management practices for maintenance. Trees and/or underbrush which interfere with the installation of utilities and/or walking path(s) may be removed, subject to any removal being the minimum necessary. Any gaps in the current tree line will be replanted with evergreen trees, 15 feet on center, in accordance with paragraph C.4. herein.
4. The minimum size of plant material at time of installation shall be as follows: Deciduous Tree - 2 ½-inch caliper (measured at six (6) inches above ground), Ornamental Tree - 1 ½-inch caliper (measured at six (6) inches above ground), Evergreen Tree - six (6) feet in height.
5. Along the north and west sides of the "Campbell" property, parcel number 530-156569, along the south and west sides of the "Demeter" property, parcel number 530-156576, and along the south and west sides of the "Vance" property, parcel number 530-156612, the Applicant/Developer shall install a six (6)-foot high cedar fence.
6. A 10-foot wide "Reserve Area" shall be provided around the perimeter of the site (excluding the entry drive area), to provide for preservation and maintenance of the existing and/or newly-installed landscaping and fencing as described in this Development Text. The Preservation Area shall be owned and maintained by the homeowner association established for the town house development, if applicable.
7. Plant material that is planted as a requirement of this text shall be maintained in a healthy condition. Dead plant material shall be replaced with plant material that meets the minimum size requirements for new plant material within three (3) months, weather permitting.
8. The Applicant/Developer agrees to install a minimum of 4 deciduous trees, 22 evergreen shrubs, and 24 deciduous shrubs per 6-unit building, or 3 deciduous trees, 20 evergreen shrubs, and 16 deciduous shrubs per 4-unit building, as depicted in the submitted Spangler Farm Landscape Details, as typical. These trees and shrubs may be evenly spaced (as shown) or naturally grouped within front and/or side yards, as may be necessary to accommodate required parking, drive aisles, overall aesthetics, and development standards. This commitment may be enforced by calculating the total number of trees and shrubs provided per the tree and shrub-to-building ratio above.
9. The Applicant/Developer agrees to incorporate the entry features as depicted in the submitted Spangler Farm Landscape Details, which includes 6 trees on each side of the entrance way with a hedge, low shrubs, and perennial and annual flowers in front. The entry features, including stone column and signage, may be modified or excluded should alternative landscaping, such as ponds, trees, and/or neighborhood-scale landscaping, be installed in an effort to maintain the existing rural character of Spangler Road.
10. Any landscaping specified in the Spangler Farm Landscape Details may be relocated due to final engineering of the site, including site access, parking, drive aisles and building footprint, with the approval of the Administrator, Building Services Division, Department of Development.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. To facilitate that building materials shall be traditional and natural in appearance, primary exterior building materials, other than window, door and roof materials, shall consist of one or more of the following: brick, wood trim and/or vinyl siding. Buildings shall be finished on all sides/elevations with the same level and quality of finish.
2. The Net Floor Area for Living Quarters, as defined in the Columbus Zoning Code, per dwelling unit shall be a minimum 1,500 square feet.
3. Garages:
a. All units will have at least a two-car garage.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All light fixtures shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
2. All new or relocated utility lines shall be installed underground.
3. The height of the lighting poles shall be no greater than 12 feet from the finished elevation where installed.
4. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage onto neighboring property.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the AR-12, Apartment Residential District. Any variance to the applicable sign requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. Parkland Dedication Commitments: Applicant/Developer will make a monetary contribution to the Recreation and Parks Department. Said contribution will be made prior to zoning clearance.
2. Sidewalks: Internal sidewalks and a sidewalk out to Spangler Road will be provided and developed in accordance with the submitted Site Plan committed to hereunder.
3. Homeowners' or Condominium Association: A homeowners' or condominium association will be responsible for the maintenance of green space and common areas including, but not limited to, the maintenance of the landscaping obligations contained on the Spangler Farm Landscape Details plan, and in this Development Text:
a. The Applicant/Developer agrees to use best management practices to ensure environmentally-sound care and maintenance of the general lawn and landscaping for the development. Where possible, the Applicant/Developer will utilize natural and/or organic lawn care treatment products, for the care and maintenance of the lawn/ landscaping for the development, with all products applied in strict accordance to label instructions. This requirement shall be incorporated in the homeowners' or condominium association documents, for continued use and administration by the homeowners' or condominium association, as well as be contained in a "good neighbor" statement to the "Kangas" property, parcel number 530-156569.
b. Further, the homeowners' or condominium association documents shall be prepared to include provisions whereby the association maintains common areas, and has authority to make unit-by-unit repairs, so as to preclude non-maintenance situations. The association shall be vested with authority to repair or "clean up" circumstances of non-maintenance and assess unit owners accordingly.
4. The subject site shall be developed in accordance with this Development Text and the submitted Spangler Farm Landscape Details plan, which may be slightly adjusted to reflect engineering, topographical or other site data available at the time of development. Any slight adjustment to the Plans shall be reviewed and may be approved by the Administrator, Building Services Division, Department of Development, or his/her designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 2. 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.