Explanation
Rezoning Application Z03-063
APPLICANT: Dominion Homes; c/o Donald Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 9, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The land use is consistent with the development and zoning patterns of the area. At the Development Commission hearing the applicant amended the application to request an L-R-2, Limited Residential District to incorporate limitations the applicant negotiated with the Southeast Community Coalition.
Title
To rezone 3992 REFUGEE ROAD (43232), being 97.67± acres located on the north side of Refugee Road, 480± feet east of Courtright Road. From: RRR, Restricted Rural Residential, AR-1, and ARLD, Apartment Residential, AR-O, Apartment Residential/Office, C-4, Commercial and L-C-4, Limited Commercial Districts. To: L-R-2, Limited Residential and NC, Neighborhood Center Districts. (Rezoning # Z03-063)
Body
WHEREAS, application #Z03-063 is on file with the Building Services Division of the Department of Development requesting rezoning of 97.67± acres from RRR, Restricted Rural Residential, AR-1, and ARLD, Apartment Residential, AR-O, Apartment Residential/Office, C-4, Commercial and L-C-4, Limited Commercial Districts, to L-R-2, Limited Residential and NC, Neighborhood Center Districts respectively; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the land use is consistent with the development and zoning 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:
3992 REFUGEE ROAD (43232), being 97.67± acres located on the north side of Refugee Road, 480± feet east of Courtright Road and being more particularly described as follows:
ZONING DESCRIPTION OF 62.736 ACRES
LOCATED NORTH OF REFUGEE ROAD
AND WEST OF HAMILTON ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, STATE OF OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Section 28, Township 12, Range 21, Refugee Lands, being part of a 45.707 acre tract (Parcel A), part of a 29.161 acre tract (Parcel B) conveyed to Columbus East Joint Venture by deed of record in Official Record 3511 G18, all of a 12.632 acre tract (Parcel B), all of a 4.466 acre tract (Parcel A) conveyed to Columbus East-Joint Venture by deed of record in Official Record 3636 F07, part of a 2.839 acre tract conveyed to Columbus and Southern Ohio Electric Company by deed of record in Deed Book 2729, Page 553, all of a 5.384 acre tract conveyed to Columbus & Southern Ohio Electric Company by deed of record in Deed Book 2680, Page 325 and part of a 6.613 acre tract conveyed to Columbus and Southern Ohio Electric Company by deed of record in Deed Book 2748, Page 462, all records herein of the Recorder's Office, Franklin County, Ohio, and said 62.736 acre tract being more particularly described as follows:
BEGINNING, at a point in the northerly right-of-way line of Refugee Road and at the common corner of said 12.632 acre tract and a tract of land conveyed to Sears Roebuck & Company;
Thence the following two (2) courses and distances along the northerly right-of-way line of said Refugee Road:
1. North 85°37'09" West, a distance of 673.51 feet, to a point;
2. North 85°35'28" West, a distance of 568.48 feet, to a point at the southwest corner of said 4.466 acre tract;
Thence North 03°10'08" East, a distance of 252.77 feet, along the line common to said 4.466 acre tract and a tract of land conveyed to Abu-Rayyan Nadi, to a point;
Thence North 85°31'50" West, a distance of 39.55 feet, along the line common to said 29.161 acre tract and said Abu-Rayyan Nadi tract, to a point at the common corner of said 29.161 acre tract and a tract of land conveyed to Anchor Car Wash Systems Inc.;
Thence the following four (4) courses and distances along the lines common to said 29.161 acre tract and Anchor Car Wash Systems Inc.
1. North 24°58'09" West, a distance of 238.53 feet, to a point;
2. North 30°19'50" West, a distance of 129.00 feet, to a point;
3. North 11°03'48" West, a distance of 82.39 feet, to a point;
4. North 02°12'17" East, a distance of 109.18 feet, to a point in the line common to said 29.161 acre tract and a tract of land conveyed to New Fellowship Christian Church;
Thence the following ten (10) courses and distances along the lines common to said 29.161 acre tract and said New Fellowship Christian Church tract:
1. North 22°00'16" East, a distance of 167.61 feet, to a point;
2. North 28°31'12" East, a distance of 70.79 feet, to a point;
3. North 26°19'35" East, a distance of 85.91 feet, to a point;
4. North 08°13'31" West, a distance of 136.30 feet, to a point;
5. North 31°47'42" West, a distance of 98.12 feet, to a point;
6. North 34°38'18" West, a distance of 95.53 feet, to a point;
7. North 79°04'49" West, a distance of 63.35 feet, to a point;
8. North 74°30'34" West, a distance of 64.03 feet, to a point;
9. North 28°38'55" West, a distance of 131.61 feet, to a point;
10. North 03°42'45" East, a distance of 25.98 feet, to a point in the line common to said 29.161 acre tract and a tract of land conveyed as Kimberly Villas Condo Phase IV;
Thence North 69°47'09" East, a distance of 653.18 feet, along the line common to said 29.161 acre tract and said Kimberly Villas Condo Phase IV, to a point at the common corner of said 29.161 acre tract and a tract of land conveyed to Kimberly Villas Condo Phase VI;
Thence North 23°41'30" East, a distance of 496.00 feet, along the line common to said 29.161 acre tract and said Kimberly Villas Condo Phase VI, to a point at the common corner of said 29.161 acre tract, a tract of land conveyed as Kimberly Villas Condo Phase VII and a tract of land conveyed to the Fritsche Corporation;
Thence South 85°27'13" East, a distance of 124.67 feet, to a point at the common corner of said 29.161 acre tract and said Fritsche Corporation tract and in the west line of said 6.613 acre tract;
Thence South 04°52'47" West, a distance of 356.81 feet, along the line common to said 29.161 acre tract and said 6.613 acre tract, to a point;
Thence South 85°33'20" East, a distance of 856.82 feet, over and across said 6.613 acre tract and said 45.707 acre tract, to a point;
Thence South 04°11'58" West, a distance of 1059.96 feet, over and across said 45.707 acre tract, to a point at the common corner of said 12.632 acre tract and said 45.707 acre tract;
Thence South 04°33'23" West, a distance of 823.76 feet, along the line common to said 12.632 acre tract and said Sears Roebuck & Company tract, to the POINT OF BEGINNING, containing 62.736 acres, more or less.
The above description was prepared from record information only and not an actual field survey. The above description is intended to be used for zoning purposes only and not for the transfer of real property.
The bearings given in the above description are based on the bearing of North 85°37'09" West for the centerline of Refugee Road as established by the Franklin County Auditor's GIS.
To Rezone From: RRR, Restricted Rural Residential,
AR-1, Apartment Residential, AR-0, Apartment Residential/-Office, ARLD, Apartment Residential -Low Density, C-4, Commercial and L-C-4, Limited Commercial Districts
To: L-R-2, Limited Residential District
ZONING DESCRIPTION OF 22.899 ACRES
LOCATED NORTH OF REFUGEE ROAD
AND WEST OF HAMILTON ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, STATE OF OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Section 28, Township 12, Range 21, Refugee Lands, being part of a 45.707 acre tract (Parcel A) conveyed to Columbus East Joint Venture by deed of record in Official Record 3511 G18 and part of a 6.613 acre tract conveyed to Columbus and Southern Ohio Electric Company by deed of record in Deed Book 2748, Page 462, all records herein of the Recorder's Office, Franklin County, Ohio, and said 22.899 acre tract being more particularly described as follows:
BEGINNING, at a point in the southerly right-of-way line of Kimberly Parkway East and in the north line of said 45.707 acre tract;
Thence North 47°02'15" East, a distance of 4.29 feet, along line common to said 45.707 acre tract and said Kimberly Parkway East, to a point at the common corner of said 45.707 acre tract and a tract of land conveyed to Eastland Condo;
Thence South 42°57'45" East, a distance of 107.70 feet, along the line common to said 45.707 acre tract and said Eastland Condo tract, to a point;
Thence the following three (3) courses and distances over and across said 45.707 acre tract:
1. South 47°04'21" West, a distance of 962.44 feet, to a point;
2. North 04°11'58" East, a distance of 289.76 feet, to a point;
3. North 85°33'20" West, a distance of 856.82 feet, to a point in the line common to said 6.613 acre tract and a 29.161 acre tract (Parcel B) conveyed to Columbus East Joint Venture by deed of record in Official Record 3511 G18;
Thence North 04°52'47" East, a distance of 356.81 feet, along the line common to said 6.613 acre tract and said 29.161 acre tract, to a point at the common corner of said 29.161 acre tract and a tract of land conveyed to the Fritsche Corporation;
Thence North 04°50'14" East, a distance of 388.19 feet, along the line common to said 6.613 acre tract and said Fritsche Corporation tract, to a point;
Thence South 79°30'39" East, a distance of 823.05 feet, along the line common to said 45.707 acre tract and a tract of land conveyed to Franklin County Residential Services, to a point;
Thence North 46°41'50" East, a distance of 49.05 feet, along the line common to said 45.707 acre tract and said Franklin County Residential Services tract, to a point at the southwest corner of a tract of land conveyed to K & S Properties;
Thence North 47°02'15" East, a distance of 234.31 feet, along the line common to said 45.707 acre tract and said K& S Properties tract, to a point at the southwest corner of a tract of land conveyed to CG Columbus, LLC;
Thence South 42°57'45" East, a distance of 560.00 feet, along the line common to said 45.707 acre tract and said CG Columbus, LLC tract, to the POINT OF BEGINNING, containing 22.899 acres, more or less.
The above description was prepared from record information only and not an actual field survey. The above description is intended to be used for zoning purposes only and not for the transfer of real property.
The bearings given in the above description are based on the bearing of North 85°37'09" West for the centerline of Refugee Road as established by the Franklin County Auditor's GIS.
To Rezone From: RRR, Restricted Rural Residential and L-C-4, Limited Commercial Districts
To: NC, Neighborhood Center District
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-R-2, Limited Residential and NC Neighborhood Center Districts 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-R-2, Limited 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 "LIMITATION OVERLAY TEXT", and shall register a copy of the approved NG, Neighborhood General District and Application among the records of the Building Services Division as required by Section 3320.13 of the Columbus City Codes; said plans being titled, "EASTLAND MALL SITE", "REGIONAL CONTEXT DIAGRAM EASTLAND MALL SITE", "DEVELOPMENT PLAN EASTLAND MALL SITE", and text titled, "EASTLAND PROPERTY (REFUGEE ROAD) STATEMENT ADDRESSING TND PRINCIPLES DOMINION HOMES", all signed by Donald Plank, Attorney for the Applicant, dated November 26, 2003, and reading as follows:
EASTLAND PROPERTY (REFUGEE ROAD) STATEMENT ADDRESSING TND PRINCIPLES DOMINION HOMES
The Eastland Site is approximately 62± acres and is located North of Refugee Road adjacent to the Eastland Mall. The site is located east of Eastland Mall and West of Old Courtwright Road.
This plan is prepared to incorporate the principles of the Traditional Neighborhood Development Ordinance. The precedent set forth by both this document is the creation of viable communities that focus on pedestrian as well as vehicular requirements.
A. The basic increment of TND planning is the transit-supportive, mixed-use neighborhood of a minimum density of five units per acre.
The plan outlines residential housing at a density of up to 6 units per acre. This density is a transit supportive density.
B. The neighborhood is defined by an easy walking distance from edge to center, ranging from a quarter mile to a half mile.
The planning center of the site is approximately 600 feet away at Eastland Mall. The interconnected street grid promotes pedestrian flows throughout this neighborhood and connectivity to adjacent existing developments. Sidewalks will carry pedestrians from their homes east to the mall and the park and ride site, an existing COTA bus distribution point, between this site and the mall.
C. A variety of housing stock serves a range of incomes and age groups and includes backyard apartments, apartments above shops and residential units adjacent to work places.
Dominion Homes will offer attached and detached town homes in the Neighborhood Center portion of this development. In addition, Dominion Homes will be constructing the Celebration line of homes in the adjacent L-R-2 area. These homes will serve a range of incomes and age groups.
D. A variety of business types are accommodated, from retail and professional offices to "live-work" units and outbuildings for start up businesses. The office stock serves a range from home occupations to conventional office buildings. The retail stock includes a range from the corner store to small supermarkets.
No commercial uses are proposed for this site. However, CPD zoning exists adjacent to this site less than 1/8 mile east at Eastland Mall, and many other service and employment uses are located along the Refugee Road corridor.
E. Special sites are reserved for civic buildings to serve as symbols of the community, thus enhancing community identity.
The plan also includes two civic spaces. The first includes a portion of an existing wetland and abuts the 12-acre open space. The smaller civic space is formed by the intersection of two streets
F. A variety of civic spaces take the form of parks, greens, squares and plazas.
The civic spaces are dispersed throughout the site and vary is size from .2 acre to .6 acres. The proposed .6 acre civic space is adjacent to a 12-acre open space/ easement that links multiple neighborhoods.
G. A variety of thoroughfares are designed to be equitable to the pedestrian, bicycle and automobile. Thoroughfares are connected in such a way as to encourage walking and reduce the number and length of automobile trips.
Thoroughfare types include local streets and lanes as well as sidewalks. All streets and lanes are interconnected with the entrance to the neighborhood from The Grand Court and Eastland manor. Walking will be the primary mode of transportation between this neighborhood and adjoining developments based on the proximity to Eastland Mall and the COTA park and ride.
H. Building frontages spatially delineate thoroughfares and civic spaces and mask parking lots.
The streetscape defines the thoroughfares and is characterized by a variety of house types. In all cases, the streets will be defined by the homes, which will generally have tight setbacks to promote a pedestrian oriented streetscape. The homes in (Neighborhood General) will be serviced by garages accessed from lanes, which will mask the parking all together. There are no parking lots proposed. On street parking will be provided for guests.
I. Smaller block sizes reflecting intensity of use for each district will serve to support the above principles.
Block size is consistent with the transect diagram illustration for neighborhood general. The blocks will be between 550'-700' in length. A few are longer (up to 950' length), and in those situations the house lots are organized to minimize the "visual" length of the streets (see plan).
Limitation Text
L-R2, Limited Residential District
62.736+/- Acres
Z03-063
Existing District(s): ARLD, ARO, AR-1, RRR, LC-4, C-4
Proposed District: L-R-2, Limited Residential District
Property Address: 3992 Refugee Road, Columbus Ohio 43232
Owner: Columbus Joint Venture; c/o The Richard Jacobs Group c/o Donald Plank Esq.
145 East Rich Street, Columbus Ohio 43215
Applicant: Dominion Homes Inc., c/o Donald Plank Esq., 145 East Rich Street, Columbus Ohio 43215
Date of Text: November 26, 2003
Introduction
The subject property is comprised of 62.736+/- acres as more particularly described in the legal description, which was submitted with the zoning application (the "Property"). The Property is located on the north side of Refugee Road and approximately 480+/- feet east of Courtright Road. The Property is zoned ARLD, ARO, AR-1, RRR, LC-4, C-4, and is currently undeveloped. The Applicant proposes to rezone the Property for development of a single family dwelling subdivision. A plan titled "Eastland Mall Site" signed by attorney Donald Plank and dated November 26, 2003, hereafter referred to as the "Plan", is submitted with this application and incorporated by reference in this Limitation Text to illustrate the location of setback/buffer and wetland areas.
On August 5, 2003 the Applicant made application to rezone the Property to the R-2 district. At the request of the Development Commission the Applicant amended the application from the requested R-2 District to L-R-2 District. This limitation text is submitted to accompany the request for the L-R-2 District.
1. Permitted Uses: The following uses shall be permitted:
Detached single-family dwellings on platted lots as permitted in Section 3332.033, R-2, Residential District Use, along with all permitted customary accessory uses and structures incidental to a single-family dwelling.
2. Development Standards: Except as specified herein and as indicated on "The Plan", the applicable development standards of Chapter 3332, Residential Districts, of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. Density: N/A
2. Height: Height District shall be H-35.
3. Lot: N/A
4. Setback: N/A
B. Access, Loading, Parking and/or Traffic Related Commitments.
The Applicant shall make improvements to Refugee Road relative to ingress and egress to the Property as required by the City Engineer.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. A 50' No Build Zone, measured from the easternmost floodway line of Mason Run, as depicted on the Plan, shall be provided. Utility crossing(s) of the No Build Zone shall be permitted.
2. A 75' Tree Buffer Area along Refugee Road, as depicted on the Plan, shall be provided. Dead, dying and diseased trees in Tree Buffer Area may be removed.
3. Utility crossing(s) of the Tree Buffer Area shall be permitted.
3. A 150' No-Build Zone, generally located in the area of and adjacent to the northwest property line, as depicted on the Plan, shall be provided. Utility crossing(s) of the No Build Zone shall be permitted.
4. Street trees shall be provided along the new internal public streets at the rate of one (1) street tree per lot. Two (2) street trees shall be provided on corner lots, with one (1) street tree on each street frontage of the corner lot. Street trees shall be selected from tree species approved by the City Forester.
5. Street trees shall be a minimum 2 ½" caliper at time of installation.
6. The wetland area, as generally depicted on the Plan, shall be preserved, to the extent that the wetland is located on the site being rezoned.
7. A 80' tree preservation area within the 150' no build zone generally located in the area of and adjacent to the northwest property line, as depicted on the plan, shall be provided. Utility crossing(s) of the 80' tree preservation area shall be permitted. No fences shall be constructed within the 80' tree preservation area.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Homes with identical facades shall not be built adjacent to one another.
2. The minimum house size shall be 1200 square feet.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the R-2, Residential District. Any variance to the applicable sign requirements of the R-2 District shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. The developer shall comply with applicable requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. The plan titled "Eastland Mall Site Development Plan", signed by Donald Plank, attorney for applicant, dated November 26, 2003, is submitted with this application and incorporated by reference in this Limitation Text to illustrate the location of setback/buffer and wetland areas.
3. The Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application, including any and all specific site development standards contained in this ordinance or as depicted on the plan referenced in G.(2).
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.