Explanation
Rezoning Application # Z06-039
APPLICANT: Michael J. O'Reilly, Atty.; 115 North Center Street; Pickerington, OH 43147.
PROPOSED USE: Housing for the elderly and multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on October 12, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The requested CPD, Commercial Planned Development and L-R-4, Limited Residential Districts would allow for an elderly housing facility and multi-family residential development, respectively. The proposed CPD District would permit a two-story, maximum 100,000 square-foot elderly housing facility comprised of 137 total units. The L-R-4 District would permit a maximum of ten (10) units in three (3) buildings having a minimum of 1,600 square feet per unit. The site falls within the boundaries of Subarea 4 of the Northland Plan Volume I (2001) which recommends "redevelopment be limited to single-family or low density multi-family (two-four family units) consistent with surrounding densities" and "pedestrian access through this site to Beechcroft High School be maintained / established to accommodate neighborhood children." Staff has determined that the proposal can meet the intent of the Plan's land use recommendations with conditions that restrict density and building height, and contain appropriate development standards with a commitment to install a walkway through the site to Beechcroft High School. Although the building height condition and the requested development standards have been addressed, including the pedestrian connection through the site to the high school, the proposed density of the elderly housing facility, which is equivalent to 23.86 units per acre, is much higher than what would be consistent with the recommendations of the Plan.
Title
To rezone 6261 MAPLE CANYON AVENUE (43229), being 7.73± acres located on the west side of Maple Canyon Avenue, 100± feet north of Sprucefield Drive, From: R-1, Residential District, To: CPD, Commercial Planned Development, and L-R-4, Limited Residential Districts (Rezoning # Z06-039).
Body
WHEREAS, application #Z06-039 is on file with the Building Services Division of the Department of Development requesting rezoning of 7.73± acres from R-1, Residential District to CPD, Commercial Planned Development, and L-R-4, Limited Residential Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because the Northland Plan Volume I (2001) recommends "redevelopment be limited to single-family or low density multi-family (two-four family units) consistent with surrounding densities" and "pedestrian access through this site to Beechcroft High School be maintained / established to accommodate neighborhood children." Staff has determined that the proposal can meet the intent of the Plan's land use recommendations with conditions that restrict density and building height, and contain appropriate development standards with a commitment to install a walkway through the site to Beechcroft High School. Although the building height condition and the requested development standards have been addressed, including the pedestrian connection through the site to the high school, the proposed density of the elderly housing facility, which is equivalent to 23.86 units per acre, is much higher than what would be consistent with the recommendations of the Plan, 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:
6261 MAPLE CANYON AVENUE (43229), being 7.73± acres located on the west side of Maple Canyon Avenue, 100± feet north of Sprucefield Drive, and being more particularly described as follows:
Subarea One
5.743 Acres to CPD
Situated in the State of Ohio, County of Franklin in the City of Columbus bounded and described as follows:
Being all of Lot Number Forty (40) and the North part of Lot Number Forty-one (41) of SHARON ACRES, as the plat of same of record in Plat Book 20, page 1, Recorder's Office, Franklin County, Ohio, bounded and described as follows:
Beginning at an iron pin at the Northwest corner of said Lot 40; thence along the north line of said Lot, South 84 deg. 22' 00" East 609.01 feet to an iron pin: thence along a curve with a radius of 1100.00 feet and a length of 253.70 feet with a chord South 12 deg 09' 35" West 252.64 feet; thence South 5 deg, 33' 57" West 249.17 feet thence across said Lot 41 North 84 deg 33' 06" West 38.65 to an iron pin; thence North 49 deg 07' 38" West 78.86 feet to an iron pin; thence North 84 deg 33' 06" West 227.85 feet to an iron pin; thence North 49 deg 33' 06" West 209.35 feet to an iron pin; thence North 84 deg 33' 06" West 77.41 feet to an iron pin in the west line of said Lot 41; thence North 5 deg 34' 00" East 336.26 feet to an iron pin to the place of beginning, containing 5.743 acres more or less. See attached drawing
To Rezone From: R-1, Residential District,
To: CPD, Commercial Planned Development District.
Subarea Two
1.982 Acres to L-R-4
Situated in the State of Ohio, County of Franklin in the City of Columbus bounded and described as follows:
Being the South part of Lot Number Forty-one (41) of SHARON ACRES, as the plat of same of record in Plat Book 20, page 1, Recorder's Office, Franklin County, Ohio, bounded and described as follows:
Beginning at an iron pin at the southeast corner of said Lot 41; thence along the south line of said Lot 41, North 84 deg. 22' 00" West 580.0 feet to an iron pin at the southwest corner of said Lot; thence along the west line of said lot, North 5 deg 34' 00" East 239.74 feet to an iron pin; thence across said Lot 41, South 84 deg 33' 06" East 77.41 feet to an iron pin; thence South 49 deg 33' 06" East 209.35 feet to an iron pin; thence South 84 deg 33' 06" East 227.85' to an iron pin; thence South 49 deg 07' 38" East 78.86 feet to an iron pin; thence South 84 deg 33' 06" East 38.65 to an iron pin in the east line of said Lot 41; thence along the east line of said Lot 41 South 5 deg 34' 00" West 75.83 feet to the place of beginning, containing 1.982 acres more or less. See attached drawing
To Rezone From: R-1, Residential District,
To: L-R-4, Limited Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development, and L-R-4, Limited Residential 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 CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Sections 3311.12 and 3370.03 of the Columbus City Codes; said plans being titled, "EXHIBIT "A" SITE PLAN," "EXHIBIT "A" ELEVATIONS," and "EXHIBIT "B" LANDSCAPE PLAN," and text titled, "DEVELOPMENT TEXT," all signed by Michael J. O'Reilly, Attorney for the Applicant, dated October 23, 2006, and the text reading as follows:
DEVELOPMENT TEXT
Zoning Districts: CPD and L-R-4
Property Address: 6261 Maple Canyon Avenue, Columbus, Ohio 43229 - Parcel
Numbers 010-147416-00, 010-147417-00, and 010-147418-00
Owner: Mr. Rick L. Heskett
Applicant: Michael J. O'Reilly, Attorney at Law
Date: October 23, 2006
Application Number: Z06-039
I. Introduction: The subject site is approximately 7.75 acres located on the west side of Maple Canyon Avenue, north of State Route 161. The site will be taken from the three tax parcels listed above on which are presently located two single family residence buildings and a non-operating industrial building once used as a mushroom cannery. The applicant is proposing two subareas. Subarea One is comprised of 5.75, more or less, acres, and is proposed for an assisted living facility in the CPD, Commercial Planned Development District. Subarea Two is comprised of 2.00 acres, more or less, and is proposed for a multiple dwelling development of not more than 10 units in the L-R-4, Limited Residential District. A site plan is attached as Exhibit "A" (the "Site Plan"). A public or private street running into the development in alignment with Laurelwood Avenue will service both the CPD and L-R-4 developments. If the street is not a public street, each use area will own to the centerline and reciprocal covenants and easements shall be recorded so that the two use areas shall each have the right to use and the obligation to contribute to the maintenance of the street.
The following will be complied with to address on-site security for the assisted living facility in Subarea One: (a) the assisted living facility will include all security and life safety systems, devices and measures required by the Ohio Department of Health regulations; (b) the facility will have a written security plan which shall be reviewed and updated annually; (c) one member of the facility's management team shall be designated to manage security issues in addition to any other job responsibilities; (d) whenever the facility is at full occupancy there shall be a security guard on duty from 7 pm to 7 am.
Subarea One
CPD, Commercial Planned Development District:
II. Permitted Uses: Such uses under the Planned Commercial District as are consistent with the operation of the facility shown on the accompanying site plan as an assisted living facility for a population the majority of which is over 55 years in age, commonly known as an "assisted living facility." Ancillary uses that are permitted include office use as needed for management of the facility, a manager's apartment, day care for seniors or the disabled, day care for children of facility employees, a commissary or gift shop for the resident population and their visitors, laundry facilities, maintenance shop, recreation area for clients of the facility and invited guests, a chapel for use of the client population
III. Development Standards: Except as otherwise specified, the site shall be developed in accordance with the development standards contained in City Code Chapter 3361, CPD. Without limitation, the facility shown on the Site Plan, being a 2-story assisted living facility building, 90,000- to 100,000 sf in size, with 120 one-bedroom units, 4 two-bedroom units, and a 13 unit (up to 26 bed) secured care area for residents with Alzheimer's disease or similar disabilities is expressly permitted. The building footprint, parking areas and driveways, access points and ranges, monument sign location, trash compactor location, location, fencing, mounding, buffering, sidewalk locations, and lighting locations for the project's initial construction shall be materially as shown on the Site Plan and the architectural "look" of the initial construction shall be consistent with the elevations included in Exhibit "A". A Landscape Plan has also been developed for the Project and a copy is attached as Exhibit "B". Minor adjustments to the submitted Site Plan, Landscape Plan and elevations due to site engineering or other issues may be permitted subject to the review and approval by the Director of Building Services Division or his designee.
A. Density, Height, Lot and/or Setback Commitments.
1. The minimum building setback from the street property line is fifty (50) feet.
2. The height of the project shall be an average of 32' 0" and height at roof peak shall not exceed 38' 0" on average.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. The main point of access will be from Maple Canyon Avenue via an extension of Laurelwood Avenue as shown on the Site Plan, the same to be a public or private street as shall be agreed upon with the City authorities. A right in-right out access point as shown on the Site Plan shall also be permitted. The entire access design will be reviewed and approved by the City of Columbus, Division of Transportation.
2. Mini-buses as typically owned by senior facilities may be parked on site.
3. Loading areas shall be located substantially as shown on the site plan.
4. Number, location and size of parking spaces shall be as shown on the site plan. If the building size is changed the number of parking spaces shall increase or decrease proportionately.
5. The Developer will construct a sidewalk along the Maple Canyon Avenue and along either the L-R-4 or CPD side of the aforementioned extension of Laurelwood.
C. Buffering, Landscaping, Open Space, Screening and Parkland Dedication Commitments.
1. The Landscape Plan prepared by Rafeld & Associates attached as Exhibit "B" shall be implemented as part of the Project construction. Minimum tree size at planting shall be 2.5" caliper for shade trees, 1.5" caliper for ornamental trees, 5 feet in height for evergreens. Caliper to be measured 6" from the ground. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever occurs first.
2. The Department of Recreation and Parks did not desire any parkland to be dedicated out of the Project site. The developer shall pay the applicable parks fee at the time of zoning clearance.
3. Per request of Northland Community Council and the neighboring property owner to the immediate north, the northerly property line of this site shall continue to be fenced; however the existing chain link material will be replaced to be a six foot high wood fence. This fence will be continued along the west property line of this site as well as along the west property line of the aforementioned L -R-4 area.
4. Mounding of around 4' in height shall be placed where shown on the Site Plan, along the Maple Canyon Avenue frontage to lessen the view of the Project from the single family area to the east of the site. The tree species planted along this frontage shall include deciduous as well as evergreens trees.
D. Sidewalk and Walkway Commitments.
1. A sidewalk in conformance with City standards for sidewalks shall be constructed along the Maple Canyon Avenue frontage of the Project.
2. Interior sidewalks and patios, and a gazebo and deck adjoining the pond shown on the site plan, shall be constructed as shown on the Site Plan. One or more crosswalks to connect the CPD and L-R-4 areas shall be provided.
E. Building Design and Exterior Treatment Commitments.
1. The architectural "look" of the initial construction shall be consistent with the elevations included in Exhibit "A".
2. The building exterior shall be primarily of brick and stucco siding. There may be minor usage of vinyl siding and at places the grilles of heating and cooling units will appear.
F. Dumpsters, Lighting, Outdoor Display and Other Environmental Commitments.
1. Lighting poles shall be cut-off fixture types, with high pressure sodium bulbs. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed fifteen (15) feet in height on a three foot concrete base.
2. Main entry features shall be landscaped and lit with concealed uplights.
3. If storm or sanitary sewers along the site frontage require repairs to accept storm drainage or sewerage from the site the developer will make them when constructing the site improvements.
G. Graphics and/or Signage Commitments.
1. The Project will have a ground mounted monument sign at the north side of the right in-right out entry point, and other graphics subject to compliance with the following Paragraph G.2.
2. The aforementioned signage and any other signage and graphics shall conform to the City of Columbus Graphic Code as it applies to the zoning district. Any variance of the sign requirements will be submitted to the City of Columbus Graphics Commission.
H. Miscellaneous:
1. Variance: Increase the allowable density for elderly housing from 1 unit per 2500 square feet to allow 137 of the assisted living units on the CPD site of approximately 5.75 acres (which would be approximately but need not be exactly 1 unit per 1828± square feet for 137 units) (Section 3349.03 w).
2. The Subject Site shall be developed in accordance with the submitted plans. The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development or when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
IV. Commercial Planned Development Text Requirements:
A. Natural Environment - The project will maintain the natural character of the area by planting trees, possibly constructing a pond as part of its storm drainage system, and creating the walkway described elsewhere herein.
B. Existing Land Use: The property is zoned R-1 prior to adoption hereof and existing use is single family residential with an existing mushroom cannery building not presently in use.
C. Transportation and Circulation: All drives and roadways will be reviewed and approved by the City of Columbus, Division of Transportation.
D. Visual Form of the Environment: The project shall be like a well built assisted living facility in appearance and shall use brick and stucco as the primary exterior materials and the architectural "look" of the initial construction shall be consistent with the elevations included in Exhibit "A".
E. View and Visibility: The applicant believes the proposed project use and improvements will enhance the area. The applicant believes that the proposed use will in no way diminish the surrounding neighborhood.
F. Proposed Development: The development will be a health related or elderly assisted living type of housing facility project with ancillary permitted uses as described above.
G. Behavior Patterns: The proposed use will serve the elderly and disabled population. Service to this population is beneficial to society, and therefore this Project should be beneficial with respect to behavior patterns.
H. Emissions: Emissions generated from the use of this site will not effect the environment or alter the use and enjoyment of the surrounding neighborhood.
Subarea Two
L-R-4, Limited Residential District:
II. Permitted Uses: The development will be used only for not more than ten (10) multi-family residential dwelling units. The units shall have a minimum net floor area for living quarters of 1,600 square feet which shall not be inclusive of garage and/or basement level space.
III. Development Standards: Unless otherwise indicated in this text, the applicable development standards of the R-4 category under Chapter 3332 of the Columbus City Codes shall apply.
A. Density, Height and Setback Commitments
1. No more than a total of ten (10) dwelling units shall be built.
2. No building shall be erected, altered, place or permitted to remain on the property other than multi-family dwellings, not to exceed two stories or thirty-five feet in height.
3. Any building shall be set back from Maple Canyon Avenue at least fifty (50) feet.
4. The development may, within the limitations of the applicable laws, be an "age 55 and over" complex.
5. One unit of any particular floor plan may be used as a sales model or rental/management office.
B. Access, Parking and/or Other Traffic Related Commitments.
1. All vehicular access shall be from the public or private extension of Laurelwood Avenue, to be shared with the CPD development. No parking will be allowed on said extension, except for in designated parking areas.
2. Each unit in the development will have a minimum of two parking spaces. Parking will be prohibited on the internal private street. Handicapped parking spaces shall be provided at not less than the code minimum. "No parking" signs will be posted as appropriate.
3. The Developer will construct a sidewalk along Maple Canyon Avenue and along the frontage of this project along the aforementioned extension of Laurelwood.
4. The Developer offers to construct if the City of Columbus will accept the easement and maintenance thereof, a fenced, asphalt, crushed gravel, or concrete paved walkway parallel with and abutting the southerly line of this property to connect the Beechcroft High School property with Maple Canyon Avenue, to serve as the walkway called for in the Northland Plan. An entry gate shall be provided from the walkway into the Sprucefield Condominiums immediately to the south if that condominium's board shall so desire.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Tree plantings will be made along the south and west site boundary within the required minimum 25 foot perimeter setback to augment existing trees. The trees shall be one or more of the following species: Red Maple, Linden, River Birch, Crabapple, Washington Hawthorne, Colorado Spruce, Burning Bush, Viburnum, Sweetspire, Dense Yew, Hich's Yew, or any species listed in the attached Landscape Plan, and shall be planted not less than one per each 40 feet, on center. Minimum tree size at planting shall be 2.5" caliper for shade trees, 1.5" caliper for ornamental trees, 5 feet in height for evergreens. Caliper to be measured 6" from the ground. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever occurs first.
2. The developer will make a cash contribution in lieu of dedicating land for park use at the time of zoning clearance.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The multifamily residential units may either be townhouses and/or ranch style units. The units may or may not have basements or garages. The exterior cladding of each building will be a combination of brick, stone or cultured stone, as one element, and stucco, wood or wood composition, or vinyl siding, as the other element.
E. Dumpsters, Lighting, Outdoor Display and Other Environmental Commitments.
1. Lighting poles shall be cut-off fixture types. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed fourteen (14) feet in height.
2. Main entry features will be landscaped and lit with concealed up lights.
3. If storm or sanitary sewers along the site frontage require repairs to accept storm drainage or sewerage from the site the developer will make them when constructing the site improvements.
F. Graphics.
All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.