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File #: 0199-2004    Version:
Type: Ordinance Status: Passed
File created: 1/20/2004 In control: Zoning Committee
On agenda: 2/23/2004 Final action: 2/26/2004
Title: To rezone 306 MCNAUGHTEN ROAD (43213), being 10.88± acres located on the east side of McNaughten Road, 390± feet north of Little Deer Lane, From: R, Rural District, To: L-R-2F, Limited Residential District and to declare an emergency (Z03-076).
Attachments: 1. ORD0199-2004StaffRpt.pdf, 2. ORD0199-2003zonemap.pdf, 3. ORD0199-2003gismap.pdf, 4. ORD0199-2003areial.pdf, 5. ORD0199-2004Disclosure.pdf, 6. ORD0199-2004labels.pdf
Explanation
 
REZONING APPLICATION:  Z03-076.
 
APPLICANT:  Denis R. King, Jr.; 155 Green Meadows Drive South; Westerville, Ohio 43213.
 
PROPOSED USE:  Two-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on December 11, 2003.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant is requesting the L-R-2F, Limited Residential District to develop a two-family residential subdivision.  The limitation text provides a landscaped setback and sidewalk along McNaughten Road, a no build/no utility zone along the east property line opposite an existing residential subdivision, McNaughten Road turn lane improvements, a street connection to Daner Road and stub street to the north.
 
 
 
Title
 
To rezone 306 MCNAUGHTEN ROAD (43213), being 10.88± acres located on the east side of McNaughten Road, 390± feet north of Little Deer Lane, From:  R, Rural District, To:  L-R-2F, Limited Residential District and to declare an emergency (Z03-076).
 
 
 
Body
 
WHEREAS, application #Z03-076 is on file with the Building Services Division of the Department of Development requesting rezoning of 10.88± acres, From:  R, Rural District, To:  L-R-2F, Limited Residential District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS,  an emergency exists in the usual daily operation in the City of Columbus in that the applicant has contractual obligations and certain matters involving the planning process which include but are not limited to the road improvements for the immediate preservation of the public peace, property, health and safety; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-R-2F, Limited Residential District to develop a two-family residential subdivision is consistent with existing zoning and development trends in this area.  The limitation text provides a landscaped setback and sidewalk along McNaughten Road, a no build/no utility zone along the east property line opposite an existing residential subdivision, McNaughten Road turn lane improvements, a street connection to Daner Road and stub street to the north; 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:
 
306 MCNAUGHTEN ROAD (43213), being 10.88± acres located on the east side of McNaughten Road, 390± feet north of Little Deer Lane, and being more particularly described as follows:
 
Descrition of 10.877 acres South of Broad Street, East of McNaughten Road, Columbus, Ohio
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 2, Township 12, Range 21, Refugee Lands, being all of that 5.02 acre tract (5.023 acres by survey) as described in deed to Ernest and Cynthia Wyche, of record in Official Record Volume 18377, Page F06 and all of tht 5.384 acre tract (5.854 acres by survey) as described in deed to June and Marion Sammons, of record in Official Records Volume 23004, Page E08, all records referenced herein being to those located in the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
 
Beginning FOR REFERENCE at the centerline intersection of McNaughten Road and Little Deer Lane as shown and delineated upon the plat "McNaughten Glen" a subdivision of record in Plat Book 68, Page 47; thence North 00º24'00" West, along the centerline of McNaughten Road, a distance of 447.57 feet to an railroad spike set at the southwesterly corner of said 5.384 acre tract and the TRUE PLACE OF BEGINNING;
 
Thence North 00º24'00" West, continuing along said centerline, a distance of 320.96 feet to a railroad spike found at the northwesterly corner of said 5.02 acre tract and the southwesterly corner of a 5.696 acre tract as described in a deed to Hawkes Hospital of Mt. Carmel, or record in Deed Volume 3191, Page 75;
 
Thence North 87º28'49" East, along the line common to said 5.696 acre tract and said 5.02 acre tract, a distance of 1,349.29 to a point at the southeasterly corner of said 5.696 acre tract, the northeasterly corner of said 5.02 acre tract and in the westerly line of "Amended Subdivision of Rose Hill," a subdivision of record in Plat Book 49, Page 13, said point being witness by an iron pin found 1.15 feet easterly of said corner.
 
Thence South 01º11'18" East, along said westerly line, a distance of 380.39 feet to an iron pin found at the southeasterly corner of said 5.384 acre tract and the northeasterly corner of an original 3.434 acre tract described as Parcel 2 in a deed to Columbus Contractor Company, of record in Instrument No. 200304290124650;
 
Thence North 89º59'53" West, along the line common to said 3.434 acre tract and said 5.384 acre tract, a distance of 1,353.64 feet to the TRUE PLACE OF BEGINNING and containing 10.877 acres of land.
 
Bearings herein are based on North 89º59'28" West for the northerly line of the referenced plat "McNaughten Glen" a subdivision of record in Plat Book 68, Page 47.
 
This description was prepared by M-E Companies, Inc. based on a field survey of the premises.
 
To Rezone From:  R, Rural District,
 
To:  L-R-2F, Limited Residential District.
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the L-R-2F, Limited Residential 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 L-R-2F, 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 DEVELOPMENT PLAN" signed by Denis R. King, Jr., Applicant, dated December 12, 2003, and reading as follows:
 
LIMITATION OVERLAY TEXT DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  L-R-2F.
 
PROPERTY ADDRESS:  306 McNaughten Road, Columbus, OH 43213.
 
OWENER:  Ernest & Cynthia Wyche; Marion & June Sammons.
 
APPLICANT:  Denis R. King, Jr.
 
DATE OF TEXT:  12/12/03.
 
APLICATION NUMBER:  Z03-076.
 
1.  INTRODUCTION:  The proposed development is for attached residential units.
 
2.  PERMITTED USES:  Those uses permitted in Section 3332.037 (R-2F, Residential) of the Columbus City Code.
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated the applicable development standards are contained in Chapter 3332 of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback Commitments.
 
There shall be a twenty-five foot wide (25) wide no build/no utilities area along the east property line.  No trees shall be disturbed in this area.
 
B.  Access, Loading, Parking and/or Other Traffic Related Commitments.
 
1.  A street connection shall be provided south to Daner Road (location to be determined) along with a stub street to the north, both subject to final approval by the Transportation Division.
 
2.  A left turn lane shall be provided in the current northbound lane of McNaughten Road and the northbound lane shall be relocated in the right-of-way, subject to final approval by the Transportation Division.  
 
C.  Buffering, Landscaping, Open space and/or Screening Commitments.
 
1.  The developer shall install along McNaughten Road one landscape bed for every fifty feet of frontage along McNaughten Road as well as a minimum three-foot high mound along said street frontage.  Each landscape bed shall consist of 1 deciduous tree, 3 evergreens, 9 bushes and 5 ornamental grasses.  Bushes shall be combinations of burning bush, taxus, hetzi juniper and/or mugo pines.  This landscaped area shall have a minimum depth of forty feet from the new right-of-way of McNaughten Road.  The landscape beds may be grouped or evenly spaced.
 
2.  Minimum sizes at installation for landscaping materials shall be:  deciduous trees, 2 ½" caliper; ornamental trees, 1 ½" caliper; evergreens, 5 feet in height; shrubs, 2 gallon.  Caliper shall be measured six (6) inches above grade.
 
3.  Landscaping shall be maintained in a healthy fashion and any dead or diseased material shall be replaced at the next planting season or within six months whichever is sooner.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
N/A
 
E.  Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
 
N/A
 
F.  Graphics and Signage Commitments.
 
All signage shall conform to Article 15, Title 33, of the Columbus City Code, as applied to the R-2F, Residential district.  Any variance from these requirements will be submitted to the City of Columbus graphics commission for consideration.
 
G.  Miscellaneous Commitments.
 
1.  The Developer shall install a sidewalk along the length of its McNaughten Road frontage unless a sidewalk is part of the city's street improvement plan for McNaughten Road.
 
2.  The developer shall comply with the city's parkland dedication ordinance by paying cash on the basis of $69,658 per acre.
 
SECTION 4.  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.