Explanation
REZONING APPLICATION: Z05-083
APPLICANT: Maronda Homes of Ohio; c/o David Perry, Agent; The David Perry Company; 145 East Rich Street; Columbus, OH 43215; and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 9, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed PUD-8, Planned Unit Development District is consistent with the development and zoning patterns of the area . The applicant has complied with the Divisions of Transportation and Refuse requests to add a note addressing how stub streets will be handled pending construction of adjacent public streets in neighboring subdivisions. In addition, the applicant has agreed to provisions for street trees, underground utilities and committed to prohibit houses with the same façade from being located next to each other. These additional commitments exceed the minimum standards of the Zoning Code.
Title
To rezone 2515 KIMBERLY PARKWAY (43232), being 22.9± acres located at the terminus of Kimberly Parkway East, From: NC, Neighborhood Center District, To: PUD-8, Planned Unit Development District. (Rezoning # Z05-083)
Body
WHEREAS, application #Z05-083 is on file with the Building Services Division of the Department of Development requesting rezoning of 22.9± acres from NC, Neighborhood Center 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 proposed PUD-8, Planned Unit Development District is consistent with the development and zoning patterns of the area . The applicant has complied with the Divisions of Transportation and Refuse requests to add a note addressing how stub streets will be handled pending construction of adjacent public streets in neighboring subdivisions. In addition, the applicant has agreed to provisions for street trees, underground utilities and committed to prohibit houses with the same façade from being located next to each other. These additional commitments exceed the minimum standards of the Zoning Code, 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:
2515 KIMBERLY PARKWAY (43232), being 22.9± acres located at the terminus of Kimberly Parkway East, and being more particularly described as follows:
ZONING DESCRIPTION OF 22.855 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 48.376 acre tract conveyed to Dominion Homes, Inc., by deed of record in Instrument Number 200404160085979 and part of a 14.260 acre tract conveyed to Dominion Homes, Inc., by deed of record in Instrument Number 200408090185108, all records herein of the Recorder's Office, Franklin County, Ohio, and said 22.855 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 48.376 acre tract;
Thence North 47°02'15" East, a distance of 4.29 feet, along line common to said 48.376 acre tract and said Kimberly Parkway East, to a point at the common corner of said 48.376 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 48.376 acre tract and said Eastland Condo tract, to a point at a northeasterly corner of said 48.376 acre tract, being a common corner to an original 45.707 acre tract conveyed as Parcel A to Columbus East Joint Venture by deed of record in Official Record 3511, G18;
Thence South 47°04'21" West, a distance of 962.44 feet, along the line common to said 48.376 acre tract and said original 45.707 acre tract to a point at a common corner to said 48.376 acre tract and original 45.707 acre tract;
Thence the following two (2) courses and distances over and across said 48.376 acre and 14.260 acre tracts:
1. North 06°48'18" East, a distance of 290.00 feet, to a point;
2. North 85°33'20" West, a distance of 870.00 feet, to a point in the westerly line of said 14.260 acre tract a line common to a 25.523 acre tract conveyed to Dominion Homes, Inc., by deed of record in Instrument Number 200404160085979;
Thence North 04°52'47" East, a distance of 356.81 feet, along the line common to said 14.260 acre tract and said 25.523 acre tract, to a point at the northeasterly corner of said 25.523 ace tract a common corner to 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 14.260 acre tract and said Fritsche Corporation tract, to a point;
Thence South 79°30'39" East, a distance of 823.05 feet, across said 14.260 acre tract then along the line common to said 48.376 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 Kimberly Court, LLC;
Thence North 47°02'15" East, a distance of 234.31 feet, along the line common to said 48.376 acre tract and said Kimberly Court, LLC tract, to a point at the southwest corner of a tract of land conveyed to Retirement Management, Co.;
Thence South 42°57'45" East, a distance of 560.00 feet, along the line common to said 48.376 acre tract and said Retirement Management, Co., tract, to the POINT OF BEGINNING, containing 22.855 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: NC, Neighborhood Center 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 being titled, "SITE PLAN FOR EAST LANDINGS SECTION FOUR," signed by Donald Plank, Attorney for the Applicant, dated March 10, 2006 and said notes being titled "PUD NOTES 2515 Kimberly Parkway East Z05-083," dated March 8, 2006 and reading as follows:.
PUD NOTES
2515 Kimberly Parkway East
Z05-083
1) Permitted Uses and Development Standards shall be as established in Chapter 3332, Residential Districts, as applicable to the R-2, Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawings. The site will be developed with a maximum of 129 detached single family dwellings on platted lots with public streets.
2) The development depicted on the PUD drawing depicts the planned development. Subject to approval of the Development Director or designee, minor adjustments may be to the plan with final engineering and platting. The number of lots shown may be reduced.
3) On each lot, the minimum front building setback, as defined and applied in Section 3332.20, shall be 25 feet. The minimum and total side yard shall be five (5) feet and ten (10) feet, respectively. The rear yard shall be 25 feet.
4) Open Space shall be provided as depicted on this PUD plan.
5) Street trees shall be provided along public streets at the rate of one (1) tree per lot except two (2) trees shall be
provided on corner lots with one (1) tree on each street frontage. Street trees shall be a minimum of 2 ½ inch
caliper at time of installation.
6). All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
7). The "Minimum Net Floor Area for Living Quarters", as defined in Section 3303.13, Letter M, Columbus Zoning Code, shall be 1,350 square feet. Each dwelling shall have a two car attached garage.
8) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable.
9) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for
provision of utilities to the site
10) A temporary sales office shall be permitted prior to the development of a model home(s).
12) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15, of the Columbus City Code in accordance with R-2, Residential district standards. Any variance to the applicable requirement(s) of the Graphics Code shall be submitted to the Columbus Graphics Commission.
13) Sidewalks shall be provided in the public street right of way in accordance with applicable city code.
14) Homes with identical front facades shall not be built adjacent to each other.
15) Height District shall be H-35.
16) A 6' high wood fence shall be erected along the rear property line of the lots adjacent to the north property line of the site. All of the fence shall be the same design and materials when installed.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.