Explanation
REZONING APPLICATION # Z12-046
APPLICANT: New Albany Company LLC; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Adjusting development uses and standards.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on October 11, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The current zoning on the property added single-unit dwellings as a development option to the previous PUD which only allowed multi-unit development, however the applicants no longer wish to develop single-unit dwellings. Therefore, in effect, the applicants are reverting back to a previously approved PUD. Because the park and open space commitments are actually being expanded from the current zoning, Staff continues to support the land use, now proposed at a density of 10 dwelling units per acre as opposed to the current 8 dwelling units per acre.
Title
To rezone 5531 THOMPSON ROAD (43230), 63.0± acres located on the north side of Morse, 368± feet east of Preserve Crossing Boulevard, From: PUD-8, Planned Unit Development District, To: L-AR-12 Limited Apartment Residential District and to declare an emergency (Rezoning # Z12-046).
Body
WHEREAS, application # Z12-046 is on file with the Building Services Division of the Department of Development requesting rezoning of 63.0± acres from PUD-8, Planned Unit Development District, to L-AR-12 Limited Apartment ResidentialDistrict; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because the park and open space commitments are actually being expanded from the current zoning, the requested zoning will beat a density of 10 dwelling units per acre as opposed to the current 8 dwelling units per acre; 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; 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:
5531 THOMPSON ROAD (43230), 63.0± acres located on the north side of Morse, 368± feet east of Preserve Crossing Boulevard., and being more particularly described as follows:
ZONING DESCRIPTION OF
28.52 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands, being all of that 63.042 acre tract conveyed to New Albany Company by deed of record in Instrument Number 201010070133767 (all references refer to the records of the Recorder's Office, Franklin, County, Ohio), and being described as follows:
Beginning, for reference, in the centerline of Morse Road at the southeasterly corner of that plat entitled "Preserve Crossing Boulevard, Preserve Crossing Boulevard East, Preserve Crossing Boulevard North, Preserve Crossing Boulevard South, Preserve Crossing Boulevard West, Thompson Road and Morse Road Dedication and Easements", of record in Plat Book 110, Page 10;
thence South 86°49'27" East, a distance of 367.29 feet to the southwesterly corner of said 63.042 acre tract, being in the centerline of said Morse Road and the TRUE POINT OF BEGINNING;
thence North 03°36'39" East, with a westerly line of said 63.042 acre tract, a distance of 1808.47 feet to a point;
thence South 87°06'34" East, with a northerly line of said 63.042 acre tract and partially across said 63.042 acre tract, a distance of 452.22 feet to a point;
thence South 86°21'38" East, partially across said 63.042 acre tract, a distance of 108.09 feet to a point;
thence with the perimeter of said 63.042 acre tract, the following courses and distances:
South 02°12'11" West, a distance of 991.37 feet to a point;
South 86°44'49" East, a distance of 240.74 feet to a point; and
South 03°44'35" West, a distance of 818.26 feet to a point in the centerline of said Morse Road;
thence North 86°49'32" West, with the centerline of said Morse Road, a distance of 823.50 feet to the TRUE POINT OF BEGINNING and containing 28.52 acres, more or less.
ZONING DESCRIPTION OF
34.55 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands, being all of that 63.042 acre tract conveyed to New Albany Company by deed of record in Instrument Number 201010070133767 (all references refer to the records of the Recorder's Office, Franklin, County, Ohio), and being described as follows:
BEGINNING at a point in the centerline of Thompson Road, at the northwesterly corner of said 63.042 acre tract, a northeasterly corner of that 7.912 acre tract conveyed to Villages at Preserve Crossing III Ltd. by deed of record in Instrument Number 200807090105191, said point being South 86° 49' 04" East, a distance of 3087.49 feet from Franklin County Geodetic Survey Monument 6667 found at an angle point in the centerline of said Thompson Road;
thence South 86°49'04" East, with the centerline of said Thompson Road, a distance of 870.79 feet to a point;
thence with the perimeter of said 63.042 acre tract, the following courses and distances:
South 03°11'21" West, a distance of 20.00 feet to a point;
South 80°19'14" East, a distance of 176.68 feet to a point;
South 84°56'47" East, a distance of 71.85 feet to a point;
South 75°36'00" East, a distance of 121.68 feet to a point;
South 39°05'25" West, a distance of 103.00 feet to a point;
South 60°02'00" West, a distance of 120.00 feet to a point;
South 37°24'00" West, a distance of 214.00 feet to a point;
South 27°42'00" West, a distance of 183.00 feet to a point;
South 01°40'00" West, a distance of 71.00 feet to a point;
South 44°10'00" East, a distance of 120.00 feet to a point;
North 86°36'01" West, a distance of 277.06 feet to a point; and
South 03°33'05" West, a distance of 863.99 feet to a point;
thence North 86°21'38" West, with a southerly line of said 63.042 acre tract and partially across said 63.042 acre tract, a distance of 692.70 feet to a point;
thence North 87°06'34" West, partially across said 63.042 acre tract and with a northerly line of said 63.042 acre tract, a distance of 190.77 feet to a point;
thence with the perimeter of said 63.042 acre tract, the following courses and distances:
North 03°09'46" East, a distance of 745.79 feet to a point;
South 86°49'04" East, a distance of 66.00 feet to a point;
North 03°10'56" East, a distance of 242.00 feet to a point;
South 86°49'04" East, a distance of 54.00 feet to a point;
North 03°10'56" East, a distance of 282.27 feet to a point;
South 86°45'13" East, a distance of 74.94 feet to a point; and
North 03°21'32" East, a distance of 299.18 feet to the POINT OF BEGINNING and containing 34.55 acres, more or less.
To Rezone From: PUD-8, Planned Unit Development District,
To: L-AR-12 Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12 Limited Apartment Residential District on this property.
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved L-AR-12 Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "THE PRESERVE SUBAREAS 2B & 4," dated November 5, 2012, and signed by Jeffrey L. Brown, Attorney for the Applicant and said text being titled, "LIMITATION TEXT," dated November 14, 2012, and signed by Jeffrey L. Brown, Attorney for the Applicant.
LIMITATION TEXT
PROPOSED DISTRICTS: L-AR-12
PROPERTY ADDRESS: 5531 Thompson Road
OWNER: The New Albany Company
APPLICANT: The New Albany Company
DATE OF TEXT: 11/14/12
APPLICATION: Z12 -046
1. INTRODUCTION: In 2004 the property was rezoned for a mixture of multi-unit and single family developments. The original developer did not end up developing all the subareas as was contemplated when the 2004 zoning was completed. The applicant needs to modify the existing zoning to reflect existing development and to allow appropriate development on the remaining acreage. In addition the number of single family lots needs to be reduced due to the development patterns that has occurred on the subareas.
2. General Development Standards which shall apply to all Subareas:
1. Public or private utilities including private water lines may be extended under Preserve Boulevard to serve any subareas, if approved by the appropriate governmental agencies prior to issuance of zoning clearance.
2. The required traffic improvements shall be subject to the review and approval by the appropriate governmental agency and may be modified or changed by the appropriate governmental agency at the request of the Developer.
3. The open/green space areas are shown on the open/green space drawing.
4. The maximum number of dwelling units for the subject site (which is Subareas 2B and 4) is 630.
5. Upon submission of the site compliance plan which shows more than 268 dwelling units on the subject site in total, said site compliance plans shall also show an access point to Thompson Road for said units in excess of 268 dwelling units.
6. There is no parkland dedication fee required for this zoning.
SUBAREA 2B - 34.55 ±ACRES (L-AR-12)
Subarea 2B is located east of the Subarea 2A and south of Thompson Road.
2. PERMITTED USES: Multi-unit dwellings.
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of AR-12 shall apply to the multi-unit developments.
A. Density, Height, Lot and/or Setback Requirements
B. Access, Loading, Parking and/or Traffic Related Commitments
1. The applicant shall dedicate 30 feet from the centerline of Thompson Road when it develops the adjacent property.
2. Access to Thompson Road for Subarea 2B shall be subject to the review and approval by the Department of Public Service and if any turn lanes are warranted at the proposed access point to Thompson Road, then these turn lanes shall be designed to the specifications of the Department of Public Service and installed by the developer.
3. A pedestrian connection shall be provided to connect Subarea 2B to the existing multi-family residential development to the west. This pedestrian connection to the west shall be aligned with the private street named Skimmer Lane.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. A street tree planting shall be established along Thompson Road. Trees are to be a minimum of two and a half inch caliper and shall be spaced at a maximum distance of thirty five feet on center. Trees may be grouped, provided the quantity is equivalent to 1 tree per thirty five feet or fraction thereof. This requirement may be waived in areas where existing trees, minimum 3 inch caliper, exist and are shown on the submitted zoning clearance drawing and meet the quantity requirements of this item.
2. The trees within the 25 foot wide perimeter yard adjacent to the development known as Collingwood Pointe at the Preserve shall be maintained subject to the ability to remove dead and diseased trees. In the areas where there are gaps in the tree line within the perimeter yard, the developer shall install 5 trees (3 pines and 2 shade trees) for every 100 feet of gap in the tree line. The tree planting would not be required in the areas where the wetland preserves or the open/green space areas (as shown on the submitted drawing) are within the perimeter yard.
3. All property currently or hereafter subject to the Joint Parks District tax shall have the right to use the park contained in Subarea 5 of Zoning Case Z03-086 located on the west side of Rocky Fork Creek, north of Thompson Road.
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 and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the AR-12, Residential Districts. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
N/A
SUBAREA 4 - 28.52 ± ACRES (L-AR-12)
Subarea 4 is located east of Preserve Boulevard, and north of Morse Road.
2. PERMITTED USES: multi-unit dwellings
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of AR-12 shall apply to the multi-unit developments.
A. Density, Height, Lot and/or Setback Requirements
1. Building setback from Morse Road shall be 150 feet and the parking setback from Morse Road shall be 100 feet.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. At the time of development the developer shall dedicate to the City of Columbus 50 ft. right-of-way from the centerline of Morse Road and establish a 10 ft. wide utility easement along its Morse Road frontage adjacent to said 50 foot right-of-way dedication.
2. At the proposed access point on Morse Road, the developer of the multi-family site shall provide a temporary eastbound left turn lane which shall include an extended berm and taper, as approved by the Department of Public Service. Notwithstanding the previous sentence, if construction of the Morse Road widening project to provide a three-lane section is scheduled to occur within one year of a site compliance plan being approved that utilizes the proposed access point to Morse Road, an alternate means to mitigate the needs of traffic impacts of Morse Road access point may be permitted, as approved by the Department of Public Service. The cost of the alternate means shall not exceed the cost of the temporary turn lane.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. A street tree planting shall be established along Morse Road. Trees are to be a minimum of two and a half inch caliper and shall be spaced at a maximum distance of thirty five feet on center. Trees may be grouped, provided the quantity is equivalent to 1 tree per thirty five feet or fraction thereof. This requirement may be waived in areas where existing trees, minimum 3 inch caliper, exist and are shown on the submitted zoning clearance drawing and meet the quantity requirements of this item.
2. The trees within the 25 foot wide perimeter yard adjacent to the development known as Collingwood Pointe at the Preserve shall be maintained subject to the ability to remove dead and diseased trees. In the areas where there are gaps in the tree line within the perimeter yard, the developer shall install 5 trees (3 pines and 2 shade trees) for every 100 feet of gap in the tree line. The tree planting would not be required in the areas where the wetland preserves or the open/green space areas (as shown on the submitted drawing) are within the perimeter yard.
3. All property currently or hereafter subject to the Joint Parks District tax shall have the right to use the park contained in Subarea 5 of Zoning Case Z03-086 located on the west side of Rocky Fork Creek, north of Thompson Road.
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 and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the AR-12, Residential District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
N/A
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.