Explanation
Rezoning Application # Z05-056; 05335-000-00060
APPLICANT: West Leppert Investments, LLC; c/o Jeffrey Brown, Atty.; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential and commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on November 10, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-4, Planned Unit Development (28.1± acres) and TC, Town Center (2.3± acres) Districts are consistent with the Interim Hayden Run Corridor Plan (2004) and compatible with the development and zoning patterns of the area. The plan designates the majority of the site as Cluster Development which supports a maximum density of four dwelling units per acre, requires 30% of the site to be in the form of open space, and establishes a minimum natural buffer along Hayden Run. The proposed residential development permits a maximum of 104 units on 28.1± acres for a density of 3.7 dwelling units per acre, sets aside 32% of the site as open space, and dedicates a natural buffer along Hayden Run, 150 feet from the centerline, to the City of Columbus. The PUD also specifies setbacks, landscaping, sidewalks, and underground electric lines.
Title
To rezone 4815 LEPPERT ROAD (43026), being 30.4± acres located at the southwest corner of Leppert and Hayden Run Roads, From: R, Rural District, To: PUD-4, Planned Unit Development and TC, Town Center Districts and to declare an emergency. (Rezoning # Z05-056) (AMENDED BY ORD. 1069-2008 PASSED 7/21/2008)
Body
WHEREAS, application #Z05-056 is on file with the Building Services Division of the Department of Development requesting rezoning of 30.4± acres From: R, Rural District, To: PUD-4, Planned Unit Development and TC, Town Center Districts; 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 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; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested PUD-4, Planned Unit Development (28.1± acres) and TC, Town Center (2.3± acres) Districts are consistent with the Interim Hayden Run Corridor Plan (2004) and compatible with the development and zoning patterns of the area. The plan designates the majority of the site as Cluster Development which supports a maximum density of four dwelling units per acre, requires 30% of the site to be in the form of open space, and establishes a minimum natural buffer along Hayden Run. The proposed residential development permits a maximum of 104 units on 28.1± acres for a density of 3.7 dwelling units per acre, sets aside 32% of the site as open space, and dedicates a natural buffer along Hayden Run, 150 feet from the centerline, to the City of Columbus. The PUD also specifies setbacks, landscaping, sidewalks, and underground electric lines, 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:
4815 LEPPERT ROAD (43026), being 30.4± acres located at the southwest corner of Leppert and Hayden Run Roads, From: R, Rural District, To: PUD-4, Planned Unit Development and TC, Town Center Districts, and being more particularly described as follows:
ZONING DESCRIPTION - PUD-4
28.097 ACRES
Situated in the State of Ohio, County of Franklin, Township of Washington, Virginia Military Survey No. 6366, being a part of the 4.800 acre tract conveyed to Huntington Tower Associates by deed of record in Instrument Number 200502040022139, and the 36.030 acre tract conveyed to West Leppert Investments, LLC by deed of record in Instrument Number 200507180140634, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING in the westerly right-of-way line of Leppert Road, at the common corner of said 36.030 acre tract, the 8.691 acre tract conveyed to Frederick M. and Mary E. Crow by deed of record in Official Record 14245 C10, the 0.5510 acre tract conveyed as Parcel 22WD1 to Franklin County Commissioners by deed of record in Official Record 19229 H19, and the 0.252 acre tract conveyed to Franklin County Commissioners by deed of record in Deed Book 3322, Page 36;
Thence South 84° 07' 18" West, a distance of 751.88 feet, with the southerly line of said 36.030 acre tract, to a point;
Thence across said 36.030 acre tract, the following courses and distances:
North 42° 09' 54" West, a distance of 78.75 feet, to a point;
North 62° 54' 35" West, a distance of 64.83 feet, to a point;
North 86° 03' 21" West, a distance of 39.02 feet, to a point;
North 65° 39' 48" West, a distance of 61.87 feet, to a point;
North 69° 44' 53" West, a distance of 120.17 feet, to a point;
North 39° 48' 43" West, a distance of 94.33 feet, to a point;
North 08° 44' 54" West, a distance of 70.60 feet, to a point;
North 05° 42' 42" East, a distance of 121.37 feet, to a point;
North 36° 26' 14" West, a distance of 70.05 feet, to a point;
North 11° 43' 39" West, a distance of 145.27 feet, to a point;
North 32° 44' 30" East, a distance of 67.00 feet, to a point;
North 64° 26' 40" East, a distance of 34.22 feet, to a point;
North 29° 12' 12" East, a distance of 52.27 feet, to a point;
North 05° 30' 24" East, a distance of 111.89 feet, to a point;
North 08° 58' 33" West, a distance of 25.81 feet, to a point;
North 56° 43' 53" West, a distance of 51.37 feet, to a point;
North 36° 40' 51" West, a distance of 78.64 feet, to a point;
North 56° 45' 32" West, a distance of 135.01 feet, to a point in a northerly line of said 36.030 acre tract;
Thence North 84° 03' 04" East, a distance of 416.89 feet, with said northerly line, to a point;
Thence North 23° 06' 04" East, a distance of 554.40 feet, with a westerly line of said 36.030 acre tract, to a point in the southerly right-of-way line of Hayden Run Road;
Thence South 50° 53' 49" East, a distance of 192.69 feet, with a northerly line of said 36.030 acre tract, and said southerly right-of-way line, to a point;
Thence South 49° 24' 28" East, a distance of 393.07 feet, continuing with said northerly line and said southerly right-of-way line, to a point;
Thence South 40° 35' 32" West, a distance of 325.57 feet, across said 36.030 and 4.800 acre tracts, to a point;
Thence continuing across said 4.800 acre tract, the following courses and distances:
South 49° 24' 28" East, a distance of 291.84 feet, to a point;
South 83° 32' 52" East, a distance of 130.80 feet, to a point in the westerly right-of-way line of said Leppert Road;
Thence South 06° 41' 17" East, a distance of 689.89 feet, with the easterly lines of said 4.800 and 36.030 acre tracts, and said westerly right-of-way line, to the POINT OF BEGINNING, containing 28.097 acres of land, more or less.
This description was prepared using documents of record, is for zoning purposes only, and is not to be used for deed transfer.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
To Rezone From: R, Rural District,
To: PUD-4, Planned Unit Development District
ZONING DESCRIPTION - TC
2.311 ACRES
Situated in the State of Ohio, County of Franklin, Township of Washington, Virginia Military Survey No. 6366, being a part of the 4.800 acre tract conveyed to Huntington Tower Associates by deed of record in Instrument Number 200502040022139, and the 36.030 acre tract conveyed to West Leppert Investments, LLC by deed of record in Instrument Number 200507180140634, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING in the westerly line of the 0.1298 acre tract conveyed as Parcel 24WD1 to Franklin County Commissioners by deed of record in Official Record 19678 A01, at a common corner of said 4.800 and 36.030 acre tracts;
Thence South 06° 41' 17" East, a distance of 142.61 feet, with the line common to said 4.800 and 0.1298 acre tracts, to a point on a curve in the westerly right-of-way line of Leppert Road;
Thence with the arc of said curve to the left, having a central angle of 18° 43' 17", a radius of 300.00 feet, an arc length of 98.03 feet, and a chord which bears South 17° 30' 29" West, a chord distance of 97.59 feet, with the easterly line of said 4.800 acre tract, and said westerly right-of-way line, to a point;
Thence South 06° 41' 17" East, a distance of 78.57 feet, continuing with said easterly line and said westerly right-of-way line, to a point;
Thence across said 4.800 and 36.030 acre tracts, the following courses and distances:
North 83° 32' 52" West, a distance of 130.80 feet, to a point;
North 49° 24' 28" West, a distance of 291.84 feet, to a point;
North 40° 35' 32" East, a distance of 325.57 feet, to a point in the southerly right-of-way line of Hayden Run Road;
Thence South 49° 24' 28" East, a distance of 184.60 feet, with the northerly line of said 36.030 acre tract, and said southerly right-of-way line, to a point on a curve at a northeasterly corner of said 36.030 acre tract;
Thence with the arc of said curve to the right, having a central angle of 05° 35' 13", a radius of 197.15 feet, and arc length of 19.22 feet, and a chord which bears South 09° 28' 29" East, a chord distance of 19.22 feet, with an easterly line of said 36.030 acre tract, to the POINT OF BEGINNING, containing 2.311 acres of land, more or less.
This description was prepared using documents of record, is for zoning purposes only, and is not to be used for deed transfer.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
To Rezone From: R, Rural District,
To: TC, Town Center District
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the PUD-4, Planned Unit Development and TC, Town 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 PUD-4, Planned Unit Development and TC, Town Center Districts and Application among the records of the Building Services Division as required by Sections 3311.09 and 3320.13, respectively, of the Columbus City Codes, said PUD-4 plan being titled, "DEVELOPMENT PLAN FOR KRAMER TRACT," signed on May 8, 2006 by Jeffrey L. Brown, attorney for the Applicant and said TC plans being titled "ZONING DISTRICTS," "NATURAL FEATURES PLAN," "CIVIC SPACES," "THOROUGHFARE PLAN," "REGIONAL MAP," and TND statement of principles titled, "Z05-056, 4815 LEPPERT ROAD, Statement Addressing TND Principles," all signed on February 2, 2006 by Jeffrey L. Brown, attorney for the Applicant, and the PUD-4 text reading as follows:
PUD NOTES:
1. THE BUILDING FOOTPRINTS AND THE STREET ALIGNMENTS SHALL BE DEVELOPED AS SHOWN ON THIS PLAN, HOWEVER THEY ARE SUBJECT TO REFINEMENT AND MAY BE ADJUSTED TO REFLECT ENGINEERING, TOPOGRAPHICAL, MARKET DEMAND OR OTHER SITE DATA ESTABLISHED AT THE TIME OF DEVELOPMENT AND ENGINEERING PLANS ARE COMPLETED. THE DIRECTOR OF THE DEPARTMENT OF DEVELOPMENT OR THE DIRECTOR'S DESIGNEE MAY APPROVE ADJUSTMENTS TO THE STREET ALIGNMENT UPON SUBMISSION OF THE APPROPRIATE DATA REGARDING THE PROPOSED ADJUSTMENT.
2. HOMES MAY BE USED AS MODEL HOMES FOR THE PURPOSE OF MARKETING AND SALES. A MANUFACTURED MODULAR BUILDING OR A MODEL HOME MAY BE USED AS A SALES OFFICE DURING THE DEVELOPMENT OF THE PROJECT AND THE CONSTRUCTION OF HOMES THEREIN.
3. THE DEVELOPER SHALL INSTALL TWO TREES PER DWELLING UNIT. STREET TREES SHALL BE INSTALLED AT REGULAR INTERVALS. STREET TREES SHALL BE 2.5" CALIPER MINIMUM AND SPECIES SHALL NOT BE MIXED ON INDIVIDUAL STREETS.
4. DEVELOPER SHALL INSTALL DECORATIVE STREET LAMPS AT REGULAR INTERVALS SIMILAR TO CITY OF COLUMBUS STANDARD SPACING.
5. MINIMUM SEPARATION BETWEEN BUILDINGS SHALL BE AT LEAST 10 FEET UNLESS VARIED PURSUANT TO NOTE 7 BELOW.
6. THOSE AREAS ALONG HAYDEN RUN AND LEPPERT ROADS SHALL HAVE A LANDSCAPE BUFFER INSTALLED BY THE DEVELOPER WITH A MINIMUM OF ONE DECIDUOUS SHADE TREE, TWO ORNAMENTAL TREES AND FOUR EVERGREEN TREES PER ONE HUNDRED LINEAL FEET.
7. ALL DWELLING UNITS HAVE ATTACHED TWO CAR GARAGES.
8. FIVE FOOT WIDE SIDEWALKS SHALL BE INSTALLED ALONG THE SOUTH SIDE OF HAYDEN RUN ROAD AND THE WEST SIDE OF LEPPERT ROAD.
9. THE DEVELOPER AGREES TO PROVIDE ADDITIONAL RIGHT-OF-WAY, BEYOND THE CURRENT THOROUGHFARE PLAN REQUIREMENTS, FOR HAYDEN RUN ROAD AND LEPPERT ROAD, IF DEEMED NECESSARY BY THE TRANSPORTATION DIVISION, AS A RESULT OF THE ON GOING TRAFFIC STUDIES.
10. STACKED PARKING WITHIN THE DRIVEWAYS OF THE DWELLING UNITS, IN FRONT OF THE GARAGE OF EACH UNIT, IS PERMITTED, SUBJECT TO THE GARAGE DOOR BEING NO LESS THAN EIGHTEEN (18) FEET FROM THE ROADWAY EDGE.
11. PARKING:
a. PARKING SHALL BE CONTROLLED BY APPROPRIATE SIGNAGE DISPLAYED WITHIN THE DEVELOPMENT. PARKING SHALL BE LIMITED TO ONE SIDE OF THE STREET IF SAID STREET IS LESS THAN 26 FEET IN WIDTH OR BOTH SIDES OF THE STREET IF SAID STREET IS 26 FEET OR WIDER. NO PARKING SHALL BE PERMITTED ON EITHER SIDE OF ANY STREET WITHIN 25 FEET OF STREET INTERSECTIONS. FIRE HYDRANTS SHALL BE LOCATED ON THE SIDE OF THE STREET WHERE NO PARKING IS PERMITTED. ENFORCEMENT BY THE CONDOMINIUM/ HOMEOWNER ASSOCIATION SHALL BE ESTABLISHED BY THE RULES AND REGULATIONS OF THE CONDOMINIUM/ HOMEOWNER ASSOCIATION. THE FINAL DESIGN/LAYOUT OF ALL ONSITE PARKING IS SUBJECT TO REVIEW AND APPROVAL OF THE TRANSPORTATION DIVISION.
b. THE OWNER, DEVELOPER AND OR THE CONDOMINIUM/HOMEOWNER ASSOCIATION MUST ESTABLISH AND MAINTAIN AN AGREEMENT(S) WITH PRIVATE TOWING COMPANY(S), WHICH AGREEMENTS AUTHORIZE THE PRIVATE TOWING COMPANY(S) TO REMOVE/TOW ANY VEHICLES PARKING IN RESTRICTED AREAS. THERE MAY BE ONE OR MORE SUCH AGREEMENTS WITH ONE OR MORE TOWING COMPANY(S), FOR ANY TIMES/ LENGTHS, TERMS, ETC., AS THE ASSOCIATION DETERMINES, SO LONG AS AT LEAST ONE SUCH AGREEMENT SHALL ALWAYS AT ALL TIMES BE IN FORCE FOR THE PURPOSES OF ENFORCEMENT/ REMOVAL/ TOWING, AS REQUIRED ABOVE. TOWING AGREEMENTS SHALL BE FILED WITH THE CITY OF COLUMBUS DIVISION OF FIRE, FIRE PREVENTION BUREAU, UPON EXECUTION OF SAID AGREEMENT(S).
c. PARKING IS NOT TO BE ALLOWED ANYWHERE BUT IN GARAGES, ON STREETS AS SET FORTH IN NOTES 12.A, ABOVE, AND IN DRIVEWAYS WHERE APPLICABLE. IN CONJUNCTION WITH NOTE 12.A, ABOVE, THE OWNER, DEVELOPER, THEIR SUCCESSORS AND ASSIGNS (INCLUDING THE CONDOMINIUM/HOMEOWNER ASSOCIATION) MUST PROVIDE AND MAINTAIN ADEQUATE AND PROPER SIGNAGE TO DESIGNATE ALL NO-PARKING ZONES.
d. SIGNAGE REGULATING PARKING SHALL BE INSTALLED CONSISTENT WITH CITY SIGNAGE REQUIREMENTS FOR PRIVATE STREETS, AND PARKING REQUIREMENTS SHALL BE ENFORCED THROUGH AN AGREEMENT BETWEEN THE CONDOMINIUM/HOMEOWNER ASSOCIATION AND A PRIVATE TOWING COMPANY. SUCH AGREEMENT, TOGETHER WITH THE ASSOCIATION'S GOVERNING DOCUMENTS, SHALL BE FILED WITH THE CITY CONSISTENT WITH COLUMBUS CITY CODE §3320.15(A) (6).
e. THE OWNER, DEVELOPER, OR THE CONDOMINIUM/HOMEOWNER ASSOCIATION, AS APPLICABLE, SHALL DESIGNATE THE CITY OF COLUMBUS AS AN AUTHORIZED AGENT FOR THE SOLE AND SPECIFIC PURPOSES OF ENFORCEMENT OF PARKING RESTRICTIONS AND THE ISSUANCE OF CITATIONS AND OR REMOVAL OF VEHICLES PARKED IN VIOLATION OF POSTED PARKING RESTRICTIONS ON PRIVATE STREETS OR ALLEYS.
f. INTERSECTION DETAILS CONCERNING TURNING RADII, PARKING RESTRICTIONS AND INTERSECTION CONFIGURATIONS SHALL CONFORM TO THE FIRE VEHICLE ACCESS PLAN.
12. ANCILLARY GRADING WITHIN THE PROPOSED 4.5± ACRE OPEN SPACE FOR THE RESIDENTIAL UNITS AND UTILITIES SHALL BE PERMITTED ONLY AT BUILDINGS X, Y & Z. ALL NECESSARY STORM SEWER OUTLETS SHALL BE PERMITTED WITHIN THE 4.5± ACRE OPEN SPACE. THE GRADING WILL BE LIMITED TO THE GREATEST EXTENT POSSIBLE IN FULFILLING THE INTENT OF THIS DEVELOPMENT PLAN AND SHALL BE APPROVED BY THE CITY OF COLUMBUS WITH AN APPROVED RESTORATION PLAN PRIOR TO DISTURBANCE.
13. THE 150' OPEN SPACE BUFFER WILL BE DEDICATED TO THE CITY OF COLUMBUS FOR PARKLAND ALONG HAYDEN RUN. PROPERTY MARKERS WILL BE LOCATED EVERY 100' OR AT CHANGES OF DIRECTION.
14. ELECTRIC SERVICE WITHIN THE DEVELOPMENT WILL BE UNDERGROUND EXCEPT FOR TRANSFORMERS OR ANY OTHER STRUCTURES NECESSARY TO SERVICE THE DEVELOPMENT.
15. RETENTION POND(S) ARE ALLOWABLE WITHIN THE 150' OPEN SPACE BUFFER FOR HAYDEN RUN AS SHOWN HEREON. SAID POND(S) SHALL BE SUBJECT TO LANDSCAPING AROUND THE PERIMETER OF THE POND(S) SUBJECT TO REVIEW AND APPROVAL FROM CITY OF COLUMBUS RECREATION AND PARKS. ONE 1-1/2" CALIPER (MIN.) TREE PER 900 SQ. FT. OF DISTURBANCE AND A WILDFLOWER MIX SHALL BE INCLUDED IN THE LANDSCAPING AROUND THE POND(S).
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.