Explanation
REZONING APPLICATION: Z03-072
APPLICANT: Olympus Homes, Inc.; c/o Donald T. Plank, Atty.; Shuler, Plank and Braham, 145 East Rich Street, Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on November 13, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the L-AR-12, Limited Apartment Residential District to develop a total of 75 dwelling units in 15 ranch and townhouse style buildings. The limitation text addresses traffic issues, landscaping, Minimum Net Floor Area for Living Quarters for proposed ranch and townhouse units, and the site plan depicts site access, building locations and landscaping details. The site lies within Area J2 of the Far North Area Plan (1994), which recommends infill residential development that is compatible with existing residential development and supports fringe village development throughout the entire planning area.
Title
To rezone 1746 EAST POWELL ROAD (43219), being 12.55± acres located at the southeast corner of East Powell Road and South Old State Road, From: R, Rural District, To: L-AR-12, Limited Apartment Residential District (Z03-072) and to declare an emergency.
Body
WHEREAS, application #Z03-072 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.55± acres, From R, Rural District, To L-AR-12, Limited Apartment 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 it is immediately necessary to proceed with the permit process for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the requested L-AR-12, Limited Apartment Residential District to develop a total of 75 dwelling units in 15 ranch and townhouse style buildings is consistent with the Far North Area Plan (1994), which recommends infill residential development that is compatible with existing residential development and supports fringe village development throughout the entire planning area. The limitation text addresses traffic issues, landscaping, Minimum Net Floor Area for Living Quarters for proposed ranch and townhouse units, and the site plan depicts site access, building locations and landscaping details; 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:
1746 EAST POWELL ROAD (43219), being 12.55± acres located at the southeast corner of East Powell Road and South Old State Road, and being more particularly described as follows:
LEGAL DESCRIPTION, Z03-072, POWELL ROAD (12.545 ACRES)
Situated in the State of Ohio, County of Delaware, Township of Orange, located in Farm Lots 3 and 22, Sections 3 and 4, Township 3, Range 18, United States Military Lands, and being out of those tracts as conveyed to Coughlin Land Company, Ltd., by deed of record in Instrument Number 200100013984, Albert L. Coughlin, Jr. and Albert L. Coughlin, Sr. by deed of record In Deed Book 586, Page 625 all of Lot 205 of that subdivision entitled "Emerson Shuster" of record in Plat Book 7, Page 123, as conveyed to Coughlin Land Company Ltd by deed of record in Deed Book 616, Page 350, and Lots 206 and 207 of that subdivision entitled "Emerson Shuster" of record in Plat Book 7, Page 123, as conveyed to Coughlin Land Company, Ltd by deed of record in Official Record 67, Page 418 (all references refer to the records of the Recorder's Office, Delaware County, Ohio) and described as follows:
Beginning at a point in the existing City of Columbus Corporation line by Ordinance No. 1497-97 and of record in Cabinet 2, Slide 88, at the southeasterly corner of said Coughlin Land Company, Ltd. tract;
thence North 86° 38' 57' West, with the southerly line of said Coughlin Land Company, Ltd tract, a distance of 275.86 feet to the southerly corner of that tract as conveyed to said Albert L. Coughlin, Jr. and Albert L. Coughlin, Sr.;
thence North 86° 39' 50" West, with the southerly line of said Albert L. Coughlin, Sr. tract, a distance of 425.03 feet to a corner thereof;
thence North 17° 02' 03" East, with a westerly line of said Albert L. Coughlin, Jr. and Albert L. Coughlin, Sr. tract, a distance of 200.02 feet to a corner thereof;
thence North 86° 39' 50" West, with a southerly line of Albert L. Coughlin, Jr. and Albert L. Coughlin, Sr. tract, a distance of 213.11 feet to a point in the easterly right-of-way line of Old State Road;
thence North 17° 02' 03" East, a distance of 485.41 feet to a appoint in the southerly right-of-way line of Powell Road;
thence North 85° 28' 37" East, with said southerly right-of-way line, a distance of 602.19 feet to a point;
thence South 86° 44' 43" East, continuing with said southerly right-of-way line, a distance of 142.20 feet to the easterly line of said Coughlin Land Company, Ltd tract;
thence South 02° 00' 08" West, with the easterly line of said Coughlin Land Company, Ltd tract, a distance of 331.92 feet to a point in said existing City of Columbus Corporation Line;
thence South 02° 36' 58" West, continuing with said easterly line and said City of Columbus Corporation Line, a distance of 416.73 feet to the Point of Beginning, and containing 12.545 acre of land, more or less.
To Rezone From: R, Rural 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 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-AR-12, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled "POWELL ROAD CONDOMINIUMS, SITE/LANDSCAPE PLAN", and text titled, "DEVELOPMENT TEXT, L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT", both signed by Donald T. Plank, Attorney for the Applicant, and both dated November 20, 2003, and the text reading as follows:
DEVELOPMENT TEXT, L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
EXISTING DISTRICT: R, RURAL DISTRICT.
PROPOSED DISTRICT: L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT.
PROPERTY ADDRESS: 1746 EAST POWELL ROAD, COLUMBUS, OH 43235.
OWNER: COUGHLIN LAND COMPANY LTD. ET. AL. (3); C/O DONALD PLANK, ESQ., SHULER, PLANK & BRAHM; 145 EAST RICH STREET, COLUMBUS, OH 43215.
APPLICANT: OLYMPUS HOMES, INC; C/O DONALD PLANK, ESQ., SHULER, PLANK & BRAHM; 145 EAST RICH STREET, COLUMBUS, OH 43215.
DATE OF TEXT: NOVEMBER 20, 2003.
APPLICATION NUMBER: Z03-072.
INTRODUCTION:
The subject property is 12.545± acres located at the southeast corner of South Old State Road and East Powell Road. Applicant proposes to develop the site with a maximum of 75 condominium units for sale. The proposal is consistent with recommendations of the Far North Plan. The drawing titled "Powell Road Condominiums", hereinafter referred to as the Plan, dated November 20, 2003 and signed November 20, 2003 by Donald Plank, Attorney for Applicant, is hereby incorporated by reference as the development plan for this site, subject to final engineering.
1. PERMITTED USES: The following uses shall be permitted:
Attached condominiums as permitted in Section 3333.02, AR-12, Apartment Residential District Use, along with customary accessory uses and structures incidental to condominiums, as permitted in Chapter 3333, Apartment Residential Districts.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333, Apartment Residential Districts, of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
1. Density: A maximum of seventy-five (75) condominium units shall be permitted.
2. Height: Height District shall be H-35.
3. Setback: Building setback lines and perimeter yards shall be as depicted on the Plan.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Vehicular access to/from the site shall be as depicted on the Plan, including the Powell Road full turning movement access point and dual exit lanes for separate right and left turn lanes. An emergency services access drive shall be provided on the property to connect to the property to the south. The exact location of the emergency services access drive is subject to change based on final engineering and determination of the best location for access to the property to the south, but the emergency services access drive shall be no closer than twenty-five (25) feet to any adjacent property line and shall not be located in any perimeter yard other than crossing the south perimeter yard to provide emergency services access to the south.
2. Right of way totaling 60 feet from centerline and 40 feet from centerline along the frontage of the property shall be provided to the City of Columbus on South Old State Road and East Powell Road, respectively, or by right of way easement, as may be desired by the City of Columbus or the Delaware County Engineer.
3. The private streets shall be designed with a minimum width of 24 feet. Parking shall be permitted on one (1) side only, on the opposite side of fire hydrants. On street parking restrictions (one side only), shall be posted along the private streets.
4. Sidewalks to be placed along both East Powell Road and South Old State Road. The sidewalks may be placed in the East Powell Road and South Old State Road setbacks depicted on the plan.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Landscaping shall be provided as depicted on the Plan and includes:
a. Street trees shall be provided along both South Old State Road and East Powell Road frontage at the rate of one (1) tree per 35 lineal feet. Trees shall be approximately evenly spaced and placed at a uniform setback. The type of street tree shall be approved by the City Forester.
b. A mixture of deciduous shade trees, evergreen trees, shrubs, ground cover and grass shall be provided through out the site, as depicted on the Plan.
c. Plant material shall be the following minimum sizes at time of installation: Street trees - 2 ½ " caliper, Ornamental trees - 1 ½" caliper, Evergreen trees - 5 - 6 feet tall, shrubs - 2 gallon.
d. Plant material shall be maintained in a healthy condition. Dead or dying plant material shall be replaced in a timely manner, weather permitting.
2. Earthen mounding to a height of three (3) feet and a minimum slope of 3:1 may be placed, but is not required, on the site, including in perimeter setbacks.
3. Landscaping or other screening shall be placed around any low level ground mounted light fixtures to screen the fixtures.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building materials shall be traditional and natural in appearance and shall include brick and stone. No less than 35% of the exterior area, net of window and door area, of the condominium buildings, shall be brick or stone.
2. Condominium buildings shall be five (5) units each and shall consist of ranch-style condominium units on each end of the five (5) unit buildings and three (3) townhouse (two - story) condominium units between the end ranch-style units.
3. Minimum Dwelling Unit Size:
The Minimum Net Floor Area for Living Quarters, as defined in Section 3303.13, Letter M, of the Columbus Zoning Code, shall be 1,400 square feet per dwelling unit for the ranch units. Ranch units shall have a 700 square foot finished lower level in addition to the 1,400 square foot minimum area on the ground level. Townhouse units shall be a minimum of 1,300 square feet on the first and second floors. Every townhouse unit shall have a basement, which may be finished as a buyer option. Every condominium unit shall have an attached garage.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
2. The applicant intends that refuse collection shall be provided by private hauler and that all residents shall have a private refuse container. The applicant shall obtain a waiver for refuse collection by private hauler and the use of private refuse containers for residents from the Refuse Division prior to issuance of zoning clearance.
3. There shall be no pole-mounted lighting along the private streets. Lighting shall be provided by wall mounted fixtures, such as coach lights, attached to the condominium units. This provision shall not preclude condominium units from having a pole mounted yard light, such as adjacent to the sidewalk to the condominium unit, but the pole mounted light shall be no taller than eight (8) feet and shall be located adjacent to walks for access to condominium units. The pool area may have pole mounted lighting, but lighting shall be no higher than twelve (12) feet and shall use a lantern-style or cut-off style fixture.
4. Illumination, if any, of a ground sign or sign identifying the condominium development that is incorporated into an entrance feature shall only be in the form of low level ground mounted lighting placed to project light directly at the sign face. Landscaping or other means shall be used to screen ground mounted light fixtures.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the AR-12, Apartment Residential District. All signage shall be monument style or shall be incorporated into an entrance feature. Sign illumination, if any, shall only be in the form of low level ground mounted lighting projecting directly at the sign face. Any variance to the applicable sign requirements of the AR-12 District shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. The developer shall comply with applicable monetary payment requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. The site will be developed with condominium units. All condominium units shall have no more than two (2) bedrooms. Developer shall provide typical floor plans in conjunction with a request for a Certificate of Zoning Clearance to demonstrate compliance with two (2) bedrooms per condominium unit. Applicant shall record a condominium plat and Declaration of Restrictions and Covenants applicable to all condominium units and shall provide a copy of recorded condominium documents to the City of Columbus for placement in the Certificate of Zoning Clearance file as a record of compliance with the provisions of this section. The City of Columbus is not responsible for or a party to administration of any aspect of the condominium documents or condominium association.
3. No privacy fence shall be erected on or along the perimeter of the 12.545+ acre site. A privacy fence shall be defined as any opaque or substantially opaque fence exceeding three (3) feet in height. This provision shall not preclude decorative perimeter fencing, such as open board horse fence, split rail fence or similar open fence designs. This provision shall also not be interpreted to preclude individual privacy fencing around private patios/decks for individual condominium units.
4. Developer shall provide a paved area for children to wait for school district bus service. Applicant anticipates that the paved area will be in the vicinity of the entrance to the condominium development on East Powell Road, but the exact location and size of the paved area will be determined in consultation with school district personnel and shall be depicted on the site plan submitted for a Certificate of Zoning Clearance.
5. The Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application, including any and all specific site development standards contained in this ordinance.
6. The development depicted on the drawing titled "Powell Road Condominiums", dated November 20, 2003 and signed November 20, 2003 by Donald Plank, Attorney for Applicant, depicts the planned development of the site, subject to adjustment with final engineering. Patios depicted as "typical" on the Plan are indicated solely for graphical representation and are neither required nor is any specific commitment being made to location and size. Patio shall also mean "deck" and/or "screened porch".
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.