Explanation
Rezoning Application Z07-045
APPLICANT: Wallick Asset Management LLC; c/o Jackson B. Reynolds III, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Senior Housing development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-1) on January 10, 2008.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This rezoning will permit residential developement at a density of approximately 8.2 dwelling units per acre. This application is inconsistent with land use recommendations of the recently updated Northeast Area Plan (2007). The proposal represents a substantial increase in the Plan's proposed density limit of four dwelling units per acre and exceeds the 6.92 dwelling units per acre Staff supported on the site in 2004. Per the Northeast Area Plan (2007); the intersection of Sunbury and McCutcheon Roads is not planned to be neighborhood center so development of new retail uses that seniors could walk to is unlikely. There is one undeveloped property in the vicinity that is zoned for office use, however that would be of limited use to seniors. Furthermore there are no sidewalks in the area and the applicants cannot link this site with the undeveloped office site until sidewalks are installed along other properties that they do not control. Based on these factors and despite the improvements made by the applicant, Staff finds this to be an inappropriate location for senior housing.
Title
To rezone 3546 SUNBURY ROAD (43219), being 8.3± acres located on the east side of Sunbury Road, 360± feet south of McCutcheon Road. From: R, Rural District To: L-I, Limited Institutional District. (Rezoning # Z07-045).
Body
WHEREAS, application #Z07-045 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.3± acres from R, Rural District, to L-I, Limited Institutional District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the North East Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because this application is inconsistent with land use recommendations of the recently updated Northeast Area Plan (2007). The proposal represents a substantial increase in the Plan's proposed density limit of four dwelling units per acre and exceeds the 6.92 dwelling units per acre Staff supported on the site in 2004. Per the Northeast Area Plan (2007); the intersection of Sunbury and McCutcheon Roads is not planned to be neighborhood center so development of new retail uses that seniors could walk to is unlikely. There is one undeveloped property in the vicinity that is zoned for office use, however that would be of limited use to seniors. Furthermore there are no sidewalks in the area and the applicants cannot link this site with the undeveloped office site until sidewalks are installed along other properties that they do not control. Based on these factors and despite the improvements made by the applicant, Staff finds this to be an inappropriate location for senior housing; 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:
3546 SUNBURY ROAD (43219), being 8.3± acres located on the east side of Sunbury Road, 360± feet south of McCutcheon Road and being more particularly described as follows:
DESCRIPTION OF A 8.283 ACRE TRACT OWNED BY
PERFORMANCE LAND DEVELOPMENT
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situated in Quarter Township 2, Township 1, Range 17, United States Military Lands, City of Columbus, County of Franklin, State of Ohio, and being a 8.283 acre tract, comprised of the entirety of that 7.219 acre Parcel One identified as Auditors Parcel No. 010-143594 and 010-010545, that 0.288 acre Parcel Two identified as Auditors Parcel No. 010-010567, and that 0.780 acre Parcel Three identified as Auditors Parcel No. 010-143592, being owned by Performance Land Development Company, of record in Instrument Number 200502100025344. (all references to records being on file in the Office of the Recorder, Franklin County, Ohio), said 8.283 acre tract and being further described as follows:
The Point of Reference being a solid iron bar found at the centerline of the intersection of Sunbury Road with McCutcheon Road, Thence from said Point of Reference, South 85°15'30" East, along the centerline of McCutcheon Road, a distance of 850.41 feet to a solid iron bar found at the True Place of Beginning of the herein described 8.283 acre tract, being the northeasterly corner of a 0.608 acre tract of land owned by Stephen R. Grill, of record in O.R.V. 33178 H-04, being the northwesterly corner of said 0.288 acre Tract Two,
Thence South 85°15'30" East , along the centerline of McCutcheon Road, being the northerly lines of said Parcel Two, and Parcel One, a distance of 60.01 feet to a solid iron bar found at the northeasterly corner of said Parcel One, being the northwesterly corner of a 5.637 acre tract of land owned by Columbus & Southern Ohio Electric Co., of record in Deed Volume 3413, Page 885,
Thence South 03°56'35" West , along the easterly line of said Parcel One, being the westerly line of said 5.637 acre tract, a distance of 721.43 feet to an iron pin found, being the southeasterly corner of said Parcel One, the southwesterly corner of said 5.637 acre tract, and being in the northerly line of Lot #71 of "EASTVIEW ESTATES SECTION 2", of record in Plat Book 100, Page 10, passing an iron pin found at a distance of 25.00 feet, 0.26 feet left of line;
Thence North 85°39'38" West , along the southerly line of said Parcel One, and the southerly line of said Parcel Three, being the northerly lines of Lots 71-61, of said "EASTVIEW ESTATES SECTION 2", a distance of 930.60 feet to a solid iron bar found in the centerline of Sunbury Road, being the southwesterly corner of said Parcel Three;
Thence North 05°32'15" East , along the centerline of Sunbury Road, being the westerly line of said Parcel Three, and Parcel One, a distance of 369.68 feet to a point;
Thence South 85°17'52" East , along the northerly line of said Parcel One, being the southerly line of a 1.120 acre tract of land owned by Ruben K. Kagwe, or record in Instrument #200411050255855, the southerly line of a 1.724 acre tract of land owned by Mary J. Sims, a 0.896 acre tract of land owned by Stiles F. Patterson, of record in O.R.V. 24890 J-15, and a 0.896 acre, and a 0.608 tract owned by Stephen R. Grill, of record in O.R.V. 33178 H-04, a distance of 860.37 feet to an iron pin found at the southeasterly corner of said 0.608 acre tract, being the southwesterly corner of said Parcel Two;
Thence North 03°56'35" East , along the easterly line of said 0.608 acre tract, being the westerly line of said Parcel Two, a distance of 357.69 feet to said True Place of Beginning, and containing 8.283 acres, and passing an iron pin found at a distance of 332.74 feet, 0.20 feet right of line.
For the purpose of this exhibit, a bearing of South 85°15'30" East was used on the centerline of McCutcheon Road, being the northerly line of a portion of that 7.219 acre Parcel One, of record in Instrument # 200502100025344, owned by Performance Land Development Company on file in the Office of the Recorder, Franklin County, Ohio.
To Rezone From: from R, Rural District,
To: L-I, Limited Institutional District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-I, Limited Institutional 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-I, Limited Institutional 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, "SUNBURY ROAD APARTMENTS," signed by Jackson B. Reynolds III, Attorney for the Applicant, dated January 24, 2008, and said text being titled, "LIMITATION TEXT," signed by Jackson B. Reynolds III, Attorney for the Applicant, dated October 2, 2007, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-I, Limited Institutional District
PROPERTY ADDRESS: 3546 Sunbury Road
OWNER: Performance Land Development LLC
APPLICANT: Wallick Asset Management LLC
DATE OF TEXT: 10/2/07
APPLICATION NUMBER: Z07-045
1. INTRODUCTION: The proposed development represents an opportunity to provide an additional form of residential housing in the Northeast area.
2. PERMITTED USES: The following uses in Section 3349.03, I of the Columbus City Code are permitted, all others not listed are prohibited:
A. Housing for the Elderly
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3349 of the Columbus City Code
A. Density, Lot, and/or Setback Commitments.
1. The rear yard setback shall be 50 feet for both parking and buildings.
2. The maximum permitted density shall be 68 dwelling units.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
2. A sidewalk will be extended from the subject site in a southern direction along Sunbury Road, (within the existing right-of-way) and shall terminate at the intersection of Benchmark Drive and Sunbury Road.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be planted evenly spaced along Sunbury Road at a ratio of one tree per thirty (30) feet of frontage.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
3. All trees meet the following minimum size at the time of planting:
Shade trees 2 ½" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
4. The developer shall install one tree for every ten parking spaces. These trees may be planted any where on the site except for the required yards.
5. Each building shall have at least the following amount of landscaping installed around each building: two trees and six shrubs.
6. Along the northern and southern property line a natural screening consisting of native deciduous and evergreen species shall be planted or maintained to provide a landscape buffer. Dead trees shall be replaced as soon as possible to maintain the buffering opacity provided by the natural vegetation. A snow fence shall be installed during construction to protect the existing tree lines on the north and south sides of property.
7. A mound, wall, natural screening or board on board fence shall be installed on the eastern property line to provide an opaque buffer to the property to the east.
8. Any above ground utility service boxes shall be screened from view with evergreen shrubbery or bushes or other planting to provide screening.
9. Headlight screening shall be provided in front of parking spaces where there is potential for light emission into neighboring properties. The screening shall be at least 36" in height and can be bushes, shrubs, fencing, mounding or a wall, slightly or in combination to provide the necessary buffering.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building material: at least 20% of exterior facade other than windows and egress openings shall be brick; the balance of the facade may be hardy plank, wood, brick, vinyl or stucco.
2. The buildings shall not exceed 35' in overall height.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
2. Light poles in the parking light shall not exceed 12 feet in height and shall use cut off lighting fixtures that are directed away from the residential which is located to the north and south.
3. Any trash dumpsters shall be enclosed by a six foot (6') high wall on three (3) sides constructed of materials consistent with those used on the buildings found within the complex.
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the Institutional zoning classification and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The developer shall install a sidewalk along Sunbury Road frontage . The developer shall install an internal sidewalk from the nearest parking area to the public sidewalk along Sunbury Road.
2. The developer shall make the necessary parkland dedication payment to the Division of Recreation and Parks as required in Section 3318.09 of the Columbus City Codes.
3. The proposed retention shall conform to all applicable City of Columbus stormwater regulations and its location shall be in ground compliance with that shown on the site plan but may move slightly to provide an aesthetic feature next to the community house and a fountain may be placed in the pond to help circulate the water and provide an additional feature as an entry to the complex.
4. The site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of development or when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.