Explanation
Rezoning Application: Z25-009
APPLICANT: EC New Vision Ohio, LLC; c/o Michael Shannon, Atty.; 8000 Walton Parkway, Suite 120, New Albany, OH 43054.
PROPOSED USE: Single-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 8, 2025.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of five parcels, two of which are developed with single-unit dwellings and three of which are undeveloped, all in the R-Rural District. The requestedPUD-4, Planned Unit Development District will allow for the development of 106 single-unit dwellings in a platted subdivision on private streets in Subarea A, and the R-1, Residential District in will retain the existing single-unit dwellings in Subareas B and C. The PUD text includes use restrictions, supplemental development standards addressing density, lot size, setbacks, yards, access, interconnectivity, buffering, landscaping, screening, open space, and building design, and includes a commitment to develop the site in accordance with the submitted site plan and building elevations. A concurrent Council variance (Ordinance #1486-2025; CV25-020) is included for Subareas B and C to allow the existing single unit dwellings and one additional lot in Subarea B that do not front upon public streets. The site is not within the boundaries of an adopted land use plan; however, it is subject to early adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The proposal is consistent with surrounding uses, C2P2 Design Guidelines, and the City’s objective of creating more housing in all areas on the city.
Title
To rezone 7444 CUBBAGE RD. (43081), being 34.00± acres located on the east side of Cubbage Road 2,400± feet north of Central College Road, From: R, Rural District, To: PUD-4, Planned Unit Development District and R-1, Residential District (Rezoning #Z25-009); and to declare an emergency.
Body
WHEREAS, application #Z25-009 is on file with the Department of Building and Zoning Services requesting rezoning of 34± acres from R, Rural District, to PUD-4, Planned Unit Development District and R-1, Residential 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 requested PUD-4, Planned Unit Development and R-1, Residential districts will allow a compatible residential development that is consistent with surrounding uses, C2P2 Design Guidelines, and the City’s objective of creating more housing in all areas on the city, and the requested will retain two existing single-unit dwellings; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to of the urgency of housing delivery, alignment of public infrastructure, and safeguarding of public safety and planning coordination constitute both an immediate necessity and a well-founded public purpose, 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 #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
7444 CUBBAGE RD. (43081), being 34.00± acres located on the east side of Cubbage Road 2,400± feet north of Central College Road, and being more particularly described as follows:
SUBAREA A - 29.9 +/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Farm Lot 23, Section 1, Township 2, Range 17, United States Military Lands, being a part of a 5.17 acre tract (PID 600-318727) as conveyed to Jon-David Charlton and Jodi M. Charlton, of record in Instrument Number 201411040146346, a part of a 16.605 acre tract (PID 600-318728) as conveyed to Ciminello Land Co. LLC, of record in Instrument 202305180048596, a part of a 30.657 acre tract (Original) (PID 600-318726) as conveyed to Earl T. Yeager and Stephanie Yeager, of record in Deed Book 2553, Page J05, all of a 5.010 acre tract (Original) (PID 600-318729) as conveyed to Ciminello Land Co. LLC, of record in Instrument Number 202307100067167, and all of a 1.004 acre tract (PID 110-006075) as conveyed to Ciminello Land Co. LLC, of record in Instrument Number 202404020031188, of all document references are to the records the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at the northeasterly corner of said 30.657 acre tract,;
Thence South 3°08’30” West, with the easterly line of said 30.657 acre tract, a distance of 254.51 feet to the northeasterly corner of said 16.605 acre tract;
Thence South 3°01’45” West, with the easterly line of said 16.605 acre tract, a distance of 960.31 feet to a corner thereof;
Thence North 86°21’32” West, with the southerly line of said 16.605 acre tract, a distance of 50.91 feet to a corner thereof and the northeasterly corner of said 5.17 acre tract;
Thence South 3°38’04” West, with the easterly line of said 5.17 acre tract, a distance of 381.22 feet to the southeasterly corner of said 5.17 acre tract;
Thence North 86°11’34” West, with the southerly line of said 5.17 acre tract, a distance of 391.66 feet to a point;
Thence North 2°55’19” East, through said 5.17 acre tract and 16.605 acre tract, a distance of 401.42 feet to a point;
Thence through said 16.605 acre tract the following courses:
North 88°15’53” West, a distance of 195.21 feet to a point;
South 2°55’19” West, a distance of 14.82 feet to the northwesterly corner of said 5.17 acre tract;
Thence North 86°21’32” West, with the southerly line of said 16.605 acre tract, a distance of 255.58 feet to the southwesterly corner thereof;
Thence with the westerly lines of 16.605 acre tract, the following courses:
North 0°39’25” East, a distance of 467.65 feet to corner thereof, being the northeasterly corner of a 0.918 acre tract as conveyed to Deanna Lynn Lowder and Daniel Richer Lowder, of record in Instrument Number 199903310080016;
North 87°43’17” West, a distance of 66.08 feet to the southeasterly corner of a 1.180 acre tract as conveyed to Terry A. Snyder and Cherry J. Snyder, of record in Deed Book 7480, Page D04;
North 3°11’02” East, a distance of 300.67 feet to the northeasterly corner of a 1.172 acre tract as conveyed to Amy B. Tincher, of record in Instrument Number 202009250145263;
North 87°44’59” West, a distance of 340.43 feet to the northwesterly corner of said 1.172 acre tract and a southwesterly corner of said 16.605 acre tract;
North 3°11’52” East, a distance of 55.02 feet to the northwesterly corner thereof;
Thence North 3°43’35” East, with the westerly line of said 30.657 acre tract, said 1.004 acre tract and said 5.010 acre tract, a distance of 260.70 feet to the southwesterly corner of a 1.004 acre tract as conveyed to David and Rachel Penny, of record in Instrument Number 202105060081441;
Thence South 87°03’43” East, with the southerly line of said 1.004 acre tract, a distance of 350.00 feet to the southeasterly corner thereof;
Thence North 3°43’35” East, with the easterly line of said 1.004 acre tract, a distance of 125.01 feet to the northeasterly corner of said 1.004 acre tract;
Thence South 87°03’43” East, with the northerly line of said 5.010 acre tract and said 30.657 acre tract, a distance of 526.08 feet to a point;
Thence through said 30.657 acre tract the following courses:
South 2°08’45” West, a distance of 146.80 feet to a point on a non-tangent curve;
With a curve to the right having a radius of 63.50 feet, an arc length of 65.74 feet, a central angle of 59°19’15”, a chord bearing and a distance of South 26°44’19” East for 62.85 feet to a point of tangency;
South 2°55’19” West, a distance of 206.50 feet to a point of curvature;
With a curve to the left having a radius of 24.50 feet, an arc length of 38.48 feet, a central angle of 90°00’00”, a chord bearing and a distance of South 42°04’41” East for 34.65 feet to a point of tangency;
South 87°02’53” East, a distance of 245.99 feet to a point;
North 2°54’04” East, a distance of 234.61 feet to a point of curvature;
With a curve to the left having a radius of 61.50 feet, an arc length of 69.76 feet, a central angle of 64°59’45”, a chord bearing and a distance of North 29°32’37” West for 66.08 feet to a point of reverse curvature;
With a curve to the right having a radius of 48.50 feet, an arc length of 134.70 feet, a central angle of 159°07’31”, a chord bearing and a distance of North 17°31’24” East for 95.39 feet to a point;
North 2°55’19” East, a distance of 25.27 feet to a point in the northerly line of said 30.657 acre tract;
Thence South 87°03’43” East, with said southerly line, a distance of 175.00 feet to the POINT OF BEGINNING containing 29.9 +/- acres, more or less.
To Rezone From: R, Rural District,
To: PUD-4, Planned Unit Development District.
SUBAREA B - 2.3 +/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Farm Lot 23, Section 1, Township 2, Range 17, United States Military Lands, being a part of a 30.657 acre tract (Original) (PID 600-318726) as conveyed to Earl T. Yeager and Stephanie Yeager, of record in Deed Book 2553, Page J05, of all document references are to the records the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
BEGINNING FOR REFERENCE at the northeasterly corner of said 30.657 acre tract;
Thence North 87°03’43” West, with the northerly line of said 30.657 acre tract, a distance of 175.00 feet to the POINT OF BEGINNING;
Thence through said 30.657 acre tract the following courses:
South 2°57’07” West, a distance of 25.27 feet to a point in a non-tangent curve;
With a curve to the left having a radius of 48.50 feet, an arc length of 134.70 feet, a central angle of 159°07’31”, a chord bearing and a distance of South 17°31’24” West for 95.39 feet to a point of reverse curvature;
With a curve to the right having a radius of 61.50 feet, an arc length of 69.76 feet, a central angle of 64°59’45”, a chord bearing and a distance of South 29°32’37” East for 66.08 feet to a point of tangency;
South 2°54’04” West, a distance of 234.61 feet to a point;
North 87°02’53” West, a distance of 245.99 feet to a point;
North 2°55’19” East, a distance of 206.50 feet to a point of curvature;
With a curve to the left having a radius of 63.50 feet, an arc length of 65.74 feet, a central angle of 59°19’15”, a chord bearing and a distance of North 26°44’19” West for 62.85 feet to a point;
North 2°08’45” East, a distance of 146.80 feet to a point of in the northerly line of said 30.657 acre tract;
Thence South 87°03’43” East, with said northerly line, a distance of 267.59 feet to the POINT OF BEGINNING containing 2.3 +/- acres, more or less.
SUBAREA C - 1.8 +/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Farm Lot 23, Section 1, Township 2, Range 17, United States Military Lands, being a part of a 5.17 acre tract (PID 600-318727) as conveyed to Jon-David Charlton and Jodi M. Charlton, of record in Instrument Number 201411040146346 and a part of a 16.605 acre tract (PID 600-318728) as conveyed to Ciminello Land Co. LLC, of record in Instrument 202305180048596, of all document references are to the records the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at the southwesterly corner of said 5.17 acre tract;
Thence North 3°45’46” East, with the westerly line of said 5.17 acre tract, a distance of 379.50 feet to the northwesterly corner of said 5.17 acre tract;
Thence through said 16.605 acre tract the following courses:
North 2°55’19” East, a distance of 14.82 feet to a point;
South 88°15’53” East, a distance of 195.21 feet to a point;
South 2°55’19” West, in part through said 5.17 acre tract, a distance of 401.42 feet to a point in the southerly line of said 5.17 acre tract
Thence North 86°11’34” West, with said southerly line, a distance of 200.76 feet to the POINT OF BEGINNING containing 1.8 +/- acres, more or less.
To Rezone From: R, Rural District,
To: R-1, Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-4, Planned Unit Development 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 change on the said official zoning map and shall register a copy of the approved PUD-4, Planned Unit Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.09 of the Columbus City Codes; said PUD plan being titled, “DEVELOPMENT PLAN,” said elevations titled, “ARCHITECTURE EXHIBIT ELEVATIONS / RENDERING SET 1,” said fencing exhibit being titled, “FENCING,” and said text being titled, “PLANNED UNIT DEVELOPMENT TEXT,” as they apply to Subarea A, all dated May 12, 2025, and signed by Eric Zartman, Attorney for the Applicant, and the text reading as follows:
PLANNED UNIT DEVELOPMENT TEXT
PROPOSED DISTRICT: PUD-4, Planned Unit Development District
PROPERTY ADDRESS: 7444 Cubbage Road
PARCELS: 110-006075; 600-318726; 600-318728; 600-318729; 600-318727
PROPERTY OWNERS: Ciminello Land Co LLC; Jon-David and Jodi Charlton; Earl and Stephanie Yeager,
APPLICANT: EC New Vision Ohio, LLC
DATE OF TEXT: May 19, 2025
APPLICATION: Z25-009
1. INTRODUCTION: The subject property consists of 29.9 +/- acres located on the east side of Cubbage Road in north Columbus. The property is mostly vacant but portions of two parcels are used for single-family residential uses. The surrounding development includes a PUD-4 Development to the north-east and single-family residential uses on the other sides.
The Applicant proposes rezoning the site as Subarea A, for a PUD-4 residential development with 106 lots. Adjacent Subarea B is 2.3 +/- acres in area, and the Applicant proposes a rezoning to R-1, and splitting it into two lots for single-unit residential development. The current plan is to allow the existing single-unit residence to remain. Adjacent Subarea C is 1.8 +/- acres in area, and the Applicant proposes a rezoning to R-1, splitting it off from its parent parcel, and allowing the existing single-unit residence to remain. Concurrent CV25-020 is included to allow the proposed lots in Subareas B and C to not front upon a public street.
The development standards within this text are exclusive to Subarea A which is being rezoned to PUD-4.
2. PERMITTED USES: Single-unit homes, open space and parkland as permitted under Section 3332.033 R-2, Residential District of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text or submitted drawings, the applicable development standards are contained in Chapter 3332 Residential District of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. The maximum number of dwelling units is 106 for a gross density, or 3.5 +/- dwelling units per acre.
2. The minimum front setback shall be a minimum of 20 feet.
3. The minimum side yard shall be a minimum of 5 feet. Ancillary structures may encroach into the side and rear yard setbacks. Ancillary structures may include, but are not limited to, patios, decks, spas, hot tubs, pergolas, trellises, planter walls, raised garden beds, fences, and outdoor cooking facilities. Ancillary structures may cross side lot lines.
4. The minimum rear yard shall be 20 feet.
5. The minimum lot width shall be 52 feet.
6. The minimum lot area shall be 6,240 square feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Access and emergency access to the property shall be from Cubbage Road. Access will be in accordance with the review and approval of the Franklin County Engineer or applicable agency.
2. All streets within the development shall be private and maintained by the Home Owners Association.
3. Each lot shall connect to the internal sidewalk network via individual driveway or separate sidewalk connection.
4. Subarea A shall provide access to Subarea B.
5. Pedestrian and bicycle interconnectivity with an alignment to be determined as part of site design shall be provided between the site and the area that is subject to rezoning application Z25-023 (current parcel number 600-303206).
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Buffering, landscaping, screening, street trees, and preservation shall be provided in accordance with the submitted Development Plan and maintained by the Home Owners Association.
2. The 20 foot buffer yard shall be maintained by the Home Owners Association and provided in accordance with the Development Plan.
3. A minimum of 6.25 +/- acres of open space shall be provided.
4. Lots 55-59 shall provide a 6-foot, board-on-board, wood fence along the rear lot line.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Home Sizes. The minimum net floor area of each home shall be 1,400 square feet.
2. Materials. The exteriors of the homes and clubhouse shall be comprised entirely of stone, brick, cultured stone, EIFS, wood (including engineered wood), cementitious fiber or stucco, or a combination thereof, except for gutters, soffits and overhangs, entry doors, garage doors and other accents. Aluminum and/or vinyl may be used for trim details such as soffits, gutters, shutters, windows, and gable accents, etc.
3. Building Height. The maximum building height shall be 35 feet measured from the grade of the front elevation of the building.
4. Roof. All roof pitches must fall within the range of 6/12 - 12/12 with the exception of porch roof pitches which may not be less than 4/12. The roof material will be dimensional architectural shingles.
5. Driveways. Driveways shall be constructed of concrete.
6. Ancillary Structures. Ancillary structures, including the clubhouse, shall utilize similar materials as the homes.
7. Garage Doors. Garage doors shall be de-emphasized and shall blend with the design character and color of each building. Garage doors shall be of one color and constructed of wood-composite, fiberglass, metal, or vinyl materials. Garage doors shall include windows and or decorative hardware, as depicted in the Architecture Exhibit.
8. Pools. No above ground swimming pools shall be erected or permitted.
9. Model Homes. Model homes may be constructed for the purpose of marketing and sales. A paved parking lot shall be permitted on a lot or lots adjacent to model homes to provide off-street parking for model home customers and employees.
10. Architecture and Design. Structures shall be constructed in accordance with the Architecture Exhibit. The Architecture Exhibit provides two sets of designs and structures may be constructed with either design. Architectural elements may slightly deviate from the Architecture Exhibit. For example, a roof line may be modified as long as the building is in general conformance with the Architecture Exhibit.
11. Fences. 6-foot privacy fences and 4-foot decorative fences may be installed and may encroach into side and rear yards. Fences must be designed in accordance with the Fencing Exhibit.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
N/A
F. Graphics and Signage Commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus City Code as it applies to the R-2 zoning district. Any variances needed from applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. The Applicant has submitted a Development Plan, Architecture Exhibits, and Fencing Exhibit as part of its rezoning application. The site shall be developed in accordance with the submitted Development Plan, Architecture Exhibits, and Fencing Exhibit. The plan and exhibits may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan and exhibits shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a 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.
SECTION 4. 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.