Explanation
Rezoning Application # Z04-051
APPLICANT: F&G Property Development Co., Inc.; c/o William A. Goldman, Atty; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 12, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-R-2, Limited Residential District will allow a 53-lot single-family subdivision and an existing single-family dwelling on a 2.8± acre lot. The proposed development is consistent with surrounding single-family residential development and the land use recommendation of the Southeast Area Plan (2000), and meets the intent of the Plan with no homes backing onto Lehman Road and at least a 130' setback from the centerline of the right-of-way.
Title
To rezone 7118 LEHMAN ROAD (43110), being 15.03± acres located on the north side of Lehman Road, 122± feet west of Winchester Meadows Drive, From: R, Rural District, To: L-R-2, Limited Residential District (Rezoning # Z04-051).
Body
WHEREAS, application #Z04-051 is on file with the Building Services Division of the Department of Development requesting rezoning of 15.03± acres From: R, Rural District, To: L-R-2, Limited 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 L-R-2, Limited Residential District to allow a 53-lot single-family subdivision and an existing single-family dwelling on a 2.8± acre lot is consistent with surrounding single-family residential development. The proposed land use is consistent with the recommendation of the Southeast Area Plan (2000), and meets the intent of the Plan with no homes backing onto Lehman Road and at least a 130' setback from the centerline of the right-of-way, 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:
7118 LEHMAN ROAD (43110), being 15.03± acres located on the north side of Lehman Road, 122± feet west of Winchester Meadows Drive, and being more particularly described as follows:
DESCRIPTION OF A 15.033 ACRES PARCELOF LAND FOR ZONING PURPOSES
Situated in the County of Franklin, State of Ohio, City of Columbus, and being located in Section 18, Township 15, Range 20, Congress Lands and being all of a 5.02 acre parcel of land owned by Alice E. Messenger of record in instrument # I5425E01, and being all of a 5.001 acre parcel of land owned by Susan G. Counts of record in instrument # 200206030135228, and being all of a 5.001 acre parcel of land owned by Kathleen M. & James O. Schwarz of record in instrument # 200304150108904 (all references to records being on file in the Office of the Recorder, Franklin County, Ohio) said 15.033 acre parcel being more fully described hereon;
Beginning in the centerline of Lehman Road at the southeast corner of The Meadows at Winchester, Section 7, of record in Plat Book 96, Page 45,
Thence North 04°57'26" East with the easterly line of said The Meadows at Winchester, Section 7 a distance of, 588.90 feet to a point,
Thence South 86°45'34" East with a southerly line of said The Meadows at Winchester, Section 7 and The Meadows at Winchester, Section 9 of record in Plat Book 94, Page 32 a distance of, 370.00 feet to a point,
Thence North 04°57'26" East with a easterly line of The Meadows at Winchester, Section 9 a distance of, 379.65 feet to a point,
Thence South 85°38'34" East a southerly line of The Meadows at Winchester, Section 9 a distance of, 441.14 feet to a point,
Thence South 04°19'24" West with the westerly line of a 22.339 acre parcel owned by Centex Homes of record in instrument # 200304040098481 a distance of, 975.71 feet to a point in the centerline of Lehman Road,
Thence North 85°38'34" West with the centerline of Lehman Road a distance of, 821.79 feet to the point of beginning. Containing 15.033 acres of land.
This description was prepared for zoning purposes and is based on documents of record on file in the Office of the Recorder, Franklin County, Ohio. This description is not based upon an actual field survey.
To Rezone From: R, Rural District,
To: L-R-2, Limited Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-R-2, Limited 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-R-2, Limited 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 "SITE PLAN FOR LEHMAN ROAD", and said text being titled "LIMITATION OVERLAY TEXT", both signed by William A. Goldman, Attorney for the Applicant, dated August 17 2004, and the text reading as follows:
LIMITATION OVERLAY TEXT
EXISTING DISTRICT: R, Rural
PROPOSED DISTRICT: L-R-2, Limited Residential District
PROPERTY ADDRESS: 7118 Lehman Road, Columbus, OH 43110
PROPERTY OWNERS: Alice E. Messenger (PID: 490-111431)
Susan G. Counts (PID: 490-206950)
Kathleen M. & James O. Schwarz (PID: 490-204665)
c/o William A. Goldman, Esq., GOLDMAN & BRAUNSTEIN, LLP, Of-Counsel,
Crabbe, Brown & James
500 S. Front Street, Suite 1200, Columbus, Ohio 43215
Ph:(614) 228-5511; Fax: (614) 229-4568
APPLICANT: F&G Property Development Company, Inc.
c/o William A. Goldman, Esq., GOLDMAN &
BRAUNSTEIN, LLP, Of-Counsel,
Crabbe, Brown & James
500 S. Front Street, Suite 1200, Columbus, Ohio 43215
Ph:(614) 228-5511; Fax: (614) 229-4568
DATE OF TEXT: August 17, 2004
APPLICATION NO.: Z04-051
1. INTRODUCTION: The subject property consists of 15.03+/- acres located on the north side of
Lehman Road, which is more particularly identified in the legal description submitted as part of this
Rezoning Application ("Property"). Said Property consists of all of parcel number 490-11431 (5.02 acres),
all of parcel number 490-206950 (5.001 acres), and all of parcel number 490-204665 (5.001 acres). As
depicted on the Site Plan submitted with this Rezoning Application, and committed to herein by reference, only the back portion of parcel number 490-204665 (2.200 acres), will be platted for single family development at this time. The remaining 2.801 acres will be retained by the owners, Kathleen M. and James O. Schwartz for potential future development. The Applicant, F&G Property Development Company, Inc., is requesting a rezoning of the Property from R to L-R-2. Applicant proposes to rezone the property for development of a single family dwelling subdivision with an internal public street. A plan titled "Site Plan for Lehman Road" hereinafter referred to as the "Site Plan" is submitted with this application as the street and lot plan, subject to final engineering and platting of the site. The proposed land use is consistent with abutting development to the north and west and the recommendations of the Southeast Area Plan.
2. PERMITTED USES: No lot shall be used except for the construction of a detached single-family
dwelling with an attached garage, as defined in Section 3332.033, R-2 Residential District, of the
Columbus Zoning Code, along with customary accessory uses and structures incidental to a single family
dwelling, as permitted in Chapter 3332, Residential Districts. Model home(s) shall be permitted.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this written Limitation Overlay Text
and as indicated on the Site Plan, the applicable development standards shall be those standards contained
in Chapter 3332, Residential District, of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments:
(1) Density. The maximum number of lots permitted on the Property shall be fifty-four (54).
(2) Height. Height District shall be H-35. No dwelling shall exceed 2 ½ stories in height.
(3) Lot. The lot layout shall be as depicted on the Site Plan for the maximum number of lots permitted.
(4) Setback. The minimum building setback line from the internal public street shall be twenty-five (25)
feet.
(5) A minimum forty (40) foot landscape setback shall be provided along and parallel to Lehman Road.
B. Access, Loading, Parking and/or Traffic-Related Commitments:
(1) Access to the Property shall be from Lehman Road, as depicted on the Site Plan, and shall be subject to
the approval of the City of Columbus Transportation Division. There shall be no direct vehicular access to
Lehman Road from any lot.
(2) Forty (40) feet of right of way from the centerline of Lehman Road shall be dedicated to the City of
Columbus in conjunction with the subdivision plat for the site or by deed.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
(1) At the time of development, Applicant, or its assigns, will install a gray three-rail wood fence, a minimum of four (4) feet in height along Lehman Road.
(2) Street trees shall be provided along the internal public street at a rate of not less than one (1) street tree
per lot for single frontage lots and two (2) street trees per lot for corner lots, with one (1) street tree located
on each frontage of the corner lot. Street trees shall be selected from tree species approved by the City
Forester.
(3) Street trees shall be provided along Lehman Road at the rate of one (1) street tree per forty (40) lineal
feet of Lehman Road frontage. Street trees shall be selected from tree species approved by the City
Forester.
(4) A landscaped entrance feature shall be provided on the public street entrance from Lehman Road,
subject to applicable setback and clear vision requirements.
(5) All trees and landscaping shall be well maintained. Dead items shall be replaced within six (6) months
or the next planting season, whichever occurs first. Applicant will use its best efforts to save existing trees.
(6) All trees shall meet the following minimum size at the time of planting: (i) shade trees 2 1/2-inch
caliper; (ii) ornamental trees 1 ½-inch caliper; and (iii) evergreen trees five (5) feet in height. Tree caliper
is measured six (6) inches from the ground at the time of planting.
(7) The applicant will install a twenty-five (25) foot buffer along the new property line of Parcel Number
490-204665, which is owned by Kathleen M. & James O. Schwartz, consisting of a four (4) foot high earthen
mound with a double row of Spruce trees planted twenty-five (25) feet on center and four (4) feet in height
at the time of planting. In addition, applicant will move the existing fence located at the back portion of
Parcel Number 490-204665 to the new property line of Parcel Number 490-204665. Applicant shall
maintain and replace any dead Spruce trees for a period of three (3) years.
D. Building Design and/or Interior/Exterior Treatment Commitments:
(1) Garages. Each dwelling shall have not less than a two (2) car attached garage.
(2) Dwelling Sizes. The Minimum Net Floor Area for Living Quarters, as defined in Section 3303.13,
Letter M, of the Columbus Zoning Code shall be 1,300 square feet for ranch style dwelling units, and 1,500
square feet for two-story dwelling units.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments:
(1) Street Lights. The street lights in the subdivision shall be decorative street lights rather than the
standard City of Columbus cobra-head fixture. The street lights shall be uniform in color and a maximum
of fourteen (14) feet in height.
(2) All new or relocated utility lines shall be installed underground unless the applicable utility company
directs or requires otherwise.
F. Graphics and Signage Commitments: All signage and graphics shall conform to Article 15, Title 33
of the Columbus Graphics Code as it applies to an R-2 district. Any variance to those requirements will be
submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments:
(1) Parkland Dedication Commitments. At the time of final plat submittal, Applicant or its assigns agrees
to make a monetary contribution to the Recreation and Parks Department as required by Chapter 3318,
Parkland Dedication, Columbus City Code.
(2) The Property shall be developed in substantial accordance with the Site Plan submitted herewith, subject to final engineering and platting. The Site Plan may be modified to reflect final engineering and/or consultation with the City of Columbus Recreation and Parks Department, Public Utilities Department, Public Service and Public Safety Departments. Such modifications may include the reworking and/or renumbering of lots, minor acreage calculations and/or other minor modifications determined by final engineering, and are subject to approval by the Building Services Division Administrator or his/her designee.
(3) Applicant agrees to participate in an economic development plan and a finance plan for public
improvements and services (the "Plan") in a defined area (the "Plan Area") that will include and benefit the
real property to which this zoning ordinance applies, provided:
a. All of the property owners within the Plan Area fully participate in the Plan, or contributions are made on their behalf by others not including the Applicant, on an equitable basis; and
b. Applicant's participation in the Plan is equitable and reasonable, in that it considers commitments including, but not limited to, Applicant's site specific commitments, traffic commitments, land use, density and other Plan Area commitments.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.