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File #: 1006-2006    Version:
Type: Ordinance Status: Passed
File created: 5/23/2006 In control: Zoning Committee
On agenda: 6/26/2006 Final action: 6/28/2006
Title: To rezone 8074 FLINT ROAD (43235), being 17.55± acres located on the north side of Park Road, 1059± feet east of Flint Road, From: R, Rural District, To: PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z06-018)
Attachments: 1. ORD1006-2006Attachments.pdf, 2. ORD1006-2006Labels.pdf, 3. ORD1006-2006DataSheet.pdf
Explanation
 
REZONING APPLICATION # Z06-018
 
APPLICANT:  Village Communities, Inc.; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
 
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on May 11, 2006.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested PUD-6, Planned Unit Development District will allow a maximum of 104 multi-family units in four and six-unit buildings with a proposed density of 5.93 units per acre and 2.75± acres of open space.  The PUD plan and notes provide customary development standards such as street trees, sidewalks, exterior building materials, parking/towing provisions, and adequate landscaped buffer areas.  The open space includes tree preservation areas, and 1.7± acres that will be dedicated to Columbus Recreation and Parks Department to protect the ravine located in the southwestern part of the site.  The site is located within Subarea C3 of The Far North Plan (1994), which recommends retirement housing and/or single-family residential development if the land in the subarea is not needed as a school site.  It has been determined by Staff that the proposed project meets the intent of the Plan recommendation.  The Plan also contains provisions for natural resource and tree preservation, and the site has been designed to accommodate these provisions.  The proposal is consistent with the zoning and development patterns of the area.
 
 
Title
 
To rezone 8074 FLINT ROAD (43235), being 17.55± acres located on the north side of Park Road, 1059± feet east of Flint Road, From:  R, Rural District, To:  PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z06-018)
 
 
Body
 
WHEREAS, application #Z06-018 is on file with the Building Services Division of the Department of Development requesting rezoning of 17.55± acres from R, Rural District, to PUD-6, Planned Unit Development 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 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-6, Planned Unit Development District will allow a maximum of 104 multi-family units in four and six-unit buildings with a proposed density of 5.93 units per acre and 2.75± acres of open space.  The PUD plan and notes provide customary development standards such as street trees, sidewalks, exterior building materials, parking/towing provisions, and adequate landscaped buffer areas.  The open space includes tree preservation areas, and 1.7± acres that will be dedicated to Columbus Recreation and Parks Department to protect the ravine located in the southwestern part of the site.  The site is located within Subarea C3 of The Far North Plan (1994), which recommends retirement housing and/or single-family residential development if the land in the subarea is not needed as a school site.  It has been determined by Staff that the proposed project meets the intent of the Plan recommendation.  The Plan also contains provisions for natural resource and tree preservation, and the site has been designed to accommodate these provisions.  The proposal is consistent with the zoning and development patterns of the area; 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:
 
8074 FLINT ROAD (43235), being 17.55± acres located on the north side of Park Road, 1059± feet east of Flint Road:
 
17.550 ACRES
NORTH OF PARK ROAD AND EAST OF FLINT ROAD
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lots 53 and 54, Section 2, Township 2, Range 18, of the United States Military District and being all of the 13.4734 acre tract conveyed to the Board of Education Worthington City School District by deed of record in Deed Book 851, Page 847 and all of the remainder of an original 6.00 acre tract conveyed to the Board of Education of the Worthington Exempted Village School District by deed of record in Deed Book 2879, Page 295, all records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Begin for Reference at Franklin County Monument FCGS 2252 at the centerline intersection of Park Road (width varies) and Flint Road (60 feet in width);
 
Thence North 31°57'12" East, a distance of 693.03 feet, along the centerline of said Flint Road to a PK nail found at the northwest corner of a 2.419 acre tract conveyed to Susan A. Mamone by deed of record in Deed Book 3724, Page 395, being a common corner to said 13.4734 acre tract and the Point of True Beginning for the herein described tract;
 
Thence North 31°57'12" East, a distance of 73.78 feet, continuing along the centerline of said Flint Road to a PK nail found at the southwest corner of a 0.5146 acre tract conveyed as (Parcel One) to Marilyn L. Dula by deed of record in Instrument 200407260172006, being a common corner to said 13.4734 acre tract;
 
Thence South 85°40'01" East, a distance of 291.69 feet, passing an iron pin found (Bird & Bull cap) at 33.86 feet, along the southerly line of said 0.5146 acre tract, a line common to said 13.4734 acre tract, to an iron pin found (pinch top) at the southeast corner of said 0.5146 acre tract, also being a common corner to said 13.4734 acre tract;
 
Thence North 12°02'29" East, a distance of 200.00 feet, passing an iron pin found (3/4") at 97.85 feet, along the easterly lines of said 0.5146 acre then a 0.483 acre tract conveyed as (Parcel Two) to Marilyn L. Dula by deed of record in Instrument 200407260172006, a line common to said 13.4734 acre tract, to an iron pin found (Bird & Bull cap) at the northeast corner of said 0.483 acre tract, also being a common corner to said 13.4734 acre tract, and being in the southerly line of a 1.002 acre tract conveyed to Julia A. Norman and Jeanne Norman by deed of record in Instrument 200410260247093;
 
Thence South 85°40'38" East, a distance of 982.24 feet, passing iron pins found (Patridge cap) at 215.56 feet, 324.45 feet, and 596.47 feet, along the northerly line of said 13.4734 acre tract, being a line common to said 1.002 acre tract, a 0.261 acre tract conveyed to John P. Starks and Narcissia V. Starks by deed of record in Official Record 25010 A-15, a 0.677 acre tract conveyed to Willie H. Caudill by deed of record in Instrument 200211180293519, a 0.499 acre tract conveyed to Lawrence Bolden by deed of record in Instrument 199707280056321 and a 0.558 acre tract conveyed to Helen O. Epps by deed of record in Official Record 19450 I-05, at the northwest corner of  a 8.117 acre tract conveyed to Norfolk & Western RY. Co. by deed of record in Deed Book 2599, Page 623, reference by a post found (0.31'south);
 
Thence South 02°52'04" East, a distance of 452.66 feet, along the westerly right-of-way line of said Norfolk & Western RY. Co., a line common to said 13.4734 acre tract to the northeast corner of a 1.826 acre tract conveyed to Instalube and Tire Co. by deed of record in Instrument 199803270071666, reference by an iron pin found (Bird & Bull cap) 0.09' east, a common corner to said 13.4734 acre tract;
 
Thence North 86°42'06" West, a distance of 200.00 feet, along the northerly line of said 1.826 acre tract, a line common to said 13.4734 acre tract, to an iron pin found (Bird & Bull cap) at the northwest corner of said 1.826 acre tract, a common corner to said 13.4734 acre tract;
 
Thence South 02°52'02" East, a distance of 400.00 feet, passing an iron pin found (Bird & Bull cap) at 379.88 feet, along the westerly line of said 1.826 acre tract, a line common to said 13.4734 acre tract, to a railroad spike found in the centerline of said Park Road at the southwest corner of said 1.826 acre tract, a common corner to said 13.4734 acre tract;
 
Thence North 86°42'07" West, a distance of 504.64 feet, passing a railroad spike found at 294.90 feet, at the southeast corner of said original 6.00 acre tract, along the centerline of said Park Road to a railroad spike set, being located South 86°42'07" East, a distance of 1058.78 feet along the said centerline from Franklin County Monument FCGS 2252, said railroad spike set being the southeast corner of a 6.274 acre tract conveyed to City of Columbus by deed of record in Instrument 200503160048271;
 
Thence North 43°45'41" West, a distance of 520.92 feet, passing an iron pin set at 29.36 feet, along the easterly line of said 6.274 acre tract, a line common to said original 6.00 acre tract,  to an iron set at the northeast corner of said 6.274 acre tract, a common corner to said original 6.00 acre tract;
 
Thence North 86°51'48" West, a distance of 6.57 feet, along the northerly line of said 6.274 acre tract to an iron pin found (Bird & Bull cap) at the southeast corner of said 2.419 acre tract, a common corner to said 13.4734 acre tract;
 
Thence North 01°37'14" East, a distance of 268.30 feet, along the easterly line of said 2.419 acre tract, a line common to said 13.4734 acre tract, to an iron pin found (Bird & Bull cap) at the northeast corner of said 2.419 acre tract, a common corner to said 13.4734 acre tract;
 
Thence North 89°16'48" West, a distance of 331.01 feet, passing an iron pin found (Bird & Bull cap) at 295.93 feet, along the northerly line of said 2.419 acre tract to the Point of True Beginning, containing 17.550 Acres, (there being 14.280 acres from Parcel Number 610-216466 and 3.270 acres from Parcel Number 610-216460) more or less and being subject to all easements, restrictions and rights-of-way of record.
 
The bearings shown herein are based on the grid bearing of North 31°57'12" East for the centerline of Flint Road as measured between Franklin County Engineer's Monuments FCGS 2252 and FCGS 8856 as determined by a GPS network of field observations performed in August, 2005, (State Plane Coordinate System, South Zone, 1986 Adjustment).
 
All iron pin set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. Zande".
 
Based on an actual field survey performed by R.D. Zande & Associates, Inc.
 
Based on an actual field survey performed by R.D. Zande & Associates, Inc.
 
To Rezone From:  R, Rural District,
 
To:  PUD-6, Planned Unit Development District.
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the PUD-6, Planned Unit Development 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 PUD-6, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plan being titled, "THE RAVINES AT FLINT PARK," and said notes being titled, "PUD NOTES," both dated May 17, 2006, and signed by Jill S. Tangeman, Attorney for the Applicant.
 
PUD Notes
 
Zoning District:            PUD-6
Property Location:      17.55 +/- acres at 8074 Flint Road, Columbus, Ohio 43235
Applicant:             Village Communities Inc.
Owner:                  Board of Education of Worthington City School District      
Date of Text:            May 17, 2006
Application No.:       Z06-018
      
1.       The subject site is approximately 17.55 +/- acres located east of Flint Road and north of Park Road.  The site is currently owned by the Board of Education of Worthington City School District.
 
The applicant is proposing to construct low-density, ranch-style and townhome-style, multi-family dwelling units on the subject site.  Buildings will contain a maximum of eight units. The applicant proposes to rezone the property to a PUD that will permit a density of up to 5.93 +/- dwelling units per acre.   
 
2.      The development will include twenty (20) four-unit multi-family, ranch-style buildings with a total of eighty (80) dwelling units and four (4) six-unit multi-family, townhome-style buildings with a total of twenty-four (24) dwelling units.  A maximum of two (2) eight-unit multi-family, townhome-style buildings may replace either the four or six-unit buildings so long as the total unit count does not exceed 104 units.
 
3.       Unless otherwise indicated in this text, the applicable development standards of Chapter 3333 of the Columbus City Codes will apply.  The site will be developed in substantial accordance with the plan dated May 17, 2006 and attached hereto as Exhibit A. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed.  Any slight adjustment to the plan will 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.
 
      A.       Density, Height and Setback Commitments.      
            
1.        No more than a total of one-hundred four (104) dwelling units will be built.
 
            2.        No building will be erected, altered, placed or permitted to remain on this property other than four-unit multi-family, ranch-style dwellings or four or six-unit multi-family, townhome-style dwellings, a community clubhouse, a community pool and a master meter building.  A maximum of two (2) eight-unit multi-family, townhome-style buildings may replace either the four or six-unit buildings so long as the total unit count does not exceed 104 units.
 
      
3.       The building setback from Park Road will be thirty (30) feet.  On the west side of the property, the dwelling units will have a thirty-five (35) foot perimeter yard setback.  The north side of the property will have a fifty (50) foot perimeter yard landscape buffer setback.  The east side of the property will have a twenty-five (25) foot perimeter yard setback.
 
4.      Decks may encroach into the setback areas a maximum of ten (10) feet.
 
      B.      Access, Parking and/or Other Traffic Related Commitments.
 
1.       Access will be in accordance with the review and approval of the City of Columbus Division of Transportation and the Franklin County Engineer.  
 
a. The applicant proposes to have a primary access drive onto Park Road.  The applicant will install any turn lanes required on Park Road as determined by an approved traffic study.  The design of any turn lanes on Park Road must be approved by the City of Columbus Transportation Division.  The applicant will obtain any right-of-way needed to install any required turn lanes and sidewalks within the right-of-way.
 
b. No access will be permitted on Flint Road.
c. The applicant will dedicate the right-of-way necessary to provide for 40 feet from centerline on Flint Road.
 
d.   Intersection details must reflect standards for TNDs and PUDs.
 
2.       Each four-unit multi-family, ranch-style dwelling in the development will have an attached garage with space for two cars.  Each multi-family, townhome-style dwelling will have an attached garage with space for one car. The driveway space to each townhome may also be used for parking.  Parking restrictions will be installed per current City policy on signage for private streets and alleys/lanes. There will be no parking permitted at the main entrance.  "No Parking" signs will be posted as appropriate.  Fire hydrants will be located on the side of the street where no parking is permitted.
 
      The owner, developer and/or the Condominium Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in the 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 owner, developer and/or Condominium Association determines, so long as at least one such agreement will always, at all times be in force for the purposes of enforcements/removal towing as required above.  Towing agreements will be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.
 
      The owners, developer, and/or Condominium Association will 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 and alleys/lanes.
 
      Intersection details concerning turning radii, parking restrictions and intersection configurations will conform to the Fire Vehicle Access Plan.
 
3.      The street alignments shall be developed as shown on the plan and will be private.  However, they are subject to refinement with final engineering and may be adjusted to reflect engineering, topographical or other site data established at the time of development and engineering plans are completed.  The Administrator of the Transportation Division and the Director of Development and/or their designees may approve adjustments to the street alignments upon submission of the appropriate data regarding the proposed adjustment.
 
      
      C.       Buffering, Landscape, Open Space and/or Screening Commitments.
            
1.       On the north side of the property, mounding will be provided.  In addition, existing trees will be preserved in the first thirty-five (35) feet of the fifty-foot setback area and one additional pine tree will be installed for every ten (10) feet of property line.  The mounding and installation of trees on the north side of the property will be completed prior to closing on the first condominium unit.
 
2.       On the west and south sides of the property, existing trees will be preserved within the first fifteen (15) feet of the setback area.
 
3.       On the east side of the property, a noise reduction fence consisting of six (6) foot Hardiplank boards will be constructed on the east side of the property along the back of the multi-family, townhome-style dwelling units.  In addition, existing trees will be preserved and one additional pine tree will be installed for every fifteen (15) feet of property line as delineated on the site plan.  Finally, mounding will be installed on the east side of the property.  The part of the site which abuts existing commercial property will be planted with trees to create a natural buffer.  Within this buffer, one tree will be installed be installed for every fifteen (15) feet of property line along the existing commercial property's western property line and the portion of its northern property line adjacent to this site.  Trees may be clustered in groups of 5 to 7 trees.  The tree species may be a mixture of Norway Spruce, Serbian Spruce and/or Douglas Fir. The mounding, fencing and installation of trees on the east side of the property will be completed prior to closing on the first condominium unit.
 
4.       All trees and landscaping will be well maintained.  Dead items will be replaced within six months or at the next planting season, whichever occurs first.  Trees will meet the minimum size at the time of planting: 2 ½ inches caliper for frontage trees; 2 ½ inches caliper for shade trees; 1 ½ inch caliper for ornamental trees; and 5 feet in height for evergreen trees.  All street trees and other landscaping commitments will be as shown on the site plan.
 
5.      The developer will be dedicating land to the Columbus Recreation and Parks Department for park use at the time of zoning clearance. The applicant will work with the Columbus Recreation and Parks Department to install markers to identify the property line between the dedicated park land and the proposed development.
 
6.      Concrete sidewalks will be installed by the developer on one side of the internal loop street as identified on the site plan. Per requirements of the Transportation Division, a bike path will be installed along the Park Road frontage of the site. The bike path will serve to fulfill requirements under the City of Columbus sidewalk requirements.
 
7.      The developer will use its best efforts to avoid disturbing vegetation during construction in the preservation area surrounding the ravine as identified on the site plan.  Any disturbance will require approval by the Columbus Recreation and Parks Department.
 
8.      A minimum of twenty-five percent (25%) of the perimeter of the detention pond will be planted with wetland vegetation.
 
      D.       Building Design and/or Interior-Exterior Treatment Commitments.
 
1.       The main exterior building material will be wood, wood composition, brick, stone or cultured stone or a combination thereof.  Vinyl will be used only on the backs of the townhome-style buildings.
 
2.       Dwelling units may be used as model homes for the purpose of marketing and sales.
 
3.       Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s).  If a Dumpster Waiver is not granted or is revoked by the City of Columbus, or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
 
E.       Graphics.
      
1.      All signage and graphics will conform to the Columbus Graphics Code.  Any variances needed for the applicable graphics requirements will be submitted to the Columbus Graphics Commission.
 
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.