Explanation
REZONING APPLICATION # Z05-050
APPLICANT: Olympus Communities, Ltd.; c/o Dave Perry; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed PUD-8, Planned Unit Development District, would allow a maximum of 90 dwelling units within two, three, four and five-unit buildings for a density of 6.5 du/acres. The development standards include 3.7 acres of open space with preservation of existing trees in the open space and portions of the perimeter yard, street trees on the internal streets and along South Old State Road, sidewalks, landscaping, screening and lighting controls. The proposal is consistent with the recommendation of The Far North Plan (1994), and the zoning and development patterns of the area.
Title
To rezone 9172 SOUTH OLD STATE ROAD (43035), being 14.5± acres located on the east side of South Old State Road, 347± feet north of Candlelite Lane, From: R, Rural District, To: PUD-8, Planned Unit Development District (Rezoning # Z05-050).
Body
WHEREAS, application #Z05-050 is on file with the Building Services Division of the Department of Development requesting rezoning of 14.5± acres from R, Rural District, to PUD-8, Planned Unit Development 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 proposal is consistent with the recommendation of The Far North Plan (1994), and the zoning and development patterns of the area. The proposed PUD-8, Planned Unit Development District, would allow a maximum of 90 dwelling units within two, three, four and five-unit buildings for a density of 6.5 du/acres. The development standards include 3.7 acres of open space with preservation of existing trees in the open space and portions of the perimeter yard, street trees on the internal streets and along South Old State Road, sidewalks, landscaping, screening and lighting controls; 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:
9172 SOUTH OLD STATE ROAD (43035), being 14.5± acres located on the east side of South Old State Road, 347± feet north of Candlelite Lane, and being more particularly described as follows:
DESCRIPTION OF A 14.452 ACRE TRACT
LOCATED SOUTH OF POWELL ROAD AND
EAST OF OLD STATE ROAD
CITY OF COLUMBUS, DELAWARE COUNTY, OHIO
Situate in the State of Ohio, County of Delaware, City of Columbus, lying in Farm Lot 4, Section 3, Township 3, Range 18, and Farm Lots 15 and 22, Section 4, Township 3, Range 18 and being part of a 1.090 acre tract (0.949 acres) conveyed to Olympus Communities, LTD, by deed of record in Volume 527, Page 1220 and part of a 13.961 acre tract (13.503 acres) conveyed to Olympus Communities, LTD, by deed of record in Volume 467, Page 449, all records are from the Recorder's Office, Delaware County, Ohio, said 14.452 acre tract being more particularly described as follows:
BEGINNING FOR REFERENCE, at a point at the centerline intersection of Powell Road (60 feet-wide) and Old State Road (60 feet-wide)
Thence South 17°07'07" West, a distance of 516.76 feet, along the centerline of said Old State Road, to a railroad spike set in the centerline of Old State Road;
Thence South 87°01'49" East, a distance of 30.94 feet to an iron pipe set on the north line of said 1.090 acre tract and the easterly right-of-way line of said Old State Road, to an iron pipe set at the TRUE POINT OF BEGINNING;
Thence South 87°01'49" East, a distance of 212.23 feet, along the north line of said 1.090 acre tract and the First Amendment to the Retreat Condominium, of record in Plat Cabinet 3, Slide 604, to a 3/4 inch iron pipe found;
Thence the following two (2) courses and distances along the common lines of said 1.090 acre tract, said 13.961 acre tract and Additional Property of the Retreat Condominium as shown in Plat Cabinet 3, Slide 507:
1. South 16°45'36" West, a distance of 200.11 feet, to a 5/8 inch rebar found;
2. South 86°57'33" East, a distance of 425.26 feet, to a ¾ inch iron pipe found on the line between Farm Lot 3 and Farm 22;
Thence South 86°45'18" East, a distance of 276.27 feet, along the north line of said 13.961 acre tract, to a ¾ inch iron pipe found on the west line of Lot 30 as shown and delineated on the record plat of Prestwick Commons Section 1, a subdivision of record in Plat Cabinet 2, Slide 138;
Thence South 02°38'02" West, a distance of 594.31 feet, along the line common to said 13.961 acre tract, said Prestwick Commons Section 1 and Prestwick Commons Section 4, a subdivision of record in Plat Cabinet 2, Slide 322, to a 5/8 inch rebar found at the northeast corner of Lot 191 as shown and delineated on the record plat of Shuster Subdivision, a subdivision of record in Plat Book 7, Page 49;
Thence North 86°45'15" West, a distance of 1067.53 feet, along the line common to said 13.961 acre tract and said Shuster Subdivision, to an iron pipe set on the easterly right-of-way line of said Old State Road;
Thence North 17°07'07" East, a distance of 809.92 feet, along the easterly right-of-way line of said Old State Road, to the TRUE POINT OF BEGINNING, containing 14.452 acres of land more or less. Of which being 11.012 acres out of Farm Lot 4, 1.300 acres out of Farm Lot 22 and 2.140 acres out of Farm Lot 15. Being subject to all easements, restrictions, and rights-of-way of record.
Bearings are based on the State Plane Coordinate System from Delaware County Monuments 97-135 and 97-034. Ohio North Zone 1997 GPS Points.
To Rezone From: R, Rural District,
To: PUD-8, Planned Unit Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-8, 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-8, 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 plans being titled, "OLYMPUS LUXURY HOMES THE RETREAT AT POLARIS CONDOMINIUMS PHASE 2 POWELL ROAD 1 OF 2 AND 2 OF 2," and said notes being titled, "9712 South Old State Road PUD-8, Planned Unit Development," all dated May 25, 2006 and signed by Donald Plank, Attorney for the Applicant, and David B. Perry, Agent for the Applicant.
9712 South Old State Road
PUD-8, Planned Unit Development
May 25, 2006
PUD NOTES
1) Permitted Uses and Development Standards shall be as established in Chapter 3333, Apartment Residential Districts, as applicable to the AR-12, Apartment Residential District, except as noted in these PUD Notes, the Site Data Table and as depicted on the PUD Plan drawing, along with customary accessory uses, as permitted by Chapter 3333. The site will be developed with dwelling units offered for sale. The dwelling units will not be on separate lots and no lots shall be required. The buildings depicted on the Plan titled "Olympus Luxury Homes - The Retreat at Polaris Condominiums - Phase 2", dated May 25, 2006, hereinafter referred to as the "Plan", are five (5) dwelling units each. Developer may reduce the number of dwelling units per building, including providing two (2), three (3) and four (4) dwelling unit buildings, but no building shall exceed five (5) dwelling units and in no case shall there be more than 90 dwelling units. All on-site streets shall be private streets. Vehicular access to the site shall be provided from South Old State Road and internally with a vehicular connection(s) to the dwelling units to the north.
2) The development depicted on the Plan is illustrative of the planned development, but is subject to adjustment and modification with final engineering and final design. Any adjustment is subject to review and approval of the Development Director or designee. The plan depicts two (2) different styles of five (5) dwelling unit buildings. Developer may adjust the locations of the two different styles of buildings and provide more or less of a given style. All dwelling units are permitted patios and/or decks, but the patio/decks are not required. Decks and patios depicted on this drawing are illustrative as to size and location.
3) Minimum perimeter building and pavement setbacks shall be: Building Lines - South Old State Road - 50 feet, Perimeter Yard - 25 feet, except as building, parking and perimeter yard setbacks are noted on the Plan. The perimeter setbacks depicted hereon shall satisfy all requirements of Section 3333.255. A ten (10) foot perimeter yard is noted where the site abuts a development to the north. An emergency access drive crossing the perimeter yard is noted at the northwest corner of the development and shall be permitted. The development may be developed in phases, at developer's option. If developed is phases, there shall be no required perimeter yard setback from any internal phase line(s) or internal property lines(s) other than the current, existing perimeter property line of the 14.5 +/- acre tract. Perimeter yard shall only be applicable to the current perimeter property lines of the current 14.5 +/- acre tract.
4) Open Space shall be provided as depicted on this PUD plan. A 2.3 acre Open Space area is depicted generally along the south perimeter yard and southwest corner of the site. Trees of 6" caliper or greater, as well as smaller plant material within the Open Space area, as noted on the Plan, shall be preserved. Eight (8) new trees shall be randomly planted in the Open Space at the southwest corner of the site, as illustrated.
5) Stack parking in the driveway of a dwelling unit in front of the garage of each dwelling unit garage shall be permitted, subject to the garage door being no less than 18 feet from the edge of pavement of the internal street or interior edge of the private sidewalk, as applicable, as depicted on the plan.
6) A mixture of street and/or ornamental trees shall be planted along internal private streets generally as depicted on the Plan, subject to adjustment of the locations of trees if the number of dwelling units per building are changed. Trees shall meet the following minimum requirements at time of planting: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 1/2 " caliper, Evergreen Trees - 5 - 6 height. Weather permitting, dead or diseased landscaping required by this text shall be replaced within 6 months. 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. Landscaping or other screening shall be placed around any low level ground mounted light fixtures to screen the fixtures.
7) Street trees shall be planted along South Old State Road at the rate of approximately one tree per 35 lineal feet, as depicted on the plan, except no street trees shall be required south of Building # 25. The street trees shall be incorporated into the 50 foot landscaped parking setback. Landscaping depicted on the Plan depicts planned landscaping. Trees shall be approximately evenly spaced and at a uniform setback. The type of tree shall be approved by the City Forester. Retaining walls and fencing may also be used in the setback.
8) The east 25 foot perimeter yard shall be landscaped at the rate of eight (8) trees per 100 lineal feet with the eight (8) trees consisting of a 3:1 ratio of evergreen trees to ornamental and/or street trees. Trees planted in the east perimeter yard shall be the following minimum size at time of planting: Street Tree - minimum 2 ½ " caliper, Ornamental Tree - 2 " caliper, Evergreen Tree - minimum 6 feet. Prior to or in conjunction with the Certificate of Zoning Clearance submittal, applicant/developer shall a) determine if there are trees of 6 inch caliper or greater in the east 25 foot setback and submit such determination with the Certificate of Zoning Clearance and b) if there are any trees of 6 inch caliper or greater in the east 25 foot setback, the trees are in good condition and the type of tree is not one listed in Section 912.16, Prohibited Species, Columbus City Code, applicant/developer shall make a good faith effort to preserve the tree(s) of 6 inch caliper or greater. Trees that are closer to the interior side of the east perimeter yard and that could reasonably be anticipated to not survive required grading, excavation or utility installation may be removed at applicants/developers discretion. Where trees of 6 inch caliper or greater are preserved, the required 8 trees per 100 lineal feet may be reduced consistent with best management practices for planting additional trees in close proximity to existing trees.
9) An open ditch exists on the site. The open ditch in the area of the site between the property line along the south side of South Old State Road and north line of Siphda Drive, shall remain open and undisturbed for 25 feet from centerline of the open ditch. Within this 50 foot (total) corridor, a) there shall be no grading, except where grading may be required adjacent to South Old State Road and Siphda Drive, b) existing trees of 6 inch caliper or greater, as noted on the plan, shall be preserved and 3) nine (9) new ornamental trees shall be planted.
10) The minimum net floor area for living quarters', as defined in Section 3303.13, Letter M, Columbus Zoning Code, shall be 1,400 square feet per dwelling unit for 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. Other units (townhouse and 1 ½ story units shall have a minimum of 1,300 square feet on the first and second floors. Every townhouse and 1 ½ story unit shall have a basement, which may be finished as a buyer option. Every dwelling unit shall have an attached garage.
11) The development shall comply with the Parkland Dedication Ordinance (PDO), as applicable.
12) Utility crossing(s) may be required across perimeter setback/open space/buffer areas and shall be permitted for provision of utilities to the site.
13) 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 revoked by the City of Columbus, or if the dwelling unit Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
14) Site lighting shall utilize fully shielded, cut-off light fixtures, or decorative light fixtures. Building mounted lighting shall be provided by wall mounted fixtures, such as coach lights, attached to the dwelling units. All external building mounted light fixtures shall be the same or similar for consistency in appearance and style. 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 dwelling units. This provision shall not preclude dwelling units from having a pole mounted yard light, but the pole mounted light shall be no taller than eight (8) feet and shall be located adjacent to walks for access to dwelling units.
15) All new utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
16) Recreational and open space amenities, including gazebos, benches, walking paths, exercise stations or other amenities may be placed in areas designated as open space.
17) The private streets shall be designed with a minimum pavement width of 22 feet.
a. Parking restrictions shall be limited to one side of the street and that no parking shall be permitted on either side of any street within 61' of street intersections. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the dwelling unit association shall be established by the rules and regulations of the association.
b. Parking is not to be allowed anywhere but in garages, as designated on the site plan, on streets as set forth in note "a" above, and in driveways where applicable. There will be no parking allowed in alleys. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
c. The owner, developer and/or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking in 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 association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above.
d. Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
e. The owner, developer, or the association of homeowners, as applicable, shall 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 or alleys.
18) A temporary sales office shall be permitted prior to the development of model dwelling unit(s).
19) Graphics shall comply with the Columbus Graphics Code, Title 33, Article 15,
of the Columbus City Code in accordance with AR-12, Apartment Residential district standards. Any modification of the applicable requirements of the AR-12, Apartment Residential district standards, other than as noted, shall be submitted to the Columbus Graphics Commission. Illumination, if any, of a ground sign or sign identifying the dwelling unit 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.
20) Public sidewalks will be provided in the South Old State Road right of way or on-site, as may be directed by the Division of Transportation.
21) Private sidewalks (4 feet wide), shall be provided on the internal private streets as depicted on the plan. If the property to the south of the site, on the north side of Candlelite Lane, is zoned for and developed with a retail commercial use, a four (4) foot wide concrete sidewalk will be extended from the private street stub to the south property line, across the south perimeter yard, subject to the zoning or applicable city code related to the retail commercial zoning/development being required to connect a sidewalk to the sidewalk to the south property line required by this section. If the zoning and/or approved design of the retail commercial site to the south does not require connection to the sidewalk to the south property line on this PUD site, there shall be no obligation to extend the sidewalk across the south perimeter yard of this site. If the sidewalk is built to the south property line, it shall be located and designed to eliminate or minimize removal of any tree of 6" caliper or greater in the south perimeter yard.
22) This PUD is located in flood hazard Zone X, as shown on the Federal Emergency Management Agency Insurance Rate Map Number 39041C0240J, effective April 21, 1999.
23) Building materials shall be traditional and natural in appearance and shall include brick and stone. No less than 35% of the exterior area, as measured net of window and door area, of each building, shall be brick or stone.
24) A landscaped entrance feature consisting of plant material, mounding, low walls and/or fencing is permitted and may be located in the South Old State Road setback subject to clear vision requirements and subject to any walls or fencing not exceeding a height of six (6) feet.
25) The site will be developed with dwelling units. No dwelling unit shall have more than two (2) bedrooms, per requirement of the Public Utilities Department in conjunction with administration of the City of Columbus/Delaware County Sanitary Sewer contract. 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 dwelling unit. Applicant shall record a condominium plat and Declaration of Restrictions and Covenants applicable to all dwelling 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.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.