Explanation
Rezoning Application Z03-033
APPLICANT: Portrait Homes-Ohio LLC; c/o William A. Goldman, Atty.; 454 East Main Street, Suite 227; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-3) on July 12, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-AR-12, Limited Apartment Residential District is compatible with surrounding development and is consistent with the established zoning pattern of the area.
Title
To rezone 2699 SPANGLER ROAD (43207), being 12.02± acres located on the west side of Spangler Road, 300± feet south of Watkins Road, From: R-1, Residential District To: L-AR-12, Limited Apartment Residential District. (Rezoning #Z03-033) (AMENDEDED BY ORD. 1474-2006 PASSED 10/2/2006)
Body
WHEREAS, application #Z03-033 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.02± acres from R-1 Residential District, to L-AR-12, Limited Apartment 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-AR-12, Limited Apartment Residential District is compatible with surrounding development and is consistent with the established zoning pattern 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:
2699 SPANGLER ROAD (43207), being 12.02± acres located on the west side of Spangler Road, 300± feet south of Watkins Road and being more particularly described as follows:
DESCRIPTION OF 1.348 ACRE TRACT
EAST OF ALUM CREEK DRIVE
SPANGLER ROAD
SOUTH OF WATKINS ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, in the northwest quarter of Section 7, Township 11, Range 21 Mathews Survey of Congress Lands and being 1.348 acres of the land conveyed to Elizabeth Demeter in I.N. 200202260050973 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at an existing Franklin County Monument No. 4470 at the centerline intersection of Spangler Road and Watkins Road;
Thence South 2°04'58" West a distance of 255.70 feet, along the centerline of said Spangler Road, to a railroad spike set being the Point of Beginning;
Thence South 2°04'58" West a distance of 49.94 feet, along the centerline of said Spangler Road, to an existing railroad spike at a northeast property corner of Bank Street Partners (ORV 32335 E05);
Thence North 87°40'35" West a distance of 528.32 feet, along a northerly property line of said Bank Street Partners, to an existing iron pin;
Thence North 2°23'48" East a distance of 222.97 feet, along an easterly property line of said Bank Street Partners, to an iron pin set, at the southwest property corner of Christine J. Davis & Jerry D. Kraft (I.N. 200203060058785);
Thence South 87°48'17" East a distance of 186.78 feet, along the southerly property line of said Davis & Kraft, to an iron pin set;
Thence South 2°23'48" West a distance of 173.57 feet to an iron pin set;
Thence South 87°41'52" East a distance of 341.27 feet to the Point of Beginning containing 1.348 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2003.
Bearings are based upon the centerline of Spangler Road south from Franklin County Monument No. 4470, an assumed bearing of South 2°04'58" West and all other bearings based upon this meridian.
DESCRIPTION OF 10.672 ACRE TRACT
EAST OF ALUM CREEK DRIVE
SPANGLER ROAD
SOUTH OF WATKINS ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, in the northwest quarter of Section 7, Township 11, Range 21 Mathews Survey of Congress Lands and being 10.672 acres of the land conveyed to Bank Street Partners in Official Record Volume 32335 E05 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at an existing Franklin County Monument No. 4470 at the centerline intersection of Spangler Road and Watkins Road;
Thence South 2°04'58" West a distance of 305.64 feet, along the centerline of said Spangler Road, to an existing railroad spike being the Point of Beginning;
Thence South 2°23'32" West a distance of 169.07 feet, along the centerline of said Spangler Road, to an existing railroad spike at the northeast property corner of Nancy E. Kangas and Duncan S. Campbell (I.N. 199912010297175);
Thence North 87°41'59" West a distance of 528.12 feet, along a northerly property line of said Kangas and Campbell, to an existing iron pin;
Thence South 2°25'17" West a distance of 164.32 feet, along a westerly property line of said Kangas and Campbell, to an existing iron pin on the north line of Timbercreek Village (PB 69, Pg 4);
Thence North 87°42'57" West a distance of 587.04 feet to an existing iron pin at the northwest corner of said Timbercreek Village and easterly property line of JAL Realty Company (I.N. 199709110091847);
Thence North 2°12'41" East a distance of 323.77 feet, along an easterly property line of said JAL Realty Company, to an existing iron pin;
Thence North 2°18'39" East a distance of 314.67 feet, along an easterly property line of said JAL Realty Company, to an existing iron pin;
Thence South 87°46'36" East a distance of 588.44 feet, along a southerly property line of said JAL Realty, Artist Lee Everman (I.N. 200211190295561) and Mary Lou Leonard (I.N. 199805190122210), to an existing iron pin at the northwest property corner of
Christine J. Davis and Jerry D. Kraft (I.N. 200203060058785);
Thence South 2°23'48" West a distance of 305.47 feet, along the westerly property line of said Davis and Kraft and Elizabeth Demeter (I.N. 200202260050973), to an existing iron pin;
Thence South 87°40'35" East a distance of 528.32 feet, along a southerly property of said Demeter, to the Point of Beginning containing 10.672 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2003.
Bearings are based upon the centerline of Spangler Road south from Franklin County Monument No. 4470, an assumed bearing of South 2°04'58" West and all other bearings based upon this meridian.
To Rezone From: from R-1, Residential District,
To: L-AR-12, Limited Apartment Residential District
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-AR-12, Limited Apartment 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-AR-12, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled "DEVELOPMENT TEXT L-AR-12, LIMITED APARTMENT RESIDENTIAL 12+/- ACRES", said plan being titled "SPANGLER FARM", both signed by William Goldman, Attorney for the Applicant, dated July 22, 2003, and reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL
12+/- ACRES
EXISTING DISTRICT: R-1, RESIDENTIAL
PROPOSED DISTRICT: L-AR-12, LIMITED APARTMENT RESIDENTIAL
PROPERTY ADDRESS: 2699 SPANGLER ROAD, COLUMBUS (43207)
OWNERS/APPLICANT: BANK STREET PARTNERS, ELIZABETH DEMETER, C/O CRABBE, BROWN & JAMES, LLP, GEORGE R. McCUE, ESQ., 500 S. FRONT STREET, SUITE 1200, COLUMBUS, OHIO 43215
APPLICANT: BANK STREET PARTNERS, C/O CRABBE, BROWN & JAMES, LLP, GEORGE R. McCUE, ESQ., 500 S. FRONT STREET, SUITE 1200, COLUMBUS, OHIO 43215
APPLICANT: PORTRAIT HOMES-OHIO, LLC C/O WILLIAM A. GOLDMAN, ESQ.
DATE OF TEXT: July 22, 2003 October 14, 2004
APPLICATION NUMBER: Z03-033
INTRODUCTION:
The subject property is 12+/- acres located on the west side of Spangler Road, south of Watkins Road. Applicant proposes to rezone the property for a condominium development. The site is currently vacant with some existing trees along the west and partial north property lines.
1. PERMITTED USES: The following uses shall be permitted:
Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333, Apartment Districts, of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
1. Density: The proposed "Site Plan" calls for 21 six-unit buildings and 2 four-unit buildings for a total of 134 units on the 12+/- acre site for a density of 11.17 units per acre. The maximum number of units shall be 120, for a site density of ten (10) units/acre. The maximum number of units in each building shall be six (6).
2. Height: The buildings shall be limited to not greater than two (2) stories.
3. Setbacks: Building, parking and pavement setbacks are as depicted on the Site Plan titled "Spangler Farm," which is being submitted with this Rezoning Application.
a. There shall be a minimum 25-foot building, parking and pavement setback along the perimeter of the site, except as stated in Sections 3.b. and 3.c., below.
b. There shall be a minimum 40-foot building, parking and pavement setback along the west property line.
c. There shall be a minimum 50-foot building setback from the Spangler Road right-of-way line, except that any part of the entrance feature structure which is greater than six (6) feet in height shall be a minimum of 25 feet from the right-of-way line.
B. Access, Loading, Parking and/or Traffic-Related Commitments.
1. Access to the site shall be from Spangler Road and shall be subject to final engineering and location approval of the Division of Transportation.
2. At the request of the City of Columbus Transportation Division and Fire Division, a 15-foot emergency access drive shall be established at the current terminus of Green Meadows Street, and constructed to City of Columbus specifications. It is the intent of the Applicant/Developer that this emergency access be designed so as to mitigate its appearance.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Perimeter setback/buffering shall be developed in accordance with the Site Plan and this Limitation Text.
The Applicant/Developer shall install deciduous trees, 30 feet on center, along the southernmost property line, excluding the fence areas described in paragraph (C)(5) C.5.
2. The Applicant/Developer shall not disturb the tree buffer that exists along the west boundary line of the "Vance" property, parcel number 530-156612, except where necessary to install the fencing described in Paragraph C.5., below, and except that trees and/or underbrush which interfere with the installation of utilities may be removed, subject to any removal being the minimum necessary.
3. Along the west and north perimeter buffer (which is adjacent to the L-M-2 site) is an existing tree line and which shall be maintained as a natural buffer area consistent with best management practices for maintenance. Trees and/or underbrush which interfere with the installation of utilities and/or walking path(s) may be removed, subject to any removal being the minimum necessary. Any gaps in the current tree line will be replanted with evergreen trees, 15 feet on center, in accordance with paragraph C.4. herein.
4. Along any perimeter of the site, which is adjacent to the L--2 site, there shall be additional buffering and landscaping in the form of trees in accordance with paragraph C.4. herein.
4. The minimum size of plant material at time of installation shall be as follows: Deciduous Tree - 2 ½-inch caliper (measured at six (6) inches above ground), Ornamental Tree - 1 ½-inch caliper (measured at six (6) inches above ground), Evergreen Tree - six (6) feet in height.
5. Along the north and west sides of the "Kangas" property, parcel number 530-156569, and along the south and west sides of the "Demeter" property, parcel number 530-156576, and along the north and west sides of the "Vance" property, parcel number 530-156612, there shall be the Applicant/Developer shall install a six (6)-foot high cedar fence.
6. Plant material that is planted as a requirement of this text shall be maintained in a healthy condition. Dead plant material shall be replaced with plant material that meets the minimum size requirements for new plant material within three (3) months, weather permitting.
7. The Applicant/Developer agrees to install a minimum of 4 deciduous trees, 22 evergreen shrubs, and 24 deciduous shrubs per 6-unit building, or 3 deciduous trees, 20 evergreen shrubs, and 16 deciduous shrubs per 4-unit building, as depicted in the submitted Spangler Farm Landscape Details, as typical. These trees and shrubs may be evenly spaced (as shown) or naturally grouped within front and/or side yards, as may be necessary to accommodate required parking, drive aisles, overall aesthetics, and development standards. This commitment may be enforced by calculating the total number of trees and shrubs provided per the tree and shrub-to-building ratio above.
8. The Applicant/Developer agrees to incorporate the entry features as depicted in the submitted Spangler Farm Landscape Details, which includes 6 trees on each side of the entrance way with a hedge, low shrubs, and perennial and annual flowers in front. The entry features, including stone column and signage, may be modified or excluded should alternative landscaping, such as ponds, trees, and/or neighborhood-scale landscaping, be installed in an effort to maintain the existing rural character of Spangler Road.
9. Any landscaping specified in the attached Spangler Farm Landscape Details may be relocated due to final engineering of the site, including site access, parking, drive aisles and building footprint, with the approval of the Administrator, Building Services Division, Department of Development.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. To facilitate that building materials shall be traditional and natural in appearance, primary exterior building materials, other than window, door and roof materials, shall consist of one or more of the following: brick, wood trim and/or vinyl siding. Buildings shall be finished on all sides/elevations with the same level and quality of finish.
2. Minimum Dwelling Unit Size:
The Net Floor Area for Living Quarters, as defined in the Columbus Zoning Code, per dwelling unit (square feet) shall be as follows a minimum 1,500 square feet.
a. The units will range from a minimum of 1,100 to 1,500 square feet.
3. Garages:
a. All units will have at least a one-car garage.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All light fixtures shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
2. All new or relocated utility lines shall be installed underground.
3. The height of the lighting poles shall be no greater than 12 feet from the elevation of the soil finished elevation where installed.
4. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage onto neighboring property.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the AR-12, Apartment Residential District. Any variance to the applicable sign requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. Parkland Dedication Commitments: Applicant/Developer will make a monetary contribution to the Recreation and Parks Department. Said contribution will be made prior to zoning clearance.
2. Sidewalks: Internal sidewalks and a sidewalk out to Spangler Road will be provided and developed in accordance with the submitted Site Plan committed to hereunder.
3. Condominium Association: A condominium association will be formed prior to the occupancy of any unit. The association will be responsible for the maintenance of green space and common areas including, but not limited to, the maintenance of the landscaping obligations contained on the Site Plan Spangler Farm Landscape Details plan, and in this Limitation Text:
a. The Applicant/Developer agrees to use best management practices to ensure environmentally-sound care and maintenance of the general lawn and landscaping for the development. Where possible, the Applicant/ Developer will utilize natural and/or organic lawn care treatment products, for the care and maintenance of the lawn/landscaping for the development, with all products applied in strict accordance to label instructions. This requirement shall be incorporated in the condominium association documents, for continued use and administration by the condominium association, as well as be contained in a "good neighbor" statement to the "Kangas" property, parcel number 530-156569.
b. Further, the condominium association documents shall be prepared to include provisions whereby the condominium association maintains common areas, and has authority to make unit-by-unit repairs, so as to preclude non-maintenance situations. The condominium association shall be vested with authority to repair or "clean up" circumstances of non-maintenance and assess unit owners accordingly.
4. The subject site shall be developed in accordance with this Limitation Text and the submitted as well as the submitted Site Plan dated July 22, 2003, titled "Spangler Farm." The Site Plan Spangler Farm Landscape Details plan, which may be slightly adjusted to reflect engineering, topographical or other site data available at the time of development. Any slight adjustment to the Plans shall be reviewed and may be approved by the Director of the Department of Development Administrator, Building Services Division, Department of Development, or his/her 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.