Explanation
Rezoning Application: Z03-124.
APPLICANT: Dominion Homes; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on March 11, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-68, Planned Unit Development District would permit single-family residential development consistent with land use patterns of the area at a density lower than that allowed by the existing AR-1 and L-AR-12, Apartment Residential zoning districts. The applicant proposes a maximum of 177 detached single-family dwellings with two-car garages located along alleys and a density of 5.8 dwelling units per acre, with 6.9± acres of open space. The PUD-8 development plan and notes address site access, right-of-way dedication, sidewalks, building setbacks, minimum separation between buildings, side and rear yard requirements, maneuvering setbacks for parking located between garages and alleys, street trees and on-site tree preservation, lighting, on-street parking and associated signage, commitments to provide towing contracts and allow the City of Columbus to enforce parking restrictions, and procedures to vary development standards.
Title
To rezone 1420 MCNAUGHTEN ROAD (43232), being 30.465 ± acres located on the east side of McNaughten Road at the terminus of Riverton Road, From: AR-1, Apartment Residential and L-AR-12, Limited Apartment Residential Districts, To: PUD-8, Planned Unit Development District and to declare an emergency (Rezoning # Z03-124).
Body
WHEREAS, application #Z03-124 is on file with the Building Services Division of the Department of Development requesting rezoning of 30.465± acres from the AR-1, Apartment Residential and L-AR-12, Limited Apartment Residential Districts to the PUD-8, 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 begin constuction 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-68, Planned Unit Development District would permit single-family residential development consistent with land use patterns of the area at a density lower than development allowed by the existing AR-1 and L-AR-12, Apartment Residential zoning districts. The applicant proposes a maximum of 177 detached single-family dwellings with two-car garages located along alleys and a density of 5.8 dwelling units per acre, with 6.9± acres of open space. The PUD-8 development plan and notes address site access, right-of-way dedication, sidewalks, building setbacks, minimum separation between buildings, side and rear yard requirements, maneuvering setbacks for parking located between garages and alleys, street trees and on-site tree preservation, lighting, on-street parking and associated signage, commitments to provide towing contracts and allow the City of Columbus to enforce parking restrictions, and procedures to vary development standards; 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:
1420 MCNAUGHTEN ROAD (43232), being 30.465± acres located on the east side of McNaughten Road at the terminus of Riverton Road, and being more particularly described as follows:
ZONING DESCRIPTION: 30.4 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 21, Township 12, Range 21, Refugee Lands, being part of the 47.846 acre tract conveyed as Parcel 1, all of the One Acre tract conveyed as Parcel 2 to East Main Centers - 1, LLC by deed of record in Instrument Number 199803230065713, and part of the 3.621 acre tract conveyed to Bernard R. Ruben by deed of record in Official Record 5503I06, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point in the westerly line of "IDLEWILD MANOR", a subdivision of record in Plat Book 20, Page 15, at the southeasterly corner of said 47.846 acre tract;
The following five (5) courses and distances along the southerly lines of said 47.846 and One acre tracts:
1. Thence North 85° 34' 15" West, distance of 607.48 feet, to a point;
2. Thence North 04° 03' 00" East, a distance of 195.72 feet, to a point;
3. Thence North 85° 34' 15" West, a distance of 398.66 feet, to a point;
4. Thence South 04° 01' 00" West, a distance of 63.49 feet, to a point;
5. Thence North 85° 35' 00" West, a distance of 353.78 feet, to a point in the centerline of McNaughten Road at the southwesterly corner of said One acre tract;
Thence North 04° 01' 00" East, a distance of 874.25 feet, along said centerline of McNaughten Road and westerly lines of said One, 47.846, and 3.621 acre tracts, to a point;
Thence South 85° 34' 15" East, a distance of 354.22 feet, across said 3.621 acre tract, to a point in the line common to said 3.621 and 47.846 acre tracts;
Thence North 04° 03' 00" East, a distance of 79.07 feet, along said common line, to a point;
Thence South 85° 49' 56" East, a distance of 1007.12 feet, across said 47.846 acre tract, to a point in the line common to said 47.846 acre tract and "IDLEWILD MANOR";
Thence South 04° 06' 04" West, a distance of 1090.06 feet, along said common line, to the True Point of Beginning, containing 30.4 acres, more or less.
This description was written from record information only and should not be considered a boundary survey.
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Half Section 21, Section 14, Township 12, Range 21 of the Refugee Lands, being 27.774 out of an original 47.846 acre tract conveyed to East Main Centers-I LLC by Instrument Number 199803230065713, being all of a 1 acre tract conveyed to East Main Centers-I LLC by Instrument Number 200206270158440, and 1.878 acres out of an original 3.621 acre tract conveyed to Bernard R. Ruben by Instrument Number 05503 I 06 and being more particularly described as follows:
COMMENCING at a point at the intersection of the centerlines of Main Street (National Road U.S. 40) and McNaughten Road;
Thence South 04 deg. 13' 49" West, with the centerline of said McNaughten Road being the westerly line of said Half Section 21, a distance of 941.07 feet to a point;
Thence South 85 deg. 26' 20" East, a distance of 40.00 feet to a point in the easterly right-of-way line of McNaughten Road and the TRUE PLACE OF BEGINNING of the tract herein described;
Thence from said TRUE PLACE OF BEGINNING, continue South 85° 26' 20" East, through a 3.621 acre tract conveyed to Bernard R. Ruben by Instrument Number 05503 I 06, a distance of 314.84 feet to a point in the east line of said 3.621 acre tract and the west line of a 47.846 acre tract conveyed to East Main Centers-I LLC by Instrument Number 199803230065713;
Thence North 04 deg. 13' 01" East, along the easterly line of said 3.621 acre tract and the westerly line of said 47.846 acre tract, a distance of 98.01 feet to a point;
Thence South 85 deg. 23' 33" East, through said 47.846 acre tract, a distance of 1008.37 feet to a point in the westerly line of the Idlewild Manor Extension Addition recorded in Plat Book 20, Page 15;
Thence South 04 deg. 12' 06" West, along the westerly line of said Idlewild Manor Extension Addition, a distance of 1103.94 feet to a point at the northeasterly corner of an original 21.603 acre tract conveyed to McNaughten Woods, LP by Instrument Number 199910080254521;
Thence North 85 deg. 27' 49" West, along the northerly line of said 21.603 acre tract, a distance of 610.05' feet to the southeast corner of a 1.8 acre tract conveyed to Columbia Gas Transmission Corp. by Deed Book 3176, Page 194;
Thence North 04 deg. 12' 46" East, along the easterly line of said 1.8 acre tract, a distance of 196.33 feet to the northeast corner of said 1.8 acre tract;
Thence North 85 deg. 24'27" West, along the northerly line of said 1.8 acre tract, a distance of 398.60 feet to the northwest corner of said 1.8 acre tract;
Thence South 04 deg. 13' 01" West, along the westerly line of said 1.8 acre tract, a distance of 63.52 feet to a point at the northeasterly corner of an original 0.961 acre tract conveyed to Columbia Gas Transmission Corp. by Instrument Number 11080 I 08;
Thence North 85 deg. 25' 07" West, along the northerly line of said 0.961 acre tract and a 0.122 acre tract conveyed to the City of Columbus by Instrument Number 01189 J 10, a distance of 354.77 feet to a point in the centerline of McNaughten Road;
Thence North 04 deg. 11' 42" East, along the centerline of said McNaughten Road, a distance of 456.57 feet to an angle point;
Thence North 04 deg. 13' 49" East, along the centerline of said McNaughten Road, a distance of 157.43 feet to a point;
Thence South 85 deg. 26' 20" East, a distance of 40.00 feet to a point in the easterly right-of-way line of McNaughten Road;
Thence North 04 deg. 13' 49" East, along said easterly right-of-way line of McNaughten Road, a distance of 259.84 feet to the TRUE PLACE OF BEGINNING.
Containing 30.655 acres, more or less.
Subject, however, to all easements, restrictions, and rights-of-way of record, if any.
The above descriptions is based on and referenced to a Plat of Survey entitled "Exhibit of 30.655 Acres for Zoning Purposes." dated March 26, 2004 by Floyd Browne Associates, Inc. of Delaware.
To Rezone From: AR-1, Apartment Residential and L-AR-12, Limited Apartment Residential Districts,
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 plan being titled, "DEVELOPMENT PLAN - PUD-8, MCNAUGHTEN GREEN" dated March 2, 2004, intersection details titled "STANDARD INTERSECTION DETAILS" dated March 2, 2004, and McNaughten Road landscaping plan titled "ENTRY LANDSCAPE PLAN" dated March 12, 2004, all signed on May11, 2004 by Jeffrey L. Brown, Attorney for the Applicant.
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.