Explanation
Amendment Z99-114A
Ordinance No. 0864-01, passed on June 4, 2001 (Z99-114), rezoned 37.11± acres to the PUD-8, Planned Unit Development District. That rezoning established specific development standards in accordance with a development text and registered site plan. This legislation will amend Ordinance No. 0864-01 to modify the PUD plan and text to reflect a change in the approved rear yard from thirty (30) feet to twenty-five (25) percent for twenty-four (24) cul de sac lots, to clarify the landscaping commitments, and to replace the existing site plan with a new site plan that incorporates said changes. All other conditions and restrictions of Ordinance No. 0864-01 remain in effect and are unchanged by this legislation.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance No. 0864-01, passed on June 4, 2001 (Z99-114), to modify the PUD-8, Planned Unit Development District plan and text on property located at 4097 ALKIRE ROAD (43228), being 37.11± acres located on the south side of Alkire Road, 1400± feet east of Demorest Road and to declare an emergency. (Z99-114A)
Body
WHEREAS, Ordinance No. 0864-01, passed on June 4, 2001 (Z99-114), established the PUD-8, Planned Unit Development District on property located at 4097 ALKIRE ROAD (43228), being 37.11± acres located on the south side of Alkire Road, 1400± feet east of Demorest Road; and
WHEREAS, it is necessary to amend the PUD-8 development text identified in Section 3 of said Ordinance to allow minor alterations to the existing text commitments, and to replace the existing site plan; 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 as the applicant is bound by contractual obligations in connection with this rezoning amendment, which obligations must be met as soon as possible to proceed with those contracts and ensure compliance with the Zoning Code; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, all other aspects of the PUD-8 development text and plan contained in Ordinance No. 0864-01 are unaffected by this amendment and remain in effect, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That t Section 3 of Ordinance No. 0864-01, passed on June 4, 2001 (Z99-114), be hereby repealed and replaced with a new Section 3 and reading as follows:
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, "ALKIRE HOMESTEAD," and said notes being titled, "PUD PLAN NOTES," both signed by Laura MacGregor Comek, Attorney for the applicant, dated December 28, 2005, and the notes reading as follows:
DEVELOPMENT TEXT PUD PLAN NOTES
PROPOSED DISTRICT: PUD-8 District
CURRENT ZONING: PUD-8, Planned Unit Development District
PROPOSED ZONING: PUD-8, Planned Unit Development District
PROPERTY ADDRESS: 4097 Alkire Road, Columbus, Ohio
PROPERTY OWNER: Allmon Associates, L.L.C.
APPLICANT: Allmon Associates, L.L.C.
DATE OF TEXT: May 7, 2001 December 28, 2005
APPLICATION NUMBER: Z99-114(A)
DEVELOPMENT STANDARDS:
SITE DATA:
1. Gross Area 36.70± Acres
2. R/W Area 7.20 Acres
3. Net Area 29.50 Acres
4. Net Density 6.71 Lots/acre
5. Open Space Req'd 3.40 Acres
6. Open Space Prov'd 3.70 Acres
PUD PLAN NOTES:
1. Maximum No. of Lots 198 Lots
2. Minimum Side Yard 5 Feet
3. Minimum Building Setback 25 Feet
4. Minimum Rear Yard 30 Feet
(a) The minimum rear yard shall be thirty (30) feet for all lots, except those described in Section 4(b), below.
(b) The minimum rear yard for cul-de-sac lots shall be 25%. The lots subject to this 25% minimum rear yard are Lot Numbers 138, 145, 146, 139, 144, 140, 143, 126, 125, 132, 141, 142, 126, 131, 107, 106, 115, 116, 127, 130, 108, 113, 128, 129, 109, 113, 112, 110, and 111, as numbered on the site plan submitted with this rezoning amendment. (See attached "Effected Lot List" for cross-reference of lot numbers and assigned street addresses).
5. The Privacy fence along lots 47 through 42 and lots 187 through 198 shall be owned and maintained by the Homeowners' Association.
6. All open space and landscape buffer areas owned and maintained by Homeowners' Association, except as noted in Landscaping Notes.
7. Developer shall contribute the fixed sum of Twelve Thousand Dollars ($12,000.00) to the City's City of Columbus Recreation and Parks Department at the time of final platting of the second phase of the development. This contribution fulfills the developer's parkland dedication requirement.
8. No permanent structure may be constructed within a thirty-foot (30 ft.) area, measured from the rear property line on lots number 75 through 94. A construction fence will be installed during construction to delineate this area, and siltration controls will be installed in this area to protect trees on adjoining properties.
TRAFFIC-RELATED COMMITMENTS:
1. A. Developer shall pay, at the time of approval of final engineering plans of the first phase of the development, the fixed sum of Thirty-Five Thousand Dollars ($35,000.00) to the City of Columbus, to be utilized for the improvement to the intersection of Holt and Alkire Roads.
2. B. Developer shall build a left turn lane on westbound Alkire Road at the access intersection into the development or post a letter of credit to build said left turn lane prior to application to the appropriate government agency for access permits to the site from Alkire Road.
3. C. The ingress and egress point to the site from Alkire Road will be located so that vehicular headlight beams from traffic on the development road approaching Alkire Road do not shine directly into the home where it is currently located on the north side of Alkire Road, at 4046 Alkire Road.
LANDSCAPE NOTES:
1. Minimum tree size at the time of planting shall be: 2.5-inch caliper for deciduous; 1.5-inch caliper for ornamental; 5 feet in height for evergreen. Dead or decaying materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
Deciduous = 2.5 inch caliper
Ornamental = 1.5 inch caliper
Evergreen = 5 Foot
2. Minimum number of trees within the landscape buffer on the Alkire Road frontage shall be 20 trees.
3. Minimum number of trees within the landscape buffer along Lots 1 through 5 shall be 17 trees. The buffer to be shall be maintained by the adjacent homeowner.
4. One street tree shall be planted per lot.
5. Developer shall install evergreen trees to supplement the existing tree line, at a rate of 4 per 100 lineal feet, which exists along the rear of the cul-de-sac lots (Numbered on the Development Plan as Lot Nos. 144-110), within the 3-acre open space area. The trees shall be placed at or about the top of the earthen mound, and may be evenly spaced at 25-foot intervals or grouped so as to supplement the existing trees/tree line.
6. The earthen mound shall be seeded for grass. The mounding and trees shall be maintained by the homeowners' association.
MISCELLANOUS:
1. The Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests limited to only site development standards, including any and all specific site development standards included in and depicted on the site plan.
2. The subject site shall be developed in accordance with the submitted site plan. 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 is subject to review and approval by the Director of the Department of Development, or his/her designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 2. That the existing Section 3 of Ordinance No. 0864-01, passed on June 4, 2001 (Z99-114) is hereby repealed.
SECTION 3. 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.