Explanation
Rezoning Application # Z09-018
APPLICANT: Edwards Communities Development Company; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street; Columbus, OH 43215.
PROPOSED USE: Zoning text amendment for a previously approved multi-family development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 8, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This rezoning would make revisions to the L-ARLD text to increase the height district, allow a different light fixture and allow for vinyl siding. The proposal would maintain the 15.0 dwelling unit per acre limit already in place. The applicant will file a concurrent Council variance to allow the adjacent parcel to count toward the site's density. With those considerations, Staff finds the proposed rezoning to be consistent with the zoning and development patterns of the area.
Title
To rezone 3198 MILL RUN DRIVE (43026), being 15.8± acres located northeast of the intersection of Woods Mill Drive and Mill Run Drive, From: L-ARLD, Limited Apartment Residential District, To: L-ARLD, Limited Apartment Residential District. (Rezoning # Z09-018).
Body
WHEREAS, application #Z09-018 is on file with the Building Services Division of the Department of Development requesting rezoning of 15.8± acres From: L-ARLD, Limited Apartment Residential District, To: L-ARLD, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has 1) Five foot wide sidewalks which have been shown to increase walkability; 2) Centrally located bike racks for employees that ride their bike by choice or because of limited alternatives 3) Internal sidewalks are connected and connect to the walking path around the pond; and
WHEREAS, the City Departments recommend approval of said zoning change because this rezoning would make the revisions to the L-ARLD text to increase the height district, allow a different light fixture and allow for vinyl siding. The proposal would maintain the 15.0 dwelling unit per acre limit already in place. The applicant will file a concurrent Council variance to allow the adjacent parcel to count toward the site's density. With those considerations, Staff finds the proposed rezoning to be 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:
3198 MILL RUN DRIVE (43026), 15.8± acres located northeast of the intersection of Woods Mill Drive and Mill Run Drive, and being more particularly described as follows:
DESCRIPTION
15.800 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Parcel E of Mill Run Subdivision Street and Easement Dedication Plat Section 2 of record in Plat Book 64, Page 38, and Conveyed to the Upper Arlington Lutheran Church by deed of record in Official Record 17674 E13 (all reference refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for reference, at a magnetic nail set at the centerline intersection of Mill Run Drive and Woods Mill Drive as delineated on the said Mill Run Subdivision Street and Easement Dedication Plat Section 2;
thence with a curve to the right and the centerline of said Mill Run Drive having a central angle of 33° 19' 00", a radius of 550.00 feet, an arc length of 319.82 feet, and a chord bearing and distance of South 62° 45' 35" West, 315.33 feet to a point;
thence North 10° 34' 55" West, across the right-of-way of Mill Run Drive, a distance of 30.00 feet to a 3/4 inch iron pipe found on the northerly right-of-way line of said Mill Run Drive the southerly line of said Parcel E and the True Point of Beginning;
thence with the northerly right-of-way of said Mill Run Drive the following courses and distances:
South 79° 25' 05" West, a distance of 366.05 feet to a 3/4 inch iron pipe found at a point of curvature;
With the arc of a curve to the right, having a central angle of 32° 20' 02", a radius of 720.00 feet, an arc length of 406.32 feet, and a chord bearing and distance of North 84° 24' 54" West, 400.95 feet to an iron pipe set;
Thence North 27° 43' 42" East across said Parcel E, a distance of 625.55 feet to an iron pipe set on the southerly property line of that 12.005 acre tract conveyed to Mill Run Owners' Association by Official Record 9602 E03;
Thence with the southerly line of said 12.005 acre tract the following courses and distances:
With the arc of a curve to the left, having a central angle of 118° 10' 29", a radius of 220.00 feet, an arc length of 453.76 feet, and a chord bearing and distance of North 44° 30' 16" East, 377.50 feet to a 3/4 inch iron pipe found;
North 32° 52' 27" East, a distance of 100.00 feet to an iron pipe set;
North 62° 56' 55" East, a distance of 100.00 feet to a 3/4 inch iron pipe found;
South 86° 34' 26" East, a distance of 100.00 feet to a 3/4 inch iron pipe found;
Thence across said Parcel E the following courses and distances:
South 66° 39' 41" East, a distance of 178.24 feet to an iron pipe set;
North 82° 42' 42" East, a distance of 62.95 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 92.91 feet to an iron pipe set;
South 81° 45' 29" West, a distance of 60.00 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 119.00 feet to an iron pipe set;
South 81° 45' 29" West, a distance of 30.00 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 143.00 feet to an iron pipe set;
Thence North 81° 45' 29" East, with a line projected from and the southern line of "The Millington Condominium at Mill Run" of record in Condominium Plat Book 143, Page 81, a distance of 198.62 feet to an iron pipe set on the westerly right-of-way line of said Mill Run Drive;
Thence with the arc of a curve to the right and said westerly right-of-way line having a central angle of 80° 23' 06", a radius 520.00 feet, an arc length of 729.55 feet, and a chord bearing and distance of South 39° 13' 32" West, 671.17 feet to the TRUE POINT OF BEGINNING and containing 15.800 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The Bearings herein are based on the Ohio State Plane Coordinate System (South Zone) NAD83 (1986 Adjustment). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by Franklin County Engineering Department Monuments "FCGS 6652 RESET" and "FCGS 0005 RESET". The centerline of Mill Run Drive, having a bearing of South 79°25'05" West, is the Basis of Bearings.
This description is based on an actual field survey performed by or under the direct supervision of Michael O. Wanchick, Registered Surveyor Number 7854 in June 2009.
To Rezone From: L-ARLD, Limited Apartment Residential District,
To: L-ARLD, Limited Apartment Residential District.
SECTION 2. That a Height District of Sixty (60) feet is hereby established on the L-ARLD, 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-ARLD, 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 lighting exhibit being titled, "SPECIFICATIONS," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated October 19, 2009, and said text being titled, "TEXT, " signed by Jeffrey L. Brown, Attorney for the Applicant, and dated January 19, 2010, and reading as follows:
TEXT
PROPOSED DISTRICTS: L-ARLD
PROPERTY ADDRESS: 3198 Mill Run Drive
OWNER: Upper Arlington Lutheran Church
APPLICANT: Edwards Communities Development Company
DATE OF TEXT: 1/19/10
APPLICATION: Z09-018
1. INTRODUCTION: This property is part of the overall Mill Run development (Subarea 5B). Subarea 5B consists of vacant ground, retention pond and a church and is zoned L-ARLD. The last zoning action on this subarea occurred in Z92-078. The purpose of this rezoning is to adjust the development standards on the 15.875 acres of vacant ground to accommodate the proposed multi-family development in this part of Subarea 5B. Vinyl is being added to the list of permissible building materials, the maximum height for the building is being increased from 35 feet and the current light fixture is being replaced with a decorative lighting fixture.
2. PERMITTED USES: All uses permitted within Chapter 3333 Apartment Districts, Section 3333.02 ARLD. The density of the overall Subarea 5B (Z92-078 and Z09-018) shall not exceed 15 dwelling units/acre. The 12.005 acre Retention Pond located within Subarea 5B, which is owned by Mill Run Owners' Association, shall be included in the density calculation for development of Subarea 5B (CV09-026). However, and as established in the Deed Restrictions for the entire Mill Run project, the Retention Pond may not be used for development of dwelling units but shall continue to serve as a retention pond for the Mill Run project and for certain temporary special events authorized by the Deed Restrictions for Mill Run and by the Mill Run Owners' Association.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text the applicable development standards are contained in Chapter 3333 of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements:
1. All building and parking areas shall be setback 30 feet from the street right-of-way.
2. Building heights for multi-family buildings within the 15.8 acres of vacant ground in Subarea 5B shall not exceed 46 feet maximum (except for the chimneys which may be an additional 5 feet in height).
B. Access, Loading, Parking and/of Traffic Related Commitments:
All curb cuts from public streets to private property shall be subject to the applicable standards, rules and policies of the City of Hilliard.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
1. All trees shall meet the following minimum size at the time of planting: shade trees 2 ½ in caliper; ornamental trees 1 ½ in caliper and evergreen trees 5 feet in height. Tree caliper is measured 6 inches from the ground.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
D. Building Design and/or Interior-Exterior Treatment Commitments:
All exterior building materials will be of brick, stucco, vinyl, concrete, glass, wood or stone individually or in any combination thereof. All loading and storage areas will be screened from the street or public view.
E. Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental Commitments:
1. All electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent property.
2. The multi-family development shall use a decorative style fixture (see exhibit titled "Specifications 8279 Series").
F. Graphics and Signage Commitments:
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the ARLD zoning classification. Any variance to those requirements shall be submitted to the Columbus Graphics Commission for its consideration.
G. Miscellaneous:
1. There shall be an internal sidewalk connection to the walking path around the detention pond north of the subject site.
2. There shall be internal sidewalk connection to the proposed public sidewalk along Mill Run Drive.
3. A bike rack shall be installed near the clubhouse building.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.