Explanation
Rezoning Application # Z05-039
APPLICANT: State Street Realty Partners, LLC; c/o Jill Tangeman, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Four-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 11, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-R-4, Limited Residential District is compatible with the development and zoning patterns of the area. The limitation text and site plan restrict density to 4.96 dwelling units per acre, permitting a maximum of 32 dwellings, and address building and pavement setbacks, emergency access through the subdivision to the west, parking restrictions, outdoor lighting restrictions, open space, buffering and landscaping requirements. The site is located within Subarea J2 of the Far North Plan (1994) which supports infill residential development that is compatible with existing residential development.
Title
To rezone 2792 EAST POWELL ROAD (43035), being 6.45± acres located on the south side of East Powell Road, 130± feet west of Prestwick Green Drive, From: R, Rural District, To: L-R-4, Limited Residential District and to declare an emergency (Rezoning # Z05-039).
Body
WHEREAS, application #Z05-039 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.45± acres From: R, Rural District, To: L-R-4, Limited Residential 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 pass this ordinance to begin construction 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 L-R-4, Limited Residential District is compatible with the development and zoning patterns of the area. The limitation text and site plan restrict density to 4.96 dwelling units per acre, permitting a maximum of 32 dwellings, and address building and pavement setbacks, emergency access through the subdivision to the west, parking restrictions, outdoor lighting restrictions, open space, buffering and landscaping requirements. The site is located within Subarea J2 of the Far North Plan (1994) which supports infill residential development that is compatible with existing residential development, 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:
2792 EAST POWELL ROAD (43035), being 6.45± acres located on the south side of East Powell Road, 130± feet west of Prestwick Green Drive, and being more particularly described as follows:
LEGAL DESCRIPTION
6.451 Acres
Situated in the State of Ohio, County of Delaware, Township of Orange, located in Farm Lot 21 of Section 4, Township 3, Range 18, United States Military Lands, being a portion of those 3.030 acre and 3.765 acre tracts (Parcels One and Two) as conveyed to Steve Vilardo by deed of record in Deed Book 454, Page 400 and known as PID #31842403011000, said 6.451 acres being more particularly bounded and described as follows:
Beginning at a point in the southerly right-of-way line of Powell Road (Township Road 14), being the northeasterly corner of lot 145 of that subdivision entitled "Denton Subdivision" of record in Plat Book 6, Page 63;
Thence S 88° 19' 25'' E, with the southerly right-of-way line of said Powell Road, a distance of 500.00 feet to a point in the westerly line of that subdivision entitled "Prestwick Green Section 1" of record in Cabinet 2, Slides 531, 531A and 531B, and being in the existing City of Columbus Corporation Line by Ordinance Number 1036-00 and of record in Cabinet 2, Slide 402;
Thence S 01° 10' 00'' W, with the westerly line of said "Prestwick Green Section 1", being said corporation line, a distance of 562.00 feet to the northeasterly corner of lot 28 of said "Prestwick Green Section 1";
Thence N 88° 19' 25'' W, with a northerly line of said "Prestwick Green Section 1" and the northerly line of that 2.330 acre tract as conveyed to Sepehr and Christine Van Atta Parvin by deed of record in Official Record 362, Page 452, continuing with said corporation line, a distance of 500.00 feet to a point in the easterly line of lot 418 of that subdivision entitled "Resubdivision of Denton Subdivision" of record in Plat Book 14, Page 50;
Thence N 01° 10' 00'' E, with the easterly line of said "Resubdivision of Denton Subdivision" and the easterly line of lot 145 of said "Denton Subdivision", a distance of 562.00 feet to the True Point of Beginning, and containing 6.451 acres, more or less as calculated by the above courses, all of which lies within Farm Lot 21 of said Section, Township and Range. The above description was written by Clark E. White, P.S. #7868 on February 7, 2005.
All references used in this description can be found at the Delaware County Recorder's Office, Delaware County, Ohio. The Basis of Bearings is based upon that plat entitled "Prestwick Green Section 1" of record in Cabinet 2, Slides 531, 531A and 531B, in which the centerline of Powell Road has a bearing of S 88° 19' 25'' E.
To Rezone From: R, Rural District,
To: L-R-4, Limited Residential District
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-R-4, Limited 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-R-4, Limited Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled "WALKER PARK", and text being titled "LIMITATION OVERLAY TEXT", both signed by Jill Tangeman, Attorney for the Applicant , and both dated August 3, 2005, and the text reading as follows:
Limitation Overlay Text
Zoning District: L-R-4
Property Location: 6.451 +/- acres at 2792 East Powell Road, Columbus, Ohio
Applicant: State Street Realty Partners LLC
Owner: Steve Vilardo
Date of Text: August 3, 2005
Application No.: Z05-039
I. Introduction: The subject site is approximately 6.451 +/- acres located on East Powell Road. The site, currently owned by Steve Vilardo, was recently annexed to the City of Columbus.
The applicant is proposing to construct a low-density, multi-family dwelling development on the subject site. The units will be townhouse style units. Buildings will contain a maximum of four units and each unit will have a one-car garage. The building and parking setback from East Powell Road will be fifty (50) feet, in order to preserve the rural, single-family feel along East Powell Road. Units will be clustered internally on the site so that existing natural features can be preserved. The applicant is proposing to rezone the property to an R-4 district and will limit the number of units on the property to a total of thirty-two (32) dwelling units. A site plan, which is committed to by the applicant, is attached hereto as Exhibit A.
II. Permitted Uses: The development will include eight four-unit multi-family buildings with a total of thirty-two (32) dwelling units.
III. Development Standards: Unless otherwise indicated in this text, the applicable development standards of Chapter 3332 of the Columbus City Codes shall apply.
A. Density, Height and Setback Commitments
1. No more than a total of thirty-two (32) dwelling units shall be built.
2. No building shall be erected, altered, place or permitted to remain on the property other than four-unit multi-family dwelling unit buildings, not to exceed thirty-five feet in height, garages, a water meter building, and a community gazebo.
3. The building and parking setback from East Powell Road shall be fifty (50) feet. On the west side of the property, the building and pavement setback shall be twenty-five (25) feet. On the south side of the property, the building setback shall be sixty (60) feet and the pavement setback shall be twenty-five (25) feet. On the east side of the property, the building setback shall be forty (40) feet and the pavement setback shall be sixty-five (65) feet.
B. Access, Parking and/or Other Traffic Related Commitments.
1. Access shall be in accordance with the review and approval of the City of Columbus Division of Transportation. The applicant proposes to have one full access drive onto East Powell Road. An emergency access only with locked gate shall be installed to connect with Greentree Court in accordance with the attached site plan.
2. There will be no parking permitted at the main entrance. No parking signs will be posted as appropriate.
3. A sidewalk shall be installed along East Powell Road prior to the completion of the development. In addition, a sidewalk along one side of the internal main road shall be provided as identified on the attached site plan.
4. The applicant will dedicate the fee underlying the existing right-of-way easement to Delaware County to the City of Columbus along East Powell Road following approval of the rezoning and closing of the purchase of the subject property.
5. Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes. They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes. Fire hydrants shall be located on the side of the street where no parking is permitted.
The owner, developer, and/or the Condominium Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked 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 owner, developer, and/or Condominium Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.
The owners, developer, and/or Condominium Association 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 and alley/lanes.
Intersection details concerning turning radii, parking restrictions, and intersection configurations shall conform with the Fire Vehicle Access Plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. On the east and south side of the property, existing trees will be preserved as identified on the attached site plan. In addition, a four (4) foot mound and a four (4) foot split-rail fence shall be installed on the east and south side. Additional evergreens and shade trees will also be installed per the attached site plan.
2. On the west side of the property, existing trees will be preserved as identified on the attached site plan. Additional evergreens and shade trees will be installed adjacent to Building #8 as identified on the site plan.
3. Along East Powell Road, ornamental, shade and evergreen trees shall be installed as identified on the attached site plan.
4. Landscaping to be installed according to this text shall be a mixture of evergreen shade, ornamental and deciduous trees and shrubs as identified on the site plan. All trees shall meet the following minimum size at the time of planting: 2 1/2'' caliper for shade trees; 1 1/2'' caliper for ornamental trees; 5 feet in height for evergreen trees. Tree caliper is measured six (6) inches from the ground. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever occurs first.
5. The developer will be making a cash contribution in lieu of dedicating land for park use at the time of zoning clearance.
6. The existing pond on the site shall be permanently preserved and another pond shall be installed per the attached site plan. A mulch path shall be installed to provide a walking trail that will connect both ponds as identified on the site plan. Bank stabilization and habitat plantings will be installed around both ponds and a fountain will be installed in the existing pond on the west side of the site.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The main exterior building material shall be wood, wood composition, vinyl, brick, stone or cultured stone or a combination thereof. Fifty percent (50%) of each front building facade shall be brick or stone such that the unit will alternate between vinyl and brick /stone. The east side of Building #5 and the south side of Building #2 shall be brick or stone.
2. Dwelling units may be used as model homes for the purpose of marketing and sales. No more than two (2) units may be used for model homes at any time.
E. Dumpsters, Lighting, Outdoor Display and Other Environmental Commitments.
1. Lighting poles shall be cut-off fixture types. All lighting poles, signs, frames and/or supports shall be uniform and be either black or dark bronze in color. No pole shall exceed sixteen (16) feet in height.
2. Main entry features will be landscaped and lit with concealed uplights.
F. Graphics.
1. All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. The subject Site shall be developed in accordance with the rezoning site plan. The rezoning 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 shall be reviewed and may be approved by the Director of the Department of Development or his 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. 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.