Explanation
Rezoning Application Z11-016
APPLICANT: NP Limited Partnership Antares Park at Polaris LLC NP Limited Partnership c/o Dave Perry, The David Perry Co; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald T. Plank, Atty; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on June 9, 2011.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. Approval. The requested L-ARLD, Limited Apartment Residential District would permit multi-unit dwellings with a maximum net density of 14 units per acre. The site plan commits to preserving existing trees between the proposed development and the existing single-unit dwellings to the north. The applicant is also pursuing a concurrent Council Variance CV11-017 to shift the site to the south to provide more buffering to the adjacent single-unit dwellings to the north. Due to the transitional nature of the proposed use between the single-unit dwellings to the north and the commercial uses to the south and due to the large amount of commercial development already present in the area, deviation from the recommendations of The Far North Plan (1994) is supported. The proposal is consistent with the zoning and development patterns in the area. The Development Commission approved two plans, one with a T-Turnaround (Hammerhead) at the end of Barley Loft Drive and one without. The applicant is moving forward with the plan without the T-Turnaround which was a requirement of the Department of Public Service, Division of Planning and Operations. Without this turnaround, Staff must change our recommendation to disapproval.
Title
To rezone 9215 ANTARES AVENUE (43240), being 16.215.5 ± acres located at the terminus of Antares Avenue, 375± feet northeast of Polaris Parkway, From: L-C-4, Limited Commercial District, To: L-ARLD, Limited Apartment Residential District (Rezoning # Z11-016).
Body
WHEREAS, application #Z11-016 is on file with the Department of Building and Zoning Service requesting rezoning of 16.215.5 ± acres from L-C-4, Limited Commercial 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 a walking path along the parameter of the development to provide residents with opportunities to walk for daily physical activity; and
WHEREAS, the City Departments recommend disapproval approval of said zoning change because the requested L-ARLD, Limited Apartment Residential District would permit multi-unit dwellings with a maximum net density of 14 units per acre. The site plan commits to preserving existing trees between the proposed development and the existing single-unit dwellings to the north. The applicant is also pursuing a concurrent Council Variance CV11-017 to shift the site to the south to provide more buffering to the adjacent single-unit dwellings to the north. Due to the transitional nature of the proposed use between the single-unit dwellings to the north and the commercial uses to the south and due to the large amount of commercial development already present in the area, deviation from the recommendations of The Far North Plan (1994) is supported. The proposal is consistent with the zoning and development patterns in the area Development Commission approved two plans, one with a T-Turnaround (Hammerhead) at the end of Barley Loft Drive and one without. The applicant is moving forward with the plan without the T-Turnaround which was a requirement of the Department of Public Service, Division of Planning and Operations. Without this turnaround, Staff must change our recommendation to disapproval, 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:
9215 ANTARES AVENUE (43240), being 16.215.5± acres located at the terminus of Antares Avenue, 375± feet northeast of Polaris Parkway, and being more particularly described as follows:
Description of a 16.204 Acre Tract for Zoning Purposes Only.
Situated in the State of Ohio, County of Delaware, City of Columbus and being all out of a 36.115 acre tract conveyed to NP Limited Partnership, an Ohio limited partnership as recorded in Official Record Book 268, Page 2248 all references to records being on file in the Delaware County Recorder's Office, said 16.204 acres being more fully described herein;
Beginning for reference at the intersection of Polaris Parkway as recorded in Plat Book 24, Page 137 and Antares Avenue as recorded in Official Record Book 727, Page 999;
Thence with the centerline of Antares Avenue North 61° 38' 02" East a distance of 525.00 feet to a point;
Thence leaving said centerline North 28° 21' 59" West a distance of 30.00 feet to a point in the northwesterly right-of way of said Antares Avenue and the True Point of Beginning;
Thence with said right-of-way bearing South 61° 38' 01" West a distance of 173.47 feet to a point;
Thence crossing said 36.115 acre tract with the following 6 courses:
North 36° 00' 07" West a distance of 127.44 feet to a point;
North 41° 17' 33" West a distance of 251.99 feet to a point;
North 49° 23' 54" West a distance of 245.79 feet to a point;
North 57° 38' 00" West a distance of 263.06 feet to a point;
North 64° 33' 08" West a distance of 85.53 feet to a point;
North 03° 08' 46" East a distance of 72.41 feet to a point in a northerly line of said 36.115 acre tract;
Thence with northerly lines of said 36.115 acre tract with the following 3 courses:
South 86° 51' 07" East a distance of 414.92 feet to a point;
North 02° 56' 44" East a distance of 68.93 feet to a point;
South 86° 51' 07" East a distance of 1165.29 feet to a point;
Thence with easterly lines of said 36.115 acre tract with the following 2 courses:
South 03° 05' 27" West a distance of 187.39 feet to a point;
South 03° 07' 33" West a distance of 269.47 feet to a point in the future northerly right of way of Antares Avenue;
Thence crossing said 36.115 acre tract and following said future right of way with the following 3 courses:
Following a Curve to the Left having a Delta Angle of 14° 07' 13", a Curve Length of 99.81 feet, a Radius of 405.00 feet, a Tangent Length of 50.16 feet, a Chord Bearing of North 83° 49' 54" East, and a Chord Distance of 99.56 feet to a point of compound curvature;
Following a Curve to the Left having a Delta Angle of 27° 28' 29", a Curve Length of 589.82 feet, a Radius of 1230.00 feet, a Tangent Length of 300.69 feet, a Chord Bearing of South 75°22'14" West, and a Chord Distance of 584.18 feet to a point;
South 61° 38' 00" West a distance of 18.68 feet to the Point of Beginning, containing 16.204 acres.
Description of a 15.526 Acre Tract for Zoning Purposes Only.
Situated in the State of Ohio, County of Delaware, City of Columbus and being all out of a 36.115 acre tract conveyed to NP Limited Partnership, an Ohio limited partnership as recorded in Official Record Book 268, Page 2248 all references to records being on file in the Delaware County Recorder's Office, said 16.204 acres being more fully described herein;
Beginning for reference at the intersection of Polaris Parkway as recorded in Plat Book 24, Page 137 and Antares Avenue as recorded in Official Record Book 727, Page 999;
Thence with the centerline of Antares Avenue North 61° 38' 02" East a distance of 525.00 feet to a point;
Thence leaving said centerline North 28° 21' 59" West a distance of 30.00 feet to a point in the northwesterly right-of way of said Antares Avenue and the True Point of Beginning;
Thence with said right-of-way bearing South 61° 38' 01" West a distance of 173.47 feet to a point;
Thence crossing said 36.115 acre tract with the following 5 courses:
North 36° 00' 07" West a distance of 127.44 feet to a point;
North 41° 17' 33" West a distance of 251.99 feet to a point;
North 49° 23' 54" West a distance of 245.79 feet to a point;
North 57° 38' 00" West a distance of 83.04 feet to a point;
North 00° 20' 36" West a distance of 193.17 feet to a point in a northerly line of said 36.115 acre tract;
Thence with northerly lines of said 36.115 acre tract with the following 3 courses:
South 86° 52' 07" East a distance of 190.40 feet to a point;
North 02° 55' 21" East a distance of 59.16 feet to a point;
South 86° 47' 32" East a distance of 1165.47 feet to a point;
Thence with easterly lines of said 36.115 acre tract with the following 2 courses:
South 03° 06' 01" West a distance of 187.42 feet to a point;
South 03° 06' 45" West a distance of 268.59 feet to a point in the future northerly right of way of Antares Avenue;
Thence crossing said 36.115 acre tract and following said future right of way with the following 3 courses:
Following a Curve to the Left having a Delta Angle of 14° 07' 13", a Curve Length of 99.81 feet, a Radius of 405.00 feet, a Tangent Length of 50.16 feet, a Chord Bearing of North 83° 49' 54" West, and a Chord Distance of 99.56 feet to a point of compound curvature;
Following a Curve to the Left having a Delta Angle of 27° 28' 29", a Curve Length of 589.82 feet, a Radius of 1230.00 feet, a Tangent Length of 300.69 feet, a Chord Bearing of South 75°22'14" West, and a Chord Distance of 584.18 feet to a point;
South 61° 38' 01" West a distance of 18.68 feet to the Point of Beginning, containing 15.526 acres.
To Rezone From: L-C-4, Limited Commercial District
To: L-ARLD, Limited Apartment Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-ARLD, Limited Apartment Residential District on this property.
SECTION 3. That the Director of the Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved L- ARLD, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said text titled, "DEVELOPMENT TEXT L-ARLD, LIMITED APARTMENT RESIDENTIAL DISTRICT," and said plans titled, "PRELIMINARY SITE PLAN ANTARES PARK AT POLARIS 9215 ANTARES AVE, COLUMBUS, OHIO SHEETS 1 OF 2 AND 2 OF 2," all signed by Donald Plank, Attorney for the Applicant, all dated June 20 September 12, 2011, and the text reading as follows:
DEVELOPMENT TEXT
L-ARLD, LIMITED APARTMENT RESIDENTIAL DISTRICT
EXISTING DISTRICT: L-C-4, Limited Commercial District
PROPOSED DISTRICT: L-ARLD, Limited Apartment Residential District
PROPERTY ADDRESS: 9215 Antares Avenue, Columbus, OH 43240
OWNER: NP Limited Partnership Antares Park at Polaris LLC NP Limited Partnership c/o Dave Perry, David Perry Co., Inc., 145 East Rich Street, 3rd Flr., Columbus, OH 43215 and Donald Plank, Plank Law Firm, 145 East Rich Street, 3rd Flr., Columbus, OH 43215
APPLICANT: NP Limited Partnership Antares Park at Polaris LLC NP Limited Partnership c/o Dave Perry, David Perry Co., Inc., 145 East Rich Street, 3rd Flr., Columbus, OH 43215 and Donald Plank, Plank Law Firm, 145 East Rich Street, 3rd Flr., Columbus, OH 43215
DATE OF TEXT: June 20 September 12June 20, 2011
APPLICATION NUMBER: Z11-016
INTRODUCTION:
The subject property is 16.2 16.215.5 +/- acres located at the north terminus of Antares
Avenue, north of Polaris Parkway and northwest of Gemini Place. Applicant
proposes to develop the site with a multi-family residential use generally as
depicted on the site plan titled "Preliminary Site Plan, Antares Park at Polaris,
9215 Antares Avenue, Columbus, OH", Sheets 1 of 2 and Sheet 2 of 2, dated
June 20 June 20September 12, 2011 Development. Development ("Site Plan"). In conjunction with development of the site will include the extension of will include the extension of , Antares Avenue will be extended as a public street.. and Barley Loft Drive will be extended by 22 feet with a dedication of a 54' x 22 area. Council Variance application CV11-017 is a companion ordinance with this rezoning for variances to perimeter yard as specified in CV11-017.
1.PERMITTED USES: The permitted use of the site with withshall be multi-family residential development, as permitted in Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use, and accessory uses and structures.
2.DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333, Apartment Residential Districts, Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standards of the Columbus City Code shall apply.
A.Density, Height Lot and/or Setback Commitments.
1.Maximum site density Maximum site densityThere shall be 14 a maximum of 224 fourteen (14)dwelling units per net acre per net acre..
2.The Antares Avenue (extended) building setback line shall be fifty (50) feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Antares Avenue shall be extended as a public street to connect with Gemini Place.
2. Barley Loft Drive shall be extended by the dedication of right of way totaling 54 feet wide and 22 feet deep from the north property line of the site in alignment with existing Barley Loft Drive. Developer shall build the extension of Barley Loft Drive within the limits of the dedication.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1.Landscaping and open space shall be provided and maintained as depicted on the referenced plan.
2. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
3.The minimum size of all trees at installation shall be two (2) inch in caliper for deciduous trees, five (5) feet in height for evergreen trees, and one and one half (1 ½) inches in caliper for ornamental trees.
4. Street trees shall be provided along extended Antares Avenue at the rate of one (1) tree per 40 lineal feet.
5. The site plan delineates part of an existing stream within the north setback that will be piped. Within the delineated area (Site Plan, Sheet 1 of 1, Note 1), existing trees equal to or greater than 4 inch caliper that are removed will be replaced on a caliper inch basis. For example, if the total caliper inches removed of 4 inch caliper that are removed will be replaced on a caliper inch basis. For example, if the total caliper inches removed of 4 inch caliper trees or larger is 30 inches, then 30 caliper inches of new trees will be planted within the north setback. Prior to the removal of any trees in the designated area and prior to the approval of a Site Compliance Plan by the Columbus Recreation and Parks Department, developer and/or developers representative(s) shall walk the area with staff of the Columbus Recreation and Parks Department to mark the trees to be removed and determine the # of caliper inches to be replaced. The Site Compliance Plan shall depict the new trees and total caliper inches of the new trees that replace caliper inches of trees removed. The size of trees planted in the north setback to replace caliper inches of trees removed will be determined by the Columbus Recreation and Parks Department, but not to exceed two (2) inch caliper per tree buffer area that will be piped. setback that will be piped. Within the delineated area (Site Plan, Sheet 1 of 1, Note 1), existing trees equal to or greater than 4 inch caliper that are removed will be replaced on a caliper inch basis. For example, if the total caliper inches removed of 4 inch caliper trees or larger is 30 inches, then 30 caliper inches of new trees will be planted within the north setback. Prior to the removal of any trees in the designated area and prior to the approval of a Site Compliance Plan by the Columbus Recreation and Parks Department, developer and/or developers representative(s) shall walk the area with staff of the Columbus Recreation and Parks Department to mark the trees to be removed and determine the # of caliper inches to be replaced. The Site Compliance Plan shall depict the new trees and total caliper inches of the new trees that replace caliper inches of trees removed. The size of trees planted in the north setback to replace caliper inches of trees removed will be determined by the Columbus Recreation and Parks Department, but not to exceed two (2) inch caliper per tree
6. Within the north buffer area, which shall mean the site area north of the northernmost pavement and garage buildings and east of Barley Loft Drive (extended), sixty (60) caliper inches of deciduous trees shall be planted after the stream piping and site development is complete. There is no minimum caliper size of the individual trees to be planted, subject to a total of 60 caliper inches being planted.
7. The site plan (Sheet 2 of 2) depicts certain trees to be preserved in the area of the terminus of Barley Loft Drive near the north property line. The trees to be preserved shall be left undisturbed, but if the specific trees identified to be preserved die and/or are damaged and require removal, applicant shall have no obligation to replace them. The trees are only identified at the time of zoning as existing and to be preserved.
7. 78. The site plan (Sheet 2 of 2) depicts new mounding and tree planting to be installed in the area of the terminus of Barley Loft Drive near the north property line. The mounding will shall will be a maximum of three (3) feet high and have a maximum 3:1 3:1slope of 3:1. New tree planting shall be Norway or White Spruce, minimum 5 - 6 feet tall at planting and spaced 7 - 10 feet on center. A minimum of 4444 38 evergreen trees shall be planted. The new tree planting shall be subject to requirements of maintenance and replacement as specified in C.2. 54 feet lineal feet of 4-5 foot tall, wood, 3 or 4 rail fence, shall be installed approximately one (1) foot south of the extended Barley Loft Drive right of way with placement corresponding to the right of way width of the extension of Barley Loft Drive.
9. Fence(s) may be constructed at developer's discretion, subject to a maximum height of six (6) feet and in compliance with applicable City Code.
10. The Site Plan depicts a dashed line north of the north pavement, north garage buildings and stream piping area. As indicated on the Site Plan, this line is the approximate limits of site grading. The line shall be field marked before site grading begins.
D. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
1.All new or relocated utility lines on-site shall be installed underground unless the applicable utility company directs or requires otherwise.
2.Ladder stripping or other approved means of pavement marking shall be used to delineate pedestrian access to the refuse collection area and club house/pool facility.
E.Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it
applies to the ARLD, Apartment Residential District. All signage shall be
monument style or shall be incorporated into an entrance feature. Any variance
to the applicable sign requirements of the ARLD, Apartment Residential District
shall be submitted to the Columbus Graphics Commission.
F. Miscellaneous.
1.The developer shall comply with applicable monetary payment requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. Development of the site shall generally be in accordance with the site plan
titled "Preliminary Site Plan, Antares Park at Polaris, 9215 Antares Avenue, Columbus, OH", Sheets 1 of 2 and Sheet 2 of 2, dated September 12, June 2June 20, 2011 and signed by David B. Perry, Agent, and Donald Plank, Attorney. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to any of the drawings shall be reviewed and may be approved by the Director of the Building and Zoning Services Department 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.