Explanation
Rezoning Application: Z17-048
APPLICANT: Ciminello’s, Inc.; c/o Laura MacGregor Comek, Atty.; 300 East Broad Street, Suite 450; Columbus, OH 43215.
PROPOSED USE: Single-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 8, 2018.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel, bisected by Ulry Road, and zoned R, Rural District as the result of a recent annexation in the City of Columbus. The requested PUD-4, Planned Unit Development District, will permit the construction of 163 single-unit dwellings at a net density of 3.49 units per acre with 10.2 acres of provided open space. The development text and site plan detail permitted uses, open space requirements, street layout, no-build conservation areas, and development standards that address side yard, rear yard, and the depth and screening of certain lots. Additionally, commitments for traffic access, pedestrian pathways and sidewalks, landscaping, street trees, minimum square footage of dwellings, building materials, and Pay as We Grow and parkland dedication ordinance obligations are included. The site is within the boundaries of the Little Turtle District of the Northland Plan Volume II (2002), which recommends that residential development be single-unit dwellings at three units per acre. The proposed single-unit development is consistent with the Plan’s land use recommendation and is compatible with adjacent residential developments. Staff is supportive of the requested land use, overall density, and amount of open space provided, but would like to note that desired design features suggested by the Planning Division for pedestrian gateways and removal of the cul-de-sac on the portion of the site east of Ulry Road have not been included in the proposal.
Title
To rezone 6450 ULRY ROAD (43081), being 55± acres located on the east and west sides of Ulry Road, 1,000± feet north of Warner Road, From: R, Rural District, To: PUD-4, Planned Unit Development District (Rezoning # Z17-048) and to declare an emergency.
Body
WHEREAS, application # Z17-048 is on file with the Department of Building and Zoning Services requesting rezoning of 55± acres from R, Rural District, to PUD-4, Planned Unit Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed PUD-4, Planned Unit Development District will allow single-unit residential development that is consistent with the density and development standards recommended in the Northland Plan Volume II area plan, even though some desired design features were not included in the request;
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; 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:
6450 ULRY ROAD (43081), being 55± acres located on the east and west sides of Ulry Road, 1,000± feet north of Warner Road, and being more particularly described as follows:
DESCRIPTION OF 25 ACRES +/- WEST OF ULRY ROAD:
Situated in the State of Ohio, County of Franklin, Township of Blendon, being in Section 1, Township 2, Range 17, United States Military Lands, and being a portion of that 55 acres lying described in deed to McCorkle Soaring Eagles, LLC (PID: 110-000023-00), of record in Instrument 200504220075702, in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING, at a common corner of the existing City of Columbus Corporation Line (Ord. No. 0433-05- Instrument Number 200506220121135), and the existing City of Columbus Corporation Line (Ord. No. 0351-2015 - Instrument Number 201503300038706), also being at a corner of a tract of land owned by Frank P. and Pamela W. Cruz, of record in Instrument Number 201104290056047 said point being located on the westerly right of way line of Ulry Road;
Thence, SOUTHEASTERLY, a distance of 109 feet, more or less, with the said Existing City of Columbus Corporation Line (Ord. No. 0351-2015) and the west right of way line of Ulry Road, to a point;
Thence, SOUTHEASTERLY, a distance of 705 feet, more or less, continuing, with the said Existing City of Columbus Corporation Line (Ord. No. 0351-2015) and the west right of way line of Ulry Road, to a point on the south line of said 55 acres and at the northeast corner of a tract of land owned by Daniel R. and Amy M. Moore, of record in Instrument 201311050185927;
Thence WESTERLY, a distance of 1,600 feet, more or less, with the proposed City of Columbus Corporation Line, also the north line of the Daniel R. and Amy M. Moore tract, to a point at a common corner of said 55 acres and said Daniel R. and Amy M. Moore tract of land, also being in the east line of a tract of land owned by Teresa L. Haines, of record in Instrument Number 199611130227705;
Thence NORTHERLY, a distance of 754 feet, more or less, continuing with the a proposed City of Columbus Corporation Line, and the east line of the said Teresa L. Haines tract of land, also with the east line of a tract of land owned by Galina Grimcher (PID 110-003056), to a point at a common corner of the said 55 acres and the tract of land owned by C. Alice and Roy E. Buckley, of record in Instrument Number 200010160209546;
Thence, EASTERLY, a distance of 1,300 feet, more or less, continuing with the proposed City of Columbus Corporation Line, and the south line of the said C. Alice and Roy E. Buckley tract of land, the south line of the tract of land owned by William E. and Gail E. Lewis, the south line of the tract of land owned by Theodore F. Morris Jr. and Phylis A. Walker, of record in Instrument Number 199212220250000, and the south line of the tract of land owned by Frank P. and Pamela W. Cruz, of record in Instrument Number 201104290056047, to the POINT OF BEGINNING. Containing 25 acres, more or less.
This annexation description is a general description of the location of the property to be annexed and is not a boundary survey as defined in the O.A.C. Chapter 4733.37. The above description is for annexation purposes only and not intended to be used for the transfer of real property.
The above annexation contains a perimeter of 815 of lineal feet that is contiguous with the existing Corporation Line of the City of Columbus, and a total perimeter of 4,469 lineal feet to be annexed, and 18.2% of the perimeter length is contiguous to the City of Columbus Corporation Line.
DESCRIPTION OF 30 ACRES +/- EAST OF ULRY ROAD:
Situated in the State of Ohio, County of Franklin, Township of Blendon, being in Section 1, Township 2, Range 17, United States Military Lands, and being a portion of that 55 acres described in deed to McCorkle Soaring Eagles, LLC (PID: 110-000023-00), of record in Instrument 200504220075702, in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING, at a point on the existing City of Columbus Corporation Line (Ord. No. 0433-05- Instrument Number 200506220121135), same being at the common corner of the existing City of Columbus Corporation Line (Ord. No. 0351-2015 - Instrument Number 201503300038706) and the tract of land owned by Murphy Development Company/Asherton Grove, LLC, of record in Instrument Number 201207120099727, said point being located on the easterly right of way line of Ulry Road;
Thence EASTERLY, a distance of 1,772 feet, more or less, passing an angle point of an existing City of Columbus Corporation Line (Ord. No. 0731-01-Instrument Number 200106270145526) at a distance of 1216 feet, more or less, with the said Existing City of Columbus Corporation Line (Ord. No. 0433-05) and the south lines of said Murphy Development Company/Asherton Grove, LLC tract of land, a tract of land owned by Richard K. Cady tract of land, of record in Instrument Number 201504070043890, a tract of land owned by David F. and Pamela L. Markley, of record in Instrument Number 201503120030427, a tract of land owned by Nancy M. Kemp, of record in Instrument Number 196906180012625, and the tract of land owned by the City of Columbus Ohio (PID 010-058168-00), to a point an angle point of said existing City of Columbus Corporation Line (Ord. No. 0731-01);
Thence SOUTHERLY, a distance of 846 feet, more or less, continuing with the existing City of Columbus Corporation Line (Ord. No. 0731-01), and the west line of the said tract of land owned by City of Columbus Ohio to a point in the north line a tract of land owned by the City of Columbus Ohio (PID 010-058169);
Thence WESTERLY, a distance of 1,179 feet, more or less, continuing with the existing City of Columbus Corporation Line (Ord. No. 0731-01), and the north line of the said tract of land owned by the City of Columbus Ohio to a point at the southeast corner of 0.89 acre tract owned by Christopher F. Beale;
Thence NORTHERLY, a distance of 133 feet, more or less, with the proposed City of Columbus Corporation Line and the east line of the said 0.89 acres tract owned by Christopher F. Beale to a point;
Thence WESTERLY, a distance of 320 feet, more or less, continuing with the proposed City of Columbus Corporation Line, and the north line of the said 0.89 acre tract owned by Christopher F. Beale to a point in the Existing City of Columbus Corporation Line (Ord. No. 0351-2015), and the easterly Right of Way line of Ulry Road;
Thence NORTHWESTERLY, a distance of 681 feet, more or less, with the said existing City of Columbus Corporation Line (Ord. No. 0351-2015), and the easterly right of way line of the said Ulry Road, to a point;
Thence NORTHWESTERLY, a distance of 80 feet, more or less, continuing, with the said existing City of Columbus Corporation Line (Ord. No. 0351-2015), and the easterly right of way line of the said Ulry Road, to the POINT OF BEGINNING. Containing 30 acres, more or less.
This annexation description is a general description of the location of the property to be annexed and is not a boundary survey as defined in the O.A.C. Chapter 4733.37. The above description is for annexation purposes only and not intended to be used for the transfer of real property.
The above annexation contains a perimeter of 4,561 of lineal feet that is contiguous with the existing Corporation Line of the City of Columbus, and a total perimeter of 5,014 lineal feet to be annexed, and 91.0% of the perimeter length is contiguous to the existing City of Columbus Corporation Line
Parcel No: 110-000023
Known as address: 6450 Ulry Road, Columbus, OH 43081
To Rezone From: R, Rural District,
To: PUD-4, Planned Unit Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-4, Planned Unit Development District on this property.
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved PUD-4, Planned Unit Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.09 of the Columbus City Codes; said plans being titled, "DEVELOPMENT PLAN ULRY ROAD," dated February 21, 2018, and “DETAIL FENCE EXHIBIT”, dated March 25, 2018, and said text being titled, "PUD-4 DEVELOPMENT TEXT," all dated February 21, 2018 dated March 26, 2018, and all signed by Laura MacGregor Comek, Attorney for the Applicant, and the text reading as follows:
PUD-4 Development Text
Current Zoning District: R, Rural District
Requested Zoning District: PUD-4, Planned Unit Development District
Address: 6450 Ulry Road
Applicant: Ciminello’s Inc.; 567 Lazelle Rd. Westerville, Ohio 43081; Attn: ciminelloj@aol.com <mailto:ciminelloj@aol.com>; c/o Laura MacGregor Comek, Esq.; 300 E. Broad St., Suite 450; Columbus, Ohio 43215; 614.560.1488; laura@comeklaw.com <mailto:laura@comeklaw.com>
Owner: McCorkle Soaring Eagles, LLC
Date of Text: February 21, March 26, 2018
Application No.: Z17- 048
1. Introduction:
The Site is comprised of 55 +/- acres, bisected by and with frontage on both the east and the west sides of Ulry Road, located approximately 1500 feet south of the intersection of Central College and Ulry Roads and approximately 1100 feet north of the intersection of Warner and Ulry Roads.
For the Site area located on the west side of Ulry Road, the Site is surrounded by residential development developed in Blendon Township. The Site area located on the east side of Ulry Road, City of Columbus parkland is adjacent both south and east, and to the north of the Site is a condominium development commonly known as Asherton Grove sharing approximately 1200 feet of common property line with the Site, a single-family use sharing approximately 380 feet of common property line with the Site.
The property lies within the Northland Community Council planning area and is recommended for residential development up to a density of 3 units per acre. The proposed PUD-4 is consistent with the plan recommendation.
2. Permitted Uses: The development of a maximum of 163 single family dwelling units, along with open space and parkland shall be the Permitted Uses.
3. Development Standards: The Site shall be developed with single family dwelling units developed under the R-2 development standards as amended herein, and open space and parkland as shown on the attached site plan titled “Development Plan Ulry Road,” dated February 21, 2018.
A. Setbacks/Lot Dimensions/Lot Commitments
1. The minimum Side Yard permitted on one side of each lot may be a minimum zero (0) feet, provided that the sum of the widths of both side yards equal or exceeds twenty percent (20%) of the lot frontage, and that there is a minimum of ten feet (10’) of separation between dwelling units, and that there be, provided by plat, suitable maintenance easements on adjoining property.
2. Rear Yard shall be no less than 20% of the total lot area.
3. In ground improvements such as pools or hot tubs may be built in side yards provided they are a minimum of five feet (5’) away from adjacent dwelling unit.
4. Lots numbered 1-20, 38-51, 74-78, and 122-127 shall be a minimum of 130 feet deep and have a minimum rear yard set-back of 35 feet.
5. The intersection of the corner of the lot lines for numbered Lot 20 shall be no further south of the northern property line than 80 feet and no closer to the western property line than 52 feet as shown on the attached Detail Fence Exhibit dated March 25, 2018.
B. Access, Parking and/or Other Traffic Related Commitments.
1. Access will be in accordance with the review and approval of the City of Columbus Department of Public Service, Traffic Management Division.
2. The Developer will dedicate right-of-way to the City of Columbus per the City of Columbus Thoroughfare Plan, on both the east and west side of the Ulry Road frontage.
3. The Developer shall build a northbound left turn lane, 285 feet in length (includes a 50 foot diverging taper). The Developer shall install a southbound left turn lane, 285 feet (includes a 50 foot diverging taper). Access points to be as shown on the Development Plan.
4. The Developer shall install a leisure path along the east side of the Ulry Road frontage connecting to the existing 5 foot sidewalk to the north and matching the City parkland to the South.
5. The Developer shall dedicate a 10 foot wide easement to the City for a public pedestrian and bicycle connection between the Development’s public street system and the future parkland dedicated by this rezoning (east side of Ulry Road). Final location of the easement to be determined at the time of final site compliance and based upon final site engineering.
C. Buffering, Landscape, Drainage, Open Space and/or Screening Commitments.
1. Developer shall install street trees along all internal public roads at 52 feet on center as shown on the PUD plan.
2. Developer shall install street trees along Ulry Road at a rate of 4 per 100 linear feet which may be evenly spaced or grouped.
3. Black horse fence (detail as shown on the Development Plan) shall be installed on both sides of the Ulry Road frontage to match (as close as possible) the existing black horse fence on the adjoining property to the north on the eastside of Ulry Road.
4. A black horse fence (2 split rail) shall be installed along the rear of lots that are adjacent to the park land dedication area(s), on the west side of Ulry Road.
5. There shall be a no build tree conservation buffer area along a portion of the western property line, extending 52 feet from adjacent property (PID 110-003056 only) as shown on the Development Plan. There shall be no tree or brush removal with the exception of growth that is determined to be poisonous or a public health or safety concern by the City Health Department or City Recreation and Parks Department. At the request of the owner of PID 110-003056, the developer has agreed to retain the invasive honeysuckle within the no build zone unless it is replaced by new plantings that achieve the same opacity and screening at the time of planting. It is the intent of this provision to allow existing trees and brush within the buffer area to remain undisturbed to the greatest extent practicable in order to buffer new development from PID 110-003056
6. There shall be an approximate 5 acres of PUD open space, including detention pond, located in the southwest corner of the Site as depicted on the PUD Plan. In addition, there shall be approximately 5 acres, including detention pond, on the eastern portion of the site as depicted on the Development Plan, for a combined estimated total of 10 acres (approximately). The Developer shall dedicate and the City of Columbus Recreations and Parks Department agrees to accept a minimum of 2.5 acres, exclusive of any detention ponds, out of such 10 acres, in full satisfaction of the City’s Parkland Dedication Ordinance. Location of dedicated parkland to be reviewed and approved by the Recreation and Parks Department and will be shown on final plat.
7. With the exception of requirements that may be imposed by the Department of Public Utilities with regard to location and specifications of sanitary sewer and water line installation, the developer shall use best construction practices, including construction fencing and signage as needed, so as to preserve the existing trees along the south property lines (east side of Ulry Road) during the course of construction activities on site.
8. Final parkland, open space, and or the preservation of trees may be modified based upon final engineering and/or utilities (storm water or sewer lines) as required by the Department of Public Utilities or other City Departments, as may apply.
9. The Developer shall plant 6-7 foot tall evergreen spruce trees, spaced at 9 foot on center, along the rear property lines in the rear yard of Lots numbered 1-20, 38-51, 74-78, and 122-127.
10. The Developer shall install a two rail black horse fence on the east side of 52’ preservation area, along the entire length of the preservation area where parallel to PID 110-003056 (only) as shown on the attached Detail Fence Exhibit dated March 25, 2018.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The main exterior building materials will be wood, wood composition, brick, brick veneer, stone, stone veneer, vinyl, beaded vinyl or cultured stone, metal, glass and/or a combination thereof. There shall be pitched roofs for each unit.
2. The minimum square footage shall be 1,600 square feet for single story homes and 1,800 square feet for two story homes, or above.
3. Dwelling units may be used as model homes for the purpose of marketing and sales. A paved parking lot shall be permitted on a lot or lots adjacent to model homes to provide off-street parking for model homes.
E. Graphics.
All signage and graphics for shall conform to the Columbus Graphics Code as it applies to R-2 zoning classification. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
F. Miscellaneous.
1. Site shall be developed in accordance with the submitted site plan titled “Development Plan Ulry Road,” dated February 21, 2018. The Development Plan may be adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any adjustment to the Development Plan is subject to review and approval by the Director of Building and Zoning Services, or his/her designee, upon submission of the appropriate data regarding the proposed adjustment.
2. The Developer shall participate in the Northeast Pay as We Grow Area (NEPAWG).
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.