Explanation
Rezoning Application Z04-075
APPLICANT: Portrait Homes-Ohio, Inc.; c/o David B. Perry, Agent; The Dave Perry Company; 145 East Rich Street; Columbus, Ohio 43215; and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on December 9, 2004.
WESTLAND AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the L-AR-12, Limited Apartment Residential District to allow an 80-unit multi-family residential development at a proposed density of 7.3 units per acre. The limitation text establishes development standards in consideration of the adjacent single-family residential development to the west, and contains measures to protect and preserve the historic Postle Cemetery located on the eastern portion of the site. Although The Westland Plan (1994), recommends office uses for a portion of the site, a deviation from the Plan recommendation is warranted because a majority of the site is already zoned in a high density multi-family residential district, and the established development pattern in this area is residential in nature. This rezoning proposal will replace unrestricted commercial and high density multi-family zoning districts with a low density multi-family zoning district that contains commitments to protect the cemetery, buffering, landscaping, and open space preservation that otherwise would not exist. Staff recognizes multi-family residential development as an appropriate land use at this location because the requested L-AR-12, Limited Apartment Residential District is consistent with the zoning and development patterns of the area.
Title
To rezone 5353 SULLIVANT AVENUE (43119), being 11.0± acres located on the south side of Sullivant Avenue, 560± feet west of Norton Road, From: C-2, and C-4, Commercial, and ARLD, Apartment Residential Districts, To: L-AR-12, Limited Apartment Residential District. (Rezoning # Z04-075)
Body
WHEREAS, application #Z04-075 is on file with the Building Services Division of the Department of Development requesting rezoning of 11.0± acres from C-2, and C-4, Commercial, and ARLD, Apartment Residential Districts, to L-AR-12, Limited Apartment Residential District District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Westland Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-AR-12, Limited Apartment Residential District would allow an 80-unit multi-family residential developmentat a proposed density of 7.3 units per acre. The limitation text establishes development standards in consideration of the adjacent single-family residential development to the west, and contains measures to protect and preserve the historic Postle Cemetery located on the eastern portion of the site. Although The Westland Plan (1994), recommends office uses for a portion of the site, a deviation from the Plan recommendation is warranted because a majority of the site is already zoned in a high density multi-family residential district, and the established development pattern in this area is residential in nature. This rezoning proposal will replace unrestricted commercial and high density multi-family zoning districts with a low density multi-family zoning district that contains commitments to protect the cemetery, buffering, landscaping, and open space preservation that otherwise would not exist. Staff recognizes multi-family residential development as an appropriate land use at this location because the requested L-AR-12, Limited Apartment Residential District is 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:
5353 SULLIVANT AVENUE (43119), being 11.0± acres located on the south side of Sullivant Avenue, 560± feet west of Norton Road, and being more particularly described as follows:
DESCRIPTION OF 11.000 ACRE TRACT
EAST OF WILD STALLION DR.
WEST OF NORTON ROAD
SOUTH OF SULLIVANT ROAD
Situated in the State of Ohio County of Franklin, City of Columbus, part of Virginia Military Survey Number 1474 and being 11.000 acres of the land conveyed to The Forest Park Group as recorded in Official Record Volume 1264 A04 and Jepe, Inc. as recorded in Instrument Number 199803230065206 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at a point at the centerline intersection of Norton Road and Sullivant Road;
Thence North 79°09'26" West a distance of 582.26 feet, along the centerline of said Sullivant Road, to a point;
Thence South 10°23'51" West a distance of 30.00 feet to a point on the southerly right of way of said Sullivant Road being the Point of Beginning;
Thence South 10°23'51" West a distance of 244.09 feet to a point;
Thence South 34°34'52" East a distance of 141.47 feet to a point;
Thence South 79°33'35" East a distance of 181.97 feet to a point;
Thence South 10°26'25" West a distance of 320.00 feet to a point;
Thence South 79°33'35" East a distance of 50.00 feet to a point;
Thence South 10°26'25" West a distance of 288.32 feet to a point on the southerly property line of said Jepe, Inc.;
Thence the following five (5) courses along the property line of said Jepe, Inc.;
1) North 79°33'46" West a distance of 99.03 feet to an existing iron pin;
2) South 10°26'14" West a distance of 84.25 feet to an existing iron pin;
3) along a curve to the left (delta=90°00'41", radius=85.50feet, length=134.32 feet) a chord bearing North 34°34'23" West a distance of 120.93 feet to an existing iron pin;
4) North 79°36'40" West a distance of 105.81 feet to an existing iron pin;
5) North 8°16'18" West a distance of 403.19 feet to an existing iron pin;
Thence the following eight (8) courses along the property line of said The Forest Park Group;
1) North 8°01'41" West a distance of 101.59 feet to an existing iron pin;
2) North 10°40'36" East a distance of 83.91 feet to an existing iron pin;
3) North 79°10'27" West a distance of 230.12 feet to an existing iron pin;
4) South 10°35'18" West a distance of 65.02 feet to an existing iron pin;
5) North 79°11'23" West a distance of 151.78 feet to an existing iron pin;
6) North 13°33'59" West a distance of 193.89 feet to an existing iron pin;
7) South 76°29'22" West a distance of 86.84 feet to an existing iron pin in the easterly line of Greene Countrie Section 3, (PB 74, Pg 15);
8) North 10°13'06" East a distance of 314.40 feet to a point in the southerly right of way of said Sullivant Road;
Thence South 79°09'26" East a distance of 660.85 feet, along the southerly right of way of said Sullivant Road, to the Point of Beginning containing 11.000 acres more or less according to an actual field survey made by Hockaden and Associates,Inc. in July of
2004.
Bearings were determined by GPS measurements, and based upon the North American Datum of 1983, from monumentation and published values as provided by National Geodetic Survey, the west right of way of Norton Road Bearing South 10° 26'14" West and all other bearings based upon this meridian.
HOCKADEN AND ASSOCIATES, INC.
Consulting Engineers and Surveyors
To Rezone From: C-2, and C-4, Commercial, and ARLD, Apartment Residential Districts,
To: L-AR-12, Limited Apartment Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, 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-AR-12, 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 plan being titled, "GABRIEL'S LANDING," said text being titled, "DEVELOPMENT TEXT," both signed by David B. Perry, Agent for the Applicant, and Donald T. Plank, Attorney for the Applicant, dated April 19, 2005, and the text reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
11.0+ ACRES
EXISTING DISTRICTS:
ARLD, APARTMENT RESIDENTIAL LOW DENSITY (8.1 +/- ACRES)
C-2, COMMERCIAL DISTRICT (2.8 +/- ACRES)
C-4, COMMERCIAL DISTRICT (0.1 +/- ACRES)
PROPOSED DISTRICT:
L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
PROPERTY ADDRESS:
5353 SULLIVANT AVENUE, COLUMBUS, OH 43119
OWNER:
FOREST PARK GROUP AND JEPE, INC. C/O DAVE PERRY, AGENT, THE
DAVID PERRY CO., 145 EAST RICH STREET, COLUMBUS, OH 43215 AND
DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET,
COLUMBUS, OH 43215
APPLICANT:
PORTRAIT HOMES - OHIO, LLC C/O DAVE PERRY, AGENT, THE
DAVID PERRY CO., 145 EAST RICH STREET, COLUMBUS, OH 43215 AND
DONALD PLANK, ESQ., PLANK & BRAHM, 145 EAST RICH STREET,
COLUMBUS, OH 43215
DATE OF TEXT:
April 19, 2005
APPLICATION NUMBER:
Z04-075
INTRODUCTION:
The subject property is 11.0 +/- acres located on the south side of Sullivant Avenue, approximately 520 feet
west of Norton Road. The site is presently zoned ARLD (8.1 +/- acres), C-2 (2.8 +/- acres) and C-4
(0.1 +/- acres). Applicant proposes to rezone the site to permit an 80 dwelling unit condominium
community. The proposed 80 dwelling units is a substantial reduction of density permitted under existing
zoning. Applicant proposes to rezone the site to consolidate zoning districts and represent the site
development as depicted on the plan titled "Gabriel's Landing", hereinafter referred to as the "Plan", dated
April 19, 2005 and signed April 19, 2005 by David B. Perry, Agent, and Donald Plank, Attorney, for
applicant, as the development plan for this site, subject to final engineering.
1. PERMITTED USES: The following uses shall be permitted:
Attached dwelling units (condominiums) as permitted in Section 3333.02, AR-12, Apartment Residential District Use, along with customary accessory uses and structures incidental to dwelling units (condominiums), as permitted in Chapter 3333, Apartment Residential Districts.
2. DEVELOPMENT STANDARDS:
Except as specified herein, the applicable development standards of Chapter 3333, Apartment Residential Districts, of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
1. Density: A maximum of eighty (80) dwelling units shall be permitted.
2. Height: Height District shall be H-35. No building shall exceed 2 ½ stories above grade.
3. Street Setback: The building setback line from Sullivant Avenue shall be thirty (30) feet, in accordance with the Columbus Thoroughfare Plan designation of Sullivant Avenue as a C, Collector (60 feet of right of way). A minimum perimeter yard of 25 feet shall be provided from all perimeter property lines, except where adjacent to parcels
570-215152, 570-219362, 570-219361, 570-219360, said parcels fronting on Wild Stallion Drive, where the building setback shall be 45 feet. Patios, decks, porches, including screened porches may be located within the 45-foot building setback. Subject to minor adjustment with final engineering, building and pavement setbacks from the Postle Cemetery shall be as depicted on the Plan.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Vehicular access to/from the site shall be as depicted on the Plan, unless otherwise required or approved by the Division of Transportation and subject to final engineering. The Plan depicts a full turning movement curbcut on Sullivant Avenue and a full turning movement curbcut on Norton Road. The Norton Road curbcut is off-site on property zoned commercial. The Division of Transportation has preliminarily approved the location of the Sullivant Avenue and Norton Road curbcuts, subject to final design and engineering. Final design and location of both curbcuts is subject to approval of the Division of Transportation with final engineering.
2. Right of way totaling 30 feet from centerline and 60 feet total on Sullivant Avenue presently exists, in accordance with the Columbus Thoroughfare Plan.
3. All on site streets will be private. The private streets shall be designed with a minimum pavement width
of 22 feet.
a. Parking restrictions shall be controlled by appropriate signage displayed within the development and shall include that parking shall be limited to one side of the street and that no parking shall be permitted on either side of any street within 25' of street intersections. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the condominium/homeowner association shall be established by the rules and regulations of the association.
b. Parking is not to be allowed anywhere but in garages, as designated on the site plan, on streets as set forth in note "a" above, and in driveways where applicable. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
c. The owner, developer and or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking 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 association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above.
d. Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of
contract.
e. The owner, developer, the association of homeowners or condominium association, as applicable, 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 or alleys.
4. The Plan depicts certain groupings of parking spaces adjacent to the internal private streets. Additional parking spaces may be added to the groupings of parking spaces depicted or additional parking spaces added based on final engineering and for the Certificate of Zoning Clearance. There may also be on-street (private) parking, subject to the requirements of #3, a-e, above.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be planted along Sullivant Avenue at the rate of approximately one (1) tree per 40 lineal
feet. Street trees shall be placed at a uniform setback either within the Sullivant Avenue right of way,
subject to approval of the City Forester, or at a uniform setback adjacent to the Sullivant Avenue right of
way if located in the Sullivant Avenue landscaped parking setback. The type of street tree shall be selected
from trees approved by the City Forester.
2. Headlight screening in the form of earth mounding, landscaping and/or low walls or fencing shall be provided within the Sullivant Avenue parking setback to a height of 36 inches. Height shall be measured from the nearest section of the adjacent internal private street.
3. Street, ornamental or evergreen trees shall be planted along the internal private streets at the rate of not
less than one (1) per condominium unit.
4. All plant material required by this text shall meet the following minimum requirements at time of
planting: Street trees - minimum 2 ½" caliper, Ornamental trees - 1 ½" caliper, Evergreen Trees - 5 - 6
feet in height. Plant material shall be maintained in a healthy condition. Weather permitting, dead or
diseased plant material required by this text shall be replaced within 6 months.
5. Within the west perimeter 45 foot building setback, where adjacent to parcels 570-215152, 570-219362,
570-219361, 570-219360, said parcels fronting on Wild Stallion Drive, 25 feet adjacent to the perimeter
site property line shall be left undisturbed in its current vegetative state except that obnoxious plant species,
invasive vines or undesirable plant material may be removed at developer's discretion. It is the intention
that trees are left within the 25 foot area. Additional new planting of deciduous trees and evergreen plant
material at the rate of at least one (1) per 20 lineal feet shall be planted where contiguous to parcels 570-
215152, 570-219362, 570-219361, 570-219360 where there is not existing trees
6. Within the perimeter yards adjacent to parcels 570-122534 and 570-268728 and as depicted on the Plan
in the perimeter yard adjacent to the east of Building # 14, trees (deciduous street trees, ornamental trees
and/or evergreens) shall be planted at the rate of four (4) per 100 lineal feet. For purposes of illustration,
the perimeter yard trees are illustrated as being evenly spaced on the Plan, but the trees may be evenly
spaced, randomly spaced and/or grouped. Existing trees of greater than four (4) inch caliper within the
perimeter yards that are preserved may substitute, at developers discretion, on a one for one basis for new
perimeter yard planting required by this paragraph.
7. Utility crossings shall be permitted, if needed, across perimeter buffer areas, except there shall be no
excavation for utilities within the cemetery or in the adjacent green space areas depicted on the Plan to the
north or east site property lines and to the north and east lines of the internal private street and public access
parking, except as required for installation of the two (2) required light fixtures (See 7.f., below).
8. The Postle Cemetery is located on the 11acre site and is denoted on the Plan as "Existing Cemetery".
The following commitments are made in relation to the Postle Cemetery:
a. A public access easement shall be provided and maintained in perpetuity for access by decedents of those interred in the Postle burial ground. The public access easement shall include the entrance road from Norton Road and approximately 150 feet to the north of the T in the private street and to include non-exclusive use of the three (3) parking spaces depicted on the Plan on the east side of the private street and to the west of the cemetery. A sign will be posted adjacent to the 3 public parking spaces that they are available for the use of cemetery visitors.
b. The cemetery and surrounding area to the north and east site property lines and to the south and west to the internal private street, as depicted on the Plan, shall be preserved and maintained in perpetuity. Other than normal maintenance consistent with preserving the cemetery and consistent with best management practices, existing trees within the fenced area and to the north and east of the cemetery fence shall not be disturbed except as required for installation of any new cemetery fencing. Brush and undesirable vines may be removed as part of normal maintenance. Within the area south and east of the cemetery fence, all plant material less than six (6) inch caliper shall be removed.
c. Any disturbed grave sites or bodies located outside the cemetery boundaries will be handled and processed in accordance with State and Federal Law.
d. All storm water plans submitted as a part of this application shall permit no storm water runoff into the cemetery and be designed to protect the cemetery from soil erosion. The Applicant agrees to install appropriate construction and/or silt fencing to protect the cemetery during excavation and construction.
e. A three (3) foot wide (min.) concrete walk shall be installed from the three (3) public access parking spaces (See a.) to the cemetery entrance.
f. The cemetery, as identified on the Plan, shall be preserved and maintained by the applicant, owner, including future owner(s) or condominium association, of the cemetery in perpetuity. The applicant agrees to re-seed the cemetery with grass, install a minimum of two (2) light fixtures meeting the lighting commitments of Section E(3) of this text, and install a wrought iron, decorative metal (not chain link), stone, and/or brick fence with a minimum height of four (4) feet and with a locking gate. The boundary of the cemetery shall be illustrated and dimensioned on the Plan based on the survey prepared by the Franklin County Engineer, dated November 4,
1996. All current and future landscaping within the cemetery shall be maintained in accordance with Section C(4) of this Text. The applicant agrees to comply with all applicable Federal and States Laws as they apply to the grave sites.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building style shall consist of four (4) and six (6) dwelling unit buildings. All dwelling units shall be two (2) story but shall not exceed 2 ½ stories above grade.
2. The Minimum Net Floor Area for Living Quarters, as defined in Section 3303.13, Letter M, of the Columbus Zoning Code, shall be 1,100 square feet per dwelling unit.
3. Every dwelling unit shall have not less than a one (1) car attached garage.
4. The primary building roof shall be gabled or hip and shall have a minimum pitch of 8:12.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
2. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
3. Site lighting shall utilize fully shielded, cut-off light fixtures or decorative style light fixtures, not exceeding sixteen (16) feet in height. All external building mounted light fixtures shall be the same or similar for consistency in appearance and style. All lighting along the private streets and any common area lighting shall be the same or similar for consistency in appearance and style.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the AR-12, Apartment Residential District. All signage shall be monument style, shall be incorporated into an entrance feature wall and/or shall be mounted on a single pole with cross arm and hanging sign copy. Sign illumination, if any, shall only be in the form of low level ground mounted lighting projecting directly at the sign face. The low level ground mounted lighting shall be screened with landscaping or other material to prevent glare visible from the public right of way. Any variance to the applicable sign requirements of the AR-12 District shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1. The developer shall comply with applicable requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. A public sidewalk shall be provided along the Sullivant Avenue frontage of the site.
3. A sidewalk shall be provided along at least one side of the private street, including to Norton Road for future connection to a Norton Road public sidewalk by others.
4. The site will be developed with condominium units. Developer/Applicant shall record a condominium plat and Declaration of Restrictions and Covenants applicable to all condominium units and shall provide a copy of recorded condominium documents to the City of Columbus for placement in the Certificate of Zoning Clearance file as a record of compliance with the provisions of this section. The City of Columbus is not responsible for or a party to administration of any aspect of the condominium documents or condominium association.
5. The Columbus Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application and except as any variance may apply to graphics, including any and all specific site development standards contained in this ordinance and any applicable standard(s) of the AR-12, Apartment Residential District.
6. The development depicted on the plan titled "Gabriel's Landing", hereinafter referred to as the "Plan", dated April 19, 2005 and signed April 19, 2005 by David B. Perry, Agent, and Donald Plank, Attorney, for applicant, is submitted as the development plan for this site with respect to general layout, number of external access points, internal private street circulation, general building location and relationship of the condominium development to the Postle Cemetery, subject to minor adjustment with final engineering. Building footprints are illustrative but the buildings shall be either 4 or 6 unit buildings. The specific location of 4 and 6 unit buildings and the number of 4 and 6 unit buildings is subject to change but the total number of dwelling units shall not exceed 80 dwelling units. The Plan is not an engineered drawing. The engineered plan may reflect adjustments to the plan consistent with the development depicted on the Plan and final engineering, subject to the review and approval of the Director of Development or his/her designee.
7. Applicant/owner may wish to split the cemetery, which split may include additional property adjacent to the cemetery, from the condominium site. The data table on the Plan indicates a density of 7.3 units/acre. The density calculation is provided solely as information as to what the calculated density is with a maximum of 80 dwelling units on 11.0 +/- acres. The units/acre calculation is not and shall not be interpreted as a specific density commitment of this rezoning. If the cemetery is split from the site, the units/acre for the condominium area will increase based on the condominiums being located on less than 11.0 +/- acres, but in no event will there be more than 80 dwelling units. The split area of the cemetery shall not include any dwelling units and shall be within the area north of the private street south of the cemetery and east of the private street west of the cemetery, all as depicted on the Plan. Subject to approval of any applicable variance(s), a lot split of the cemetery shall be permitted to create a separate parcel for the cemetery from the condominium area, which split shall be subject to all restrictions applicable to the cemetery in this text (C.8. a-f).
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.