Explanation
REZONING APPLICATION # Z08-043
APPLICANT: The Preserve at Albany Woods LLC; c/o Daniel H. Schoedinger and Jill S. Tangeman, Attys.; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Single and multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on January 14, 2010.
NORTH EASTAREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 122.67± acre site was originally rezoned in the PUD-8, Planned Unit Development District as Sub-Area 3E of a 290± acre rezoning in 1997 (Z97-127). In 2003, a portion of the site was zoned to PUD-8, Planned Unit Development District for single-family residential development (Z03-021). The site is currently developed with two multi-family residential developments with 472 and 464 units each, a single-family development that allows 130 units, and a City park which collectively have exceeded the permitted density under the current PUD-8 District. The applicant requests the L-AR-12, Limited Apartment Residential, and PUD-4, and PUD-8, Planned Unit Development Districts. The intent of the rezoning is to allow a 15.29± acre portion of the site, which is undeveloped and currently zoned for single-family dwellings, to be developed with 208 multi-family dwellings, an increase of 100 units over the entire 122.67± acre site, while correcting the density issue to reflect the development that is already in place. The proposal would permit 1,188 single and multi-family dwelling units on 122.67± acres with 20± acres of open space and total gross density of 9.85± units per acre. The site is located within the boundaries of The Northeast Area Plan (2007), which recommends high and low density residential and park uses for the site. Since this rezoning is for an overall increase of 100 units for a total of 1,188 dwelling units on land that was originally zoned for 1,310 dwelling units by Z97-127, Staff believes that the increase is negligible and the request meets the intent of the Plan recommendations. The PUD notes and limitation text provide appropriate development standards to ensure compatibility with the surrounding residential developments. The requested increase in density can be supported with the proposed landscaping and screening between the single-family and new multi-family Sub-Areas, and the increase in amenities for a dog park and community garden with a gazebo. The request is consistent with the zoning and development patterns of the area.
Title
To rezone 3614 LIFESTYLE BOULEVARD (43219), being 122.67± acres located on the north side of Lifestyle Boulevard, 650± feet west of Stelzer Road, From: PUD-8, Planned Unit Development District, To: L-AR-12, Limited Apartment Residential, and PUD-4, and PUD-8, Planned Unit Development Districts (Rezoning # Z08-043).
Body
WHEREAS, application #Z08-043 is on file with the Building Services Division of the Department of Development requesting rezoning of 43.73± acres from PUD-8, Planned Unit Development District, to L-AR-12, Limited Apartment Residential, and PUD-4, and PUD-8, Planned Unit Development Districts; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development includes a walking path to increase the pedestrian environment and centrally located bike racks at community spaces; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the North East Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because Staff believes that the increase in density is negligible and the request meets the intent of the Plan recommendations. The requested L-AR-12, Limited Apartment Residential, and PUD-4, and PUD-8, Planned Unit Development Districts would permit 1,188 single and multi-family dwelling units on 122.67± acres with 20± acres of open space and total gross density of 9.85± units per acre. The site is located within the boundaries of The Northeast Area Plan (2007), which recommends high and low density residential and park uses for the site. This rezoning is for an overall increase of 100 units for a total of 1,188 dwelling units on land that was originally rezoned for 1,310 dwelling units by Z97-127. The PUD notes and limitation text provide appropriate development standards to ensure compatibility with the surrounding residential developments. The requested increase in density can be supported with the proposed landscaping and screening between the single-family and new multi-family Sub-Areas, and the increase in amenities for a dog park and community garden with a gazebo. The request 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:
3614 LIFESTYLE BOULEVARD (43219), being 122.67± acres located on the north side of Lifestyle Boulevard, and being more particularly described as follows:
SUB-AREA 1
41.603± ACRES
SITUATED IN THE State of Ohio, COUNTY OF FRANKLIN, CITY OF COLUMBUS, being located in QUARTER TOWNSHIP 2, TOWNSHIP 1, RANGE 17, UNITED STATES MILITARY LANDS AND BEING ALL OF THOSE 37.399 AND 4.204 ACRE TRACTS AS CONVEYED TO RESIDENCES AT TOWNE CENTER ASSOCIATES, LTD. BY DEED OF RECORD IN Instrument Number 199812310337461, (ALL REFERENCES BEING TO RECORDS OF THE Recorder's Office, Franklin County, Ohio) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A P.K. NAIL SET IN THE CENTERLINE OF STELZER ROAD AT THE SOUTHEASTERLY CORNER OF THAT TRACT AS CONVEYED TO ABBOTT LABORATORIES BY DEED OF RECORD IN Instrument Number 199707080042060, SAID P.K. NAIL BEING SOUTH 03° 52' 47" WEST, A DISTANCE OF 462.22 FEET FROM F.C.G.S. MONUMENT NUMBER 8858;
THENCE SOUTH 03° 52' 47" WEST, BEING ALONG SAID CENTERLINE, A DISTANCE OF 528.12 FEET TO A P.K. NAIL SET AT THE NORTHEASTERLY CORNER OF THAT TRACT AS CONVEYED TO THOMAS K. MURRAY BY DEED OF RECORD IN Instrument Number 199911030277180, SAID P.K. NAIL BEING NORTH 03° 52' 47" EAST, A DISTANCE OF 557.73 FEET FROM F.C.G.S. MONUMENT NUMBER 6621;
THENCE NORTH 86° 32' 04" WEST, BEING ALONG THE NORTHERLY LINE OF SAID MURRAY TRACT, A DISTANCE OF 374.26 FEET TO AN IRON PIN SET AT THE NORTHWESTERLY CORNER OF SAID MURRAY TRACT;
THENCE SOUTH 03° 46' 47" WEST, BEING ALONG THE WESTERLY LINE OF SAID MURRAY TRACT, AND ALSO A PORTION OF THE WESTERLY LINE OF THAT TRACT AS CONVEYED TO RESIDENCES AT TOWNE CENTER ASSOCIATION, LTD. BY DEED OF RECORD IN Instrument Number 199908100203853, A DISTANCE OF 170.55 FEET TO AN IRON PIN SET AT A NORTHEASTERLY CORNER OF THAT 6.914 ACRE TRACT AS CONVEYED TO RESIDENCES AT TOWNE CENTER ASSOCIATION, LTD. BY DEED OF RECORD IN Instrument Number 199902260048933;
THENCE ALONG THE PERIMETER OF SAID 6.914 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: THENCE NORTH 86° 25' 16" WEST, A DISTANCE OF 280.00 FEET TO AN IRON PIN SET;
SOUTH 03° 34' 44" WEST, A DISTANCE OF 434.36 FEET TO AN IRON PIN SET ON THE ARC OF A CURVE TO THE RIGHT; AND
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE (DELTA = 24° 15' 29", RADIUS = 370.00 FEET), A CHORD BEARING AND DISTANCE OF SOUTH 81° 26' 59" WEST, 155.48 FEET TO AN IRON PIN SET AT A POINT OF TANGENCY;
THENCE NORTH 86° 25' 16" WEST, CONTINUING ALONG SAID 6.914 ACRE TRACT AND ALONG AN EASTERLY LINE OF THAT TRACT AS CONVEYED TO SYNERGY CAPITAL COMPANY, LTD. BY DEED OF RECORD IN Instrument Number 199905140123044, A DISTANCE OF 566.99 FEET TO AN IRON PIN SET;
THENCE ALONG THE PERIMETER OF SAID SYNERGY TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 03° 34' 44" EAST, A DISTANCE OF 94.67 FEET TO AN IRON PIN SET; NORTH 86° 25' 16" WEST, A DISTANCE OF 207.00 FEET TO AN IRON PIN SET; NORTH 03° 34' 44" EAST, A DISTANCE OF 884.56 FEET TO AN IRON PIN SET; SOUTH 86° 25' 16" EAST, A DISTANCE OF 207.00 FEET TO AN IRON PIN SET; AND NORTH 03° 34' 44" EAST, A DISTANCE OF 243.90 FEET TO AN IRON PIN SET;
THENCE SOUTH 85° 47' 34" EAST, CONTINUING ALONG SAID SYNERGY TRACT AND ALONG THE SOUTHERLY LINE OF LOTS 1197 THROUGH 1199 OF THAT SUBDIVISION ENTITLED "SOMERSET 4" OF RECORD IN Plat Book 37, Page 98 THROUGH 101 (PASSING AN IRON PIN FOUND AT 116.56 FEET), A DISTANCE OF 406.56 FEET TO AN IRON PIN FOUND AT THE SOUTHEASTERLY CORNER OF SAID LOT 1197;
THENCE NORTH 04° 12' 26" EAST, BEING ALONG THE EASTERLY LINE OF LOTS 1192 THROUGH 1197 OF SAID SUBDIVISION, A DISTANCE OF 392.00 FEET TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF LOT 1189 OF SAID SUBDIVISION;
THENCE NORTH 50° 34' 36" EAST, BEING ALONG THE SOUTHEASTERLY LINE OF LOTS 1187 THROUGH 1189 OF SAID SUBDIVISION, A DISTANCE OF 380.09 FEET TO AN IRON PIN found AT THE SOUTHWESTERLY CORNER OF LOT 958 OF SAID SUBDIVISION;
THENCE SOUTH 85° 47' 34" EAST, BEING ALONG THE SOUTHERLY LINE OF LOTS 957 AND 958 OF SAID SUBDIVISION, A DISTANCE OF 135.00 FEET TO AN IRON PIN SET IN THE WESTERLY RIGHT-OF-WAY LINE OF LANGDON ROAD, BEING THE SOUTHEASTERLY CORNER OF SAID LOT 957;
THENCE SOUTH 78° 49' 16" EAST, A DISTANCE OF 50.38 FEET TO AN IRON PIN SET IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID LANGDON ROAD, BEING THE SOUTHWESTERLY CORNER OF LOT 956 OF SAID SUBDIVISION;
THENCE SOUTH 86° 29' 04" EAST, BEING ALONG THE SOUTHERLY LINE OF LOTS 955 AND 956 OF SAID SUBDIVISION, A DISTANCE OF 119.25 FEET TO AN IRON PIN FOUND AT THE NORTHWESTERLY CORNER OF THAT TRACT AS CONVEYED TO GEORGE JR. AND JOANN DIXON BY DEED OF RECORD IN Deed Book 3377, Page 204;
THENCE SOUTH 03° 06' 49" WEST, BEING ALONG THE WESTERLY LINE OF SAID DIXON TRACT, AND ALSO THE WESTERLY LINE OF THOSE TRACT AS CONVEYED TO ABBOTT LABORATORIES BY DEEDS OF RECORD IN Official Record 30898 f13, Official Record 31764 d06, Official Record 30709 g16, Instrument Number 199707080042060 AND Instrument Number 199811250304422, A DISTANCE OF 695.53 FEET TO AN IRON PIN SET AT THE SOUTHWESTERLY CORNER OF SAID ABBOTT LABORATORIES TRACT (Instrument Number 199707080042060);
THENCE SOUTH 86° 25' 48" EAST, BEING ALONG THE SOUTHERLY LINE OF SAID ABBOTT LABORATORIES TRACT, A DISTANCE OF 378.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 41.603 ACRES OF LAND, MORE OR LESS.
BEARINGS ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM AS PER NAD83. CONTROL FOR BEARINGS WAS FROM COORDINATES OF MONUMENTS 6621 AND 8858, HAVING A BEARING OF NORTH 03° 52' 47" EAST, ESTABLISHED BY THE FRANKLIN COUNTY ENGINEERING DEPARTMENT, USING GLOBAL POSITIONING SYSTEM PROCEDURES AND EQUIPMENT.
To Rezone From: PUD-8, Planned Unit Development District,
To: L-AR-12, Limited Apartment Residential District.
SUB-AREA 2
39.85± ACRES
Tract I
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 2, Township 2, Range 17, United States Military Lands, containing 8.731 acres of land, more or less, said 8.731 acres being part of that 32.850 acre tract of land described in Exhibit "A" in the deed to Triangle Properties, Inc., of record in Instrument No. 200109210218537, Recorder's Office, Franklin County, Ohio, said 8.731 acres being more particularly described as follows:
Beginning, for reference, at an iron pin found at the northeasterly corner of said 32.850 acre tract, the same being the northwesterly corner of Lot 982, as the same is numbered and delineated upon the recorded plat of Somerset No. 4, of record in Plat Book 37, Pages 98, 99, 100 and 101, said reference point of beginning also being in a southerly line of that 10.004 acre tract of land designated as Albany Club Condominiums First Amendment, of record in Condominium Plat Book 89, Page 1, both being of record in Recorder's Office, Franklin County, Ohio; thence, westwardly, with the northerly boundary of said 32.850 acre tract and with the southerly boundary of said 10.004 acre tract, the following three (3) courses and distances: 1.) N85°47'34"W, a distance of 137.15 feet to a point; 2.) S22°50'21"W, a distance of 93.33 feet to a point; 3.) S83°26'38W, a distance of 272.66 feet to a 3/4-inch (I.D.) iron pipe set at the true point of beginning;
Thence, from said true point of beginning, S3°38'57"W, a distance of 322.66 feet to a 3/4-inch (I.D.) iron pipe set;
Thence S18°47'13"W, a distance of 387.99 feet to a 3/4-inch (I.D.) iron pipe set;
Thence N86°21'03"W, a distance of 511.01 feet to a 3/4-inch (I.D.) iron pipe set;
Thence N3°38'57"E, a distance of 406.13 feet to a 3/4-inch (I.D.) iron pipe set;
Thence S86°21'03E, a distance of 88.44 feet to a 3/4-inch (I.D.) iron pipe set;
Thence N3°38'57"E, a distance of 92.18 feet to a 3/4-inch (I.D.) iron pipe set;
Thence N17°27'56"W, a distance of 57.38 feet to an iron pin found at an angle point in the northerly boundary of said 32.850 acre tract, the same being an angle point in the southerly boundary of Somerset No. 1, a subdivision of record in Plat Book 37, Pages 88 - 91, Recorder's Office, Franklin County, Ohio;
Thence N38°31'23"E, with the northerly boundary of said 32.850 acre tract and with the southerly boundary of said Somerset No. 1, a distance of 227.12 feet to an iron pin found at an angle point in the northerly boundary of said 32.850 acre tract, the same being an angle point in the southerly boundary of said 10.004 acre tract;
Thence, with the northerly boundary of said 32.850 acre tract and with the southerly boundary of said 10.004 acre tract, the following (2) two courses and distances:
1. S74°06'22"E, a distance of 298.02 feet to an iron pin found;
2. N83°26'38"E, a distance of 125.44 feet to the true point of beginning and containing 8.731 acres of land, more or less.
Subject to all rights-of-way, easements and restrictions, if any, of previous record.
We hereby state that the foregoing information was obtained from an actual field survey conducted by Bauer, Davidson & Merchant, Inc. in July of 2002.
Tract II
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 2, Township 2, Range 17, United States Military Lands, containing 24.119 acres of land, more or less, said 24.119 acres being part of that 32.850 acre tract of land described in Exhibit "A" in the deed to Triangle Properties, Inc., of record in Instrument No. 200109210218537, Recorder's Office, Franklin County, Ohio, said 24.119 acres being more particularly described as follows:
Beginning at an iron pin found at the northeasterly corner of said 32.850 acre tract, the same being the northwesterly corner of Lot 982, as the same is numbered and delineated upon the recorded plat of Somerset No. 4, of record in Plat Book 37, Pages 98, 99, 100 and 101, said reference point of beginning also being in a southerly line of that 10.004 acre tract of land designated as Albany Club Condominiums First Amendment, of record in Condominium Plat Book 98, Page 1, both being of record in Recorder's Office, Franklin County, Ohio;
Thence, southwardly, with the easterly boundary of said 32.850 acre tract and with the westerly boundary of said Somerset No. 4 Subdivision, the following five courses and distances:
1.) S4°12"26"W, a distance of 120.00 feet to an iron pin found in the northerly right-of-way line of Glenbar Drive;
2.) N85°47'34"W, a distance of 24.51 feet to an iron pin found;
3.) S4°12'26"W, a distance of 170.00 feet to an iron pin found;
4.) N85°47'34"W, a distance of 45.00 feet to an iron pin found;
5.) S4°12'26"W, a distance of 474.43 feet to an iron pin found at a southeasterly corner of said 32.850 acre tract, the same being the southwesterly corner of said Somerset No. 4 Subdivision, said iron pin being in a northerly line of that tract of land as conveyed to Residences at Towne Center by deed of record in Instrument No. 199902260048933, Record's Office, Franklin County, Ohio;
Thence southwestwardly, with the easterly and southerly boundary of said 32.850 acre tract and with the northerly and westerly boundary of said Residences at Towne Center tract, the following four (4) courses and distances:
1.) N85°47'34"W, a distance of 116.56 feet to an iron pin found;
2.) S3°34'44"W, a distance of 243.90 feet to an iron pin found;
3.) N86°25'16"W, a distance of 207.00 feet to an iron pin found;
4.) S3°34'44"W. a distance of 74.16 feet to an iron pin found at a southeasterly corner of said 32.850 acre tract, the same being the northeasterly corner of that 29.359 acre tract of land described in Exhibit A in the deed to Triangle Properties, Inc., of record in Instrument No. 200109210218541, Recorder's Office, Franklin County, Ohio;
Thence, southwestwardly and westwardly, with the southeasterly and southerly boundary of said 32.850 acre tract and with the northwesterly and northerly boundary of said 29.359 acre tract, the following two (2) courses and distances;
1.) S76°57'42"W, a distance of 270.23 feet to an iron pin found;
2.) N86°11'35"W, a distance of 999.69 feet to an iron pin found at the southwesterly corner of said 32.850 acre tract, the same being the northwesterly corner of said 29.539 acre tract, said iron pin also being in the easterly line of that 20.00 acre tract of land conveyed to the City of Columbus by deed of record in Instrument No. 199906040143056, Recorder's Office, Franklin County, Ohio.
Thence N3°52'41"E, with the westernmost line of said 32.850 acre tract and with the easterly line of said 20.00 acre tract, a distance of 591.74 feet to an iron pin found at a northwesterly corner of said 32.850 acre tract, the same being the northeasterly corner of said 20.00 acre tract,
Thence S85°47'34"E, with a northerly line of said 32.850 acre tract, a distance of 97.30 feet to an iron pin found at an internal corner of said 32.850 acre tract;
Thence N4°12'26"E, with a westerly line of said 32.850 acre tract, a distance of 120.00 feet to an iron pin found at an angle point in the westerly boundary of said 32.850 acre tract;
Thence N29°49'38"E, with a northwesterly line of said 32.850 acre tract, a distance of 55.58 feet to an iron pin found at an angle point in the westerly boundary of said 32.850 acre tract;
Thence N4°12'26"E, with a westerly line of said 32.851 acre tract, a distance of 120.00 feet to an iron pin found at a northwesterly corner of said 32.850 acre tract in the southerly line of Lot 361 as the same is numbered and delineated upon the recorded plat of Somerset No. 1, of record in Plat Book 37, Pages 88, 89, 90 and 91, Recorder's Office, Franklin County, Ohio;
Thence S85°47'34"E, with a northerly line of said 32.850 acre tract and with a southerly line of said Somerset No. 1, a distance of 551.44 feet to an iron pin found at an angle point in the northwesterly boundary of said 32.850 acre tract, the same being an angle point in the southeasterly boundary of Lot 353 of said Somerset No. 1, said iron pin also being an angle point in the westerly boundary of that 8.731 acre tract of land designed as Albany Club Condominiums Third Amendment, of record in Condominium Plat Book 107, Page 1, Recorder's Office, Franklin County, Ohio;
Thence in a counterclockwise manner with the boundary of said 8.731 acre tract, the following seven (7) courses and distances:
1.) S17°27'56"E, a distance of 57.38 feet to a ¾-inch (I.D.) iron pipe found;
2.) S3°38'57"W, a distance of 98.18 feet to a ¾-inch (I.D.) iron pipe found;
3.) N86°21'03"W, a distance of 88.44 feet to a ¾-inch (I.D.) iron pipe found;
4.) S3°38'57"W, a distance of 406.13 feet to a ¾-inch (I.D.) iron pipe found;
5.) S86°21'03"E, a distance of 511.01 feet to a ¾-inch (I.D.) iron pipe found;
6.) N18°47'13"E, a distance of 387.99 feet to a ¾-inch (I.D.) iron pipe found;
7.) N3°38'57"E, a distance of 322.66 feet to a ¾-inch (I.D.) iron pipe found at the northeasterly line of said 8.731 acre tract in a northerly line of said 32.850 acre tract, the same being in the southerly line of said 10.004 acre tract;
Thence eastwardly, with the northerly boundary of said 32.850 acre tract and with the southerly boundary of said 10.004 acre tract, the following three (3) courses and distances:
1.) N83°26'38"E, a distance of 272.66 feet to a ¾-inch (I.D.) iron pipe found;
2.) N22°50'21"E, a distance of 93.33 feet to a ¾-inch (I.D.) iron pipe found;
3.) S85°47'34"E, a distance of 137.15 feet to the point of beginning and containing 24.119 acres of land, more or less.
Subject to all rights-of-way, easements and restrictions, if any, of previous record.
We hereby state that the foregoing information was obtained from an actual field survey conducted by Bauer, Davidson & Merchant, Inc. in July of 2002.
The bearings shown on this map are based on the bearing of S03°57'06"W as given for the centerline of Stelzer Road, based on the coordinates established for monuments 7778 and 8858, by the Franklin County Engineering Department.
Tract III
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being part of that tract of land conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199906040143056 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Ash Hill Way with Ashley Meadow Drive as shown on "Preserve at Albany Woods Section 1" of record in Plat Book 105, Pages 37 to 39;
thence South 03° 52' 41" West, with the centerline of said Ashley Meadow Drive, a distance of 172.00 feet to a point, being the southerly terminus of said Ashley Meadow Drive, the northerly line of that tract conveyed to Agler Green Limited Partnership by deed of record in Instrument Number 200204010081623;
thence North 86° 07' 19" West, with said southerly terminus and the southerly line of Lot 31 of said "Preserve at Albany Woods Section 1", said northerly line, a distance of 141.00 feet to the southeasterly corner of said City of Columbus, Ohio tract;
thence North 03° 52' 41" East, with the easterly line of said City of Columbus, Ohio tract, the westerly line of said "Preserve at Albany Woods Section 1", the westerly line of that tract conveyed to The Preserve at Albany Woods, LLC by deed of record in Instrument Number 200406290150423 and partly with the westerly line Albany Club Condominiums Forth Amendment of record in Condominium Plat Book 110, Page 24, a distance of 922.66 feet to the TRUE POINT OF BEGINNING;
thence North 85° 47' 34" West, across said City of Columbus, Ohio tract, a distance of 585.66 feet to a point in the easterly right-of-way line of Gatewood Road of record in Plat Book 37, Pages 88 to 91;
thence North 04° 12' 26" East, with said easterly right-of-way line, a distance of 521.98 feet to the southwesterly corner of Lot 367 of "Somerset Section 1" of record in Plat Book 37, Pages 88 to 91,
thence South 85° 47' 34" East, with the southerly line of Lots 367 to 373 of said "Somerset Section 1", and the southerly line of that tract conveyed to Synergy Capital Company, LTD. by deed of record in Instrument Number 199905140123044, a distance of 582.66 feet to the northwesterly corner of said Albany Club Condominiums Forth Amendment;
thence South 03° 52' 41" West, with the westerly line of said Albany Club Condominiums Forth Amendment, a distance of 521.99 feet to the TRUE POINT OF BEGINNING, containing 7.0 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: PUD-8, Planned Unit Development District,
To: L-AR-12, Limited Apartment Residential District.
SUB-AREA 3
13.2± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being part of Reserve "A", all of Reserves "B", "C" and "D", part of Reserve "E" and all of lots 1-44 of "Preserve at Albany Woods Section 1" a subdivision of record in Plat Book 105, Pages 37 to 39 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Ash Hill Way ,with Ashley Meadow Drive as shown on said "Preserve at Albany Woods Section 1";
Thence North 03° 52' 41" East, with the centerline of said Ashley Meadow Drive, a distance of 109.00 feet to a point;
Thence South 86° 07' 19" East, across the right-of-way of said Ashley Meadow Drive, a distance of 26.00 feet to a point in an easterly right-of-way line of said Ashley Meadow Drive, at the northwesterly corner of said Reserve "C", at the southwesterly corner of lot 83 of said "Preserve at Albany Woods Section 1", being the TRUE POINT OF BEGINNING;
Thence South 86° 07' 19" East, with the northerly line of said Reserve "C", the southerly lines of lots 66-83 of said "Preserve at Albany Woods Section 1", across Round Rock Drive and said Reserve "A", a distance of 1094.64 feet to a point on an easterly line of said Reserve "A", and the westerly line of a tract conveyed to Residences at Towne Center Holdings, Ltd by deed of record in Instrument Number 200102090027107;
Thence with the perimeter of said "Preserve at Albany Woods Section 1", the following courses and distances:
South 03° 34' 44" West, a distance of 158.60 feet, to a point;
South 86° 25' 16" East, a distance of 207.00 feet, to a point;
South 03° 34' 44" West, a distance of 94.67 feet, to a point;
With a curve to the right, having a central angle of 36° 52' 12", a radius of 50.00 feet, an arc length of 32.18 feet, and a chord that bears North 67° 59' 10" West, a chord distance of 31.62 feet, to a point of reverse curvature;
With said curve to the left, having a central angle of 36° 52' 12", a radius of 50.00 feet, an arc length of 32.18 feet, and a chord that bears North 67° 59' 10" West, a chord distance of 31.62 feet, to a point of tangency;
North 86° 25' 16" West, a distance of 58.04 feet to a point;
South 03° 34' 44" West, a distance of 100.00 feet, to a point;
North 86° 25' 16" West, a distance of 47.11 feet, to a point;
South 43° 35' 27" West, a distance of 376.29 feet, to a point;
North 57° 10' 35" West, a distance of 208.82 feet to a point of curvature;
With said curve to the right, having a central angle of 43° 26' 27", a radius of 420.00 feet, an arc length of 318.44 feet, and a chord that bears North 35° 27' 22" West, a chord distance of 310.87 feet, to a point;
North 86° 07' 19" West, a distance of 685.02 feet, to a point;
North 03° 52' 41" East, a distance of 676.00 feet, to a point;
Thence South 85° 53' 05" East, with the northerly line of said lot 44 and across said Ashley Meadow Drive, a distance of 155.65 feet, to a point;
Thence South 41° 07' 19" East, with the northerly terminus of said Ashley Meadow Drive, a distance of 26.00 feet, to a point in the easterly right-of-way line of Ashley Meadow Drive;
Thence with a curve to the left, having a central angle of 45° 00' 00", a radius of 24.00 feet, an arc length of 18.85 feet, and a chord that bears South 26° 22' 41" West, a chord distance of 18.37 feet, with the easterly right-of-way line of said Ashley Meadow Drive, to a point of tangency;
Thence South 03° 52' 41" West, with the easterly right-of-way line of said Ashley Meadow Drive, a distance of 359.00 feet to the TRUE POINT OF BEGINNING and containing 13.2 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: PUD-8, Planned Unit Development District,
To: PUD-4, Planned Unit Development District.
SUB-AREA 4
28± ACRES
Tract I
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being part of "Preserve at Albany Woods Section 1" of record in Plat Book 105, Pages 37 to 39 and that tract as conveyed to The Preserve at Albany Woods LLC by deed of record in Instrument Number 200406290150423 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Ash Hill Way, with Ashley Meadow Drive as shown on said "Preserve at Albany Woods Section 1";
thence North 03° 52' 41" East, with the centerline of said Ashley Meadow Drive, a distance of 109.00 feet to a point;
thence South 86° 07' 19" East, across the right-of-way of said Ashley Meadow Drive, a distance of 26.00 feet to a point in an easterly right-of-way line of said Ashley Meadow Drive, being the TRUE POINT OF BEGINNING;
thence North 03° 52' 41" East, with an easterly line of said Ashley Meadow Drive, a distance of 359.00 feet to point on the arc of a curve to the right;
thence continuing with said easterly right-of-way line, with the arc of said curve, having a central angle of 45° 00' 00", a radius of 24.00 feet, an arc length of 18.85 feet, a chord bearing and distance of North 26° 22' 41" East, 18.37 feet to a point;
thence North 41° 07' 19" West, with the northerly terminus of said Ashley Meadow Drive, a distance of 26.00 feet to a point;
thence North 85° 53' 05" West, with said northerly terminus, and with the northerly line of Lot 44 of said "Preserve at Albany Woods Section 1" a distance of 155.65 feet to a point in an easterly line of that tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199906040143056;
thence North 03° 52' 41" East, with a line common to said The Preserve at Albany Woods LLC and City of Columbus, Ohio tracts, a distance of 176.91 feet to a southwesterly corner of said Albany Club Condomins Fourth Amendment;tence South 86° 11' 35" East, with the southerly line of said Albany Club Condominiums Fourth Amendment, a distance of 999.69 feet to a point;
thence North 76° 57' 42" East continuing with said southerly line, a distance of 270.23 feet to a southeasterly corner of "Albany Club Condominiums Fourth Amendment" of record in Condominium Plat Book 110, Page 24, a westerly line of Residences at Towne Center Holdings Ltd by deed of record in Instrument Number 200102090027107;
thence South 03° 34' 44" West, with a line common to said The Preserve at Albany Woods LLC and Residences at Towne Center Holdings Ltd tracts, a distance of 651.80 feet to a point;
thence North 86° 07' 19" West, across said "Preserve at Albany Woods Section 1" a distance of 1094.64 feet to the TRUE POINT OF BEGINNING;
This description was prepared from record information only and should be used for zoning purposes only.
Break1
Tract II
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being part of that tract of land conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199906040143056 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Ash Hill Way with Ashley Meadow Drive as shown on "Preserve at Albany Woods Section 1" of record in Plat Book 105, Pages 37 to 39;
thence South 03° 52' 41" West, with the centerline of said Ashley Meadow Drive, a distance of 172.00 feet to a point, being the southerly terminus of said Ashley Meadow Drive, the northerly line of that tract conveyed to Agler Green Limited Partnership by deed of record in Instrument Number 200204010081623;
thence North 86° 07' 19" West, with said southerly terminus and the southerly line of Lot 31 of said "Preserve at Albany Woods Section 1", said northerly line, a distance of 141.00 feet to the southeasterly corner of said City of Columbus tract, being the TRUE POINT OF BEGINNING;
thence North 86° 07' 19" West, continuing with said northerly line, a distance of 716.89 feet to a point on the arc of a curve in the easterly right-of-way line of Gatewood Road of record in Plat Book 37, Pages 88 to 91;
thence with said right-of-way line, the following courses and distances:
with the arc of said curve to the right having a central angle of 05° 41' 44", a radius of 600.00 feet, an arc length of 59.64 feet and a chord bearing and distance of North 22° 01' 59" East, 59.62 feet to a point of tangency;
North 24° 52' 51" East, a distance of 213.30 feet to a point of curvature to the left;
With the arc of said curve to the left having a central angle of 20° 40' 25", a radius of 502.62 feet, an arc length of 181.36 feet and a chord bearing and distance of North 14° 32' 39" East, 180.37 feet to a point of tangency;
North 04° 12' 26" East, a distance of 493.00 feet to a point;
thence South 85° 47' 34" East, across said City of Columbus, Ohio tract a distance of 585.66 feet to a point in the westerly line of Albany Club Condominiums Forth Amendment of record in Condominium Plat Book 110, Page 24;
thence South 03° 52' 41" West, with said westerly line, the westerly line of that tract conveyed to The Preserve at Albany Woods, LLC by deed of record in Instrument Number 200406290150423 and the westerly line of said "Preserve at Albany Woods Section 1", a distance of 922.66 feet to the TRUE POINT OF BEGINNING, containing 13.3 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: PUD-8, Planned Unit Development District,
To: PUD-8, Planned Unit Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-4 and Pud-8, Planned Unit Development and L-AR-12, Limited Apartment Residential Districts 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 copies of the approved PUD-6, Planned Unit Development and L-AR-12, Limited Apartment Residential Districts and Application among the records of the Building Services Division as required by Sections 3311.09 and 3370.03 of the Columbus City Codes; said plans being titled, "Z08-043 EXHIBITS A-O," and said text being titled, "PLANNED UNIT DEVELOPMENT AND LIMITATION TEXT," all dated January 26, 2010, and signed by Daniel H. Schoedinger, Attorney for the Applicant.
PLANNED UNIT DEVELOPMENT AND LIMITATION TEXT
Application No.: Z08-043
Property Address: 3614 Lifestyle Boulevard
Applicant: Preserve at Albany Woods, LLC
Acreage: 122.67 +/-
Existing Zoning: PUD-8
Proposed Zoning: LAR-12; PUD-4; PUD-8
Date: January 26, 2010
1. Introduction: The subject property was originally zoned as Sub-Area 3E under a 290+/- acre rezoning in 1997 to a PUD-8 for multi-family development. In 2003, a portion of Sub-Area 3E was rezoned to allow for a single family development. The subject property is now developed with two multi-family developments and a single family development, which collectively have more units than are permitted under that PUD-8 zoning. The subject property also includes a 20+/- acre park which was transferred to the City of Columbus (hereinafter referred to as the "Park"). The applicant is seeking to rezone the subject property to use the un-constructed portion of the single family development for a multi-family development. The subject property has been divided into four Sub-Areas so that appropriate zoning categories may be assigned to the existing developments on the subject property and to allow for the proposed new multi-family development. A Sub-Area Plan is attached as Exhibit A.
SUB-AREA 1 (LAR-12) - 41.603 +/- Acres:
2. Permitted Uses: The permitted uses shall be those contained in Section 3333.02 (AR-12) of the Columbus City Code.
3. Development Standards: Unless otherwise indicated in this Text, the applicable development standards are found in Chapter 3333 (AR-12) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. Maximum number of multi-family dwelling units shall be 472 units.
2. Setback from widened Stelzer Road shall be 160 feet distance from the current centerline of Stelzer Road for all buildings and parking / maneuvering areas except for a reception building (less than 100 sq. ft. in size) which may have a 75 foot setback from Stelzer Road.
B. Access, Loading. Parking and/or other Traffic Related Commitments.
1. Unless otherwise approved by the Division of Planning and Operations, there shall be only one access point to Stelzer Road.
2. If a public street is constructed east of the Park for single family lots then the multi-family development in Sub-Area 1 shall have no driveway access to said public street except for a driveway which is within 1,000 feet of Steltzer Road.
C. Buffering, Landscaping, Open Space and/or Screening Requirements.
1. Within the setback area along Stelzer Road one tree for every thirty feet of frontage shall be planted.
2. All parking lots adjacent to Stelzer Road shall have headlight screening of minimum thirty (30) inches height parallel to such road frontage as measured from the elevation of the nearest section of the adjacent parking area.
3. Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping which meets the size requirements contained in this Text within a reasonable time period weather permitting
4. Minimum tree sizes at installation: street trees, 2 inch caliper, ornamental 1 inch caliper and evergreens five feet.
D. Building Design and/or Interior/Exterior Treatment Commitments.
1. For those units which are shown on Exhibit H attached hereto, the following restrictions shall apply:
a. The structures shall conform to submitted building elevations, attached hereto as Exhibit G. These elevations may be slightly adjusted to reflect final architectural detailing. Any slight adjustment to these elevations shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The general building elevations and building materials shall however conform to the building elevations.
b. The building layout shall correspond to that shown on Exhibit H to this Text. This plan may he slightly adjusted to reflect engineering, topographical, or other data developed at the time final development and engineering plans are completed. Any slight adjustment to this site plan shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The general layout and site concept shall however conform to the site plan (Exhibit H).
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Dumpsters shall be screened on three sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with the fourth side being a gate.
2. The maximum height of the light poles shall be 18 feet.
F. Graphics and Signage Commitments.
N/A
G. Miscellaneous commitments.
1. The Park shown on Exhibit A hereto has already been transferred to the City of Columbus.
2. A sidewalk shall be installed along the west side of Stelzer Road unless the sidewalk is included in the Stelzer Road improvement plan
SUB-AREA 2 (LAR-12) - 39.85 +/- Acres:
4. Permitted Uses: The permitted uses shall be those contained in Section 3333.02 (AR-12) of the Columbus City Code.
5. Development Standards: Unless otherwise indicated in this Text, the applicable development standards are found in Chapter 3333 (AR-12) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. Maximum number of multi-family dwelling units shall be 464.
B. Access, Loading. Parking and/or other Traffic Related Commitments.
1. Unless otherwise approved by the Division of Planning and Operations, there shall be only one access point to Stelzer Road.
2. There may be a public street connection north of the Park between Sub-Area 3C2 and this Sub-Area 2 only if single family lots are developed east of the Park.
C. Buffering, Landscaping, Open Space and/or Screening Requirements.
1. As shown on Exhibit A hereto, there shall be a 50 foot buffer area adjacent to Lot Numbers 351 through 361 inclusive of the Sommerset Subdivision, Section 1 as the same is numbered and delineated on the recorded plat thereof, of record in the Recorder's Office, Franklin County, Ohio:
a. All trees in excess of 5" caliper measured at a height of 2 feet above ground, which are located in the 25 northernmost feet of such buffer area shall be preserved.
b. For that portion of the 50 foot buffer area adjacent to Lots 357 through 361, inclusive, no underbrush located within the 25 northernmost feet of such buffer area shall be removed.
c. For that portion of the 50 foot buffer area adjacent to Lots 356 through 361 inclusive, beginning at a point 5 feet beyond the drip-line of all trees preserved in accordance with subparagraph (a) above, if there are any gaps in the lateral distance between these existing trees, then the developer shall planted white pine evergreens (minimum height of 5 feet at installation) spaced 10 feet apart center-to-center in the gap areas.
d. No mounding shall be constructed within this 50 foot buffer area. In the event the developer desires to erect a fence within this area, such fence shall be a cedar wood fence, finished side facing the single family lots within the buffer area 6 feet in height and located along a line which is 25 feet southerly from and parallel to the north and northwest boundary line of the Sub-Area. If installed, the property owner shall maintain the wood fence.
e. The 50 foot buffer shall only be required as indicated on the submitted plan for Sub-Area 3E when multi-family uses abut existing single-family lots.
2. The existing trees along the common property line between the Park and this Sub-Area 2 shall be maintained.
3. Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping which meets the size requirements contained in the text within a reasonable time period weather permitting
4. Minimum tree sizes at installation: street trees, 2 inch caliper, ornamental 1 inch caliper and evergreens five feet.
D. Building Design and/or Interior/Exterior Treatment Commitments.
1. The building elevations for the sides of the marked buildings as indicated on the Exhibit I attached hereto shall conform to submitted building elevations attached hereto as Exhibit J. These elevations may be slightly adjusted to reflect final architectural detailing. Any slight adjustment to these elevations shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. For the rest of the buildings the total building elevation area (the sum of all four building sides minus stairways) shall be at least twenty-five percent brick. The maximum height of any building shown on Exhibit I hereto shall not exceed two stories.
2. The building layout shall correspond to that shown on Exhibit I hereto of the submitted plan. This plan may be slightly adjusted to reflect engineering, topographical, or other site data. developed at the time final development and engineering plans are complete. Any slight adjustment to this site plan shall be reviewed and approved by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The applicant reserves the right to eliminate the garages shown on Exhibit I hereto and replace them with parking spaces.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Dumpsters shall be screened on three sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with the fourth side being a gate.
2. The maximum height of the light poles shall be 18 feet.
F. Graphics and Signage Commitments.
N/A
G. Miscellaneous commitments.
1. The Park area shown on Exhibit A hereto has already been transferred to the City of Columbus.
2. The Park shown on Exhibit A hereto shall be included in the calculation of density.
SUB-AREA 3 (PUD-4) - 13.2 +/- Acres (PUD Plan attached as Exhibit B):
6. Permitted Uses:
A. Single family dwellings on platted lots with frontage on private streets only permitted.
B. Detention / retention ponds.
7. Development Standards: Unless otherwise indicated in this Text, the applicable development standards are found in Chapter 3332 (AR-12) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. Maximum number of single family dwelling units shall be 44.
B. Access, Loading. Parking and/or other Traffic Related Commitments.
1. Unless otherwise approved by the Division of Planning and Operations, there shall be only one access point to Lifestyle Boulevard.
2. A 5 foot wide, paved, public sidewalk/bike path system shall be installed from the east side of the Park to connect to the existing path on Lifestyle Boulevard to permit pedestrian travel to Stelzer Road.
3. Subject to the approval of plans by the Division of Planning and Operations, the developer shall install a hammer head turn around at the north end of Ashley Meadow Drive, partially in Sub-Area 3 and partially in Sub-Area 4, substantially as shown on Exhibit M hereto. After completion of construction of that hammer head, the land on which it is constructed shall be conveyed to the Preserve at Albany Woods Homeowners' Association. Inc.
C. Buffering, Landscaping, Open Space and/or Screening Requirements.
1. The developer shall replace the existing 6' wood fence along those property lines of Sub-Area 3 identified as "EXISTING SUB-AREA 3 FENCE" on Exhibit D attached hereto with an Alside Augusta Solid Privacy fence, or a fence of similar material and appearance, approximately eight (8) feet high, which shall include a gate to the Park. The developer shall plant barberry bushes, approximately two (2) feet in height at time of planting, four (4) feet on center on the east and north sides of that replacement fence. Notwithstanding the foregoing, the developer shall not be required to replace the fence or install the bushes on the property of any owner who does not give the developer the right to do so.
2. The developer shall install an Alside Augusta Solid Privacy fence, or a fence of similar materials and appearance, approximately eight (8) feet high in the location identified as "NEW FENCE" on Exhibit D hereto.
3. There shall be a pedestrian access way between the single family lots and the Park in accordance with the requirements of the Recreation and Parks Department.
4. The developer shall (a) maintain the ponds in Sub-Area 3 that are shown on Exhibit A hereto, (b) maintain, light and irrigate the landscaped entrance feature located in the area identified as "Entry Feature" on Exhibit M hereto, and (c) maintain the fountain in the pond in Sub-Area 3 located at the southwest corner of Round Rock Drive and Ash Hill Way that is shown on Exhibit A hereto.
5. The developer will relocate the existing mailboxes for Sub-Area 3 from the east side of Round Rock Drive to the north side of Ash Hill Way west of Round Rock Drive, install a canopy over those mailboxes and light that mailbox area.
6. The developer will install a curb and a minimum of ten (10) maple trees on the east side of Ashley Meadow Drive in the area identified as "NEW CURB" on Exhibit D hereto and, subject to the approval of plans by the Department of Public Utilities, relocate a catch basin currently located in Sub-Area 4 east of Ashley Meadow Drive to the new curb line on the east side of Ashley Meadow Drive.
7. The developer shall make the repairs to the existing streets in Sub-Area 3 at the locations and in the manner described on the site plan attached hereto as Exhibit E.
8. The developer will plant twenty-five (25) new trees in locations in the more open areas of the tree line on Sub-Area 3 located along the north side of Ash Hill Way as shown on the Central Reserve Tree Replacement Plan as shown on Exhibit O. The trees will be planted during the next recommended planting season for the respective species of trees planted.
9. Around the pond located at the southwest corner of Round Rock Drive and Ash Hill Way, the developer shall install a garden in accordance with Exhibit F attached hereto, a white, covered gazebo eight feet in diameter having substantially the appearance depicted on Exhibit K attached hereto made of Trex or similar white composite material and three (3) trees.
10. The developer shall install a white, 3-rail fence, approximately three (3) feet four (4) inches high, along the line identified as "APARTMENT 3-RAIL FENCE" on Exhibit D hereto.
11. Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping which meets the size requirements contained in the text within a reasonable time period weather permitting.
12. Minimum tree sizes at installation: street trees, 2 inch caliper, ornamental 1 inch caliper and evergreens five feet.
D. Building Design and/or Interior/Exterior Treatment Commitments.
N/A
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Dumpsters shall be screened on three sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with the fourth side being a solid gate.
2. The maximum height of the light poles shall be 18 feet.
F. Graphics and Signage Commitments.
N/A
G. Miscellaneous Requirement.
1. Slight adjustments to the hammer head turn around shown on Exhibit M, the fence replacement areas, new fence location, new curb area and 3-rail fence location shown on Exhibit D, the street repairs described on Exhibit E, the tree locations shown on Exhibit O, the garden shown on Exhibit F and the appearance of the gazebo shown on Exhibit K shall be permitted to accommodate actual field conditions and availability of materials, subject to review and approval by the Director, Department of Development or his designee after submission of the appropriate information regarding the proposed adjustment. However, no such adjustment shall be approved which deviates from the general layout, general site concept, general scope of improvements and general appearance shown on the applicable Exhibit.
SUB-AREA 4 (PUD-8) - 28 +/- Acres (PUD Plan attached as Exhibit C):
8. Permitted Uses:
1. The permitted uses shall be those contained in Section 3333.02 (AR-12) of the Columbus City Code, except that rooftop communication devices shall be prohibited.
2. Detention/retention ponds.
9. Development Standards: Unless otherwise indicated in the text, the applicable development standards are found in Chapter 3333 (AR-12) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
1. Maximum number of multi-family dwelling units shall be 208 with frontage on private streets only permitted.
2. The building and parking setbacks shall be as shown on Exhibit C hereto.
B. Access, Loading. Parking and/or other Traffic Related Commitments.
1. Subject to the approval of plans by the Division of Planning and Operations, the developer shall install a hammer head turn around at the north end of Ashley Meadow Drive, partially in Sub-Area 3 and partially in Sub-Area 4, substantially as shown on Exhibit M hereto. After completion of construction of that hammer head, the land on which it is constructed shall be conveyed to the Preserve at Albany Woods Homeowners' Association. Inc.
C. Buffering, Landscaping, Open Space and/or Screening Requirements.
1. The developer shall replace the existing 6' wood fence along the portion of the common property line between the Park and the remainder of Sub-Area 4 that is designated as "EXISTING SUB-AREA 4 FENCE" on Exhibit D hereto with an Alside Augusta Solid Privacy fence, or a fence of similar material and appearance, approximately eight (8) feet high and install a continuation of the same fence north to the north property line of Sub-Area 4. The developer shall plant barberry bushes, approximately two (2) feet high at time of planting, four (4) feet on center on the east side of that replacement and continuation fence.
2. Landscaping shall be maintained in a healthy condition, and dead material shall be replaced with new landscaping which meets the size requirements contained in the text within three months weather permitting.
3. The developer shall install a landscaped mound in the area designated as "LANDSCAPE MOUND" on Exhibit M hereto, provided that, if required by the City of Columbus, access to Sub-Area 4 for emergency vehicles only may be provided at the north end of Ashley Meadow Drive. If such access is required by the City of Columbus, that landscaped mound may be broken to accommodate that access. That mound will be at least 5 feet in height and planted with an average of three evergreen trees and one street or ornamental tree for every 50 of the length of the mound. The trees may be evenly spaced or clumped.
4. Garages shall be located along portions of the building and parking setback in which the landscaped mound is to be installed. No parking or vehicle circulation area or building may be located between those garages and the west property line.
5. Minimum tree sizes at installation: street trees, 2 inch caliper, ornamental 1 inch caliper and evergreens five feet.
6. During development of the southern part of Sub-Area 4, the developer shall maintain a construction fence 10 feet north of the south property line along the existing tree line.
7. The swimming pool installed in Sub-Area 4 shall be enclosed with a metal tubing fence at least five (5) feet in height with a gate satisfying the requirements of the Department of Health.
D. Building Design and/or Interior/Exterior Treatment Commitments.
1. Exterior façade materials of the buildings shall be one, or a combination of two or more, of the following: brick, stone, synthetic stone, vinyl and engineered wood and may also include wood stairs, railings, decks, balusters and decking in covered breezeways and wood balconies.
2. The buildings on Sub-Area 4 will have substantially the appearance depicted on Exhibit L, although the colors and siding detail may change. The doors on the garage buildings will be Clopay Value Series doors or doors of similar appearance and materials.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Dumpsters shall be screened on three sides by a solid decorative cedar or solid vinyl fence to a minimum height of six (6) feet with a minimum of four shrubs, a minimum of one and one-half feet high at time of planting, along each of those sides. Dumpsters shall be screened on the fourth side by a decorative cedar or vinyl gate with no shrubs.
2. All dumpsters shall be located at least 350 feet from Subarea 3.
3. The maximum height of the light poles shall be 18 feet.
F. Graphics and Signage Commitments.
1. Except as limited by the immediately following item 2, all signage and graphics shall conform to Article 15, Title 33 of the Columbus City Code as it applies to the AR-12, Apartment Residential zoning district. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
2. Any sign identifying the development in Sub-Area 4 shall not exceed 8 feet in height.
3. Beginning three (3) months after the issuance of the certificate of occupancy for the last of the buildings to be constructed on Sub-Area 4, signage on Sub-Area 4 for identifying and advertising will be limited to the signage described on Exhibit N attached hereto.
G. Miscellaneous commitments.
1. The Park area shown on Exhibit A has already been transferred to the City of Columbus.
2. The Park shown on Exhibit A shall be included in the calculation of open space and density.
3. The developer shall install a dog park at substantially the location identified as "PROPOSED DOG PARK" on Exhibit M attached hereto, together with a paved walkway from the hammer head at the end of Ashley Meadow Drive to that dog park. That dog park shall consist of an area, surrounded on three sides by a chain link fence four (4) feet in height and on the fourth side by the fence required in Sub-Area 4 by Item C.1 above, and an entry area having gates on both sides. That dog park and access walk shall be conveyed to the Preserve at Albany Woods Homeowners' Association, Inc.
4. The developer shall install a bicycle rack in the area of the community building and swimming pool.
5. Slight adjustments to the hammer head turn around, landscaped mound and dog park shown on Exhibit M, the replacement and continuation fence areas shown on Exhibit D, the building appearances depicted on Exhibit L and the sign locations shown on Exhibit N shall be permitted to accommodate actual field conditions and availability of materials, subject to review and approval by the Director, Department of Development or his designee after submission of appropriate information regarding the proposed adjustment. However, no such adjustment shall be approved which deviates from the general layout, general site concept and general building appearances shown on the applicable Exhibit.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.