Explanation
Rezoning Application # Z06-065
APPLICANT: Portrait Homes Ohio, LLC; c/o David Perry, Agent; 145 East Rich Street, 3rd Floor; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on October 12, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-AR-12, Limited Apartment Residential District would permit a maximum of two (2) dwelling units on the 1.15-acre site. The site is proposed to be developed in conjunction with the 11.2 acre site to the north and west with access to East Broad Street only allowed through that adjacent parcel. The limitation text commits to the same development standards as the adjacent 11.2 acre site. The proposed development is consistent with the zoning and development patterns of the area. There is a companion council variance, CV06-050, which proposes to allow two-unit dwellings and stacked parking on the site.
Title
To rezone 7468 EAST BROAD STREET (43004), being 1.15± acres located on the north side of East Broad Street, 65± feet east of Kingsmeadow Lane, From: R, Rural District, To: L-AR-12, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-065).
Body
WHEREAS, application #Z06-065 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.15± acres From: R, Rural District, To: L-AR-12, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed development is consistent with the zoning and development patterns of the area. The requested L-AR-12, Limited Apartment Residential District would permit a maximum of two (2) dwelling units on the 1.15-acre site. The site is proposed to be developed in conjunction with the 11.2 acre site to the north and west with access to East Broad Street only allowed through that adjacent parcel. The limitation text commits to the same development standards as the adjacent 11.2 acre site, 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:
7468 EAST BROAD STREET (43004), being 1.15± acres located on the north side of East Broad Street, 65± feet east of Kingsmeadow Lane, and being more particularly described as follows:
LEGAL DESCRIPTION
7468 East Broad Street, Columbus, Ohio 43004
(1.147 ACRES)
Situated in the State of Ohio, County of Franklin, Township of Jefferson, Quarter Township 4, Township 1, Range 16, United States Military Lands, being all of the remainder of the 4.21 acre tract conveyed to Annis L. Brake by deed of record in Instrument Number 200305200150381 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at a monument found marking an angle point in the centerline of East Broad Street (State Route 16, 110' wide), being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation;
thence South 81° 50' 35" West, a distance of 225.60 feet, with said centerline of East Broad Street, to the southeast corner of 44 WD conveyed to The State of Ohio by deed of record in Official Record 16439 B15 and the southwest corner of 45 WD conveyed to The State of Ohio by deed of record in Official Record 16572 A12;
thence North 04° 06' 05" East, a distance of 56.28 feet, with the line common to said 44 WD and 45 WD, to an iron pin set in the northerly right-of-way line of said East Broad Street, at a common corner of said 44 WD and 45 WD, the original 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio by deed of record in Deed Book 3336, Page 691, and said remainder of 4.21 acre tract, being the TRUE POINT OF BEGINNING;
thence South 81° 50' 35" West, a distance of 164.24 feet, with said northerly right-of-way line of East Broad Street and the line common to said remainder of 4.21 acre tract and said 44 WD, to a ½" rebar found at the common corner of said remainder of 4.21 acre tract, said 44 WD, 38 WD conveyed to the State of Ohio by deed of record in Official Record 16464 D11 and the 4.34 acre tract conveyed as Tract II to James A. Geiger, Trustee and Victoria L. Geiger, Trustee, by deed of record in Instrument Number 200502230032593;
thence North 03° 51' 45" East, a distance of 327.86 feet, with the line common to said remainder of 4.21 acre tract and said 4.34 acre tract, to a ½" rebar found at the common corner of said remainder of 4.21 acre tract and the 2.788 acre tract conveyed as Tract I to James A. Geiger, Trustee and Victoria L. Geiger, Trustee, by deed of record in Instrument Number 200502230032593;
thence South 85° 31' 54" East, a distance of 161.87 feet, with the line common to said remainder of 4.21 acre tract and said 2.788 acre tract, to an iron pin set in the easterly line of said original 3.59 acre tract;
thence South 04° 06' 05" West, a distance of 291.95 feet, with the line common to said remainder of 4.21 acre tract and original 3.59 acre tract, to the TRUE POINT OF BEGINNING, containing 1.147 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
To Rezone From: R, Rural District,
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 text being titled "DEVELOPMENT TEXT," dated October 17, 2006 and signed by David B. Perry, agent for the applicant, and Donald Plank, attorney for the applicant, and the text reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
1.2 +/- ACRES
EXISTING DISTRICT: R, Rural District
PROPOSED DISTRICT: L-AR-12, Limited Apartment Residential
ADDRESS: 7468 East Broad Street, Columbus, OH 43004
OWNER: Annis L. Brake c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and 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, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215
DATE OF TEXT: October 17, 2006
APPLICATION NUMBER: Z06-065
INTRODUCTION:
The subject property is 1.2 + acres generally located on the north side of East Broad Street, west of Waggoner Road and opposite (north of) the intersection of Kingsmeadow Lane and East Broad Street. Applicant proposes to develop the property in conjunction with adjacent property zone L-AR-12 to the north and west.
1. PERMITTED USES: Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.
2. DEVELOPMENT STANDARDS: Unless otherwise specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. There shall be no more than 3 dwelling units within the 1.2 acre area being rezoned.
2. No building shall exceed 1 1/2 stories above grade.
3. The minimum parking setback along East Broad Street shall be 60 feet.
4. The east perimeter yard shall be 25 feet.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. There shall be no direct vehicular access to East Broad Street. All vehicular access shall be from/to a private street to be built on the abutting 11.2 +/- acres to the north and west. The 11.2 +/- acres has a full turning movement curbcut on East Broad Street.
2. 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 installed per current City policy on signage for private streets and alleys/lanes. They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes. Fire hydrants shall be located on the side of the street where no parking is permitted.
b. The owner, developer, and/or the Homeowners Association must establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas. There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as the owner, developer, and/or Homeowners Association determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above. Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.
c. The owners, developer, and/or Homeowners Association shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alley/lanes.
d. Intersection details concerning turning radii, parking restrictions and intersection configurations shall conform with the Fire Vehicle Access Plan.
3. A five (5) foot wide sidewalk shall be provided along and parallel to East Broad Street.
4. An internal four (4) foot wide sidewalk shall be provided along one (1) side of any internal private street.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The frontage along East Broad Street shall be landscaped with street trees placed every forty (40) feet, subject to adjustment of spacing based on driveway location and clear vision requirements. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
2. The East Broad Street parking setback shall be maintained in live vegetation except as required for compliance with storm water detention/retention requirements. Entrance feature walls, fencing and/or landscaping are also permitted in the setback subject to no fence or wall shall exceed six (6) feet in height in the East Broad Street Parking setback. Randomized tree planting at the rate of three (3) trees per 100 lineal feet of East Broad Street street frontage shall also be included within the setback. The trees shall be placed randomly to simulate natural hedgerow. These trees are in addition to the street trees required in No. 1, above.
3. A minimum of one (1) tree per dwelling unit shall be planted on site.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 5 feet in height.
6. All parking areas adjacent to East Broad Street shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of East Broad Street. Headlight screening shall be in the form of an evergreen hedge or other landscaping, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. Mounding, if any, shall have a minimum slope of 3:1.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS, glass and/or hardi-plank. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater. Dimensional asphalt shingles shall be used.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles shall not exceed a maximum of 14 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. It is the developer's intention to obtain a dumpster waiver. 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.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. The site is subject to the Parkland Dedication Ordinance (PDO). PDO fees, as applicable, shall be paid prior to the issuance of a Certificate of Zoning Clearance.
2. A temporary sales office shall be permitted prior to the development of a model dwelling unit(s).
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.