Explanation
Rezoning Amendment: Z03-033B
Ordinance #1958-2003 (Z03-033), passed October 25, 2004, rezoned 12.02± acres at 2699 Spangler Road from R-1, Residential District to L-AR-12, Limited Apartment Residential District, to allow a multi-unit residential development with up to 120 total units in accordance with the submitted development text. Ordinance #1474-2006 (Z03-033A), passed October 4, 2006, amended the original ordinance to allow town house uses. This ordinance amends 9.57± acres of the original 12± acres to allow three-story buildings, whereas only two-story buildings were previously allowed. No other aspects of Ordinances #1958-2003 (Z03-033) or #1474-2006 (Z03-033A) are changing with this amendment.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #1958-2003 (Z03-033), passed October 25, 2004, and Ordinance #1474-2006 (Z03-033A) passed October 4, 2006 for property located at 2731 MCHENRY DR. (43207), by amending Section 1 of Ordinance #1958-2003 (Z03-033) to include the legal description for this specific property and by repealing Section 1 of Ordinance #1474-2006 (Z03-033A) and replacing it with new Section 3 to modify the limitation text as it pertains to the allowable building height (Rezoning Amendment #Z03-033B).
Body
WHEREAS, Ordinance #1958-2003 (Z03-033), passed October 25, 2004, rezoned 12± acres at 2731 MCHENRY DR. (43207), from R-1, Residential District to the L-AR-12, Limited Apartment Residential District to allow multi-unit residential development; and
WHEREAS, that rezoning established allowed uses with specific development standards including a maximum building height of two stories; and
WHEREAS, Ordinance #1474-2006 (Z03-033A) amended Ordinance #1958-2003 (Z03-033) to allow town house uses within the multi-unit residential development; and
WHEREAS, the Applicant proposes to modify the limitation text to allow an increased maximum building height of three stories; and
WHEREAS, it is necessary to amend Section 1 of Ordinance #1958-2003 (Z03-033), passed October 25, 2004, to revise the legal description in Section 1 of this ordinance for the property that is subject to this amendment; and
WHEREAS, it is necessary to amend the limitation text included in Section 1 of Ordinance #1474-2006 (Z03-033A) passed October 4, 2006, to allow an increased maximum building height of three stories; and
WHEREAS, all other aspects of Ordinances #1958-2003 (Z03-033) and #1474-2006 (Z03-033A) are unaffected by this amendment and remain in effect, and are included below for clarity; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 1 of Ordinance #1958-2003 (Z03-033), passed October 25, 2004, as it applies to this property, be hereby repealed and replaced with a new Section 1 to establish a revised legal description for the property subject to this amendment ordinance and reading as follows:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
2731 MCHENRY DR. (43207), being 9.57± acres located on the west side of Spangler Road, 225± feet south of Watkins Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being known as part of the Northwest Quarter of Section 7, Township 11N, Range 21W, Mathews Survey of Congress Lands, being further known as the Spangler Farms Plat of Subdivision, as recorded in Plat Book 132, Pages 521-525 of the Franklin County Recorder’s Office and being more fully bounded and described as follows:
Beginning for reference at Franklin County Monument No. 4470 at the centerline intersection of Spangler Road (Variable R/W) with Watkins Road (a 60-foot dedicated road);
Thence S 04°08'43” W along the centerline of said Spangler Road a distance of 476.70-feet to a point being located on said centerline, said point also being located on the northeasterly corner of a parcel of land now or formerly owned by Duncan S. Campbell, as recorded in Instrument No. 200502090024721 of the Franklin County Recorder's Office;
Thence N 85°38’14” W along the northerly line of said Campbell Parcel a distance of 315.11-feet to an iron pin set on said northerly line and the true point of beginning;
Thence continuing N 85°38’14” W along said northerly line of Campbell Parcel a distance of 212.58-feet to an iron pin set (PM) at the northwesterly corner of said Campbell Parcel;
Thence S 04°29’02” W along the westerly line of said Campbell Parcel a distance of 164.32-feet to a 5/8-inch rebar found bent at the southwesterly corner of said Campbell Parcel, said rebar found also being located on the northerly line of Lot 9 of Timbercreek Village, as recorded in Plat Book 69, Page 3 of the Franklin County Recorder's Office;
Thence N 85°39’12” W along the northerly line of said Lot 9, the northerly terminus of Green Meadows Street (a 50-foot dedicated road), Lot 8, and Lot 10 of said Timbercreek Village, passing over 5/8-inch rebar’s found (capped Pomeroy) at distances of 82.04-feet and 132.04-feet, therefrom a total distance of 587.04-feet to an iron pin set (PM) at the northwesterly corner of said Lot 10, said iron pin set also being located on the easterly line of a parcel of land now or formerly owned by JAL Realty Co., as recorded in Instrument No. 199709110091847 of the Franklin County Recorder's Office;
Thence N 04°16’26” E along the easterly line of said JAL Realty Parcel a distance of 323.77-feet to an iron pin set at an angle point in said easterly line;
Thence N 04°07'56" E and continuing along said easterly line of the JAL Realty Parcel a distance of 314.76-feet to an iron pin set (PM) at an angle point in said JAL Realty Parcel, said iron pin set also being located on the northerly line of Section 7, said northerly line being common to the southerly line of said Section 6;
Thence S 85°46’52” E along the common dividing line of Section 6 and Section 7, the southerly line of said JAL Realty Co. Parcel, the southerly line of a parcel of land now or formerly owned by Randy R. Jackson and Myrtle E. Hayes, as recorded in Instrument No. 200704130065149 of the Franklin County Recorder's Office, the southerly line of a parcel of land now or formerly owned by Mary Lou Leonard, as recorded in Instrument No. 199805190122210 of the Franklin County Recorder's Office, a distance of 588.44-feet to a 3/4-inch iron pin found on the southerly line of said Leonard Parcel, said iron pin found also being located at the northwesterly corner of a parcel of land now or formerly owned by Joan Elflein and Richard J. Elflein, Jr., as recorded in Instrument No. 200906020078497 of the Franklin County Recorder's Office;
Thence S 04°27’33” W along the westerly line of said Elflein Parcel a distance of 82.50-feet to an iron pin set at the southwesterly corner of said Elflein Parcel;
Thence S 85°52’17” E along the southerly line of said Elflein Parcel a distance of 186.78-feet to a 3/4-inch iron pin found (capped Haines) on said southerly line, said iron pin found also being located at the northwesterly corner of a separate parcel of land now or formerly owned by Richard J. Elflein, Jr. and Joan Elflein, as recorded in Instrument No. 20140320035756 of the Franklin County Recorder's Office;
Thence S 04°19’48” W along the westerly line of said Elflein Jr. Parcel a distance of 117.45-feet to an iron pin set (PM) on said westerly line, said iron pin set also being located at the northeasterly corner of Spangler Farms Condominium Second Amendment, as recorded in Instrument No. 200806240096729 of the Franklin County Recorder's Office (Condo Plat Book 204, Page 72);
Thence along Spangler Farms Condominium Second Amendment the following three (3) course:
1. N 85°41’18” W a distance of 212.42-feet to an iron pin set;
2. S 04°18’42” W a distance of 78.07-feet to an iron pin set;
3. S 85°41’18” E a distance of 43.79-feet to an iron pin set on the southerly line of said Spangler Farms Condominium Second Amendment, said iron pin set also being located at the northwesterly corner of Spangler Farms Condominium, as recorded in 200711150197841 of the Franklin County Recorder's Office (Condo Plat Book 195, Page 50);
Thence along Spangler Farms Condominium the following three (3) courses:
1. S 04°18’36” W a distance of 105.50-feet to an iron pin set;
2. S 85°41’18” E a distance of 194.97-feet to an iron pin set;
3. S 04°18’36” W a distance of 92.70-feet to an iron pin set on the northerly line of foresaid Campbell Parcel and the true point of beginning and containing therein 9.573 acres (416,993.16 Sq. Ft.) of land to be the same more or less, however subject to all legal highways, rights-of-way, easements, exceptions, reservations, and agreements.
To Rezone From: L-AR-12, Limited Apartment Residential District,
To: L-AR-12, Limited Apartment Residential District.
SECTION 2. That a Height District of 35 feet is hereby established on the L-AR-12, Limited Apartment Residential District on this property.
SECTION 3. That Section 1 of Ordinance #1474-2006 passed October 4, 2006 (Z03-033A), which established a new Section 3, be hereby repealed and replaced with new Section 3 reading as follows:
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved L-M, Limited Manufacturing District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, “SPANGLER FARM LANDSCAPE DETAILS,” signed by George R. McCue, dated October 14, 2004, “2699 SPANGLER ROAD TOWN HOUSE PLAN,” signed by Michael Shannon, Attorney for the Applicant, dated April 7, 2006, and said text titled, “DEVELOPMENT TEXT,” dated May 28, 2024, and signed by Rebecca Mott, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL 12+/- ACRES
EXISTING DISTRICT: L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
PROPOSED DISTRICT: L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT
PROPERTY ADDRESS: 2731 MCHENRY DRIVE, COLUMBUS (43207)
OWNERS: MARONDA HOMES, INC. OF OHIO (NOW KNOWN AS MARONDA HOMES, LLC OF OHIO)
APPLICANT: MARONDA HOMES, INC. OF OHIO (NOW KNOWN AS MARONDA HOMES, LLC OF OHIO)
DATE OF TEXT: MAY 28, 2024
APPLICATION NO.: Z03-033B
INTRODUCTION: The subject property is 9.57± acres located on the west side of Spangler Road, south of Watkins Road. Applicant proposes to amend the Development Text for the Property approved for a town house development to permit three (3) story units. The Property is currently vacant with some existing trees along the west and partial north property lines. This Amendment is filed to permit development of the Property under the town house development standards of C.C.C. §3333.41, as a possible alternative to the previously-approved and specified condominium development. The Property will be developed in substantial compliance with the Development Text approved by Ordinance 1958-2003 (Z03-033), as amended by Ordinance 1474-2006 (Z03-033(A), and in accordance with the variance approval (CV05-068) for certain variances to the town house development standards of §3333.41.
1. PERMITTED USES: The following uses shall be permitted: Those uses listed in Section 3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333, Apartment Districts, of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
1. Density: The maximum number of units shall be 120, for a site density of ten (10) units/acre. The maximum number of units in each building shall be six (6).
2. Height: The buildings shall be limited to not greater than three (3) stories.
3. Setbacks:
a. There shall be a minimum 25-foot building, parking and pavement setback along the perimeter of the Property, except as stated in Sections 3.b. and 3.c., below.
b. There shall be a minimum 40-foot building, parking, and pavement setback along the west property line.
c. There shall be a minimum 50-foot building setback from the Spangler Road right-of-way line, except that any part of the entrance feature structure which is greater than six (6) feet in height shall be a minimum of 25 feet from the right-of-way line.
B. Access, Loading, Parking and/or Traffic-Related Commitments.
1. Access to the Property shall be from Spangler Road and shall be subject to final engineering and location approval of the Department of Public Service, Division of Traffic Management.
2. At the request of the City of Columbus Department of Public Service, Division of Traffic Management and/or the Division of Fire, a 15-foot emergency access drive shall be established at the current terminus of Green Meadows Street and constructed to City of Columbus specifications. It is the intent of the Applicant/Developer that this emergency access be designed so as to mitigate its appearance.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The Applicant/Developer shall install deciduous trees 30 feet on center, along the southernmost property line, excluding the fence areas described in paragraph C.5.
2. The Applicant/Developer shall not disturb the tree buffer that exists along the west boundary line of the "Vance" property, parcel number 530-156612, except where necessary to install the fencing described in Paragraph C.5., below, and except that trees and/or underbrush which interfere with the installation of utilities may be removed, subject to any removal being the minimum necessary.
3. Along the west and north perimeter (which is adjacent to the L-M-2 site) is an existing tree line which shall be maintained as a natural buffer area consistent with best management practices for maintenance. Trees and/or underbrush which interfere with the installation of utilities and/or walking path(s) may be removed, subject to any removal being the minimum necessary. Any gaps in the current tree line will be replanted with evergreen trees, 15 feet on center, in accordance with paragraph C.4. herein.
4. The minimum size of plant material at time of installation shall be as follows: Deciduous Tree - 2 ½-inch caliper (measured at six (6) inches above ground), Ornamental Tree - 1 ½-inch caliper (measured at six (6) inches above ground), Evergreen Tree - six (6) feet in height.
5. Along the north and west sides of parcel number 530-156569, along the south and west sides of the parcel number 530-156576, and along the south and west sides of parcel number 530- 156612, the Applicant/Developer shall install a six (6)-foot high cedar fence.
6. A 10-foot wide "Reserve Area" shall be provided around the perimeter of the Property (excluding the entry drive area), to provide for preservation and maintenance of the existing and/or newly-installed landscaping and fencing as described in this Development Text. The Preservation Area shall be owned and maintained by the homeowner association established for the town house development, if applicable.
7. Plant material that is planted as a requirement of this text shall be maintained in a healthy condition. Dead plant material shall be replaced with plant material that meets the minimum size requirements for new plant material within three (3) months, weather permitting.
8. The Applicant/Developer agrees to install a minimum of 4 deciduous trees, 22 evergreen shrubs, and 24 deciduous shrubs per 6- unit building, or 3 deciduous trees, 20 evergreen shrubs, and 16 deciduous shrubs per 4-unit building, as depicted in the submitted Spangler Farm Landscape Details, as typical. These trees and shrubs may be evenly spaced (as shown) or naturally grouped within front and/or side yards, as may be necessary to accommodate required parking, drive aisles, overall aesthetics, and development standards. This commitment may be enforced by calculating the total number of trees and shrubs provided per the tree and shrub-to- building ratio above.
9. The Applicant/Developer agrees to incorporate the entry features as depicted in the submitted Spangler Farm Landscape Details, which includes 6 trees on each side of the entrance way with a hedge, low shrubs, and perennial and annual flowers in front. The entry features, including stone column and signage, may be modified or excluded should alternative landscaping, such as ponds, trees, and/or neighborhood-scale landscaping, be installed in an effort to maintain the existing rural character of Spangler Road.
10. Any landscaping specified in the Spangler Farm Landscape Details may be relocated due to final engineering of the site, including site access, parking, drive aisles and building footprint, with the approval of the Director of the Department of Building and Zoning Services.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. To facilitate that building materials shall be traditional and natural in appearance, primary exterior building materials, other than window, door, and roof materials, shall consist of one or more of the following: brick, wood trim, and/or vinyl siding. Buildings shall be finished on all sides/elevations with the same level and quality of finish.
2. The Net Floor Area for Living Quarters, as defined in the Columbus Zoning Code, per dwelling unit shall be a minimum of 1,500 square feet.
3. Garages:
a. All units will have at least a two-car garage.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All light fixtures shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
2. All new or relocated utility lines shall be installed underground.
3. The height of the lighting poles shall be no greater than 12 feet from the finished elevation where installed.
4. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage onto neighboring property.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the AR-12, Apartment Residential District. Any variance to the applicable sign requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous Commitments.
1. Parkland Dedication Commitments: Applicant/Developer will make a monetary contribution to the Recreation and Parks Department, unless credits have been provided to the City of Columbus, Recreation and Parks Development and banked by Applicant/Developer for previously-approved development projects located within the neighborhood or general vicinity. Said contribution, if applicable, will be made prior to zoning clearance.
2. Sidewalks: Internal sidewalks and a sidewalk out to Spangler Road will be provided and developed in accordance with the submitted Site Plan committed to hereunder.
3. Homeowners' or Condominium Association: A homeowners' or condominium association will be responsible for the maintenance of green space and common areas including, but not limited to, the maintenance of the landscaping obligations contained on the Spangler Farm Landscape Details plan and in this Development Text:
a. The Applicant/Developer agrees to use best management practices to ensure environmentally-sound care and maintenance of the general lawn and landscaping for the development. Where possible, the Applicant/Developer will utilize natural and/or organic lawn care treatment products, for the care and maintenance of the lawn/ landscaping for the development, with all products applied in strict accordance to label instructions. This requirement shall be incorporated in the homeowners' or condominium association documents, for continued use and administration by the homeowners' or condominium association.
b. Further, the homeowners' or condominium association documents shall be prepared to include provisions whereby the association maintains common areas and has authority to make unit-by-unit repairs, so as to preclude non-maintenance situations. The association shall be vested with authority to repair or "clean up" circumstances of non-maintenance and assess unit owners accordingly.
4. The subject Property shall be developed in accordance with this Development Text and the submitted Spangler Farm Landscape Details plan, which may be slightly adjusted to reflect engineering, topographical or other site data available at the time of development. Any slight adjustment to the Plans shall be reviewed and may be approved by Director of the Department of Building and Zoning Services, or their designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.