Explanation
Rezoning Application: Z19-045
APPLICANT: Herman & Kittle Properties Inc.; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite #460; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 10, 2019.
FAR SOUTH COLUMBUS AREA COMMISSION: DisaApproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 27.56± acre site consists of two undeveloped parcels zoned in the R-2, Residential District. The applicant proposes the L-AR-12, Limited Apartment Residential District to permit a multi-unit residential development. The limitation text includes supplemental development standards that establish a maximum of 284 apartment units, traffic access provisions, and commitments to site and landscape plans. The site is within the planning area of the Scioto Southland Plan (2007), which recommends “Institutional” land uses at this location. However, the plan also includes an alternative recommendation of “Medium Density Multi-family.” Staff supports this proposal as the request is consistent with the Plan’s recommendation. Additionally, Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) supports high density on primary corridors, which is also consistent with the proposal, noting that this area has not yet adopted C2P2.
Title
To rezone 3051 S. HIGH ST. (43207), being 27.56± acres located on the west side of South High Street, 120± feet south of Southgate Drive, From: R-2, Residential District, To: L-AR-12, Limited Apartment Residential District (Rezoning #Z19-045).
Body
WHEREAS, application #Z19-045 is on file with the Department of Building and Zoning Services requesting rezoning of 27.56± acres from R-2, Residential District, to L-AR-12, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Far South Columbus Area Commission recommends disapproval; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-AR-12, Limited Apartment Residential District is consistent with the recommendations of the Scioto Southland Plan and Columbus Citywide Planning Policies and compatible with development along South High Street which is a primary corridor in the region; 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:
3051 S. HIGH ST. (43207), being 27.56± acres located on the west side of South High Street, 120± feet south of Southgate Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in part of Section 9, Township 4, Range 22, Matthews Survey, Congress Land, being part of that original Teresa Windmiller land as described in Instrument Number 201404160045822 (record references to those of the Recorder’s Office, Franklin County, Ohio), being part of Lot 4 and Lot 5 of Plat “A” in case of Charles Merion by Charles S. Merion, his Guardian versus Benjamin L. Fisher et al. on file, in Complete Record 61, Page 136 et seq., Common Pleas Court, Franklin County, Ohio, and a part of that original Teresa Windmiller land as described in Instrument No. 201404160045824, and being more particularly described as follows:
Commencing for reference at Franklin County Monument FCGS 5210 at the centerline intersection of Parsons Avenue and Williams Road;
thence NORTH 43 degrees 55 minutes 04 seconds WEST, 3351.70 feet to a Mag Nail set at the northeast corner of the City of Columbus land as described in Instrument Number 201410240141191 to the City of Columbus, being the southeast corner of said Teresa Windmiller land (Instrument No. 201404160045824), being in the centerline of South High Street (Portsmouth-Columbus Road, S.H. 5 Secs. Exp., G (Pt.) & F.), being at the TRUE POINT OF BEGINNING:
thence with the north line of said City of Columbus land, being the south line of said Teresa Windmiller land (Instrument No. 201404160045824), NORTH 85 degrees 24 minutes 43 seconds WEST, (passing a 5/8-inch diameter rebar found at 40.11 feet) 1208.64 feet to a 1-inch pipe found at the north corner of said City of Columbus land, being the southwest corner of said Teresa Windmiller land (Instrument No. 201404160045824);
thence with the east line of said City of Columbus land, being the west line of said Teresa Windmiller land (Instrument No. 201404160045824), NORTH 03 degrees 29 minutes 50 seconds EAST, 146.75 feet to a 5/8-inch diameter rebar set at the east corner of said City of Columbus land, being the west corner of said Teresa Windmiller land (Instrument No. 201404160045824);
thence with the north line of said City of Columbus land, being the south line of said Teresa Windmiller land (Instrument No. 201404160045824), NORTH 84 degrees 45 minutes 10 seconds WEST, 137.23 feet to a 3/4-inch pipe found at the north corner of said City of Columbus land, being the south corner of said Teresa Windmiller land (Instrument No. 201404160045824);
thence with the east line of the Columbus Feeder of the Ohio & Erie Canal as acquired by the State of Ohio by the Canal Land Act of 1825 and as described in the Commissioner’s Register and as demonstrated on page 7 of the “Plat of the Columbus Feeder of the Ohio & Erie Canal surveyed for The Columbus Railway Power & Light Co. under the terms of the lease with the State of Ohio”, dated January 30, 1927, and, subject to a 99 year lease with Columbus and Southern Ohio Electric Company, now known as the American Electric Company (AEP), as recorded in Lease Record 83, page 346, being the west line of said Teresa Windmiller land (Instrument No. 201404160045822 and Instrument No. 201404160045824), NORTH 16 degrees 50 minutes 07 seconds EAST, 327.87 feet to a 5/8-inch diameter rebar in concrete found at the east corner of said Columbus Feeder of the Ohio & Erie Canal, being the west corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the east line of said Columbus Feeder of the Ohio & Erie Canal, being the west line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 06 degrees 01 minutes 57 seconds EAST, 225.91 feet to a 5/8-inch diameter rebar in concrete found at the east corner of said Columbus Feeder of the Ohio & Erie Canal, being the west corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the east line of said Columbus Feeder of the Ohio & Erie Canal, being the west line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 01 degrees 50 minutes 24 seconds WEST, 190.46 feet to a 5/8-inch diameter rebar set at the east corner of said Columbus Feeder of the Ohio & Erie Canal, being the west corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the east line of said Columbus Feeder of the Ohio & Erie Canal, being the west line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 04 degrees 40 minutes 49 seconds WEST, 106.96 feet to a 5/8-inch diameter rebar set at the east corner of said Columbus Feeder of the Ohio & Erie Canal, being the west corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the east line of said Columbus Feeder of the Ohio & Erie Canal, being the west line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 12 degrees 51 minutes 37 seconds WEST, 68.71 feet to a 5/8-inch diameter rebar set at the east corner of said Columbus Feeder of the Ohio & Erie Canal, being the northwest corner of said Teresa Windmiller land (Instrument No. 201404160045822), being the south line of the Board of Education of the Columbus City School District land as described in Deed Book 856, Page 481, Deed Book 724, Page 195 and Deed Book 187, Page 570. (Also See Instrument Number 201202240025786);
thence with the south line of said Board of Education of the Columbus City School District land, being the north line of said Teresa Windmiller land (Instrument No. 201404160045822), SOUTH 85 degrees 54 minutes 48 seconds EAST, (passing a 3/4-inch pipe found at 23.77 feet and 1206.20 feet) 1246.29 feet to a Mag Nail at the southeast corner of said Board of Education of the Columbus City School District land, being the northeast corner of said Teresa Windmiller land (Instrument No. 201404160045822), being in said centerline of South High Street;
thence with said centerline of South High Street, being the east line of said Teresa Windmiller land (Instrument No. 201404160045822), SOUTH 00 degrees 10 minutes 34 seconds WEST, 528.03 feet to a Mag Nail set at the northeast corner of the James M. Devine and Kimberly S. Devine land as described in Deed Book Volume 3642, Page 90, being the east corner of said Teresa Windmiller land (Instrument No. 201404160045822),
thence with the north line of said James M. Devine and Kimberly S. Devine land, being the south line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 85 degrees 53 minutes 16 seconds WEST, (passing a 3/4-inch pipe found at 40.54 feet) 337.00 feet to a 5/8-inch diameter rebar set at the northwest corner of said James M. Devine and Kimberly S. Devine land, being the south corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the west line of said James M. Devine and Kimberly S. Devine land, being the east line of said Teresa Windmiller land (Instrument No. 201404160045822), parallel with said South High Street, SOUTH 00 degrees 10 minutes 34 seconds WEST, 86.42 feet to a Mag Nail set at the southwest corner of said James M. Devine and Kimberly S. Devine land, being the east corner of said Teresa Windmiller land (Instrument No. 201404160045822), being on the north line of the Lucille Lawson land as described in Instrument Number 201608230111300;
thence with the north line of said Lucille Lawson land, being the south line of said Teresa Windmiller land (Instrument No. 201404160045822), NORTH 85 degrees 53 minutes 16 seconds WEST, 236.16 feet to a 5/8-inch diameter rebar set at the northwest corner of said Lucille Lawson land, being the south corner of said Teresa Windmiller land (Instrument No. 201404160045822);
thence with the west line of said Lucille Lawson land, being the east line of said Teresa Windmiller land (Instrument No. 201404160045824), parallel with said South High Street, SOUTH 00 degrees 20 minutes 14 seconds EAST, 152.00 feet to a 5/8-inch diameter rebar set at the southwest corner of said Lucille Lawson land, being the east corner of said Teresa Windmiller land (Instrument No. 201404160045824);
thence with the south line of said Lucille Lawson land and the south line of the City of Columbus 0.209 acre tract as conveyed in Official Record 324 J16, being the north line of said Teresa Windmiller land (Instrument No. 201404160045824), SOUTH 85 degrees 53 minutes 16 seconds EAST, (passing a 3/4-inch pipe found at 532.71 feet) 573.16 feet to a Mag Nail set at the southeast corner of said Lucille Lawson land, being the north corner of said Teresa Windmiller land (Instrument No. 201404160045824), being in said centerline of said South High Street;
thence with said centerline of South High Street, being the east line of said Teresa Windmiller land (Instrument No. 201404160045824), SOUTH 00 degrees 20 minutes 14 seconds EAST, 302.87 feet returning to the ‘True Point of Beginning,’ containing 27.562 acres of land, 0.763 acres of which is Presently Occupied by Right-of-Way (PRO), more or less, being comprised of 12.839 acres, including 0.485 PRO acreage, in PIN 010-112512 and 14.723 acres, including 0.278 PRO acreage in PIN 010-114024, more or less, as surveyed and described in October 9, 2019, by Matthew M. Knoy, Professional Surveyor No. S-8761.
To Rezone From: R-2, Residential 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 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-AR-12, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said site plans being titled, “WINDMILLER POINTE - ARCHITECTURAL SITE
PLAN,” “WINDMILLER POINTE - LANDSCAPING PLAN,” and “WINDMILLER POINTE - LANDSCAPING DETAILS,” and said text being titled, “TEXT,” all dated November 21, 2019, and signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
PROPOSED DISTRICTS: L-AR-12
PROPERTY ADDRESS: 3051 South High Street
OWNER: Teresa Windmiller et al.
APPLICANT: Herman & Kittle Properties Inc.
DATE OF TEXT: 11/21/19
APPLICATION: Z19-045
1. INTRODUCTION: The site is on the west side of South High Street, between Southgate Drive and Williams Road.
2. PERMITTED USES: Those uses permitted in Section 3333.02, AR-12, ARLD and AR-1 Apartment Residential district use of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3333 Apartment Residential of the Columbus City Code
A. Density, Lot, and/or Setback Commitments.
The maximum number of dwelling units shall be 284.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
The applicant shall install a south bound right turn lane on High Street as shown on the submitted site plan.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
The Property shall be landscaped in accordance with the Landscape Plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
N/A
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
N/A
F. Graphics and Signage Commitments
All Graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus Cade as it applies to the AR-12 zoning classification and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous
1. Site Plan Revision Allowance. The Property shall be developed in accordance with the Site Plan being titled “WINDMILLER POINTE - ARCHITECTURE PLAN”; however, the Site Plan shall be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department of Building and Zoning Services or the Directors’ designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
2. Landscape Plan Revision Allowance. The Property shall be landscaped in accordance with the Landscape Plans being titled “WINDMILLER POINTE - LANDSCAPING PLAN” and “WINDMILLER POINTE - LANDSCAPING DETAILS”; however, the Landscape Plans shall be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department of Building and Zoning Services or the Directors’ designee may approve any slight adjustment to the Landscape Plans 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.