Explanation
Rezoning Application Z03-058
APPLICANT: Portrait Homes; c/o Donald T. Plank, Atty.; Shuler, Plank and Braham, 145 East Rich Street, Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on December 11, 2003.
ROCKY FORK-BLACKLICK ACCORD IMPLEMENTATION PANEL: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the PUD-6, Planned Unit Development District to develop a total of 63 dwelling units consisting of 20 3- and 4- unit buildings. The site is located along a portion of Warner Road, just east of the Warner-Hamilton Road intersection zoned for multi- and single-family land uses. The site lies within the boundaries of the Rocky Fork-Blacklick Accord, the applicant received a recommendation of approval from the Rocky Fork-Blacklick Accord Implementation Panel.
Title
To rezone 5500 WARNER ROAD (43081), being 14.72± located on the north side of Warner Road, 650± feet east of the Hamilton Road extension, From: R, Rural District, To: PUD-6, Planned Unit Development District and to declare an emergency. (Rezoning # Z03-058)
Body
WHEREAS, application #Z03-058 is on file with the Building Services Division of the Department of Development requesting rezoning of 14.72± acres from R, Rural District, to the PUD-6, Planned Unit Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Rocky Fork-Blacklick Accord Implementation Panel 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 proceed with purchase contract/closing 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 applicant requests the PUD-6, Planned Unit Development District to develop a total of 63 dwelling units consisting of 20 3- and 4- unit buildings. The site is located along a portion of Warner Road, just east of the Warner-Hamilton Road intersection zoned for multi- and single-family land uses. The site lies within the boundaries of the Rocky Fork-Blacklick Accord, the applicant received a recommendation of approval from the Rocky Fork-Blacklick Accord Implementation Panel, 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:
5500 WARNER ROAD (43081), being 14.72± located on the north side of Warner Road, 650± feet east of the Hamilton Road extension and being more particularly described as follows:
ZONING EXHIBIT
14.719 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 15, Township 2 Range 16, United States Military Lands, and being part of the 3.697 and 2.843 acre tracts conveyed to Mary A. Metzger by deed of record in Official Record 2661B18, the 2.5 acre tract conveyed to Clover G. & Dirk R. Prusok by deed of record in Official Record 15339E11, the 2.5 acre tract conveyed to Clover G. Prusok by deed of record in Official Record 30954F20, the 0.438 acre tract conveyed to Clover G. & Dirk R. Prusok by deed of record in Official Record 16466A06, and the 2.154 and 1.520 acre tracts conveyed to Ralph D. & Donna J. Hinton, Trustees by deed of record in Instrument Number 200310230340284, (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 Franklin County Geodetic Survey Monument No. 1208, being in the centerline of Warner Road at the southeasterly corner of said 1.520 acre tract;
Thence North 03° 41' 44" East, a distance of 50.00 feet, across the right-of-way of said Warner Road, and along the easterly line of said 1.520 acre tract, to a point in the proposed northerly right-of-way line of Warner Road. Said point being the True Point of Beginning of the herein described tract;
Thence North 86° 17' 44" West, a distance of 1259.77 feet, partly across said 1.520, 2.154, 0.438, 2.5 (Clover & Dirk Prusok), 2.5 (Clover Prusok), 2.843, and 3.697 acre tracts and partly along a southerly line of said 3.697 acre tract, to a point at the southwesterly corner of said 3.697 acre tract;
Thence North 10° 15' 37" West, a distance of 498.48 feet, along the westerly line of said 3.697 acre tract, to a point at the northwesterly corner of said 3.697 acre tract;
Thence South 86° 35' 11" East, a distance of 387.23 feet, along the northerly line of said 3.697 acre tract, to a point at a common corner of said 3.697 and 2.843 acre tracts;
Thence South 86° 20' 16" East, a distance of 992.76 feet, along the northerly lines of said 2.843, 2.5 (Clover & Dirk Prusok), 2.5 (Clover Prusok), 0.438, 2.154, and 1.520 acre tracts, to a point at the northeasterly corner of said 1.520 acre tract;
Thence South 03° 41' 44" West, a distance of 486.44 feet, along the easterly line of said 1.520 acre tract, to the True Point of Beginning. Containing 14.719 acres of land, more or less.
This description was prepared from existing records and is not to be used for deed transfer.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
To Rezone From: R, Rural District,
To: PUD-6, Planned Development District
Section 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-6, Planned Development 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 PUD-6, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plans being titled, "The Cottages at Rocky Fork Creek (1 of 2)" and "THE COTTAGES AT ROCKY FORK CREEK (2 OF 2)" all signed by Donald Plank, Attorney for the Applicant, and dated January 30, 2004.
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.