Explanation
Rezoning Application Z09-001
APPLICANT: The NRP Group LLC c/o Mary Hada, Agent for the applicant; 5309 East Broad Street; Cleveland, OH 44125.
PROPOSED USE: Elderly housing and hospital use.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 8, 2009.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the CPD, Commercial Planned Development District as a follow up rezoning to Council variance CV08-043 which allowed 60 elderly housing units and up to 5000 square feet of hospital use with additional variances to standards. In this follow up rezoning, the applicant is decreasing the number of dwelling units from 60 down to 54 and the amount of space devoted to hospital use from 5000 square feet down to 1000 square feet. The Applicant's request for the CPD Commercial District is consistent with the zoning and development patterns of the area. Customary landscaping and lighting limitations are provided. The applicant is committing to elevations in compliance with the Franklinton Plan (2003). Due to the height of the adjacent parking garage, deviation from the recommendation of the Franklinton Plan (2003) for single-family residential uses on this site is supported.
Title
To rezone 764 WEST RICH STREET (43222), being 1.2± acres located at the northwest corner of West Rich and South Green Streets, From: AR-1, Apartment Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z09-001).
Body
WHEREAS, application #Z09-001 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.2± acres from the AR-1, Apartment Residential District, to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Franklinton Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because the applicant is requesting the CPD, Commercial Planned Development District as a follow up rezoning to Council variance CV08-043 which allowed 60 elderly housing units and up to 5000 square feet of hospital use with additional variances to standards. In this follow up rezoning, the applicant is decreasing the number of dwelling units from 60 down to 54 and the amount of space devoted to hospital use from 5000 square feet down to 1000 square feet. The Applicant's request for the CPD Commercial District is consistent with the zoning and development patterns of the area. Customary landscaping and lighting limitations are provided. The applicant is committing to elevations in compliance with the Franklinton Plan (2003). Due to the height of the adjacent parking garage, deviation from the recommendation of the Franklinton Plan (2003) for single-family residential uses on this site is supported, 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:
764 WEST RICH STREET (43222), being 1.2± acres located at the northwest corner of West Rich and South Green Streets, and being more particularly described as follows:
DESCRIPTION OF A
1.233 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Virginia Military Survey Number 1393, and being all of lots 86, 87, 88, 89, 90, 91 and 92 of B. F. Martin's Western Addition, of record in Plat Book 2, page 214, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 200603210052793, and being a portion of Lot 93 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health, of record in Official Record Volume 19728, page F09, and being all of that part of an unnamed alley located between Walnut Street and Rich Street, said alley dedicated as public right-of-way in said B. F. Martin's Western Addition, all records referenced are on file at the Office of the Recorder, Franklin County, Ohio, being further described as follows:
Beginning at the southwest corner of said Lot 86, said corner being the intersection of the north right-of-way line for Rich Street and the east right-of-way line for Davis Avenue (formerly Glenn Street);
Thence North 0 degrees 16 minutes 51 seconds West, along the west line of said Lot 86, along the east right-of-way line for said Davis Avenue, a distance of 172.85 feet to the northwest corner of said Lot 86, said corner being at the intersection of the east right-of-way line for said Davis Avenue and the south right-of-way line for Walnut Street;
Thence North 89 degrees 43 minutes 09 seconds East, along the north line of said Lots 86, 87, 88, 89, 90, 91, and 92, along the north line of said unnamed alley, and along the south right-of-way line of said Walnut Street, a distance of 302.51 feet to the northwest corner of said Lot 93, being on the east right-of-way line for said unnamed alley, and being on the west right-of-way line for Green Street as dedicated by the Green Street and Easements Dedication Plat, of record in Plat Book 79, page 49;
Thence across said Lot 93, along the west right-of-way line for said Green Street by the following four (4) described courses:
1. South 8 degrees 52 minutes 36 seconds East, a distance of 47.90 feet to a point of curvature;
2. Along the arc of a curve to the right, said curve having a radius of 370.00 feet, a central angle of 8 degrees 43 minutes 19 seconds, and an arc length of 56.32 feet to a point of tangency, said curve being subtended by a long chord having a bearing of South 4 degrees 30 minutes 56 seconds East and a length of 56.27 feet;
3. South 0 degrees 09 minutes 17 seconds East, a distance of 50.00 feet to a point of curvature;
4. Along the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 63 degrees 47 minutes 02 seconds, and an arc length of 22.26 feet to a point on the west line of said Lot 93, being on the east right-of-way line for said unnamed alley, said curve being subtended by a long chord having a bearing of South 31 degrees 44 minutes 14 seconds West and a length of 21.13 feet;
DESCRIPTION OF A
1.233 ACRE TRACT
Thence South 0 degrees 16 minutes 51 seconds East, along the west line of said Lot 93, along the east right-of-way line for said unnamed alley, along the west right-of-way line for said Green Street, a distance of 1.45 feet to the southwest corner of said Lot 93, being on the north right-of-way line for said Rich Street;
Thence South 89 degrees 43 minutes 09 seconds West, along the south line of said unnamed alley, along the south line of said Lots 86, 87, 88, 89, 90, 91 and 92, and along the north right-of-way line of said Rich Street, a distance of 302.51 feet to the Point of Beginning for this description.
Of the above described area, 0.157 acres lies within Franklin County Auditor's Parcel Number 010-018974, 0.081 acres lies within Parcel Number 010-010571, 0.081 acres lies within Parcel Number 010-042305, 0.162 acre lies within Parcel Number 010-022244, 0.155 acres lies within Parcel Number 010-019142, 0.159 acres lies within Parcel Number 010-039409, 0.159 acres lies within Parcel Number 010-012453, 0.147 acres lies within Parcel Number 010-067190, 0.033 acres lies within Parcel Number 010-018638, and 0.099 acres lies within the present right-of-way for said unnamed alley, for a total area of 1.233 acres.
The bearings described herein are based on the bearing for the south right-of-way line for Walnut Street, being North 89 degrees 43 minutes 09 seconds East, as described in the Dedication of Green Street and Easements Dedication Plat, of record in Plat Book 79, Page 49, on file at the Office of the Recorder, Franklin County Ohio.
The above description was prepared and reviewed on August 10, 2009 by Brian P. Bingham, Registered Professional Surveyor Number 8438, and is based on an actual field survey performed by American Structurepoint, Inc. on August 3, 2009.
This description is intended for zoning purposes only.
To Rezone From: AR-1, Apartment Residential District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of Sixty (60) feet is hereby established on the CPD, Commercial 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 CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "TAX CREDIT SUBMITTAL 2009," and "FRANKLINTON SENIOR SHEETS A3.1 and A3.2," all signed by Ronald D. Lloyd, Architect for the Applicant, and dated October 15, 2009, and plan being titled "WEST RICH STREET STREETSCAPE," signed by Peggy A. Brown Landscape Architect for the Applicant and text titled, "COMMERCIAL PLANNED DEVELOPMENT," signed by Mary Hada, Agent for the Applicant, and dated November 5, 2009, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT
EXISTING DISTRICT: AR-1
PROPOSED DISTRICT: CPD - Elderly Housing
PROPERTY ADDRESS: 764 West Rich Street
OWNER: Mt. Carmel Health System
APPLICANT: The NRP Group, LLC
DATE OF TEXT: 11/5/09
APPLICATION NUMBER: Z09-001
1. INTRODUCTION: The existing site is currently zoned AR-1. The applicant proposes to develop the site with housing for the elderly building and hospital uses. The property is 1.2+/- acres and is located on the north side of Rich Street between Davis and Green Streets. The Council Variance - file # 0263-2009, was approved by City Council on March 12, 2009 for up to sixty (60) dwelling units and fifty-two (52) parking spaces.
2. PERMITTED USES: Housing for the elderly and up to 1,000 square feet of hospital use.
3. DEVELOPMENT STANDARDS: Except as otherwise listed herein, the development standards established by the C-4 Commercial District of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. Maximum number of housing for the elderly units shall be 54.
2. Building setback on Davis and Green Streets shall be a minimum of 10 feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. A minimum of 42 parking spaces shall be provided and ADA parking spaces are shown on the site plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Street trees shall be planted within the setback along Davis Street, Rich Street and Green Street at a ratio of one tree per thirty (30) feet of frontage. Trees may be grouped as long as the minimum numbers of trees are planted.
2. Within the parking setback along Davis Street, the developer shall install headlight screening to a minimum of thirty (30) inches. The headlight screening may be in the form of mounding, planting, or fencing, individually or in any combination thereof.
3. Landscaping shall be maintained in a healthy state. Dead items shall be replaced at the next planting season or within six (6) months, whichever occurs sooner. Unless otherwise specified, minimum size of all trees at installation shall be 2 1/2 inches in caliper for deciduous shade trees, five (5) feet high for evergreen trees and 1 1/2 inches in caliper for ornamental trees.
D. Building Design and/or Interior/Exterior Commitments:
1. Rooftop Mechanicals Screening: Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel. Ground mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. The light standards shall not exceed twenty-eight (28) feet in height and shall be cut-off style fixtures.
F. Graphics Commitments.
1. All signage and graphics shall be as permitted for the CPD District. Any variances to those requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous.
1. Site Plan: The subject site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon the submission of the appropriate data regarding the proposed adjustment.
2. The total dollar amount for the Parkland Dedication Ordinance commitment park fee is $3,740 and shall be paid to the City of Columbus at the time of submittal for zoning clearance.
H. CPD Requirements:
1. Natural Environmental and Existing Land Uses: The property is zoned AR-1 and is vacant. The site is bordered on all sides by public rights-of-way. Parking garage to the north, undeveloped and residential ground to the west, south and east.
2. Existing Lane Use: Vacant.
3. Transportation and Circulation: Access to the site shall be from Walnut and Davis Streets.
4. Visual Form of the Environment: Consideration has been given to the visibility and safety of the motorists and pedestrians in the development of the property.
5. Proposed Development: Housing for the elderly/hospital uses.
6. Behavior Pattern: Existing development in the area has established behavior patterns for the motorists.
7. Emissions: No adverse effects from emissions shall result from the proposed development.
I. Variances:
a) Parking - Section 3342.28 from 54 to 42 parking spaces.
b) Building Setback - Section 3361.04A from 25 to 10 feet on Davis and Green Streets. The setback along West Rich Street will be reduced from 25 to 20 feet to allow for air conditioners.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.