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File #: 0291-2005    Version: 1
Type: Ordinance Status: Passed
File created: 2/4/2005 In control: Zoning Committee
On agenda: 3/21/2005 Final action: 3/23/2005
Title: To rezone 4402 ALKIRE ROAD (43228), being 4.54± acres located on the north side of Alkire Road, 1090± feet west of I-270, From: RRR, Restricted Rural Residential District To: L-AR-12, Limited Apartment Residential District. (Rezoning # Z04-090)
Attachments: 1. ORD0291-2004Report&Maps.pdf, 2. ORD0291-2004Labels.pdf, 3. ORD0291-2005DataSheet.pdf
Explanation
 
Rezoning Application Z04-090
 
APPLICANT:  Alkire Investments, LLC; c/o Richard C. Brahm, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
      
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on
January 13, 2005.
 
WESTLAND AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant requests the L-AR-12, Limited Apartment Residential District to allow a total of 32 multi-family units and 24 garage spaces to be developed in conjunction with the apartment complex to the east. The limitation text establishes the same development standards that are contained in the adjacent apartment complex.  Although The Westland Plan (1994) recommends office and industrial uses for the site, residential encroachment and subsequent development justify deviation from the Plan.  With the proposed limitations, Staff recognizes multi-family residential development as an appropriate land use.  The requested L-AR-12, Limited Apartment Residential District is consistent with the zoning and development patterns of the area.
 
Title
 
To rezone 4402 ALKIRE ROAD (43228), being 4.54± acres located on the north side of Alkire Road, 1090± feet west of I-270, From:  RRR, Restricted Rural Residential District To:  L-AR-12, Limited Apartment Residential District. (Rezoning # Z04-090)
 
 
 
Body
 
WHEREAS, application #Z04-090 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.54± acres from RRR, Restricted Rural Residential District, to L-AR-12, Limited Apartment Residential District District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Westland Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested
L-AR-12, Limited Apartment Residential District would allow total of 32 multi-family units and 24 garage spaces to be developed in conjunction with the apartment complex to the east. The limitation text establishes the same development standards that are contained in the adjacent apartment complex.  Although The Westland Plan (1994) recommends office and industrial uses for the site, residential encroachment and subsequent development justify deviation from the Plan.  With the proposed limitations, Staff recognizes multi-family residential development as an appropriate land use.  The requested L-AR-12, Limited Apartment Residential District is consistent with the zoning and development patterns of the area, 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:
 
4402 ALKIRE ROAD (43228), being 4.54± acres located on the north side of Alkire Road, 1090± feet west of I-270, and being more particularly described as follows:
 
DESCRIPTION OF 4.542 ACRE TRACT
NORTH OF ALKIRE ROAD
WEST OF INTERSTATE 270
 
Situated in the State of Ohio, County of Franklin, Township of Jackson, in Virginia Military Survey No. 1389, and being 4.542 acres of land conveyed to Paul Bricker in Deed Book 3200, Page 670 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follow:
 
Beginning at an existing Franklin County Monument No. 5061 in the center line of Alkire Road at the southwesterly property corner of City of Columbus (IN 200205310134248);
 
Thence South 73°16'19" West a distance of 20.97 feet, along the centerline of said Alkire Road, to an existing railroad spike;
 
Thence North 0°45'47" East a distance of 1113.34 feet, passing over an existing iron pin at 26.21 feet, to an existing iron pin;
 
Thence North 86°59'05" West a distance of 221.84 feet, along a southerly property line of said Bricker, to an existing iron pin;
 
Thence North 0°55'46" East a distance of 793.03 feet, along a westerly property line of said Bricker, to an existing iron pin in a southwesterly right of way line of Interstate 270;
 
Thence South 39°23'53" East a distance of 635.52 feet, along a southwesterly right of way of said Interstate 270, to a an existing iron pin in the northerly line of Robert E. and Rita M. Yoakam (IN 200101170010807);
 
Thence North 87°54'56" West a distance of 159.19 feet, along a northerly property line of said Yoakam, to an existing iron pin at the northwesterly property corner of said Yoakam;
 
Thence South 2°49'05" West a distance of 316.72 feet, along a westerly property line of said Yoakam, to an existing iron pin;
 
Thence South 0°45'47" West a distance of 1106.25 feet, along a westerly property line of said Yoakam, to the Point of Beginning containing 4.542 acres more or less.
 
This legal description was written from previous deeds and surveys of record and not from an actual field survey and is for rezoning purposes and not for real property conveyance.
 
HOCKADEN AND ASSOCIATES, INC.
Consulting Engineers and Surveyors
 
 
 
To Rezone From: from RRR, Restricted Rural 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 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 plan being titled, "ALKIRE GATE APARTMENTS PHASE II," , said text being titled, "LIMITATION OVERLAY TEXT," both signed by Richard C. Brahm, Attorney for the Applicant,  dated January 13, 2005, and the text reading as follows:
 
LIMITATION OVERLAY TEXT
DEVELOPMENT PLAN
 
PROPOSED DISTRICT:     LAR-12, Limited Apartment Residential
PROPERTY ADDRESS:     4402 Alkire Road
OWNER:    Paul F. Bricker
APPLICANT:    Alkire Investments LLC
DATE OF TEXT:    January 13, 2005
APPLICATION NUMBER:  Z04-090
 
1.      INTRODUCTION:   The subject property consists of 4.542 acres of land located north of Alkire Road and south of Georgesville Road.  The property is bounded on the north by Interstate I-270.  The subject property currently contains a single family residence that has access to Alkire Road by way of a long narrow driveway.  Applicant is the owner of Alkire Gate Apartments, an LAR-12 zoned apartment development to the east of and contiguous with the current site.  Applicant seeks to zone this property LAR-12 so that it can be integrated into and become the second phase of Applicant's existing apartment complex to the east.  Applicant is proposing to construct multi-family apartment dwelling units on the subject site as a continuation of its existing apartment development complex to the east.  The limitations set forth in this text are intended to mirror those commitments made at the time that the existing apartment development to the east was developed.
 
2.      PERMITTED USES:   Unless otherwise indicated in the written text, the applicable permitted uses and the development standards shall be those set forth in Chapter 3333 as it applies to the AR-12, Apartment Residential District, of the Columbus City Code.
 
3.      DEVELOPMENT STANDARDS:   Unless otherwise indicated in the written text, the applicable permitted uses and the development standards shall be those set forth in Chapter 3333 as it applies to the AR-12, Apartment Residential District, of the Columbus City Code.
 
A.      Density, Height, Lot and/or Setback commitments.
 
1.      The density shall not exceed 8.0 units per acre.
 
2.      The building height shall not exceed 35 feet.
 
3.      Rear yard and side yard setbacks shall be 25 feet.
 
4.      Should this parcel be combined with the property located immediately to the east containing Alkire Gate Apartments, there shall be no building or parking setback from the east property line as it adjoins the existing development.
 
5.      No more than 32 dwelling units shall be built.
 
B.      Access, Loading, Parking and/or other Traffic related commitments.
 
1.      Ingress and egress to the development shall be through the adjoining property to the east and subsequently to Alkire Road by an existing curb cut.  The existing driveway for the subject property to Alkire Road shall be closed and abandoned.
 
2.      Unless otherwise indicated in the written text, the applicable loading and parking standards shall be those used and set forth in Chapter 3333 as it applies to AR-12, Apartment Residential District, of the Columbus City Code.
 
C.      Buffering, Landscaping, Open space and/or Screening commitments.
 
1.      Buffering and landscaping shall be developed in accordance with the landscape plan which is being submitted as part of the limitation text.  The existing tree line along both sides of the existing drive will be retained.  
 
2.      At the time of zoning clearance, the developer will make any required contribution of cash in lieu of dedicating land for park use.
 
D.      Building design and/or Interior-Exterior treatment commitments.
 
1.      One or two-story brick, synthetic stone, vinyl, stucco or aluminum siding material buildings with detached garages as shown in the plan will be erected in substantially the same style and design as the existing development to the east.
 
E.      Dumpsters, Lighting and/or other environmental commitments.
 
1.      Any ground level exterior mechanical equipment or dumpster shall be screened or gated on all sides from off site viewing to a height of six feet with a wall, fence, landscaping or any combination thereof.
 
2.      Any lighting used on site will be down lights for all fixture types.  All lighting poles, signs, frames and/or supports shall be uniform and will be either black or dark bronze in color.  No light pole shall exceed 16 feet in height.
 
F.      Graphics and Signage commitments.
 
1.      All signage and graphics shall conform to the Columbus Graphics Code.  Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
 
G.      Miscellaneous commitments/information.
 
1.      The Plan titled "Zoning Clearance Site Plan for Alkire Gate Apartments Phase II" dated January 13, 2005 represents the intended development of the site, however, the applicant may make slight adjustments to the site plan to reflect engineering, topographical, or other site data established at the time development and engineering plans are completed.  Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his/her designee upon submission of the appropriate data regarding the proposed adjustment.  In no event shall any adjustments be less restrictive than the commitments contained herein.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.