Explanation
Rezoning Application # Z03-005
APPLICANT: FM Homes, Ltd., c/o Donald T. Plank, Atty.; 145 East Rich Street;
Columbus, Ohio 43215.
PROPOSED USE: Two-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-2) on December 11, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-6, Planned Unit Development
District would permit 34 two-family dwellings (68 units) at a gross density of 5.49 units/acre with 1.5 acres of open space. The proposed development is consistent with the established zoning and development patterns of the area.
Title
To rezone 5240 AVERY ROAD (43016), being 11.96± acres located on the east side of Avery Road, 3250± feet south of Rings Road; From: R, Rural District, To: PUD-6, Planned Unit Development District (Rezoning # Z03-005).
Body
WHEREAS, application #Z03-005 is on file with the Building Services Division of the Department of Development requesting rezoning of 11.96± acres from R, Rural District to PUD-6, Planned Unit Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested PUD-6, Planned Unit Development District would permit 34 two-family dwellings (68 units) at a gross density of 5.49 units/acre with 1.5 acres of open space. The proposed development is consistent with the established 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:
5240 AVERY ROAD (43016), being 11.96± acres located on the east side of Avery
Road, 3250± feet south of Rings Road, and being more particularly described as
follows:
LEGAL DESCRIPTION OF A 1.00 ACRE TRACT, A 0.81 ACRE TRACT, A 5.00 ACRE TRACT, AND A 6.25 ACRE TRACT, (TOTAL = 13.06 ACRES) MINUS AN
80' RIGHT-OF-WAY FROM CENTERLINE
(CONTAINING 11.959 ACRES TOTAL)
FOR REZONING PURPOSES ONLY,
AVERY ROAD, CITY OF COLUMBUS
Situated in the State of Ohio, County of Franklin, Washington Township, and being part of the Virginia Military Survey #3012, being a 1.00 acre tract owned by Lawrence O. & Bonnie Jean Jarrell by deed of record in Instrument Number 199803040049270, at the Franklin County Recorders Office, and also being a 0.81 acre tract owned by Lawrence O. & Bonnie Jean Jarrell by deed of record in Deed Book 3259, Page 665, at the Franklin County Recorders Office, and being a 5.00 acre tract owned by Mamdouh Abdel-Rahman as described by Instrument Number 198212060111956, and also being a 6.25 acre tract owned by James J. Moro as described in Instrument Number 200202220048207, further described as follows.
Beginning at an iron pin found on the Southwest property line of a 7.00 acre tract, conveyed to Hilliard United Pentecostal Church, by Instrument Number 198509090131417 at the Franklin County Recorders office, also known as the POINT OF REFERENCE.
Thence South 87 degrees 50 minutes 06 seconds East a distance of 52.93 feet to a point also know as the TRUE POINT OF BEGINNING;
Thence South 87 degrees 50 minutes 06 seconds East a distance of 988.33 feet, to a point;
Thence South 04 degrees 51 minutes 07 seconds East a distance of 418.44 feet;
Thence South 84 degrees 14 minutes 35 seconds West a distance of 1138.42 feet;
Thence North 10 degrees 55 minutes 10 seconds East a distance of 578.95 feet, along the East right of way line of Avery Road - County Road 3 (80' Right-of way), to a point, also know as the POINT OF BEGINNING;
CONTAINING 11.959 acres. This document prepared from deeds and records on file in the Recorder's office, Franklin County, 373 South High Street, Columbus Ohio, 43215.
Basis of Bearings: The Basis of Bearings in this description was transferred from a GPS survey of Franklin County Monuments FCGS 8855 and FCGS 8847 performed by the Franklin County Engineer's Office in 1991, and is based on the NAD83 Ohio State Plain Coordinate System, South Zone, and determines the centerline of Avery Road as being North 10 degrees 55 minutes 10 seconds East.
This document was created by Sands Decker Ltd., 4588 Kenny Rd. Columbus, Ohio
43220
To Rezone From: R, Rural District
To: PUD-6, Planned Unit Development District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the PUD-6, Planned Unit 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 plan and elevation being titled "PUD DEVELOPMENT PLAN - AVERY PLACE" and "ILLUSTRATIVE SECTIONS - AVERY PLACE" signed by Donald Plank, Attorney for the Applicant, and dated 12/15//03.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.