Explanation
Rezoning Application Z08-063
APPLICANT: Community Housing Network; c/o Jill Tangeman, Atty.; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 12, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.0± acre site is undeveloped and zoned in the M, Manufacturing District. The Applicant is seeking rezoning of the site to L-AR-12 to permit the construction of a 60 dwelling units owned by a non-profit agency that provides housing for those with disabilities and other special needs such as chronic homelessness. The site lies within the boundaries of The Greater Hilltop Plan (2001), and is consistent with the goal of providing a variety of housing opportunities suitable and attractive to people at different stages in their life, including senior citizens. The proposed L-AR-12 includes development standards for landscaping and lighting as well as a site plan. A companion council variance has been filed to request variances from frontage and minimum parking requirements. The proposed L-AR-12, Limited Apartment Residential District, as limited by the text and site plan, is compatible with development in the area.
Title
To rezone 3700 SULLIVANT AVENUE (43228), being 5.0± acres located on the north side of Sullivant Avenue, 1065± feet west of Wilson Road, From: M, Manufacturing District, To: L-AR-12, Limited Apartment Residential District and to declare an emergency (Rezoning # Z08-063).
Body
WHEREAS, application #Z08-063 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.0± acres from : M, Manufacturing District, to L-AR-12, Limited Apartment Residential District District; and
WHEREAS, the Development Commission 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 pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Greater Hilltop Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because The 5.0± acre site is undeveloped and zoned in the M, Manufacturing District. The Applicant is seeking rezoning of the site to L-AR-12 to permit the construction of a 60 dwelling units owned by a non-profit agency that provides housing for those with disabilities and other special needs such as chronic homelessness. The site lies within the boundaries of The Greater Hilltop Plan (2001), and is consistent with the goal of providing a variety of housing opportunities suitable and attractive to people at different stages in their life, including senior citizens. The proposed L-AR-12 includes development standards for landscaping and lighting as well as a site plan. A companion council variance has been filed to request variances from frontage and minimum parking requirements. The proposed L-AR-12, Limited Apartment Residential District, as limited by the text and site plan, is compatible with development in 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:
3700 SULLIVANT AVENUE (43228), being 5.0± acres located on the north side of Sullivant Avenue, 1065± feet west of Wilson Road, and being more particularly described as follows:
LEGAL DESCRIPTION 5.001 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Virginia Military Survey No. 2442, also being part of Lot 12 of Michael L. Sullivant's Subdivision, as shown for record in Plat Book 11, Page 22, (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), and containing 5.001 acres of land, more or less, and being all out of that 10.214 acre tract of land conveyed to Ideal Investment Properties, Ltd., of record in Official Record 33837 D14, said 5.001 acre tract being more particularly described as follows:
Beginning, for reference, at the intersection of the centerline of Sullivant Avenue with the westerly Limited Access Right of Way line of Wilson Road, as shown in Road Record 20, Page 34, Engineer's Office, Franklin County, Ohio, said point also being the southeasterly corner of said Lot 12, also being the southwesterly corner of Lot 11 of said Michael L. Sullivant's Subdivision, also being the southeasterly corner of that 13.350 acre tract of land conveyed to 3600 Sullivant Avenue of record in Instrument Number 200112120289908;
Thence with the centerline of said Sullivant Avenue, also with the southerly line of said Lot 12, also with the southerly line of said 13.350 acre 3600 Sullivant Avenue tract, and continuing with the southerly line of said 10.214 acre Ideal Investment Properties tract, South 88°12'28" West, a distance of 1066.88 feet to the southwesterly corner of said 10.214 acre Ideal Investment Properties tract, also being the southeasterly corner of those tracts of land conveyed to Westgate Friends Church of record in Deed Book 1856, Page 114 and Deed Book 3662, Page 85;
Thence with the westerly line of said 10.214 acre Ideal Investment Properties tract, also with the easterly line of said Westgate Friends Church tracts, North 1°34'14" West, passing over a pk nail set at 30.00 feet, a total distance of 419.82 feet to an iron pipe set marking the true point of beginning of the herein described 5.001 acre tract;
Thence with the westerly line of said 10.214 acre Ideal Investment Properties tract, also with the easterly line of said Westgate Friends Church tracts, and continuing with the easterly line of that 1.325 acre tract of land conveyed to Roxanne & Associates Investment Company, LLC, North 1°34'14" West, a distance of 453.65 feet to a 3/4 inch iron pipe found at the northwesterly corner of said 10.214 acre Ideal Investment Properties tract, also being the southwesterly corner of that 15.781 acre tract of land conveyed to the City of Columbus, Ohio, of record in Instrument Number 199912300318513;
Thence with the northerly line of said 10.214 acre Ideal Investment Properties tract, also with the southerly line of said City of Columbus tract, North 88°12'28" East, a distance of 497.02 feet to a 3/4 inch iron pipe found at the northeasterly corner of said 10.214 acre Ideal Investment Properties tract, also being a southeasterly corner of said City of Columbus tract, also being in the westerly line of the aforesaid 13.350 acre 3600 Sullivant Avenue tract;
Thence with the easterly line of said 10.214 acre Ideal Investment Properties tract, also with the westerly line of said 13.350 acre 3600 Sullivant Avenue tract, the following four (4) courses:
1) South 1°47'32" East, a distance of 253.47 feet to a 3/4 inch iron pipe found;
2) North 88°12'28" East, a distance of 14.61 feet to an iron pipe set;
3) South 1°50'03" East, a distance of 143.50 feet to a 3/4 inch iron pipe found;
4) South 14°09'27" East, a distance of 10.40 feet to an iron pipe set;
Thence with a new division line, across and through said 10.214 acre Ideal Investment Properties tract, the following three (3) courses:
1) South 88°12'28" West, a distance of 238.19 feet to an iron pipe set;
2) South 1°47'32" East, a distance of 46.52 feet to an iron pipe set;
3) South 88°12'28" West, a distance of 277.53 feet to the point of beginning
Containing 5.001 acres of land, more or less.
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The centerline of Sullivant Avenue was assigned a bearing of South 88°12'28" West, as shown in Road Record 20, Page 34, Engineer's Office, Franklin County, Ohio.
To Rezone From: from M, Manufacturing 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 plans being titled, "PRELIMINARY ACCESS DRIVE PLAN,"and "INGLEWOOD COURT TREE SITE PLAN," both signed by Jill S. Tangeman, Attorney for the Applicant, dated March 4, 2009, said text being titled "LIMITATION OVERLAY TEXT," signed by Jill S. Tangeman, Attorney for the Applicant, dated February 27, 2009, and the text reading as follows:
Limitation Overlay Text
Proposed Zoning District: LAR-12
Property Location: 3700 Sullivant Avenue, 5.0 +/- acres off of Sullivant Avenue
Applicant: Columbus Housing Network, Inc.
Owner: Ideal Investment Properties Ltd.
Date of Text: February 27, 2008
Application No.: Z08-063
1. Introduction: The subject site is 5.0 +/- acres located north of Sullivant Avenue and east of Ternstedt Lane in Columbus Ohio. The Applicant, Community Housing Network, Inc., is a non-profit corporation with a mission to provide safe, affordable rental housing and linkage to supportive services for people with disabilities and other special needs such as homelessness. Applicant is seeking rezoning of the site to LAR-12 to permit the construction of a 60 apartment units for the purpose of providing affordable housing to the Applicant's targeted communities. The portion of the property which is the subject of this application is currently vacant and is zoned M. The site is surrounded on the west by property zoned AR3 (multi-family) and M, on the east by property zoned C4 and M, on the north by property zoned M and LI, and on the south by property zoned C4. The site is currently part of a larger parcel with frontage on Sullivant Avenue. The subject site is accessed off of Sullivant Avenue by Ruffing Lane, a private drive. The Applicant and property owner plan to split the subject site. The Applicant will be submitting a council variance to address required variances in conjunction with this rezoning application.
2. Permitted Uses: The permitted use shall be an apartment house which shall be owned and managed by a non-profit agency that provides housing for those with disabilities and other special needs such as chronic homelessness.
3. Development Standards: Unless otherwise indicated in this text, the applicable development standards of Chapter 3333 of the Code shall apply.
a. Density, Height and Setback Commitments: The side yard setbacks shall be 25 feet. As an alternative, a perimeter yard may substituted for required side and rear yards in compliance with Columbus City Code Section 3333.255. A companion council variance may reduce the setback requirements for the access drive. The 60 units on the 5.0 +/- acre site shall result in approximately 11 units/acre.
b. Access, Parking and/or Other Traffic Related Commitments: Access shall be in accordance with the approval of the Division of Transportation.
c. Buffering, Landscape, Open Space and/or Screening Commitments:
i. The developer will be making a cash contribution in lieu of dedicating land for park use at the time of zoning clearance.
ii. A six foot wood fence shall be installed along the east property line.
iii. A bike rack shall be installed on the property.
iv. Trees identified on the Landscaping Plan attached hereto and titled "Inglewood Tree Site Plan" shall be preserved.
v. Additional trees shall be added to the south property line as identified on the Landscaping Plan attached hereto and titled "Inglewood Tree Site Plan."
4. Building Design and/or Interior-Exterior Treatment Commitments.
a. All external lighting shall be cut-off fixture types designed to prevent offsite spillage. All lighting poles, signs, frames and/or supports shall be uniform. No pole shall exceed fourteen (14) feet in height.
b. Any wall-mounted lighting shall be shielded to prevent offsite spillage
5. Graphics.: All signage and graphics shall conform to the Columbus Graphics Code. Any variances needed for the applicable graphics requirements shall be submitted to the Columbus Graphics Commission.
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.