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File #: 0663-2009    Version:
Type: Ordinance Status: Passed
File created: 4/24/2009 In control: Zoning Committee
On agenda: 6/15/2009 Final action: 6/17/2009
Title: To rezone 5800 FOREST HILLS BOULEVARD (43231), being 19.9± acres located at the southwest corner of Forest Hills Boulevard and Ponderosa Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Z08-067).
Attachments: 1. ORD0663-2009attachments.pdf, 2. ORD0663-2009lbls.pdf, 3. City Council Data Form_Z08-067.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf

Explanation

 

REZONING APPLICATION:  Z08-067

 

APPLICANT Friendship Village of Columbus, Ohio, Inc.; c/o Jill Tangeman, Attorney; 52 East Gay Street; Columbus, Ohio 43215.

 

PROPOSED USE:  Revise existing retirement village development.

 

DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on March 12, 2009.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is developed with a retirement village and zoned in the CPD, Commercial Planned Development District since 1976.  The purpose of this rezoning is to amend the CPD text and development plan to remove a 90 bed licensed nursing unit, covered parking areas and three independent living apartment buildings and to construct a new 90 bed licensed nursing unit, new covered parking areas, a 15 bed memory unit and new independent living apartment units.  Currently, there are 250 independent living units, 50 assisted living units, 14 memory units and 90 licensed nursing units.  With this rezoning, there will be 299 independent living units, 50 assisted living units, 29 memory units and 90 licensed nursing units, for a total of 64 new units overall.The applicant's request to revise the CPD, Commercial Planned Development District to allow for orderly expansion of the retirement village is consistent with the zoning and development patterns of the area.

 

 

 

 

Title

 

To rezone 5800 FOREST HILLS BOULEVARD (43231), being 19.9± acres located at the southwest corner of Forest Hills Boulevard and Ponderosa Drive, From:  CPD, Commercial Planned Development District, To:  CPD, Commercial Planned Development District and to declare an emergency (Z08-067).

 

 

 

Body

 

WHEREAS, application #Z08-067 is on file with the Building Services Division of the Department of Development requesting rezoning of 19.9± acres, From:  CPD, Commercial Planned Development District, To:  CPD, Commercial Planned Development 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 City Departments recommend approval of said zoning change because The site is developed with a retirement village and zoned in the CPD, Commercial Planned Development District since 1976.  The purpose of this rezoning is to amend the CPD text and development plan to remove a 90 bed licensed nursing unit, covered parking areas and three independent living apartment buildings and to construct a new 90 bed licensed nursing unit, new covered parking areas, a 15 bed memory unit and new independent living apartment units.  Currently, there are 250 independent living units, 50 assisted living units, 14 memory units and 90 licensed nursing units.  With this rezoning, there will be 299 independent living units, 50 assisted living units, 29 memory units and 90 licensed nursing units, for a total of 64 new units overall.The applicant's request to revise the CPD, Commercial Planned Development District to allow for orderly expansion of the retirement village 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:

 

5800 FOREST HILLS BOULEVARD (43231), being 19.9± acres located at the southwest corner of Forest Hills Boulevard and Ponderosa Drive, and being more particularly described as follows:

 

19.890 Acres

Forest Hills Blvd.

 

Situated in the State of Ohio, County of Franklin, City of Columbus, being located in the Southwest Quarter of Township 2, Range 17, United States Military Lands and being all of Reserve No. 2 of "PINEWOOD COLONY", of record in Plat Book 50, Pages 13 and 14 and being all of that tract of land conveyed to Northeast Company by deed of record in Deed Book 3503, Page 223, all references being to records in the Recorder's Office, Franklin County, Ohio and bounded and described as follows:

 

Beginning at a point in the easterly right-of-way line of Forest Hills Boulevard, (60 feet in width), at the southwesterly corner of said Reserve No. 2, said point also being in the northerly line of the 9.325 acre tract conveyed to The Palisades of Forest Hills by deed of record in Deed Book 3392, Page 714;

 

thence along said right-of-way line, North 43 degrees 13' 25" East, 443.87 feet to a point of curvature of a curve to the right;

 

thence continuing along said right-of-way line, being the arc of said curve, (Delta = 56 degrees 26' 10", Radius = 493.05 feet), a chord bearing and distance of North 71 degrees 26' 30" East, 466.25 feet to a point;

 

thence along the southerly right-of-way line of Forest Hills Boulevard, South 80 degrees 20' 25" East, 80.00 feet to a point of curvature of a curve to the left;

 

thence continuing along said right-of-way line, being the arc of said curve (Delta = 10 degrees 00', Radius = 1680.0 feet), a chord bearing and distance of South 85 degrees 20' 25" East, 292.84 feet to a point;

 

thence continuing along said right-of-way line, North 89 degrees 39' 35" East, 193.00 feet to a point of curvature of a curve to the right, said curve connecting the southerly right-of-way line of Forest Hills Boulevard, with the westerly right-of-way line of Ponderosa Drive (60.0 feet in width);

 

thence along the arc of said curve (Delta = 90 degrees 00', Radius = 20.0 feet), a chord bearing and distance of South 45 degrees 20' 25" East, 28.28 feet to a point;

 

thence along said westerly right-of-way line of Ponderosa Drive, South 0 degrees 20' 25" East, 52.34 feet to a point of curvature of a curve to the right;

 

thence continuing along said right-of-way line, being the arc of said curve (Delta = 23 degrees 58' 47", Radius = 295.00 feet), a chord bearing and distance of South 11 degrees 38' 58" West, 122.57 feet to a point;

 

thence continuing along said right-of-way line South 23 degrees, 38' 22" West, 100.00 feet to a point of curvature of a curve to the left;

 

thence continuing along said right-of-way line, being the arc of said curve (Delta = 24 degrees 00', Radius = 355.0 feet), a chord bearing and distance of South 11 degrees 38' 22" West, 147.62 feet to a point);

 

thence continuing along said right-of-way line, South 0 degrees 21 38" East, 378.68 feet to a point of curvature of a curve to the left;

 

thence continuing along said right-of-way line, being the arc of said curve (Sub-delta = 14 degrees 17' 20", Radius = 630.0. feet), a chord bearing and distance of South 7 degrees 30' 18" East, 156.71 feet to the northeasterly corner of Lot No. 1 of'"FOREST HILLS EAST", of record in Plat Book 43, Pages 114 and 115;

 

thence along the northerly line of said Lot No. 1, South 89 degrees 49' 16" West, 124.51 feet to an angle point in said line;

 

thence continuing along said northerly line, South 89 degrees 37' 27" West, 502.87 feet to the northwesterly corner of said Lot No. 1, the southeasterly corner of The Palisades of Forest Hills 9.325 acre tract;

 

thence along the easterly line of said 9.325 acre tract, North 17 degrees 58' 52" West, 323.48 feet to an angle point;

 

thence continuing along said easterly line, North 43 degrees 52' 27" West, 311.57 feet to the northeasterly corner of said 9.325 acre tract and being in the southerly line of Reserve No. 2 of "PINE WOOD COLONY";

 

thence along the northerly line of said 9.325 acre tract, South 89 degrees 39' 35" West, 315.22 feet to the place of beginning, containing 19.890 acres, more or less.

 

To Rezone From: from  CPD, Commercial Planned Development Districts,

 

To: CPD, Commercial Planned Development District

 

Section 2.  That a Height District of Thirty-five (35) feet is hereby established in 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, "RENOVATION SITE PLAN FOR FRIENDSHIP VILLAGE OF COLUMBUS," "EXHIBIT 4R - (2 OF 4)," "EXHIBIT 5R- (3 OF 4)," and "FRIENDSHIP VILLAGE OF COLUMBUS PROPOSED ASSISTED LIVING / DCU FACILITY - SOUTH ELEVATION - 4 OF 4," all signed by Jill S. Tangeman, Esq; and dated  December 23, 2008; and text titled, "DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT," signed by Jill S. Tangeman, Esq; Attorney for the Applicant, dated February 24, 2009, and the text reading as follows:

 

DEVELOPMENT TEXT

CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT

 

 

Address:                                          5800 Forest Hills Boulevard

Columbus, Ohio 43231

 

Acres:                                                               19.890 +/- Acres

 

Existing District:                     CPD, Commercial Planned Development District

 

Proposing District:                     CPD, Commercial Planned Development District

 

Owner / Applicant:                     Friendship Village of Columbus, Inc.

 

Attorney:                                          Jill S. Tangeman, Esq.

                                                               Vorys, Sater, Seymour and Pease

                                                               52 East Gay Street

                                                               Columbus, Ohio 43216

                                                               Phone: 614-464-5608

                                                               Fax: 614-719-4638

                                                               Email: jstangeman@vorys.com <mailto:jstangeman@vorys.com>

 

Date of Text:                                          March 30, 2009

 

Application No.:                     Z08-067

 

 

I. Introduction:

 

The subject property was originally zoned CPD, Commercial Planned Development in 1976 to allow for the development of an assisted living facility.  The CPD text and development plan were amended in 1998 to allow for expansion of the assisted living facility.  The purpose of this rezoning is to again amend the CPD text and development plan to remove a 90 bed licensed nursing unit, covered parking areas and three independent living apartment buildings and to construct a new 90 bed licensed nursing unit, new covered parking areas, a 15 bed memory unit and new independent living apartment units.  Currently, there are 250 independent living units, 50 assisted living units, 14 memory units and 90 licensed nursing units.  With this rezoning, there will be 299 independent living units, 50 assisted living units, 29 memory units and 90 licensed nursing units, for a total of 64 new units overall.

 

This amendment is to be accomplished by (i) substituting the existing Commercial Planned Development Report and Plan for this CPD Development Text; and (ii) substituting the existing "Friendship Village of Columbus Site Plan" signed by Daniel H. Schoedinger, dated April 29, 1998 with the "Friendship Village of Columbus New Development Plan and Data" signed by Jill S. Tangeman, dated December 23, 2008.

 

With this amendment, the approved plan for the subject property will consist of the following:

 

                     a. This CPD Development Text;

 

b. The drawing titled "Renovation Site Plan for Friendship Village of Columbus " signed by Jill S. Tangeman, dated December 23, 2008;

 

c. "Exhibit 4R - 2 of 4" dated 1975 and "Exhibit 5R- 3 of 4" dated January 2, 1976 and re-dated June 11, 1998 and signed by Stephen R. Buchenroth and re-dated December 23, 2008 and signed by Jill S. Tangeman (with the understanding that this drawing does not reflect new construction);

 

d. Elevation drawings titled "Friendship Village of Columbus Proposed Assisted Living / DCU Facility - South Elevation - 4 of 4" signed by Daniel H. Schoedinger dated April 29, 1998 and re-dated December 23, 2008 and signed by Jill S. Tangeman (with the understanding that this drawing does not reflect new construction).

 

1. Permitted Uses:

                     Elderly housing development with related offices, dining facilities, meeting room, recreation facilities and related accessory uses.

 

2. Development Standards: 

The applicable development standards shall be as specified in Chapter 3356, C-4, Commercial District, except as specifically set forth herein or on the "Renovation Site Plan for Friendship Village of Columbus" (hereinafter referred to as the "Development Plan".)

 

A. Density, Height, Lot and/or Setback Commitments.

 

1. The minimum building and parking setbacks are as shown on the Development Plan.

 

B. Access, Loading, Parking and/or other Traffic Related Commitments.

 

                     1.  Access shall be as shown on the Development Plan.

 

                     2. 5' sidewalks shall be provided along street frontages.

 

                     3. Pedestrian connections shall be provided from public sidewalks to buildings.

 

                     4. A bike rack will be installed on site.

 

C. Buffering, Landscaping, Open Space and/or Screening Commitments.

 

                     1. Landscaping shall be as shown on the Development Plan.

 

2. All trees and landscaping shall be well maintained.  Weather permitting, dead items shall be replaced within six months.

 

3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.

 

D. Building Design and/or Interior - Exterior Treatment Commitments.

 

1. Buildings shall be constructed in accordance with the building elevations set forth on "Exhibit 4R - 2 of 4" dated 1975 and "Exhibit 5R- 3 of 4" dated January 2, 1976; re-dated June 11, 1998 and signed by Stephen R. Buchenroth; and re-dated December 23, 2008 and signed by Jill S. Tangeman; and on the drawing titled "Friendship Village of Columbus Proposed Assisted Living / DCU Facility - South Elevation - 4 of 4" signed by Daniel H. Schoedinger dated April 29, 1998 and re-dated December 23, 2008 and signed by Jill S. Tangeman.

 

E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.

 

1. All parking lot lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.

 

2.  Light poles shall be a maximum of 18' in height.

 

F. Graphics and Signage Commitments.

 

1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4 Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.

 

G. Miscellaneous.

 

1.  The Development Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed.  Any slight adjustment to the Development Plan shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. 

 

II. Other CPD Requirements:

 

1.  Natural Environment:  Most of the subject property is relatively flat, except that the western edge of the subject property incorporates part of a ravine having a stream at the bottom of the ravine which flows south.  Most of the subject property drains to the ravine.  With the exception of the bottom of the ravine, the subject property does not contain any wetland.  With the exception of the vegetation in the ravine which is natural, the vegetation on the subject property is primarily that required by the original development plan.  The general soil types are Cardington and Bennington, with some Pewamo in isolated areas.  It is not anticipated that soils or ground water will cause any problem for the existing development or the expansion.

 

2. Existing Land Uses:  The subject property is developed with an elderly housing development, as described in the INTRODUCTION above.  Adjacent land to the south and west of the subject property is developed with multi-family apartment and condominium projects.  South of those developments are commercial centers convenient to the subject property and its residents.  The land across the street from the subject property to the north and east is developed with a combination of twin-singles and single-family residences.

 

3. Transportation and Circulation Facilities:  The subject property fronts on Forest Hills Boulevard and Ponderosa Drive, both of which are collector streets with curb to curb dimensions of 36 feet and rights-of-way of 60 feet.  Both streets empty onto Route 161, and Forest Hills Boulevard connects with Cooper Road, another collector street.  Public transit service is available to the subject property from a COTA bus route which runs by the subject property on Ponderosa Drive.

 

4. Visual Form of the Environment:  The architecture of Friendship Village of Columbus has been designed to minimize the massiveness often associated with institutional uses.  Density of development on the subject property is moderate, and the development consists of one-, two-, three and four-story buildings.  The site modifications and expansion building permitted by this rezoning will be in keeping with that development pattern.

 

5. View and Visibility:  Visibility is excellent at all entrances to the subject property, with long sight distances.

 

6. Proposed Development:  The proposed development is described in the INTRODUCTION above.

 

7. Behavior Patterns:  The way that this development is and will be used is typical of an elderly housing development.  Many residents will remain on-site with a limited number visitors.  Some of the residents will travel off-site more, but their travel off-site will be less than is typical of travel off-site by residents of apartment residents or single-family homes. 

 

8.  Emissions:  The development will not produce emissions of sounds, smells or dust.  Light emissions will be limited and will not be greater than would be expected in typical multi-family residential developments. 

 

SECTION 4That 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.