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File #: 0537-2023    Version: 1
Type: Ordinance Status: Passed
File created: 2/9/2023 In control: Zoning Committee
On agenda: 2/27/2023 Final action: 3/1/2023
Title: To rezone 5869-5877 CLEVELAND AVE. (43229), being 3.41± acres located on the west side of Cleveland Avenue, and east side of Brady Drive, 730± feet north of Fuji Drive, From: C-2, Commercial District and L-AR-12, Limited Apartment Residential District, To: AR-12, Apartment Residential District (Rezoning #Z22-073).
Attachments: 1. ORD#0537-2023_Attachments, 2. ORD#0537-2023_Labels

Explanation

 

Rezoning Application: Z22-073

 

APPLICANT:  HG Property Holdings, LLC.; c/o Donald Plank, Atty.; 411 East Town Street, Second Floor; Columbus, OH 43215.

    

PROPOSED USE:  Multi-unit residential development.

 

DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on December 8, 2022.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The site consists of one parcel developed with an office building in the C-2, Commercial District, and one undeveloped parcel split zoned in the C-2, Commercial and L-AR-12, Limited Apartment Residential districts. The applicant proposes the AR-12, Apartment Residential District to permit multi-unit residential development. The site is within the planning boundaries of the Northland I Area Plan (2014), which recommends “Office and Medium-High Density Mixed Residential” land uses at this location. The requested AR-12 district will permit multi-unit residential development that is compatible with the density and residential developments in the surrounding area. While the Northland I Area Plan includes a recommendation for “Office” for half of the site, the proposed use is consistent with the second half of the Plan’s recommendation for “Medium-High Density Residential” land uses, therefore City Staff support the request. A concurrent Council variance (Ordinance #0538-2023; CV22-097) has been submitted and includes variances for increased density and reduced perimeter yard.

 

Title

 

To rezone 5869-5877 CLEVELAND AVE. (43229), being 3.41± acres located on the west side of Cleveland Avenue, and east side of Brady Drive, 730± feet north of Fuji Drive, From: C-2, Commercial District and L-AR-12, Limited Apartment Residential District, To: AR-12, Apartment Residential District (Rezoning #Z22-073).

 

Body

 

WHEREAS, application #Z22-073 is on file with the Department of Building and Zoning Services requesting rezoning of 3.41± acres from C-2, Commercial District and L-AR-12, Limited Apartment Residential District, to the AR-12, Apartment Residential District; and

 

WHEREAS, the Development Commission recommends approval of said zoning change; and

 

WHEREAS, the City Departments recommend approval of said zoning change as the proposed use is compatible with the density and residential developments in the surrounding area, and is consistent with the second half of the Northland I Area Plan’s recommendation for “Medium-High Density Mixed Residential” land uses; 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 #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

 

5869-5877 CLEVELAND AVE. (43229), being 3.41± acres located on the west side of Cleveland Avenue, and east side of Brady Drive, 730± feet north of Fuji Drive, and being more particularly described as follows:

 

Parcel 1:

 

DESCRIPTION OF 1.696 ACRES OF LAND LOCATED NORTH OF STATE ROUTE 161 (DUBLIN-GRANVILLE ROAD) AND WEST OF CLEVELAND AVENUE, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN. STATE OF OHIO.

 

Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 4, Township 2, Range 18, United States Military Lands containing 1.696 acres of land, more or less, said 1.696 acres being part of that 3.763 acre tract, referred to as PARCEL 1, and part of that 3.764 acre tract, referred to as PARCEL 2, both being described in the Certificate of Transfer to Ines Lusignolo et al (6), of record in Deed Book 3094, Page 446, Recorder’s Office, Franklin County, Ohio, said 1.696 acres being more particularly described as follows:

 

Beginning, for reference, at a point in the centerline of Cleveland Avenue, as the same is shown and delineated upon the recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive, of record in Plat Book 62, Page 68, Recorder’s Office, Franklin County, Ohio, said point being the southeasterly corner of said PARCEL 1, said reference point also being in the northeasterly corner of that 8.350 acre tract of land, described in the deed to Winthrop Court Apartments of Columbus, Ltd., of record in Official Record 05151C09, Recorder’s Office, Franklin County, Ohio, thence N-86º 44’ 52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 200.00 feet to a 3/4-inch (I.D.) iron pipe at the true point of beginning;

 

Thence, from said true point of beginning, N-86º44’52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 239.51 feet to a ¾-inch (I.D.) iron pipe;

 

Thence, N-3º32’40”E, crossing said PARCEL 1 and PARCEL 2, a distance of 231.89 feet to a ¾-inch (ID.) iron pipe in the northerly line of said PARCEL 2, the same being in the southerly line of that 3.765 acre tract of land, described in the deed to Northland Masonic Temple Corporation, of record in Deed Book 3169, Page 75, Recorder’s Office, Franklin County, Ohio;

 

Thence, S-86º27’20”E, with the northerly line of said PARCEL 2 and with the southerly line of said 3.765 acre tract, a distance of 400.00 feet to a ¾-inch (I.D.) iron pipe; said iron pipe being located 40.00 feet, westerly from, as measured at right angles, the centerline of said Cleveland Avenue;

 

Thence S-3º40’00”W, crossing said PARCEL 2 and 40.00 feet westerly from, as measured at right angles, the centerline of said Cleveland Avenue, a distance of 114.94 feet to a ¾-inch (I.D.) iron pipe in the southerly line of said PARCEL2, the same being the northerly line of said PARCEL 1;

 

Thence N-86º36’02”W, with the southerly line of said PARCEL 2 and with the northerly line of said PARCEL 1 a distance of 160.00 feet to a ¾ inch (I.D.) iron pipe;

 

Thence S-3°40’00”W, crossing said PARCEL 1, a distance of 115.32 feet to the true point of beginning, and containing 1.696 acres of land, more or less.

 

The bearings referred to tin the above description were based on an assumed meridian.

 

Parcel No: 010-201611

 

Parcel 2:

 

DESCRIPTION OF 1.714 ACRES OF LAND LOCATED NORTH OF STATE ROUTE 161 (DUBLIN0GRANVILLE ROAD) AND WEST OF CLEVELAND AVENUE, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO.

 

Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 4, Township 2, Range 18, United States Military Lands containing 1.714 acres of land, more or less, said 1.714 acres being part of that 3.763 acre tract referred to as PARCEL 1, and part of that 3.764 acre tract, referred to as PARCEL 2, both being described in the Certificate of Transfer to Ines Lusignolo et al (6), of record in Deed Book 3094, Page 446, Recorder’s Office, Franklin County, Ohio, said 1.714 acres being more particularly described as follows:

 

Beginning, for reference, at a point in the centerline of Cleveland Avenue, as the same is shown and delineated upon the recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive, of record in Plat Book 62, Pate 68, Recorder’s Office, Franklin county, Ohio, said pint being the southeasterly corner of said PARCEL 1, said reference point also being in the northeasterly corner of that 8.350 acre tract of land, described in the deed to Winthrop Court Apartments of Columbus, Ltd., of record in Official Record 05151C09, Recorder’s Office, Franklin county, Ohio, thence N-86º44’52”W, with the southerly line of said PARCEL1 and with the northerly line of said 8.350 acre tract, a distance of 439.51 feet to a ¼-inch (I.D.) iron pipe at the true point of beginning;

 

Thence, from said true point of beginning, N-86º44’52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 478.15 feet to a ¾-inch (I.D.) iron pipe at the northeasterly corner of Brady Drive, as the same is shown and delineated upon the said recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive;

 

Thence northwardly, with the arc of a curve to the right, having a radius of 575.00 feet, a central angel of 5º21’54” and a chord that bears N-18º28’19”W, a chord distance of 53.82 feet to a ¾-inch (I.D.) iron pipe;

 

Thence S-86º44’52”E, parallel with and 50.00 feet northerly from ,as measured at right angles, the southerly line of said PARCEL 1, the same being the northerly line of said 8.350 acre tract, a distance of 223.32 fee to a ¼-inch (I.D.) iron pipe;

 

Thence, N-3º32’40”E, crossing said PARCEL 1 and PARCEL 2, a distance of 183.29 feet to a ¼-inch (I.D.) iron pipe in the northerly line of said PARCEL 2, the same being the southerly line of that 3.765 acre tract of land, described in the deed to Northland Masonic Temple Corporation, of record in deed Book 3169, Page 75, Recorder’s Office, Franklin County, Ohio;

 

Thence, S-86º27’20”E, with the northerly line of said PARCEL 2 and with the southerly line of said 3.765 acre tract, a distance of 275.00 feet to a ¾-inch (I.D.) iron pipe;

 

Thence S-3º32’40”W, crossing said PARCEL 2 and PARCEL 1, a distance of 231.89 feet to the true point of beginning, and containing 1.714 acres of land, more or less.

 

Thence bearings referred to in the above description were based on an assumed meridian.

 

Be the same, more or less, but subject to all legal highways.

Parcel No: 010-201608

 

To Rezone From:  C-2 Commercial District and L-AR-12, Limited Apartment Residential District.

 

To:  AR-12, Apartment Residential District.

 

SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the AR-12, Apartment Residential District on this property.

 

SECTION 3.  That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services.

 

SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.