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File #: 1954-2003    Version:
Type: Ordinance Status: Passed
File created: 7/29/2003 In control: Zoning Committee
On agenda: 2/23/2004 Final action: 2/25/2004
Title: To rezone 3480 REFUGEE ROAD (43232), being 124.08± acres located on the north side of Refugee Road, 1440± feet east of Winchester Pike, From: M and M-1, Manufacturing Districts, To: L-I, Limited Institutional and L-M, Limited Manufacturing Districts. (Rezoning # Z03-003) and to declare an emergency.
Attachments: 1. ORD1954-2003StfRpt.pdf, 2. ORD1954-2003zon.pdf, 3. ORD1954-2003gis.pdf, 4. ORD1954-2003PrjDscl.pdf
Explanation
 
Rezoning Application Z03-003
 
APPLICANT:  First Church of God; c/o R. Bobby Thompson; 3480 Refugee Road; Columbus, Ohio 43232.
      
PROPOSED USE:  Housing for the elderly, recreational facilities and storage.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on July 12, 2003.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-I,  Limited Institutional and L-M,
Limited Manufacturing Districts are compatible with surrounding
development and  consistent with the established zoning pattern
of the area.  The L-I, Limited Institutional and L-M, Limited Manufacturing
Districts contain development standards to screen and buffer the
development from the trucking company to the south and west.
 
Title
 
To rezone 3480 REFUGEE ROAD (43232), being 124.08± acres located on the north side of Refugee Road, 1440± feet east of Winchester Pike, From: M and M-1, Manufacturing Districts, To: L-I, Limited Institutional and L-M, Limited Manufacturing Districts.  (Rezoning # Z03-003) and to declare an emergency.
 
Body
 
WHEREAS, application #Z03-003 is on file with the Building Services Division of the Department of Development requesting rezoning of 124.08± acres from M and M-1 Manufacturing Districts, to L-I and L-M, Limited Institutional and Limited Manufacturing Districts respectively; 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 when applying for Low Income Housing Tax Credits in the 2004 funding round that the land be properly zoned to accomodate the proposed senior housing project 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 requested L-I, Limited Institutional and L-M, Limited Manufacturing Districts are compatible with surrounding development and consistent with
the established zoning pattern of the area.  The L-I, Limited Institutional and L-M, Limited Manufacturing Districts
contain development standards to screen and buffer the development from the trucking company to the south and west,
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:
 
3480 REFUGEE ROAD (43232), being 124.08± acres located on the north side of Refugee Road, 1440± feet east of Winchester Pike, and being more particularly described as follows:
 
Beginning at a point (iron pin) on the North East corner of the First Church of God property
thence South 02 degrees 26 minutes 48 seconds West 250 feet to a pin along the East property line of the First Church of God property
thence North 88 degrees 14 minutes 44 seconds West 1018.25 feet to a pin
thence North 02 degrees 26 minutes 47 seconds East 603.99 feet to a pin on the North property line of the First Church of God property
thence South 88 degrees 14 seconds 42 minutes East 300 feet to a pin along the northern property line of the First Church of God property
thence South 00 degrees 03 minutes 28 seconds West 435.71 feet to a pin along Eastern a property line of the First Church of God property
thence South 87 degrees 33 minutes 19 seconds East 700.04 feet along a Northern property line of the First Church of God property to the Point of Beginning
Containing 9.063 acres
 
To Rezone From: from M-1, Manufacturing District,
 
To: L-I, Limited Institutional District
 
LEGAL  DESCRIPTION
97.124 ACRES
 
A large tract of land lying in the State of Ohio, County of Franklin, City of Columbus, in the South Half of Section 52, in Section 29; and in the South half of  Sections  53 & 54 in Section 30 all in Township 12 North, Range 21, of West Refugee Lands and more particularly described as part of a tract described in a warranty deed to the First Church of God in Instrument No. 199802230039216 of the Franklin County Records and more particularly described by metes and bounds as follows:
 
Beginning at a 5/8 inch rebar with cap set at the Southeast corner of the property owned by Overnight Transportation Company, as recorded in OR 7331, Page A13 (said point being the Southwest corner of the First Church of God Property) and said point being on the North line of Refugee Road;
 
Thence, North 01 degrees 52 minutes 21 seconds East along the East line of the Overnight Transportation Company Property, 1153.30 feet, to an existing iron pipe;
 
Thence, North 02 degrees 00 minutes 35 seconds East along the East line of the GLS Leasco, Inc. Property (Book 3577, Page 170), 549.96 feet, to an existing iron pipe;
 
Thence, North 88 degrees 01 minutes 55 seconds West along the North line of the Leasco Property, 1299.80 feet, to an existing iron pipe;
 
Thence, North 87 degrees 34 minutes 08 seconds West along the North line of the John G. Armstrong Property (Book 25693, Page G02),  485.31 feet, to a 5/8 inch rebar with cap set near a creek;
 
Thence with the meandering (and near the bank) of said creek as follows:
 
North 44 degrees 37 minutes 43 seconds East 257.57 feet to a point;
 
Thence North 02 degrees 27 minutes 53 seconds West 118.44 feet to an iron pin set;
Thence North 19 degrees 38 minutes 29 seconds East 31.60 feet to an iron pin set;
Thence North 05 degrees 58 minutes 22 seconds East 33.97 feet to an iron pin set;
Thence North 11 degrees 12 minutes 51 seconds East 64.45 feet to an iron pin set;
Thence North 06 degrees 26 minutes 45 seconds West 79.52 feet to an iron pin set;
Thence North 15 degrees 21 minutes 59 seconds East 69.62 feet to an iron pin set;
Thence North 24 degrees 36 minutes 35 seconds East 60.48 feet to an iron pin set;
Thence North 54 degrees 03 minutes 11 seconds East 69.08 feet to an iron pin set;
Thence North 47 degrees 01 minutes 19 seconds East, 94.52 feet to an iron pin set;
Thence North 71 degrees 35 minutes 51 seconds East 76.56 feet to an iron pin set;
Thence North 41 degrees 33 minutes 45 seconds East 127.02 feet to an iron pin set;
 
Thence North 30 degrees 16 minutes 38 seconds East 48.84 feet to an iron pin set in the South line of Glenbrook Subdivision (Plat Book 36, Page 62-65);
 
Thence South 87 degrees 54 minutes 16 seconds East along the South line of Glenbrook Subdivision 164.00 feet to an existing iron pin at the East edge of Cortley Drive;
 
Thence continue along said Subdivision South 87 degrees 57 minutes 45 seconds East 1109.04 feet, to an existing iron pin, (13.36 feet, east of the East edge of Wadsworth Drive);
 
Thence continue along said subdivision South 88 degrees 14 minutes 42 seconds East 323.36 feet to an iron pin set;
 
Thence leaving said Subdivision South along the West line of a 9.063 acre tract belonging to the City of Columbus, South 02 degrees 26 minutes 47 seconds West 693.99 feet to an iron pin set at the Southwest corner of the said 9.063 acre tract;
 
Thence along the South line of the said 9.063 acre tract, South 88 degrees 14 minutes 44 minutes East 1018.25 feet to an existing iron pin set in the West line of Walnut Builders property (Vol. 3352 Page 530);
 
Thence along said West line, South 02 degrees 26 minutes 48 seconds West 539.23 feet to an existing iron pipe at the Northwest corner of Helen Development Subdivision (Plat Book 51, Page 72);
 
Thence along said property South 01 degrees 47 minutes 28 seconds West 869.79 feet to an existing iron pin on the Northwest corner of Walnut Builders property (Vol. 3352 Page 524);
 
Thence along said property south 01 degrees 45 minutes 28 seconds West 525.59 feet to an existing iron pin on the North right-of-way of Refugee Road;
 
Thence North 87 degrees 51 minutes 07 seconds West along the North line of Refugee Road 1335.12 feet to the Point of Beginning.
 
Containing 97.124 Acres all in Franklin County, Ohio.
 
The above description was prepared by David E. Slagle, Registered Ohio Surveyor, No. 7408 of XYZ Survey Service, Inc., Grove City, Ohio, from an actual field survey performed in June, 1998 and in June and July, 2003.
 
The bearing and distances shown on the survey and in the aforementioned legal description are based on the Ohio State Plane Coordinate system.  The base line for bearings is South 81 degrees 15 minutes 57 seconds West, 1348.69 feet, between Franklin County Monument 44 and Franklin County Monument 144, located on the South side of Interstate 70, approximately 1/2 mile North of the subject property.
 
To Rezone From: from M, Manufacturing and M-1, Manufacturing Districts,
 
To: L-I, Limited Institutional District
 
 
LEGAL  DESCRIPTION
Tract No. A
17.889 Acres
 
A tract of land lying in the West end of a 124.076 acre tract of land lying in the State of Ohio, County of Franklin, City of Columbus, in the South Half of Section 52, in Section 29, and in the South half of  Sections  53 & 54, Section 30 all in Township 12 North, Range 21 West, Refugee Lands and described in a warranty deed to the First Church of God in Instrument No. 199802230039216 in the Franklin County Records and being all of the above tract which lies West of a certain small creek and more particularly described by metes and bounds as follows:
 
Beginning for reference at an existing iron pin in the East edge of Courtley Drive and the North line of the aforementioned 124.076 acre tract (said Courtley Drive shown in the Glenbrook Subdivision as recorded in Plat Book 36, Page 62-65 in the Franklin County records);
 
Thence North 87 degrees 54 minutes 16 seconds West along the South line of Glenbrook Subdivision and the North line of said 124.076 acres 164.00 feet to a point near a small creek for the True Point of Beginning;
 
Thence with the meandering (and near the bank) of said small creek as follows:  South 30 degrees 16 minutes 38 seconds West 48.84 feet to an iron pin;
 
Thence South 41 degrees 33 minutes 45 seconds West 127.02 feet to an iron pin set;
Thence South 71 degrees 35 minutes 51 seconds West 76.56 feet to an iron pin set;
Thence South 47 degrees 01 minutes 19 seconds West 94.52 feet to an iron pin set;
Thence South 54 degrees 03 minutes 11 seconds West 69.08 feet to an iron pin set;
Thence South 24 degrees 36 minutes 35 seconds West 60.48 feet to an iron pin set;
Thence South 15 degrees 21 minutes 59 seconds West 69.62 feet to an iron pin set;
Thence South 06 degrees 26 minutes 45 seconds East 79.52 feet to an iron pin set;
Thence South 11 degrees 12 minutes 51 seconds West 64.45 feet to an iron pin set
Thence South 05 degrees 58 minutes 22 seconds West 33.97 feet to an iron pin set;
Thence South 19 degrees 38 minutes 29 seconds West 31.60 feet to an iron pin set;
Thence South 02 degrees 27 minutes 53 seconds East 118.44 feet to a point;
 
Thence South 44 degrees 37 minutes 43 seconds West 257.57 feet to a 5/8 inch rebar set with cap in the South line of said 124.076 acre tract, said point also being in the North line of the John G. Armstrong property (O.R. 25693-G02);
 
Thence following the North line of the Armstrong property, North 87 degrees 34 minutes 08 seconds West 319.00 feet to an existing iron pipe at the Northwest corner of Sobeck Road  (Plat Book 35, Page 106);
 
Thence, following the West line of Sobeck Road., South 04 degrees 22 minutes 12 seconds West, 33.79 feet, to an existing iron pipe;
 
Thence, in an curve to the right (said curve having a radius of 588.00 feet and a central angle of 26 degrees 33 minutes 42 seconds, a  chord bearing and distance of  South 17 degrees 51 minutes 23 seconds West 270.16 feet) a total arc length of 272.59 feet, to an existing iron pipe;
 
Thence, South 30 degrees 55 minutes 56 seconds West, 302.71 feet to an existing iron pipe;
 
Thence, leaving Sobeck Road. and following the East line of the limited access North bound James Road ramp (as shown on Sheet 17 of Ohio Department of Transportation Records, FRA-40-17-26), North 31 degrees 00 minutes 37 seconds West, 167.36 feet, to an existing iron pipe;
 
Thence, North 04 degrees 01 minutes 18 seconds, East 659.49 feet, to an existing iron pipe;
Thence, North 25 degrees 17 minutes 10 seconds East, 465.59 feet, to an existing iron pipe;
Thence, North 35 degrees 06 minutes 26 seconds East, 304.04 feet, to an existing iron pipe;
 
Thence, leaving said limited access road, South 87 degrees 08 minutes 03 seconds East along the South line of Glenbrook Subdivision (Plat Book 36, Page 62-65), 741.39 feet, to an existing iron pipe;
 
Thence, continue along said subdivision, South 87 degrees 54 minutes 16 seconds East, 29.39 feet to the Point of Beginning.
 
Containing 17.889 acres all in Franklin County, Ohio.
 
Subject to all easements, restrictions and reservations of record.
 
 
The bearing and distances shown on the survey and in the aforementioned legal description are based on the Ohio State Plane Coordinate system.  The base line for bearings is South 81 degrees 15 minutes 57
seconds West, 1348.69 feet, between Franklin County Monument 44 and Franklin County Monument 144, located on the South side of Interstate 70, approximately 1/2 mile North of the subject property.
 
 
To Rezone From: from M-1, Manufacturing District,
 
To: L-M, Limited Manufacturing District
 
 
Section 2.  That a Height District of Thirty-five (35) feet is hereby established in the L-I,  Limited Institutional and L-M, Limited Manufacturing 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-I, Limited Institutional District and L-M, Limited Manufacturing District Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled "L-I, LIMITED INSTITUTIONAL TEXT" and "L-M, LIMITED MANUFACTURING TEXT", signed by R. Bobby Thompson, Agent for the Applicant, dated May 10, 2003, and reading as follows:
 
L-I, Limited Institutional Text
 
Proposed District:      LI
Proposed Address:      3480 Refugee Rd, Columbus, Ohio 43232
Owner:            First Church of God
Applicant:            R. Bobby Thompson
Date of Text:            5/10/03
Application Number:  Z03-003      
 
 
1.      Introduction
 
The subject parcel is rectangular tract approximately 106 - acres that sits along the northern boundary of the 124-acre parcel, North of the Overnite Trucking Company and South of the existing residential neighborhood.   The 124 - acre parcel is located on the North side of Refugee Rd, approximately ½ mile east of Winchester Pike.  The entire 124 - acre parcel is currently zoned M & M1.  It is proposed that the site be zoned LI to accommodate the future development plans of the church.  
 
Currently we have only one building (a gymnatorium), which is fully operational.   A secondary building (a family life center) recently started construction and is anticipated to be complete near the end of 03'.
 
A tract of land at the western edge of the property currently zoned M-1, will be rezoned to the L-M, Limited Manufacturing District and allow for development as allowed in the Limited Text.   An exiting creek/stream/swale that runs from north and south will remain the natural boundary between the L-I and the L-M zonings.
 
We believe our proposed usage of this development fits within the parameters of the existing adjacent permitted uses and simultaneously allows us to develop the plans as outlined in the Pastor's vision.
 
2.      Permitted Uses
 
We propose to develop a continuum of care of senior residents as outlined in Chapter 3303.08 of the City of Columbus Zoning requirements.  It will contain independent units, a two story apartment building, an assisted living facility, walking paths, gardens, and other amenities that will accommodate and promote the care and life of senior residents.
 
 
3.      Development Standards
 
A.      Density, Lot and or Setback Commitments
i.      We will follow the standards as outlined in Chapter 3349 of the City of Columbus Zoning Department requirements.
B.       Access, Loading, Parking and/or Other Traffic Related Commitments
i.      All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
ii.      The access to Marlin Drive will be limited to senior housing residents only, and not be an access route for church congregants to enter into the neighborhood.
iii.      We will provide key card access for the residents to be able to traverse to and from their homes to church related activities.
 
C.      Buffering, Landscaping, Open Space, and/or Screening
i.      We will maintain a 100 foot wide landscaped buffer established from and along the south and west perimeter property lines adjacent to the trucking company.  In addition a six-foot high earthen mound measured from the grade of the southern property line, shall be installed along the southern property line within the landscaped buffer.  The southerly base shall be setback a minimum of 20 feet from the property line.  The top of the mound shall contain a level area a minimum of 6 feet in width the entire length of the mound.   The mound shall be planted with grass.  A double row of staggered trees shall be planted along the entire length of the mound each 30 feet on center in separate rows, such that they appear 15 feet on center.  
ii.      Deciduous tress shall be planted at the rate of one tree per 50 linear feet randomly placed in the north and east perimeter setbacks.  Other trees shall be planted to meet the code requirements within the housing and along the perimeter.  
iii. All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
iv. All trees will meet the following minimum size at the time of planting - Shade trees 2 ½" caliper; ornamental trees 1 ½" caliper; evergreen trees 5 feet in height.  Tree caliper is to be measured (6) inches from the ground.
v.      The existing drainage swale will be developed to appear stream like and shall be preserved susbstantially in its natural condition.
 
D.      Building Design and/or Interior-Exterior Treatment Commitments
i.      The buildings shall be constructed of any combination of the following; brick, stucco, metal or vinyl siding, split faced block, and/or wood.
ii.      Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.  Ground mounted equipment shall be fully screened from view from ground level using comparable and compatible materials as the building materials.  
 
E.       Lighting, Outdoor Display Areas and/or other Environmental Commitments
i.      Light standards shall not exceed 18 feet in height
ii.      Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane
iii. For aesthetic compatibility, lights shall be from the same or similar type and color.
iv. Lighting shall not exceed 0.1 foot candles anywhere along a property line.
 
F.      Graphics and/or Signage Commitments
i.      All graphics and signage shall comply with the Graphics code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
 
L-M Limited Manufacturing Text
 
Proposed District:      L - M
Proposed Address:      3480 Refugee Rd, Columbus, Ohio 43232
Owner:            First Church of God
Applicant:            R. Bobby Thompson
Date of Text:            5/10/03
Application Number:  Z03-003      
 
 
4.      Introduction
 
The subject parcel is an oblong tract approximately 18 - acres that sits on the west end of the 124 acres parcel, and along the shared property line of Overnite Trucking Company.   It has a natural boundary of a creek/stream/swale that runs along the eastern boundary.   The larger 124 - acre parcel is located on the North side of Refugee Rd, approximately ½ mile east of Winchester Pike.  The entire 124 - acre parcel is currently zoned M & M1 which by happenstance is the zoning for which we are adding this limited text.  It is proposed that the remaining 106 acres be zoned L-I to accommodate the future development plans of the church.
 
Currently we have only one building (a gymnatorium), which is fully operational.   A secondary building (a family life center) recently started construction and is anticipated to be complete near the end of 03'.
 
The 18 acre tract as previously indicated is zoned M-1.  The land north of this tract is zoned SR with a predominance of single-family houses.  The land directly to the east is what we are proposing to have rezoned to  L-I.  The land on the south and west boundaries of this tract appear to be zoned M also and accommodate a trucking facility and its access road.   The southern property line between the trucking company and the proposed housing will remain vacant for the purpose of buffering.
 
We believe our proposed usage of this 7-10 acre tract fits within the parameters of the existing adjacent permitted uses and simultaneously serves as a buffer for the rest of our property.
 
5.      Permitted Uses
 
We propose to develop a store and lock storage facility, offices as permitted within the C-2 usages, and telecommunication usages as permitted under section 3353.02 of the Manufacturing Text dated 8/01 of the City of Columbus Code.  All other uses in Chapter 3365 are prohibited.
 
 
6.      Development Standards
 
A.      Density, Lot and or Setback Commitments
i.      We will follow the standards as outlined in Chapter 3363 of the City of Columbus Zoning Department.
B.       Access, Loading, Parking and/or Other Traffic Related Commitments
i.      All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
C.      Buffering, Landscaping, Open Space, and/or Screening
i.      Trees shall be planted along the southern side of the property line at a ratio of one tree per thirty feet.
ii.      All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
iii. All trees will meet the following minimum size at the time of planting - Shade trees 2 ½" caliper; ornamental trees 1 ½" caliper; evergreen trees 5 feet in height.  Tree caliper is to be measured (6) inches from the ground.
iv. Buffering shall be between 3 - 5 feet in height along the southern property line, with a 2:1 slope
D.      Building Design and/or Interior-Exterior Treatment Commitments
i.      The buildings shall be constructed of any combination of the following; brick, stucco, metal or vinyl siding, split faced block, and/or wood.
ii.      Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.  Ground mounted equipment shall be fully screened from view from ground level using comparable and compatible materials as the building materials.  
E.       Lighting, Outdoor Display Areas and/or other Environmental Commitments
i.      Manufacturing Districts
1.      Light standards shall not exceed 28 feet in height except lights located within 100 feet of a residentially used or zoned property shall not exceed 18 feet in height.
2.      Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane
3.      For aesthetic compatibility, lights shall be from the same or similar type and color.
4.      Lighting shall not exceed 0.1 footcandles anywhere along a property line.
 
F.      Graphics and/or Signage Commitments
It is the policy of the City of Columbus that either 1 or 2 shall be used in this section and nothing else
i.      All graphics and signage shall comply with the Graphics code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
 
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.