Explanation
REZONING APPLICATION: Z03-092
APPLICANT: Community Housing Network, Inc. c/o Samantha A. Shuler; 975 E.
Broad Street, Columbus, Ohio 43205.
PROPOSED USE: Commercial and multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on January 8, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the CPD, Commercial Planned Development, and L-AR-O, Limited Apartment Office Districts to develop the site with commercial and multi-family residential development not to exceed 35 apartment units. The proposed site and landscape plan is designed in consideration of the abutting residential use, and is consistent with the zoning and development patterns of the area.
Title
To rezone 1662 HARRISBURG PIKE (43223), being 2.9± acres located at the southeast corner of Harrisburg Pike and Chambers Avenue, From: R, Rural District, To: CPD, Commercial Planned Development, and L-AR-O, Limited Apartment Residential/Office Districts and to declare an emergency. (Rezoning # Z03-092).
Body
WHEREAS, application #Z03-092 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.9± acres, From: R, Rural District, To: CPD, Commercial Planned Development, and L-AR-O, Limited Apartment Residential/Office Districts; 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 the applicant needs to meet a Low-Income Housing Tax Credit application deadline for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the proposed site and landscape plan is designed in consideration of the abutting residential use, and is consistent with the zoning and development patterns of the area. The requested CPD, Commercial Planned Development, and L-AR-O, Limited Apartment Residential/Office Districts will allow commercial and multi-family residential development not to exceed 35 apartment units; 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:
To rezone 1662 HARRISBURG PIKE (43223), being 2.9± acres located at the southeast corner of Harrisburg Pike and Chambers Avenue, and being more particularly described as follows:
Legal Description For
Zoning Purposes Only
Subarea A
1.322 Acres
CPD
Situated in the State of Ohio, County of Franklin, Township of Franklin, being part of Virginia Military Survey No. 971, part of the 0.775 and 2.358 Acre tracts conveyed to the Community Housing Network, Inc (Instrument Number 200309160296016, Tracts One and Two respectively), Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Commencing at a railroad spike found at the centerline intersection of Harrisburg Pike (U.S. Route 62) with Chambers Road, in the west line of the Donald Green 0.5 Acre tract (Instrument Number 200304030096750);
Thence, along the centerline of said Harrisburg Pike and part of the west line of said 0.5 Acre tract, South 32° 55' 00" West, 14.21 feet to a point at the northwest corner of said 0.755 Acre tract and the southwest corner of said 0.5 Acre tract;
Thence, along part of the north line of said 0.755 Acre tract, part of the south line of said 0.5 Acre tract, South 59° 02' 31" East, 30.02 feet to a iron pipe found capped "Bird & Bull" in the east Right of Way of said Harrisburg Pike, being the TRUE POINT OF BEGINNING of the herein legal description for zoning purposes only;
Thence, continuing along part of the north line of said 0.755 Acre tract, part of the south line of said 0.5 Acre tract and part of the north line of said 2.358 Acre tract,
South 59° 02' 31" East, 189.98 feet to an iron pipe set (passing an iron pipe found capped "Bird & Bull" at 187.98 feet);
Thence, across said 2.358 Acre tract, parallel with the centerline of said Harrisburg Pike, South 32° 55' 00" West, 303.38 feet to a point in the south line of said 2.358 Acre tract, in the north line of the Cindy S. Hunter 1.041 Acre tract (Official Record Volume 22502 H-01);
Thence, along part of the south line of said 2.358 Acre tract, the north line of said 1.041 Acre tract, North 59° 01' 41" West, 189.98 feet to a 12" X 12" concrete post found in the east Right of Way of said Harrisburg Pike;
Thence, along the east Right of Way of said Harrisburg Pike, across said 2.358 and 0.755 Acre tracts, North 32° 55' 00" East, 303.33 feet to the place of beginning CONTAINING 1.322 ACRES, of the herein legal description for zoning purposes only.
To Rezone From: R, Rural District,
To: CPD, Commercial Planned Development District.
Legal Description For
Zoning Purposes Only
Subarea B
1.582 Acres
L-AR-O
Situated in the State of Ohio, County of Franklin, Township of Franklin, being part of Virginia Military Survey No.'s 717 and 971, part of the 0.775 and 2.358 Acre tracts conveyed to the Community Housing Network, Inc (Instrument Number 200309160296016, Tracts One and Two respectively), Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Commencing at a railroad spike found at the centerline intersection of Harrisburg Pike (U.S. Route 62) with Chambers Road, in the west line of the Donald Green 0.5 Acre tract (Instrument Number 200304030096750);
Thence, along the centerline of said Harrisburg Pike and part of the west line of said 0.5 Acre tract, South 32° 55' 00" West, 14.21 feet to a point at the northwest corner of said 0.755 Acre tract and the southwest corner of said 0.5 Acre tract;
Thence, along the north line of said 0.755 Acre tract, part of the south line of said 0.5 Acre tract and part of the north line of said 2.358 Acre tract, South 59° 02' 31" East, 220.00 feet to an iron pipe set (passing iron pipes found capped "Bird & Bull" at 30.02 and 218.00 feet), being the TRUE POINT OF BEGINNING of the herein legal description for zoning purposes only;
Thence, continuing along part of the south line of said 0.5 Acre tract and part of the north line of said 2.358 Acre tract, South 59° 02' 31" East, 187.48 feet to a 1 inch O.D. (outer diameter) iron pipe found at the northeast corner of said 2.358 Acre tract and in the west line of Lot 42 of Autumn Village Section II (Plat Book 78, Page 85);
Thence, along an easterly line of said 2.358 Acre tract, part of the west line of said Lot 42, the west line of Lot 43 of said Autumn Village Section II, the west line of Lot 61, the westerly lines of Lot 61, the west line of Lot 63 and part of Lot 64 of Autumn Village Section III (Plat Book 81, Page 65), the following three (3) courses;
1. South 13° 50' 26" West, 154.26 feet to an iron pipe set;
2. South 67° 32' 38" West, 30.40 feet to an iron pipe found capped "Bird & Bull";
3. South 13° 50' 26" West, 137.52 feet to a 1 inch O.D. iron pipe found at the southeast corner of said 2.359 Acre tract, the northeast corner of the Cindy S. Hunter 1.041 Acre tract (Official Record Volume 22502 H-01);
Thence, along the south line of said 2.358 Acre tract, the north line of said 1.041 Acre tract, North 59° 01' 41" West, 265.61 feet to a point;
Thence, across said 2.358 Acre tract, parallel with the centerline of said Harrisburg Pike, North 32° 55' 00" East, 303.38 feet to a point to the place of beginning CONTAINING 1.582 ACRES, of the herein legal description for zoning purposes only.
To Rezone From: R, Rural District,
To: L-AR-O, Limited Apartment Residential/Office District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development, and L-AR-O, Limited Apartment Residential/Office Districts 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 and L-AR-O, Limited Apartment Residential/Office Districts and Application among the records of the Building Services Division as required by Sections 3311.12 and 3371.03 of the Columbus City Codes; said plans titled "HARRISBURG PIKE SITE PLAN "and "HARRISBURG PIKE SCREENING PLAN", and text titled, "COMMERCIAL PLANNED DEVELOPMENT AND LIMITATION TEXT," all signed by Samantha A. Shuler, attorney for the applicant, dated January 12, 2004 , and the text reading as follows:
COMMERCIAL PLANNED DEVEOPMENT AND LIMITATION TEXT
PROPERTY ADDRESS: 1662 Harrisburg Pike
PROPOSED DISTRICT: CPD and L-AR-O
OWNER/ APPLICANT: Community Housing Network, Inc.
DATE: January 12, 2004
APPLICATION NO.: Z03-092 (ADS NO. 03335-00097)
I. INTRODUCTION: The property subject to this limitation text is a 2.904-acre site located on the east side of Harrisburg Pike just north of Frank Road. A vacant single-family home and a pole barn are currently located on the site. The previous owner used the home as a residence for mentally retarded men. The new owner/applicant has annexed the property into Columbus. While in the township, the property was zoned in the least restrictive commercial district (CS, Community Service District) and in the EU, Exceptional Use District to accommodate the prior group home. The property east of the site is a developed single-family subdivision located in Columbus and zoned R-2. The remaining property surrounding the subject site is located mostly in the township and is developed with mixed uses, including single-family, multifamily, and commercial. For the subject site, the applicant plans to construct a new apartment building with 35 studio apartments on the rear 1.6 acres of the site and leave the front 1.3 acres for commercial development consistent with the previous County zoning.
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
II. PERMITTED USES FOR SUBAREA A: The uses permitted in Subarea A (consisting of 1.3 acres and described in the legal descriptions submitted with this rezoning application) shall be those uses permitted Columbus City Code Section 3355.03 (C-3, Commercial District).
III. DEVELOPMENT STANDARDS FOR SUBAREA A: Unless otherwise indicated within this commercial planned development text, the applicable development standards for Subarea A shall be those contained in Columbus City Code Chapter 3361.
A. Density, Height, Lot and Setback Commitments
1. Building Setback: The minimum building setbacks for Subarea A shall be 30 feet from Harrisburg Pike, 50 feet from the south property line, and 25 feet from the north and east property lines.
2. Parking Setback: The minimum parking setbacks for Subarea A shall be 10 feet from each property line, except that a driveway that serves Subarea B from the shared access drive located in Subarea A may be located in the minimum parking setback area.
B. Access, Loading, Parking and Other Traffic Related Commitments
1. Access: Unless otherwise approved by the City of Columbus Transportation Division, access from Harrisburg Pike to Subarea A and Subarea B shall be shared and only one curb cut to Harrisburg Pike shall be permitted.
2. Right-of-Way: Additional right-of-way shall be dedicated to the City of Columbus so that the right-of-way of Harrisburg Pike along Subarea A from the centerline is 60 feet wide.
C. Buffering, Landscaping, Open Space and Screening Commitments
1. Screening: A minimum six-foot high board-on-board fence shall be installed as shown on the Landscape Plan submitted with this rezoning application and dated January 12, 2004 (hereinafter referred to as the "Landscape Plan").
2. Landscaping: Subarea A shall be landscaped as shown on the Landscape Plan.
3. Minimum Size: When installed, shade trees shall be at least 2.5-inch caliper; ornamental trees shall be at least 1.5-inch caliper; and evergreen trees shall be at least 5 feet in height. Tree caliper is measured 6 inches from the ground.
4. Maintenance: All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
D. Building Design and Interior-Exterior Commitments
1. Mechanical Equipment: Roof-mounted mechanical equipment or utility hardware shall be screened to prevent it from being visible from the property line of Subarea A. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or a fence or wall constructed of comparable and compatible materials as the building materials.
E. Dumpsters, Lighting, Outdoor Display Areas and Environmental Commitments
1. Dumpster: Dumpsters shall be screened with a minimum six-foot high wood fence or brick wall.
2. Lighting:
a. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
b. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
c. All outdoor lighting shall from the same or similar manufacturer's type to assure compatibility.
d. Accent lighting shall be permitted provided such light source is concealed.
e. Light poles shall not exceed 14-feet in height.
F. Graphic Commitments: Graphics shall conform to Columbus City Code Article 15 (City Graphics Code) as it applies to C-3, Commercial District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous
1. Site Plan Revision Allowance: Subarea A shall be developed according to the Site Plan submitted with this rezoning application and dated January 12, 2004 (hereinafter referred to as the "Site Plan"); however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time development and engineering plans are completed. The Department of Development Director or the Director's designee may approve slight adjustments to the Site Plan upon submission of the appropriate data regarding the proposed adjustment
2. Parkland Dedication: As required by Columbus City Code Chapter 3318, the applicant shall pay $520.00 to the Recreation and Parks Department before a zoning clearance certificate for Subarea A may be issued.
IV. CPD REQUIREMENTS FOR SUBAREA A
A. Natural Environment: The property is mostly flat and has several trees and green space.
B. Existing Land Use: The property is not currently being used. The previous owner used the home as a residence for mentally retarded men.
C. Transportation and Circulation: The property is located on Harrisburg Pike, a designated 4D-2 arterial street in the Columbus Thoroughfare Plan. The site currently has a circular driveway and two curb cuts, which will be removed. A new driveway located near the south lot line will be constructed and shared by both Subareas.
D. Visual Form of Environment: The property is developed with one single-family house and a pole barn, but is otherwise undeveloped. The surrounding area is developed with mixed uses, including single-family, multifamily, and commercial.
E. View and Visibility: The property is visible from Harrisburg Pike.
F. Proposed Development: Commercial uses are planned for Subarea A.
G. Behavior Patterns: The surrounding area has mixed uses including residential and commercial. Most people use cars to commute to and from the area.
H. Emissions: The proposed development is not expected to create adverse emissions.
L-AR-O, LIMITED APARTMENT RESIDENTIAL/ OFFICE DISTRICT
V. PEMITTED USES FOR SUBAREA B: The uses permitted in Subarea B (consisting of 1.6 acres and described in the legal descriptions submitted with this rezoning application) shall be those uses permitted in Columbus City Code Section 3333.04 (AR-O, Apartment Office District).
VI. DEVELOPMENT STANDARDS FOR SUBAREA B: Unless otherwise indicated within this limitation text, the applicable development standards for Subarea B shall be those contained in Columbus City Code Chapter 3333.
A. Density, Height, Lot and Setback Commitments
1. Density: No more than 35 dwelling units shall be permitted in Subarea B.
2. Building Setback: The minimum building setbacks for Subarea B from each property line shall be 25 feet.
3. Parking Setback: The minimum parking setbacks for Subarea B shall be 10 feet from each property line, except that a driveway that serves Subarea B from the shared access drive located in Subarea A may be located in the minimum parking setback area.
B. Access, Loading, Parking and Other Traffic Related Commitments
1. Access: Unless otherwise approved by the City of Columbus Transportation Division, access from Harrisburg Pike to Subarea A and Subarea B shall be shared and only one curb cut to Harrisburg Pike shall be permitted.
C. Buffering, Landscaping, Open Space and Screening Commitments
1. Screening: A minimum six-foot high board-on-board fence shall be installed as shown on the Landscape Plan.
2. Landscaping: Subarea B shall be landscaped as shown on the Landscape Plan.
3. Minimum Size: When installed, shade trees shall be at least 2.5-inch caliper; ornamental trees shall be at least 1.5-inch caliper; and evergreen trees shall be at least 5 feet in height. Tree caliper is measured 6 inches from the ground.
4. Maintenance: All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
D. Building Design and Interior-Exterior Commitments
1. Mechanical Equipment: Roof-mounted mechanical equipment or utility hardware shall be screened to prevent it from being visible from the property line of Subarea B. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or a fence or wall constructed of comparable and compatible materials as the building materials.
E. Dumpsters, Lighting, Outdoor Display Areas and Environmental Commitments
1. Dumpster: Dumpsters shall be screened with a minimum six-foot high wood fence or brick wall.
2. Lighting:
a. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
b. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
c. All outdoor lighting shall from the same or similar manufacturer's type to assure compatibility.
d. Accent lighting shall be permitted provided such light source is concealed.
e. Light poles shall not exceed 14-feet in height.
F. Graphic Commitments: Graphics shall conform to Columbus City Code Article 15 (City Graphics Code) as it applies to AR-O, Apartment Office District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous
1. Site Plan Revision Allowance: Subarea B shall be developed according to the Site Plan; however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time development and engineering plans are completed. The Department of Development Director or the Director's designee may approve slight adjustments to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
Parkland Dedication: As required by Columbus City Code Chapter 3318, the applicant shall install private outdoor recreational equipment, including a basketball hoop, and pay $8,620.00 to the Recreation and Parks Department before a zoning clearance certificate for Subarea B may be issued.
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.