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File #: 0640-2010    Version: 1
Type: Ordinance Status: Passed
File created: 4/21/2010 In control: Zoning Committee
On agenda: 5/17/2010 Final action: 5/20/2010
Title: To rezone 7041 BENT TREE BOULEVARD (43235), being 12.0± acres located north of the intersection of Bent Tree and Federated Boulevards, From: L-ARLD, Limited Apartment Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z08-028).
Attachments: 1. ORD0640-2010Attachments.pdf, 2. ORD0640-2010Labels.pdf, 3. ORD0640-2010DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Rezoning Application # Z08-028
 
APPLICANT: Deborah Iacoboni; c/o Walter S. Withers; Architect; 1250 Chambers Road, Suite 110; Columbus, OH 43212.
 
PROPOSED USE:  Housing for the elderly and assisted living facility.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on December 10, 2009.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is developed with a 169-unit retirement community in the L-ARLD, Limited Apartment Residential District.  The requested CPD, Commercial Planned Development District would allow the conversion of 31 two-bedroom units into 31 one-bedroom units and 31 assisted-living units (no kitchen) for a new total of 200 units.  The CPD text commits to the existing site layout, contains use restrictions, and carries over appropriate development standards to preserve the extensive landscaping.  The request is compatible with the zoning and development patterns in the area.
 
Title
 
To rezone 7041 BENT TREE BOULEVARD (43235), being 12.0± acres located north of the intersection of Bent Tree and Federated Boulevards, From:  L-ARLD, Limited Apartment Residential District, To:  CPD, Commercial Planned Development District (Rezoning # Z08-028).
 
 
Body
 
WHEREAS, application #Z08-028 is on file with the Department of Building and Zoning Services requesting rezoning of 12.0± acres from L-ARLD, Limited Apartment Residential District to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes this development has included bike racks for employees, residents, or visitors that ride their bike by choice or because of limited alternatives; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District is consistent with the zoning and development patterns of the area.  The proposal would allow for the conversion of 31 two-bedroom units into 31 one-bedroom units and 31 assisted-living units (no kitchen) for a new total of 200 units.  The CPD text commits to the existing site layout, contains use restrictions, and carries over appropriate development standards to preserve the extensive landscaping, 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:
 
7041 BENT TREE BOULEVARD (43235), being 12.0± acres located north of the intersection of Bent Tree and Federated Boulevards, and being more particularly described as follows:
 
 
DESCRIPTION OF 12.000 ACRES
NORTH OF FEDERATED BOULEVARD AND
WEST OF BENT TREE BOULEVARD
COLUMBUS, OHIO
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4,
Township 2, Range 19, United States Military Lands, being 12.000 acres out of that original 127.299 acre tract of land as described in a deed to Fabulous Ten, of record in Official Records Volume 5550, Page G-12 (all references herein being to the records located in the Recorder's Office, Franklin County, Ohio), said 12.000 acre tract being more particularly described as follows:
Beginning, FOR REFERENCE, at the centerline intersection of Federated Boulevard, 75
feet in width, and Bent Tree Boulevard, 80 feet in width, as shown and delineated upon the plats "DEDICATION OF FEDERATED BOULEVARD", of record in Plat Book 64, Pages 19 and 20, and "BENT TREE BOULEVARD AND SNOUFFER ROAD DEDICATION AND EASEMENTS", of record in Plat Book 64, Page 21; thence North 49° 14' 51" West, along the centerline of Federated Boulevard, a distance of 90.00 feet to a point; thence North 40° 45' 09" East, a distance of 40.00 feet to a point in the northerly right-of-way line of Federated Boulevard at the point of tangency of the westerly right-of-way return of Bent Tree Boulevard at the point of tangency of the westerly right-of-way return of Bent Tree Boulevard, the TRUE POINT OF BEGINNING.
Thence North 49° 14' 51" West, along the northerly right-of-way line of Federated
Boulevard, a distance of 416.24 feet to an iron pin set;
Thence North 49° 45' 09" East, through the aforementioned original 127.299 acre tract, a
distance of 806.52 feet to an iron pin set in the southerly line of Skyline Addition No. 3, or record in Plat Book 24, Page 109; Thence South 86° 45' 13" East, along said southerly line, also a northerly line of said original 127.299 acre tract, a distance of 541.20 feet to an iron pin found at the southeasterly corner of that 0.803 acre tract of land as described in a deed of Drennen W. and Francis L. Swickard, of record in Deed Book 2073, Page 611; Thence South 3° 33' 00" West, again through said original 127.299 acre tract, a distance of 358.57 feet to an iron pin set in the westerly right-of-way line of Bent Tree Boulevard; Thence along said westerly right-of-way line the following four courses:
1. South 64° 32' 00" West, a distance of 121.84 feet to a point of curvature;
2. With the arc of a curve to the left, having a radius of 1,540.00 feet, a central angle of 23° 46' 51", the chord of which bears South 52° 38' 35" West, a chord distance of 634.60 feet to the point of tangency;
3. South 40° 45' 09" West, a distance of 67.95 feet to a point of curvature;
4. With the arc of a curve to the right, having a radius of 50.00 feet, a central angle of 90° 00' 00", the chord of which bears South 85° 45' 09" West, a chord distance of 70.71 feet to the TRUE POINT OF BEGINNING and containing 12.000 acres of land.
Bearings herein conform to those of the referenced plats.
Iron pins set consist of a one inch O.D. iron pipe, 30 inches long with a plastic cap in the end inscribed "M-E BLDG CONSULTANTS".
TOGETHER WITH:
The permanent easement situated in the State of Ohio, County of Franklin, City of
Columbus, Quarter Township 4, Township 2, Range 19, United States Military Lands, being a utility easement located within that original 23.413 acre tract of land as described in a deed to M/I Schottenstein Homes, Inc., of record in Official Records Volume 8305, Page E-07 (all references herein being to the records located in the Recorder's Office, Franklin County, Ohio), said easement being more particularly described as follow;
Beginning, FOR REFERENCE, at the most westerly corner of that 12.000 acre tract of
land as described in a deed to Cardinal Retirement Village of Northwest Columbus, Limited Partnership, of record in Official Records Volume 8305, Page E-07, and in the northerly right-of way line of Federated Boulevard (75 feet in width):
Thence North 40° 45' 09" East, along the northwesterly line of said 12.000 acre tract, a distance of 325.00 feet to the TRUE POINT OF BEGINNING.
Thence through the aforementioned original 23.413 acre tract the following 3 courses and
distances;
1. North 49° 14' 51" West, a distance of 15.00 feet to a point;
2. North 40° 45' 09" East, a distance of 10.00 feet to a point;
3. South 49° 14' 51" East, a distance of 15.00 feet to a point in the aforementioned northwesterly line;
Thence South 40° 45' 09" West, along said northwesterly line, a distance of 10.00 feet to the TRUE POINT OF BEGINNING.
 
 
To Rezone From:  L-ARLD, Limited Apartment Residential District,
 
To:  CPD, Commercial Planned Development District.
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development 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 and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "CPD SITE PLAN," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by Walter S. Withers, Agent for the Applicant, dated March 1, 2010, and the text reading as follows:
 
COMMERCIAL PLANNED DEVELOPMENT TEXT
 
PROPOSED DISTRICT:  CPD, Commercial Planned Development
PROPERTY ADDRESS:  Claremont Retirement Village; 7041 Bent Tree Boulevard; Columbus, Ohio 43235
OWNER:  Claremont Retirement Village, L.P.
APPLICANT:  Deborah Iacoboni      
DATE OF TEXT:  March 1, 2010
APPLICATION NUMBER:  Z08-028
 
 
1.  INTRODUCTION:   Claremont Retirement Village, L.P. operates Claremont Retirement Village, an      independent living apartment facility at 7041 Bent Tree Boulevard, Columbus, Ohio, 43235.  This facility has served individuals who have desired a full service retirement facility for approximately twenty years.  The facility contains forty six two-bedroom units and one hundred twenty three one bedroom units for a total of one hundred sixty nine apartment units being operated currently.  The facility will become a Residential Care Facility licensed by the Ohio Department of Health.  After conversion to a Residential Care Facility, the owner will consider converting 31 two bedroom units into one studio unit (without a kitchen) and a one bedroom unit for each of the 31 two bedroom units.  This would add thirty one units and change the total number of units to 200.  The proposed change of use will allow the facility to expand the range of services offered at Claremont to include assisted living services.  These services will include assistance with activities of daily living, such as bathing and dressing, taking of medications, etc.  The twelve acre site the facility is built on meets the requirements for pedestrian and vehicular use and will be kept in its current configuration.  The facility will have to have certain improvements made to the existing building to bring it up to the current applicable building codes and guidelines.  These include adding a new alarm system, a new NFPA 13 fire suppression system, improvements for handicapped accessibility where needed, modifications to the existing electrical system, etc.  The facility interiors will also have cosmetic improvements.
2.  PERMITTED USES:  Those uses permitted in Section 3349.03 (r) and (w), Institutional, of the Columbus City Code, with the following accessory uses: apothecary, church, medical/dental clinic or laboratory, offices, private or recreation facilities, and adult daycare facilities.
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated in the submitted site plan or written text, the applicable development standards are contained in Chapter 3356, C-4, commercial, of the Columbus City Code.
 
A. Density, height, lot and/or Setback commitments.
      
1.  Density (existing):  169 units on 12 acres.  14.08 DU/AC.
 
2.  Density (after converting 31 two bedroom units):   200 units on 12 acres.   16.67 DU/AC.
 
3.  Height:  Maximum height allowed is 35 feet.  Height of existing buildings on site is 15 feet.
      
4.  Existing Setbacks:  The existing setbacks are as follows:
      
North of property = 100' building and parking setback, except for the existing dumpster enclosure.
East of property = 10' building and parking setback.
Northwest of property = 10' building and parking setback.
Along Bent Tree Boulevard = 25'
Along Federated Boulevard = 25' building setback, except for the existing dumpster enclosure.
 
5.  New Setbacks:    The new setbacks after additional dedication of Right of Way along Bent Tree Boulevard and Federated Boulevard are as follows:
      
Along Bent Tree Boulevard = 44'-0" building setback and 10'-0" parking setback.
Along Federated Boulevard = 32'-6" building setback, except for the existing dumpster enclosure, and 12'-6" parking setback.
  
B.  Access, Loading, Parking and/or other traffic related commitments:  
      
1.  The access, loading and parking will remain as they currently are on the site.  Any new access in the future will be worked out with the City's Division of Planning and Operations.
 
2.   Existing Parking:  Total existing parking provided =104 spaces.
            
3.  Required Parking:   .75 spaces (housing for the elderly) x 169 units = 127 spaces.  In addition .5 spaces (studio units without kitchens) x 31 units = 16 spaces.  The total required parking is 143 spaces. Required parking is more than the provided parking, so a variance of 39 spaces is needed.
 
C. Buffering, Landscaping, Open space and/or Screening commitments:
      
1.  Street Trees.  There are 40 deciduous and evergreen trees along Bent Tree Boulevard and 26 street trees along Federated Boulevard.
      
2.  Trees on the interior of the site.  There are 261 deciduous and evergreen trees in the interior of the site inside of the existing drive.
 
3.  West buffer.  There are 30 deciduous and evergreen trees along the west property line outside of the existing drive.
 
4.  North buffer.  There are 22 deciduous and evergreen trees in the cleared areas of the 100' buffer zone outside of the dense wooded areas
 
5.  Northeast buffer.  There are 11 deciduous and evergreen trees outside of the dense wooded area.
      
6.  Any replacement trees or new trees on the site shall meet the following size at the time of planting.
      
Shade trees -  2 ½"caliper.
Ornamental trees  - 1 ½ "caliper.
Evergreen trees - 5' to 6' in height
Shrubbery - 2 gallon container
 
7.  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/or Interior-Exterior treatment commitments:
      
1.  There are no changes contemplated to the exterior of the existing buildings.
      
2.  Interior changes will be limited to interior decoration and the changes necessary to convert the R-2 occupancy to I-1 occupancy.  These include adding a new alarm system, a new NFPA 13 fire suppression system, improvements for handicapped accessibility where needed, electrical system changes according to the National Electric Code, etc.  This conversion may take place in phases.
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments:
      
1.  There are no changes contemplated.
      
2.  The existing light poles are 14'-0" with a 2'-6" light fixture for a total height of 16'-0".  Future additional light poles, if any, shall be a maximum of 18'-0" in height      
 
F.  Graphics and/or Signage commitments:
      
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.
 
G.  Miscellaneous commitments:
      
1.  Variances requested:
 
a. Setback along Federated Boulevard:   to allow a setback of 32'-6"
b. Setback along Bent Tree Boulevard:   to allow a setback of 44'-0"
c. Dumpster off of Federated Boulevard:  to allow the dumpster to be set back  5'-0" from Federated Boulevard.
 
2.  Healthy places commitments:
 
a.  The existing facility has a perimeter drive which is used for walking and the outside exit doors from the corridors have walks leading to the drive.
b.  A bike rack will be installed at the front and rear entry doors.   
               
3.  The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed.  Any slight adjustment to the Site Plan is subject to review and approval by the Director of the Department of Building and Zoning Services or his/her designee, upon submission of the appropriate data regarding the proposed adjustment.
 
4.  The applicant shall comply with the Parkland Dedication Ordinance requirement.
 
4.  CPD REQUIREMENTS
 
A.  Natural Environment:   
 
1.  The site is currently fully developed and there are no building additions contemplated.  
 
2.  There are numerous healthy existing deciduous and evergreen trees and shrubs growing in the courtyards and around the facility.
 
B.  Existing Land Uses:
       
Currently the property has a fully developed and operating retirement apartment facility.
 
C.  Transportation and Circulation:
 
The property is located on the northwest corner of Bent Tree Boulevard and Federated Boulevard which are lower grade arterial thoroughfares.  The property has a boulevard entry with 2 curb cuts.  There are no additional curb cuts contemplated.
 
D.  Visual Form of the Environment:
 
The building is in good condition as it has had proper maintenance.  The landscaping has also had good maintenance and has a good appearance.  
 
E.  View and Visibility:
 
This well-maintained facility has a good appearance and enhances the neighborhood.
 
F.  Proposed Development:
 
There is no new development contemplated.
 
G.  Emissions:
 
The changeover from apartments to assisted living will not generate more trash and cooking exhaust than the current level.       
H.  Behavior Patterns:
 
As the population changes to assisted living from independent living the vehicular traffic should be reduced.  The pedestrian traffic should be remain about the same.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.