Explanation
Rezoning Application: Z24-002
APPLICANT: Hamilton Place Homes LLC; c/o Laura M. Comek, Atty.; Comek Law; 17 South High Street, Suite 100; Columbus, OH 43026.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-1) on January 9, 2025.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.55± acre site consists of one undeveloped parcel in the CPD, Commercial Planned Development District. The proposed AR-2, Apartment Residential District will allow a multi-unit residential development. The proposal is consistent with the Northland Plan Volume II’s (2002) land use recommendation of “Preserve District” which recommends continuing the residential development pattern on the east side of Hamilton Road. Additionally, this rezoning request aligns with the City’s policies for providing more housing units, and fulfills a condition specified in Ordinance #0286-2024 (CV23-131), passed on February 12, 2024 for an affordable housing project. A concurrent Council variance (Ordinance #0718-2025; CV24-130) is also included for a 60-unit apartment building with variances to building height, landscaping and screening, maneuvering, required parking, fronting, rear yard, and minimum side yard.
Title
To rezone 5432 N. HAMILTON RD. (43054), being 1.55± acres located 300± feet east of North Hamilton Road, and 760± feet north of Thompson Road, From: CPD, Commercial Planned Development District, To: AR-2, Apartment Residential District (Rezoning #Z24-002).
Body
WHEREAS, application #Z24-002 is on file with the Department of Building and Zoning Services requesting rezoning of 1.55± acres from CPD, Commercial Planned Development District, to AR-2, 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 because the requested AR-2, Apartment Residential District will allow multi-unit residential development that is consistent with the surrounding zoning and development pattern in the neighborhood, aligns with the City’s policies for providing more housing, and fulfills a condition specified in Ordinance #0286-2024 (CV23-131), passed on February 12, 2024; 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:
5432 N. HAMILTON RD. (43054), being 1.55± acres located 300± feet east of North Hamilton Road, and 760± feet north of Thompson Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2 North, Range 16 West, United States Military Lands and being 1.551 acres out of a 2.537 acre tract of land conveyed DS Hamilton LLC, by deed of record in Instrument 201601260009806, all references being to the Recorder's Office. Franklin County. Ohio, and bounded and described as follows:
Beginning, for reference, at Franklin County Monument No. 6666 found at an angle point in the centerline of N. Hamilton Road, said point also being the intersection of the centerline of N. Hamilton Road (variable width) with the centerline of Thompson Road;
thence N 03° 19’ 31" E along the centerline of N. Hamilton Road a distance of 1,078.31 feet to a point at the northwest corner of a 0.392 acre tract of land conveyed, for N. Hamilton Road right-of-way purposes, to the City of Columbus, Ohio, by deed of record in Instrument No.201412190168806 and at the southwest corner of a 0.194 acre tract of land conveyed, as Parcel No. 62-WD for N. Hamilton Road right-of-way purposes, to the City of Columbus, Ohio, by deed of record in Instrument No. 201812270174046, said point being S 03° 19' 31* W a distance of 508.26 feet from Franklin County I/monument No. 8813 found at an angle point in the centerline of N. Hamilton Road;
thence S 86° 54’ 29” E along the north line of said 0.392 acre tract, along the south line of said 0.194 acre tract, along a portion of the south line of an original 1.956 acre tract of land conveyed to Sara Zahra Rastegar, by deeds of record in Instrument No. 200410260246960 and Instrument No. 200810030148794 and along a portion of the north line of said 2.537 acre tract a distance of 365.45 feet to a 3/4" I.D. iron pipe set at the true place of beginning of the tract herein intended to be described (passing a 3/4" I.D. iron pipe found at the northeast corner of said 0.392 acre tract, at the southeast corner of said 0.194 acre tract and at the northwest corner of said 2.537 acre tract 60.00 feet);
thence S 86° 54' 29° E along a portion of the north line of said 2.537 acre tract and along a portion of the south line of said original 1,956 acre tract a distance of 238. 11 feet to a 3/4" I.D. iron pipe found at the northeast comer of said 2.537 acre tract, at the southeast comer of said original 1.956 acre tract and in the west line of a 3 acre tract of land conveyed to Garry L. & Pamela S. Rowe, by deed of record in Instrument No. 200010270217905;
thence S 03° 25’ 53” W along the east line of said 2.537 acre tract and along a portion of the west line of said 3 acre tract a distance of 284.48 feet to a 3/4" I.D. iron pipe found at the southeast corner of said 2.537 acre tract and at the northeast corner of a 1.507 acre tract of land conveyed to WOB Properties
LLC, by deed of record in Instrument No. 201307100115084 (passing a 5/8* solid iron pin found at 140.26 feet);
thence N 86° 56’ 27” W along a south line of said 2.537 acre tract, along the north line of said 1.507 acre tract and along a portion of the north line of an original 1.223 acre tract of land conveyed to TELHIO Credit Union, Inc by deed of record in Instrument No. 200402260041572 a distance of 237.01 feet to a 3/4 I.D. iron pipe previously set at the southeast comer of a 1.013 acre tract of land conveyed to The Kroger Co., by deed of record in Instrument No. 201602240021801;
thence N 03° 19' 31" E along a west line of said 2.537 acre tract and along the east line of said 1.013 acre tract a distance of 144.22 feet to a 3/4° I.D, iron pipe previously set at a corner of said 2.537 acre tract and at the northeast comer of said 1.013 acre tract;
thence IN 03° 05’ 31” E crossing said 2.537 acre tract a distance of 140.40 feet to the true place of beginning;
Containing 1.551 acre of land, more or less and being subject to all easements and restrictions of record. Of said 1.551 acres, 0.766 acre is within P.N. 010-295572 and 0.785 acre is within P.N. 010-295893.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc Consulting Engineers & Surveyors, Columbus, Ohio, from an actual field survey performed under my supervision in June, 2015. Basis of bearings is the centerline of N. Hamilton Road, between FCGS Monument 6666 and FCGS Monument 8813 being N 03° 19' 31” E, as shown on the Centerline Survey Plat prepared by the Franklin County Engineers Office and dated February 08, 2012, all other bearings are based upon this meridian.
TOGETHER WITH the beneficial easements contained in Access and Utility Easement recorded in
Instrument No. 201911270159967 of the Franklin County, Ohio Records.
TOGETHER WITH the beneficial easement contained in Access Easement recorded in Instrument No.201911270159970 of the Franklin County, Ohio Records.
To Rezone From: CPD, Commercial Planned Development District,
To: AR-2, Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the AR-2, 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 official 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.