Explanation
Rezoning Application: Z23-032
APPLICANT: Metro Development, LLC; c/o Jeffery L. Brown, Atty.; Smith and Hale, LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 14, 2024.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 22.30± acre site consists of one parcel developed with agricultural uses and a single-unit dwelling in the R, Rural District. This is considered Phase I of the proposed development. Two additional parcels will be included in the overall development site upon annexation, and this Rezoning Application will be amended to incorporate that property which is labeled as Phase 2 on the site plan included with this ordinance, containing 3.5± acres. The proposed L-AR-1, Limited Apartment Residential District will allow an apartment complex consisting of a maximum of 439 units (19.7 du/acre) to be developed in accordance with the submitted site plan and building elevations. The South East Land Use Plan (2018), recommends “Employment Center” land uses at this location. While multi-unit residential development is inconsistent with the recommended land use, staff notes the site's adjacency to areas recommended for residential uses and proximity to emerging employment uses to the east along Winchester Pike as factors for supporting this proposed L-AR-1, Limited Apartment Residential District. Additionally, the proposal meets the City’s objective of providing more housing within all neighborhoods. A concurrent Council variance (Ordinance #0127-2025; CV23-050) has been filed to increase the maximum height of detached private garages.
Title
To rezone 5656 BIXBY RD. (43110), 22.30± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, From: R, Rural District, To: L-AR-1, Limited Apartment Residential District (Rezoning #Z23-032).
Body
WHEREAS, application #Z24-032 is on file with the Department of Building and Zoning Services requesting rezoning of 22.30± acres from R, Rural District, to the L-AR-1, Limited Apartment Residential District; and
WHEREAS, the Greater South East Area Commission recommends approval of said zoning change; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of the zoning change because the requested L-AR-1, Limited Apartment Residential District will allow for an apartment complex that is consistent with the emerging residential development pattern in the area. Staff also notes that proposal meets the objective to provide more housing in all areas of the city; 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:
5656 BIXBY RD. (43110), 22.30± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 25.8+/- acres of land, more or less, said 25.8+/- acres being part of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019, all of a 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being part of a tract of land described a Parcel 54-WD as shown on FRA-33-(26.21-30.13), said 25.8+/- acres more particularly described as follows:
Beginning for Reference, at the southwesterly corner of Section 14, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15 and being in the right-of-way Bixby Road and U.S. Rt. 33 (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13);
Thence N 04° 24’ 22” E, along the westerly line of said Section 14, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7 feet+/- to a point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southwesterly corner of said 22.285 acre tract and being at a southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, the True Point of Beginning;
Thence along the common lines of said 22.285 acre tract and said Original 106.059 acre tract, the following two (2) courses;
N 04° 24’ 22” E, 725.3 feet+/- to an angle point;
S 85° 35’ 38” E, 1308.0 feet+/- to an angle point at a common corner thereof and being in the westerly line of a 43.318 acre tract of land described as Parcel 2 and conveyed to Cobelton Bachman, LLC of record in Instrument Number 200303050066174;
Thence S 04° 24’ 22” W, along the easterly line of said 22.285 acre tract and said Parcel 54-WD and along the westerly line of said Parcel 2 and a tract of land described as Parcel 62-A as shown on the O.D.O.T. plans FRA-33-(26.21-30.13), 1016.8 feet+/- to an angle point;
Thence across said Parcel 54-WD and said Original 33.32 acre tract and along the common line of said 22.285 acre tract and said Parcel 54-WD, the following six (6) courses;
N 86° 11’ 32” W, 454.3 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7 feet+/- to a point;
S 70° 37’ 50” W, 81.1 feet+/- to an angle point;
S 85° 43’ 43” W, 385.7 feet+/- to an angle point;
N 43° 29’ 05” W, 66.6 feet+/- to the True Point of Beginning. Containing 25.8+/- acres.
The above description was prepared by Advanced Civil Design Inc. on December 12, 2023 and is based on information obtained from the Franklin County Auditor’s and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
Less than and excepting therefrom:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 3.5± acres of land, more or less, said 3.5± acre tract being part of the remainder tract of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019 and being all of a 2.731 acre vacation of Parcel 54-WD as shown in Road Record 37, Page 47, said 3.5± acres more particularly described as follows:
Beginning for Reference at a Franklin County Monument found, “FCGS 9944”, being at the southwesterly corner of Section 14 and a southwesterly corner of 2.584 acre tract of land described as Parcel 4-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15, being in the right-of-way of Bixby Road (R/W-Varies) and U.S. Rt. 33 (R/W-Varies) (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13) and being N85°36’02”W, 2700.52’ from a found Franklin County Monument “FCGS 5106”;
Thence N 04° 24’ 22” E, along the westerly line of said Section 14 and said portion of said 2.584 acre tract and a 2.74 acre tract of land Highway Easement known as Parcel No. 54-LA of record in CCP#213730, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7± feet to an O.D.O.T. monument found at an angle point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, being the northerly corner of said 2.584 acre tract, being the southwesterly corner of a 1.710 acre tract of land described as Parcel 1-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823, being the southwesterly Corporation Line of the City of Columbus (Case No. 8-00, Ord. No. 1509-00, I.N. 200009130184750), being the northerly corner of said portion of said remainder tract and being the northeasterly line of Madison Township;
Thence S 43° 29’ 05” E, along the southwesterly line of said 1.710 acre tract, along said northeasterly LA/RW and said 2.584 acre tract and along a new City of Columbus Corporation Line (Case No. #ANX-24-23, Ord. No. 2427-2023, I.N. 202311010114473), 66.6± feet to an angle point thereof and being at the northwesterly corner of a 6.11 acre tract of land conveyed to the Board of County Commissioners of Franklin County, Ohio, by deed recorded in Deed Book 3078, Page 46, originally appropriated to the State of Ohio as part of a 5.88 acre tract of land designated as Parcel 54-WD (FRA-33-(26.21-30.13)) in Franklin County Court of Common Pleas Case No. 213730;
Thence along the southerly line of said 1.710 acre tract and along the northerly line of said Parcel No. 54-WD and continuing along said Corporation Line (Case No. #ANX-24-23, Ord. No. 2427-2023, I.N. 202311010114473), the following two (2) courses;
N 85° 43’ 43” E., 385.7± feet to an angle point;
N 70° 37’ 50” E, 81.1± feet to a point at the current northeasterly corner of said Parcel 54-WD, the easterly corner of said 1.710 acre tract, a southerly line of an Original 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being the northwesterly corner of said 2.731 acre (1.441 Ac.) vacation tract, the True Point of Beginning;
Thence along southerly line of said Original 22.285 acre tract, the northerly line of said 2.731 acre (1.441 Ac.) vacation tract and continuing along said Corporation Line, the following five (5) courses;
N 70° 37’ 50” E, 31.1± feet to an angle point
S 84° 04’ 53” E, 224.5± feet to an angle point;
S 64° 01’ 42” E, 110.3± feet to an angle point;
S 63° 48’ 14” E, 472.3± feet to an at angle point;
S 62° 15’ 37” E, 9.9± feet to the southeasterly corner of said 22.285 acre tract, being in the westerly line of a 43.318 acre tract of land conveyed as Parcel 2 to Cobleton Bachman, LLC of record in Instrument Number 200303050066174 and being the northwesterly corner of a 1.00 acre Highway Easement designated as 62-A (FRA-33-(26.21-30.13)) conveyed as part of a 2.55 acre easement tract to the Board of Commissioners of Franklin County, Ohio, by deed recorded in Deed Book 3078, Page 46, originally conveyed to the State of Ohio by deed of record in Deed Book 2370, Page 509;
Thence S 04° 24’ 22” W, along the easterly line of said 2.731 acre vacation tract and along the westerly line of said 1.00 acre Highway Easement and 43.318 acre tract, 124.5± feet to a point being the southeasterly corner of said 2.731 acre vacation tract, being in the westerly line of said Highway Easement, being a current northeasterly corner of said Parcel No 54-WD and being in the northerly right-of-way line of said Bixby Road (FRA-33-(26.61-30.13)) (R/W-Varies);
Thence N 86° 11’ 32” W, along the southerly line of said 2.731 acre (1.290 Ac.) vacation tract, along the current southerly line of said Original 33.32 acre tract and along the northerly line of a 0.775 acre tract of land described as Parcel 2-WD and conveyed to Franklin County Commissioners of record Instrument Number 202408160082823, 454.3± feet to a current southwesterly corner of said Original 33.32 acre tract, the northwesterly corner of said 0.775 acre tract, being in the easterly line of a 1.070 acre tract of land described as Parcel 3-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823 and being the northerly right-of-way line of said Bixby Road (R/W-Varies);
With a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7± feet to a point of non-tangent curve;
With a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7± feet to the True Point of Beginning. Containing 3.5± acres.
The above description was prepared by Advanced Civil Design Inc. on August 1, 2024 and is based on information obtained from the Franklin County Auditor’s Office and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
The total length of the annexation perimeter is 1,929± feet, of which 848± feet are contiguous with existing City of Columbus Corporation lines, being 44.0±% contiguous.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
To Rezone From: R, Rural District,
To: L-AR-1, Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-1, Limited 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 change on the said official zoning map and shall register a copy of the approved L-AR-1, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said site plan titled, “PRIMROSE PLACE,” and said building elevation titled, “ARCHITECTURAL ELEVATIONS,” both dated December 30, 2024, and said text titled, “LIMITATION TEXT,” dated January 14, 2025, all signed by Jeffery L. Brown, Attorney for the Applicant, and the text reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-AR-1, Limited Apartment District
PROPERTY ADDRESS: 5656 Bixby Road
OWNER: Michael P. Barr
APPLICANT: Metro Development LLC
DATE OF TEXT: 1/14/25
APPLICATION NUMBER: Z23-032
1. INTRODUCTION: The site is on the north side of Bixby Road adjacent to US 33. To the north and east is agricultural ground; to the south is right of way acquired for a future interchange and to the west is US 33. Phase II, as shown on the site plan, is in the process of being annexed into the City.
2. PERMITTED USES: Those uses permitted in Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or drawings the applicable development standards are contained in Chapter 3333 of the Columbus City Code
A. Density, Lot, and/or Setback Commitments.
1. The combined total of units in Phase 1 and Phase 2 shall be a maximum of 504.
2. The height of the garages has increased from 15 to 16 feet (see CV23-050).
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. The applicant shall install a 285 foot (including the 50-foot taper) eastbound left turn lane on Bixby Road at the proposed site access.
2. The applicant shall construct a 345 foot (including the 50-foot taper) westbound right turn lane at the intersection of US-33 and Bixby Road.
3. The applicant shall be responsible for a contribution to the Franklin County Engineer’s Office toward a northbound right turn lane at the intersection of Winchester Pike and Bixby Road.
4. Outside of any requirements from the TIS, the developer is responsible to bring the northside of Bixby Road along the development’s frontage up to current County standards of an 11’ travel lane and 5’ paved shoulder.
5. Upon initial development of this site, direct access to Bixby Road is anticipated. However, upon initiation of construction of an interchange at the intersection of US-33 and Bixby Road and the establishment, either by the Ohio Department of Transportation as part of the interchange project or by another means, of alternative access availability by means of a connection through the property to the east, direct access to Bixby Road shall be removed and access to this site shall be taken only by means of the alternative available access connection depicted as “Future Access” on the Illustrative Site Plan dated 1/14/2025.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
N/A
D. Building Design and/or Interior-Exterior Treatment Commitments.
The buildings shall be constructed in accordance with the submitted building elevations. The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development plan and when engineering and architectural drawings are completed. Any slight adjustments to the building elevations shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding proposed adjustment.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
N/A
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 as it applies to the AR-1 zoning classification and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. Site Plan Revision Allowance. The Property shall be developed in accordance with the Site Plan; however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department Building and Zoning Services or the Director’s designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
2. The property owner is in the process of annexing ground that was subject to a highway easement (Phase 2 on the site plan). This zoning would permit the applicant to proceed with the balance of the development already in the City (Phase 1). This Rezoning Application will be amended upon annexation of Phase 2 to incorporate that property into the subject development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.