Explanation
Rezoning Application Z04-013
APPLICANT: M/I Homes of Central Ohio, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Single-family and two-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 6, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested PUD-8, Planned Unit Development District would permit 208 single-family and two-family dwellings on public streets with a gross density of 5.5 units per acre, which nets 7.7 units per acre after right-of-way dedication, and 6.2 acres of open space. The proposed development is consistent with the established zoning and development patterns of the area.
Title
To rezone 1151 WAGGONER ROAD (43004), 37.74± acres located on the west side of Waggoner Road, 280± feet north of Kennedy Road, From: R, Rural District, To: PUD-8, Planned Unit Development District and to declare an emergency. (Rezoning # Z04-013)
Body
WHEREAS, application #Z04-013 is on file with the Building Services Division of the Department of Development requesting rezoning of 37.74± acres from R, Rural District, to the PUD-8, Planned Unit Development District; 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 to begin construction as soon as possible 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 PUD-8, Planned Unit Development District would permit 208 single-family and two-family dwellings on public streets with a gross density of 5.5 units per acre, which nets 7.7 units per acre after right-of-way dedication, and 6.2 acres of open space. The proposed development is consistent with the established zoning and development patterns of the area, 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:
1151 WAGGONER ROAD (43004), 37.74± acres located on the west side of Waggoner Road, 280± feet north of Kennedy Road, and being more particularly described as follows:
37.736 Acres
Situated in the State of Ohio, County of Franklin, Township of Jefferson, lying in Lot No. 8, Section 4, Township 1, Range 16, United States Military Lands and being out of the 40 ½ acre tract conveyed to Investors Land Co. by deed of record in Official Record 19176 G14, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning for Reference at Franklin County Geodetic Survey Monument No. 0017 marking the centerline intersection of Waggoner Road and Kennedy Road;
Thence North 03° 49' 01" East, a distance of 282.12 feet, along the centerline of said Waggoner Road, to a railroad spike found at a common corner of said 40 ½ acre tract and the 115.739 acre tract conveyed as Parcel One to the Dominican Sisters, St. Mary of the Springs, Columbus, Ohio by deed of record in Official Record 33447 B20. Said railroad spike being the TRUE POINT OF BEGINNING of the herein described tract:
The following two (2) courses and distances along the lines common to said 40 ½ and 115.739 acre tracts:
1. Thence North 86° 15' 34" West, a distance of 2655.32 feet, to a ¾" iron pipe found at the southwesterly corner of said 40 ½ acre tract;
2. Thence North 02° 42' 46" East, a distance of 264.20 feet, to a ¾" iron pipe found at the southeasterly corner of said 20 acre tract;
3. Thence North 03° 16' 46" East, a distance of 48.46 feet, along the easterly line of said 20 acre tract and westerly line of said 40 ½ acre tract to a point in the center of Ramsey's Run;
The following twenty (20) courses and distances across said 40 ½ acre tract, and along the meanders of Rameys Run:
1. Thence North 73° 46' 52" East, a distance of 21.00 feet to a point;
2. Thence North 60° 13' 57" East, a distance of 94.00 feet to a point;
3. Thence North 69° 46' 45" East, a distance of 25.00 feet to a point;
4. Thence North 56° 22' 36" East, a distance of 31.00 feet to a point;
5. Thence North 44° 38' 33" East, a distance of 90.00 feet to a point;
6. Thence North 65° 56' 15" East, a distance of 62.00 feet to a point;
7. Thence North 78° 29' 00" East, a distance of 34.00 feet to a point;
8. Thence North 87° 21' 38" East, a distance of 120.00 feet to a point;
9. Thence North 16° 04' 19" East, a distance of 63.00 feet to a point;
10. Thence North 60° 11' 55" East, a distance of 23.00 feet to a point;
11. Thence South 82° 44' 43" East, a distance of 92.00 feet to a point;
12. Thence South 45° 57' 33" East, a distance of 41.00 feet to a point;
13. Thence North 89° 37' 26" East, a distance of 43.00 feet to a point;
14. Thence South 57° 14' 47" East, a distance of 42.00 feet to a point;
15. Thence South 31° 36' 11" East, a distance of 19.00 feet to a point;
16. Thence South 73° 14' 18" East, a distance of 19.00 feet to a point;
17. Thence North 33° 01' 42" East, a distance of 56.00 feet to a point;
18. Thence North 62° 52' 03" East, a distance of 36.00 feet to a point;
19. Thence North 55° 58' 03" East, a distance of 56.00 feet to a point;
20. Thence North 35° 06' 50" East, a distance of 44.61 feet to a point in the northerly line of said 40 ½ acre tract and in the southerly line of "Willowbrook Crossing Part 2," a subdivision of record in Plat Book 100, Pages 93 and 94;
21. Thence South 86° 18' 40" East, a distance of 1859.28 feet, along the northerly line of said 40 ½ acre tract and the southerly lines of said "WILLOWBROOK CROSSING - PART 2" and "WILLOWBROOK CROSSING - PART 1", a subdivision of record in Plat Book 100, Pages 49-50, to a point, referenced by a railroad spike found 0.36 feet North and 0.62 feet West, in the aforesaid centerline of Waggoner Road at a common corner of said 40 ½ acre tract and "WILLOWBROOK CROSSING - PART 1";
Thence South 03° 49' 01" West, a distance of 666.29 feet, along said centerline of Waggoner Road and the easterly line of said 40 ½ acre tract to the TRUE POINT OF BEGINNING, Containing 37.736 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings in the above description are based on the same meridian as the bearings shown on the subdivision plat entitled "Waggoner Chase Section 1", of record in Plat Book 92, Pages 14 and 15, Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
To Rezone From: R, Rural District,
To: PUD-8, Planned Unit Development District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-8, Planned Unit Development 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 PUD-8, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plan being titled "WAGGONER TRACE", signed by Jeffrey L. Brown, Attorney for the Applicant, and dated June 17, 2004.
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.