Explanation
REZONING APPLICATION: Z06-030
APPLICANT: Dominion Homes, Inc.; c/o Robert A. Meyer, Jr., Attorney; Porter, Wright, Morris and Arthur; LLP; 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Traditional Neighborhood Development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 8, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This application for approximately 135 acres will reallocate the NC, Neighborhood Center; NG, Neighborhood General; and NE, Neighborhood Edge Districts over five subareas within the original zoning. This rezoning will result in the same number (1346) of dwelling units as previously approved, more than 200 of which are already constructed. The proposed development is consistant with the recommendations of the Interim Hayden Run Corridor Plan and gross density remains at 5.19 dwelling units per acre; now, therefore,
Title
To rezone 5038 COSGRAY ROAD (43235), being 134.89± acres located at the northeast corner of Cosgray Road and Hayden Run Road, and extending east to the Conrail railroad right-of-way, From: NC, Neighborhood Center; NG, Neighborhood General; NE, Neighborhood Edge Districts To: NC, Neighborhood Center; NG, Neighborhood General; NE, Neighborhood Edge Districts. (AMENDED BY ORD. 2057-2006 PASSED 12/4/2006)
Body
WHEREAS, application #Z06-030 is on file with the Building Services Division of the Department of Development requesting rezoning of 134.89± acres From: NC, Neighborhood Center; NG, Neighborhood General; NE, Neighborhood Edge Districts To: NC, Neighborhood Center; NG, Neighborhood General; NE, Neighborhood Edge Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because this rezoning application for approximately 135 acres will reallocate the NC, Neighborhood Center; NG, Neighborhood General; and NE, Neighborhood Edge Districts over five subareas within the original zoning. This rezoning will result in the same number (1346) of dwelling units as previously approved, more than 200 of which are already constructed. The proposed development is consistant with the recommendations of the Interim Hayden Run Corridor Plan and gross density remains at 5.19 dwelling units per acre; 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:
5038 COSGRAY ROAD (43235), being 134.89± acres located at the northeast corner of Cosgray Road and Hayden Run Road, and extending east to the Conrail railroad right-of-way and being more particularly described as follows:
SUB-AREA A
NEIGHBORHOOD GENERAL
50.943 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey Nos. 3453 and 6953, Virginia Military District, being part of the remainder of the original 53.320 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200509230198943, the remainder of the original 161.25 acre tract conveyed to Rings Farm Ltd. by deed of record in Instrument Number 199901050002791, and the remainder of the original 56.694 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200409230223247, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at the centerline intersection of Avery Road and Winters Run Road, as shown in Plat Book 107, Page 17;
Thence North 05° 27' 47" West, a distance of 301.42 feet, with the centerline of said Avery Road, to the intersection of said centerline and the southwesterly line of the tract conveyed to New York Central Lines, LLC by deed of record in Instrument Number 200212180325201;
Thence North 39° 15' 59" West, a distance of 3957.98 feet, across said Avery Road, and with said southwesterly line, to a point in the northeasterly line of the remainder of said original 161.25 acre tract, being the TRUE POINT OF BEGINNING;
Thence across the remainder of said original 161.25 acre tract, the following courses and distances:
South 50° 41' 13" West, a distance of 261.41 feet, to a point of curvature;
With said curve to the right, having a central angle of 33° 22' 09", a radius of 568.00 feet, an arc length of 330.81 feet, and a chord which bears South 67° 22' 17" West, a chord distance of 326.15 feet, to a point of tangency;
Thence South 84° 03' 22" West, a distance of 525.87 feet, across the remainder of said original 161.25 acre tract, and said 53.320 acre tract, to a point;
Thence continuing across said 53.320 acre tract, the following courses and distances:
South 06° 04' 01" East, a distance of 481.63 feet, to a point;
With a curve to the left, having a central angle of 27° 09' 27", a radius of 1611.64 feet, an arc length of 763.90 feet, and a chord which bears South 65° 32' 34" West, a chord distance of 756.77 feet, to a point of compound curvature;
With said curve to the left, having a central angle of 10° 30' 05", a radius of 1485.81 feet, an arc length of 272.33 feet, and a chord which bears South 47° 07' 57" West, a chord distance of 271.95 feet, to a point of reverse curvature;
With said curve to the right, having a central angle of 28° 18' 49", a radius of 775.00 feet, an arc length of 382.98 feet, and a chord which bears South 60° 34' 57" West, a chord distance of 379.09 feet, to a point in the easterly right-of-way line of Spring River Avenue, as dedicated in Plat Book 107, Page 32;
Thence North 05° 57' 24" West, a distance of 1620.58 feet, with said easterly right-of-way line, to a point in the northerly line of said 53.320 acre tract;
Thence with the northerly lines of said 53.320 acre tract, the following courses and distances:
North 83° 56' 57" East, a distance of 716.70 feet, to a point;
North 06° 59' 32" West, a distance of 183.20 feet, to a point;
North 83° 02' 28" East, a distance of 147.80 feet, to a point;
Thence South 05° 37' 59" East, a distance of 135.26 feet, across said 53.320 acre tract, to a point;
Thence North 83° 02' 28" East, a distance of 1272.03 feet, continuing across said 53.320 acre tract, to a point in the northeasterly line thereof;
Thence South 39° 15' 59" East, a distance of 375.36 feet, with said northeasterly line, to the TRUE POINT OF BEGINNING, containing 50.943 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
To Rezone From: NC, Neighborhood Center, NG, Neighborhood General, and NE, Neighborhood Edge Districts,
To: NG, Neighborhood General District.
SUB-AREA B
NEIGHBORHOOD GENERAL
3.836 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey No. 3453, Virginia Military District, being part of the remainder of the original 53.320 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200509230198943, the remainder of the original 161.25 acre tract conveyed to Rings Farm Ltd. by deed of record in Instrument Number 199901050002791, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at the centerline intersection of Avery Road and Winters Run Road, as shown in Plat Book 107, Page 17;
Thence North 05° 27' 47" West, a distance of 301.42 feet, with the centerline of said Avery Road, to the intersection of said centerline and the southwesterly line of the tract conveyed to New York Central Lines, LLC by deed of record in Instrument Number 200212180325201;
Thence North 39° 15' 59" West, a distance of 4344.67 feet, across said Avery Road, and with said southwesterly line, to a point in the northeasterly line of the remainder of said original 161.25 acre tract, being the TRUE POINT OF BEGINNING;
Thence South 83° 02' 28" West, a distance of 1272.03 feet, across the remainder of said original 161.25 acre tract and said 53.320 acre tract, to a point;
Thence North 05° 37' 59" West, a distance of 135.26 feet, continuing across said 53.320 acre tract, to a point in the northerly line thereof;
Thence North 83° 02' 28" East, a distance of 1183.38 feet, with the northerly lines of said 53.320 and original 161.25 acre tracts, to the northeasterly corner of said original 161.25 acre tract;
Thence South 39° 15' 59" East, a distance of 160.00 feet, with the northeasterly line of said original 161.25 acre tract, to the TRUE POINT OF BEGINNING, containing 3.836 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
To Rezone From: NE, Neighborhood Edge District,
To: NE, Neighborhood Edge District.
SUB-AREA C
NEIGHBORHOOD GENERAL
37.262 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey Nos. 3453 and 6953, Virginia Military District, being part of the remainder of the original 53.320 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200509230198943, the remainder of the original 161.25 acre tract conveyed to Rings Farm Ltd. by deed of record in Instrument Number 199901050002791, the remainder of the original 56.694 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200409230223247, and the original 73.476 acre tract conveyed to The Falls at Hayden Run, Ltd. by deed of record in Instrument Number 20041116026534, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at the centerline intersection of Avery Road and Winters Run Road, as shown in Plat Book 107, Page 17;
Thence North 05° 27' 47" West, a distance of 301.42 feet, with the centerline of said Avery Road, to the intersection of said centerline and the southwesterly line of the tract conveyed to New York Central Lines, LLC by deed of record in Instrument Number 200212180325201;
Thence North 39° 15' 59" West, a distance of 2680.78 feet, across said Avery Road, and with said southwesterly line, to a southeasterly corner of the remainder of said original 161.25 acre tract, being the TRUE POINT OF BEGINNING;
Thence with the southerly lines of the remainder of said original 161.25 acre tract, the following courses and distances:
South 85° 05' 38" West, a distance of 728.54 feet, to a point;
South 86° 44' 46" West, a distance of 167.01 feet, to a point;
Thence South 83° 51' 36" West, a distance of 103.49 feet, with the southerly lines of the remainder of said original 161.25 acre tract and said 53.320 acre tract, to a point;
Thence South 83° 35' 04" West, a distance of 521.84 feet, with the southerly line of said 53.320 acre tract, to a point of curvature;
Thence with said curve to the left, having a central angle of 45° 59' 46", a radius of 1299.47 feet, an arc length of 1043.19 feet, and a chord which bears South 66° 19' 09" West, a chord distance of 1015.41 feet, with the southerly line of said 53.320 acre tract, across the remainder of said 73.476 acre tract, and with the southerly line of the remainder of said original 56.694 acre tract, to a point of reverse curvature;
Thence with said curve to the right, having a central angle of 42° 20' 19", a radius of 969.70 feet, an arc length of 716.56 feet, and a chord which bears South 63° 06' 14" West, a chord distance of 700.36 feet, continuing with said southerly line, to a point of tangency;
Thence South 83° 41' 37" West, a distance of 514.11 feet, continuing with said southerly line, to a point in a westerly line of the remainder of said original 56.694 acre tract;
Thence North 06° 00' 12" West, a distance of 232.43 feet, with said westerly line, to a point;
Thence North 83° 41' 37" East, a distance of 565.51 feet, across said original 56.694 acre tract, to a point of curvature;
Thence with said curve to the left, having a central angle of 31° 38' 52", a radius of 775.00 feet, an arc length of 428.08 feet, and a chord which bears North 62° 14' 58" East, a chord distance of 422.66 feet, across said original 56.694 acre tract and said 53.320 acre tract, to a point of reverse curvature;
Thence continuing across said 53.320 acre tract, the following courses and distances:
With said curve to the right, having a central angle of 10° 30' 05", a radius of 1485.81 feet, an arc length of 272.33 feet, and a chord which bears North 47° 07' 57" East, a chord distance of 271.95 feet, to a point of compound curvature;
With said curve to the right, having a central angle of 27° 09' 27", a radius of 1611.64 feet, an arc length of 763.90 feet, and a chord which bears North 65° 32' 34" East, a chord distance of 756.77 feet, to a point;
North 06° 04' 01" West, a distance of 481.63 feet, to a point;
Thence North 84° 03' 22" East, a distance of 525.87 feet, across said 53.320 acre tract and the remainder of said original 161.25 acre tract, to a point of curvature;
Thence with said curve to the left, having a central angle of 33° 22' 09", a radius of 568.00 feet, an arc length of 330.81 feet, and a chord which bears North 67° 22' 17" East, a chord distance of 326.15 feet, continuing across the remainder of said original 161.25 acre tract, to a point of tangency;
Thence North 50° 41' 13" East, a distance of 261.41 feet, continuing across the remainder of said original 161.25 acre tract, to a point in the northeasterly line thereof;
Thence South 39° 15' 59" East, a distance of 1288.53 feet, with said northeasterly line, to the TRUE POINT OF BEGINNING, containing 37.262 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
To Rezone From: NC, Neighborhood Center, NG, Neighborhood General, and Neighborhood Edge Districts,
To: NC, Neighborhood Center District
SUB-AREA D
NEIGHBORHOOD GENERAL
14.778 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey No. 3453, Virginia Military District, being part of the original 93.195 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200409220221891 and the original 73.476 acre tract conveyed to The Falls at Hayden Run, Ltd. by deed of record in Instrument Number 200411160262534, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at the centerline intersection of Avery Road and Winters Run Road, as shown in Plat Book 107, Page 17;
Thence North 05° 27' 47" West, a distance of 301.42 feet, with the centerline of said Avery Road, to the intersection of said centerline and the northeasterly line of said 93.195 acre tract projected southeasterly;
Thence North 39° 15' 59" West, a distance of 1977.98 feet, across said Avery Road, and with said northeasterly line, to the TRUE POINT OF BEGINNING;
Thence across said 93.195 acre tract, the following courses and distances:
South 50° 42' 25" West, a distance of 346.90 feet, to a point of curvature;
With said curve to the right, having a central angle of 23° 21' 45", a radius of 265.00 feet, an arc length of 108.05 feet, and a chord which bears South 62° 23' 17" West, a chord distance of 107.31 feet, to a point;
With a curve to the left, having a central angle of 67° 30' 52", a radius of 200.00 feet, an arc length 235.67 feet, and a chord which bears North 50° 01' 29" West, a chord distance of 222.27 feet, to a point of tangency;
North 83° 46' 55" West, a distance of 294.01 feet, to a point of curvature;
With said curve to the left, having a central angle of 11° 58' 44", a radius of 200.00 feet, an arc length of 41.81 feet, and a chord which bears North 89° 46' 17" West, a chord distance of 41.74 feet, to a point of tangency;
South 84° 14' 21" West, a distance of 248.36 feet, to a point;
South 05° 38' 16" West, a distance of 925.17 feet, to a point in a southerly line of said 93.195 acre tract;
Thence South 83° 10' 21" West, a distance of 131.94 feet, with said southerly line, to a point in the easterly line of said 73.476 acre tract;
Thence North 05° 42' 25" West, a distance of 1207.02 feet, with the line common to said 93.195 and 73.476 acre tracts, to a point;
Thence across said 73.476 acre tract, the following courses and distances:
South 84° 14' 21" West, a distance of 89.50 feet, to a point of curvature;
With said curve to the right, having a central a angle of 90° 00' 00", a radius of 12.50 feet, an arc length of 19.63 feet, and a chord which bears North 50° 45' 39" West, a chord distance of 17.68 feet, to a point of tangency;
North 05° 45' 39" West, a distance of 188.78 feet, to a point of curvature;
With said curve to the right, having a central angle of 89° 07' 56", a radius of 7.00 feet, an arc length of 10.89 feet, and a chord which bears North 38° 48' 19" East, a chord distance of 9.82 feet, to a point of tangency;
North 83° 22' 17" East, a distance of 95.12 feet, to a point in said common line;
Thence South 83° 37' 37" East, a distance of 1112.12 feet, across said 93.195 acre tract, to a point in the northeasterly line of said 93.195 acre tract;
Thence South 39° 15' 59" East, a distance of 304.03 feet, with said northeasterly line, to the TRUE POINT OF BEGINNING, containing 14.778 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
To Rezone From: NG, Neighborhood General District,
To: NG, Neighborhood General District.
SUB-AREA E
NEIGHBORHOOD EDGE
28.074 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey No. 3453, Virginia Military District, being part of the Original 93.195 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200409220221891, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at the centerline intersection of Avery Road and Winters Run Road, as shown in Plat Book 107, Page 17;
Thence North 05° 27' 47" West, a distance of 301.42 feet, with the centerline of said Avery Road, to the intersection of said centerline and the northeasterly line of said 93.195 acre tract projected southeasterly;
Thence North 39° 15' 59" West, a distance of 1029.87 feet, across said Avery Road, and with said northeasterly line, to the TRUE POINT OF BEGINNING;
Thence across said 93.195 acre tract, the following courses and distances:
South 73° 44' 26" West, a distance of 1016.66 feet, to a point;
South 06° 00' 43" East, a distance of 139.35 feet, to a point;
South 84° 19' 05" West, a distance of 151.11 feet, to a point in a westerly line of said 93.195 acre tract;
Thence North 06° 06' 28" West, a distance of 197.19 feet, with said westerly line, to a point;
Thence South 83° 10' 21" West, a distance of 496.45 feet, with a southerly line of said 93.195 acre tract, to a point;
Thence across said 93.195 acre tract, the following courses and distances:
North 05° 38' 16" West, a distance of 925.17 feet, to a point;
North 84° 14' 21" East, a distance of 248.36 feet, to a point of curvature;
With said curve to the right, having a central angle of 11° 58' 44", a radius of 200.00 feet, an arc length of 41.81 feet, and a chord which bears South 89° 46' 17" East, a chord distance of 41.74 feet, to a point of tangency;
South 83° 46' 55" East, a distance of 294.01 feet, to a point of curvature;
With said curve to the right, having a central angle of 67° 30' 52", a radius of 200.00 feet, an arc length 235.67 feet, and a chord which bears South 50° 01' 29" East, a chord distance of 222.27 feet, to a point;
With a curve to the left, having a central angle of 23° 21' 45", a radius of 265.00 feet, an arc length of 108.05 feet, and a chord which bears North 62° 23' 17" East, a chord distance of 107.31 feet, to a point of tangency;
North 50° 42' 25" East, a distance of 346.90 feet, to a point in the northeasterly line of said 93.195 acre tract;
Thence South 39° 15' 59" East, a distance of 948.11 feet, with said northeasterly line, to the TRUE POINT OF BEGINNING, containing 28.074 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
To Rezone From: NG, Neighborhood General District,
To: NE, Neighborhood Edge District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the NC, Neighborhood Center, NG, Neighborhood General, NE, Neighborhood Edge 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 NC, Neighborhood Center, NG, Neighborhood General and NE, Neighborhood Edge Districts and Application among the records of the Building Services Division as required by Section 3320.13 of the Columbus City Codes; said plans being titled, "TND DEVELOPMENT PLAN- 2006," "REGIONAL CONTEXT," "EXISTING CONDITIONS - NORTH PARCEL, " "EXISTING CONDITIONS - SOUTH PARCEL," TND statement of principles titled, "HAYDENS CROSSING TND MODIFICATION REZONING STATEMENT ADDRESSING TND PRINCIPLES, JUNE 20, 2006;" all signed on June 20, 2006 by Robert A. Meyer, Jr, attorney for the Applicant.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.