Explanation
Rezoning Application Z09-004
APPLICANT: M/I Homes of Central Ohio, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on April 9, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 57.07± acre site is undeveloped and zoned in the NG, Neighborhood General, and NE, Neighborhood Edge Districts as approved by Ordinance No. 1396-2004 on July 26, 2004 (Z04-014). The applicant is requesting a rezoning to the NE, Neighborhood Edge District. The proposal will result in a decrease in the number of dwelling units from 280 to 251, change the internal circulation, and add access points to the abutting property to the north which may be developed with a school. The proposal remains consistent with the land use recommendations of the Rocky Fork/Blacklick Accord (2003), which identifies Traditional Neighborhood Development for this location. The proposal is consistent with the Plan recommendation, and the zoning and development patterns of the area.
Title
To rezone 4820 CENTRAL COLLEGE ROAD (43081), being 57.07± acres located north of the intersection of Central College Road and Caplinger Avenue, From: NE, Neighborhood Edge, and NG, Neighborhood General Districts, To: NE, Neighborhood Edge District and to declare an emergency (Rezoning # Z09-004).
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WHEREAS, application # Z09-004 is on file with the Building Services Division of the Department of Development requesting rezoning of 57.07± acres from NE, Neighborhood Edge, and NG, Neighborhood General Districts to NE, Neighborhood Edge District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development utilizes the Traditional Neighborhood Development code and has an interconnected street grid for walkability; five foot sidewalks on Central College Road; pedestrian connectivity; and green space within a quarter mile of all residents; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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 NE, Neighborhood Edge District will result in a decrease in density from 280 to 251 dwelling units, change the internal circulation, and add access points to the abutting property to the north which may be developed with a school. The proposal remains consistent with the land use recommendations of the Rocky Fork/Blacklick Accord (2003), which identifies Traditional Neighborhood Development for this location. The proposal is consistent with the Plan recommendation, and the 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:
4820 CENTRAL COLLEGE ROAD (43081), being 57.07± acres located north of the intersection of Central College Road and Caplinger Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 6, Quarter Township 2, Township 2, Range 16, United States Military Lands, being out of the remainder of that 141.238 acre tract conveyed to M/I Homes of Central Ohio, LLC by deed of record in Instrument Number 200405190115111 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being more particularly bounded and described as follows:
Beginning for reference, at Franklin County Geodetic Survey Monument Number 1576 RESET, marking the centerline of Central College Road (public, width varies), being a southwesterly corner of that 0.722 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200712180215640, said monument being North 86° 49' 53" West, a distance of 1314.29 feet from Franklin County Geodetic Survey Monument Number 8825 RESET;
thence North 03° 28' 29" East, with a westerly line of said 0.722 acre tract, across the right-of-way of said Central College Road, a distance of 50.00 feet to a point in an easterly line of Lot 8 of that subdivision entitled "Seclusion Woods" of record in Plat Book 61, Page 30, being the TRUE POINT OF BEGINNING;
thence North 03° 28' 29" East, with an easterly line of said Lot 8, an easterly line of said Lots 5, 6, and 7 of said "Seclusion Woods", and an easterly line of that 6.001 acre tract conveyed to Robert E. Porter by deed of record in Instrument Number 200105240114919, that 9.996 acre tract conveyed to John E. Kyees and Judy A. Kyees by deed of record in Official Record 11180A02, and that 2.004 acre tract conveyed to David A. Burt and Melissa E. Burt by deed of record in Instrument Number 200205020111110, and that tract conveyed as Tract One to Samuel F. Cox by deed of record in Instrument Number 200111070258159, a distance of 2608.87 feet to a point at a southeasterly corner of that tract conveyed to Charles R. Carroll and Janice L. Carroll by deed of record in Deed Book 3262, Page 171, the southwesterly corner of Lot 5 of that subdivision entitled "Hickory Point" of record in Plat Book 54, Page 100;
thence South 87° 52' 30" East, with the southerly line of said Lot 5 and Lot 6 of said "Hickory Point", that 10.376 acre tract conveyed to M/I Homes of Central Ohio, LLC by deed of record in Instrument Number 200805020068206, a distance of 1303.64 feet to a point at the southwesterly corner of the tract conveyed as Parcel One to Robert N. Phillips by deed of record in Deed Book 3434, Page 927;
thence South 85° 19' 02" East, with the southerly line of said Parcel One, a distance of 338.28 feet to a point at the northwesterly corner of the terminus of Tournament Avenue as shown on that plat entitled "Upper Albany West Section 3" of record in Plat Book 109, Page 94;
thence with the westerly right-of-way line of said Tournament Avenue, the following courses and distances:
South 03° 21' 02" West, a distance of 319.50 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00" a radius of 20.00 feet, an arc length of 31.42 feet and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 52.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing and distance of South 41° 38' 58" East, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 80.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 16.00 feet to a point at a point of curvature; with the arc of a curve to the right, having a central angle of 90° 00' 00", an arc length of 31.42 feet, a radius of 20.00 feet, a chord bearing and distance of South 41° 38' 58" East, 28.28 feet to a point; and
South 03° 21' 02" West, a distance of 80.00 feet to a point at a point of curvature in the northerly right-of-way line of Carlatun Street as shown on that subdivision plat entitled "Upper Albany West Section 1" of record in Plat Book 105, Page 86;
thence with the northerly right-of-way line of said Carlatun Street, the following courses and distances:
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
thence North 86° 38' 58" West, a distance of 50.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing and distance of North 41° 38' 58" West, 28.28 feet to a point;
North 86° 38' 58" West, a distance of 16.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having, a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
North 86° 38' 58" West, a distance of 45.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of North 41° 38' 58" West, 28.28 feet an to a point;
North 86° 38' 58" West, a distance of 52.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point; and
North 86° 38' 58" West, a distance of 202.00 feet to a point in the westerly terminus of said Carlatun Street;
thence South 03° 21' 02" West, with said westerly terminus, a distance of 52.00 feet to a point in the westerly right-of-way line of Witherspoon Way as shown in said "Upper Albany West Section 1";
thence with the westerly right-of-way line of said Witherspoon Way, the following courses and distances:
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord distance and bearing of South 41° 38' 58" East, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 34.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 16.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 41° 38' 58" East, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 45.00 feet to a point to a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 52.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 41° 38' 58" East, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 45.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 16.00 feet to a point to a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 41° 38' 58" East, 28.28 feet to a point;
South 03° 21' 02" West, a distance of 60.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
thence across said 141.238 acre tract, the following courses and distances:
North 86° 38' 58" West, a distance of 453.00 feet to a point at a point of curvature;
thence continuing with said northerly right-of-way, with the arc of a curve to the left, having a central angle of 90° 00' 00", a radius of 280.00 feet, an arc length of 439.82 feet, and a chord bearing and distance of South 48° 21' 02" West, 395.98 feet to a point;
thence South 03° 21' 02" West, a distance of 193.00 feet to a point at a point of curvature;
with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing and distance of South 48° 21' 02" West, 28.28 feet to a point;
South 86° 38' 58" East, a distance of 145.00 feet to a point in the westerly terminus of Oswald Street as shown on said "Upper Albany West Section 2";
thence South 03° 21' 02" West, with the westerly terminus of said Oswald Street, a distance of 52.00 feet to a point;
thence South 86° 38' 58" East, with the southerly right-of-way line of said Oswald Street, a distance of 8.00 feet to a point at a northwesterly corner of Lot 294 of said "Upper Albany West Section 2";
thence South 03° 21' 02" West, with a westerly line of said Lot 294, a distance of 123.00 feet to a point;
thence South 86° 38' 58" East, with a southerly line of said Lot 294, a distance of 47.00 feet to a point at the common corner of Lots 275 and 276 of said "Upper Albany West Section 2";
thence South 03° 21' 02" West, with the westerly line of Lots 275, 274, 273, 272, 271, 270, 269, 268, 267, 266, and Reserve "L", the westerly terminus of Caplinger Avenue, and the westerly line of Reserve "K" of said "Upper Albany West Section 2", a distance of 831.38 feet to a point in the northerly right-of-way line of said Central College Road;
thence North 86° 49' 53" West, with said northerly right-of-way line, a distance of 629.18 feet to a point the TRUE POINT OF BEGINNING and containing 57.070 acres of land, more or less, of which 4.899 acres is out of Auditor's Parcel Number 460-266123 and 55.685 acres is out of Auditor's Parcel Number 460-266125.
Subject, however, to all legal rights-of-ways 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 are based on North 86° 29' 28" West for the centerline of Central College Road between FCGS Monument Numbers 8824 and 8825 as shown on the "Centerline Survey Plat" for said Central College Road dated 22 August 2002 and on file at the Franklin County Engineer's Office.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
To Rezone From: NE, Neighborhood Edge, and NG, Neighborhood General Districts,
To: NE, Neighborhood Edge District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the NE, Neighborhood Edge 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 NE, Neighborhood Edge, NG, Neighborhood General and NC, Neighborhood Center Districts and Application among the records of the Building Services Division as required by Sections 3320.13 of the Columbus City Codes; said plans being titled, "REGIONAL LAND USE," "NATURAL FEATURES," "DEVELOPMENT PLAN, " "ZONING DISTRICTS," "CIVIC SPACES," "THOROUGHFARE PLAN," and TND principles statement titled, "STATEMENT ADDRESSING TND PRINCIPLES," all signed on April 9, 2009 by Jeffrey L. Brown, 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. 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.