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File #: 2281-2012    Version: 1
Type: Ordinance Status: Passed
File created: 10/15/2012 In control: Zoning Committee
On agenda: 11/5/2012 Final action: 11/8/2012
Title: To rezone 1018 MARSALA AVENUE (43228), being 4.4± acres located on the east side of Marsala Avenue, 520± feet south of Feder Road, From: L-AR-12, Limited Apartment Residential District, To: L-ARLD, Limited Apartment Residential District (Rezoning # Z12-035).
Attachments: 1. ORD2281-2012Attachments, 2. Notice Of Public Hearing - Council Mtg20121105
Explanation
REZONING APPLICATION # Z12-035
APPLICANT:  Hartford Village Commons, LLC; c/o Jeffrey L. Brown and David Hodge, Attys.; Smith & Hale, LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE:  Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on August 9, 2012.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is an undeveloped portion of a multi-unit residential development zoned in the L-AR-12, Limited Apartment Residential District.  The requested L-ARLD, Limited Apartment Residential District will allow higher density and change the type of unit that was originally planned for this development. The limitation text provides development standards for a maximum of 72 units, landscaping, building materials commitments, lighting controls, and five-foot-wide sidewalks.  The over-all density of the developed portion of the complex and the proposed 72 units will net 13.5 units/acre.  The site is located within the planning area of the Trabue/Roberts Area Plan (2011), which recommends medium-to-high density residential uses for this location.  The requested rezoning is consistent with the Trabue/Roberts Area Plan with respect to land use recommendations, and with the zoning and development patterns of the area.
 
Title
To rezone 1018 MARSALA AVENUE (43228), being 4.4± acres located on the east side of Marsala Avenue, 520± feet south of Feder Road, From:  L-AR-12, Limited Apartment Residential District, To:  L-ARLD, Limited Apartment Residential District (Rezoning # Z12-035).
 
Body
WHEREAS, application #Z12-035 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.4± acres from L-AR-12, Limited Apartment Residential District, to L-ARLD, Limited Apartment Residential District; and
WHEREAS, the Columbus Public Health Healthy Places program recognizes that the development has included five-foot wide sidewalks throughout the development; 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 L-ARLD, Limited Apartment Residential District will allow multi-unit residential development consistent with the land use recommendations of the Trabue/Roberts Area Plan and with surrounding developments.  The limitation text includes development standards that are comparable with the adjacent zoning districts; 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:
1018 MARSALA AVENUE (43228), being 4.4± acres located on the east side of Marsala Avenue, 520± feet south of Feder Road, and being more particularly described as follows:
DESCRIPTION OF A 4.434 ACRE TRACT OF LAND, LOCATED SOUTH OF FEDER ROAD AND WEST OF HILLIARD-ROME ROAD, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO
      Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 7326, containing 4.434 acres of land, more or less, said 4.434 acres being part of that 8.315 acre tract of land described in the deed to Hartford Village Commons, LLC, of record in Instrument No. 200508180167844, Recorder's Office, Franklin County, Ohio, said 4.434 acre tract being more particularly described as follows:
      Beginning, for reference, at the centerline intersection of Hilliard-Rome Road and Feder Road; thence N 86 deg. 14' 30" W, with the centerline of said Feder Road, a distance of 586.44 feet to a point; thence S 03 deg. 51' 52" W, with the westerly line of that 1.293 acre tract of land described in EXHIBIT A in the deed to D&Z Ice Cream Ltd., of record in Instrument No. 200112120289305, and with an easterly line of Hartford Village Commons Condominiums, Phase 1 (1.908 acres) as the same is designated and delineated upon the recorded plat of record in Condominium Plat Book 165, Page 21, crossing a P.K. Nail found at a distance of 50.00 feet, a total distance of 389.96 feet to a ¾ inch (I.D.) iron pipe found in the southwesterly corner of said 1.293 acre tract, the same being in an interior corner of said 8.315 acre tract and in the northwesterly corner of Hartford Village Commons Condominiums, Phase IV, Third Amendment, (0.429 acre), as the same is designated and delineated upon the recorded plat of record in Condominium Plat Book 172, Page 60; thence S 86 deg. 14' 30" E, with the southerly line of said 1.293 acre tract, the northerly line of said 8.315 acre tract and with the northerly line of said Third Amendment (0.429 acre), a distance of 50.65 feet, to a ¾ inch (I.D.) iron pipe found in the northeasterly corner of said Third Amendment (0.429 acre), the same being a northeasterly corner of said 8.315 acre tract and in a northwesterly corner of that 1.629 acre tract of land referred to as Parcel One and described in the deed to Prayosha Hotels, Ltd., of record in Instrument No. 199908160207827, all being of record in the Recorder's Office, Franklin County, Ohio; thence S 03 deg. 45' 30" W, with the easterly line of said Third Amendment (0.429 acre), an easterly line of said 8.315 acre tract and with the westerly line of said Parcel One, a distance of 180.00 feet to a ¾ inch (I.D.) iron pipe found at the true point of beginning at an easterly corner of said Third Amendment (0.429 acre), the same being an interior corner of said 8.315 acre tract and in the southwesterly corner of said Parcel One;
 
      Thence, from said true point of beginning, S 86 deg 14' 30" E, with the northerly line of said 8.315 acre tract and with the southerly line of said Parcel One, a distance of 299.67 feet to a ¾ inch (I.D.) iron pipe found in a northeasterly corner of said 8.315 acre tract, the same being in the westerly line of a 61.50 acre tract of land described in EXHIBIT "A" of the deed to Ruth Ann Hoffman, Larry Lee Hoffman and Roy Lee Hoffman of record in Official Record 05431H02, Recorder's Office, Franklin County, Ohio;
 
      Thence S 03 deg. 51' 50" W, with the easterly line of said 8.315 acre tract, and with the westerly line of said 61.50 acre tract, a distance of 609.27 feet to a ¾ inch (I.D.) iron pipe found in the southeasterly corner of said 8.315 acre tract, the same being an interior corner of said 61.50 acre tract;
 
      Thence N 86 deg. 01' 22" W, with the southerly line of said 8.315 acre tract, with a northerly line of said 61.50 acre tract and in part with the northerly line of that 16.480 acre tract of land, referred to as PARCEL 1 and described in EXHIBIT "A" in the deed to Marcus Pohlmann Properties I, LLC, of record in Instrument No. 200007240145759, a distance of 371.47 feet to the southeasterly corner of Hartford Village Commons Condominiums Phase III Second Amendment (0.838 acre) as the same is designated and delineated upon the recorded plat of record in Condominium Plat Book 171, Page 65, both being of record in the Recorder's Office, Franklin County, Ohio;
 
      Thence northwardly with the easterly line of said Second Amendment (0.838 acre) the following Two (2) courses and distances:
      1.  N 03 deg. 47' 31" E, a distance of 69.13 feet to a point;
 
      2.  N 29 deg. 48' 57" E, a distance of 152.30 feet to a point of curvature;
 
      Thence northwardly, with the easterly line of said Second Amendment (0.838 acre) and with the easterly line of Hartford Village Commons Condominiums Phase II First Amendment (0.705 acre) as the same is designated and delineated upon the recorded plat of record in Condominium Plat Book 167, Page 95, Recorder's Office, Franklin County, Ohio; and with the arc of a curve to the left, having a radius of 161.00 feet, an arc length of 73.13 feet, a central angle of 26 deg. 01' 26" and a chord that bears N 16 deg. 48' 14" E, a chord distance of 72.50 feet to a point of tangency;
 
      Thence northwardly with the easterly line of said First Amendment (0.705 acre) the following Three (3) courses and distances:
      1.  N 03 deg. 46' 58" E, a distance of 97.55 feet to a point of curvature;
      
      2.  Northwardly, with the arc of a curve to the left, having a radius of 161.00 feet, an arc length of 35.31 feet, a central angle of 12 deg. 34' 02" and a chord that bears N 03 deg. 17' 24" W, a distance of 35.24 feet to a point of tangency;
 
      3.  N 09 deg. 34' 25" W, a distance of 84.96 feet to a point of curvature;
      Thence, northwardly, with the easterly line of said First Amendment (0.705 acre) with the easterly line of said Hartford Village Commons Condominiums Phase I (1.908 acres); and with the arc of a curve to the left, having a radius of 161.00 feet, an arc length of 47.50 feet, a central angle of 16 deg. 54' 12" and a chord that bears N 18 deg. 01' 30" W, a chord distance of 47.33 feet to a point of tangency;
 
      Thence N 26 deg. 28' 38" W, with the easterly line of said Hartford Village Commons Condominiums Phase I (1.908 acres), a distance of 2.97 feet to a point of curvature at the southernmost corner of said Third Amendment (0.429 acre);
 
      Thence northeastwardly, eastwardly and northwardly with the easterly line of said Third Amendment (0.429 acre) the following Four (4) courses and distances:
      1.  Northeastwardly, with the arc of a curve to the right, having a radius of 15.00 feet, an arc length of 31.49 feet, a central angle of 120 deg. 16' 07" and a chord that bears N 33 deg. 39' 27" E, a chord distance of 26.02 feet to a point of tangency;
 
      2.  S 86 deg. 12' 29" E, a distance of 11.49 feet to a point;
 
      3.  N 03 deg. 47' 31" E, a distance of 22.00 feet to a point;
 
      4.  N 21 deg. 39' 59" E, a distance of 26.28 feet to the true point of beginning and containing 4.434 acres of land, more or less.
      Subject to all rights-of-way, easement and restrictions, if any, of previous record.
      The bearings given in this description correspond to the bearings S 86 deg. 14' 30" E as given for the centerline of Feder Road and as shown on the Centerline Survey Plat for Interstate Route 70 Sec. 3.41 on file with the Ohio Department of Transportation.
      We hereby state that the foregoing description was prepared from the information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in October of 2004 and in July of 2006.
 
To Rezone From:  L-AR-12, Limited Apartment Residential District,
To:  L-ARLD, Limited Apartment Residential District.
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-ARLD, 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 changes on the said original zoning map and shall register a copy of the approved L-AR-12, 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 text being titled, "LIMITATION TEXT," dated August 1, 2012, and signed by Jeffrey L. Brown, Attorney for the Applicant.
LIMITATION TEXT
PROPOSED DISTRICT:  L-ARLD  
PROPERTY ADDRESS: 1018 Marsala Avenue
OWNER:  Hartford Village Commons, LLC
APPLICANT: Hartford Village Commons, LLC
DATE OF TEXT: 8/1/12
APPLICATION: Z12-035
1.  INTRODUCTION:  The site is located on the south side of Feder Road behind a motel.  The applicant wants to change the type of unit that was originally planned for this development.
2.  PERMITTED USES:  Those uses permitted in Section 3333.02 ARLD of the Columbus City Code.
3.  DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3333 of the Columbus City Code.
A.  Density, Height, Lot and/or Setback Requirements
1.  Maximum number of dwelling units : 72.
B.  Access, Loading, Parking and/or Traffic Related Commitments
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments:  N/A
1.  The developer shall install two (2) shade trees, two (2) evergreen trees, two (2) ornamental trees and six (6) shrubs per building within the complex for landscaping purposes.
2.  Minimum size of shrubs at installation shall be two (2) gallon.
D.  Building Design and/or Interior-Exterior Treatment Commitments
1.  The building materials for the units shall be brick, stone, aluminum and vinyl individually or in any combination.
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1.  Light fixtures shall not exceed 18 feet.
2.  All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure compatibility.
F.  Graphics and Signage Commitments
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G.  Miscellaneous
1.  The developer shall comply with the City's parkland dedication ordinance by making a cash contribution to the City of Columbus at the time of zoning clearance.
2.  Internal sidewalk shall be a minimum of five feet in width.
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.