Explanation
Rezoning Application Z11-007
APPLICANT: Northstar Realty and Edwards Development Companies; c/o Michael T. Shannon, Atty.; Crabbe, Brown & James LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Commercial and multi-unit dwellings.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on June 9, 2011.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval.Approval The rezoning to the C-4, Commercial District along Olentangy River Road represents a down zoning of the site from the M, Manufacturing District. The requested L-AR-O, Limited Apartment Residential District is laid out so that the proposed parking will provide some buffering between the dwelling units and the fire station and Railroad. The introduction of dwellings at the site that will be in close proximity to existing restaurants and offices provides for a mix of uses within walking distance. The proposal is consistent with the Fifth by Northwest Neighborhood Plan (2009), zoning and development patterns of the area. , however due to the Division of Planning and Operations' recommendation of disapproval for the needed setback variances along Third Avenue, this site plan cannot be built unless Council approves the concurrent Council variance request over the Public Service Division's objections. Staff would suggest the applicant continue working with the Division of Planning and Operations to revise the proposed site plan to either reduce or eliminate the need for setback variances along Third Avenue, at which time Staff will reconsider our position.
Title
To rezone 700 WEST THIRD AVENUE (43212), being 7.7± acres located on the north side of West Third Avenue, 200± feet west of Olentangy River Road, From: M, Manufacturing District, To: C-4, Commercial and L-AR-O, Limited Apartment Office District (Rezoning # Z11-007).
Body
WHEREAS, application #Z11-007 is on file with the Department of Building and Zoning Service requesting rezoning of 7.7± acres from M, Manufacturing District, to : C-4, Commercial and L-AR-O, Limited Apartment Office District; and
WHEREAS, the Fifth by Northwest 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 disapproval of said zoning change because rezoning to the C-4, Commercial District along Olentangy River Road represents a down zoning of the site from the M, Manufacturing District. The requested L-AR-O, Limited Apartment Residential District is laid out so that the proposed parking will provide some buffering between the dwelling units and the fire station and Railroad. The introduction of dwellings at the site that will be in close proximity to existing restaurants and offices provides for a mix of uses within walking distance. The proposal is consistent with the Fifth by Northwest Neighborhood Plan (2009), zoning and development patterns of the area, however due to the Division of Planning and Operations' recommendation of disapproval for the needed setback variances along Third Avenue, this site plan cannot be built unless Council approves the concurrent Council variance request over the Public Service Division's objections. Staff would suggest the applicant continue working with the Division of Planning and Operations to revise the proposed site plan to either reduce or eliminate the need for setback variances along Third Avenue, at which time Staff will reconsider our position, 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:
700 WEST THIRD AVENUE (43212), being 7.7± acres located on the north side of West Third Avenue, 200± feet west of Olentangy River Road, and being more particularly described as follows:
2.586 Acres
Sub-Parcel A
Situated in the State of Ohio, County of Franklin, City of Columbus, lying is Section 6, Township 5, Range 22, Refugee Lands, being part of Lot Number 8 of William Neil's Heirs Land, of record in Plat Book 3, Page 168, being all of the 2.588 acre tract conveyed to Robert S. Lyon by deed of record in Instrument Number 200701090004639 (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 a 1 inch solid iron pin found in a Monument Box at the intersection of the centerline of Third Avenue, as dedicated in "Dedication of 3rd Ave. & Perry St." of record in Plat Book 4, Page 164, and the northerly centerline of Olentangy River Road (100 feet wide);
Thence North 86° 24' 25" West, a distance of 476.18 feet, with the centerline of said Third Avenue (width varies), to a point;
Thence North 03° 35' 35" East, a distance of 30.00 feet, across said Third Avenue, to a railroad spike found in the northerly right-of-way line of said Third Avenue, at the common corner of said 2.588 acre tract and the tract conveyed as Parcel No. 4 to National Rx Services, Inc. by deed of record in Official Record 21176D13, the TRUE POINT OF BEGINNING;
Thence North 09° 24' 37" West, a distance of 319.23 feet, with the line common to said 2.588 acre tract and said Parcel No. 4, to a railroad spike found at the common corner of said 2.588 acre tract, said Parcel No. 4, the tract conveyed as Parcel No. 3 to National Rx Services, Inc. by deed of record in Official Record 21176D13 and the 0.244 acre tract conveyed as Tract Two to 1245 Properties, LLC by deed of record in Instrument Number 200606010106116;
Thence North 80° 35' 23" East, a distance of 25.00 feet, with the line common to said 2.588 acre tract and said 0.244 acre tract, to a ¾ inch iron pipe capped "EDG" found at the common corner of said 0.244 acre tract and the 2.220 acre tract conveyed as Tract One to 1245 Properties, LLC by deed of record in Instrument Number 200606010106116;
Thence South 86° 10' 54" East, a distance of 399.63 feet, with the line common to said 2.588 and 2.220 acre tracts, to an iron pin set in the westerly right-of-way line of said Olentangy River Road at the common corner of said 2.588 and 2.220 acre tracts, in the westerly line of the tract conveyed to the City of Columbus Ohio by deed of record in Deed Book 965, Page 511;
Thence with a curve to the right, having a central angle of 13° 40' 27", a radius of 840.00 feet, an arc length of 200.48 feet, and a chord that bears south 13° 48' 13" East, a chord distance of 200.00 feet, with said westerly right-of-way line, the line common to said 2.588 acre tract and said City of Columbus tract, to the common corner of said 2.588 acre tract and the 0.574 acre tract conveyed to CAB Holding Company, LLC by deed of record in Instrument Number 200305020129017, referenced by a ¾ inch iron pipe found (0.44 feet South);
Thence with the line common to said 2.588 and 0.574 acre tracts, the following courses and distances:
North 86° 24' 25" West, a distance of 200.00 feet, to a point referenced by a ¾ inch solid iron pin found (0.42 feet South);
South 02° 41' 58" East, a distance of 125.00 feet, to a railroad spike found in said northerly right-of-way line;
Thence North 86° 24' 25" West, a distance of 225.66 feet, with said northerly right-of-way line, the southerly line of said 2.588 acre tract (passing a ¾ inch iron pipe found at 199.94 feet), to the TRUE POINT OF BEGINNING and containing 2.586 acres, more or less, of which 2.401 acres in all of Parcel Number 010-061836 and 0.185 acre is all of Parcel Number 010-061837.
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 herein are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 adjusted). Control for bearings was from coordinates of monuments 5-83 & 4-83, having a bearing of North 00° 22' 10" West, for the west limited access right-of-way line of said Olentangy River Road, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
To Rezone From: M, Manufacturing, District
To: C-4, Commercial District
5.10 Acres
SubArea B
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 6, Township 5, Range 22, Refugee Lands, being out of Lot 8 of the "William Neil's Heirs Land" of record in Plat Book 3, Page 168, being all of that 4.786 acre tract conveyed to Olentangy Ventures I, LLC by deed of record in Instrument Number 200808270130296 and part of that tract conveyed to The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., by deed of record in Deed Book 924, Page 338 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Olentangy River Road (100') and Third Avenue (width varies) as shown on that plat entitled "Dedication of Third Avenue and Perry Street" of record in Plat Book 4, Page 164;
thence North 86° 24' 25" West, with the centerline of said Third Avenue, a distance of 250.36 feet to a point;
thence North 03° 35' 35" East, across the right-of-way line of said Third Avenue, a distance of 29.53 feet to a point at a southwesterly corner of that 0.574 acre tract conveyed to CAB Holding Company, LLC by deed of record in Instrument Number 200305020129017, a southeasterly corner of that 2.558 acre tract conveyed to Olentangy Ventures II, LLC by deed of records in Instrument Number 200808150125134, being in the northerly right-of-way line of said Third Avenue;
thence North 86° 24' 25" West, with the southerly line of said 2.588 acre tract, the northerly right-of-way line of said Third Avenue, a distance of 225.66 feet to a point at a southwesterly corner of said 2.588 acre tract, a southeasterly corner of said 7.786 acre tract, being the TRUE POINT OF BEGINNING;
thence North 86° 24' 25" West, with the northerly right-of-way line of said Third Avenue, a distance of 343.88 feet to a point;
thence North 86° 22' 04" West, continuing with said northerly right-of-way line, a distance of 60.84 feet to a point in the southerly line of said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc.;
thence North 11° 25' 33" West, across said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., tract, a distance of 528.54 feet to a point;
thence North 79° 19' 42" East, continuing across said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., tract, a distance of 25.46 feet to a point in the westerly line of said 4.786 acre tract;
thence North 11° 26' 57" West, with the westerly line of said 4.786 acre tract, a distance of 166.86 feet to a oin tin the westerly line of that 0.575 acre tract conveyed as Tract 2 to 1299 Olentangy, LLC by deed of record in Instrument Number 199809240243099; thence South 55° 56' 33" East, with the easterly line of said Parcel 2, the westerly line of said 0.575 acre tract and the westerly line of Tract 3 as conveyed to 1299 Olentangy, LLC by deed of record in Instrument Number 199809240243099, a distance of 501.19 feet to a point in the westerly line of said 0.244 acre tract conveyed as Tract Two to Cole FM Grandview OH, LLC by deed of record in Instrument Number 201009290127440;
thence with the easterly line of said 4.786 acre tract, and the westerly line of said 0.244 acre tract, with the arc of said curve to the left, having a central angle of 26° 54' 39", a radius of 50.00 feet, an arc length of 23.49 feet, a chord bearing and distance of South 20° 05' 20" East, 23.27 feet to a point;
thence South 33° 31' 21" East, with the easterly line of said 4.786 acre tract, the westerly line of said 0.244 acre tract, a distance of 18.80 feet to a point of curvature to the right;
thence continuing with the easterly line of said 4.786 acre tract, with the arc of said curve to the right, having a central angle of 24° 04' 18", a radius of 202.51 feet, an arc length of 85.08 feet, a chord bearing and distance of South 21° 29' 12" East, 84.46 feet to a point at a northeasterly corner of said 0.244 acre tract;
thence South 09° 24' 37" East, with the easterly line of said 4.786 acre tract, the westerly line of said 2.588 acre tract, a distance of 319.23 feet to the TRUE POINT OF BEGINNING, and containing 5.10 acres of land more or less.
To Rezone From: M, Manufacturing, District
To: L-AR-O, Limited Apartment Office District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the C-4, Commercial and L-AR-O, Limited Apartment Office Districts on this property.
SECTION 3. That the Director of the Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved C-4, Commercial District and the L-AR-O, Limited Apartment Office 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 plans being titled, "OLENTANGY RIVER ROAD AND THIRD AVENUE PRELIMINARY SITE PLAN," signed by Michael T. Shannon, Attorney for the Applicant, dated June 22, 2011, and text titled, "REZONING APPLICATION," signed by Michael T. Shannon, Attorney for the Applicant, dated June 9, 2011, and the text reading as follows:
Rezoning Application
To: Rezone: 1201 Olentangy River Road, 43212 (2.586 acres)
from M -Manufacturing to C4
To Rezone: 700 West Third Avenue, 43212 (4.786 acres)
From M to L-AR-O
Existing Zoning District: M Total site area (7.327 acres)
Proposed Districts: C4 and L-ARO
Property Address: 700 West Third Ave, 43212 and 1201 Olentangy River Rd, 43212
Owner: Olentangy Ventures I and II, 150 E. Broad St., Ste. 100, Columbus, Ohio 43215
Applicant: North Star Realty and the Edwards Company,
c/o CRABBE, BROWN & JAMES, LLP, Michael T. Shannon, Esq.,
John P. Kennedy, Esq, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215
Date of Text: June 9, 2011
Application No: Z11-007
INTRODUCTION: The subject property consists of 7.37 acres on the Northwest Corner of Olentangy River Road and West Third Street. The Site is currently zoned M (Manufacturing). The Applicant is proposing a mixed-use development within two-proposed Sub-Areas. Sub-Area A, 1201 Olentangy River Road, being 2.586 acres is proposed to be rezoned to C-4. Sub-Area B, 700 West Third Street being 4.786 acres is proposed to be zoned in the L-AR-O Limited Apartment Residential Office District.
The Site is within the boundaries of the Fifth by Northwest Neighborhood Plan.
The Site is surrounded by the following uses/zoning districts:
North: The Site is bordered on the north by a variety of retail and office uses all zoned M,
Manufacturing District.
East: The Site is bordered on the east by railroad tracks and parcels zoned in the M,
Manufacturing District.
South: To the Southwest and contiguous to the Site is a corner lot zoned M previously
occupied by a bank, and subsequently retail-restaurant uses. The property to the
South of West Third Street is zoned CPD and has medical and office uses.
West: The site is bounded on the West by Olentangy River Road and the Olentangy River.
Sub-Area A ( 2.586 acres)
The permitted uses and development standards are those permitted in Chapter 3356-C4,
Regional Scale Commercial District of the Columbus City Codes.
Sub-Area B (4.786 Acres)
1. Permitted Use: The following specific uses shall be permitted, all uses specified in C.C.C. §3330.04 AR-O.
395668
2. Development Standards: the applicable development standards shall be those contained in Chapter 3333 (Apartment Districts) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments
1. The maximum number of dwelling units shall be 196
2. The building setback line for accessory structures from West Third Avenue shall be a minimum of 12 ft. 3 inches. The parking setback line from West Third Avenue shall be a minimum of 11 ft. 3 inches.
2. The building and parking setback lines shall be as required by the Zoning Code except as
Modified by Council passage of Ordinance 1068-2011 (Council Variance CV11-013)
3. The apartment buildings shall contain a maximum of four (4) stories.
B. Access, Loading, Parking and Other Traffic Related Commitments
1. Any and all traffic related commitments shall be designated and located to the specifications of the City of Columbus Planning and Operations Division.
2. The developments internal sidewalk shall be a minimum of 4 feet wide.
C. Buffering, Landscaping and/or Screening Commitments
1. A decorative 6 ft. white vinyl fence and landscaping will be placed on the western perimeter to buffer the site to the west
2. COURTYARDS: there will be two separate landscaped courtyards totaling 16,000 square feet of greenspace as depicted on the attached site plan.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. The exterior wall finish of all buildings constructed on Site shall be brick, stone, cultured stone,
Metal, stucco, wood and/or fiber cement siding, vinyl siding or any combination.
2. All buildings containing residential units shall have a pitched or angled roof.
3. Rooftop mechanical equipment shall be screened from view by the same or similar material used on the building roof or exterior, and shall be of the same or similar material. Ground level mechanicals and equipment shall be fully screened from view by a wall, fence or landscape materials, or a combination thereof. Such screening shall match or compliment the character of the building.
E Graphics
All graphics and signage shall comply with the Columbus City 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.
F Miscellaneous Commitments.
1. Developer shall comply with Parkland Dedication provisions of C.C.C. Chapter 3318. Such compliance shall be in the form of land dedication and/or a monetary contribution, the details of which shall be reviewed and approved by the Recreation and Parks Department.
2. CLUBHOUSE: The development shall include a 4,000 square foot Clubhouse as depicted on the attached Site Plan. The Clubhouse shall include a leasing office, fitness center, theater, lounge, gathering space and a business center.
3. Applicant shall provide a pedestrian access path at the southwest former of this sub-area.
4. The garages that front on West Third Avenue shall have shutters. The landscaping fronting West Third Avenue shall consists of street trees, planting beds, bushes and hedges.
5. The Site in sub-area B shall be developed in accordance with the submitted Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site development data developed at the time the development and engineering plans are completed. Any slight adjustment to the plan shall be subject to review and approval by the Director of Building Services or his or her designee upon submission of appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.