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File #: 2140-2014    Version:
Type: Ordinance Status: Passed
File created: 9/12/2014 In control: Zoning Committee
On agenda: 10/20/2014 Final action: 10/22/2014
Title: To rezone 4692 KENNY ROAD (43220), being 3.77± acres located on the east side of Kenny Road, 430± feet north of Godown Road, From: M-1, Manufacturing District, To: L-AR-1, Limited Apartment Residential District and to declare an emergency.
Attachments: 1. ORD#2140-2014.Attachments., 2. Notice Of Public Hearing - Council Mtg20141020
Explanation
Rezoning Application Z14-029
APPLICANT:  Preferred Real Estate Investments II, LLC; Jill Tangeman, Attorney; 52 East Gay Street; Columbus, Ohio 43215.
   
PROPOSED USE:  Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 11, 2014.
CITY DEPARTMENTS' RECOMMENDATION: The requested L-AR-1, Limited Apartment Residential District, will allow a 114-unit apartment complex to be developed on 3.77± acres. This proposal is compatible with the surrounding development as recommended by the Northwest Plan (2007). The requested L-AR-1, Limited Apartment Residential District also replaces more intense manufacturing zoning with a residential development that incorporates a specific site plan and development standards that address open space, building materials, and lighting controls. Therefore, Staff recommends approval of the proposed rezoning.
Title
To rezone 4692 KENNY ROAD (43220), being 3.77± acres located on the east side of Kenny Road, 430± feet north of Godown Road, From: M-1, Manufacturing District, To:  L-AR-1, Limited Apartment Residential District and to declare an emergency.
 
Body
WHEREAS, application #Z14-029 is on file with the Department of Building and Zoning Services requesting rezoning of 3.77± acres from M-1, Manufacturing District, to L-AR-1, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because it is compatible with the surrounding development as recommended by the Northwest Plan. The requested L-AR-1, Limited Apartment Residential District also replaces more intense manufacturing zoning with a residential development that incorporates a specific site plan and development standards; 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; 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:
4692 KENNY ROAD (43220), being 3.77± acres located on the east side of Kenny Road, 430± feet north of Godown Road, and being more particularly described as follows:
TRACT I - 010-129792  (0.819 acres)
Being a part of Section 1, Township 1, Range 19, US Military Lands. Beginning at a spike in the centerline of Kenny Road, at the southwest corner of the H. B. Sells Subdivision as recorded in Plat Book 21, Page 8, Recorder's Office, Franklin County, Ohio; thence and with the southerly line of said H. B. Sells Subdivision and with the northerly line of the herein described tract, South 89 degrees 58 ' 11" East (passing an iron pin on line at 20.75 Feet) a distance of 263.91 feet to an iron pin marking the northeasterly corner of the herein described tract;
Thence and with the easterly line of the herein described tract, and along the westerly line of Lot 2 of the said H. B. Sells Subdivision, South 4 degrees 2 ' 12 " East a distance of 125. 15 feet to an iron pin marking the southeast corner of the herein described tract and the southwest corner of the said Lot 2 of H. B. Sells Subdivision;
Thence and with the southerly line of the herein described tract North 89 degrees 58' 11" West a distance of 307.33 feet (passing an iron pin on line 286.58 feet) to a spike in the centerline of Kenny Road, said spike marking the southwest corner of the herein described tract;
Thence and with the centerline of Kenny Road, and with the west line of the herein described tract, North 15 degrees 30 ' East a distance of 129.53 feet to the place of beginning. Containing .819 acres of land more or less.
TRACT II - 010-129789 (2.9530 acres)
Being a part of Section 1, Township I, Range 19, US Military Lands.
Beginning at a point in the centerline of Kenny Road, at the northwest corner of this described tract; thence S. 89 degrees 57 ' E. a distance of 611.2 feet to an iron pin in the west right of way line of the C. & 0. R. R. at the southeast corner of H. B. Sells Subdivision as recorded in Plat Book 21, Page 8, Recorder's Office, Franklin County, Ohio, (passing an iron pin in the east line of Kenny Road at 31.12 feet); thence S. 14 degrees 32 ' E. along the west right of way line of the C. & 0. R.R. a distance of 188.42 feet to an iron pin; thence S. 88 degrees 11 ' W. a distance of 715.85 feet to a point in the centerline of Kenny Road (passing an iron pin in the east line of Kenny Road at 684.43 feet); thence N. 15 degrees 30 ' E. along the centerline of Kenny Road a distance of 213.33 feet to the place of beginning. Containing 2.953 acres of land more or less.
To Rezone From: M-1, Manufacturing District
To: L-AR-1, Limited Apartment Residential District
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-AR-1, 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-1, 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 plan titled, "SITE PLAN," and said text titled, "LIMITATION OVERLAY TEXT," both signed by Jill S. Tangeman, Attorney for the Applicant, dated September 16, 2014, and reading as follows:
Limitation Overlay Text
Proposed District:      L-AR-1
Property Address:      4692 Kenny Road
Owners:            William C. Brunk
Applicant:            Preferred Real Estate Investments II LLC
Date of Text:            September 16, 2014
Application No:      Z14-029
1. Introduction:  The subject site is 3.772 +/- acres located on Kenny Road south of Bethel Road.  To the north and south is existing industrial land; to the east are railroad tracks; and to the west across Kenny Road is property zoned R2F.  The site is currently zoned M1.  The applicant is seeking to rezone the site to L-AR-1 to allow for the construction of a multi-family apartment project.  The site is ideal for this type of zoning because the multi-family project will help buffer the existing residential developments in the area from nearby manufacturing uses.  The multi-family project will have little impact on existing roadways, and support services, leisure activities and working environments are nearby
2. Permitted Uses:  Multi-family uses as shown on the "Site Plan" attached hereto as Exhibit A.
3. Development Standards:
A. Density, Lot, and/or Setback Commitments.
1.      The maximum number of dwelling units shall be 114.
2.      The parking and building setback shall be five feet on the north and south.  A council variance application (CV14-032) has been filed along with the rezoning application for the reduced perimeter yard setback on the north, east and south.
3.      Maximum building height shall be 35'.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1.      All curb cuts and access points shall be subject to the review and approval of the Public Service Department for the City of Columbus.
2.      There shall be an internal pedestrian pathway network constructed. This pathway network shall be 4 feet in width and shall connect to a sidewalk to be constructed on Kenny Road, which sidewalk shall be a minimum of 5 feet in width.
3.      Required bicycle parking shall be distributed throughout the site to provide convenient access to each proposed building and shall be as close as possible to each primary building entrance.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1.      N/A
D. Building Design and/or Interior-Exterior Commitments.
1.      Maximum height of light poles shall be eighteen feet.
2.      All external lighting (parking and wall-mounted) shall be cut-off fixtures (down lighting) and shall be designed to prevent offsite spillage.  
3.      Lights shall be of the same or similar type and color.
4.      Buildings will be constructed with an exterior mixture of (i) brick and/or stone veneer, and (ii) cementitious wood and/or vinyl siding.  
 
E. Graphics and/or Signage Commitments.
1.      All graphics and signage shall comply with Article 15, Chapter 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
     
F. Miscellaneous
1.      The developer shall comply with the park land dedication ordinance by contributing money to the City's Recreation and Parks Department.
2.      The site shall be developed in general conformance with the submitted site plan.  The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed.    Any minor adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the 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.  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.