Explanation
Rezoning Application: Z23-032A
APPLICANT: Metro Development, LLC; c/o Jeffery L. Brown, Atty.; Smith and Hale, LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 14, 2024.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 25.80± acre site consists of three parcels developed with agricultural uses and a single-unit dwelling in the L-AR-1, Limited Apartment Residential District and R, Rural District. Ordinance #0126-2025, passed January 27, 2025 (Z23-032), rezoned the majority of the site, 22.30± acres, from R, Rural District to L-AR-1, Limited Apartment Residential District. The balance of the site, 3.50± acres located directly south of the original site, was proposed to be included in that ordinance, but annexation was delayed, and the ordinance was approved with that portion omitted. This proposed L-AR-1, Limited Apartment Residential District will allow an apartment complex consisting of a maximum of 504 units (19.54 dwelling units per acre) to be developed in accordance with the submitted site plan and building elevations on the full 25.80± acre site. The South East Land Use Plan (2018), recommends “Employment Center” land uses at this location. While multi-unit residential development is inconsistent with the recommended land use, staff notes the site's adjacency to areas recommended for residential uses and proximity to emerging employment uses to the east along Winchester Pike as factors for supporting this proposed L-AR-1, Limited Apartment Residential District. Additionally, the proposal meets the City’s objective of providing more housing within all neighborhoods. A concurrent Council variance (Ordinance #0475-2025; CV23-050A) has been filed to increase the maximum height of detached private garages.
Title
To rezone 5656 BIXBY RD. (43110), 25.80± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, From: R, Rural District and L-AR-1, Limited Apartment Residential District, To: L-AR-1, Limited Apartment Residential District and to declare an emergency (Rezoning #Z23-032A).
Body
WHEREAS, application #Z23-032A is on file with the Department of Building and Zoning Services requesting rezoning of 25.80± acres from R, Rural District and L-AR-1, Limited Apartment Residential District, to the L-AR-1, Limited Apartment Residential District; and
WHEREAS, the Greater South East 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 approval of the zoning change because the requested L-AR-1, Limited Apartment Residential District will allow for an apartment complex that is consistent with the emerging residential development pattern in the area. Staff also notes that proposal meets the objective to provide more housing in all areas of the city; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need for an annexation, for a portion of this delayed the applicant from starting this development. The applicant is requesting that this ordinance be passed as an emergency so that the applicant can begin construction on more than 500 affordable housing units 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:
5656 BIXBY RD. (43110), 25.80± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 25.8+/- acres of land, more or less, said 25.8+/- acres being part of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019, all of a 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being part of a tract of land described a Parcel 54-WD as shown on FRA-33-(26.21-30.13), said 25.8+/- acres more particularly described as follows:
Beginning for Reference, at the southwesterly corner of Section 14, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15 and being in the right-of-way Bixby Road and U.S. Rt. 33 (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13);
Thence N 04° 24’ 22” E, along the westerly line of said Section 14, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7 feet+/- to a point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southwesterly corner of said 22.285 acre tract and being at a southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, the True Point of Beginning;
Thence along the common lines of said 22.285 acre tract and said Original 106.059 acre tract, the following two (2) courses;
N 04° 24’ 22” E, 725.3 feet+/- to an angle point;
S 85° 35’ 38” E, 1308.0 feet+/- to an angle point at a common corner thereof and being in the westerly line of a 43.318 acre tract of land described as Parcel 2 and conveyed to Cobelton Bachman, LLC of record in Instrument Number 200303050066174;
Thence S 04° 24’ 22” W, along the easterly line of said 22.285 acre tract and said Parcel 54-WD and along the westerly line of said Parcel 2 and a tract of land described as Parcel 62-A as shown on the O.D.O.T. plans FRA-33-(26.21-30.13), 1016.8 feet+/- to an angle point;
Thence across said Parcel 54-WD and said Original 33.32 acre tract and along the common line of said 22.285 acre tract and said Parcel 54-WD, the following six (6) courses;
N 86° 11’ 32” W, 454.3 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7 feet+/- to a point;
S 70° 37’ 50” W, 81.1 feet+/- to an angle point;
S 85° 43’ 43” W, 385.7 feet+/- to an angle point;
N 43° 29’ 05” W, 66.6 feet+/- to the True Point of Beginning. Containing 25.8+/- acres.
The above description was prepared by Advanced Civil Design Inc. on December 12, 2023 and is based on information obtained from the Franklin County Auditor’s and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
To Rezone From: R, Rural District and L-AR-1, Limited Apartment Residential 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 change on the said official 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 site plan titled, “PRIMROSE PLACE,” and said building elevation titled, “ARCHITECTURAL ELEVATIONS both dated December 30, 2024, and signed by Jeffery L. Brown, Attorney for the Applicant, and said text titled, “LIMITATION TEXT,” dated December 30, 2024, and signed by Jeffery L. Brown, Attorney for the Applicant, and the text reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-AR-1, Limited Apartment District
PROPERTY ADDRESS: 5656 Bixby Road
OWNER: Michael P. Barr
APPLICANT: Metro Development LLC
DATE OF TEXT: 12/30/2024
APPLICATION NUMBER: Z23-032A
1. INTRODUCTION: The site is on the north side of Bixby Road adjacent to US 33. To the north and east is agricultural ground; to the south is right of way acquired for a future interchange and to the west is US 33.
2. PERMITTED USES: Those uses permitted in Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or drawings the applicable development standards are contained in Chapter 3333 of the Columbus City Code
A. Density, Lot, and/or Setback Commitments.
1. The maximum number of dwelling units shall be 504.
2. The height of the garages has increased from 15 to 16 feet (see CV23-050A).
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. The applicant shall install a 285 foot (including the 50-foot taper) eastbound left turn lane on Bixby Road at the proposed site access.
2. The applicant shall construct a 345 foot (including the 50-foot taper) westbound right turn lane at the intersection of US-33 and Bixby Road.
3. The applicant shall be responsible for a contribution to the Franklin County Engineer’s Office toward a northbound right turn lane at the intersection of Winchester Pike and Bixby Road.
4. Outside of any requirements from the TIS, the developer is responsible to bring the north side of Bixby Road along the development’s frontage up to current County standards of an 11’ travel lane and 5’ paved shoulder.
5. Upon initial development of this site, direct access to Bixby Road is anticipated. However, upon initiation of construction of an interchange at the intersection of US-33 and Bixby Road and the establishment, either by the Ohio Department of Transportation as part of the interchange project or by another means, of alternative access availability by means of a connection through the property to the east, direct access to Bixby Road shall be removed and access to this site shall be taken only by means of the alternative available access connection depicted as “Future Access” on the Illustrative Site Plan dated 12/30/2024.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
N/A
D. Building Design and/or Interior-Exterior Treatment Commitments.
The buildings shall be constructed in accordance with the submitted building elevations. The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development plan and when engineering and architectural drawings are completed. Any slight adjustments to the building elevations shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding proposed adjustment.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
N/A
F. Graphics and/or Signage Commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the AR-1 zoning classification and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
Site Plan Revision Allowance. The Property shall be developed in accordance with the Site Plan; however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department Building and Zoning Services or the Director’s designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is contingent upon the City Council passage of Ordinance #0465-2025 (AN24-009) which proposes annexation of the 3.50± acre tract included in the subject site.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. 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.