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File #: 0716-2014    Version:
Type: Ordinance Status: Passed
File created: 3/17/2014 In control: Zoning Committee
On agenda: 4/28/2014 Final action: 5/1/2014
Title: To rezone 5400 STRAWBERRY FARMS BOULEVARD (43230), being 10.5± acres located at the southeast corner of Strawberry Farms Boulevard and East Dublin-Granville Road, From: C-2 and C-5, Commercial, and R, Rural Districts, To: L-AR-1, Limited Apartment Residential District and to declare an emergency (Rezoning # Z13-050).
Attachments: 1. ORD0716-2014Attachments, 2. Notice Of Public Hearing - Council Mtg20140428
Explanation
REZONING APPLICATION # Z13-050
APPLICANT:  Forest Edge Assembly of God; c/o Jeffrey L. Brown, Atty.; Smith & Hale, LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE:  Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on February 13, 2014.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-AR1, Limited Apartment Residential District will allow a multi-unit residential development of 204 units. The limitation text commits to a site plan and elevation drawings, and provides development standards for total number of units, setbacks, street trees, landscaping, buffering, tree preservation, building height, and building materials.  The site is located within the boundaries of the Northland I Plan (2014), but the Northland Plan Volume I (2001) was the plan in effect during the review of this request. While there was no specific land use recommendation for the area in the 2001 plan, it did encourage new development to be sensitive to density, buffering, traffic and circulation patterns, architectural details of the surrounding area, and infill developments that are compatible with their surroundings.  Although the Planning Division prefers a lower density, the Zoning Staff recognizes this proposal as being consistent with the recommendations of the Northland Plan Volume I (2001) and the recently-adopted update.  The presence of commercial zoning in the neighborhood, the existing commercial zoning of the subject site, the higher-density apartment complex along SR 161 to the north in Blendon Township, the site's frontage along a major arterial, and lack of tree preservation commitments in the existing zoning districts are all factors that have been taken into consideration in evaluating the appropriateness of this proposal.
 
 
Title
To rezone 5400 STRAWBERRY FARMS BOULEVARD (43230), being 10.5± acres located at the southeast corner of Strawberry Farms Boulevard and East Dublin-Granville Road, From:  C-2 and C-5, Commercial, and R, Rural Districts, To:  L-AR-1, Limited Apartment Residential District and to declare an emergency (Rezoning # Z13-050).
 
Body
WHEREAS, application #Z13-050 is on file with the Building Services Division of the Department of Development requesting rezoning of 10.55± acres from C-2 and C-5, Commercial, and R, Rural Districts, to L-AR-1, Limited Apartment Residential District; and
WHEREAS, the Columbus Public Health Healthy Places program recognizes that the development has included five-foot wide sidewalks in a connected network 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 Zoning Staff recognizes the requested L-AR-1, Limited Apartment Residential District as being consistent with the recommendations of the Northland Plan Volume I (2001) and the recently-adopted update, and the proposal includes development standards in consideration of the adjacent residential development.  The presence of commercial zoning in the neighborhood, the existing commercial zoning of the subject site, the higher-density apartment complex along SR 161 to the north in Blendon Township, the site's frontage along a major arterial, and lack of tree preservation commitments in the existing zoning districts are all factors that have been taken into consideration in evaluating the appropriateness of this proposal;
 
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:
5400 STRAWBERRY FARMS BOULEVARD (43230), being 10.5± acres located at the southeast corner of Strawberry Farms Boulevard and East Dublin-Granville Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 17, United States Military District, and being all of that 6.973 acre tract conveyed to Forest Edge Assembly of God of record in Official Record 5639G20 and all the residuum of that 5 acre tract conveyed to Forest Edge Assembly of God of record in Official Record 6016D02 (See Ord. No. 1055-80, Deed Book 3177, Page 510, Deed Book 3787, Page 609 and Deed Book 3787, Page 611 for transfer and vacation of Service Road B), and described as follows:
Beginning at an iron pin set at the northwest corner of Forest Edge Section 1 as recorded in Plat Book 53, Page 61, the same being the current northeast corner of said 5 acre tract and at an angle point in the south limited access right-of-way line for Dublin-Granville Road/SR161 (See Plat Book 35, Page 117 and Plat Book 43, Page 45, and ODOT plans FRA-270-20.40N, FRA-161-13.45 and FRA-161-(14.44-16.88)), said angle point being the southeast corner of Parcel 122-WL as shown in the deed to State of Ohio of record in Deed Book 3103, Page 31, the same being the southwest corner of Parcel No. 109-WL as shown in the deed to the State of Ohio of record in Deed Book 2925, Page 595;
Thence S 05° 17' 13" W, along the original east line of said 5 acre tract, the same being the west line of said subdivision, 521.42 feet to a 5/8" iron rod capped Patridge found at the current southeast corner of said 5 acre tract, the same being the northeast corner of Parcel 5 as shown in the deed to TMB Investments, Ltd. of record in Instrument Number 199811050284761;
Thence N 85° 15' 48" W, along the north line of said Parcel 5 and the north lines of Parcels 4 and 3 as shown in said deed to TMB Investments, and the north lines of those 0.166 acre tracts conveyed to Chuck Ross, Tr. of record in Instrument Number 200211200297272 and Matthew Calhoun and Dustin P. Calhoun of record in Instrument Number 200608210165359, the same being the current south line of said 5 acre tract, 301.36 feet to a 3/4" iron pipe capped 6919 found at the current southwest corner of said 5 acre tract, the same being the northwest corner of said Calhoun 0.166 acre tract, in the east line of said 6.973 acre tract;
Thence S 05° 17' 13" W, along the east line of said 6.973 acre tract, the same being the west line of said Calhoun 0.166 acre tract, 120.14 feet to a 3/4" iron pipe found at a common corner thereof, in the north right-of-way line for Forest Edge Drive as recorded in Plat Book 53, Page 61;
Thence N 85° 15' 48" W, along a south line of said 6.973 acre tract, the same being said north right-of-way line per Plat Book 53, Page 61 and Plat Book 49, page 23, 7.39 feet to an iron pin set;
Thence along the south and west perimeter of said 6.973 acre tract, the same being the north right-of-way line for said Forest Edge Drive and the east right-of-way line for Strawberry Farms Boulevard per Plat Book 49, Page 23, the following courses;
With a curve to the left, having a central angle 21° 22' 40", a radius of 530.00 feet and an arc length of 197.75 feet, a chord bearing and chord distance of S 84° 02' 52" W, 196.60 feet to an iron pin set;
S 73° 21' 32" W, 224.04 feet to an iron pin set;
With a curve to the right, having a central angle 90° 00' 00", a radius of 20.00 feet and an arc length of 31.42 feet, a chord bearing and chord distance of N 61° 38' 28" W, 28.28 feet to 3/4" iron pipe found bent;
N 16° 38' 28" W, 517.53 feet to a 3/4" iron pipe found bent at the northwest corner of said 6.973 acre tract, the same being the north terminus of the east right-of-way line for said Strawberry Farms Boulevard, in the south limited access right-of-way line for said Dublin-Granville Road and being a south line of Parcel 123A-WL as shown in the deed to State of Ohio of record in Deed Book 3129, Page 1;
Thence along said south limited access right-of-way line and the south line of said Parcels 123A-WL and 122-WL, the same being the north line of said 6.973 acre tract and the current north line of said 5 acre tract, the following courses;
N 75° 08' 30" E, 98.57 feet to an iron pin set;
N 73° 54' 43" E, 466.13 feet to an iron pin set;
N 80° 10' 44" E, 183.37 feet to an iron pin set;
N 89° 16' 26" E, 226.30 feet to the Point of Beginning.
 
Containing 10.476 acres, more or less.
 
Subject, however, to all legal highways, easements, and restrictions. The above description was prepared by Advanced Civil Design, Inc. on August 16, 2013 and is based on existing records and an actual field survey performed in August 2013. A drawing of the above description has been prepared and is a part hereof.
Iron pins set are 3/4" diameter iron pipe, 30" long and capped Advanced 7661.
Bearings are based on the Ohio State Plane Coordinate System NAD83, CORS96. A bearing of N16°38'28"W was held for the centerline of Strawberry Farms Boulevard between Forest Edge Drive and Dublin-Granville Road.
All references used in this description can be found at the Recorder's Office, Franklin County, Ohio, unless noted otherwise.
 
To Rezone From:  C-2 and C-5, Commercial, and R, Rural Districts,
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 plans being titled, "DEVELOPMENT PLAN," "LANDSCAPE BUFFER PLAN," "ARCHITECTURAL CHARACTER," and "SITE AMENITIES," and text being titled, "LIMITATION TEXT," all dated March 11, 2014, and signed by Jeffrey L. Brown, Attorney for the Applicant.
LIMITATION TEXT
PROPOSED DISTRICTS:  L-AR-1
PROPERTY ADDRESS:   5400 Strawberry Farms Blvd.                   
OWNER:  Forest Edge Assembly of God
APPLICANT:  Forest Edge Assembly of God
DATE OF TEXT: 3/11/14
APPLICATION:  Z13-05
1.  INTRODUCTION:  This site is located at the southeast corner of East Dublin-Granville Road and Strawberry Farms Blvd.  Most of the site was rezoned in 1973 for C-2 and C-5 Commercial uses with the balance of the site annexed and zoned R, Rural.  The site is developed with a church.  The property owner wants to establish a residential use on the property which is compatible with the area.
2.  PERMITTED USES:  Those uses permitted in Chapter 3333.02 AR-12. ARLD and AR-1 Apartment Residential District use of the Columbus City Code.  
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated the applicable development standards are contained in Chapter 3333 Apartment Districts of the Columbus City Code.
A.  Density, Height, Lot and/or Setback Requirements
1.  The parking and building setback from East Dublin-Granville Road shall be fifty (50) feet.  
 
2.  The maximum number of dwelling units shall be 204.
B.  Access, Loading, Parking and/or Traffic Related Commitments
1.  Access to the site shall be a right-in/right-out on Strawberry Farms Blvd. and a full service curbcut on Forest Edge Drive.  These access points may be altered subject to the review and approval of City's Division of Planning and Operations.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
1.  Street trees shall be planted evenly spaced along East Dublin-Granville Road, Strawberry Farms Blvd. and Forest Edge Drive at a ratio of one tree per forty (40) feet of footage.  
 
2.  The existing tree area (which is a minimum of 40 feet in width) along East Dublin-Granville Road (as shown on the submitted drawing titled "Development Plan") shall be maintained in its natural state subject to the removal of dead and diseased trees and shrubbery. At the time of construction a snow fence shall be installed along the interior preservation line and shall be maintained there until the adjacent buildings are constructed.
 
3.  The 25 foot wide perimeter yard behind the houses on Trillion Court and Forest Edge Drive shall be landscaped in accordance with the drawing titled "Landscape Buffer Plan."  
 
D.  Building Design and/or Interior-Exterior Treatment Commitments
1.  Building Elevation.  The buildings shall be developed in accordance with the drawing titled "Architectural Character".  The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed.  Any slight adjustment of the building elevations shall be subject to review and may be approved by the Director of the Department of Building and Zoning Services, or designee, upon submission of the appropriate data regarding the proposed adjustment.
 
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1.  The proposed parking lot lighting fixture is shown on the drawing titled "Site Amenities".
F.  Graphics and Signage Commitments
1.  The applicant proposes three signs for the overall development; one on each street frontage.  The location of the signs are shown on the drawing titled "Development Plan".  The type of sign for site is shown on the drawing titled "Site Amenities".
 
2.  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 Apartment Residential District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G.  Miscellaneous
1.  Site Plan.  The subject site shall be developed in accordance with the drawing titled "Development Plan".  The Development Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed.  Any slight adjustments of the Development Plan shall be subject to review and may be approved by the Director of the Department of Building and Zoning Services, or designee, upon submission of the appropriate data regarding the proposed adjustment.
2.  The applicant shall comply with the City's parkland dedication ordinance.
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.