Explanation
Rezoning Application Z04-018
APPLICANT: Homewood Corporation; c/o Todd H. Neuman, Atty.; 2733 West Dublin-Granville Road;
Columbus, OH 43235.
PROPOSED USE: Single-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 12, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the PUD-4, Planned Unit Development District to develop a 258 lot subdivision. The request is consistent with the zoning and development trend in this high growth area. With the proposed 3 units per acre density, 200' building setback from Lehman Road, and 37% open space, the request meets the hamlet open space subdivision recommendation of the Southeast Area Plan (2000).
Title
To rezone 6063 BOWEN ROAD (43110), being 86.03± acres located on the west side of Bowen Road, 1930± feet south of Lehman Road, From: R, Rural District, To: PUD-4, Planned Unit Development District (Rezoning # Z04-018).
Body
WHEREAS, application #Z04-018 is on file with the Building Services Division of the Department of Development requesting rezoning of 86.03± acres from R, Rural District, to the PUD-4, Planned Development District; and
WHEREAS, the Development Commission recommends disapproval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested PUD-4, Planned Unit Development District would allow a 258-lot subdivision. The request is consistent with the zoning and development trend in this high growth area. With the proposed three units per acre density, 200' building setback from Lehman Road, and 37% open space, the request meets the hamlet open space subdivision recommendation of the Southeast Area Plan (2000), 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:
6063 BOWEN ROAD (43110), being 86.03± acres located on the west side of Bowen Road, 1930± feet south of Lehman Road, and being more particularly described as follows:
86.028 Acres
Situated in the State of Ohio, County of Franklin, Madison Township, Section 19, Township 15, Range 20, Congress Lands and being that tract of land as conveyed to Eastside Nursery, Inc. in Official Record 14166A20, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 9932 (found) in the centerline of Bowen Road and Lehman Road;
Thence, with the centerline of said Lehman Road, North 85°42'43" West, (passing F.C.G.S. Monument #3325 at 2655.22 feet) a distance of 2838.03 feet to a Mag Nail (set), said Mag Nail being the northeasterly corner of said Eastside Nursery, Inc. tract and the northwesterly corner of a tract of land as conveyed to Thomas R. and Sara E. Hummel, Trustees, by Instrument Number 200102280040265, said Mag Nail also being the TRUE POINT OF BEGINNING of the tract herein described;
Thence, departing said centerline and along the easterly line of said Eastside Nursery, Inc. tract and the westerly line of said Hummel tract, South 04°21'28" West, a distance of 1760.20 feet to an iron pin (set), (passing an iron pin found at 30.08 feet) said iron pin being a southeasterly corner of said Eastside Nursery, Inc. tract and the southwesterly corner of said Hummel tract;
Thence, with the lines of said Eastside Nursery, Inc. tract and said Hummel tract, South 85°26'39" East, a distance of 2264.00 feet to a Railroad Spike (found) in the centerline of said Bowen Road, said Railroad Spike also being a northeasterly corner of said Eastside Nursery, Inc. tract and the southeasterly corner of said Hummel tract;
Thence, with the centerline of said Bowen Road, the following two (2) courses:
1) South 38°37'57" West, a distance of 13.26 feet to a Mag Nail (set) at a point of curvature;
2) With a curve to the left having a radius of 954.93 feet, a delta angle of 7°50'59", and having a chord bearing South 34°42'27" West a distance of 130.73 feet to a Railroad Spike (found) at a southeasterly corner of said Eastside Nursery tract and the northeasterly corner of a tract of land as conveyed to Christopher E. Claar in Instrument Number 199904080088303;
Thence, departing said centerline and along the lines of said Eastside Nursery tract and the lines of said Christopher E. Claar tract, and the westerly lines of those tracts as conveyed to Larry L. Bower & Sarita L. Schnegg in Official Record 1405I02 and Daniel J. & Sandina K. Martin in Official Record 08094B19; the following three (3) courses:
1) North 84°18'33" West, a distance of 317.40 feet (passing an iron pipe found at 33.19 feet) to an iron pipe (found).
2) South 47°59'04" West, a distance of 168.92 feet to an iron pipe (found).
3) South 07°17'00" West, a distance of 374.95 feet to an iron pipe (found, bent) at the southwesterly corner of said Martin tract.
Thence, along the south line of said Martin tract, South 84°18'33" East, a distance of 348.61 feet (passing an iron pipe found at 318.53 feet) to a Railroad Spike (found) in the centerline of Bowen Road;
Thence, with the centerline of Bowen Road, South 07°15'32" West, a distance of 60.00 feet to a Harrow Tooth Bolt (found) at a southeasterly corner of said Eastside Nursery tract and the northeasterly corner of a tract of land as conveyed to Dennis W. and Melinda N. Thompson in Instrument Number 200105090101982;
Thence, departing said centerline and along the lines of said Eastside Nursery and said Thompson tract, for the following two (2) courses:
1) North 84°17'55" West a distance of 223.00 feet (passing an iron pipe found at 24.90 feet) to an iron pin (set).
2) South 07°39'35" West a distance of 198.86 feet to an iron rod (found) at a point in the westerly line of said Thompson tract, said iron rod being the southeasterly corner of said Eastside Nursery tract and the northeasterly corner of a tract of land as conveyed to Jack Jr. & Dale Jane O'Hara in Official Record 576E04.
Thence with the lines of said Eastside Nursery and said O'Hara tract, for the following four (4) courses:
1) North 85°35'27" West, a distance of 1661.78 feet to an iron pipe (found).
2) North 02°14'35" East, a distance of 231.38 feet to an iron pipe (found, bent)
3) North 84°36'04" West, a distance of 206.18 feet to an iron pipe (found)
4) South 14°48'17" West, a distance of 321.16 feet to an iron pipe (found) at the southwesterly corner of said O'Hara tract and a southeasterly corner of said Eastside tract, said iron pipe also being a point in the northerly line of a tract of land as conveyed to Homewood Corporation in Official Record 25892F04.
Thence, with the southerly line of said Eastside Nursery tract and the northerly line of said Homewood Corporation tract, North 85°28'28" West, a distance of 709.97 feet to a ¾" Solid Iron Pin (found) at the southwesterly corner of said Eastside Nursery tract and the southeasterly corner of Lehman Estates, Section 3, Part 2 as recorded in Plat Book 99, Page 43 & 44;
Thence, with the westerly line of said Eastside Nursery tract and the easterly line of said Section 3, Part 2, and the easterly lines Lehman Estates, Section 4, as recorded in Plat Book 101, Pages 70 & 71 and a tract of land as conveyed to Maronda Homes, Inc. of Ohio in Instrument Number 19908180210192, North 04°21'28" East, a distance of 2718.81 feet to an iron pin (found) (passing an iron pin found at 2698.72 feet) to an iron pin (found) in the centerline of Lehman Road, said iron pin being the northwesterly corner of said Eastside Nursery tract;
Thence, with the centerline of Lehman Road, South 85°42'43" East, a distance of 796.11 feet to the TRUE POINT OF BEGINNING containing 86.028 Acres, more or less, subject, however, to all easements and rights-of-way of record.
This description is based upon a survey performed by EMH&T, Inc. in April 2003 with bearings based upon Ohio State Plane Coordinate System as per NAD 83. Control for bearings are from coordinates of Monuments Numbered 9932 and 9968 established by the Franklin County Engineering Department using Global Positioning System procedures and equipment.
To Rezone From: R, Rural District,
To: PUD-4, Planned Unit Development District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the PUD-4, Planned Unit Development District on this property.
SECTION 3. That the Director of the Department of Development be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved PUD-4, Planned Unit Development District and Application among the records of the Building Services Division as required by Section 3311.09 of the Columbus City Codes; said plans being titled "PUD-4 SITE PLAN", all signed by Todd H. Neuman, Attorney for the Applicant, and dated August 23 October 22, 2004.
SECTION 4. That this ordinance is conditioned upon the Applicant agreeing to participate in an economic development plan and a finance plan for public improvements and services (the "Plan") in a defined area (the "Plan Area") that will include and benefit the real property to which this zoning ordinance applies, provided:
a. All of the property owners within the Plan Area fully participate in the Plan, or contributions are made on their behalf by others not including the Applicant, on an equitable basis; and
b. Applicant's participation in the Plan is equitable and reasonable, in that it considers commitments including, but not limited to, Applicant's site specific commitments, traffic commitments, land use, density, and other Plan Area commitments.
SECTION 54. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.