REZONING APPLICATION # Z04-026
APPLICANT: Royal Tallow Holdings Ltd; c/o Donald T. Plank, Atty; Plank Law Firm; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Follow-up rezoning to CV04-006 to conform the zoning to the existing development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0-1) on October 11, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is finalizing a follow-up rezoning to the AR-2, AR-3, Apartment Residential, and R-2F, Residential Districts to bring the zoning into conformance with how this was developed under CV04-006. Currently the site is zoned in the M, Manufacturing and various commercial districts. Staff's position is that the site will likely not be used for manufacturing purposes again and that the zoning should reflect the land use for an orderly zoning map and for ease of administration including refinancings and sales. The site is developed with single and multi-unit dwellings as well as a community center. Only part of lot 7, is left to be developed. The applicants sought and were granted variances to development standards via CV04-006 which currently governs the site. Those will be reiterated to maintain conformance of the development via CV04-009, concurrent with this application. Staff requested the completion of this rezoning since it is consistent with the land use recommendations of the Harrison West Plan (2005), is consistent with CV04-006 and would result in the zoning map finally representing how the site is actually developed. Because the map will now reflect the actual use, the residents of the site should benefit with less confusion amongst lenders and appraisers when attemptng to buy, sell or refinance the properties.
Title
To rezone 577 WEST FIRST AVENUE (43215), being 10.72± acres surrounding the intersection of West First Avenue and Perry Street. From: M, Manufacturing, C-3, C-4, Commercial and CPD Commercial Planned Development Districts, To: AR-2, AR-3, Apartment Residential, and R-2F, Residential Districts. (Rezoning # Z04-026).
Body
WHEREAS, application #Z04-026 is on file with the Building and Zoning Services Department requesting rezoning of 10.72± acres from M, Manufacturing, C-3, C-4, Commercial, and CPD, Commercial Planned Development Districts, to the AR-2, AR-3, Apartment Residential, and R-2F, Residential Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because Staff supports the completion of this rezoning since it is consistent with the land use recommendations of the Harrison West Plan (2005), is consistent with and satisfies a condition of CV04-006 and would result in the zoning map finally representing how the site is actually developed. Because the map will now reflect the actual use, the residents of the site should benefit with less confusion amongst lenders and appraisers when they go to buy, sell or refinance the properties; 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:
577 WEST FIRST AVENUE (43215), being 10.72± acres surrounding the intersection of West First Avenue and Perry Street, and being more particularly described as follows:
Z04-026, 577 West First Avenue
Legal Description by Zoning District
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being Lots 1, 4, 5, 6, 9, and Reserve A, inclusive, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 108, Page 56, Recorder's Office, Franklin County, Ohio.
To Rezone From: C-3 and C-4, Commercial, CPD, Commercial Planned Development District and M, Manufacturing District
To: R-2F, Residential District
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being Lot 3, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 108, Page 56, Recorder's Office, Franklin County, Ohio.
And the following:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot 6 of William Neil's Heirs Land, Plat Book 3, Page 168 and being all of Reserve "C", Lot 68 and 69 and part of Reserve "B", Lot 67, 70, 71 and 72, and part of alleys vacated by City of Columbus Ordinance Number 22627 of April 2, 1906 and Ordinance Number 19498 of March 10, 1902 all part of Wyoming Place Addition, Plat Book 4, Page 368, and being part of a 1.048 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 200712270220304, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 1" rebar at the intersection of the centerline of Second Avenue (60') and Harrison Park Place (60');
thence westerly, along the centerline of Second Avenue, North 86° 35' 35" West, 30.00 feet;
thence southerly, leaving the centerline of Second Avenue, South 02° 43' 27" West, 30.00 feet to the intersection of the southerly right-of-way line of Second Avenue and the westerly right-of-way line of Harrison Park Place, being the northeast corner of Lot No. 7 of Harrison Park as described in Plat Book 108, Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368;
thence westerly, along the southerly right-of-way line of Second Avenue and the north line of said Lot No. 7, North 86° 35' 35" West, 82.15 feet to an iron pin found at the northwest corner of said Lot No. 7 and the northeast corner of said 1.048 acre tract, and being the TRUE POINT OF BEGINNING;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 03° 18' 23" West, 119.06 feet to an iron pin set at an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence westerly, along the east line of said 1.048 acre tract and a west line of said Lot No. 7, North 86° 41' 37" West, 1.09 feet to an iron pin set at an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 9.73 feet to an iron pin set;
thence westerly, crossing said 1.048 acre tract, North 87° 16' 33" West, 33.70 feet to an iron pin set;
thence northerly, continuing across said 1.048 acre tract, North 02° 43' 27" East, 129.20 feet to an iron pin set on the north line of said 1.048 acre tract and the southerly right-of-way line of Second Avenue;
thence easterly, along the north line of said 1.048 acre tract and the southerly right-of-way line of Second Avenue, South 86° 35' 35" East, 35.85 feet to the TRUE POINT OF BEGINNING, containing 0.104 acres (4,530 S.F.) more or less.
And the following:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot Nos. 7 and 8 of Harrison Park as described in Plat Book 108, Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 1" rebar at the intersection of the centerline of Second Avenue (60') and Harrison Park Place (60');
thence westerly, along the centerline of Second Avenue, North 86° 35' 35" West, 30.00 feet;
thence southerly, leaving the centerline of Second Avenue, South 02° 43' 27" West, 30.00 feet to an iron pin set at the intersection of the southerly right-of-way line of Second Avenue and the westerly right-of-way line of Harrison Park Place, being the northeast corner of Lot No. 7 and being the TRUE POINT OF BEGINNING;
thence southerly, along the westerly right-of-way line of Harrison Park Place and the east line of said Lot Nos. 7 and 8, South 02° 43' 27" West, 337.40 feet to an iron pin found at the northeast corner of said Lot No. 8 and a northeast corner of a 0.097 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 201007120087258;
thence westerly, along the north line if said 0.097 acre tract, North 87° 16' 33" West, 83.79 feet to an iron pin found at the northwest corner of said 0.097 acre tract and in the east line of Reserve "B" of said Harrison Park conveyed to City of Columbus, Ohio as described in Instrument Number 200712310221600;
thence northerly, along the east line of said Reserve "B" and the east line of Reserve "C" of said Harrison Park conveyed to City of Columbus, Ohio as described in Instrument Number 200712310221600, the west line of said Lot Nos. 7 and 8, and the east line of a 0.002 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 201007120087258, North 02° 43' 27" East, passing an iron pin found at 176.94 feet, a total distance of 209.61 feet to an iron pin found at the northeast corner of said 0.002 acre tract;
thence westerly, along the north line od said 0.002 acre tract, North 87° 16' 33" West, 0.51 feet to an iron pin found at the northwest corner of said 0.002 acre tract, the southeast corner of a 0.104 acre tract conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 201007120087257 and at an angle point in the east line of the remainder of a 1.048 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 200712270220304, and being in the west line of said Lot No. 7;
thence northerly, along the east line of said 0.104 acre tract and the west line of said Lot No. 7, North 01° 50' 09" East, 9.73 feet to an iron pin found at an angle point in the east line of said 0.104 acre tract and the wet line of said Lot No. 7;
thence easterly, along the east line of said 0.104 acre tract and the west line of said Lot No. 7, South 86° 41' 37" East, 1.09 feet to an iron pin found at an angle point in the east line of said 0.104 acre tract and the west line of said Lot No. 7;
thence northerly, along the east line of said 0.104 acre tract and the west line of said Lot No. 7, North 03° 18' 23" East, 119.06 feet to an iron pin found at the northeast corner of said 0.104 acre tract and the northwest corner of said Lot No. 7, being in the southerly right-of-way line of Second Avenue;
thence easterly, along the north line of said Lot No. 7 and the southerly right-of-way line of Second Avenue, South 86° 35' 35" East, 82.15 feet to the TRUE POINT OF BEGINNING, containing 0.647 acres, more or less.
To Rezone From: M, Manufacturing District
To: AR-2, Apartment Residential District
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being Lot 2, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 108, Page 56, Recorder's Office, Franklin County, Ohio.
To Rezone From: M, Manufacturing District
To: AR-3, Apartment Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the R-2F, Residential District on this property and a Height District of sixty (60) feet is hereby established on the AR-2 and AR-3, Apartment Residential Districts 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 in the office of the Department of Building Services.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.