Explanation
Rezoning Application Z06-011
APPLICANT: Ruben-Lorek, LLC; c/o Jackson B. Reynolds III, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Senior Housing development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-1-1) on April 13, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This applicant requests the L-I, Limited Institutional District to allow 34 dwelling units geared toward senior citizens with a density of 8.75 dwelling units per acre. The applicant is also requesting a concurrent Council variance to reduce the 20-foot side yard setbacks. The proposed density is substantially higher than the two adjacent Planned Unit Developments which have densities of 4.23 dwelling units per acre and 5.5 dwelling units per acre, respectively. The Northland Plan Volume II (2002) recommends "Infill development that is compatible with the surrounding land uses be encouraged. While the proposed land use is acceptable, staff finds this to be overdevelopment and finds no exceptional design features to warrant this more intense and incompatible development.
Title
To rezone 5565 BROADVIEW ROAD (43230), being 3.97± acres located on the south side of Broadview Road, opposite Panorama Drive. From: R, Rural District To: L-I, Limited Institutional District. (Rezoning # Z06-011).
Body
WHEREAS, application #Z06-011 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.97± acres from R, Rural District, to L-I, Limited Institutional District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because the proposed density is substantially higher than the two adjacent Planned Unit Developments which have densities of 4.23 dwelling units per acre and 5.5 dwelling units per acre, respectively. The Northland Plan Volume II (2002) recommends "Infill development that is compatible with the surrounding land uses be encouraged. While the proposed land use is acceptable, staff finds this to be overdevelopment and finds no exceptional design features to warrant this more intense and incompatible development, 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:
5565 BROADVIEW ROAD (43230), being 3.97± acres located on the south side of Broadview Road, directly south of Panorama Drive and being more particularly described as follows:
Exhibit A
Legal Description
File Number: 9473
Situated in the County of Franklin, State of Ohio, and in the Township of Blendon and bounded and described as follows:
Being a part of Lot 12, Section 4, Township 2, Range 17, United States Military Lands, as said Lot 12 was laid down and delineated and numbered on a certain plat recorded in Complete Records, Court of Common Pleas, October Term, 1853, wherein George Williams and wife were plaintiffs and Virgil D. Moore and others were defendants, as shown on record in Complete Record 22, pages 101 to 109, and being, also, one acre, more or less, of that certain tract containing 3.974 acres, more or less, deeded by Louie Stevens and Mildreth Stevens, husband and wife, to Duane G. Stevens and Dorothy E. Stevens by deed dated October 28, 1961 and recorded in Deed Book 2358, page 564, Recorder's Office, Franklin County, Ohio, and more particularly bounded and described as follows:
Beginning at a point in the center line of Broadview Road (Bull Road) said point being the northwesterly corner of said 3.974 acres tract; thence South 4 deg. 06' 30" West (passing an iron pin at 37 feet) along the westerly boundary line of said 3.974 acres tract a distance of 363.00 feet to a point; thence South 85 deg. 23' East parallel with the northerly boundary line of said 3.974 acres tract a distance of 120.00 feet to a point; thence North 4 deg. 06' 30" East parallel with the westerly boundary line of said 3.974 acres tract a distance of 363 feet to a point in the center line of said Broadview Road and in the northerly boundary line of said 3.974 acres tract; thence North 85 deg. 23' West with the center line of said Broadview Road being the northerly boundary line of said 3.974 acres tract a distance of 120.00 feet to the point of beginning, subject to all legal highways and/or rights-of-way, if any, of previous record.
Parcel No. 110-1602
Also known as: 5555 Broadview Road, Columbus, Ohio 43230
To Rezone From: from R, Rural District,
To: L-I, Limited Institutional District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-I, Limited Institutional District, on this property.
SECTION 3. That the Director of the Department of Development be, and he 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 L-I, Limited Institutional District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "SITE DIMENSION PLAN 5555-5565 BROADVIEW ROAD," said exhibits being titled, "EXHIBIT A," and "EXHIBIT B," and said text being titled, "LIMITATION TEXT," all signed by Jackson B. Reynolds III, Attorney for the Applicant, dated August 7, 2006, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-I, Limited Institutional District
PROPERTY ADDRESS: 5565 Broadview Road
OWNER: Dorsey and Susan Stocksdale
APPLICANT: Ruben-Lorek, LLC
DATE OF TEXT: 8/7/06
APPLICATION NUMBER: Z06-011
1. INTRODUCTION: The proposed development represents an opportunity to provide an additional form of residential housing in the Northland area.
2. PERMITTED USES: The following uses in Section 3349.03, I of the Columbus City Code are permitted, all others not listed are prohibited:
A. Housing for the Elderly
B. Church
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3349 of the Columbus City Code
A. Density, Lot, and/or Setback Commitments.
1. The maximum density shall be 8.75 dwelling units to the gross acre of the total site.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be planted evenly spaced along Broadview Road at a ratio of one tree per thirty (30) feet of frontage.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
3. All trees meet the following minimum size at the time of planting:
Shade trees 2 ½" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
4. The developer shall install one tree for every ten parking spaces. These trees may be planted anywhere on the site except for the required yards.
5. Each building shall have at least the following amount of landscaping installed around each building; two trees and six shrubs.
6. A six (6) foot high wall or board on board fence will be erected around the perimeter boundaries of the subject property.
7. The necessary parkland dedication fee will be made to the Columbus Recreation and Parks Department at the time of zoning clearance and said fee will be determined by using C.C.C. 3318 and with the input of the staff of Recreation and Parks Department.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. No building shall exceed 35' in overall height.
2. The property shall be developed in accordance with the submitted site plan and elevations. These plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time final development and engineering plans are completed. Any slight adjustment in the site plan is subject to review and approval by the Director, Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. The general layout and site concept shall, however, conform to the site plan, with the exception of any indicated interior wall/structure or dividers.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
2. Light poles in the parking light shall not exceed 12 feet in height and shall use cut off lighting fixtures.
3. Any trash dumpsters shall be enclosed by a six foot (6') high wall on three (3) sides constructed of brick or wood and a gate shall be installed on the fourth side to allow for access.
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the Institutional zoning classification and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The developer shall install a sidewalk along Broadview Road frontage .
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.