Explanation
Rezoning Application Z05-042
APPLICANT: Metro Partners at NW, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 13, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Until a policy for infill development is formulated, infill development proposals will be evaluated on a case by case basis. Staff can support this proposal based on the following considerations: First, the site is already zoned in the C-4, Commercial District which would permit commercial use. Second, the property in question is located at the end of a block adjacent to an intersection of two arterials which contain bus lines and two collector streets. Third, the property is of an unusual shape. Fourth, the façade of the proposed structure is broken up with openings which help diminish the mass of the building. The applicant is committing to these elevations. Finally, the north façade faces the side of the existing single-family dwelling to the north and is stepped back, helping to minimize privacy issues for the existing single-family dwelling.
Title
To rezone 1266 WEST THIRD AVENUE (43212), being 0.38± acres located at the northeast corner of West Third Avenue and Northwest Boulevard, From: C-4, Commercial District To: L-AR-3, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z05-042)
Body
WHEREAS, application #Z05-042 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.38± acres from C-4, Commercial District, to L-AR-3, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
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; and
WHEREAS, the City Departments recommend approval of said zoning change because until a policy for infill development is formulated, infill development proposals will be evaluated on a case by case basis. Staff can support this proposal based on the following considerations: First, the site is already zoned in the C-4, Commercial District which would permit commercial use. Second, the property in question is located at the end of a block adjacent to an intersection of two arterials which contain bus lines and two collector streets. Third, the property is of an unusual shape. Fourth, the façade of the proposed structure is broken up with openings which help diminish the mass of the building. The applicant is committing to these elevations. Finally, the north façade faces the side of the existing single-family dwelling to the north and is stepped back, helping to minimize privacy issues for the existing single-family dwelling, 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:
1266 WEST THIRD AVENUE (43212), being 0.36± acres located at the northeast corner of West Third Avenue and Northwest Boulevard, being more particularly described as follows:
DESCRIPTION OF A 0.355 ACRE TRACT OF LAND
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 1, Township 1, Range 23, being all of Lots 117 and 118 of that subdivision entitled "Boulevard Heights Addition" of record in Plat Book 16, Page 35, as conveyed to Donald J. Compton by deed of record in Official Record 26946H17, said 0.355 acres being more particularly bounded and described as follows:
Beginning at a 1" iron pin found at the southeasterly corner of said lot 118, marking the intersection of the westerly right-of-way line of Meadow Road with the northerly right-of-way line of Third Avenue;
Thence N 86° 16' 07" W, with the northerly right-of-way line of said Third Avenue, being the southerly line of said lot 118, a distance of 22.44 feet to an iron pin set at a point of curvature of a curve to the right;
Thence Northwesterly, continuing with said right-of-way line, being said southerly lot line, and with the arc of said curve (Delta = 40° 12' 52", Radius = 25.00 feet, Arc Length = 17.55 feet) a chord bearing and distance of N 66° 09' 41" W, 17.19 feet to an iron pin set at a point of tangency in the northeasterly right-of-way line of Northwest Boulevard;
Thence N 46° 03' 16" W, with said northeasterly right-of-way line, being the southwesterly line of said lots 117 and 118, (passing a ½" iron pin found at the common corner of said lots 117 and 118 at 77.50 feet) a distance of 124.50 feet to an iron pin set at a point of curvature of a curve to the right;
Thence Northwesterly, continuing with said northeasterly right-of-way line, being the southwesterly line of lot 117, with the arc of said curve (Delta = 04° 53' 09", Radius = 905.37 feet, Arc Length = 77.20 feet) a chord bearing and distance of N 43° 36' 41" W, 77.18 feet to an iron pin set in the southerly right-of-way line of the first alley north of Third Avenue, running between Northwest Boulevard and Meadow Road, being the northwesterly corner of said lot 117;
Thence S 85° 50' 00" E, with the southerly right-of-way line of said alley, being the northerly line of said lots 117 and 118, a distance of 189.68 feet to an iron pin set in the westerly right-of-way line of said Meadow Road, being the northeasterly corner of said lot 118;
Thence S 03° 25' 18" W, with the westerly right-of-way line of said Meadow Road, being the easterly line of said lot 118, a distance of 137.15 feet to the True Point of Beginning, and containing 0.355 acres of land, more or less, as calculated by the above courses. Subject, however, to all legal highways, easements, and restrictions of record. The above description was prepared by Clark E. White, P.S. #7868 on October 31, 2005.
All iron pins set are ¾" diameter, 30" long with plastic cap inscribed "Advanced 7661".
All references used in this description can be found at the Franklin County Recorder's Office, Franklin County, Ohio. The Basis of Bearings used in this description was transferred from a GPS survey of Franklin County Monuments "FCGS 1159" and "GRANDVIEW" performed by the Franklin County Engineer's Office, and is based upon the NAD83 Ohio State Plane Coordinate System, South Zone, and determines the bearing between said monuments as S 03° 09' 23" W.
SECTION 2. That a Height District of sixty (60) feet is hereby established on the L-AR-3, Limited Apartment Residential 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-AR-3, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said plans being titled "METROPOLITAN HOLDINGS" and "3rd & NORTHWEST CONDOMINIUMS", signed by Jeffrey L. Brown, Attorney for the Applicant, dated February 23, 2006 and December 14, 2005 respectively, said text being titled, "LIMITATION TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, dated December 15, 2005, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-AR-3, Limited Apartment - Residential
PROPERTY ADDRESS: 1266 West Third Avenue
OWNER: Donald Compton
APPLICANT: Metro Partners at NW, LLC
DATE OF TEXT: 12/15/05
APPLICATION NUMBER: Z05-042
1. INTRODUCTION: The applicant wants to redevelop the site with a multi-family development.
2. PERMITTED USES: Those uses permitted in Section 333.03 (AR-3) of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted written text, or varied by a council variance the applicable development standards shall be those contained in Chapter 3333, AR-3, Apartment Residential District of the Columbus City Code.
A. Density, Height, Lot Coverage, and Setback Requirements:
1. Maximum number of dwelling units shall be 22.
2. Height District 60 feet
B. Parking Standards, Access, and Traffic:
1. All circulation, curbcuts and access points shall be subject to the review and approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open Space and Screening Commitments.
1. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
2. The developer shall install street trees along the site's Northwest Boulevard and Third Avenue frontages 35 feet on center subject to the review and approval of the City's forester.
3. The minimum size of all trees at installation shall be 2 ½ inch caliper for deciduous, 5 feet in height for evergreen, and 1 ½ inch caliper for ornamental.
D. Building design and/or Interior-Exterior treatment commitments.
1. The building shall be developed in accordance with the submitted building elevations. The building elevations may be slightly adjusted to reflect engineering, building material or other site data developed at the time of development and engineering and building plans are completed. Any slight adjustment to the elevations is subject to review and approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. In addition window placement maybe modified on the building elevations as final building plans are completed.
2. Building exterior materials will include brick, stucco, glass/window systems, synthetic stone and accent elements comprised of metal panels, limestone, and decorative metal grillwork at garage openings.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments. Not Applicable.
F. Graphics and Signage requirements:
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 AR-3, Apartment Residential District of the Columbus City Code, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments:
1. The Subject Site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plan is subject to review and approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
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.