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File #: 2460-2023    Version: 1
Type: Ordinance Status: Passed
File created: 8/25/2023 In control: Zoning Committee
On agenda: 9/11/2023 Final action: 9/13/2023
Title: To rezone 5121-5125 WARNER RD. (43081), being 3.53± acres located on the south side of Warner Road, 150± feet west of North Hamilton Road, From: R, Rural District, To: AR-1, Apartment Residential District (Rezoning #Z23-039).
Attachments: 1. ORD2460-2023_Attachments, 2. ORD2460-2023_Labels

Explanation

 

Rezoning Application: Z23-039

 

APPLICANT:  Jared Smith, Preferred Living; c/o David Hodge, Atty.; Underhill and Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.

PROPOSED USE:  Multi-unit residential development.

 

DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on August 10, 2023.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The 3.5± acre site consists of two parcels, each developed with a single-unit dwelling, and both in the R, Rural District as the result of recent annexation in to the City of Columbus. The requested AR-1, Apartment Residential District will allow the property to be redeveloped with multi-unit residential development. Although the requested AR-1 district is not consistent with the Rocky Fork-Blacklick Accord (2003) land use recommendation for commercial uses at this location, it is consistent with the surrounding zoning and development patterns along this portion of Warner Road. This request does not represent the addition of an incompatible use to the area. A concurrent Council variance (Ordinance #2458-2023; CV23-064) has been filed for a proposed 82-unit apartment complex, and includes variances to building lines, perimeter yard, and private garage building height. The Rocky Fork-Blacklick Accord Implementation Panel reviewed the proposal and recommends approval.

 

Title

 

To rezone 5121-5125 WARNER RD. (43081), being 3.53± acres located on the south side of Warner Road, 150± feet west of North Hamilton Road, From: R, Rural District, To: AR-1, Apartment Residential District (Rezoning #Z23-039).

 

Body

 

WHEREAS, application #Z23-039 is on file with the Department of Building and Zoning Services requesting rezoning of 3.53± acres from R, Rural District, to AR-1, Apartment Residential District; and

 

WHEREAS, the Development Commission recommends approval of said zoning change; and

 

WHEREAS, the City Departments recommend approval of said zoning change because the requested AR-1, Apartment Residential District is consistent with the surrounding zoning and development pattern, and will provide housing consistent with the City’s objectives; 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:

 

5121-5125 WARNER RD. (43081), being 3.53± acres located on the south side of Warner Road, 150± feet west of North Hamilton Road, and being more particularly described as follows:

 

Situated in the State of Ohio, County of Franklin, Township of Plain, being part of Quarter Township 3, Township 2, Range 16, United States Military Lands and containing 3.5± acres of land, more or less, said 3.5± acres being part of an original 1.722 acre tract of land as conveyed to Michelle Copley (formerly known as Michelle Shirzadian) in Instrument No. 201201310013514 and part of an original 2.238 acre tract of land as conveyed to Jamie Helber in Instrument No. 200301240024792, said 3.5 ± acres more particularly described as follows:

 

Beginning for Reference, at the southwest corner of a 0.103 acre tract of land as conveyed to the City of Columbus in Instrument No. 201202170022888 as Parcel 17-WD, the northwest corner of said original 1.722 acre tract, and being on the east line of an original 2.869 acre tract of land as conveyed to Hudson Square, LLC in Instrument No. 201204200054620 and 9% interest to Hudson Square II, LLC in Instrument No. 201312200207854 as Parcel III;

 

Thence S 3° 30’ 17” W, with the east line of said Parcel III and the west line of said original 1.722 acre tract, 20.0± feet to the True Point of Beginning;

 

Thence S 86° 27’ 43” E, across said original 1.722 acre tract and said original 2.238 acre tract, 373.2± feet to the east line of said original 2.238 acre tract and the west line of a 2.070 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Fifteenth Amendment, Phase XVI in Condominium Plat 232, Pg. 10;

 

Thence S 1° 22’ 28” E, with the west line of said 2.070 acre tract and the east line of said original 2.238 acre tract,

363.5± feet to the southeast corner of said of said original 2.238 acre tract, the southwest corner of said 2.070 acre tract, and being on the north line of a 0.648 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Eleventh Amendment, Phase XII in Condominium Plat 211, Pg. 35;

 

Thence N 86° 27’ 43” W, with the south line of said original 2.238 acre tract, the north line of said 0.648 acre tract, and the north line of a 0.428 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Twelfth Amendment, Phase XIII in Condominium Plat 221, Pg. 16, 254.2± feet to the southwest corner of said original 2.238 acre tract, being on the east line of said original 1.722 acre tract, and the northwest corner of said 0.428 acre tract;

 

Thence S 3° 30’ 17” W, with the east line of said original 1.722 acre tract and the west line of said 0.428 acre tract,87.9± feet to the southeast corner of said original 1.722 acre tract, an angle point of said 0.428 acre tract, the northeast corner of a 0.499 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Seventh Amendment Phase VIII in Condominium Plat 191, Pg. 1, and the northeasterly corner of a 0.275 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Eighth Amendment, Phase IX in Condominium Plat 198, Pg. 11;

 

Thence N 86° 27’ 43” W, with the south line of said original 1.722 acre tract and the north line of said 0.499 acre tract, 150.0± feet to the southwest corner of said original 1.722 acre tract, the southeast corner of said original 2.869 acre tract, and being on the north line of said 0.499 acre tract;

 

Thence N 3° 30’ 17” E, with the east line of said original 2.869 acre tract and the west line of said original 1.722 acre tract, 450.0± feet to the Point of Beginning, containing 3.53± acres.

 

The above description was prepared by Advanced Civil Design Inc. on June 20, 2023 and is based on existing Franklin County Auditor records and Franklin County Recorder’s records.

 

All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio. This description is for zoning purposes only and is not to be used for the transfer of land.

 

Parcel No.: 220-001188 & 220-000658

Address: 5121-5125 Warner Road; Columbus, OH 43081

 

To Rezone From:  R, Rural District

To:  AR-1, Apartment Residential District.

 

SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the AR-1, 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 in the office of the Department of Building and Zoning Services.

 

SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.