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File #: 1551-2014    Version: 1
Type: Ordinance Status: Passed
File created: 6/20/2014 In control: Zoning Committee
On agenda: 7/14/2014 Final action: 7/17/2014
Title: To rezone 6160 RIVERSIDE DRIVE (43017), being 0.8± acres located 83.5± feet east of Riverside Drive, and 669± feet south of Martin Road, From: L-C-2, Limited Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z13-034).
Attachments: 1. ORD1551-2014Attachments, 2. Notice Of Public Hearing - Council Mtg20140714
Explanation
 
Rezoning Application Z13-034
 
APPLICANT:  Friendship Village of Dublin, LLC; c/o Jill Tangeman, Atty.; 52 East Gay Street, P.O. Box 1008; Columbus, OH 43216.
      
PROPOSED USE:  Housing for the elderly.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on June 12, 2014.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development District, will allow the development of four senior housing units affiliated with the senior housing complex to the south.  The site is located within the planning area of The Northwest Plan (2007), but does not fall within a subarea that gives specific land use recommendations.  The Plan, however, does contain concepts that are applicable regarding appropriate location for senior housing in areas where services and amenities exist or are planned, and that infill sites should develop in a manner that is consistent and compatible with the land use and density of the surrounding areas.  The proposed CPD text permits four senior housing units, and contains development standards addressing setbacks, access and parking restrictions, pedestrian connections, lighting, and building design which are consistent with the CPD District to the south.  A parking variance to allow one parking space per dwelling unit is included in the request.  The proposal complies with applicable land use concepts in The Northwest Plan, and is consistent with the established zoning and development pattern of the area.
 
Title
 
To rezone 6160 RIVERSIDE DRIVE (43017), being 0.8± acres located 83.5± feet east of Riverside Drive, and 669± feet south of Martin Road, From:  L-C-2, Limited Commercial District, To:  CPD, Commercial Planned Development District (Rezoning # Z13-034).
 
Body
 
WHEREAS, application #Z13-034 is on file with the Department of Building and Zoning Services requesting rezoning of 0.8± acres from L-C-2, Limited Commercial District, to CPD, Commercial Planned Development 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 CPD, Commercial Planned Development District, is consistent with the established development pattern and complies with applicable land use concepts in The Northwest Plan; 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:
 
6160 RIVERSIDE DRIVE (43017), being 0.8± acres located 83.5± east of Riverside Drive, and 669± feet south of Martin Road, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, Township of Perry, located in part of Section 3, Township 2, North, Range 19 West, United States Military Lands, and being all of a 0.121 acre tract conveyed to O.H. Koeplin as recorded in Instrument 200002100028594 and all of a 0.6807 acre tract conveyed to O.H. Koeplin as recorded as recorded in Official Record 34054H12, Franklin County Recorder's Office and being more particularly described as follows:
 
Beginning, for reference at a point found in the centerline of Riverside Drive marking the northwest corner of said 1.007 acre tract and the southwest corner of a 0.470 acre tract conveyed to the City of Columbus as recorded in Deed Book 3462, Page 170.
 
Thence South 83°47' 44" East 135.47 feet, along south line of said 0.470 acre tract and a 5.204 acre tract conveyed to GSP Dunsinane LLC as recorded in Instrument No 199903300078497 and the north line of a 1.007 acre tract conveyed to Harold S. (Jr) and Darlene Harding as recorded in Instrument No. 199809230242156, to a PK Nail found marking the northwest corner of said 0.121 acre tract, and being the PRINCIPAL PLACE OF BEGINNING of the herein described tract,
 
thence continuing South 83° 47' 44" East 76.03 feet, along the north line of said 0.121 acre tract and the south line of said 5.204 acre tract, to an iron pin found marking the northeast corner of said 0.121 acre tract and the northwest corner of said 0.6807 acre tract,
 
thence South 77° 43' 47" East 285.09 feet, along the north line of said 0.6807 acre tract and the south line of said 5.204 acre tract, to an iron pin found marking the northeast corner of said 0.6807 acre tract, an angle in the south line of said 5.204 acre tract and the northwest corner of 1.815 acre tract conveyed to GSP Dunsinane LLC as recorded in Instrument No. 199903300078497 as recorded in instrument No. 199903300078497,
 
thence South 03° 22' 00" West 125.00 feet, along the east line of said 0.6807 acre tract and west line of said 1.815 acre tract, to an iron pin found marking the southeast corner of said 0.6807 acre tract and northeast corner of a 1.000 acre tract conveyed to Thomas R. and Lisa A. Hedge as recorded in Official Record 27789.105,
 
thence North 87° 13' 57" West 140.03 feet, along the south line of said 0.6807 acre tract and the north line of said 1.000 acre tract, to an iron pin found marking the southwest corner of said 0.6807 acre tract and southeast corner of said 0.121 acre tract,
 
thence North 81° 41' 31" West 60.91 feet, along the south line of said 0.121 acre tract and the north line of said 1.000 acre tract, to an iron pin found marking southwest corner of said 0.121 acre tract,
 
thence North 13° 48' 39" West 113.14 feet, along a west line of said 0.121 acre tract and east line of said original 1.007 acre tract, to an iron pin found marking an angle in the west line of said 0.121 acre tract,
 
thence North 60° 20' 10" West 137.72 feet, along a west line of said 0.121 acre tract and east line of said original 1.007 acre tract, to the principal place of beginning, containing an area of 0.802 (34926 square feet), more or less Subject to all easements, restrictions, and rights of way of record, if any.
 
Basis of bearings from Deed Book 350, Page 609, based on the east line of the 1.007 acre tract being
South 36° 29' 00" East. A survey of the above described premises was done by Bradley J. Patridge P. S. 7068, in December 1999. All iron pins set are capped PATRIDGE SURVEYING. All reference plats and deeds are on file at the Franklin County Recorder's Office Franklin County, Ohio.
 
 
To Rezone From:  L-C-2, Limited Commercial District
 
To: CPD, Commercial Planned Development District
 
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development 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 change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "FRIENDSHIP VILLAGE OF DUBLIN NORTH VILLAS," and text titled, "CPD TEXT," both signed by Jill S. Tangeman, Attorney for the Applicant, dated June 18, 2014, and the text reading as follows:  
 
CPD TEXT
 
PROPOSED DISTRICT:  CPD
PROPERTY ADDRESS:  6160 Riverside Drive
OWNER:  Eagle Pass LP
APPLICANT:  Friendship Village of Dublin, Ohio, Inc.
DATE OF TEXT:  June 18, 2014
APPLICATION NUMBER:  Z13-034
 
1.      Introduction
 
      The subject property consists of .802 +/- acres of real property (the "Property"), which is located on Riverside Drive.  The Property is contiguous to the existing campus of Friendship Village of Dublin ("FVD Campus") and is proposed to be developed by the Applicant in conjunction with the FVD Campus. In 2003, the City passed an ordinance pursuant to rezoning application Z02-051 causing approximately 6.334 acres of real property (the "Initial CPD Property") to be rezoned to permit an extension of the FVD Campus on the Initial CPD Property for the development of an independent living complex for senior citizens (the "Independent Living Complex"), limiting such development by a CPD Text (the "2003 CPD Text").  In 2005, the City passed an ordinance pursuant to rezoning application Z05-029 which added 1.219 acres to the CPD text (the "Additional CPD Property").
 
The Applicant is now in contract to acquire a contiguous .802 acre tract owned by Eagle Pass LP (the "Eagle Property"). In connection therewith, the Applicant is requesting the .802 acre Eagle Property be rezoned consistent with the Initial CPD Property and Additional CPD Property to allow for the development of four senior housing units similar to those already existing on the Initial and Additional CPD Property.
 
2.      Permitted Uses
 
      Subject to the limitations set forth below, the Property may only be used for residential dwelling units meeting the requirements for housing for the elderly as provided in Code Section 3349.03(w), together with such accessory uses, including community facilities, as are found in a senior citizen housing development.  The Property will contain no more than four (4) units.  All residential units would be located on private streets within the Property.  The Property will be owned and operated by the Applicant as part of the Friendship Village of Dublin community.  The Property will not contain individual lots.  
 
3.      Development Standards
 
      Reference to the attached Site Plan (the "Plan") is made herein.  The Plan sets forth a conceptual layout of the proposed development of the Property.  The exact locations of structures, streets and landscaping, may be modified subject to any necessary approval of the relevant city agencies.
 
A.      Density, Lot and/or Setbacks Commitments
 
1.      Maximum density on the Property will not exceed 8 dwelling units per acre.
 
2.      Minimum setbacks on the Property will be twelve feet from any adjacent property boundary, provided that there shall be no minimum setback requirement for any development that is adjacent to the boundary of other real property owned by Friendship Village of Dublin. It is anticipated that the property will be combined with the parcel to the south currently owned by Friendship Village of Dublin.
 
3.      No structure containing one or more dwelling units constructed on the Property shall be closer than five feet to any other such structure on the Property.
 
B.      Access, Loading, Parking and/or other Traffic-Related Commitments
 
1.      All circulation, curb cuts and access points shall be subject to the approval of Public Service.  Applicant proposes that the primary access to the Property will be at a full service connection on Birchton Street.  No vehicular connection shall be made at the northwest corner of this site to provide access to Riverside Drive except for a connection to provide emergency vehicle access if determined to be required by the City of Columbus, Division of Fire.  If a connection to provide emergency vehicle access is required by the City of Columbus, Division of Fire, bollards and signage shall be installed in appropriate locations to prevent the usage of this connection by regular vehicular traffic.  If appropriate cross access easements are in place, the above provision shall not prohibit the property owner from utilizing this vehicular connection as a temporary construction access during the construction of this site.
 
2.      Each residential unit will have no less than one parking space in a garage attached to the building containing such unit.
 
3.      A walkway will be constructed to provide residents on the Property pedestrian access to the main campus.  Walkways within the Property will be constructed to permit pedestrian circulation within the Property.  The location of the walkways may be changed from time to time to accommodate use and future expansion.
 
4.      No parking will be permitted on streets on the Property that are twenty (20) feet wide and parking will be permitted only on one side of each street that is twenty-four (24) feet wide.
 
C.      Buffering, Landscaping, Open Space and/or Screening Commitments
 
The applicant will endeavor to preserve existing large trees on the subject Property to the extent practicable.
 
D.      Building Design and/or Interior-Exterior Treatment Commitments
 
1.      All residential units shall contain no more than one and half stories above grade, not including basements.  
 
2.      Each individual unit shall contain no less than 1,350 square feet of living area.
 
3.      Exteriors of the buildings will be constructed of materials consistent with residential structures within the Friendship Village community and neighboring properties, examples of which include brick, stone, stucco and siding.  No vinyl siding will be used on any buildings.  Pitched roofs will be utilized.  
 
E.      Lighting, Outdoor Display Areas and/or other Environmental Commitments
 
1.      All internal street lighting shall be on black decorative standards with a height no greater than fourteen feet.
 
2.      If the Applicant elects to dispose of trash privately, trash disposal shall be through residential style garbage cans stored within garages.  In the event that the Applicant elects to utilize City trash disposal services, the Applicant will use collection receptacles required by the City.  
 
F.      Graphics and/or Signage Commitments
 
All graphics and signage shall comply with the I, Institutional District Standards of the Graphics Code, Title XV of Title 30, Columbus Zoning Code, and any variance to those standards shall be submitted to the Columbus Graphics Commission for consideration.
 
G.      Fire Vehicle Access Plan
 
Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes.  They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes.  Fire hydrants shall be located on the side of the street where no parking is permitted.  Applicant will establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas.  There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as Applicant determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above.  Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.  Applicant shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alley/lanes.  Intersection details concerning turning radii, parking restrictions, and intersection configurations will conform with the Fire Vehicle Access Plan.
 
H.      Variances
 
Applicant requests a variance from Section 3312.49 to allow one parking space per residential unit.  Each residential unit will have no less than one parking space in a garage attached to the building containing such unit.
 
4.      Other CPD Requirements
 
A.      Natural Environment
 
The natural environment of the Property is relatively flat, with a slight grade incline to the east from Riverside Drive.  A steep wooded ravine runs along the northwest boundary of the Property and will remain substantially in its natural state.
 
B.      Existing Land Use
      
The Property has contained several structures which were previously used as residences and offices, all of which have been or will be demolished by the applicant.
 
C.      Transportation and Circulation
 
Access to and from the site will be from Birchton Court at the southern boundary of the Property with internal vehicular circulation provided for in the Plan.
 
D.      Visual Form of the Environment
 
The Property is bounded as follows:  (i) the northern and western boundary of the Property abuts an apartment complex; (ii) the eastern boundary of the Property abuts a single family home; and (iii) the southern boundary of the Property abuts the existing FVD development. Various office and commercial operations are located across Riverside Drive.
 
E.      View and Visibility
 
The Property fronts on Riverside Drive and will be visible from Riverside Drive.
 
F.      Proposed Development
 
Two buildings containing two residential units each on the Property.
 
G.      Behavior Patterns
 
The development on the Property will be integrated as part of the Friendship Village of Dublin community.  Traffic access directly on Riverside Drive will not be permitted, except for construction vehicle access.
 
H.      Emissions
 
Development of the Property shall conform to the City of Columbus requirements as further controlled by the Development Standards of this CPD Text for light levels, sounds and dusts.  There will be no objectionable emissions.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.