Explanation
Rezoning Application: Z21-086
APPLICANT: WX2 Ventures, LLC; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on January 13, 2022.
GREATER SOUTH EAST AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 13.4± acre site consists of part of one undeveloped parcel zoned in the L-AR-12, Limited Apartment Residential District (Ordinance #1252-97; Z93-036) which limits density to ten units per acre and building height to two and one-half stories. The requested L-AR-12, Limited Apartment Residential District revises the limitation text to eliminate a density restriction, and increases the allowable building height to the permitted height range of the 35-foot height district. The limitation text includes supplemental development standards for access provisions, shared and leisure path commitments, building materials commitments, lighting and preservation area controls, and a commitment to a site plan which reflects a 144-unit apartment complex at an approximate density of 10.75 units per acre. Access to the site is through property in Canal Winchester, and that access is still pending approval, and must be resolved prior to the issuance of Zoning Clearance. The site is within the boundaries of the South East Land Use Plan (2018), which recommends “Low-Medium Density Residential” (6-10 units per acre) and “Open Space” land uses at this location. Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) are also applicable to the site. Staff supports this proposal as the request remains consistent with the Plan’s land use recommendations, and the Planning Division has reviewed building elevations for consistency with C2P2 Design Guidelines.
Title
To rezone 5971 WINCHESTER PI. (43110), being 13.4± acres located on the southwest side of Winchester Pike, 1,730± feet west of Gender Road, From: L-AR-12, Limited Apartment Residential District, To: L-AR-12, Limited Apartment Residential District (Rezoning #Z21-086).
Body
WHEREAS, application #Z21-086 is on file with the Department of Building and Zoning Services requesting rezoning of 13.4± acres from L-AR-12, Limited Apartment Residential District, to L-AR-12, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater South East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-AR-12, Limited Apartment Residential District remains consistent with the land use recommendations of the South East Land Use Plan, and includes site design features such as shared and leisure paths and protection of natural features as recommended by C2P2 Design Guidelines; 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:
5971 WINCHESTER PI. (43110), being 13.4± acres located on the southwest side of Winchester Pike, 1,730± feet west of Gender Road, and being more particularly described as follows:
ZONING DESCRIPTION
13.4+/- ACRES
WEST OF GENDER ROAD
SOUTH OF WINCHESTER PIKE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 24, Township 11, Range 21, Congress Lands, and being a portion of that 37.809 acre tract as conveyed to Mark and Damon Pfeifer by deed of record in Instrument Number 201811300162078, and being a portion of that 1.836 acre tract as conveyed to Mark and Damon Pfeifer by deed of record in Instrument Number 201811300162077, and being more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8863 in the centerline of Winchester Pike, said monument being S 43° 35’ 36” E, a distance of 1068.05 feet from Franklin County Geodetic Survey Monument Number 5015, said monument also being a northeasterly corner of said 1.836 acre tract, and also being the southeasterly corner of that 1.465 acre tract as conveyed to David Crumley by deed of record in Instrument Number 200810040135376;
Thence N 85° 46’ 44” W+/-, across said Winchester Pike, with a northerly line of said 1.836 acre tract, being the southerly line of said 1.465 acre tract, a distance of 44.6 feet+/- to an iron pin found in the westerly right-of-way line of said Winchester Pike, and being the True Point of Beginning;
Thence S 43° 34’ 49” E+/-, with said westerly right-of-way line, a distance of 282.4 feet+/- to an angle point;
Thence S 41° 53’ 46” E+/-, continuing with said westerly right-of-way line, a distance of 145.41 feet+/- to an angle point;
Thence across said 1.836 acre tract and said 37.809 acre tract, the following courses and distances;
S 51° 46’ 35” W+/-, a distance of 540.9 feet+/- to an angle point;
S 86° 05’ 26” W+/-, a distance of 316.8 feet+/- to an angle point;
S 58° 12’ 14” W+/-, a distance of 351.7 feet+/- to a point in the easterly line of that 90.420 acre tract as conveyed to NP Canal Winchester Buildings 2, LLC by deed of record in Instrument Number 202008170120504;
Thence N 04° 19’ 12” E+/-, with the easterly line of said 90.420 acre tract, a distance of 907.1 feet+/- to a point at the southwesterly corner of that 4.0 acre tract as conveyed to Henrietta L. Pfeifer by deed of record in Instrument Number 199710300131189;
Thence S 85° 46’ 44” E+/-, with the southerly line of said 4.0 acre tract and said 1.465 acre tract, a distance of 681.6+/- feet to the True Point of Beginning, and containing approximately 13.4 acres+/- of land, more or less.
The above description was prepared by Advanced Civil Design Inc. on September 22, 2021 and is based on existing County Auditor and Recorder records and a field survey performed in June 2018.
This description is not to be used in the transfer of lands.
To Rezone From: L-AR-12, Limited Apartment Residential District
To: L-AR-12, Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, Limited 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 change on the said original zoning map and shall register a copy of the approved L-AR-12, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said site plan being titled, “ZONING PLAN,” dated January 20 February 9, 2022, and signed by Eric Zartman, Attorney for the Applicant, and said text being titled, “LIMITATION TEXT,” dated December 30, 2021, and signed by David Hodge, Attorney for the Applicant, and the text reading as follows:
LIMITATION TEXT
Application: Z21-086
Address: 5971 Winchester Pike
Parcel: 010-260326
Existing Zoning: L-AR12, Limited Apartment Residential District (H-35).
Request: L-AR12, Limited Apartment Residential District (H-35).
Applicant/Owner: WX2 Ventures LLC
Attorney: David Hodge, Underhill & Hodge, LLC
Date: December 30, 2021
I. Introduction:
73.31 acres of land were rezoned from R to L-AR12, L-C-4, L-M-2 and CPD in 1993 (and subsequently amended in 1997) for development of the Winchester Pike Development Gender Shopping Center. That development plan rezoned Subarea A (this property) to L-AR12 to allow the development with multi-family residential uses. This application seeks to rezone Subarea A from L-AR12 to L-AR12 to amend the property’s development limitations. Specifically, the Application requests eliminating the density limitation of 10 dwelling units per acre and the height limitation of two-and-one-half stories. The Applicant does not propose increasing the permitted density beyond that allowed by the underlying AR12 zoning district nor increasing the height beyond the underlying 35-foot height district.
II. Permitted Uses:
The permitted uses for this property shall be those contained in Chapter 3333.02 of the Columbus City Zoning Code.
III. Development Standards:
Unless otherwise indicated in the Limitation Text or Subarea Plan, the applicable Development Standards are contained in chapter 3333, AR12, Apartment Residential District, of the Columbus City Zoning Code.
A. Density, Height, Lot, and/or Setback Commitments:
The minimum building setback shall be 60 feet from Winchester Pike.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments:
1. Access to Winchester Pike shall be limited to one (1) access point subject to the approval of the Franklin County Engineer’s Office.
2. Prior to the issuance of a Certificate of Zoning Clearance, the Developer shall resolve all issues pertaining to its driveway crossing property in the City of Canal Winchester.
3. A 10-foot wide shared-use path or 5-foot wide sidewalk, as determined by the applicable public agency, shall be constructed along the Winchester Pike frontage of the site with an alignment subject to the approval of the applicable public agency.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments:
1. An 8-foot leisure path shall be installed through the property, as depicted on the Zoning Plan.
2. A 10-foot multi-use path shall be installed along Winchester Pike, as depicted on the Zoning Plan.
D. Building Design and/or Exterior Treatment Commitments:
Building Material and color: Building facade materials may include wood, brick, vinyl, stone, glass, split faced block, and/or a combination of these materials.
E. Lighting and/or other Environmental Commitments:
1. All external outdoor lighting shall be cut-off type fixtures (downlighting). However, building and landscaping may be illuminated with up lighting from concealed sources.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer type of family to insure aesthetic compatibility. All light poles and standards shall be in dark brown, bronze or black in color.
3. A Preservation Easement shall be dedicated over the Stream Corridor Protection Zone located along George’s Creek on the subject property. Uses and activities within the Preservation Easement shall be limited per the City of Columbus Stormwater Drainage Manual, Section 1.3.3.
F. Graphics and/or Signage Commitments:
Graphic standards shall be those standards contained in the Graphics Code, Article 15 of the Columbus City Code as they apply apartment residential districts. Any variance to said standards shall be obtained from the Graphics Commission.
G. Miscellaneous:
The site shall be developed in general conformance with the submitted Site Plan attached hereto as “Zoning Plan.” The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a 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.