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File #: 1209-2006    Version:
Type: Ordinance Status: Passed
File created: 6/26/2006 In control: Zoning Committee
On agenda: 7/24/2006 Final action: 7/26/2006
Title: To rezone 28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of Moler Street and City Park Avenue, From: C-4, Commercial District, To: L-AR-1, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-024)
Attachments: 1. Ord 1209-2006 Attachments.pdf, 2. ORD # 1209-2006 Mailing Labels.pdf, 3. ORD # 1209-2006 Data Form.pdf
Explanation
 
Rezoning Application # Z06-024
 
APPLICANT: Steven Keech; c/o David Gillespie, Attorney.; 65 East State Street, Suite 2100; Columbus, Ohio 43215.
      
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0-1) on May 11, 2006.
 
CITY DEPARTMENTS' RECOMMENDATION:  Disapproval.  The proposed development would permit a maximum of 5 dwelling units on the site, which could all be in one building.  The site is adjacent to a single-family residence, across an alley from a single-family residence, and across the street from several two-family dwellings.  An Area Rezoning reduced the intensity of the residential zoning in the area from R-4 to R-2F in 2005 (Z05-022), allowing residential development with a maximum of two-units per building.  This property was left out of the rezoning since it is zoned in the C-4, Commercial District.  The scale of the building, with five (5) dwelling units, is not consistent with the zoning and development patterns of the area or with the intent of the recent area rezoning to the R-2F, Residential  District.
 
 
Title
 
To rezone 28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of Moler Street and City Park Avenue, From:  C-4, Commercial District, To: L-AR-1, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z06-024)
 
 
 
Body
 
WHEREAS, application #Z06-024 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.28± acres From: C-4, Commercial District, To: L-AR-1, 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 disapproval of said zoning change because the scale of the building, with five (5) dwelling units, is not consistent with the zoning and development patterns of the area or with the intent of the recent area rezoning to the R-2F, Residential  District.  The proposed development would permit a maximum of 5 dwelling units on the site, which could all be in one building.  The site is adjacent to a single-family residence, across an alley from a single-family residence, and across the street from several two-family dwellings.  An Area Rezoning reduced the intensity of the residential zoning in the area from R-4 to R-2F, allowing residential development with a maximum of two-units per building.  This property was left out of the rezoning since it is zoned in the C-4, Commercial District , 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:
 
28 EAST MOLER STREET (43206), being 0.28± acres located at the northwest corner of East Moler Street and City Park Avenue, and being more particularly described as follows:
 
Situated in the City of Columbus, in the County of Franklin and State of Ohio, and being more particularly described as follows:
 
Being Lot Numbers One (1) and Two (2) of Catherine Loechler's subdivision of Lot Number (6) of Nathaniel Merion's Amended Subdivision of a part of Half Section No. 29, Township No. 2, Range No. 22, Refugee lands, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 2, page 355, Recorder's Office, Franklin County, Ohio.
 
EXCEPTING however from the above described premises Nine (9) feet off of the south end thereof, heretofore condemned by the City of Columbus, Ohio, for the purpose of widening Moler Street and excepting also twenty-six (26) feet, measured on the East line of said Lot Numbered Two (2) off of the north ends of said Lot Numbers One (1) and Two (2) above described and known as Number 28 East Moler Street, Columbus, Ohio.
 
TOGETHER with the seven (7) foot strip of an alley vacated by Columbus City Ordinance 37.249 passed June 28, 1926, and extending along the entire east side of the above described premises.
 
Altogether containing approximately .28 acres.  
 
 
To Rezone From: C-4, Commercial District,
 
To: L-AR-1, Limited Apartment Residential District
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the L-AR-1, 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-1, 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 text being titled, "LIMITATION TEXT," signed by Steven D. Keech, Applicant , dated June 8, 2006, and the text reading as follows:
 
Limitation Text
 
PROPOSED DISTRICT:      L-AR-1, Limited Apartment Residential District
PROPERTY ADDRESS:            28 East Moler Street, Columbus, Ohio 43206                  
OWNER:                                City Park Investment Properties, LLC
APPLICANT:                         Steven D. Keech
DATE OF TEXT:                   June  8, 2006
APPLICATION NUMBER:  Z06-024
 
 
 
1. INTRODUCTION:        
 
      Currently the approximately .28 acre parcel is zoned C-4 and is developed with an unoccupied commercial garage.  There is commercial development to the northwest and residential development in all other directions.   The owner desires to redevelop the property with five attached condominium homes each with two-car garages.  
 
 
2. PERMITTED USES:  
 
      All AR-1 uses as listed in Section 3333.02 of the Columbus City Code.
 
3. DEVELOPMENT STANDARDS:
 
      The number of dwelling units on the property shall be limited to five or less.
 
       
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.