Explanation
Rezoning Application Z08-031
APPLICANT: The NPR Group, LLC c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-family Dwellings.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 11, 2008.
NORTH CENTRAL AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is adjacent to phase I of the Columbus Elderly Housing development. Columbus City Council approved a council variance for 74 multi-family dwelling units on this site in 2006 (CV06-006). This zoning would reestablish the use which was permitted by the council variance. The requested L-AR-12, Residential District is consistent with established zoning and development patterns of the area and will be an improvement over the current development. The proposal is consistent with Council Variance CV06-006 and establishes the correct zoning on the property rather than maintaining the current R-2, Residential and C-4, Commercial Districts.
Title
To rezone 1891 EAST HUDSON STREET (43211), being 8.7± acres located 220± feet north and 170± feet west of the intersection of Hudson Street and Parkwood Avenue. From: C-4, Commercial and R-2, Residential Districts. To: L-AR-12, Limited Apartment Residential District and to declare an emergency. (Rezoning # Z08-031)
Body
WHEREAS, application #Z08-031 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.7± acres from C-4, Commercial and R-2, Residential Districts, to L-AR-12, 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 North Central Area Commission recommneds approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change. The site is adjacent to phase I of the Columbus Elderly Housing development. Columbus City Council approved a council variance for 74 multi-family dwelling units on this site in 2006 (CV06-006). This zoning would reestablish the use which was permitted by the council variance. The requested L-AR-12, Residential District is consistent with established zoning and development patterns of the area and will be an improvement over the current development. The proposal is consistent with Council Variance CV06-006 and establishes the correct zoning on the property rather than maintaining the current R-2, Residential and C-4, Commercial Districts, 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:
1891 EAST HUDSON STREET (43211), being 8.7± acres located 220± feet north and 170± feet west of the intersection of Hudson Street and Parkwood Avenue and being more particularly described as follows:
Legal Description of North Central Village 7339 lgl.doc August 13, 2008 Page 1 of 2
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Lot Number 24 of George Stevenson's Heir's Subdivision of Quarter Township No. 4, Township No. 1, Range No. 18, United States Military Lands out of Hudson M.P.H., LLC, 8.85 Acre tract as found in Inst No. 200710050175350 of the Franklin County Recorders Office, and all of Country Acres Mobile Home Park, Inc., 0.23 Acre tract as found in Volume 8718, Page 600 of the Franklin County Recorders Office, and being further bounded and described as follows: Beginning at the northeast corner of said Lot No. 24 also being the intersection of the centerline of East Hudson Street, 60 feet wide, (formerly Mock Road) with the centerline of Parkwood Avenue, 60 feet wide; thence along the easterly line of said Lot No. 24 also being the centerline of Parkwood Avenue, South 03°26'30" West, a distance of 276.67 feet to the TRUE POINT OF BEGINNING;
Course 1 thence continuing along the easterly line of said Lot No. 24 also being the centerline of Parkwood Avenue, South 03°26'30" West, a distance of 282.66 feet to a railroad spike found at the northeasterly corner of Lot E in the partition of the Estate of Windsor Atcheson as found in Plat Book 3, Page 368 of the Franklin County Recorders Office;
Course 2 thence along the northerly line of said Lot E, North 86°22'18" West, a distance of 777.38 feet to a 5/8" iron pin set at the southeasterly corner of a 5 acre tract of land conveyed by Sara E. Miller to Everal G. Burwell as found in Deed Book 479, Page 51 of the Franklin County Recorders Office;
Course 3 thence along the easterly line of said 5 acre tract, North 03°33'59" East, a distance of 200.17 feet to a 5/8" iron pin set at the southeasterly corner of a 3.156 acre tract of land conveyed to Hudson Street Limited Partnership as found in Official Record 15627 C02 of the Franklin County Recorders Office;
Course 4 thence along the easterly line of said 3.156 acre tract, North 03°23'59" East, a distance of 354.70 feet to northerly line of aforesaid Lot No. 24 also being the centerline of East Hudson Street;
Course 5 thence along the northerly line of aforesaid Lot No. 24 also being the centerline of East Hudson Street, South 86°42'01" East, a distance of 608.26 feet to a point being westerly 168.95 feet from the centerline of Parkwood Avenue;
Course 6 thence parallel with the centerline of Parkwood Avenue, South 03°26'30" West, a distance of 220.93 feet to a 5/8" iron pin set;
Course 7 thence North 86°58'56" West, a distance of 5.01 feet to a 5/8" iron pin set;
Course 8 thence South 04°05'49" West, a distance of 54.33 feet to a nail set in asphalt;
Course 9 thence South 86°14'33" East, a distance of 174.59 feet to the true point of beginning and containing 8.8617 acres of land to centerline and 8.2480 acres of land to right-of-way according to a survey by Matthew C. Neff, Ohio Professional Surveyor #7315, of the M Neff Design Group dated July 24, 2008, be the same more or less but subject to all legal highways.
NOTE: Bearings shown hereon are to State Plane Coordinates derived from City of Columbus data. Monuments described as 5/8" iron pins set are 5/8" diameter by 30" long rebar with cap stamped 'M NEFF 7315'.
To Rezone From: from C-4, Commercial and R-2, Residential Districts,
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 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-12, 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 plan being titled, "NORTH CENTRAL VILLAGE," signed by Jeffrey L. Brown, Attorney for the Applicant, dated October 1, 2008, and said text being titled, "LIMITATION TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, dated November 4, 2008, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-AR-12, Limited Apartment - Residential District
PROPERTY ADDRESS: 1891 East Hudson Street
OWNER: Hudson M.H.P., LLC
APPLICANT: The NRP Group, LLC
DATE OF TEXT: November 4, 2008
APPLICATION NUMBER: Z08-031
1. INTRODUCTION: The site is adjacent to phase I of Columbus Elderly Housing development and is located on the south side of Hudson Street west of Parkwood Avenue. Columbus City Council approved a council variance for multi-family usage on this site in 2006 (CV06-006). This zoning would reestablish the use which was permitted by the council variance.
2. PERMITTED USES: Permitted uses are contained in Section 3333.02 (AR-12, Apartment Residential) of the Columbus City Code unless otherwise indicated within this text.
3. DEVELOPMENT STANDARDS: The applicable development standards are contained in Chapter 3333 (AR-Apartment Residential) of the Columbus City Code unless otherwise indicated within this text.
A. Density, Lot and/or Setback Commitments.
1. Maximum number of dwelling units shall be 74.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. The subject property owner shall grant an vehicular access easement to the property owner of the adjacent tax parcel (010-098539) so that tax parcel may have access to Hudson Street. This access easement shall remain in place so long as tax parcel 010-098539 is used for elderly housing.
2. The developer shall install a west bound left turn lane on Hudson Street at its driveway if the subject site does not have access to Parkwood Avenue. If access to Parkwood Avenue is proposed, the access point shall be located as far to the north as feasible.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The developer shall comply with the parkland dedication ordinance by contributing $9,125 to the City of Columbus Recreation and Parks Department at the time of filing for zoning clearance.
2. The frontage along Hudson Street shall be landscaped in accordance with the submitted landscape plan. The Hudson Street landscaping and the orientation of buildings 1 and 2 are the only commitments being made with the submitted landscape plan.
3. An open style ornamental fence shall be used to create backyard space for each unit in Buildings 1 and 2 on the north side of each building.
4. Minimum tree size at installation shall be no less than 2 ½ inch caliper for street trees and/or shade trees, 5 feet in height for evergreen trees, 1 ½ inch caliper for ornamental trees, and two gallons for shrubs. Caliper shall be measured 6 inches above grade.
5. All landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The landscape plan shows two buildings which back up to Hudson Street. The north side building elevation shall have the same type of pitched roof over the patio and shutters around the windows as on the south elevation of those two buildings.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Maximum height of light poles shall be 14 feet.
F. Graphics and/or Signage Commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code as it applies to the AR-12 District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for approval.
G. Miscellaneous Commitments.
1. The developer shall connect its internal sidewalk with the public sidewalk along Hudson Street.
2. The Subject Site shall be developed in accordance with the submitted landscape plan. The landscape plan may be slightly 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 landscape plan shall be reviewed and may be approved by the Director 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.