Explanation
Rezoning Application: Z13-048
APPLICANT: Wayne A. Garland, Jr.; c/o Dave Perry, Agent; David Perry Co. Inc.; 145 East Rich St., 3rd Floor; Columbus, OH 43215; and Donald Plank, Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential and office development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on June 12, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed AR-O, Apartment Office District will allow the construction of an apartment and office building. Because of the lack of frontage on Dublin Road and the close proximity of the ARLD District to the south, this area is more suitable for residential and office, rather than commercial development. Companion Council Variance CV13-033 (Ord. No. -2014) is requested to vary the building lines, rear yard, landscaping and screening and maneuvering requirements to accomodate development of this unusually shaped parcel. The request is compatible with the zoning and development patterns in the area.
Title
To rezone 1131 DUBLIN ROAD (43215), being 0.77± acres located on the south side of Dublin Road, 145± feet west of Fairview Avenue, From: C-4, Commercial District, To: AR-O, Apartment Office District (Rezoning # Z13-048).
Body
WHEREAS, application #Z13-048 is on file with the Department of Building and Zoning Services requesting rezoning of 0.77± acres from C-4, Commercial District, to the AR-O, Apartment Office 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-O, Apartment Office District will allow a multi-unit residential and office development. Because of the lack of frontage on Dublin Road and the close proximity of the ARLD District to the south, this area is more suitable for residential and office, rather than commercial, development. The request is compatible with the zoning and development patterns in the area, 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:
1131 DUBLIN ROAD (43215), being 0.77± acres located on the south side of Dublin Road, 145± feet west of Fairview Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Section 12, Township 1, Range 23, Congress Lands and containing 0.772 acre of land more or less, being all out of that 2.168 acre tract of land as conveyed to Grandview Building of record in Official Record 04999, Page H16, 0.470 acre of said 0.772 acre tract being out of Parcel # 010-129577 comprised partly of Lot "K" of Croughton, Denmead and W.A. Pope, Second Suburban Subdivision of record in Plat Book 4, Page 441, and part of vacated Fairview Avenue of record in Vacation Record 19, Page 5, 0.070 acre of said 0.772 acre tract being out of Parcel # 010-129525 comprised partly of that 0.23 acre tract referred to as "Parcel 2" of record in Deed Book 1261, Page 561, 0.017 acre of said 0.772 acre tract being out of Parcel # 010-129589 comprised partly of said vacated Fairview Avenue, and 0.215 acre of said 0.772 acre tract being out of Parcel # 010-129590 comprised partly of Lot 14 of said Croughton, Denmead and W.A. Pope, Second Suburban Subdivision and part of said vacated Fairview Avenue (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), said 0.772 acre being more particularly described as follows:
Beginning for reference at a ¾-inch I.D. iron pipe found at the northwest corner of said 2.168 acre Grandview Building tract, also being in the southerly right-of-way line of Dublin Road (State Route 33);
Thence South 70˚22" East, with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 141.37 feet to an iron pipe set, an angle point;
Thence South 35˚36" East, continuing with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 24.55 feet to a P.K. nail set, being the true point of beginning of the herein described tract;
Thence from said true point of beginning, South 70˚40" East, with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 50.23 feet to a P.K. nail set;
Thence with a new division line across and through said 2.168 acre tract the following (5) five bearings and distances:
South 24˚44" West, a distance of 45.00 feet to a P.K. nail set;
North 65˚16" West, a distance of 7.00 feet to a P.K. nail set;
South 57˚43" West, a distance of 23.85 feet to a P.K. nail set;
South 24˚44" West, a distance of 140.00 feet to an iron pipe set;
South 65˚46" East, a distance of 167.68 feet to an iron pipe set in the east line of said 2.168 acre Grandview Building tract, also being a west right-of-way line of a 30 foot public alley;
Thence South 24˚44" West, with the west line of said 30 foot public alley, a distance of 115.01 feet to an iron pipe set, the southeast corner of said 2.168 acre Grandview Building tract, also being the northeast corner of a 1.692 acre tract of land as conveyed to Seal of Ohio Girl Scout Council, Inc. of record in Official Record 12262, Page C06;
Thence North 65˚07" West, with a southerly line of said 2.168 acre Grandview Building tract, also being a northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 61.68 feet to a ¾-inch I.D. iron pipe found;
Thence North 5˚04" East, continuing with a southerly line of said 2.168 acre Grandview Building tract, also being the northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 26.37 feet to a ¾-inch I.D. iron pipe found;
Thence North 65˚46" West, continuing with the southerly line of said 2.168 acre Grandview Building tract, also being the northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 191.03 feet to a ¾-inch I.D. iron pipe found, the northwesterly corner of said 1.692 acre Ohio Girl Scout Council tract, the northeasterly corner of a 5.289 acre tract of land as conveyed to Scioto Darby Investments Inc., of record in Instrument No. 200003200053887, the southeasterly corner of a 2.055 acre tract of land as conveyed to Bristol Land Company, Ltd. of record in Official Record 29860, Page B15;
Thence North 6˚46" East, with the westerly line of said 2.168 acre Grandview Building tract, also being the easterly line of said 2.055 acre tract, a distance of 95.00 feet to an iron pipe set;
Thence with a new division line across and through said 2.168 acre Grandview Building tract the following (2) two bearings and distances:
South 65˚46" East, a distance of 94.28 feet to an iron pipe set;
North 24˚44" East, a distance of 200.29 feet to the true point of beginning and containing 0.772 acre of land, more or less.
Subject to all restrictions, easements and rights-of-way of previous record, or otherwise legally established.
All iron pipes set are ¾-inch inside diameter by 30 inches in length with an orange cap marked "Geo Graphics."
A bearing of South 65˚46" East was used on the centerline of Dublin Road (State Route 33) as shown on Franklin County Plans FRA-33-12.31, page 64.
To Rezone From: C-4, Commercial District,
To: AR-O, Apartment Office District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the AR-O, Apartment Office 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.