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File #: 0859-2009    Version: 1
Type: Ordinance Status: Passed
File created: 6/9/2009 In control: Zoning Committee
On agenda: 7/20/2009 Final action: 7/23/2009
Title: To 5923 CHESTNUT HILL DRIVE (43230), being 4.3± acres located on the south side of Chestnut Hill Drive, 400± feet east of North Hamilton Road, From: L-C-4, Limited Commercial District, To: L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts (Rezoning # Z09-006).
Attachments: 1. ORD0859-2009Attachments.pdf, 2. ORD0859-2009Labels.pdf, 3. ORD0859-2009DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Rezoning Application Z09-006
 
APPLICANT:  Lurie Family LP; c/o David L. Hodge, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
      
PROPOSED USE:  Multi-family residential development, parking, and self-storage.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on May 14, 2009.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The 4.3± acre site is undeveloped and zoned in the L-C-4, Limited Commercial District.  The applicant requests the L-AR-12, Limited Apartment Residential District for multi-family residential development on 3.3 acres and the L-M, Limited Manufacturing District on the remainder of the parcel for a self-storage unit and parking lot. The proposed L-AR-12 District would allow a maximum of 36 units on the site, and includes a companion Council variance (CV09-004) to permit two-family dwellings and reduced perimeter yard along the east property line.  The proposed L-M District allows C-4, Commercial uses and is limited to self-storage as the only permitted industrial use with the parking lot to be used solely by the restaurant located to west of the site.  The requested L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts, with the proposed limitations, provide a transition from the commercial uses along North Hamilton Road and the multi-family residential development to the east.  The request is compatible with development in the area.
 
 
Title
 
To 5923 CHESTNUT HILL DRIVE (43230), being 4.3± acres located on the south side of Chestnut Hill Drive, 400± feet east of North Hamilton Road, From:  L-C-4, Limited Commercial District, To:  L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts (Rezoning # Z09-006).
 
 
Body
 
WHEREAS, application #Z09-006 is on file with the Building Services Division of the Department of Development requesting rezoning of 4.3± acres from L-C-4, Limited Commercial District, to L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts; and
 
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes that this development has bike racks and a sidewalk connection on Chestnut Hill Drive to the multi-family housing; 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 L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts, with the proposed limitations, provide a transition from the commercial uses along North Hamilton Road and the multi-family residential development to the east.  The request is compatible with development 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:
 
5923 CHESTNUT HILL DRIVE (43230), being 4.3± acres located on the south side of Chestnut Hill Drive, 400± feet east of North Hamilton Road, and being more particularly described as follows:
 
Subarea A
L-AR-12
3.33 Acres
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 2, Range 16, United States Military Lands, being part of that original 5.999 acre tract conveyed to Lurie Family Limited Partnership by deed of record in Instrument Number 200103300065530 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and describe as follows:
 
Beginning, for reference, at the centerline intersection of Hamilton Road with Chestnut Hill Drive of record in Plat Book 75, Page 71;
 
thence South 86° 41' 48" East, with the centerline of said Chestnut Hill Drive, a distance of 513.08 feet to a point;
 
thence South 03° 18' 12" West, across the right-of-way of said Chestnut Hill Drive, a distance of 30.00 feet to a point on the southerly right-of-way line of said Chestnut Hill Drive, being the TRUE POINT OF BEGINNING;
 
thence with said southerly right-of-way line, the following courses and distances:
 
South 86° 41' 48" East, a distance of 61.93 feet to a point of curvature to the left;
 
with the arc of said curve, having a central angle of 28° 20' 50", a radius of 780.00 feet, an arc length of 385.91 feet, a chord bearing and distance of North 79° 07' 47" East, 381.98 feet to a common corner of said 5.999 acre tract and that 3.875 acre tract conveyed to Ridge At Chestnut Hill, LTD. by deed of record in Instrument Number 199802110031377;
 
thence South 03° 25' 13" West, with the line common to said 5.999 and 3.875 acre tracts, a distance of 424.28 feet to a common corner of said 5.999 and 3.875 acre tracts being in the northerly line of the 10.053 acre tract conveyed to Highland Properties, Inc. by deed of record in Instrument Number 200612120246262;
 
thence North 86° 48' 23" West, with the line common to said 5.999 and 10.053 acre tracts, a distance of 371.50 feet to a point;
 
thence across said 5.999 acre tract, the following courses and distances:
 
North 03° 11' 37" East, a distance of 78.00 feet to a point;
 
North 18° 35' 12" West, a distance of 160.31 feet to a point;
 
North 03° 18' 12" East, a distance of 104.70 feet to the TRUE POINT OF BEGINNING and containing 3.33 acres of land, more or less.
 
This zoning description is for zoning purposes only and should not be used for transfer.
 
EVANS, MECHWART, HAMBLETON & TILTON, INC.
 
 
To Rezone From: L-C-4, Limited Commercial District
 
To: L-AR-12, Limited Apartment Residential District
 
 
Subarea B
L-M
0.978 Acres
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 2, Range 16, United States Military Lands, being part of the 5.999 acre tract conveyed to The Lurie Family Limited Partnership by deed of record in Instrument Number 200103300065530, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
 
Beginning, for reference, at the centerline intersection of Hamilton Road and Chestnut Hill Drive of record in Plat Book 75, Page 71, being North 03° 18' 12" East, a distance of 1046.63 feet from Franklin County Geodetic Survey Monument Number 6616 at the centerline intersection of said Hamilton Road and Morse Road;
 
Thence South 86° 41' 48" East, a distance of 545.35 feet, along the centerline of said Chestnut Hill Drive, to a point;
 
Thence South 03° 18' 12" West, a distance of 30.00 feet, to an iron pin set in the southerly right-of-way line of said Chestnut Hill Drive, at the True Point of Beginning;
 
Thence South 86° 41' 48" East, a distance of 52.73 feet, along said southerly right-of-way line, to an iron pin set;
 
The following three (3) courses and distances across said 5.999 acre tract:
 
1.      Thence South 03° 18' 12" West, a distance of 104.70 feet, to an iron pin set;
 
2.      Thence South 18° 35' 12" East, a distance of 160.31 feet, to an iron pin set;
 
3.      Thence South 03° 11' 37" West, a distance of 78.00 feet, to an iron pin set in the northerly line of the 10.158 acre tract conveyed to Highland Properties Inc by deed of record in Instrument Number 200005300105746;
 
Thence North 86° 48' 23" West, a distance of 243.00 feet, along the northerly lines of said 10.158 acre tract, and the 2.005 acre tract conveyed to Highland Properties Inc by deed of record in Official Record 23973H17, to an iron pin set at the southeasterly corner of the 0.992 acre tract conveyed to Ben W. Hale Jr., Trustee by deed of record in Instrument Number 200401280019845;
 
Thence North 03° 18' 12" East, a distance of 160.00 feet, along the easterly line of said 0.992 acre tract, to an iron pin set at the northeasterly corner thereof;
 
The following six (6) courses and distances across said 5.999 acre tract:
 
1.      Thence South 86° 48' 23" East, a distance of 3.10 feet, to an iron pin set;
 
2.      Thence South 70° 44' 31" East, a distance of 41.56 feet, to an iron pin set;
 
3.      Thence South 86° 48' 23" East, a distance of 118.49 feet, to an iron pin set;
 
4.    Thence North 37° 18' 13" East, a distance of 28.04 feet, to an iron pin set;
 
5.    Thence North 18° 35' 12" West, a distance of 125.73 feet, to an iron pin set;
 
6.    Thence North 03° 18' 12" East, a distance of 43.21 feet, to the True Point of Beginning. Containing 0.978 acre of land, more or less.
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
 
The bearings in the above description are based on the bearing of North 03° 18' 12" East for the centerline of Hamilton Road.
 
EVANS, MECHWART, HAMBLETON & TILTON, INC.
 
To Rezone From: L-C-4, Limited Commercial District
 
To: L-M, Limited Manufacturing District
 
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-AR-12, Limited Apartment Residential and L-M, Limited Manufacturing Districts 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 and L-M, Limited Manufacturing Districts 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 "LANDSCAPE PLAN," said text being titled "LIMITATION TEXT," both signed by Jeffrey L. Brown, Attorney for the Applicant, dated  May 28, 2009, and the text reading as follows:
 
LIMITATION TEXT
 
PROPOSED DISTICT: L-AR-12, L-M
PROPERTY ADDRESS:  5923 Chestnut Hill Drive
OWNER:  Lurie Family LP
APPLICANT:  Lurie Family LP
DATE OF TEXT: May 28, 2009
APPLICATION NUMBER: Z09-006
 
1.  Introduction: The site is located on the south side of Chestnut Hill Drive east of Hamilton Road. The multi-family site is adjacent to the existing Ridge at Chestnut Hill apartments. The proposed self-storage facility is located behind existing commercial uses which front on Hamilton Road.
 
2. Subarea A:  L-AR-12
 
PERMITTED USES: Those uses permitted in Section 3333.02 (AR-12) of the Columbus City Code.
 
3. DEVELOPMENT STANDARDS: Useless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3333 AR-12 of the Columbus Code.
 
A. DENSITY, HEIGHT, LOT AND /OR SETBACK COMMITMENTS:
 
1. Building setback from Chestnut Hill Drive shall be fifty feet.
 
2.  Maximum number of dwelling units shall be 36.
 
B. ACCESS, LOADING, PARKING AND/OR OTHER TRAFFIC RELATED COMMITMENTS:
 
N/A
 
C. BUFFERING, LANDSCAPING, OPEN SPACE AND/OR SCREENING COMMITMENTS:
 
1. Within the parking setback along Chestnut Hill Drive the developer shall install 1 tree per 30 feet of frontage and headlight screening for any parking spaces which are adjacent to Chestnut Hill Drive. Headlight screening shall consist of a minimum 3 foot high planting hedge, wall or earth mound, individually or in any combination thereof. In addition a three or four board fence shall be installed within the building setback along the entire Chestnut Hill frontage.
 
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
 
3. One tree shall be planted for every ten parking spaces.
 
4. Minimum tree sizes at installation: deciduous trees 2 ½ inch caliper, ornamental trees 1 ½ inch caliper, and evergreen five feet in height.
 
5.  For structures and paved areas, lot coverage shall not exceed eighty (80) percent.  Internal sidewalks and bikeways shall not be considered as part of lot coverage.
 
D. BUILDING DESIGN AND/OR INTERIOR-EXTERIOR TREATMENT COMMITMENTS:
 
N/A
 
E. DUMPSTERS, LIGHTING, OUTDOOR DISPLAY AREAS AND/OR OTHER ENVIRONMENTAL COMMITMENTS:
 
1. Parking lot lighting standards shall not exceed eighteen feet in height.
 
F. GRAPHICS AND SIGNAGE COMMITMENTS:
 
1. All graphics and signage shall comply with the Graphics Code, Article 15 Title 33 of the Columbus City Code as it applies to the AR-12 Apartment-Residential district. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
 
G. MISCELLANEOUS COMMITMENTS:
 
1. The developer shall comply with the City's parkland dedication ordinance.
 
2.  The developer shall connect the public sidewalk along Chestnut Hill Drive to the site's access drive.
 
3.  The developer shall provide bicycle parking.
 
Subarea B:  L-M
 
2. PERMITTED USES: Those uses permitted in Chapter 3356 C-4 of the Columbus City Code and self storage units. The following uses are not permitted:
animal shelter
crematory
funeral home and services
halfway house
missions/temporary shelters
 
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3363 M, Manufacturing of the Columbus City Code.
 
A. DENSITY, HEIGHT, LOT AND/OR SETBACK COMMITMENTS:
 
1.  The parking spaces on the north side of the self storage building shall be reserved for the restaurant use on tax parcel 545-280873.
 
2.  No truck rentals shall be permitted on the site.
 
B. ACCESS, LOADING, PARKING, AND/OR OTHER TRAFFIC RELATED COMMITMENTS:
 
N/A
 
C. BUFFERING, LANDSCAPING, OPEN SPACES AND/OR SCREENING COMMITMENTS:
 
1. The site shall be landscaped as shown on the conceptual site plan.  The landscape plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that landscaping 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 the submission of the appropriate data regarding the proposed adjustment.
 
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season whichever occurs first.
 
3. Minimum tree sizes at installation: deciduous trees 2 ½ inch caliper, ornamental trees 1 ½ inch caliper, and evergreen five feet in height.
 
4.  For structures and paved areas, lot coverage shall not exceed eighty (80) percent.  Internal sidewalks and bikeways shall not be considered as part of lot coverage.
 
5.  No outside storage or display shall be permitted on the site.
 
D. BUILDING DESIGN AND/OR INTERIOR-EXTERIOR TREATMENT COMMITMENTS:
 
1.  The exterior building material for the self storage building shall be brick veneer with residential style garage doors on the south side of the building.
 
E. DUMPSTERS, LIGHTING, OUTDOOR DISPLAY AREAS AND/OR OTHER ENVIRONMENTAL COMMITMENTS:
 
1. Parking lot lighting standards shall not exceed twenty feet in height and shall have cut-off style fixtures; any lighting on the self storage building shall be shielded to minimize offsite light spillage.
 
F. GRAPHICS AND SIGNAGE COMMITMENTS:
 
1. All graphics and signage shall comply with the Graphics Code, Article 15 Title 33 of the Columbus City Code as it applies to the M, Manufacturing district. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.