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File #: 0653-2005    Version: 1
Type: Ordinance Status: Passed
File created: 3/25/2005 In control: Zoning Committee
On agenda: 4/18/2005 Final action: 4/20/2005
Title: To rezone 5635 FEDER ROAD (43219), being 8.3± acres located at the southeast corner of Feder Road and Hartford Village Boulevard, From: CPD, Commercial Planned Development District, To: L-AR-12, Limited Apartment Residential District (Rezoning Z04-085).
Attachments: 1. ORD 0653-2005 Staff rpt.pdf, 2. ORD 0653-2005 zone.pdf, 3. ORD 0653-2005 gis.pdf, 4. Z04-085 area plan.pdf, 5. ORD 0653-2005 Disclosure.pdf, 6. ORD 0653-2005 labels.pdf, 7. Z04-085 Data Form.pdf
Explanation
 
REZONING APPLICATION:  Z04-085
 
APPLICANT:  Village Communities; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
 
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on January 13, 2005.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The applicant is requesting the L-AR-12, Limited Apartment Residential District for multi-family residential development.  Although the applicable area plan recommends commercial land use at the southwest corner of Feder Road and Interstate 70, deviation from the area plan is warranted because commercial zoning is preserved along Feder Road and the proposed use is consistent with existing multi-family residential development directly west and south of the site. The limitation text provides customary development standards for site access, sidewalks, exterior building materials, landscaping, and lighting and graphics restrictions.
 
 
Title
 
To rezone 5635 FEDER ROAD (43219), being 8.3± acres located at the southeast corner of Feder Road and Hartford Village Boulevard, From:  CPD, Commercial Planned Development District, To:  L-AR-12, Limited Apartment Residential District (Rezoning Z04-085).
 
 
Body
 
WHEREAS, application #Z04-085 is on file with the Building Services Division of the Department of Development requesting rezoning of 8.3± acres from CPD, Commercial Planned Development District, to L-AR-12, Limited Apartment Residential District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change from CPD, Commercial Planned Development District to the L-AR-12, Apartment Residential District for multi-family residential development because commercial zoning is preserved along Feder Road, the proposed use is consistent with existing multi-family residential development directly west and south of the site, and the limitation text provides customary development standards for site access, sidewalks, exterior building materials, landscaping, and lighting and graphics restrictions, 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:
 
5635 FEDER ROAD (43219), being 8.35± acres located at the southeast corner of Feder Road and Hartford Village Boulevard, and being more particularly described as follows:
 
DESCRIPTION OF A 8.315 ACRE TRACT OF LAND LOCATED SOUTH OF FEDER ROAD BETWEEN HILLIARD-ROME ROAD AND DOHERTY ROAD, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 7326, containing 8.315 acres of land, more or less, said 8.315 acre tract of land being out of that original 37.932 acre tract of land referred to as PARCEL II and described in the deed to Triangle Properties, Inc. of record in Instrument No. 199808270218031, Recorder's Office, Franklin County, Ohio, said 8.315 acre being more particularly described as follows:
 
Beginning, for reference, at the centerline intersection of Hilliard-Rome Road and Feder Road; thence N86W, with the centerline of said Feder Road, a distance of 586.44 feet to a point; thence S3º51'44"W, a distance of 50.00 feet to a P.K. nail found at the true point of beginning at the northwesterly corner of that 1.293 acre tract of land described in the deed to D & Z Ice Cream, Ltd. of record in Instrument No. 200112120289305 Recorder's Office, Franklin County, Ohio;
 
Thence, from said true point of beginning, S3W, with the westerly line of said 1.293 acre tract, a distance of 340.00 feet to a 3/4-inch (I.D.) iron pipe found;
Thence S86º17'31"E, with the southerly line of said 1.293 acre tract, a distance of 50.65 feet to a 3/4-inch (I.D.) iron pipe found in a northwesterly corner of that 1.629 acre tract of land referred to PARCEL ONE and described in the deed to Prayosha Hotels Ltd. of record in Instrument No. 199908160207827, Recorder's Office, Franklin County, Ohio;
 
Thence S3º45'22"W, with the westerly line of said 1.629 acre tract, a distance of 180.00 feet to a 3/4-inch (I.D.) iron pipe found in the southwesterly corner of said 1.629 acre tract;
 
Thence S86º14'38"E, with the southerly line of said 1.629 acre tract, a distance of 299.67 feet to a 3/4-inch (I.D.) iron pipe found in the southeasterly corner of said 1.629 acre tract, said iron pipe also being in the easterly line of said 37.932 acre tract and in the westerly line of that 61.50 acre tract of land described in Exhibit "A" of the deed to Ruth Ann Hoffman, Larry Lee Hoffman and Roy Lee Hoffman of record in Official Record 05431H02, Recorder's Office, Franklin County, Ohio;
 
Thence S3º51'44"W, with the easterly line of said 37.932 acre tract and the westerly line of said 61.50 acre tract, a distance of 609.28 feet to a 3/4-inch (I.D.) iron pipe found at the southwesterly corner of said 61.50 acre tract the same being at an internal corner of said 61.500 acre tract;
 
Thence N86º01'22"W, with a northerly line of said 61.500 acre tract and with a northerly line of that 16.480 acre tract of land referred to as PARCEL I and described in Exhibit "A" in the deed to Marcus Pohlman Properties 1, LLC of record in Instrument No. 200007240145759, a distance of 541.37 feet to a 3/4-inch (I.D.) iron pipe found in the easterly line of said 16.480 acre tract;
 
Thence northwardly and northwestwardly, with the easterly line of said 16.480 acre tract, the following eleven (11) courses and distances:
 
thence N29º52'53"E, a distance of 208.13 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence northwardly, with the arc of a curve to the left, having a radius of 330.00 feet, a central angle of 25º46'43" and a chord that bears N16º59'32"E, a chord distance of 147.23 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence N4º06'10"E, a distance of 11.03 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence northwardly, with the arc of a curve to the left, having a radius of 330.00 feet, a central angle of 37º39'40" and a chord that bears N14º43'40"W, a chord distance of 213.03 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence N33º33'30"W, a distance of 42.36 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence northwardly, with the arc of a curve to the right, having a radius of 370.00 feet, a central angle of 37º39'40" and a chord that bears N14º43'40"W, a chord distance of 238.85 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence N4º06'10"E, a distance of 101.03 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence northwardly, with the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 2º51'45" and a chord that bears N5º32'03"E, a chord distance of 24.98 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence N6º57'55"E, a distance of 75.14 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence northwardly, with the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 2º51'45" and a chord that bears N5º32'03"E, a chord distance of 24.98 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence N4º06'10"E, a distance of 97.70 feet to a 3/4-inch (I.D.) iron pipe found at the northeasterly corner of said 16.480 acre tract, the same being in the southerly right-of-way line of said Feder Road and located 50.00 feet southerly from, as measured at right angles, the centerline of said Feder Road;
 
Thence S86º14'34"E, parallel with and 50.00 feet southerly from as measured at right angles the centerline of said Feder Road, a distance of 50.00 feet to a 3/4-inch (I.D.) iron pipe found at the northwesterly corner of that 1.036 acre tract of land described in the deed to Crawford Hoying Ltd. of record in Instrument No. 200208160202770, Recorder's Office, Franklin County, Ohio;
 
Thence southwardly, with the westerly line of said 1.036 acre tract the following six (6) courses and distances:
 
thence S4º06'10"W, a distance of 98.00 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence southwardly, with the arc of a curve to the right, having a radius of 550.00 feet, a central angle of 2º51'45" and a chord that bears S5º32'03"W, a chord distance of 27.47 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence S6º57'55"W, a distance of 75.14 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
 
thence southwardly, with the arc of a curve to the left, having a radius of 450.00 feet, a central angle of 2º51'45" and a chord that bears S5º32'03"W, a chord distance of 22.48 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
 
thence S4º06'10"W, a distance of 101.03 feet to a P.K. nail found at a point of curvature;
 
thence southwardly, with the arc of a curve to the left, having a radius of 320.00 feet, a central angle of 2º52'09" and a chord that bears S2º40'05"W, a chord distance of 16.02 feet to a 3/4-inch (I.D.) iron pipe found at the southwesterly corner of said 1.036 acre tract;
 
Thence S86º14'38"E, with the southerly line of said 1.036 acre tract, a distance of 135.39 feet to a 3/4-inch (I.D.) iron pipe found at the southeasterly corner of said 1.036 acre tract;
 
Thence N3º51'44"E, with the easterly line of said 1.036 acre tract, a distance of 340.00 feet to a 3/4-inch (I.D.) iron pipe found at the northeasterly corner of said 1.036 acre tract, said iron pipe also being located 50.00 feet southerly from, as measured at right angles, the centerline of Feder Road;
 
Thence S86º14'38"E, parallel with and 50.00 feet southerly from as measured at right angles the centerline of said Feder Road, a distance of 50.00 feet to the true point of beginning and containing 8.315 acres of land, more or less.
 
Subject to all rights-of-way, easements and restrictions, if any, of previous record.
 
The bearings given in this description correspond to the bearing S86º14'38"E as given for the centerline of Feder Road and as shown on the Centerline Survey Plat for Interstate Route 70 Sec. 3.41 on file with the Ohio Department of Transportation.
 
We hereby state that the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in September and October of 2004.
 
BAUER, DAVIDSON & MERCHANT, INC., Consulting Engineers, Robert B. Stover, Professional Surveyor No. 7244.
 
To Rezone From: from CPD, Commercial Planned Development 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 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 text being titled, "LIMITATION TEXT," signed on March 1, 2005 by Jeffrey L. Brown, attorney for the applicant, and the text reading as follows:
 
LIMITATION TEXT
 
PROPOSED DISTRICT:  L-AR-12
 
PROPERTY ADDRESS:  5635 Feder Road  
 
OWNER:  Village Communities Corporation
 
APPLICANT:  Triangle Properties, Inc.
 
DATE OF TEXT:  3/1/05
 
APPLICATION NUMBER:  Z04-085
 
1.  INTRODUCTION:   The site is located on the south side of Feder Road behind a car wash and an office building.
 
2. PERMITTED USES: Those uses permitted in Section 3333.02, AR-12 of the Columbus City Code.
 
3. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3333 of the Columbus City Code.  
 
A.  Density, Lot, Height and/or Setback Commitments.  
      
1.  The building, parking and maneuvering setback from Hartford Village Blvd. (private street) shall be 25 feet.
      
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
 
1.  All circulation curb-cuts and access points shall be subject to the approval of the City's Division of Transportation.  The only access to this site shall be from Hartford Village Blvd. (a private street).
 
C.   Buffering, Landscaping, Open Space, and/or Screening Commitments.
 
1.  The developer shall install street trees 30 feet on center within the perimeter yard along the portion of the west property line adjacent to Hartford Village Blvd. (private street) up to a point along Hartford Village Blvd. which is 350 feet from the Feder Road right of way.
 
2.  The developer shall install two (2) shade trees, two (2) evergreen trees, two (2) ornamental trees and six (6) shrubs per building within the complex for landscaping purposes.
 
3.  The two strips of land extending 340± feet south of Feder Road between Hartford Village Boulevard and Tax Parcel 010-262757 and between Tax Parcels 010-262757 and 010-259869 shall be landscaped in grass, except for the sidewalk required along Hartford Village Boulevard in Section 3.G.1 of this limitation text.
 
4.  All trees and landscaping shall be well maintained.  Dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
 
5.   All trees shall meet the following minimum size at the time of planting:  Shade trees 2 1/2" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height.  Tree caliper is measured six (6) inches from the ground.
 
6.  Minimum size of shrubs at installation shall be two (2) gallon.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  The building materials for the units shall be brick and vinyl and the water table area, of the front elevation, shall be constructed of a decorative split face block.
 
E.  Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
 
1.  Light fixtures shall not exceed 18 feet.
 
2.  All external outdoor lighting fixtures to be used shall from the same or similar manufacturer's type to insure compatibility.
 
F.  Graphics and/or Signage Commitments.
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous Commitments.
 
1.  The developer shall install a sidewalk along its entire Hartford Village Blvd. frontage except at the access point.
 
2.  The developer shall comply with the City's parkland dedication ordinance by making a cash contribution to the City of Columbus of $19,250 at the time of zoning clearance.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.