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File #: 2150-2006    Version:
Type: Ordinance Status: Passed
File created: 11/16/2006 In control: Zoning Committee
On agenda: 3/5/2007 Final action: 3/8/2007
Title: To rezone 106 EAST MOLER STREET (43207), being 0.73± acres located at the northwest and southwest corners of East Moler and South Fourth Streets, From: R-2F, Residential, C-4, Commercial, and L-P-1, Limited Parking Districts. To: L-AR-3, Limited Apartment Residential District . (Rezoning # Z06-051)
Attachments: 1. Amendment ORD2150-2006attchmnts.pdf, 2. City Council Data Form_Z06-051.pdf, 3. ORD2150-2006lbls.pdf
Explanation
 
Rezoning Application Z06-051
 
APPLICANT:  Doug Tenebaum and Nageb Dean; c/o Jeffrey L. Brown, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
      
PROPOSED USE:  Multi-family residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (5-0) on September 14, 2006.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-AR-3, Limited Apartment Residential District will allow re-use of an existing industrial structure slated for preservation in The South Side Plan (2002) and the construction of new architecturally compatible multi-family dwellings consistent with the zoning and development patterns of the area.
 
 
 
Title
 
To rezone 106 EAST MOLER STREET (43207), being 0.73± acres located at the northwest and  southwest corners of East Moler and South Fourth Streets, From:  R-2F, Residential, C-4, Commercial, and L-P-1, Limited Parking Districts.  To:  L-AR-3, Limited Apartment Residential District . (Rezoning # Z06-051)
 
 
 
Body
 
WHEREAS, application #Z06-051 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.73± acres from R-2F, Residential, C-4, Commercial, and L-P-1, Limited Parking Districts, to L-AR-3, 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 because the requested L-AR-3, Limited Apartment Residential District will allow re-use of an existing industrial structure slated for preservation in The South Side Plan (2002) and the construction of new architecturally compatible multi-family dwellings consistent with the zoning and development patterns of 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:
 
106 EAST MOLER STREET (43207), being 0.73± acres located at the northwest and  southwest corners of East Moler and South Fourth Streets, being more particularly described as follows:
 
Description of a 0.33 Acre
Tract for Zoning  
 
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lot No.13 of the Nathaniel Merion Amended Subdivision of record in Plat Book 1, Page 96, and all of Lots 13 and 14 of the Richter and Kiesewette Subdivision of record in Plat Book 2, Page 200, as conveyed to John P. & Mary E. Schneider in Official Record 31226 J15, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows;
 
Beginning at the intersection of the northerly right-of-way line of East Moler Street and westerly right-of-way line of South Fourth Street, said point also being the southeasterly corner of Lot No.13 of the Nathaniel Merion Amended Subdivision and the TRUE PLACE OF BEGINNING;
 
thence North 89°55'50" West, 103.00 feet, in the southerly lines of said Lot No. 13 of Merion's Subdivision and said Lots 13 and 14 of Richter and Kiesewette's Subdivision and the northerly right-of-way line of East Moler Street to a point of intersection with the common line between Lots 14 and 15 of said Richter and Kiesewette Subdivision;
 
thence North 00°00'00" East, 140.00 feet, in said common line between Lot 14 and Lot 15 to a point of intersection with the southerly right-of-way line of a 15 foot alley;
 
thence South 89°55'50" East, 103.00 feet, in the northerly lines of said Lots 14 and 13 of Richter and Kiesewette's Subdivision, the northerly line of said Lot No. 13 of Nathaniel Merion's Amended Subdivision and the southerly right-of-way line of the 15 foot alley to a point at the northeasterly corner of Lot 13 of the Merion's Subdivision and the westerly right-of-way line of South Fourth Street;
 
thence South 00°00'00" West, 140.00 feet, in the easterly line of Merion's Lot No. 13 and  the westerly right-of-way line of South Fourth Street to the TRUE PLACE OF BEGINNING and containing 0.33 acres of land, more or less.
 
This description is based on the deed descriptions referenced above and an assumed bearing of South 00°00'00" West for the centerline of South Fourth Street and is to be used for zoning purposes only.
 
Subject to all easements, restrictions and right-of-ways of record.
 
To Rezone From:  R-2F, Residential and C-4, Commercial Districts,
 
To:  L-AR-3, Limited Apartment Residential District.
 
Description of a 0.402 Acre
Tract for Zoning
 
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lots 39, 40, 41 and all of Lots 42 and 43 of Jenkin's Merion Addition of record in Plat Book 2, Page 348, as conveyed to John P. & Mary E. Schneider by Official Record 31226 J14, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows;
 
Beginning at an iron pin found at the intersection of the southerly right-of-way line of East Moler Street and the westerly right-of-way line of South Fourth Street, said point also being the northeasterly corner of Lot 39 and the TRUE PLACE OF BEGINNING;
 
thence South 00°00'00" East, 150.09 feet, in the easterly lines of said Lots 39, 40, 41, 42 and 43 and the westerly right-of-way line of South Fourth Street to an iron pin found at the southeasterly corner of Lot 43;
 
thence North 89°55'50" West, 158.31 feet, in the southerly line of Lot 43 to an iron pin found at the southwesterly corner of Lot 43 and in the easterly right-of-way line of a 20 foot alley,
 
thence North 01°03'26" West, 69.12 feet, in the westerly lines of said Lots 43, 42 and 41, and the easterly right-of-way line of said 20 foot alley to an iron pin found;
 
thence South 89°55'50" East, 79.26 feet, crossing into Lot 41 to an iron pin found;
 
thence North 00°00'00" East, 80.98 feet, to an iron pin found in the northerly line of Lot 39 and the southerly right-of-way line of East Moler Street;
 
thence South 89°55'50" East, 80.33 feet, in the northerly line of Lot 39 and the southerly right-of-way line of East Moler Street, to the TRUE PLACE OF BEGINNING and containing 0.402 acres of land, more or less.
 
This description is based on the deed descriptions referenced above and a survey by Landmark Surveying, and is to be used for zoning purposes only.
 
For this description, a bearing of South 00°00'00" East was assumed for the centerline of South Fourth Street.
 
Subject to all easements, restrictions and right-of-ways of record.
 
To Rezone From:  L-P-1,Limited Parking District,
 
To:  L-AR-3, Limited Apartment Residential District.
 
SECTION 2.  That a Height District of thirty-five (35) feet is hereby established on the L-AR-3, 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-3, 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 plans being titled " S. FOURTH STREET / E. MOLER STREET," signed by Jeffrey L. Brown, Attorney for the Applicant,  dated  September 26, 2006, "EXHIBIT A," signed by Jeffrey L. Brown, Attorney for the Applicant, dated February 27,2007 and " EXHIBIT B," signed by Jeffrey L. Brown, Attorney for the Applicant, all dated  September 26, 2006 signed by Jeffrey L. Brown, Attorney for the Applicant, dated February 15,2007, said text being titled, "LIMITATION TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, dated  September 7, 2006 March 5, 2007, and reading as follows:
 
LIMITATION TEXT
 
PROPOSED DISTRICT: L-AR-3, Limited Apartment Residential District
PROPERTY ADDRESS: 106 East Moler Road
OWNER: John P. & Mary E. Schneider
APPLICANT: Doug Tenenbaum & Nageb Deen
DATE OF TEXT: 9/7/06
APPLICATION NUMBER: Z06-051
 
1.  INTRODUCTION: The applicant wants to redevelop and expand an existing industrial building for residential use and construct a new residential building on the west side of Fourth Street at Moler Street.
 
2.  PERMITTED USES: Those uses permitted in Section 3333.03 of the Columbus City Code.
 
3.  DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or site plan the applicable development standards are contained in Chapter 3333 of the Columbus City Code.
 
A.  Density, Lot and/or Setback Commitments.
 
1.  The maximum number of dwelling units north of Moler Street shall be nineteen (19); the maximum number of dwelling units south of Moler Street shall be fourteen (14).
 
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
 
1.  Access points shall be subject to the review and approval of the City's Transportation Division.
 
C.  Buffering, Landscaping, Open Space, and/or Screening Commitments.
 
1.  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.  Existing vegetation shall be maintained and preserved when reasonable.
 
2.  All trees shall meet the following minimum size at the time of planting:
Deciduous trees 2 ½" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height.  Tree caliper is measured six (6) inches from the ground.  Minimum size of shrubs at installation shall be 2 gallon.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  The buildings shall be developed in accordance with the submitted building elevations.  The building elevations may be slightly adjusted to reflect engineering, building material or other site data developed at the time of development and engineering and building plans are completed.  Any slight adjustment to the elevations is subject to review and approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
E.  Lighting, Outdoor Display Areas and/or Environmental Commitments.
 
1.  The maximum height of parking lot lighting poles shall be 14 feet.
 
F.  Graphics and/or 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-3 District and any variance to the sign requirement shall be submitted to the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous Commitments.
 
1.  The applicant shall comply with the parkland dedication requirement.
 
2.  The subject site shall be developed in accordance with the submitted site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed.  Any slight adjustment to the 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.
 
LIMITATION TEXT
 
PROPOSED DISTRICT: L-AR-3, Limited Apartment Residential District
PROPERTY ADDRESS: 106 East Moler Road
OWNER: John P. & Mary E. Schneider
APPLICANT: Doug Tenenbaum & Nageb Deen
DATE OF TEXT:  3/5/07
APPLICATION NUMBER: Z06-051
 
1.  INTRODUCTION: The applicant wants to redevelop and expand an existing industrial building for residential and construct a new residential building on the  west  side of Fourth Street.
 
2.  PERMITTED USES: Those uses permitted in Section 3333.03 of the Columbus City Code.
 
3.  DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted text or site plan the applicable development standards are contained in Chapter 3333 of the Columbus City Code.
 
A.  Density, Lot and/or Setback Commitments.
 
1.  The maximum number of dwelling units north of Moler Street shall be nineteen (19); the maximum number of dwelling units south of Moler Street shall be fourteen (14).
 
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
 
1.  Access points shall be subject to the review and approval of the City's Transportation Division.
 
C.  Buffering, Landscaping, Open Space, and/or Screening Commitments.
 
1.  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.  Existing vegetation shall be maintained and preserved when reasonable.
 
2.  All trees shall meet the following minimum size at the time of planting:
Deciduous trees 2 ½" caliper; Ornamental trees 1 ½" caliper; Evergreen trees 5 feet in height.  Tree caliper is measured six (6) inches from the ground.  Minimum size of shrubs at installation shall be 2 gallon.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  The buildings shall be developed in accordance with the submitted building elevations.  The building elevations may be slightly adjusted to reflect engineering, architectural detailing or other  building  data developed at the time of development and engineering and building plans are completed.  Any slight adjustment to the elevations  shall be reviewed and may be approved  by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
E.  Lighting, Outdoor Display Areas and/or Environmental Commitments.
 
1.  The maximum height of parking lot lighting poles shall be 14 feet and shall be cut-off type fixtures.
 
F.  Graphics and/or 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-3 District and any variance to the sign requirement shall be submitted to the Columbus Graphics Commission for consideration.
 
 
G.  Miscellaneous Commitments.
 
1.  The subject site shall be developed in accordance with the submitted site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed.  Any slight adjustment to the 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.