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File #: 0483-2004    Version: 1
Type: Ordinance Status: Passed
File created: 3/2/2004 In control: Zoning Committee
On agenda: 5/3/2004 Final action: 5/5/2004
Title: To rezone 2460 BRICE ROAD (43068), being 1.87± acres located on the east side of Brice Road, 520± feet north of Scarborough Boulevard, From: CPD, Commercial Planned Development District, To: L-C-4, Limited Commercial District (Z03-105).
Attachments: 1. ORD0483-2004StaffRpt.pdf, 2. ORD0483-2004Zonemap.pdf, 3. ORD0483-2004Gismap.pdf, 4. ORD0483-2004Aerial.pdf, 5. ORD0483-2004AreaPlan.pdf, 6. ORD0483-2004Disclosure.pdf, 7. ORD0483-2004Labels.pdf
Explanation
 
Rezoning Appliction:  Z03-105.
 
APPLICANT:  GRB Brice Road LLC; ; c/o Jackson B. Reynolds III, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
 
PROPOSED USE:  Commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on February 12, 2004.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-C-4, Limited Commercial District to redevelop a former gasoline station for commercial development is consistent with land use recommendations in the Brice-Tussing Plan (1990) and with zoning and development patterns along this section of Brice Road.  The limitation overlay text contains appropriate use restrictions and development standards that address site access, street trees, headlight screening, lighting and graphics restrictions and installation of a sidewalk along Brice Road.
 
 
 
Title
 
To rezone 2460 BRICE ROAD (43068), being 1.87± acres located on the east side of Brice Road, 520± feet north of  Scarborough Boulevard, From:  CPD, Commercial Planned Development District, To:  L-C-4, Limited Commercial District (Z03-105).
 
 
 
Body
 
WHEREAS, application #Z03-105 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.87± acres, From:  CPD, Commercial Planned Development District, To:  L-C-4, Limited Commercial District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval because the requested L-C-4, Limited Commercial District to redevelop a former gasoline station for commercial development is consistent with land use recommendations in the Brice-Tussing Plan (1990) and with zoning and development patterns along this section of Brice Road.  The limitation overlay text contains appropriate use restrictions and development standards that address site access, street trees, headlight screening, lighting and graphics restrictions and installation of a sidewalk along Brice Road; 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:
 
2460 BRICE ROAD (43068), being 1.87± acres located on the east side of Brice Road, 520± feet north of  Scarborough Boulevard Road, and being more particularly described as follows:
 
ZONING DESCRIPTION FOR 1.866 ACRES
 
2460 Brice Road (43068), being 1.87 ± acres located on the east side of Brice Road 380 ± feet north of Tussing Road, and being more particularly described as follows:
 
Being in the county of Franklin, in the State of Ohio, and in the Township of Truro and bounded and described as follows:
 
Being situated in the State of Ohio, County of Franklin, Township of Truro, Section 24, Half Section 41, Township 12, Range 16, Refugee Lands and being a part of a 120.5 acre tract deeded to Equitable Development Corporation and Country Club Estates, Incorporated, in Deed Book 2407, Page 674, Deed Book 2191, Page 401 and Deed Book 2409, Page 249, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Commencing at an iron pin at the intersection of the centerline of Brice Road with the centerline of Tussing Road and at the southwesterly corner of said 120.5 acre tract and at the southwesterly corner of said Section 24 and at centerline station 0+47.8 of said Brice Road, said iron pin being North 4 degrees 21 minutes 30 seconds East along the centerline of said Brice Road, passing a found iron pin in line at 42.0 feet, a total distance of 47.8 feet from a nail at centerline station 0+00 of said Brice Road;
 
Thence North 4 degrees 21 minutes 30 seconds East along the westerly line of said 120.5 acre tract and along the westerly line of said Section 24 and along the centerline of said Brice Road and along the westerly line of the State of Ohio 0.90 acre tract Parcel 226 (Deed Book 2727, page 299), passing a nail on line at centerline station 1+00 and at the southwesterly corner of said 0.90 acre tract at 52.2 feet, a total distance of 402.20 feet to a spike at centerline station 4+50 of said Brice Road, and the true point of beginning of this description;
 
Thence continuing North 4 degrees 21 minutes 30 seconds East along the westerly line of said 120.5 acre tract and along the westerly line of said Section 24 and along the centerline of said Brice Road a distance of 250.00 feet to a wood stake at station 7+00 of said Brice Road and at the southwesterly corner of the State of Ohio 29.06 acre tract Parcel 226WL (Deed Book 2727, Page 296), and in a southerly limited access line of Interstate Route 70 and at the northwesterly corner of said 0.90 acre tract, the centerline and stations of said Brice Road, and said Parcels 226 and 226WL, and the limited access right-of-way lines of said Interstate Route 70 are shown on Sheets 14 and 19 of Plan FRA-21.29, State of Ohio Highway Department, Division Six, Delaware, Ohio;
 
Thence South 85 degrees 38 minutes 30 seconds East across said 120.5 acre tract and along the southerly line of said 29.06 acre tract and along the northerly line of said 0.90 acre tract and along a southerly limited access line of said Interstate Route 70 and along a line perpendicular to the centerline of said Brice Road, a distance of 100.00 feet to an iron pin at a corner of said 29.06 acre tract and at the northeasterly corner of said 0.90 acre tract;
 
Thence North 8 degrees 31 minutes 10 seconds East along an easterly limited access right-of-way line of said Interstate Route 70 and across said 120.5 acre tract, and along an easterly line of said 29.06 acre tract, a distance of 551.31 feet to an iron pin, 140 feet right of centerline station 12+49.86 of said Brice Road and at a corner of said 29.06 acre tract;
 
Thence South 85 degrees 38 minutes 30 seconds East across said 120.5 acre tract and along the southerly limited access line of said Interstate Route 70 and along a southerly line of said 29.06 acre tract and along a line perpendicular to centerline station 12+49.86 of said Brice Road, a distance of 25.06 feet to an iron pin 125.06 feet right of centerline station 12+49.86 of said Brice Road;
 
Thence South 8 degrees 31 minutes 10 seconds West across said 120.5 acre tract, and along a line 25 feet (measured at right angles) easterly of and parallel to an easterly limited access right-of-way line of said Interstate Route 70 and an easterly line of said 29.06 acre tract, a distance of 551.31 feet to an iron pin 125.06 feet right of centerline section 7+00 of said Brice Road and in the southerly limited access line of said Interstate Route 70 produced easterly;
 
Thence South 85 degrees 38 minutes 30 seconds East across said 120.5 acre tract and along a line perpendicular to centerline station 7+00 of said Brice Road and along the southerly limited access line of said Interstate Route 70 produced easterly, a distance of 144.94 feet to an iron pin;
 
Thence South  4 degrees 21 minutes 30 seconds West across said 120.5 acre tract and parallel to the westerly line of said 120.5 acre tract and the centerline of said Brice Road, a distance of 250.00 feet to an iron pin;
 
Thence North 85 degrees 38 minutes 30 seconds West across said 120.5 acre tract and across said 0.90 acre tract, and passing an iron pin on line in the new easterly right-of-way line of said Brice Road and in the easterly line of said 0.90 acre tract at 199.16 feet, a total distance of 270.00 feet to the place of  beginning, containing 1.866 acres, subject however to all legal highways and easements and restrictions of record and of record in respective utility offices, together with the right of easement to install, use and maintain a six-inch drain tile within the limits of the highway easement and extending from a point in the south line of the property hereby conveyed in a southerly direction, to the ditch in the right-of-way of Tussing Road.
 
To Rezone From:  CPD, Commercial Planned Development District,
 
To:  L-C-4, Limited Commercial District.
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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-C-4, Limited Commercial 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 OVERLAY TEXT DEVELOPMENT PLAN" signed by Jackson B. Reynolds, III, Attorney for the Applicant, dated April 12, 2004, and reading as follows:
 
LIMITATION OVERLAY TEXT DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  L-C-4, Limited Commercial.
 
EXISTING DISTRICT:  CPD.
 
PROPERTY ADDRESS:  2460 Brice Road.
 
OWNER:  Sams East Inc.
 
APPLICANT:  GRB Brice Road LLC.
 
DATE OF TEXT:  04/12/2004.
 
APPLICATION NUMBER:  Z03-105
 
1.  INTRODUCTION:  The site is at the east side of Brice Road to the north of Tussing Road.   The purpose of the rezoning is to allow the redevelopment of vacant site previously used for gasoline sales.
 
2.  PERMITTED USES:  Those uses permitted in Chapter 3356 of Columbus City Code (C-4, Commercial) except for the following uses:  Armory, Billboards, Book bindery, Electric substation, Ice house, Stables, Telephone exchange, and Used Auto Sales.
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code (C-4, Commercial District).
 
A.  Density, Height, Lot and/or Setback commitments.
 
N/A
 
B.  Access, Loading, Parking and/or other Traffic related commitments.
 
1.  The proposed reconfigured curb cuts on to Brice Road will be reviewed and approved by the Columbus Transportation Division before the installation of the improvement.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Street trees shall be planted within the parking setback along the Brice Road frontage.
 
2.  Within the parking setback area along Brice Road a three-foot average height continuous (except at access points) planting hedge, fence, wall, earth mound or combination hereof shall be installed.
 
3.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months.
 
4.  All trees meet the following minimum size at the time of planting:  Shade trees 2.5" caliper; Ornamental trees 1.5" caliper; Evergreen trees 5 feet in height.  Caliper shall be measured six (6) inches above grade.
 
D.  Building design and/or Interior-Exterior treatment commitments.
 
1.  Mechanical equipment or other utility hardware on the roof of a building shall be screened to the height of the equipment.
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.  All external outdoor lighting including any wall packs shall be cut-off fixtures (down lighting) and shall be designed and placed to prevent spillage of light off the site and to prevent glare visible from the property lines.
 
2.  Except for decorative lighting, all other light poles shall be metal and such light poles shall be of the same color.  Light poles in the parking lots shall not exceed 28 feet in height.
 
3.  Dumpsters shall be screened on three sides with a fence, wall or landscaping to a height of six feet with a gate on the fourth side.
 
F.  Graphics and Signage commitments.
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to the sign requirements shall be submitted o the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous commitments.
 
At the time of development the developer shall install a sidewalk along its Brice Road frontage.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.