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File #: 1614-2009    Version: 1
Type: Ordinance Status: Passed
File created: 11/17/2009 In control: Zoning Committee
On agenda: 12/7/2009 Final action: 12/9/2009
Title: To rezone 1250 BRADY DRIVE (43231), being 1.82± acres located on the east side of Brady Drive, 426± feet south of Hampstead Drive, From: L-AR-12, Limited Apartment Residential, and C-2, Commercial Districts, To: L-M, Limited Manufacturing District (Rezoning # Z09-027).
Attachments: 1. ORD1614-2009Attachments.pdf, 2. ORD1614-2009Labels.pdf, 3. ORD1614-2009DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Rezoning Application Z09-027
 
APPLICANT:  B&I Group LLC; c/o Laura MacGregor Comek, Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
      
PROPOSED USE:  Self-storage facility or limited commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-1) on November 12, 2009.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested L-M, Limited Manufacturing District will allow a self storage facility with accessory truck rental or C-2 commercial development.  The limitation text commits to a site plan and includes development standards that address use restrictions, landscaping, buffering, screening, exterior building materials, and lighting controls.  The proposal includes bicycle parking to address Columbus Healthy Places comments and contains restrictions for the maximum number and parking location of rental trucks.  The requested L-M, Limited Manufacturing District, with the proposed limitations, provides a transition from the commercial uses along Cleveland Avenue and the multi-family residential development to the south and west.  The limitations prohibiting doors from facing the adjacent residences along with the extensive buffering and screening along the property lines will ensure that the proposal is compatible with the surrounding development.  The request is consistent with similar requests for self-storage facilities adjacent to residential developments.
 
Title
 
To rezone 1250 BRADY DRIVE (43231), being 1.82± acres located on the east side of Brady Drive, 426± feet south of Hampstead Drive, From:  L-AR-12, Limited Apartment Residential, and C-2, Commercial Districts, To:  L-M, Limited Manufacturing District (Rezoning # Z09-027).
 
 
Body
 
WHEREAS, application #Z09-027 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.82± acres from L-AR-12, Limited Apartment Residential, and C-2, Commercial Districts, to L-M, Limited Manufacturing District; and
 
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes that this development has bike racks for customers or employees that ride their bike by choice or because of limited alternatives; 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-M, Limited Manufacturing District, with the proposed limitations, provides a transition from the commercial uses along Cleveland Avenue and the multi-family residential development to the south and west.  The limitations prohibiting doors from facing the adjacent residences along with the extensive buffering and screening along the property lines will ensure that the proposal is compatible with the surrounding development.  The request is consistent with similar requests for self-storage facilities adjacent to residential developments, 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:
 
1250 BRADY DRIVE (43231), being 1.82± acres located on the east side of Brady Drive, 426± feet south of Hampstead Drive, and being more particularly described as follows:
 
Tract 1
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter township 4, Township 2, Range 18, United States Military Lands containing 1.714 acres of land, more or less, said 1.714 acres being part of that 3.763 acres tract referred to as PARCEL 1, and part of that 3.764 acre tract, referred to as PARCEL 2, both being described in the Certificate of Transfer to Ines Lusignolo et al (6) of record in Deed Book 3094, Page 446, Recorder's Office, Franklin County, Ohio, said 1.714 acres being more particularly described as follows:
 
Beginning, for reference, at a point in the centerline of Cleveland Avenue, as the same is shown and delineated upon the recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive, of record in Plat Book 62, Page 68, Recorder's Office, Franklin County, Ohio, said point being the southeasterly corner of said PARCEL 1, said reference point also being in the northeasterly corner of that 8.350 acre tract of land described in the deed to Winthrop Court Apartments of Columbus, Ltd., of record in Official Record 05151C09, Recorder's Office, Franklin County, Ohio, thence N-86º 44' 52"W,  with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 439.51 feet to a 3/4 inch (I.D.) iron pipe at the true point of beginning;
 
Thence from said true point of beginning N-86º 44' 52" W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 478.15 feet to a 3/4-inch (I.D.) iron pipe at the northeasterly corner of Brady Drive, as the same is shown and delineated upon the said recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive;
 
Thence northwardly, with the arc of a curve to the right, having a radius of 575.00 feet, a central angle of 5º 21' 84" and a chord that bears N-18º 28' 19" W, a chord distance of 53.82 feet to a 3/4-inch (I.D.) iron pipe;
 
Thence S-86º 44' 52" E, parallel with and 50.00 feet northerly from as measured at right angles, the southerly line of said PARCEL 1, the same being the northerly line of said 8.350 acre tract, a distance of 223.32 feet to a 3/4-inch (I.D.) iron pipe;
 
Thence N-3º 32' 40" E, crossing said PARCEL 1 and PARCEL 2, a distance of 183.29 feet to a 3/4-inch (I.D.) iron pipe in the northerly line of said PARCEL 2, the same being the southerly line of that 3.765 acre tract of land described in the deed to Northland Masonic Temple Corporation, of record in Deed Book 3169, Page 75, Recorder's Office, Franklin County, Ohio;
 
Thence S-86º 27' 20" E, with the northerly line of said PARCEL 2 and with the southerly line of said 3.765 acre tract, a distance of 275.00 feet to a 3/4-inch (I.D.) iron pipe;
 
Thence S-3º 32' 40" W, crossing said PARCEL 2 and  PARCEL 1, a distance of 231.69 feet to the true point of beginning and containing 1.714 acres of land, more or less;
 
Subject to all rights-of-way, easements, legal highways and restrictions, if any, of previous record,
 
The bearings referred to in the above description were based on an assumed meridian.
 
To Rezone From: L-AR-12, Limited Apartment Residential, and C-2, Commercial Districts
 
To: L-M, Limited Manufacturing District
 
 
Tract 2
 
Situated in the State of Ohio, Franklin County, City of Columbus, being part of Quarter Township 4, Township 2, Range 18, United States Military Lands.  Being part of a 1.696 acre tract conveyed to B&I Group, LLC, recorded in Instrument Number 200812110178483 of the Franklin County Recorder's Office, being more particularly described as follows:
 
Commencing at a point in the centerline of Cleveland Avenue as shown on the STREET DEDICATION PLAT FOR CLEVELAND AVENUE AND BRADY DRIVE as shown in Plat Book 62, Page 68 of the Franklin County Recorder's Office, said point being the northeasterly corner of an original 8.350 acre tract conveyed to Winthrop Court Apartments of Columbus, Ltd., recorded in Official Record 05151 Page C09;
 
Thence, North 86°44'52" West along the northerly line of said 8.350 acre Winthrop Court Apartments of Ohio, Ltd. tract for a distance of 439.51 feet to a 5/8" rebar found with Lee Surveying cap at the southwest corner of the above referenced 1.696 acre B&I Group, LLC tract;
 
Thence, North 03°34'32" East along the westerly line of said 1.696 acre B&I Group, LLC tract, the easterly line of a 1.714 acre tract conveyed to B&I Group, LLC, recorded in Instrument Number 200812110178483 for a distance of 148.23 feet to a 3/4" iron pipe set at the TRUE POINT of BEGINNING for the herein described tract:
 
Thence, North 03°34'32" East continuing along the above referenced line for a distance of 83.68 feet to a 5/8" rebar found with Lee Surveying cap on the south line of an original 3.765 acre tract conveyed to the Northland Masonic Temple Corporation (Deed Volume 3169, Page 75), currently listed as 1.765 acres by Franklin County Auditor's Records and being the northwest corner of the above referenced 1.696 acre B&I Group, LLC tract;
 
Thence, South 86°27'36" East along the south line of said current 1.765 acre Northland Masonic Temple Corporation tract, the north line of said 1.696 acre B&I Group, LLC tract for a distance of 56.83 feet to a 3/4" iron pipe set;
 
Thence, South 03°32'24" West into said 1.696 acre B&I Group, LLC tract for a distance of 83.71 feet to a 3/4" iron pipe set;
 
Thence, North 86°25'28" West for a distance of 56.88 feet to the TRUE POINT of BEGINNING.
 
Containing 0.109 acres, more or less together with and subject to covenants, easements, and restrictions of record.
All iron pipes set are 3/4" iron pipe being 30" inches in length with plastic cap inscribed "Sands Decker".
 
Bearings are based on the south line of the B&I Group, LLC 1.696 acre tract as North 86°44'52" West as referenced in Instrument Number 200812110178483 of the Franklin County Recorder's Office, of which the above described acreage is a part of.
 
This description is based on an actual field survey performed by Sands Decker CPS, LLC in August 2009.
 
To Rezone From: C-2, 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-M, Limited Manufacturing 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-M, Limited Manufacturing District 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, "CLEVELAND AVENUE SELF STORAGE," said text being titled, "DEVELOPMENT TEXT," both signed by Laura MacGregor Comek, Attorney for the Applicant, dated  November 5, 2009, and the text reading as follows:
 
Development Text
L-M, Limited Manufacturing
1250 Brady Drive
1.823+ Acres
 
Existing District: C-2, Commercial District; L-AR-12, Limited Apartment Residential District.
 
Proposed District: LM, Limited Manufacturing
 
Property Address: 1250 Brady Drive
 
Owner: B&I Group, LLC, 5612 Windwood Drive, Dublin, Ohio 43017
 
Owner/Applicant: B&I Group, LLC, 5869 Cleveland Avenue, Columbus, Ohio 43231, c/o Laura MacGregor Comek, Esq., CRABBE, BROWN & JAMES, LLP, 500 S. Front Street, Suite 1200, Columbus, Ohio 43215 <::ODMA\:GRPWISE\CBJPS.Columbus.CBJPS_Library:357824.1?|x?>.
 
Date of Text:   November 5, 2009
 
Zoning Application No.:   Z09-027
 
INTRODUCTION: The subject property ("Site") consists of 1.823+ acres situated between Brady Drive and Cleveland Avenue, and generally located between S.R. 161 and Morse Road, south of Hampstead Drive.  The Site is zoned C-2 (Z85-026), and represents a residual vacant tract surrounded by development of various types.  The access strip to the site from Brady Drive is zoned L-AR-12.  The Site is immediately surrounded by such uses as offices, a church, and multi-family development.  
 
The proposed rezoning for this Site contemplates a self-storage unit business, to the rear of the Owner's existing office building fronting Cleveland Avenue.  Although the proposed use is commercial in nature, the storage aspect of the business requires a rezoning to the M, Manufacturing district.  This Development Text includes standards intended to maximize the compatibility of the development with that of the surrounding uses.
 
The Site is located within the boundaries of the Northland Community Council and the Northland Plan, Volume I.
 
1.      PERMITTED USES
Self-storage units (per C.C.C. §3363.01 - M, Manufacturing District) with accessory truck rentals (per C.C.C. §3356.03 - C-4 District); and all uses per §3353.03 - C-2, Office Commercial District.
 
2.  DEVELOPMENT STANDARDS
Unless otherwise indicated herein, the applicable development standards shall be those standards contained in Chapter 3363 (M, Manufacturing District) of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback Commitments.
1.  Building Setbacks:  The minimum building setback from the property's west property line (exclusive of the access drive) shall be 25 feet.   
 
2.  Parking, and Maneuvering Setback:  The minimum paving setback shall be fifteen (15) feet from the north, west and south property lines, and five (5) feet from the east property line, where the site abuts the rear of the Owner's existing office development.  The parking of commercial trucks (i.e., moving trucks), shall be prohibited within the front building setback, and the use of said trucks for advertising purposes is strictly prohibited.
 
3.  Lot coverage shall not exceed eight (80%) percent.
 
 
 
B.  Access, Loading, parking and/or Other Traffic Related Commitments.
1.  Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Planning and Operations Division.
 
2. As shown on the submitted site plan, a maximum of five (5) rental trucks may be utilized and must be parked in the designated spaces at the rear of the site, as shown on the site plan.
 
 
C.     Buffering, Landscaping, Open space and/or Screening Commitments.
1.  Any parking areas oriented to the street frontage shall have headlight screening parallel to the frontage with a minimum height of 30 inches as measured from the elevation of the nearest section of the adjacent parking area.  Headlight screening shall be in the form of an evergreen hedge, earthen mounding or wall.
 
2.  A buffer shall be provided along all property lines, and specifically where the Site abuts residentially-zoned property.  
a).  Along the north, west and south property lines, a minimum 6-foot high wood board-on-board fence shall be provided, with trees/landscaping to be located between the property line and the fence to soften the view from adjacent properties.  
b).  The Applicant shall, to the extent possible, maintain existing trees along the north and west property lines but, where removed, trees shall be replaced with deciduous trees planted 15 feet on center as depicted on the submitted site plan.  In any event, a minimum 5-foot high, 75% opaque screening treatment shall be provided within the setback, in the form of existing trees, a privacy fence, deciduous trees planted 15 feet on center, or any combination thereof.  
c).  The existing chain link fence along the east property line where the Site abuts an office development may remain.   
 
3.  Size of trees.  Minimum caliper size as the time of planting shall be 2 inches for deciduous, 1.5 inches for ornamental, and a minimum 5-foot tree height for evergreens.  Frontage trees shall be a minimum three inches in diameter.  Caliper shall be measured at six (6) inches above grade.
 
4.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six (6) months or the next planting season, whichever occurs first.
 
 
D.   Building Design and/or Interior-Exterior Treatment Commitments.
1.  If a self-storage unit business is developed, roofs shall be pitched/sloped and shall be finished with one of the following materials: dimensional asphalt shingles, slate, or composite slate, aluminum shingles or standing seam.  Pitched, mansard roofs shall be permitted.  If a C-2 use is developed, flat roofs are permitted.  
 
2.  If a self-storage unit business is developed, the Developer shall utilize neutral, earth tone colors such as beiges, tans, dark greens or browns, for exterior building materials to maximize the development's cohesiveness with the adjacent multi-family residential property.
 
3.  Building exteriors may be constructed of no more than three (3) building material types, excluding roof and window materials.  Minor accenting of structures through the use of a fourth building material shall be permitted.
 
4.  Rooftop mechanical equipment shall be screened from view by the same material used on the building roof or exterior, and shall be of the same or similar color.  Ground-level mechanicals and equipment shall be fully screened from view by a wall, fence or landscape materials, or a combination thereof.  Such screening shall match or complement the character of the building.
 
5.   Building illumination shall be permitted, provided such light source is concealed.  No colored light shall be used to illuminate the exterior of the building.  
 
6.  In the event a self-storage business is developed, the storage unit buildings shall be situated so that the individual storage doors face the interior of the site.
 
E.    Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1.  Dumpsters shall be screened from view by structures and/or landscaping to a minimum height of 6 feet.  Deposited refuse should not be visible from outside the refuse enclosure, which shall be screened on all four (4) sides.
 
2.   All surface lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
 
3.   All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.  
 
4.   Light poles in the parking lot areas shall not exceed eighteen (18) feet in height.  All light poles and standards shall be dark brown, bronze, or black.
 
F.     Graphics and Signage Commitments.
1.  All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-2 Office District.  Any variance to the applicable requirements of the C-2 district shall be submitted to the Columbus Graphics Commission.
 
2.  No billboards shall be permitted.
 
G.  Miscellaneous Commitments.
1.  Key-code access into the site shall be limited to the hours of 6:00 a.m. to 10:00 p.m., 7 days a week.
 
2.  Approximately 0.022+ acres of the site (the access drive area) is currently zoned L-AR-12, while the balance of the site is zoned C-2.  As such, a monetary contribution shall be made to the City of Columbus per the Parkland Dedication provisions of C.C.C. §3318.13, for the 0.022+ acres zoned L-AR-12, as calculated at a rate of $400.00 per acre.  Said contribution shall be made at the time of final plan approval and based upon verified engineering calculation.
3.  The subject Site shall be developed in accordance with the submitted Site Plan.  The buildings and parking as shown only apply if the site is developed with the self-storage business use.  The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed.  Any slight adjustments to the plan are subject to approval by the director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
 
4.  The Applicant has agreed to place a bike rack on site.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.