Explanation
Rezoning Application Z12-061
APPLICANT: Billingsley Properties LLC; c/o Jeffrey L. Brown, Atty; Smith and Hale LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial use.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on December 13, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-C-4 text is comparable to the L-C-4 texts governing the sites directly to the east and west. Therefore Staff finds the proposal to be consistent with the established zoning and development patterns of the area.
Title
To rezone 2585 BILLINGSLEY ROAD (43235), being 4.9± acres located on the south side of Billingsley Road, 420± feet west of Shirlington Drive, From: R, Rural (Annex) District To: L-C-4, Limited Commercial District. (Rezoning # Z12-061)
Body
WHEREAS, application #Z12-061 is on file with the Department of Building and Zoning Services requesting rezoning of 5.0± acres from the R, Rural (Annex) District to the L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, Staff recommends approval because the requested L-C-4 text is comparable to the L-C-4 texts governing the sites directly to the east and west. The proposal is consistent with the established 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:
2585 BILLINGSLEY ROAD (43235), being 4.9± acres located on the south side of Billingsley Road, 420± feet west of Shirlington Drive, and being more particularly described as follows:
DESCRIPTION OF A 4.907 ACRE TRACT
AT 2585 BILLINGSLEY ROAD,
PERRY TOWNSHIP, FRANKLIN CO., OHIO
(TO BE ANNEXED TO CITY OF COLUMBUS)
Situated in the State of Ohio, County of Franklin, Township of Perry, part of Lot 9 of Tuller's Survey, in Quarter Township 1, Township 2 North, Range 19 West, United States Military Lands, and being a portion of a 5.010 acre tract of land conveyed to Billingsley Properties LLC, by deed of record in Instrument 201112280169814, all references being to the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning, for reference, at a point in the northerly Limited Access Right-of-Way Line of Interstate 270 at 150.00 feet left of centerline station 715+50.65, as shown upon sheet 15 of 23, of the Ohio Department of Transportation Centerline Survey Plat for FRA-270-10.33 N, and at a corner of an original 2.100 acre tract of land conveyed, as Parcel II, to Storage Equities/PS Partners III - Mid-Ohio, by deed of record in Official Record 5763, Page J 06;
thence N 85º 33' 08" E along a portion of a northerly Limited Access Right-of-Way line of Interstate 270 and along a portion of a southerly line of said original 2.100 acre tract a distance of 172.95 feet to a point at the southwest corner of a 10.132 acre tract of land conveyed to 2539 Billingsley Road LLC, by deed of record in Instrument 200303040063578;
thence N 02º 46' 26 E crossing said original 2.100 acre tract and along a portion of the west line of said 10.132 acre tract a distance of 68.34 feet to a point at the southeast corner of said 5.010 acre tract, at a southwest corner of the Corporation line of the City of Columbus, established by Ordinance No. 1427-74 and recorded in Miscellaneous Record 163, Page 600 and at the true place of beginning of the tract herein intended to be described;
thence N 87º 15' 27" W along a portion of the northerly line of said original 2.100 acre tract and along the south line of said 5.010 acre tract a distance of 223.76 feet to a point at the southwest corner of said 5.010 acre tract, at the southeast corner of a 5.0 acre tract of land conveyed to The Ohio Bell Telephone Company by deed of record in Deed Book 3556, Page 408 and at a northeast corner of the Corporation line of the City of Columbus, established by Ordinance No. 0008-2005 and recorded in Instrument 200503100043764;
thence N 02º 46' 26" E along a west line of said Corporation line of the City of Columbus, established by Ordinance No. 0008-2005, along a portion of a west line of said 5.010 acre tract and along a portion of the east line of said 5.0 acre tract a distance of 955.45 feet to a point at a corner of said Corporation line of the City of Columbus, established by Ordinance No. 0008-2005;
thence S 87º 10' 06" E along a south line of said Corporation line of the City of Columbus, established by Ordinance No. 0008-2005 and crossing said 5.010 acre tract a distance of 223.76 feet to a point in the east line of said 5.010 acre tract, at the northwest corner of said 10.132 acre tract, at a southeast corner of said Corporation line of the City of Columbus, established by Ordinance No. 0008-2005 and in the west line of said Corporation line of the City of Columbus, established by Ordinance No. 1427-74;
thence S 02º 46' 26" W along a portion of the west line of said Corporation line of the City of Columbus, established by Ordinance No. 1427-74, along a portion of the east line of said 5.010 acre tract and along a portion of the west line of said 10.132 acre tract a distance of 955.10 feet to the true place of beginning;
containing 4.907 acres of land more or less. Of said 4.907 acres, 0.483 acre is within tax parcel 212-000113, 0.484 acre is within tax parcel 212-001166 and 3.940 acres is within tax parcel 212-000087.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio from an actual field survey, performed under his supervision, in August, 2011. Basis of Bearings is a northerly Limited Access Right-of-Way line of Interstate 270 being N 85º 33' 08" E as shown upon sheet 15 of 23, Ohio Department of Transportation Centerline Survey Plat for FRA-270-10.33N.
To Rezone From: R, Rural (Annex) 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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Department of Building and Zoning Services and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said text titled, "TEXT," all signed by Jeffrey L. Brown, Attorney for the Applicant, dated April 16, 2013, and the text reading as follows:
TEXT
PROPOSED DISTRICTS: L-C-4, Limited Commercial
PROPERTY ADDRESS: 2585 Billingsley Road
OWNER: Billingsley Properties, LLC.
APPLICANT: Billingsley Properties, LLC.
DATE OF TEXT: April 16, 2013
APPLICATION: Z12-061
1. INTRODUCTION: The site is on the south side of Billingsley Road east of Sawmill Road. The property is being annexed into the City of Columbus and the proposed zoning application will establish appropriate use restrictions and development standards for the site.
2. PERMITTED USES: Those uses permitted in Chapter 3356 C-4, Commercial of the Columbus City Code except for the following uses: blood and organ banks, check cashing, warehouse or supercenter, farm equipment and supplies, hospital, amusement arcade, halfway house, pawn brokers and billboards.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards are contained in Chapter 3356 C-4, Commercial District of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements
1. A 75 foot parking setback and a 200 foot building setback shall be established from Billingsley Road.
2. A 5 foot parking and building setback along the east property line shall be established for all uses except for an automobile dealership which shall have a zero side yard along the east property line.
3. The maximum height for buildings shall be 35 feet within 300 feet of Billingsley Road.
B. Access, Loading, Parking and/or Traffic Related Commitments
1. If auto sales are proposed for this site and such auto sales uses will utilize the entire site, no turn lanes on Billingsley Road are required to be installed by the developer at the site access point.
2. If a portion of this site greater than 1.8 acres is developed with uses other than auto sales, a westbound left turn lane with a length of 150 feet on Billingsley Road shall be installed by the developer at the site access point.
3. If a portion of this site greater than 2.6 acres is developed with uses other than auto sales uses, an eastbound right turn lane with a length of 150 feet on Billingsley Road shall be installed by the developer at the site access point.
4. The developer may modify these improvements upon the review and approval by the City's Department of Public Service.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The parking setback along Billingsley Road shall be landscaped with a combination of an undulating earth mound, shrubs and hedges between 12 to 30 inches in height at installation and eight deciduous trees which shall be planted randomly within the setback.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. No outside speakers shall be permitted.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
N/A
F. Graphics and Signage Commitments
Graphics shall be in conformance with Article 15 of the Columbus Graphics Code as it applies to the C-4 Commercial District and except that no off premise nor billboards shall be permitted. Any variance to the permitted graphics shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. Utilities: All utility lines for the development shall be installed underground.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.