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File #: 1171-2005    Version: 1
Type: Ordinance Status: Passed
File created: 6/17/2005 In control: Zoning Committee
On agenda: 2/5/2007 Final action: 2/7/2007
Title: To rezone 5228 BRICE ROAD (43110), being 39.50± acres located at the northeast corner of Brice Road and Winchester Pike, From: NE, Neighborhood Edge, and NG, Neighborhood General Districts, To: NE, Neighborhood Edge, NG, Neighborhood General, and NC, Neighborhood Center Districts (Rezoning # Z04-086).
Attachments: 1. ORD1171-2005Attachments.pdf, 2. ORD1171-2005Labels.pdf, 3. ORD1171-2005DataSheet.pdf
Explanation
 
Rezoning Application Z04-086
 
APPLICANT:  Glen at Schirm Farms, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite
725; Columbus, OH 43215.
 
PROPOSED USE:  Traditional neighborhood development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on February 10, 2005.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The subject site was rezoned in 2001 for a Traditional Neighborhood Development.  The purpose of this request is to reorganize the TND Districts on 39.50± acres of the original 97.80-acre site.  8.16± acres of NE, Neighborhood Edge, and NG, Neighborhood General Districts will be rezoned to NE, Neighborhood Edge District, 17.33± acres of NE, Neighborhood Edge, and NG, Neighborhood General Districts will be rezoned to NG, Neighborhood General District, and 14.01± acres of NE, Neighborhood Edge District will be rezoned to NC, Neighborhood Center District to allow the development of an attached town home product in the proposed NC District that is not permitted in the current NE District.  The resulting arrangement will provide 5.21± acres of open space and allow up to 284 single and multi-family units, a reduction of 116 units from the original 400 single-family dwelling units that the NG and NE Districts allowed for.  The site is located within the "Neotraditional Village/ Neighborhood Center" area of the Southeast Area Plan (2000).   The proposal is consistent with the Plan recommendation, and the zoning and development patterns of the area.
 
 
Title
 
To rezone 5228 BRICE ROAD (43110), being 39.50± acres located at the northeast corner of Brice Road and Winchester Pike, From:  NE, Neighborhood Edge, and NG, Neighborhood General Districts, To:  NE, Neighborhood Edge, NG, Neighborhood General, and NC, Neighborhood Center Districts (Rezoning # Z04-086).
 
 
Body
 
WHEREAS, application #Z04-086 is on file with the Building Services Division of the Department of Development requesting rezoning of 39.50± acres from NE, Neighborhood Edge, and NG, Neighborhood General Districts to NE, Neighborhood Edge, NG, Neighborhood General, and NC, Neighborhood Center Districts; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the subject site was rezoned in 2001 for a Traditional Neighborhood Development.  The purpose of this request is to reorganize the TND Districts on 39.50± acres of the original 97.80-acre site.  8.16± acres of NE, Neighborhood Edge, and NG, Neighborhood General Districts will be rezoned to NE, Neighborhood Edge District, 17.33± acres of NE, Neighborhood Edge, and NG, Neighborhood General Districts will be rezoned to NG, Neighborhood General District, and 14.01± acres of NE, Neighborhood Edge District will be rezoned to NC, Neighborhood Center District to allow the development of an attached town home product in the proposed NC District that is not permitted in the current NE District.  The resulting arrangement will provide 5.21± acres of open space and allow up to 284 single and multi-family units, a reduction of 116 units from the original 400 single-family dwelling units that the NG and NE Districts allowed for.  The site is located within the "Neotraditional Village/ Neighborhood Center" area of the Southeast Area Plan (2000).   The proposal is consistent with the Plan recommendation, and 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:
 
5228 BRICE ROAD (43110), being 39.50± acres located at the northeast corner of Brice Road and Winchester Pike, and being more particularly described as follows:
 
ZONING DESCRIPTION
NEIGHBORHOOD EDGE
8.16 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 13, Township 11, Range 21, Congress Lands, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows:
 
BEGINNING, at northeasterly corner of Reserve "E" of "The Glen at Schirm Farms Section 1", a subdivision of record in Plat Book 104, Page 25;
 
thence South 04° 09' 47" West, a distance of 589.37 feet, to a point;
 
thence North 43° 35' 46" West, a distance of 346.73 feet, to a point;
 
thence North 46° 24' 14" East, a distance of 132.71 feet, to a point;
 
thence with the arc of a curve to the left, having a central angle of 42° 14' 27", a radius of 75.00 feet, an arc length of 55.29 feet, and a chord which bears North 25° 17' 01" East, a distance of 54.05 feet, to a point;
 
thence North 04° 09' 47" East, a distance of 348.62 feet, to a point;
 
thence North 85° 50' 13" West, a distance of 252.50 feet, to a point;
 
thence with the arc of a curve to the right, having a central angle of 42° 57' 33", a radius of 73.80 feet, an arc length of 55.34 feet, and a chord which bears North 64° 42' 59" West, a distance of 54.05 feet, to a point;
thence North 43° 35' 46" West, a distance of 170.86 feet, to a point;
thence with the arc of a curve to the right, having a central angle of 10° 03' 36", a radius of 75.00 feet, an arc length of 13.17 feet, and a chord which bears North 38° 33' 58" West, a distance of 13.15 feet, to a point;
thence South 85° 50' 13" East, a distance of 382.34 feet, to a point;
thence with the arc of a curve to the left, having a central angle of 90° 00' 00", a radius of 10.00 feet, an arc length of 15.71 feet, and a chord which bears North 49° 09' 47" East, a distance of 14.14 feet, to a point,
thence South 85° 50' 13" East, a distance of 8.00 feet, to a point;
thence South 04° 09' 47" West, a distance of 128.00 feet, to a point;
thence South 85° 50' 13" East, a distance of 76.00 feet, to a point;
thence North 04° 09' 47" East, a distance of 118.00 feet, to a point;
thence South 85° 50' 13" East, a distance of 418.00 feet, to a point;
 
thence North 04° 09' 47" East, a distance of 382.00 feet, to a point in the arc of a curve;
 
thence with the arc of a curve to the left, having a central angle of 09° 23' 35", a radius of 75.00 feet, an arc length of 12.30 feet, and a chord which bears North 00° 32' 01" West, a distance of 12.28 feet, to a point;
 
thence North 66° 26' 16" East, a distance of 27.01 feet, to a point;
 
thence North 79° 56' 40" East, a distance of 126.98 feet, to a point;
 
thence South 04° 09' 47" West, a distance of 536.89 feet, to a point;
 
thence South 22° 44' 17" West, a distance of 97.85 feet, to a point;
 
thence South 49° 36' 30" West, a distance of 98.46 feet, to a point;
 
thence South 79° 39' 29" West, a distance of 96.96 feet, to a point;
 
thence North 85° 50' 13" West, a distance of 258.80 feet, to the TRUE POINT OF BEGINNING and containing 8.16 acres of land, more or less.
 
This description was prepared from record information and should not be considered a survey for transfer.
 
To Rezone From:  NE, Neighborhood Edge, and NG, Neighborhood General Districts,
 
To:  NE, Neighborhood Edge District.
 
ZONING DESCRIPTION
NEIGHBORHOOD GENERAL
17.33 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 13, Township 11, Range 21, Congress Lands, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows:
 
BEGINNING, at the southwesterly corner of Lot 15 of "The Glen at Schirm Farms Section 1", a subdivision of record in Plat Book 104, Page 25;
thence South 46° 24' 14" West, a distance of 20.00 feet, to a point;
thence North 43° 35' 46" West, a distance of 143.15 feet, to a point;
thence North 04° 09' 51" East, a distance of 184.27 feet, to a point;
thence South 85° 50' 13" East, a distance of 193.00 feet, to a point;
thence North 04° 09' 47" East, a distance of 15.45 feet, to a point;
thence South 85° 50' 13" East, a distance of 67.67 feet, to a point in the arc of a curve;
thence with the arc of said curve to the left, having a central angle of 44° 13' 41", a radius of 30.00 feet, an arc length of 23.16 feet, and a chord which bears North 72° 02' 56" East, a distance of 22.59 feet, to a point;
thence North 49° 56' 05" East, a distance of 23.19 feet, to a point;
thence South 51° 14' 42" East, a distance of 24.78 feet, to a point;
thence South 85° 44' 01" East, a distance of 585.22 feet, to a point;
thence North 04° 09' 47" East, a distance of 301.00 feet, to a point;
thence North 85° 50' 13" West, a distance of 117.65 feet, to a point;
thence North 04° 23' 26" East, a distance of 254.91 feet, to a point;
thence South 85° 59' 31" East, a distance of 24.04 feet, to a point;
thence North 04° 26' 11" East, a distance of 161.68 feet, to a point;
thence South 85° 36' 34" East, a distance of 724.00 feet, to a point;
thence South 63° 26' 55" West, a distance of 270.00 feet, to a point;
thence South 50° 25' 00" West, a distance of 70.00 feet, to a point;
thence South 04° 09' 47" West, a distance of 250.00 feet, to a point in the arc of a curve;
thence with the arc of said curve to the right , having a central angle of 15° 53' 58", a radius of 108.46 feet, an arc length of 30.10 feet, and a chord which bears South 18° 35' 42" East, a distance of 30.00 feet, to a point;
thence South 66° 26' 17" West, a distance of 27.01 feet, to a point in the arc of curve;
thence with the arc of said curve to the right, having a central angle of 09° 23' 35", a radius of 75.00 feet, an arc length of 12.30 feet, and a chord which bears South 00° 32' 01" East, a distance of 12.28 feet, to a point;
thence South 04° 09' 47" West, a distance of 382.00 feet, to a point;
thence North 85° 50' 13" West, a distance of 418.00 feet, to a point;
thence South 04° 09' 47" West, a distance of 118.00 feet, to a point;
thence North 85° 50' 13" West, a distance of 76.00 feet, to a point;
thence North 04° 09' 47" East, a distance of 128.00 feet, to a point;
thence North 85° 50' 08" West, a distance of 8.00 feet, to a point in the arc of a curve;
thence with the arc of said curve to the right, having a central angle of 90° 00' 00", a radius of 10.00 feet, an arc length of 15.71 feet, and a chord which bears South 49° 09' 47" West, a distance of 14.14 feet, to a point;
thence North 85° 50' 13" West, a distance of 382.34 feet, to a point in the arc of a curve;
thence with the arc of said curve to the left, having a central angle of 10° 03' 36", a radius of 75.00 feet, an arc length of 13.17 feet, and a chord which bears South 38° 33' 58" East, a distance of 13.15 feet, to a point;
thence South 43° 35' 46" East, a distance of 170.86 feet, to a point in the arc of a curve;
thence with the arc of said curve to the left, having a central angle of 42° 57' 33", a radius of 73.80 feet, an arc length of 55.34 feet, and a chord which bears South 64° 42' 59" East, a distance of 54.05 feet, to a point;
thence South 85° 50' 13" East, a distance of 252.50 feet, to a point;
thence South 04° 09' 47" West, a distance of 348.62 feet, to a point of curvature;
thence with the arc of said curve to the right, having a central angle of 42° 14' 27", a radius of 75.00 feet, an arc length of 55.29 feet, and a chord which bears South 25° 17' 01" West, a distance of 54.05 feet, to a point of tangency;
thence South 46° 24' 14" West, a distance of 132.71 feet, to a point;
thence North 43° 35' 46" West, a distance of 753.57 feet, to the POINT OF BEGINNING and containing 17.33 acres of land, more or less.
This description was prepared from record information and should not be considered a survey for transfer.
 
To Rezone From:  NE, Neighborhood Edge, and NG, Neighborhood General Districts,
 
To:  NG, Neighborhood General District.
 
 
ZONING DESCRIPTION
NEIGHBORHOOD CENTER
14.01 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 13, Township 11, Range 21, Congress Lands, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows:
 
Beginning, for reference, at the southwesterly corner of Lot 15 of "The Glen at Schirm Farms Section 1", a subdivision of record in Plat Book 104, Page 25;
 
thence South 46° 24' 14" West, a distance of 20.00 feet, to a point;
 
thence North 43° 35' 46" West, a distance of 143.15 feet, to a point;
 
thence North 04° 09' 51" East, a distance of 184.27 feet, to a point and being the TRUE POINT OF BEGINNING;
 
thence North 04° 09' 46" East, a distance of 745.88 feet, to a point;
 
thence South 85° 36' 34" East, a distance of 812.01 feet, to a point;
 
thence South 04° 26' 11" West, a distance of 161.68 feet, to a point;
 
thence North 85° 59' 31" West, a distance of 24.04 feet, to a point;
thence South 04° 23' 26" West, a distance of 254.91 feet, to a point;
thence South 85° 50' 13" East, a distance of 117.65 feet, to a point;
thence South 04° 09' 47" West, a distance of 301.00 feet, to a point;
thence North 85° 44' 01' West, a distance of 585.22 feet, to a point;
thence North 51° 14' 42" West, a distance of 24.78 feet, to a point;
thence South 49° 56' 05" West, a distance of 23.19 feet, to a point in the arc of a curve;
thence with the arc of said curve to the right, having a central angle of 44° 13' 41", a radius of 30.00 feet, an arc length of 23.16 feet, and a chord which bears South 72° 02' 56" West, a distance of  22.59 feet, to a point;
thence North 85° 50' 13" West, a distance of 67.67 feet, to a point;
thence South 04° 09' 47" West, a distance of 15.45 feet, to a point;
thence North 85° 50' 13" West, a distance of 193.00 feet, to the TRUE POINT OF BEGINNING and containing 14.01 acres of land, more or less.
This description was prepared from record information and should not be considered a survey for transfer.
 
To Rezone From:  NE, Neighborhood Edge District,
 
To:  NC, Neighborhood Center District.
 
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the NE, Neighborhood Edge, NG, Neighborhood General, NC, Neighborhood Center Districts 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 NE, Neighborhood Edge, NG, Neighborhood General and NC, Neighborhood Center Districts and Application among the records of the Building Services Division as required by Sections 3320.13 of the Columbus City Codes; said plans being titled, "EXISTING CONDITIONS PLAN," "TND DEVELOPMENT PLAN OF PROPOSED REZONING," "REGIONAL CONTEXT DIAGRAM," "DEVELOPMENT PLAN NORTH," "DEVELOPMENT PLAN SOUTH,"and "CONCEPTUAL THOROUGHFARE AND BIKEPATH PLAN," and TND principles statement titled, "TND STATEMENT,"  all dated December 11, 2006, and signed by Jeffrey L. Brown, attorney for the Applicant.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.