Explanation
Rezoning Application Z19-086
APPLICANT: White Acres, LLC; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Contractor’s office and storage yard.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on March 12, 2020.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.36± acre site is developed with a commercial tractor and farm equipment dealer/service facility in the R, Rural District as permitted by Ordinance #2734-2015 (CV15-061). The applicant requests the L-M-2, Limited Manufacturing District to permit a contractor’s office and storage yard. The limitation text establishes appropriate use restrictions and supplemental development standards that address landscaping and screening along the site’s Hayden Run Road frontage. The site is within the planning boundaries of the Interim Hayden Run Corridor Plan (2004), which recommends low density cluster and Hayden Run buffer land uses at this location. Additionally, the site is within an area that has early adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). While the proposal is not consistent with the Plan’s land use recommendation of low-density cluster, the very limited manufacturing uses and proposed screening along Hayden Run Road are supportable. This request will not introduce incompatible uses to the area as the site has been historically used for similar purposes. A concurrent Council Variance (Ordinance #0855-2020; CV19-122) has been filed to reduce development standards for the proposed contractor’s office and storage yard to legitimize existing conditions.
Title
To rezone 5730 HAYDEN RUN RD. (43026), being 3.36± acres located on the north side of Hayden Run Road, 580± feet east of Avery Road, From: R, Rural District, To: L-M-2, Limited Manufacturing District and to declare an emergency. (Rezoning #Z19-086)
Body
WHEREAS, application #Z19-086 is on file with the Department of Building and Zoning Services requesting rezoning of 3.36± acres from R, Rural District, To: L-M-2, Limited Manufacturing 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-M-2, Limited Manufacturing District includes appropriate use restrictions and commitments to screening along Hayden Run Road and will not add incompatible uses to the area as the site has historically been used for similar purposes; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to permit the tenant to move its equipment to the site before major road construction season begins for the immediate preservation of the public peace, property, health and safety; 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:
5730 HAYDEN RUN RD. (43026), being 3.36± acres located on the north side of Hayden Run Road, 580± feet east of Avery Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey Number 3012, also being the remainder of a 9.992 acre tract as conveyed to White Acres, LLC in Instrument Number 201504150048407 being more particularly described as follows;
Commencing at Franklin County Geodetic Survey Monument 2221 found at centerline of right of way of Avery Road (R/W Varies) and Hayden Run Road (R/W Varies), being on the South line of Washington Township and the north line of Norwich Township, also being in the east line of Virginia Military Survey Number 3453 and the west line of Virginia Military Survey Number 3012;
Thence with the centerline of Hayden Run Road, the south line of Washington Township and the north line of Norwich Township, N 74° 23' 31" E, 615.68+/- feet to an angle point in the easterly railroad right of way line of a property owned by New York Central Lines LLC, Segment F (Line Code 8122) in Instrument Number 200212180325201 and being the southwest corner of a 0.390 acre tract (4-WD1) as conveyed to Franklin County Commissioners in Instrument Number 200504250076428;
Thence with said easterly railroad right of way line and the west line of said 0.390 acre tract, N 39° 16' 05" W, 32.75+/- feet to the northwest corner of said 0.390 acre tract, the southwest corner of the remainder of said 9.992 acre tract, being the intersection of the northerly right of way line of Hayden Run Road and said easterly railroad right of way line, and also being the TRUE POINT OF BEGINNING for the land herein described as follows;
Thence with the west line of the remainder of said 9.992 acre tract and said easterly railroad right of way line, N 39° 16' 05" W, 206.48+/- feet to the northwest corner of the remainder of said 9.992 acre tract and the southwest corner of a 7.028 acre tract as conveyed to Havery Run, LLC in Instrument Number 201809190127001;
Thence the following seven (7) courses along the north line of the remainder of said 9.992 acre tract, the south line of said 7.028 acre tract and with the meanders of the centerline of Hayden Run ditch:
1. N 33° 26' 16" E, 40.52+/- feet;
2. N 59° 03' 59" E, 59.21+/- feet;
3. N 80° 33' 01" E, 79.33+/- feet;
4. N 72° 21' 49" E, 146.56+/- feet;
5. N 84° 34' 23" E, 54.18+/- feet;
6. N 67° 05' 30" E, 126.34+/- feet;
7. N 43° 39' 51" E, 46.83+/- feet;
8. N 54° 00' 39" E, 128.67+/- feet to the northeast corner of the remainder of said 9.992 acre tract, the northwest corner of the remainder of a 5.402 acre tract as conveyed to Tim A. White in Instrument Number 200409140214881, and being an angle point in the south line of said 7.028 acre tract;
Thence with the east line of the remainder of said 9.992 acre tract and the west line of the remainder of said 5.402 acre tract, S 16° 07' 17" E, 303.24+/- feet to the southeast corner of the remainder of said 9.992 acre tract, the southwest corner of the remainder of said 5.402 acre tract, the northeast corner of said 0.390 acre tract, and being in the northerly right of way line of Hayden Run Road;
Thence with the south line of the remainder of said 9.992, the north line of said 0.390 acre tract and the northerly right of way line of Hayden Run Road, S 74° 23' 31" W, 572.41+/- feet to the TRUE POINT OF BEGINNING, containing 3.36+/- acres, more or less.
Parcel Number: 010-293805
Property Address: 5730 Hayden Run Rd., Columbus, OH 43026
To Rezone From: R, Rural District
To: L-M-2, Limited Manufacturing District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-M-2, Limited Manufacturing 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 change on the said original zoning map and shall register a copy of the approved L-M-2, Limited Manufacturing 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 site plan tiled “ZONING EXHIBIT FOR WHITE ACRES, LLC,” dated March 13, 2020, and text titled, “TEXT,” dated March 4, 2020, both signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
TEXT
PROPOSED DISTRICTS: L-M-2, Limited Manufacturing District
PROPERTY ADDRESS: 5730 Hayden Run Road
OWNER: White Acres LLC
APPLICANT: White Acres LLC
DATE OF TEXT: 3/4/20
APPLICATION: Z19-086
1. INTRODUCTION: The site was developed as a tractor and farm equipment dealership in the township since the 1940’s. The owner of the site also owned a large farm to the north. Both sites were annexed to Columbus in 2014 and the use of this property became nonconforming. The site was originally part of Z14-010. At the suggestion of the City Staff this site was removed from that zoning application and went forward to CV15-061. That council variance only allowed a tractor and farm equipment dealer/service center. The equipment dealer has vacated the site and new zoning action is required to establish other uses for the property.
2. PERMITTED USES: Those uses permitted in Section 3367.02 (a) and (b) including a contractor’s yard and offices of the Columbus City Code.
3. DEVELOPMENT STANDARDS: Unless indicated in the submitted text, site plan or permitted under CV19-122, the applicable development standards are contained in Chapter 3367 M-2 Manufacturing District.
A. Density, Height, Lot and/or Setback Requirements:
N/A
B. Access, Loading, Parking and/or Traffic Related Commitments:
N/A
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
The applicant shall install six street trees either in front of the fence along Hayden Run Road or inside the fence.
D. Building Design and/or Interior-Exterior Treatment Commitments:
N/A
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments:
N/A
F. Graphics and Signage Commitments:
N/A
G. Miscellaneous:
1. The site shall be developed in accordance with the Site Plan titled, “Zoning Exhibit for White Acres LLC,” however, the Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and when engineering plans are completed. Any slight adjustment shall be reviewed and may be approved by the Director of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
2. See also CV19-122.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.