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File #: 1210-2014    Version: 1
Type: Ordinance Status: Passed
File created: 5/20/2014 In control: Zoning Committee
On agenda: 6/9/2014 Final action: 6/11/2014
Title: To rezone 2109 CITYGATE DRIVE (43219), being 1.5± acres located on the south side of Citygate Drive, 1,000± feet west of Stelzer Road, From: R, Rural District, To: L-M, Limited Manufacturing District (Rezoning # Z13-060).
Attachments: 1. ORD#1210-2014.Attachments, 2. Notice Of Public Hearing - Council Mtg20140609
Explanation      
 
Rezoning Application Z13-060
 
APPLICANT:  Magoo Properties; c/o Jeffrey L. Brown, Atty.; Smith and Hale LLC; 37 West Broad Street, Suite 460; Columbus, Ohio 43215.
      
PROPOSED USE:  Industrial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on April 10, 2014.
 
NORTHEAST AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval. The requested L-M, Limited Manufacturing District, will allow limited industrial development on a currently vacant site. The site is located within boundaries of the Northeast Area Plan (2007), which recommends Mixed Use Regional Retail/Office/Light Industrial uses for this location.  This request is consistent with the land use recommendations of the Plan, and the established zoning and development pattern of the area.
 
Title
 
To rezone 2109 CITYGATE DRIVE (43219), being 1.5± acres located on the south side of Citygate Drive, 1,000± feet west of Stelzer Road, From: R, Rural District, To:  L-M, Limited Manufacturing District (Rezoning # Z13-060).
 
Body
 
WHEREAS, application #Z13-060 is on file with the Department of Building and Zoning Services requesting rezoning of 1.5± acres from R, Rural District, to L-M, Limited Manufacturing District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Northeast Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the request is consistent with the land use recommendations of the Northeast Area Plan, and the established zoning and development pattern 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:
 
2109 CITYGATE DRIVE (43219), being 1.5± acres located on the south side of Citygate Drive, 1,000± feet west of Stelzer Road, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 1, Range 17, United States Military Lands being out of those tracts conveyed to Magoo Properties LLC by deed of record in Instrument Number 201203050030014 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
 
Beginning, for reference, at the centerline intersection of Citygate Drive of record in Plat Book 87, Page 36 and Stelzer Road;
 
thence North 86° 35' 30" West, with the centerline of said Citygate Drive, a distance of 917.46 feet to a point;
 
thence North 86° 45' 57" West, continuing with said centerline, a distance of 99.59 feet to a point;
 
thence South 03° 14' 03" West, across the right-of-way of said Citygate Drive, a distance of 41.10 feet to a point in the southerly right-of-way line of said Citygate Drive, being the TRUE POINT OF BEGINNING;
 
thence South 17° 03' 26" East, across said Magoo tracts, a distance of 323.61 feet to a point in the southerly line of said Magoo tract;
 
thence North 86° 40' 52" West, with the southerly line of said Magoo tract, a distance of 274.41 feet to a point in the easterly line of that 5.000 acre tract conveyed to RB Columbus Limited LLC by deed of record in Official Record 34875D11;
 
thence North 03° 00' 41" East, with the easterly line of said 5.000 acre tract, a distance of 22.43 feet to a southeasterly corner of that 4.000 acre tract conveyed to Lai Family Partnership, Ltd. by deed of record in Instrument Number 200501040002830;
 
thence North 04° 37' 01" East, with the easterly line of said 4.000 acre tract, a distance of 282.02 feet to a point in the southerly right-of-way line of said Citygate Drive;
 
thence South 86° 18' 23" East, with the southerly line of said Citygate Drive, a distance of 155.47 feet to the TRUE POINT OF BEGINNING, and containing 1.50 acre of land, more or less.
 
To Rezone From: R, Rural District
 
To: L-M, Limited Manufacturing District
 
SECTION 2.  That a Height District of one hundred and ten (110) feet is hereby established on the L-M, 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 changes on the said original zoning map and shall register a copy of the approved L-M, 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 text titled, "L-M, LIMITED MANUFACTURING DISTRICT," dated May 13, 2014, and signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
 
L-M, LIMITED MANUFACTURING DISTRICT
 
Existing District:   Rural, Residential
Proposed District: L-M, Limited Manufacturing
Property Address: 2109 Citygate Drive
Owner: Magoo Properties LLC
Applicant: Magoo Properties LLC
Application No.:  Z13-060
Date of Text:  May 13, 2014
 
I.          INTRODUCTION:
 
In 2009 the site to the east of the subject property was rezoned to a mixture of L-M and CPD.  The subject property was originally part of that zoning but was deleted from that application.  This zoning request incorporates the remaining R, Rural zoned ground from the earlier application and places it in the same zoning classification as the ground to the east.  
 
II.         L-M, LIMITED MANUFACTURING DISTRICT
 
1.   PERMITTED USES:
All uses of Columbus City Code §3363.01- §3363.08 and § 3363.175 (M, Manufacturing District), except uses as prohibited in Section 2 (Prohibited Uses), below.  Additionally, all types of offices; residence(s) for a resident watchman; commercial radio transmitting or television station and appurtenances thereto; rooftop telecommunication installations and all accessory use(s) related to any permitted principal use shall be permitted.
 
(a)  All permitted uses shall be constructed, equipped and operated with such approved devices and methods as to insure against the emission of obnoxious noise, vibrations, smoke, dust, fly ash, or other solid particulate matter, odor, glare, heat, sewage waste, and other obnoxious conditions.
 
(b)   Underground storage tanks shall only be permitted for the purpose of providing distribution of liquid fuels, petroleum products, petroleum, and volatile oils to vehicles of uses in this sub-area.  No user shall have more than an aggregate capacity of 20,000 gallons.  The location of any such tanks shall be determined under the direction and supervision of the Fire Department.
 
2.  PROHIBITED USES:
Cabarets and nightclubs (with bars being specifically permitted if accessory to a primary use); billboard(s); manufacturing, compounding, processing, assembling, packaging or treatment of goods, materials and products involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise, fly ash, or other solid particulate matter, odor, glare, heat, sewage waste, or obnoxious conditions.  Additional prohibited uses: Amusement Arcade, Animal Shelter, Blood & Organ Bank, Check Cashing and Loans, Coin Operated Laundries, Community Food Pantry, Electric Substation, Halfway House, Mission / Temporary Shelters, Pawn Broker, Television and Radio Studio, Repossession Services, Utility Pump Station, Warehouse Club and Super Center.  
 
3.  DEVELOPMENT STANDARDS:
 
Unless otherwise indicated in the written text, the applicable development standards are contained in Chapter 3363(M) Manufacturing of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback Commitments.
 
1.  The subject site shall be designated in the H-110 Height District. Buildings and structures shall not exceed an absolute height of 65 feet except for hotel/motel which shall be subject to the H-110 Height District with no height limitation and as permitted in § 3363.175.  This absolute height restriction shall not include the additional height associated with building-mounted mechanicals or aerials.  Mechanicals shall not exceed 10 additional feet above the 65-foot absolute height.  Building-mounted antennas and aerials shall not exceed 20 additional feet above the 65-foot absolute height.  
 
2.  No more than two rows of parking and a drive aisle shall be permitted between City Gate Drive and the building(s).
 
3.  Lot coverage for structures and paved areas shall not exceed eighty-five (85%) percent.
 
B.  Access, Loading, Parking and/or Other Traffic-Related Commitments.
 
1.  Access to the site shall be subject to the review and approval of the Department of Public Service, Planning and Operations Division.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments.
 
1.  Trees shall be planted within the front parking setback at the minimum rate of one tree for every 40 linear feet of street frontage along City Gate Drive.  Existing trees along City Gate Drive shall satisfy this requirement.
 
2.  Trees may be equally spaced or grouped.  Tree species shall be selected and planted in a manner that does not obstruct motorists' vision.  
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  All building exteriors shall be constructed of brick, real or synthetic stone, real or synthetic stucco, glass, vinyl siding, wood shingles, textured or coated metal, concrete, marble, textured concrete, or a combination of these materials.  Wood may be used as an accent material not to exceed 25% in area of an individual façade.
 
2.  Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from the right-of-way of City Gate Drive, to the height of the equipment, by the same material utilized on the building roof or exterior.  Decorative cornices may be used.  Color shall also match the building exterior or roof.  Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping, or any fence or wall utilizing comparable and compatible materials as the building materials.
 
3.  Any building elevation that faces City Gate Drive shall be the front elevation of that building or have architectural detailing so that elevation does not look like a blank rear elevation.
 
4.  A building frontage that faces a public street and exceeds a width of 50 feet shall incorporate articulation and off sets of the wall plane to inhibit a large expanse of blank wall and add interest to the building.  This restriction shall not apply to the hotel/motel buildings or warehouse style buildings.
 
5.  For the primary building frontage of any retail use, a minimum of 40% of the area between the height of the 2 feet and 10 feet above grade shall be a clear window glass that permits a full, unobstructed view of the interior to a depth of at least 4 feet.  For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of 10 feet.
 
E.  Dumpster, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
 
1.  All lighting shall be so positioned as to not be directed toward any residentially-zoned area.
 
2.  Wiring within the subject Site shall be underground.
 
3.  Service area lighting shall be contained within the service yard boundaries and enclosure walls.  No light spillover shall occur outside the service area.
 
4.  Building illumination and architectural lighting shall be indirect in character.  Architectural lighting should be articulate and provide lighting for the particular building design as well as provide the required functional lighting for safety and clarity of pedestrian movement.
 
5.  Pedestrian lighting is permitted and the maximum height for any pedestrian lighting on the subject Site shall not exceed 16 feet in height.  Bollard lighting is permitted and shall not exceed 48 inches in height.
 
6.  There shall be no outdoor public address system, outdoor call system, or other outdoor audible system permitted in this sub-area, except that a paging system shall be allowed for the purpose of paging employees only.
 
7.  The buildings which front along City Gate Drive shall provide an internal sidewalk or pedestrian pathway that would connect the building's front door to a sidewalk along City Gate Drive.
 
F.  Graphics and Signage Commitments.
 
1.  All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code, as they apply to the M, Manufacturing District.  Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.  All freestanding graphics shall be a monument style sign.
 
G.   Miscellaneous Commitments:
 
1.  In accordance with §3318.13 (Parkland Dedication Ordinance), Applicant shall contribute parkland fees in the amount of $400.00 per acre for this site.  
 
2.  With regard to the open watercourse which traverses the Site, Applicant commits to maintain a 25-foot no-build zone on the west side of the watercourse, as measured from the top of the embankment.
 
3.  No more than two (2) points of access shall be constructed over the watercourse.              
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.