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File #: 0365-2023    Version: 1
Type: Ordinance Status: Passed
File created: 1/26/2023 In control: Zoning Committee
On agenda: 2/27/2023 Final action: 3/1/2023
Title: To rezone 4885 TRABUE RD. (43228), being 12.93± acres located on the south side of Trabue Road, 230± feet west of Bolingbrook Drive, From: R, Rural District, To: L-M, Limited Manufacturing District (Rezoning #Z22-069).
Attachments: 1. ORD#0365-2023_Attachments, 2. ORD#0365-2023_Labels

Explanation

 

Rezoning Application: Z22-069

 

APPLICANT: Buckeye XO, LLC; c/o Rebecca J. Mott, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.

 

PROPOSED USE: Limited commercial and industrial development.

 

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on January 12, 2023.

 

FAR WEST SIDE AREA COMMISSION RECOMMENDATION: Approval.

 

CITY DEPARTMENTS' RECOMMENDATION: Approval. The 12.93± acre site consists of an undeveloped portion of a larger parent parcel zoned in the R, Rural District. The site has recently been annexed into the City and is pending a lot split. The requested L-M, Limited Manufacturing District will permit limited commercial and industrial development. The limitation text establishes appropriate use restrictions and supplemental development standards that addresses height, traffic access, and graphics provisions. The site is located within the planning area of the Trabue/Roberts Plan (2011), which recommends “light industrial” land uses at this location. Staff supports the proposal as the permitted uses are consistent with the Plan’s land use recommendation and are not considered to be an introduction of incompatible uses to the area.

 

Title

 

To rezone 4885 TRABUE RD. (43228), being 12.93± acres located on the south side of Trabue Road, 230± feet west of Bolingbrook Drive, From: R, Rural District, To: L-M, Limited Manufacturing District (Rezoning #Z22-069).

 

Body

 

WHEREAS, application #Z22-069 is on file with the Department of Building and Zoning Services requesting rezoning of 12.93± 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 Far West Side Area 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 is consistent with the Trabue/Roberts Area Plan’s “light industrial” land use recommendation, and is not considered to be an introduction of  incompatible uses; 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:

 

4885 TRABUE RD. (43228), being 12.93± acres located on the south side of Trabue Road, 230± feet west of Bolingbrook Drive, and being more particularly described as follows:

 

Situated in the City of Columbus, County of Franklin and State of Ohio. Being in Virginia Military Survey No. 2988 and being part of Lot 1 as delineated on the Plat of the Farm of Christian Carl, of record in Plat Book 5, Page 476, and a part of a 118.321 acre tract, commonly known as Buckeye Yard, conveyed to Pennsylvania Lines LLC as recorded in 200212180325195, now known as Norfolk Southern Railway Company, successor by merger, in Instrument Number 200710260186473, as originally acquired by the Manor Real Estate Company, a fully owned subsidiary of the Pennsylvania Railroad Company, in Deed Book 2936, Page 689, Deed Book 2921, Page 49, Deed Book 2920, Page 25, Deed Book 2883, Page 411 and Deed Book 2883, Page 414, quit claimed to Consolidated Rail Corporation in Deed Book 3779, page 552, Deed Book 3771, page 200, and Deed Book 3779, page 468, and, subsequently quit claimed to Penn Central Corporation in Deed Book 3803, page 702 and Deed Book 3803, page 706 (also see Deed Book 3800, page 133), and being more particularly described as follows:

 

Beginning for reference at a found 5/8" Iron Pin with CTL Eng cap at the southeast corner of a tract of land conveyed to BT- OH LLC in Instrument Number 201803010002855885, and in the northerly right-of-way line of Interstate Route IR-70, being parcel 1067E-WL (FRA-270-0.00N/O.OOS) as appropriated by the State of Ohio in Franklin County Court of Common Pleas Case No. 232341 whose Northing is 720778.035, and whose Easting is 1791768.719;

 

Thence, North 0°11'22" East, with the easterly line of said 1.478 acre tract, a distance of 131.64 feet to a 5/8" iron pin found with a cap inscribed CTL Engineering at the southeasterly corner of a 9.202 acre tract of land conveyed to BT-OH LLC, of record in Instrument Number 20180301000285885 and being the True Point of Beginning for this description;

 

Thence with the easterly line of said 9.202 acre tract the following courses: North 0°05'44" East, a distance of 60.52 feet to an iron pin set;

 

North 4°40'01" East, a distance of 753.74 feet to a 5/8" rebar found with no cap; North 3°45'21" East, a distance of 130.41 feet to an iron pin set;

 

North 3°42'03" East, a distance of 360.87 feet to a 5/8" rebar found with no cap; North 7°08'43" West, a distance of 192.68 feet to an iron pin set;

 

North 5°21'20" East, a distance of 84.03 feet to an iron pin set; North 11°51'11" East, a distance of 92.36 feet to an iron pin set; North 20°35'46" East, a distance of 82.04 feet to an iron pin set;

 

North 15°02'37" East, a distance of 119.29 feet to an iron pin set at a point of curvature;

 

With a curve to the right with a central angle of 9°19'00", a radius of 371.82, an arc distance of 60.46 feet, and a chord bearing and distance of North 19°00'48" East for 60.39 feet to an iron pin set at the southeasterly corner of a 0.048 acre tract of land conveyed to City of Columbus, of record in Instrument Number 201809060120670;

 

Thence, North 21°41'39" East, with the easterly line of said 0.048 acre tract, a distance of 57.46 feet to an iron pin set on the southerly right-of-way line of Trabue Road, of record in Plat Book 42 Page 88;

 

Thence, North 77°23'36" East, with said southerly right-of-way line, a distance of 270.60 feet to an iron pin set; Thence along a new division line through said 118.321 acre tract the following courses:

 

South 6°54'01" West, a distance of 332.75 feet to an iron pin set on a curve;

 

With a curve to the left central angle of 1°58'29" a radius of 2,235.00 feet, an arc distance of 77.03 feet, and a chord bearing and distance of South 05°54'46" West for 77.03 feet to an iron pin set;

 

South 4°55'32" West, a distance of 998.37 feet to an iron pin set at a point of curvature;

 

With a curve to the right central angle of 7°07'47" a radius of 960.00 feet an arc distance of 119.46 feet, and a chord bearing and distance of South 08°29'25" West for 119.38 feet to an iron pin set;

 

South 12°03'18" West, a distance of 496.93 feet to a point on a curve;

 

With a curve to the left central angle of 1°47'10" a radius of 2,020.00 feet an arc distance of 62.97 feet, and a chord bearing and distance of South 11•43'30" West for 62.97 feet to an iron pin set;

 

North 78°42'40" West, a distance of 196.90 feet to the True Point of Beginning containing 12.933 acres, more or less.

 

Subject to all covenants, restrictions, reservations, and easements contained in any instrument of record pertaining to the above described tract of land.

 

Horizontal datum, State Plane Coordinates Ohio South Zone NAD83(2011) derived from the Ohio Dept. of Transportation Virtual Reference System. Coordinates taken to ground at latitude N 39°59'21.62079" longitude W 83°07'38.73180" and a project height of 785.809' and a ground scale factor of 1.00004598261233.

 

Basis of bearings is derived from the southwesterly line of the Darby Glen Section 1 Subdivision as recorded in Plat Book 75, Page 47 and being South 58°35'03 East.

 

To Rezone From: R, Rural 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 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, 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 DEVELOPMENT TEXT,”  dated August 23, 2022, and signed by Rebecca J. Mott, Attorney for the Applicant, and the text reading as follows:

 

L-M, Limited Manufacturing

Development Text

 

Property Location and Address: 12.933 +/- acres located south of Trabue Road and north of I-70, Columbus, Ohio 43228 (4885 Trabue Road)

A portion of Franklin County Auditor Tax Parcel Id. No.: 241-000038

Owner:  Norfolk Southern Railway Company f.k.a. Pennsylvania Lines LLC

Applicant/Agent/Attorney:  Buckeye XO, LLC, c/o Rebecca J. Mott, Plank Law Firm, LPA

Current District:  R, Rural (Recently Annexed into the City of Columbus, from Prairie Township, which was zoned in the M-2 Manufacturing District)

Proposed District:  L-M, Limited Manufacturing District

Date of Text:  August 23, 2022

Application Number:  Z22-069

 

I. INTRODUCTIONThe Property consists of approximately 12.933 acres located south of Trabue Road, north of I-70, west of I-270, and east of Hilliard-Rome Road, as more particularly described in the legal description submitted with this application.  Applicant recently purchased approximately 393 acres of real property adjacent to the Property and zoned L-M, Limited Manufacturing, and M, Manufacturing. 

 

The Applicant proposes to rezone the Property to the L-M, Limited Manufacturing District to allow for light industrial, warehouse/office flex, and distribution uses.  The proposed layout of the access, parking, drive aisles, landscaping, and other improvements will be depicted on the final site compliance plan prior to development.

 

II. PERMITTED USES:

 

A.  Primary/Principal Permitted Uses:  Primary/principal permitted uses on the Property shall be those uses as follows:

 

1.                     Commercial offices, as specified under Chapter 3351 and Chapter 3353 of Title 33 of the Columbus, Ohio Code of Ordinances (the “Zoning Code”);

 

2.                     Uses permitted under Chapter 3371 (P-1 Private Parking District);

 

3.                     Uses permitted under Section 3363.01(B)(1) for residential uses restricted to a dwelling unit for a resident security person;

 

4.                     All of those less objectionable uses permitted under Section 3363.02 of the Zoning Code, and uses for wholesaling, warehousing/office flex, warehousing, storage, and distribution of goods and products;

 

5.                     Establishments primarily engaged in transporting, storing, handling, or selling merchandise to retailers, industrial, institutional, distributors, or professional users, or to other wholesalers, or acting as agents in buying or selling merchandise for such persons or companies;

 

6.                     All of those less objectionable uses permitted under Section 3363.03 of the Zoning Code, including loading, unloading, transportation, and distribution of goods and products;

 

7.                     Semi-truck or semi-trailer service station, repair and maintenance, services, detailing, washing, and garages;

 

8.                     Vehicular parking, including semi-truck and trailer parking;

9.                     Retail uses, permitted under Chapter 3355 and Chapter 3356 of the Zoning Code (excluding extended stay hotels), associated with and subordinate to another principal/permitted use and limited to no more than twenty-five (25) percent of the total gross floor area of all structures and buildings, if applicable, on the Property;

 

10.                     Stormwater detention/retention pond(s) on the Property; and

 

11.                     The assembly, compounding, processing, packaging, or treatment (excluding manufacturing), of the following materials or similar products, all of which are less objectionable uses pursuant to Sections 3363.04 through 3363.08, inclusive, of the Zoning Code:

 

(i)                     Metals and metal products, including:  Machinery and Stoves and ranges; Sheet metal work; Machine shops; Jobbing and repair.

 

(ii)                     Wood and paper products, including:  Publishing and printing of newspapers, magazines, books and other publications, and commercial printing; Manifold business forms, greeting cards, bookbinding and related industries; Service industries for the printing trade; Furniture, paper, and paper board (from paper machine only); Household and office furniture, partitions, shelves, lockers, and office and store fixtures; Miscellaneous furniture and fixtures; Planning and millwork; and, Wallboard.

 

(iii)                     Household appliances; Electrical lighting and wiring equipment, and miscellaneous electrical machinery, equipment, and supplies.

 

(iv)                     Motorcycles, bicycles, and parts.

 

(v)                     Musical instruments and parts; Toys, amusements, sporting and athletic goods.

 

(vi)                     Pens, pencils, and other office and artists’ materials; Costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal.

 

(vii)                     Textiles, fibers and bedding, including:  Mattresses, pillows, and quilts; Jute, hemp, and sisal products; Floor covering mills; Linoleum and other hard-surfaced floor covering (except wood); Men’s, women’s, youth’s, girls’, boys’, children’s and infants clothing, furnishings, and allied garments; Broad and narrow woven fabric mills, including cotton, man-made fiber and silk, and dyeing and finishing; Yarn and thread mills; Knitted and woven goods; Nylon; Rayon; Fur goods and miscellaneous textile goods, apparel, and accessories; Footwear, gloves, and mittens; Luggage, handbags, and other personal leather goods; Boot and shoe cut stock and findings; Leather goods not elsewhere classified.

 

(viii)                      Communication equipment, electronic components and accessories, engineering, laboratory, scientific and research instruments and associated equipment, and instruments for measuring, controlling and indicating physical characteristics.

 

(ix)                     Optical instruments and lenses; surgical, medical and dental instruments and supplies, and ophthalmic goods; photographic equipment and supplies.

 

(x)                     Watches, clocks, clockwork operated devices and parts; jewelry, silverware, and plated ware.

 

(xi)                     Plastic parts and materials and synthetic resins; Synthetic rubber; Synthetic and other man-made fibers.

 

(xii)                     Automobile parts, accessories, and electronic components.

 

(xiii)                      Food and beverage products, not involving the slaughter of meat, including:  Canning and preserving fruits, vegetables, and seafood; Bakery products; Candy and other confectionary products; and, Sausages and other prepared meat products, dairy products, grain mill products, and beverage industries.

 

(xiv)                      Pharmaceuticals.

 

III. DEVELOPMENT STANDARDS:

 

Unless otherwise indicated in this Limitation Text, the applicable development standards for the Property contained in Chapter 3363 of the Zoning Code shall apply.  

 

A.                     Density, Height, Lot, and/or Setback Commitments:

N/A

 

B.  Access, Loading, Parking and/or Traffic Related Commitments: 

 

1.                     There will be no direct access from the Property to the Trabue Road right-of-way.

 

2.                     The Property shall connect with, and provide access to, the parcels directly north and south of the Property, on real property that Applicant owns and controls and by easement in the future when/if the Property is transferred or sold.

 

3.                     The Property may provide parking for the uses on the adjacent properties to the north and south of the Property.

 

C.  Buffering, Landscaping, Open Space, and/or Screening Commitments:

 

1.                     Evergreen trees shall be installed at 5’ to 6’ height minimum (height at time of planting) along the eastern property line.  The plantings will be installed starting at the northeastern corner of the Property and extend along the eastern property line for approximately 1,500 linear feet.  Trees shall be installed in two staggered rows at 40’ on center spacing. 

 

2.                     To the extent feasible and practicable (due to Property narrowing and grading), Applicant shall also install one row of evergreen trees 5’ to 6’ height minimum (height at time of planting) 40’ on center spacing and ornamental shrubs, in the area extending further south from the end point of the 1,500 linear footage of landscaped treatment, as described above in Section III(C)(1) for a distance of approximately 750 linear feet.

 

D.  Building Design and/or Exterior Treatment Commitments:

 

N/A

 

E.  Lighting and/or other Environmental Commitments:

 

N/A

 

F.  Graphics and/or Signage Commitments:

 

All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the M, Manufacturing District.  Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.

 

SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.