Explanation
Rezoning Application Z13-061
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/commercial 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 and CPD, Commercial Planned Development Districts, will allow limited industrial and commercial development on a currently vacant site. The CPD text includes development standards for two subareas including height, lot coverage, landscaping and building materials, and commits to a site plan. 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 1895 STELZER ROAD (43219), being 2.57± acres located on the west side of Stelzer Road, 700± feet south of Citygate Drive, From: R, Rural District, To: L-M, Limited Manufacturing and CPD, Commercial Planned Development Districts (Rezoning # Z13-061).
Body
WHEREAS, application #Z13-061 is on file with the Department of Building and Zoning Services requesting rezoning of 2.57± acres from R, Rural District, to L-M, Limited Manufacturing and CPD, Commercial Planned Development Districts; 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:
1895 STELZER ROAD (43219), being 2.57± acres located on the west side of Stelzer Road, 700± feet south of Citygate Drive, 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 that tract conveyed to Sean Brogan and Barbara Brogan by deed of record in Instrument Number 201209070131716 (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 South 03° 09' 34" West, with the centerline of said Stelzer Road, a distance of 405.27 feet to a point;
thence South 03° 34' 11" West, continuing with said centerline, a distance of 337.47 feet to a point;
thence North 86° 36' 09" West, across the right-of-way of said Stelzer Road, a distance of 58.00 feet to a northwesterly corner of said Brogan tract;
thence North 86° 36' 09" West, with the northerly line of said Brogan tract, a distance of 298.00 feet to the TRUE POINT OF BEGINNING;
thence South 03° 34' 11" West, across said 2.707 acre tract, a distance of 100.62 feet to a point in the southerly line of said Brogan tract;
thence North 86° 29' 53" West, with the southerly line of said Brogan tract, a distance of 817.28 feet to a southwesterly corner thereof;
thence North 03° 00' 41" East, with the westerly line of said Brogan tract, a distance of 99.14 feet to a northwesterly corner thereof;
thence South 86° 36' 09" East, with the northerly line, a distance of 818.24 feet the TRUE POINT OF BEGINNING, and containing 1.88 acre of land, more or less.
To Rezone From: R, Rural District
To: L-M, Limited Manufacturing District
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 as conveyed to Magoo Properties LLC by deed of record in Instrument Number 201203050030015 and that tract conveyed to Sean Brogan and Barbara Brogan by deed of record in Instrument Number 201209070131716 (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 South 03° 09' 34" West, with the centerline of said Stelzer Road, a distance of 405.27 feet to a point;
thence South 03° 34' 11" West, continuing with said centerline, a distance of 337.47 feet to a point;
thence North 86° 36' 09" West, across the right-of-way of said Stelzer Road, a distance of 58.00 feet to a northwesterly corner of said Brogan tract, being the TRUE POINT OF BEGINNING;
thence South 03° 34' 11" West, across said Brogan acre tract, a distance of 101.16 feet to a point in the southerly line of said Brogan tract;
thence North 86° 29' 53" West, with the southerly line of said Brogan tract, a distance of 298.00 feet to a point;
thence North 03° 34' 11" East, across said Brogan tract, a distance of 100.62 feet to a point in the northerly line of said Brogan tract;
thence South 86° 36' 09" East, with said northerly line, a distance of 298.00 feet the TRUE POINT OF BEGINNING, and containing 0.69 acre of land, more or less.
To Rezone From: R, Rural District
To: CPD, Commercial Planned Development District
SECTION 2. That a Height District of one hundred and ten (110) feet is hereby established on the L-M, Limited Manufacturing and CPD, Commercial Planned Development Districts 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, AND CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT TEXTS" 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, AND
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT TEXTS
Existing District: Rural, Residential
Proposed District: L-M, Limited Manufacturing and CPD, Commercial Planned Development
Property Address: 1895 Stelzer Road
Owner: Sean and Barbara Brogan
Applicant: Magoo Properties LLC
Application No.: Z13-061
Date of Text: 5/13/2014
I. INTRODUCTION:
The applicant has been involved in a series of zoning efforts to the north which establish L-M zoning on the rear portion of the site and CPD zoning on the Stelzer Road frontage. The applicant wants to establish that same zoning pattern on its new property to the south.
II. SUB-AREA "A": 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. Sub-Area A 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. Lot coverage for structures and paved areas shall not exceed eighty-five (85%) percent.
3. The total amount of retail for the entire site (both Subareas A &B) shall be limited to a maximum of 20,000 sq. ft. This restriction shall not apply to hotels / motels.
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 Stelzer Road. Existing trees along Stelzer Road shall satisfy this requirement.
2. A minimum of 1 tree shall be planted for every 10 parking spaces.
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 Stelzer Road, 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 Stelzer Road 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 Stelzer Road shall provide an internal sidewalk or pedestrian pathway that would connect the building's front door to a sidewalk along Stelzer Road.
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 east and west sides 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.
III. SUB-AREA "B": CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
1. PERMITTED USES:
All uses permitted in the C-4, Commercial District (C.C.C. §3356.03) and C-5, Commercial District (C.C.C. §3357.01), except as prohibited and restricted below. A convenience store shall be permitted only with a gas use.
2. PROHIBITED USES:
Amusement arcades; Animal shelters; Astrology, fortune telling, and palm reading services; Billboards, Blood and organ banks; Bowling centers; Call centers; Check cashing and loans; Coin-operated laundries; Community food pantry; Convention and visitors bureaus; Crematories; Drive-in motion picture theaters; Electric substation; Halfway houses; Hospitals; Linen and uniform supply; Missions/temporary shelters; Pawn brokers; Repossession services; Spectator sports and related industries; television and radio studio; Tobacconist; Utility pump station; Warehouse clubs and supercenters.
3. DEVELOPMENT STANDARDS:
Unless otherwise indicated in the text, the applicable development standards are contained in Chapter 3356 (C-4, Commercial) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Commitments.
1. A minimum 60-foot building setback shall be established from Stelzer Road. A 25-foot building setback shall be permitted for the canopy of any gas or service station islands, should the Site be developed with a gas station or service station.
2. A minimum 25-foot parking/maneuvering setback shall be established from Stelzer Road.
3. Sub-Area B shall be designated in the H-110 Height District. Building and structures shall not exceed an absolute height of 55 feet except for hotel/motel which shall be subject to the H-110 Height District with no height limitation. 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 absolute height of 55 feet. Building-mounted antennas and aerials shall not exceed 20 additional feet above the absolute height of 55 feet.
4. Lot coverage for structures and paved areas shall not exceed eighty-five (85%) percent.
5. No more than two rows of parking and a drive aisle shall be permitted between Stelzer Road and the building(s).
6. The total amount of retail for the entire site (for both Subareas A & B) shall be limited to 20,000 sq. ft. This restriction shall not apply to hotels/motels.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments: N/A
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Trees shall be planted within the front parking setback at the minimum rate of 1 tree for every 40 lineal feet of street frontage along Stelzer Road. Existing trees along Stelzer Road shall satisfy this requirement as it applies to Stelzer Road.
2. Trees do not have to be equally spaced, but may be grouped. Tree species shall be selected and planted in a manner that does not obstruct motorists' vision.
3. The entryway to the Site may feature landscaping with a compilation of evergreen and/or deciduous shade and/or deciduous evergreen shrubs. Any landscaping shall be integrated into the entry feature without blocking visibility at intersections.
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 Stelzer Road, 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 Stelzer Road 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.
6. If a gas use is developed on this site, then the building shall be located along Stelzer Road with the pump islands to the west of the building. The Stelzer Road building elevation for the gas use shall comply with items D.5. above. In addition there shall be no parking/pavement between Stelzer Road and the gas building setback from Stelzer Road. The gas use shall not have any pay phones outside of the building. The operator of the gas use shall not play music on any outdoor speakers.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Canopy lighting shall be fully recessed.
2. All lighting shall be so positioned as to not be directed toward any abutting residentially-zoned area.
3. Wiring within the subject Site shall be underground.
4. Outdoor display and/or sales for gas use:
a. On sidewalks abutting buildings; only if said sidewalk has a minimum depth of nine (9) feet. At least five (5) feet of said sidewalk shall remain free of display materials to permit pedestrian /A.D.A. transit.
b. At the ends of fuel pump islands only if depicted on the zoning clearance site plan; and the maximum footprint of displays at the end of fuel islands shall be four (4) by four (4) feet.
c. The maximum height for any outside display and/or sales shall be three feet, except for soda machines, ice chests or other comparable sales devices.
d. The outdoor display area shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, firewood, mulch, flowers, Christmas wreaths.
5. The buildings which front along Stelzer Road shall provide or internal sidewalk or pedestrian pathway that would connect the building's front door to a sidewalk along Stelzer Road.
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 C-4, Commercial 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. Other CPD Requirements.
1. Natural Environment: The natural environment of Sub-Area B is flat terrain.
2. Existing Land Use: The property previously consisted of residential structures, which will or have already been demolished.
3. Circulation: Access to and from Sub-Area B will be from Stelzer Road, as approved by the City of Columbus Department of Public Service, Division of Planning and Operations.
4. Visual Form of the Environment: The area surrounding Sub-Area B is developed with L-M and CPD uses and/or zonings to the north and south, and L-M on the west. The east side of Stelzer Road is zoned residential.
5. Visibility: Sub-Area B fronts on Stelzer Road and will be visible from the street frontage.
6. Proposed Development: Commercial and/or light manufacturing development, including retail or service uses, is proposed.
7. Behavior Patterns: The Site is located on Stelzer Road, a major arterial, south of the intersection of a major business park and employment center (City Gate). Vehicular access will be the principle means of access through curb cuts approved by the Department of Public Service Division of Planning and Operations. Onsite vehicular and pedestrian circulation will be as approved through the plan review process.
8. Emissions: Development on Sub-Area B will conform to development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: The use of the CPD mechanism permits a variance to the required Stelzer Road building setback line. Stelzer Road is a 4-2D arterial on the Columbus Thoroughfare Plan, with a designated right-of-way width of 120 feet, thus requiring a 60-foot building setback line rather than the 25-foot building setback line that is proposed herein. The requested 25-foot building setback shall only apply to the canopy of any gas or service station islands, should the Site be developed with a gas station or service station. Otherwise, the Code-required 60-foot building setback line shall be maintained.
H. 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. Abandonment: The retail filing station use shall be considered abandoned if it has ceased operations or is closed to the public for a minimum of 6 months in any 12 month period. The owner or lessee of the retail filing station and/or related structures shall, within seven (7) days of the beginning of the closure period referred to herein:
a. Install wheel blocks, firmly attached, across the driveway entrance to the fuel area to prohibit unauthorized vehicle parking or abandonment of motor vehicles.
b. Shall remove all signs and pumps.
c. Shall board up all windows, doors and entrances to prevent the breakage of glass and the unauthorized entrance herein.
d. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks.
e. Shall during the closure period cut all grass, remove all rubbish and weeds and continue maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
3. Any remaining right-of-way shall be dedicated to the City of Columbus, as necessary, in order to achieve a 60-foot wide right-of-way from centerline of Stelzer Road.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.