Explanation
Rezoning Application Z12-010
APPLICANT: Hidden Creek Landscaping Inc.; c/o Clayton D. Hall, Attorney; 2041 Riverside Drive, Suite 202; Columbus, OH 43221.
PROPOSED USE: Landscaping contractor's yard and wholesale/retail nursery.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on April 12, 2012.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-M, Limited Manufacturing District will allow a landscaping contractor office and storage, and a wholesale/retail nursery. The site is located within the planning area of the Trabue/Roberts Area Plan (2011), which recommends light industrial uses for this location. The limitation text contains appropriate use restrictions, screening, and lighting controls consistent with the adjacent L-M-2, Limited Manufacturing District. The request is consistent with the zoning and development patterns of the area, and with the land use recommendations of the Trabue/Roberts Area Plan.
Title
To rezone 3936 SCIOTO DARBY CREEK ROAD (43026), being 7.98± acres located on the north side of Scioto Darby Creek Road, 980± feet west of Scioto Darby Executive Court, From: R-1, Residential and C-4, Commercial Districts, To: L-M, Limited Manufacturing District and to declare an emergency (Rezoning # Z12-010).
Body
WHEREAS, application #Z12-010 is on file with the Building and Zoning Services Department requesting rezoning of 7.98± acres from R-1, Residential and C-4, Commercial Districts, to L-M, 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, Limited Manufacturing District contains appropriate use restrictions, screening, and lighting controls consistent with the adjacent L-M-2, Limited Manufacturing District. The request is consistent with the zoning and development patterns of the area, and with the land use recommendations of the Trabue/Roberts Area Plan area, 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 to begin construction as soon as possible 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:
3936 SCIOTO DARBY CREEK ROAD (43026), being 7.98± acres located on the north side of Scioto Darby Creek Road, 980± feet west of Scioto Darby Executive Court, and being more particularly described as follows:
Tract 1
Parcel No. 560-162437
Situated in the State of Ohio, County of Franklin and City of Columbus;
Being a part of Survey #547 Virginia Military District, and being more particularly described as follows:
Beginning at a point in the centerline of Mill Road N. 73 deg. 37' E. 520.14 feet to the west line of Survey #547; thence on a line parallel to said survey line N. 9 deg. 30' W. 881.27 feet to an iron pipe, (passing an iron pipe at 30.22 feet); thence N. 72 deg. 14' E. 882.94 feet to the centerline of Mill Road, (passing an iron pipe at 851.72 feet); thence with the centerline of said road, S. 73 deg. 37' W. 100 feet to the place of beginning, and containing 1.98 acres, more or less.
To Rezone From: C-4, Commercial District
To: L-M, Limited Manufacturing District
Tract 2
Parcel No. 560-162428
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being parcel number seven (7) of Allen L. McDowell's parcel plat on Fuller Mill Road, and being part of Survey 547, Virginia Military District, and being more particularly described as follows:
Being at a point in the centerline of Mill Road N. 73 deg. 37' E. 620.24 feet from the west line of survey #547; thence on a line parallel to said survey line N. 9 deg. 30' W. 881.94 feet to an iron pipe (passing an iron pipe at 30.22 feet); thence N. 73 deg. 14' E. 100.08 feet to an iron pipe; thence on a line parallel to said survey line S. 9 deg. 30' E. 882.61 feet to the centerline of Mill Road, (passing an iron pipe at 852.39 feet); thence with the centerline of said road, S. 73 deg. 37' W. 100 feet to the of beginning, and containing 1.98 acres, more or less.
Parcel No. 560-162431
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being a part of Survey #547 Virginia Military District, and being more particularly described as follows:
Beginning at a point in the centerline of Mill Road N. 73 deg. 37' E. 420.14 feet from the west line of survey #547; thence on a line parallel to said Survey line N. 90 deg. 30' W. 880.61 feet to an iron pipe, passing an iron pipe at 30.22 feet); thence N. 73 deg. 14' E 100.08 feet to an iron pipe; thence on a line parallel to said survey line S. 9 deg. 30' E. 881.27 feet to the centerline of said Mill Road, (passing an iron pipe at 851.05 feet); thence with the centerline of said road, S. 73 deg. 37' W. 100 feet to the place of beginning, and containing 2.01 acres, more or less.
Parcel No. 560-162435
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being a part of Survey #547 Virginia Military District, and being more particularly described as follows:
Beginning at a point in the centerline of Mill Road N. 73 deg. 37' E. 320.14 feet from the west line of Survey #547; thence on a line parallel to said Survey line N. 9 deg. 30' W. 879.94 feet to an iron pipe, (passing an iron pipe at 30.22 feet); thence N. 73 deg. 14' E. 100.08 feet to an iron pipe; thence on a line parallel to said Survey line S. 9 deg. 30' E. 880.61 feet to the center line of said Mill Road, (passing an iron pipe at 830.39 feet); thence with the centerline of said Road S. 73 deg. 37'W. 100 feet to the place of beginning and containing 2.01 acres, more or less.
To Rezone From: R-1, Residential 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 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, "LIMITATION TEXT," signed by Clayton D. Hall, Attorney for the Applicant, dated July 10, 2012, and reading as follows:
LIMITATION TEXT
L-M, Limited Manufacturing District
7.98 + Acres
Existing District: R-1, Residential and C-4, Commercial
Proposed District: L-M, Limited Manufacturing
Property Address: 3936 Scioto Darby Creek Road
Owner: Sara Ramsey; 3920 Scioto Darby Creek Road; Hilliard, Ohio 43026
Applicant: Hidden Creek Landscaping, Inc.; c/o Clayton D. Hall; The Law Offices of Clayton D. Hall, LLC; 2041 Riverside Drive, Suite 202; Columbus, Ohio 43221; clayton@law-cdh.com
Application Number: Z12-010
Date: July 10, 2012
I. INTRODUCTION
The subject site ("Site") consists of four (4) parcels of land consisting of a total of 7.98 + acres situated on the north side of Scioto Darby Creek Road, east of I-270 on the west side of the city. The Site is currently bounded on the north and east by adjacent parcels zoned R-1 and on the west by an adjacent parcel zoned L-M2. On the south side of Scioto Darby Creek Road is a large parcel zoned M-1, owned by Columbus and Southern Ohio Electric Company, with an adjacent M-2 tract to the east. Further to the east are landscaping and other businesses operating under C-4 and M-2 zoning districts. The area is predominantly zoned as commercial or manufacturing with some large-lot single-family residential parcels throughout the area.
Applicant proposes to rezone the Site from C-4 (560-162437-00) and R-1 (560-162435-00, 560-162431-00 and 560-162428-00), to allow light manufacturing and related uses for a landscaping company. The property is currently improved with two (2) existing single-family residences which shall remain as legal non-conforming uses following rezoning, until such time as the applicants make use of the structures.
II. PERMITTED USES
The Subject Site is to be used as an office, parking and equipment storage area for a contractor business as permitted by Sections 3363.01(A) and 3363.02(a). Property contains a dwelling unit for a resident security person as allowed by Columbus City Code Section 3363.01(B)(1). Property may also be used for a wholesale nursery as permitted by Section 3363.02(d) and open storage pursuant to the limitations and distance requirements listed in Section 3363.41 of the Columbus Zoning Code. The Subject Site may also be used as a retail Nursery (Garden Center) with a display area of planting or landscape stock including greenhouses. Gross square footage of buildings for the Garden Center use may be up to 12,500 square feet. All other uses are prohibited.
III. DEVELOPMENT STANDARDS
A. Access, Loading, Parking and/or Other Traffic Related Commitments
1. Any and all traffic related commitments shall be designated and located to the specifications of the City of Columbus Department of Public Service.
2. Applicant commits that upon redevelopment of the parcel to the west or redevelopment to the east, a cross access easement shall be provided for a shared access configuration. Applicant will additionally commit a right of way dedication of 50 feet from the centerline along Scioto Darby Creek Road as required by C.C.C. Section 4309.17.
B. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The applicant shall maintain a 30-foot no-build zone/no disturb zone as measured from the rear property line, extending the entire length of the rear/north property line, to buffer the site from residential property owners to the north for as long as that property is zoned residential. The property along that line is moderately to heavily buffered with natural brush, trees and a stream. Applicant shall install and/or maintain buffering consisting of 6-foot decorative wall or fence and/or landscaping from the rear corner or the property and running the length of the property where the natural foliage is insufficient to buffer the site from the residential property owners to the north.
2. The applicant shall also maintain a 30-foot no-build/no disturb zone along the east property line for as long as that property is zoned residential. A portion of the property along the east line is moderately to heavily buffered with natural brush, trees and a stream. Applicant shall install and/or maintain buffering consisting of 6-foot decorative wall or fence and/or landscaping from the rear corner or the existing building and running the length of the east property line where the natural foliage is insufficient to buffer the site from the residential property owners to the east.
C. Dumpster, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. Except for decorative lighting, all light poles shall be metal and such poles shall be the same color. Light poles in parking areas shall not exceed 18 feet in height.
2. Any future wiring or utility installation within the Site shall be underground when appropriate.
3. There shall be no outdoor public address system, outdoor call system, or other outdoor audible system permitted on the Site except that a paging system shall be allowed for the purposes of paging employees only.
D. Graphics and Signage Commitments
All signage and graphics shall conform to Article 15, Title 33 of the Columbus City Code as it applies to M, Manufacturing classification. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
E. Miscellaneous Commitments
Applicant shall provide a monetary contribution to the City of Columbus pursuant to the Parkland Dedication requirements of C.C.C. §3318.13, calculated at $400 per acre or fraction thereof. Payment shall be made at the time of rezoning clearance approval.
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.