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File #: 0889-2022    Version: 1
Type: Ordinance Status: Passed
File created: 3/18/2022 In control: Zoning Committee
On agenda: 4/4/2022 Final action: 4/6/2022
Title: To rezone 3500 ALUM CREEK DR. (43207), being 23.53± acres located on the east side of Alum Creek Drive at the intersection with New World Drive, From: L-M, Limited Manufacturing District, To: L-M, Limited Manufacturing District (Rezoning #Z21-040).
Attachments: 1. ORD0889-2022_Attachments, 2. ORD0889-2022_Labels

Explanation

 

Rezoning Application: Z21-040

 

APPLICANT: 3500 ACD, LLC; c/o Deanna R. Cook, Atty.; 52 East Gay Street; Columbus, OH 43215.

                     

PROPOSED USE: Limited commercial or industrial development.

 

DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on February 10, 2022.

 

FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The 23.48± acre site consists of one parcel developed with a former vocational school building that has been converted to an office/storage facility in the L-M, Limited Manufacturing District with Rezoning Application #Z16-072 (Ordinance #0629-2017). The requested L-M, Limited Manufacturing District will add outdoor storage of boats, campers, and RVs in addition to the limited commercial, industrial, and storage yard uses permitted by the current district. The limitation text provides use restrictions, buffering and screening provisions, and a commitment to a site plan. The site is located within the boundaries of the South Alum Creek Neighborhood Plan (2004), which recommends “Institutional” land uses for this location. The plan notes that since the site was occupied by a vocational school, it should be reserved for institutional uses in perpetuity. Deviation from the Plan recommendation was supported with the previous rezoning because the proposed uses were not a complete departure from the activities that occurred when the property was being used as a vocational school, and because of the industrial nature of the corridor. With preservation of the previously established vocational and institutional uses, and the addition of street trees along the Alum Creek Drive frontage to screen the storage area, staff recognizes these as mitigating factors to not oppose the proposed additional use.

 

Title

 

To rezone 3500 ALUM CREEK DR. (43207), being 23.53± acres located on the east side of Alum Creek Drive at the intersection with New World Drive, From: L-M, Limited Manufacturing District, To: L-M, Limited Manufacturing District (Rezoning #Z21-040).

 

Body

 

WHEREAS, application #Z21-040 is on file with the Department of Building and Zoning Services requesting rezoning of 23.53± acres From: L-M, Limited Manufacturing District, To: L-M, Limited Manufacturing District; and

 

WHEREAS, the Development Commission recommends approval of said zoning change; and

 

WHEREAS, the Far South Columbus Area Commission recommends approval of said zoning change; and

 

WHEREAS, the City Departments recommend approval of said zoning change because although the proposed storage of boats, campers, and RVs is inconsistent with the “Institutional” land use recommendation of the South Alum Creek Neighborhood Plan, Planning Division staff notes the industrial nature of the corridor, the preservation of the previously established vocational and institutional uses, and the addition of street trees along the Alum Creek Drive frontage to screen the storage area. Staff recognizes these as mitigating factors to not oppose the proposed additional use;

 

 

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 # 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:

 

3500 ALUM CREEK DR. (43207), being 23.53± acres located on the east side of Alum Creek Drive at the intersection with New World Drive, and being more particularly described as follows:

 

Legal Description Area ONE - 17.270 ACRES

 

                     Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Township 11, Range 21, Congress Lands, being part of that 25.09 acre tract conveyed to 3500 ACD LLC by deed of record in Instrument Number 201610270147911, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:

 

                     Beginning, for reference, at Franklin County Geodetic Survey monument number 8840 found at the centerline intersection of Alum Creek Drive (right-of-way varies) with Watkins Road (right-of-way varies);

 

                     Thence with the centerline of said Alum Creek Drive, the following courses and distances:

 

South 03° 52’ 01” West, (passing a 3/4 inch solid iron pin found in a concrete monument box at 317.62 feet (12.82 feet east, being on the centerline of construction), a total distance of 879.84 feet to a point;

 

South 03° 58’ 29” West, a distance of 1126.30 feet to a point; and

 

South 04° 02’ 12” West, a distance of 769.13 feet to the westerly common corner of that 2.443 acre tract conveyed to City of Columbus, Ohio by deed of record in Official Record 16840D14 and that 1.557 acre tract conveyed as Parcel 136-WD to City of Columbus, Ohio by deed of record in Instrument Number 201001110003246;

                     

                     Thence South 86° 28’ 52” East, across the right-of-way of said Alum Creek Road, with the southerly line of said 2.443 acre tract, that 0.407 acre tract conveyed as Parcel 137-WDV1 to City of Columbus, Ohio by document of record in Instrument Number 200911170165268, and that 26.772 acre tract conveyed to JAL Realty Alum Creek LLC by deed of record in Instrument Number 202202070020249, the northerly line of said 1.557 acre tract and that 0.223 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number to be determined, (passing a 5/8 inch rebar capped “CEC” found at a distance of 70.00 feet) a total distance of 80.00 feet to an iron pin set in the easterly right-of-way line of said Alum Creek Drive, being the northwesterly corner of the remainder of said 25.09 acre tract;

 

Thence South 04° 02’ 12” West, with the easterly right-of-way line of said Alum Creek Drive, the line common to the remainder of said 25.09 acre tract and said 0.223 acre tract, a distance of 258.39 feet to an iron pin set, being the TRUE POINT OF BEGINNING;

 

                     Thence across said 25.09 acre tract, the following courses and distances:

 

                     South 56° 07' 01" East, a distance of 57.48 feet to an iron pin set;

 

South 85° 40' 13" East, a distance of 17.32 feet to an iron pin set;

 

South 86° 28' 56" East, a distance of 221.52 feet to an iron pin set;

 

North 48° 31' 04" East, a distance of 16.38 feet to an iron pin set;

 

North 03° 31' 04" East, a distance of 111.10 feet to an iron pin set;

 

South 86° 28' 56" East, a distance of 330.00 feet to an iron pin set;

 

South 03° 31' 04" West, a distance of 116.00 feet to an iron pin set at a point of curvature; and

 

with the arc of a curve to the left, having a central angle of 90° 00' 00", a radius of 11.00 feet, an arc length of 17.28 feet, a chord bearing of South 41° 28' 56" East and chord distance of 15.56 feet to an iron pin set;

 

South 86° 28' 56" East, a distance of 402.35 feet to an iron pin set in the westerly line of “Valley Green”, a subdivision of record in Plat Book 45, Page 46;

 

Thence South 04° 10' 10" West, with the easterly line of said 25.09 acre tract, the westerly line of said “Valley Green”, (passing a 3/4 inch iron pin found at 1.41 feet, 105.31 feet, 157.31 feet, 313.31 feet, 417.31 feet, 573.31 feet and 625.31 feet), a total distance of 680.96 feet to a 1 inch iron pin found in the northerly line of “The Village at Williams Creek Eighth Amendment”, of record in Condominium Plat Book 96, Page 92 (Declaration of record in Instrument Number 200110300249871);

 

Thence North 86° 17' 02" West, with the southerly line of said 25.09 acre tract, the northerly line of said “The Village at Williams Creek Eighth Amendment”, “The Village at Williams Creek Seventh Amendment”, of record in Condominium Plat Book 95, Page 99 (Declaration of record in Instrument Number 200110010225574), “The Village at Williams Creek Fourth Amendment”, of record in Condominium Plat Book 94, page 27 (Declaration of record in Instrument Number 200107170162089), and “The Village at Williams Creek”, of record in Condominium Plat Book 90, Page 21 (Declaration of record in 200101100006782), a distance of 1042.06 feet to an iron pin set at an angle point in said easterly right-of-way line, at the common corner of the remainder of said 25.09 acre tract and said 0.223 acre tract;

 

Thence North 04° 02' 12" East, with said easterly right-of-way line, the westerly line of the remainder of said 25.09 acre tract, the easterly line of said 0.223 acre tract, a distance of 710.95 feet to the TRUE POINT OF BEGINNING, containing 17.270 acres, more or less.

 

Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.

 

Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.

 

The coordinates shown on this map are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011). Said coordinates are based upon positional solutions derived from RTK GPS observations using the Ohio Department of Transportation's Ohio Real Time Network equipment and software.  The portion of the centerline of right-of-way of Alum Creek Drive, having a bearing of S 04°02'12" W, is the basis of bearing for this survey.

 

This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey.

 

Legal Description Area Two - 5.987 ACRES

 

                     Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Township 11, Range 21, Congress Lands, being part of that 25.09 acre tract conveyed to 3500 ACD LLC by deed of record in Instrument Number 201610270147911, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:

 

                     Beginning, for reference, at Franklin County Geodetic Survey monument number 8840 found at the centerline intersection of Alum Creek Drive (right-of-way varies) with Watkins Road (right-of-way varies);

 

                     Thence with the centerline of said Alum Creek Drive, the following courses and distances:

 

South 03° 52’ 01” West, (passing a 3/4 inch solid iron pin found in a concrete monument box at 317.62 feet (12.82 feet east, being on the centerline of construction), a total distance of 879.84 feet to a point;

 

South 03° 58’ 29” West, a distance of 1126.30 feet to a point; and

 

South 04° 02’ 12” West, a distance of 769.13 feet to the westerly common corner of that 2.443 acre tract conveyed to City of Columbus, Ohio by deed of record in Official Record 16840D14 and that 1.557 acre tract conveyed as Parcel 136-WD to City of Columbus, Ohio by deed of record in Instrument Number 201001110003246;

                     

                     Thence South 86° 28’ 52” East, across the right-of-way of said Alum Creek Road, with the southerly line of said 2.443 acre tract, that 0.407 acre tract conveyed as Parcel 137-WDV1 to City of Columbus, Ohio by document of record in Instrument Number 200911170165268, and that 26.772 acre tract conveyed to JAL Realty Alum Creek LLC by deed of record in Instrument Number 202202070020249, the northerly line of said 1.557 acre tract and that 0.223 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number to be determined, (passing a 5/8 inch rebar capped “CEC” found at a distance of 70.00 feet) a total distance of 80.00 feet to an iron pin set in the easterly right-of-way line of said Alum Creek Drive, being the northwesterly corner of the remainder of said 25.09 acre tract and the TRUE POINT OF BEGINNING;

 

                     Thence South 86° 28’ 52” East, with the line common to said 25.09 and 26.722 acre tracts, (passing a concrete fence post found at 1043.23 feet) a total distance of 1044.34 feet to a point in the westerly line of Lot 75 of “Valley Green”, a subdivision of record in Plat Book 45, Page 46;

 

                     Thence South 04° 10’ 10” West, with the easterly line of said 25.09 acre tract, the westerly line of said “Valley Green”, a distance of 291.99 feet to an iron pin set (being North 04° 10’ 10” East, a distance of 1.41 feet from a 3/4 inch iron pin found at the common corner of Lot 80 and Lot 81 of said “Valley Green”);

 

                     Thence across said 25.09 acre tract, the following courses and distances:

 

                     North 86° 28' 56" West, a distance of 402.35 feet to an iron pin set at a point of curvature;

 

with the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 11.00 feet, an arc length of 17.28 feet, a chord bearing of North 41° 28' 56" West and chord distance of 15.56 feet to an iron pin set;

 

North 03° 31' 04" East, a distance of 116.00 feet to an iron pin set;

 

North 86° 28' 56" West, a distance of 330.00 feet to an iron pin set;

 

South 03° 31' 04" West, a distance of 111.10 feet to an iron pin set;

 

South 48° 31' 04" West, a distance of 16.38 feet to an iron pin set;

 

North 86° 28' 56" West, a distance of 221.52 feet to an iron pin set;

 

North 85° 40' 13" West, a distance of 17.32 feet to an iron pin set; and

 

North 56° 07' 01" West, a distance of 57.48 feet to an iron pin in set in the line common to the remainder of said 25.09 acre tract and said 0.223 acre tract, being the easterly right-of-way line of said Alum Creek Drive;

 

Thence North 04° 02' 12" East, with said easterly right-of-way line, the line common to the remainder of said 25.09 acre tract and said 0.223 acre tract, a distance of 258.39 feet to the TRUE POINT OF BEGINNING, containing 5.987 acres, more or less.

 

Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.

 

Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.

 

The coordinates shown on this map are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011). Said coordinates are based upon positional solutions derived from RTK GPS observations using the Ohio Department of Transportation's Ohio Real Time Network equipment and software.  The portion of the centerline of right-of-way of Alum Creek Drive, having a bearing of S 04°02'12" W, is the basis of bearing for this survey.

 

This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey.

 

EVANS, MECHWART, HAMBLETON & TILTON, INC.

Heather L. King

Professional Surveyor No. 8307

 

To Rezone From: L-M, Limited Manufacturing 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 in the office of the Department of Building and Zoning Services 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 site plan being titled, "3500 ALUM CREEK DRIVE SITE PLAN," dated March 2, 2022, and text titled, "LIMITATION TEXT," dated January 18, 2022, both signed by Deanna Cook, Attorney for the Applicant, and the text reading as follows:

 

LIMITATION TEXT:

 

Property Location: 3500 Alum Creek Drive, Columbus, Ohio

Parcel No: 530-156583

Owner: 3500 ACD, LLC

Applicant: 3500 ACD, LLC

Proposed District: L-M - Limited Manufacturing

Date of Text: January 18, 2022

Application: Z21-040

 

I. INTRODUCTION

 

The subject property consists of 23.53 +/- acres (the “Site”) located south of Watkins Road and East of the intersection of Alum Creek Drive and New World Drive. North of the Site is property zoned L-M-2; South of the Site is residential property zoned PUD6; East of the Site is property zoned R-2; and West of the Site is property zoned M-1.

 

The applicant proposes to rezone the Site to Limited Manufacturing, L-M to allow for certain uses permitted in the M zoning district. The applicant further proposes to divide the Site into two (2) separate areas (hereinafter, “Area One” and “Area Two”), each with its own permitted uses and development standards, as described herein.

 

Area One shall be located in the general location identified as Area One” on the site plan submitted along with this Limitation Text (the “Site Plan”). Area Two shall be located in the general location identified as Area Two on the Site Plan.

 

After rezoning the Site, the applicant plans to split the 23.53 +/- acre Site into two (2) parcels, one of which shall be comprised of Area One described herein, and the second of which shall be comprised of Area Two described herein, by submitting a lot split application to the City of Columbus and the Franklin County, Ohio Auditor. Such lot split is not a condition to the rezoning of the Site.

 

II. PERMITTED USES IN Area ONE

 

A. The following uses in the C-2 zoning classification, as permitted pursuant to Title 33, Chapter 3363.01 (M-Manufacturing District), shall be permitted in Area One:

 

1.  Offices for Professional, Scientific, and Technical Services, which may include, for example:

 

a. Accounting and Bookkeeping Services

b. Contractors                     

c. Architectural, Drafting, Engineering, Graphic and Landscape Design Services

 

2. Non-Office Commercial Facilities, including:

 

a. Educational Facility, Business, Computer, Management and Training Facilities

b. Educational Facility, Professional, Secretarial, Technical, and Trade, including, for example, construction and related trades.

                     

B. The following uses in the C-4 zoning classification, as permitted pursuant to Title 33, Chapter 3363.01 (M-Manufacturing District), shall be permitted in Area One:

 

1. Automotive Maintenance and Repair, including maintenance and repair of construction equipment, tools, trucks, machinery and other similar equipment, tools, trucks, and machinery, but expressly excluding motor vehicles for personal use.

 

2. Incidental materials used in connection with the repair and/or maintenance described in Paragraph II (B)(1), including, for example, fuel, oil, petroleum, and other similar materials, may be stored on the site. 

                     

C. The following uses in the M- Manufacturing Uses listed in Title 33, Chapter 3363.02 and 3363.03 shall be permitted in Area One:

 

1. Warehouse and storage of construction and building materials, and contractors and construction and other related equipment, tools, trucks, machinery, and materials. Storage may be inside of buildings or open outdoor storage.

 

2. Open outdoor storage shall be in accordance with Chapter 3363.41.

 

III. PERMITTED USES IN Area TWO

 

A. The following uses in the M-Manufacturing Uses listed in Title 33, Chapter 3363.02 and 3363.03 shall be permitted in Area Two:

 

1. Open outdoor and covered storage of (1) boats and boat trailers, jet skis and jet ski trailers and any other watercraft, motorized or non-motorized, and their trailers, and (2) recreation vehicles (RVs), caravans, motor coaches, motorhomes, and campers, including but not limited to, camper vans, travel trailers, fifth wheel travel trailers, pop-up campers and trailers, pick-up truck campers, and teardrop and tiny campers and trailers, and (3) off road and/or all-terrain vehicles.

 

2. Open outdoor storage shall be in accordance with Chapter 3363.41.

 

IV. DEVELOPMENT STANDARDS FOR Area ONE

 

A. Buffering and Screening Commitments.

 

1. To provide buffering and screening to the adjacent residential uses to the east of Area One, and to provide security measures on site and to said neighboring properties, an existing eight (8) foot opaque fence that runs parallel to the eastern boundary of Area One, in the general location shown on the Site Plan, shall be maintained. 

 

2. To provide buffering and screening to the manufacturing uses to the west of Area One, and to provide security measures on site, an existing six (6) foot opaque fence that primarily runs parallel to the western boundary of Area One, in the general location shown on the Site Plan, shall be maintained.

 

3. To provide buffering and screening to the residential condominium uses to the south of Area One, and to provide security measures on site and to said neighboring properties, an existing six (6) foot opaque fence and an existing eight (8) foot opaque fence that run parallel to the southern boundary of Area One, in the general location shown on the Site Plan, shall be maintained.

 

4. To provide buffering and screening to the single family homes to the east of Area One approximately nineteen (19) existing evergreen trees and other existing trees along the eastern boundary of Area One, in the general location shown on the Site Plan, shall be maintained.

 

5. To provide buffering and screening to the condominiums to the south of Area One, approximately forty-five (45) existing evergreen trees and approximately three (3) existing deciduous trees along the southern boundary of Area One, in the general location shown on the Site Plan, shall be maintained.

 

V. DEVELOPMENT STANDARDS FOR AREA TWO

 

A. Buffering and Screening Commitments.

 

1. To provide buffering and screening to the adjacent residential uses to the east of  Area Two, and to provide security measures on site and to said neighboring properties, an existing eight (8) foot opaque fence that runs parallel to the eastern boundary of Area Two, in the general location shown on the Site Plan, shall be maintained.

 

2. To provide buffering and screening to the manufacturing use to the north of Area Two, and to provide security measures on site and to said neighboring property, an existing six (6) foot opaque fence that runs parallel to the northern boundary of Area Two, in the general location shown on the Site Plan, shall be maintained.

 

3. To provide buffering and screening to the manufacturing use to the west of Area Two, and to provide security measures on site, a six (6) foot opaque fence (chain link slatted or other opaque fence material) that runs primarily parallel to the western boundary of Area Two, in the general location shown on the Site Plan, shall be installed and maintained.

 

4. To provide buffering and screening to the single family homes to the east of Area Two, approximately eighteen (18) existing evergreen trees and other existing trees along the eastern boundary of Area Two, in the general location shown on the Site Plan, shall be maintained.

 

5. To provide additional security measures on Area Two, a six (6) foot opaque fence (chain-link slatted or other opaque fence material) shall be installed along the southern boundary of Area Two, in the general location shown on the Site Plan, and maintained.

 

6. To provide additional security measures for Area Two, an access gate shall be installed on Area Two, in the general location shown on the Site Plan. Such gate shall be opaque or semi-opaque to provide buffering and screening of Area Two from Alum Creek Drive.

 

7. Open outdoor and covered storage areas shall be in the general location shown on the Site Plan.

 

8. To provide buffering and screening of the improvements on Area Two from Alum Creek Drive, four (4) deciduous triumph elm trees, ten (10) to fifteen (15) feet in height at time of planting, with a caliper of 2.5 to 3 inches at time of planting, shall be planted near the western boundary of Area Two and Alum Creek Drive, in the general location shown on the Site Plan, and maintained.

 

VI. DEVELOPMENT STANDARDS FOR both AREA ONE AND AREA TWO

 

A. Graphic and/or Signage Commitments.

 

All graphics and signage on Area One and Area Two shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code. Any variances to the above requirements will be submitted to the Columbus Graphics Commission for consideration.

                     

B. Traffic Commitments.

 

1. The southern most access point to Area One, as shown on the Site Plan, shall be limited to only right-in and right-out turning movements.

 

2. All curb cuts and access points on Area Two shall be subject to the review and approval by the Public Service Department for the City of Columbus.

 

C. Miscellaneous.

 

1. The developer shall comply with the park land dedication ordinance by contributing money to the City’s Recreation and Parks Department.

 

2. Area One and Area Two shall be developed in general conformance with the submitted Site Plan. The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed, which may include a decrease in the number of open outdoor storage spaces or covered storage spaces or the replacement of a covered storage space with an open outdoor storage space. Any slight adjustment to the plans herein shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.

 

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