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File #: 2175-2012    Version:
Type: Ordinance Status: Passed
File created: 10/1/2012 In control: Zoning Committee
On agenda: 11/12/2012 Final action: 11/14/2012
Title: To rezone 5335 NORTH HAMILTON ROAD (43230), being 6.7± acres located on the west side North Hamilton Road, 590± feet north of Thompson Road, From: L-M, Limited Manufacturing and R, Rural Districts, To: L-M, Limited Manufacturing District and to declare an emergency. (Rezoning # Z12-031)
Attachments: 1. ORD2175-2012attachments, 2. Notice Of Public Hearing - Council Mtg20121112
Related files: 2310-2012
Explanation
Rezoning Application Z12-031
APPLICANT:  Cardinal Self Storage LLC; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE:  Self Storage.
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on July 12, 2012.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  Staff supports the proposed land use.  Given the screening, the commitment to brick finishes on the walls facing the adjacent dwellings, the proposed buildings will appear like a brick wall with trees in front to the adjacent residents.  The commitment to prohibit doors from facing the adjacent dwellings helps ensure that noise will not be an issue to the adjacent residents.  Due to these limitations and the low level of activity generated by these types of facilities, Staff finds the proposed self-storage facility to be compatible with the land use and zoning pattern in the area.
 
 
Title
To rezone 5335 NORTH HAMILTON ROAD (43230), being 6.7± acres located on the west side North Hamilton Road, 590± feet north of Thompson Road, From:  L-M, Limited Manufacturing and R, Rural Districts, To:  L-M, Limited Manufacturing District and to declare an emergency. (Rezoning # Z12-031)
 
Body
WHEREAS, application #Z12-031 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.7± acres from L-M, Limited Manufacturing and R, Rural 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 given the screening, the commitment to brick finishes on the walls facing the adjacent dwellings, the proposed buildings will appear like a brick wall with trees in front to the adjacent residents.  The commitment to prohibit doors from facing the adjacent dwellings helps ensure that noise will not be an issue to the adjacent residents.  Due to these limitations and the low level of activity generated by these types of facilities, Staff finds the proposed self-storage facility to be compatible with the land use and zoning pattern in the 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:
5335 NORTH HAMILTON ROAD (43230), being 6.7± acres located on the west side North Hamilton Road, 590± feet north of Thompson Road., and being more particularly described as follows:
LEGAL DESCRIPTION
Situated in the County of Franklin, State of Ohio and Township of Blendon and bounded and described as follows:
Parcel I
Located in  Lot Number Seventeen (17) of the DeWolf Tract, as shown in Chancery Record 295, page 4, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, page 5, and bounded and described as follows:  Beginning at a point in the west line of the Walter L. Erlenbach Farm, said point being 116.55 feet south of the northwest corner of said farm (being the southwest corner of the Benjamin F. Green Farm); Thence S. 89 deg. 08' E. 560.62 feet, parallel with the north line of the Walter L. Erlenbach Farm to a point (said point being N. 89 Deg. 08' W. 373.88 feet from the centerline of Beecham Road) thence south parallel with the centerline of Beechman Road 116.55 feet to a point; thence parallel to the north line of the Walter L. Erlenbach Farm (south line of the Benjamin F. Green Farm); N. 89 Deg. 08' W. 560.62 feet to a point in the west line of the Walter L. Erlenbach Farm; thence along the west line, north 116.55 feet to the place of beginning, containing 1.5 acres more or less.
Parcel II
Located in Lot Number Seventeen (17) of the DeWolf tract, as shown in Chancery Record 295, page 4, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, page 5 and bounded and described as follows:  Beginning at a point in the west line of the Walter L. Erlenbach Farm, said point being 233.1 feet south of the northwest corner of said farm, (being the southwest corner of the Benjamin F. Green Farm) thence S. 89 Deg. 08' E. 560.62 feet, parallel with the north line of the Walter L. Erlenbach Farm to a point (said point being N. 89 Deg. 08' W. 373.88 feet from the centerline of Beecham Road) thence south parallel with the centerline of Beecham Road 116.55 feet to a point; thence parallel to the north line of the Walter L. Erlenbach Farm (south line of the Benjamin F. Green Farm) N. 89 Deg. 08' W. 560.62 feet to a point in the west line of  the Walter L. Erlenbach Farm; thence along the west line, north 116.55 feet to the place of beginning, containing 1.5 acres more or less.
Parcel III
Located in part of Lot Number Seventeen (17) of the DeWolf  tract, Chancery Record 295, page 5, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach by deed of record in Deed Book 1510, page 5, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:  Beginning at a point in the centerline of Hamilton Road, (formerly Beecham Road), said point being the southeasterly corner of a 2.5 acre tract conveyed to Karl. A. and Mary R. Wedemeyer by deed of record in Deed Book 2147, page 564, Recorder's Office, Franklin County, Ohio, and being also north 615.05 feet from a spike at the intersection of said centerline with the centerline of Thompson Road; thence along the southerly line of said 2.5 acre tract and parallel to the northerly line of the original Walter Erlenbach Farm, N. 89 Deg. 08' W. 373.88 feet to the northeasterly corner of parcel one, containing 1.5 acres, as conveyed to Russell W. and Helen Campbell by deed of record in Deed Book 2570, page 542, Recorder's Office, Franklin County, Ohio; thence along the easterly lines of parcels one and two owned by Russell W. Campbell and Helen Campbell, south 233.1 feet to the southeasterly corner of said parcel two; thence across the said original Walter Erlenbach Farm and parallel to the northerly line thereof, S. 89 Deg. 08' E. 373.88 feet to a point in the centerline of said road, north 233.1 feet to the place of beginning, containing 2 acres, more or less.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL NUMBER III THE FOLLOWING DESCRIBED REAL ESTATE:
Situated in the State of Ohio, County of Franklin, Blendon Township, being in Lot 17, the DeWolf tract of record in Chancery Record 295, page 4, and being part of the David L. Clark and Mary K. Clark tract of record in Deed Book 3664, page 742, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a found Franklin County Engineer's monument box at the centerline intersection of Hamilton Road and Thompson Road, thence along the centerline of Hamilton Road, North 381.99 feet to a set P.K. nail at the southeast corner of parcel 3 conveyed to the Evangelical Friends Church, Easter Region (Official Records Volume 8677, page C09, said Recorder's Office) and the true point of beginning of this description:
Thence across said Clark tract and along the south line of said Parcel III, North 89 Deg. 08' W., 354.19 feet to a point in the west line of said Clark tract; thence across said parcel 3, and along the west line of said Clark tract, north 00 Deg. 12' West, 95.80 feet to a found ¾ inch solid iron pin at the northwest corner of said Clark tract; thence continuing across said Parcel III, and along the north line of said Clark tract, South 89 Deg. 21' East, Passing a found solid copper bar at 316.19 feet, a total distance of 354.51 feet to a set P.K. nail in the centerline of said Hamilton Road at the northeast corner of said Clark tract; thence along the east line of said Clark tract (centerline of said Hamilton Road), south 97.14 feet to the point of beginning containing 0.785 acre.  The basis of bearings is the centerline of Hamilton Road assumed north.  Set iron pipes are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579", unless otherwise noted.
DESCRIPTION OF A 2.496 ACRE PARCEL
LOCATED AT 5335 NORTH HAMILTON ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter
Township 4, Township 2, Range 17, United States Military Lands, being all of a parcel of
land conveyed to Arthur W. Wedemeyer in Official Record 28081 I20 (Parcel No. 010-
237830-00 and 010-237833-00) (all references are to the records of the Recorder's Office,
Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at Franklin County Geodetic Survey Monument Number 6666
found at the centerline intersection of Thompson Road and Hamilton Road, on the line
common to said Quarter Township 4, Township 2, Range 17 and Quarter Township 3,
Township 2, Range 16;
Thence North 03° 19' 23" East, a distance of 615.07 feet, with the centerline of said
Hamilton Road and with the line common to said Quarter Township 4, Township 2, Range
17 and Quarter Township 3, Township 2, Range 16 to a point, said point being the
Grantor's Southeasterly property corner, the Northeasterly property corner of a parcel of
land conveyed to Southland Self Storage, LLC as conveyed in Instrument No.
200709050156390 and the TRUE POINT OF BEGINNING for the parcel herein described;
Thence N 85° 49' 30" W along the Grantor's Southerly property line and the Northerly
property line of the aforementioned Southland Self Storage parcel a distance of 933.44
feet to a 3/4 inch iron pipe found (passing a 5/8 inch iron pin with a plastic identification
cap found at 60.01 feet) said iron pipe being the Grantor's Southwesterly property corner
and on the Easterly line of Asbury Ridge of New Albany as recorded in Plat Book 96,
Page 5;
Thence N 03° 25' 54" E along the Grantor's Westerly property line and the Easterly line of
the aforementioned Asbury Ridge of New Albany a distance of 116.46 feet to a 3/4 inch
iron pipe with a plastic identification cap found, said iron pipe being the Grantor's
Northwesterly property corner and on the Southerly line of the Blendon Park
Condominium as recorded in Condominium Plat Book 69, Page 98 - 102;
Thence S 85° 49' 38" E along the Grantor's Northerly property line, the Southerly line of
the aforementioned Blendon Park Condominium as recorded in Condominium Plat Book
69, Page 98 - 102 and the Southerly line of the Blendon Park Condominium, Eleventh
Amendment - Part 2 as recorded in Condominium Plat Book 69, Page 8 - 12 a distance of
933.22 feet to a point, said point being the Grantor's Northeasterly property corner and on
the centerline of Hamilton Road:
Thence S 03° 19' 23" W with the Grantor's Easterly property line, the centerline of said
Hamilton Road and the line common to said Quarter Township 4, Township 2, Range 17
and Quarter Township 3, Township 2, Range 16 to the point of beginning, containing
2.496 acres, more or less, subject however, to all legal rights-of-way and/or easements of
previous record.
The bearings herein are based on the Ohio State Plane Coordinate System as per NAD83
South Zone (1986 Adjustment). Control for bearings was from coordinates of Franklin
County Geodetic Survey Monuments 6666 and 8813, having a bearing of N 03° 19' 23"
E, established by the Franklin County Engineering Department, using Global Positioning
To Rezone From:  L-M, Limited Manufacturing and R, Rural Districts,
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 plans titled, "SOUTHLAND SELF STORAGE," and "BUCKEYE SELF STORAGE EAST ELEVATION," "BUCKEYE SELF STORAGE SOUTH ELEVATION," and "BUCKEYE SELF STORAGE NORTH ELEVATION," and said text titled, "LIMITATION TEXT," all dated September 20, 2012 all signed by Jeffrey L. Brown, attorney for the applicant, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT:  L-M, Limited Manufacturing  
EXISTING DISTRICT:  CPD, Commercial Planned District, R, Rural
PROPERTY ADDRESS: 5335 Hamilton Road
OWNER:  Southland Self Storage LLC, Arthur W Wedemeyer  
APPLICANT: Cardinal Self Storage LLC
DATE OF TEXT: 9/20/12
APPLICATION:  Z12-031
1.  INTRODUCTION:  The southern portion of the site was zoned for self storage and commercial uses in 2007 (Z06-087).  A 20 foot setback was established to the property to the north which is zoned R, Rural.  The applicant now has the property to the north under contract and wants to expand the self storage uses on that parcel.  He also wants to eliminate the 20 foot setback along the common border because he would now control both parcels.
Subarea 1  (south parcel)
 
2.  PERMITTED USES:  Those uses listed in C-4 zoning classification of the Columbus City Code, truck rentals, and self-storage units. No M, Manufacturing uses shall be permitted other than the self-storage units.  The following uses shall also be prohibited:
Animal Shelter
Armored car, investigation, guard and security services
Automobile sales, leasing and rental
Astrology, fortune telling and palm reading
Blood and organ banks
Butcher shops, fish, meat and seafood markets
Cabarets and nightclubs
Check cashing and loans
Coin-operated laundries
Community food pantry
Crematory
Display advertising
Drive-in motion picture theaters
Farm equipment and supply stores
Funeral homes and services
Garden, landscaping and nursery centers and sales
Halfway house
Hospitals
Lawn and garden equipment and supplies stores
Missions/temporary shelters
Outdoor power equipment stores
Pawn broker
Performing arts, spectator sports and related industries
Repossession services
Used merchandise stores
Warehouse clubs and super centers
The C-4 uses shall be limited to only Building E in the area identified on the site plan.  C-2 uses may occur on the whole site.
 
3.  DEVELOPMENT STANDARDS: Unless otherwise specified in the following text, the Development Standards shall be as specified in Chapter 3363 of Columbus City Code (M, Manufacturing District).  
 
A.  Density, Height, Lot and/or Setback Requirements
1.  The parking setback shall be 30 feet from Hamilton Road; building setback shall be 60 feet from Hamilton Road.
2.  The building and parking setback from the west property line shall be 40 feet in Subarea 1 ; and the building and parking setbacks from a portion of the south property line (beginning at the southwest corner of the site and extending eastward along the south property line a distance of 580± feet) shall be 10 feet in Subarea 1.
B.  Access, Loading, Parking and/or Traffic Related Commitments
1.  If C-4 uses in Subarea 1 exceed 4,000 sq. ft., a right turn lane shall be provided on Hamilton Road to the specifications of the Department of Public Service.
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
1.  A tree row shall be established along Hamilton Road containing one tree spaced every 30' along roadway.  Trees shall be planted approximately 1' from the right-of-way and shall have a minimum of 2 ½" on planting.
2.  The parking setback along Hamilton Road, shall be screened from adjacent public right-of-way with a 3-4' average height continuous planting hedge, or earth mound and one tree per 40' of boundary of vehicular area or fraction thereof.  The tree requirement is in addition to the street tree requirement along Hamilton Road.  Trees do not have to be equally spaced but may be grouped.  The developer shall also install a 4 rail white horse fence along its frontage of Hamilton Road within the setback area.
3.  A six foot tall wood board on board fence shall be installed beginning at the east end of building C extending eastward 104± feet to the corner of the site and then extending northward approximately 90 feet.  This installation is subject to the approval of CSOE which has an easement which crosses this area.
4.  Mounding shall have a slope of at least 3 to 1 width to height ratio.
5.  Beginning at the southwest corner of Building B and extending eastward to the southeast corner of Building C the developer shall install a row of evergreen trees 8 feet on center within the setback area along the south property line.  The installation of such landscaping is subject to the approval of CSOE which has an easement which crosses this area.
6.  The existing vegetation within the setback area along the west property line shall be maintained except in the area within 10 feet of Building B where the developer shall install a row of evergreens 8 feet on center adjacent to Building B .
7.  All areas of existing vegetation to function as a landscaping screening or buffer will be clearly delineated and differentiated from proposed new landscaping or buffer on the site plan submitted for zoning clearance.
D.  Building Design and/or Interior-Exterior Treatment Commitments
1.  Building E shall be developed in accordance with the submitted building elevation and finished with brick on all four sides.  Elevations may be slightly adjusted to reflect engineering, architectural detailing or other building data developed at the time of development and engineering and building plans are completed.  Any slight adjustment to the elevations shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.  The first 100 linear feet of the north side of Building A beginning at the building's northeast corner and of the south side of Building C beginning at that building's southeast corner shall be finished in brick.  
 
2.  All doors in Buildings A, B and C shall face the interior of the site.
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1.  In the area west of Building E the maximum light standard shall not exceed 14 feet in height.
2.  There will be no exterior lights on the perimeter of Buildings A, B,.
3.   In parking lots, lighting shall be placed in raised islands or medians to protect both lights and vehicles from damage.
4.  Notwithstanding the above requirements the building may be illuminated by light fixtures, which are attached to the light poles in the parking lot.
F.  Graphics and Signage Commitments
1.  All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to the sign requirements shall submitted to the Columbus Graphics Commission for consideration.  The ground sign shall be monument style sign with a maximum height of six feet.  The addition of Subarea 2 to the site shall not increase the square footage of the ground sign in Subarea 1 and Subarea 2 shall not have its own free standing sign along Hamilton Road.
G.  Miscellaneous
1.  At the time of development the developer shall install a sidewalk along its Hamilton Road frontage.
2.  There will be no on site resident manager.
3.  A maximum of two rental trucks shall be permitted on the property (maximum size 20 foot box truck) such trucks shall be parked behind the entry fence unless the truck is being picked up by a customer.
4.  The subject site shall be developed in accordance with the site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed.  Any slight adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
5.  All the buildings shown on the site plan for Subarea 1 shall be built as one overall development.
Subarea 2 (north parcel)
2.  PERMITTED USES:  Those uses listed in C-2 zoning classification of the Columbus City Code and self storage.
3.  DEVELOPMENT STANDARDS: Unless otherwise specified in the following text, the Development Standards shall be as specified in Chapter 3363 of Columbus City Code (M, Manufacturing District).  
 
A.  Density, Height, Lot and/or Setback Requirements
1.  The parking setback shall be 30 feet from Hamilton Road; building setback shall be 60 feet from Hamilton Road.
2.  The building and parking setbacks from the north property line in Subarea 2 shall be 10 feet; the building and parking setback from the west property line shall be 40 feet in Subarea 2.
3.  No parking shall be permitted in front of Building H.
B.  Access, Loading, Parking and/or Traffic Related Commitments
N/A
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
1.  A tree row shall be established along Hamilton Road containing one tree spaced every 30' along roadway.  Trees shall be planted approximately 1' from the right-of-way and shall have a minimum of 2 ½" on planting.
2.  The parking setback along Hamilton Road, shall be screened from adjacent public right-of-way with a 3-4' average height continuous planting hedge, or earth mound and one tree per 40' of boundary of vehicular area or fraction thereof.  The tree requirement is in addition to the street tree requirement along Hamilton Road.  Trees do not have to be equally spaced but may be grouped.  The developer shall also install a 4 rail white horse fence along its frontage of Hamilton Road within the setback area.
3.  Mounding shall have a slope of at least 3 to 1 width to height ratio.
4.  The developer shall install a row of evergreen eight feet on center within the setback area along the north property line of Subarea 2.  
 
5.  The existing vegetation within the setback area along the west property line shall be maintained except in the area within 10 feet of Building I where the developer shall install a row of evergreens 8 feet on center adjacent to Building I.
6.  All areas of existing vegetation to function as a landscaping screening or buffer will be clearly delineated and differentiated from proposed new landscaping or buffer on the site plan submitted for zoning clearance.
D.  Building Design and/or Interior-Exterior Treatment Commitments
1  In Subarea 2 the north sides of Buildings H and I and to the east side of Building H shall be finished in brick.
2.  All doors in Buildings F, G, H and I in Subarea 2 shall face the interior of the site or Subarea 1.
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
1.  There will be no exterior lights on the perimeter of Buildings F, G, H and I constructed in Subarea 2.
2.   In parking lots, lighting shall be placed in raised islands or medians to protect both lights and vehicles from damage.  Light standard shall not exceed 14 feet in height in Subarea 2.
3.  Notwithstanding the above requirements the building may be illuminated by light fixtures, which are attached to the light poles in the parking lot.
F.  Graphics and Signage Commitments
1.  All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to the sign requirements shall submitted to the Columbus Graphics Commission for consideration.  The addition of Subarea 2 to the site shall not increase the square footage of the ground sign in Subarea 1 and Subarea 2 shall not have its own free standing sign along Hamilton Road.
G.  Miscellaneous
1.  At the time of development the developer shall install a sidewalk along its Hamilton Road frontage.
2.  There will be no on site resident manager.
3.  No truck rentals shall be permitted in Subarea 2.
4.  No sound producing devices for the security alarms shall be installed on the exterior of any building in Subarea 2.
5.  The developer shall pay a park fee for subarea 2 of $400/acre.
6.  The subject site shall be developed in accordance with the site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed.  Any slight adjustment to the site plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his 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.  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.