Explanation
Rezoning Application Z21-074
APPLICANT: PFK Company II, LLC, et al; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Excavation and quarrying.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on November 17, 2021.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of part of one parcel and the entirety of another parcel in the M, Manufacturing, M-2, Manufacturing, AR-O, Apartment Office, and R, Rural districts. The requested EQ, Excavation and Quarrying District will permit excavation and quarrying uses. The South Central Accord Amendment (2000) recommends “Industrial,” “Light Industrial,” and “High Density Residential” as potential appropriate land uses for this location. The requested EQ district is consistent with the existing development and zoning pattern north and west of the site. Additionally, portions of the site are subject to Ordinance 1941-2008 (CV08-024), permitting vehicles and equipment associated with excavation and quarrying to traverse the site. Staff notes that the EQ district development standards provide sufficient buffering from adjacent residential uses to the south, which is consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To rezone 4755 S. HIGH ST. (43207), being 167.03± acres located on the west side of South High Street, 3,500± feet south of Rathmell Road, From: M, Manufacturing District, M-2, Manufacturing District, AR-O, Apartment Office District, and R, Rural District, To: EQ, Excavation and Quarrying District (Rezoning #Z21-074) and to declare an emergency.
Body
WHEREAS, application #Z21-074 is on file with the Department of Building and Zoning Services requesting rezoning of 167.03± acres from M, Manufacturing District, M-2, Manufacturing District, AR-O, Apartment Office District, and R, Rural District, to the EQ, Excavation and Quarrying 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 the requested EQ, Excavation and Quarrying District, while not entirely consistent with the South Central Accord Amendment, is consistent with the adjacent land use to the north and west, and includes codified development standards for sufficient buffering from residential uses to the south;
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 quarrying operation as soon as possible per Jeffrey L. Brown
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:
4755 S. HIGH ST. (43207), being 167.03± acres located on the west side of South High Street, 3,500± feet south of Rathmell Road, and being more particularly described as follows:
137.236 Acre Tract:
Situated in the State of Ohio, County of Franklin, Hamilton Township, and being part of Land Sections 28 and 33, Township 4, Range 22, Congress Lands and being a portion of a 163.444 acre tract conveyed to PFK Company II, LLC (1/2 Interest) as recorded in Instrument Number 201212130192046 and Tamarack Enterprises II, L.P. (1/2 Interest) as recorded in Instrument 201409300128917, all references to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing for reference at a mag nail at the intersection of centerlines of Columbus-Portsmouth Road (U.S. Route 23) as recorded in U.S. Route 23 - Ohio Department of Transportation Plans PIC-23-17.66 FRA-23- (0.00-5.37) Sheets 13/20, 14/30, and 15/20 and Cottage Street as recorded in Plat Book 4, Page 143.
Thence, North 05°32’44” East along said centerline of Columbus-Portsmouth Road (U.S. Route 23), a distance of 355.56 feet to a point at the southeast corner of the said 163.444 acre tract;
Thence, North 87°41’48” West along the southerly line of said 163.444 acre tract, the northerly lines of the ELSEA, Inc. 3.031 acre tract as recorded in Official Record Volume 19305 A-19, a distance of 312.74 feet to a point on the FEMA flood zone X flood line (700 foot contour), said point being the true POINT OF BEGINNING;
Thence, North 87°41’48” West along the southerly line of said 163.444 acre tract, the northerly lines of said
3.031 acre tract, the Ronald E. Buckles 0.954 acre tract and recorded in Instrument Number 200806040085504, the Joseph A. and Laura M. Davis 1.231 acre tract as recorded in Official Record Volume 6249, Page F-08, the Lewis B. and Rebecca L. Sayre 1.092 acre tract as recorded in Deed Book 3755, Page 205, the Ricky L. Ward 1.325 acre tract as recorded in Instrument Number 201012060165539, and the Danny
L. Bush 1.098 acre tract as recorded in Instrument Number 200801310015197, a distance of 743.83 feet to a point which is the southeast corner of a 26.796 acre tract conveyed to Tamarack Enterprises I, L.P., as recorded in Instrument Number 201702080019431 and is the southwest corner of the said 163.444 acre tract;
Thence, North 09°42’26” East along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 615.85 feet to a point in said lines;
Thence, North 00°06’47” East along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 464.13 feet to a point in said lines;
Thence, North 02°28’43" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 306.16 feet to a point in said lines;
Thence, North 06°50’41” East along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 336.50 feet to a point in said lines;
Thence, North 36°06’26" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 369.24 feet to a point in said lines;
Thence, North 09°30’55” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 562.74 feet to a point in said lines;
Thence, North 46°23’28” East along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 130.46 feet to a point in said lines;
Thence, North 09°30’59” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 499.84 feet to a point in said lines;
Thence, North 51°36'51” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 137.69 feet to a point in said lines;
Thence, North 10°04’21" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 700.55 feet to a point in said lines;
Thence, North 06°23’08" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 676.04 feet to a point in said lines;
Thence, North 74°56’40" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 193.72 feet to a point in said lines;
Thence, North 29°18’37" West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 146.03 feet to a point in said lines;
Thence, North 11°47’44” West along the westerly line of said 163.444 acre tract, the easterly line of said 26.796 acre tract, and crossing the section line between Sections 33 and 28, a distance of 388.46 feet to a point in the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract;
Thence, North 15°54’35” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 600.30 feet to a point in said lines;
Thence, North 02°58’02” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 510.20 feet to a point in said lines;
Thence, North 30°47’51” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 312.47 feet to a point in said lines;
Thence, North 16°53’30” West along the westerly line of said 163.444 acre tract and the easterly line of said 26.796 acre tract, a distance of 45.21 feet to a point which is the southwest corner of a 247.244 acre tract conveyed to PFK Company I, LLC (1/2 Interest) as recorded in Instrument Number 201212130192046 and Tamarack Enterprises I, L.P. (1/2 Interest) as recorded in Instrument Number 201409300128917 and is the northwest corner of said 163.444 acre tract;
Thence, North 82°10’34” East along the northerly line of said 163.444 acre tract and the southerly line of said
247.244 acre tract, a distance of 1403.92 feet to a point which is the southeast corner of said 247.244 acre tract and is the northeast corner of said 163.444 acre tract, and being a point in said centerline of Columbus- Portsmouth Road (U.S. Route 23);
Thence, South 08°15’00” East along the easterly line of said 163.444 acre tract and said centerline of Columbus-Portsmouth Road (U.S. Route 23), and crossing the section line between Sections 28 and 33, a distance of 4653.36 feet to a point in the easterly line of said 163.444 acre tract and said centerline of Columbus-Portsmouth Road (U.S. Route 23), said point being the northeast corner of a 1.034 acre right-of-way dedication conveyed to the City of Columbus, Ohio, as recorded in Instrument Number 201810300147993;
Thence, South 81°45’00” West along the northerly lines of said 1.034 acre right-of-way dedication, a 4.238 acre tract conveyed to Certified Oil Corporation as recorded in Instrument Number 201810300147996, and a
0.362 acre tract conveyed to HFW Easement, LLC as recorded in Instrument Number 201810300147995, a distance of 467.24 feet to a point at the northwest corner of said 0.362 acre tract;
Thence, South 08°15’00" East along the westerly line of said 0.362 acre tract, a distance of 167.08 feet to a point in said line, said point being the northeast corner of said 4.238 acre tract;
Thence, South 81°45’00" West along the northerly line of said 4.238 acre tract, a distance of 145.00 feet to a point at the northwest corner of said 4.238 acre tract;
Thence, South 08°15’00” East along the westerly line of said 4.238 acre tract, a distance of 218.00 feet to a point at the southwest corner of said 4.238 acre tract;
Thence, North 81°45’00” East along the southerly line of said 4.238 acre tract, a distance of 145.00 feet to a point at the southeast corner of said 4.238 acre tract, said point being in the westerly line of a 0.854 acre tract conveyed to HFW Easement, LLC as recorded in Instrument Number 201810300147995;
Thence, South 08°15’00" East along the westerly line of said 0.854 acre tract, a distance of 148.42 feet to a point at the southwest corner of said 0.854 acre tract;
Thence, South 81°45’00" West to a point in a line that is 582 feet west from the westerly right of way line of Columbus-Portsmouth Road (U.S. Route 23), a distance of 193.37 feet
Thence, South 08°04’38" East following a line that is 582 feet west from the westerly right of way line of Columbus-Portsmouth Road (U.S. Route 23), a distance of 167.96 feet to a point in said line that is 582 feet west from the westerly right of way line of Columbus-Portsmouth Road (U.S. Route 23);
Thence, South 16°41’39” East, a distance of 1438.24 feet to a point in said flood line returning to the said true POINT OF BEGINNING, containing 137.236 acres more or less;
Subject to all legal right-of-ways, restrictions, and easements of previous record.
26.796 Acre Tract:
Situated in the State of Ohio, County of Franklin, Township of Hamilton, being part of Section 28 and Section 33, Township 4, Range 22, Congress Lands, being part of the 42.936 Acre tract and the 25.053 Acre tract (formerly the Columbus Feeder of the Ohio and Erie Canal) as acquired by the State of Ohio by the Canal Land Act of 1825 and as described in the Commissioner's Register and as demonstrated on pages 10 through 15 of the "Plat of the Columbus Feeder of the Ohio & Eric Canal...", dated January 30, 1927 , and subject to a 99 year lease with the Columbus and Southern Ohio Electric Company, now known as the American Electric Power Company (AEP), as recorded in Lease Record 83 page 346, conveyed to Columbus and Southern Ohio Electric Company by Deed of Record in (Tract One) Deed Book 3268, Page 641 and Deed Book 3269, Page 138, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder’s Office, unless otherwise noted) and being more particularly described as follows:
Commencing at a found mag nail at the intersection of the centerline of Cottage Street (60 feet wide), Plat Book 4, Page 143 with the centerline of S. High Street (U.S. Route 23 width varies) (U.S. Route 23 - Ohio Department of Transportation Plans PIC-23-17.66 FRA-23-(0.00-5.37) Sheets 13/20, 14/30 and 15/20
Thence, along the centerline of said S. High Street North 050 32' 44" East, 355.56 feet to a found 1 inch iron pipe with an orange cap inscribed "P.S. 6579" at the southeast corner of the PFK COMPANY II, LLC (1/2 interest), and The Tamarack Enterprises II,
L.P. (1/2 interest) 163.444 Acre tract (Instrument Number 201212130192046), (Instrument Number 201409300128917);
Thence, along the south line of said 163.444 Acre tract, the northerly lines of the ELSEA, Inc. 3.031 Acre tract (Official Record Volume 19305 A-19), the Ronald E. Buckles 0.954 Acre tract (Instrument Number 200806040085504), the Joseph A. and Laura M. Davis 1.231 Acre tract (Official Record Volume 6249, Page F-08), the Lewis
B. and Rebecca L. Sayre 1.092 Acre tract (Deed Book 3755, Page 205), the Ricky L. Ward 1.325 Acre tract (Instrument Number 201012060165539) and the Danny L. Bush
1.098 Acre tract (Instrument Number 200801310015197), North 87° 41' 48" West, 1,056.35 feet to a found 1 inch iron pipe with an orange cap inscribed "P.S. 6579" in the easterly line of said 42.936 Acre tract and the TRUE POINT OF BEGINNING of this description (passing a found 1 inch iron pipe with an orange cap inscribed "PS 6579" at
80.13 feet);
Thence, across said 42.936 Acre tract, North 87° 41' 48" West, 78.44 feet to a found 1 inch iron pipe with a yellow cap inscribed Bird and Bull at the northeast corner of the Brandi Barton 2.85 Acre tract (Instrument Number 201204090048691), the southeast corner of the PFK COMPANY I, LLC, (1/2 interest) and the Tamarack Enterprises I, L.P. (1/2 interest) 1,018.556 Acre tract, (Tract One - Instrument Number 200403030046558), (Tract One - Instrument Number 200107230166574);
Thence, along part of the easterly lines of said 1,018.556 Acre tract, part of the westerly lines of said 42.936 Acre tract, part of westerly lines of said 25.053 Acre tract and the westerly lines of said Ohio and Erie Canal, the following fourteen (14) courses:
Thence, North 09° 43' 51" East, 617.95 feet to an iron pipe set;
Thence, North 00° 42' 00" West, 458.43 feet to an iron pipe set;
Thence, North 04° 08' 30" West, 292.48 feet to an iron pipe set;
Thence, North 17° 09' 15" West, 896.19 feet to a found canal monument;
Thence, North 08° 57' 33" West, 1,996.17 feet to an iron pipe set;
Thence, North 23° 44' 28" West, 602.64 feet to a railroad spike set;
Thence, North 16° 14' 14" West, 397.16 feet to a mag spike set;
Thence, North 12° 28' 30" West, 600.69 feet to a mag spike set;
Thence, North 10° 21' 54" West, 501.55 feet to a railroad spike set;
Thence, North 20° 11' 09" West, 542.99 feet to a railroad spike set;
Thence, North 12° 17' 46" West, 631.11 feet to a railroad spike set;
Thence, North 08° 04' 15" West, 418.44 feet to a railroad spike set;
Thence, North 08° 41' 10" West, 301.15 feet to a railroad spike set;
Thence, North 07° 11' 47" West, 979.77 feet to a railroad spike set at the southwest comer of the PFK COMPANY I, LLC (1/2 Interest) and the Tamarack Enterprises 1, L.P. (1/2 Interest) 14.943 Acre tract, (Tract Four - Instrument Number 200403030046558), (Tract Four - Instrument Number 200107230166574);
Thence, across said 25.053 Acre tract (said Ohio and Erie Canal), and the south line of said 14.943 Acre tract, North 82° 31' 19" East, 83.63 feet to a point in the west line of the PFK COMPANY I, LLC (1/2 Interest) and the Tamarack Enterprises I, L.P. (1/2 Interest) 247.244 Acre tract (Tract Two - Instrument Number 200403030046558), (Tract Two - Instrument Number 200107230166574), passing a set iron pipe for reference at 73.63 feet, said point bears South 07° 49' 25" East, 1,160.09 feet and South 82° 31' 19" West, 1,499.12 feet from a found Franklin County Engineers Monument ("FCGS" 5273") in the centerline intersection of Rathmell Road and said S. High Street);
Thence, along part of the easterly lines of said 25.053 Acre tract, part of the easterly lines of said 42.936 Acre tract, the easterly lines of said Ohio and Erie Canal, part of the westerly lines of said 247.244 Acre tract and the westerly lines of said 163.444 Acre tract the following twenty-two (22) courses:
Thence, South 08° 04’ 05" East, 982.70 feet to a railroad spike set;
Thence, South 19° 56' 25" East, 302.37 feet to a railroad spike set;
Thence, South 00° 50' 02" West, 421.01 feet to an iron pipe set;
Thence, South 13° 44' 29" East, 626.65 feet to an iron pipe set;
Thence, South 1 6° 53' 30" East, 240 34 feet to a found canal monument;
Thence, South 30° 47' 51" East, 312 47 feet to a found canal monument;
Thence, South 02° 58' 02" East, 510.20 feet to a found canal monument; Thence, South 15° 54' 35" East, 600.30 feet to a found 1 inch iron pipe with an orange plastic cap inscribed "PS 6579";
Thence, South 11° 47’ 44" East, 388.46 feet to a found canal monument;
Thence, South 29° 18' 37" East, 146.03 feet to a found canal monument; Thence, South 74° 56' 40" East, 193.72 feet to a found 1 inch iron pipe with an orange cap inscribed "PS 6579";
Thence, South 06° 23’ 08" East, 676.04 feet to a found 1 inch iron pipe with an
orange cap inscribed "PS 6579"'
Thence, South 10° 04' 21 " East, 700.55 feet to a found canal monument; Thence, South 51° 36’ 51" East, 137 69 feet to a found canal monument; Thence, South 09° 30' 59" East, 499.84 feet to a found 1" inch iron pipe with an orange cap inscribed "PS 6579";
Thence, South 46°23' 28" West, 130.46 feet to a found canal monument;
Thence, South 09° 30' 55" East, 562.74 feet to a found 1 inch iron pipe with an orange cap inscribed "PS 6579";
Thence, South 36° 06' 26" East, 369.24 feet to a found canal monument; Thence, South 06° 50' 41" West, 336.50 feet to a found 1 inch iron pipe with an orange plastic cap inscribed "PS 6579";
Thence, South 02° 28' 43" East, 306.16 feet to a found I inch iron pipe with an orange plastic cap inscribed "PS 6579"';
Thence, South 00° 06' 47" West, 464.13 feet to a found 1 inch iron pipe with an orange plastic cap inscribed "PS 6579";
Thence, South 09°42' 26" West 615.85 feet to the place of beginning CONTAINING 26.796 ACRES, part Auditor's Parcel Identification Number 510- 180716-00, subject however to all legal highways, easements, leases, agreements, restrictions of record and of records in the respective utility offices.
Parcel ID’s: 510-297192 and part of 510-291662
Property more commonly known as: 4755 S. High St., Columbus, OH 43207.
To Rezone From: M, Manufacturing District, M-2, Manufacturing District, AR-O, Apartment Office District, and R, Rural District.
To: EQ, Excavation and Quarrying District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the EQ, Excavation and Quarrying District 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.
SECTION 4. That this ordinance is further conditioned upon the following: right-of-way dedication of 80 feet from the centerline along the South High Street frontage will be required. This required right-of-way dedication will need to be completed within 30 90 days of the effective date of this ordinance.
SECTION 5. 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.”