Explanation
REZONING APPLICATION: Z03-114
APPLICANT: John Duncan; c/o Donald T. Plank, Atty.; Plank and Braham; 145 East Rich Street; Columbus; Ohio 43215.
PROPOSED USE: Unspecified commercial or manufacturing development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on June 10, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The range of M, Manufacturing District commercial and manufacturing uses requested by the applicant is consistent with zoning and development at or near the intersection of Williams and Lockbourne Roads. The limitation text prohibits the more objectionable manufacturing land-uses permitted by the current unrestricted M-1, Manufacturing District. The limitation text provides development standards to address Transportation Division issues, provide street trees, and lighting and graphics restrictions.
Title
To rezone 1165 WILLIAMS ROAD (43207), being 5.25± acres located at the southeast corner of Williams and Lockbourne Roads, From: M-1, Manufacturing District, To: L-M, Limited Manufacturing District and to declare an emergency (Z03-114).
Body
WHEREAS, application #Z03-114 is on file with the Building Services Division of the Department of Development requesting rezoning of 5.25± acres from M-1, Manufacturing District to L-M, Limited Manufacturing District, and
WHEREAS, the Development Commission recommends approval of said zoning change; 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 due to the fact that a closing has been scheduling for 10/21/2004 pending zoning and release of the zoning contingency on 10/19/2004; further, the applicants' purchase contract expires 10/31/2004 as does the applicant's financing committment for the project for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the range of M, Manufacturing District commercial and manufacturing uses requested by the applicant is consistent with zoning and development at or near the intersection of Williams and Lockbourne Roads. The limitation text prohibits the more objectionable manufacturing land-uses permitted by the current unrestricted M-1, Manufacturing District. The limitation text provides development standards to address Transportation Division issues, provide street trees, and lighting and graphics restrictions; 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:
1165 WILLIAMS ROAD (43207), being 5.25± acres located at the southeast corner of Williams and Lockbourne Roads, and being more particularly described as follows:
ZONING DESCRIPTION FOR 5.25± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Section 14, Township 4, Range 22, of the Congress Lands and being all the residual land in that 7.00 acre tract described in a deed to Schottenstein Holding Company of record in Official Record Volume 5252C03 (all references in this description are to the records in the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at FCGS-8818 monument found at the centerline intersection of Williams Road with Lockbourne Road;
Thence South 86° 12' 21" East 415.21 feet, along the centerline of Williams Road, to the northwesterly corner of that 1.745 acre tract described in a deed to Marilyn A. Warner-Turpin of record in Instrument 200307300237212;
Thence the following six (6) courses being along the lines of said 1.745 acre tract:
1) Thence South 03° 49' 40" West 116.81 feet, to a point;
2) Thence North 86° 12' 30" West 96.01 feet, to a point;
3) Thence South 03° 49' 40" West 188.38 feet, to a point;
4) Thence South 86° 12' 30" East 96.01 feet, to a point;
5) Thence North 03° 49'40" East 29.10 feet, to a point;
6) Thence South 86° 12' 30" East 209.79 feet, to the southeasterly corner of said tract, being on the westerly line of Electrical Contractors and Associates of record in O.R.V. 13591 B04;
Thence South 3° 49' 40" West 211.83 feet, along said Electrical Contractors and Associates tract to the northeasterly corner of that 8.10 acre tract described in a deed to Cardinal Container Corporation of record in O.R.V. 17963 D05;
Thence North 86° 11' 45" West 625.00 feet, along the northerly line of said 8.10 acre tract, to the centerline of Lockbourne Road;
Thence North 03° 49' 40" East 487.80 feet, along the centerline of Lockbourne Road, to the Point of Beginning, containing 5.255 acres of land, more or less, subject to any easements, restrictions or right-of-ways of previous record.
Bearings are used for the determination of angles only. For the purpose of this description, a bearing of South 86° 12' 21" East was used on the centerline of Williams Road as called fro in Instrument 200307300237212.
This description was prepared by Site Engineering, Inc. from available records.
To Rezone From: M-1, 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 Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, "LIMITATION TEXT, L-M, LIMITED MANUFACTURING DISTRICT, 5.25± ACRES" signed by Donald Plank, Attorney for the Applicant, dated September 14, 2004, and reading as follows:
LIMITATION TEXT, L-M, LIMITED MANUFACTURING DISTRICT, 5.25± ACRES
EXISTING DISTRICT: M-1, Manufacturing District.
PROPOSED DISTRICT: L-M, Limited Manufacturing District.
PROPERY ADDRESS: 1165 Williams Road, Columbus, OH 43207.
OWNER: Schottenstein Holding Company, c/o Melita Smith, Esq. American Signature, Inc.; 1800 Moler Road; Columbus, OH 43207.
APPLICANT: John and Mark Duncan, c/o Donald Plank Esq. Plank & Brahm; 145 East Rich Street; Columbus, OH 43215.
DATE OF TEXT: September 14, 2004.
APPLICATION NUMBER: Z03-114.
INTRODUCTION:
The subject property is 5.25 ± acres located on the southeast corner of Williams and Lockbourne Roads (the "Property"). The Property is currently zoned M-1, Manufacturing District. The site has not been developed under the M-1 zoning. The Applicant proposes to rezone the Property to the L-M, Limited Manufacturing District, to permit less objectionable uses already permitted under the existing M-1 Manufacturing District. Additionally, the Applicant proposes to permit commercial uses under Columbus City Code Section 3363.01 and eliminate the more objectionable uses allowed in the M-1 District. The proposed uses are compatible with the surrounding land uses and zoning.
1. PERMITTED USES: The following uses shall be permitted:
Those uses specified in Chapter 3363.01 through 3363.08, M, Manufacturing District.
2. DEVELOPMENT STANDARDS: Except as specified herein the applicable development standards of Chapter 3363 Manufacturing Districts, of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Commitments.
The total building and pavement coverage shall not exceed eighty-five percent (85%).
B. Access, Loading, Parking and/or Traffic Related Commitments
1. Right-of-way totaling fifty (50) feet from centerline on both Lockbourne Road and Williams Road shall be provided in accordance with the Columbus City Code.
2. Prior to the issuance of a Certificate of Zoning Clearance involving the initial construction of building(s) or expansion of building(s), applicant and the Division of Transportation shall determine if a Traffic Impact Study (TIS) is required under the provisions of Section 3125.05. If a TIS is required, a TIS shall be provided to the City of Columbus and, if improvements are required as a result of the TIS, applicant shall complete the improvements in accordance with applicable plans and procedures in effect at the time. If a TIS is not required, applicant and the Division of Transportation shall inform the Zoning Clearance officer that the TIS is not required and there shall be no further obligation under this section of the text (2. Development Standards: B. Access, Loading, Parking and/or Traffic Related Commitments, Item 2.)
3. All site access/curb cuts are subject to Transportation Division approval prior to issuance of zoning clearance.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. All parking areas adjacent to and directly across the street from single-family homes shall have headlight screening parallel to the frontage with a minimum height of 30 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of an evergreen hedge, earth mounding, and/or walls. The height of headlight screening may be reduced, adjacent to curbcuts as needed, to provide adequate vision clearance.
2. A total of 10 street trees shall be planted which may be spaced or grouped. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper. Caliper shall be measured six (6) inches above the ground surfaces.
3. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. The primary building frontage shall incorporate at least one (1) main entrance door. At a building corner where two (2) primary building frontages meet, one (1) main entrance door may be located so as to meet the requirement for both building frontages.
2. A building frontage that exceeds a width of fifty (50) feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage.
3. For the primary building frontage on Williams Road, at least sixty (60) percent of the area between the height of two (2) feet and ten (10) feet above the nearest sidewalk grade shall be clear/non-tinted window glass permitting a view of the building's interior to a minimum depth of four (4) feet. For the building frontage on Lockbourne Road, the pattern of window glass shall continue from the Williams Road frontage a minimum distance of ten (10) feet.
4. Dumpsters and all ground-mounted mechanical equipment shall be located at the rear of the building and screened from public view to the height of the dumpster/equipment.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments
1. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
2. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same material utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical and all other equipment on the ground shall be screened from view by wall(s) comparable to the materials of the building or may also be screened by fencing or landscaped material.
3. All parking lot lighting shall be cut-off fixtures (down lighting).
4. Parking lot light poles shall not exceed a maximum of 24 feet in height.
5. Any wall-mounted area lighting shall use cut off style fixtures.
6. A four (4) foot wide pedestrian walkway shall be provided from the public sidewalk along Williams Road and from the public sidewalk along Lockbourne Road, through the landscaped frontage along each road and across the parking area to facilitate pedestrian access. The pedestrian walkway shall be painted/striped through the parking area.
7. No outside display of merchandise shall be permitted unless a nine (9) foot wide concrete pedestrian apron providing a minimum 4' of walking area is provided in the area of the display.
F. Graphics and Signage Commitments
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the M, Manufacturing District. Any variance to the applicable sign requirements of the M district shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
The developer shall comply with all applicable monetary payment requirements of Chapter 3318, Parkland Dedication, the Columbus City Code prior to issuance of zoning clearance.
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.