Explanation
Rezoning Application Z05-084
APPLICANT: Norman and Rebecca Evans; c/o Michael T. Shannon, Atty., Crabbe, Brown and James; 500 South Front
Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Limited industrial and office development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on January 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested L-M-2, Limited
Manufacturing District will allow additional industrial and office uses to be developed on the subject site.
The site is currently zoned in the L-M-2 District, but contractor's storage within one building is the only
use that is permitted. Although the site abuts residential zoning districts, the established development
pattern for the area has been for industrial development. The limitation text incorporates use restrictions, a
twenty-five foot landscaped no-build zone from the north property line, screening, and lighting controls
which allow the proposed L-M-2, Limited Manufacturing District to be more compatible with the
surrounding development.
Title
To rezone 3984 SCIOTO DARBY CREEK ROAD (43026), being 2.01± acres located on the north side of Scioto Darby Creek Road, 370± feet west of I-270, From: L-M-2, Limited Manufacturing District To: L-M-2, Limited Manufacturing District (Rezoning # Z05-084).
Body
WHEREAS, application #Z05-084 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.01± acres from L-M-2, Limited Manufacturing District, to L-M-2, 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-2, Limited Manufacturing District will allow additional industrial and office uses to be developed on
the subject site. The site is currently zoned in the L-M-2 District, but contractor's storage within one
building is the only use that is permitted. Although the site abuts residential zoning districts, the
established development pattern for the area has been for industrial development. The limitation text
incorporates use restrictions, a twenty-five foot landscaped no-build zone from the north property line,
screening, and lighting controls which allow the proposed L-M-2, Limited Manufacturing District to be
more compatible with the surrounding development, 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:
3984 SCIOTO DARBY CREEK ROAD (43026), being 2.01± acres located on the north side of Scioto Darby Creek Road, 370± feet west of I-270, and being more particularly described as follows:
Legal Description
3984 Scioto-Darby Creek Road
Being a Survey No. 547 Virginia Military District and being more particularly described as follows:
Beginning at a point in the center line of Scioto Darby Creek Road N. 73° 37' E. 220.14 feet from the west line of Survey No. 547; thence on a line parallel to said survey line N. 9° 30' W. 879.27 feet to an iron pipe (passing an iron pipe 30.22 feet): thence N. 73° 14' E. 100.08 feet to an iron pipe; thence on a line parallel to said survey line S. 9° 30' E. 879.94 feet to the center line of said Scioto Darby Creek Road (passing an iron pin at 849.72 feet); thence with the center line of said road S. 73° 37' W. 100 feet to the place of beginning, containing 2.01 acres more or less.
To Rezone From: from L-M-2, Limited Manufacturing District,
To: L-M-2, Limited Manufacturing District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-M-2, 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-M-2, Limited Manufacturing 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, "DEVELOPMENT TEXT," signed by Michael T. Shannon, Attorney for the Applicant, dated January 11, 2006, and the text reading as follows:
DEVELOPMENT TEXT
L-M-2, LIMITED MANUFACTURING DISTRICT
2.01+ ACRES
Existing District: L-M-2, Limited Manufacturing District
Proposed District: L-M-2, Limited Manufacturing District
Property Address: 3984 Scioto-Darby Creek Road
Owner/Applicant: Norman and Rebecca Evans, c/o CRABBE, BROWN & JAMES, LLP: Michael T. Shannon, Esq., 500 S. Front St., Suite 1200, Columbus, Ohio 43215, Mshannon@cbjlawyers.com.
Application No.: Z05-084
Date of Text: January 11, 2006
1. INTRODUCTION:
The subject site ("Site") consists of 2.01+ acres situated on the north side of Scioto-Darby Creek Road, approximately 200 feet east of Woodson Drive, which is immediately east of Interstate 270 on the City's west side. The Site is surrounded on the west, north, and east by adjacent parcels zoned R-1. On the south side of Scioto-Darby Creek Road is a large tract zoned M-1, owned by Columbus and Southern Ohio Electric Company, with an adjacent M-2 tract to the east. East of the Site are businesses operating under C-4 and M-2 zoning districts. The Site lies within a significantly mixed-use neighborhood which, in recent years has become increasingly industrial in nature, with some remaining large-lot single-family residential parcels throughout the neighborhood.
Applicant proposes to rezone the Site from L-M-2 to L-M-2, to permit existing and/or future uses prohibited by the current zoning ordinance, but otherwise permitted by the M-2, Manufacturing zoning category. This rezoning is filed in response to Zoning Code Violation Orders issued with regard to a lack of zoning clearance approval and/or uses contrary to the current zoning. Since the time those Orders were issued, Applicant has vacated both businesses which prompted the Orders.
The current L-M-2 zoning was established in 1987 by Ordinance No. 2198-87, which much too stringently limited the Site's permitted use to a sole use: "The storage of contractors equipment within one Building to be erected on the North 400 feet of said lot." That ordinance also did not address the fact that at that time, and still today, a single-family dwelling is located on the property, fronting Scioto-Darby Creek Road. For that reason, the single-family dwelling is a legal non-conforming use. In conjunction with this rezoning request, a companion council variance application has been filed to permit the single-family dwelling, as well as other variances necessary to legitimize the existing site conditions.
Through this rezoning Applicant seeks to establish a more appropriate range of permitted uses, not only to remedy the Orders issued, but to permit the opportunity for future uses on this site, beyond the sole use now permitted.
2. PERMITTED USES:
Except as prohibited below, all uses of Columbus City Code§3367.01 (M-2, Manufacturing District); outdoor storage, as permitted by §3367.29; residence of a resident watchman, as permitted by §3367.08.
The following uses shall be prohibited:
Adult entertainment, inclusive of bookstore; adult motion picture theater; adult-only entertainment facility; all uses of §3367.04(Chemicals, petroleum, coal and allied products; all uses of §3367.06 (Wood and paper products); all uses of §3367.07 (Food and beverage products); all uses of §3367.08 (Miscellaneous uses), except that a residence for a resident watchman under that Section is specifically permitted; stables.
3. DEVELOPMENT STANDARDS:
A. Density, Height, Lot and/or Setback Commitments.
N/A
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. The Applicant shall maintain one full-service access point along Scioto-Darby Creek Road, for use by any tenants/lessees of the property.
2. The Applicant shall maintain the current paved driveway providing access to the rear building and fenced-in storage lot, as accessed from Scioto-Darby Creek Road.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Applicant shall maintain the existing landscaping of the property. Should any future landscaping be added, the minimum size of all trees shall be 2.5-inch caliper for deciduous; 1.5 inch caliper for ornamentals, and 5 feet in height for evergreens. Caliper shall be measured 6 inches above grade. Trees may be equally spaced or grouped.
2. Any dead materials shall be replaced within six (6) months or the next planting season, whichever occurs first.
3. Applicant shall add vinyl slatting to the 6-foot outdoor storage area fencing at the rear of the property, as a buffer for the properties to the east and south.
4. Applicant shall install a 6-foot high, board-on-board fence along the west and east property lines, a distance of 200 feet in length respectively, and placed so as to provide screening from the adjacent residential dwellings, as shown on the submitted site plan. Said screening shall be maintained for as long as the adjacent parcels are zoned and used residentially.
5. Applicant shall maintain a 25-foot wide no-build zone, as measured from the north (rear) property line.
6. Applicant shall provide a 10-foot wide landscape buffer area, along the north (rear) property line and within the 25-foot no-build zone referenced above. Landscaping shall be installed with a 3-foot earthen mound with pine trees planted a minimum 10-feet on center.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. All building exteriors shall be constructed of wood, brick, real or synthetic stone, real or synthetic stucco, glass, vinyl siding, wood shingles, textured or coated metal, concrete, marble, textured concrete, or any combination of these materials.
E. Dumpster, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. External outdoor lighting shall be cutoff down-style fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. Outdoor lighting fixtures shall be from the same or similar manufacturers' type to insure aesthetic compatibility.
3. Except for decorative lighting, all light poles shall be metal and such light poles shall be of the same color. Light poles in the parking lots shall not exceed 18 feet in height.
4. All lighting shall be so positioned as to not be directed toward any abutting residentially-zoned property.
5. Any future wiring or utility installation within the subject Site shall be underground.
6. Service area lighting shall be contained within the service yard area.
7. There shall be no outdoor public address system, outdoor call system, or other outdoor audible system permitted on the Site.
F. Graphics and Signage Commitments.
All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code, as they apply to the M-2, Manufacturing District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous Commitments:
The Board of Zoning Adjustment (BZA) shall be the body to hear any and all variance requests, limited only to site development standards, including any and all specific site development standards included in and depicted on the site plan.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.