Explanation
Rezoning Application: Z21-049
APPLICANT: Tucker Bear Capital, LLC; c/o Jon Stevenson, Atty.; 100 South 4th Street; Columbus, OH 43215.
PROPOSED USE: Industrial or commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 17, 2021.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 28.36± acre site is comprised of 11 parcels, six of which are undeveloped (five zoned L-C-3, Limited Commercial District and one zoned R, Rural District), and five of which are developed with single-unit dwellings (all zoned in the R, Rural District). The requested L-M, Limited Manufacturing District will permit a sales and distribution facility and future commercial or industrial development. The site is subject to the I-670 Graphics Control overlay and is located within the boundaries of the Port Columbus Joint Economic Development Strategy (2008), which recommends “Office” land uses for this location. The site is also located within the boundaries of the Northeast Area Plan (2007), which recommends “Office-Light Industrial” land uses for this location. The Northeast Area Plan design guidelines recommend the inclusion of street trees in all new developments, and landscaped screening of parking lots abutting roadways if parking cannot be provided behind buildings. The limitation text proposes all commercial and less objectionable manufacturing uses with limits on the amount of retail uses (50% of the building size in Subarea A and 30,000 square feet maximum in subarea B), and includes development standards addressing setbacks, traffic access, traffic improvements, building height, street trees, and building materials, with a commitment to develop Subarea A in accordance with the submitted site and landscaping plans. The requested L-M, Limited Manufacturing District will allow industrial or commercial development that is consistent with the plan recommendations of both the Northeast Area Plan and the Port Columbus Joint Economic Development Strategy. The proposal also incorporates landscaping and screening as recommended by the Northeast Area Plan design guidelines. Ordinance #0367-2022; CV21-106 is included as a concurrent Council variance request to permit maneuvering areas, parking spaces, and loading spaces to be divided by parcel lines.
Title
To rezone 2189 STELZER RD. (43219), being 28.36± acres located on the west side of Stelzer Road, 523± feet north of Citygate Drive, From: R, Rural District and L-C-3, Limited Commercial District, To: L-M, Limited Manufacturing District (Rezoning #Z21-049).
Body
WHEREAS, application #Z21-049 is on file with the Department of Building and Zoning Services requesting rezoning of 28.36± acres From: R, Rural District and L-C-3, Limited Commercial District, To: L-M, Limited Manufacturing District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Northeast Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-M, Limited Manufacturing District will allow an industrial development with limited commercial uses that is compatible with the plan recommendations of both the Northeast Area Plan and the Port Columbus Joint Economic Development Strategy. The proposal also incorporates street trees and building material provisions as recommended by the Northeast Area Plan design guidelines; 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 # 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
2189 STELZER RD. (43219), being 28.36± acres located on the west side of Stelzer Road, 523± feet north of Citygate Drive, and being more particularly described as follows:
SUBAREA A
ZONING DESCRIPTION OF
15.92 ACRES
Situate in the State of Ohio, County of Franklin, Township of Mifflin and City of Columbus, lying in Quarter Township 1, Township 1, Range 17, United States Military District, being all of the remainder of that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202011060176332, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202010220164982, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number
202010190161557, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202010220164984, and part of the remainder of that 12.861 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number
201907310095236, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING in the westerly right-of-way line of Stelzer Road, at the common corner of the remainder of said 2.707 acre tract (I.N. 202011060176332) and that 4.07 acre tract conveyed to Naim Stelzer Road LLC by deed of record in Instrument Number 201704190052755;
Thence South 03° 33' 01" West, with said westerly right-of-way line, the easterly line of the remainder of said Tucker Bear Capital tracts, a distance of 618.88 feet to a point;
Thence North 86° 18' 39" West, across said 12.861 acre tract, a distance of 1120.59 feet to a point in the easterly line of that 10.321 acre tract conveyed to Trustees Agler Rd Parcel #2 by deed of record in Instrument Number 201008230108139;
Thence North 03° 35' 31" East, with the westerly line of said Tucker Bear Capital tracts, the easterly line of said 10.321 acre tract, a distance of 618.83 feet to a point at the southwesterly corner of that 5 acre tract conveyed to Trustees Agler Rd Parcel #3 by deed of record in Instrument Number 201008190106494;
Thence South 86° 18' 48" East, with the northerly line of said 2.707 acre tract (I.N.
202011060176332), the southerly line of said 5 and 4.07 acre tracts, a distance of 1120.14 feet to the POINT OF BEGINNING, containing 15.917 acres, more or less.
SUBAREA B
ZONING DESCRIPTION OF
12.44 ACRES
Situate in the State of Ohio, County of Franklin, Township of Mifflin and City of Columbus, lying in Quarter Township 1, Township 1, Range 17, United States Military District, being part of the remainder of that 12.861 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 201907310095236, and all of the remainder of that 2.707 acre tract conveyed as Parcel 1 and 2.707 acre tract conveyed as Parcel 2 to Tucker Bear Capital LLC by deed of record in Instrument Number 202010120156737, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING in the westerly right-of-way line of Stelzer Road at the common corner of the remainder of said 2.707 acre tract (Parcel 1) and that 5.114 acre tract conveyed to Educational Service Center of Central Ohio by deed of record in Instrument Number
201001290011699;
Thence North 86° 20' 17" West, with the line common to said 2.707 acre tract (Parcel 1) and said 5.114 acre tract, a distance of 1120.94 feet to a point in the easterly line of that 11.689 acre tract conveyed to AREPIII AP Citygate, LLC by deed of record in Instrument Number
202102250035612;
Thence North 03° 35' 31" East, with the westerly line of said Tucker Bear Capital tracts, the easterly line of said 11.689 acre tract and that 10.321 acre tract conveyed to Trustees Agler Rd Parcel #2 by deed of record in Instrument Number 201008230108139, a distance of 481.35 feet to a point;
Thence South 86° 18' 39" East, across said 12.861 acre tract, a distance of 1120.59 feet to a point in said westerly right-of-way line;
Thence South 03° 33' 01" West, with said westerly right-of-way line, the easterly line of the remainder of said Tucker Bear Capital tracts, a distance of 480.82 feet to the POINT OF BEGINNING, containing 12.44 acres, more or less.
To Rezone From: R, Rural District and L-C-3, Limited Commercial District.
To: L-M, Limited Manufacturing District.
SECTION 2. That a Height District of Sixty (60) 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 plans titled, "AMERICA’S FLOOR SOURCE SITE EXHIBIT," and "AMERICA’S FLOOR SOURCE LANDSCAPE PLAN," and said text titled, "LIMITATION TEXT," all dated January 21, 2022, and signed by Jon Stevenson, Attorney for the Applicant, and said text reading as follows:
LIMITATION TEXT
Application No.: Z21-049
Location: 2065, 2101, & 2189 Stelzer Road, Columbus, Ohio
Parcel IDs: 010-212112, 191-000100, 191-000114, 191-002667, 191-002668, 191-002678, 445-284359, 445-284360, 445-284361, 445-284362, 445-284363.
Existing Zoning: LC3 and R districts
Requested Zoning: L-M, Limited Manufacturing
Applicant: Tucker Bear Capital, LLC
Property Owner: Tucker Bear Capital, LLC
Attorney/Agent: Jon Stevenson, KMFY Law, 100 S. Fourth Street, Suite 100, Columbus, Ohio 43215
Date of Text: January 21, 2022
1. INTRODUCTION: The subject site is currently zoned LC3 and R. Applicant proposes that the site be developed in two phases consisting of a Subarea A and Subarea B, identified in the attached exhibit with the permitted uses and development standards further described in this Limitation Text.
2. PERMITTED USES: Those uses permitted in Sections 3363.01 through 3363.08 (less objectionable manufacturing uses); provided that adult entertainment establishment or an adult store shall not be permitted.
Retail sales of products on the premises incidental to the above-stated M uses shall be allowed in Subarea A provided, however, that such retail sales shall not exceed 50% of the square footage of the structure.
Retail uses shall be limited to 30,000 square feet of the total building square footage in Subarea B.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this text or Zoning Exhibit, the applicable development standards are contained in Chapter 3363, M-Manufacturing District of the Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
1. The minimum building setback from Stelzer Road shall be sixty (60) feet.
2. The minimum building setback from internal roads shall be twenty-five (25) feet.
3. The minimum parking setback shall be twenty-five (25) feet.
4. Buildings and structures shall not exceed sixty (60) feet in height.
5. The minimum building setback in Subarea B from any adjacent residential district shall be twenty-five (25) feet.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. There are three proposed site access driveways on Stelzer Road. The north drive is approximately 150 feet south of the centerline of Minnesota Avenue and it will be right-in and right-out only. The middle access will be a shared access between Subarea A and Subarea B, aligned with Earl Avenue on the east side of Stelzer Road. The south access will align with Emmons Avenue.
2. The applicant shall be obligated to construct the following improvements:
a. 185 feet (including 60-foot diverging taper) southbound right turn lane at Stelzer/North Drive intersection, unless otherwise agreed to by the Department of Public Service
b. Installation of a traffic signal at the Stelzer Road/Center Drive intersection (including restriping of the two-way left turn lanes)
3. Size, ratio and type of parking and loading shall be regulated by the Columbus Zoning Code under Chapter 3312 unless a variance is sought from the Board of Zoning Adjustment.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Road frontages on both Subarea A and Subarea B shall have a minimum of one tree for every forty (40) lineal feet. Trees do not have to be equally spaced, but may be grouped.
2. Notwithstanding the foregoing, no buffering or screening shall be required between Subarea A and Subarea B.
D. Building design and/or Interior-Exterior treatment commitments: All building exteriors shall be constructed of wood, brick, real or synthetic stone, real or synthetic stucco, glass, wood shingles, textured or coated metal (except galvanized steel), concrete, marble, textured concrete, EIFS, or a combination of these materials.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments: N/A
F. Graphics and Signage commitments: All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the M, Manufacturing District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous: Sub Area A site shall be developed in accordance with the plans submitted herewith titled, "America’s Floor Source Site Exhibit," and "America’s Floor Source Landscape Plan." The plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the Plan shall be reviewed and 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.