Explanation
Rezoning Application Z03-099
APPLICANT: Nittany Lions, LLC; c/o David L. Hodge, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Office development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on January 8, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.75-acre site is developed with an office building and was zoned LI, Limited Industrial District in Clinton Township prior to annexation on October 22, 2003. The applicant requests the L-M, Limited Manufacturing District to permit commercial, less objectionable manufacturing and telecommunication antenna uses as part of a comparable rezoning. The limitation text includes use restrictions and development standards in consideration of the single-family residential development to the west that will occur with redevelopment of the site. The proposal is consistent with the established zoning and development patterns of the area.
Title
To rezone 807 KINNEAR ROAD (43212), being 3.75± acres located on the south side of Kinnear Road, 120± feet east of Rhonda Avenue, From: R, Rural District, To: L-M, Limited Manufacturing District (Rezoning # Z03-099).
Body
WHEREAS, application #Z03-099 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.75± acres from R, Rural District 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 the requested L-M, Limited Manufacturing District for an existing office building will permit commercial, less objectionable manufacturing and telecommunication antenna uses as part of a comparable zoning, and includes use restrictions and development standards in consideration of the single-family residential development to the west that will occur with redevelopment of the site. The proposal is consistent with the established zoning and development patterns of the area, 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:
807 KINNEAR ROAD (43212), being 3.75± acres located on the south side of Kinnear Road, 120± feet east of Rhonda Avenue, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio, and in the Township of Clinton:
Being 3.749 acres of land out of a 6.138 acre tract of land belonging to Robert S. Hoag of record in Official Record
12513, page C02, at the Franklin County Recorder's Office, Franklin County, Ohio, and being said 3.749 acre tract being more particularly described as follows:
Beginning for reference at a point, said point located at the centerline intersection of Kinnear Road (60' feet wide); and Rhoda Avenue (50' feet wide); thence along the centerline of Kinnear Road S 87 deg. 01' 07" E a distance of 154.49 feet to railroad spike (found), said railroad spike being located at the most northwesterly corner of said 6.138 acre tract, said railroad spike also being located at the most northeasterly corner of University View Subdivision No. 2 of record in Plat Book 21, Page 10, at said Recorder's Office, said railroad spike also being located at the True Point of Beginning;
Thence from said True point of Beginning continuing along the said centerline of Kinnear Road S 87 deg. 01' 07" E a distance of 342.07 feet to a railroad spike (found), said railroad spike being located at the most northeasterly corner of said 6.138 acre tract, said railroad spike also being located in the westerly right-of-way of The Chesapeake and Ohio Railroad (100 feet wide);
Thence along the easterly boundary of said 6.138 acre tract and the westerly right-of-way line of The Chesapeake and Ohio Railroad, S 12 deg. 15' 22" E a distance of 449.83 feet to an iron pin (set);
Thence crossing said 6.138 acre tract S 77 deg. 43' 27" W a distance of 329.97 feet to an iron pin (set), said iron pin being located in the easterly boundary of said University View Subdivision Number 2, and the westerly boundary of said 6.138 acre tract;
Thence along the said easterly boundary of said University View Subdivision Number 2, and the said westerly boundary of said 6.138 acre tract N 12 deg. 15' 48" W a distance of 539.85 feet to the True Point of Beginning and containing 3.749 acres of land, more or less, and being subject to all easements, restrictions and rights of way (if any) of previous record.
Note: Iron pins set are 30" x 1" O.D. with yellow plastic caps inscribed 6065.
Bearings used in the attached legal description were obtained from 6.138 acre tract of land belonging to Robert S. Hoag of record in Official Record Volume 12513, page C02, at the Franklin County Recorder's Office, Franklin County, Ohio.
To Rezone From: R, Rural 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-M, 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, " LIMITATION TEXT ," signed by David L. Hodge, Attorney for the Applicant, dated June 25, 2004, and reading as follows:
LIMITATION TEXT
PROPOSED DISTRICT: L-M, Limited Manufacturing
EXISTING DISTRICT: R, Rural (formerly LI, Limited Industrial)
PROPERTY ADDRESS: 807 Kinnear Road
OWNER/APPLICANT: Nittany Lions, LLC
DATE OF TEXT: 6/25/04
APPLICATION NUMBER: Z03 - 099
INTRODUCTION:
The subject property is located south of Kinnear Road, east of Rhoda Avenue, west of the Lennox Town Center. Pursuant to City of Columbus ordinance number 2005-2003, this tract was annexed from Clinton Township into the City of Columbus on October 22, 2003. While in the County, the property was zoned LI, Limited Industrial. The applicant is seeking comparable zoning pursuant to Columbus City Code Section 3310.09. The existing use at the property is office.
Adjacent to the south of this property is a supply yard zoned LI in Clinton Township / Franklin County. To the west are residentially zoned properties in Clinton Township / Franklin County. North of the site across Kinnear Road is state owned property zoned LUCRPD in the City of Columbus and a large LI zoned Clinton Township tract. Adjacent to the east is a 100' CSX railroad track.
By virtue of the 100' railroad right-of-way to the east, the manufacturing uses that currently exist in the area, and the classification as LI prior to annexation, the requested City of Columbus zoning district is appropriate and comparable to the previously applicable county zoning.
1. PERMITTED USES:
Those uses permitted in C.C. 3363.01 Manufacturing Districts, C.C. 3363.02 through 3363.08, Warehouse, storage and sales establishment - Less objectionable uses, and 3363.175, Telecommunication antennas, restricted to the southeast quadrant of the site. The following uses are prohibited:
Adult entertainment establishment
Adult store
Automobile and Light Truck Dealers
Automotive Sales, Leasing and Rental
Bars, Cabarets and Nightclubs
Blood and Organ Banks
Check Cashing and Loans
Community Food Pantry
Missions / Temporary Shelters
Motorcycle, Boat, and Other Motor Vehicle Dealers
Motor Vehicle Accessories and Parts Dealers
Outdoor Power Equipment Sales
Pawn Brokers
Recreational Vehicle Dealers
Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing
Warehouse Clubs and Super Centers
Drive-In Motion Picture Theaters
Farm Equipment and Supply Stores
Garden, Landscaping and Nursery Centers and Sales
Hospitals
Lawn and Garden Equipment and Supplies Stores
Performing Arts, Spectator Sports and Related Industries
Animal Shelter
Halfway House
Veterinarians (Unlimited practice)
Coin-operated Laundries
Repossession Services
Display Advertising
Armored Car, Investigation Guard and Security Services
Astrology, Fortune telling and Palm Reading
Butcher Shops, Fish, Meat, and Seafood Markets (Unlimited size)
Parking garages
Crematory
2. DEVELOPMENT STANDARDS: Unless otherwise indicated, 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. N/A
B. Access, Loading, Parking and/or Traffic related commitments.
1. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
2. The applicant shall dedicate 50' of right-of-way from the centerline of Kinnear Road subject to the approval of the City of Columbus Transportation Division.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced at the next planting season or within six (6) months.
2. In the event of any site redevelopment, the property owner shall provide a 5' high board on board fence and/or evergreen trees a minimum 5' in height spaced a maximum of 15' apart to provide a buffer to the adjacent residential uses.
D. Building Design and/or Interior-Exterior Treatment Commitments:
N/A
E. Dumpsters, Lighting, Outdoor display areas and/or Other Environmental Commitments.
1. Any new external outdoor lighting shall be cut-off fixtures (down-lighting) and shall be designed and placed to prevent spillage of light off the site and to prevent glare visible from the property lines and lighting shall not exceed .1 foot-candle along the property line of a residentially used or zoned property.
2. Any new exterior lighting shall be from the same or a similar manufacturer's type and style to ensure aesthetic compatibility.
3. Any new parking lot lighting shall be no higher than eighteen (18) feet.
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 M, Manufacturing District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. Existing conditions are recognized as legal, and non-conforming to the extent that they do not meet the standards set forth in Chapter 3363 of the Columbus City Code. Any future site development shall comply with all Columbus City Code requirements.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.