Explanation
Rezoning Application Z12-009
APPLICANT: Robert E. Caudy; 3377 Cemetery Road; Hilliard, OH 43026.
PROPOSED USE: Mixed commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 10, 2012.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned M-2, Manufacturing District, and was the subject of a 2005 Council variance request (CV05-043) to allow a veterinary practice and accessory pet daycare, boarding and grooming uses within the existing office/warehouse building along with an outdoor animal exercise area. The requested CPD, Commercial Planned Development District replaces the inappropriate industrial zoning district with a suitable commercial zoning designation. The request will allow the continuation of the veterinary-related uses, and will permit the remaining warehouse space to be converted into limited commercial uses. The site is located within the planning area of the Fifth by Northwest Neighborhood Plan (2009), which recommends "Mixed Use" for this area, including office and multi-unit residential development. Since the Plan recommends against new retail uses on Third Avenue, the applicant negotiated all of the proposed uses to the satisfaction of the Planning Division. The CPD includes development standards that address use restrictions and street trees, and includes variances for the building's existing conditions. The requested CPD, Commercial Planned Development District is consistent with the land use recommendations of the Fifth by Northwest Neighborhood Plan, and with the zoning and development pattern of the area.
Title
To rezone 1158 WEST THIRD AVENUE (43212), being 0.82± acres located on the northwest corner of West Third and Eastview Avenues, From: M-2, Manufacturing District, To: CPD, Commercial Planned Development District (Rezoning # Z12-009).
Body
WHEREAS, application #Z12-009 is on file with the Building and Zoning Services Department requesting rezoning of 0.82± acres from M-2, Manufacturing District, to CPD, Commercial Planned Development District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development will provide the minimum required bicycle parking; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District replaces an inappropriate industrial zoning district with a suitable commercial zoning designation. The request will allow the continuation of the veterinary-related uses, and will permit the remaining warehouse space to be converted into limited commercial uses. The requested CPD, Commercial Planned Development District is consistent with the land use recommendations of the Fifth by Northwest Neighborhood Plan, and with the zoning and development pattern 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:
1158 WEST THIRD AVENUE (43212), being 0.82± acres located on the northwest corner of West Third and Eastview Avenues, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots Number 56, 58, 59, 60, 61 and part of Lot 57 of VIRGINIA PLACE ADDITION as same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 10, Pages 372 and 373 (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 a 3/4" hollow iron pin found at the northwesterly corner of said Lot 61 at the intersection of the easterly right-of-way line of Virginia Avenue (50' wide right-of-way) with the southerly right-of-way line of a 20 foot wide Alley as shown on said Plat Book 10, Page 372;
Thence South 86° 11' 49" East 196.00 feet, along the southerly line of said Alley and the northerly lines of said Lots 61, 60, and 59, to a 1" hollow iron pin found bent on the northerly line of Lot 58;
Thence the following three (3) courses being across said Lot 59 and along the lines of that 14' x 16' tract conveyed to Columbia Gas of Ohio, Inc. of record in Deed Book 2542, Page 456:
1) South 03° 48' 11" West 14.00 feet, to a point;
2) Thence South 86° 11' 49" East 16.00 feet, to a point;
3) Thence North 03° 48' 11" East 14.00 feet, along the westerly line of said Lot 56, to a 1" hollow iron pin found;
4) Thence South 86° 11' 49" East 43.00 feet, along the southerly line of said 20 foot wide Alley and the northerly line of Lot 56, to a Mag Nail set on the westerly right-of-way line of Eastview Avenue (50' wide right-of-way);
Thence South 03° 48' 11" West 134.87 feet along the westerly right-of-way line of Eastview Avenue, to an iron pin set on the northerly right-of-way line of West Third Avenue (60' wide right-of-way);
Thence North 86° 17' 00" West 287.23 feet along the southerly lines of Lots 56 through 61 inclusive and the northerly right-of-way line of West Third Avenue, to an iron pin set on the easterly right-of-way line of Virginia Avenue;
Thence the following three (3) courses being along the easterly right-of-way lines of Virginia Avenue:
1) Northeasterly along the arc of a curve to the right, having a radius of 164.54 feet, a central angle of 11° 41' 52", the chord bearing North 20° 13' 01" East 33.53 feet, to a Mag Nail set at the point of tangency;
2) Thence North 26° 04' 56" East 18.00 feet, to an iron pin set at the point of curvature;
3)Thence northeasterly along the arc of a curve to the left, having a radius of 214.54 feet, a central angle of 23° 39' 02", the chord bearing North 14° 14' 26" East 87.93 feet, to the Point of Beginning, containing 0.8233 acres of land, more or less, subject to any easements, restrictions or right-of-ways of previous record.
NOTE: Bearings are used for the determination of angles only. For the purpose of this description, a bearing of North 86° 17' 00" West was assumed on the centerline of West Third Avenue. The iron pins set are 5/8" rebars, 30" long with yellow plastic caps stamped "SITE ENG INC."
To Rezone From: M-2, Manufacturing District
To: CPD, Commercial Planned Development District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development 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 change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "SITE PLAN," signed by Robert Johnson, Architect, and text titled, "CPD TEXT," signed by Robert E. Caudy, Applicant, both dated May 29, 2011, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICTS: CPD, Commercial Planned Development
PROPERTY ADDRESS: 1158 West Third Avenue, Columbus, Ohio 43212
OWNER: R&KC Adventures LLC
APPLICANT: Robert E. Caudy (owner of R&KC Adventures LLC)
DATE OF TEXT: May 29, 2012
APPLICATION: Z12-009
1. INTRODUCTION: The site is located on the north side of West Third Avenue between Eastview Avenue and Virginia Avenue. There is an existing building with entrances off of Eastview Avenue and Virginia Avenue. The site is zoned M2, Manufacturing District, but received council variances (Council Variance #: CV05-043, file #: 1481-2005) allowing an unlimited veterinarian practice with an outdoor therapeutic area, along with accessory pet daycare, boarding and grooming uses with existing off-street parking conditions. This CPD request will carry over all of the variances that were approved by CV05-043, and add appropriate commercial uses.
2. PERMITTED USES: Veterinarians (Unlimited Practice), Pet Grooming, Pet Boarding, Pet Training, Pet Daycare, Pets and Supplies (only in association with the veterinary clinic, no stand alone pet retail), Animal Kennel, Animal Shelter, Grooming Training Facility, Indoor Putt-Putt, Indoor Virtual Golf, Concession Stand, Arcade, Laser Tag, Laser Frenzy, Kids Inflatable Activity Center (bouncy castles, slides, etc.), Bumper Cars, Catering Businesses, Vending Machine Operators, Art Dealers/Art Galleries, Locksmiths and any use permitted in Chapter 3353 C-2 Office Commercial District except Telephone Call Centers, Telemarketing Bureaus, Telephone Answering Services and all uses in Section 3353.03(B) of the Columbus City Code in regards to Offices and/or Clinics for Health Care and Social Assistance.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this text, the applicable development standards are contained in Chapter 3356 (C-4 Regional Scale Commercial District) of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements
1. Building setback along West Third Avenue shall be a minimum of twelve (12) feet.
2. Parking setback along West Third Avenue shall be a minimum of ten (10) feet.
3. Building setback along Virginia Avenue shall be a minimum of twenty-five (25) feet.
4. Parking setback along Virginia Avenue shall be a minimum of five (5) feet.
5. Building setback along Eastview Avenue shall be a minimum of twenty-five (25) feet.
6. Parking setback along Eastview Avenue shall be a minimum of zero (0) feet.
B. Building Design and/or Interior-Exterior Treatment Commitments: N/A
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. Applicant commits to maintaining the existing trees along Third Avenue and Virginia Avenue.
2. Applicant commits to providing additional trees along West Third Avenue that are 40 ft on center, beginning from the existing trees and proceeding west to Virginia Avenue.
D. Graphics
1. All new graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 District and any variances to those requirements will be submitted to the Columbus Graphics Commission for consideration.
E. Miscellaneous
1. Variances
a) Section 3312.21B.1. Off-Street Parking and Loading, Landscaping and Screening: to require no new landscaping and allow existing paving between right-of-ways and the parking setback lines on the site for the existing building (or any direct replacement thereof in the case of damage replacement).
b) Section 3312.21B.3. Off-Street Parking and Loading, Landscaping and Screening: to require no new screening of any portion of the existing parking lots at the site located within eighty (80) feet of residentially zoned property for the existing building (or any direct replacement thereof in the case of damage replacement).
c) Section 3312.49C Off-Street Parking and Loading, Minimum Numbers of Parking Spaces Required: to allow the existing twenty-seven (27) parking spaces to satisfy the minimum number of parking spaces required for any of the permitted uses listed above as a part of this application.
d) Section 3356.05F.2. C-4 Regional Scale Commercial District Development Limitations, Outdoor Therapeutic Exercise Areas for Veterinarians (unlimited practice): to allow outdoor exercise areas on the site that are located less than 100 feet from adjacent residentially zoned districts.
2. CPD Criteria
a) Natural Environment: The site is currently developed with a single building.
b) Activities: The proposed development will provide commercial options for the surrounding commercial and residential neighborhoods.
c) Behavior Patterns: Existing development in the area has established vehicular and pedestrian patterns for the area.
d) Circulation: The site will have access to Eastview Avenue, Virginia Avenue and the alley adjacent to the site.
e) Emission: The site will not have negative effects on emission levels of light, sound, smell and dust.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.