Explanation
Rezoning Application Z23-020
APPLICANT: Xyzit Property Group, LLC c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Auto repair and paint shop.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 8, 2023.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.65± acre site consists of one parcel developed with a single-unit dwelling in the R-1, Residential District. The requested CPD, Commercial Planned Development District will allow the site to be redeveloped with an auto body repair and paint business as shown on the submitted site plan and building elevations. The CPD text includes appropriate use restrictions and supplemental development standards addressing building and parking setbacks, vehicular and pedestrian access, cross access easements, fencing, street trees, graphics controls, and a code modification for reduced building setbacks and internal shade tree requirements. The Northeast Area Plan (2007) recommends “Neighborhood Commercial” for part of the site, consistent with the proposed CPD district.
Title
To rezone 3662 AGLER RD. (43219), being 1.65± acres located at the northwest corner of Agler Road and Stelzer Road, From: R-1, Residential District, To: CPD, Commercial Planned Development District (Rezoning #Z23-020).
Body
WHEREAS, application #Z23-020 is on file with the Department of Building and Zoning Services requesting rezoning of 1.65± acres from R-1, Residential District, to CPD, Commercial Planned Development 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 CPD, Commercial Planned Development District is consistent with Northeast Area Plan’s land use recommendation, and includes appropriate use restrictions and screening from neighboring uses; 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:
3662 AGLER RD. (43219), being 1.65± acres located at the northwest corner of Agler Road and Stelzer Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands, and being all of the remainder of that 3 acre tract conveyed to Virginia M. Baker of record in Official Record 12339A03, and described as follows:
Beginning for reference, at Franklin County Engineers Monument FCGS 2264 found, marking the centerline intersection of Stelzer Road with Agler Road and the center of said Township 1, Range 17.
Thence North 86 deg. 25’ 16” West, with the centerline of Agler Road, a distance of 200.18 feet to a southwesterly corner of Parcel 77WD conveyed to Franklin County Commissioners of record in Official Record 10301A09 and 10703F03, and the southeasterly corner of that Take Two conveyed to Franklin County Commissioners of record in Official Record 7596F07, being South 86 deg. 25’ 16” East, with the centerline of Agler Road, 404.02 feet from Franklin County Engineers Monument FCGS 6620;
Thence North 03 deg. 31’ 40” East, with westerly line of said Parcel 77WD, the easterly line of said Take Two, the westerly line of that original 0.91 acre tract conveyed to R & S Tire and Truck Service, Inc. of record in Deed Book 3794, Page 94, and the easterly line of Parcel 58WD2 conveyed to Franklin County Commissioners of record in Instrument Number 200409280226320, a distance of 50.00 feet to an iron pin set at the northeasterly corner of said Parcel 58WD2, being the True Point of Beginning;
Thence North 86 deg. 25’ 16” West, with the northerly line of said Parcel 58WD2, a distance of 173.39 feet to an iron pin set at a corner thereof, the northeasterly corner of Parcel 116WD conveyed to Franklin County Commissioners of record in Instrument Number 200406080131755, and the southeasterly corner of that 1.382 acre tract conveyed to Gamma Columbus II, LLC of record in Instrument Number 200411220267219;
Thence North 03 deg. 52’ 57” East, with the easterly line of said 1.382 acre tract, a distance of 299.82 to an iron pin set at the southwesterly corner of the remainder of that 1 acre tract conveyed to Clinton L. Roese and Charlene F. Roese of record in Instrument Number 200108150189286;
Thence South 86 deg. 25’ 16” East, with the southerly line of said 1 acre tract, a distance of 306.71 feet to an iron pin set at the corner thereof, the northwesterly corner of Parcel 58WD1 conveyed to Franklin County Commissioners of record in Instrument Number 200409280226320, and the southwesterly corner of Parcel 59WD conveyed to Franklin County Commissioners of record in Instrument Number 200407210169357;
Thence South 03 deg. 31’ 40” West, with the westerly line of said Parcel 58WD1, a distance of 149.90 feet to an iron pin set at a corner thereof, in the northerly line of said 0.91 acre tract;
Thence with the perimeter of said 0.91 acre tract, the following courses:
North 86 deg. 25’ 16” West, a distance of 135.18 feet to an iron pin set;
South 03 deg. 31’ 40” West, a distance of 149.42 feet to the True Point of Beginning, containing 1.652 acres, more or less, of Auditor’s Parcel No. 520-162411.
Subject to any rights-of-way, easements and restrictions of record.
Iron pin sets, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with plastic plug placed in the top bearing the initials EMHT INC.
This description is based on the existing records and an actual field survey by EMHH&T Inc.
Bearings are based on the Ohio State Place Coordinate System per NAD 83, South Zone (1986 Adjustment). Control for beings is from Franklin County Engineers Monuments FCGS 2264 and FCGS 2265, having a bearing of North 03 deg. 33’ 01” East.
Property Address: 3662 Agler Rd., Columbus, OH 43219.
Parcel Numbers: 520-162411.
To Rezone From: R-1, Residential 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 site plans being titled, “STELZER RD. MAACO PLAN SHEETS 1 AND 2,” and building elevations titled, “PROPOSED EXTERIOR ELEVATIONS,” all dated June 13, 2023, and text titled, “CPD TEXT,” dated May 23, 2022, all signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 3662 Agler Road
OWNER: Kenneth C. Baker Tr.
APPLICANT: XYZIT Property Group LLC
DATE OF TEXT: 5/23/23
APPLICATION NUMBER: Z23-020
1. INTRODUCTION: The site is on the west side of Stelzer Road north of Agler Road. There is a tire business on the corner. The two adjacent sites to the north and west are zoned L-C-4. The current zoning is R-1 and the proposed zoning is CPD.
2. PERMITTED USES: Those uses permitted in Chapter 3356 C-4, Commercial of the Columbus City Code. The following uses shall be prohibited:
Auto sales, new or used
Bars, cabarets and nightclubs
Check cashing and loans
Missions/temporary shelters
Motorcycle, boat, and other motor vehicle dealers
Ohio medical marijuana control program retail dispensary
Pawn brokers
Truck, utility trailer, and RV (recreational vehicle) sales, rental and leasing
Drive-in motion pictures theaters
Hotels and motels
Hotels, Extended Stay
Halfway house
3. DEVELOPMENT STANDARDS: Except as listed in the zoning text and on the submitted site plan, the applicable development standards are contained in Chapter 3356 C-4, Commercial of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements.
Building setbacks along Agler Road shall be 25 feet and along Stelzer Road shall be 25 feet. Parking setbacks along Stelzer Road shall be 25 feet and 10 feet along Agler Road.
B. Access, Loading, Parking and/or Traffic Related Commitments:
1. The Stelzer Road curbcut shall be a right in.
2. A sidewalk shall be installed along the Agler Road frontage.
3. A sidewalk connection to the proposed building from the existing Stelzer Road sidewalk shall be made at the time of development of the site, and upon construction of a second building on the site a sidewalk connection from the building to Agler Road sidewalk shall be made.
4. Upon the redevelopment of Parcel No. 520-184648, access via a cross access easement shall be provided to that parcel to utilize the subject site’s access to Stelzer Road and Agler Road. Cross access easement shall be in a form customary for the area including a split of maintenance and construction cost for said access points.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
1. The applicant shall install a fence along the north and west sides of the site to screen the parking area west of the proposed building. This fence shall be extended along the west property line to the building setback on Agler Road upon development of that area of the site.
2. Street trees shall be installed along Stelzer Road (forty feet on center). These trees may be grouped or individually spaced. Street trees shall be installed along Agler Road meeting the above requirement once the area south of the initial proposed development occurs.
D. Building Design, and/or Interior-Exterior Treatment Commitments:
The building shall be constructed in accordance with the submitted building elevations titled,”X”. The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development plan and when engineering and architectural drawings are completed. Any slight adjustments to the building elevations shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding proposed adjustment.
E. Dumpster, Lighting, Outdoor Display Areas, and/or other Environmental Commitments:
N/A
F. Graphics and Signage Commitments:
The applicable graphics standards shall be those contained in the City Code as they apply to C-4, Commercial District. Any variances shall be submitted to the Columbus Graphics Commission and the applicant shall file a graphics plan application for any freestanding signs on the parcel.
G. Miscellaneous Commitments:
1. Site Plan Revision Allowance: The Property shall be developed in accordance with the site plan titled, “Stelzer Rd. MAACO Plan,” however, the Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed. The Director of the Department Building and Zoning Services or the Director’s designee may approve any slight adjustment to the Site Plan upon submission of the appropriate data regarding the proposed adjustment.
2. The area south of the parking and building shown in the submitted site plan may contain additional development in accordance with the requirements of this zoning text.
H. Modification of Development Standards:
Section 3356.11 C-4 district setback line: to reduce the building setback lines along Stelzer Road and along Agler Road from 60 feet to 25 feet; and Section 3312.21 (A): to waive the interior parking lot tree requirement in the rear of the building facing Stelzer Road (the fenced area) to be used for parked vehicles awaiting repair.
4. CPD REQUIREMENTS:
A. Natural Environment: The site is located on the west side of Stelzer Road north of Agler Road.
B. Existing Land Use: There is a tire shop at the corner; to the north and west is undeveloped ground zoned L-C-4; to the east across Stelzer Road is a car wash and VFW and to the south across Agler Road is a tire store and residential.
C. Transportation and Circulation: Access from Stelzer Road and from Agler Road.
D. Visual Form of the Environment: A building elevation for a part of the site has been included.
E. View and Visibility: The applicant considered pedestrian and vehicular movement in layout of site.
F. Proposed Development: Commercial uses.
G. Behavior Patterns: The property will serve existing traffic traveling to work, home or shopping in the area.
H. Emissions: No adverse effect from emissions shall result from the proposed development
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.