Explanation
Rezoning Application Z14-024
APPLICANT: Pat Bevilacqua, Managing Member of LLC; c/o J. Jeffrey McNealey, Attorney; Porter, Wright, Morris & Arthur; 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on August 14, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site has been developed and occupied with two restaurants in accordance with a CPD, Commercial Planned Development District established in 1980. That CPD district permits only two restaurants and no other uses. The requested L-C-4, Limited Commercial District will allow re-use of the site with an appropriate range of permitted commercial uses. The site is located within the boundaries of the Northland Plan Volume 1 (2014), which recommends community mixed use for this location. The request is consistent with the land use recommendation of the area plan and with the established development and zoning pattern of this portion of the East Dublin Granville Road commercial corridor.
Title
To rezone 2345 & 2365 EAST DUBLIN GRANVILLE ROAD (43229), being 3.25± acres located at the southeast corner of East Dublin Granville Road and Parkville Street, From: CPD, Commercial Planned Development District, To: L-C-4, Limited Commercial District (Rezoning # Z14-024).
Body
WHEREAS, application #Z14-024 is on file with the Department of Building and Zoning Services requesting rezoning of 3.25± acres from: CPD, Commercial Planned Development District, to L-C-4, Limited Commercial 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-C-4, Limited Commercial District will allow re-use of the site with an appropriate range of permitted commercial uses. The request is consistent with the land use recommendations of the Northland Plan Volume 1, and with the established development and zoning 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:
2345 & 2365 EAST DUBLIN GRANVILLE ROAD (43229), being 3.25± acres located at the southeast corner of East Dublin Granville Road and Parkville Street, and being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 2, Range 18, United States Military Lands and being 3.250 acres of the 8.910 acre tract conveyed to Ludo Bevilacqua Builders, Inc., by deed of record in Deed Book 2846, Page 69, all references being to records in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point in the southerly right-of-way line of East Dublin-Granville Road (State Route 161), that is the intersection of the easterly line of said 8.910 acre tract with said right-of-way line, said point also being the northwesterly corner of the 3.333 acre tract conveyed to Raintree, by deed of record in Deed Book 3217, Page 208;
Thence along the westerly line of said 3.333 acre tract, South 5° 17' 10" West, 324.97 feet to a point at the northeasterly corner of the 5.787 acre tract conveyed to Parkville, Ltd., by deed of record in Deed Book 3623, Page 199;
Thence along the northerly line of said 5.787 acre tract, North 73° 22' 50" West, 490.64 feet to a point in the easterly right-of-way line of Parkville Street (as dedicated by plat of record in Plat Book 41, Page 51 and being 60.0 feet in width);
Thence along said right-of-way line, being the arc of a curve to the right (Delta = 11° 09' 00", Radius = 810.0 feet), a chord bearing and distance of North 11° 02' 40" East, 157.38 feet to a point of tangency;
Thence continuing along said right-of-way line, North 16° 37' 10" East, 94.14 feet to an angle point in said line;
Thence continuing along said right-of-way line North 61° 37' 10" East, 29.75 feet to the intersection of said line with the southerly right-of-way line of East Dublin-Granville Road;
Thence along said southerly right-of-way line, South 76° 11' 21" East, 123.46 feet to an angle point in said line;
Thence continuing along said line, North 84° 31' 48" East, 108.42 feet to an angle point in said line;
Thence continuing along said line, South 73° 22' 50" East, 197.26 feet to the place of beginning, containing 3.250 acres, more or less.
To Rezone From: CPD, Commercial Planned Development District
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial 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 and shall register a copy of the approved L-C-4, Limited Commercial 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 text titled, "DEVELOPMENT TEXT," signed by J. Jeffrey McNealey, Attorney for the Applicant, dated July 10, 2014, and the text reading as follows:
DEVELOPMENT TEXT
L-C-4
3.4 ACRES
Existing District: CPD - Restaurant
Proposed District: L-C-4
Property Address: 2345 and 2365 East Dublin-Granville Road
Owner/Applicant: BL & G LLC
Application No.: Z14-024, 14335-00000-00368
Date of Text: July 10, 2014
I. INTRODUCTION:
The site is comprised of two parcels. The East Parcel (PID 010-184766; 2365 East Dublin-Granville Road) has an active restaurant. This use is anticipated to continue "as is" for the foreseeable future. The West Parcel (PID010-143756; 2345 East Dublin-Granville Road) is a vacated Friendly's restaurant to be converted to commercial office use, financial services (§3356.03(B) - Check cashing and loans). As the anticipated use of the West Parcel is less intense than the vacated restaurant, off-site impacts of the development are anticipated to be less than in its former use as a restaurant site. There has been no demand for the West Parcel for continued restaurant use.
The continuing restaurant and new office development on the site are in keeping with the behavioral trend and pattern of the area. To the east beyond the northerly projection of the Raintree Apartment project, Raintree Shopping Center maintains commercial establishments for the operation of a drug store, hobby store, grocery store, book store, discotheque, novelty store and luncheon restaurant, among others. The area to the west has also been commercially developed with housing, luncheon restaurants, gas stations, theme restaurants, office buildings, etc. The proposed development would not change substantially the present neighborhood behavior patterns. The proposed development is designed to draw from the present pedestrian and vehicular traffic in the area rather than to increase it.
All uses will continue to be compliant with development standards applicable to C-4 zoning districts.
II. PERMITTED USES:
All uses permitted in Columbus Zoning code §3356 shall remain permitted, except for the following uses which shall be prohibited:
1) Bars, Cabarets and Nightclubs;
2) Halfway House;
3) Missions/Temporary Shelters;
4) Pawn Brokers.
III. DEVELOPMENT STANDARDS:
A. Density, Height, Lot and/or Setback Commitments. N/A
B. Access, Loading, Parking and/or Other Traffic-Related Commitments. N/A
C. Buffering, Landscaping, Open Space and/or Screening Commitments. N/A
D. Building Design and/or Interior-Exterior Treatment Commitments. N/A
E. Dumpster, Lighting, Outdoor Display Areas and/or Other Environmental Commitments. N/A
F. Graphics and Signage Commitments. N/A
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.