Explanation
Rezoning Application # Z05-011
APPLICANT: KRG Associates Inc.; c/o David L. Hodge, Atty.; Smith and Hale; 37 West Broad Street, Suite 725;
Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 11, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit retail and restaurant development. The CPD text includes use restrictions and development standards that are consistent with the surrounding commercial districts. This proposal is consistent with the zoning and development patterns of the area and establishes appropriate use restrictions and development standards addressing screening, lighting, landscaping, and a variance to reduce the required number of parking spaces from fifty-five to forty-four.
Title
To rezone 1274 KING AVENUE (43212), being 0.64± acres located at the northwest corner of King Avenue and Northwest Boulevard, From: C-4, Commercial, and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development District (Rezoning # Z05-011).
Body
WHEREAS, application #Z05-011is on file with the Building Services Division of the Department of Development requesting rezoning of 0.64± acres from C-4, Commercial, and CPD, Commercial Planned Development Districts to CPD, Commercial Planned Development 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 CPD, Commercial Planned Development District would permit retail and restaurant development. The CPD text includes use restrictions and development standards that are consistent with the surrounding commercial districts. This proposal is consistent with the zoning and development patterns of the area and establishes appropriate use restrictions and development standards addressing screening, lighting, landscaping, and a variance to reduce the required number of parking spaces from fifty-five to forty-four, 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:
1274 KING AVENUE (43212), being 0.64± acres located at the northwest corner of King Avenue and Northwest Boulevard, and being more particularly described as follows:
Situated in the County of Franklin in the State of Ohio and in the City of Columbus and bounded and described as follows:
More fully described as being situated in the City of Columbus, County of Franklin, State of Ohio, and known as being part of Lots Nos. 15 and 16 of the Partition of the Estate of Wm. Neil, deceased, as shown by the plat recorded in Volume 3, Page 18\68 of Franklin County Records, and bounded and described as follows:
Beginning on the northerly line of King Avenue at its point of intersection with the westerly line of Northwest Boulevard, thence westerly along said northerly line of King Avenue 90 feet to the true point of beginning thence westerly along said northerly line of King Avenue, 83.18 feet more or less; thence northerly on a line at right angles with said northerly line of King Avenue a distance of 167 feet more or less to a public alley; thence easterly 83.18 feet more or less to the northwest corner of land acquired by buyer on July 24, 1981; thence southerly approximately 167.61 feet along the westerly line of buyers land so acquired to the true point of beginning.
To Rezone From: C-4, Commercial, and CPD, Commercial Planned Development Districts,
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 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 CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "1274 KING AVENUE," and text titled, "COMMERCIAL PLANNED DEVELOPMENT," both signed by David L. Hodge, Attorney for the Applicant, dated October 7 November 3, 2005, and the text reading as follows:
Commercial Planned Development
Proposed District: CPD, Commercial Planned Development
Property Address: 1274 King Avenue
Owner: KRG Associates, Inc.
Applicant: KRG Associates, Inc.
Date of Text: October 7, November 3, 2005
Application Number: Z05- 011
1. Introduction: This site is comprised of three separate properties. The easternmost two properties are currently zoned CPD, Commercial Planned Development, and are developed with a used automobile sales lot and office. The western property is currently zoned C-4, Regional Scale Commercial, and is developed with a single-family residence. The applicant is proposing demolition of the existing structures on the properties and redevelopment with retail and restaurant space.
2. Permitted Uses:
The only permitted uses are those contained in Section 3356.03, C-4, Commercial District of the Columbus City Code, except the following:
a. Animal shelter
b. Armored car, investigation, guard and security services
c. Automotive sales, leasing and rental
d. Astrology, fortune telling and palm reading
e. Blood and organ banks
f. Billboards
g. Cabarets and nightclubs
h. Check cashing and loans
i. Community food pantry
j. Crematory
k. Display advertising
l. Drive-in motion picture theaters
m. Farm equipment and supply stores
n. Funeral homes and services
o. Garden, landscaping and nursery centers and sales
p. Halfway house
q. Hospitals
r. Lawn and garden equipment and supplies stores
s. Missions/temporary shelters
t. Motor vehicle accessories and parts dealers
u. Motorcycle, boat and other motor vehicle dealers
v. Outdoor power equipment stores
w. Pawn broker
x. Performing arts, spectator sports and related industries
x. Recreational vehicle dealers
y. Repossession services
z. Truck, utility trailer and RV sales, rental and leasing
aa. Warehouse clubs and super centers
3. Development Standards:
Unless otherwise indicated in the submitted written text, the applicable development standards shall be those contained in Chapter 3356, C-4, Commercial District of the Columbus City Code.
A. Density, Height, Lot Coverage, and Setback Requirements:
1. Parking setbacks shall be a minimum of 10 feet King Avenue and Northwest Boulevard.
2. Building setback shall be a minimum of 10 feet from King Avenue and Northwest Boulevard.
B. Parking standards, Access, and Traffic:
1. All circulation, curb cuts, and access points shall be subject to the review and approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open Space, and Screening requirements:
1. Parking lot screening shall consist of a 30 inch ledge along the west property line and 6 foot high board on board fence along the north property line.
2. All landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials within six months or the next available planting season, whichever occurs first. The size of new material shall equal the size of the original material when it was installed.
3. The minimum size of all trees at installation shall be 2 ½ inch caliper for deciduous, 5 feet in height for evergreen, and 1 ½ inch caliper for ornamental.
D. Building Design and/or Interior-Exterior treatment commitments.
Not applicable
E. Dumpsters, Lighting, Outdoor display areas and/or environmental commitments.
1. The maximum height of light poles shall be 18 feet.
F. Graphics and Signage requirements.
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the C-4, Commercial District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous commitments.
1. Prior to development, the rock pile located in the northwest corner of the property shall be removed.
2. Prior to development, any grave that currently exists on the property shall be removed. Said removal shall be in compliance with all local, state, and federal regulations and/or laws.
3. Prior to development, any gas or oil tank shall be removed. Said removal shall be in compliance with all local, state, and federal regulations.
34. CPD Criteria:
A. NATURAL ENVIRONMENT: This site is comprised of three separate properties. The two eastern properties are currently zoned CPD, Commercial Planned Development and are developed with a used automobile sales lot and office. The western property is zoned C-4, Regional Scale Commercial, and is developed with a single-family residence.
B. EXISTING LAND USES: The properties to the east, south, and west are all zoned C-4, Regional Scale Commercial. The property northwest of the site is zoned M, Manufacturing, and to the north is zoned ARLD, multi-family residential.
C. TRANSPORTATION AND CIRCULATION: The proposed access points are located at the southwest corner of the property and at the northeast corner of the property. Circulation, curb cuts, and access points are subject to the review and approval of the City's Division of Transportation.
D. VISUAL FORM OF THE ENVIRONMENT: This property is located in a truly mixed-use area with adjacent zoning classifications being commercial and the greater neighborhood consisting of zoning designations ranging from the intensity of M, Manufacturing to R-4, Residential.
E. VIEW AND VISIBILITY: In the development of the subject property and in the location of the buildings and access points, consideration will be given to the visibility and safety of the motorist and pedestrian.
F. PROPOSED DEVELOPMENT: Retail and restaurant.
G. EMISSIONS: No adverse effects from emissions shall result from the proposed development.
H. BEHAVIOR PATTERNS: The proposed development will not substantially change the behavior pattern at this property. The proposal removes existing buildings on the site, and increases the building setbacks from both King Avenue and Northwest Boulevard. Existing conditions in the neighborhood have established behavior patterns in the area.
2. Variances:
If the property develops with retail users only, the parking requirement will be 28 parking spaces and the property will be developed with 44 parking spaces. The southernmost tenant space may be used as restaurant space with seasonable outdoor dining available, in which case the parking requirement would increase to 55 spaces. The applicant is therefore requesting the grant of a variance to Columbus City Code Section 3342.08 to reduce the number of parking spaces to 44. The variance request for 11 parking spaces is supportable by this property, and the grant of the variance will not be a detriment to the neighborhood or surrounding properties. Peak restaurant hours differ from peak hours for the retail users and ten of the parking spaces are required due to the outdoor dining area which is seasonable and therefore useable only six to seven months out of the year. In addition, within close proximity to the site is adequate on-street parking located south of King Avenue along Northwest Boulevard, and west of Northwest Boulevard along the north side of King Avenue, due west of the proposed development. Lastly, this is a pedestrian oriented neighborhood, which lends itself to the walkup customer in turn reducing the parking demand.
The applicant is also requesting a variance to Columbus City Code Section 3356.11, C-4 district setback lines, to reduce the building setback to a minimum of 10'.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.