Explanation
Rezoning Application Z04-089
APPLICANT: Iron Pony Motorsports Group, Inc.; c/o Kyle J. Stroh, Atty., Metz & Bailey; 33 East Schrock Road; Westerville, OH 43081
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on January 13, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit continuation of the existing commercial development which is consistent with the zoning and land use patterns of the area. The 13.43± acre site is developed with an existing retail development that was built in the Blendon Township and has been zoned in the R, Rural District since it was annexed into the City in 1975. The applicant requests the CPD, Commercial Planned Development District to bring the existing development into conformance with zoning and to allow for future development.
Title
To rezone 54635436 WESTERVILLE ROAD (43081), being 13.43± acres located on the east side of Westerville Road, 299± feet north of Old Dublin Granville Road, From: R, Rural District, To: CPD, Commercial Planned Development District. (Rezoning # Z04-089)
Body
WHEREAS, application #Z04-089 is on file with the Building Services Division of the Department of Development requesting rezoning of 13.43± acres from the R, Rural District 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 continuation of the existing commercial development which is consistent with the zoning and land use patterns of the area and the 13.43± acre site is developed with an existing retail development that was built in the Blendon Township and has been zoned in the R, Rural District since it was annexed into the City in 1975. The applicant requests the CPD, Commercial Planned Development District to bring the existing development into conformance with zoning and to allow for future development.
, 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:
54635463 WESTERVILLE ROAD(43081), being 13.43± acres located on the east side of Westerville Road, 299± feet north of Old Dublin Granville Road, and being more particularly described as follows:
LEGAL DESCRIPTION
Situate in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2, Range 17, United States Military Lands and being part of the 52.633 acre tract conveyed to Casto Developers, by deed of record in Deed Book 3400, Page 360, 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 centerline of Columbus-Wooster Road (State Route 3), that is located North 9º 29', West 655.75 feet from the intersection of said road with the centerline of Dublin-Granville Road (State Route 161), said point also being the northwesterly center of the 0.382 acre tract conveyed to the State of Ohio by deed of record in Deed Book 3167, Page 176;
thence along said centerline of Columbus-Wooster Road, North 0º 29' West, 17.81 feet to a point of curvature of a curve to the right;
thence continuing along said centerline of Columbus-Wooster Road, being the arc of said curve, (Delta = 8º 36', Radius = 1910.08 feet) a chord bearing and distance of North 3º 49' East, 286.43 feet to the point of tangency;
thence continuing along said centerline of Columbus-Wooster Road, North 8º 07' East, 131.07 feet to a point;
thence South 89º 31' East, 815.53 feet to a point;
thence South 0º 29' West, 663.03 feet to a point in the southerly line of the Casto Developers 52.633 acre tract;
thence along said southerly line, South 83º 18' West, 281.69 feet to the northwesterly corner of the Joban Hellebrekers tract, of record in Deed Book 2766, Page 474;
thence along the westerly line of said Johan Hellebrekers tract, South 6º 42' East, 272.86 feet to the northeasterly corner of a 0.077 acre tract conveyed to The State of Ohio by deed of record in Deed Book 3128, Page 223;
thence along the northerly line of said 0.077 acre tract, being also the northerly right-of-way line of Dublin-Granville Road, South 83º 189' West, 75.00 feet to the northwesterly corner of said tract and being in the easterly line of the Fred and Edith J. Dickey tract, of record in Deed Book 1457, Page 152;
thence along said easterly line, North 6º 42' West, 272.86 feet to the northeasterly corner of said tract;
thence along a southerly line of Casto Developers 52.633 acre tract; South 83º 18' West, 443.31 feet to a point in the easterly right-of-way line of Columbus-Wooster Road;
thence along said easterly right-of-way line, North 0º 29' West, (being 50.0 feet easterly, as measured at right angles and parallel to the centerline of Columbus-Wooster Road), 330.30 feet to a point;
thence South 89º 31' West, 50.00 feet to the place of beginning containing 13.933 acres, more or less;
Together with all buildings and improvements located thereon and all easements pertinent thereto.
To Rezone From: R, Rural 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 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, "SITE PLAN" signed by Kyle Stroh, attorney for the Applicant, and dated January 27, 2005 and text titled, "CPD Text", signed by Kyle Stroh, attorney for the Applicant, and dated January 25, 2005, and the text reading as follows:
CPD Text
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 5436 Westerville Road, Columbus, Ohio 43081
OWNER: 5436 Westerville Road, LLC, c/o Don Jones
APPLICANT: Iron Pony Motorsports Group, Inc., c/o Chris Jones
DATE OF TEXT: January 25, 2005
APPLICATION NO.: Z04-089
1. INTRODUCTION:
Applicant seeks reclassification of the subject property from Residential to Commercial Planned Development District. Upon being annexed to the City of Columbus in the early 1970's, the subject property was zoned residential, but has been used for commercial purposes since the structure thereon was built in 1976. Initially the property was used for a K-mart store that went out of business in or about 2003. The current owner purchased the property in mid-March 2004. In mid-October 2004, applicant relocated its motorsports superstore from its prior location at 5685 Emporium Square, Columbus, Ohio 43231. The property is approximately 13 acres. The adjacent lot, Lot No. 600-148041 is a commercial community shopping center/strip center with which the subject property shares common parking facilities. The property is surrounded by uses consistent with Applicant's request for a CPD classification.
2. PERMITTED USES: The subject property shall be used in a manner consistent with the uses permitted in the C-1, C-2, C-3, C-4, or C-5 commercial districts, with the exception of the prohibited uses specifically set forth below. Regarding any primary or ancillary use relating to a motor vehicle repair shop or motor vehicle sales, service, maintenance or leasing, the subject property shall be limited to a maximum of ten (10) service bays.
The following uses are prohibited:
Business college
Cabaret
Dance hall
Electric substation
Funeral parlor
Hotel
Motel
Motor bus terminal
Motion picture theater
Nightclub
Off premises graphics
Poolroom
Private club
Public parking garage for pay
Public parking for pay
Testing or experimental laboratory
Trade school
Commercial radio transmitting or television station and appurtenances including cellular towers
3. DEVELOPMENT STANDARDS:
A. Density, Lot, and/or Setback Commitments.
Applicant does not intend to change the current density or lot coverage established by the current development. Set backs will be: zero feet (0') north property line; ninety feet (90') south property line; twenty-five feet (25') east property line; and sixty feet (60') (i.e. one-half the right-of-way) west property line.
Parking lot minimum set backs will be: zero feet (0') north property line; ninety feet (90') south property line; ten feet (10') east property line; and five feet (5') west property line.
Lot coverage will be as shown per site plan.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
· All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
· All new trees, if any, shall meet the following minimum size at the time of planting: Shade trees 2 1/2" caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is to be measured six (6) inches from the ground.
· Applicant shall not remove any buffering between the site and any adjacent site that currently exist.
· Applicant shall maintain all green space with grass, shrubs, trees and/or mulch. No green space will be left in natural state, except along south property line where the natural buffer along the ditch/stream will be left in its current state, which green space is set forth on the site plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
Applicant will not change the site configuration that currently exists.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
Lighting
· Applicant will not change any outdoor or other lighting that currently exists.
· All new external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type and color to insure compatibility and shall be no higher than the lighting that currently exists, which is thirty-one (31) feet high.
· All new external outdoor lighting fixtures to be used shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
· All new external outdoor lighting fixtures to be used shall not exceed .1 foot-candle along the property line of a residentially used or zoned property.
· Accent lighting shall be permitted provide such light source is concealed.
· Any wall-mounted lighting shall be shielded to prevent offsite spillage.
Outdoor Display Areas
· Any outdoor display area shall be limited to either of two locations, which are on either side of the main front entrance to the building.
· The outdoor display areas along the front of the building shall not exceed, six (6) feet in depth and a maximum of fifteen (15) feet in width.
· The maximum height for any outside storage area shall be six (6) feet.
· Any outdoor display area shall contain only those items normally and customarily sold by the retail business or businesses being operated on the subject property.
F. Graphics and/or Signage Commitments.
· All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
· Applicant agrees to make payment to the City's Recreation and Parks Department in conformance with the Parkland Dedication ordinance of $400 per acre at time zoning ordinance for subject property is approved by council, but before the effective date of said ordinance.
IV. CPD REQUIREMENTS
A. Natural Environment:
The site has already been developed. Existing healthy trees 2.5 inches or more in caliper, measured six (6) inches from the ground, and located within the parking setbacks shall be maintained.
B. Existing Land Use:
Currently the land use is an existing motorsports superstore with parking facility.
C. Transportation and Circulation:
The site is located along Westerville Road, which is a 4-2D arterial with two existing curb cuts along Westerville Road, and an additional access drive to old Dublin-Granville Road.
D. Visual form of Environment:
Applicant intends to maintain existing structure and landscaping. No new development will take place on the site.
E. View and Visibility
Applicant believes its continued presence in this location enhances the surrounding neighborhood and visual environment.
F. Proposed Development
G. Behavior Patterns
The new use generates less vehicular and pedestrian traffic than the previous Kmart store.
H. Emissions
The subject property is bordered by a strip mall to the north and public park to the east/rear. To the south, the subject property contains a buffer of trees between it and several other properties which front along Dublin-Granville Road. All of said properties, including properties to the west on the other side of Westerville Road are commercial uses consistent with the subject property. Odors/emissions will essentially be non-existent and comparable to the prior use.
The Subject Property shall be maintained in accordance with the site plan. At this time, Applicant does not contemplate any adjustment to the plan.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.