Explanation
Rezoning Application Z03-002
APPLICANT: Prospect Wango, LLC; c/o Fred J. Simon, Atty.; 75 East Wilson Bridge
Road; Worthington, Ohio 43085.
PROPOSED USE: Restaurant and gasoline sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on May 8, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the CPD, Commercial Planned Development District for the addition of gasoline sales in conjunction with the existing grocery store, and a third freestanding restaurant within the shopping center site. The proposed CPD text commits to customary use restrictions and development standards consistent with the established zoning and development patterns of the area.
Title
To rezone 2881 OLENTANGY RIVER ROAD (43202), being 12.29± acres located on the west side of Olentangy River Road, 580± feet north of Ackerman Road, From: C-4, Commercial District, To: CPD, Commercial Planned Development District. (Rezoning # Z03-002)
Body
WHEREAS, application #Z03-002 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.29± acres from C-4 Commercial 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 allow for the addition of gasoline sales in conjunction with the existing grocery store, and a third freestanding restaurant within the shopping center site. The proposed CPD text commits to customary use restrictions and development standards consistent with the established zoning and development patterns 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:
2881 OLENTANGY RIVER ROAD (43202), being 12.29± acres located on the west
side of Olentangy River Road, 580± feet north of Ackerman Road, and being more
particularly described as follows:
PARCEL 1
DESCRIPTION OF 11.592 ACRES OF LAND
NORTH OF ACKERMAN ROAD
WEST OF OLENTANGY RIVER ROAD
Situated in the State of Ohio, county of Franklin, City of Columbus, Section 3, Township 1, Range 18, United States Military Lands, being that 11.6 acres of land as described in Parcel 1 in deeds to University City, of record in Office Record Volume 8748 BO7, B13, B19, D03, D08 and H19 (all references to records being on file in the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at an iron pin found at the centerline intersection of original Ackerman Road and Olentangy river Road; Thence South 89°57'01" West, along the original centerline of said Ackerman Road, passing an iron pin found at 117.13 feet, passing a railroad spike found at the intersection of a service drive to the north at 257.23 feet, a total distance of 308.83 feet to a point; Thence North 00°02'59" West, along a line perpendicular to said centerline, a distance of 40.00 feet to an iron pin found in the northerly right-of-way line of said Ackerman Road, and being on the True Place of Beginning of the 11.592 acre tract here in described:
Thence South 89°57'01" West, along the northerly right-of-way line of said
Ackerman Road, a distance of 556.60 feet to an iron pin set to a point of curvature;
Thence along the arc of a curve to the right, having a radius of 20.00 feet, a central
angle of 90 degrees 07'32", a chord bearing of North 44 degrees 59' 13" West and
distance of 28.32 feet to a point of tangency in the easterly line of that 11.197
acre tract as described in a deed to Accuray Corp., of record in Deed Book 3769, Page 128;
Thence North 00°04'33" East, along the easterly line of said 11.197 acre tract, a distance of 762.87 feet to an iron pin found at the northeasterly corner of said 11.197 acre tract, at the southeasterly corner of that 5.589 acre tract as described in a deed to University Arms Limited Partnership, of record in Official Record Volume 08672 B01;
Thence North 07°04'52" West, along the easterly line of said 5.589 acre tract, a distance of 253.07 feet to an iron pin found in the southerly right-of-way line of Harley Drive, at the northeasterly corner of said 5.589 acre tract;
Thence North 89°56'33" East, along the southerly right-of-way line of said Harley Drive, a distance of 50.38 feet to an iron pin set at the northwesterly corner of that 0.459 acre tract as described in a deed to University City Terrace Co., of record in Deed Book 2643, Page 535;
Thence South 07°04'52" East, along the westerly line of said 0.459 acre tract, a distance of 210.00 feet to a point at the southwesterly corner of said 0.459 acre tract;
Thence, South 89°27'02: East, along the southerly line of said 0.459 acre tract, a distance of 86.00 feet to a point at the southeasterly corner of said 0.459 acre tract;
Thence North 01°15'53" East, along the easterly line of said 0.459 acre tract, a distance of 178.90 feet to an iron pin found in the southerly right-of-way line of Harley Drive, at the north-easterly corner of said 0.459 acre tract;
Thence along the southerly right-of-way line of said Harley Drive, along the arc of a non-tangent curse to the left, having a radius of 322.30 feet, a central angle of 22°52'21", an arc distance of 128.66 feet, a chord bearing South 76°08'41" East a distance of 127.81 feet to an iron pin set at the northwesterly corner of that 0.623 acre tract as described in a deed to Ohio National Bank of Columbus, of record in Deed Book 2289, Page 421;
Thence South 20°18'54" East , along the westerly line of said 0.623 acre tract, a distance of 200.79 feet to an iron pin found at the southwesterly corner of said 0.623 acre tract;
Thence North 79°28'55" East, along the southerly line of said .623 acre tract, a distance of 142.24 feet to an iron pin set at the southeasterly corner of said 0.623 acre tract, in the westerly line of that 0.6262 acre tract as described in Parcel III, in a deed to University City;
Thence South 20°21'30" East, along the westerly line of said 0.6262 acre tract, a distance of 471.18 feet to an iron pin set at a point of curvature;
Thence continuing along the westerly line of said 0.6262 acre tract, along the arc of a
curve to the right, having a radius of 100.00 feet, a central angle of 55°45'35", an arc
distance of 97.32 feet to an iron pin set at a point of reverse curvature in the westerly
of that 0.231 acre tract as described in Parcel 7 in a deed to University City, of record
in Official Record Volume 25199 H09, said arc being subtended by a chord bearing
South 07°31'18.5" West, a chord distance of 93.52 feet;
Thence continuing along the westerly line of said 0.231 acre tract, along the arc of a curve to the left having a radius of 166.14 feet, a central angle of 41°29'38", an arc distance of 120.32 feet to an iron pin set at a point of tangency, said arc being subtended by a chord bearing South 14°39'16" West, a chord distance of
117.71 feet;
Thence South 06°05'33" West, continuing along the westerly line of said 0.231 acre tract, along the westerly line of a service drive as delineated on the plat "DEDICATION OF OLENTANGY RIVER ROAD, STINCHCOMB DRIVE, STADIUM DRIVE, HARLEY DRIVE, ACKERMAN ROAD AND UTILITY EASEMENTS" of record in Plat Book 33, Page 52, a distance of 140.62 feet to an iron pin set at a point of curvature;
Thence along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 96°02'34", an arc distance of 33.53 feet to the True Place of Beginning and containing 11.592 acres of land, said arc being subtended by a chord bearing South 41°55'44" West, a chord distance of 29.74 feet.
The bearing meridian for this description if based on a bearing of North 20°21'30" West, along the centerline of Olentangy River Road as delineated on the plat "DEDICATION OF OLENTANGY RIVER ROAD, STINCHCOMB DRIVE, STADIUM DRIVE, HARLEY DRIVE, ACKERMAN ROAD AND UTILITY EASEMENTS" of record in Plot Book 33, Page 52.
PARCEL 4
DESCRIPTION OF 0.610 ACRE OF LAND
NORTH OF ACKERMAN ROAD
WEST OF OLENTANGY RIVER ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 3, Township 1, range 18, United States Military Lands, being that 0.6262 acre of land as described in Parcel III in a deed to University City, of record in Official Record Volume 25199 G20 (all references to records being on file in the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at an iron pin found at the centerline intersection of original Ackerman Road and existing Olentangy River Road; Thence North 20'21'30" West, along the existing centerline of said Olentangy River Road, a distance of 447.74 feet to a point; Thence South 69°38'30" West, along a line perpendicular to said centerline, a distance of 53.50 feet to an iron pin set in the westerly right-of-way line of said Olentangy River Road in the easterly line of said 0.6262 acre tract, and being the True Place of Beginning of the tract here in described:
Thence along the arc of a curve to the right, having a radius of 30.00 feet, a central angle of 81°16'36", an arc distance of 42.56 feet to a point of reverse curvature in the northerly line of that 0.231 acre tract as described in Parcel 7 in a deed to University City, of record in Official Record Volume 25199 HO9, said arc being subtended by a chord bearing South 20°16'48" West, a chord distance of 39.08 feet;
Thence along the southerly line of said 0.6262 acre tract, along the northerly line of said 0.231 acre tract, along the arc of a curve to the left, having a radius of 166.14 feet, a central angle of 25°31'00", an arc distance of 73.99 feet to a point at the westerly corner of said 0.6262 acre tract, in the easterly line of that 11.6 acres of land as described in Parcel I in deeds to University City, of record in Official Record Volume 8748 B07, B13, B19, D03, and D08, said arc being subtended by a chord bearing South 48°09'35" West, a chord distance of 73.38 feet;
Thence along the westerly line of said 0.6262 acre tract, the easterly line of said 11.6 acre tract, along the arc of a non-tangent curve to the left, having a radius of 100.00 feet, a central angle of 55°45'35", an arc distance of 97.32 feet to a point of tangency, said arc being subtended by a chord bearing North of 07'31'18.5" East, a chord distance of 93.52 feet;
Thence North 20°21'30" West, along the easterly line of said 11.6 acre tract, the westerly line of said 0.6262 acre tract, a distance of 471.18 feet to an iron pin set at a point at the northwesterly corner of said 0.6262 acre tract, at the southwesterly corner of that 0.2349 acre tract as described in Parcel V in a deed to University City, of record in Official Record Volume 25199 G20;
Thence North 79°28'55" East, along the northerly line of said 0.6262 acre tract, along the southerly line of said 0.2349 acre tract, a distance of 50.75 feet to a point at the northeasterly corner of said 0.6262 acre tract, at the southeasterly corner of said 0.2349 acre tract, in the westerly right-of-way line of Olentangy River Road.
Thence South 20°21'30" East, along the easterly line of said 0.6262 acre tract, along the westerly right-of-way line of Olentangy River Road, a distance of 488.65 feet to the True Place of Beginning and containing 0.610 acre of land.
The bearing meridian for this description is based on a bearing of North 20°21'30" West, along the centerline of Olentangy River Road as delineated on the plat "DEDICATION OF OLENTANGY RIVER ROAD, STINCHCOMB DRIVE, STADIUM DRIVE, HARLEY DRIVE, ACKERMAN ROAD AND UTILITY EASEMENTS" of records in Plat Book 33, Page 52.
DESCRIPTION OF 0.084 ACRE TRACT
WEST OF OLENTANGY RIVER ROAD
SOUTH OF HARLEY DRIVE
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Section 3, Township 1, Range 18, United States Military Lands, being part of Dedication of Olentangy River Road, Stinchcomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements (PB 33, Pg 52) as conveyed to University City as recorded in ORV 8748 B07 (all references refer to records in the Franklin County Recorder's Office, Ohio) and being more fully described as follows:
Beginning at an existing iron pin in the southerly line of Harley Drive (60 feet wide) at a northeasterly corner of said parcel 1 and the northwesterly corner of the 0.459 acre tract conveyed to University City Terrace Company (DB 2643, Pg 535);
Thence South 7°04'52" East a distance of 183.77 feet, along the westerly property line of said 0.459 acre tract, to a PK nail set;
Thence North 89°19'30" West a distance of 20.18 feet to a PK nail set;
Thence North 7°04'52" West a distance of 183.51 feet to a PK nail set in the southerly line of Harley Drive;
Thence North 89°56'33" East a distance of 20.15 feet to the Point of Beginning containing 0.084 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2000.
The bearing meridian for this description is based on a bearing of North 20°21'30" West, along the centerline of Olentangy River Road as delineated on the plat "Dedication of Olentangy River Road, Stinchcomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements" of record in Plat Book 33, Page 52.
To Rezone From: C-4 Commercial 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 plans being titled, "PROPOSED MCDONALD'S RESTAURANT SITE PLAN C-1", "PROPOSED MCDONALD'S RESTAURANT SITE PLAN C-1A", "LANDSCAPE PLAN L-1", and "LANDSCAPE PLAN L-1A", all signed by Fred Simon, Attorney for the Applicant, and dated July 1, 2003, and text titled, "DEVELOPMENT PLAN", signed by Fred Simon, Attorney for the Applicant, and dated June 29, 2003, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT
DEVELOPMENT PLAN
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 2881 Olentangy River Road
OWNER: Prospect Wango, LLC
APPLICANT: Prospect Wango, LLC
DATE OF TEXT: 6-29-03
APPLICATION NUMBER: Z03-002
INTRODUCTION: The subject property (Property) consists of 12.29 acres located on west side of Olentangy River between Old Ackerman Road and Harley Drive and is improved with a 116,131 square foot building housing a shopping center with a Kroger Store and other tenants, a free standing Applebee's restaurant and a free standing McDonald's Restaurant.
Applicant desires to rezone the Property from C-4-Commercial District to CPD-Planned Commercial District. There would be no change to the shopping center or the Applebee's restaurant.
Operation of the existing McDonald's restaurant would close and relocate to a new building to be constructed on the Property.
The existing McDonald's building would be occupied by a Skyline Chili restaurant.
A new gasoline station to be operated by Kroger's would be constructed on the Property consisting of a kiosk and four (4) pump islands serving eight (8) stalls.
2. PERMITTED USES: Those permitted under Section 3356.03 C-4 Commercial District of the Columbus City Code plus gasoline sales and restaurants with drive thru windows.
The following shall be excluded uses:
a. Armory
b. Billboards
c. Dance hall
d. Electric substation
e. Funeral parlor
f. Millinery
g. Motor bus terminal
h. Night club/cabaret
i. Poultry killing (not to exclude a poultry shop where killing is not performed on site)
j. Tinsmith
k. Trade school
l. Stable
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4 Commercial District
A. Density, Height, Lot, and/or Setback commitments.
1. The Property shall be developed in general accordance with the site plan which is attached hereto as Exhibit "A". The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. Height District shall be 35 feet as measured per Columbus City Code.
3. Parking set back shall be as set forth on the site plan
B. Access, Loading, Parking, and/or other traffic related commitments.
All curb cuts and access points shall be subject to the approval of the City's Division of Transportation.
C. Buffering, Landscaping, Open Space and/or Screening commitments.
Buffering, landscaping, open space and/or screening shall be as set forth on the site and landscape plans.
D. Building design and/or Interior-Exterior treatment commitments. N/A
E. Dumpsters, Lighting, Outdoor display Areas, and/or other environmental Commitments.
Lighting: Canopy lighting for the gasoline sales area shall be recessed.
F.Graphics and/or signage commitments.
All new signage shall conform to the Graphics Code, Article 15, Title 33, of the Columbus City Code as it applies to the C-4 Commercial District. Any graphics plan as well as any variance to the sign requirements shall be submitted to the Columbus Graphic Commission.
G. Miscellaneous CPD Commitments.
1. Natural Environment: The natural environment of this sit is flat.
2. Existing Land Use: The Property is improved with a 116,131 square foot building housing a shopping center with a Kroger Store and other tenants, a free standing Applebee's restaurant and a free standing McDonald's Restaurant.
3. Circulation: Access to and from the Property will be from Old Ackerman Road, Olentangy River Road and Harley Drive.
4. Visual Form of the Environment: The Property is located on the west side of Olentangy River Road between Old Ackerman Road and Harley Drive. To the south is a motel and apartment buildings; to the west an office building; to the north a motel and a transient apartment building; to the east Union Cemetery and a gasoline station.
5. Visibility: The Property fronts on Old Ackerman Road, Olentangy River Road and Harley Drive and is visible from all three frontages.
6. Proposed Development: The Applicant will continue with the existing uses in the shopping center, add a building for a relocated McDonald's restaurant, an addition of gasoline pumps and a new restaurant, Skyline Chili, to occupy the existing McDonald's restaurant building.
7. Behavior Patterns: Vehicular access will be the principle means of access through curb cuts approved by the City of Columbus, Division of Transportation.
8. Emissions: Development of this Property will conform to the City of Columbus requirements as further controlled by the development standards of this development text for light levels, sounds and dust. There will be no objectionable emission.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.