Explanation
Rezoning Application Z11-010
APPLICANT: Kinnear Road Redevelopment LLC; c/o David B. Perry, The David Perry Co.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald Plank, Atty.; Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Limited industrial and multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on May 12, 2011.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.77± acre site is developed with an office building zoned L-M, Limited Manufacturing District, and a vacant industrial complex recently annexed from Clinton Township. The applicant requests the L-M, Limited Manufacturing District to remove buffering requirements for the existing L-M District which will be reduced in size from 3.38 acres to 1.19 acres. The remainder of the site is proposed for multi-unit residential development in the AR-2, Apartment Residential District. The limitation text carries over current use restrictions, and the buffering changes are supported because the L-M District will no longer border the single-unit dwellings in Clinton Township. The requested L-M, Limited Manufacturing and AR-2, Apartment Residential Districts provide a transition from the commercial uses to the east and the single-unit residential development to the west. The request is compatible with development in the area.
Title
To rezone 813 KINNEAR ROAD (43212), being 5.77± acres located on the south side of Kinnear Road, 120± feet east of Rhonda Avenue, From: L-M, Limited Manufacturing and R, Rural Districts, To: L-M, Limited Manufacturing, and AR-2, Apartment Residential Districts and to declare an emergency (Rezoning # Z11-010).
Body
WHEREAS, application #Z11-010 is on file with the Department of Building and Zoning Services requesting rezoning of 5.77± acres from L-M, Limited Commercial District, to L-M, Limited Manufacturing, and AR-2, Apartment Residential Districts; 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-M, Limited Manufacturing and AR-2, Apartment Residential Districts provide a transition from the commercial uses to the east and the single-unit residential development to the west. The request is compatible with development in the area, and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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:
813 KINNEAR ROAD (43212), being 5.77± acres located on the south side of Kinnear Road, 120± feet east of Rhonda Avenue, and being more particularly described as follows:
Subarea A
L-M
1.19 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 1, Township 1, Range 18 of the United States Military Lands, being part of the 3.749 acre tract conveyed to Nittany Lions, Ltd. by deed of record in Instrument Number 200109280223365 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the intersection of the centerline of Kinnear Road (width varies) with the westerly right-of-way line of CSX Transportation, Inc. railroad (100 feet wide)(formerly the Chesapeake and Ohio Railroad);
thence North 86° 14' 46" West, with the centerline of Kinnear Road, a distance of 342.03 feet, to a point;
thence South 11° 28' 43" East, across the right of way of Kinnear Road, a distance of 31.09 feet to a point in the southerly right-of way line of Kinnear Road;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 60.00 feet, to a point;
thence South 03° 45' 14" West, with an easterly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 20.00 feet, to a point;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 29.68 feet to the TRUE POINT OF BEGINNING;
thence South 86° 14' 46" East, continuing with said northerly line and said southerly right-of-way line, a distance of 257.80 feet, to a northeasterly corner of said 3.749 acre tract;
thence South 11° 28' 59" East, with the easterly line of said 3.749 acre tract, a distance of 153.34 feet, to a point;
thence across said 3.749 acre tract, the following courses and distances:
South 78° 29' 41" West, a distance of 230.84 feet, to a point;
North 11°30'28" West, a distance of 18.00 feet to a point;
South 78°29'32" West, a distance of 64.51 feet to a point on the arc of a curve to the right;
with the arc of said curve to the right, having a central angle of 02° 09' 56", a radius of 278.62 feet, an arc length of 10.53 feet, a chord bearing and distance of North 14° 53' 37" West, 10.53 feet, to a point of compound curvature;
with the arc of said curve to the right, having a central angle of 17° 42' 53", a radius of 117.67 feet, an arc length of 36.38 feet, a chord bearing and distance of North 04° 57' 12" West, 36.24 feet, to a point of tangency;
North 03° 54' 14" East, a distance of 162.52 feet, to the TRUE POINT OF BEGINNING, and containing 1.19 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: L-M, Limited Manufacturing District
To: L- M, Limited Manufacturing District
Subarea B
AR-2
4.58 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 1, Township 1, Range 18 of the United States Military Lands, being part of the 3.749 acre tract conveyed to Nittany Lions, Ltd. by deed of record in Instrument Number 200109280223365, and all of the 2.390 acre tract conveyed to Julia E. Pfeifer by deed of record in Official Record 21456D13 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the intersection of the centerline of Kinnear Road (width varies) with the westerly right-of-way line of CSX Transportation, Inc. railroad (100 feet wide)(formerly the Chesapeake and Ohio Railroad);
thence North 86° 14' 46" West, with the centerline of Kinnear Road, a distance of 342.03 feet, to a point;
thence South 11° 28' 43" East, across the right of way of Kinnear Road, a distance of 31.09 feet to a point in the southerly right-of way line of Kinnear Road, being the TRUE POINT OF BEGINNING;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 60.00 feet, to a point;
thence South 03° 45' 14" West, with an easterly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 20.00 feet, to a point;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 29.68 feet to a point;
thence across said 3.749 acre tract, the following courses and distances:
South 03° 54' 14" West, a distance of 162.52 feet, to a point of curvature to the left;
with the arc of said curve to the left, having a central angle of 17° 42' 53", a radius of 117.67 feet, an arc length of 36.38 feet, a chord bearing and distance of South 04° 57' 12" East, 36.24 feet, to a point of compound curvature;
with the arc of said curve to the left, having a central angle of 02° 09' 56", a radius of 278.62 feet, an arc length of 10.53 feet, a chord bearing and distance of South 14° 53' 37" East, 10.53 feet, to a point;
North 78° 29' 32" East, a distance of 64.51 feet, to a point in the easterly line of said 3.749 acre tract;
South 11°30'28" East, a distance of 18.00 feet to a point;
North 78°29'41" East, a distance of 230.84 feet to a point;
thence South 11° 28' 59" East, with said easterly line, a distance of 244.68 feet, to a point at a southeasterly corner of said 3.749 acre tract and a northeasterly corner of said 2.390 acre tract;
thence South 11° 29' 01" East, with the easterly line of said 2.390 acre tract, the northeasterly line of that tract conveyed to CSX Transportation, Inc. by deed of record in Official Record 13283G13, a distance of 378.91 feet, to a point at a northeasterly corner of that 7.814 acre tract conveyed to Rail Products International Inc. by deed of record in Official Record 28634E15;
thence South 78° 30' 59" West, with the northerly line of said 7.814 acre tract and a northerly line of that 1.648 acre tract conveyed to Rail Products International Inc. by deed of record in Official Record 28450G12, a distance of 260.10 feet, to a point;
thence North 11° 29' 27" West, with an easterly line of said 1.648 acre tract, a distance of 299.11 feet, to a northeasterly corner thereof;
thence South 79° 04' 26" West, with a northerly line of said 1.648 acre tract, a distance of 69.80 feet, to a point in the easterly line of "University View Subdivision No. Two" of record in Plat Book 21, Page 10;
thence North 11° 29' 27" West, with the easterly line of said "University View Subdivision No. Two", a distance of 587.76 feet, to the TRUE POINT OF BEGINNING, and containing 4.58 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: L-M, Limited Manufacturing, and R, Rural Districts
To: AR-2, Apartment Residential
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-M, Limited Manufacturing, and AR-2, Apartment Residential Districts 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 AR-2 Apartment Residenrial District and L-M, Limited Manufacturing District and Application among the records of the of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said text being titled, "L-M, LIMITED MANUFACTURING DISTRICT," signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant and Property Owners, dated June 7, 2011, and the text reading as follows:
L-M, Limited Manufacturing District
813 Kinnear Road,
Columbus, OH 43212
PROPOSED DISTRICT: L-M, Limited Manufacturing District
EXISTING DISTRICT: L-M, Limited Manufacturing (Z03-099)
ACRES: 1.19 +/- acres
PROPERTY ADDRESS: 813 Kinnear Road Columbus, OH 43212
OWNER(S): Nittany Lions LTD c/o Donald Plank, Plank Law Firm; 145 East Rich Street, 3rd Flr.; Columbus, OH 43215
APPLICANT: Kinnear Road Redevelopment LLC c/o Dave Perry, David Perry Co., Inc.; 145 East Rich
Street, 3rd Flr.; Columbus, OH 43215; and Donald Plank, Plank Law Firm; 145 East Rich Street, 3rd Flr.; Columbus, OH 43215
DATE OF TEXT: June 7, 2011
APPLICATION NUMBER: Z11-010
INTRODUCTION: The subject property is located south of Kinnear Road, east of Rhoda Avenue and west of Lennox Town Center. The property (3.75 +/- acres) was rezoned in 2004 after annexation from Clinton Township (LI, Limited Industrial District) as a comparable zoning (Z03-099, Ordinance 1283-2004, passed July 19, 2004) to the City of Columbus L-M, Limited Manufacturing District. In conjunction with the current rezoning request to rezone from L-M to L-M, applicant is rezoning 4.58 +/- acres to the AR-2, Apartment Residential District, including part of the L-M area established by Ordinance 1283-2004, which, with Kinnear Road right of way dedication in 2004, results in the net area of the L-M district being 1.19 +/- acres. The L-M area is being rezoned to remove a provision of the current L-M text (Section 2. Development Standards, C. Buffering, Landscaping, Open Space and/or Screening Requirements, Sub-paragraph 2), which requires certain buffer requirements where adjacent to residential uses. At the time of the Z03-099 rezoning, the only adjacency of the site to residential uses was along the west property line of 807 Kinnear Road (PID: 420-268862). In conjunction with this application, applicant also proposes to rezone a portion of the L-M, including where presently contiguous to Clinton Township residential uses west of the current west property line of 807 Kinnear Road to the AR-2, Apartment Residential District. The intent of the buffer language was to buffer the Clinton Township residential uses, which will no longer be applicable to the L-M, 1.19 +/- acre area.
1. PERMITTED USES: Those uses permitted in C.C. 3363.01, Manufacturing Districts, C.C. 3363.02 through 3363.08, Warehouse, storage and sales establishment - Less Objectionable Uses, and 3363.175, Telecommunications Antennas. Telecommunication antennas shall be restricted to the southeast quadrant of the site. The following uses are prohibited: Adult entertainment establishment; Adult Store; Automobile and Light Truck Dealers; Automotive Sales, Leasing and Rental; Bars, Cabarets and Nightclubs; Blood and Organ Banks; Check Cashing and Loans; Community Food Pantry; Missions/Temporary Shelters; Motorcycle, Boat and Other Motor Vehicle Dealers; Motor Vehicle Accessories and Parts Dealers; Outdoor Power Equipment Sales; Pawn Brokers; Recreational Vehicle Dealers; Truck, Utility Trailer and RV (Recreational Vehicle) Sales, Rental and Leasing; Warehouse Clubs and Super Centers; Drive-in Motion Picture Theaters; Farm Equipment and Supply Stores; Garden, Landscaping and Nursery Centers and Sales; Hospitals; Lawn and Garden Equipment and Supplies Stores; Performing Arts, Spectator Sports and Related Industries; Animal Shelter; Halfway House; Veterinarians (Unlimited practice); Coin-operated Laundries; Repossession Services; Display Advertising; Armored Car, Investigation Guard and Security Services; Astrology, Fortune Telling and Palm Reading; Butcher Shops, Fish, Meat and Seafood Markets (Unlimited size); Parking Garages; Crematory.
2. DEVELOPMENT STANDARDS: Unless otherwise indicated, the applicable development standards are contained in Chapter 3363, M, Manufacturing District of the Columbus City Code.
A. Density, Lot and/or Setback Commitments. N/A
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 Franklin County Engineer and/or the City of Columbus Public Service Department, as applicable.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
Landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced at the next planting season or within six (6) months.
D. Building Interior-Exterior Commitments. N/A
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments. N/A
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, as it applies to the M, Manufacturing District and any variance to those requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
Existing conditions are recognized as legal and non-conforming to the extent that they do not meet the standards set forth in Chapters 3363, 3312 and 3321, inclusive, of the Columbus City Code.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.