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AN ORDINANCE GRANTING A VARIANCE AS TO THE PERMITTED USES IN THE ESTABLISHED ZONING DISTRICT AND AN AREA VARIANCE FOR THE EAST BUFFER YARD FOR THE PROPERTY LOCATED AT 6031 GROVEPORT ROAD, PARCEL NO. 185-000916, CURRENTLY ZONED COMMUNITY COMMERCIAL (CC), AUTOZONE DEVELOPMENT, LLC, APPLICANT.
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WHEREAS, Applicant, AutoZone Development, LLC (“Applicant”) and Groveport Square LTD, the owner of the Groveport Plaza property (identified on Exhibit C), including the subject parcel (“Owner”) filed an application for a Use Variance and companion area variance on December 6, 2024 in Case No. Z-2024-0181 (“Application” attached as Exhibit D) and the Owner’s representative and legal counsel appeared at the hearings on the Application before Council and the Planning and Zoning Commission; and
WHEREAS, pursuant to Section 1137.03(a)(1) of the City of Groveport Zoning Ordinance, Council may grant a variance to the permitted uses in an established zoning district for any parcel located in the City of Groveport, and pursuant to 1137.03(a)(2), may also grant area variances in conjunction with any use variance approved by Council; and
WHEREAS, pursuant to Section 4.11 of the City of Groveport Charter, Council must refer any Ordinance establishing, amending, revising or changing any zoning uses or regulations to Planning and Zoning Commission for its recommendation back to City Council concerning the merits of the zoning measure; and
WHEREAS, Council referred its proposed ordinance amending the zoning uses for a property in the Community Commercial District (CC) to Planning and Zoning Commission for its review and recommendation to Council; and
WHEREAS, the Planning and Zoning Commission has recommended that City Council approve the proposed use variance in the Community Commercial District (CC) to allow retail sales-vehicle parts and a companion area variance to the required buffer on the east side of the property located at 6031 Groveport Road, Parcel No. 185-000916 with 12 conditions and the Applicant and Owner have agreed to all of the proposed conditions on the Property and Groveport Plaza.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1: That applicant, AutoZone, is granted a variance to the permitted uses for the Property located at 6031 Groveport Road, Parcel No. 185-000916, zoned Community Commercial (CC), pursuant to Section 1137.03(a)(1) of the City of Groveport Zoning Ordinance to permit the property to be used for retail sales-vehicle parts, and is also granted an area variance pursuant to Section 1137.03(a)(2) of the City of Groveport Zoning Ordinance, to allow the required east buffer yard, of the property to be located inside the property line provided that the following conditions recommended by the Planning and Zoning Commission and hereby adopted by Council are satisfied:
1. Site Redevelopment: Construction of the proposed building for retail sales-vehicle parts use and site redevelopment at on the Property 6301 Groveport Road shall not begin until the Site Re-Development Plan is approved by the Engineering Department, including meeting all conditions associated with that approval.
2. Construction: Construction shall not begin on the Property until Zoning compliance approval is granted by the Building and Zoning Department.
3. New Fencing: The Owner shall install and maintain in good condition new fencing, in accordance with all applicable design standards and the Groveport Zoning Code, on the east side of the Property where no fencing currently exists. The new fencing shall substantially conform to the design attached hereto as Exhibit A.
4. Groveport Plaza Parking Improvements: The Owner shall explore improvements with the City, in good faith, to the Groveport Plaza parking lot entrance from Groveport Road on the Adjacent Property, immediately northwest of the Property. The Parties hereby acknowledge that any improvements contemplated by this Paragraph will require approval from tenants of Groveport Plaza on the Property and Adjacent Property, and the ability to make any improvements will be subject to those tenant approvals and reasonable design and construction costs. Groveport Plaza Map is attached as Exhibit C. The Owner shall work cooperatively, and in good faith, with such tenants to acquire such approval.
5. Architectural Plans: The Owner will work cooperatively with the Applicant to construct a building substantially similar to the elevations depicted in the building elevations dated May 7, 2025 for AutoZone Store #9262, attached hereto as Exhibit B, utilizing the material and color palette, as close as reasonably possible, to what is included in Exhibit B. Final construction drawings and the building construction shall be subject to minor adjustment as reasonably required based on final architectural, engineering, or permitting reasons as reasonably approved by the City. In the event of such minor adjustments, the building’s exterior aesthetics shall remain substantially similar to those included in Exhibit B.
6. Broker Open House: Within three (3) months after the building permit is issued in connection with improving the Property consistent with the Application (the “Building Permit”), the Owner will host at least one (1) open house-style event in an effort to secure new tenancy in the Groveport Plaza.
7. Vacancy Incentives: Following the commencement of construction of the Property consistent with the Building Permit, the Owner shall offer cash incentives to commercial real estate brokerage entities, in accordance with applicable laws and regulations, regarding new tenants renting any vacancies that are vacant within Groveport Plaza as of the Approval Date. The Parties hereby acknowledge that any cash incentives and/or other promotions made under this Paragraph of the Agreement are under the sole discretion of the Owner but shall be made in good faith and on commercially reasonable terms in order to promote increased tenancy in the Groveport Plaza.
8. Marketing Updates: The Parties hereby agree to work cooperatively to schedule regularly scheduled, but in no event less than monthly, phone calls between the appropriate representatives of Owner and Groveport, as determined by each Party, to discuss leasing efforts and leasing progress regarding any current vacancies or pending vacancies in the Groveport Plaza until such time that the Groveport Plaza is fully leased or the Owner and the City agree otherwise.
9. Letter of Intent: Within six (6) months after the Building Permit is issued, the Owner shall use commercially reasonable efforts, to obtain a letter of intent from a prospective tenant for at least one (1) of the current vacant spaces in the Groveport Plaza as of the Approval Date. City and the Owner acknowledge and agree that an ideal prospective tenant for such vacancy includes uses such as a restaurant, a home décor or soft goods store, or any other expressly or conditionally permitted use in accordance with the Groveport Zoning Code.
10. Community Support: Within one (1) year after the Building Permit is issued, the Owner has agreed that it will:
A. Make a financial contribution to at least three (3) Groveport community events. By way of example, such community events may include Apple Butter Day, KidsFest, Groveport’s Fourth of July celebration, or other similar events hosted by Groveport. The financial contribution shall be made in good faith, the amount of which is at the sole discretion of Owner.
B. Ensure that multiple representatives from Owner will attend at least two (2) separate in-person volunteer times at the Groveport Food Pantry.
11. Community Engagement Meetings: Within sixty (60) days following Groveport City Council’s approval of the Application, Owner will host one (1) or more community engagement meetings at Groveport Plaza. The purpose of the community engagement meetings will be to welcome the Groveport community into the Groveport Plaza shopping center to provide input and ideas for the lease-up of the existing vacancy, while at the same time providing an opportunity for the Owner team to answer the Groveport community’s questions about the Groveport Plaza shopping center.
12. Area Variance: To allow the 20-foot buffer yard along the eastern edge of the Property to be located well inside the eastern property line as shown on the site plan submitted to the City with the variance application.
Section 2: That in granting this variance, this Council has determined that said variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Groveport.
Section 3: That this Ordinance shall take effect and be in full force from and after the earliest period allowed by law.
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Lance Westcamp, Mayor
_____________________________
Mindy Kay
Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director
Recommended Action
Sponsor: Council Member Hilbert
This Ordinance was referred to the Planning & Zoning Commission
The Planning & Zoning Commission recommended approval be denied
This Ordinance was read by title
This Ordinance was postponed for public hearing and third reading on April 14th, 2025
This Ordinance was postponed for third reading on April 28th, 2025
This Ordinance was postponed for third reading on May 12th, 2025
This Ordinance was referred back to the Planning & Zoning Commission on May 12th, 2025
The Planning & Zoning Commission recommended approval with conditions on June 2nd, 2025