Explanation
Rezoning Application: Z22-074
APPLICANT: SkilkenGold Development, LLC; c/o Emily Wheeler; 4270 Morse Road; Columbus, OH 43230.
PROPOSED USE: Fuel sales, convenience store, and eating and drinking establishment.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-2) on December 8, 2022.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The site consists of one parcel developed with a former eating and drinking establishment in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District would allow the site to be redeveloped with a fuel sales facility, including an eating and drinking establishment, convenience store with drive-in window service, and minimal outdoor display sales. The development text permits most C-4 and C-5 uses, commits to a site plan, and includes development standards addressing setbacks, site access, landscaping, building design, lighting, and graphics provision. This site is within the planning boundaries of the Far North Area Plan (2014), which recommends “Employment Center” land uses at this location, which supports uses such as office, warehouse, or light industrial. The Planning Division is not supportive of this proposal as it is inconsistent with the Plan's recommendation. Although Planning Division staff notes that the use will provide 35-50 jobs and serve as an amenity to other employment center uses, staff do not support the use as it represents an expansion of existing amenities and is inconsistent with the “Employment Center” goals of optimizing job creation in new developments. Staff would reconsider support if the use were part of a larger proposal that includes office or light industrial as the primary user. Planning Division staff also encourages parking being hidden to the greatest extent possible, consistent with Plan's design guidelines.
Title
To rezone 161 E. CAMPUS VIEW BLVD. (43235), being 2.01± acres located at the southeast corner of East Campus View Boulevard and High Cross Boulevard, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z22-074).
Body
WHEREAS, application #Z22-074 is on file with the Department of Building and Zoning Services requesting rezoning of 2.01± acres from CPD, Commercial Planned Development District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because the requested CPD, Commercial Planned Development District proposes fuel sales and convenience retail as the predominant uses of the property, which is inconsistent with the “Employment Center” recommendation of the Far North Area Plan. Staff would reconsider support if the request was part of a larger proposal that includes office or light industrial as the primary user; 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 #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
161 E. CAMPUS VIEW BLVD. (43235), being 2.01± acres located at the southeast corner of East Campus View Boulevard and High Cross Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarte Township 2, Township 2 North, Range 18 West, United States Military Lands, and being a portion of a 2.005 acre tract of land conveyed to George Crimson, LLC, by deeds of record in Instrument No. 201611140156537 and Instrument No. 201611140156538 all references being to the Recorder’s Office, Franklin County, Ohio and being described as follows:
Beginning, for reference, at a point at the centerline intersection of Campus View Boulevard (80 feet in width), as shown upon the re-recorded plat of Crosswoods Center Section Two, of record in Plat Book 84, Page 99, and High Cross Boulevard (80 feet in width), as shown upon the plat of High Cross Boulevard - Dimension Drive, of record in Plat Book 83, Page 97;
thence S 01⁰ 53’ 32” E along the centerline of High Cross Boulevard a distance of 74.72 feet to a point;
thence N 88⁰ 06’ 26” E a distance of 40.00 feet to a point in the easterly right-of-way line of High Cross Boulevard, at a corner of said 2.005 acre tract, at the south end of a curve connecting the easterly right-of- way line of High Cross Boulevard with the south right-of-way line of Campus View Boulevard, and at the true place of beginning for the tract herein intended to be described;
thence northerly along a portion of a curved westerly line of said 2.005 acre tract, along a portion of said connecting curve and with a curve to the right, data of which is: radius = 40.00 feet, and delta = 09⁰ 49’ 13”, arc length = 6.86 feet, a chord distance of 6.85 feet bearing N 03⁰ 01’ 05” E to a point at the south end of a 0.003 acre tract of land conveyed, as Parcel 5-WD, to the City of Columbus, Ohio, by deed of record in Instrument No. 201702160023059;
thence N 29⁰ 39’ 42” E crossing said 2.005 acre tract and along the easterly line of said 0.003 acre tract a distance of 29.62 feet to a point at the north end of said 0.003 acre tract, in the curved northwesterly line of said 2.005 acre tract and in said connecting curve;
thence northeasterly along a portion of the curved northwesterly line of said 2.005 acre tract, along a portion of said connecting curve, and with a curve to the right, data of which is: radius = 40.00 feet, and delta = 31⁰ 16’ 59”, arc length = 21.84 feet, a chord distance of 21.57 feet bearing N 67⁰ 02’ 12” E to a point a curvature, at a corner of said 2.005 acre tract, and in the curved south right-of-way line of Campus View Boulevard;
thence easterly along the curved north line of said 2.005 acre tract, along the curved south right-of-way line of Campus View Boulevard and with a curve to the left, data of which is: radius = 1,390.00 feet, and delta = 00⁰ 30’ 34”, arc length = 12.36 feet, a chord distance of 12.36 feet bearing N 82⁰ 25’ 24” E to the point of tangency;
thence N 82⁰ 10’ 07” E along the north line of said 2.005 acre tract and along the south right-of-way line of Campus View Boulevard a distance of 209.28 feet to a point at the northeast corner of said 2.005 acre tract and at the northwest corner of a 4.008 acre tract of land conveyed to The Real Estate Holdings LLC, by deed of record in Instrument No. 201503230036074;
thence S 07⁰ 51’ 35” E along the easterly line of said 2.005 acre tract and along a portion of a westerly line of said 4.008 acre tract a distance of 312.76 feet to a point at the southeast corner of said 2.005 acre tract and at the northeast corner of a 1.586 acre tract of land conveyed to The American Dream Company, LLC, by deed of record in Instrument No. 201606080071946;
thence S 82⁰ 11’ 52” W along the southerly line of said 2.005 acre tract and along the north line of said 1.586 acre tract a distance of 318.26 feet to a point at the southwest corner of said 2.005 acre tract, at the northwest corner of said 1.586 acre tract and in the curved easterly right-of-way line of High Cross Boulevard;
thence northerly along a curved westerly line of said 2.005 acre tract, along a portion of the curved easterly right-of-way line of High Cross Boulevard and with a curve to the left, data of which is: radius = 2,960.00 feet, and delta = 00⁰ 12’ 50”, arc length = 11.04 feet, a chord distance of 11.04 feet bearing N 09⁰ 21’ 45” E to the point of tangency;
thence N 09⁰ 28’ 10” E along a westerly line of said 2.005 acre tract and along the easterly right-of-way line of High Cross Boulevard a distance of 89.24 feet to a point of curvature;
thence northerly along a curved westerly line of said 2.005 acre tract, along a portion of the curved easterly right-of-way line of High Cross Boulevard and with a curve to the left, data of which is: radius = 390.00 feet, and delta = 11⁰ 21’ 42”, arc length = 77.34 feet, a chord distance of 77.21 feet bearing N 03⁰ 47’ 19” E to the point of tangency;
thence N 01⁰ 53’ 32” W along a westerly line of said 2.005 acre tract and along the easterly right-of-way line of High Cross Boulevard a distance of 105.98 feet to the true place of beginning;
containing 2.005 acres of land, more or less, and being subject to all easements and restrictions of record. Of the above described 2.005 acres, all are within Franklin County P.N. 610-232022.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of V3 Companies, Ltd, (formerly Bird+Bull, Inc.), Consulting Engineers & Surveyors, Columbus, Ohio, an actual field survey performed under his supervision in May, 2021. 3/4" I.D. iron pipe set are 30” in length with a plastic cap stamped “BIRD & BULL, INC.”. Basis of bearings is the centerline of High Cross Boulevard, being S 01° 53' 32" E, as shown upon the plat entitled High Cross Boulevard - Dimenson Drive, of record in Plat Book 83, Page 97, Recorder's Office Franklin County, Ohio, and all other bearings are based upon this meridian.
To Rezone From: CPD, Commercial Planned Development 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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, “CPD SITE PLAN,” and “ILLUSTRATIVE PLAN,” elevations titled “ELEVATIONS, SHEETS 1-2,” and text titled, “DEVELOPMENT TEXT,” all dated January 20, 2023, and signed by Scott Kelley, Owner/Developer, and the text reading as follows:
Development Text
CURRENT OWNER: George Crimson LLC
APPLICANT: Skilken Gold Development, LLC
EXISTING ZONING: CPD, Commercial Planned Development District
PROPOSED ZONING: CPD, Commercial Planned Development District
DATE OF TEXT: 1/20/23
APPLICATION NUMBER: Z22-074
1. INTRODUCTION: This 2.005 acre site is located on the south side of East Campus View Boulevard, east of the High Cross Boulevard intersection and west of the Huntington Park Drive intersection (the “Site”). The Site consists of one parcel, PN 610-232022-00. The Site is currently zoned CPD, Commercial Planned Development (Z81-115). The applicant will demolish the existing structure and redevelop the property with a restaurant with indoor and outdoor seating, a convenience store, drive-thru window service, fuel sales, and minimal outdoor display sales. The proposed restaurant/convenience store is approximately 6,139 square feet with six double-sided fuel dispensers. Additional site amenities include landscaping along all sides of the property, a dumpster enclosure, underground storm water detention system, and underground fuel tanks. The applicant proposes to rezone the site to a Commercial Planned Development (CPD) to accommodate the new use.
2. PERMITTED USES:
a. 3356.03 C-4 permitted uses with the following exclusions: Dance Hall; Electric substation; Funeral parlor; Motor bus terminal; Night club/cabaret; Pool room; Trade School; Building materials and supplies dealer; Halfway house; Warehouse clubs and super centers; Monopole telecommunication antennas
b. 3357.01 C-5 permitted uses with the following exclusions: Monopole telecommunication antennas
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this Text or on the submitted development plan (“CPD Site Plan”), the applicable development standards are contained in Chapter 3356 C-4 Commercial District of the Columbus City Code.
A. Height, Lot and/or Setback Requirements:
1. Minimum setback for parking along East Campus View Boulevard shall be ten (10) feet, per the submitted CPD Site Plan.
2. Minimum setback for buildings along East Campus View Boulevard shall be fifty (50) feet, per the submitted CPD Site Plan and in compliance with the building line established in Plat Book 84, Page 97.
3. Minimum setback for parking along High Cross Boulevard shall be ten (10) feet, per the submitted CPD Site Plan.
4. Minimum setback for buildings along High Cross Boulevard shall be fifty (50) feet, per the submitted CPD Site Plan and in compliance with the building line established in Plat Book 84, Page 97.
B. Access, Loading, Parking and/or other Traffic related commitments:
1. Access to the site shall be provided by modifying the existing access point, located along the western property line, and adding an additional access point, along the northern property line, as shown on the submitted CPD Site Plan.
2. The improvements required by the City of Columbus Division of Traffic Management further delineated below and based on the approved Traffic Impact Study, dated July 19, 2022, prepared by Carpenter Marty Transportation. The Requirements are that restriping within High Cross Boulevard shall be provided, as approved by the Department of Public Service, to accommodate a southbound left turn lane into the site.
C. Buffering, Landscaping, Open Space and/or Screening commitments: Buffering, landscaping, screening and open space shall be in accordance with 3312.21 of the Columbus City Code.
D. Building Design and/or Interior/Exterior Treatment Commitments: Primary and accessory structures will be developed with uniform design and finishes and shall primarily be comprised of brick and stone building materials. Canopy columns and dumpster materials shall match those used on the primary building. The proposed building shall be designed in accordance with the attached building elevations.
E. Dumpsters, Lighting, Outdoor Display areas and/or Other Environmental Commitments: Refer to the CPD site plan and accompanying exhibits. Any proposed landscaping within the right-of-way is subject to the review and approval of the Department of Public Service. The Department of Public Service will have no responsibility for the maintenance of such landscaping and such landscaping may be removed in the future at the sole discretion of the Department of Public Service.
F. Graphics and Signage commitments: Graphics on the Site shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District for C-4 uses and C-5, Commercial District for C-5 uses. Variances to the sign requirements, if any, shall be submitted to the Columbus Graphics Commission for consideration.
G. Additional CPD Requirements:
1. Natural Environment: The natural environment of the Site is flat, as is surrounding property in the East Campus View Boulevard corridor, which is developed for commercial use.
2. Existing Land Use: The Site is occupied by one structure, a restaurant.
3. Circulation: Circulation on the Site shall be in accordance with the CPD Site Plan.
4. Visual Form of the Environment: The surrounding properties are developed with commercial uses.
5. Visibility: The Site can be viewed from East Campus View Boulevard and High Cross Boulevard.
6. Proposed Development: Restaurant with outdoor seating and drive-thru service, convenience store, retail fuel sales and accessory outdoor display sales.
7. Behavior Patterns: Commercial use, as developed on the surrounding properties. Existing development in the area has established behavior patterns for the motorists.
8. Emissions: No adverse effect from emissions shall result from the proposed development.
H. Miscellaneous:
1. Development of the Site shall be in accordance with the submitted Site Plan and Illustrative Plan. The Plans may be adjusted to reflect engineering, topographical or other site data and changes developed at the time of development and engineering plans for all or a portion of the site affected by said development. Any such adjustment may be reviewed and approved by the Director of the Department of Building and Zoning Services or his/her designee upon submission of the appropriate information regarding the adjustment.
2. The building shall be developed in accordance with the submitted Elevations; however, the building elevations may be slightly adjusted to reflect architectural, engineering, topographical, or other development data established at the time of development and engineering plans are completed. The Director of the Department Building and Zoning Services or the Director’s designee may approve any slight adjustment to the building elevations upon submission of the appropriate data regarding the proposed adjustment.
3. Abandoned service stations, filling stations or fuel sales establishments will be addressed in accordance with 3357.18 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.