Explanation
Rezoning Application Z07-031
APPLICANT: The Kroger Co.; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Retail fuel sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on July 10, 2008.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This site consists of 0.305+/- acres located within the parking area of an existing grocery store. The current zoning permits C-4 uses with a number of exceptions. This request will allow fuel sales as an additional permitted use for the subject property. The applicant's CPD request is consistent with surrounding zoning and land uses and will leave the grocery store with more than the minimum Code required parking spaces after the development of the gasoline station.
Title
To rezone 5157 NEW ALBANY ROAD (43054), being 0.31± acres located at the northwest corner of New Albany and Fodor Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District. (Rezoning # Z07-031)
Body
WHEREAS, application #Z07-031 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.31± acres from the L-C-4, Commercial District to the 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 site consists of 0.305+/- acres located within the parking area of an existing grocery store. The current zoning permits C-4 uses with a number of exceptions. This request will allow fuel sales as an additional permitted use for the subject property. The applicant's CPD request is consistent with surrounding zoning and land uses and will leave the grocery store with more than the minimum Code required parking spaces after the development of the gasoline station; 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:
5157 NEW ALBANY ROAD (43054), being 0.31± acres located at the northwest corner of New Albany and Fodor Road, and being more particularly described as follows:
DESCRIPTION OF A 0.305 ACRE LEASE TRACT
WEST OF NEW ALBANY ROAD, NORTH OF FODOR ROAD,
CITY OF COLUMBUS, FRANKLIN CO., OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2 North, Range 16 West, United State Military Lands, and being a tract of land for lease purposes through a portion of a 15.994 acre tract of land conveyed to T&R New Albany Development LLC, by deed of record in Instrument 199911120283572, all records referenced to the Recorder's Office, Franklin County, Ohio, said lease tract bounded and described as follows;
Beginning, for reference, at a point at a corner of said 15.994 acre tract and at the southwest corner of a 0.876 acre tract of land conveyed to Burger King Corporation by deed of record in Instrument 200112170293879;
thence N 45° 10' 14" W crossing a portion of said 15.994 acre tract a distance of 45.87 feet to a point at the true place of beginning;
thence crossing a portion of said 15.994 acre tract the following four (4) courses:
1. WEST a distance of 90.00 feet to a point;
2. NORTH a distance of 147.50 feet to a point;
3. EAST a distance of 90.00 feet to a point;
4. SOUTH a distance of 147.50 feet to the true place of beginning;
containing 13,275 square feet (= 0.305 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697 of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyor, Columbus, Ohio from best available Court House records in June, 2007. Basis of bearings is the centerline of New Albany Road, being N 3° 34' 19" E, as shown upon the plat of Fodor Road and New Albany Road Dedication and Easements, of record in Plat Book 83, Pages 11 & 12, Recorder's Office, Franklin County, Ohio.
To Rezone From: L-C-4, Limited 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 plan being titled, "KROGER N881 5125 HAMPSTEAD VILLAGE CENTER WAY COLUMBUS, OHIO 43054 SITE PLAN," signed by Steve Fuller, Real Estate Manager for the Applicant, and dated Juy 28, 2008; and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Aaron Underhill, Attorney for the Applicant, and dated June 30, 2008, and the text reading as follows:
COMMERCIAL
PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD-Commercial
PROPERTY ADDRESS: 5167 New Albany Road
OWNER: T & R New Albany Development LLC
APPLICANT: The Kroger Co.
DATE OF TEXT: 6/30/08
APPLICATION NUMBER: Z07-031
1. INTRODUCTION: This site consists of 0.305+/- acres found within the parking area of an existing grocery store and located to the northwest of the intersection of New Albany Road and Fodor Road. The subject property was originally zoned L-C-4 in 1996 as part of a larger project that set development guidelines for 39+/- acres found south of the State Route 161 Expressway, north of Fodor Road, and east and west of New Albany Road. The current zoning permits C-4 uses with a number of exceptions. This request will allow fuel sales as an additional permitted use for the subject property. A majority of the standards below are similar to those which already apply to the site.
2. PERMITTED USES: Permitted uses shall include gasoline sales and those uses contained in Section 3356.03 (C-4, Commercial) of the Columbus City Code unless otherwise indicated within this text.
3. DEVELOPMENT STANDARDS: The applicable development standards are contained in Chapter 3356 (C-4, Commercial) unless otherwise indicated within this text.
4. DENSITY, HEIGHT, LOT AND/OR SETBACK COMMITMENTS
a. The maximum permitted density shall not exceed the ratio of 10,000 square feet of building per net acre of site.
b. There shall be no minimum setback from perimeter boundaries of the property for buildings, canopies, and parking and maneuvering areas.
c. The height district for the subject property shall be 35 feet, as measured per Columbus City Code.
d. Other than 4a above, there shall be no maximum lot coverage requirement for this development.
5. ACCESS, LOADING, PARKING AND/OR OTHER TRAFFIC-RELATED COMMITMENTS:
a. Size, ratio, and type of parking and loading facilities shall be governed by Columbus City Code Chapter 3342.
6. BUFFERING, LANDSCAPING, OPEN SPACE AND/OR SCREENING COMMITMENTS:
a. The view of all loading areas shall be screened from all sides from any adjacent roadway, building, or parking lot by achieving ninety percent (90%) opacity to a minimum height of seven (7) feet from finished grade.
b. If landscaping is used to screen service areas containing dumpsters, ninety percent (90%) opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be provided to one (1) foot above the height of the structure to be screened but shall not be less than seven (7) feet above finished grade.
7. LIGHTING COMMITMENTS:
a. All external lighting shall be cut-off type fixtures (down lighting). However, buildings and landscaping may be illuminated with uplighting from a concealed source. No colored light shall be used to illuminate the exterior of a building.
b. All external lighting to be used shall be from the same manufacturer type or family to ensure aesthetic compatibility. All light poles or standards shall be dark brown, bronze, or dark green in color.
c. Parking lot lighting shall be no more than twenty-eight (28) feet in height.
d. Building-mounted lighting within service areas shall be designed in such a way that no off-site light spillage occurs.
8. SIGNAGE AND GRAPHICS:
a. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code as it applies to the appropriate zoning district. Any variance to the sign requirements other than those listed below shall be submitted to the City of Columbus Graphics Commission for review and approval.
b. No roof signs shall be permitted nor shall a sign extend higher than the roof of a building.
c. No signs shall be painted directly on the surface of any building, wall, or fence. No wall murals shall be allowed.
9. ARCHITECTURAL REQUIREMENTS:
a. Permitted primary exterior building materials shall include brick, brick veneer, stone, stone veneer, and E.I.F.S Alternative materials shall be permitted as trim.
b. All building and canopies shall be finished utilizing the same materials on all sides of the exterior.
c. No materials, supplies, equipment, or products shall be stored or permitted to remain outside of a permitted structure except that outdoor display areas for convenience store / gas sales uses shall be permitted and shall contain only those items normally and customarily sold by such store as well as seasonal items/products including, but not limited to, firewood, mulch, flowers, and Christmas wreaths. Such display areas shall be located no more than two (2) feet from an adjacent structure and shall be limited to fifty (50) square feet in area with a maximum height of three (3) feet. A five (5) foot wide pedestrian travel zone shall be maintained on a store sidewalk. Ice, soda, and vending machines are not permitted outside of a structure.
d. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same materials utilized on the building roof or exterior. The color of such screening materials shall match the building exterior or roof. Mechanical or other utility equipment on the ground shall be screened from view by a wall, fence, or landscape material.
10. MISCELLANEOUS COMMITMENTS:
a. Miscellaneous:
i. An "abandoned service station" is defined as a service station which has ceased operations or is closed to the public for at least six (6) months in any twelve (12) month period. The owner or lessee of the service station or related structures shall, within seven (7) days of the beginning of the closure period referred to herein:
aa. Install wheel blocks, firmly attached, across the driveway entrance to the service station to prohibit unauthorized vehicle parking or abandonment of motor vehicles;
bb. Shall remove all signs and pumps;
cc. Shall board up all windows, garage doors and entrances to prevent the breakage of glass and the unauthorized entrance therein;
dd. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks; and
ee. Shall during the closure period cut all grass, remove all rubbish and weeds and continue such maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
11. CPD CRITERIA:
a. Existing land uses: To the north is commercial and the State Route 161 Expressway; to the east is existing commercial; to the west is existing commercial; and to the south is existing residential.
b. Transportation and circulation: Access to the site shall be via New Albany Road and Fodor Road.
c. Visual form of the development: The site shall be developed in accordance with the zoning text.
d. View and visibility: In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of motorists and pedestrians.
e. Proposed development: Commercial as permitted under this text.
f. Emissions: No adverse affects from emissions shall result from the proposed development.
g. Behavior patterns: The proposed development would serve the growing Columbus residential population as well as the motorists who use State Route 161, New Albany Road, and Fodor Road.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest pe