Explanation
Rezoning Application Z04-042
APPLICANT: United Dairy Farmers, Inc. c/o Donald Plank, Attorney for Applicant, Plank and Brahm,
145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Gasoline sales and convenience store.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on August 12, 2004.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The existing zoning permits the convenience store and retail motor vehicle fuel sales use that is presently developed at the site. The Applicant proposes to expand the motor vehicle fuel sales use with the addition of a separate three (3) pump island fueling area. The existing building and existing fueling area would not be changed. Because the site is located at a major arterial intersection, the use is appropriate for the site. The addition of additional fueling area is a minor change to the site.
Title
To rezone 4775 SUNBURY ROAD (43021), being 1.58± acres located at the southwest corner of Sunbury and Morse Roads, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z04-042)
Body
WHEREAS, application #Z04-042 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.58± acres from the CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; 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 due to allow the ownder to proceed with submittal of the building permit application for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of the proposed CPD, Commercial Planned Development District, because the existing zoning permits the convenience store and retail motor vehicle fuel sales use that is presently developed at the site. The Applicant proposes to expand the motor vehicle fuel sales use with the addition of a separate three (3) pump island fueling area. The existing building and existing fueling area would not be changed. Because the site is located at a major arterial intersection, the use is appropriate for the site. The addition of additional fueling area is a minor change to the site; 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:
4775 SUNBURY ROAD (43021), being 1.58± acres located at the southwest corner of Sunbury and Morse Roads, and being more particularly described as follows:
Legal Description
4775 Sunbury Road
Situated in the State of Ohio, County of Franklin, and City of Columbus (formerly Township of Mifflin), being in Quarter Township 2, Township 1 North, Range 17 West, United States Military Lands, containing 1.581 acres of land, more or less, said 1.581 acres being part of that 15.750 acre tract of land designated as Exhibit "A" and described in the deed to The Swepston Trust, D.C. Swepston, Trustee, of record in Official Record 06029G09 and designated as Exhibit "A" in the deed to The Swepston trust, of record in Official record 06029G11, both being of record in the Recorder's Office, Franklin County, Ohio, said 1.584 acres of land being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Morse Road and Sunbury Road as shown and delineated upon the Roadway Plans designed as "ESTABLISHMENT, ALTERATION, WIDENING AND RELOCATION PORTION OF SUNBURY ROAD SECTION "B" & "C" PARTS" of record in Road Record 18, Page 124, Engineer's Office, Franklin County, Ohio; thence N-86° 10' 00"W, with the centerline of Morse Road, a distance of 158.36 feet to a P.K. nail at the northeasterly corner of said 15.750 acre tract; thence S-0° 48' 14"W, with an easterly line of said 15750 acre tract, a distance of 70.10 feet to a ¾-inch (I.D.) iron pipe (set) at the true point of beginning in the westerly right-of-way line of Sunbury Road;
Thence, from said true point of beginning, southwardly and southwestwardly, with the westerly right-of-way line of Sunbury Road and the easterly line of said 15.750 acre tract, the following (4) courses and distances:
1.) S-0° 48' 14"W, a distance of 76.30 feet to a ¾-inch (I.D.) iron pipe (found);
2.) S-37° 42' 32"W, a distance of 228.17 feet to a ¾-inch (I.D.) iron pipe (found);
3.) S-45° 39' 06"W, a distance of 247.10 feet to a ¾-inch (I.D.) iron pipe (found);
4.) S-55° 09' 54"W, a distance of 165.00 feet to a ¾-inch (I.D.) iron pipe (set) in the east bank of Alum Creek;
Thence northeastwardly, with the east bank of Alum Creek (at its present location), the following five (5) course and distances:
1.) N-40° 12' 57"E, a distance of 80.00 feet to a ¾-inch (I.D.) iron pipe (set);
2.) N-30° 32' 31"E, a distance of 238.43 feet to a ¾-inch (I.D.) iron pipe (set);
3.) N-27° 15' 06"E, a distance of 85.00 feet to a ¾-inch (I.D.) iron pipe (set);
4.) N-15° 39' 00"E, a distance of 81.21 feet to a ¾-inch (I.D.) iron pipe (set);
5.) N-3° 50' 00"E, a distance of 118.00 feet to a ¾-inch (I.D.) iron pipe (set);
Thence S-86° 10' 00"E, parallel with the 70.00 feet southerly from, as measured at right angles, the centerline of Morse Road, a distance of 211.70 feet to the true point of beginning and containing 1.581 acres of land, more or less.
A survey of the above property was made by Raymond R. Putnam, Ohio Register Surveyor No. 7015.
Subject to all legal highways, easements, and restrictions of record.
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 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, "UNITED DAIRY FARMERS IMPROVEMENTS TO MORSE AND SUNBURY STORE," signed by Donald Plank, Attorney for the Applicant, and dated April 17, 2006; and text titled, "DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 1.58± ACRES," signed by Donald Plank, Attorney for the Applicant, and dated May 22, 2006, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.58 ± ACRES
EXISTING DISTRICT:
CPD, Commercial Planned Development
PROPOSED DISTRICT:
CPD, Commercial Planned Development
PROPERTY ADDRESS:
4775 Sunbury Road, Columbus, OH 43021
OWNERS:
Mesa Properties c/o Donald Plank, Attorney for Applicant, Plank and Brahm, 145 East
Rich Street, Columbus, OH 43215
APPLICANT:
United Dairy Farmers, Inc. c/o Donald Plank, Attorney for Applicant, Plank and Brahm,
145 East Rich Street, Columbus, OH 43215
DATE OF TEXT:
May 22, 2006
APPLICATION NUMBER:
Z04-042
INTRODUCTION:
1. The site is 1.58+ acres located at the southwest corner of Morse Road and Sunbury Road. Existing zoning is CPD by Ordinance 914-90, passed April 16, 1990 (Z89-064). Existing zoning permits the convenience store and retail motor vehicle fuel sales use that is presently developed at the site. Ordinance 914-90 conditions site development on a site development plan. Applicant proposes to expand the motor vehicle fuel sales use with the addition of a separate three (3) pump island fueling area as depicted on the site development plan submitted with this application. The existing building and existing fueling area would not be changed. The site is located at a major arterial intersection, the use is appropriate for the site and the addition of additional fueling area is a minor change to the site plan. Applicant submits this application to rezone the site from the CPD District to the CPD District to permit the change in site development plans. The plan titled "Site Plan - United Dairy Farmers Improvements to Morse and Sunbury Store" dated April 17, 2006 and signed by Donald Plank, Attorney for Applicant, hereafter referred to as "The Plan", is incorporated by reference as the site development and landscaping plan, subject to minor adjustment with final engineering. Any adjustment shall be subject to the review and approval of the Development Director or designee.
1. PERMITTED USES: The following uses shall be permitted:
A convenience store and motor vehicle fuel sales.
2. DEVELOPMENT STANDARDS: Except as specified herein and as represented on The Plan, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Setbacks and location of the fuel pump islands and canopies shall be as depicted on The Plan, subject to minor adjustment with final site engineering.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Vehicular access points and vehicular circulation patterns for the fuel center shall be as depicted on The Plan. The Morse Road curbcut shall be right in/right out only. The north Sunbury Road curbcut shall be right in only and the south Sunbury Road curbcut shall have full turning movements. All curbcuts shall be built/modified based on plans approved by the Division of Transportation to accomplish the referenced turning movements and design.
2. Parking shall be provided as depicted on the Plan, subject to minor adjustment with final engineering.
3. As requested by the Division of Transportation, the applicant/property owner shall continue to work with the Division of Transportation regarding safety as the Division of Transportation monitors performance of the curbcuts. Applicant/property owner shall also work with the Division of Transportation and the Parks Department regarding traffic sight lines for the curbcuts.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Site development shall occur only in the area depicted on the Plan. The site area south of the development area ("Preservation Area") shall remain in its existing undisturbed state. Applicant shall either 1) grant a Conservation Easement applicable to the Preservation Area to the City of Columbus or 2) applicant may convey title to the Preservation Area to the City of Columbus, at applicant's option. Applicant may elect to provide the easement or conveyance after the retaining wall is built to locate the easement or land conveyance based on actual built location of the retaining wall. Applicant may leave up to ten (10) feet of property south of the retaining wall out of the easement or conveyance to provide future access to the south side of the retaining wall. The City of Columbus will issue lot split approval for the conveyance if applicant elects to convey the Preservation Area to the City of Columbus.
2. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within three (3) months.
3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper, Ornamental - 1 ½ inch caliper, Evergreen - 5 - 6 feet tall. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
4. Site landscaping shall be as depicted on the Plan or comparable, depending on availability of plant material, including landscaping in the Sunbury Road right of way.
5. Temporary orange construction fencing will be placed along or adjacent to the north line of the no disturbance area and to the west side of the existing building to delineate the line of the no disturb zone prior to site development starting for the new canopy.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The new canopy structure is depicted on the Plan. It is designed to match the existing canopy structure.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
4. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
5. Canopy lighting over gasoline pump islands shall be recessed in the canopy so the light fixture surface is approximately flush with the surface of the canopy.
6. The dumpster shall be fully enclosed with solid walls or fencing on 3 sides and gate(s) with opaque slats on the accessible side.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4 shall be submitted to the Columbus Graphics Commission.
2. Billboard(s) are prohibited.
G. Other CPD Requirements.
1. Natural Environment: The site is developed with an existing convenience store and motor vehicle fuel sales use.
2. Existing Land Use: The site is developed with an existing convenience store and motor vehicle fuel sales use.
3. Circulation: Access to and from the site will be via curbcuts depicted on the Plan.
4. Visual Form of the Environment: The site is located at the intersection of 2 major arterials roads. The use is existing. The rezoning will permit an expansion of the fueling area.
5. Visibility: The site is visible from Morse Road and Sunbury Road.
6. Proposed Development: Expansion of fueling area of existing convenience store and motor vehicle fuel sales use.
7. Behavior Patterns: The site will be accessed from curbcuts depicted on the Plan.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: Building Setback line is reduced on Morse Road from 80 feet to 30 feet for the existing canopy and from 80 feet to 70 feet for the existing building. Sunbury Road building setback line is reduced from 50 feet to 25 feet for the new canopy. Sunbury Road parking setback line is reduced from 10 feet to 0 feet for part of the Sunbury frontage, as depicted on the Plan.
H. Miscellaneous.
1. There are existing underground fuel tanks for the existing gasoline pumps. Gasoline for the new fuel pumps will be supplied from the existing underground fuel tanks. There will no new underground fuel tanks installed. This provision shall not be interpreted to prevent or preclude the replacement of existing underground fuel tanks, as needed.
2.The plan titled "Site Plan - United Dairy Farmers Improvements to Morse and Sunbury Store" dated April 17, 2006 and signed by Donald Plank, Attorney for Applicant, hereafter referred to as "The Plan", is incorporated by reference as the site development and landscaping plan, subject to minor adjustment with final engineering. Any adjustment shall be subject to the review and approval of the Development Director or designee.
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.