Explanation
Rezoning Application Z12-055
APPLICANT: United Dairy Farmers, Inc.; c/o Donald Plank, Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Fuel sales in conjunction with convenience retail.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 8, 2012.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a fuel sales facility and convenience store in the CPD, Commercial Planned Development District and includes undeveloped land in the C-4, Commercial District. The requested CPD, Commercial Planned Development District will allow a larger convenience store and relocated fuel pumps. The CPD text proposes C-3, Commercial uses in addition to the fuel sales and convenience store uses, and includes provisions for setbacks, landscaping, screening, tree preservation, building materials, outdoor display, and abandonment. A parking setback variance along Clime Road is included in the request. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010) which recommends community commercial uses for this location. The request is consistent with the established development pattern and the land use recommendations of The Greater Hilltop Plan Amendment, and can further be supported based on the zoning history of the site and its corner location.
Title
To rezone 3537 CLIME ROAD (43228), being 1.5± acres located at the southwest corner of Clime and Demorest Roads, From: C-4, Commercial, and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development District (Rezoning # Z12-055).
Body
WHEREAS, application #Z12-055 is on file with the Building and Zoning Services Department requesting rezoning of 1.5± acres from C-4, Commercial, and CPD, Commercial Planned Development Districts, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District, is consistent with the established development pattern and the land use recommendations of The Greater Hilltop Plan Amendment, and can further be supported based on the zoning history of the site and its corner location; 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:
3537 CLIME ROAD (43228), being 1.5± acres located at the southwest corner of Clime and Demorest Roads, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military District, located in Virginia Military Survey Number 1396, and being part of a 0.767 acre tract as conveyed to United Dairy Farmers, Inc. in Official Record 04031, Page C-09 and part of 2.116 acres out of Lot 2 of Bonnie Ridge Heights No. 2 Subdivision, as shown in Plat Book 41, Page 64, as conveyed to United Dairy Farmers in Instrument Number 199903290076587 (all references are being on file at the Recorder's Office, Franklin County, Ohio) and being more fully described as follows:
Commencing at a 5/8" rebar found at the intersection of Clime Road and Demorest Road, being the northeasterly corner of said 0.767 acre tract and the northeasterly corner of Parcel 66-WD as conveyed to the Franklin County Commissioners in Instrument Number 200808210127601 and as shown in FRACR125-3.63 Right of Way Plans for the improvements of Clime Road;
Thence North 75° 00' 08" West, along the centerline of survey of Clime Road and the northerly lines of said 0.767 acre tract and said parcel 66-WD, for a distance of 195.09 feet to a point being the northwesterly corner of said 0.767 acre tract and the northwesterly corner of said Parcel 66-WD;
Thence South 03° 05' 45" West, leaving the centerline of survey of Clime Road and following the westerly lines of said 0.767 acre tract and said Parcel 66-WD, for a distance of 51.06 feet to a 5/8" iron pin set on the southerly right of way of Clime Road and on the southerly line of said Parcel 66-WD, and also being the True Place of Beginning of the parcel herein described;
Thence South 75° 00' 08" East, crossing through said 0.767 acre tract and following along the southerly right of way of Clime Road and the southerly line of said Parcel 66-WD, for a distance of 135.15 feet to a 5/8" iron pin set;
Thence South 51° 11' 14" East, continuing through said 0.767 acre tract and continuing along the southerly right of way of Clime Road and the southerly line of said Parcel 66-WD for a distance of 24.10 feet to 5/8" iron pin set on the westerly right of way of Demorest Road;
Thence South 02° 55' 52" West, continuing through said 0.767 acre tract and following along the westerly right of way of Demorest Road and the westerly line of said Parcel 66-WD, for a distance of 69.19 feet to 5/8" iron pin set;
Thence South 05° 21' 27" West, continuing through said 0.767 acre tract and continuing along the westerly right of way of Demorest Road and the westerly line of Parcel 66-WD, for a distance of 44.62 feet to a 5/8" rebar found with a Thomas Engineering & Surveying cap, being on the southerly line of said 0.767 acre tract, the southwesterly corner of said Parcel 66-WD and also being a common corner with said 2.116 acres out of Lot 2 of Bonnie Ridge Heights No. 2;
Thence with the easterly line of said Lot 2 and the westerly right of way of Demorest Road and along the arc of a curve to the right having a radius of 1392.40 feet, a delta of 03° 36' 39", a chord bearing of South 06° 46' 13" West, a chord distance of 87.74 feet, for an arc length of 87.75 feet to a point;
Thence North 74° 54' 04" West, leaving the westerly right of way of Demorest Road and the easterly line of said Lot 2 and crossing through said Lot 2, for a distance of 317.43 feet to a point on the westerly line of said 2.116 acres out of Lot 2 and on the easterly line of a 2.000 acre tract as conveyed to Lutheran Social Services of Central Ohio Hamilton Housing, Inc. in Official Record 29266, Page G-09;
Thence North 03° 21' 26" West, following the westerly line of said 2.116 acres out of Lot 2 and the easterly line of said 2.000 acre Lutheran Social Services tract, for a distance of 201.01 feet to a 5/8"
rebar found being the northwesterly corner of said 2.116 acres out of Lot 2 and the northeasterly corner of said 2.000 tract and being on the southerly right of way of Clime road;
Thence South 75° 00' 08" East, along the northerly line of said Lot 2 and the southerly right of way of Clime Road, for a distance of 168.57 feet to a 5/8" rebar found with a Thomas Engineering & Surveying cap being the corner of said Lot 2 and being on the westerly line of said 0.767 acre tract;
Thence North 03° 05' 45" East, along the westerly line of said 0.767 acre tract and along the right of way of Clime Road, for a distance of 11.02 feet to the True Place of Beginning, and containing within said bounds, 0.4304 acres in Franklin County Auditor's Parcel Number 570-138804 and 1.0645 acres in Franklin County Auditor's Parcel Number 570-248379, for a total of 1.4949 acres of land, more or less.
'North' for the above description is based on a baseline established by a VRS/GPS survey with the Ohio Department of Transportation CORS reference station being COLB. The horizontal component of the VRS network is based on the NAD 83(CORS 96) reference frame and the coordinate system is Ohio State Plane, South Zone.
Iron pins set are 5/8" diameter rebar 30" long with yellow plastic identification caps stamped "Franklin County Engineer''. Iron pins will be set by Franklin County Engineer's Survey Department upon completion of the Clime Road improvement project associated with FRA-CR125-3.63 plans.
The above description was prepared under the direction and supervision of Chad Stewart Snow, Registered Professional Surveyor No. 8559 in June, 2012 and is based on a survey made by MS Consultants, Inc. in June, 2012.
To Rezone From: C-4, Commercial, and CPD, Commercial Planned Development Districts
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 plan being titled, "CPD PLAN," and text titled, " COMMERCIAL PLANNED DEVELOPMENT TEXT," both signed by Donald Plank, Attorney for the Applicant, dated March 4, 2013, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 3537 Clime Road, Columbus, Ohio 43228
1.459± acres
OWNER: United Dairy Farmers, Inc., 3955 Montgomery Road, Cincinnati, Ohio 45212
DATE OF TEXT: March 4, 2013
APPLICATION #: Z12-055
1. INTRODUCTION
The property subject to this rezoning is 1.495± acres located at the southwest corner of Clime Road and Demorest Road (the "Property"). The Property is more particularly described in the legal description submitted as part of the rezoning application. The Property was zoned C-4 in 1964, a part of a larger parcel. A portion of the Property was zoned CPD in 1999. A United Dairy Farmers ("UDF") convenience and ice cream store as well as gas pumps are located on the Property. UDF is redeveloping the Property with a larger new store and relocated gas pumps.
2. PERMITTED USES
Uses permitted per Columbus City Code Section 3355.03, C-3 permitted uses; a convenience store with seating, gasoline sales and outside display areas.
3. DEVELOPMENT STANDARDS
Unless otherwise indicated herein or on the CPD Site Plan, last dated March 4, 2013 (the "Site Plan"), the applicable development standards of Chapter 3356, C-4 of the Columbus City Codes shall apply.
A. Density, Height, Lot and/or Setback Commitments. The setback commitments are depicted on the Site Plan.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. Access to and from the Property shall be from and to Clime Road and Demorest Road. The Site plan addresses the access points as approved by the Department of Public Service and shall be constructed as follows:.
a. The access point to Clime Rd. shall be constructed as a right-in/left-in/right-out access point.
b. The access point to Demorest Rd. shall be constructed as a right-in/right-out/left-out access point.
2. Prior to the occupancy of any new building constructed on the Property, Clime Road shall be restriped to provide a westbound, left-turn lane into the Property. The turn lane shall be at least fifty feet (50') in length and signage shall be installed as approved and directed by the Department of Public Service.
3. The parking requirement for the convenience store with seating and gasoline sales use shall be calculated at one (1) parking space for each two hundred fifty (250) square feet of gross floor area.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Landscaping: Landscaping shall be provided along Demorest Road and Clime Road, within the site and around the building, and shall consist of deciduous or ornamental trees, evergreen trees, shrubs and flowers. At least three (3) deciduous or ornamental trees shall be provided along Demorest Road and at least five (5) deciduous or ornamental trees shall be provided along Clime Road. At least forty-six (46) shrubs shall be provided in various locations. Low growth shrubbery and flower beds shall be provided around the pylon sign at the corner of Clime Road and Demorest Road and along the convenience store building.
2. Tree Protection Zone: The Tree Protection Zone shall be a minimum of fifteen (15) feet. Within the Tree Protection Zone:
a. All existing trees shall be preserved unless otherwise approved for removal by the Urban Forestry Division of the Columbus Recreation and Parks Department;
b. Invasive species and rank underbrush may be removed;
c. Trees greater than six (6) inches in caliper should be protected during and after construction. The protection zone should include the drip line to avoid compaction of roots; and
d. Tree seedlings of native species may be planted.
D. Building Design and/or Exterior Treatment Commitments.
The exterior elevation of the building shall be brick veneer on all four exterior walls, aluminum finish frames with insulated glass on the store front and a stucco panel along the front of the building on the fascia. The exterior elevation of the canopy columns shall be brick veneer.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
Outdoor display and/or sales shall be limited to the following areas:
1. On the sidewalk in front of the building in a manner that maintains a four (4) foot wide clear walkway for pedestrians at all times.
2. On pump island end caps not to exceed a footprint of three (3) feet by three (3) feet and a height of four (4) feet.
F. Graphics and Signage Commitments.
The applicable graphics standards shall be those standards contained in Article 15 of the Columbus City Code as they apply to the C-4, Commercial District with any applications for variances thereto to be submitted to the City Graphics Commission.
G. Miscellaneous Commitments.
1. The Property shall be developed in accordance with the Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and when engineering plans are completed. Any slight adjustment to the Site Plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Section 3357.18 of the Columbus City Code shall apply if fuel sales are abandoned according to the definition included in this section of the Columbus City Code. The owner/lessee shall follow the requirements found in Section 3357.18 (a through e) in order to secure the site and maintain the aesthetics of the Property.
H. Other CPD Requirements.
1. Natural Environment: The Property is located on the southwest corner of Clime Road and Demorest Road.
2. Existing Land Use: Most of the Property is developed with an existing UDF store with gasoline sales. The remaining portion of the Property is vacant. An existing monopole telecommunication antenna is located on the Property.
3. Circulation: The curb cuts are shown on the Site Plan.
4. Visual Form of the Environment: To the south of the Property along Demorest Road, the property is undeveloped and zoned C-4. Further south of the C-4 zoning on Demorest, the property is zoned ARLD and developed with apartments. West of the Property along Clime Road, the property is developed as a church and zoned AR12. The northwest, northeast and southeast corners of Clime and Demorest Roads are zoned and developed with C-4 uses.
5. Visibility: The Property is visible from Demorest and Clime Roads.
6. Proposed Development: The proposed development is a UDF store with 1) a retail convenience store, 2) an ice cream parlor with seating, and 3) a fuel sales canopy that includes eight (8) pump island dispensers, totaling sixteen (16) fueling positions.
7. Behavior Patterns: The proposed use would serve the existing multifamily residential population south and west of the Property as well as motorists moving through the area. The use will be for convenience shopping for those residents, with the intended result that those persons desiring convenience items need not travel to the more heavily trafficked areas in the surrounding community.
8. Emissions: No adverse effect from emissions shall result from the proposed development.
I. Modification of Code Standards.
Section 3312.27, Parking Setback Line, which Section requires a ten (10) feet right-of-way from the street. Applicant proposes that the parking setback line along Clime Road be five (5) feet.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.