Explanation
REZONING APPLICATION: Z03-059
APPLICANT: Lowe's Companies, Inc.; c/o Patti Wilson Hull; Highway 268 East, East Dock; North Wilkesboro, Pennsylvania 28659.
PROPOSED USE: To modify outdoor display and parking provisions for a commercial use.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on August 14, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit expansion of an existing garden center enclosure, define appropriate locations for outside retail display and reduce the number of required parking spaces. The revised development standards and site plan eliminate outdoor storage on-site and allow controlled outdoor retail display areas that will not impact pedestrian transit along sidewalks or vehicle maneuvering in aisles, parking spaces and loading zones.
Title
To rezone 3600 PARK MILL RUN DRIVE (43026), being 12.56± acres located on the west side of Park Mill Run Drive, 60± feet west of Richardson Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Z03-059).
Body
WHEREAS, application #Z03-059 is on file with the Building Services Division of the Department of Development requesting rezoning of 12.56± 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 approval of said zoning change because the requested CPD, Commercial Planned Development District would permit expansion of an existing garden center enclosure, define appropriate locations for outside retail display and reduce the number of required parking spaces. The revised development standards and site plan eliminate outdoor storage on-site and allow controlled outdoor retail display areas that will not impact pedestrian transit along sidewalks or vehicle maneuvering in aisles, parking spaces and loading zones; 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:
3600 PARK MILL RUN DRIVE (43026), being 12.56± acres located on the west side of Park Mill Run Drive, 60± feet west of Richardson Avenue, and being more particularly described as follows:
DESCRIPTION OF PROPERTY REVISION TO CPD ZONE 3600 PARK MILL RUN DRIVE, LOWE'S ~ MILL RUN, CITY OF COLUMBUS, OHIO
Situated in Virginia Military Survey No. 547, City of Columbus, County of Franklin, State of Ohio, and being part of that real estate conveyed to Park Mill Run Limited Partnership by deed recorded in Official Record 21481G11 and being part of Parcel 1, of Mill Run Subdivision and Street Easement Plat as recorded in Plat Book 64, Pages 147 and 148, also being part of Parcel D of Mill Run Subdivision and Street Easement Dedication Plat, Section 2 as the same is recorded in Plat Book 64, Pages 38 and 39 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and being more particularly bounded and described as follows:
Commencing at the centerline intersection of Fishinger Road and Spring Mill road (a 60' right-of-way) as dedicated by Mill Run Subdivision Street and Easement Dedication Plat, Section as the same is recorded in Plat Book 64, Pages 38 and 39;
Thence South 55° 26' 55" West, leaving the centerline of Fishinger Road, along the centerline of said Spring Mill Road (a 60' right-of-way) for a distance of 199.77 feet to a point of curvature;
Thence North 34° 33' 05" West, leaving the centerline of said Spring Mill Road (a 60' right-of-way) for a distance of 30.00 feet to the existing north right-of-way of said Spring Mill Road (a 60' right-of-way);
Thence along the existing north right-of-way of Spring Mill Road (a 60' right-of-way) with the arc of a curve to the right having a radius of 970.00 feet for an arc distance of 92.03, the chord of said arc being subtended by a central angle of 5° 26' 10" and a long chord bearing South 58° 10' 10" West for a distance of 92.00 feet to the TRUE PLACE OF BEGINNING for the land herein described;
Thence continuing along the existing north right-of-way of Spring Mill Drive (a 60' right-of-way) the following two (2) courses:
1) Along the arc of a curve to the right having a radius of 970.00 feet for an arc distance of 362.23 feet, the chord of said arc being subtended by a central angle of 21° 23' 46" and a long chord bearing South 71° 34' 58" West for a distance of 360.13 feet;
2) South 82° 16' 51" West for a distance of 219.52 feet;
Thence along the arc of a transition curve to the right having a radius of 170.00 feet for a distance of 267.47 feet, the chord of said arc being subtended by a central angle of 90° 08' 51" and a long chord bearing North 52° 38' 44" West for a distance of 240.73 feet to the existing east right-of-way of Park Mill Drive (a 60' right-of-way);
Thence North 7° 34' 18" West, along the existing east right-of-way of Park Mill Drive (a 60' right-of-way) for a distance of 600.61 feet to the Corporation Line between the City of Columbus and the City of Hilliard;
Thence North 82° 25' 42" East, leaving the existing east right-of-way of Park Mill Drive (a 60' right-of-way) along the said corporation line between the City of Columbus and the City of Hilliard for a distance of 730.00 feet to the easterly line of a tract of land conveyed to Park Mill Run Limited Partnership by deed recorded in Official Record 21481G11;
Thence leaving the aid corporation line between the City of Columbus and the City of Hilliard along the easterly line of said Park Mill Run Limited Partnership tract the following six (6) courses;
1) South 7° 34' 18" East for a distance of 556.18 feet;
2) Along the arc of a curve to the right having a radius of 90.00 feet for an arc distance of 32.31 feet, the chord of said arc being subtended by a central angle of 20° 34' 04" and a long chord bearing South 2° 42' 44" West for a distance of 32.13 feet;
3) South 12° 59' 46" West for a distance of 41.24 feet;
4) Along the arc of a curve to the left having a radius of 60.00 feet for an arc distance of 41.89 feet, the chord of said arc being subtended by a central angle of 40° 00' 00" and a long chord bearing South 7° 00' 14" Est for a distance of 41.04 feet;
5) South 27° 00' 14" East for distance of 24.28 feet;
6) Along the arc of a curve to the left having a radius of 20.00 feet for an arc distance of 32.15 feet, the chord of said arc being subtended by a central angle of 92° 06' 41" and a long chord bearing South 73° 03' 35" East for a distance of 28.80 feet to the place of beginning and containing 12.559 acres, subject however to all covenants, conditions, reservations or easements of record contained in any instrument of record to the above described tract of land.
Being part of that real estate conveyed to Park Mill Run Limited Partnership by deed recorded in Official Record 21481G11 of the Franklin County Recorder's Office.
This description was prepared from a field survey performed by Woolpert, LLP, Columbus, Ohio in July of 1995 with bearings based upon Mill Run Subdivision Street and Easement Dedication Plat, Section 2, as recorded in Plat Book 64, pages 38 and 39 of the Franklin Couty, Ohio Recorder's Office.
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of One Hundred Ten (110) 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 bein titled "LOWE'S - MILL RUN EXHIBIT A, COLUMBUS, OHIO", and text being titled, "CPD TEXT" both signed by Mike Timko, Agent for the Applicant, both dated November 21, 2003, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development.
PROPERTY ADDRESS: 3600 Park Mill Run.
OWNER: USPG Portfolio One LLC; 10210 North Central Expressway, Suite 140; Dallas, Texas; 75231.
APPLICANT: Lowe's Companies, Inc.; c/o Patti Wilson Hull; Highway 268, East Dock; North Wilkesboro, Pennsylvania 28659.
DATE OF TEXT: 11/21/03
APPLICATION NUMBER: Z03-059
CPD TEXT FOR SUBAREA 7, LOWES MILL RUN, COLUMBUS, OHIO
1. INTRODUCTION
THE MILL RUN PROJECT: The Mill Run project consists of approximately 342.7 acres located in northwest Franklin County and is bounded by Smiley Road on the east, Hilliard-Cemetery Road on the north, I-270 on the west and The Glen Subdivision to the south. Approximately 212.3 acres of the Mill Run project lies within the City of Columbus, Ohio and the balance lies within the City of Hilliard as depicted on Drawing 1. Due to a Corporate boundary adjustment between the City of Hilliard and the City of Columbus in 1993 the City of Columbus' portion of the Mill Run project is 205± acres.
ZONING HISTORY: On July 1, 1985, by Ordinance No. 1371-85, Columbus City Council approved the rezoning of the 212.3 acres of Mill Run located in the City of Columbus from R, Rural, to CPD, Commercial Planned Development and L-AR-12, Limited-Apartment Residential, as recommended by the Development Commission in Case Nos. Z85-045A and Z85-045B.
Thereafter, an Amended Conferring Text was approved effective July 29, 1987 by Columbus City Council by Ordinance No. 1215-87 as recommended by the Development Commission in Case No. Z87-1288.
Subsequently, a 14.9 acre parcel, located at the northeast corner of the Mill Run property, Covered by the Amended Conferring Text was rezoned I, Institutional, and thus deleted from the Amended Conferring Text by Columbus City Council pursuant to Ordinance No. 45-88 on February 1, 1988, as recommended by the Development Commission in Case No. Z87-1735. On March 27, 1989, the owner rezoned this parcel PUD pursuant to Case No. Z88-3105. On April 2, 1990 this parcel was further rezoned PUD-8 pursuant to Case No. Z89-157.
Subsequently, a second Amended Conferring Text was approved effective June 6, 1988 by Columbus City Council by Ordinance No. 1293-88, as recommended by the Development Commission in Case No. Z88-1905. Finally, a Restated and Amended Conferring Text for Mill Run was approved effective April 3, 1990 by Ordinance No. 752-90, as recommended by the Development Commission in Case No. Z90-009. The Restated and Amended Conferring Text established, among other things, seven Subareas within that portion of Mill Run located within the City of Columbus.
Thereafter; Subarea 5 was divided into Subarea 5A (L-C4) and Subarea 5B (L-ARLD) as approved on July 12, 1990 by Columbus City Council by Ordinance No. 620-77 as recommended by the Development Commission in Case No. Z90-090.
Subsequently, Subareas 5A and 5B were re-established along with the creation of Subarea 7 which was itself divided into two Subareas 7A (CPD) and 7B (CPD), by Columbus City Council in Ordinance No. 944-91 as recommended by the Development Commission in Case No. Z91-011. This change reflected the proposed shift of Spring Mill Drive southward from its previous location. Thereafter Subarea 7B became Subarea 5C and was zoned L-ARLD by Ordinance No. 2615-92, effective December 21, 1992, as recommended by the Development Commission in Case No. Z92- 078. In addition, Subarea 7A (CPD) was reduced in acreage from 31.867~ acres to 28.953± acres to accommodate the re-shifting northward of Spring Mill Drive to its existing position prior to the vacation action of 1988 and was renamed Subarea 7. The reduced acreage off the south end of Subarea 7A was incorporated into the existing Subarea 7B and became Subarea 5C, consisting of 8.367~ acres.
Thereafter, Subarea 4 was divided into Subareas 4A, 4B, 4C, and 4D and additional uses were allowed in Case No. Z93-047 as passed by Columbus City Council in Ordinance 1777-93, as recommended by the Development Commission.
Subsequently the City of Columbus and the City of Hilliard approved a corporate boundary adjustment, which transferred 11.476 acres from the City of Columbus to the City of Hilliard in Ordinance No. Z061-93 effective November 4, 1993 and 4.258 acres from the City of Hilliard to the City of Columbus in Ordinance No. Z062-93 effective November 4, 1993.
This CPD text (Z93-106) for Subarea 7 for Mill Run supersedes and replaces the CPD text for Subarea 7 contained in Z92-078; the limitation text for Subareas 5B and 5C contained in Z92-078 still applies to those subareas. The restated and Amended Conferring Text (Z90-009) shall continue to apply to Subareas 1, 2, 3 and 6.
This CPD text (Z03-059) supersedes and replaces the Subarea 7 CPD text for the 12.559± acre site, now occupied by Lowe's Companies, Inc., located within Subarea 7 and contained in Z92-078, for the purpose of expanding the Garden Center, specifying approved locations for outdoor retail displays and sales, and granting a parking variance; the limitation text for Subareas 5B and 5C contained in Z92-078 still applies to those subareas. The restated and Amended Conferring Text (Z90-009) shall continue to apply to Subareas 1, 2, 3 and 6.
While the entire Mill Run project represents varied uses, the Developer and the Mill Run Owners' Association will continue to exert controls on building materials and colors, as well as site development. These development standards have been incorporated into deed restrictions applicable to the entire project.
2. PERMISSIBLE USES
All uses permitted under C-1, C-2, C-3, C-4 and C-5 except game rooms and used car lots, except that used car sales in connection with a full service automobile dealership for new vehicles shall be permitted.
3. DEVELOPMENT STANDARDS
Unless otherwise indicated in this CPD text or on the CPD site plan titled "LOWE'S - MILL RUN EXHIBIT A, COLUMBUS, OHIO" (dated 11/21/03), the applicable development standards are contained in Chapter 3356 of the Columbus City Code.
A. Density, Lot, and/or Setback Commitments.
1. Setbacks: All buildings shall be setback 30'-0" from the street right-of-way. All parking areas shall be setback 20'-0" from the street right-of-way. There are no setback requirements applicable to the common boundary between the cities of Columbus and Hilliard other than as specifically set forth in the Restated and Amended Conferring Text and applicable CPD and limitation texts. To the extent the common boundary between the cities bisects any building, the respective cities shall agree upon the handling of fire and police protection and allocation of tax revenues.
2. Maximum building height shall be 90'-0".
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Primary access through, into and out of Mill Run is via Fishinger Boulevard, which has been extended by the Developer west of Smiley Road and connects to 1-270 at Hilliard-Cemetery Road. This major arterial has been developed with four 12'-0" lanes with a 12'-0" median. Access onto Fishinger Boulevard within Mill Run will be limited as depicted on the Development Master Plan. There will be no direct access points onto Smiley Road other than at Fishinger Road.
2. All curb cuts from public streets to private property shall be subject to review and approval of the City of Columbus Transportation Division.
3. All arterials and collector streets shall be public streets unless otherwise agreed by the City of Columbus Transportation Division.
4. Traffic improvements shall include signalization subject to a detailed warrant analysis based on actual traffic volumes. The Developer will pay for traffic signals along Fishinger Road.
5. There will be no on-street parking on any arterial or collector street.
6. For the purpose of determining the adequacy of parking within Subarea 7, and whether such parking meets all applicable codes and zoning requirements, the parking and uses contained in Subarea 7, and that property within the City of Hilliard to the north and west of Subarea 7 (designated on the rezoning exhibit hereto as the "Hilliard Area") shall be combined. The combined parking in Subarea 7 and the Hilliard Area shall meet minimum code requirements for the use in such areas in accordance with the combined applicable Columbus and Hilliard Codes. The PUD zoning of the Hilliard Area contains a provision relative to combined parking requirements, in the form attached hereto as Exhibit A, and such PUD zoning Ordinance provides that it shall not be modified without prior written notice to the City of Columbus, Department of Development, or its successors, of any hearings relative thereto at least seven days prior to such hearing.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Street trees shall be provided adjacent to public right-of-way as shown on the CPD site plan. Said trees shall be placed forty-five feet (45') on center and have a minimum caliper of 3" at time of installation. Caliper shall be measured 6" from the ground surface.
2. Interior landscaping shall consist of sixty-five (65) trees as shown on the CPD site plan. Said trees shall have a minimum caliper of 3" at time of installation. Caliper shall be measured 6" from the ground surface.
3. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
4. The Loading and Waste Handling Area shall have a screening opacity of 100% to a minimum height of six feet (6') via earth mounding and landscaping located adjacent to the public right-of-way, as shown on the CPD site plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. All exterior building materials will be of brick, stucco, concrete, glass, wood or stone.
2. All loading and storage areas will be screened from the street or public view.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All site electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent property.
2. All street lighting shall be a rectangular architectural luminaire on a 29'-0" dark brown baked enamel pole per the City of Columbus' standard.
3. All external outdoor lighting fixtures to be used shall be from the same family or similar manufacturer's type to ensure aesthetic compatibility. All light poles and luminaries shall be a dark brown finish to match the streetlights.
4. Any new external lighting shall use cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
5. Any new wall-mounted lighting shall be shielded to prevent offsite spillage.
6. New accent lighting shall be permitted provided such light source is concealed from the adjacent right-of-way.
7. Outside retail display areas shall be limited to the following locations:
a. Along the front of the building, ten (10) feet in depth and fifty-six (56) feet in width. See notation number three (3) on attached CPD site plan.
b. Along the front of the building, five (5) feet in depth and forty (40) feet in width. See notation number four (4) on attached CPD site plan.
c. Along the front of the garden center, fifteen (15) feet in depth and one hundred eighty five (185) feet in width. A maximum height of eight (8) feet. See notation number five (5) on attached CPD site plan.
d. Along the front of the building, three and one quarter (3.25) feet in depth and fifteen (15) feet in width. A maximum height of eight (8) feet. See notation number six (6) on attached CPD site plan.
8. The outdoor display areas shall contain only those items normally and customarily sold by a home improvement store and other seasonal items and products, including but not limited to, mulch, flowers, trees, retaining wall blocks, fence panels, storage sheds, and propane tank cages.
9. There shall be a 32,500sf Expanded Garden Center measuring one hundred thirty (130) feet in depth and two hundred fifty (250) feet in width. A maximum fence height shall be twenty (20) feet with a screened interior. See notation number two (2) on attached CPD site plan.
F. Graphics and/or Signage Commitments.
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4, Commercial District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration, except for existing legally permitted graphics permitted by this CPD text.
1. There shall be one ground-mounted sign allowed for each point of access from a public street, plus one ground-mounted sign for each free-standing building, which sign shall be in addition to any building-mounted signage allowed hereunder or under the City of Columbus Graphics Code. Any ground-mounted sign may identify any owner or occupant within the area shown on Drawing One. This provision would permit property which is in the City of Hilliard to have signage on property which is located in the City of Columbus, as well as permit owners or tenants to have signage on property which is not where that owner or tenant is located. More than one ground-mounted sign may appear on a tax parcel.
2. Internally illuminated signs, as well as externally illuminated signs that do not interfere with vehicular traffic shall be permitted. All other signage requirements shall conform to the Columbus Graphics Code, subject to such variances as may be granted by the Columbus Graphics Commission.
3. Information kiosks, substantially similar to the kiosks approved by the City of Columbus Graphics Commission pursuant to Application No. VG88-3026, will be permitted at public intersections. The Mill Run Owners' Association will maintain all such kiosks.
4. There shall be no roof-mounted, co-op or rotating signs. Nor shall signs with flashing lights, billboards or, except as specifically provided herein or permitted by the City of Columbus Graphics Commission. Off-premises graphics shall be permitted.
G. Other CPD Requirements.
1. CPD Requirements
a. Natural Environment: The site is developed with an existing building.
b. Existing Land Use: The site is currently zoned in the CPD district.
c. Transportation and Circulation: Access to the site shall be from Fishinger Road, Spring Mill Drive, Park Mill Drive and Park Mill Run.
d. Visual Form of the Environment: See the development standards in the text and CPD site plan.
e. View and Visibility: In the development of the subject property and in the location of buildings and access points, consideration was given to the visibility and safety of the motorists and pedestrians.
f. Proposed Development: The site is developed for commercial use.
g. Behavior Patterns: This development serves the residential population adjacent to the Fishinger Road corridor.
h. Emissions: No adverse emissions should occur from the proposed development.
2. Variances Requested: Chapter 3342.28, Minimum number of parking spaces required. Based on Gross Floor Area, 790 spaces are required. Given the site layout, 574 spaces are provided. See Revised Parking Count calculations on the CPD site plan.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.