Explanation
REZONING APPLICATION: Z03-074
APPLICANT: Chahine Properties, LLC; c/o Crabbe, Brown & James, LLC; 500 S. Front Street, Ste. 1200; Columbus, Ohio 43215.
PROPOSED USE: Convenience store with gas sales, car wash and drive thru carryout.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on October 9, 2003.
WESTLAND AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for the CPD, Commercial Planned Development District to develop a convenience store with fuel sales expanded from four to eight pumps, a drive-thru carryout and car wash remains consistent with the Westland Area Plan (1994). CPD text use restrictions and development standards established for rezoning Z02-063 (ORD 0001-03) are largely unchanged. New items on the CPD plan include four additional fuel pumps, a larger fuel island canopy, a vacuum station, air pump and an additional 15' of Norton Road frontage to improve east-west maneuvering on-site. The modifications are consistent with the recommendations of the Hellbranch Run Watershed Overlay (2002), which encourages providing only the number of parking spaces anticipated to be necessary for regular use to minimize stormwater generation.
Title
To rezone 5572 ALKIRE ROAD (43204), being 1.69± acres located at the northwest corner of Alkire and Norton Roads, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Z03-074) and to declare an emergency.
Body
WHEREAS, application #Z03-074 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.69± 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 Westland Area Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that the project is 9 months behind due to the Big Darby Creek Moratorium and it is immediately necessary to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because CPD, Commercial Planned Development District to develop a convenience store with fuel sales expanded from four to eight pumps, a drive-thru carryout and car wash remains consistent with the Westland Area Plan (1994). CPD text use restrictions and development standards established for rezoning Z02-063 (ORD 0001-03) are largely unchanged. New items on the CPD plan include four additionl fuel pumps, a larger fuel island canopy, a vacuum station, air pump and an additional 15' of Norton Road frontage to improve east-west maneuvering on-site. The modifications are consistent with the Hellbranch Run Watershed Overlay (2002), which encourages providing only the number of parking spaces anticipated to be necessary for regular use to minimize stormwater generation; 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:
To rezone 5572 ALKIRE ROAD (43204), being 1.69± acres located at the northwest corner of Alkire and Norton Roads, and being more particularly described as follows:
DESCRIPTION OF 1.680 ACRES, CITY OF COLUMBUS, CUSTOM BUILT HOMES
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 1473, and being part of the original 12.179 acre tract conveyed to Custom Built Homes, Inc. by deed of record in Official Record 16990 G14, Official Record 16990 G16, Official Record 16990 H02, Official Record 16990 H06, Official Record 16726 F13, Official Record 10985 A15, and Deed Book 3562, Page 238, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Begin for reference at Franklin county Geodetic Survey monument No. 1525 in the line common to Virginia Military Survey Nos. 1473 and 1462 at the centerline intersection of Alkire Road and Norton Road. Said monument being South 87° 32' 35" East, a distance of 125.30 from Franklin County Geodetic Survey monument No. 1524 and North 87° 32' 35" West, a distance of 25.01 feet from Franklin County Geodetic Survey monument No. 1526;
Thence North 00° 32' 47" East, a distance of 50.87 feet, along said line common to Virginia Military Survey Nos. 1473 and 1462 and along said centerline of Norton Road, to a point;
Thence South 89° 27' 13" West, a distance of 50 feet, across said Norton Road right-of-way line, to an iron pin set in the westerly right-of-way line of said Norton Road and easterly line of said original 12.179 acre tract. Said iron pin being set at the POINT OF TRUE BEGINNING of the herin described tract;
Thence South 57° 40' 35" West, a distance of 14.34 feet, along said westerly right-of-way line of Norton Road and easterly line of said original 12.179 tract, to an iron pin set in the northerly right-of-way line of Alkire Road and southerly line of said original 12.179 acre tract;
Thence North 87° 32' 35" West, a distance of 367.32 feet, along said northerly right-of-way line of Alkire Road and southerly line of said original 12.179 acre tract, to an iron pin set at the common corner of said original 12.179 acre tract and Lot No. 18 of "HOLLYWOOD", a subdivision of record in Plat Book 32, Page 111;
Thence North 00° 34' 35" West, a distance of 183.11 feet, along the line common to said original 12.179 acre tract and Lot No. 18; to an iron pin set;
Thence North 89° 25' 25" Est, a distance of 379.09 feet, across said original 12.179 acre tract, to an iron pin set in the aforesaid westerly right-of-way line of Norton Road and easterly line of said original 12.179 acre tract;
Thence South 00° 32' 47" East, a distance of 195.00 feet, along said westerly right-of-way line of Norton Road and easterly line of said original 12.179 acre tract, to the POINT OF TRUE BEGINNING. Containing 1.680 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
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 titled "ALKIRE EXXON SITE PLAN", signed by Gregory D. Santoro, agent for the applicant, and landscape plan titled, "LANDSCAPE PLAN, L-1", signed by Marcia Sherry, agent for the applicant, dated December 12, 2003, and text titled, "LIMITATION TEXT, CPD COMMERCIAL PLANNED DEVELOPMENT, 1.680+/- ACRES", dated October 14, 2003, all signed by Laura Comek, Attorney for the Applicant, and the text reading as follows:
LIMITATION TEXT, CPD COMMERCIAL PLANNED DEVELOPMENT, 1.680+ ACRES
Property Address: 5572 Alkire Road, Columbus, Ohio 43228
Proposed Zoning: CPD, Commercial Planned Development
Existing Zoning: CPD, Commercial Planned Development
Applicant/Owner: Chahine Properties, LLC.; c/o Crabbe, Brown & James, LLP; 500 S. Front Street, Suite 1200, Columbus, Ohio 43215.
Date of Text: October 14, 2003
Application No.: Z02-074
1. INTRODUCTION:
The subject property to this rezoning ("Site") is approximately 1.680+ acres, currently zoned CPD and undeveloped. The Site is located at the northwest corner of the intersection of Alkire and Norton Roads. This property was previously rezoned by virtue of Ordinance No. 0001-03, to include convenience store, gasoline sales and carwash, in addition to other C-4 uses. With this application, the Applicant is seeking to revise the CPD site plan to reflect minor engineering modifications and slight increases in square footage, gasoline pumps and required parking.
This proposal complies with the Westland Plan's land use recommendation, and the Columbus Comprehensive Plan's objective to locate commercial uses which generate substantial amounts of traffic at or near the intersection of arterial streets. Both Alkire and Norton Roads are major arterials.
2. PERMITTED USES:
A convenience store with drive thru, gasoline sales and carwash, in addition to uses of the C-4, Commercial District (§3356.03), excepting the following: appliance stores; automobile sales, leasing and rentals; automobile and light truck dealers; automobile driving training facilities; bars, billboards, cabarets and night clubs; blood and organ banks; discount department stores; electronic stores; furniture and home furnishing stores; missions/temporary shelters; motorcycle, boat and other motor vehicle dealers; outdoor power equipment stores; recreational vehicle dealers; supermarkets; truck/utility trailer/rv sales, rental or leasing; warehouse clubs and super centers; vending machine operators; used merchandise stores.
3. DEVELOPMENT STANDARDS:
Except as otherwise provided in this Text and on the accompanying Site Plan, development standards shall comply with the C-4, Commercial District (C.C.C.§3356.05, et seq.).
A. Setbacks.
See Site Plan.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
Any curb cuts, access points or other traffic-related commitments will be in accordance with the requirements and specifications of the City of Columbus Transportation Division. Pursuant to the attached Zoning Site Plan, access to the subject Site will be via both Alkire and Norton Roads.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. There shall be headlight screening within the parking setback along the east and south boundaries of the Site. Such landscaping will consist of a continuous hedge/shrub, a minimum 30" high, of a deciduous nature common to the regional area.
2. A 6' board-on-board wood fence shall be installed and maintained along the west boundary of the Site, approximately ten (10) feet within said boundary, as depicted on the site plan.
3. There shall be landscaping on the west side of the board-on-board fence, per the attached Landscape Site Plan. Where trees are utilized, the minimum requirements for trees at the time of planting shall be: 2 ½" caliper for deciduous; 1 ½" caliper for ornamental; 5' for evergreens, all as measured 6 inches above grade.
4. Any and all landscaping will be well maintained. Any dead or decayed material shall be removed and replaced with like or similar material/types within six (6) months or the next planting season, whichever occurs first.
5. There shall be street trees, per the above caliper specifications, planted 30' on center along Alkire and Norton Roads.
6. See attached Landscape Plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The exterior wall finish of the buildings constructed on the property shall be primarily brick.
2. Rooftop mechanical equipment and/or utility hardware shall be screened. Such screening shall utilize materials similar to or compatible with those used for building materials. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping and/or fencing and/or walls, utilizing compatible materials to the building materials.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Lighting for the Site will be designed and placed so as to provide adequate lighting, maximize safety and minimize off-site glare. Special attention will be given to the drive access points, drive thru and service areas. Lighting shall not exceed .01 candle foot light along the property line.
2. All Site lighting for both pedestrian and vehicle traffic is to be directed to the pavement.
3. All fixtures will be cutoff down style, compatible with building design standards.
4. Light poles shall not exceed 18' in height.
5. Light poles shall not exceed 14' in height where placed along the western boundary of the Site.
6. No outdoor displays shall be permitted, with exception of the following: (1) sale of auto service station-related products (including but not limited to oil, windshield washer fluid, etc.); and (2) temporary displays of goods and/or services for sale within the contemplated convenience store. Such displays will be located within 3' of the building and limited to 14 days in duration.
7. The dumpster on Site shall be screened on three sides with landscaping and/or an opaque fence.
8. Use of outdoor speakers shall be limited to only those necessary for the commercial uses.
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, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The Site shall be developed in substantial accordance with the Zoning Site Plan and Landscape Site Plan submitted herewith. The Zoning Site Plan and Landscape Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed. Any slight adjustment to the Zoning Site Plan and Landscape Site Plan shall be reviewed and approved by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. The Applicant shall comply with any applicable Hellbranch Overlay provisions.
3. Hours of operation for the carwash shall be 8:00 a.m. to 10:00 p.m.
4. CPD REQUIREMENTS
A. Natural Environment.
The Site is located at the northwest corner of the intersection of Alkire and Norton Roads. Various landscaping will be installed along both Alkire and Norton Roads.
B. Existing Land Use.
Surrounding properties are zoned manufacturing, commercial and/or residential.
The property is currently zoned CPD. This rezoning reinstates the convenience store and gasoline sale uses, and adds a carwash use. This proposal permits greater limitations and restrictions on buildings and building lay out.
C. Transportation and Circulation.
There is direct vehicular access to the Site from the east via Norton Road, and the south via Alkire Road.
Traffic may exit the Site via the same access points.
D. Visual Form of the Environment.
The Site is situated at the intersection of Alkire and Norton Roads. Both Alkire and Norton Roads are major arterials within the Westland Area.
As depicted on the attached Zoning Site Plan, landscaping has been included, to the greatest extent possible, while still allowing for appropriate visibility off site. Additionally, the engineering has been considered to allow for efficient and effective internal traffic flow by reconciling the convenience store drive thru and carwash uses. Ample by-pass lanes are provided.
E. View and Visibility.
The site is clearly visible from both Alkire and Norton Roads.
Consideration has been given to visibility and safety issues. The Zoning Site Plan is a direct result of the same. There exists well-defined access to this Site.
Additionally, parking, stacking spaces and bypass lanes have been considered and placed to increase safety and maintain the number of Code-required spaces.
F. Proposed Development.
The Proposed Development is compatible and complimentary to existing, surrounding commercial and manufacturing uses. Moreover, the existing CPD allows for a variety of C-4 uses. This proposal is necessary to reinstate the convenience store with drive thru, gasoline sale and carwash uses previously permitted by Ordinance No. 1512-92 .
G. Behavior Patterns.
As considered and set forth on the Zoning Site Plan, access to the Site will be facilitated by curb cuts along Alkire and Norton Roads. These roads being main arterials, it is not expected that traffic behavior patterns will be significantly altered by this development.
H. Emissions.
Due to the intensity of the manufacturing and commercial land uses surrounding the Site, there will be no relevant increase of or addition to emissions.
I. Miscellaneous.
The Site shall be developed in accordance with the site plan and/or landscape plan submitted herewith. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data, developed at the time development or engineering plans are completed. Any slight adjustments to the plan shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment.
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.