Explanation
Rezoning Application Z06-073
APPLICANT: Island Bend LLC; c/o David L. Hodge, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Expansion of an existing retail store.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 14, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will the allow expansion of an existing retail use and is consistent with the development patterns of the area. Staff supports the parking variance because there is excess parking immediately to the south of the site. It has been determined that the proposed setback reductions and maneuvering reduction will not have a negative impact on the expansion of Interstate 270 or on the adjacent sites.
Title
To rezone 5900 BRITTON PARKWAY (43016), being 13.4± acres located on the east side of Britton Parkway, 209± feet south of Tuttle Crossing Boulevard, From: L-C-4, Limited Commercial District.To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-073)
Body
WHEREAS, application #Z06-073 is on file with the Building Services Division of the Department of Development requesting rezoning of 13.4± acres from the L-C-4, Limited Commercial District to the 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 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 of said zoning change because the requested CPD, Commercial Planned Development District will the allow expansion of an existing retail use and is consistent with the development patterns of the area. Staff supports the parking variance because there is excess parking immediately to the south of the site. It has been determined that the proposed setback reductions and maneuvering reduction will not have a negative impact on the expansion of Interstate 270 or on the adjacent sites; 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:
5900 BRITTON PARKWAY (43016), being 13.4± acres located on the east side of Britton Parkway, 209± feet south of Tuttle Crossing Boulevard, and being more particularly described as follows:
ZONING DESCRIPTION
13.40 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Virginia Military Survey Number 2418, being all of that 13.400 acre tract conveyed to Joseph Lefkowitz Trustee, Bonnie Alter, Charles Alter, Bonnie Alter Custodian for Melissa Alter, Rochelle Lejkowitz Custodian for Joshua Kramer, Jiffy Parking Corp., Joel L. Lefkowitz by deed of record in Official Record 33665I14 and being part of Lot 2 and Part of Lot 3 of "Tuttle Crossing Southwest", a subdivision of record in Plat Book 78, Pages 75 and 76 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Tuttle Crossing Boulevard and Britton Parkway;
Thence North 79° 37' 33" East, a distance of 239.73 feet, with the centerline of said Tuttle Crossing Boulevard, to a point;
Thence South 10° 22' 27" East, a distance of 54.57 feet, across said Tuttle Crossing Boulevard, to the TRUE POINT OF BEGINNING;
Thence with the perimeter of said 13.400 acre tract, the following courses and distances;
North 79° 17' 32" East, a distance of 33.00 feet, to a point;
South 10° 42' 28" East, a distance of 25.00 feet, to a point;
North 81° 12'05" East, a distance of 150.08 feet, to a point;
North 85° 00'10" East, a distance of 251.25 feet, to a point;
South 82° 16' 22" East, a distance of 94.87 feet, to a point,
South 27° 49' 01" East, a distance of 373.86 feet, to a point;
South 32° 57' 20" East, a distance of 341.49 feet, to a point;
South 62° 10' 59" West, a distance of 218.42 feet, to a point;
North 27° 49' 01" West, a distance of 23.00 feet, to a point;
South 62° 10' 59" West, a distance of 387.83 feet, to a point;
North 50° 52' 28" West, a distance of 18.15 feet, to a point;
South 39° 07' 32" West, a distance of 55.49 feet, to a point;
North 50° 52' 28" West, a distance of 393.66 feet, to a point of curvature to the right;
With the arc of said curve, having a radius of 310.00 feet, a central angle of 40° 10' 00", an arc length of 217.32 feet, and a chord which bears North 30° 47' 28" West, a chord distance of 212.90 feet, to a point;
North 10° 42' 28" West, a distance of 147.32 feet, to a point;
North 79° 17' 32" East, a distance of 71.68 feet, to a point;
North 62° 10' 59" East, a distance of 238.88 feet, to a point;
North 27° 49' 01" West, a distance of 73.23 feet, to a point;
North 41° 55' 52" West, a distance of 141.60 feet, to a point;
North 10° 42' 28" West, a distance of 27.23 feet, to the TRUE POINT OF BEGINNING, containing 13.40 acres of land, more or less.
To Rezone From: L-C-4, Limited Commercial 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 being titled, "CPD SITE PLAN," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated April 2, 2007and said elevations being titled, "STORE #2471," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated January 16 April 2, 2007; and text titled, "CPD TEXT," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated April 3, 2007, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 5900 Britton Parkway
OWNER: Island Bend LLC
APPLICANT: Island Bend LLC
DATE OF TEXT: 4/3/07
APPLICATION NUMBER: Z06-073
1. INTRODUCTION: The subject property was rezoned in 1992 in Z92-023 for commercial development. A portion of the frontage along Britton Parkway was rezoned in 1995 in Z95-005 to eliminate gas usage. The proposed application brings the subject site under one zoning case and permits the expansion of the existing commercial store by adjusting the setback along I-270, reducing the number of required parking spaces and modifying the parking lot layout. The adjacent shopping center to the south has parking spaces in excess of the zoning code requirement and will allow the subject property owner to use 85 parking spaces under a license agreement. The existing building will be repainted to match the colors of the adjacent shopping center.
2. PERMITTED USES: Those uses contained in Chapter 3356, C-4, of the Columbus City Code except for the following uses:
billboard, off-premise graphic unless part of a graphics plan
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the written text or site plan, the applicable development standards are contained in Chapter 3356 of the Columbus City Code.
A. Density, Lot and/or Setback Commitments.
1. The minimum building setback from I-270 shall be 75 feet except for the portion of the building shown on the submitted site plan and for the pallet enclosure which shall have a minimum setback of 25 feet from I-270.
2. The minimum building setback from Tuttle Crossing Boulevard and Britton Parkway shall be 50 feet.
3. The minimum parking and maneuvering setback from I-270, Tuttle Crossing Boulevard and Britton Parkway shall be 25 feet.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
N/A1. The property owner shall pay 25% of the cost of installation of a traffic signal at the intersection of the subject site's curbcut with Hirth Road and Britton Parkway if and when the traffic signal is warranted. Cost of the installation of the traffic light shall be limited to the installation of traffic signal pole foundations, poles, mast arms, traffic lights, signal detectors, controller cabinet and other electronics, wiring, and labor.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Within the setback area along Tuttle Crossing Boulevard and Britton Parkway a 3 foot average height continuous planting hedge, fence, wall, earth mound or combination thereof shall be installed as well as one tree per 40 feet of frontage or fraction thereof shall be installed. Trees do not have to be equally spaced, but may be grouped.
2. Any open vehicular use area, excluding loading, unloading and storage areas, containing 20 or more vehicular parking spaces shall provide interior landscaping in addition to previously required perimeter landscaping. Interior landscaping may be peninsular or island type. For each 100 square feet or fraction thereof, of vehicular use area, minimum total of 5 square feet of landscaped area shall be provided. Landscaped areas shall contain one tree per every ten parking spaces. The interior landscaping required in this paragraph shall count toward satisfying the landscaping requirements contained in Section 3342.11 Landscaping of the Columbus City Code.
3. All loading docks which are visible from either Tuttle Crossing Boulevard or Britton Parkway shall be screened to a height of ten (10) feet with either mounding, planting, fence, wall or combination thereof. Plant material shall be a combination of deciduous and evergreen trees and shall have a winter opacity of at 50% and a summer opacity of at least 70%.
4. The setback area along I-270 shall be landscaped in accordance with the submitted site plan.
5. Minimum size of all trees at installation shall be 2 1/2 inch caliper for deciduous, 5 feet for evergreens and 1 1/2 inch for ornaments. Tree caliper is measured six inches from the ground.
6. All landscaping shall be maintained in a healthy state. Any dead material shall be removed with like materials within six months or the next available planting season whichever occurs first. The size of the new material shall be the size of the original material when it was installed.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building shall be developed in according with the submitted building elevations. These elevations maybe slightly adjusted to reflect engineering, building materials and detailing or other site data developed at the time of development and engineers and building plans are completed. Any slight adjustment to the elevations is subject to review and approval by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. All external lighting shall be cutoff type fixtures and shall not spill any light off the property, except that uplighting may be used to illuminate landscaped areas and buildings.
2. All types of parking, pedestrian and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.
3. All light poles and standards shall be dark brown, bronze or black in color and shall either be constructed of dark wood or dark brown, black or bronze metal.
4. Parking lot lighting shall be no higher than 28 feet.
F. Graphics and/or Signage Commitments.
1. All signage and graphics shall comply with the Graphics Code, Article 15 of the Columbus City Code as it applies to the C-4 Commercial District. Any variance to the sign requirement shall be submitted to the Columbus Graphics Commission.
2. Signage may be internally or externally illuminated.
3. No roof top graphics shall be permitted.
4. The height of any free-standing graphic shall not exceed twenty (20) feet.
G. Miscellaneous Commitments.
1. The subject site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed. Any slight adjustment to the site plan shall be subject to the review and approval by the City's Director of Development or his designee.
2. Variances
a. To reduce the number of required parking spaces from 780 to 679.
b. To permit maneuvering for parking spaces to occur off the subject site.
c. To permit a portion of a parking lot driveway to be located off the subject site.
3. CPD Criteria
a. Natural Environment: The site is located on the south side of Tuttle Crossing Boulevard between I-270 and Britton Parkway.
b. Existing Land Use: The site is currently developed with a retail store.
c. Circulation: Access to the site will be from Tuttle Crossing Boulevard, Britton Parkway and from adjacent properties.
d. Visual Form / Visibility: The building elevations are included in the zoning text.
e. Proposed Development: Expansion of existing retail store.
f. Behavior Patterns: Existing development in the area has established behavior patterns.
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.