Explanation
Rezoning Application # Z06-068
APPLICANT: Marathon Petroleum Company, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Retail filling station and convenience store.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0-1) on October 12 (6-0) on November 9, 2006.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would permit a retail filling station and convenience store. The CPD plan and text incorporate use restrictions, appropriate building and parking setbacks, street trees, headlight screening, mounding, and a twenty-foot wide landscaped buffer to the residential uses to the west. The Northeast Plan (1994) recommends low-density residential use for the site, but the Plan is currently being updated, and it has been determined that the proposed use is appropriate and consistent with the development patterns in the area.
Title
To rezone 2845 STELZER ROAD (43219), being 2.5± acres located on the west side of Stelzer Road, 260± feet south of McCutcheon Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-068)
Body
WHEREAS, application #Z06-068 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.5± acres from L-C-4, Limited Commercial 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 to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the North East 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 would permit a retail filling station and convenience store. The CPD plan and text incorporate use restrictions, appropriate building and parking setbacks, street trees, headlight screening, mounding, and a twenty-foot wide landscaped buffer to the residential uses to the west. The Northeast Plan (1994) recommends low-density residential use for the site, but the Plan is currently being updated, and it has been determined that the proposed use is appropriate and consistent with the development patterns in the area, 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:
2845 STELZER ROAD (43219), being 2.5± acres located on the west side of Stelzer Road, 260± feet south of McCutcheon Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and Quarter Township 2, Township 1, Range 17, United States Military Lands, and being a 2.508 acre parcel out of the remainder of the original 5.699 acre tract conveyed to Newark Ohio CVS, Inc. in Instrument Number 200510260225571, with all record references herein cited being to records of the Franklin County Recorder's Office, Columbus, Ohio, and said 2.508 acre parcel being more particularly bounded and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 7778 marking the intersection of the original centerline of Stelzer Road and the centerline of McCutcheon Road, and said monument being referenced by Franklin County Geodetic Survey Monument Number 8858 bearing S 03º 57'33" W, at a distance of 2148.76 feet and Franklin County Geodetic Survey Monument Number 5154 bearing N 87º 46'08" W, at a distance of 414.61 feet;
Thence S 03º 57'33" W, along said original centerline of Stelzer Road, and along a portion of the common line between said Quarter Township 2 and Quarter Township 1 of said Township 1, Range 17, United States Military Lands, a distance of 310.75 feet to a point;
Thence N 86º 02'27" W, leaving said original centerline of Stelzer Road and said common line between Quarter Townships 2 and 1, a distance of 50.00 feet to an iron pin set on the westerly right-of-way line of said Stelzer Road as conveyed to the City of Columbus as a 0.516 acre tract in Deed Book 2698, Page 645, the easterly line of said Newark Ohio CVS, Inc. remainder tract and at the southeasterly corner of the 2.102 acre tract conveyed to CVS 8423 OH, L.L.C. in Instrument Number 200510260225576, and said iron pin set being the true point of beginning of the parcel herein described;
Thence S 03º 57'33" W, along said westerly right-of-way line of Stelzer Road and a portion of said easterly line of the Newark Ohio CVS, Inc. remainder tract, passing a bent iron pin found at a distance of 197.41 feet, a total distance of 305.00 feet to an iron pin set;
Thence N 86º 02'27" W, leaving said existing westerly right-of-way line of Stelzer Road and said easterly line of the Newark Ohio CVS, Inc. remainder tract, and along a line crossing said remainder tract, a distance of 356.04 feet to an iron pin set on the westerly line of said remainder tract and the easterly line of Lot Number 5 of Jordan Estates, a subdivision of record in Plat Book 51, Page 113;
Thence N 03º 09'46" E, along said westerly line of the Newark Ohio CVS, Inc. remainder tract and a portion of said easterly line of Lot Number 5, and along the easterly line of Lot Number 4 of said Jordan Estates and a portion of the easterly line of Lot Number 3 of said Jordan Estates, passing an iron pin found at the common corner of said Lot Numbers 4 and 3 at a distance of 204.61 feet and another iron pin found at a distance of 281.70 feet, a total distance of 305.03 feet to an iron pin set at the southwesterly corner of said CVS 8423 OH, L.L.C. 2.102 acre tract;
Thence S 86º 02'27" E, leaving said westerly line of the Newark Ohio CVS, Inc. remainder tract and said easterly line of Lot Number 3, and along the southerly line of said CVS 8423 OH, L.L.C. 2.102 acre tract, a distance of 360.28 feet to the true point of beginning of the parcel herein described, containing 2.508 acres, more or less, and subject to all legal easements, conditions, restrictions and rights-of-way of previous record.
The basis of bearings for this description is the original centerline of Stelzer Road, being
S 03º 57'33" W, as described in the description of the 0.0237 acre parcel conveyed to the City of Columbus, Ohio in Official Record 28209J03, Franklin County Recorder's Office, Columbus, Ohio.
The "iron pins set" are 3/4 inch inside diameter, 30 inch long hollow iron pipes with a yellow plastic cap stamped "P & L Syst.". The "iron pins found" are 3/4 inch inside diameter, hollow iron pipes in good condition, unless otherwise noted.
The 2.508 acre parcel herein described consists of 1.637 acres out of Franklin County Auditor's Parcel Number 520-143582 and 0.871 acres out of Franklin County Auditor's Parcel Number 520-218741.
The foregoing description was prepared by P & L Systems, Inc., in May of 2006, and is based upon recorded information and actual field surveys of the premises conducted between March of 2000 and April 2006.
To Rezone From: L-C-4, Limited Commercial 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 plans being titled, "REZONING PLAN," "LANDSCAPE PLAN," and "BUILDING/CANOPY ELEVATIONS," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," dated June 7, 2007, all signed by Jeffrey L. Brown, Attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 2845 Stelzer Road
OWNER: Newark OH CVS, Inc.
APPLICANT: Speedway Superamerica LLC
DATE OF TEXT: June 7, 2007
APPLICATION NUMBER: Z06 -068
INTRODUCTION:
The property subject to this rezoning is approximately 2.5 acres in size. It is located at 2845 Stelzer Road (the site). The site is currently zoned in the L-C-4, Limited Commercial. Property to the north across McCutcheon is currently zoned in the C-3, Commercial and R-1, Residential Districts. Vacant property east of the site across Stelzer Road has recently been rezoned to the CPD, Commercial Planned Development District. Property south of the site is zoned in the R-1, Residential and PUD-8, Planned Unit Development Districts. Property west of the site is zoned in the R-1, Residential District and is developed with single-family dwellings.
1. PERMITTED USES.
The only permitted uses are those contained in Chapter 3356, C-4, Regional Scale Commercial District, and a retail filling station and convenience store, except that the following uses are prohibited: Automobile Sales Leasing and Rental; Automobile and Light Truck Dealers; Automotive Maintenance and Repair; Bowling Centers; Business College; Bars, Cabarets and Nightclubs; Dance Hall, Electric Substation; Funeral Parlor; Hotels and Motels; Motor Bus Terminal; Motion Picture Theater; Off Premise Graphics; Poolroom; Private Club; Public Parking Garage for Pay; Public Parking for Pay; Testing or Experimental Laboratory' Trade School; Commercial Radio Transmitting or Television Station, Appurtenances including Cellular Towers, Animal Shelter, Armored Car, Investigation Guard & Security Astrology, Fortune Telling & Palm Reading, Billboards, Blood & Organ Banks, Cabarets & Nightclubs, Checking Cashing & Loans, Coin Operated Laundries, Community Food Pantry, Crematory, Drive-In-Motion Picture Theaters, Farm Equipment & Supply Store, Halfway House, Hospitals (does not prohibit an urgent care facility), Mission/Temporary Shelters, Monopole Telecommunication Antennas, Motorcycle, Boat & Other Motor Vehicle Accessories & Parts dealers, Outdoor Power Equipment Stores, Parking lots & Garages (except as an accessory use), Pawn Brokers, Performing Arts, Spectator Sports & related Industries, Recreational Vehicle Dealers, Repossession Services (except for office component of said business), Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental, & Leasing, Veterinarian (unlimited practice), Warehouse Club and or Super Center, Rent-To-Own.
2. DEVELOPMENT STANDARDS.
A. Density, Height, Lot and/or Setback Commitments.
1. Parking setback shall be a minimum 20-foot landscape buffer from the right-of-way of Stelzer Road and the western property line.
2. There shall be a four (4) foot wide pedestrian sidewalk within the right-of-way of Stelzer Road along the entire frontage of the property.
3. Lot coverage will not exceed 80%.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. All curb cuts and on-site maneuvering shall be subject to final approval by the City of Columbus Transportation Division prior to issuance of zoning clearance.
2. Major driving aisles and curb lanes shall be defined with raised-curb island dividers or medians. Raised areas shall be planted and maintained with trees and other landscaping to increase visibility of the island or divider as outlined below.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. In all parking areas, headlights shall be screened from the street or adjacent properties.
2. Headlight screening may be accomplished by the use of shrubs, landscaped mounding, low brick or stone walls, topographical differences or combination thereof. The height of the screening shall be 30 inches except that said screening shall not obstruct the vision of cars entering or exiting the site.
3. One street tree shall be planted for every 30 feet of frontage along Stelzer Road. Street trees may be grouped or spaced.
4. One tree shall be planted for every ten (10) parking spaces. Trees shall be planted in islands or medians at least 5 feet wide.
5. The minimum deciduous tree caliper at installation shall be 2.5 inch caliper. The minimum ornamental tree caliper at installation shall be 1.5 inch caliper. Evergreens shall be at least 6 feet high at time of installation. The minimum size of perennials at installation shall be 2 gallons.
6. A 4' to 6' high mound shall be installed west and north of the building, as shown on the submitted landscape plan. The mounding shall be planted with white pine and arbor vitae trees, which shall be at least 6 feet high at time of installation and spaced 40' on center, as shown on the submitted landscape plan.
7. All trees and landscaping shall be well maintained. Dead items shall be replaced within 6 months or at the next planting season, whichever occurs first.
8. Along the west property line, and around the detention pond, the developer shall install a 6' solid vinyl fence to serve as a buffer and screening from this development to adjacent residential developments, as shown on the submitted landscape plan. The fence along the west property line shall be located on top of a 2' mound. All fencing shall be stepped down as necessary for the existing grades, with the bottom of the fence to the ground being no less than 2" and no more than 12". Additional dirt may be needed to maintain the proper spacing between the ground and the bottom of the fence. Buffer area will be cleared of scrub vegetation
9. There shall be a 20-foot landscape buffer from the western property line to the vinyl fence as described in C8 above. This 20-foot landscape buffer shall be planted with a mixture of hemlocks and white pine evergreen trees, which shall be a minimum of 6 feet high at time of installation and pyramidal arbor-vitae shrubs which shall be 4 feet high at time of installation, as shown on the submitted landscape plan. This landscaping and the vinyl fence along the west property line shall be installed by November 22, 2007.
10. As a further buffer to the adjacent residential property owners, a significant number of trees currently located to the north and west of the building shall be preserved, as shown on the submitted landscape plan.
11. No outdoor dining or break area for employees or customers shall be permitted on the mounding or landscaped areas. (i.e. no picnic tables in those areas)
12. A six foot high section(s) of the vinyl fence shall be installed on the west side of the parking spaces which are north of the building as shown on the submitted site plan. Ten shrubs shall be installed on the east side of that fence.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building and canopy shall be developed in accordance with the submitted elevations. Elevations may be slightly adjusted to reflect engineering, architectural detailing or other building data developed at the time of development and engineering and building plans are completed. Any slight adjustment to the elevations shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. Brick color shall be red/brown to match the CVS store to the north of the site. The band around the canopy shall not be illuminated.
2. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside permitted structures except as shown on the submitted site plan or as permitted in Section 2E (11).
3. Mechanical equipment or other utility hardware on the roof of buildings shall be screened from view by the same materials utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from view by a wall, fence or landscape material utilizing the same material or character of the building.
4. Blank facades on the rear of buildings is prohibited, therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.
E. Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting). However, buildings and landscaping may be illuminated with up-lighting from a concealed source.
2. Fifteen (15') foot high poles on 3' concrete bases will be used behind the buildings along the west side of the property. No poles on the east side of the buildings will be higher than the buildings.
3. A light shall be installed east of the approximate center of Parcel Number 010-086819. The light shall be installed east of the buffer fence described in C8 above.
4. No colored light shall be used to light the exterior of any building.
5. Landscaping at entries to parking lots and buildings shall be up-lighted by ground mounted concealed fixtures.
6. All external outdoor fixtures to be used shall be from the same or similar manufacturer type to family to ensure aesthetic compatibility. All light poles and standards shall be in dark green or black.
7. Parking lot lighting standards shall not exceed 18 feet in height and must be placed in raised islands or medians to protect both lights and vehicles from damage.
8. All wiring shall be underground.
9. The applicant shall install a sidewalk per city code in the right-of-way along Stelzer Road and sidewalks or striped pedestrian paths shall be installed from the sidewalk located in the public right-of-way to the site interior.
10. All dumpsters will be at the rear, have a gate, and enclosed on three (3) sides with brick to match the building.
11. Outdoor display and/or sales shall be limited as follows:
a. On an internal sidewalk, and at the ends of fuel pump islands only if depicted on the zoning clearance site plan; and the maximum footprint of displays at the end of fuel islands shall be four (4) feet by four (4) feet.
b. The maximum height for internal sidewalk outside display and/or sales shall be three (3) feet, except for ice chests, or propane sales devices. No payphone or vending machines except for ice machine(s) and propane tank exchange shall be permitted outside the building.
c. The outdoor display areas shall contain only those items normally and customarily sold by a convenience store and other season items and products, including but not limited to firewood, mulch, flowers, and Christmas wreaths.
F. Graphics and Signage Commitments.
1. All graphics shall conform to article 15 of the Columbus Graphics Code, as it applies to the C-4, Commercial District. Any variance of the applicable sign requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
2. Freestanding signs will be of the "monument type" having a solid brick base to match the building.
G. Miscellaneous Commitments
1. The site shall be developed in accordance with this Commercial Planned Development text and in substantial conformance with the Commercial Planned Development site plan attached hereto. Any slight adjustment to said site plan 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.
2. Prior to issuance of zoning clearance right-of-way for Stelzer Road sufficient to comply with the City of Columbus Thoroughfare Plan shall be dedicated at no cost to the City of Columbus.
3. Any outdoor sound amplification shall be at or below city noise ordinance levels as enforced by the Police Department, so as not to disturb adjacent property owners. No music shall be played on outside speakers.
4. The applicant shall specify that its private refuse hauler service the property between the hours of
6:00 a.m. and 6:00 p.m.
5. Abandonment: The retail filling station use shall be considered abandoned if it has ceased operations or is closed to the public for a minimum of 6 months in any 12 month period. The owner or lessee of the retail filling station and/or related structures shall, within seven (7) days of the beginning of the closure period referred to herein:
a. Install wheel blocks, firmly attached, across the driveway entrance to the fuel area to prohibit unauthorized vehicle parking or abandonment of motor vehicles.
b. Shall remove all signs and pumps.
c. Shall board up all windows, doors and entrances to prevent the breakage of glass and the unauthorized entrance therein.
d. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks.
e. Shall during the closure period cut all grass, remove all rubbish and weeds and continue maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
H. CPD Criteria
1. Natural Environment
The site is located south of a pharmacy development, has some minor elevation above adjacent properties, and is wooded. The road and access infrastructure are currently developed.
2. Existing Land Uses
To the east is vacant land zoned in the CPD, Commercial Planned Development District, the property to the north is zoned L-C-4, Limited Regional Scale Commercial and developed with a pharmacy, the property to the south is also zoned L-C-4, Limited Regional Scale Commercial Development, and is currently undeveloped, to the west is residentially zoned and used property.
3. Transportation and Circulation
Access infrastructure is currently in place for this development. The site will have access to Stelzer Road to the east in two locations.
4. Visual form of development.
The site will be developed in accordance with the site plan, text, and architectural elevations attached hereto.
5. View and Visibility
In the development of the subject property and the location of the building and access points, consideration was given to the adjacent property owners and to the visibility and safety of motorists and pedestrians.
6. Proposed Development
Commercial as permitted under this text.
7. Emissions
No adverse effects from emissions shall result from the proposed development.
8. Behavior Patterns
The proposed development will service the existing residential areas as well as office employees who use Stelzer Road to get to work.
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.