Explanation
Rezoning Application Z10-005A
Ordinance #1780-2010 (Z05-005), passed December 16, 2010, rezoned 30.0+ acres located at 6698 East Broad Street from the M-2, Manufacturing District to the CPD, Commercial Planned Development District. The rezoning established specific transportation improvement commitments. New commitments have been agreed to with the Citys Departmnent of Public Services. This legislation will amend Ordinance ##1780-2010 (Z05-005), passed December 16, 2010, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the CPD text to revise transportation improvement commitments per agreement with the Department of Public Service. Other than making the date of the text current and adding an "A" to the rezoning number, no other parts of the ordinance are changed.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #1780-2010, passed December 16, 2010 (Z10-005), for property located at 6698 EAST BROAD STREET (43213), by amending Section 3 of the ordinance to revise transportation improvement commitments per agreement with the Department of Public Service. (Rezoning Amendment # Z10-005A).
Body
WHEREAS, Ordinance#1780-2010, passed December 16, 2010, rezoned 61.0+ acres located 6698 EAST BROAD STREET from the M-2, Manufacturing District to the CPD, Commercial Planned Development District, with a specific development standard allowing only 10,000 gross square feet of building per net acre in the CPD sub area; and
WHEREAS, it is necessary to modify the CPD text of Ordinance #1780-2010, passed December 16, 2010 (Z10-005), to increase the allowed square footage in the CPD sub area; and
WHEREAS, all other aspects of the CPD text contained in Ordinance#1780-2010 (Z10-005), are unaffected by this amendment and remain in effect; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That existing Section 3 of Ordinance #1133-2007 (Z05-041), passed June 28, 2004, be hereby repealed and replaced by a new Section 3 and reading as follows:
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said official zoning map in the office of the Building and Zoning Services Division 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 and 3311.09 of the Columbus City Codes; said plans being titled, "MENARDS COLUMBUS OHIO SITE PLAN PROPOSAL", " MENARDS COLUMBUS OHIO SITE PLAN DETAILS", " MENARDS COLUMBUS OHIO BUILDING ELEVATION PROPOSAL," and " MENARDS COLUMBUS OHIO DETAIL VIEWS," all signed by Thomas O' Neil, Agent for the Applicant, and dated November 24, 2010 and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Thomas O' Neil, Agent for the Applicant, and dated February 25,2013, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICTS: Commercial Planned Development (CPD)
PROPERTY ADDRESS: 6698 East Broad Street
OWNER: Columbus Corporate Center, Inc., an Ohio corporation
APPLICANT: Columbus Corporate Center, Inc. an Ohio corporation
DATE OF TEXT: 2/25/13
APPLICATION NUMBER: Z10-005A
INTRODUCTION
The subject area is being divided into subareas to reflect zoning classifications and standards, which are thought to be appropriate for each subarea. The development will occur over an extended period of time and it will be necessary from time to time to modify the development standards and to provide for additional uses which could not be foreseen but are compatible with the uses allowed in each subarea. The development of Subarea I is planned as a Menards home improvement and building materials supply dealer, with said development of Menards at Columbus Corporate Center coinciding with the development of Menards at Northland Village.
Any subarea may be the subject of a rezoning application filed with the City of Columbus and nothing contained herein shall prevent the current or future owners of the property from filing and processing a rezoning application on any subarea.
The applicable development requirements contained in this text shall not apply to the subarea until the time of development of that subarea.
SUBAREA I - 21.36+/- ACRES
1. PERMITTED USES: The following uses shall be permitted within Subarea I: Those uses listed in Chapter 3356 (C-4, Commercial District).
2. DEVELOPMENT STANDARDS: Except as otherwise noted above herein, the applicable development standards of Chapter 3356, C-4, Commercial District shall apply to Subarea I.
A. Density, Height, Lot and/or Setback commitments.
1. Setback from East Broad Street shall be twenty-five (25) feet for all parking, loading and maneuvering areas and eighty (80) feet for buildings. At the time of this zoning, the City has informed the developer it eventually plans to widen East Broad Street along the Subarea I frontage. The current East Broad Street right-of-way is not uniform in front of Subarea I and in some areas is less than the eighty (80) feet from the centerline that is necessary for the future proposed widening. At the time of site compliance plan approval, the developer shall provide the additional right-of-way necessary to achieve the requisite eighty (80) foot right-of-way. At such time as the Subarea I developer provides the additional right-of-way, the setback from East Broad Street shall become ten (10) feet for all parking, loading and maneuvering areas and sixty-five (65) feet for buildings.
2. Setback from Brice Road shall be ten (10) feet for all parking, loading and maneuvering areas and thirty (30) feet for buildings.
3. Setback from east property line of Subarea I shall be twenty (20) feet for parking, loading and maneuvering areas and fifty (50) feet for buildings.
4. Setback from the floodway area on the west side of Subarea I, beginning approximately seventy-five (75) feet north of the East Broad Street right-of-way line, shall be at least ten (10) feet for the north-south connector drive on the west side of Subarea I. The north-south connector drive on the west side of Subarea I may encroach upon the floodway areas within seventy-five (75) feet of the East Broad Street right-of-way line where the north-south connector drive intersects with East Broad Street in order to align with Rose Hill Road for traffic safety reasons, and in the area where the proposed roadway connection / bridge between Subareas I and II may eventually be constructed. Setback from the floodway area in Subarea I shall be fifty (50) feet for buildings. The existing vegetation within the existing floodway west of the north-south connector drive shall remain to further buffer this area. However, the existing vegetation in the floodway within seventy-five (75) feet of the East Broad Street right-of-way line may be removed or modified to allow for construction of the Rosehill Road/East Broad Street access point provided vegetation in the disturbed portion of the floodway is restored after completion of construction activities. The existing vegetation may also be removed or modified to allow for construction of the future roadway connection between Subareas I and II provided vegetation in the disturbed portion of the floodway is restored after completion of construction activities.
5. Setbacks from the floodway area on the west side of Subarea I, beginning approximately seventy-five (75) feet north of the East Broad Street right-of-way line, shall be the City approved Stream Corridor Protection Zone (SCPZ) where the SCPZ boundary is greater than the standard setback distances required in above paragraph 4, as such SCPZ boundary is illustrated and documented in the attached Exhibit A. Exhibit A contains the site plan showing the Subarea I SCPZ boundary and related documentation as approved by the City of Columbus.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. Access to East Broad Street shall be by one signalized intersection opposite Rose Hill Road.
2. Access to Brice Road shall be by one intersection opposite McCormick Boulevard and by one secondary curb cut on the Brice Road connection, to be established pursuant to the final Menards site plan.
3. There shall be established a north-south connector drive with two (2) through lanes and appropriate left turn lanes. This road is defined on the east by a stormwater detention area and a curbed landscape island adjacent to the Menards store improvements.
4. A bike rack will be installed adjacent to the building in Subarea I.
5. Upon development of Subarea I, the developer shall make the following roadway improvements:
a. Construct Brice Road as a public street from the existing western terminus to the intersection of Brice Road and McCormick Boulevard. Such improvement shall include installation of an eastbound left turn lane with a length of 150 feet at the intersection of Brice Road and McCormick Boulevard.
b. Install a westbound right turn lane with a length of 617 feet at the intersection of East Broad Street and Rosehill Road.
c. Install an eastbound left turn lane with a length of 617 feet at the intersection of East Broad Street and Rosehill Road, subject to the review and approval of the City of Columbus, Department of Public Service.
d. The developer shall make intersection improvements to the north and south legs of the intersection of East Broad Street and Rosehill Road, as approved by the City of Columbus, Department of Public Service
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Loading dock areas and the trash compacters shall be screened with a treated lumber pallet racking structure surrounding the lumberyard area.
2. A street tree row shall be established along East Broad Street containing a minimum of fifteen (15) deciduous trees planted at a maximum of forty (40) feet on center. Such trees shall be a minimum of two and one half (2 ½) inches in caliper.
3. Any surface parking lot adjacent to East Broad Street shall be screened from its right of way with a three (3) foot high continuous shrub row.
4. The minimum size of all trees at installation shall be two and one half (2 ½) inch caliper for deciduous trees, one and one half (1 ½) inches or six (6) feet high for ornamental trees, and six (6) feet high for evergreen trees.
5. All landscape materials within Subarea I shall be planted with development of the subarea and shall be maintained in a healthy fashion. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
6. The developer shall install a mixture of evergreen and deciduous trees along the length of the treated lumber pallet racking outside the right-of-way of Brice Road. These trees shall be planted in several clusters in order to provide a series of visual interruptions along the length of the treated lumber pallet racking.
7. The developer shall grant to the City a Conservation Easement over the floodway after completion of the Rosehill Road/East Broad Street access point. Said easement shall be subject to one (1) future driveway crossing, any necessary utility crossings (present or future), and any other governmental requirements.
8. The developer shall preserve a ten (10) foot conservation area along the entire length of the Subarea I east property line. The existing vegetation within the ten (10) foot conservation area shall not be disturbed. West of the ten (10) foot conservation area, the developer shall install the following screening features: Beginning approximately thirty (30) feet north of the East Broad Street right-of-way line, the developer shall install a six (6) foot tall wood fence approximately ten (10) feet west of the eastern boundary of Subarea I. Such fence shall run north approximately four hundred seventy five (475) feet from its southern starting point. From the northern termination point of the six (6) foot tall fence, the developer shall construct a landscaped mound of varying height. Such berm shall run north approximately four hundred twenty five (425) feet beyond the northern termination of the six (6) foot tall fence. This section of berm shall average between six (6) and nine (9) feet in height prior to descending to match into the existing grades adjacent to Brice Road.
D. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Buildings and landscaping may be up lit or down lit provided that such lighting does not spill over into the public right of way or the residential property to the east. Pedestrian friendly decorative lighting shall be permitted on the south elevation of the garden center located on the west side of the Menards building.
2. Outdoor display areas shall include a propane tank display and sales area in front of the building, (provided however that four (4) feet of sidewalk shall remain available to pedestrians), and a trailer display and sales area of approximately 2,000 square feet in size. The trailer display and sales area shall lie within the parking field. No additional parking spaces shall be required for this outdoor display area.
3. All light poles shall be black in color (above any base) and the poles shall be constructed of metal.
E. Graphics and Signage commitments.
1. All signage and graphics shall conform to the Columbus City Code or a Graphics Plan shall be submitted for approval by the Columbus Graphics Commission.
F. Floodplain Development.
1. That portion of the north-south connector drive constructed in the floodway adjacent to Rose Hill Road shall be a specifically allowed activity within the floodway pursuant to Section 3385.07 C., and shall be reviewed and approved for certificate of zoning clearance issuance in accordance with those activities not resulting in an increase in base flood elevations pursuant to Section 3385.08 B.
2. The proposed roadway connection / bridge to be constructed in the floodway connecting Subareas I and II shall be a specifically allowed activity within the floodway pursuant to Section 3385.07 C., and shall be reviewed and approved for certificate of zoning clearance issuance in accordance with Section 3385.08 B and C (as applicable).
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 of development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. The Building shall be developed in accordance with the submitted building elevation plan. The building elevations may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the elevations shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
3. The developer shall provide pedestrian access from East Broad Street to the front of the building.
SUBAREA II - 8.96+/- ACRES
1. PERMITTED USES: The following uses shall be permitted within Subarea II: Those uses listed in Chapter 3356 (C-4, Commercial District) and in Chapter 3357 (C-5, commercial district).
2. DEVELOPMENT STANDARDS: Except as otherwise noted above herein, the applicable development standards of Chapter 3356, C-4, Commercial District shall apply to Subarea II.
A. Density, Height, Lot and/or Setback commitments.
1. Setback from East Broad Street shall be twenty-five (25) feet for all parking, loading, and maneuvering, and fifty (50) feet for buildings.
2. Setback from Brice Road shall be ten (10) feet for all parking, loading and maneuvering areas and twenty-five (25) feet for buildings.
3. Setback from the floodway line on the east side of Subarea II shall be five (5) feet for parking, loading, and maneuvering areas and ten (10) feet for buildings. Setback shall extend to the City designated Stream Corridor Protection Zone (SCPZ) where the SCPZ boundary is greater than the standard setback distances required by this paragraph, as such SCPZ boundary is illustrated and documented in the attached Exhibit A. Exhibit A contains the site plan showing the Subarea II SCPZ boundary and related documentation as approved by the City of Columbus.
4. The transportation improvements required in Section B.4. below are based upon the expected traffic generated from the following uses in Subarea II: a 17,380 square foot Specialty Retail Center with an additional 2,500 square foot Attached Restaurant with Drive-Through Window, an 11,500 square foot Day Care Center and a 7,000 square foot Health/Fitness Club (as such uses are defined and such trips are determined in the Trip Generation Manual, 9th Edition by the Institute of Traffic Engineers.) Development of Subarea II may include uses other than listed in the previous sentence, as approved by the City of Columbus, Department of Public Service, if the aggregate traffic generated by such uses does not exceed the traffic generated for all of Subarea II as such is provided for in the Columbus Corporate -East Broad Traffic Impact Study, Change of Development Standards and Land Use, Modification of Subarea II Development, dated November 28, 2012, revised January 7, 2013 prepared by E. P. Ferris and Associates, Inc.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. Access to Subarea II shall be established via a maximum of three (3) curb cuts on Brice Road.
2. A pedestrian connection will be provided from East Broad Street to uses in Subarea II.
3. A bike rack will be installed for each building in Subarea II.
4. Upon development of Subarea II, the developer shall make the following roadway improvement: Lengthen the southbound left turn lane at the intersection of East Broad Street and Brice Road to a length of 350 feet.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Loading dock areas and the trash compacters shall be screened with a masonry wall to be built utilizing the same materials as the main building with a wood gate on the fourth side.
2. A street tree row shall be established along East Broad Street containing a minimum of ten (10) deciduous trees planted at a maximum of forty (40) feet on center. Such trees shall be a minimum of two and one half (2 ½) inch caliper.
3. The minimum size of all trees at installation shall be two and one half (2 ½) inch caliper for deciduous trees, one and one half (1 ½) inch or six (6) feet high for ornamental trees, and six (6) feet high for evergreen trees.
4. All landscape materials shall be planted with development of the respective Subarea and/or portion within the Subarea and maintained in a healthy fashion. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
5. The Developer shall grant to the City a Conservation Easement over the floodway after completion of construction of the Rosehill Road/East Broad Street access point. Said easement shall be subject to one (1) future driveway crossing, any necessary utility crossings (present or future), and any other governmental requirements.
6. Any site work required to accommodate the stream corridor protection zone and development of Subarea I will be undertaken in conjunction with the development of Subarea I. The developer will revegetate impacted areas in Subarea II along Utzinger Ditch within the proposed stream corridor protection zone limits. The revegetation plan will consist of planting trees and herbaceous plant material typical of wetlands and be designed to recreate the natural beneficial functions of this area prior to construction. Final details of the revegetation plan to be mutually agreed upon by the developer and City of Columbus Department of Recreation and Parks. This work shall not constitute development of Subarea II.
D. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. Buildings and landscaping may be up lit or down lit provided that such lighting does not spill over into the public right of way.
2. Outdoor display area shall include the sidewalk area in front of the buildings, provided however that four (4) feet of sidewalk shall remain available to pedestrians. No additional parking spaces shall be required for this outdoor display area.
3. All light poles shall be black in color (above any base) and the poles shall be constructed of metal.
E. Graphics and Signage commitments.
1. All signage and graphics shall conform to the Columbus City Code, as it applies to the C-4 and C-5 commercial district classifications, or any Graphics Plan for Subarea II approved by the Columbus Graphics Commission. Any variance to those standards shall be submitted to the Columbus Graphics Commission.
F. Floodplain Development.
1. In the event a roadway connection / bridge is to be constructed in the floodway connecting Subareas I and II, (notwithstanding that there is no requirement to construct such roadway connection/bridge), then it shall be a specifically allowed activity within the floodway pursuant to Section 3385.07 C., and shall be reviewed and approved for certificate of zoning clearance issuance in accordance with Section 3385.08 B and C (as applicable).
CPD CRITERIA WHICH APPLIES TO BOTH SUBAREA I AND II
1. NATURAL ENVIRONMENT:
The site is undeveloped.
2. EXISTING LAND USES:
To the north across Brice Road industrial development; to the east multi-family development; to the west across Brice Road: commercial development and to the south across East Broad Street commercial and multi-family development.
3. TRANSPORTATION AND CIRCULATION:
Access to the site shall be via East Broad Street and Brice Road.
4. VISUAL FORM OF THE DEVELOPMENT:
The site shall be developed in accordance with the zoning text.
5. VIEW AND VISIBILITY:
In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
6. PROPOSED DEVELOPMENT:
Commercial as permitted under this text.
7. EMISSIONS:
No adverse affects from emissions shall result from the proposed development.
8. BEHAVIOR PATTERNS:
The proposed development would serve the growing Columbus residential population as well as the motorists who use East Broad Street to get to their place of employment.
VARIANCES REQUESTED WITH RESPECT TO EITHER SUBAREA I OR II
A. To reduce the building setback on East Broad Street from 80 to 50 feet within Subarea II.
B. To reduce the minimum amount of parking otherwise required by code to 410 parking spaces within Subarea I.
C. To eliminate the 5' parking lot screening otherwise required by code within Subarea I.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.