Explanation
Rezoning Application # Z09-040
APPLICANT: Skilken D.S.; c/o Seth Dorman, Agent; 4270 Morse Road; Columbus, OH 43230.
PROPOSED USE: Retail pharmacy with drive-thru.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-1) on August 12, 2010.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The 2.13± site encompasses a vacant used car lot in the C-4, Commercial District, an undeveloped lot in the R-2, Residential District, and an unutilized portion of a parcel that is used for the neighboring fast-food restaurant's drive-thru circulation in the L-C-4, Limited Commercial District. The applicant requests the CPD, Commercial Planned Development District for a retail pharmacy with a drive-thru. The site is located within the planning area of the Scioto Southland Plan (2007), which identifies the intersection of South High Street and Williams Road as a neighborhood center, and recommends mixed-use commercial development for this location in accordance with the Community Commercial Overlay (CCO). The CPD plan and text commit to a landscape plan and elevation drawings, and include use restrictions and development standards that address building and parking setbacks, screening, landscaping, outside display provisions, bicycle parking, and lighting controls. Variances for CCO requirements pertaining to building and parking setbacks, building width percentage, window glass percentage, and parking and circulation are included in the request. While supportive of the proposed use, Staff is not supportive of the requested variances and believes that there is no reason the development cannot comply with the Overlay requirements. Staff does, however, recognize that the development is generally compliant with the Regional Commercial Overlay (RCO), and that this portion of South High Street was originally to be designated within the RCO as it was along the west side of South High Street, but the community ultimately wanted the east side to be designated in the CCO.
Title
To rezone 3408 SOUTH HIGH STREET (43207), being 2.13± acres located at the northeast corner of South High Street and Williams Road, From: C-4, Commercial, L-C-4, Limited Commercial, and R-2, Residential Districts, To: CPD, Commercial Planned Development District (Rezoning # Z09-040).
Body
WHEREAS, application #Z09-040 is on file with the Department of Building and Zoning Services requesting rezoning of 2.13± acres from C-4, Commercial, L-C-4, Limited Commercial, and R-2, Residential Districts to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Far South Columbus Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend disapproval of said zoning change because although Staff is supportive of the proposed use and landscaping plan, it is not supportive of the requested variances to the Community Commercial Overlay, and believes that there is no reason the development cannot comply with the Overlay requirements, 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:
3408 SOUTH HIGH STREET (43207), being 2.13± acres located at the northeast corner of South High Street and Williams Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, containing 2.125 acres of land, more or less, being all of Lot 8 and Lot 77 and portions of Lots 7 and 108 of Homes Acres Addition as the same is numbered and delineated upon the record plat thereof in Plat Book 16, Page 23 of the Franklin County Recorder's Office, Columbus, Ohio, being more particularly bounded and described as follows:
Said 2.125 acre parcel being all of Lot 8 as conveyed to F & R Limited Partnership in OR 31118 E14; all of Lot 77 conveyed to RF Venture, LLC in Instrument No. 19970180050052; the portion of Lot 7 conveyed to RF Venture I, LLC in Instrument No. 199707280056313; and part of Lot 108 conveyed to Burger King in OR 11549 H18;
Beginning at a point in the intersection of the easterly line of S. High Street, (said point being located easterly 50 feet, as measured at right angles from the centerline of S. High Street), with the northerly line of Williams Road (60 feet in width), said point being the southwesterly corner of Lot 8 of Home Acres Addition and also being the true point of beginning for the parcel herein described;
Thence N 19º 29'00" E, with the easterly line of S. High Street, with the west lines of Lot 8 and Lot 7, a distance of 262.14 feet to a point on the southerly line of a 0.498 acre tract conveyed to Burger King in OR 12555 G14;
Thence with the southerly line of said Burger King tract, S 85º44'00" E, crossing the easterly lot line of Lot 7 at 200.00 feet, a distance of 331.71 feet to a point on the east line of Lot 108;
Thence with the easterly line of Lot 108 and Lot 77, S 04º10'00" W, passing the southerly line of Lot 108 at 45.36 feet, a distance of 252.83 feet to a point on the northerly right-of-way line of Williams Road (60' R/W), said point also being the southeast corner of Lot 77;
Thence with the northerly right-of-way line of Williams Road (60' R/W), and the southerly lines of Lot 77 and Lot 8, N 85º45'00" W, a distance of 400.51 feet to the true point of beginning and containing 2.125 acres, more or less, and being subject to all easements, convenants, and restrictions of previous record.
The basis of bearings is the centerline of S. High Street, assigned the bearing of N 19º29'00" E.
This description was prepared by Thomas Rybski, Ohio Registered Surveyor No. 6841, of P & L Systems, Inc. from record information and is for zoning purposes only.
To Rezone From: C-4, Commercial, L-C-4, Limited Commercial, and R-2, Residential Districts,
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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map 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 of the Columbus City Codes; said plans being titled, "ZONING SITE PLAN, " "LANDSCAPE PLAN, " and "BUILDING ELEVATIONS, " and text titled, "CPD TEXT," all signed by Seth Dorman, Agent for the Applicant, dated October 10, 2010, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 3408 S. High Street (NEC of S. High Street & Williams Road)
OWNER(S): F&R L P (Paul Ricart); RF Venture I, LLC; and Burger King Corp.
APPLICANT: Skilken D.S.
DATE OF TEXT: October 1, 2010
APPLICATION #: Z09-040
1. INTRODUCTION: The site is an assemblage of all or portions of four properties; with a combination of C-4, LC-4 and R-2 zoning. The applicant wants to redevelop the properties as a single use retail pharmacy with a prescription drop-off and pick-up drive through.
2. PERMITTED USES: The permitted uses are those contained in Section 3356, C-4, Commercial District of the Columbus City Code.
3. USE EXCLUSIONS: From the permitted uses outlined above, the following uses shall be excluded: (1) Building Material and Supplies Dealers; (2) Bars, Cabarets and Nightclubs; (3) Missions/Temporary Shelters; (4) Pawn Brokers; (5) Recreational Vehicle Dealers; (6) Vending Machine Operators; (7) Automotive Maintenance and Repair; (8) Bowling Centers; (9) Drive-In Motion Picture Theaters; (10) Hotels and Motels; (11) Animal Shelter; and (12) Halfway House.
4. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted written text, the applicable development standards shall be those contained in Chapters 3356 (C-4, Commercial District), and 3372 (Community Commercial Overlay), of the Columbus City Code.
A. Density, Height, Lot Coverage, and Setback Requirements:
1. The site will be developed with a retail pharmacy with gross area not to exceed fourteen-thousand (14,000) square feet and a prescription drop-off/pick-up drive through canopy with two (2) lanes. The inner lane (closest to the building) will be for drop-off and pick-up; and the outer lane will be for drop-off only.
B. Parking Standards, Access, and Traffic:
1. The development will be served by a maximum of sixty-six (66) parking spaces as illustrated on the attached CPD Site Plan.
2. The development will include one loading space provided on the circulation drive that is along the north side of the retail pharmacy store and is adjacent to the existing Burger King restaurant.
3. The development will be served primarily by two access points; a full service curb cut on Williams Road and a shared full service curb cut on South High Street as illustrated on the attached CPD Site Plan, subject to review and approval by the City's Planning and Operations Division. In addition, the development and the Burger King site would enjoy cross access between the two sites as illustrated on the attached CPD Site Plan, also subject to review and approval by the City's Planning and Operations Division.
4. The developer shall install an eastbound left turn lane at the Williams Road access point with a length of 125 feet, which includes a 50 foot taper. The developer shall also provide roadway widening to accommodate two westbound lanes at the intersection of South High Street and Williams Road. The above improvements shall be continuous to provide an additional lane along Williams Road. Some signal modification work may be associated with these improvements and appropriate taper lengths shall be provided to accommodate these improvements.
C. Buffering, Landscaping, Open Space and Screening Commitments:
1. The applicant proposes a significant buffer along the east property line of the proposed development. The buffer will serve to separate the proposed commercial use from the existing residence to the east. The buffer will consist of an earthen mound installed at a height of three (3) feet and includes a staggered row of evergreen trees that will be installed at a height of six (6) feet. This will provide a significant environmental buffer and landscape screen between the commercial and residential use with an overall height of nine (9) feet and a minimum opacity of seventy-five (75) percent, which will be achieved at install.
2. A parking lot screening buffer will also be installed along the South High Street and Williams Road frontages. The buffer along South High Street and Williams Road can be a combination of both hardscape and landscape elements to a minimum height of thirty-six (36) inches and a minimum opacity of seventy-five (75) percent, which will be achieved at install.
3. The landscaping shall be maintained in a healthy fashion and dead/diseased material shall be removed and replaced with new landscaping which meets the original size requirements within six (6) months or the next planting season, whichever comes first.
4. The minimum tree trunk caliper (measured 6 inches above grade) at the time of planting shall be as follows: Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; and Evergreen - 5-6 feet. The minimum size of shrubs shall be two (2) gallons.
D. Building design and/or Interior-Exterior treatment commitments:
1. Rooftop Mechanical Screening. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel; said screening may be in the form of parapet walls, scuppers, or other similar form which serves the same purpose. Ground mounted mechanical or utility equipment shall be screened from ground level view by a screen wall that utilizes finish materials that match the convenience store.
2. Building Height. Buildings constructed on the property shall not exceed thirty-five (35) feet in height as measured from finished grade at the base of the building, excluding parapets or other roof or wall extensions the purpose of which are to add architectural detail and screening of rooftop mechanical equipment.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments:
1. Site lights will have a maximum height of eighteen (18) feet.
2. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and not shine above the horizontal plane.
3. All external outdoor lighting fixtures to be used shall be of the same, or similar, type and color to ensure aesthetic compatibility.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way as to minimize any off-site light spillage, excluding the proposed cornice cove fluorescent strip lighting that will be installed underneath the decorative cornice that is applied around the building.
5. Outdoor display and/or sales shall be limited to the following areas:
a. Outdoor displays shall only be permitted on an internal sidewalk and shall be located in a manner that maintains a four (4) foot clear walkway for pedestrians at all times.
b. The maximum height for any outside display and/or sales shall be three (3) feet, except for soda machines, ice chests, propane gas cabinets, or other comparable sales devices.
6. The dumpster enclosure will be located in the northeastern corner of the site. The enclosure will be finished on three sides with masonry to match the retail pharmacy store and wood gates (or other comparable material) on the access side.
F. Graphics and Signage requirements:
1. All graphics and signage shall comply with the applicable sections of the Zoning Code in the City of Columbus Codified Ordinances, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Information/Commitments:
1. Given the intent of this CPD to address the interaction of the pedestrian with the built environment along the South High Street and Williams Road frontages, pedestrian connections will be made between the public sidewalks and the sidewalk in front of the store providing a safe, designated location for pedestrians to cross through the pharmacy's parking lot. In addition, two (2) inverted U-shaped bike racks will be installed in a central location for customers or employees that ride their bike to the development either by choice or because of limited alternatives.
2. The site shall be developed in general conformance with the attached Site Plan, Landscape Plan and Building Elevation drawings. The Plans 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 adjustments to the Plans are subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
3. CPD Criteria:
A. NATURAL ENVIRONMENT: The site is an assemblage of four properties in a section of South High Street that is located just north of Interstate 270 and is dominated by heavy commercial uses. The majority of the subject property, located at the northeast corner of South High Street and Williams Road, is zoned C-4 and appears to be a vacant used car lot, formerly the South High Motor Cars dealership. A portion of the Burger King site is proposed to be included in this CPD and is currently a vacant portion of their parcel that was zoned LC-4 back in 1987 and was approved for parking and drive through circulation in support of the restaurant. Finally, a parcel on Williams Road that is zoned R-2 for residential use and is not presently being used as a residence is being included in this CPD.
B. EXISTING LAND USES: Immediately north of the proposed site is a Burger King Restaurant that is located on the southeast corner of South High Street and Colton Road. West of the proposed site and across South High Street is a commercial building that is home to a t-shirt and sign shop. Beyond this building is a mobile home park located along Williams Road, just west of South High Street. South of the proposed site and across Williams Road is a combination of commercial uses and residential uses. At the immediate corner on the south side of Williams Road is the Ohio Deli & Restaurant operating out of a former Sister's Chicken restaurant building. To the east of the Ohio Deli & Restaurant is a mobile home park.
C. TRANSPORTATION AND CIRCULATION: The proposed development will eliminate the two existing full service curb cuts on South High Street and replace it with a shared full service curb cut generally situated on the north property line. The plan calls for one full service curb cut on Williams Road and presently there is one full service curb cut. Internally, the site plan has been designed to provide for two-way circulation around the store and to allow for the delivery truck movement into, around and out of the site. In addition, ample stacking spaces have been provided for the two lane prescription drive through that is proposed as part of this CPD.
D. VISUAL FORM OF THE ENVIRONMENT: The proposed retail pharmacy will primarily replace the presently vacant South High Motor Cars used car lot. The proposed development will bring an upscale retail store to an older section of High Street that is surrounded by very heavy commercial and some manufacturing uses. The proposed use is the perfect transition between the heavier uses along South High; from Interstate 270 north to Williams Road, including Lowe's, Kroger Marketplace and Wal-Mart, and the residential uses along Williams Road. The proposed pharmacy provides the residence with a neighborhood service retail use that they can utilize for their prescription needs as well as some convenience items. The development has been designed to integrate pedestrian and bicycle traffic into the built environment.
E. VIEW AND VISIBILITY: Though the proposed use is a neighborhood services type retail use; it will have an impact on the view and visibility of the existing residents in the mobile home park and of the single family homes along Williams Road. In recognition of that impact, the applicant has designed a significant buffer and screening plan that will minimize that impact to the greatest extent. On the rear of the property (east), the applicant has committed to installing a mound and landscape buffer with an overall height of nine (9) feet with a minimum opacity of 75%. This will provide the nearest resident to the east with significant protection from the proposed use. We recognize that a parking lot means headlights to the neighbors across the street in the mobile home park and to address those concerns we are planning a buffering system that can include a combination of hardscape (i.e., walls) and landscape to block the glare of the vehicle headlights as they are pulling into the parking lot after dark. The vehicle headlight buffer will wrap around and continue along the South High Street frontage as well.
F. PROPOSED DEVELOPMENT: The applicant has proposed a 14,000 square foot retail pharmacy with a prescription drop-off/pick-up, two lane drive through. The store will be serviced by a parking lot with a maximum of sixty-six (66) parking spaces and one (1) loading space. In addition, pedestrian connections and two (2) bike racks will be provided to allow for the safe integration of motorized and non-motorized traffic.
G. EMISSIONS: No adverse effects from emissions shall result from the proposed development.
H. BEHAVIOR PATTERNS: The proposed development will not adversely impact the current behavior patterns of the surrounding area and roadway network, in fact if approved this site plan will improve the behavior patterns of the surrounding area and roadway network. The proposed development eliminates two full service curb cuts on South High Street and replaces them with one shared full service curb cut positioned on the north property line. A pedestrian circulation system has been designed that will provide a safe and convenient location for pedestrians or bicyclists to connect to the CVS/pharmacy from the public sidewalks. Having a vacant lot redeveloped will be beneficial to the neighborhood in that certain activities that take place on vacant lots can be quelled by the operation of a thriving business.
5. CODE VARIANCES: The following are the areas in which the proposed development deviates from Chapter 3372, Community Commercial Overlay of the Columbus City Code:
Section 3372.704 (a) Along a primary street, the setback for a building or structure shall be twenty-five (25) plus or minus two (2) feet, however, a maximum of one-third (1/3) the overall width of such building or structure may be located up to five (5) feet in advance of and/or up to fifteen (15) feet beyond the twenty-five (25) plus or minus two (2) foot line. At the closest point, the proposed building is seventy-two (72) feet from the High Street right-of-way.
Section 3372.704 (b) Along a street that is not a primary street, the setback for a building or structure shall be a minimum of ten (10) feet and a maximum of twenty-five (25) feet. At the furthest point, the proposed building is seventy-eight (78) feet from the Williams Road right-of-way.
Section 3372.704 (c) The setback for a building or structure from an interior lot line shall be a maximum of fifty (50) feet at the front building line. At the front building line the store will be fifty-five (55) feet from the northern interior lot line.
Section 3372.704 (d) The setback for a parking lot along a primary street shall be a minimum of twenty-five (25) feet and a minimum of five (5) feet along any other public way. The parking lot along High Street is ten (10) feet at its closest point and forty-three (43) feet at its furthest point.
Section 3372.705 (b) The width of a principal building(s), including any significant architectural appurtenances thereto, along a primary building frontage shall be a minimum of sixty (60) percent of the lot width; except for a building serving an activity that occurs outside a structure. The width of the lot, accounting for the proposed right-of-way is two-hundred and thirty-six (236) feet; thus the side of the building facing High Street plus any appurtenances would have to be one-hundred and forty-two (142) feet. As proposed, the short side of the pharmacy building addresses High Street and has a width of ninety-six (96) feet or roughly forty-one (41) percent of the width of the lot.
Section 3372.705 (f) For a primary building frontage of a commercial use, a minimum of forty (40) percent of the area between the height of two (2) and ten (10) feet above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four (4) feet. For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of ten (10) feet. As proposed the pharmacy building does not meet this requirement.
Section 3372.709 (a) Parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. As proposed the development does not comply with this requirement as parking and circulation are provided between the principal building and the public street right-of-ways.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.