Explanation
Rezoning Application Z20-060
APPLICANT: Thortons, LLC; c/o Michael Shannon, Atty.; Underhill & Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Convenience store and fuel sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on May 13, 2021.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMEDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of part of one parcel developed with a parking lot in the CPD, Commercial Planned Development District, and is subject to the South High Street Community Commercial Overlay (CCO). The requested CPD, Commercial Planned Development District, will permit redevelopment of the site with a fuel station and convenience store. The CPD text establishes use restrictions and supplemental development standards, and includes commitments to a site plan, landscape plan, and building elevations. The proposed CPD district is consistent with the Scioto Southland Plan’s (2007) recommendation of “Commercial” land uses at this location. With the inclusion of metal fencing, brick piers, street trees, and additional landscaping along the South High Street frontage, all consistent with CCO standards, Staff is no longer in opposition of the building’s positioning, and can support the request.
Title
To rezone 2340 S. HIGH ST. (43207), being 1.65± acres located at the northeast corner of South High Street and Dering Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z20-060) and to declare an emergency.
Body
WHEREAS, application #Z20-060 is on file with the Department of Building and Zoning Services requesting rezoning of 1.65± 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 Far South Columbus 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 permits commercial development consistent with the Scioto Southland Plan’s land use recommendation, and includes metal fencing, brick piers, streets trees, and additional landscaping along the South High Street frontage, consistent with CCO standards;
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance for the immediate preservation of the public peace, property, health and safety; 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:
2340 S. HIGH ST. (43207), being 1.65± acres located at the northeast corner of South High Street and Dering Avenue, and being more particularly described as follows:
Situate in Section 4, Town 4, Range 22, City of Columbus, Franklin County, Ohio and being part of Lot 2 and Lot 3 of Nathaniel Merion’s Subdivision as recorded in P.B. 1, Pg. 331, and being part of the lands conveyed to Muze Property Management, LLC in O.R. 201212060187090, and being more particularly described as follows:
Beginning at a cross notch set at the intersection of the easterly right of way line of South High Street and the northerly right of way line of Dering Avenue, thence along the easterly right of way line of South High Street and the westerly line of said Muze Property Management, LLC lands, North 03°21’53” West a distance of 250.21 to a point in the easterly right of way line of South High Street, said point witnessed by a cross notch set South 86°38’07” West at a distance of 5.00 feet;
Thence, leaving the easterly right of way of South High Street and along a new division line through the lands of said Muze Property Management, LLC, North 86°38’07”East a distance of 286.23 feet to a 5/8 inch iron pin with cap set in the east line of said Muze Property Management, LLC lands and the west line of the lands conveyed to DMSS Leasing Company, PLL in O.R. 199808270218295;
Thence, along the east line of said Muze Property Management, LLC lands and the west line of said DMSS Leasing Company, PLL lands, South 00°01’32” East a distance of 267.58 feet to a 3/4 inch iron pipe found at a point in the northerly right of way line of Dering Avenue at the southeast corner of said Muze Property Management, LLC lands and the southwest corner of said DMSS Leasing Company, PLL lands;
Thence, along the northerly right of way line of Dering Avenue and the southerly line of said Muze Property Management, LLC lands, North 89°47’18” West a distance of 271.17 feet to the point of beginning;
Containing 1.6549 acres;
Subject to all existing easements and rights of way;
Property Address: 2340 S. High St., Columbus, OH 43207
Parcel ID: part of 010-007143.
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change 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 site plans being titled, “CPD PLAN SHEET 1-2,” “LANDSCAPE PLAN,” dated September 10,2021, building elevations being titled, “ELEVATIONS SHEETS 1-7,” dated June 21, 2021, and text titled, “COMMERCIAL PLANNED DEVELOPMENT TEXT,” dated October 22, 2021, all signed by Eric Zartman, Attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
Application: Z20-060
Address: 2340 South High Street
Parcels: 010-007143
Property Size: +/- 1.65 Acres
Current District: CPD
Proposed District: CPD
Area Commission: Far South Columbus Area Commission
Owners: Muze Property Management, LLC
Applicant: Thorntons, LLC
Attorney: Michael Shannon, Underhill & Hodge LLC
Date: October 22, 2021
I. Introduction: The subject property (“Site”) is approximately 1.65 +/- acres and located at the northeast corner of South High Street and Dering Avenue. The full 3.3 +/- acre property was rezoned by Ord. 0994-2010 from C-3 to CPD. The property currently operates with auto sales and auto repair establishments. This Site (the 1.65 +/- acre portion of the property) is pavement and was never developed.
To the north across Fornoff Road is a restaurant in the M, Manufacturing District. To the east is undeveloped property zoned in the L-M, Limited Manufacturing District. To the south across Dering Avenue are a single-unit dwelling in the C-4, Commercial District, and a three-unit dwelling in AR-1, Apartment Residential District. To the west across South High Street are a church and a fuel-sales facility in the C-4, Commercial District.
The Site is located within the Far South Columbus Area Commission. The Site is also located within the planning area of the Scioto Southland Plan (2007), which recommends commercial development for this location in accordance with the Community Commercial Overlay.
The Applicant will split the Site upon closing, and redevelop the property with a convenience store, retail fuel sales, and minimal outdoor display sales. The proposed convenience store is approximately 4,509 square feet with 10 double-sided fuel dispensers. The Applicant proposes rezoning the site to a Commercial Planned Development (CPD) district to accommodate the new use.
II. Permitted Uses: Those uses contained in Section 3356.03, C-4, Permitted Uses, and in Section 3357.01, C-5, Permitted Uses, shall be permitted.
III. Development Standards: Unless otherwise indicated in this Text or on the submitted development plan (“CPD Site Plan”), the applicable development standards are contained in Chapter 3356 C-4 Commercial District and Chapter 3372 Planning Overlay of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Requirements:
1. The canopy setback shall be 43 feet and building setback shall be 147 feet from South High Street.
2. The canopy setback shall be 76 feet and building setback shall be 100 feet from Dering Avenue.
3. The maximum building setback from the north interior line is 61 feet and from the east interior line is 74 feet.
B. Access, Loading, Parking, and/or other Traffic Related Commitments:
1. Access points are shown on the submitted CPD Site Plan, which include a right-in, right-out curb cut on South High Street and a full access curb cut on Dering Avenue, subject to review and approval of the City of Columbus, Public Service Department, Division of Traffic Management.
2. Parking, stacking, and circulation aisles are permitted between the principal building and street right-of-way lines.
3. A northbound right turn lane will need to be provided at the proposed access point to South High Street, as approved by the Department of Public Service.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
1. Landscaping, buffering, open space, and screening shall substantially conform to the submitted Landscape Plan.
2. Street trees shall be provided as shown on the submitted Landscape Plan.
3. Front landscaping shall provide four brick piers with fencing along both South High Street and Dering Avenue.
D. Building, Design, and/or Interior-Exterior Treatment Commitments:
1. Building, design, and treatments shall substantially conform to the submitted Elevations. Primary and accessory structures will be developed with uniform design and finishes and shall primarily be comprised of brick and stone building materials. Canopy columns and dumpster materials shall match those used on the primary building.
2. The minimum allowed building width of the South High Street building frontage is 40% of the lot width.
3. The maximum permitted spacing of the building’s vertical visual elements is 46 feet apart.
4. The fuel canopy may be detached from the principal building and located in front of the building’s primary frontage.
E. Dumpsters, Lighting, Outdoor Areas, and/or other Environmental Commitments:
The dumpster area may be located between the building and Dering Avenue, as shown on the CPD Plan.
F. Graphic and Signage Commitments: Graphics on the Site will comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District for C-4 uses. Variances to the sign requirements shall be submitted to the Columbus Graphics Commission or master graphic plan for the Site may be submitted to the Columbus Graphics Commission for consideration.
G. CPD Criteria:
1. Natural Environment. The Site is approximately 1.65 acres and located at the northeast corner of South High Street and Dering Avenue. South High Street is a commercial corridor.
2. Existing Land Use. The property is zoned CPD and currently operates with auto sales and auto repair establishments. This Site (the 1.65 +/- acre portion of the property) is pavement and was never developed.
3. Transportation and Circulation. The Site is accessed via curb cuts on South High Street and Dering Avenue. The internal circuity shall be as shown on the submitted CPD Site Plan.
4. Visual Form of the Environment. The neighborhood is generally developed with manufacturing, commercial and multifamily uses.
5. View and Visibility. The Site can be viewed from South High Street and Dering Avenue. Consideration shall be given to the visibility and safety of motorists in the development of the area and location of buildings and access points.
6. Proposed Development. To redevelop the property with a convenience store, retail fuel sales, and minimal outdoor display sales.
7. Behavior Patterns. The development and behavior pattern of this area supports commercial and manufacturing uses.
8. Emission. No adverse effect from emissions shall result from the proposed development.
H. Modification of Code Standards:
3321.01(A)/3327.707(F) - Dumpster area. To allow dumpster area between building and Dering Avenue.
3372.704(A) - Building setback requirements from primary street. To increase the required canopy setback from 25 feet to 43 feet and building setback from 25 feet to 147 feet from South High Street.
3372.704(B) - Building setback from non-primary street. To increase the maximum canopy setback from 25 feet to 76 feet and building setback from 25 feet to 100 from Dering Avenue.
3372.704(C) - Building setback from interior lot line. To increase the maximum building setback from north interior lot line from 50 feet to 61 feet and from the east interior lot line from 50 feet to 74 feet.
3372.704(D) - Parking lot setback line. To decrease the minimum parking lot setback from 25 feet to 5 feet from South High Street.
3372.705(B) - Building width. To reduce the minimum building width of the primary building frontage from 60% to 40% of the lot width.
3372.705(E) - Vertical visual elements. To increase the permitted maximum spacing vertical visual elements from 35 feet apart to 46 feet apart.
3372.705(G) - Canopy. To allow the fuel canopy to be detached from the principal building and to be located in front of the building’s primary frontage.
3372.709(A) - Parking and circulation. To allow parking, stacking, and circulation aisles between the principal building and street right-of-way lines.
I. Miscellaneous:
1. The subject site shall develop in accordance with the attached Site Plan titled “CPD Plan Sheets 1-2” and Landscape Plan titled “Landscape Plan.” The Site Plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the Site Plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
2. The buildings shall be constructed in accordance with the submitted building elevations titled, “Elevations Sheets 1-7.” The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development plan and when engineering and architectural drawings are completed. Any slight adjustments to the building elevations shall be 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 proposed adjustment.
3. Abandoned service stations, filling stations or fuel sales establishments will be addressed in accordance with 3357.18 of the Columbus City Code.
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.