Explanation
Rezoning Application Z03-085
APPLICANT: CEI Engineering Associates; c/o Victoria Newell; 230 Bradenton Avenue; Dublin, Ohio 43017.
PROPOSED USE: Gasoline sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 11, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District with the addition of gasoline sales is consistent with the recommendation of the Northwest Plan which calls for supporting development under the existing zoning district.
Title
To rezone 5870 SAWMILL ROAD (43235), being 10.15± acres located on the east side of Sawmill Road, 310± feet east of Sawmill Road and 260± feet north of Reflections Drive, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z03-085)
Body
WHEREAS, application #Z03-085 is on file with the Building Services Division of the Department of Development requesting rezoning of 10.15± 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 City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District with the addition of gasoline sales is consistent with the recommendation of the Northwest Plan which calls for supporting development under the existing zoning district, 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:
5870 SAWMILL ROAD (43235), being 10.15± acres located on the east side of Sawmill Road 310± feet east of Sawmill Road and 260± feet north of Reflections Drive, and being more particularly described as follows:
LEGAL DESCRIPTION FOR 5870 SAWMILL ROAD, COLUMBUS, OHIO 10.15 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 2, Range 19, United States Military Lands, all references being to records in the Recorder's Office, Franklin County, Ohio and bounded and described as follows
Situated at an iron pin set in the northerly line of Tuller Farms Ltd. 29.578 acre tract (Parcel III), of record in Official Record 1956G13, the southerly line of "REFLECTIONS AT TULLER SQUARE", said iron pin being located South 86 degrees 02'45" East, a distance of 310.10 feet from the intersection of said line with the easterly right-of-way line of Sawmill Road.
Thence South 86 degrees 02'45" East along said southerly line of "REFLECTIONS AT TULLER SQUARE", the southerly terminus of Reflections Drive (of record in Plat book 63, page 24 and being 60 feet in width) and the southerly line of "TULLERS PLANTATION", a distance of 988.63 feet to an iron pin found in the westerly line of the State of Ohio, Ohio State University tracts, of record in Deed Book 3083, Page 210.
thence South 4 degrees 23' 15" West, along said westerly line of the State of Ohio, Ohio State University tracts, a distance of 619.63 feet to an iron pin.
thence North 85 degrees 36' 48" West a distance of 130.00 feet to an iron pin set;
thence North 4 degrees 23' 12" East, a distance of 210.00 feet to an iron pin set;
thence North 85 degrees 36' 48" West, a distance of 386.50 feet to an iron pin;
thence North 4 degrees 23' 12" West, a distance of 30.07 feet to an iron pin set;
thence North 85 degrees 36' 48" West, a distance of 469.19 feet to an iron pin set;
thence North 4 degrees 00' 00" East, a distance of 432.25 feet to the place of beginning, containing 10.150 acres, more or less.
Bearings contained herein are based on the same meridian as the bearing of the westerly line of Quarter Township 4 (North 4 degrees 00' 00" East), of record in Official Record 1956G13.
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 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, "OVERALL SITE PLAN" , "LANDSCAPE PLAN" and "SITE PLAN#1" all signed by Scott J. Foster, engineer for the Applicant, and dated November 26, 2003 and text titled, "CPD TEXT", signed by Victoria Newell, agent for the Applicant, and dated March 24, 2004, and the text reading as follows:
CPD TEXT
Case No. Z 203-085
Sam's Real Estate Business Trust
5870 Sawmill Road
February 4, 2004
(Revised March 24, 2004 per City of Columbus Comments)
(Revised May 14, 2004 per City of Columbus Comments)
(Revised May 18, 2004 per City of Columbus Comments)
The subject site is an approximately 10.15 acre tract located on the east side of Sawmill Road at the intersection of Sawmill Road and Reflections Drive. The site plan is conceptual and shall only be binding as to indicate setbacks, driveways, and road alignments. The applicant desires to develop the property with a retail shopping center, fueling station and other commercial uses. The subject site shall be developed in accordance with the conceptual site plan. The final development site plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of final development and engineering plans are completed for the respective portion of the property. Any minor adjustment shall be reviewed and may be approved by the Director of the Department of Development or their designee upon submission of the appropriate data regarding the proposed adjustment.
I. Permitted Uses.
Permitted uses shall be those set forth in §3356.03 (C-4) of the Columbus City Code except as modified herein. An additional permitted use shall be gasoline sales. The following uses are specifically prohibited and no building or premises shall be used, constructed, erected, arranged designed or intended to be used as a cabaret, night club, dance hall, pub, bar, private club, poolroom or business offering any combination of such uses or services and there shall not be erected within or upon the subject site any off premise graphics or billboards or cellular towers. Not more than 3 kiosk-type facilities will be permitted on the subject site.
II. Applicable Development Standards.
Except as otherwise noted herein, the applicable development standards of Chapters 3355 and 3357 of the Columbus City Code shall apply as well as the accompanying conceptual site plan with any minor modifications to the building footprint and parking vehicular circulation based upon final design and engineering considerations as may be approved by the Director of the Department of Development or their designee. In addition, the following general and specific development standards shall apply:
A. Lighting:
1. All lighting on the subject property shall be cut-off type fixtures (down lighting).
2. All types of parking, pedestrian and other exterior lighting to be on poles shall be from the same or similar manufacturers' type and style in order to insure aesthetic compatibility.
3. All lighting on the property shall present no interference with the operations of Don Scott Airport.
4. No site lighting shall project onto The Ohio State University Don Scott airfield property and no lighting fixtures shall shine above the horizontal plane.
5. There shall be high intensity parking lot lighting for the shopping areas to service the subject property.
6. All lighting poles will bronze colored metal construction.
7. Parking lot lighting will be sodium, mercury vapor or metal halide and the pole height will not be greater than 30 feet.
8. No search lights shall be permitted.
B. Signage and Graphics:
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
2. All graphics and signage shall comply with provisions of a Graphics Plan as approved by the Columbus Graphics Commission.
3. A maximum of three (3) wall signs shall be permitted on any canopy covering fueling stations provided. The maximum height of such signs shall not be higher than the parapet/roof line of the canopy.
C. Setbacks:
1. All setbacks for building and parking shall conform to the requirements of the Columbus Zoning Code or as approved in prior approved site plans for any site that is developed prior to the date of this amendment.
D. Environmental Treatment:
1 Lot coverage, including buildings, parking and service areas, shall not exceed 90% of the designated lot.
2. Any dumpsters and/or propane tanks shall be screened to a height of seven (7) feet.
3. The outdoor sales area (excluding garden center) shall be used only for sales and display purposes and not for storage. Any materials placed in such area shall not exceed eight (8) feet in height.
4. There shall be no outdoor storage or display of merchandise for sale at the fueling pump stations,
sales shall be limited to fuel only.
5. Landscaping comprised of at least two (2) deciduous trees with a minimum caliper of 2" each shall be located in islands in every other double row of parking. Such islands shall be located midway between the drive lane which is immediately behind the outlots.
E. Traffic:
1. A maximum of two (2) curb cuts onto Reflections Drive (Cranston Drive extended, relocated and rededicated) (i.e., one curb cut on the north side), and one curb cut on the south side) and one (1) curb cut at the terminus of Reflections Drive at the northern boundary of the property may be provided. For the purpose hereof, curb cuts shall include intersections of dedicated streets as well as driveways.
2. The exact location, rights-of-way, and design of the above described ingress and egress points shall be as shown on conceptual site plan
3. Access to public traffic from the terminus of Reflections Drive on the north property line through the site to Sawmill Road at the northerly right-in/right-out access point shall be allowed.
F. Miscellaneous Requirements:
The hours of operation for the proposed fueling station shall be limited to the hours of between 6:00 AM and 9:00PM daily. This limitation is not applicable to other permitted uses.
G. Natural Environment:
The natural environment of this property is flat.
H. Existing Land Uses:
The property is currently being used as a retail shopping center.
J. Transportation and Circulation:
Vehicular access to the property is and will continue to be provided primarily from the current signalized intersection of Cranston /& Reflections Drive. Two right-in / right-out access points have been provided and modified in compliance with the requests of the Columbus Division of Transportation, with the additional practical limitation of the concrete median.
K. Visual Form of the Environment:
The landscaping along the northern property line and the parking islands shall be as shown on plans.
L. Views and Visibility:
Visibility and safety at intersections and access points will not be affected by the proposed development of the property. Applicant believes that the proposed uses of the property will enhance the site.
M. Behavior Patterns:
Primary access to the site shall occur via the currently signalized intersection of Cranston & Reflections Drive, designed to accommodate future expansions in conformance with the Columbus Traffic Division's efforts to coordinate with The Ohio State University for the easterly future Cranston Drive extension (as shown on the conceptual site plan). Given the proximity to major retail developments, consistent on-site parking and convenient, safe ingress and egress shall be provided.
N. Emissions:
Other than as is provided above and is customary for comparable land use, the site does not and will not generate measurable levels of light, sound, smell, or dust. Emissions generated from the fueling station will not substantially affect the environment or alter the use and enjoyment of the surrounding neighborhood or neighborhoods.
O. Variances:
Additional parking spaces shall not be required for the proposed fueling station and on site parking shall be limited to 487 spaces as this limitation was requested by the Northwest Civic Association to preserve mature landscaping and existing sound wall installation adjacent to the north property line.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.