Explanation
Rezoning Amendment: Z02-017A
Ordinance #0577-02, passed April 29, 2002 (Z02-017), rezoned 15.57± acres at 3510 Gender Road from AR-12, Apartment Residential District, to CPD, Commercial Planned Development District to allow a regional-scale shopping center. That rezoning also established use restrictions and supplemental development standards for setbacks, lot coverage, access and parking, landscaping and screening, building design, roof pitch, lighting, and outdoor display, and included a site plan commitment. The shopping center has since been developed, but specific dumpster screening requirements within the CPD text are not being met fully. This ordinance removes those specific dumpster screening requirements for parcels 530-210806 and 530-275062 while providing alternative screening and location requirements, with the remainder of the CPD district adhering to the dumpster screening provisions in Chapter 3321. All other sections from Ordinance #0577-02 remain unchanged and are in effect.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #0577-02, passed April 29, 2002 (Z02-017), for property located at 3612 GENDER RD. (43110), by repealing Section 3 and replacing with new Section 3 to modify commitments regarding dumpster screening of said property within the CPD, Commercial Planned Development District (Rezoning Amendment #Z02-017A).
Body
WHEREAS, Ordinance #0577-02, passed April 29, 2002 (Z02-017), rezoned 15.57± acres at 3612 GENDER RD. (43110), from AR-12, Limited Apartment Residential District, to CPD, Commercial Planned Development District, to allow a regional-scale shopping center; and
WHEREAS, that rezoning established specific permissible uses and development standards addressing setbacks, building size, traffic access and improvements, sidewalks, lot coverage, landscaping and fencing, building materials, building design elements, lightning controls, outdoor display limitations, dumpster screening, and graphics restrictions; and
WHEREAS, it is necessary to amend Section 3 of Ordinance #0577-02, passed April 29, 2002 (Z02-017), to modify the CPD text by providing alternate dumpster screening requirements for parcels 530-210806 and 530-275062; and
WHEREAS, all other aspects of Ordinance #0577-02 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 Section 3 of Ordinance #0577-02, passed April 29, 2002 (Z02-017), is hereby replaced with new Section 3 to read as follows:
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, “GENDER ROAD TOWN CENTRE Site Plan,” “LANDSCAPE PLAN (Sheet 1 and 2),” and “LIGHTING PLAN” all signed by George R, McCue, attorney for the applicant, dated 3/20/02; and text titled, “GENDER ROAD TOWNE CENTRE CPD TEXT,” signed by George R. McCue, attorney for the applicant, dated 3/20/02, and as amended and dated December 12, 2024, and signed by Michael Shannon, Attorney for the Applicant and reading as follows:
GENDER ROAD TOWNE CENTRE
CPD TEXT
Application: Z02-017A
Location: 3612 GENDER ROAD (43110), being 15.57± acres located approximately700± feet south of Refugee Road on the east side of Gender Road (530-210806, 530-275062, and 530-270803; Greater South East Area Commission)
Existing Zoning: CPD, Commercial Planned Development District
Request: To amend existing CPD
Applicant: Gender Road LP; 3895 Stoneridge Lane; Dublin, Ohio 43017
Property Owner: Gender Road LP; 3895 Stoneridge Lane; Dublin, Ohio 43017
Attorney: Michael Shannon, Underhill & Hodge; 8000 Walton Parkway, Suite 170, New Albany, Ohio 43054
Date: February 13, 2025
1. INTRODUCTION: The subject property consists of 15.572± acres abutting Gender Road approximately 700± feet south of Refugee Road on the east side of Gender Road. The property to the north of the subject site is zoned C-4, the property across Gender Road to the west consists of CPD and single-unit residential, the property to the south is in a flood plain and zoned AR-12 and the property to the east is zoned AR-12. The development is to be a neighborhood-shopping district anchored by a grocery store and other uses consistent therewith. Ideally, the uses within the CPD District will serve the general needs of residents living directly east of the site as well as those living immediately north and south of Refugee Road and east and west of Gender Road. In keeping with the goal of a neighborhood - shopping district, the development of consistent uses to the main anchor grocery store such as a coffee shop, bank, hair salon, card and gift shop, convenience retail, dry cleaner, laundromat, video rental, and/or restaurant will be encouraged.
2. PERMITTED USES: All of the uses permitted in a C-4, Commercial District (3355.02, CCC) and C-5 district (3361.02, CCC) except as prohibited and restricted below.
3. PROHIBITED USES: Automobile salesroom, automobile repair station, bowling alley, book binding, cabaret, dance hall, garage repair shop, ice house, new and secondhand car lot, plumbing shop, public parking garage, skating rink, stable, cellular tower, motor vehicle body shop, poultry killing (killing or dressing for retail), pool hall which shall not be defined to include restaurants or taverns which have pool tables, motion picture theatre, testing or experimental laboratory, tinsmith, tire repair shop, used motor vehicle sales, off premises graphics, and billboards.
4. DEVELOPMENT STANDARDS: Unless otherwise indicated the applicable development standards are contained in Chapter 3355 (C-4, Commercial) of the Columbus City Code.
A. Density, Height, Lot and/or Setback commitments.
1. The building setback from Gender Road shall be sixty (60) feet; the parking setback from Gender Road shall be twenty (20) feet and provide a landscape easement within t is twenty (20) feet as set forth in the attached GENDER ROAD TOWN CENTRE Site Plan. As long as the property to the south is zoned rural or residential, the building setback from the south property line shall be a minimum of one hundred (100) feet, and the parking setback will be a minimum of thirty (30) feet.
2. The driveway setbacks from the east side of the subject site shall be ten (10) feet as set forth in the attached GENDER ROAD TOWN CENTRE Site Plan. The building setback from the eastern edge of the property shall be thirty (30) feet.
3. Applicant shall limit the gross sales floor area of the anchor store initially to 65,000, square feet with possible expansion up to 80,000 square feet. The remainder of the main retail building shall be limited to an initial gross floor area of 22,000 square feet with allowance for an additional 7,400 square feet of permissible build area as depicted on the GENDER ROAD TOWN CENTRE Site Plan. Other than the anchor use, no single retail use within this main retail building may exceed 8,000 square feet of gross floor area. Applicant shall limit the building in support of the retail gas sales to gross floor area of 500 square feet. Applicant shall limit the development of the other outlets to no more than three buildings with total aggregate gross floor area of the outlets combined not to exceed 18,000 square feet.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. Franklin County has specific intentions for a roadway improvement project for Gender Road along the frontage of the subject site. This improvement includes widening Gender Road to a five-lane cross section, and is scheduled for construction in the foreseeable future. The Gender Road project will be modified to include a right turn deceleration lane along the eastern edge of Gender Road at Upperridge Drive. The Developer shall pay the cost of the design and construction modification to the office of the Franklin County Engineer. The Developer will pay these costs at the time zoning clearance is received.
2. Developer shall modify the pavement markings at the Gender Road and Upperridge Drive intersection to include a southbound left turn lane into the development. The modifications shall be made prior to issuance of a Certificate of Occupancy for the project.
3. There will be two (2) access points to the subject site along Gender Road to be determined by the City of Columbus, Division of Traffic Engineering and Parking, but generally in alignment with Upperridge Drive and the southern property line as shown on the attached GENDER ROAD TOWN CENTRE Site Plan.
4. The applicant also agrees to enter into an agreement with the City of Columbus to pay for fifty percent (50%) of the installation and annual maintenance costs of a traffic signal to be installed when warranted at an access point on Gender Road to the subject site to be determined by the City of Columbus, Division of Traffic and Engineering and Parking but generally in alignment with Upperridge Drive.
5. Any (i) parking space, (ii) loading space, (iii) aisle providing access to or maneuvering for any parking space, loading space or dumpster and (iv) other access to or maneuvering for any parking space, loading space or dumpster may be located on two or more parcels (that is, part on one parcel and part on one or more other parcels) within the Subject Property. Access to and maneuvering for any parking space, loading space or dumpster, including any aisle providing such access or maneuvering, may be located on one: or more parcels within the Subject Property which are not the parcel(s) on which that parking space, loading space or dumpster is located. The intent of this item (5) is to permit all of the parcels constituting the Subject Property be treated as a single parcel for the purpose of arranging parking spaces, loading spaces and access to and maneuvering for parking spaces, loading spaces and dumpsters. It is the Developer's intent to have cross access easements with the adjacent commercially zoned parcels to allow for parking and other concerns.
6. Applicant shall install and maintain a minimum three (3) foot wide walkway through the landscape easement and the six (6) foot high wooden fence described in Section 3.C.5 and 3.C.6 below to enable residents of the multi-unit housing to the east of the site to have pedestrian access to the site. Further, developer will install a minimum twenty (20) foot wide gate in the fence to provide for access through the fence for emergency vehicles. The approximate location of the walkway and gate is indicated on the attached Site Plan.
C. Buffering, Landscaping, Open Space and/or Screening commitments.
1. Lot coverage for structures and paved areas shall not exceed eighty-five percent 85%) of the total acreage. Sidewalks and paved plazas at building entrances shall not be considered a part of lot coverage.
2. The landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like material within six months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
3. Minimum Size of all trees at installation shall be 2½ inch caliper for deciduous, 2 inch caliper for ornamental, six feet in height for evergreens, and 24" in height for ornamental shrubs.
4. A six (6) foot high wooden fence shall be erected along the easterly boundary of the subject site to provide buffering and screening for existing multi-unit housing.
5. Applicant shall provide a ten (10) foot landscape easement between the six (6) foot high wooden fence set forth in the paragraph above and the eastern boundary of the property to be landscaped in accordance with the Landscape Plan.
6. If residential uses are developed on the parcel abutting the southern edge of the subject site, the Applicant shall provide buffering and screening of residential uses from proposed commercial uses. Said buffering shall achieve a minimum height of six (6) feet and opacity of ninety-five (95%) percent within five (5) years after commencement of residential development construction. Buffer may consist of earthen mounding, fencing, or planting or combination thereof.
7. The parkland contribution shall be in accordance with the City's parkland dedication ordinance.
D. Building design and/or Interior-Exterior treatment commitments.
1. Except as provided in D.2.a, below, buildings shall be finished on all four (4) sides consisting of any combination of split-face concrete block (that excludes white concrete), brick, stone; with accents consisting of any combination of stucco, dryvit and wood.
2. Design of front of anchor grocery store and main retail common wall buildings shall have the following characteristics:
a) Exclusive of doors and windows, the front of the anchor grocery and main retail building shall consist of a minimum of seventy-five (75) percent brick.
b) Building facades facing a public street shall include architectural detailing/fenestration to reduce the perception of building mass and to visually break up the facade. Architectural detailing/fenestration may be accomplished through the use of design elements such as, vertical recessed or projecting relief to the facade, columns, recessed or projecting windows, awnings, the use of different building materials for different tenant spaces, and/or other design elements. Vertical wall fenestration shall occur at various locations depending upon the location of tenants.
c) A minimum of two (2) false dormers shall be provided on the main retail building.
d) A minimum of seventy-five (75) percent of the front roof line will consist of additional elements such as pitched roofs, decorative cornices, awnings, asphalt shingles, hip roofs and towers.
e) The developer will provide a minimum twelve (12) foot wide sidewalk in front of the anchor grocery store and main retail common wall buildings with at least ten (10) benches and/or raised planters, at least twelve (12) ornamental trees, having a minimum two (2) inch caliper, and at least twelve (12) street lamps.
f) Light blue, pink, and light green colors shall be prohibited on the exterior wall finish of the anchor grocery store and main retail common wall buildings.
3. The gasoline station will be limited to five (5) islands per exhibit. The height of any canopy constructed on the site shall be limited to eighteen (18) feet.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external outdoor lighting shall be cut-off fixtures (down lighting) and shall be consistent in design and color with each other.
2. The lighting in the parking lot shall not exceed twenty-eight (28) feet, as set forth in the attached Lighting Plan. Illumination of the area to the east of the grocery anchor and main retail building indicated on the Site Plan will be mounted on the exterior of the buildings, (wall packs) and will be directed downward with baffles.
3. The outside display area around the gasoline station shall be limited to the following:
a) Ice and beverage vending machines.
b) In front of the building along the sidewalk four (4) feet in depth and twelve (12) feet in width with a 4 foot deep x 4 foot wide area at the end of the pump stands. The maximum height for any outside display area shall be three (3) feet (except vending machines).
4. The outside display area shall contain only those items normally and customarily old by a gasoline station or convenience store and other seasonal items and products including but not limited to firewood, mulch, flowers, and Christmas Wreathes.
5. Dumpsters shall be screened on three (3) sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with a gate on the fourth side. Dumpsters shall be located in the approximate locations as illustrated on the Site Plan. Dumpsters for parcels 530-210806 and 530-275062 are not required to provide individual screening elements. Dumpsters shall be located behind buildings and out of view from public streets. Dumpster areas shall be painted or otherwise clearly indicated to ensure dumpsters stay in their respective locations. The six (6) foot high wooden fence, required by Section 4.C.4. of this CPD Text, erected along the easterly boundary of the subject site, shall provide dumpster screening for existing multi-unit housing. Parcel 530-270803 shall still be subject to code required dumpster screening development standards.
F. Graphics and Signage commitments.
All signage shall conform to Chapters 3375 through 3383 of the Columbus City Code as they apply to the CPD, Commercial Planned Development District. Any variance to the sign requirements shall be submitted to the Columbus Graphic Commission.
G. Code Modifications.
3321.01 - Dumpster area. This section shall be modified so that dumpsters for parcels 530-210806 and 530-275062 are not required to provide individual screening elements, but are subject to the provisions of 4.E.5. Parcel 530-270803 shall still be subject to code required dumpster screening development standards.
5. OTHER CPD REQUIREMENTS:
A. Natural Environment: The natural environment of this site is flat field land.
B. Existing Land Use: The site is undeveloped.
C. Transportation and Circulation: Access to and from the site will be by Gender Road and across the abutting parcel to the north to Refugee Road with internal vehicular circulation as provided for in the text and the attached Site Plan.
D. Visual Form of the Environment: This site is located directly south of the southeast corner of Gender Road and Refugee Road. To the east is a developed AR-12 District, to the north is commercial, to the west are a commercial district and a residential district and to the south is an undeveloped R district.
E. View and visibility: The site fronts on Gender Road and is visible from Gender Road except as screened by the landscaping commitments set forth above.
F. Proposed Development: Retail neighborhood commercial development with an anchor grocery store, small specialty retail stores and outlet development is proposed for the site as set forth in the attached Site Plan.
G. Behavior Patterns: Access to the site will be by pedestrians through access along sidewalks and by vehicular traffic accessing the site through curb cuts on Gender Road approve by the City of Columbus, Division of Traffic Engineering and Parking. Patrons will park on and walk to the site and visit the retail commercial uses contained thereon.
H. Emissions: Development for this site shall conform to the City of Columbus requirements as further controlled by the development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
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 amended 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.
SECTION 2. That existing Section 3 of Ordinance #0577-02, passed April 29, 2002 (Z02-017), is hereby repealed.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.