Explanation
REZONING APPLICATION: Z04-028
APPLICANT: United Dairy Farmers, Inc.; c/o Dave Perry, Agent; The Dave Perry Company and Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Expand fuel sales at existing convenience store.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 13, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The CPD, Commercial Planned Development District is requested to expand gas sales and replace a gas canopy at an existing convenience store. The proposed land-uses are consistent with the Brice-Tussing Area Plan (1994) which recommends commercial development of this site, and also with zoning and development patterns in this area. The CPD text permits all uses presently permitted, changes the gas pump islands from two (2) to four (4), allows installation of a new gas canopy, and maintains existing CPD development standards except that building setbacks for the gas canopy are reduced from 25 feet to 15 feet on Tussing Road and Freedom Trail. The Applicant also has agreed to plant trees in the landscaped setback of both streets and install a sidewalk built to City of Columbus standards along Freedom Trail frontage.
Title
To rezone 6525 TUSSING ROAD (43068), being 0.92± acres located at the southeast corner of Tussing Road and Freedom Trail, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Z04-028).
Body
WHEREAS, application #Z04-028 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.92± 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 CPD, Commercial Planned Development District is requested to expand gas sales and replace a gas canopy at an existing convenience store. The proposed land-uses are consistent with the Brice-Tussing Area Plan (1994) which recommends commercial development of this site, and also with zoning and development patterns in this area. The CPD text permits all uses presently permitted, changes the gas pump islands from two (2) to four (4), allows installation of a new gas canopy, and maintains existing CPD development standards except that building setbacks for the gas canopy are reduced from 25 feet to 15 feet on Tussing Road and Freedom Trail. The Applicant also has agreed to plant trees in the landscaped setback of both streets and install a sidewalk built to City of Columbus standards along Freedom Trail frontage; 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:
525 TUSSING ROAD (43068), being 0.92± acres located at the southeast corner Tussing Road and Freedom Trail, and being more particularly described as follows:
LEGAL DESCRIPTION, Z04-028, 0.916 ACRES, EXHIBIT A
Situate in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 44, Section 25, Township 12, Range 21, Refugee Lands and being part of the 108.385 acre tract conveyed to Refugee Development Co., by deed or record in Deed Book 3502, Page 501, all references being to records in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point in the southerly right-of-way line of Tussing Road, at the northwesterly corner of the Independence Village Ltd. 4.404 acre tract, said point also being located South 85° 42' 23" East, 230.0 feet and South 4° 17' 37" West, 40.0 feet from the intersection of the centerline of said Tussing Road with the centerline of Freedom Trail;
thence, South 4° 17' 37" West, along the westerly line of said Independence Village Ltd. 4.404 acre tract, a distance of 200.00 feet to a point;
thence, North 85° 42' 23" West, a distance of 200.00 feet a point in the easterly right-of-way line of Freedom Trail being 60 feet in width;
thence, North 4° 17' 37" East, along said right-of-way line of Freedom Trail, a distance of 180.00 feet to a point of curvature of a curve to the right;
thence, along the arc of said curve (Delta - 90° 00' 00", Radius 20.00 feet), a chord bearing and distance of North 49° 17' 37" East, 28.28 feet to a point of tangency in the southerly right-of-way line of Tussing Road;
thence, South 85° 42' 23" East, along said right-of-way line (being 40 feet southerly, as measured at right angles and parallel with the centerline of Tussing Road), a distance of 180.00 feet to the place of beginning, containing 0.916 acre, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
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 plan being titled "SITE PLAN, NEW CANOPY AND 4 DISPENSER LAYOUT" dated April 30, 2004, and CPD text titled "DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 0.916± ACRES" dated May 20, 2004, both signed on June 11, 2004 by David Perry, The David Perry Company, agent for the applicant and Donald Plank, Plank and Brahm, attorney for the Applicant, and the CPD text reading as follows:
DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 0.916± ACRES
EXISTING DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 6525 TUSSING ROAD, COLUMBUS, OH, 43068
OWNER: UNITED DAIRY FARMERS, INC. C/O DAVID B. PERRY, AGENT FOR OWNER, THE DAVID PERRY CO., 145 EAST RICH STREET, COLUMBUS, OH 43215 AND DONALD PLANK, ESQ., PLANK AND BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
APPLICANT: UNITED DAIRY FARMERS, INC. C/O DAVID B. PERRY, AGENT FOR OWNER, THE DAVID PERRY CO., 145 EAST RICH STREET, COLUMBUS, OH 43215 AND DONALD PLANK, ESQ., PLANK AND BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: May 20, 2004
APPLICATION NUMBER: Z04 - 028
INTRODUCTION:
The subject 0.916+ acre property is zoned CPD, Commercial Planned Development by Ordinance 177-89 (Z88-3031), passed February 6, 1989. The existing CPD permits a convenience store with the sale of motor vehicle fuel and most C-4, Commercial Uses. Development of the site with a convenience store with motor vehicle fuel sale is subject to a site plan. The site plan depicts a convenience store, two (2) gas pump islands, gas canopy, dumpster and accessory parking. The site is now developed with a convenience store and motor vehicle fuel sales.
By this application, applicant proposes to rezone the property from the CPD District to the CPD District to permit all uses presently permitted, to change the gas pump islands from two (2) to four (4) and to install a new canopy and to permit a new site development plan representing the existing store, existing parking and new canopy/pump island arrangement. The use is already established. The proposed rezoning causes only a change in applicable registered CPD site plans. The Brice-Tussing area Plan supports commercial use of the site. The plan titled "Site Plan - New Canopy and 4 Dispenser Layout, United Dairy Farmers, 6525 Tussing Road", hereinafter called the "Plan", dated April 30, 2004 signed by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, is submitted as the site development plan for the convenience store with motor vehicle fuel sales, subject to adjustment with final design and engineering, and is hereby incorporated by reference
1. PERMITTED USES: The permitted uses shall be a convenience store with or without motor vehicle fuel sales and with or without incidental seating area for on-premise consumption of food products sold at the convenience store and all uses of 3356.03, C-4, Permitted Uses, except the following uses:
a. Amusement Arcade
b. Automobile Sales, Leasing and Rental
c. Billboards
d. Bowling Alley
e. Cabaret
f. Dance Hall
g. Automotive Maintenance and Repair
h. Pool room
i. Skating rink
j. Off premise graphics other than as approved by the Columbus Graphics Commission.
2. DEVELOPMENT STANDARDS:
Except as otherwise listed herein, the development standards established by the C-4, Commercial District shall apply.
A. Density, Height, Lot and/or Setback Commitments
1. Building Height: The height district shall be H-35, allowing for a 35-foot
height limitation in accordance with Sections 3309.14 and 3309.142 of the Columbus Zoning Code.
2. Building Setback Lines:
(a) A fifty (50) foot building setback line shall be established along
Tussing Road and a twenty-five foot building setback line shall be established on Freedom Trail Road, except as noted applicable to canopy setback.
(b) The gasoline pump island canopy shall be placed as depicted on the Plan and shall be permitted in the Tussing Road and Freedom Trial Road building setbacks as depicted to a minimum setback of fifteen (15 ) feet on both streets.
3. Parking Setback Lines:
a) A ten (10) foot landscaped parking/pavement setback shall be maintained on both Tussing Road and Freedom Trail Boulevard, as depicted on the Plan.
b) A fifteen (15) foot landscaped parking/pavement setback shall be provided along the east and south property lines, as depicted on the Plan.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1) Access: Vehicular access shall be from the existing full turning movement curb cuts on Tussing Road and Freedom Trail Boulevard.
2) Parking: Off street parking shall be provided in compliance with the provisions of Chapter 3342 of the Columbus Zoning Code, except as follows:
a) Required parking for the convenience store use shall be calculated at the rate of one (1) space per 250 gross square feet, including area used for an on-premise restaurant with seating in conjunction with and internal to the convenience store.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1) All perimeter setback areas shall be maintained in grass or other live vegetation.
2) Trees shall be planted in the ten (10) foot parking setback on both Tussing Road and Freedom Trail Road at the rate of one (1) tree per fifty lineal feet of road frontage.
3) The minimum size of any trees at installation shall be as follows:
a) Deciduous 2.5" caliper
b) Ornamental 1.5 inch
c) Evergreen 5 feet high
4) Landscaping shall be maintained in a healthy state. Any dead plant material shall be removed and replaced with like plant material at the next planting season or within 6 months, whichever occurs sooner.
D. Building Design and/or Interior/Exterior Commitments:
The exterior building materials of the convenience store building shall be decorative block, brick, stucco or a combination thereof on the front and sides.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
1) All parking lot lighting shall use cutoff type fixtures (downlighting) and shall minimize light spillage to off-site parcels.
2) Building and landscaping may be uplighted from a concealed/shielded light source.
3) Parking lot lighting shall be no higher than 20 feet.
4) Canopy light fixtures shall be recessed or fully shielded.
F. Graphics Commitments.
All signage and graphics shall conform to Article 15 of the Columbus Graphics Code as it applies to the C-4 district. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission. Any Ground Sign shall be monument style.
G. Miscellaneous:
1) Site Design:
a) 3342.28, Minimum Number of Parking Spaces Required: To calculate required parking for the convenience store building at a rate of 1 space per 250 gross square feet, inclusive of any restaurant/seating area that may be within the convenience store.
2) Site Plan. The site plan titled "Site Plan - New Canopy ad 4 Dispenser Layout, United Dairy Farmers, 6525 Tussing Road", hereinafter called the "Plan", dated April 30, 2004 and signed on June 11, 2004 by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, hereby incorporated by reference is the site development plan relative to the proposed canopy location and existing site development. Minor adjustments may be made to the site plan in conjunction with final engineering and permitting. Parking spaces may be adjusted/reduced if needed to provide ADA accessible parking.
3) A sidewalk shall be constructed on the Freedom Trail frontage of the site. The sidewalk shall be constructed in the Freedom Trail right of way and shall meet City of Columbus design standards.
4) The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, including any and all specific site development standards contained in this ordinance or as depicted on the CPD plan.
H. CPD Requirements:
1) Natural Environment and Existing Land Uses. The site is flat and is presently developed with a convenience store, motor vehicle fuel sales and accessory parking.
2) Existing Land Use. Convenience store, motor vehicle fuel sales and accessory parking.
3) Transportation and Circulation. The site is located at the southeast corner of Tussing Road and Freedom Trial Road. Vehicular access will be from an existing full-turning movement curbcut on each abutting street.
4) Visual Form of the Environment. Property is developed with commercial and residential uses in all directions from the site.
5) Proposed Development. A convenience store with motor vehicle fuel sales, as depicted on the Plan. The convenience store may include seating area for on premise consumption of food products sold at the convenience store.
6) Behavior Pattern. The site is developed with the proposed use. By his rezoning proposal, applicant proposes to expand the motor vehicle fuel facility.
7) Emissions. No adverse effect from emissions shall result from the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.