Explanation
Rezoning Application # Z08-048
APPLICANT: Skilken Development LLC; c/o Rebecca L. Egelhoff, Atty.; The Law Offices of Sean A. Mentel, LLC; 175 South Third Street, Suite 800; Columbus, OH 43215.
PROPOSED USE: Fuel sales with convenience retail.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 12, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.31± acre site is undeveloped and is zoned CPD, Commercial Planned Development District (Z98-059A). The requested CPD, Commercial Planned Development District will allow fuel sales and convenience retail uses with increased separation, buffering, and landscaping over the current CPD requirements. The CPD plan and text include appropriate use restrictions and development standards including a 15 20-foot landscaped and fenced buffer along the eastern property line adjacent to single-family residential development. With the additional landscaping and buffering, the proposed use can be supported.
Title
To rezone 5700 NORTH HAMILTON ROAD (43054), being 3.31± acres located on the east side of Hamilton Road, 438± feet north of Preserve Boulevard, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning # Z08-048).
Body
WHEREAS, application #Z08-048 is on file with the Building Services Division of the Department of Development requesting rezoning of 3.31± acres from CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, the Columbus Public Health Department's Healthy Places program reviews applications for active living features and recognizes that this development has commitments for five foot wide sidewalks which increase walkability and a centrally located bike rack for employees or visitors that ride their bikes by choice or because of limited alternatives; 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 will allow fuel sales and convenience retail uses with increased separation, buffering, and landscaping over the current CPD requirements. The CPD plan and text include appropriate use restrictions and development standards including a 15 20-foot landscaped and fenced buffer along the eastern property line adjacent to single-family residential development. With the additional landscaping and buffering, the proposed use can be supported, 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:
5700 NORTH HAMILTON ROAD (43054), being 3.31± acres located on the east side of Hamilton Road, 438± feet north of Preserve Boulevard, and being more particularly described as follows:
Tract 1
2.448 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, being out of that original 5.063 acre tract as conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 20051201053314 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING in the centerline of Hamilton Road, at the northwesterly corner of said 5.063 acre tract;
thence South 87º 01' 32" East, across the right-of-way of Hamilton Road, and with the northerly line of said 5.063 acre tract, a distance of 450.00 feet to the northeasterly corner of said original 5.063 acre tract;
thence South 02º 58' 28" West, with the easterly line of said 5.063 acre tract, a distance of 422.67 feet to a point;
thence North 86º 52' 05" West, with the southerly line of the remainder of said original 5.063 acre tract, a distance of 126.53 feet to a point;
thence North 03º 07' 54" East, across said 5.063 acre tract, a distance of 257.26 feet to a point;
thence North 86º 52' 05" West, continuing across said 5.063 acre tract, a distance of 324.63 feet to a point in said centerline;
thence North 03º 07' 54" East, with said centerline, a distance of 164.17 feet to the POINT OF BEGINNING and containing 2.448 acres of land, more or less.
Tract 2
0.862 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, being out of that original 5.063 acre tract as conveyed to Hamilton II Retail, LLC by deed of record in Instrument Number 20051201053314 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, in the centerline of Hamilton Road, at the northwesterly corner of said 5.063 acre tract;
thence South 03º 07' 54" West, with said centerline, being the westerly line of said 5.063 acre tract, a distance of 164.17 feet to the TRUE POINT OF BEGINNING:
thence across said 5.063 acre tract, the following courses and distances:
South 86º 52' 05" East, a distance of 324.63 feet to a point;
South 03º 07' 54" West, a distance of 257.26 feet to a point in the southerly line of said 5.063 acre tract;
thence North 86º 52' 05" West, with said southerly line, a distance of 324.63 feet to a point in said centerline;
thence North 03º 07' 54" East, with said centerline, a distance of 60.00 feet to a point;
thence across said 5.063 acre tract, the following courses and distances:
South 86º 52' 05" East, a distance of 312.13 feet to a point;
North 03º 07' 54" East, a distance of 147.26 feet to a point;
North 86º 52' 05" West, a distance of 312.13 feet to a point in said centerline;
thence North 03º 07' 54" East, with said centerline, a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing 0.862 acre of land, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
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, "SITE PLAN," "LANDSCAPE PLAN," and "FENCING LOCATION," and text titled, " COMMERCIAL PLANNED DEVELOPMENT TEXT," all signed by Rebecca L. Egelhoff, Attorney for the Applicant, dated June 9, 2009, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PARCEL ID: 545-175660
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 5700 North Hamilton Road
OWNER: Hamilton II Retail, LLC
APPLICANT: Skilken Development, LLC
DATE OF TEXT: June 9, 2009
APPLICATION NUMBER: Z08-048
1. INTRODUCTION: This parcel is located at the northwest corner of the property along Hamilton Road and is currently zoned CPD. Commercial Planned Development District. The planned development for this parcel is a retail gas filling station with a convenience store.
2. PERMITTED USES: The following uses shall be permitted: Those uses listed in Chapter 3356 (C-4, Commercial District) of the Columbus City Code, and a retail gas filling station and convenience store.
The following uses are prohibited:
1. Automobile salesroom
2. Billboards
3. Bowling alley
4. Bus or truck terminal
5. Business School
6. Commercial radio transmitting or television station appurtenances
7. Dance Hall
8. Electric substation
9. Funeral parlor
10. Motor bus terminal
11. Motor vehicle sales or leasing
12. New or used car lot
13. Public parking for pay
14. Stables
15. Testing or experimental laboratory
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3356, C-4, shall apply.
A. Density, Height, Lot, and/or Setback Commitments.
1. The building and parking setbacks along Hamilton Road shall be 40 feet for parking and maneuvering areas, and 60 feet for all buildings.
2. The permitted maximum density shall not exceed the ratio of 12,000 gross square feet of building per net acre of site.
3. Except for a screening fence, there shall be a 15 20 foot continuous no-build zone along the eastern property line. The purpose of the screening fence is to minimize noise, air and visual pollution between these particular land uses. The screening fence shall be limited to the eastern property line and shall not exceed eight (8) feet in height. The screening fence shall comply with the following:
a. The screening fence shall be constructed of materials that are durable, weather and rust resistant. In no instance shall any fence contain barbed wire, electric current or charge of electricity.
b. The screening fence shall be augmented with suitable landscaping to soften the visual impact of the fence as shown on the attached landscaping plan. The landscaping materials should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area and shall be in general conformance with the attached landscaping plan.
c. The screening fence shall be maintained in good repair and appearance.
d. The screening fence shall not have any openings, except as may be required for access to the fifty (50) foot Gas Pipeline Easement of record in Deed Book 1054, Page 292, as assigned in Assignment and Release Volume 190, Page 451, as modified in Official Record 24835118 and as modified in Instrument Number 199907200183458 and/or as required by local fire departments for vehicular access.
4. There shall be a maximum building height limit of 35 feet.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Hamilton Road shall contain a right-of-way of 120 feet.
2. The subject property shall be accessed via the existing full service access point on Hamilton Road. No additional access points shall be permitted.
3. If Hamilton Road is widened to a five-lane section at the full service access point on Hamilton Road, the left-out turning movement shall not be permitted. Such traffic shall utilize the existing cross access easements to access the signal at Hamilton Road and Preserve Boulevard. The developer shall receive no compensation for this limitation.
4. The parking and loading requirements for this subarea shall be provided per the requirements of Chapter 3342 of the Columbus City Code.
5. The view of all loading docks shall be fully screened on all sides from any adjacent roadway, building or parking lot achieving 90% opacity to a minimum height of 7 feet from finished grade.
6. There shall be a five foot wide pedestrian sidewalk within the right-of-way of Hamilton Road along the entire frontage of the property.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. There shall be a 40 foot parking setback, which creates an open space corridor from the edge of right-of-way extending along Hamilton Road. Landscaping within the 40 foot corridor shall be based on the following standards:
a. Within the 40 foot parking setback area along Hamilton Road, there shall be a minimum of 3 foot high continuous uniform earth mound and a 4 rail white horse fence located at the right-of-way line except for areas of ingress and egress, and at the intersection of two public roads, in which area horse fence or other compatible fencing may be utilized to establish "an entrance" to the interior development. The mound shall have a minimum 8:1 slope that will begin at the right-of-way. The mound will also have a 4:1 maximum slope on the opposite side, which will begin approximately 12 feet from the setback line and have an approximate width of 4 feet.
b. Two rows of ornamental trees shall be planted within the open space corridor in a grid like fashion at an approximate spacing of 15 feet on center, both ways. The first row of trees shall be planted 20 feet from the right-of-way. Trees may be planted in pairs or staggered.
2. Minimum size at installation shall be 2 inch caliper for ornamental trees.
3. All major entries shall be demarked by utilizing the fencing and landscape material noted in C.1.
4. Tree planting shall be required within site parking and service areas. The number of trees shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2 inch caliper per tree) to total site coverage by buildings and pavement.
a. 0 to 20,000 square feet: 6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
b. 20,001 to 100,000 square feet: 10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,001 square feet.
c. Over 100,000 square feet: 20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
5. At least 50% of required tree planting shall be integrated within parking or service areas. Existing trees of 3 inch caliper or greater may offset 2/3 of the requirement. Maximum possible green space shall be provided to minimize extensive unbroken hard surface areas.
6. Landscape islands are required within parking lots and shall be provided at a rate of 5 square feet of landscape area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
7. The landscaping required in Items 3, 4 and 5 may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus Zoning Code.
8. Except for a thorny shrub barrier and additional landscaping, there shall be a 12.5 foot continuous no-build zone along the northern property line to preserve the existing tree row within that area running east-west.
9. The thorny shrub barrier along the northern property line shall serve to prevent pedestrian walk-thru and as an additional buffer for the adjacent property. This thorny shrub barrier shall be installed so as to preserve the existing tree row within that area.
10. Unless otherwise specified, minimum size of all plant material at installation shall be 2 ½" caliper for deciduous shade trees, 6' high for evergreen, and 1 ½" caliper for ornamental trees.
11. If landscaping is used to screen service areas containing dumpsters, 90% opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than seven feet above finish grade.
12. All trees and landscaping shall be well maintained. Dead items, weather permitting, shall be replaced within six months or the next available planting season, whichever occurs first.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. A residential appearing roof shall be required and structures that appear to have flat roofs shall specifically be prohibited. A residential appearing roof shall be defined as a roof structure with a minimum pitch of 6:12 and a maximum roof 12:12. The height of the roof element shall not be less than 40% level, then the roof may be flattened or depressed so long as the flattened or depressed portion of the roof is not visible from adjacent parking, service areas or roadways. The sloped roof noted above shall be finished with one of the following materials: dimensional asphalt shingles, wood shakes, slate, composite slate, tile, standing metal seam, or copper.
2. Blank facades on the rear of buildings is prohibited, therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.
E. Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental Commitments.
1. All external outdoor lighting shall be cut-off type fixtures (downlighting). However, buildings and landscaping may be illuminated with uplighting from a concealed source.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer type or family to ensure aesthetic compatibility. All light poles and standards shall be in dark green or black.
3. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
4. Parking lot lighting shall be no higher than 14 feet.
5. Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
6. All parking lot lighting shall be positioned away from any residential area and shall be shielded to prevent glare where possible.
7. Landscaping at entries to parking lots and buildings if illuminated shall be uplighted by ground mounted concealed fixtures.
8. All dumpsters will be fully enclosed and screened from adjoining uses and the right-of-way. One side of said dumpster can be screened by a movable gate system.
9. No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure.
10. The dumpster shall be emptied only between the hours of 8AM and 8PM.
F. Graphics and Signage Commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the C-4, Commercial District. Any variance to the sign requirements other than those sign requirements listed below shall be submitted to the Columbus Graphics Commission.
2. The height of ground supported signage shall be limited to 7 feet as measured from the grade level at the right-of-way line. The maximum area of the sign face shall be 50 square feet per side and will be place within the setback areas at the right-of-way line. All signage shall be mounted on 8x8-inch wooden or brick posts, on fencing, or otherwise. If illuminated, the source shall be external and concealed. No internal illumination shall be allowed.
3. The proposed commercial development within this Subarea shall have the right to a ground sign, including tenant panels if permitted, on each public street frontage. Said signage may be located on any tax parcel within the Subarea and may contain the names of any tenants within the subarea.
4. All other signage shall be behind the required 40 foot setback with the exception of one directional entry and exit sign located at each entrance which shall be ground type only and limited to 4 square feet per sign face and located at a minimum of 5 feet from the right-of-way. In no case shall such signage interfere with maintaining safe clear sight distances at driveway entries or exits. Identification logo or name shall not be displayed on directional signage.
5. No signs shall be painted directly on the surface of any building, wall or fence. No wall murals shall be allowed.
6. No roof signs shall be permitted nor should a sign extend higher than a building.
7. No flashing, traveling, animated or intermittently illuminated signs shall be used.
8. All graphic monuments shall be landscaped with hedges, bushes, annuals, or perennials, or a combination thereof.
9. Excepting the above provisions, all signage and graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District classification and any variance to those requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous Commitments
1. Abandonment: The retail filling station use shall be considered abandoned if it has ceased operations or is closed to the public for a minimum of 6 months in any 12 month period. The owner or lessee of the retail filling station and/or related structures shall, within seven (7) days of the beginning of the closure period referred to herein:
a. Install wheel blocks, firmly attached, across the driveway entrance to the fuel area to prohibit unauthorized vehicle parking or abandonment of motor vehicles.
b. Shall remove all signs and pumps.
c. Shall board up all windows, doors and entrances to prevent the breakage of glass and the unauthorized entrance therein.
d. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks.
e. Shall during the closure period cut all grass, remove all rubbish and weeds and continue maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
2. Columbus Healthy Places: The site shall contain a centrally located bike rack.
3. Deliveries to the retail gas filling station and convenience store shall be limited to the hours of 8AM-8PM.
4. Except for emergencies, the use of the outside speaker at the gas filling station shall be limited to the hours of 8AM-8PM.
H. CPD Criteria
Natural Environment: The existing site consists of primarily of an open field with flat topography.
Existing Land Use: The current land use on the property is CPD.
Circulation: The property will be accessed from Hamilton Road.
Visual Form: The form of the development will be sensitive to the natural features of the site. In addition, size and character of all structures will be in context with the local area and comply with all standards set forth in this development text.
1. Visibility: Views into the site are primarily unobstructed.
2. Proposed Development: The size, type and character of the proposed development will meet the zoning, land use and standards set forth in this development text.
Traffic Behavior Patterns: It is anticipated that most traffic will access the site from Hamilton Road.
Proposed Development: The size, type and character of the proposed development will meet the zoning, land use and standards set forth in this development text.
The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment. Additionally the site plan reflects improvements to the full service access point on Hamilton Road to minimize the impact of right turning vehicles on through traffic, as determined by the Public Service Department. Any changes to the entrance as depicted shall be subject to the review and approval of the Public Service Department.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.