Explanation
Rezoning Application Z06-056
APPLICANT: BP Products North America, Inc.; c/o Ryan Shrimplin, Agent; WD Partners; 1201 Dublin Road; Columbus, OH 43215.
PROPOSED USE: Change building elevations and graphics commitments for existing fuel sales facility with convenience store and car wash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 14, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will maintain the existing commitments for the existing fuel-sales facility while relieving the applicant of the obligation to seek a rezoning for every future change to the exterior of the facility.
Title
To rezone 7525 SANCUS BOULEVARD (43085), being 0.96± acres located on the southwest corner of Sancus Boulevard and Worthington Woods Boulevard, From: CPD, Commercial Planned Development District. To: CPD, Commercial Planned Development District. (Rezoning # Z06-056)
Body
WHEREAS, application #Z06-056 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.96± acres from the CPD, Commercial Planned Development District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the requested CPD, Commercial Planned Development District will maintain the existing commitments for the existing fuel-sales facility while relieving the applicant of the obligation to seek a rezoning for every future change to the exterior of the facility, 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:
7525 SANCUS BOULEVARD (43085), being 0.96± acres located on the southwest corner of Sancus Boulevard and Worthington Woods Boulevard, and being more particularly described as follows:
LEGAL DESCRIPTION
BP PRODUCTS NORTH AMERICA, INC.
7525 SANCUS BOULEVARD - .962 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2, Range 18, United States Military Lands and being 0.252 acre of the 0.596 acre tract conveyed to Giuseppe A. Pingue, Sr., by deed of record in Official Record 14483J03 and 0.710 acre of the 16.00 acre tract conveyed to Giuseppe A. Pingue, by deed of record in Official Record 8773F20, all references being to records in the Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning for reference at a railroad spike found at the intersection of the centerline of Worthington Woods Boulevard with the centerline of Sancus Boulevard;
thence North 86° 49' 58" West, along the centerline of Worthington Woods Boulevard, a distance of 60.00 feet to a point;
thence South 3° 10' 02" West, crossing Worthington Woods Boulevard, a distance of 40.00 feet to an iron pin set in the southerly right-of-way line of Worthington Woods Boulevard at a point of curvature of a curve to the right and being the TRUE POINT OF BEGINNING of the tract herein intended to be described;
thence along the arc of said curve (Delta = 90° 00' 00". Radius = 20.00 feet), a chord bearing and distance of South 41° 49' 58" East, 28.28 feet to an iron pin set at a point of tangency in the westerly right-of-way line of Sancus Boulevard (80 feet in width);
thence South 3° 10' 02" West, along said right-of-way line of Sancus Boulevard, a distance of 190.00 feet to an iron pin found;
thence North 86° 49' 58" West, a distance of 200.00 feet to an iron pin found;
thence North 3° 10' 02" East, a distance of 210.00 feet to an iron pin set in the southerly right-of-way line of Worthington Woods Boulevard;
thence South 86° 49' 58" East, along said right-of-way line of Worthington Woods Boulevard, a distance of 180.00 feet to the point of beginning, containing 0.962 acre (41, 914 Square Feet), more or less.
Subject however, to all legal rights-of-ways and/or easements, if any, of previous record.
Bearings contained herein are based on the same meridian as the southerly right-of-way line of Worthington Woods Boulevard (South 86° 49' 58" East), of record in Plat Book 63, Pages 55 and 56.
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, "C1 SITE LAYOUT,"and "L1 LANDSCAPE PLAN," signed by P.W. Brasse, Regional Portfolio Manager for the Applicant both dated October 12, 2006; and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by P.W. Brasse, Regional Portfolio Manager for the Applicant, dated October 12, 2006, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT (CPD) TEXT
PROPOSED DISTRICT: CPD District
PROPERTY ADDRESS: 7525 Sancus Boulevard, Columbus, OH 43085
OWNER: Giuseppe Pingue, Sr.
APPLICANT: BP Products North America, Inc.
DATE OF TEXT: October 12, 2006
APPLICATION NUMBER: Z06-056
1. INTRODUCTION
The property subject to this rezoning is developed with a BP convenience store (which also contains a deli called "Wild Bean Café"), gas station, and car wash, and is located on the southwest corner of Sancus and Worthington Woods Boulevards. BP rezoned the property to CPD in 1994 to permit the current uses. In the 1994 rezoning, BP committed to specific graphics for the convenience store, canopy, and car wash. In 2001, the property was rezoned (CPD) to allow BP to update the structures. As part of these rezonings, BP committed to specific building elevations and graphics as well as site and landscaping plans.
Currently, BP has a new proposal to "reimage" the existing convenience store building by repainting the exterior and modifying the existing wall signage to reflect the new color scheme and logo for the Wild Bean Café. Because the proposed reimage does not conform to the previously committed elevations and graphics, the property must again be rezoned to update the elevations. In addition, the current CPD text requires any changes to the committed graphics package to be approved by the Graphics Commission as a variance.
Rather than pursue these approvals, BP is proposing to eliminate the committed building elevations requirement and to modify the Graphics Commission requirement to only apply in instances of variances. Both requirements impose an unnecessary hardship on BP by requiring extensive public review procedures for minor modifications such as changing the building colors, re-facing and relocating existing wall signs, etc. BP asserts that the new CPD text will provide sufficient safeguards to ensure these types of aesthetic changes do not adversely impact the community. Furthermore, it should be noted that this rezoning will not affect the committed site plan and landscaping plan.
2. PERMITTED USES
A convenience store and deli with gasoline sales, canopy and car wash.
3. DEVELOPMENT STANDARDS
A. Unless otherwise specified in this text or the site plan, the applicable development standards shall be those contained in Chapter 3355, C-4 (Commercial) and Section 3357.18 of the City of Columbus Code.
B. Site Plan Commitments
1. The property shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical, or other site plan data that is developed at the time the final 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 Development, or the Director's designee, upon submission of the appropriate data regarding the proposed adjustment. The general layout and the site concept shall, however, conform to the site plan.
C. Landscaping Commitments
1. The property shall be landscaped in accordance with the submitted landscape plan. The landscape plan may be slightly adjusted to reflect engineering, topographical, or other site plan data that is developed at the time the final development and engineering plans are completed. Any slight adjustment to the landscape plan shall be reviewed and may be approved by the Director of the Department of Development, or the Director's designee, upon submission of the appropriate data regarding the proposed adjustment. The general plant types and the landscaping concept shall, however, conform to the landscape plan.
D. Lighting, Outdoor Display Areas, and/or other Environmental Commitments
Lighting
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent off-site spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
3. Light poles in the parking lot shall be of a color in harmony with the buildings and canopy on the site.
4. Light poles in the parking lot shall not exceed twenty-eight (28) feet in height.
Outdoor Display Areas
1. Outdoor display areas shall be allowed in front of the convenience store along the sidewalk, four (4) feet in depth and twelve (12) feet in width, plus an area four (4) feet by four (4) feet at the ends of the pump islands. In addition, an outside storage area shall be allowed immediately behind the convenience store, four (4) feet in depth and fifteen (15) feet in width, if it is screened from the private drive by landscaping or other suitable buffer.
2. The maximum height for any outside display area shall be three (3) feet.
3. Outdoor display areas shall only contain those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to firewood, mulch, flowers, and Christmas decorations.
D. Graphics and/or Signage Commitments
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 must be submitted to the Columbus Graphics Commission for consideration.
2. Sign setbacks along Sancus Boulevard and Worthington Woods Boulevard shall be maintained as shown on the site plan.
3. The ground sign at the corner of Sancus Boulevard and Worthington Woods Boulevard shall not exceed ten (10) feet in height as measured from the top of the curb.
4. Ground sign exterior materials shall be consistent with the exterior materials of the buildings.
5. Only internally illuminated and non-illuminated graphics shall be utilized. Future exterior graphics utilizing electronic message displays and/or individual changeable letters shall be prohibited. Fuel pricing and advertisement graphics for the deli shall be allowed.
6. Graphics on the canopy shall be allowed.
4. CPD REQUIREMENTS
A. Natural Environment
The site has already been developed. All landscaping shown on the landscape plan shall be maintained in good health.
B. Existing Land Use
The site is currently developed with a convenience store (containing a deli), gasoline pumps, a canopy, and a car wash.
C. Transportation and Circulation
The site is located at the southwest corner of Sancus Boulevard and Worthington Woods Boulevard. There are two curb cuts, one on each street, connected by an access drive that runs behind the buildings on the site.
Car Wash Bypass Lane
A bypass lane shall be provided for the car wash with a mountable curb as shown on the site plan.
D. Visual Form of Environment
Height
The buildings and canopy shall not exceed twenty-five (25) feet in height.
E. View and Visibility
Dumpster
The dumpster shall be located as shown on the site plan and shall be screened on all sides with a wood fence and a gate six (6) feet in height.
F. Proposed Development
No new development or redevelopment is proposed at this time.
G. Behavior Patterns
Traffic ingress and egress is via the two existing curb cuts on Sancus Boulevard and Worthington Woods. An access drive runs behind the buildings on the site to allow adequate circulation for delivery trucks.
H. Emissions
The existing development is equipped with a vapor recovery system that captures fuel emissions from the pumps. Refuse is handled by the existing dumpster.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.