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File #: 2241-2006    Version: 1
Type: Ordinance Status: Passed
File created: 11/29/2006 In control: Zoning Committee
On agenda: 2/26/2007 Final action: 2/27/2007
Title: To rezone 1000 EAST DUBLIN-GRANVILLE ROAD (43229), being 9.55± acres located at the northeast corner of East Dublin-Granville Road and Boardwalk Street, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z06-070)
Attachments: 1. ORD2241-2006.attchmnts.doc.pdf, 2. City Council Data Form_Z06-070.pdf, 3. Z06-070 labels.pdf

Explanation

 

 

Rezoning Application Z06-070

 

APPLICANT:  Giant Eagle Inc.; c/o Jackson B. Reynolds III, Atty., Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.

 

PROPOSED USE:  Grocery store with drive-through pharmacy.

 

DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on November 9, 2006.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development District would allow for the addition of a drive-through pharmacy to an existing grocery store.  The Transportation Division has determined that the 67-space parking reduction and the variance to allow stacking in the maneuvering area can be supported.  The remainder of the limitation text has been updated to be consistent with the current Zoning Code.

 

 

 

Title

 

To rezone 1000 EAST DUBLIN-GRANVILLE ROAD (43229), being 9.55± acres located at the northeast corner of East Dublin-Granville Road and Boardwalk Street, From:  CPD, Commercial Planned Development District, To:  CPD, Commercial Planned Development District. (Rezoning # Z06-070)

 

 

 

Body

 

WHEREAS, application #Z06-070 is on file with the Building Services Division of the Department of Development requesting rezoning of 9.55± 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 would allow for the addition of a drive-through pharmacy to an existing grocery store.  The Transportation Division has determined that the 38-space reduction and the variance to allow stacking in the maneuvering area can be supported.  The remainder of the limitation text has been updated to be consistent with the current Zoning Code; 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:

 

1000 EAST DUBLIN GRANVILLE ROAD (43229), being 9.55± acres located at the northeast corner of East Dublin-Granville Road and Boardwalk Street, and being more particularly described as follows:

9.55 ACRES

 

                     Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 4, Township 2, Range 18, United States Military Lands, being part of the 11.065 acre tract conveyed to Simmerwood Associates by deed of record in Instrument Number 200004140073134, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:

 

                     BEGINNING at a point at the intersection of the northerly right-of-way line of Dublin-Granville Road (State Route 161) with the line common to said 11.065 acre tract and the original 4.0022 acre tract conveyed to Northland Hotel, Inc. by deed of record in Official Record 19793 H08;

 

                     Thence with the northerly right-of-way line of said Dublin-Granville Road (State Route 161), the following courses and distances:

 

                     North 85° 12' 30" West, a distance of 116.05 feet, across said 11.065 acre tract, to a point at the easterly corner of the 0.177 acre tract conveyed to State of Ohio by deed of record in Deed Book 2889, Page 404;

 

                     North 69° 49' 18" West, a distance of 124.46 feet, with the northerly line of said 0.177 acre tract, to a point;

 

                     North 87° 07' 51" West, a distance of 115.00 feet, with the northerly line of said 0.177 acre tract, to a point;

 

                     South 79° 03' 28" West, a distance of 147.86 feet, with the northerly line of said 0.177 acre tract, to a point;

 

                     North 88° 43' 33" West, a distance of 103.38 feet, across said 11.065 acre tract, to a point in the line common to said 11.065 acre tract and the 1.04 acre tract conveyed to State of Ohio by deed of record in Deed Book 2889, Page 407, being the easterly right-of-way line of Service Road No. 2;

 

                     Thence North 42° 57' 53" West, distance of 13.95 feet, with said easterly right-of-way line and the line common to said 11.065 and 1.04 acre tracts, to a point;

 

                     Thence North 02° 47' 37" East, a distance of 692.63 feet, continuing with said easterly right-of-way line and the line common to said 11.065 and 1.04 acre tracts, to the common corner of said 11.065 acre tract and the 3.205 acre tract conveyed to Rainbow Development Corporation by deed of record in Instrument Number 200308250269214;

 

                     Thence South 87° 01' 30" East, a distance of 606.09 feet, with the northerly line of said 11.065 acre tract and the southerly lines of said 3.205 acre tract and the 0.695 acre tract conveyed to Rainbow Development Corporation by deed of record in Instrument Number 200308250269214, to a point in the westerly line of said original 4.0022 acre tract;

 

                     Thence South 02° 44' 30" West, a distance of 703.98 feet, with the line common to said 11.065 acre tract and original 4.0022 acre tract, to the POINT OF BEGINNING, containing 9.55 acres, more or less.

 

                     The above description was prepared from existing records, is NOT based on an actual field survey and is for zoning purposes only.

 

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,  "GIANT EAGLE MARKET #6502 LANDSCAPE ENHANCEMENT" signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated  November 21, 2006; and text titled, "CPD TEXT," signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated January 19, 2007, and the text reading as follows:

 

CPD TEXT

 

PROPOSED DISTRICT: Commercial Planned District (CPD)

PROPERTY ADDRESS: 1000 E. Dublin-Granville Rd

OWNER: Simmerwood Associates

APPLICANT: Giant Eagle, Inc.

DATE OF TEXT: 1/19/07

APPLICATION NUMBER: Z06-070

 

1.  INTRODUCTION: The proposed use of the 9.55 acres is to develop a grocery store, pharmacy drive thru, and a fuel station.

 

2.  PERMITTED USES: Allowable use on the subject site shall be those governed by Chapter 3356, C-4 Commercial District, and City of Columbus Zoning Code.  Businesses engaged in the retail sales of gasoline shall also be permitted.  The following uses shall not be permitted:

 

Automobile Sales, Leasing and Rental, Billboards or off premise graphics, Bowling centers, Business College, Bars, Cabarets and Night clubs, Funeral Homes and Services, Automotive Maintenance and Repair, Hotels and Motels, Parking Lots and Garages, Search lights, Skating Rink, Testing or Experimental Laboratory, Trade School, Commercial Radio-Transmitting or Television Station and appurtenances or Monopole Telecommunication Antennas.

 

3.  DEVELOPMENT STANDARDS: Except as otherwise noted, the site shall be developed in accordance with the development standards contained in Chapter 3356, C-4, Commercial District, this written text, and the accompanying Site Plan which are incorporated in this limitation text by reference as if fully rewritten herein.  Minor adjustments can be made due to engineering considerations if the Director of the Department of  Development approves the same.

 

A.   Density, Height, Lot and/or Setback Commitments:

 

1.  The property shall be developed in accordance with the submitted site plan.  These plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time final development and engineering plans are completed.  Any slight adjustment in the site 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.

 

2.  This development shall adhere to a 35' maximum building height except that architectural feature such as parapets and appendages may exceed 35' in height.

 

3.  The proposed building and fuel station structures shall not exceed a total of 130,000 square feet.

 

4.  Along and adjacent to East Dublin-Granville Road, minimum setback of sixty (60) feet shall be required for the proposed fuel station as measured from the right-of-way of the Service Road north of Dublin-Granville Road.  The building setback for the proposed grocery store shall be one hundred ten (110') feet as measured from the right-of-way of the Service Road north of Dublin-Granville Road.

 

B.  Access, Loading, Parking and/or Other Traffic Related Commitments:

 

No access shall be permitted to Dublin-Granville Road or Service Roads other than as provided on the site plan.  The final design and location of each access point is subject to review and approval by the Columbus Transportation Division.

                     

C.  Buffering, Landscaping, Open Space and/or Screening Commitments:

 

1.  No loading dock shall be placed adjacent to residential zoning, as long as such zoning exists, unless screening is provided by six-foot high board on board, brick or combination of the two, fence with opacity not less than 75%.

 

2.  Landscaping of the property shall be in accordance with the Northland Development Standards as provided in the submitted site plan and this text.

 

3.  All parking areas adjacent to East Dublin-Granville Road and Boardwalk Street (Service Road No. 2) shall have headlight screening of minimum thirty (30) inches height parallel to such road frontage as measured from the elevation of the nearest section of the adjacent parking areas.  The screening shall consist of soil mounding with seeded or sodded areas and landscape plantings.

 

4.  Tree plantings shall be required within site parking and service areas.  The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2.5 inch caliper per tree) to total site coverage by buildings and pavement.

 

1.  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.

 

2.  The minimum number of trees and sizes that shall be planted on the site are as follows:

 

Deciduous Trees:                     55 at 2 ½" caliper

Ornamental Trees:                     25 at 1 ½" caliper

Evergreen Trees:                                          30 at 5'

The trees shall be located 30' off center or grouped on the site.

 

3.  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 this requirement.  Maximum possible green space shall be provided to minimize extensive unbroken hard surface areas.

 

4.  Landscape islands are required within the parking lots and shall be placed in such a manner as to visually break up large expanses of pavement.

 

5.  Landscaping shall be maintained in a neat condition and dead materials shall be replaced with new landscaping which meets the size requirements contained in this text and the accompanying site plan, within six months or the next planting season.

 

6.  Lot coverage for structures and paved areas may not exceed ninety percent (90%) of net usable area (gross zoned acreage excluding publicly dedicated streets).

 

D.  Building Design and/or Interior-Exterior Treatment Commitments:

 

Exterior facade materials for the proposed buildings shall be combination of brick, EIFS (dryvit), and/or precast concrete.

 

E.  Dumpsters, Lighting, Outdoor Displays Areas and/or Environmental Commitments:

 

1.  All external outdoor lighting shall be cut-of fixtures (down lighting) except that accent lighting may be used if directed onto structure and source is screened from view of public right-of-way.

 

2.  All external outdoor lighting fixtures to be used shall be the same or a similar manufacturer's type to ensure aesthetic compatibility.

3.  Any new parking lot lighting shall be no higher than twenty (20') feet.

 

4.  Any canopy lighting for the fuel station shall be recessed.

 

5.  The outside display area for the proposed fuel station area shall be limited to the following location:

 

a.  In front and along each side of the kiosk along the sidewalk, for (4) feet in depth and twelve (12 feet in width and a 4' x 4' area at the ends of the pump islands.

 

b.  The maximum height for any outside storage area shall be three (3) feet.

 

c.  The outdoor display area shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, firewood, mulch, flowers, Christmas wreaths.

 

6.  Landscaping shall be used to buffer the fuel station from the remainder of the site.

 

7.  No PA system shall be utilized on the main grocery store.  However, an external speaker/intercom system shall be permitted on the fuel station pump islands and on the main grocery store.

 

8.  Mechanical systems located on the roof of the fuel station shall be screened.

 

F.  Graphics/Signage Commitments:

                     

The site shall conform to the graphics plan approved by the Graphics Commission and any variation to that plan shall be submitted to the Graphics Commission.

 

G.  Variances Requested:

 

1.  The site .plan originally contained 526 parking spaces (4,16/1000).  With the addition of the proposed fuel station, the parking count is reduced to 459 spaces (3.7/1000).  The requirements for parking within the C-4 zoning classification is 1 space/250 square feet of retail.  Thus with 124,005 square feet of retail, the parking required is less 67 spaces.

 

2.  The stacking spaces for the drive-through window on the west side of the building are within the required area for maneuvering for the adjacent parking spaces.

 

H.  Miscellaneous Commitments:                     N/A

 

1.  CPD Requirements

                     

A.  Natural Environment:

 

The property is located on the north side of East Dublin-Granville Road, west of Interstate 71 and east of Busch Boulevard.  The site formerly contained the Harley Hotel and is currently a Giant Eagle grocery store and a fuel station.

                     

B.  Existing Land and Uses:

                                                                

The site is zoned CPD; to the north is property zoned C-4 and is developed with retail commercial uses; to the south is zoned C-4 and is developed with retail commercial uses; to the east is zoned C-4 and the property is developed with a restaurant and hotel; and property to the west is zoned C-4 and CPD and is developed with restaurants.

 

C.  Transportation and Circulation:

 

The curb cuts and the internal circulation pattern are shown on the submitted site plan.

 

D.  View and Visibility:

 

In the development of the subject property and in the location of the building and access points, consideration has been given to the visibility and safety of the motorist and pedestrian.  In addition, the site is visible from Interstate 71.

                                          

E.  Emissions:

                     

No adverse affect from emissions shall result from the proposed development.

 

F.  Behavior Patterns:

                                          

The site is located to the northeast of the intersection of two major arterials, Dublin-Granville Road and Busch Boulevard.  Retail/commercial zoning and land uses presently exist adjacent to this intersection.  The grocery store serves both the local community and the motorists using Dublin-Granville Road and Interstate 71.

 

SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.