Explanation
REZONING: Z02-078.
APPLICANT: Tanglewood Park LLC et al The New Albany Company, LP; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Suite 725; Columbus, Ohio 43215.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 13, 2003.
CITY DEPARTMENT'S RECOMMENDATION: Approval. The applicant requests the CPD, Commercial Planned Development District to develop the site with a car wash and separate convenience store with gasoline sales. The proposal is consistent with the established zoning and development patterns of the area and includes applicable Northland Development Standards as recommended by the Northland Plan Volume II (2002).
Title
To rezone 5693 NORTH HAMILTON ROAD (43230), being 6.4± acres located on the west side of North Hamilton Road, at the northwest and southwest corners of Menerey Lane, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District (Z02-078). (AMENDED BY ORD. 0623-2006 PASSED 04/03/2006)
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WHEREAS, application #Z02-078 is on file with the Building Services Division of the Department of Development requesting rezoning of 6.4± acres from L-C-4, Limited Commercial 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 applicant's request for the CPD, Commercial Planned Development District to develop the site with a car wash and separate convenience store with gasoline sales is consistent with the established zoning and development patterns of the area and includes applicable Northland Development Standards as recommended by the Northland Plan Volume II (2002), 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:
5693 NORTH HAMILTON ROAD (43230), being 6.4± acres located on the west side of North Hamilton Road, at the northwest and southwest corners of Menerey Lane, and being more particularly described as follows:
DESCRIPTION OF A 4.386 ACRE TRACT, City of Columbus, Franklin County, Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 17, Quarter Township 4, Township 2, Range 17, United States Military Lands and being a 4.386 acre tract out of that original 34.058 acre tract conveyed to the New Albany Company Limited Partnership of record in Official Record 34304J16 (all references to the records of the Recorder's Office of Franklin County, Ohio) and described as follows:
Beginning, for reference, at a point at the intersection of the centerline of Hamilton Road and the centerline of Menerey Lane, of record in Plat Book 86, Pages 6 and 7;
thence North 03° 07' 54" East, along the centerline of Hamilton Road, a distance of 45.00 feet to a point;
thence North 86° 52' 06" West, perpendicular to the centerline of Hamilton Road, a distance of 40.00 feet to a point in the westerly right-of-way line of Hamilton Road, and also being the True Point of Beginning;
thence North 86º 52' 06" West, with the northerly right-of-way line of Menerey Lane, a distance of 20.00 feet to a point at a southeasterly corner of that 1.793 acre tract conveyed to Bank First National, of record in Instrument Number 199806100142793;
thence with the line of said 1.793 acre tract, the following courses and distances:
North 03º 07' 54" East, a distance of 286.14 feet to a point;
South 82º 42' 31" West, a distance of 55.73 feet to a point;
South 77º 09' 30" West, a distance of 244.64 feet to a point;
thence with the line of that 35.686 acre tract conveyed to 4701 Rexwood Drive Apartments Investors LLC, of record in Instrument Number 200206280159719, the following courses and distances:
North 03º 07' 54" East, a distance of 641.27 feet to a point;
South 86º 47' 16" East, a distance of 310.27 feet to a point in the westerly right-of-way line of Hamilton Road;
thence with the westerly right-of-way line of Hamilton Road, the following courses and distances:
South 03º 12' 44" West, a distance of 193.13 feet to a point;
South 03º 07' 54" West, a distance of 656.44 feet to the True Point of Beginning, containing 4.386 acres, more or less.
Subject, however, to all restrictions, easements, and rights-of-way of record.
DESCRIPTION OF A 2.011 ACRE TRACT, City of Columbus, Franklin County, Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 17, Quarter Township 4, Township 2, Range 17, United States Military Lands and being a 2.011 acre tract out of that original 34.058 acre tract conveyed to the New Albany Company limited Partnership of record in Official Record 34304J16 (all references to the records of the Recorder's Office of Franklin County, Ohio) and described as follows:
Beginning, for reference, at a point at the intersection of the centerline of Hamilton Road and the centerline of Menerey Lane, of record in Plat Book 86, Page 6;
thence South 03° 07' 54" West, along the centerline of Hamilton Road, a distance of 45.00 feet to a point;
thence North 86° 52' 06" West, perpendicular to the centerline of Hamilton Road, a distance of 40.00 feet to a point in the westerly right-of-way line of Hamilton Road, and also being the True Point of Beginning;
thence South 03° 07' 54" West, with the westerly right-of-way line of Hamilton Road, a distance of 276.01 feet to a point;
thence crossing said 34.058 acre tract, the following courses and distances;
North 86° 58' 26" West, a distance of 297.33 feet to a point;
North 03° 07' 54" East, a distance of 296.56 feet to a point in the southerly right-of-way line of said Menerey Lane;
thence with the southerly right-of-way line of Menerey Lane, the following courses and distances;
South 86° 52' 06" East, a distance of 257.33 feet to a point of curvature;
with said arc to the right (Delta = 90º 00' 00", Radius = 20.00 feet) a chord bearing and distance of South 41° 52' 06" East, 28.28 feet to a point;
South 86° 52' 06" East, a distance of 20.00 feet to the True Point of Beginning, containing 2.011 acres, more or less.
Subject, however, to all restrictions, easements, and rights-of-way of record. EVANS, MECHWART, HAMBLETON & TILTON, INC.
To Rezone From: L-C-4, Limited Commercial 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, "PARCEL EXHIBIT FOR PRESERVE RETAIL," and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT ," both signed by Jeffrey L. Brown, Attorney for the Applicant and dated June 3, 2003, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 5693 North Hamilton Road
OWNER: The New Albany Company, LP
APPLICANT: Same as owner
DATE OF TEXT:6/03/03
APPLICATION NUMBER: Z02-078
I. INTRODUCTION: The applicant wants to add some additional uses to the existing zoning which reflect market interest in the property.
1. PERMITTED USES: Convenient store with gas sales; automatic or self serve car wash and those uses permitted in Section 3356.03 (C-4) of the Columbus City Code with the following exclusions:
Adult bookstore, Adult-only motion picture, Adult-only entertainment, Assembly hall, Auto park, Book bindery, Bus or truck terminal, Electric substation, Gas station, Greenhouse and nursery, Ice house, Motel, Newspaper printing, Poultry killing, Stables, and Tinsmith.
The location of the convenient store with gas sales is restricted to the south side of Menerey Lane adjacent to Hamilton Road.
2. DEVELOPMENT STANDARDS: Unless otherwise indicated within this limitation text the applicable development standards of Chapter 3356 (C-4) of the Columbus City Code apply.
A. Density, Height, Lot and/or Setback commitments.
1. The permitted maximum density shall not exceed the ratio of 12,000 square feet of building per net acre of site for the entire site.
2. The setback along Hamilton Road shall be 40 feet for parking and maneuvering areas and 60 feet for building except for a gas canopy which may have a 40 foot setback.
3. The setback along Menerey Lane shall be 25 feet for parking and maneuvering areas and 50 feet for building except for a gas canopy, which may have a 25 foot setback.
4. Maximum height for canopies shall be 22 feet.
5. Lot coverage shall not exceed 80% of the total lot area.
B. Access, Loading, Parking and/or other Traffic related commitments.
1. Applicant shall provide 60 feet of right-of-way from the centerline of Hamilton Road prior to zoning clearance.
2. One full access curb cut and one right-in / right-out curb cut to Hamilton Road shall be permitted.
3. Location and design details of the curb cuts shall be reviewed and approved by the City's Transportation Division.
4. The developer shall establish an access easement across the subject site so that vehicular traffic can access Menerey Lane.
5. Developer shall install a sidewalk along the Hamilton Road frontage.
6. Size, ratio and type of parking and loading facility shall be regulated by the Columbus City Code, Chapter 3342.
7. The view of all loading docks shall be fully screened from any adjacent public street, off-site building, building, or parking lot. Such screening shall achieve 90% opacity to a minimum height of six (6) feet from finished grade.
8. If the developer builds more than a car wash / oil change facility or develops more than 2 acres of the subject property, then the developer shall construct a third lane on Hamilton Road along its frontage. If the third lane has been constructed or if other parties have agreed to construct said lane, then this subject property shall no longer have any obligation to add said third lane.
C. Buffering, Landscaping, Open space and/or Screening commitments.
1. Within the required 40 foot green space corridor along Hamilton Road, fencing and landscaping shall be required for a minimum of 65% of the frontage within each parcel; such fencing and landscaping shall be uniformly placed within the last 10 feet of the required 40 foot green space corridor at a minimum distance of 30 feet from the right-of-way. The fencing shall consist of a 3-board fence that is painted or stained white and is a maximum of 54 inches in height. It shall be constructed of 1 1/8 inches x 6 inches x 16 foot treated wood boards attached to 6 to 7 inch treated posts, with face boards, located 8 feet on center. The landscaping shall consist of deciduous shade trees (minimum 2.5 inch caliper upon installation); ornamental trees (minimum 1.5 inch caliper upon installation) and evergreen trees (minimum 5 feet in height upon installation). Evergreen and/or deciduous shrubs and mounding may be used. To insure the utilization of a variety of plant material, 3 evergreen trees, 3 ornamental trees, and 2 shade trees and at least 5 shrubs shall be used for every 100 feet of frontage that is landscaped.
2. Street tree planting shall be required within the setback area along Hamilton Road. Such trees shall be those specified in the Columbus Street Program guidelines from the City of Columbus Forester and have a minimum caliper upon planting of 2.5 inches and a minimum spacing of 35 feet on center and located 1 foot from the edge of right-of-way.
3. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage with a minimum height of 30 inches as measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of an evergreen hedge, earth mounding or wall. The requirements of this paragraph may be included as part of the landscaping treatment required in Section 3(c)(1) above so long as the total number of trees planted and the height of the screening meet the requirements of these two sections.
4. All major entries shall be developed by utilizing the fencing and landscape material noted in Section 3(c)(1) above.
5. 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:
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 20,000 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.
6. 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 area.
7. Landscaping islands are required within parking lots and shall be provided at a rate of 5 square feet of landscaped area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
8. The landscaping required in this section may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus City Code.
9. Minimum tree size shall be no less than 2.5 inch caliper for street and/or shade trees, minimum 5 feet in height for evergreen trees and 1.5 inch caliper for ornamental trees.
10. If landscaping is used to screen service area containing dumpsters, 90% opacity is required for all non-servicing side and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than seven (7) feet above finish grade.
11. There shall be no exterior sound system either portable or permanent on this property that can be heard from the Park District property west of this sub-area.
D. Building design and/or Interior-Exterior treatment commitments.
1. For all uses constructed within this sub-area, all roofs shall be sloped and have a minimum pitch of 4:12 except for entry portals and gas canopy. The sloped roof noted above shall be finished with one of the following materials: dimensional asphalt shingle, wood shakes, slate, composite slate, tile, standing metal seam or copper.
2. All buildings within this described zone shall be constructed of brick as the primary exterior material covering at least 60% of building elevation excluding doors and windows. Brick size and color shall be the same for all buildings although brick does not need to come from the same manufacturer.
3. No materials, supplies, equipment, or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure except as provided in Section E.6 below.
4. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same materials utilized on building roof or exterior. Color shall also match building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from view by wall, fence or landscape material.
5. Blank facades on rear of buildings will not be permitted; therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required. Such articulation shall be evenly spaced along the building elevation at a distance no greater than 20 feet, 0 inches.
6. All buildings shall be finished utilizing the same materials on all sides of the exterior.
7. In addition to using building elevations to articulate building mass, individual elevations shall be articulated with fenestrations, pattern or structural expression equal on all sides of each structure. Through the use of articulated building elements, such as porticos, dormers, recesses and other such elements, the overall building mass will appear to be reduced and will reflect a residential character.
E. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external outdoor lighting shall be cut-off type fixtures (down lighting). However, buildings and landscaping may be illuminated with up-lighting from concealed sources. No colored light shall be used to light the exterior of any building.
2. All external outdoor lighting to be used shall be from the same manufacturer type or family to ensure aesthetic compatibility. All light poles and standards shall be in dark brown, bronze or black.
3. Parking lot lighting shall be no higher than 28 feet except that within one hundred feet of residentially zoned property the maximum light height shall be 18 feet.
4. Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
5. Landscaping at entries to parking lots and buildings shall be uplighted by ground-mounted concealed fixtures.
6. Outside Display areas shall be limited to a convenient store with gasoline sales located south of Menery Lane and shall be developed pursuant to the following restrictions:
a. Outside displays may be located at the end of each pump island, and shall be no more than three (3) feet in width and three (3) feet in length except for the Hamilton Road side of the exterior pump islands where there shall be no outside display.
b. Outside displays may be located In front of the building along the sidewalk, and shall be not more than three (3) feet in depth and twelve (12) feet in width; said sidewalks shall be at least eight feet in depth to provide a minimum unobstructed strip for pedestrian traffic of not less than five feet (5').
c. The maximum height for any outside storage areas shall be thee (3) feet.
d. Notwithstanding the size or height limitations any exterior propane storage enclosure or an ice machine may be located on the sidewalk along the front or side of the building; said sidewalks shall be at least eight feet in width.
e. The outdoor display areas shall contain only those items normally and customarily sold by a convenience store and other seasonal items and products, including but not limited to, fire wood, mulch, flowers, Christmas wreaths, etc.
F. Graphics and Signage commitments.
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphic Code as it applies to the C-4, Commercial district. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous commitments.
1. CPD Criteria
a. NATURAL ENVIRONMENT: The site is flat and undeveloped.
b. ENTRY LAND USES: To the south is an existing financial institution and to the west is an existing apartment complex.
c. TRANSPORTATION AND CIRCULATION: The site will have access to Hamilton Road and Menerey Lane.
d. VISUAL FORM OF THE ENVIRONMENT: The final architecture will be determined at the time of development subject to the conditions contained in this text.
e. VIEW AND VISIBILITY: In the development of the subject property and in the location of the buildings and access points, consideration will be given to the visibility and safety of the motorists and pedestrians.
f. PROPOSED DEVELOPMENT: Commercial uses as permitted by the text.
h. EMISSIONS: No adverse affect from emissions shall result from the proposed development.
i. BEHAVIOR PATTERNS: The proposed development will rely upon the traffic along Hamilton Road and the increasing residential development both east and west of Hamilton Road.
2. Variances Requested.
The proposed development will require a variance to reduce the minimum permitted building setback from 60 to 40 feet for the canopy. Such variances are regularly permitted for canopies at gas sales stations as is the need at this site.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.