Explanation
REZONING APPLICATION: Z03-037
APPLICANT: Kroger Co.; c/o Dave Perry, Agent, The David Perry Company and Donald Plank, Atty., Plank and Brahm; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Convenience retail and fuel sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-1) on June 10, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow the removal of existing parking spaces that are not code required to add motor vehicle fuel and convenience retail sales to an existing shopping center zoned in the C-4, Commercial District. The parking lot is buffered from Worthington Woods Boulevard by an earth mound that is landscaped with grass, shrubs, ornamental trees and evergreens. CPD development standards address canopy location and design, building materials, site access, new and existing landscaping, hours of operation, outdoor display location and, at the request of the Far North Columbus Communities Coalition, prohibits LP (natural gas) fuel sales and truck or car rental/leasing at this facility. This proposal is consistent with a recent citywide zoning and development pattern that has added gasoline sales as a commercial use to shopping centers anchored by grocery stores.
Title
To rezone 1480 WORTHINGTON WOODS BOULEVARD (43085), being 0.47± acres located on the west side of Worthington Woods Boulevard, 575± feet south of Park Road, From: C-4, Commercial District, To: CPD, Commercial Planned Development District (Z03-037).
Body
WHEREAS, application #Z03-037 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.92± acres, From: C-4, 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 requested CPD, Commercial Planned Development District would allow the removal of existing parking spaces that are not code required to add motor vehicle fuel and convenience retail sales to an existing shopping center zoned in the C-4, Commercial District. The parking lot is buffered from Worthington Woods Boulevard by an earth mound that is landscaped with grass, shrubs, ornamental trees and evergreens. CPD development standards address canopy location and design, building materials, site access, new and existing landscaping, hours of operation, outdoor display location and, at the request of the Far North Columbus Communities Coalition, prohibits LP (natural gas) fuel sales and truck or car rental/leasing at this facility. This proposal is consistent with a recent citywide zoning and development pattern that has added gasoline sales as a commercial use to shopping centers anchored by grocery stores; 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:
1480 WORTHINGTON WOODS BOULEVARD (43085), being 0.47± acres located at the southwest corner of Worthington Woods Boulevard and Park Road, and being more particularly described as follows:
DESCRIPTION OF A 0.465 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF PARK ROAD AND WEST OF WORTHINGTON WOODS BOULEVARD IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO FOR THE KROGER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 1, Township 2, Range 18, United States Military Lands and being part of Lots No. 7 and No. 8 of Jenkin's and Smith's Survey, containing 11.699 acres of land, more or less, 11.548 acres of said 11.699 acres being out of that 23,144 acre tract of land described in EXHIBIT "A" in the deed to WORTHINGTON DEVELOPMENT COMPANY, of record in Official Record 19369D10, both being of record if the Recorder's Office, Franklin County, Ohio, said 11.699 acres of land.
Beginning reference point is an existing pin along the right of way of Worthington Woods Boulevard north of Worthington Centre drive;
Thence S 03° 30' 16", W a distance of 24.97' to a point;
Thence S 86° 51' 11" E a distance of 192.49 to a point;
Thence N 03° 09' 06" E a distance of 103.76' to a point;
Thence N 87° 12' 91" W a distance of 196.65' to a point;
An arc of a curve to the left having a radius of 790.00', central angle of 5° 56' and a chord that bears s 6° 0' 49" W, a chord distance 79.95' to the point of beginning containing .465 acre, more or less, of sub area and being subjected to all easements, restrictions, and right of ways of record.
To Rezone From: C-4, 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 plans being titled "CPD SITE PLAN, SD-1," "CPD SITE PLAN, SD-2," and "CPD SITE PLAN, LS-1," and CPD text titled "DEVELOPMENT TEXT, CPD COMMERCIAL PLANNED DEVELOPMENT, 0.465± ACRES," all 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, 0.465 ± ACRES
EXISTING DISTRICT: C-4, Commercial
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 1480 Worthington Woods Boulevard, Columbus, OH
OWNERS: Regency Centers LP c/o Dave Perry, Agent for Property Owner, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Esq., Attorney for Property Owner, Plank & Brahm 145 East Rich Street, Columbus, OH 43215
APPLICANT: Kroger Co. c/o Dave Perry, Agent for Applicant, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 and Donald Plank, Esq., Plank & Brahm, 145 East Rich Street Columbus, OH 43215
DATE OF TEXT: June 11, 2004
APPLICATION NUMBER: Z03- 037
INTRODUCTION:
The site is 0.465+ acres located on the west side of Worthington Woods Boulevard, 750+ feet south of Park Road. Existing zoning is C-4, Commercial. Applicant proposes to rezone the property to permit retail motor vehicle fuel sales. The area of the proposed retail fuel facility is presently part of the parking lot for the shopping center. The parking to be removed for the fuel center is not code required parking. The plan titled " CPD Site Plan" dated 01/15/04, hereinafter referred to as "The Plan", consisting of three (3) sheets (SD-1, SD-2, LS-1), is submitted with this application and is hereby incorporated by reference as the development plan for the proposed fuel center. Minor adjustment of The Plan shall be permitted for minor differences in the engineered plan.
1. PERMITTED USES: The following uses shall be permitted:
a) All uses of Section 3356.03, C-4, Permitted Uses,
b) Motor vehicle fuel sales and convenience retail sales, in conjunction with motor vehicle fuel sales,
2. DEVELOPMENT STANDARDS: Except as specified herein and as represented on The Plan, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Setbacks and location of the fuel pump islands, attendant's kiosk and canopy shall be as depicted on The Plan, subject to minor adjustment with final site engineering.
2. The site shall be designated a H-35 Height District, but the gas station canopy shall not exceed eighteen (18) feet above grade to the top of the canopy.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Vehicular access points and vehicular circulation patterns for the fuel center shall be as depicted on The Plan. The fuel center shall not have direct vehicular access to Worthington Woods Boulevard.
2. In conjunction with construction of the motor vehicle fuel sales use:
a) The existing concrete curbed island located adjacent to the north side of the fuel area shall be shortened, as depicted on The Plan, to facilitate left turning movements into the fuel center, as depicted on The Plan, and
b) The west bound entrance to the shopping center from Worthington Woods adjacent to the north side of the fuel center shall be restriped to provide a left turn lane into the fuel center, as depicted on The Plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The existing plant material and mounding in the Worthington Woods parking setback shall be maintained. The setback varies from approximately 25 feet at the southeast corner of the site to approximately 30 feet at the northeast corner of the site due to the curvature of Worthington Woods Boulevard. The existing parking setback to be maintained is established by the existing concrete curb of the shopping center parking lot and the west right of way line of Worthington Woods Boulevard. Existing landscaping, as depicted on Sheet LS-1 of the Plan, at the time of this application, shall be maintained other than replacement of dead of dieing plant material. Additional landscaping may be provided. If any existing landscaping (Sheet LS-1) dies, applicant will replace the plant material that died within 3 months, weather permitting, on a 2 for 1 basis (# of plants) based on plant material size requirements itemized in Section C (4) with the same or comparable type of plant material.
2. The existing row of 90 degree parking spaces immediately adjacent to the west side of the existing parking setback referenced in C (1) and the aisle providing access to the row of 90 degree parking spaces shall be maintained, as depicted on The Plan.
3. New landscaping shall be provided in new landscape islands along the south side of the fuel center, as depicted on The Plan (Sheet LS-1).
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within three (3) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper, Ornamental - 1 ½ inch caliper, Evergreen - 5 - 6 feet tall. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The gas canopy columns and attendant's kiosk building shall be finished in brick on all sides. The brick shall be selected to be compatible in design and appearance with existing brick on the shopping center buildings. The canopy facades shall be finished in E.I.F.S or comparable material to match existing E.I.F.S. finish on the shopping center buildings.
2. Canopy and attendant kiosk building elevations shall be finished on all sides/elevations with the same level and quality of finish.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all parking lot light poles shall substantially match the existing light poles in the shopping center. Parking lot light poles shall not exceed the height of the existing light poles in the shopping center. If any new parking lot light poles are installed, applicant shall provide the height of existing parking lot light poles on the site plan for Certificate of Zoning Clearance to document that any proposed parking lot lighting does not exceed the height of existing parking lot lighting.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
6. Canopy lighting over gasoline pump islands shall be fully recessed
in the canopy so the canopy light fixture surface is approximately flush with the surface of the canopy.
7. Outdoor product display shall be limited to a five (5) foot perimeter around the attendant's kiosk. There shall be no outside storage. There shall be no leasing or sale of vehicles and there shall be no sale or exchange of propane canisters.
F. Graphics and Signage Commitments
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-5, Commercial District for the fuel center development. If the site is not developed with the proposed fuel center, then all graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District, as presently permitted. Any variance to the applicable requirements of the C-5 or C-4 District, as applicable, shall be submitted to the Columbus Graphics Commission.
2. No sign shall be placed on the Worthington Woods Boulevard canopy face (east elevation) of the pump island canopy.
G. Other CPD Requirements
1. Natural Environment: The natural environment of the site is flat and is part of the existing shopping center parking lot.
2. Existing Land Use: The property is presently part of an existing parking lot.
3. Circulation: Access to and from the site will be via existing curbcuts for the shopping center as long as the site is developed for the sale of motor vehicle fuels.
4. Visual Form of the Environment: The area surrounding the site is zoned and developed with commercial uses to the north, west and south. Worthington Woods Boulevard abuts the site to the east.
5. Visibility: Worthington Woods Boulevard is an arterial right of way and provides primary access to the shopping center.
6. Proposed Development: Commercial development consisting of motor vehicle fuel sales, and attendant's building and convenience retail sales.
7. Behavior Patterns: The site will be accessed from existing shopping center curbcuts and also by internal circulation within the shopping center.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: None
H. Miscellaneous
1. The hours of operation of the fuel center shall be no earlier than 6AM and no later than 12 midnight, seven (7) days a week.
2. The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application, including any and all specific site development standards contained in this ordinance, other than as may be under the jurisdiction of the Columbus Graphics Commission.
3. The fuel center area may be split from the shopping center to establish a separate parcel, if desired, based on the zoning lines established by this CPD. If split, all applicable easements shall be granted between the fuel center parcel and the residual shopping center parcel(s) to provide common vehicular and pedestrian circulation and common use of the fuel center and shopping center parking. No direct vehicular access to Worthington Woods Boulevard is permitted regardless of whether the site is split or if it remains part of the existing parcel.
4. The plan titled "CPD Site Plan" dated 01/15/04, hereinafter referred to as "The Plan", consisting of three (3) sheets (SD-1, SD-2, LS-1), is submitted with this application and is hereby incorporated by reference as the development plan, in conjunction with this Text, for the proposed fuel center. Minor adjustment of The Plan may be permitted for minor differences in the engineered plan. Any slight adjustments to the plan is subject to review and approval by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment. The Plan is only applicable to site development if the site is developed with the retail motor vehicle fuel sale use depicted thereon. Depiction of a portion of the shopping center outside the fuel center area on the referenced drawings does not create any condition or restriction on property outside the area being rezoned other than as itemized in 2. B(2) of this text.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.