Explanation
Rezoning Application Z03-071
APPLICANT: Murphy Oil USA, Inc.; c/o Tom Bentley; 131 South Robertson Street; New Orleans, Louisiana 70112.
PROPOSED USE: Gasoline sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 13, 2003.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant requests the CPD, Commercial Planned Development district to develop gasoline sales. The proposed use is consistent with the land-use and zoning patterns of the area and consistent with the development standards of the current L-C-4, Limited Commercial District.
Title
To rezone 1283 GEORGESVILLE ROAD (43328), being 0.82± acres located on the the west side of Georgesville Road opposite Parkwick Drive, From: L-C-4, Commercial Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z03-071)
Body
WHEREAS, application #Z03-071 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.82± acres from L-C-4, Commercial District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop Area Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that Murphy Oil USA, Inc. has a lease agreement with Wal-Mark Stores East, Inc. requiring that Murphy Oil USA builds and opens the Fueling Station at the same time as the Wal-Mark Supercenter Store for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the Applicant requests the CPD, Commercial Planned Development district to develop gasoline sales. The proposed use is consistent with the land-use and zoning patterns of the area and consistent with the development standards of the current L-C-4, Limited Commercial District, 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:
1283 GEORGESVILLE ROAD (43328), being 0.82± acres located on the the west side of Georgesville Road opposite Parkwick Drive, and being more particularly described as follows:
Being situated in the County of Franklin, State of Ohio and in the City of Columbus and bounded and described as follows:
MURPHY OIL LEASE PARCEL LEGAL DESCRIPTION
Columbus, Ohio
Wal-Mart Supercenter #5185
Part of Virginia Military Survey No. 1462 and No. 13950 in the City Of Columbus, Franklin County, Ohio, and being more particularly described as follows;
Commencing at an iron pipe found at the intersection of east right-of-way line of I-270 and the south right-of-way line of Hall Road; thence South 16 degrees 20 minutes East a distance of 569.94 feet to a point; thence South 19 degrees 51 minutes 26 seconds East a distance of 181.49 feet to a point, said point being the Northwest Corner of the Wal-Mart Property; thence with said Wal-Mart Property as follows: South 19 degrees 51 minutes 17 seconds East a distance of 394.66 feet to a point; thence South 30 degrees 20 minutes 47 seconds East a distance of 410.29 feet to a point; thence South 42 degrees 15 minutes 37 seconds East a distance of 179.27 feet to a point; thence North 70 degrees 08 minutes 43 seconds East a distance of 314.57 feet to a point; thence North 58 degrees 15 minutes 10 seconds East a distance of 220.00 feet to a point; thence North 58 degrees 15 minutes 10 seconds East a distance of 16.50 feet to a point; thence North 29 degrees 26 minutes 44 seconds East a distance of 271.26 feet to a point; thence South 32 degrees 07 minutes 14 seconds East a distance of 241.60 feet to a point; thence North 29 degrees 26 minutes 17 seconds East a distance of 106.97 feet to a point; thence North 70 degrees 21 minutes 17 seconds East a distance of 91.15 feet to a point; thence North 12 degrees 21 minutes 16 seconds East a distance of 114.09 feet to an iron pin set in the North right-of-way line of Georgesville Roadwhich, said iron pin set being the True Point of Beginning of the Lease Area; thence leaving said right-of-way line along and across the said Wal-Mart Property as follows: North 77 degrees 40 minutes 26 seconds West a distance of 140.94 feet to an iron pin set; thence North 17 degrees 47 minutes 54 seconds East a distance of 43.80 feet to an iron pin set; thence with a curve turning to the left, said curve having an arc length of 217.80 feet, with a radius of 674.50 feet, with a chord bearing of North 08 degrees 35 minutes 50 seconds East, with a chord distance of 216.86 feet to an iron pin set; thence South 77 degrees 40 minutes 26 seconds East a distance of 151.00 feet to an iron pin set in the North right-of-way line of said Georgesville Road; thence with said right-of-way line South 12 degrees 21 minutes 16 seconds West a distance of 260.00 feet to the point of beginning, containing 35922.66+/- square feet, or 0.825+/- acres.
To Rezone From: L-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, "COMPOSITE SITE PLAN" , "LANDSCAPE PLAN" and "SITE PLAN" all signed by Scott J. Foster, engineer for the Applicant, and dated November 26, 2003 and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT", signed by Erickson B. Mendoza, agent for the Applicant, and dated February 9, 2004, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 1283 Georgesville Road, Columbus, OH 43228
OWNER: Wal-Mart Real Estate Business Trust
APPLICANT: Murphy Oil USA, Inc.
DATE OF TEXT: February 9, 2004
APPLICATION NUMBER: Z03-071
I. INTRODUCTION: The subject property is a 0.82 Ac. located near the Georgesville Road interchange at I-270. The subject property is part of the 24.22 Ac, Wal-Mart Supercenter #5185, which is zoned L-C-4. Murphy Oil USA, Inc. is leasing the 0.82 Ac out of the 24.22 Ac Wal-Mart site to build a fueling station. It must rezone the 0.82 Ac site to Commercial Planned District. The appropriate limitations from the current L-C-4 text have been incorporated into this CPD text to ensure compatibility.
II. PERMITTED USES: A fueling station with 156 S.F. kiosk with 6 MPD (Multiple Pump Dispensers) for gasoline sales and outside display areas shall be permitted on the property.
III. DEVELOPMENT STANDARDS:
A. Density, Lot, and/or Setback Commitments.
1. Parking Maneuvering and Loading Setback. The parking, maneuvering, and loading setback from Georgesville Road shall be 25 feet
2. Store Location. The frontage of any structure used as attendant kiosk shall face the Wal-Mart Supercenter Store.
3. Building and Canopy Setbacks. The building and canopy setbacks from Georgesville Road shall be 50 feet.
4. Height. The height district shall be thirty-five feet as defined in Columbus City Code Sections 3309.14 and 3309.142.
5. Building Size. The maximum total size of all buildings on the Property shall not exceed 156 square feet.
6. Lot Coverage. Lot coverage shall not exceed 85% of the Property area. Lot coverage shall include all paved areas and buildings.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Parking Requirements. So long as the Property is used as a fueling station with gasoline sales and outdoor display areas, the parking requirements for the Property, shall be calculated at 1 parking space for each 250 square feet of gross floor area.
2. Access. Access to the Property shall be located and limited as shown on the Site Plan dated November 26, 2003, unless the City of Columbus Division of Transportation approves different access locations and/or limitations.
3. Sidewalks. Sidewalks into the Property shall be installed at any entry point where there is a traffic signal.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Georgesville Road. A row of trees with 1 tree for every 30 feet of frontage along Georgesville Road shall be installed. The trees may be equally spaced or grouped together. In addition, at least 4 trees for every 100 feet of frontage along Georgesville Road shall be installed in the parking setback along Georgesville Road.
2. Surface Parking. Any surface parking lot adjacent to Georgesville Road shall be screened from Georgesville Road with a minimum 3 foot high continuous (except at access points) planting hedge, fence, wall, or earth mound, or any combination thereof. Such screening may include the trees required by Section III.C.1.
3. Buffer. The periphery of the Property shall be landscaped per Section III.C.1 and Section III.C.2 of this text.
4. Miscellaneous Commitments.
a. The landscaping required in this section shall count towards satisfying the landscaping requirements of Columbus City Code Chapter 3342.
b. The landscaping required in this section may be satisfied or offset by preserving existing vegetation.
c. An irrigation system shall be installed for the landscaping provided on the Property.
d. Landscaping shall be maintained in a healthy state. Any dead material shall be removed and replaced with like materials at the next planting season or within 6 months, whichever occurs sooner.
e. The minimum size of any trees at installation shall be 2.5 inch caliper for deciduous, 5 feet high for evergreen, and 1.5 inch caliper for ornamental.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Rooftop Mechanicals. For any building adjacent to Georgesville Road, any rooftop mechanical equipment or other utility equipment shall be screened from Georgesville Road at the height of the equipment or to the sight line from Georgesville Road.
2. Building Materials. The façade of the building that faces Georgesville Road shall be finished with ribbed block wall. The building will be constructed of "Ribbed Block wall construction with same color scheme as Wal-Mart building".
E. Dumpsters, Lighting, Outdoor Displays Areas and/or Environmental Commitments.
1. Display Area. 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, firewood, mulch, flowers, Christmas wreaths, etc. The outdoor display area shall be limited to the front of the building along the sidewalk, with a maximum area of 4 feet in depth, 12 feet in width, and 3 feet in height.
2. Lighting.
a. All external lighting shall be cutoff-type fixtures (down lighting), and shall provide no light spillage to off-site parcels. However, buildings and landscaping may be up-lit from a concealed source. All proposed lighting will be under the canopy.
F. Graphic Commitments. The applicable graphics standards shall be those contained in Columbus City Code Article 15 as they apply to C-4, Commercial District. Any variances or special permits must be approved by the City of Columbus Graphics Commission.
IV. CPD REQUIREMENTS.
A. Natural Environment: The Property is vacant.
B. Existing Land Use: None.
C. Proposed Use: Fueling Station with gasoline sales and outdoor display areas.
D. Transportation and Circulation: The Property is part of a larger 22.42 acre tract that will be developed with retail commercial uses. It will have an internal traffic circulation and parking system. Most users will access the Property from the internal traffic system.
E. Visual Form of Environment: The Property is located near the Georgesville Road exit from I-270. Commercial used are located across Georgesville Road, with residential uses located behind those commercial uses.
F. View and Visibility: The Property is visible from Georgesville Road.
G. Behavior Patterns: The proposed use would serve freeway traffic because it is located next to a major interchange. It will also serve the existing residents to the east.
H. Emissions: No adverse effect from emissions shall result from the proposed development.
V. SITE PLAN ADJUSTMENT.
A. The Subject Site shall be developed in general accordance with Composite Site Plan(CSP), Site Plan(C2) and Landscape Plan(C7). The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans must be reviewed and approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.