Explanation
Rezoning Application Z06-008
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: Retail center with gasoline sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 9, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject property was rezoned to the L-C-4 district in 1997 under case Z96-098 and was part of a larger development, which included approximately 58+/- acres of multi-family residential housing. Giant Eagle secured a council variance (CV05-025) that was approved July 18, 2005 to permit the installation of a fuel station within the shopping center. A condition of approval of the council variance was the rezoning of the shopping center tract from L-C-4 to CPD to include the fuel station. The requested CPD, Commercial Planned Development District is consistent with the East Broad Street Study, and with the development and zoning patterns of the area.
Title
To rezone 6867 EAST BROAD STREET (43213), being 21.98± acres located on the south side of East Broad Street, 352± feet east of Rose Hill Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District. (Rezoning # Z06-008)
Body
WHEREAS, application #Z06-008 is on file with the Building Services Division of the Department of Development requesting rezoning of 21.98± acres from the L-C-4, Commercial District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the subject property was rezoned to the L-C-4 district in 1997 under case Z96-098 and was part of a larger development, which included approximately 58+/- acres of multi-family residential housing. Giant Eagle secured a council variance (CV05-025) that was approved July 18, 2005 to permit the installation of a fuel station within the shopping center. A condition of approval of the council variance was the rezoning of the shopping center tract from L-C-4 to CPD to include the fuel station. The requested CPD, Commercial Planned Development District is consistent with the East Broad Street Study, and with the development and zoning patterns of the area; 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:
6867 EAST BROAD STREET (43213), being 21.98± acres located on the south side of East Broad Street, 352± feet east of Rose Hill Road, and being more particularly described as follows:
21.979 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 16, United States Military Lands and being 21.979 acres of land all out of that 96.297 acre tract as conveyed to Broad Street Land, LLC of record in Instrument Number _________________, all references refer to the records of the Recorder's Office, Franklin County, Ohio and described as follows:
Beginning at an iron pin set in the southerly right-of-way line of East Broad Street (State Route 16), said iron pin being North 81°° 48' 10" East, with said southerly right-of-way line, a distance of 906.41 feet to an iron pin set;
thence with a new division line across said 96.297 acre tract, the following courses:
South 8°° 11' 50" East, a distance of 248.58 feet to an iron pin set;
North 73°° 19' 45" East, a distance of 53.13 feet to an iron pin set;
North 75°° 25' 05" East, a distance of 141.25 feet to an iron pin set;
South 14°° 34' 55" East, a distance of 266.86 feet to an iron pin set at a point on a curve;
With a curve to the left having a central angle of 24°° 57' 12", a radius of 804.00 feet, whose chord bears North 53°° 49' 41" East, a chord distance of 347.40 feet to an iron pin set at a point of tangency;
North 40°° 46' 00" East, a distance of 38.04 feet to an iron pin set;
South 49°° 14' 00" East, a distance of 94.28 feet to a point in the centerline of Blacklick Creek;
South 48°° 38' 55" East, a distance of 155.12 feet to an iron pin set at a point of curvature;
With a curve to the right having a central angle of 9°° 53' 16", a radius of 525.00 feet, whose chord bears South 43°° 42' 17" East, a chord distance of 90.49 feet to an iron pin set at a point of tangency;
South 38°° 45' 39" East, a distance of 285.26 feet to an iron pin set at a point of curvature;
With a curve to the left having a central angle of 69°° 13' 09", a radius of 310.00 feet, whose chord bears South 73°° 22' 14" East, a chord distance of 352.15 feet to an iron pin set at a point of tangency;
North 72°° 01' 12" East, a distance of 250.88 feet to an iron pin set;
North 27°° 01' 12" East, a distance of 14.14 feet to an iron pin set;
North 72°° 01' 12" East, a distance of 62.72 feet to an iron pin set in the westerly right-of-way line of Reynoldsburg-New Albany Road (State Route 256);
South 17°° 28' 58" East, with said westerly right-of-way line, a distance of 70.00 feet to an iron pin set;
South 72°° 01' 12" West, a distance of 62.12 feet to an iron pin set;
North 62°° 58' 48" West, a distance of 14.14 feet to an iron pin set;
South 72°° 01' 12" West, a distance of 250.88 feet to an iron pin set at a point of curvature;
With a curve to the right having a central angle of 69°° 13' 09", a radius of 360.00 feet, whose chord bears North 73°° 22' 14" West, a chord distance of 408.95 feet to a point of tangency;
North 38°° 45' 39" West, a distance of 285.26 feet to an iron pin set at a point of curvature;
With a curve to the left having a central angle of 9°° 53' 16", a radius of 475.00 feet, whose chord bears North 43°° 42' 17" West, a chord distance of 81.87 feet to an iron pin set at a point of tangency;
North 48°° 38' 55" West, a distance of 143.54 feet to a point in the centerline of Blacklick Creek;
thence continuing with said new division line and with said centerline, the following courses:
South 28° 19' 03" West, a distance of 115.41 feet to a point;
South 8° 01' 21" West, a distance of 107.61 feet to a point;
South 38° 58' 14" West, a distance of 68.52 feet to a point;
North 86° 49' 47" West, a distance of 250.46 feet to a point;
South 62° 23' 23" West, a distance of 333.78 feet to a point;
South 82° 28' 16" West, a distance of 143.42 feet to a point;
South 71° 51' 44" West, a distance of 211.11 feet to a point;
North 81° 35' 07" West, a distance of 133.34 feet to a point;
South 67° 44' 22" West, a distance of 281.88 feet to a point;
thence North 75° 00' 05" West, a distance of 258.75 feet to an iron pin set in the easterly right-of-way line of said Rose Hill Road;
thence North 20° 30' 12" West, with said easterly right-of-way line, a distance of 202.29 feet to an iron pin set;
thence with a new division line across said 96.297 acre tract, the following courses:
North 81° 48' 10" East, a distance of 177.54 feet to an iron pin set;
North 8° 11' 50" West, a distance of 172.19 feet to an iron pin set at a point on a curve;
thence with a curve to the right having a central angle of 18° 18' 23", a radius of 231.00 feet, whose chord bears North 81° 09' 02" West, a chord distance of 73.49 feet to an iron pin set at a point of reverse curvature;
thence with a curve to the left having a central angle of 26° 12' 00", a radius of 199.00 feet, whose chord bears North 85° 05' 50" West, a chord distance of 90.21 feet to an iron pin set at a point of tangency;
thence South 81° 48' 10" West, a distance of 49.66 feet to an iron pin set at a point of curvature;
thence with a curve to the left having a central angle of 32° 19' 23", a radius of 29.00 feet, whose chord bears South 65° 38' 29" West, a chord distance of 16.14 feet to an iron pin set in said easterly right-of-way line;
thence North 20° 30' 13" West, with said easterly right-of-way line, a distance of 49.63 feet to an iron pin set at a point on a curve;
thence with a new division line across said 96.297 acre tract, the following courses:
With a curve to the left having a central angle of 37° 30' 37", a radius of 29.00 feet, whose chord bears South 79° 26' 32" East, a chord distance of 18.65 feet to an iron pin set at a point of tangency;
North 81° 48' 10" East, a distance of 44.86 feet to an iron pin set at a point of curvature;
With a curve to the right having a central angle of 27° 45' 34", a radius of 237.00 feet, whose chord bears South 84° 19' 03" East, a chord distance of 113.71 feet to an iron pin set at a point of reverse curvature;
With a curve to the left having a central angle of 27° 45' 34", a radius of 199.00 feet, whose chord bears South 84° 19' 03" East, a chord distance of 95.47 feet to an iron pin set at a point of tangency;
North 81° 48' 10" East, a distance of 35.11 feet to an iron pin set at a point of curvature;
With a curve to the left having a central angle of 90° 00' 00", a radius of 19.00 feet, whose chord bears North 36° 48' 10" East, a chord distance of 26.87 feet to an iron pins et at a point of tangency;
North 8° 11' 50" West, a distance of 177.79 feet to an iron pin set at a point of curvature;
With a curve to the left having a central angle of 10° 14' 12", a radius of 99.00 feet, whose chord bears North 13° 18' 57" West, a chord distance of 17.66 feet to an iron pin set at a point of tangency;
North 18° 26' 02" West, a distance of 52.69 feet to an iron pin set at a point of curvature;
With a curve to the left having a central angle of 16° 43' 29", a radius of 59.00 feet, whose chord bears North 26° 47' 47" West, a chord distance of 17.16 feet to the true point of beginning and containing 21.979 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
The basis of bearing for this description is North 81° 48' 10" East for the centerline of East Broad Street (State Route 16) as the same is shown on Franklin County Right-of-Way Plans FRA-16-7.79-10.44.
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, "SITE REZONING PLAN GIANT EAGLE MARKET #6513," signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated June 23, 2005; and text titled, "COMMERCIAL PLANNED DISTRICT TEXT," signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated June 7, 2006, and the text reading as follows:
Commercial Planned District Text
Proposed Districts: CPD
Property Address: 6867 East Broad Street
Owner: Broad Street Retail LLC
Applicant: Giant Eagle Inc.
Date of Text: 6/7/06
Application Number: Z06-008
1. INTRODUCTION: The subject property was rezoned to the L-C-4 district in 1997 under case Z96-098 and was part of a larger development, which included approximately 58+/- acres of multi-family residential housing. Giant Eagle secured a council variance (CV05-025) that was approved July 18, 2005 to permit the installation of a fuel station within the shopping center. A condition of approval of the council variance was the rezoning of the shopping center tract from L-C-4 to CPD to include the fuel station. The previous rezoning provided for rezoning of a subarea without having to rezone both subareas so the CPD will only deal with the shopping center portion approved in 1997 and exclude from consideration the multi-family housing component.
2. PERMITTED USES: The following uses shall be permitted. Those uses listed in Chapter 3355 (C-4, Commercial District) and a gasoline fuel station.
1. Excepting therefrom:
a. New or used car lot except in connection with a new automobile salesroom
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and herein, the applicable development standards of Chapter 3355, C-4, Commercial District shall apply.
A. Density, Height, Lot and/or Setback commitments.
1. Setback from East Broad Street shall be 25' for all parking, loading and maneuvering areas.
2. Setback from Rose Hill Road and Lancaster Avenue shall be 30' for all parking, loading and maneuvering areas and 50' for buildings.
3. All other publicly dedicated interior streets shall have a 10' parking, loading and maneuvering setback and a 50' building setback.
4. The height district shall be 35'.
B. Access, Loading, Parking and/or Traffic related commitments.
1. Access to East Broad Street is by two signalized intersections and a right-in / right-out which splits the subarea line with the CPD Subarea A to the west. Changes to these access points and additional access points are subject to the review and approval of the Division of Transportation.
2. The owner / developer shall share in the cost of the maintenance of the traffic signal at East Point Drive and East Broad Street subject to the requirements of the Division of Transportation. The owner / developer shall pay for the maintenance of the traffic signal at its new driveway (which is across from the condominiums on East Broad Street) when the traffic signal warrants are met. Developer / owner shall enter into the appropriate traffic signal agreements with the Division of Transportation as they relate to the traffic signals on East Broad Street.
3. There shall be a westbound left turn lane and a eastbound right turn drop lane subject to the Division of Transportation specifications at each signalized driveway along East Broad Street.
4. There shall be a south bound left turn lane and a north bound right turn lane on Rose Hill Road between East Broad Street and the driveway into the shopping center, subject to the Division of Transportation specifications.
5. The connecting roadway between East Broad Street and Lancaster Avenue shall contain a thirty-six (36) foot pavement section providing three lanes of travel.
6. There shall be right-in / right-out curbcuts along East Broad Street and their locations shall be subject to the Division of Transportation 's specifications.
C. Buffering, Landscaping, Open Space and/or Screening commitments.
1. Any surface parking lot adjacent to East Broad Street, Rose Hill Road or Lancaster Avenue shall be screened from its respective right-of-ways with a minimum 3' high continuous planting hedge, fence, wall or earth mound used individually or in any combination thereof.
2. A street tree row shall be established along East Broad Street, Rose Hill Road and Lancaster Avenue containing a minimum of one London Pane tree for every 40' of road frontage. Such trees shall be located a minimum 1 foot from edge of right-of-way unless the City of Columbus approves planting these trees within the right-of-way.
3. Any surface parking lot excluding loading, unloading and storage area containing more than 6,000 sq. ft. of area or 20 or more vehicular parking spaces shall provide interior landscaping per the requirements of Chapter 3342 of the Columbus City Code in addition to previously required perimeter landscaping.
4. All loading docks shall be screened from view from adjacent public streets to a height of seven (7) feet by either landscaping, fencing, walls or buildings used individually or in combination thereof.
5. The property owner shall grant a conservation easement to the City of Columbus along the banks of the stream as shown on the submitted site plan subject to retaining its right to cross the easement area with bridges, streets and utility lines.
6. The landscaping requirements of this section may be satisfied or offset by the preservation of existing vegetation.
7. Minimum size of all trees at installation shall be 2" caliper for deciduous, 4 to 6' high for evergreen and 1" caliper for ornamental.
8. The landscaping required in this section shall count toward satisfying the landscaping requirements contained in Chapter 3342 of the Columbus City Code.
9. All landscape materials shall be maintained in a healthy fashion and dead materials shall be timely removed and replaced with landscape materials matching the size requirements contained in this text.
D. Building design and/or Interior-Exterior treatment commitments.
N/A
E. Dumpsters, Lighting, Outdoor display and/or other environmental commitments.
1. All external lighting in Subarea 1 shall be cutoff type fixtures (down-lighting), and shall provide no light spillage to off-site parcels. However, buildings and landscaping may be uplit or downlit provided that landscaping lighting does not spill over into the public right-of-way.
2. All waste and refuse shall be containerized and fully screened from view by a solid wall or fence that is consistent with the building's architecture.
3. Outdoor display areas shall be confined to the sidewalk area in front of that individual storeroom.
4. All external lighting other than canopy lighting shall be cutoff type fixtures. All light poles and standards shall be dark brown, bronze, black or dark green in color and shall be constructed of metal. Parking lot lighting shall be no higher than twenty-eight (28) feet.
F. Graphics and Signage commitments.
1. All signs and graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District classification. Any variance to those standards shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous commitments.
The undersigned, being the owner of the subject property together with the applicant in the subject application, or other authorized representatives do hereby agree singularly and collectively for themselves, their heirs, successors and assigns, to abide by above restrictions, conditions, and commitments regarding development of the subject property and for such purpose each states that he fully understands and acknowledges that none of the foregoing restrictions, conditions, or commitments shall in any manner act to negate, nullify, alter or modify any more restrictive provision of the Columbus City Code
H. CPD Criteria
1. Natural Environment
The site is developed with a shopping center, outparcels and parking.
2. Existing Land Use
To the north is commercial, multi-family and manufacturing uses, to the south is multi-family residential use, to the west is commercial and multi-family uses and to the east is commercial uses.
3. Proposed Use
A gasoline station has been added to the existing shopping center as an ancillary use to the anchor grocery store.
4. Transportation
The shopping center is served by two (2) full service curbcuts and a right-in and right-out located along East Broad Street.
5. Visual Form of the Environment
The site and surrounding areas have been developed and therefore will not change in the near future.
6. View and Visibility
The surrounding properties have been developed as has the shopping center, with the only addition being the gasoline pumps, canopy and sales kiosk.
7. Emissions
No adverse emissions are expected from this development.
8. Variances
N/A
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.