Explanation
Rezoning Application Z08-009
APPLICANT: Marathon Petroleum Company LLC; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Convenience store with fuel sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 8, 2008.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.65± acre site is developed with a convenience store and fuel pumps and zoned in the CPD, Commercial Planned Development and C-4, Commercial Districts. The applicant is requesting the CPD, Commercial Planned Development District to expand the site and replace the store with a new convenience store and additional fuel pumps. The proposed CPD commits to landscaping, lighting and outdoor display controls. The request includes variances for building and parking setbacks. The site is located within the boundaries of the Brice/Tussing Area Plan (1990) which recommends commercial development on the site. The proposed CPD, Commercial Planned Development District, with the development standards in the text, permits an enlarged convenience store with fuel pumps. The request is consistent with the area plan and compatible with development in the area.
Title
To rezone 6803 REFUGEE ROAD (43110), being 1.54± acres located at the southwest corner of Refugee and Gender Roads, From: CPD, Commercial Planned Development and C-4, Commercial Districts, To: CPD, Commercial Planned Development District (Rezoning # Z08-009).
Body
WHEREAS, application #Z08-009 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.54± acres from the CPD, Commercial Planned Development and C-4, Commercial Districts 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 proposed development is consistent with the area plan and compatible with development in 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:
6803 REFUGEE ROAD (43110), being 1.54± acres located at the southwest corner of Refugee and Gender Roads, and being more particularly described as follows:
DESCRIPTION OF 1.5479 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 1, Township 11, Range 21, Congress Lands, being all of that 0.6599 acre tract, as described in a deed to Emro Marketing Company, of record in Official Record Volume 16908, Page H07, and 0.888 acre of that 5.791 acre tract as described in a deed to P. Ronald Sabatino, of record in Official Record Volume 15953, Page F10, all references herein being to the records located in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning FOR REFERENCE at the centerline intersection of Gender Road (width varies) and Refugee Road (width varies); thence North 78°41'19" West, along the centerline of Refugee Road, a distance of 100.00 feet to a point in the easterly line of that 0.643 acre tract as described in a deed to the County of Franklin, of record in Deed Book 3206, Page 1; thence South 11°18'41" West, along said easterly line, a distance of 55.00 feet to an iron pin set at the intersection of the southerly right-of-way line of Refugee Road and the westerly right-of-way line of Gender Road and at the TRUE PLACE OF BEGINNING;
Thence South 49°28'49" East, along said westerly right-of-way line, a distance of 50.54 feet to
an iron pin set;
Thence South 05°24'29" West, continuing along said westerly right-of-way line, a distance of
226.03 feet to an iron pin set;
Thence through said 5.791 acre tract with a new division line the following courses:
1. North 86°07'50" West, a distance of 50.00 feet to an iron pin set;
2. North 62°22'52" West, a distance of 27.31 feet to an iron pin set;
3. North 86°07'50" West, a distance of 183.80 feet to an iron pin set;
4. North 05°24'29" East, a distance of 195.27 feet to an iron pin set;
5. North 18°20'29" West, a distance of 27.31 feet to an iron pin set;
6. North 05°24'29" East, a distance of 56.00 feet to an iron pin set in the southerly right-
of-way line of Refugee Road and the southerly line of that 0.365 acre tract (Parcel 7 WD) as
described in a deed to the City of Columbus, Ohio, of record in Instrument No.
200004180075416;
Thence South 75°42'10" East, along said southerly right-of-way line and said southerly line, a
distance of 30.08 feet to an 1" O.D. pipe found (uncapped) at the southeasterly corner of said
0.365 acre tract and at a angle point in the southerly perimeter of the aforementioned 0.643 acre
tract;
Thence South 78°41'19" East, along said southerly right-of-way line and said southerly perimeter, a distance of 200.00 feet to the TRUE PLACE OF BEGINNING and containing 1.5479 acres of land.
Iron pins set consist of a 1" (O.D.) pipe, 30" long with a plastic cap inscribed
"M-E COMPANIES/S-6872".
Bearings herein are based on South 5°24'29" West for the westerly right-of-way line of Gender
Road as referenced in Official Record Volume 15953, Page F10.
To Rezone From: CPD, Commercial Planned Development and C-4, Commercial Districts,
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, "RE-ZONING PLAN," "LANDSCAPE PLAN," and "PERMIT & ZONING DRAWING," and text titled, "CPD TEXT," all signed by David L. Hodge, attorney for the Applicant, and dated May 29, 2008, and the text reading as follows:
CPD TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
EXISTING DISTRICT: CPD, Commercial Planned Development District and C-4, Commercial
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 6803 Refugee Road, Columbus, Ohio 43240
OWNER: EMRO Marketing, c/o Speedway Superamerica LLC, et al.
APPLICANT: Marathon Petroleum Company, LLC
DATE OF TEXT: 5/29/08
APPLICATION NUMBER: Z08-009
1. INTRODUCTION: The existing site is currently zoned CPD (Ordinance 457-91, Z90-145). The applicant proposes to raze the existing building and construct a new facility at this location. In addition the applicant is acquiring a ninety-five (95) foot strip of land along the rights-of-way that tapers to eighty-four (84) feet along the south and west sides of the existing site, which is currently zoned C-4. The site is 1.54+/- acres and is located on the southwest corner of Refugee Road and Gender Road.
2. PERMITTED USES: A convenience store with gasoline sales and outdoor display areas.
3. DEVELOPMENT STANDARDS: Except as otherwise listed herein, the development standards established by the C-4 Commercial District shall apply.
A. Density, Height, Lot and/or Setback Commitments.
1. The building setback shall be as follows: forty-five (45) foot setback from Gender Road and from Refugee Road. The canopy setback shall be forty (40) feet.
2. The parking setback line shall be as follows: twenty (20) feet from the property line along Gender Road and five (5 ) feet from the property line along Refugee Road.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. The access points are shown on the submitted site plan.
2. All circulation, curb cuts and access points shall be subject to the review and approval of the City's Division of Transportation.
3. The existing pedestrian sidewalk along the Refugee Road frontage shall remain. A sidewalk or pedestrian path shall be constructed along the Gender Road frontage, to be coordinated with the City's Division of Transportation.
4. The total right-of-way requirement for the City of Columbus is sixty (60) feet from the centerline of Refugee Road and sixty (60) feet from the centerline of Gender Road. The applicant shall dedicate to the City of Columbus the necessary additional right-of-way to reach these requirements, dedication to occur in conjunction with the application for zoning clearance.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The subject site shall be landscaped in accordance with the submitted landscape plan.
2. Landscaping shall be maintained in a healthy state. Dead items shall be replaced at the next planting season or within six (6 ) months, whichever occurs sooner. Unless otherwise specified, minimum size of all trees at installation shall be 2 1/2 inches in caliper for deciduous shade trees, five (5 ) feet high for evergreen trees and 1 1/2 inches in caliper for ornamental trees.
D. Building Design and/or Interior/Exterior Commitments:
1. All heating, ventilating, air conditioning and other building mechanical systems and equipment shall be fully screened from view from all public streets. As an exception to the foregoing, equipment requiring ventilation may be located within architectural elements having an opacity of at least eighty percent (80%).
2. Exterior building materials of the store building shall be split face concrete block in accordance with the Permit & Zoning Drawing.
3. The canopy shall be constructed in accordance with the Permit & Zoning Drawing with a maximum height of twenty-three (23) feet.
E. Lighting, Outdoor Display Areas and/or Environmental Commitments.
1. The light standards shall not exceed fourteen (14) feet in height, shall be dark gray in color, and shall be cut-off style fixtures.
2. Outdoor product display shall be permitted as indicated on the Site Plan. 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. The height of the display areas shall not exceed five (5) feet. No items shall be sold out of a trailer on the subject property.
3. Propane display and ice machine shall be permitted along the elevation of the building and shall not be subject to the five (5) foot height limitation outlined in 3E(2) above.
F. Graphics Commitments.
1. All signage and graphics shall be as permitted for the C-4 District. Any variances to those requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous.
1. Site Plan: The subject site shall be developed in accordance with the submitted site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon the submission of the appropriate data regarding the proposed adjustment.
2. Building/Canopy Elevations: The building and canopy shall be developed in accordance with the submitted elevation drawings. The elevation drawings may be slightly adjusted to reflect architectural, engineering, and topographical or other site data developed at the time that architectural, development and engineering plans are completed. Any slight adjustment to the elevation shall be reviewed and may be approved by the Director of Development or his designee upon the submission of the appropriate data regarding the proposed adjustment.
3. Abandonment: The motor vehicle fuel use shall be considered abandoned if it has ceased operation or is closed to the public for a minimum of six (6 ) months in any twelve (12) month period. The owner or lessee of the motor vehicle fuel use and/or related structures shall, within seven (7) days of the beginning of the closure period referred to herein:
a. Install wheel blocks, firmly attached, across the driveway entrance to the fuel area to prohibit unauthorized vehicle parking or abandonment of motor vehicles;
b. Shall remove all signs and pumps;
c. Shall board up all windows, doors and entrances to prevent the breakage of glass and the unauthorized entrance therein;
d. Take appropriate action as required by the City of Columbus Fire Code to treat abandoned underground tanks; and;
e. Shall during the closure period cut all grass, remove all rubbish and weeds and continue maintenance as may be necessary to prevent the building or structure from deteriorating into a state of disrepair.
H. CPD Requirements:
1. Natural Environmental and Existing Land Uses: The property is developed as a convenience store with fuel sales and is generally flat.
2. Existing Lane Use: The property is currently developed and operated as a convenience store with fuel sales.
3. Transportation and Circulation: The curb cuts and internal circulation patterns are shown on the submitted Site Plan.
4. Visual Form of the Environment: Consideration has been given to the visibility and safety of the motorists and pedestrians in the development of the property.
5. Proposed Development: Convenience store with fuel sales.
6. Behavior Pattern: Existing development in the area has established behavior patterns for the motorists.
7. Emissions: No adverse effects from emissions shall result from the proposed development.
I. Variances:
1. The approval of this CPD includes a variance to Section 3341.18 along Refugee Road where a five (5) foot parking setback is proposed. (10 to 5 feet)
2. The approval of this CPD includes a variance to Section 3356.11.A.2 to allow a setback from the right-of-way of Refugee Road and Gender Road of less than sixty (60) feet for the canopy over the fuel dispensers. (60 to 40 feet)
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.