Explanation
Rezoning Application Z06-067
APPLICANT: Continental Real Estate Companies; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 9, 2006.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 21.4± acre site is undeveloped and zoned in the CPD, Commercial Planned Development District. The current CPD zoning was approved by City Council on July 24, 2006 with recommendations of approval from the North East Area Commission, staff, and the Development Commission. That zoning limits the size of the grocery store to 87,000 square feet and allows one fuel sales facility, but not a car wash. The proposed revisions to the CPD include allowing a grocery store with a maximum size of 110,000 square feet and one car wash on the property. The increase in the size of the grocery store does not alter the maximum development permitted on the site. The remainder of the tenants would not be permitted to exceed 15,000 square feet each. The site is located within the boundaries of the Northeast Area Plan (1994), which recommends industrial land use for the site. The 61 acres to the east and south of the site was rezoned to PUD-8 in 2005, permitting residential development. Development patterns have changed significantly in the last several years to warrant a deviation from the Plan to permit commercial development. The CPD text commits to development standards including maximum store size, street trees, screening, parking lot trees, sidewalks, landscaping, and lighting controls. The revised CPD, with the proposed development standards, is compatible with the development in the area.
Title
To rezone 2814 STELZER ROAD (43219), being 21.4± acres located on the east side of Stelzer Road, 200± feet south of McCutcheon Road, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z06-067)
Body
WHEREAS, application #Z06-067 is on file with the Building Services Division of the Department of Development requesting rezoning of 21.4± acres from the CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the North East Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the revised CPD, with the proposed development standards, is compatible with the development in the area. The 21.4± acre site is undeveloped and zoned in the CPD, Commercial Planned Development District. The current CPD zoning was approved by City Council on July 24, 2006 with recommendations of approval from the North East Area Commission, staff, and the Development Commission. That zoning limits the size of the grocery store to 87,000 square feet and allows one fuel sales facility, but not a car wash. The proposed revisions to the CPD include allowing a grocery store with a maximum size of 110,000 square feet and one car wash on the property. The increase in the size of the grocery store does not alter the maximum development permitted on the site. The remainder of the tenants would not be permitted to exceed 15,000 square feet each. The site is located within the boundaries of the Northeast Area Plan (1994), which recommends industrial land use for the site. The 61 acres to the east and south of the site was rezoned to PUD-8 in 2005, permitting residential development. Development patterns have changed significantly in the last several years to warrant a deviation from the Plan to permit commercial development. The CPD text commits to development standards including maximum store size, street trees, screening, parking lot trees, sidewalks, landscaping, and lighting controls., 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:
2814 STELZER ROAD (43219), being 21.4± acres located on the east side of Stelzer Road, 200± feet south of McCutcheon Road, and being more particularly described as follows:
DESCRIPTION OF A 21.391± ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 1, Township 1, Range 17, United States Military Lands and being all of those tracts as conveyed to Abbott Laboratories by deeds of record in Official Record 17937D03, Instrument Number 199804170091392, Official Record 20451F12, and Official Record 34531J20, and also being a portion of that 190.441 acre tract as conveyed to said Abbott Laboratories by deed of record in Official Record 10102H15, all references being to records of the Recorder's Office, Franklin County, Ohio, and being described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 7778 in the centerline intersection of Stelzer Road and McCutcheon Road;
thence South 87° 09' 24" East, with the centerline of said McCutcheon Road, a distance of 175.00 feet to a point being the northeasterly corner of that 0.448 acre tract as conveyed to the City of Columbus by deed of record in Official Record 31431B03, and also being the northwesterly corner of that 0.377 acre tract as conveyed to the City of Columbus by deed of record in Official Record 28519J10;
thence South 3º 57' 06" West, with the common line between said Columbus tracts, a distance of 35.01 feet to a point in the southerly right-of-way line of said McCutcheon Road, being the southwesterly corner of said 0.377 acre tract, and being the northeasterly corner of that tract as conveyed to Barbara Hamm by deed of record in Official Record 31431B07, and also being the True Point of Beginning for the tract herein intended to be described;
thence South 87º 09' 24" East, with said southerly right-of-way line, being the southerly line of said 0.377 acre tract, a distance of 418.80 feet to a point at the southeasterly corner of said 0.377 acre tract;
thence North 03º 57' 06" East, with the easterly line of said 0.377 acre tract, a distance of 35.01 feet to a point at the northeasterly corner of said 0.377 acre tract, being the centerline of said McCutcheon Road;
thence South 87º 09' 24" East, with said centerline, a distance of 276.36 feet to a point;
thence with a new division line across said Abbott Laboratories tract, the following courses:
South 03° 57' 06" West, a distance of 1205.23 feet to a point;
North 87° 09' 24" West, a distance of 499.17 feet to a point;
South 04° 12' 44" West, a distance of 112.93 feet to a point;
North 85° 47' 16" West, a distance of 280.41 feet to a point in the easterly right-of-way line of said Stelzer Road, the easterly line of a 2.225 acre tract, as conveyed to the City of Columbus of record in Official Record 28519J12;
thence North 03º 57' 06" East, with said easterly right-of-way line, and said easterly line, a distance of 952.89 feet to a point at the northeasterly corner of said 2.225 acre tract;
thence North 87º 09' 24" West, with the northerly line of said 2.225 acre tract, a distance of 30.01 feet to a point at the southeasterly corner of that 0.174 acre tract as conveyed to the City of Columbus by deed of record in Deed Book 2996, Page 44;
thence North 03º 57' 06" East, continuing with said easterly right-of-way line, being the easterly line of said 0.174 acre tract, a distance of 125.00 feet to a point at the northeasterly corner of said 0.174 acre tract, being a southeasterly corner of said 0.448 acre tract, and being the southwesterly corner of said Hamm Tract;
thence South 87º 09' 24" East, with the southerly line of said Hamm tract, a distance of 114.99 feet to a point at the southeasterly corner of said Hamm tract;
thence North 03º 57' 06" East, with the easterly line of said Hamm tract, a distance of 198.55 feet to the True Point of Beginning, and containing 21.581 acres of land, more or less, of which 0.190 acres lies within the right-of-way of McCutcheon Road leaving a net acreage of 21.391 acres of land.
Bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 7778 & 8858, having a bearing of South 03º 52' 47" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
To Rezone From: CPD, Commercial Planned Development 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, "CPD DISTRICT," and text titled, "DEVELOPMENT TEXT," both signed by Jeffrey L. Brown, attorney for the Applicant, and dated April 4, 2007, and the text reading as follows:
DEVELOPMENT TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 2814 Stelzer Road
OWNER: McCutcheon Ge LLC
APPLICANT: Continental Real Estate Companies
DATE OF TEXT: April 27, 2007
APPLICATION NUMBER: Z06 - 067
1. INTRODUCTION: This proposal is a commercial development, neighborhood shopping center, primary grocery store with a prohibition of big box retail/commercial use. The property is approximately 20 acres located at the southeast corner of the intersection of McCutcheon and Stelzer Roads and is currently zoned CPD, Commercial Planned Development. This property was recently rezoned to the CPD, Commercial Planned District. The applicant seeks to add car wash to the list of permitted uses and to increase the permissible grocery store square footage.
2. PERMITTED USES: Those uses permitted in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code, one retail filling station and one car wash. The following uses are prohibited from the subject property:
Adult Daycare Center
Animal Shelter
Armored Car, Investigation Guard and Security Services
Astrology, Fortune Telling and Palm Reading
Automobile and Light Truck Dealers
Automotive Sales, Leasing and Rental
Billboards
Blood and Organ Banks
Cabarets and Nightclubs
Check Cashing and Loans
Coin Operated Laundries
Community Food Pantry
Crematory
Drive-In Motion Picture Theaters
Farm Equipment and Supply Stores
Funeral Homes and Services
Halfway House
Hotels and Motels
Hospitals does not prohibit an urgent care facility
Missions / Temporary Shelters
Monopole Telecommunications Antennas
Motorcycle, Boat, and Other Motor Vehicle Dealers
Motor Vehicle Accessories and Parts Dealers
Outdoor Power Equipment Stores
Parking Lots and Garages, except as an accessory use
Pawn Brokers
Performing Arts, Spectator Sports, and Related Industries
Recreational Vehicle Dealers
Repossession Services except for office component of said business
Television Broadcasting Stations and Studio, and Recording Studio
Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing
Veterinarians (Unlimited practice)
Warehouse Clubs and Super centers
3. DEVELOPMENT STANDARDS: Development shall occur as indicated in this written text. If not referenced herein, the applicable development standards of Chapter 3356, C-4 Regional Scale Commercial Development, of the Columbus City Code shall apply.
A. Density. Height, Lot and/or Setback Commitments
1. Building setbacks shall be a minimum of sixty (60) feet from Stelzer Road and a minimum of fifty (50) feet from McCutcheon Road, except that the setback for pump islands and pump island canopies shall be a minimum of thirty (30) feet from Stelzer Road and McCutcheon Road.
2. Parking setbacks shall be a minimum of thirty (30) feet from Stelzer Road and McCutcheon Road and ten feet from the east and south property lines.
3. No tenant shall exceed 15,000 sq. ft. in size except for a full service grocery store, which shall not exceed 110,000 sq. ft. in size.
B. Access. Loading, Parking and/or Traffic Related Commitments
1. Curb cut locations shall be subject to the approval of the City of Columbus, Division of Transportation.
2. At the time of development of the subject property, the developer shall contribute to the County $105,000 for its Stelzer Road project. This contribution will be reduced by the County on a percentage basis if the County receives additional funding for its project.
3. At the time of development of the subject property, the developer shall: (a) at the option of the City, install a traffic signal at the intersection of Stelzer Road and a common site drive immediately south of the south boundary of the subject property if that traffic signal is then warranted and approved by the City's Transportation and Pedestrian Commission or pay to the City the cost to then install that traffic signal, as reasonably estimated by the City; (b) widen Stelzer Road at a right-in-right-out curb cut from Stelzer Road into the subject property to provide for a northbound right turn lane; and (c) widen McCutcheon Road at a curb cut from McCutcheon Road into the subject property to provide for an eastbound right turn lane. The traffic signal shall be installed when warranted and approved by the City's Transportation and Pedestrian Commission, which installation shall be performed by the City unless the City elects to have the developer install the traffic signal at the time of development of the subject property and the traffic signal then is warranted and has been approved by the City's Transportation and Pedestrian Commission.
4. At the time of development of the subject property and subject to the City's taking the actions described in the next two sentences, the developer shall install an eastbound right turn lane on McCutcheon Road at its intersection with Stelzer Road. The City will contribute the funds that it received in Z04-034 for that improvement to this developer and will cause all utilities that must be relocated as a part of that turn lane installation to be relocated at no cost to the developer. If any additional right of way is required to install this turn lane, the City will cause that right of way to be acquired, and the developer will reimburse the City for the cost of that right of way and the City's acquisition expenses.
5. The proposed curbcuts on McCutcheon Road are full service and the developer shall install a west bound turn lane on McCutcheon Road at each curbcut. The turn lane design is subject to the review and approval of the City's Division of Transportation. If the developer wants to do less than full access at either curbcut on McCutcheon, then the City's Division of Transportation shall review that access to determine if any road improvements are then necessary.
6. The view of any loading dock shall be fully screened on all sides from any adjacent roadway, building or parking lot achieving ninety (90) percent opacity to a minimum height of six (6) feet from finished grade. The fence required by item 3.c.2 shall satisfy this screening requirement with respect to screening from roadways, buildings and parking lots located in the adjacent residential developments.
7. The developer shall provide a five foot wide pedestrian sidewalk within the right-of-way of Stelzer Road along the entire frontage of the property and a five (5) foot wide pedestrian sidewalk within the right-of-way of McCutcheon Road along the entire frontage of the property. The developer shall create a pedestrian connection from the public sidewalk along Stelzer Road and McCutcheon Road to the front of the proposed shopping center. The pedestrian connection shall be a striped area in the parking lot. The required sidewalks shall be installed along the frontage of each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.
8. The commercial development shall have internal access to the public street located along its southern property line.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. There shall be a thirty (30) foot wide open space corridor from the edge of right-of-way extending along the entire frontage of McCutcheon and Stelzer Roads, except at curb cuts. Within that open space corridor, there shall be a minimum three (3) foot high continuous uniform earth mound and a row of deciduous street trees at an approximate spacing of thirty (30) feet on center with the balance of the thirty (30) foot corridor planted in grass or other landscape materials. The required mound and trees shall be installed on each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.
2. Within the ten (10) foot parking setback along the east and south property lines, except where those property lines are adjacent to public streets, the developer shall install a six (6) foot high solid fence to serve as a buffer and screening from this development to adjacent residential developments; provided, however, that no such fencing shall be required within any required building setback. Deciduous trees at an approximate spacing of forty (40) feet on center shall be installed along that fence. The required fence and trees shall be installed on each tax parcel not later than in conjunction with the construction of the first building on that tax parcel.
3. All major entries from McCutcheon Road and Stelzer Road shall be demarked by utilizing the landscape material noted in 3.C.1.
4. The interior of any parking lot shall be landscaped at a ratio of one shade tree for every ten (10) parking spaces.
5. Minimum size of all plant material at installation shall be 2 ½"caliper for deciduous shade trees, 5' high for evergreen, 1 ½" caliper for ornamental trees and two gallon for shrubs. Caliper shall be measured six (6) inches above grade.
6. If landscaping is used to screen service areas containing dumpsters, ninety (90) percent opacity is required for all non-servicing sides and must be protected from service vehicles. Screening shall be one (1) foot above height of structure to be screened but not less than seven feet above finish grade.
7. The drainage ditch maybe relocated and/or piped subject to the applicable governmental permits.
8. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. All buildings shall be constructed primarily of brick. To satisfy this requirement: each multi-store building shall have brick as its principal façade material on at least three (3) sides and may have block, painted or colored to generally match the brick, as the principal façade material on the fourth side; and single user and other "out-lot" buildings must have brick as the principal façade material on all four (4) sides.
2. No materials, supplies, equipment or products shall be permitted to remain on any portion of the parcel outside the permitted structure except for garden, landscaping and nursery products that are displayed for retail sale by a permitted use and the following:
a. Shopping carts may be located in parking lot cart corrals. Said cart corrals must be shown on the approved zoning clearance site plan.
b. Other outdoor display for retail sale which shall be limited as follows:
1. On the sidewalk in front of a grocery store; only if said sidewalk has a minimum depth of nine (9) feet. At least five feet of said sidewalk shall remain free of display materials to permit pedestrian / A.D.A. transit.
2. At a gasoline sales use, only as follows:
a. At the ends of fuel pump islands only if depicted on the zoning clearance site plan; and the maximum footprint of displays at the end of fuel islands shall be four (4) feet by four (4) feet.
b. The maximum height for any outside display and /or sales shall be three feet, except for soda machines, ice chests or comparable sales devices.
c. The outdoor display area 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, and Christmas wreaths.
3. Mechanical equipment or other utility hardware on the roof of a building shall be screened from off site view to the height of the equipment by materials which are the same as or complement the materials utilized on the building roof or exterior. Color shall also match the building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from off site view to the height of the equipment by a wall, fence or landscape material utilizing materials which are the same as or complement the material or character of the building.
4. Building illumination shall be permitted provided such light source is concealed. No colored light shall be uses to light the exterior of any building.
5. Blank facades on the sides and rear of buildings are prohibited, therefore, articulating such facades with recesses, fenestrations, or pilasters is required.
6. At least two benches shall be provided along the sidewalk near the grocery store user.
E. Dumpsters. Lighting. Outdoor Display Areas and/or other Environmental Commitments
1. All external lighting, except pedestrian lighting, shall be cut-off fixtures (down-lighting). However, buildings and landscaping may be illuminated with up-lighting from a concealed source.
2. All external outdoor fixtures, except pedestrian lighting and up-lighting permitted in item 3.E. 1 above, to be used shall be from the same or similar manufacturer type to or family to ensure aesthetic compatibility. All light poles and standards shall be in dark green, black or bronze.
3. Parking lot lighting shall be no higher than twenty-seven (27) feet, except that parking lot lighting within one-hundred (100) feet of the south or east property line shall be no higher than eighteen (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 may be up-lighted by ground mounted concealed fixtures.
6. All dumpsters will be fully enclosed and screened from adjoining uses and the right of way. One side of said dumpster can be screened by a movable solid gate system.
F. Graphics and Signage Commitments
1. All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the appropriate zoning district. Any variance to the sign requirements other that those sign requirements listed below shall be submitted to the Columbus Graphic Commission.
2. The free standing signage shall be a monument style graphic, except that one non-monument sign shall be permitted provided that it is designed with an architectural style similar to the main shopping center building and the sign post and pillars are faced primarily in brick.
G. Miscellaneous Commitment
1. The park fee which the developer shall pay pursuant to Columbus City Code Section 3318.13 shall be a park fee of $2592. The fee shall be due prior to issuance of zoning clearance.
2. At the time of development of the subject property if the adjacent property at the southeast corner of Stelzer Road and McCutcheon Road (the "Corner Parcel") is not controlled by the developer of the subject property, then there shall be a 10 foot pavement/building and canopy setback from the Corner Parcel as shown on the CPD site plan, titled, "CPD District," and the developer of the subject property shall install deciduous trees 30 feet on center within that 10 foot setback area. If the Corner Parcel is subsequently acquired by an owner of the subject property and incorporated in the subject property, then that setback and those trees shall no longer be required.
3. If the developer acquires the Corner Parcel, then the setbacks and landscaping as outlined in the Development Text shall be extended along the Stelzer Road and McCutcheon Road frontages of the Corner Parcel., and the required R.O.W. along the Corner Parcel shall also be given to the City of Columbus per the City's thoroughfare plan.
H. CPD Criteria
1. Natural Environment
The site is flat and undeveloped.
2. Existing Land Uses
To the south and east is a developing residential community zoned PUD-8, on the southeast corner of Stelzer and McCutcheon Roads is vacant land zoned commercial (C-4); to the north across McCutcheon Road is a fire station occupying land zoned manufacturing (L-M-2), and vacant lands zoned apartment residential (AR-1) and commercial (C-4); on the northeast corner of Stelzer and McCutcheon Roads is vacant land zoned manufacturing (L-M-2); on the northwest corner of Stelzer and McCutcheon Roads is a commercial establishment containing a vet clinic zoned commercial (C-3); on the southwest corner of Stelzer and McCutcheon Roads is a vacant lot zoned commercial (C-3); on the southwest corner of Stelzer and McCutcheon Roads is a vacant lot zoned commercial (C-3); to the west across Stelzer Road is multi-family residential development zoned residential (PUD). There is a storm water drainage ditch along the east property line.
3. Transportation and Circulation
The site will have access to both McCutcheon Road and Stelzer Road.
4. Visual from the development
The site shall be developed in accordance with the text which includes architectural standards.
5. View and Visibility
In the development of the subject property and the location of the building and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
6. Proposed Development
Commercial as permitted under this text
7. Emissions
No adverse affects from emissions shall result from the proposed development.
8. Behavior Patterns
The proposed development will service the existing residential area as well as the office worker who uses Stelzer Road to get to work.
I. Variances Requested
This rezoning permits certain C.C. 3356 retail development, no more than one motor vehicle fuel sales facility, and a car wash. No variances to development standards are requested.
J. Abandonment of Retail Filing Station
The retail filling station use shall be considered abandoned if it has ceased operations or is closed to the public for a minimum of 6 months in any 12 month priod. The owner or lessee of the motorehicle 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 vehcle parking or abandonmnt 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 remediate abandoned underground tanks.
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 the state of disrepair.
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.