Explanation
Rezoning Application Z05-051
APPLICANT: Costco Wholesale and TJ Design Strategies, Ltd.; c/o Dave Perry, Agent; The David Perry Company; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Retail sale of gasoline.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on September 8, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow nearly the same C-4, Commercial District uses that the current zoning district allows, with the addition of retail fuel sales. The proposed site is located near the new I-71 interchange serving the Polaris area. Retail fuel sales are considered to be highway oriented commercial development in the Columbus code and are appropriate uses near the new highway interchange The proposed site plan and text are consistent with the zoning and development patterns of the area.
Title
To rezone 1500 GEMINI PLACE (43240), being 1.19± acres located at the northwest corner of Gemini Place and Lyra Drive, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z05-051)
Body
WHEREAS, application #Z05-051 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.19± acres from the L-C-4, Limited Commercial 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 so that closing on the property can occur in the 2005 calendar year 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 requested CPD, Commercial Planned Development District, would allow nearly the same C-4, Commercial District uses that the current zoning district allows, with the addition of retail fuel sales. The proposed site is located near the new I-71 interchange serving the Polaris area. Fuel sales are considered to be highway commercial development in the Columbus code and are appropriate uses near the new highway interchange The proposed site plan and text are consistent with the zoning and development 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:
1500 GEMINI PLACE (43240), being 1.19± acres located at the northwest corner of Gemini Place and Lyra Drive, and being more particularly described as follows:
1.189 Acres
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 14, Section 4, Township 3, Range 18, United States Military Lands and being 1.189 acres of land out of said Farm Lot 14 and being 1.189 acres of land out of 11.643 acre tract of land as conveyed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2318 (all records being of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows;
Beginning for reference at the centerline intersection of Gemini Place (Ordinance Number 1867-2004) formerly known as Fashion Mall Parkway as recorded in Plat Cabinet 2, Slide 670 with the centerline projected south of Lyra Drive Part 3 as recorded in Plat Cabinet 2, Slide 669;
Thence North 87°04'20" West with the centerline of said Gemini Place, a distance of 90.43 feet to a point;
Thence North 02°55'40" East crossing said Gemini Place, a distance of 55.00 feet to a found 1" iron pipe with an EDG cap on the northerly right of way line of said Gemini Place and being the true point of beginning;
Thence North 87°04'20" West with the northerly right of way of said Gemini Place, a distance of 178.21 feet to a 1" iron pipe set with an EDG cap;
Thence through said 11.643 acres of land, the following three (3) courses;
- North 03°18'58" East, a distance of 243.89 feet to a 1" iron pipe set with a cap;
- North 83°55'44" East, a distance of 45.71 feet to a 1" iron pipe set with an EDG cap;
- South 86°41'02" East, a distance of 162.90 feet to a 1" iron pipe found with an EDG cap on the westerly right of way line of said Lyra Drive;
Thence with the westerly and northerly right of way line of said Lyra Drive, the following two (2) courses;
- South 03°18'58" West, a distance of 220.14 feet to a found 1" iron pipe with an EDG cap at a point of curvature;
- With a curve southwesterly and to left having a radius of 30.00 feet, a central angle of 89°36'42", a chord bearing of South 48°07'19" West, a chord distance of 42.28 feet, and an arc length of 46.92 feet to the true point of beginning and containing 1.189 acre of land more or less.
This description was prepared by Environmental Design Group Inc., Columbus, Ohio, a division of Floyd Browne Group. The basis of bearing is South 87°04'20" East for the centerline of Fashion Mall Parkway of record in Plat Cabinet 2, Slide 670 now known as Gemini Place (Ordinance Number 1867-2004). The drawing is attached hereto and made a part there of.
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Darrell B. Plummer, P.S. 7595 Date
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, "COSTCO WHOLESALE PRELIMINARY SITE PLAN," signed by David B. Perry, agent for the Applicant, and Donald Plank, attorney for the Applicant, and dated October 17, 2005; and text titled, "DEVELOPMENT TEXT," signed by David B. Perry, agent for the Applicant, and Donald Plank, attorney for the Applicant, and dated October 17, 2005, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.189 ± ACRES
EXISTING DISTRICT:
L-C-4, Limited Commercial District
PROPOSED DISTRICT:
CPD, Commercial Planned Development District
PROPERTY ADDRESS:
1500 Gemini Place, Columbus, OH 43240
OWNER:
NP Limited c/o Dave Perry, Agent, The David Perry Co., 145 East Rich Street,
Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich
Street, Columbus, OH 43215
APPLICANT:
Costco Wholesale and TJ Designs, Ltd. c/o Perry, Agent, The David Perry Co., 145
East Rich Street, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm,
145 East Rich Street, Columbus, OH 43215
DATE OF TEXT:
October 17, 2005
APPLICATION NUMBER:
Z05-051
INTRODUCTION:
The subject property is 1.189 +/- acres located at the northwest corner of Gemini Place and Lyra Drive. The 1.189 +/- acre site is part of Sub-Area 7-C of the Polaris Centers of Commerce rezoning (Ordinance 943-91, passed April 29, 1991 (Z91-018), as amended by Ordinance 1413-01, passed July 30, 2001 (Z91-018C). Commercial uses (C-1 through C-4) are presently permitted at the subject 1.189 +/- acres as well as on a large area of property surrounding the site.
Applicant proposes to rezone the property to the CPD, Commercial Planned Development District to permit the retail sale of motor vehicle fuel. Polaris Centers of Commerce is presently served by the interstate interchange at I-71 and Polaris Parkway. A second interchange at Gemini Place and I-71 is presently under construction. The subject site will have direct interstate access with the second interchange and extension of Gemini Place across I-71.
The site is located in Area J-1, as designated in the Far North Plan. Area J-1 is the 1200+ acre Polaris Centers of Commerce development. The Far North Plan recognizes Area J-1 as a major office, commercial and industrial complex under development and specifically recommends that auto-oriented uses be located at the major intersections along Polaris Parkway. When the plan was adopted by City Council (1994), there were no plans for a second interstate interchange. The rezoning proposal is consistent with the recommendations of the Far North Plan, the recommendations for Area J-1, and for location near a interstate interchange. The use will provide auto and convenience oriented services consistent with a major office, commercial and industrial development.
1. PERMITTED USES: The following uses shall be permitted:
a) All uses of Section 3356.03, C-4, Permitted Uses except: billboards, off-premise
graphics, other than as approved by the Columbus Graphics Commission, used car
lots, except used car lots used in conjunction with the sale of new cars, outside storage
of items with the exception of items offered for sale and accessory to a permitted use,
such as hardware, lumber, or landscaping sales uses, etc., storage of hazardous
wastes except for small quantities generated or used in connection with testing labs or
other permitted use under controlled conditions in compliance with all laws regulating
such materials, and
b) the retail sale of motor vehicle fuel.
2. 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. Building Height: The height district shall be H-35, allowing for a 35-foot height limitation in accordance with Sections 3309.14 and 3309.142 of the Columbus Zoning Code. Any gas station canopy shall not exceed a height of nineteen (19) feet.
2. Building Setback Lines:
(a) The building setback lines shall be as follows: fifty (50) from Gemini Place, forty (40) feet from Lyra Drive, three (3) feet from any side property line, and ten (10) feet from any rear property line, except as otherwise set forth herein in the development text and in a.1 and a.2.
1. No building setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
2. The building setback line for canopies covering gasoline pumps shall be a minimum of twenty-five (25) feet from any public street right-of-way.
3. Parking Setback Lines:
a) The parking setback line shall be as follows: thirty (30) feet from Gemini Place, twenty (20) feet from Lyra Drive.
b) No parking or maneuvering areas, except driveways, shall be constructed nearer than three (3) feet from any side or rear property line, except as follows:
1) Internal aisles for vehicular circulation within parking lots to provide internal connection and circulation between adjacent parking lots are permitted.
2) No parking or maneuvering setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
c). Wheel blocks shall be provided in any parking spaces adjacent to the three (3) foot side or rear property line parking setback and the wheel blocks shall be placed within the parking space to prevent the overhang of vehicles into the parking setback.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1). Access: Vehicular access to Gemini Place and Lyra Drive shall be as approved by the Division of Transportation, except if the site is used for the sale of motor vehicle fuel(s), in which case there shall be no direct vehicular access to either Gemini Place or Lyra Drive from/to the fuel area.
2). Parking:
Off street parking and loading shall be provided in compliance with the provisions of Chapter 3342 of the Columbus Zoning Code.
3) Freight Loading Areas:
Provision for handling all truck service shall be totally within each parcel. No off-street loading areas or loading docks shall be located on or along the front wall of any building, within the front yard of any parcel or nearer than fifteen (15) feet from any side or rear property line. Off-street loading areas or loading docks located on or along the side wall of any building shall in no event be located nearer than twenty-five (25) feet from the front of the building and such facilities and all activities therein shall be screened from view from all public streets with buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6' high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1) Landscaping: The basic landscape design approach shall be to soften streetscape views of parcel parking lots and enhance site entries. Plants shall be arranged to highlight building entries, soften building masses, provide scale to site development, screen and organize parking and service areas, and define parcel edges. The following standards shall apply:
(a) Existing vegetation within and adjacent to parcels shall be preserved and incorporated into the landscape scheme where feasible.
(b) For all retaining walls an area to be planted with shrubs and/or vines shall be provided between the wall and any paved area.
(c) All open areas on each developed parcel not occupied by buildings, structures, outside storage areas, parking areas, street right-of-way paved areas, driveways, walkways and off-street loading areas shall be suitably graded and drained and shall be landscaped with lawns, trees and shrubs.
(d) Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel and adjacent and parallel to the side and rear property lines, except where no building setback is required (2. Development Standards, A.2.1), where aisles connect adjacent parking lots (2. Development Standards, A.3.b.1) and where no parking setback is required (2. Development Standards, A.3.b.2). The surface of the side and rear buffer areas shall be expressly reserved for the planting of lawns, trees or shrubs and no structures (except approvable graphics), equipment of any nature (except utility equipment, which all be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas.
(e) Thirty (30) foot and twenty (20) foot wide landscaped setbacks shall be provided on the Gemini Place and Lyra Drive street frontages, respectively. Except for graphics and driveways, the surface of the landscaped setback area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may also occur in the setbacks.
2). Screening: It is the intention of the Applicant to establish deed restrictions for the Property which will apply rigorous design standards governing the manner in which screening is implemented on each parcel to create a high quality aesthetic impact and to implement the general standards set forth below.
(a) Screening with landscaping (or screening materials which may consist of any combination of earth mounding, landscaping, walls, and/or fences) shall be provided so as to hide trash collection areas and waste storage area from view, to a minimum opacity of not less than seventy five percent (75%). All such landscaping shall be properly trimmed and all screening shall be maintained in a neat and tidy manner. All service areas shall be separated from public circulation and parking areas.
(b) Where freestanding walls are used for screening, they shall be integrated into the building design and/or landscaping plan so as to appear to be a natural element of the building and/or lot on which such building is located.
3) The minimum size of any trees at installation shall be as follows: Deciduous 2.5" caliper, Ornamental 1.5 inch, Evergreen 5 feet high.
4) Landscaping shall be maintained in a healthy state. Any dead plant material shall be
removed and replaced with like plant material at the next planting season or within 6
months, whichever occurs sooner.
D. Building Design and/or Interior/Exterior Commitments:
1) All heating, ventilating, air conditioning and other building mechanical systems and equipment, whether roof mounted or ground level, 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 80%. Ground level equipment is permitted but will be screened by landscaping or other materials.
2) The columns of any gasoline fuel canopy shall be finished in brick.
3) The gasoline canopy shall not exceed 19 feet in height.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
1) Lighting: Exterior lighting enhances the atmosphere and safety at public parking, walkways and entrances. The following standards shall apply:
(a) All external lighting shall be cutoff type fixtures (down-lighting) and shall minimize light spillage to off-site parcels provided, however, that building and landscaping may be up-lighted from a concealed source.
(b) Parking lot lighting shall be no higher than 28 feet.
(c) Canopy light fixtures shall be recessed or fully shielded.
F. Graphics Commitments.
All signage and graphics shall conform to Article 15 of the Columbus Graphics Code as it applies to the C-4 district. Any variances needed from the applicable graphics requirements shall be submitted to the Columbus Graphics Commission. Any Ground Sign shall be monument style.
G. Miscellaneous:
1) Applicability. This ordinance shall supercede any and all references applicable to this site as part of Sub-Area 7-C, as referenced in Ordinance 1413-01 (Z91-018C)
2) Severability. If for any reason any one or more articles, sections, sentences, clauses or parts of this Text are held invalid by any court of law or duly authorized public body, such determination shall not affect, impair or invalidate the remaining provisions of this Text, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Text held invalid and the invalidity of any section, sentence, clauses or parts of the Text in any one or more instances shall not prejudice in any way the validity of the Text in any other instance.
3) Future Variance Applications: The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, including any and all specific site development standards contained in this ordinance or as depicted on the CPD plan.
4) The 1.2 +/- acre area rezoned by this rezoning application may be a separate tax parcel, but shall be accessed and developed as depicted on the drawings referenced in this text if developed for the sale of motor vehicle fuel.
5) The following drawings are submitted as part of this rezoning application and hereby incorporated by reference:
a) "Costco Wholesale: Preliminary Site Plan" dated October 17, 2005 and signed October 17, 2005 by David B. Perry, Agent, and Donald Plank, Attorney. This drawing depicts the 1.2 +/- acres being rezoned in this application as well as property outside of the area being rezoned to depict the relationship of the fuel area to adjacent property that is planned to be developed with other commercial uses permitted under existing L-C-4, Limited Commercial District zoning. Depiction of development outside of the area being rezoned is for illustrative purposes only. The fuel area shall be developed as depicted, subject to minor adjustment with final engineering. Any such adjustment shall be subject to review and approval by the Development Director or designee.
b) "Costco Wholesale: Preliminary Fuel Facility Plan" dated October 17, 2005 and signed October 17, 2005 by David B. Perry, Agent, and Donald Plank, Attorney. This drawing depicts site development for the fuel use. The site shall be developed in accordance with this drawing, subject to minor adjustment. Any minor adjustment shall be subject to review and approval by the Development Director or designee. The drawing depicts a "future expansion" for the canopy/pump islands. If the future expansion is built, the internal vehicular circulation and internal landscaping island may be adjusted accordingly.
c) The drawings referenced in a) and b) are only applicable to the 1.2 +/- acre site if the site is developed for the sale of motor vehicle fuel. If the site is not developed for the sale of motor vehicle fuel or the motor vehicle fuel use is removed, the drawings are not a commitment for site development and the site may be developed with other uses permitted by this text, subject to applicable code requirements and applicable government review.
H. CPD Requirements:
1) Natural Environment and Existing Land Uses. The site is flat and is undeveloped. The site is presently zoned for commercial use and is adjacent to other commercially zoned property.
2) Existing Land Use: Undeveloped
3) Transportation and Circulation: The site is located at the northwest corner of Gemini Place and Lyra Drive. If developed for the sale of motor vehicle fuel, there shall be no direct vehicular access to Lyra Drive or Gemini Place.
4) Visual Form of the Environment: The property is part of a 1200+ acre commercial development. Property in all directions is zoned for commercial use. Major commercial development has and will occur on adjacent property in all directions.
5) Proposed Development: All C-1 - C-4 uses, as presently permitted and the sale of motor vehicle fuel.
6) Behavior Pattern. The CPD site is situated at the intersection of Gemini Place and Lyra Drive. A second interstate interchange on I-71 will provide interstate access to/from the site as well as access within the arterial street system of the Polaris Centers of Commerce.
7) Emissions: No adverse effect from emissions shall result from the proposed
development.
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.