Explanation
Rezoning Application Z04-008
APPLICANT: Visconsi Companies, Ltd.; c/o Jackson B. Reynolds, III, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Drug store development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 6, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Applicant requests the CPD, Commercial Planned Development District to develop a drug store. The current CPD zoning district only permits a car wash. The appropriateness of commercial use of this site has been established by the existing zoning as well as surrounding development and proximity to a major interchange. The proposal is consistent with the commercial development within the area and the recommendations of the Brice/Tussing Area Plan (1990).
Title
To rezone 2615 BRICE ROAD (43068), being 1.02± acres located at the southwest corner of Brice Road and Scarborough Boulevard, From: CPD, Commercial Planned Development and C-4, Commercial Districts, To: CPD, Commercial Planned Development District. (Rezoning # Z04-008).
Body
WHEREAS, application #Z04-008 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.02± acres from 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 Applicant requests the CPD, Commercial Planned Development District to develop a drug store. The current CPD zoning district only permits a car wash. The appropriateness of commercial use of this site has been established by the existing zoning as well as surrounding development and proximity to a major interchange. The proposal is consistent with the commercial development within the area and the recommendations of the Brice/Tussing Area Plan (1990), 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:
2615 BRICE ROAD (43068), being 1.02± acres located at the southwest corner of Brice Road and Scarborough Boulevard, and being more particularly described as follows:
DESCRIPTIONOF 1.023 ACRES WEST OF BRICE ROAD, SOUTH OF SCARBOROUGH BOULEVARD, CITY OF COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 45, Section 26, Township 12, Range 21, Refugee Lands, being all of that 0.797 acre tract as described in a deed to First Lease LTD., of record in Official Records Volume 1990, Page G15, all of that 0.157 acre tract (Parcel 2) as described in a deed to Waffle House, Inc., of record in Official Records Volume 2901, Page H06 and 0.069 acre of that 0.779 acre tract (Parcel 1) as described in a deed to Waffle House, Inc., of record in Official Records Volume 2901, Page H06, Recorder's Office, Franklin County, Ohio, being more particularly described as follows:
Beginning FOR REFERENCE at Franklin County Monument No. 4426 located at the centerline intersection of Scarborough Boulevard and Brice Road; thence North 86 deg. 10'30" West, along the centerline of Scarborough Boulevard, a distance of 149.86 feet to a point of curvature; thence South 03 deg. 49'30" West, a distance of 40.00 feet to an iron pin found in the southerly right-of-way line of Scarborough Boulevard and the TRUE PLACE OF BEGINNING;
Thence South 86 deg. 10'30" East, along said southerly right-of-way line, a distance of 69.96 feet to an iron pin set in the westerly right-of-way line of Brice Road;
Thence along the westerly right-of-way line of Brice road the following courses:
1. South 03 deg. 48' 15" West, a distance of 10.02 feet to an iron pin set;
2. South 86 deg. 10'46" East, a distance of 9.88 feet to an iron pin set;
3. South 03 deg. 57'25" West, a distance of 210.42 feet to an iron pin set;
Thence North 86 deg. 02'35" West, through said 0.799 acre tract with a new division line, a distance of 75.67 feet to a p.k. nail set;
Thence South 03 deg. 57'25" West, continuing through said 0.799 acre tract, a distance of 10.08 feet to a p.k. nail set;
Thence North 86 deg. 02'35" West, continuing through said 0.799 acre tract, passing the southeasterly corner of said 0.157 acre tract, at a distance of 49.32 feet and continuing along the southerly line of said 0.157 acre tract and the easterly perimeter of a 35.489 acre tract as described in a deed to Meijer Realty Company, of record in Official Records Volume 8021, Page D08, a total distance of 119.32 feet to an iron pin set at the southwesterly corner of said 0.157 acre tract;
Thence North 03 deg. 57'25" East, along said easterly perimeter and the westerly line of said 0.157 acre tract, a distance of 226.58 feet to an iron pin set at a point of curvature;
Thence continuing along said easterly perimeter and said westerly line with the are of a curve to the left, having a radius of 20.00 feet, a central angle of 76 deg. 10'02", the chord of which bears North 34 deg. 07'36" West, a chord distance of 24.67 feet to an iron pin set at a common corner to said tracts in the southerly right-of-way line of Scarborough Boulevard;
Thence along said southerly right-of-way line with the arc of a non-tangent curve to the left, having a radius of 540.00 feet, a central angle of 13 deg. 57'55", the chord of which bears South 79 deg. 11'33" East, a chord distance of 131.29 feet to the TRUE PLACE OF BEGINNING and containing 1.023 acres of land.
Bearings herein are based on South 86 deg 10'30" West for Scarborough Boulevard as shown on the record plat of record in Plat Book 46, Pages 52-55.
Iron pins set consist of a 1" O.D. pipe 30" long with a plastic cap inscribed "M-E Companies / S-6872"
This description was prepared by M- E Companies, Civil Engineering Group, based on information obtained from actual field surveys.
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 plan being titled, "VISCONSI COMPANIES LTD - DEVELOPER, SITE PLAN FOR PROPOSED RETAIL, BRICE ROAD, SCARBOROUGH BLVD., COLUMBUS, OHIO"and "CPD TEXT", both signed by Jackson B. Reynolds III, attorney for the Applicant and dated May 13, 2004, and the text reading as follows:
CPD TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 2615 Brice Road
OWNER: First Lease Ltd. et al.
APPLICANT: Visconsi Companies, Ltd.
DATE OF TEXT: 05/13/04
APPLICATION NUMBER: Z04-008
1. INTRODUCTION: The property was developed with a gasoline station that has closed and the building sits vacant. The proposed redevelopment of the site by the applicant is a new drug store that will use the existing curbcuts.
2. PERMITTED USES: Those uses permitted in Sections 3356.03 (C-4 district) of the Columbus City Code. However, none of the following shall be permitted: book bindery, bus or truck terminal, testing or experimental laboratory and billboards.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in this text or the Site Plan, the development standards for C-4, as contained in Chapter 3356 of the Columbus City Code shall apply.
A. Density, Lot, and/or Setback Commitments.
1. The building and parking setbacks from Brice Road shall be 60 and 5 feet respectively. The building and parking setbacks from Scarborough Boulevard shall be 50 feet and 10 feet respectively.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
2. The existing curb cut shall be reused and the Brice Road curb cut shall be shared with The Waffle House Restaurant located to the south.
3. The Scarbough Boulevard curb cut will be restricted to limit left out of the site (to the west) and a concrete divider will be provided as a traffic control to insure permitted vehicular movements.
4. There shall be a sign erected stating that there will be no left turns into the site from Scarbough Blvd. during peak hours (4 p.m. to 6 p.m.).
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The developer shall install one tree for each 40 feet of frontage (grouped or spaced), along Brice Road and Scarborough Boulevard.
2. For all parking areas along Brice Road and Scarborough Boulevard, a minimum screening height of 30 inches (60 inches maximum) shall be maintained along this frontage for the shielding of auto headlights as measured from the elevation of the nearest section of an adjacent parking area. Such screening can be accomplished by the use of mounding, brick or stone structures or landscaping material.
3. Lot coverage to include: buildings, parking and service areas shall not exceed 90% of the designated lot (credit shall be given for setback areas if not paved).
4. For all loading areas, screening of opaque wood or brick or planting shall be a minimum of six (6) feet in height and be so designed as to interrupt vision into such areas from adjacent streets and properties. All outdoor storage trash containers shall be fully screened.
5. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
6. All trees meet the following minimum size at the time of planting: Shade trees 2.5" caliper; Ornamental trees 1.5" caliper; Evergreen trees 6 feet in height. Tree caliper is measured six (6) inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The building will have a mezzanine level which will be used for storage purposes only and therefore not count toward the parking requirements.
2. The building will be constructed of Brick and Limestone materials on all four (4) sides and the rear wall (west elevation) will be fenestrated to provide relief for additional aesthetic purposes.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designed to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure compatibility.
3. Accent lighting shall be permitted provided such light source is concealed from adjacent right-of-way.
4. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
5. Light poles in the parking lot shall not exceed 18 feet in height.
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The site shall be developed in substantial compliance with this CPD text and the site plan submitted herewith, titled "VISCONSI COMPANIES LTD - DEVELOPER, SITE PLAN FOR PROPOSED RETAIL, BRICE ROAD, SCARBOROUGH BLVD., COLUMBUS, OHIO," signed by Jackson B. Reynolds, III, Attorney for the Applicant and dated May 13, 2004.
2. The Zoning Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed. Any slight adjustment to the Zoning Site Plan shall 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.
H. CPD Criteria
a. Natural Environment. The site is a vacant gasoline station site.
b. Existing Land Use. To the north, south, east and west are commercial developments.
c. Proposed Use. Commercial
d. Transportation and Circulation. Access will be from Brice Road and Scarborough Boulevard via the existing curb cuts and internal access from The Waffle House Restaurant to the south.
e. Visual Form of the Environment. The visual form of the development will be established at the time of construction.
f. View and Visibility. View and visibility of the development shall be determined at the time of construction.
g. Emissions. No adverse emissions are expected from this development.
B. Variances
1. C.C. 3342-28(b)(15). The number of on site parking spaces shall be reduced from 52 to 43, a reduction of 9 spaces. There will be a parking agreement with The Waffle House Restaurant to provide for an additional 27 spaces.
2. C.C. 3342.28(d). The parking setback off Brice Road shall b e reduced to 5 feet from 10 feet, a reduction of 5 feet.
3. C.C. 3342.08(c). To reduce the aisle width along the drive thru stacking line from 20 feet to 19 feet, a reduction of one foot to accommodate the bypass lane.
4. C.C. 3342.07. To reduce the stacking number from 8 to 6 spaces, a reduction of 2 spaces.
5. C.C. 3342.06. To reduce the aisle width between the two loading spaces from 15 feet to 13 feet, a reduction of 2 feet.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.