Explanation
Rezoning Application # Z05-081
APPLICANT: The Kroger Co.; c/o David Perry, Agent; The David Perry Company; 145 East Rich Street; Columbus,
OH 43215; and Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Addition of fuel sales and pharmacy drive-thru to existing grocery store.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on December 8, 2005.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District would allow motor vehicle fuel sales and convenience retail sales in conjunction with an existing grocery store zoned in the L-C-4, Limited Commercial District. The request also includes the addition of a drive-thru pharmacy pick-up window for the grocery store. CPD development standards address use restrictions, canopy location and design, building materials, site access, landscaping, outdoor display location, and abandonment provisions. This proposal is consistent with a citywide zoning and development pattern that has added fuel sales to shopping centers anchored by grocery stores.
Title
To rezone 1169 POLARIS PARKWAY (43240), being 1.52± acres located on the east side of Sancus Boulevard, 800± feet south of Polaris Parkway, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District (Rezoning # Z05-081).
Body
WHEREAS, application #Z05-081 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.52± acres from 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, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District would allow motor vehicle fuel sales and convenience retail sales in conjunction with an existing grocery store zoned in the L-C-4, Limited Commercial District. The request also includes the addition of a drive-thru pharmacy pick-up window for the grocery store. The CPD development standards address use restrictions, canopy location and design, building materials, site access, landscaping, outdoor display location, and abandonment provisions. This proposal is consistent with a citywide zoning and development pattern that has added fuel sales to shopping centers anchored by grocery stores, 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:
1169 POLARIS PARKWAY (43240), being 1.52± acres located on the east side of Sancus Boulevard, 800± feet south of Polaris Parkway, and being more particularly described as follows:
ZONING DESCRIPTION OF 1.523 ACRES LOCATED EAST OF SANCUS BOULEVARD AND
SOUTH OF POLARIS PARKWAY
Situated in the State of Ohio, County of Delaware, City of Columbus, lying in Farm Lot 12, Section 4, Township 3, Range 18, United States Military District and being part of an original 79.600 acre tract (Polaris Center) conveyed to Polaris Center, LLC, by deed of record in Official Record 644, Page 351, all records herein are from the Recorder's Office, Delaware County, Ohio, said 1.523 acre tract being more particularly described as follows:
BEGINNING FOR REFERENCE, at point at the centerline intersection of Polaris Parkway (164 feet-wide) (Plat Book 24, Page 37) and Sancus Boulevard (80 feet-wide) (Plat Cabinet 1, Slide 129);
Thence South 39°50'31" West, a distance of 478.57 feet, along the centerline of Sancus Boulevard, to a point;
Thence South 50°09'29" East, a distance of 40.00 feet, to a point in the southeasterly right-of-way line of said Sancus Boulevard and the northwest corner of said original 79.600 acre tract;
Thence the following two (2) courses and distances along the southeasterly right-of-way line of said Sancus Boulevard and the west lines of said original 79.600 acre tract:
1. South 39°50'31" West, a distance of 201.36 feet, to a point;
2. Along a curve to the left, having a delta angle of 19°31'37", a radius of 960.00 feet, an arc length of 327.17 feet, a chord which bears South 30°04'32" West and a chord distance of 325.59 feet, to the TRUE POINT OF BEGINNING;
Thence the following six (6) courses and distances over and across said original 79.600 acre tract:
1. South 70°45'46" East, a distance of 223.37 feet, to a point;
2. South 12°28'31" West, a distance of 90.58 feet, to a point;
3. North 77°31'29" West, a distance of 59.75 feet, to a point;
4. South 12°22'38" West, a distance of 191.85 feet, to a point;
5. South 48°58'44" West, a distance of 114.11 feet, to a point;
6. North 87°03'59" West, a distance of 70.84 feet, to a point in the easterly right-of-way line of said Sancus Boulevard;
Thence the following two (2) courses and distances along the easterly right-of-way line of said Sancus Boulevard:
1. North 03°01'33" East, a distance of 125.40 feet, to a point;
2. Along a curve to the right, having a delta angle of 17°17'10", a radius of 960.00 feet, an arc length of 289.63 feet, a chord which bears North 11°40'09" East and a chord distance of 288.53 feet, to the TRUE POINT OF BEGINNING, containing 1.523 acres, more or less.
The above description was based on records and information obtained from the Delaware County Recorder's Office and Delaware County Auditor. The above description is intended for zoning purposes only and not for the transfer of real land.
The bearings in the above description are based on the bearing of South 39°50'31" West, for the centerline of Sancus Boulevard as shown and delineated on the record plat of record in Plat Cabinet 1, Slide 129, at the Recorder's Office, Delaware County, Ohio.
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 plans being titled, "LOCATION PLAN"and "SITE PLAN," and text titled, "DEVELOPMENT TEXT," all signed by Donald T. Plank, Attorney for the Applicant, and David B. Perry, Agent for the Applicant, dated March 22, 2006, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.523 +/- Acres
EXISTING DISTRICT:
L-C-4, Limited Commercial District
PROPOSED DISTRICT:
CPD, Commercial Planned Development District
PROPERTY ADDRESS:
1169 Polaris Parkway, Columbus, OH 43240
OWNER:
Polaris Center, LLC, 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:
Kroger Co. 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:
March 22, 2006
APPLICATION NUMBER:
Z05-081
INTRODUCTION:
The site is 1.523 +/- acres located on the south side of Polaris Parkway and the east side of Sancus Boulevard. The site is part of Sub-Area 3-B 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 site as well as on a large area of property surrounding the site. The site is also part of the 70 +/- acre Polaris Towne Center Shopping Center. The 1.523 +/- acre site to be rezoned is located immediately west of the Kroger store and between Kroger and Sancus Boulevard. Applicant proposes to rezone the 1.523 +/- acres to permit retail motor vehicle fuel sales. The area of the rezoning is undeveloped other than that the rezoning area includes part of entrance drives to the shopping center at the north and south ends of the 1.523 +/- acres. The following plans are submitted with this application and hereby incorporated by reference, as the development plan for the fuel use, subject to final engineering: "Location Plan - Kroger N-839, Polaris Town Center" and "Site Plan - Kroger N-839, Polaris Town Center" Site Plan", both dated March 22, 2006, hereinafter referred to as "Location Plan" and "Site Plan". The Site Plan also depicts a pharmacy pickup window, canopy structure over the pharmacy pickup window, code required vehicle stacking associated with the pick-up window and portions of existing driveways from/to the shopping center form Sancus Boulevard. The pickup window use is permitted under existing L-C-4 zoning. The pickup window is depicted on the CPD plan submitted with this application for zoning to permit the retail sale of motor vehicle fuel to show the relationship of the pick-up window use to the fuel use, but the depiction of the pickup window use shall not be interpreted as a requirement for development of the CPD area. The "Location Plan" and "Site Plan" also depict portions of access drives for the shopping center from/to Sancus Boulevard.
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. The rezoning proposal is consistent with the recommendations of the Far North Plan, the recommendations for Area J-1, and the commercial nature of the site and area and location of fuel uses on arterial right of ways and at major commercial development areas. 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:
All uses of Section 3356.03, C-4, Permitted Uses and Section 3357.01, C-5, Commercial
District, 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, a car wash
as the primary or sole use of the property.
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 Sancus Boulevard, 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 Sancus Boulevard.
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.
3). 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: There shall be no new direct vehicular access from the fuel use to Sancus Boulevard. Vehicular access to Sancus Boulevard and Polaris Parkway will be from existing Sancus Boulevard and Polaris Parkway curb cuts for the shopping center.
2). There is an existing curbed median island in the entrance and exit drive to the shopping center. The curbed median island shall be extended 8 - 10 feet east. The exact length of the extension shall be determined in conjunction with construction plan review by the Division of Transportation.
3). Traffic control signage shall be placed as depicted on the Site Plan.
4). Parking:
Off street parking and loading shall be provided in compliance with the provisions of Chapter 3342 of the Columbus Zoning Code.
5). 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.
5) The handicap ramp adjacent to the east side of the north driveway entrance to the fuel area shall be relocated to a new portion of the curb with the approval of the Division of Transportation.
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. The existing row of evergreen shrubs adjacent and parallel to Sancus Boulevard shall be preserved or if removed in the construction of the fuel use, shall be replaced with evergreen shrubs with a minimum height of 24 inches at time of planting at three (3) feet on center.
(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. Building Lines, 1), where aisles connect adjacent parking lots (2. Development Standards, A. 2. Building Lines, 1), (2. Development Standards, A. 3, Parking Setback Lines, a.1), and where no parking setback is required (2. Development Standards, A. 3, Parking Setback Lines, a.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 shall be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas. The foregoing not withstanding, there shall be no required landscaped setback along any property line other than a public street for any lot split of the motor vehicle fuel use.
(e) Each parcel shall provide in the front of the parcel a minimum thirty (30) foot wide landscape buffer area, unless otherwise permitted by this Development Text, outside of but adjacent and parallel to any public street. Except for graphics and driveways, the surface of the front buffer area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may occur in said buffer areas.
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. Mounding to a minimum height of 30 inches shall be provided within the 30 foot parking setback along and parallel to the fueling area.
(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.
5) Mounding and trees shall be provided as depicted on the Site Plan.
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) Exterior building materials of the fuel station attendant's kiosk shall be brick or materials having the appearance of brick, other than glass, window framing materials and the door for access to the kiosk.
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 (downlighting) and shall minimize light spillage to off-site parcels provided, however, that building and landscaping may be uplighted from a concealed source.
(b) Parking lot lighting shall be no higher than 28.
(c) Canopy light fixtures shall be recessed or fully shielded.
2) Outdoor product display shall be limited to a five (5) foot perimeter around the attendant's kiosk and/or on the pump islands. Outside product display shall be limited to a height of three (3) feet. Vending machine(s) may be located in the perimeter around the attendant's kiosk. There shall be no outside storage and there shall be no leasing or sale of vehicles on the premises.
F. Graphics Commitments.
All signage and graphics shall conform to Article 15 of the Columbus Graphics Code as it applies to the C-5 district if the motor vehicle fuel sales use is developed or, if not developed, graphics shall conform to applicable standards of 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. Traffic directional signage shall be installed as depicted on the site plan.
G. Miscellaneous:
1) The CPD area may be split, in whole or in part, from the shopping center to establish a separate parcel. If split, all applicable easements shall be granted between the split parcel and the residual shopping center parcel to provide for applicable vehicular and pedestrian circulation. If split, the rear and side landscaped setback standards itemized in Section C.1.(d) of this text shall not be applicable.
2) Applicability. This ordinance shall supersede any and all references applicable to this site as part of Sub-Area 3-B, as referenced in Ordinance 1413-01 (Z91-018C).
3) 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.
4) The following plans are submitted with this application and hereby incorporated by reference, as the development plan for the fuel use, subject to final engineering: "Location Plan - Kroger N-839, Polaris Town Center" and "Site Plan - Kroger N-839, Polaris Town Center" Site Plan", dated March 22, 2006 and signed March 22, 2006 by David B. Perry, Agent, and Donald Plank, Attorney, hereinafter referred to as "Location Plan" and "Site Plan", respectively. The Site Plan also depicts a pharmacy pickup window, canopy structure over the pharmacy pickup window and code required vehicle stacking associated with the pick-up window along the west wall of the building adjacent to the fuel area. The pickup window use is permitted under existing L-C-4 zoning. The pickup window is depicted on the CPD plan submitted with this application for zoning to permit the retail sale of motor vehicle fuel to show the relationship of the fuel and the pickup window uses. Depiction of the pick-up window and associated canopy and stack parking shall not be interpreted as a requirement for development of the CPD area or a requirement for construction of the motor vehicle fuel use. Part of the existing shopping center driveways to/from Sancus Boulevard are depicted on Sheet 2, "Site Plan" and included in the area being rezoned solely to incorporate required traffic control signage, median alteration and certain required landscaping in the area being rezoned, all as depicted on the Site Plan. The inclusion and depiction of the driveways from/to Sancus Boulevard shall not preclude alterations to the driveways or median other than the requirement to maintain applicable traffic control signage, median alteration and landscaping specifically required by this text/Site Plan. The "Location Plan" and the "Site Plan" shall only be applicable to the site for the retail sale of motor vehicle fuel.
5) Certificate of Zoning Clearance: The Polaris Towne Center shopping center, of which the 1.523 acres being rezoned is a part of, has an on-premise Private Water System (PWS) supplied with water from the City of Columbus from a water main in Sancus Boulevard. Part of the PWS is located within the area being rezoned. The Certificate of Zoning Clearance for the retail fuel use shall not be issued without the review and approval of the Division of Water, particularly as related to the PWS and any alterations of the PWS required by the Division of Water related to the construction of the retail fuel use.
6) Abandonment: The motor vehicle fuel 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 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 end 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 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 on the east side of Sancus Boulevard, south of Polaris Parkway.
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 motor vehicle fuel sales.
6) Behavior Pattern. The CPD site is situated south of Polaris Parkway on the east side of Sancus Boulevard and is part of the Polaris Towne Center Shopping Center.
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.