Explanation
Rezoning Application Z05-072
APPLICANT: Giant Eagle Inc.; c/o Jackson B. Reynolds III, Atty., Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Convenience store with fuel sales.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval (5-3) on April 6, 2006.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 11, 2006.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.29-acre site is part of a 4.97-acre parcel developed with a grocery store and zoned in the L-C-4, Limited Commercial District. The L-C-4 zoning limited the use to grocery store only. The proposed CPD, Commercial Planned Development, uses are limited to fuel sales with pump islands and canopy, retail sales in a convenience store, and associated parking. The exterior building treatments will be architecturally compatible with the adjacent Olentangy Village development. The CPD complies with nearly all requirements of the Urban Commercial Overlay, requesting variances only for fence height and for parking lot screening on the west. The proposed retail building at a five-foot setback from North High Street serves to fill an empty space in the streetscape, as the site is presently part of a parking lot. This CPD proposal requires a reduction of twenty-four (24) parking spaces for the existing grocery store site. An Urban Commercial Overlay administrative parking waiver was issued for the displaced parking.
Title
To rezone 2801 NORTH HIGH STREET (43202), being 0.29± acres located on the west side of North High Street, 440± feet south of Kelso Road, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District. (Rezoning # Z05-072).
Body
WHEREAS, application #Z05-072 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.29± acres from the L-C-4, Commercial District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, City Departments recommend approval because the 0.29-acre site is part of a 4.97-acre parcel developed with a grocery store and zoned in the L-C-4, Limited Commercial District. The L-C-4 zoning limited the use to grocery store only. The proposed CPD, Commercial Planned Development, uses are limited to fuel sales with pump islands and canopy, retail sales in a convenience store, and associated parking. The exterior building treatments will be architecturally compatible with the adjacent Olentangy Village development. The CPD complies with nearly all requirements of the Urban Commercial Overlay, requesting variances only for fence height and for parking lot screening on the west. The proposed retail building, at a five-foot setback from North High Street, serves to fill an empty space in the streetscape, as the site is presently part of a parking lot; 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:
2801 NORTH HIGH STREET (43202), being 0.29± acres located on the west side of North High Street, 440± feet south of Kelso Road, and being more particularly described as follows:
ZONING DESCRIPTION
0.290 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 1, Range 18, Congress Lands, being part of the 4.79 acre tract conveyed to Charlotte P. Kessler and The Park National Bank, Co-Trustees by deed of record in Instrument Number 199705280009077, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, in the westerly right-of-way line of North High Street, at the common corner of said 4.79 acre tract and the 21.989 acre tract conveyed to Olentangy Village Associates II, Ltd. by deed of record in Official Record 31186 G15;
Thence South 11° 07' 21" East, a distance of 29.11 feet, with said westerly right-of-way line, to the TRUE POINT OF BEGINNING;
Thence continuing South 11° 07' 21" East, a distance of 152.98 feet, with said westerly right-of-way line, to a point;
Thence across said 4.79 acre tract, the following courses and distances:
South 78° 52' 39" West, a distance of 81.73 feet, to a point;
North 11° 07' 21" West, a distance of 152.98 feet, to a point;
North 78° 52' 39" East, a distance of 81.73 feet, to the TRUE POINT OF BEGINNING, containing 0.290 acre of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer.
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, "FUEL CONCEPT PLAN GETGO #3512-NORTH HIGH STREET," signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated May 11, 2006; and text titled, "COMMERCIAL PLANNED DEVELOPMENT," signed by Jackson B. Reynolds III, Attorney for the Applicant, and dated August 29, 2006, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 2801 North High Street
OWNER: Charlotte P. Kessler Tr. and Park National Bank Tr.
APPLICANT: Giant Eagle Inc.
DATE OF TEXT: 8/29/06
APPLICATION NUMBER: Z05-072
1. INTRODUCTION: The site is zoned L-C-4 and is part of the parking lot of an existing grocery store. The applicant is seeking to rezone the property to allow a convenience store with fuel sales to be added to the site. The 0.29 acre site is developed with parking that serves the existing grocery store.
2. PERMITTED USES: The permitted uses shall be a convenience store with fuel sales and ancillary parking spaces. The proposed development will consist of a convenience store and pump islands covered by a canopy.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text or the Site Plan, the development standards for C-4 as contained in Chapter 3356 of the Columbus City Code and the Urban Commercial Overlay shall apply.
A. Density, Lot, and/or Setback Commitments.
1. Minimum building setback is 5 feet and maximum of 10 feet from North High Street for the convenience store.
2. The setback for the parking shall be 15 feet from North High Street.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All circulation and access points shall be subject to the approval of the Division of Transportation.
2. Loading areas shall be screened by opaque material and/or landscaping to a minimum of height of six (6) feet.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
The Landscaping shall be developed in accordance to the submitted Site Plan and Site Plan - notations specifications attached hereto and made part hereof as if fully written herein.
1. The parking lot landscaping shall be as set forth on the site plan. (Plant substitutions may be made in concert with permission of city staff.)
2. The landscaping will be maintained and replaced with identical type and size material by the applicant on an ongoing basis.
3. A three (3) foot hedge shall be installed along the North High Street frontage to provide head light screening.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
2. Dumpsters and all ground-mounted mechanical equipment shall be located at the rear of the building and screened from public view to the height of the dumpster/equipment.
3. The height to the bottom of the canopy shall be 15 feet.
4. The materials for the facility shall be brick, eifs, metal and asphalt shingles. The architecture shall mimic the surrounding buildings and is shown on the submitted plan associated with this CPD. The doors on both sides (east/west) shall be open for pedestrian use.
5. No merchandise will be sold or stored outside of the building.
E. Lighting, Outdoor Display Areas, and/or Other Environmental commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designated to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
a. Accent lighting shall be permitted provided such light source is concealed from adjacent right-of-way.
b. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
c. Light poles in the parking lot shall not exceed 18 feet in height.
3. There shall be no outside speakers for amplification of music or announcements other than an intercom system located on the individual pumps.
F. Graphic and Signage Requirements
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 and any variance to those requirement will be submitted to the Columbus Graphics Commission for consideration.
2. No monument / free standing signage will be permitted on site, only canopy and wall mounted signage will be permitted.
3. No parking signage (except for employee parking) shall be posted at those spaces to allow for access to storage tank location for refilling by tanker trucks.
G. Miscellaneous Commitments
1. The hours of operation shall be 5:00 a.m. to midnight seven (7) days a week.
2. Section 3357.18 shall apply if the convenience store with fuel sales is abandoned according to the definition included in this section of the Columbus City Code. The owner / lessee shall follow the requirements found in 3357.18 (a thru e) in order to secure the site and maintain aesthetics of the property.
H. CPD Criteria
1. Natural Environment
The site developed as a parking lot area for an existing grocery store.
2. Existing Land Use
To the southeast and north are commercial developments, to the west is an apartment complex.
3. Proposed Use: Gasoline Station and ancillary parking
4. Transportation and Circulation
Access will be from North High Street.
5. Visual Form of the Environment
The visual form of the development has been established and will not change.
6. View and Visibility
View and visibility of the development has been determined and will remain as it is now.
7. Emissions
No adverse emissions are expected from this development.
8. Variance(s) to Section(s):
1. 3372.611 Design Standards
That the proposed convenience store be exempted from Sections C (side of building) and G (fence extends above 4' in height) of the above design standard.
2. 3342.17 Parking Lot Screening
To vary the required parking lot screening requirement to the west.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.