Explanation
Rezoning Application # Z07-055
APPLICANT: The Kroger Co.; c/o Christopher A. Rinehart, Atty.; Rinehart & Rishel, Ltd.; 300 East Broad Street, Suite 190; Columbus, OH 43215.
PROPOSED USE: Fuel sales and convenience retail.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 9, 2010.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.84± site is comprised of a fuel sales facility zoned C-3, Commercial District; a vacant parcel zoned L-C-4, Limited Commercial District; and vacated Grace Street right-of-way. The requested the CPD, Commercial Planned Development District will allow the construction of a new fuel sales facility and convenience store which will accommodate a setback variance for the fuel canopy. The site is located within the planning area of the Greater Hilltop Plan Amendment (2010), which was recently approved by City Council. The amendment recommends community mixed uses for this site in addition to the application of the Regional Commercial Overlay (RCO). The CPD text and plan commit to canopy location, site access, compliance with C-5 development standards, and RCO standards for landscaping and ground signage. The request is consistent with the zoning and development patterns of the area, and the land use recommendations of the Greater Hilltop Plan Amendment.
Title
To rezone 85 NORTH WILSON ROAD (43204), being 0.84± acres located on the west side of North Wilson Road, 172± feet north of Alberta Street, From: C-3, Commercial and L-C-4, Limited Commercial Districts, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z07-055).
Body
WHEREAS, application #Z07-055 is on file with the Department of Building and Zoning Services requesting rezoning of 0.84± acres from C-3, Commercial and L-C-4, Limited Commercial Districts to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater Hilltop Area 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 that will allow the construction of a new fuel sales facility and convenience store is consistent with the zoning and development patterns of the area, and the land use recommendations of the Greater Hilltop Plan Amendment; 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; 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:
85 NORTH WILSON ROAD (43204), being 0.84± acres located on the west side of North Wilson Road, 172± feet north of Alberta Street, and being more particularly described as follows:
PARCEL 1:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being all of Lots Numbered 46 and 47 of BROAD WILSON SUBDIVISION, as the plat of the same is shown of record in Plat Book 10, pages 144 and 145, Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at an iron pin where the southerly right-of-way line of Grace Street intersects the westerly right-of-way line of Wilson Road, being also the northeasterly corner of Lot Number 47 of the said Broad Wilson Subdivision;
Thence along the westerly right-of-way line of the said Wilson Road, or the easterly line of the said Lot Number 47, South 15 deg. 51'30" West, 166.33 feet to an iron pin at the southeasterly corner of the said Lot Number 47, or the northeasterly corner of Lot Number 23 of the said subdivision;
Thence along the southerly lines of Lots 46 and 47, or the northerly line of Lot Number 23 of the said subdivision, West 84.95 feet to an iron pin at the southwesterly corner of said Lot Number 46 or the southeasterly corner of Lot Number 45;
Thence along the easterly line of the said Lot Number 45 or the westerly line of the said Lot Number 46, North 00 deg. 04' West, 160.0 feet to an iron pin at the northwesterly corner of the said Lot Number 46, and being also in the southerly right-of-way line of the said Grace Street;
Thence along the northerly line of the said Lots Numbered 46 and 47 and being also in the southerly right-of-way line of said Grace Street, East 130.68 feet to the place of beginning;
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being in the Virginia Military Survey No. 3315, and being more particularly bounded and described as follows:
Beginning at the southeast corner of Lot 47 and northeast corner of Lot Number 23 of the BROAD WILSON SUBDIVISION, Franklin County Recorder's Office, said point being 25.00 feet left of Station 6 + 39.35 in the centerline of Wilson Road;
Thence along the Grantor's southerly property line and the south line of Lot 47, South 86 deg 29'45" West, a distance of 10.40 feet to a point 35.00 feet left of Station 6 + 36.49;
Thence along the right-of-way line, North 13 deg. 35' 09" East, a distance of 153.54 feet to a point 32.00 feet left of Station 7 + 90.00;
Thence continuing along the right-of-way line, North 51 deg. 07' West, a distance of 19.96 feet to a point in the Grantor's northerly property line and the north line of Lot 47, said point being 60.00 feet left of Station 7 + 89.62;
Thence along the Grantor's northerly line and the north line of Lot 47, North 86 deg. 29' 45" East, a distance of 25.00 feet to the Grantor's northeast property corner, said point being 25.00 feet left of Station 8 + 05.77;
Thence along the Grantor's easterly property line and the east line of Lot 47, South 12 deg. 27' 58" West, a distance of 166.42 feet to the point of beginning.
PARCEL 2:
Situated in the State of Ohio, County of Franklin, and the City of Columbus,
Being Lot Number Forty-Five (45), "Broad-Wilson Addition" as the plat of same is shown of record in Plat Book 10, pages 144 and 145, Recorder's Office, Franklin, County, Ohio.
VACATED RIGHT-OF-WAY:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Virginia Military Survey No. 3315 and being a 0.216 acre portion of Grace Street, as shown upon the plat entitled Broad-Wilson Addition of record in Plat Book 10, Pages 144 and 145, said portion of Grace Street to be vacated is bounded and described as follows;
Beginning at a 3/4" I.D. iron pipe set in the south right-of-way line of Grace Street (50 feet in width), at the northwest corner of Lot No. 45, and at the northeast corner of Lot No. 44, both as shown upon said plat of Broad-Wilson Addition, said Lot No. 45 having been conveyed to Ahmad Mattan, by deed of record in Instrument 200506090111745 and said Lot 44 being a portion of a 39.531 acre tract of land conveyed to Buffalo-Broad Associates, LLC, by deed of record in Instrument 200105300118580;
thence N 03° 34' 01" W crossing Grace Street and along an east line of said 39.531 acre tract a distance of 50.00 feet to a 3/4" I.D. iron pipe set in the north right-of-way line of Grace Street, at a corner of said 39.531 acre tract and in the south line of Reserve "A", as shown upon said plat of Broad-Wilson Addition;
thence N 86° 25' 59" E along the north right-of-way line of Grace Street, along a portion of the south line of said Reserve "A", along a south line of said 39.531 acre tract and along the south line of a 0.044 acre tract of land conveyed, for N. Wilson Road right-of-way purposes, as Parcel 5-WD to the City of Columbus, by deed of record in Official Record 5856, Page G 08 a distance of 194.97 feet to a P.K. nail set at the southeast corner of said Reserve "A", at the southeast corner of said 0.044 acre tract and at the intersection of the north right-of-way line of Grace Street with the west right-of-way line of N. Wilson Road (variable width);
thence S 12° 19' 19" W along the east end of Grace Street and along the west right-of-way line of N. Wilson Road a distance of 51.99 feet to a P.K. nail set at the northeast corner of Lot No. 47, as shown upon said plat of Broad-Wilson Addition, at the intersection of the south right-of-way line of Grace Street with the west right-of-way line of N. Wilson Road and at the northeast corner of a 0.035 acre tract of land conveyed, for N. Wilson Road right-of-way purposes, as Parcel 4-WD to the City of Columbus, by deed of record in Official Record 6112, Page I 02;
thence S 86° 25' 59" W along the south right-of-way line of Grace Street, along the north line of said Lot No. 47, along the north line of Lot No. 46, as shown upon said plat of Broad-Wilson Addition, and along the north line of said Lot No. 45 a distance of 180.74 feet to the place of beginning, said Lot No. 46 and 47 having been conveyed to Ahmad Mattan, by deed of record in Instrument 200309230304029 (passing a 3/4" I.D. iron pipe set at the northwest corner of said 0.035 acre tract a distance of 25.00 feet);
containing 9,393 square feet (= 0.216 acre) of land, more or less and being subject to all easements and restrictions of record.
To Rezone From: C-3, Commercial and L-C-4, Limited 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 Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "PROPOSED FUEL CENTER," and text titled, " CPD TEXT," both signed by Christopher A. Rinehart, Attorney for the Applicant, dated October 29, 2010, and the text reading as follows:
CPD TEXT
CPD, COMMERCIAL PLANNED DISTRICT
0.836 ACRES +/-
EXISTING DISTRICT: C-3, Community Scale Commercial Development, L-C-4, Regional Scale Commercial District
PROPOSED DISTRICT: CPD, Commercial Planned District
PROPERTY ADDRESS: 85 North Wilson Road (43204)
PROPERTY OWNER: Ahmad Mazen Mattan; 2468 Woodstock Road; Columbus, Ohio 43221
APPLICANT: The Kroger Co.; 4111 Executive Parkway; Westerville, Ohio 43081; c/o: Christopher A. Rinehart, Esq.; Rinehart & Rishel, Ltd.; 300 East Broad Street, Suite 190; Columbus, Ohio 43215
DATE OF TEXT: October 29, 2010
APPLICATION NUMBER: Z07-055
INTRODUCTION:
The subject property consists of two (2) parcels and a portion of Grace Street right-of-way totaling 0.836 +/- acres located at 85 North Wilson Road and is adjacent to the Consumer Square West shopping center ("Site"). The Site is currently occupied by a Clark gas station and is zoned C-3, Community Scale Commercial Development, and L-C-4, Regional Scale Commercial District. Applicant proposes to rezone the Site to CPD, Commercial Planned District, for the purpose of constructing a fuel station.
1. PERMITTED USES:
A. Chapter 3356 (C-4), Regional Scale Commercial District
1. Unless otherwise indicated herein, the permitted uses in, on or upon the Site shall be those allowed in Chapter 3356 (C-4), of the Columbus City Code.
B. Chapter 3357 (C-5), Highway Oriented Commercial Development
1. Unless otherwise indicated herein, the permitted uses in, on or upon the Site shall include an automobile service station as permitted by Chapter 3357 of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Unless otherwise stated herein, the applicable development standards shall be as specified in Chapter 3356 and, to the extent such standards relate to filling stations, those specified in Chapter 3357.
A. Density, Lot, and/or Setback Commitments
1. Building Setbacks: The minimum building setback from Wilson Road shall be as shown on the attached Site Plan.
2. Parking Setbacks: The minimum parking, loading and maneuvering setback shall be as shown on the attached Site Plan.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments
1. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Planning and Operations Division.
2. Curb cuts shall be approved by the City of Columbus Planning and Operations Division. Access to and from the Site is proposed to be provided from two access points located along Wilson Road.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. All landscaping as shown on the attached Site Plan shall be maintained in a healthy condition, and dead material shall be replaced with new landscaping within six (6) months or the next planting season, whichever comes first.
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.
E. Lighting, Outdoor Display Areas, and/or Other Environmental commitments - N/A
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 those uses designated as C-4, 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 general conformance with the attached Site Plan. The 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 Site Plan is subject to review and approval by the Director of the Department of Building and Zoning Services or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Variance(s) to Section(s):
A. 3357.04 Service Station Site Standards
The applicant seeks a variance to the above-referenced section to permit the canopy of the fuel station to be developed as shown on the attached Site Plan.
H. CPD Criteria
1. Natural Environment
The Site is located adjacent to the Consumer Square West shopping center.
2. Existing Land Use
Commercial uses are located to the north, east, and west of the Site. The property to the south is zoned for apartment/residential use.
The property is currently zoned C-3, Community Scale Commercial Development, and L-C-4, Regional Scale Commercial District. The rezoning permits commercial use of the Site pursuant to existing C-4 standards as well as a limited C-5 use for an automobile service station and ancillary parking.
3. Transportation and Circulation
There will be direct vehicular access to the Site from Wilson Road.
4. Visual Form of the Environment
As described in this text, the Site will be developed to complement the existing area.
5. View and Visibility
The Site is clearly visible from Wilson Road and the Consumer Square West Shopping Center.
Consideration has been given to visibility and safety issues. This text and the attached site plan are a direct result of the same. Well-defined access will be provided to the Site.
6. Proposed Development
The proposed development is compatible and complementary to existing surrounding commercial uses. Significant commercial development has already occurred adjacent to the Site and the proposed development is complementary to such development.
7. Behavior Patterns
As indicated and set forth on the site plan, access to the Site will be facilitated from Wilson Road. The proposed development is not expected to significantly alter existing traffic behavior patterns.
8. Emissions
No adverse emissions are expected from this 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.