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File #: 0819-2003    Version: 1
Type: Ordinance Status: Passed
File created: 4/21/2003 In control: Zoning Committee
On agenda: 6/30/2003 Final action: 7/1/2003
Title: To rezone 6151 HALL ROAD (43119), being 9.4± acres located at the southwest corner of Hall Road and Galloway Road, From: R-Rural District, To: CPD, Commercial Planned Development District.
Attachments: 1. ORD0819-2003CPDplan.pdf, 2. ORD0819-2003staffrpt.pdf, 3. ORD0819-2003zonemap.pdf, 4. ORD0819-2003gismap.tif, 5. ORD0819-2003areaplan.pdf, 6. ORD0819-2003Westland.tif, 7. ORD0819-2003DCnotes.tif, 8. ORD0819-2003disclosure.tif, 9. ORD0819-2003labels.tif
Explanation
 
REZONING:  Z01-068
 
APPLICANT:  Slane Company; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
 
PROPOSED USE:  Commercial development and gasoline sales.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-1) on December 12, 2002.
 
WESTLAND AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The requested CPD, Commercial Planned District is consistent with recommendations of the Westland Area Plan (1994) that this site be developed as a village center and includes design elements that are compatible with commercial development located to the east across Galloway Road.
 
 
Title
 
To rezone 6151 HALL ROAD (43119), being 9.4± acres located at the southwest corner of Hall Road and Galloway Road, From:  R-Rural District, To:  CPD, Commercial Planned Development District.
 
 
Body
 
WHEREAS, application #Z01-068 is on file with the Building Services Division of the Department of Development requesting rezoning of 9.4± acres from R-Rural District to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Westland 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 District is consistent with recommendations of the Westland Area Plan (1994) that this site be developed as a village center and includes design elements that are compatible with commercial development located to the east across Galloway Road, 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:
 
6151 Hall Road (43119), being 9.4± acres located on the southwest corner of Hall Road and Galloway Road, and being more particularly described as follows:
 
TRACT "A" OUT OF 57.0445 ACRES FOR LARRY WORTHINGTON
 
SITUATED in the Township of Prairie, County of Franklin, State of Ohio, and in the Virginia Military Survey No. 1473, and being a part of a 50 acre tract conveyed to Elizabeth Wirth and Margaret Worthington by Certificate of Transfer in Deed Book 3412, pg. 685, Franklin County Deed Records.
 
All records referred to are recorded in the Franklin County Recorder's Office.  All iron pins set are 5/8" rebars w/caps.  The basis of bearings for this survey is a north line of the said 50 acre tract, being the line from Franklin County Engineers (F.C.E.) monument "2249" and F.C.E. monument "2250" as being South 86 degrees 25 minutes 55 seconds East, as shown in the warranty deed of 4.7749 acre to the Franklin County Commissioners, recorded in OR 25166 H-04, for the purpose of re-routing Galloway Rd. (County Rd. 141, 40 feet wide).
 
BEGINNING at F.C.E. monument "2249" at the intersection of Hall Rd. (County Rd. 125, 30 feet wide) and old Galloway Rd. south, said monument being the north west corner of the said 50 acre tract and on the north line of V.M.S. 1473 and the south line of V.M.S. 5742.
 
THENCE South 3 degrees 20 minutes 39 seconds West, a distance of 40.00 feet along the centerline of the said old Galloway Rd. and the west line of the said 50 acre tract, to a set mine spike, being the TRUE place of beginning for this tract.
 
THENCE crossing the said 50 acre tract, following the north and west new right of way lines of the said 4.7749 acre tract and as shown on the plans for the re-routing of Galloway Rd., pages 6-9, 11-13, the following nine (9) courses and distances:
 
South 86 degrees 25 minutes 55 seconds East, a distance of 189.38 feet to a iron pin set;
 
South 83 degrees 34 minutes 09 seconds East, a distance of 500.63 feet to a iron pin set;
 
South 12 degrees 00 minutes 57 seconds West, a distance of 252.28 feet to a iron pin set;
 
South 29 degrees 39 minutes 59 seconds West, a distance of 186.23 feet to a iron pin set;
 
South 47 degrees 20 minutes 44 seconds West, a distance of 141.87 feet to a iron pin set;
 
South 58 degrees 24 minutes 46 seconds West, a distance of 248.77 feet a a iron pin set;
 
South 51 degrees 16 minutes 02 seconds West, a distance of 211.99 feet to a iron pin set;
 
North 47 degrees 18 minutes 54 seconds West, a distance of 114.84 feet to a iron pin set;
 
North 86 degrees 39 minutes 21 seconds West, a distance of 20.00 feet to a iron pin set in the centerline of Old Galloway Rd. and the west line of the said 50 acre tract.
 
THENCE North 3 degrees 20 minutes 39 seconds East, along the centerline of Old Galloway Rd. and the west line of the said 50 acre tract, a distance of 757.77 feet to the PLACE OF BEGINNING containing 9.3728 acres, more or less, according to a survey made in March 1994 by Paul K. Moore and Associates.
 
 
To Rezone From:  R-Rural 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, "SITE PLAN, BIG BEAR CENTER, GALLOWAY AND HALL ROAD," and text titled, "COMMERCIAL PLANNED DEVELOPMENT PLAN ," both signed by Jeffrey L. Brown, Attorney for the Applicant and dated May 12, 2003, and the text reading as follows:
 
COMMERCIAL PLANNED DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  CPD
 
PROPERTY ADDRESS:  6151 Hall Road
 
OWNER:  H & G, LLC; c/o The Applicant.
 
APPLICANT:  Slane Company; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
 
DATE OF TEXT:  05/12/03
 
APPLICATION NUMBER:  Z01-068
 
1.  INTRODUCTION:
 
The site was located at the southwest corner of Hall Road and relocated Galloway Road.
 
SUBAREA A      
 
2.  PERMITTED USES:
 
Those uses permitted under Section 3356.03 C-4 commercial of the Columbus City Code plus convenience store with gasoline sales which use may also include a car wash with the following exclusions:
 
a.  Armory
b.  Bar
c.  Beer/Wine drive thru
d.  Billboards                        
e.  Dance hall
f.  Electric substation
g.  Funeral parlor
h.  Hotel
i.  Millinery
j.  Motel
k.  Motor bus terminal
l.  Night club/cabaret
m.  Pool room
n.  Poultry killing (not to exclude a poultry shop where killing is not performed on site)
o.  Tinsmith
p.  Trade School
q.  Stable
 
3.  DEVELOPMENT STANDARDS:
 
Unless otherwise indicated in the written text, the applicable development standards shall be those standards contained in Chapter 3355, C-4, Commercial of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback commitments.
 
1.  Height District shall be 35 feet as measured per Columbus City Code.
 
2.  Parking setback from Hall Road and Galloway Road shall be ten (10) feet.
 
3.  Building setback from Hall Road and Galloway Road shall be fifty (50) feet except for the out parcel along Hall Road and Galloway Road where the building setback shall be twenty-five (25) feet.
 
4.  Building and parking setback shall be thirty (30) feet and ten (10) feet respectively from the west and south property lines.
B.  Access, Loading, Parking and/or other Traffic related commitments.
 
1.  All curb cuts and access points shall be subject to the approval of the City's Transportation Divison.
 
a.  If requested by COTA, the developer shall provide an internal bus stop on the site.
 
b.  The developer shall dedicate forty feet from centerline of Hall Road as additional right-of-way.
 
c.  At the time of development the developer shall widen Hall Road to a three-lane section from Galloway Road to the first curb cut to the site west of Galloway Road.  This improvement shall be performed when access is granted on Hall Road.
 
d.  At the time of development the developer shall widen Galloway Road to a three-lane section from Hall Road to the southern most curb cut on Galloway Road.  If the shopping center is developed in phases or if just an out parcel lot is developed then the developer is required to widen Galloway Road to serve the southern most curb cut of that phase or to serve that out lot.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Within the setback areas along Hall Road and Galloway Road, a white horse fence and a three foot minimum height continuous planting hedge or earth mound, individually or in any combination thereof, shall be installed as well as four trees per one hundred (100) feet of frontage thereof (a white "horse fence" is a 3-rail fence).  The height of the screening material shall be measured from the adjacent parking lot pavement.  Trees do not have to be equally spaced, but may be grouped.  The area fifty (50) feet from the corner of Galloway and Hall Road shall not adhere to this requirement but shall consist of one or more of the following:
 
a.  Water feature not less than 100 sq. ft.
 
b.  Outdoor seating not less than 100 sq. ft.
 
c.  Landscaping not less than 100 sq. ft.
 
2.  Within the setback areas along the south property lines, one tree per thirty (30) linear feet shall be installed.
 
3.  Within the setback area along the west property line, the developer shall install a minimum four feet high earth mound and two rows of alternating evergreens fifteen feet on center.  The mounding and the evergreens shall be split between the developer's property and the churches property zoned to the west provided that the church grants the necessary easement to install said landscaping.  The failure of the church to grant said easement shall eliminate the landscaping and mounding requirement and the developer shall meet the landscape screening requirement contained in Section 3342.17 of the Columbus City Code by installing deciduous trees 40 feet on center and  fencing on the applicant's property along the west property line.       
 
4.  The developer shall install evergreen trees on the rear of the lot(s), which are directly across the street from the main entrance to the shopping center on Galloway Road to provide headlight screening from that driveway.  The evergreen trees shall be spaced every twelve feet to match the width of that curb cut.  Maintenance shall be the responsibility of the property owner.  The property owner(s) shall grant to the developer, a landscape easement to install said evergreens.  The failure to grant said easements shall terminate this screening requirement.      
 
5.  A five-foot wide landscape strip shall be established between the side parcel lines of the out lots along Hall Road and Galloway Road.  The strip may be all on one parcel or split between the parcels.
 
6.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six (6) months with landscape materials per the original requirements.
 
7.  One tree shall be planted within parking areas for every 10 parking spaces.  
 
8.  Minimum tree sizes at installation:  deciduous trees, 2 1/2 inch caliper; ornamental trees 1 1/2 inch caliper; evergreen, five (5) feet in height.
 
D.  Building design and/or Interior-Exterior treatment commitments.
 
1.  Shopping Center:  The front elevation and at least fifty percent of the area of the side elevations shall be finished in brick or jumbo brick.  The rear of the center and the balance of the side elevations shall be finished with decorative split face block, (the color of which is in the same hue as the brick on the front of the center) which shall have three horizontal bands of dark color decorative block beginning at grade and ending at the top of the building.
 
2.  Out parcels:  Any out parcel building shall be finished on all sides with brick or jumbo brick.
 
3.  Any mechanical equipment on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.
 
4.  The building shown on the out parcel is conceptual and is not being committed to as part of the site plan.
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.  All non-decorative lighting shall be down lighting (cut off fixtures).  
 
2.  All external outdoor lighting fixtures within a given area shall be from the same or similar manufacturer's type to insure compatibility.
 
3.  Parking lot lighting standards shall not exceed 20 feet in height except that lighting within 100 feet of residentially zoned or used property shall not exceed a maximum height of 14 feet.
 
4.  In parking lots, lights shall be placed in raised islands or medians to protect both lights and vehicles from damage.
 
5.  Wiring within a development shall be underground.
 
6.  Dumpster shall be screened on four sides to a minimum height of six feet.
 
7.  The developer shall install sidewalks along its frontage on both Hall Road and Galloway Road.
 
8.  Mechanicals on the top of the shopping center shall be screened to the height of the equipment from view along Galloway Road and Hall Road.
 
9.  Outside display areas shall be limited to the sidewalk areas immediately surrounding the buildings and at the ends of service pump islands.  The outdoor display areas shall be limited to four (4) feet in width, three (3) feet in height, and four (4) feet in length, except the side walk area shall have a maximum area of five (5) feet in width, three (3) feet in height and twelve (12) feet in height except for vending machines and ice machines.  The outdoor display areas shall contain only automobile related items such as antifreeze, oil, and washer fluid; vending machines; freestanding refreshments such as soda pop and water; and ice machine.
 
F.  Graphics and Signage commitments.
 
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 Commercial District and any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous commitments:
 
1.  The developer shall comply with the park land dedication ordinance by donating $400/acre to the Recreation and Parks Department.
 
2.  Site Plan Revision:  The Subject Site shall be developed in general conformance with the site plan.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed.  Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
 
H.  Variances Requested.
 
1.  The building setback for the outlot is reduced from 50 feet (Hall Road) and 30 feet (Galloway Road) to 25 feet along both roads.
 
2.  To reduce required parking spaces on the "Big Bear Lot" from 259 spaces to 229 spaces (81 spaces are required on the "Tenant Lot" and 165 are provided).  A total of 340 parking spaces are required and 394 are provided.
 
I.  CPD Criteria.  
 
1.  NATURAL ENVIRONMENT:  The site is an existing farm field.
 
2.  EXISTING LAND USES:  To the north farming; to the east shopping center; to the west church and to the south office.
 
3.  TRANSPORTATION AND CIRCULATION:  Access to the site shall be via Hall Road, Galloway Road and a service road off of Galloway.
 
4.  VISUAL FORM OF THE DEVELOPMENT:  The text addresses architectural requirements.
 
5.  VIEW AND VISIBILITY:  In the development of the subject property and the location of the buildings and access points consideration has been given to the visibility and safety of the motorists and pedestrians.
 
6.  PROPOSED DEVELOPMENT:  Commercial as permitted under this text.
 
7.  EMISSIONS:  No adverse affects from emissions shall result from the proposed development.
 
8.  BEHAVIOR PATTERNS:  The proposed development would serve the growing Columbus residential population.  New shopping patterns will be created with this development.
 
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.