Explanation
Rezoning Application: Z02-112
APPLICANT: Kroger Company; c/o Donald Plank, Esq.; Shuler, Plank, and Brahm; 145 East Rich Street, Columbus, Ohio 43215.
PROPOSED USE: Automobile fuel sales with car wash.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 13, 2003
CITY DEPARTMENTS' RECOMMENDATION: Approval. This application will permit the redevelopment of an abandoned service station on a 1.2-acre out lot within the Great Southern Shopping Center. City records indicate the existing structure was constructed as a legal use in 1955, before the 1972 establishment of the C-5, Commercial District. The application includes a site plan illustrating the layout of the proposed development and includes a reduced building setback line from South High Street. The applicant also filed a Council Variance (CV02-071) to establish the use, citing a timing hardship. The Council Variance requires this follow-up rezoning application.
Title
To rezone 3633 SOUTH HIGH STREET (43207), being 1.2± acres located on the west side of South High Street, 550± feet south of Highview Blvd, in the Great Southern Shopping Center, From: C-4, Commercial District, To: CPD, Commercial Planned Development District.
Body
WHEREAS, application #Z02-112 is on file with the Building Services Division of the Department of Development requesting rezoning of 1.2± acres from C-4, Commercial District to CPD, Commercial Planned Development District;
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because this application will permit the redevelopment of an abandoned service station on a 1.2-acre out lot within the Great Southern Shopping Center. City records indicate the existing structure was constructed as a legal use in 1955, before the 1972 establishment of the C-5, Commercial District. The application includes a site plan illustrating the layout of the proposed development and includes a reduced building setback line from South High Street. The applicant also filed a Council Variance (CV02-071) to establish the use, citing a timing hardship. The Council Variance requires this follow-up rezoning application, 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:
DESCRIPTION OF 1.195 ACRE TRACT AT
3633 S. HIGH STREET
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 16, Township 4 North, Range 22 West, Congress Lands, and being all of a 1.195 acre tract of land conveyed to PDV MIDWEST REFINING, L.L.C. by deed of record in Official Record 35078, Page A 16, all references to Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point in the original centerline of South High Street-U.S. Route 23, at the southeast corner of said 1.195 acre tract and at a northeast corner of a 10.833 acre tract of land conveyed to Great Southern Owner, LLC by deed of record in Instrument 200207080167499, said point being N 17° 19' 30" E a distance of 1,790.64 feet from the intersection of the original centerline of South High Street and the centerline of Obetz Road;
thence N 72° 40' 30" W along a north line of said 10.833 acre tract and along a south line of said 1.195 acre tract a distance of 99.00 feet to a mag nail found in the west right-of-way line of South High Street;
thence N 72° 13' 00" W along a north line of said 10.833 acre tract and along a south line of said 1.195 acre tract a distance of 120.35 feet to a mag nail set at a point of curvature of said 10.833 acre tract and said 1.195 acre tract;
thence northwesterly along a line between said 10.833 acre tract and said 1.195 acre tract and with a curve to the right, data of which is: radius = 30.00 feet and delta = 90º 00' 00", a chord distance of 42.43 feet bearing N 27º 13' 00" W to a mag nail set at a point of tangency;
thence N 17° 47' 00" E along an east line of said 10.833 acre tract and along the west line of said 1.195 acre tract a distance of 180.00 feet to a mag nail set at a corner of said 10.833 acre tract and at the northwest corner of said 1.195 acre tract;
thence S 72° 13' 00" E along a south line of said 10.833 acre tract and along the north line of said 1.195 acre tract a distance of 249.00 feet to a point in the the original centerline of South High Street (passing a mag nail set in the west right-of-way line of South High Street at 150.00 feet);
thence S 17° 47' 00" W along the original centerline of South High Street and along an east line of said 1.195 acre tract a distance of 165.64 feet to an angle point;
thence S 17° 19' 30" W along the original centerline of South High Street and along an east line of said 1.195 acre tract a distance of 43.57 feet to the place of beginning;
containing 1.195 acre of land more or less and being subject to all easements and restrictions of record.
The above description was prepared by Ted L. Robinson, Ohio Surveyor No. 5361, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from an actual field survey performed under his supervision in March, 2003. Basis of bearings is the original centerline of South High Street, being N 17° 19' 30" E, as shown of record in Official Record 35078, Page A 16, Recorder's Office, Franklin County, Ohio.
To Rezone From: C-4, Commercial District.
To: CPD, Commercial Planned Development District.
Section 2. That a Height District of Thirty-five (35) feet is hereby established on 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 District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said site plans being titled, "FUEL CENTER AND CAR WASH, 3633 SOUTH HIGH STREET, SHEET 1" and "FUEL CENTER AND CAR WASH, 3633 SOUTH HIGH STREET, SHEET 2"signed by Donald T. Plank, Attorney for the Applicant, dated May 15, 2003 and said text being titled, "DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 1.2 ACRES," signed by Donald T. Plank, Attorney for the Applicant, dated May 15, 2003 , and reading as follows:
DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 1.20± Acres
EXISTING DISTRICT: C-4, COMMERCIAL DISTRICT
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
PROPERTY ADDRESS: 3633 SOUTH HIGH STREET, COLUMBUS, OH 43207
OWNER: PDV MIDWEST REFINING LLC, C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
APPLICANT: KROGER CO. C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
DATE OF TEXT: MAY 15, 2003
APPLICATION NUMBER: Z02-112
1. INTRODUCTION:
The subject site is 1.195+ acres located on the west side of South High Street, 500+ feet south of the intersection of Highview Boulevard and South High Street, between Highview Boulevard and Interstate 270 The site is an existing outlot in the Great Southern Shopping Center and was developed with a gasoline sales use in the C-4, Commercial District prior to the enactment of the C-5 legislation in 1972. Applicant proposes to rezone the site to the CPD district for redevelopment of the site for the sale of gasoline and a single bay car wash. There are large areas of commercial zoning in all directions from the site and the site fronts on a major arterial road. Existing South High Street right of way exceeds the designated right of way under the Columbus Thoroughfare Plan.
A plan titled "Fuel Center and Car Wash, 3633 South High Street" dated 05/15/2003, consisting of Sheets 1of 2 and Sheet 2 of 2, hereinafter referred to as The Plan, is hereby incorporated by reference and made a part of this rezoning for development of the site for motor vehicle fuel sales and a single bay automatic car wash.
2. PERMITTED USES: The following uses shall be permitted:
a) All uses of Section 3356.03, C-4 Permitted Uses, except the following:
Adult Bood Store, Adult Motion Picture Theater, Adults Only Entertainment, Massage parlor, Off-Premise Graphics, other than as permitted by the Graphics Commission
b) Retail sale of motor vehicle fuels
c) Car wash (Single Bay automatic)
3. DEVELOPMENT STANDARDS: Except as specified herein, or as depicted on The Plan, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building/Canopy Setback: Building/Canopy setbacks shall be forty-five (45) feet, as depicted on The Plan.
2. Parking Setback: Parking setback shall be as depicted on The Plan. A minimum parking setback of ten (10) feet shall be maintained along South High Street.
3. The site shall be designated a H-35 Height District.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Vehicular access points shall be as depicted on The Plan, subject to final engineering design of the site and plan approval by the Division of Transportation.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Parking setback areas and landscape islands shall be as depicted on The Plan and shall be maintained in live vegetation with landscaping the same as or comparable to the landscaping depicted on The Plan.
2. Landscaping requirements of this section and as depicted on The Plan, shall be the applicable landscaping requirements for the site and shall supercede any requirements of Chapter 3342.
3. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
4. The minimum size of trees at the time of planting shall be as follows:
Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 feet.
D. Building Design and/or Interior-Exterior Treatment Commitments.
N/A
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All external outdoor lighting, except decorative lighting, shall be cut-off fixtures (down lighting).
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Light poles shall not exceed a maximum of 24 feet in height except any existing parking lot light poles that exceed 24 feet in height shall be permitted to remain.
4. Canopy lighting shall be recessed or shielded
5. Outdoor merchandise display may be located in a five (5) foot perimeter area around the attendant's kiosk, on the pump islands and adjacent to the ends of the pump islands. Display area adjacent to the ends of the pump islands shall not extend more than three (3) feet from the end(s) of the pump islands.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it
applies to the C-5, Commercial District and in accordance with The Plan. There is an existing concrete foundation for a pylon sign that is located less than fifteen (15) feet from the right of way. The existing foundation may be used for the placement of a new sign. Any variance to the applicable requirements of the C-5, Commercial District, other than sign setback, based on placement of a new sign on the existing sign foundation, shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements
1. Natural Environment: The natural environment is flat.
2. Existing Land Use: The property is presently developed with a gas station canopy and pavement.
3. Circulation: There is no direct vehicular access to South High Street. Vehicular access to and from South High Street to the site will be from existing off-site curbcuts and off-site access drives abutting the site to the north and south. The site will also be accessed from the west via an adjacent drive and parking area.
4. Visual Form of the Environment: The area surrounding the site in all directions is commercially zoned and developed. The east side of the site abuts South High Street.
5. Visibility: The site fronts on South High Street.
6. Proposed Development: Commercial development, including a motor vehicle fuel center, attendants kiosk and single bay car wash, as depicted on the plan titled ""Fuel Center and Car Wash, 3633 South High Street" dated 05/15/2003, consisting of Sheet 1 of 2 and Sheet 2 of 2.
7. Behavior Patterns: The site is located on South High Street. Vehicular access will be from existing curbcuts for the shopping center located immediately to the north and south of the site.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: a) The required South High Street building setback line is reduced from 60 feet, based on the 120 foot right of way designation of the Columbus Thoroughfare Plan, to 45 feet, b) Stacking spaces for the car wash are reduced from 8 to 4 and c) Stacking spaces are permitted to not be entirely located on the site due to stacking spaces being partially located across the west property line,
H. Miscellaneous
1. The plan titled "Fuel Center and Car Wash, 3633 South High Street" dated 05/15/2003, consisting of Sheet 1 of 2 and Sheet 2 of 2, represents the intended development of the site for the fuel center and car wash use depicted thereon. However, based on final engineering of the site, applicant may make slight adjustments to the development plan, including a car wash that is smaller than depicted on The Plan. The site plan shall not be interpreted to require a car wash in conjunction with the fuel center, but that a car wash, subject to final engineering, is permitted in conjunction with the fuel center. It is anticipated that the fuel center will be built prior to the car wash.
2. The site may be split to provide separate parcels for the fuel sales and car wash uses. If the site is split, applicable easements shall be provided between the fuel center and car wash areas to insure function of the site as designed and depicted on The Plan.
3. Forum for Variance: The Board of Zoning Adjustment shall hear requests for variances to code and site development standards, including specific standards contained in this ordinance.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.