Explanation
REZONING APPLICATION: Z03-084
APPLICANT: Kingsley Management, LLC; c/o Donald Plank, Atty.; Shuler, Plank & Brahm; 145 East Rich Street, Columbus, Ohio (43215).
PROPOSED USE: Single-bay automatic car wash or C-4, Commercial uses, as permitted.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on December 18, 2004.
WESTLAND AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting the CPD, Commercial Planned Development District to develop an automatic car wash. Deviation from the Westland Area Plan (1994) is warranted because the site is already developed with commercial uses and zoned in the C-4, Commercial District. The CPD text restricts use of the leased site to a single-bay automatic car wash or C-4, Commercial uses, and includes development standards that address site access, landscaping, building materials, lighting and graphics restrictions, and a variance to eliminate a dedicated bypass lane.
Title
To rezone 45 NORTH GALLOWAY ROAD (43228), being 0.58± acres located on the east side of Galloway Road, 300± feet north of East Broad Street, From: C-4, Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency. (Z03-084)
Body
WHEREAS, application #Z03-084 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.58± acres, from C-4, Commercial 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to proceed with permit submittal for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval because the applicant is requesting the CPD, Commercial Planned Development District to develop an automatic car wash and deviation from the Westland Area Plan (1994) is warranted because the site is already developed with commercial uses and zoned in the C-4, Commercial District. The CPD text restricts use of the leased site to a single-bay automatic car wash or C-4, Commercial uses, and includes development standards that address site access, landscaping, building materials, lighting and graphics restrictions, and a variance to eliminate a dedicated bypass lane; 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:
45 NORTH GALLOWAY ROAD(43228), being 0.58± acres located on the east side of Galloway Road, 300± feet north of East Broad Street, and being more particularly described as follows:
DESCRIPTION OF A LEASE TRACT WEST OF GALLOWAY ROAD, NORTH OF W. BROAD STREET, CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Virginia Military Survey No. 1571 and being a portion of a 4.848 acre tract of land conveyed to the Kroger Co., by deed of record in Instrument 200103070046394, all records referenced to the Recorder's Office, Franklin County, Ohio, said lease tract bounded and described as follows:
Beginning, for reference, at a point in the westerly right-of-way line of Galloway Road (120 feet in width), at the northeast corner of said 4.848 acre tract and at the southeast corner of Reserve "A", said Galloway Road and said Reserve "A" are shown upon the plat of Galloway Ridge Section 1, Part 1, of record in Plat Book 86, Pages 90 and 91;
thence S 87º 05' 50" W along a portion of the north line of said 8.848 acre tract and along a portion of a south line of said Reserve "A" a distance of 127.61 feet to a point;
thence, S 02º 54' 10" E crossing a portion of said 4.848 acre tract and perpendicular to the north line of said 4.848 acre tract and perpendicular to a south line of said Reserve "A" a distance of 76.00 feet to a point at the true place of beginning of the lease tract herein intended to be described;
thence S 02º 54' 10" E crossing a portion of said 8.848 acre tract and perpendicular to the north line of said 8.848 acre tract and perpendicular to a south line of said Reserve "A" a distance of 148.00 feet to a point;
thence S 87º 05' 50" W crossing a portion of said 8.848 acre tract and parallel with the north line of said 4.848 acre tract and parallel with a south line of said Reserve "A" a distance of 170.00 feet to a point;
thence N 02º 54' 10" W crossing a portion of said 8.848 acre tract and perpendicular to the north line of said 4.848 acre tract and perpendicular to a south line of said Reserve "A" a distance of 148.00 feet to a point;
thence N 87º 05' 50" E crossing a portion of said 4.848 acre tract and parallel with the north line of said 4.848 acre tract and parallel with a south line of said Reserve "A" a distance of 170.00 feet to the true place of beginning;
containing 25,160 square feet (=0.578 acre) of land more or less and being subject to all easements and restrictions of record.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Byrd & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from best available Court House records in September, 2003. Basis for bearings is the centerline of Galloway Road, being N 21º 05' 34" E, as shown of record in Plat Book 86, Pages 90 and 91, 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 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 "45 NORTH GALLOWAY ROAD AUTOMATIC CAR WASH," and text titled, "DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 0.58 ACRES," both signed by Donald Plank, Attorney for the Applicant, both dated January 20, 2004, and the text reading as follows:
DEVELOPMENT TEXT, CPD, COMMERCIAL PLANNED DEVELOPMENT, 0.58 ± ACRES
EXISTING DISTRICT: C-4, Commercial District
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 45 North Galloway Road, Columbus, OH
OWNER: Kroger Co. c/o Donald Plank, Esq., Shuler Plank & Brahm, 145 East Rich Street, Columbus, OH 43215
APPLICANT: Kingsley Management LLC c/o Donald Plank, Esq.; Shuler Plank & Brahm; 145 East Rich Street, Columbus, OH 43215
DATE OF TEXT: January 20, 2004
APPLICATION NUMBER: Z03-084
INTRODUCTION:
The northwest quadrant of West Broad Street and North Galloway Road is zoned both C-4, Commercial and CPD, Commercial Planned Development. The C-4 area (9.89 +/- acres) is developed with a retail grocery store and a 419 space parking lot. The CPD area (1.04 +/- acres) is developed with a retail motor vehicle fuel station. Applicant proposes to develop a single-bay automatic car wash on 0.58 +/- acres of the C-4 area that is not developed as part of the parking lot. Existing on-site parking for the retail grocery store exceeds code required parking and no parking is being removed with the car wash development. The car wash is proposed to be located on the north side of the right-in/right out curb cut on Galloway road. The fuel center is located on the south side of the same curb cut. Retail fuel and other retail uses are located on the east side of Galloway Road. The car wash area is a ground lease area and no property lines are proposed to establish the car wash site as a separate parcel. The Westland Area Plan supports commercial uses at this site. The car wash provides additional commercial services to the area residents and patrons of the shopping center. The plan titled "45 North Galloway Road Automatic Car Wash"dated December 1, 2003 and signed January 20, 2003 by Donald Plank, Attorney for the Applicant, hereinafter referred to as the "Plan", is submitted as the general car wash area development plan, subject to adjustment with final engineering.
1. PERMITTED USES: The following uses shall be permitted:
a) All uses of Section 3356.03, C-4 Permitted Uses, as presently permitted.
b) A single bay automatic car wash.
2. DEVELOPMENT STANDARDS: Except as specified herein and as depicted on the plan titled "45 North Galloway Road Automatic Car Wash" dated December 1, 2003 and signed January 20, 2003 by Donald Plank, Attorney for the Applicant, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. The car wash area is located within an existing parking lot. No portion of the car wash site abuts a street. Building and pavement setback lines shall be as depicted on the Plan, as applicable to the car wash area only.
2. An H-35 Height District shall be established.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
The car wash area does not abut any public street. All access to the car wash area and internal circulation within the commercial site that the car wash is part of is existing. Vehicular access points and vehicular circulation patterns shall generally be as depicted on the Plan, as applicable to the car wash area, subject to adjustment with final engineering and approval by the City of Columbus Division of Transportation.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. Landscaping shall be provided in areas as indicated on the Plan, within the car wash area.
2. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
D. Building Design and/or Interior-Exterior Treatment Commitments.
The car wash building shall be a single bay automatic car wash. The primary exterior building material of the car wash shall be brick or brick veneer selected to match the existing brick finish on the retail store building and the fuel station columns and kiosk located on parcels 570-106005 and 570-256856.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures, provided the fixtures are screened with landscaping to prevent glare. Building mounted area lighting fixtures shall also be fully shielded 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. All parking lot light poles shall substantially match the existing light poles in the shopping center. Parking lot light poles shall not exceed the height of the existing light poles in the shopping center. Applicant will document on the Certificate of Zoning Clearance for the car wash the height of the existing shopping center light poles and the height of any proposed light poles for the car wash, if any, to document the height of the existing poles and to demonstrate that any new pole does not exceed the height of any existing light pole.
4. Building mounted area lighting shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
6. There shall be no outside merchandise display. This provision shall not preclude wall mounted or freestanding vending machines for automobile and car wash related items. In addition to the provision of car wash services, only automobile/car wash related items may be sold at the site.
F. Graphics and Signage Commitments
All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-5, Commercial District, if developed with a car wash or the C-4, Commercial District if developed with a C-4, Commercial District use. Any variance to the applicable requirements of the C-5 or C-4 district, as applicable, 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 car wash area is presently undeveloped, but the site is part of a large retail grocery store and retail fuel development.
3. Circulation: There is no direct vehicular access to North Galloway Road. Vehicular access to and from North Galloway Road to the site will be from existing shopping center/fuel center curb cuts.
4. Visual Form of the Environment: The area surrounding the car wash site is developed with surface parking, a detention basin, a retail grocery store and a retail fuel center.
5. Visibility: The car wash will be visible from Galloway Road and internally from on-site.
6. Proposed Development: A single bay car wash.
7. Behavior Patterns: The site is located within a large existing accessory parking lot. Vehicular access will be via curb cuts from North Galloway Road and West Broad Street.
8. Emissions: The car wash 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: There shall be no required exclusive bypass lane within the car wash area.
H. Miscellaneous
1. The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application, including any and all specific site development standards contained in this ordinance and as depicted on the Plan, as applicable to the car wash area, other than as may be under the jurisdiction of the Columbus Graphics Commission.
2. The plan titled "45 North Galloway Road Automatic Car Wash"dated December 1, 2003 and signed January 20, 2004 by Donald Plank, Attorney for applicant, is submitted as the car wash area development plan. The car wash development may be slightly adjusted to reflect engineering, topographical, or other site data, developed at the time development or engineering plans are completed. Any slight adjustments to the plan shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment. The plan depicts the car wash development as part of the existing retail and motor vehicle fuel sales use to show the car wash in the context of the overall commercial area. However, neither this development text nor any portion of the Plan is
applicable to any portion of the property depicted other than the car wash area (0.58± Acres) nor shall any portion of the Plan be interpreted as establishing any commitment relative to area(s) outside of the 0.58 Acre car wash area, as further described in the legal description. There is no required development plan of any kind if the car wash area is developed with a C-4, Commercial use, as permitted.
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.