Explanation
Rezoning Application: Z19-069
APPLICANT: Oak Grocery II, LLC; c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on December 12, 2019.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is comprised of two parcels consisting of a mixed-use development and a two-unit dwelling in the ARLD, Apartment Residential District, previously permitted by a Council variance (Ordinance #1147-2018; CV17-083). The applicant proposes the CPD, Commercial Planned Development District for the mixed-use development in Subarea A, and the R-2F, Residential District for the two-unit dwelling in Subarea B to establish proper zoning on the site as conditioned by CV17-083. The CPD text for Subarea A proposes C-3, Commercial District uses, and includes supplemental development standards addressing building height, setbacks, site access, parking, landscaping and screening, building design, lighting, and graphics provisions. Modifications to reduce parking lot landscaping, parking setback, loading space, vision clearance requirements, and to reduce the number of required parking spaces from 157 spaces to 24 spaces are included in the CPD text. While the Near East Area Plan (2005) does not include a specific land use recommendation for this location, it recommends that housing types and density be consistent with those found in the surrounding area, and that parking be balanced with the goal of preserving the character of the neighborhood and creating a pedestrian-friendly environment. The requested CPD, Commercial Planned Development and R-2F, Residential districts secure proper zoning districts for the existing mixed-use development and two-unit dwelling, are consistent with criteria within the Near East Area Plan, present no significant changes from the previously approved development, and result in the zoning map reflecting the proposed land uses. A concurrent Council variance (Ordinance #3237-2021; CV19-090) has been filed to allow ground floor residential uses within the mixed-use development in Subarea A, and reduced development standards for the two-unit dwelling in Subarea B.
Title
To rezone 1117 OAK ST. (43205), being 0.65± acres located at the northeast and northwest corners of Elliot Street and Oak Street, From: ARLD, Apartment Residential District, To: CPD, Commercial Planned Development District and R-2F, Residential District (Rezoning #Z19-069).
Body
WHEREAS, application #Z19-069 is on file with the Department of Building and Zoning Services requesting rezoning of 0.65 ± acres from ARLD, Apartment Residential District, to CPD, Commercial Planned Development District and R-2F, Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Near East 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 and R-2F, Residential districts bring the mixed-use development and two-unit dwelling on site into zoning conformance as conditioned by Ordinance #1147-2018; CV17-083, and presents no significant changes from the previously approved development which is consistent with recommendations of the Near East Area Plan; 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:
1117 OAK ST. (43205), being 0.65± acres located at the northeast and northwest corners of Elliot Street and Oak Street, and being more particularly described as follows:
SUBAREA A
0.59+/- Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Township 5, Range 22, Refugee Lands and being 0.59+/- acres, said 0.59+/- acres being all of Lots 215 through 219, inclusive, of the Hoffman & McGrew’s Second Addition of record in Plat Book 2, Page 200, said 0.59+/- acres also being Parcel II, Parcel III, Parcel IV, Parcel V and Parcel VI as described in the deed to S&S Meat Purveyors, Inc. of record in Official Record 22198, Page I13 and Parcel VII as described in the deed to Oak Grocery, LLC of record in Instrument No. 200604210075201, more particularly described as follows;
Beginning at the northwesterly corner of said Lot 219, said corner also being the northwesterly corner of said Parcel VII and the intersection of the easterly right-of-way line of Ohio Avenue (60’) and the southerly right-of-way line of Oak Street (50’);
Thence S 86° 44’ 05” E, with the northerly lines of said Lots 219, 218, 217, 216 and 215, with the northerly lines of said Parcel VII, Parcel V, Parcel IV, Parcel III and Parcel II and with the southerly right-of-way line of Oak Street (50’), 186.65 feet +/- to the northeasterly corner of said Lot 215 and Parcel II, said corner also being the northwesterly corner of Lot 214 of said subdivision;
Thence S 03° 45’ 07” W, with the easterly line of said Lot 215 and Parcel II and with the westerly line of said Lot 214, 137.00 feet +/- to the southeasterly corner of said Lot 215 and Parcel II, the southwesterly corner of said Lot 214 and in the northerly line of a 16’ Alley as dedicated upon said record plat;
Thence N 86° 44’ 05” W, with the southerly lines of said Lots 215 through 219, inclusive, with the southerly lines of said Parcel II, Parcel III, Parcel IV and Parcel VI and with the northerly line of said 16’ Alley, 186.65 feet +/- to the southwesterly corner of said Lot 219 and said Parcel VI, said corner also being the intersection of the northerly right-of-way line of said 16’ Alley and the easterly right-of-way line of said Ohio Avenue (60’);
Thence N 03° 45’ 07” E, with the westerly line of said Lot 219, the westerly line of said Parcel VI, the westerly line of said Parcel VII and the easterly right-of-way line of said Ohio Avenue (60’), 137.00 feet +/- to the True Point of Beginning and containing 0.59+/- acre more or less.
The above description was prepared by Advanced Civil Design Inc. on 12/21/2017 and is based on existing County Auditor records, County Recorder records and Franklin County GIS.
All references used in this description can be found at the Recorder’s Office Franklin County Ohio.
This description is not to be used in the transfer of land.
To Rezone From: ARLD, Apartment Residential District
To: CPD, Commercial Planned Development District
SUBAREA B
0.06+/- Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Township 5, Range 22, Refugee Lands and being 0.06+/- acres, said 0.06+/- acres being part of Lots 190 and 191, of the Hoffman & McGrew’s Second Addition of record in Plat Book 2, Page 200, said 0.06+/- acres also being all of Parcel I as described in the deed to S&S Meat Purveyors, Inc. of record in Official Record 22198, Page I13 and more particularly described as follows;
Beginning at the northwesterly corner of said Lot 190, said corner also being the northwesterly corner of said Parcel I and the intersection of the easterly right-of-way line of Ohio Avenue (60’) and the northerly right-of-way line of a 16’ Alley as dedicated upon said record plat;
Thence S 86° 44’ 05” E, with the northerly line of said Lots 190, partially with the northerly line of said Lot 191, with the northerly line of said Parcel I and with the southerly right-of-way line of said 16’ Alley, 56.00 feet +/- to the northeasterly corner of said Parcel I;
Thence S 03° 45’ 07” W, with the easterly line of said Parcel I and across said Lot 191, 45.00 feet +/- to the southeasterly corner of said Parcel I;
Thence N 86° 44’ 05” W, with the southerly line of said Parcel I and across said Lots 191 and 190, 56.00 feet +/- to the southwesterly corner of said Parcel I, said corner also being in the easterly right-of-way line of said Ohio Avenue (60’);
Thence N 03° 45’ 07” E, with the westerly line of said Parcel I and the easterly right-of-way line of said Ohio Avenue (60’), 45.00 feet +/- to the True Point of Beginning and containing 0.06+/- acre more or less.
The above description was prepared by Advanced Civil Design Inc. on 12/21/2017 and is based on existing County Auditor records, County Recorder records and Franklin County GIS.
All references used in this description can be found at the Recorder’s Office Franklin County Ohio.
This description is not to be used in the transfer of land.
To Rezone From: ARLD, Apartment Residential District
To: R-2F, Residential District
SECTION 2. That a Height District of sixty (60) feet is hereby established on the CPD, Commercial Planned Development District, and a Height District of thirty-five (35) feet is hereby established on the R-2F, Residential 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 change 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, “FINAL SITE COMPLIANCE PLAN FOR THE GEMMA,” dated November 12, 2021, and said text titled “CPD COMMERCIAL PLANNED DEVELOPMENT TEXT,” dated November 15, 2021, both signed by David Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and the text reading as follows:
CPD COMMERCIAL PLANNED
DEVELOPMENT TEXT
PROPERTY ADDRESS: 1117 Oak Street, Columbus, OH 43205
AREA: 0.65 +/- acres
EXISTING ZONING: ARLD, Apartment Residential Low Density and CV17-083
PROPOSED ZONING: CPD, Commercial Planned Development and R-2F, Residential District
APPLICANT: Oak Grocery, LLC c/o Dave Perry, David Perry Company., Inc., 411 E. Town Street, FL 1, Columbus, OH 43215 and Donald Plank, Plank Law Firm, 411 E. Town Street, FL 2, Columbus, OH 43215
OWNER: Oak Grocery, LLC c/o Dave Perry, David Perry Company., Inc., 411 E. Town Street, FL 1, Columbus, OH 43215 and Donald Plank, Plank Law Firm, 411 E. Town Street, FL 2, Columbus, OH 43215
DATE OF TEXT: November 15, 2021
APPLICATION NUMBER: Z19-069
Introduction: The site is 0.65 +/- acres located at the southeast corner of Oak Street and S. Ohio Avenue and also south of Elliott Alley, south of Oak Street. The site is zoned ARLD, Apartment Residential Low Density and is the subject site of Ordinance 1147-2018, passed May 7, 2018 (CV17-083). Ordinance 1147-2018 established two subareas, as follows: Subarea A (0.59 +/- ac) for development of commercial and residential uses, and Subarea B (0.06 +/- ac) for development of a two-family dwelling. This rezoning application is submitted to establish appropriate zoning districts for Subarea A (CPD) and Subarea B (R-2F). The following text is the CPD text. Companion Council Variance application CV19-090 has also been submitted to conform the development to the CPD and R-2F districts. The site plan titled “The Gemma”, dated 09/18/18 and signed 11/12/2021, hereafter “Site Plan”, is submitted with this application as the CPD site plan for Subarea A.
1. Permitted Uses: The permitted uses shall be all uses of Section 3355.03, C-3 Permitted Uses.
2. Development Standards: Unless otherwise indicated on the Site Plan or in this written text, the applicable development standards shall be those standards contained in Chapter 3355, C-3, Commercial District, of the Columbus City Code.
A. Density, Height, Lot and/or Setback Requirements:
1. Height District shall be H-60, subject to a maximum height of 40 feet.
2. The minimum building setback lines shall be two (2) feet and zero (0) feet for Oak Street and S. Ohio Avenue, respectively.
3. The minimum parking setback along Oak Street shall be five (5) feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
1. Vehicular access shall be from a full-turning movement curbcut on Oak Street and the use of Elliott Alley.
2. Required off-street parking shall be 24 spaces for the following uses in the new three (3) story building: 22 dwelling units, 4,733 +/- square feet of retail uses, 2,200 +/ square feet of restaurant use and the change of use of the existing 5,624 +/- square foot building to restaurant use and a 980 square foot roof top patio.
3. There shall be no required loading space.
4. Clear vision triangles shall be reduced as follows: a) Oak Street curbcut: 5’x5’ and b) Elliott Alley and S. Ohio Avenue: 5’x5’.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. A total of seven (7) street trees shall be provided with four (4) on the Oak Street frontage and three (3) on the S. Ohio Avenue frontage, subject to City of Columbus permission to plant in the right of way.
2. Interior parking lot island dimensions and east property line landscaping setback shall be reduced as noted in Section H.1.
D. Building design and/or Interior-Exterior treatment commitments.
Building architecture shall be four (4) sided, meaning the building(s) shall have the same level and quality of finish on all sides.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
The maximum height of parking lot lighting shall be 18 feet.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the C-3, Commercial District. Any ground sign shall be monument-style. Any variance to applicable sign requirements shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements.
1. Natural Environment: The site is located at the southeast corner of Oak Street and S. Ohio Avenue.
2. Existing Land Use: The site is under development with commercial and residential uses permitted by Ordinance 1147-18, passed May 7, 2018 (CV17-083).
3. Circulation: The site shall have full-turning movement curbcuts on Oak Street and Elliott Alley.
4. Visual Form of the Environment: The commercial and residential uses under construction at the site are appropriate for the urban mixed-use environment of the area.
5. Visibility: The site is visible from Oak Street, S Ohio Avenue and Elliott Alley.
6. Proposed Development: Commercial and residential development as permitted by Ordinance 1147-18, passed May 7, 2018 (CV17-083) and this text and as depicted on the referenced Site Plan.
7. Behavior Patterns: Vehicular access will be from Oak Street and Elliott Alley and on-site circulation shall be as depicted on the Site Plan.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text. There will be no objectionable emissions.
H. Modification of Code Standards.
1. Section 3312.21(A)(2),(D)(1), Landscaping and Screening, to reduce the minimum soil area and radius for one (1) parking lot tree (west side of Oak Street driveway) from 4’ and 145 SF to 2.7 feet and 98 square feet, to reduce a landscaping island (east side of Oak Street driveway) with two (2) interior parking lot trees from 290 square feet to 175 square feet, and to reduce the east parking setback in Subarea A from four (4) feet to 1.4 feet.
2. Section 3312.27(3), Parking Setback Line, to reduce part of the Oak Street parking setback (west side of Oak Street driveway) from ten (10) feet to 5.6 feet.
3. Section 3312.49, Minimum Numbers of Parking Spaces Required, to reduce required parking from 157 spaces to 24 spaces for 22 dwelling units, 6,933 square feet of commercial use, consisting of maximum restaurant area of 4,733 square feet, retail use 2,200 square feet, or any combination of uses requiring less calculated parking, such as office and/or more retail use with less restaurant area, and the change of use of a 5,624 SF building for restaurant use with a 980 SF seasonal patio.
4. Section 3312.53(B), Minimum Number of Loading Spaces Required, to reduce loading spaces from one (1) to zero (0).
5. Section 3321.05(A)(B), Vision Clearance, to reduce the clear vision triangles at the Oak Street curbcut and the intersection of Elliott Alley and S. Ohio Avenue from 10’x10’ to 5’x5’.
I. Miscellaneous.
1. The developer shall comply with applicable monetary payment requirements of Chapter 3318, Parkland Dedication, Columbus City Code.
2. Development of the site shall be in accordance with the Site Plan titled “The Gemma”, dated 09/18/18 and signed 11/12/2021 by David B. Perry, Agent for Applicant, and Donald Plank, Attorney for Applicant, The Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the Plan shall be reviewed and may be approved by the Director of the Building and Zoning Services Department or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.