Explanation
Rezoning Application # Z11-013
APPLICANT: Columbus Metropolitan Housing Authority; c/o Michael E. Zatezalo and Jeffrey D. Porter, Attys.; Kegler, Brown, Hill & Ritter Co., L.P.A.; 65 East State Street, Suite 1800; Columbus, OH 43215.
PROPOSED USE: Expansion of accessory parking lot at existing office site.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on May 12, 2011.
SOUTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with the Columbus Metropolitan Housing Authority headquarters building and an accessory parking lot zoned in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District would allow expansion of an existing accessory parking lot north onto two vacant lots zoned in the R-3, Residential District. The CPD text commits to a site layout, contains use restrictions, and carries over appropriate development standards to preserve the existing landscaping and buffering. The request is compatible with the zoning and development patterns in the area.
Title
To rezone 880 EAST ELEVENTH AVENUE (43211), being 2.59± acres located at the northwest corner of East Eleventh and Wright Avenues and on the east side of Wright Avenue, 140± feet north of East Eleventh Avenue, From: CPD, Commercial Planned Development, and R-3, Residential Districts, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z11-013).
Body
WHEREAS, application #Z11-013 is on file with the Department of Building and Zoning Services requesting rezoning of 2.59± acres from CPD, Commercial Planned Development, and R-3, Residential Districts, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the South Linden 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 would allow expansion of an existing accessory parking lot north onto two vacant lots zoned in the R-3, Residential District. The CPD text commits to a site layout, contains use restrictions, and carries over appropriate development standards to preserve the existing landscaping and buffering. The request is compatible with the zoning and development patterns in the area, therefore:
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:
880 EAST ELEVENTH AVENUE (43211), being 2.59± acres located at the northwest corner of East Eleventh and Wright Avenues and on the east side of Wright Avenue, 140± feet north of East Eleventh Avenue, and being more particularly described as follows:
Tract 1
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots 15 through 22 inclusive, Lots 83 through 94, inclusive and part of the vacated alleys of Abram Dow's Heir's Addition as is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 454, Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at a drill hole found at the intersection of the north line of East Eleventh Avenue, 60 feet wide, and the east line of Jefferson Avenue, 50 feet wide (formerly known as Eleventh Street), also being the southwest corner of said Lot 15;
Thence, along the east line of Jefferson Avenue, and the west lines of said Lot 15, a vacated 15 foot alley and said Lots 90 through 94 inclusive, and along part of the west line of said Lot 89, North, 344.90 feet to a point in the centerline of a vacated 15 foot alley (Vacated by Ordinance #528-67), passing a set iron pipe on line at 327.40 feet);
Thence, along the centerline of said vacated 15 foot alley, South 89 degrees 58 minutes 54 seconds East, 250.50 feet to a point in the west line of Wright Avenue, 50 feet wide (formerly known as Twelfth Street);
Thence, along part of the east line of said vacated 15 foot alley, the east lines of Lots 83 through 88 inclusive, a vacated 15 foot alley, and said Lot 22 and along the west line of Wright Avenue, South, 344.82 feet to a found drill hole at the southeast corner of said Lot 22, also being the intersection of the west line of Wright Avenue and the north line of East Eleventh Avenue passing a set iron pipe at 17.5 feet;
Thence, along the south line of Lots 15 through 22 inclusive and the north line of East Eleventh Avenue, West, 250.50 feet to the Point of Beginning, containing 1.983 acres, subject however to all legal easements, restrictions, leases, agreements and rights-of-way of record and of records in the respective utility offices.
Iron pins set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. #6579". Basis of bearings is assumed to be West on East Eleventh Avenue. This description is based on a field survey by Myers Surveying Company, Inc. in June 1998.
Tract 2
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lot Numbers Seventy-Nine (79), Eighty (80), Eighty-One (81), and Eighty-Two (82) of Abram Dow's Heirs Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 454, Recorder's Office, Franklin County, Ohio and containing 0.404 acres.
Tract 3
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lot Numbers Seventy-Seven (77) and Seventy-Eight (78) of the Abram Dow's Heirs' Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 454, all records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Point of Reference at an iron pipe found at the east right of way of North Wright Avenue of record in Plat Book 5, Page 454 and the southwest corner of Lot 82 of said subdivision;
Thence, North 3º07'03" East, along the east right of way of North Wright Avenue, a distance of
103.88 feet to the southwest corner of said Lot 78, point being the True Point of Beginning;
Thence, North 3º07'03" East, along the east right of way line of North Wright Avenue, a distance of
65.44 feet to the northwest corner of said Lot 77;
Thence, South 86º26'55" East, along the north property line of said Lot 77, a distance of 135.00 feet to the northeast corner of said Lot 77;
Thence, South 3º07'03" West, along the east property line of said Lot 77 and Lot 78, a distance of 65.44 feet to the southeast corner of Lot 78;
Thence, North 86º26'55" West, along the south property line of said Lot 78, a distance of 135.00 feet to True Point of Beginning containing 0.203 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices.
The bearings described herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (CORS). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station network.
The described 0.203 acre tract is a part of Auditor's Tax Parcel Number 010-024677 and 010-022132 and is based on Plat Book 5, Page 454.
To Rezone From: R-3, Residential, and CPD, Commercial Planned Development Districts,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of sixty (60) 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 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, "ZONING REVIEW SITE PLAN," signed by Charles A. Wagner, Professional Surveyor, dated May 27, 2011, and text titled, "REZONING APPLICATION CPD TEXT," signed by Jeffrey D. Porter, Attorney for the Applicant, dated April 14, 2011, and reading as follows:
REZONING APPLICATION
CPD TEXT
Current District: Residential (R-3) and Commercial Planned Development (CPD) Districts
Proposed District: Commercial Planned Development District (CPD)
Address: 880 East Eleventh Avenue, Columbus, OH 43211
Applicant/Property Owner: Columbus Metropolitan Housing Authority ("CMHA"); c/o Nasrat Soliman
Attorneys: Jeffrey D. Porter, Esq. and Michael E. Zatezalo, Esq.; Kegler, Brown, Hill & Ritter Co., L.P.A.
Application Number: Z11-013
Date: April 14, 2011
1. INTRODUCTION:
This Application involves the addition of Lots Nos. 77 and 78 of the Abram Dow's Heirs Addition which are currently zoned R-3 to an existing property owned by CMHA which is zoned CPD, pursuant to Case Number Z99-079. Lots Nos. 77 and 78 will be combined with Lots Nos. 79, 80, 81 and 82 (which are currently owned by CMHA and zoned CPD) to provide surface parking for the three (3) story headquarters building for CMHA. The addition of these lots will increase available parking for the headquarters building and will be integrated into the overall CPD site plan.
2. PERMITTED USES:
The permitted uses shall be restricted to commercial uses (including parking) supporting the CMHA's general offices in accordance with the site plan, and in addition, the building will support general office, daycare center, business and retail-oriented uses and other uses permitted in the Columbus City Zoning Code Section C-4, Commercial District, excepting the following uses: automobile sales room, bowling alley, book bindery, bicycle repair shop, nursing home, plumbing shop, cabaret, fish markets, new and secondhand car lot, job printing, private clubs, night clubs, poolroom, video game parlors, electrical substation, dance hall, skating rink, supermarket, testing and experimental facility, tire repair shop, upholster sales and shop, and veterinary hospital. No other uses shall be permitted on the subject site.
3. DEVELOPMENT STANDARDS:
The site shall be developed in accordance with this written text, the development standards contained in Chapter 3356, C-4 Commercial District, of the Columbus City Zoning Code, and the accompanying Site Plan.
A. Density, Height, Lot and/or Setback Commitments:
(1) Height: The maximum building height shall not exceed 60' except for mechanical and communications equipment.
(2) Building Setback: The building setback lines with respect to Eleventh Avenue, Jefferson Avenue and Wright Avenue will be 0'0" which will allow the construction of CMHA's new offices to match the set back lines of existing buildings which are located along the entire length of the Cleveland Avenue corridor. These building setbacks coincide with the planned "Four Corners Planned Development" which is a major revitalization effort for the inner-city community as Columbus seeks to rebuild the urban core and retain the character of the Cleveland Avenue architectural genre. The Zero Lot Line setback position has been endorsed by the South Linden Area Commission in the codification of the New Design Guidelines which is currently under development by the Greater Linden Area Development Corporation and the City of Columbus Planning Division.
B. Access, Loading, Parking and/or Other Traffic Related Commitments:
(1) Access: Curb cuts for the site are shown on the submitted plan. Access to and from the properties shall be approved by the City of Columbus, Planning and Operations Division. Access shall occur onto the subject site from Wright Avenue as shown in generality on the Site Plan.
(2) Parking: There will be approximately sixty-eight (68) parking spaces on the accessory parking lot. Parking shall conform to the standards set by the City of Columbus, Planning and Operations Division and Chapter 3312 of the Columbus City Code where applicable.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
(1) Buffering: See Site Plan
(2) Landscaping: Landscaping shall be as shown on the Site Plan. Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping within six months after planting which meets the requirements set forth on the Site Plan.
(3) Screening: See Site Plan
D. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments:
Lighting: Parking lot lighting shall be no higher than 14 feet. All light poles and standards shall be gray, brown, bronze, blue or black in color.
E. Graphics and/or Signage Commitments:
Graphics and Signage: All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code as it applies to the zoning district. Any variance to the sign requirements shall be submitted to the City of Columbus, Graphics Commission, via graphics plan.
F. Miscellaneous:
1. The site shall be developed in general conformance with the attached Site Plan. The 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 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.
4. CPD REQUIREMENTS:
A. Natural Environmental: The property is mostly flat with landscape buffers surrounding the parking lot areas and building area as shown on the site plan.
B. Existing Land Use: This Application involves the addition of Lots Nos. 77 and 78 of the Abram Dow's Heirs Addition which are currently zoned R-3 to an existing property owned by CMHA which is zoned CPD. Lots Nos. 77 and 78 will be combined with Lots Nos. 79, 80, 81 and 82 (which are currently owned by CMHA and zoned CPD) to provide surface parking for the three (3) story headquarters building for CMHA. The addition of these lots will increase available parking for the headquarters building and will be integrated into the overall CPD site plan.
C. Transportation and Circulation: Primary access to the site shall occur via curb cuts on Jefferson Avenue and Wright Avenue designed to accommodate the parking for the office building. The goal is intended to bring patron parking "on site" to preserve the surrounding residential community to the greatest extent possible.
D. Visual Form of the Environment: Surrounding uses include one and two-family dwellings to the west, north and east of the northern two thirds of the site in the R-3, Residential District. Commercial development in the C-4, Commercial District exists to the east and west of the southern third fronting on East Eleventh Avenue. Mixed commercial and residential uses exist in the C-4 district to the south across East Eleventh Avenue.
E. View and Visibility: Applicant believes that the proposed use and improvements will enhance the site. Applicant believes that the proposed site will in no way diminish the neighborhood.
F. Proposed Development: The proposed development is part of a major revitalization planned for the intersection of Cleveland and Eleventh Avenues called the "Four Corners Planned Development" to establish a "gateway" to the South Linden area. CMHA's offices and single family development are complimentary to those existing in the area and, as a part of the overall planned redevelopment of this intersection, will serve to enhance the surrounding neighborhood by providing needed services.
G. Behavior Patterns: Primary access to the site shall occur via curb cuts on Jefferson Avenue and Wright Avenue designed to accommodate the parking for the office building. The goal is intended to bring patron parking "on site" to preserve the surrounding residential community to the greatest extent possible.
H. Emissions: Emissions generated by the use of this site will not substantially affect the environment or alter the use and enjoyment of the surrounding neighborhood.
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.