Explanation
Rezoning Amendment: Z16-016A
Ordinance #3112-2016, passed February 13, 2017 (Z16-016), rezoned 28.19± acres at 5300 Avery Road from R, Rural District to the CPD, Commercial Planned Development District and L-AR-1, Limited Apartment Residential District. More particularly, the CPD district portion of the site is known as Subarea A, which is a 3.56 acre property allowing C-1, Commercial District and limited C-2, Commercial District uses, with a specific commitment to a maximum building size of 30,000 square feet containing a minimum of 10,000 square feet of office uses. Additionally, the text included supplemental development standards addressing building and parking setbacks, building height, traffic and pedestrian access, screening, street trees, and building materials. This ordinance amends the use restrictions by removing the minimum office square footage commitment, and allowing all C-3 Commercial District uses and bar uses, which are considered a C-4 district use. All other sections of Ordinance #3112-2016 remain unchanged and are in effect.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #3112-2016, passed February 13, 2017 (Z16-016), for property located at 5300 AVERY RD. (43016), by repealing Section 3 and replacing with a new Section 3 to modify use restrictions contained in the CPD development text of said property within the CPD, Commercial Planned Development District (Rezoning Amendment #Z16-016A).
Body
WHEREAS, Ordinance #3112-2016, passed February 13, 2017 (Z16-016), rezoned 3.56± acres at 5300 AVERY RD. (43016), from R, Rural District to the CPD, Commercial Planned Development District; and
WHEREAS, that rezoning established specific allowable uses and development standards addressing building and parking setbacks, building height, traffic and pedestrian access, screening, street trees, and building materials; and
WHEREAS, it is necessary to amend Section 3 of Ordinance #3112-2016, passed February 13, 2017 (Z16-016), to modify the CPD development text by removing the minimum office square footage commitment, and allowing all C-3, Commercial District uses and bars in this CPD district; and
WHEREAS, all other aspects of Ordinance #3112-2026 are unaffected by this amendment and remain in effect; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 3 of Ordinance #3112-2016, passed February 13, 2017 (Z16-016), be hereby replaced with a new Section 3 to read as follows:
SECTION 3. That the Director of the Department of Building and Zoning Services be and is hereby authorized and directed to make the said changes on the said original official zoning map and shall register a copies of the approved CPD, Commercial Planned Development District and L-AR-1, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Sections 3311.12 and 3370.03 of the Columbus City Codes; said plans being titled, "EDWARDS COMMUNITIES AVERY ROAD SUBAREA PLAN," dated November 17, 2016, and signed by Jeffrey L, Brown, and said text being titled, "DEVELOPMENT TEXT," "AMENDED COMMERCIAL PLANNED DEVELOPMENT TEXT," both dated November 17, 2016, and signed by Jeffrey L. Brown, Attorney for the Applicant, dated August 13, 2025, and signed by Michael T. Shannon, Attorney for the Applicant, and the text reading as follows:
AMENDED COMMERCIAL PLANNED DEVELOPMENT TEXT
Application: Z16-016A
Address: 5300 Avery Road Parcel: 010-220108
Owner: Edwards Avery Road LLC
Applicant: Edwards Avery Road LLC; 495 S High Street, Suite 150; Columbus, OH 43215 Attorney: Michael Shannon; MT Shannon Partners; 447 E. Main St., Suite 200-F; Columbus, OH 43215
Current Zoning District: CPD (H-60)
Requested District: CPD (H-60)
Date of Text: August 13, 2025
I. Subarea A (3.56± acres ) CPD:
1. Introduction: The applicant seeks to rezone the 3.6 +/- acres in Subarea A for commercial uses at the north end of the site along Avery Road. This commercial subarea would be adjacent to the proposed commercial subarea in the zoning to the north.
2. Permitted Uses:
a. The permitted uses for Subarea A shall be all uses allowed in Section 3351.03 (C-1 permitted uses), and Section 3353.03 (C-2 permitted uses), excluding subsections F, G and H Section 3353.03 of the Columbus City Code, except that daycare uses shall be permitted Section 3355.03 (C-3 permitted uses), and bars.
b. There shall be no square foot limitation for cafes, delicatessens and restaurants.
3. Development Standards: Except as otherwise noted herein or on the submitted drawing, the applicable development standards of Chapter 3353 C-1 of the Columbus City Code shall apply to this site.
A. Density, Height, Lot, and/or Setback Commitments.
1. Building setback from Avery Road shall be a minimum of 25 feet.
2. Parking setback from Avery Road shall be a minimum of 10 feet. A building shall have only two rows of parking and one two-way maneuvering aisle in front of the principle building. The remaining parking shall be located behind the principle building’s front façade.
3. The building and parking setbacks shall be a minimum of 10 feet from any residentially- zoned property. No setback for driveways and maneuvering areas.
4. Notwithstanding the foregoing paragraphs, no building or parking setback shall be required from any property line that is created within and internal to the total site such that the parcel created continues to function as part of the overall site.
5. Maximum height of buildings shall be 45 feet.
6. There shall be a maximum, aggregate commercial building square footage of 30,000 for this subarea of which at least 10,000 sq. ft. will be office. Day care square footage does not count toward the office square footage requirement.
B. Access, Loading, Parking and/or Other Traffic Related Commitments.
1. Access shall be as depicted on the attached Site Plan.
2. The exact location of access points and the internal road layout as shown on the Site Plan may be modified subject to the review and approval of the City’s Department of Public Service without the need for rezoning.
3. Internal drive aisles may be developed without regard to interior parcel lines, such that the parcels function seamlessly as part of the overall site. Cross-access easements will be provided.
4. In Subarea A the site plan shows a driveway that provides access to Avery Road to the parcels to the north (Parcel #010-218951, 010-218952). The subject property owner shall grant an access easement to the owner of said parcels to use said driveway. Access easements have been granted to benefit adjacent properties to the north to provide access to Avery Road. See Franklin County Recorder Instruments 201702220024908 and 201904040038093.
5. The applicant shall install a northbound right turn lane with a length of 175 feet on Avery Road at Site Drive 1 by the end of 2017 or when fifty multi-family units on the parcel to the north are ready to rent, whichever event occurs later.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Any loading area located within 10 feet of a residentially-zoned property used for residential purposes shall be screened from such residential property by buildings or view- obscuring treatment such as landscaped mounds, a wall or fence, dense planting strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6’ and an opacity of not less than seventy-five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance at all times.
2. The frontage along Avery Road shall include street trees, one tree for 40 feet of frontage and additional plantings of three (3) ornamental trees and two (2) deciduous trees for every 100 feet of frontage. These trees may be evenly spaced or grouped.
3. Street trees shall be installed (minimum forty feet on center) along both sides of the east/west driveway along the north side of the subarea and along the west and north sides of the internal loop road as shown on the submitted subarea plan.
D. Building Design and/or Interior-Exterior Treatment Commitments.
The appearance and architecture of the main commercial shopping center and any multi-tenant buildings greater than 10,000 square feet (not including outlot buildings) shall be consistent and compatible throughout. Building materials for all buildings shall be primarily of brick, brick veneer, stone or stucco stone, metal, stucco, synthetic stucco (EIFS), wood, and glass. No exposed or painted concrete block shall be permitted. Commercial decorative finish to block may be used for the sides and rear of buildings, not fronting to streets.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
N/A
F. Graphics and/or Signage Commitments.
The Developer may submit a graphics plan for part or all of this development. If no graphics plan is submitted, all signage and graphics shall conform to Section 3372.806 Graphics of the Columbus City Code. Any variance to the standards of this text or Columbus City Code shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous Commitments.
1. There shall be multiple points of pedestrian connectivity to/among other subareas and to the adjacent streets and sidewalks. There shall be an interconnected system of paths and sidewalks throughout the development. Where provided, such pedestrian connections shall be a minimum of five (5) feet in width. Where pedestrian paths and sidewalks cross internal drive aisles or streets, striped crosswalks shall be provided. Final locations of all aisles, paths, sidewalks, and roads/alleys, etc., to be determined at the time of final engineering.
2. The developer shall comply with the parkland dedication ordinance.
3. All new wiring shall be underground.
4. The proposed development shall be developed in general conformance with the submitted Site Plan. The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Streets are schematic and subject to change. Any adjustment to the Site Plan shall be reviewed and may be approved by the Director of the Department of Building & Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
H. Other CPD Requirements.
1. Natural Environment: The property is located along Avery Road (the Site’s west boundary) and south of the proposed extension of Tuttle Crossing Boulevard.
2. Existing Land Use: The property is entitled for commercial development but has not been developed and is vacant.
3. Circulation: All access for the Site will be approved by the City of Columbus, Public Service Department.
4. Visibility: Consideration has been given to the visibility and safety of the motorists and pedestrians as both on and off the subject property in the development of this site.
5. Proposed Development: Commercial development.
6. Behavior Patterns: Significant residential development in the area has brought about the need for commercial uses to service the existing residential population.
7. Emissions: No adverse effect from emissions should result from the proposed development.
I. Code Modifications:
The following variances modifications are requested:
1. Modification from C.C.C. § 3312.25 to allow internal drive aisles to be developed without regard to interior parcel lines.
2. Modification from C.C.C. § 3356.11 to reduce the building setback from 80 feet to 25 feet.
Additional variances may be requested from the City of Columbus Board of Zoning Adjustment.
V. Traffic Commitments which apply to all subareas:
1. When at least 275 multi-family units have been constructed or approximately 50% of this site has been developed, the applicant shall signalize Site Drive 2. Signalization of Site Drive 2 shall include southbound queue detection/preemption to prevent queuing into the adjacent roundabout north of this access point. If at least 275 multi-family units or approximately 50% of this site is built and occupied and the required traffic signal described above has not been installed and put into operation, no additional site compliance plan shall be approved by the Department of Public Service.
2. The property owner shall enter into a traffic control devices contract with the City of Columbus, Department of Public Service for the proposed signal installation on Avery Road at Site Drive 2.
3. The applicant shall provide internal access so that all the Subareas except for Subarea D have access to Site Drive 2.
Upon the construction of Site Drive 2, the applicant shall provide a dedicated southbound left turn lane on Avery Road with a length of 300 feet and a westbound left turn lane at that intersection.
Upon the construction of Site Drive 2, the applicant shall be responsible for the construction of a median within Avery Road to restrict turning movements at Site Drive 1 to right-in/right-out turning movements.
4. If Site Drive 2 is constructed, if Subarea A is developed or if the extension of Tuttle Crossing Boulevard is constructed between Avery Road and Wilcox Road, access to Site Drive 1 shall be limited to a right-in right-out access only.
5. The applicant shall provide internal access so that all the Subareas except for Subarea D and the area subject to rezoning application Z16-015 (parcel #010-218951 and 010-218952) have access to Site Drive 2.
6. The traffic requirements in this text may be modified or eliminated with the approval of the City of Columbus, Department of Public Service and would not require a rezoning.
SECTION 2. That existing Section 3 of Ordinance #3112-2016, passed February 13, 2017, is hereby repealed.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.