header-left
File #: 0801-2014    Version: 1
Type: Ordinance Status: Passed
File created: 3/28/2014 In control: Zoning Committee
On agenda: 5/12/2014 Final action: 5/15/2014
Title: To rezone 195 CHITTENDEN AVENUE (43201), being 0.11± acres located on the south side of Chittenden Avenue, 50± feet west of Summit Street, From: AR-4, Apartment ResidentialDistrict, To: CPD, Commercial Planned Development District (Rezoning # Z14-002).
Attachments: 1. ORD#0801-2014.Attachments, 2. Notice Of Public Hearing - Council Mtg20140512
Explanation
Rezoning Application Z14-002
APPLICANT:  Northwest Property Management; c/o David Hodge, Atty.; Smith & Hale LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
     
PROPOSED USE:  Eating and drinking establishment on first floor.
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on March 13, 2014.
UNIVERSITY AREA COMMISSION RECOMMENDATION:  Disapproval.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is developed with a two-story building and is zoned in the L-C-4, Limited Commercial District.  The requested CPD, Commercial Planned Development District will allow the site to be redeveloped with an eating and drinking establishment on the first floor of the building, and apartments on the second floor. The site is located within the planning area of the University Neighborhoods Revitalization Plan (1996), which recommends Moderate Intensity Residential for this location. The CPD plan includes the 5,184 square foot building, with a maximum of 2,592 square feet for business (restaurant) use. The CPD text includes development standards for permitted and prohibited uses. It also includes variances to the minimum number of parking spaces required, maneuvering and landscaping and screening.  The request is consistent with the established zoning and development patterns of the area.
 
Title
To rezone 195 CHITTENDEN AVENUE (43201), being 0.11± acres located on the south side of Chittenden Avenue, 50± feet west of Summit Street, From:  AR-4, Apartment ResidentialDistrict, To:  CPD, Commercial Planned Development District (Rezoning # Z14-002).
 
Body
WHEREAS, application #Z14-002 is on file with the Department of Building and Zoning Services requesting rezoning of 0.11± acres from AR-4, Apartment Residential District, to CPD, Commercial Planned Development District; and
WHEREAS, the University Area Commission recommends disapproval of said zoning change because the applicant does not agree to the condition of providing landscaping in the form of a continuous, permanent green planting strip around the outdoor patio and at least one tree; and
WHEREAS, the University Area Review Board recommends approval of said zoning change; and
WHEREAS, the Development 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, which will allow redevelopment of the site with an eating and drinking establishment on the first floor, and apartments on the second, is consistent with the established zoning and development patterns of the area; 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:
195 CHITTENDEN AVENUE (43201), being 0.11± acres located on the south side of Chittenden Avenue, 50± feet west of Summit, and being more particularly described as follows:
SITUATED in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Twenty-Nine (29) in CHITTENDEN PLACE ADDITION, to the said City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, pages 148 and 149, Recorder's Office, Franklin County, Ohio.
193-195 Chittenden Avenue, Columbus, Ohio 43201.
To Rezone From:  AR-4, Apartment ResidentialDistrict
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 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, "SITE ZONING PLAN," and text titled, "TEXT" both dated March 12, 2014, and signed by David Hodge, Attorney for the Applicant, and the text reading as follows:  
 
TEXT
PROPOSED DISTRICTS:  CPD, Commercial Planned Development  
PROPERTY ADDRESS:  195 Chittenden Avenue                              
OWNER:  International Friendships Inc.
APPLICANT: Northwest Property Management
DATE OF TEXT: 3/12/14
APPLICATION: Z14 - 002
1.  INTRODUCTION: The site is developed with a two story building with parking in the rear.  The first floor of the building, 2,592 square feet, has been commercially used over the years but is currently vacant.  The applicant wants to do a mixed use development within the existing building, incorporating the existing four (4) apartments on the second floor, and providing a restaurant on the first floor with a patio.
2.  PERMITTED USES:  Those uses permitted under Chapter 3356 C-4, Commercial of the Columbus City Code, except the following:
Appliance Stores
Automotive Accessories, Parts and Tire Stores
Automobile and Light Truck Dealers
Automotive Sales, Leasing and Rental
Bars, Cabarets and Nightclubs
Blood and Organ Banks
Check Cashing and Loans
Community Food Pantry
Missions/Temporary Shelters
Motorcycle, Boat, and Other Motor Vehicle Dealers
Outdoor Power Equipment Sales
Pawn Brokers
Recreational Vehicle Dealers
Supermarkets
Truck, Utility Trailer, and RV Sales, Rental and Leasing
Vending Machine Operators
Warehouse Clubs and Super Centers  
 
3.  DEVELOPMENT STANDARDS: Unless otherwise indicated in this text or on the site plan, the applicable development standards are those contained in Chapter 3356 C-4 Commercial of the Columbus City Code.
A.  Density, Height, Lot and/or Setback Requirements: N/A
 
B.  Access, Loading, Parking and/or Traffic Related Commitments: N/A
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments: N/A
 
D.  Building Design and/or Interior-Exterior Treatment Commitments: N/A
The patio shall not be enclosed with sidewall enclosures.
 
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments
Sound amplification and electronics are prohibited on the patio.
F.  Graphics and Signage Commitments
All graphics and signage shall comply with the Graphics Code Article 15, Title 33 of the Columbus City Code as it applies to the C-4 Commercial District and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.  
 
G.  Miscellaneous
1.  CPD Criteria.
a.  Existing Land Use.  The area is a mixture of commercial and residential uses.
b.  Transportation and Circulation Facilities.  The site is west of Summit Street and fronts on Chittenden Avenue.  Access to the parking spaces is from an alley south of the building.
c.  Visual Form of the Environment.  The proposed development is a reuse of the existing building.  
 
d.  View and Visibility.  The proposed development is a reuse of the existing building.  
 
e.  Proposed Development.  Mixture of commercial and residential.
f.  Behavior Patterns.  Existing development in the area has established vehicular and pedestrian patterns for the area.
g.  Emissions.  This site will not have a negative effect on levels of light, sound, smell and dust.  
 
2.  Variances.
Section 3312.49 Minimum number of parking spaces required - To reduce the required parking from 35 to 6 parking spaces.  The 6 on-site parking spaces shall be reserved for use by residents.
Section 3312.25 Maneuvering - To permit stacked parking behind the building, legitimizing an existing condition.  
 
Section 3312.21 Landscaping and Screening - To eliminate perimeter screening for the parking lot, legitimizing an existing condition.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.