Explanation
Rezoning Application Z08-065
APPLICANT: Mount Properties LLC c/o David Perry, The David Perry Company; 145 East Rich Street, 3rd floor; Columbus, OH 43215.
PROPOSED USE: Conform existing ground floor Commercial and second floor residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on February 12, 2009.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will conform a mixed use building that is consistent and compatible with surrounding uses. The CPD text contains appropriate use restrictions and lighting controls. The applicant requests variances to reduce the required parking from 18 spaces to 4 spaces which is an existing condition. Since the parking situation has existed without any apparent negative consequences, the Transportation Division has determined the proposed parking variances will not have a negative impact on the surrounding area. The request is consistent with the zoning and development patterns of the area.
Title
To rezone 1434 NORTH HIGH STREET (43201), being 0.13± acres located on the east side of North High Street, 55± feet north of Euclid Avenue, From: AR-O, Apartment Residential/Office District, To: CPD, Commercial Planned Development District.(Rezoning # Z08-065).
Body
WHEREAS, application #Z08-065 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.13± acres from the AR-O, Apartment Residential/Office District to the CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the University Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval because the The requested CPD, Commercial Planned Development District will conform a mixed use building that is consistent and compatible with surrounding uses. The CPD text contains appropriate use restrictions and lighting controls. The applicant requests variances to reduce the required parking from 18 spaces to 4 spaces which is an existing condition. Since the parking situation has existed without any apparent negative consequences, the Transportation Division has determined the proposed parking variances will not have a negative impact on the surrounding area. The request is consistent with the 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:
1434 NORTH HIGH STREET (43201), being 0.13± acres located on the east side of North High Street, 55± feet north of Euclid Avenue, and being more particularly described as follows:
0.132 Acres
Description for Zoning Purposes
Situated in the State of Ohio, County of Franklin, City of Columbus, being Thirty-five (35) feet off the north side of Lot 15 and Five (5) feet off the south side of Lot 16 of Phil. D. Fisher and Mrs. M.C. Millers, Subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 69, Franklin County Recorder's Office and being more particularly described as follows:
Commencing at the intersection of the north line of E. Euclid Avenue (60 feet wide) with the east line of N. High Street (66 feet wide), being the southwest corner of Lot 14 of said subdivision;
Thence, along the east line of N. High Street, along the west line of said Lot 14, and part of said Lot 15, North 11º 35' 14" West, 57.11 feet to the TRUE POINT OF BEGINNING:
Thence, along part of the west line of said Lots 15 and Lot 16, North 11º 35' 14" West, 40.00 feet to a point;
Thence, across said Lot 16, being Five (5) feet north of the south line of said Lot 16, North 89º 34' 11" East, 147.11 feet to a point on the east line of said Lot 16, the west line of a twenty (20) foot alley;
Thence, along part of the east line of said Lots 16 and 15, along the west line of said alley, South 7º 51' 10" East, 40.00 feet to a point;
Thence, across said Lot 15, being Thirty-five (35) feet south of the north line of said Lot 15, South 89º 44' 11" West, 144.54 feet to the place of beginning CONTAINING 0.132 Acres. Basis of bearing is the east line of N. High Street assumed North 11º 35' 14" East. The forgoing description was prepared for zoning purposes ONLY.
To Rezone From: AR-O, Apartment Residential / Office 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, "SITE PLAN FOR 1434 NORTH HIGH STREET," signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant, and dated March 25, 2009, and said text titled, " DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 0.132 +/- ACRES," signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant, and dated March 25, 2009, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
0.132 +/- ACRES
EXISTING ZONING: AR-O, Apartment Residential/Office District
PROPOSED ZONING: CPD, Commercial Planned Development
PROPERTY ADDRESS: 1434 North High Street, Columbus, OH, 43201
OWNER: Mount Properties LLC, c/o David B. Perry, Agent, David Perry Co., Inc., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215.
APPLICANT: Mount Properties, LLC, c/o David B. Perry, Agent, David Perry Co., Inc., 145 East Rich Street, 3rd Floor, Columbus, OH 43215 and Donald Plank, Attorney, Plank and Brahm, 145 East Rich Street, Columbus, OH 43215.
DATE OF TEXT: 03/25/2009
APPLICATION NUMBER: Z08-065
1. INTRODUCTION: The 0.132 +/- acre site is located on the east side of North High Street, north of Euclid Avenue. The site is developed with a two (2) story building used presently and historically for ground floor commercial uses and two (2) second floor apartments. Several properties from Euclid Avenue north, including this property, were rezoned in 1963 to the AR-O District. The property to the south, at the northeast corner of North High Street and Euclid Avenue, was rezoned in 2008 to the CPD district for ground level commercial uses and three (3) second floor dwelling units. The subject site is developed. The 1963 rezoning made ground level commercial use non-conforming. Applicant seeks commercial zoning to re-establish ground level commercial use as a conforming use. The proposed use is consistent with land uses and zoning on North High Street. The site plan titled "Site Plan for 1434 North High Street", hereafter referred to as the "Plan", dated March 25, 2009, is submitted with this application as the development plan for the site. The site is located in the University Urban Commercial Overlay (UCO) and also the University Impact District.
2. PERMITTED USES: All uses of Section 3356.03, Permitted Uses, except automobile repair, maintenance and/or sales; crematory and building materials and supplies dealers. The prohibition of automobile repair, maintenance and/or sales and building materials and supplies dealers shall not be interpreted to prohibit the retail sale of car parts/supplies or a hardware store selling building materials, subject to such uses being conducted inside the building.
3. USE LIMITATIONS: All uses shall be conducted within the building. Outside seating associated within an on-premise restaurant or café is permitted, subject to compliance with applicable code requirements.
4. DEVELOPMENT STANDARDS: Unless otherwise indicated on the Plan or in the written text, the applicable development standards shall be those standards contained in Chapter 3356, C-4, Regional Scale Commercial District, of the Columbus City Code.
A). Density, Height, Lot and/or Setback commitments.
1. Building setbacks shall be as depicted on the Plan, which reflect the existing building.
B.) Access, Loading, Parking and/or other Traffic related commitments.
1. Vehicular access shall be from the public alley to the east of the site, as depicted on the Plan.
2. One (1) of the parking spaces shall be reserved for the two (2) existing dwelling units on the second floor of the building. Signage indicating the reservation of the one (1) space for the dwelling units shall be installed at the site.
C.) Buffering, Landscaping, Open Space and/or Screening Commitments:
N/A
D.) Building design and/or Interior-Exterior treatment commitments.
Not Applicable.
E.) Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All non-decorative lighting shall be down lighting (cut off fixtures).
2. All external outdoor lighting fixtures shall be from the same or similar manufacturer's type to insure compatibility.
3. Pole mounted parking lot lighting shall not exceed eighteen (18) feet in height.
F.) Graphics and Signage commitments.
1. 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. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
G). Other CPD Requirements.
1. Natural Environment: The natural environment of the site is flat. The site is located north of the intersection of North High Street and Euclid Avenue. The site is undeveloped.
2. Existing Land Use: The property is developed with a two (2) story building presently used for ground level commercial use and two (2) second floor apartments and such use predates the 1963 AR-O rezoning. Commercial uses exist in both directions on North High Street. A private parking lot exists to the east, east of the public alley.
3. Circulation: Access to and from the site will be via the public alley (Pearl Alley, 20') that abuts the site to the east.
4. Visual Form of the Environment: The site is located in an area of intense urban development with many commercial, housing and community related uses.
5. Visibility: The site is located on North High Street, north of Euclid Avenue.
6. Proposed Development: Rezoning to conform zoning to commercial/residential use of existing building that predates AR-0 zoning.
7. Behavior Patterns: Vehicular access will be from the public alley (Pearl Alley, 20 feet) abutting the site to the east.
8. Emissions: Development 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.
H). Modification of Code Standards.
1. Section 3342.28, Minimum Number of Parking Spaces Required, which Section requires 16 parking spaces for the existing retail commercial (ground floor) and two (2) dwelling units (second floor) uses, while applicant proposes to provide four (4) parking spaces, as depicted on the Plan. The building does not have a basement.
I.) Miscellaneous commitments.
1. Development of the site shall be in accordance with the site plan titled "Site Plan for 1434 North High Street", dated and signed March 25, 2009, by David B. Perry, Agent, and Donald Plank, Attorney. 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 any of the drawings shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
2. Parking for the ground level commercial uses has been calculated at the retail rate of 1 space per 250 sq ft of gross area. Changes of use that require more parking than the retail rate may be heard by the Board of Zoning Adjustment (BZA) as a variance.
3. Bicycle parking shall be provided on-site.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.