Explanation
Rezoning Application Z20-008
APPLICANT: Whittier ABC Co. LLC; c/o Eric Zartman and Katarina Karac, Attys.; Underhill & Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Eating and drinking establishment.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on June 11, 2020.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a vacant appliance store which was rendered nonconforming with a city-sponsored down-zoning of the property to the R-2F, Residential District in 1999. CV18-089 (ORD #1281-2019) permitted a mixed use development at this site, including an eating and drinking establishment in the western half of the existing building and a five-unit apartment building in the eastern half of the building, but that project is not being pursued. The requested CPD, Commercial Planned Development District will permit conversion of the existing building into an eating and drinking establishment and permits other commercial uses. The site is within the planning area of the South Side Plan (2014), which recommends medium-high density residential uses (10-16 units/acre) at this location. This site is also subject to the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Both documents recommend that landscaping and screening should be used to minimize the impact of non-residential uses on adjacent residences, and that expanded uses should provide adequate parking. The CPD text includes use restrictions and development standards addressing setbacks, bicycle parking, rooftop patio size limitations and screening, landscaping, and façade commitments. Variances to reduce the minimum number of required parking spaces from 107 to 0 spaces, eliminate screening between commercial and residential districts, reduce the building line from 25 to 0 feet, and reduce the required distance separation from a church or school from 500 to 300 feet for an eating and drinking establishment that offers live entertainment are included in this request. While commercial uses are a departure from the South Side Plan’s land use recommendation for multi-unit residential uses, Planning Division staff views the request as appropriate given the location on an historic commercial corner located in a walkable, transit-served corridor. The applicant has committed to no live entertainment and appropriate screening for the limited-sized rooftop patio and has provided additional bicycle parking. A parking study was required and has been approved by the Division of Parking Services.
Title
To rezone 364 E. WHITTIER ST. (43206), being 0.18± acres located at the northeast corner of East Whittier Street and Bruck Street, From: R-2F, Residential District, To: CPD, Commercial Planned Development District (Rezoning #Z20-008).
Body
WHEREAS, application #Z20-008 is on file with the Department of Building and Zoning Services requesting rezoning of 0.18± acres from R-2F, Residential District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Columbus Southside 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 the existing commercial building to be used for limited C-4, Commercial District uses, including an eating and drinking establishment on an historic commercial corner located in a walkable, transit-served corridor. While commercial uses are a departure from the South Side Plan’s land use recommendation for multi-unit residential uses, Planning Division staff views the request as appropriate given the site’s location, and the applicant’s commitments to appropriately screen the limited-sized rooftop patio and to provide additional bicycle parking; 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:
364 E. WHITTIER ST. (43206), being 0.18± acres located at the northeast corner of East Whittier Street and Bruck Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin in the City of Columbus:
Tract 1
Being Lot Number One Hundred Nineteen (119) of Blesch and Kremer’s Subdivision of part of Lots Numbers Four (4) and Five (5) of C.F. Jaeger’s Estate, as said lots are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 24, Recorder’s Office Franklin County, Ohio.
Tract 2
Being Lot Number One Hundred Eighteen (118) of Blesch and Kremer’s Subdivision of part of Lots Numbers Four (4) and Five (5) of C.F. Jaeger’s Estate, as said lots are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 24, Recorder’s Office Franklin County, Ohio
Parcel No.: 010-011493
To Rezone From: R-2F, Residential 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 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 PLAN FOR 364 E. WHITTIER ST.," dated May 29, 2020, and signed by Katarina Karac, Attorney for the Applicant, said building rendering titled, "EXHIBIT A," dated February 3, 2020, and signed by Eric Zartman, Attorney for the Applicant, and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," dated June 15, 2020, and signed by Katarina Karac, Attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
Application: Z20-008
Property Address: 364 Whittier Street
Owner/Applicant: Whittier ABC Co., LLC
8518 Stonechat Loop
Dublin, Ohio 43017
Attorneys: Eric Zartman and/or Katarina Karac
Underhill & Hodge, LLC
8000 Walton Parkway, Suite 260
New Albany, Ohio 43054
Date of Text: June 15, 2020
I. Introduction.
The subject property (“Site”) is approximately 0.18 acres and located at the northeast corner of East Whittier Street and Bruck Street. The Site is developed with a vacant appliance store which was rendered nonconforming with a city sponsored down-zoning of the area to the R-2F Residential District in 1999.
The Site is bordered on the north, west, and east by property zoned R-2F and on the south, across East Whittier Street by property zoned R-4. However, all properties at this intersection of East Whittier Street and Bruck Street are used for commercial uses. This Site is within walking distance of the Whittier Street/Parsons Avenue commercial corridor and several other restaurant and retail businesses along Whittier Street.
The Site is within the Schumacher Place neighborhood of the Columbus Southside Area Commission. The Site is subject to the South Side Plan which recommends that medium-high density residential at 10-16 dwelling units per acre is appropriate.
While the South Site Plan indeed recommends medium-high density residential, Principle 1 of the plan states, “Neighborhoods should have a mix of land uses.” Principle 1 also recommends that rezonings and variances in support for corner commercial spaces should consider:
• The proposed use is within an existing storefront.
• Evidence is provided that the development would have minimal negative impact on the surrounding residential area in terms of parking, lighting, graphics, noise, and similar issues. It should be noted that neighborhood retail can also benefit the community through the presence of jobs and convenient access to goods and services.
The Applicant proposes to maintain the existing commercial space at the corner and will follow these elements of Principle 1 of the South Side Plan.
Principle 2 of the South Side Plan states, “New development should respect community character and historic features. Applicant will use design techniques to ensure that they are integrated with the existing fabric and scale and retain the character of the area. Specifically, the corner commercial space will be maintained.
The Applicant proposes rehabilitation of the Site and to adapt the Site’s 8,865 square feet of space from retail to restaurant with an additional 3,500 square feet of outdoor dining. Below are the permitted uses and development standards to accommodate the proposed development and ensure that it is appropriate for the area.
II. Permitted Uses:
The permitted uses shall be those uses contained in Section 3356.03, C-4, Permitted Uses of the Columbus City Code excluding the following: Automotive Accessories, Parts and Tire Stores; Automobile and Light Truck Dealers; Automobile Driving Training Facility; Automotive Sales, Leasing and Rental; Motorcycle, Boat, and Other Motor Vehicle Dealers; Motor Vehicle Accessories and Parts Dealers; Recreational Vehicle Dealers; Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing; and Automotive Maintenance and Repair; Blood and Organ Banks; Check Cashing and Loans; Community Food Pantry; Missions/Temporary Shelters; Ohio Medical Marijuana Control Program Retail Dispensary; Outdoor Power Equipment Stores; Pawn Brokers; Warehouse Clubs and Super Centers; Bowling Centers; Drive-In Motion Picture Theaters; Exterminating and Pest Control Services; Farm Equipment and Supply Store; Hotels and Motels; Hotels, Extended Stay; Hospitals; Limousine and Taxi Service; Animal Shelter; Amusement Arcade; Halfway House; and Veterinarians (unlimited practice).
III. Development Standards:
Except as otherwise listed herein or depicted on the CPD Plan, the development standards shall be those contained in Chapter 3356, C-4, Regional Scale Commercial District.
A. Density, Height, Lot and/or Setback Requirements:
1. The minimum required building setback shall be zero feet from Whittier Street and Bruck Street.
B. Access, Loading, Parking and/or other Traffic Related Commitments:
1. Access shall be as shown on the CPD Plan.
2. The Site shall not be required to provide parking spaces.
3. The Site shall provide 8 bicycle parking spaces as shown on the CPD Plan. Further, additional bicycle parking spaces shall be installed within the right-of-way area either along Bruck Street or Whittier Street at such time and in such location as the Department of Public Service determines to be appropriate.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
1. If a rooftop patio is developed, the northern and eastern perimeters of the rooftop patio which abut properties used for residential purposes shall be screened from view by landscaping and hardscaping at 100% opacity at a minimum height of 8 feet.
2. Ground-level screening shall consist of a six foot, board-on-board horizontal pressure treated wood fence which shall be installed along the alley as shown on the CPD Plan.
3. The property owner shall work with the Department of Recreation and Parks regarding the inclusion of 1 street tree along the frontage of East Whittier Street.
D. Building, Design and/or Interior-Exterior Treatment Commitments:
1. The Whittier Street building facades shall be improved in a manner and in accord with their respective original facades, as reflected in the submitted “Exhibit A”. The upper image shown in Exhibit A is the facade of the original corner/western building, and the lower image shown in Exhibit A is the facade of the original eastern building.
2. A rooftop patio may be developed, subject to the screening requirements set forth in the CPD Text and Plan. The rooftop patio shall not exceed 3,500 square feet.
E. Dumpsters, Lighting, Outdoor Areas and/or other Environmental Commitments:
A dumpster may be provided, either in the location shown on the CPD Plan or as otherwise incorporated within the building.
F. Graphic and Signage Commitments:
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as applicable to the C4, Commercial District. Any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments:
1. The Site is developed with a 8,865 square foot retail building which shall be preserved. Any
further restoration of the building shall be in accordance with the submitted CPD Plan titled, “Zoning Plan” and historical photographs titled “Exhibit A”, signed and dated February 3, 2020. These plans may be slightly adjusted to engineering, topographical, or other site development data. Any slight adjustment to the plans shall be subject to review and approval by the Director of Building and Zoning Services or a designee, upon submission of appropriate data regarding the proposed adjustment.
2. Live entertainment shall not be permitted on the rooftop patio.
H. Modification of Code Standards:
1. 3312.49. To reduce the minimum required number of parking spaces from 107 to 0.
2. 3356.11(A)(3). To reduce the minimum building line from 25 feet to zero feet along Whittier Street and Bruck Street.
3. 3356.07(A). To reduce the minimum separation requirement for bars, cabarets or nightclubs from public or parochial schools or religious facilities from 500 feet to 300 feet.
4. 3321.09. To eliminate the screening requirement, except as otherwise provided in this Zoning Text and in the CPD Plan.
I. CPD Criteria:
Natural Environment. The Site is approximately 0.18 acres and located at the northeast corner of East Whittier Street and Bruck Street. The Site is developed with a 8,865 square foot retail building.
Existing Land Use. The Site is currently vacant and formerly operated as an appliance store.
Transportation and Circulation. The Site does not have any internal circulation. The Site is accessed by East Whittier Street, Bruck Street, and Schiller Alley.
Visual Form of the Environment. The property is developed commercially with zero foot building lines. The building’s original construction occurred in early 1900s.
View and Visibility. The Site is visible from the intersection of East Whittier Street and Bruck Street.
Proposed Development. The Applicant proposes rehabilitation of the building and converting the 8,865 square feet of space from retail to restaurant with an additional 3,500 square feet of outdoor dining.
Behavior Patterns. The Site is within the Schumacher Place neighborhood of the Columbus Southside Area Commission. The intersection of East Whittier Street and Bruck Street has historically been and remains a commercial intersection. The Site is within walking distance of the Whittier/Parsons commercial corridor and Whittier supports mixed uses throughout.
Emission. No adverse effect from emissions shall result from the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.