Explanation
Rezoning Application # Z04-073
APPLICANT: Columbus Compact Corporation; c/o George Tabit, Agent; 1000 East Main Street; Columbus, Ohio 43205.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (7-0) on November 11, 2004.
SOUTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will allow retail development that is consistent with the land use recommendation of the South Linden Neighborhood Plan (2003). The CPD text contains customary use restrictions, landscaping, lighting controls, exterior building treatment commitments, a parking reduction of nine spaces, and incorporates five variances to the Urban Commercial Overlay standards. The proposed CPD plan and text is consistent with the zoning and development patterns of the area.
Title
To rezone 1431 CLEVELAND AVENUE (43211), being 0.71± acres located on the west side of Cleveland Avenue, 162.5± feet north of East Eleventh Avenue, From: AR-O, Apartment Residential/Office District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z04-073).
Body
WHEREAS, application #Z04-073 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.71± acres from AR-O, Apartment Residential/Office District 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the fact that the project has suffered many delays; the City of Columbus provided land through the land bank; and as soon as the zoning is completed, the site can be sold thereby minimizing the risk of losing the valuable tenant and assuring the site's development for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the equested CPD, Commercial Planned Development District will allow retail development that is consistent with the land use recommendation of the South Linden Neighborhood Plan (2003). The CPD text contains customary use restrictions, landscaping, lighting controls, exterior building treatment commitments, a parking reduction of nine spaces, and incorporates five variances to the Urban Commercial Overlay standards. The proposed CPD plan and text 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:
1431 CLEVELAND AVENUE (43211), being 0.71± acres located on the west side of Cleveland Avenue, 162.5± feet north of East Eleventh Avenue, and being more particularly described as follows:
LEGAL DESCRIPTION
0.71 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 1 North, Range 18 West, United States Military Lands and being all of Lots 23, 24, 25, 26, 27, 28 and part of Lot 29 of the subdivision entitled "Abram Dow's Heirs Subdivision" as recorded in Plat Book 5, Page 454, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at the intersection of the northerly right-of-way line of Eleventh Avenue and the westerly right-of-way line of Cleveland Avenue;
Thence North 35°48'21" East, along said westerly right-of-way line of Cleveland Avenue a distance of 154.23' feet to the southeasterly corner of said Lot 23 and the northeasterly corner of Reserve "O" of said "Abram Dow's Heirs Subdivision" being the True Point of Beginning of the tract herein described;
Thence with the southerly line of said Lot 23 and the northerly line of said Reserve "O", North 89°58'00" West, a distance of 87.46' feet to the southwesterly corner of said Lot 23 at the easterly right-of-way line of a 20' alley;
Thence with said easterly right-of-way line and along the westerly line of said Lots 23, 24, 25, 26, 27, 28 and part of Lot 29, North 00°02'51" East, a distance of 211.30' feet to the northwesterly corner of said Part Lot 29 and the intersection of the easterly right-of-way of said 20' alley and the southerly right-of-way of a 15' alley;
Thence along the southerly line of said 15' alley, South 89°58'00" East, a distance of 74.00' feet;
Thence over said Lot 29, South 00°02'51" West, a distance of 22.30' feet to a point in the northerly line of said Lot 28;
Thence along said northerly line of Lot 28, South 89°58'00" East, a distance of 149.59' feet to a point in the westerly right-of-way line of said Cleveland Avenue;
Thence along said westerly right-of-way of Cleveland Avenue and the easterly lines of said Lots 23, 24, 25, 26, 27, 28, South 35°48'21" West, a distance of 232.95' feet to the point of beginning containing 0.71 acres, more or less.
Bearings are based upon the centerline of Cleveland Avenue as shown on Plat Book 5, Page 454.
This description was prepared by Civil Environmental Consultants, Inc. under the direction of Anthony W. Williams, P.S.
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, "ZONING SITE PLAN", and text titled, "CPD TEXT", both signed by Jonathan C. Beard, President, Columbus Compact Corporation, and dated November 16, 2004, and the text reading as follows:
CPD Text
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 1431 Cleveland Avenue
OWNER: Columbus Compact Corporation
City Heritage, LLC
Estates of James and Mary Bell
City of Columbus, Ohio
APPLICANT: Columbus Compact Corporation
DATE OF TEXT: 12/21/04
APPLICATION NUMBER: Z04-073
1. INTRODUCTION: The site is approximately .71 acres located on the west side of Cleveland Avenue approximately 192 feet north of 11th Avenue. Existing Zoning is ARO, and the site is located at the Four Corners Development. The land use to the north of the site is residential and the zoning is ARO; to the east is the proposed Clarence D. Lumpkin Point of Pride Building; to the South is the new State Farm Insurance Building, the "CrossTown" building, the Linden Transit Center, and a new community policing substation; to the west is the new headquarters of Columbus Metropolitan Housing Authority. Existing improvements to the site are four vacant houses and one partially demolished garage structure. Applicant proposes to rezone the property to permit the development of a 9,180 sq.ft. building for retail use in accordance with the objectives of the South Linden Area Plan and the mission of the Four Corners Vision Plan. A CPD Site plan is attached hereto and is hereby incorporated in this text. Use Restrictions are the same as those in the CPD completed for the Clarence D. Lumpkin Point of Pride project located at 940 E. 11th Avenue.
2. PERMITTED USES: Those uses permitted in Section 3356.03 (C-4 District) of the Columbus City Code. However, none of the following uses shall be permitted: Rooftop Telecommunications, Veterinarians, Dwelling units, Collection Agencies, Credit Bureaus, Document Preparation Services, Repossession Services, Temporary Help Services, Appliance Maintenance and Repair, Astrology, Fortune telling and Palm Reading, Crematory, Automobile and Light Truck Dealers, Automobile Driving Training Facility, Automotive Sales, Leasing and Rental, Bars, Cabarets and Nightclubs, Blood and Organ Banks, Community Food Pantry, Missions/Temporary Shelters, Pawn Brokers, Animal Shelter, Amusement Arcade, Halfway House.
3. DEVELOPMENT STANDARDS:
A. Density, Lot, and/or Setback Commitments:
1. Setbacks for the building and the parking shall be as depicted on the Site Plan. Lot coverages for parking and building shall be as depicted on the Site Plan.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments:
1. Access: The property shall be served by one (new) curb cut to be placed on Cleveland Avenue and by the Alley to the rear of the property.
2. Parking: The parking lot shall consist of 28 parking spaces, a reduction of 9 spaces from the 37 spaces required by code. This amount is nevertheless well in excess of the minimum of 19 spaces suggested by the Urban Commercial Overlay. Parking shall be permitted on the side and at the rear of the building.
3. Loading: A designated loading zone shall be located at the rear (west) side of the building.
4. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. As depicted on the Site Plan, a fence shall be constructed adjacent to the northern property line where it borders a residential use. The fence shall be six feet in height and will consist of board on board construction providing 100% opacity. The fence will be uniform in design, shape and height and will be painted or stained in a color that compliments the development. Existing mature shade trees on the northern property line will be left intact during construction.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
3. All trees meet the following minimum size at the time of planting: Shade trees 2 1/2" caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building Materials:
a. Except for window openings, the primary frontage of the building shall be a red brick veneer to a height of ten feet, eight inches (10' 8").
b. The northeastern frontage of the building shall be partly covered in brick veneer as follows: starting from easternmost corner of the building, the brick veneer shall extend for a minimum of ten feet (10') along the northeastern frontage of the building to a height of ten feet, eight inches (10' 8").
c. All other vertical exterior surfaces to be constructed of metal panel in a color that is complementary to the brick veneer.
E. Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Lighting:
a. Light standards shall not exceed 28 feet in height except lights located within 100 feet of a residentially used or zoned property shall not exceed 18 feet in height. Light poles and standards shall be the same color and shall be either gray, brown, bronze, dark bronze, blue or black.
b. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
c. For aesthetic compatibility, lights shall be from the same or similar manufacturer's type and color to insure compatibility.
d. Lighting shall not exceed .1 foot-candle along the property line of a residentially used or zoned property.
e. Accent lighting shall be permitted provided such light source is concealed.
f. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
F. Graphics and/or Signage Commitments.
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The subject site shall be developed in general conformance with the Site Plan. The Site Plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed. Any slight adjustment to the plan 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.
The following variances are requested for the project:
· Parking will be permitted on the side of the building.
· HVAC equipment shall be permitted on the side of the building. The proposed building and an existing fence on the southern boundary of the site will screen the HVAC equipment from sight from Cleveland Avenue.
· 42% of the frontage between 2 and 10 feet above the nearest sidewalk grade will be clear glass permitting a view of the building's interior to a minimum depth of four feet.
· No vertical visual elements or vertical piers to break the plane of the building frontage will be required.
· Dumpster will be located to the side of the building as requested by the Refuse Department. Dumpster will be screened with a board on board fence stained or painted in a color that complements the development. Additionally, the proposed building and an existing fence on the southern boundary of the site will screen the dumpster from sight from Cleveland Avenue.
· Fencing (for screening) on the northern property boundary will be a wooden fence that is six feet in height and consisting of board on board construction providing 100% opacity
· Reduction in the minimum required parking from 37 spaces to 28 spaces.
4. CPD REQUIREMENTS
A. Natural Environment:
The site is located in an urban neighborhood with dense residential and commercial development that includes street trees and other landscaping. Four mature shade trees on the northern lot line will remain on the site after demolition of the existing structures. Other trees will need to be removed.
B. Existing Land Use:
The existing land use is residential, and the site is improved with four vacant houses. Three of the houses have been vacant for over two years. The fourth has been vacant for nearly a year.
C. Transportation and Circulation:
The site is located on Cleveland Avenue, a four-lane thoroughfare with sidewalks on both sides. There are currently no curb-cuts. The Linden transit center is located within 200 feet of the site. A curb cut will be added on Cleveland Avenue to provide primary access to the site.
D. Visual form of Environment:
Demolition of the four vacant, boarded up houses and replacement with an attractive, new and vibrant retail use will enhance the visual environment. Brick facing on the primary frontage of the building will complement existing color and texture of exterior masonry materials currently present in the Four Corners environment.
E. View and Visibility
The construction of the proposed development and the installation of new landscaping will enhance the surrounding neighborhood.
F. Proposed Development
G. Behavior Patterns
The new development will support the Four Corners Master Plan by providing a complementary use that attracts customers that will support adjacent businesses. On-site patron parking will minimize the impact of the development on the residential uses to the north.
H. Emissions
Emissions generated for the use of this site will be minimal in nature and will not impact the surrounding environment.
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.