Explanation
Rezoning Application: Z22-086
APPLICANT: RWOTE, LLC; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Mixed-use development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on February 9, 2023.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of three parcels developed with two parking lots in the CPD, Commercial Planned Development District and ARLD, Apartment Residential District. The applicant proposes the CPD, Commercial Planned Development District to permit a mixed-use development containing up to 3,000 square feet of commercial space, 51 apartment units, and a new parking lot. The CPD text establishes use restrictions and supplemental development standards addressing density, setbacks, site access, landscaping, building design, lighting, and graphics commitments. Included in the text are code modifications to building height, minimum number of parking spaces required, parking setback, vision clearance, and building design standards. Additionally, the text includes commitments to develop the site in accordance with the submitted site plan and building elevations. The western portion of the site is located within the boundaries of the Parsons Avenue/Olde Towne Quarter Urban Commercial Overlay, and a portion of the site is located within the boundaries of the Near East Area Plan (2005), which recommends “Higher Density Residential/ Mixed Use” land uses. The Plan also encourages higher residential densities designed such that they ensure an appropriate transition to lower densities in the surrounding neighborhood. The proposed mix of uses, building elevations that focus most intensity onto Parsons Avenue, and a site plan that demonstrates a buffer from neighboring residential uses to the east are all consistent with the Plan’s recommendations. Staff is also supportive of the requested parking reduction as the site is in an established urban area with access to multiple modes of transit consistent with Plan guidelines recommending a balance of parking with the need to maintain the area’s historic fabric. A concurrent Council variance (Ordinance #1005-2023; CV22-118) has been filed to permit ground-floor residential units and associated uses within the mixed-use development.
Title
To rezone 30 PARSONS AVE. (43215), being 0.67± acres located at the southeast corner of Parsons Avenue and East Capital Street, From: ARLD, Apartment Residential District and CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District (Rezoning #Z22-086).
Body
WHEREAS, application #Z22-086 is on file with the Department of Building and Zoning Services requesting rezoning of 0.67± acres from ARLD, Apartment Residential District and CPD, Commercial Planned Development District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Near East 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 will allow a mixed-use development that is consistent with the land use and design guideline recommendations of the Near East Area Plan; 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 #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
30 PARSONS AVE. (43215), being 0.67± acres located at the southeast corner of Parsons Avenue and East Capital Street, and being more particularly described as follows:
Parcel 1, Parcel No. 010-216928
Being situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lots 25, 26 and 27 of Samuel Bartlit's Amended Addition to the City of Columbus shown of record in Plat Book 2, page 170, Recorder's Office, Franklin County, Ohio. and being more particularly described as follows:
Commencing at a spike at the intersection of the original easterly Right-of-Way line of Parsons Avenue (49.50 feet wide), with the southerly Right-of-Way line of Capital Street (30 feet wide), said point being at the northwesterly comer of said Lot 25;
Thence, North 81 degrees 35 minutes 30 seconds East, along the southerly Right-of-Way line of said Capital Street (northerly line of said Lot 25), a distance of I 0.22 feet to an iron pin at the intersection of the present easterly Right-of-Way line of said Parsons Avenue, with the southerly Right-of-Way line of said Capital Street, and THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
Thence, North 81 degrees 35 minutes 30 seconds East, along the southerly Right-of-Way line of said Capital Street (northerly line of said Lot 25), a distance of 143.08 feet to an iron pin at the intersection of the southerly Right-of-Way line of said Capital Street, with the westerly Right-of- Way line of an Alley 25 feet wide, said point being at the northeasterly comer of said Lot 25;
Thence, South 3 degrees 30 minutes West, along the easterly line of said Lots 25 and 26 (westerly Right-of-Way line of said Alley 25 feet wide), a distance of 113.79 feet to an iron pin:
Thence, South 87 degrees 18 minutes 49 seconds West, across said Lot 26 and 27, a distance of
140.82 feet to an iron pin on the present Right-of-Way line of said Parsons Avenue;
Thence, North 3 degrees 30 minutes East, across said Lots 27, 26 and 25, and along the present easterly Right-of-Way line of said Parsons Avenue, a distance of 99.44 to the place of beginning, containing 0.34265 Acres (14,926 square feet), subject however to all easements and restrictions, of record. The basis of the bearings are from the City of Columbus datum.
Parcel 2, 010-004381
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being the west par of Lots Nos. 50 and 51, Samuel Bartlit’s Amended Subdivision, as the same is shown of record in Plat Book 2, Paige 170, Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the south line of Capital Street, said point being Westerly 139.48 feet from the intersection of said south line of Capital Street with the west line of Garfield Avenue; thence from said beginning point, southerly, across Lots Nos. 50 and 51, parallel with the West Line of Garfield Avenue, 72.36 ft. to a stake in the north line of Agate Alley; thence with the north line of Agate Alley, along the South Line of Lot No. 51, Westerly 54.31 ft. to a stake at the southwest corner of said lot and in the east line of 35 ft. alley; thence with the east line of said alley, along the West Line of Lots Nos. 51 and 50, northerly a distance of 62.6 ft., to a cross chiseled in the concrete at the intersection of said east line with the south line of Capital Street; thence with the south line of Capital Street, along the north line of Lot No. 50, Easterly a distance of 40.21 ft. to the place of beginning.
Parcel 3, 010-004453
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being the east part of Lots Nos. 50 and 51, Samuel Bartlit’s Amended Subdivision, as the same is shown of record in Plat Book 2, Paige 170, Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the West Line of Garfield Avenue, said point being the intersection of said West Line of Garfield Avenue and the South Line of Capital Street, marked by a stake, thence from a beginning pint Southerly across Lots Nos. 50 and 51; a distance of 101.68 feet to a cross chiseled in the concrete at the intersection of West Line with the North Line of Agate Alley, thence along the south line of Lot No. 51 Westerly a distance of 142.52 feet to a stake at the northeast corner of Agate Alley and land formerly conveyed in May 1951 by James W. Shocknessy to Herman B. Henry, thence northerly 72.35 feet to a point in the South Line of Capital Street marked by a nail in the fence at the southeast corner of Capital Street and land formerly conveyed in May 1951 by James W. Shocknessy to Herman B. Henry, thence easterly a distance of 139.48 feet to the place of beginning.
To Rezone From: ARLD, Apartment Residential District and CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of sixty (60) 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 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 plans being titled, “CPD SITE PLAN,” “SITE LAYOUT PLAN,” building elevations titled “ELEVATIONS, SHEETS 1-5,” and text titled, “COMMERCIAL PLANNED DEVELOPMENT TEXT,” all dated March 8, 2023, and signed by Eric Zartman, Attorney for the Applicant, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
Application: Z22-086
Address: 30 Parsons Avenue
Parcels: 010-216928, 010-004381, 010-004453
Property Size: +/- .67 acres
Current District: CPD and ARLD
Proposed District: CPD
Area Commission: Near East Area Commission
Owner(s): RWOTE, LLC and Community Housing Network, Inc.
Applicant: RWOTE, LLC c/o Brian Suiter
Attorney: David Hodge, Underhill & Hodge LLC
Date: March 8, 2023
I. Introduction: The project site partially sits on the location of the original Cumberland Flats Building (center image) which was designed by local architect, Mr. Herbert A. Linthwaite. Mr. Linthwaite designed many commercial and private buildings in Columbus, including buildings for the Peruna Company, the Central Ohio Paper Company and several private residences including the home belonging to Fred Lazarus, Sr. Mr. Linthwaite was a resident of Olde Towne East and owned a home located at 781 Franklin Avenue. This Applicant proposes a mixed use development called The Cumberland. The Cumberland's design takes its architectural cues from another one of Mr. Linthwaite's designs, the old Columbus Dispatch building, (upper right and right images) located at the northeast corner of North High Street and East Gay Street in downtown Columbus.
The site consists of three parcels located at the south-east corner of Parsons Avenue and East Capital Street. The site is currently zoned CPD and ARLD and used for surface parking lot. The property is located within the Near East Area Commission and the boundary of the Near East Area Plan. The Plan recommends higher density residential uses and mixed use development for the property. The Plan also identifies the site as the Parsons Avenue commercial district node. Lastly, the part of the site fronting Parsons Avenue is located within the Parsons Avenue Olde Towne Quarter Urban Commercial Overlay.
The Applicant proposes rezoning the property from CPD and ARLD to CPD to allow the development of the surface parking lots with a mixed-use commercial and residential development. The proposed development will provide up to 3,000 square feet of commercial use, up to 51 apartment units, and surface parking lot improvements.
II. Permitted Uses:
A. Those uses permitted within Section 3356.03, C-4, Permitted Uses, of the Columbus City Code shall be permitted.
B. This rezoning application is filed in companion with council variance application CV22-118 which requests to permit ground floor residential and accessory uses in the CPD district.
III. Development Standards: Unless otherwise indicated in this Text or on the submitted development plan (“CPD Site Plan”), the applicable development standards are contained in Chapter 3356, C-4 Commercial District of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Commitments:
1. The parcels proposed for the surface parking lot shall be combined.
2. The maximum number of apartment units shall be 51.
3. The maximum amount of commercial use shall be 3,000 square feet.
4. The maximum building height shall be 77 feet.
5. The minimum parking setback from South Garfield Avenue shall be 4 feet.
B. Access, Loading, Parking, and/or other Traffic Related Commitments:
1. Access shall be from Capital Street, Agate Alley, and the adjacent parking lot to the south, as depicted on the CPD Site Plan.
2. The minimum number of required parking spaces for the entire site shall be 65.
3. Use of the proposed surface parking lot located on a separate parcel from the proposed building shall be limited to serving the proposed developments uses.
C. Buffering, Landscaping, Open Space and/or Screening Commitments:
1. The perimeter parking lot screening for parcel 010-216928 shall permit a six-foot wood fence.
2. Interior parking lot trees shall not be required.
3. The perimeter parking lot screening shall not be required for the north, west, and south perimeters of the surface parking.
D. Building, Design, and/or Interior-Exterior Treatment Commitments:
1. Building, design, and exterior treatments shall substantially conform to the submitted Elevations.
2. The minimum amount of clear/non-tinted window glass between a height of two feet and ten feet shall be 37 percent for the Parsons Avenue façade and 31 percent for the East Capital Street facade for the first ten feet from Parsons Avenue.
E. Dumpsters, Lighting, Outdoor Areas, and/or other Environmental Commitments:
N/A.
F. Graphic and Signage Commitments:
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the C-4, Commercial District. Any variance to applicable sign standards shall be submitted to the Columbus Graphics Commission.
G. CPD Criteria:
1. Natural Environment. The site is a surface parking lot with no natural features.
2. Existing Land Use. The property is zoned CPD and ARLD and currently used as surface parking lots.
3. Transportation and Circulation. The site shall be accessed from East Capital Street, Agate Alley, and the adjacent parking lot to the south. The internal circuity shall be as shown on the submitted CPD Site Plan. The proposed surface parking lot located on a separate parcel from the proposed building shall be limited to serving only the proposed development.
4. Visual Form of the Environment. The environment is a mixed-use urban neighborhood. The proposed development will match the visual form of the neighborhood.
5. View and Visibility. The site is visible from East Capital Street and Parsons Avenue.
6. Proposed Development. The proposed development will provide up to 3,000 square feet of commercial uses permitted by Section 3356.03, up to 51 apartment units, and surface parking lot improvements.
7. Behavior Patterns. The site is along a commercial corridor and under an urban commercial overlay.
8. Emission. No adverse effect from emissions shall result from the proposed development.
H. Modification of Code Standards:
1. Section 3309.14 - Height district. This section shall be modified to allow a maximum building height of 77 feet.
2. Section 3312.49/3372.609, Minimum number of required parking spaces. These sections shall be modified to reduce the minimum number of required parking spaces for the entire site from 107 to 65. This calculation is based on the most intense possible uses of 3,000 square feet of restaurant without pickup use (30 required) and 51 apartment units (77 required).
3. Section 3312.21(A) - Interior parking lot landscaping. This section shall be modified to waive the requirement for interior surface parking lot trees.
4. Section 3312.21(B) - Perimeter parking lot screening. This section shall be modified to waive the requirement for perimeter parking lot screening for the north, west, and south perimeters of the surface parking lot.
5. 3312.27 - Parking setback line. This section shall be modified to reduce the minimum parking setback from South Garfield Avenue from 10 feet to 4 feet.
6. Section 3372.605(D) - Glass. This section shall be modified to reduce the minimum amount of clear/non-tinted window glass between a height of two feet and ten feet from 60 percent to 37 percent for the Parsons Avenue façade and 31 percent for the East Capital Street façade for the first ten feet from Parsons Avenue.
7. Section 3372.607(B) - Fence. This section shall be modified to permit a six-foot wood fence to satisfy the perimeter parking lot screening requirement for parcel 010-216928.
I. Miscellaneous Commitments:
1. The site shall be developed in accordance with the submitted site plan titled “CPD Site Plan,” excluding floor plans. The Site Plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the Site Plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
2. The buildings shall be constructed in accordance with the submitted building elevations titled, “Elevations”. The building elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development plan and when engineering and architectural drawings are completed. Any slight adjustments to the building elevations shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding proposed adjustment.
3. This rezoning application is filed in companion with council variance application CV22-118 which requests a variance to permit ground floor residential uses in a commercial planned development district.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.