Explanation
Rezoning Amendment Z93-052B
Ordinance #822-94 (Z93-52A), passed April 25, 1994, rezoned 0.47+ acres located at 761 East Long Street from R-2F, Residential District to CPD, Commercial Planned Development District to permit a 46-space surface parking lot. The rezoning established the sole use of the property as a parking lot, and contains development standards in accordance with a CPD text and a registered site plan, including a requirement that the spaces be leased for a minimum of 50 years for use by the adjacent Lincoln Theater or its successors. The applicant must amend the CPD text and site plan to accommodate the planned expansion of the Lincoln Theater onto this property. This legislation will amend Ordinance #822-94 (Z93-52A), passed April 25, 1994, by repealing Section 3 in its entirety and replacing it with a new Section 3 thereby modifying the CPD text and site plan to allow reconfiguration of the parking lot and expansion of the Lincoln Theater onto the eastern portion of the site. As part of the approval for the theater expansion, Ordinance #1242-93 will also be amended (Ordinance #0909-2007, CV91-0046B), to allow expansion of the Lincoln Theater in the R-2F, Residential District. To simplify any future development projects for the theater site and adjacent parking lot, a follow-up rezoning application to the CPD, Commercial Planned Development District will be filed for both sites within one year of the effective date of this legislation.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #822-94 (Z93-52A), passed April 25, 1994, for property located at 761 EAST LONG STREET (43203), by repealing Section 3 and replacing it with a new Section 3 thereby modifying the CPD text and site plan to allow reconfiguration of the parking lot and expansion of the Lincoln Theater onto the eastern portion of the site (Rezoning Amendment Z93-052B).
Body
WHEREAS, Ordinance #822-94 (Z93-52A), passed April 25, 1994, rezoned 0.47+ acres located at 761 East Long Street from R-2F, Residential District to CPD, Commercial Planned Development District to permit a 46-space surface parking lot; and
WHEREAS, that rezoning established specific development standards and use restrictions in accordance with a CPD text and a registered site plan; and
WHEREAS, it is necessary to modify the CPD text and site plan requirements of Ordinance #822-94 (Z93-52A), passed April 25, 1994, to allow reconfiguration of the parking lot and expansion of the Lincoln Theater onto the eastern portion of the site; and
WHEREAS, the modified parking lot design has been approved by the the Near East Area Commission; and
WHEREAS, the modified parking lot design has been reviewed and approved by the Transportation Division; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That existing Section 3 of Ordinance #822-94 (Z93-52A), passed April 25, 1994, be hereby repealed and replaced by a new Section 3 and reading as follows:
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 official zoning map in the office of the Building services Division and shall register a copy of the approved CPD 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, "CPD DEVELOPMENT PLAN," and said text being titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Larry James, Attorney for the Applicant, dated May 31, 2007, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
761 EAST LONG STREET
SURFACE PARKING LOT
COMMERCIAL PLANNED DEVELOPMENT TEXT
761 East Long Street, Columbus, Ohio 43203
0.47+ Acres
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 761 East Long Street
OWNER: City of Columbus, Attn: Keena Smith, 50 W. Gay Street, Columbus, Ohio, 43215.
APPLICANT: City of Columbus, c/o CRABBE, BROWN & JAMES, LLP, Laura MacGregor Comek Esq. & Larry James Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, lcomek@cbjlawyers.com
DATE OF TEXT: May 31, 2007
APPLICATION NUMBER: Z93-052(B)
1. INTRODUCTION:
The subject property ("Site") is located along East Long Street, East of Hamilton Avenue and immediately west of the Lincoln Theatre and Garfield Avenue. The Site is an existing parking lot zoned CPD, Commercial Planned Development district, by Application Z93-052A (Ordinance No.: 822-94). That rezoning followed several council variances established for use of the parking lot by and for the adjacent Lincoln Theatre, due to the lot's rezoning from C-4 to R2F via the 1974 Model Cities rezoning (Z73-197).
The historic Lincoln Theatre was built in 1928, and was also down-zoned from C-4 to R2F as part of the 1974 Model Cities rezoning, thereby classifying the use of the structure as non-conforming. The first of several council variances, CV91-046, included both the Theatre and this parking lot. Since the passage of that C.V., the Theatre and parking lot have been essentially separated (the parking lot is zoned CPD and the Theatre remains R2F with approved variances), but they are tied together by conditions that the parking lot be used as the Theatre's primary parking source via a long-term lease agreement. This CPD Development Text is being amended as a result of the City of Columbus's acquisition of the properties and for anticipated renovation and expansion of the adjacent Theatre. The still-effective council variance (CV91-0046(B)) is also being amended concurrent with this filing to update its provisions in preparation for the renovation and expansion. Thereafter, a CPD rezoning application will be filed to combine the Theatre and parking lot as one commercial development. Until that time, there will be a slight overlap/encroachment of the Theatre onto the CPD site, due to the proposed building expansion. Permitted uses and certain variances for that temporary encroachment of the building expansion area are included in this Text, so as to eliminate any potential non-compliance resulting from same.
The intent of the prior ordinances will be upheld through these concurrent amendment filings, which must be updated and revised to facilitate the City's plans for the Theatre, which has not been used as a Theatre for many years. Current Building and Zoning Code requirements preclude functional use of the Theatre in its current condition.
The Site lies within the boundaries of the Near East Area Commission, the Urban Commercial Overlay, and the I-670 Graphics Control Area.
2. PERMITTED USES: A minimum 18-space commercial parking lot is permitted for the existing 0.47-acre CPD tract.
Also permitted, for a period not to exceed one year from the effective date of this ordinance, is the temporary encroachment of the Theatre's building expansion area onto the CPD site, until such time as both parcels are joined together by one CPD rezoning, and described in the Introduction, above. The Theatre building, being a mixed-use commercial structure, is permitted to include any uses of the C-4, Commercial District (§3356.03), except for the following uses which are specifically prohibited:
Prohibited Uses: Automotive accessories, parts, and tire stores; Automotive and light truck dealers; Automotive driving training facility; Automotive sales, leasing and rental; Bars, cabarets and nightclubs; Blood and organ banks; Check cashing and loans; Community food pantry; Home centers; Missions/Temporary shelters; Motorcycle, boat and other motor vehicle dealers; Motor vehicle accessories and parts dealers; Outdoor power equipment stores; Pawn brokers; Recreational vehicle dealers; Supermarkets; Truck, utility trailer, and RV sales, rental and leasing; Warehouse clubs and super centers; Automotive maintenance and repair; Bowling centers; Drive-in motion picture theaters; Exterminating and pest control services; Farm equipment and supply stores; Garden, landscaping, and nursery centers and sales; Hotels and motels; Hospitals; Janitorial services; Animal Shelters; Halfway houses; Veterinarians (unlimited practice); Dwelling units, as allowed under C.C. §3356.05).
1. Permitted Uses
A minimum forty-six (46) space surface parking lot.
3. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards shall be as specified in C.C.C. Chapter 3356, C-4 Commercial District, and §3372.6, et seq., Urban Commercial Overlay.
A. Density, Height, Lot and/or Setback Commitments.
1. Building and Parking/Paving Setbacks for Parking Lot: The Building setback shall be zero (0) feet and the minimum parking setback shall be five (5) feet, as depicted on the attached Site Plan.
2. The Building Setback for the Theatre expansion/encroachment shall be a maximum of 24.5" from the front property line.
B. Access, Loading, Parking and/or Other Traffic-Related Commitments.
1. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Transportation Division.
2. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be via East Long Street. The existing curb cut shall be removed and relocated further west along the Site's Long Street frontage, so as not to create interference within the lot between vehicular access and pedestrian access to the new building entrance, to be located on the west side of the building as part of the building expansion. Relocation of the curb cut shall be as approved by the City's Transportation Division.
3. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements, as applicable, are provided to insure the function of shared driveways and aisles.
4. Shared access shall be provided to the adjacent condominium property to the west, as shown on the submitted site plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The parking lot shall have headlight screening parallel to the frontage, with a minimum height of 36 inches as measured from the elevation of the nearest section of the adjacent parking area. Headlight screening may be in the form of an evergreen hedge, earthen mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
2. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5-6 feet. The minimum size of shrubs shall be two (2) gallons. Caliper shall be measured 6 inches above grade.
4. Loading/service areas shall be screened from off-site view, as necessary, to a minimum height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level.
2. Building materials shall be brick, concrete, stone, EIFS, metal, glass, synthetic stone, or a combination thereof.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of eighteen (18) feet in height.
4. Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
5. All lighting shall be positioned as to not be directed toward any surrounding residential properties.
F. Miscellaneous Commitments.
The Site shall be developed in accordance with the attached CPD Site Plan. The CPD Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time the development and engineering plans are completed. Any slight adjustment to the plan must be reviewed and approved by the director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
G. CPD Requirements.
1. Natural Environment. The parking lot, as it currently exists, contains 46 parking spaces and is situated in an urban commercial corridor. The adjacent Lincoln Theatre structure has existed since 1928. The theatre structure has remained vacant for many years, while the parking lot has been used during the day for public parking. The renovation and expansion will significantly improve the quality of the natural environment.
3. Natural Environment
Except for an approximate 611 sq. ft. occupied structure, the site of approximately 20, 298 sq ft. is currently vacant. The building will be razed after the tenant is relocated into an adjacent Lincoln Theater retail space. The land is flat and the site is not situated in a westland or flood plain area. Drainage and run-offs will be addressed at the time that final development and engineering plans are completed and subsequently approved by the Division of Sewerage and Drainage.
2. Existing Land Use.
The Site consists of an existing parking lot.
2. Existing Land Uses
According to City Council Ordinance CV92-093A passed May 24, 1993, the City of Columbus will develop a 46 space surface parking lot according to variance permitting that use. The variance permits the use of gravel only until June 30, 1994. After which time and as of July 1, 1994, hard surfacing is required in accordance with Chapter 3342 of the Columbus Zoning Code.
3. Transportation and Circulation.
The Site will be accessed from East Long Street, and will be developed to provide good internal traffic circulation.
4. Transportation and Circulation Facilities
Current access to the site from the north is from East Long Street and south from Boone Street. Site plan intends to create a 24' entrance immediately west of the Lincoln Theater. This entrance will continue southerly to Boone Street. Two additional access points from Boone Street will provide circular traffic flow. The site will comply with all City requirements for parking and maneuverability as approved by Traffic Engineering and Parking and Chapter 3342 of Columbus Zoning Code.
The existing uses/zoning of the surrounding properties are as follows:
West: Vacant commercial structures, contemplated for future condominium development, and single-family residential across Hamilton Avenue to the west
North: City-owned parking lot zoned CPD (as referenced above in Section 3(B)(4) of this Text), and vacant land zoned C-4
East: Vacant commercial structures on land zoned R2F, and multi-family residential structure zoned R2F
South: Single- and multi-family residential structures (zoned R2F and LARO, respectively), as well as a vacant parcel owned by the City of Columbus, immediately south of the theatre site, to be integrated into the Theatre's renovation.
5. Visual Form of the Environment
Several lots north of th site across Long Street are currently vacant. The Lincoln Theater is immediately east, and apartments to the south are across Boone Street. A commercial building and a large apartment complex are to the west of the site.
5. View and Visibility.
Significant consideration has been given to visibility and safety issues.
6. View and Visibility
The development of the parking lot and proposed access points will consider the visibility and safety of motorists and pedestrians as approved by Traffic, Engineering and Parking meeting the provisions of Chapter 3342 of the Columbus Zoning Code.
6. Proposed Development.
The Proposed Development will provide for renovation, expansion, and overall improvement of the existing Lincoln Theatre structure, adjacent to the east of this Site, and together will revitalize the historic use of the properties.
7. Proposed Development
To construct and lease a 46 space surface parking lot on approximately 20,298 sq. ft. of land owned by the City of Columbus. Site lighting will incorporate parking and security lighting fixtures consistent with the site plan. Final plans will indicate fixtures to prevent glare on neighboring properties in accordance with Section 3342.12 of Columbus Zoning Code. City utilities are available at the site.
7. Behavior Patterns.
East Long Street is a one-way street with traffic moving east, and provides access from Downtown through the Near East Side. This particular portion of East Long Street provides a mix of residential and commercial uses for the neighborhood.
8. Behavior Patterns
East Long Street is a major east-west existing arterial between Garfield Avenue and the downtown area. East-West Boone Street is used primarily by residents of the nearby buildings. The proposed ingress-egress from Boone Street will increase traffic in that area only in times of events scheduled at the theater. When not in use, the parking lot will be secured at access points with posts and chains. The responsibility to secure the parking lot will be incumbent upon the lessee.
8. Emissions.
There will be no emissions from the proposed uses.
9. Emissions
The emissions from the proposed development will be no greater than the existing levels of light, sounds, smells and dust in the area, and will present no adverse effect on the community at large.
H. Variances Requested.
Most of the variances necessary for this parking lot have been approved via the previous ordinances referenced in the Introduction, above. The variances listed in Items 1 and 2, below, were previously approved and/or represent modifications to previously-approved variances, and are included herein to ensure they remain in effect for the Site. The additional variances in Item 3 are included for the portion of the adjacent Theatre's building expansion area, which will temporarily encroach upon the CPD site, until future rezoning as detailed in the Introduction of this Text.
1. Variances from §3342.17 (Parking Lot Screening) and §3342.17, to allow the following reduced screening components for the parking lot:
a). No screening on east side of parking lot, because it abuts the Theatre (zoned R-2F).
b). No screening on the south side of the lot, to allow adequate vision clearance for vehicles exiting the parking lot via Boone Street (rear Alley).
c). A reduced screening height of 3 feet for the west side of the parking lot.
The above-listed variances necessitate a variance not only from §3342.17, but also from §3372.611(I) of the Urban Commercial Overlay Standards, which Section contains parking lot screening requirements in excess of §3342.17.
2. Applicant requests approval for a total of 18 onsite parking spaces, rather than the 46 spaces previously permitted for the site. While this is not a variance from the total Code-required parking (due to the existing CPD which allows 46 spaces), it is considered a further reduction of that prior approval.
3. Variances necessary for the temporary Theatre expansion/encroachment area on this CPD Site:
a). Variance from §3372.609, Setback Requirements, to allow a maximum building setback of 24.5 feet for the proposed public/private setback zone area, in excess of the 15-foot setback allowed by the Urban Commercial Overlay standards. While the main Theatre building on the adjacent R-2F parcel bears a Code-compliant zero (0) setback, the building expansion area will be recessed further back on the property.
b). Variance from §3372.611(B), Design Standards, to vary the requirement that the primary building frontage include vertical piers or other visual elements to break the plane of the building frontage. The portion of the building which will encroach the CPD site is a mere portion of the overall Theatre building, and cannot comply with this requirement in-and-of itself. Further, the same variance is requested for the historic Theatre building in the companion council variance amendment, since the historic façade of the building is being repaired and maintained, so as not to diminish the historic significance of the Theatre's façade.
c). Variance from §3372.611(C), Design Standards, to vary the requirement that 60% of the front façade consist of window glass between 2-10 feet above sidewalk grade. While most of the expansion's front façade will consist predominately of glass, there are other architectural components to the expansion which may preclude full compliance with this Section.
10. Applicable Development Standards
The following development standards relative to CPD surface parking lot zoning shall apply to the site.
A. Signage
All signage shall meet the requirements of Article 15 of the Columbus Zoning Code relative to the CPD Commercial Planned Development District. Identification signs will be erected on premises regarding uses and traffic flow on and off the site.
B. Setbacks
Setbacks as per attached site plan.
C. Landscaping
The subject site will be landscaped with plantings, walls and decorative wrought iron fencing in the setbacks between the Lincoln Theater and the commercial buildings and on Boone Street according to site plan.
D. An area known as the Gateway to be located at the Long Street western entrance to the parking lot will consist of concrete pathway and plantings which will coordinate with the rest of the designed landscaping.
An historic marker, four feet in height and ten feet in length will be erected in the gateway area. The marker will be angled so as not to impair visibility of vehicular and pedestrian traffic on Long Street and ingress and egress from the parking lot.
E. Final layout, location of curb cuts and traffic pattern may be subject to minor modification at the time of final engineering upon approval of the Division of Traffic Engineering and Parking.
F. Screening shall consist of materials indicated on the site plan.
Miscellaneous Development Standards
1. Minimum forty-six (46) space parking lot meeting all applicable standards of Chapter 3342. However, the hard surface requirement of Section 3342.24 shall be waived through a period ending June 30, 1994.
Prior to construction of the parking lot, the existing building located on lot 111, shall be entirely razed.
2. The minimum 46 space constituting the parking lot shall be leased for a minimum of 50 years for usythe Lincoln Theater or its successors.
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SECTION 2. That this ordinance is further conditioned on a parking agreement to supplement off-site parking for usage by the Lincoln Theater, to be finalized prior to the issuance of Zoning Clearance. That parking agreement will be made with the Broad Street Presbyterian Church, and/or other nearby locations with available parking, and is subject to review and approval by the City of Columbus Transportation Division.
SECTION 3. That this ordinance is further conditioned on lot split approval of tax parcel #010-021285 to split the portion of the parcel developed with the theater and combine it with tax parcel #010-006805 prior to the issuance of Zoning Clearance.
SECTION 4. That this ordinance is further conditioned on the applicant filing, within one year of the effective date of this ordinance, a rezoning application with Building Services Division to rezone this site and the R-2F, Residential District to the immediate east to a consolidated CPD, Commercial Planned Development District.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.