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File #: 0854-2013    Version:
Type: Ordinance Status: Passed
File created: 3/28/2013 In control: Zoning Committee
On agenda: 4/29/2013 Final action: 5/2/2013
Title: To rezone 51 PARSONS AVENUE (43215), being 0.29± acres located at the northeast corner of Parsons Avenue and Oak Street, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z12-071).
Attachments: 1. ORD#0854-2013attchments, 2. Notice Of Public Hearing - Council Mtg20130429
Explanation
 
Rezoning Application Z12-071
 
APPLICANT:  Matthew Mefferd; 49 Parsons Avenue; Columbus, OH 43215.
      
PROPOSED USE:  Expanding an Eating & Drinking establishment.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0-1) on February 14, 2013.
 
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant seeks a rezoning to allow
an eating and drinking establishment comprising more than 10,000 square feet as a permitted use in the
CPD District.  A portion of the ground floor of the building was retail and the CPD text would have to be
amended for an eating and drinking establishment to star occupying that space.  The applicant has
secured a parking agreement with a nearby institution which alleviates concerns of the Public Service
Department regarding parking.  Given this, Staff finds the proposal to be consistent with the development
and zoning patterns in the area.
   
 
Title
 
To rezone 51 PARSONS AVENUE (43215), being 0.29± acres located at the northeast corner of Parsons Avenue and Oak Street, From:  CPD, Commercial Planned Development District, To:  CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z12-071).
 
Body
 
WHEREAS, application #Z12-071 is on file with the Building and Zoning Services Department requesting rezoning of 0.29± acres from 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 Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes that this development will provide the minimum required bicycle parking; and
 
WHEREAS, the City Departments recommend approval of said zoning change rezoning to allow
an eating and drinking establishment comprising more than 10,000 square feet because the applicant has
 secured a parking agreement with a nearby institution which alleviates concerns of the Public Service
 Department regarding parking.  Given this, Staff finds the proposal to be consistent with the development
 and zoning patterns in the area; 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 to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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:
 
51 PARSONS AVENUE (43215), being 0.29± acres located at the northeast corner of Parsons Avenue and Oak Street, and being more particularly described as follows:
 
Legal Description:
 
Lots 14, 15, 16 & 17 of William Gill's Subdivision located on the west side of Parson's Avenue between Broad and Oak Streets (43-53 Parsons, 692 Oak Street and 684 Oak Street) and being more particularly described as follows:
 
Being all Lots Numbers Four (4), Five (5) and Six (6) of George Bellows' Subdivision of Outlots 68 and 69, as the same is shown of record in Plat Book 1, page 343, Recorder's Office, Franklin County, Ohio.
 
To Rezone From: CPD, Commercial Planned Development 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, "CPD SITE MAP FOR 51 PARSONS CPD - Z12-071," dated February 22, 2013, and text titled, "51 PARSONS AVENUE CPD TEXT," dated April 8, 2013, both signed by John Ingwersen, Architect, and the text reading as follows:
 
51 PARSONS AVENUE CPD TEXT
 
EXISTING DISTRICT: CPD - Commercial Planned Development
 
PROPOSED DISTRICT: CPD - Commercial Planned Development
 
OWNER: 49 Parsons Ave LLC; 49 Parsons Avenue; Columbus, OH 43215
 
APPLICANT: Matthew Wefford; 49 Parsons Avenue; Columbus, OH 43215
 
DATE OF TEXT: 4/8/13
 
APPLICATION NUMBER:  Z12-071
 
1. INTRODUCTION:
 
The subject site is located along Parsons Avenue, north of Oak Street and south of East Broad Street. The Site lies within the boundaries of the Near Eastside Area Commission and the Parsons Avenue / Olde Towne Quarter urban commercial overlay.
 
The site is occupied by two buildings, 43-53 Parsons Avenue, and 684 Oak Street, and is currently zoned under a CPD ordinance 1508-81, allowing continuing commercial uses on the first floors of the two existing buildings, and eight second floor apartments at the 43-53 Parsons Avenue Building. The site has a zero setback, access is by pedestrian sidewalk and curb drop-off.  This CPD text is being submitted to allow an eating and drinking establishment use to be extended to the 684 Oak Street Building, which has been a retail use.
 
2. PERMITTED USES:
(C.C.C.§ 3351.03) uses, including eating and drinking establishments that may occupy 10,000 square feet with a patio of 2804 square feet, and excluding Check Cashing, Laundromats and Rooftop
Communication Towers.
 
3. DEVELOPMENT STANDARDS:
Except as specified herein, the applicable development standards shall be as specified in
Chapter 3351, C-1 Neighborhood Commercial District.
 
A). Density, Height, Lot and/or Setback commitments:
1. Maintain existing zero setbacks on all sides, and existing height district of 35 feet.
 
B). Access, Loading, Parking and/or other Traffic related Commitments:
1. N/A
 
C). Buffering, Landscaping, Open Space and/or Screening Commitments:
1. N/A
 
D.) Building design and/or Exterior treatment commitments:
1. N/A
 
E). Dumpsters, Lighting and/or other environmental commitments:
1. N/A
 
F). Graphics and Signage commitments:
1. All graphics and signage shall comply with the Graphics Code, Article XV, title 33, of the Columbus City Code as it applies to the applicable Overlay. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
 
G) Miscellaneous Commitments:
 
The Property shall be developed in accordance with the Site Plan.  The Site Plan may be slightly adjusted to reflect engineering topographical or other site data developed at the time of development and when engineering plans are completed. Any slight adjustment to the Site Plan is subject to review and approval by the Director of the Department of Building and Zoning Services, or designee, upon submission of the appropriate data regarding the proposed adjustment.
 
H). Other CPD Requirements:
 
1. Natural Environment: The site is developed with existing storerooms, restaurant and bar and outdoor seating area on the ground floor. Basements are accessory to the ground floor occupancies, eight (8) apartments are located on the second floor of the 43-53 Parsons Avenue building, and an office area on the second floor of the 684 Oak Street building.
 
2. Existing Land Use: Commercial uses on the ground floors, eight (8) apartments on the
second floor of the 43-53 Parsons Avenue Building, and an office above the retail use in the 684 Oak Street building.
 
3. Transportation and Circulation: The site access will remain as currently situated. There is no onsite parking.
 
4. Visual Form of the Environment: The existing uses of the surrounding properties are:
 
North: apartment and office uses
East: parking lots, commercial and retail uses
South: Commercial and retail uses
West: I-71 freeway
 
5. View and Visibility: existing structures.
 
6. Proposed development: (C.C.C.§ 3351.03) uses, including eating and drinking
establishments that may occupy 10,000 square feet with a patio of 2804 square feet, and excluding Check Cashing,
Laundromats and Rooftop Communication Towers.
 
7. Behavior Patterns: Existing traffic flows will be maintained until such time as the I-71
interchange modifications are accomplished to the west of the site.
 
8. Emissions: No change to the character or level of emissions from the site.
 
I) Variances Requested:
 
1. Section 3351.03 to allow all existing buildings to be used for eating and drinking
Establishments
 
2. Section 3312.49 Minimum Number of Parking Spaces Required:
 
Current uses of the site calculate at:
 
Apartment use 8 units x 1.5 spaces. - 12
Retail use 5855 sq. ft. x 1space per 250 sq.ft. - 25
Eating and drinking 4060 sq. ft. x 1space per 75 sq. ft. - 55
Patio use 1804 sq. ft. x 1 space per 150 sq. ft. - 13
Total requirement by sq. ft - 105
25% UCO reduction  - ( 27)
Total current requirement ….78
Provided - 0
 
Proposed CPD uses under maximum allowable eating and drinking establishment use:
 
Apartment use 8 units x 1.5 spaces. - 12
Eating and drinking use 10,000 sq.ft.x1 space per 75 sq. ft. - 133
Patio use 2804 sq. ft. x 1 space per 150 sq. ft. - 19
Total required by sq. ft. - 164
25% UCO reduction - (41)
Total proposed  - 123
Provided - 0
 
Variance requested for 45 parking spaces.
 
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.