Explanation
Rezoning Application Z14-030
APPLICANT: Black Wilshire Ridgely LLC; c/o David Hodge; Smith & Hale LLC; 37 West Broad Street, Suite 460; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on September 11, 2014.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval on August 20, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a college book store and zoned in the CPD, Commercial Planned Development District. The site was rezoned in 1998 (Z97-082) to permit a college book store as the principle tenant. The requested CPD, Commercial Planned Development District will expand the permitted uses on the site. The site is within the planning area of the University Neighborhoods Revitalization Plan (1996), which recommends commercial/mixed use for this location. The University/High Street Development & Design Guidelines (2002) also contain relevant recommendations for this site, including building designs that contribute to a pedestrian-friendly frontage. The request is consistent with the Plan's land use recommendations and with the zoning and development pattern of the area.
Title
To rezone 1774 NORTH HIGH STREET (43202), being 0.58± acres located on the east side of North High Street, 73± feet south of Fourteenth Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z14-030).
Body
WHEREAS, application #Z14-030 is on file with the Department of Building and Zoning Services requesting rezoning of 0.58± 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 University Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the request is consistent with the land use recommendations of the University Neighborhoods Revitalization Plan (1996) and the University/High Street Development & Design Guidelines (2002) and with the zoning and development pattern of 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:
1774 NORTH HIGH STREET (43202), being 0.58± acres located on the east side of North High Street, 73± feet south of Fourteenth Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lot 18 and Part of Lots 14, 15, 16, 17 and 19 of "Anne D. Dennisons North High Street Addition", as the plat of same is of record in Plat Book 7, Pages 406 and 407, and being all of those tracts conveyed to Chesapeake Realty LP by deeds of record in Official Record 31661D07, and Instrument Number 199706090017261, Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at a cut cross in the easterly right-of-way line of North High Street (66 feet in width), that is located South 12 deg. 12' 55" East, a distance of 70.12 feet from the intersection of said right-of-way line with the southerly right-of-way line of East Fourteen Avenue (60 feet in width), said cut cross also being the southwesterly corner of the Spectrum Campus One Limited, LLC tract of record in Instrument Number 199803060052891;
Thence North 89 deg. 59' 05" East, along the southerly line of the Spectrum Campus One Limited, LLC tract, a distance of 191.64 feet, to an iron pin found in the westerly right-of-way line of Pearl Alley (20 feet in width);
Thence South 12 deg. 12' 55" East, along said right-of-way line of Pearl Alley, a distance of 182.05 feet, to an iron pin found at a northeasterly corner of the Oxford Campus One, LLC tract, of record in Instrument Number 200308260270194;
Thence South 89 deg. 59' 05" West, along the northerly line of said Oxford Campus One, LLC tract, to a distance of 112.99 feet, to an iron pin found at an angle point in said line;
Thence North 00 deg. 00' 55" West, along the easterly line of said Oxford Campus One, LLC tract and the easterly line of the Scott C. Ranney tract, of record in Official Record 2793101, a distance of 98.72 feet, to an iron pin set at the northeasterly corner of the Scott C. Ranney tract;
Thence South 89 deg. 59' 05" West, along the northerly line of the Scott C. Ranney tract, a distance of 100.00 feet, to a cut cross in the easterly right-of-way line of North High Street;
Thence North 12 deg. 12' 55" West, along said right-of-way line of North High Street, a distance of 81.05 feet to the point of beginning, containing 0.580 acre, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The Bearings contained herein are based on the same meridian as the bearing of the easterly right-of-way line of North High Street (North 12 deg. 12' 55" West), an assumed bearing.
To Rezone From: 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 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, "SITE PLAN," and text being titled, "TEXT," both signed by David Hodge, Attorney for the Applicant, dated September 19, 2014, and the text reading as follows:
TEXT
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 1778 North High Street
OWNER: Black Wilshire Ridgely LLC
APPLICANT: Black Wilshire Ridgely LLC
DATE OF TEXT: 9/19/14
APPLICATION: Z14-030
1. INTRODUCTION: The site was rezoned in 1998 (Z97-082) to permit a college book store as the principle tenant. The bookstore is no longer in business and the applicant needs to expand the permitted uses for this site to secure new tenants.
2. PERMITTED USES: Those uses permitted in Chapter 3356 (C-4, Commercial) of the Columbus City Code. The following uses shall not be permitted: public/private hospital, radio or television studio, communication towers, automotive sales, leasing and rentals and automotive maintenance and repair.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the submitted drawings or zoning text the applicable development standards of Chapter 3356 (C-4, Commercial) of the Columbus City Code shall apply.
A. Density, Height, Lot and/or Setback Requirements
1. The building and parking setbacks along High Street and Pearl Street shall be zero
B. Access, Loading, Parking and/or Traffic Related Commitments
1. The site will have access from Pearl Street.
C. Buffering, Landscaping, Open Space and/or Screening Commitments: N/A
D. Building Design and/or Interior-Exterior Treatment Commitments: N/A
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments: N/A
F. Graphics and Signage Commitments
1. Graphics shall be in conformance with Article 15 of the Columbus Graphics Code as it applies to the C-4 Commercial District. Any variance to the permitted graphics shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous
1. CPD Criteria
a) Natural Environment
The site is developed with existing buildings with parking off of Pearl Street. The proposed development will add activity to the High Street commercial corridor and serve the existing student population and other Columbus residents.
b) Existing Land Use
Restaurant, office, vacant space
c) Transportation and Circulation
The site shall have access to Pearl Street.
d) Visual Form of the Environment
The existing buildings have established the visual form of the site.
e) View and Visibility
The existing buildings have established visual corridor for the pedestrian and bicyclist.
f) Proposed Development
Commercial
g) Behavior Pattern
Existing development and traffic patterns will not change with the proposed development.
h) Emissions
The proposed development will not have an adverse effect on light, sounds, smell and dust levels.
2. Site Plan
The Subject Site 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 engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his or her designee upon submission of the appropriate data regarding the proposed adjustment.
3. Variance
Section 3312.49 Minimum number of parking spaces required: to reduce the required number of parking spaces to 17 as currently provided on the property.
Section 3312.29 Parking Space: to reduce the width of the parking spaces from 9 feet to 8.64 feet.
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.