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File #: 1172-2014    Version:
Type: Ordinance Status: Passed
File created: 5/14/2014 In control: Zoning Committee
On agenda: 6/9/2014 Final action: 6/11/2014
Title: To rezone 14-24 EAST HUDSON STREET (43201), being 0.38± acres located at the northwest corner of East Hudson Street and East Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z14-009).
Attachments: 1. ORD#1172-2014.Attachments, 2. Notice Of Public Hearing - Council Mtg20140609
Explanation
 
Rezoning Application Z14-009
 
APPLICANT:  S&Y Property, Inc.; c/o Jackson B. Reynolds, III; Smith & Hale, LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
      
PROPOSED USE:  Commercial development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on May 8, 2014.
 
UNIVERSITY AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval. The site is developed with a two story mixed use building and zoned in the CPD, Commercial Planned Development District. The requested CPD, Commercial Planned Development District updates the list of permitted uses within the CPD text, including a pizza pickup business, and commits to a site plan. A variance is included in the request to reduce the parking setback from ten (10) feet to five (5) feet along Hudson Street. With the proposed commitments within the CPD plan and text, the request remains consistent with the established zoning and development pattern of the area.
 
Title
 
To rezone 14-24 EAST HUDSON STREET (43201), being 0.38± acres located at the northwest corner of East Hudson Street and East Avenue, From: CPD, Commercial Planned Development District, To:  CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z14-009).
 
Body
 
WHEREAS, application #Z14-009 is on file with the Department of Building and Zoning Services requesting rezoning of 0.38± 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 requested CPD, Commercial Planned Development District remains consistent with the established 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:
 
14-24 EAST HUDSON STREET (43201), being 0.38± acres located at the northwest corner of East Hudson Street and East Avenue, and being more particularly described as follows:
 
Situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:
 
Being Lots Number Thirty-two (32), Thirty-three (33), and Thirty-four (34) and part of Lot Number Thirty-one (31) of Rhoads and Orlin's subdivision of Lots 24 to 19, inclusive, 44 to 33 inclusive, and Lot 100 of George Williams Amended Plat of his Northwood Heights Addition to the City of Columbus, Ohio, as said Lots 32, 33, 34 and 31 are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 140, Recorder's Office, Franklin County, Ohio.
 
That part of Lot Thirty-one (31) conveyed herein is more particularly described as follows:
 
Commencing at a drill hole in concrete foundation of post in the Southwest corner of said Lot No. 31;
 
Thence Easterly and along the South line of said Lot No. 31, measure a distance of 0.65 feet to a point of beginning of this description;
 
Thence Northerly and parallel to the West line of Lot No. 31, measure a distance of 0.10 feet to a point;
 
Thence in an Easterly direction, measure a distance of 86.85 feet to a point;
 
Thence Southerly and parallel to the West line of Lot No. 31, measure a distance of 0.90 feet in the South line of Lot No. 31;
 
Thence Westerly and along the South line of Lot No. 31, measure a distance of 86.85 feet to the place of beginning.
 
The foregoing is set forth in the judgment entry of the Franklin County Common Pleas Court Case No. 204093.
 
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, "SITE PLAN" and text titled, "CPD TEXT," dated May 12, 2014, and signed by Jackson B. Reynolds, Attorney for the Applicant, and the text reading as follows:  
 
CPD TEXT
 
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 14 - 24 East Hudson Street                        
OWNER: S & Y Property Inc.
APPLICANT: S & Y Property Inc.
DATE OF TEXT: 5/12/14
APPLICATION: Z14-009
 
1.  INTRODUCTION: The property was zoned CPD in 1994 (Z94-010) and the current owner and applicant is seeking to add some permitted uses to the existing list of uses to broaden the tenant mix within the existing building. There will be no changes to the site plan nor development standards under this rezoning request.
 
2.  PERMITTED USES:  Within the CPD, Commercial Planned District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for other than the following list of permitted uses.
 
Accounting and Bookkeeping Services
Advertising Services
Administrative and General Management Consulting Services
Architectural, Drafting, Engineering Graphic and Landscaping Services
Arts and Crafts sales
Art Studio
Applicant Sales and Service
Bakery - Without Seating
Barber Shop
Beauty Shop
Bicycle Repair Shop
Book Store
Camera, Photo Finishing and Photographic Supplies Store
Certified Public Accountants
China Store
Clinic
Clothes Pressing and Cleaning
Contractors
Coin and Stamp Dealers
Computer Disc, Music, Record and Video Store  
Custom Shop
Custom Tailor
Dance School
Deli - Without Seating
Drugstore
Dry Cleaning
Dry Goods or Notions Store
Florists
Food to Go (No Seating)
Furniture Sales
Game and Hobby Shop
Gift Shop
Hardware Store
Health Supplement and Personal Care Store
Ice Cream & Dairy Products Sale - Without Seating
Interior Design Services
Jewelry Store
Lawyers and Legal Services
Locksmith
Luggage and Leather Goods Sales and Repair
Meat Market
Men's, Women's and Children's Ready to Wear
Millinery
Music Store
Newspaper Substation
Offices
Photography Studio
Photography Supplies
Pizza Pickup
Plumbing Shop
Real Estate Agents and Brokers
Recording Studio
Retail Electronic Store
Shoe Repair Shop
Shoe Store
Surveying and Mapping Services
Tax Preparation Services
Title Abstract and Settlement
Tour Operators
Upholstery Sales and Shop
Window Treatments
 
3.  DEVELOPMENT STANDARDS:  
 
A.  Density, Height, Lot and/or Setback Requirements
 
1.  Unless otherwise indicated in the submitted site plan or in the written text, the applicable development standards shall be those standards contained Chapter 3356, C-4, Commercial, of the Columbus City Code.  
 
2.  The property was developed in accordance with the attached site plan.  Any slight adjustment to the site plan to reflect engineering, topographical or site data developed at the time of final development plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
3.  Should the property redevelop in the future the Urban Commercial overlay standards found in Section 3372.601 shall apply to the site for any new construction or reconfiguration of the building or parking on the property.
 
B.  Access, Loading, Parking and/or Traffic Related Commitments
 
1.  As shown on the site plan, vehicular access shall be from East Avenue and the first alley east of High Street.  East Avenue shall be the main entrance and is aligned to emphasize the accessibility of Hudson Street to the south.  The location of access points has the approval of the Department of Public Service.  Internal circulation shall be as shown on the site plan.
 
2.  The parking layout is shown on the site plan, but this layout may be revised in terms of layout and striping.  The number of required parking spaces to be reduced by 11 spaces, from 31 to 20.  
 
3.  Curbcuts as shown on the site plan. No curbcut on Hudson Street.  Seven (7) parking spaces to be reserved for residential use after 6:00 p.m.
 
C.  Buffering, Landscaping, Open Space and/or Screening Commitments
 
1.  A uniform painted fence treatment shall be required parallel to the north property line of this district.  Fence to be 6 feet high consisting of wood, board and board material and construction.  Landscaping to be maintained in a healthy state.  Street trees (four) to be included in right of way.  
 
D.  Building Design and/or Interior-Exterior Treatment Commitments
 
1.  Building will be a two story building, six residential units on second floor and commercial uses on first floor occupying approximately 4990 square feet.   Building will be of brick and ornamental shingles will be utilized on the roof area.  Vertical windows on southside lower level.  Double hung windows on second floor.  Ornamental dormers on southside.  Residential look on eastside and westside with windows on 1st and 2nd level.  Structures shall have a height limitation not to exceed thirty-five (35) feet.
 
E.  Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments: N/A
 
F.  Graphics and Signage Commitments
 
1.  Size, location, style and color are to be within the restraints established by the owner, not to exceed the graphics permitted on property zoned CPD, Commercial, in the City of Columbus.  
 
Only internally illuminated uniform size signs will be utilized with one for each tenant and subject to the requirements of the City of Columbus Graphics Code.
 
G.  Miscellaneous: N/A
 
Variances
 
1.  CCC 3312.27(4) - To reduce the parking setback from 10' to 5'' along Hudson Street (a reduction of 5').
 
H.  CPD Requirements
 
a.  Natural Environment
 
The property is located west of East Avenue, north of Hudson Street.  The site is vacant with no landscaping and gravel surface.
 
b.  Existing Land Use
 
The property is currently zoned CPD.  This proposal permits modifications to the existing use list and the existing building and parking configuration remains the same.
 
c.  Environment
 
East Hudson Street is a major east/west arterial which runs from Neil Avenue through to Cleveland Avenue and is lined with numerous high intensity commercial uses.  East Avenue, regardless of its classification, serves as a residential collector.  The street treatment proposed on Hudson Street will create the most aesthetically pleasing segment on all of East Hudson Street.
 
d.  Visual Form
 
The architectural effort and result is to reduce the scale of the structure on the east side using a considerable setback, mounding, vegetation and other means of view interruption, offset building lines and façade features.  The effect will be pleasing and infinitely better than most on East Avenue.
 
e.  Visibility and Safety
 
The structure is a considerable distance from Hudson Street and, with the building for the most part facing the parking lots, the visibility will be unbroken.  Consideration has been given to the visibility and safety and the site plan is a direct result thereof.  Well defined access points, uniform appearance and shops facing the parking lot will greatly enhance the visibility and safety.
 
f.  Behavior Patterns
 
The part of East Avenue here involved functions primarily as a part of a larger residential development stretching a considerable distance on both sides of East Avenue to the north and south.  The structure provides both residential and commercial service to the considerable areas to the north and south.
 
The facility services the same customer population and would draw few, if any, additional people to the area.  The proposal functions as an independent commercial strip.  The development will be from an aesthetic standpoint, a considerable upgrading comparable design improvement to the area.  
 
g.  Emissions
 
In view of the intension of land use on East Avenue and Hudson Street there will be no relevant increase of or addition to emissions.
 
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.