Explanation
Rezoning Application: Z20-078
APPLICANT: Lykens Companies; c/o Dave Perry, Agent, David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on November 12, 2020.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.57 acre site consists of one parcel developed with a three-story mixed-use building containing 27 apartment units and 2,500 square feet of commercial space and a 1,900 square foot eating and drinking establishment in the CPD, Commercial Planned Development District as approved by Ordinance #3177-2017 (Z17-036) and Ordinance #3178-2017 (CV17-062). The existing zoning is comprised of three subareas with the mixed-use building in Subarea 1, the eating and drinking establishment in Subarea 2, and a former dwelling (recently demolished) that could have been repurposed for commercial use in Subarea 3. The requested CPD, Commercial Planned Development District reconfigures the size of Subarea 2 while maintaining Subarea 1 and the proposed uses of each subarea. The requested R-2F, Residential District replaces the CPD district in Subarea 3 to permit a new two-unit dwelling. The CPD text limits uses and includes development standards addressing height, access, and commitment to a site plan subject to final approval by Italian Village Commission. Modifications to code standards are included for building height, maneuvering, parking space size, access and circulation, vision clearance, maximum building setback, and landscaping and screening. The site is subject to the Italian Village Urban Commercial Overlay and the Short North Special Parking Area, and is located within the boundaries of the Italian Village East Redevelopment Plan (2000), which recommends “Commercial” uses for this location. The Plan also recommends a mix of uses along North Fourth Street and maintaining residential uses. The reduced development standards are supportable because they account for existing conditions and allow for improved site design, traffic circulation, and reuse of structures as an urban-infill site. A concurrent Council Variance (Ordinance #3239-2021; CV20-088) has been filed to permit an existing ground floor dwelling unit in Subarea 1, along with standard variances addressing lot width, lot area, and side yard requirements for the proposed two-unit dwelling.
Title
To rezone 875 N. 4TH ST. (43201), being 0.57± acres located at the northwest corner of North 4th Street and East 1st Avenue, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and R-2F, Residential District (Rezoning # Z20-078).
Body
WHEREAS, application # Z20-078 is on file with the Department of Building and Zoning Services requesting rezoning of 0.57± acres from M, Manufacturing District, to the CPD, Commercial Planned Development District and the R-2F, Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Italian Village Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the site has already been redeveloped as a mixed-use development, and this proposal will permit a two-unit structure where a historic dwelling (deemed beyond repair by the Italian Village Commission) once stood, thus supporting the Italian Village East Redevelopment Plan’s goals. The request is compatible with the established zoning and development patterns of the area; 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:
875 N. 4TH ST. (43201), being 0.57± acres located at the northwest corner of North 4th Street and East 1st Avenue, and being more particularly described as follows:
SUBAREA 1
CPD
0.318 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 18, 19, & 20 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
BEGINNING at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said northerly right of way line, also being the south line of said Lot 20, North 86°39’37” West, for a distance of 137.00 feet to a point at the intersection of said northerly right of way line and the easterly right of way line of an Alley (15 feet wide), and also being the southwest corner of said Lot 20;
Thence along said easterly right of way line, also being the west line of said Lots 19 & 20, North 08°17’23” West, for a distance of 92.53 feet to a point,
Thence leaving said easterly and west lines and across said Lots 18 & 19 for the following three (3) courses:
1) South 86°39’37” East, for a distance of 84.28 feet to a point;
2) North 03°20’23” East, for a distance of 28.64 feet to a point;
3) South 86°39’37” East, for a distance of 46.83 feet to a point on the westerly right of way line of said Fourth Street, also being the east line of said Lot 18;
Thence along said westerly right of way line and the east line of said Lots 18, 19, & 20, South 08°17’23” East, for a distance of 121.77 feet to the POINT OF BEGINNING.
Containing a total of 0.318 acres, more or less.
Being a 0.318 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
SUBAREA 2
CPD
0.188 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 17, 18, & 19 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
COMMENCING FOR REFERENCE at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said westerly right of way line, also being the east line of said Lots 18, 19, & 20, North 08°17’23” West, for a distance of 121.77 feet to THE TRUE POINT OF BEGINNING;
Thence leaving said westerly and east lines and across said Lots 18 & 19 for the following three (3) courses:
4) North 86°39’37” West, for a distance of 46.83 feet to a point;
5) South 03°20’23” West, for a distance of 28.64 feet to a point;
6) North 86°39’37” West, for a distance of 84.28 feet to a point on the easterly right of way line of an Alley (15 feet wide), also being the west line of said Lot 19;
Thence along said easterly line, also being the west line of said Lots 18 & 19, North 08°17’23” West, for a distance of 82.28 feet to a point;
Thence leaving said easterly and west lines and across said Lots 17 & 18 for the following five (5) courses:
1) South 86°39’37” East, for a distance of 57.50 feet to a point;
2) South 03°20’23” West, for a distance of 15.50 feet to a point;
3) South 86°39’37” East, for a distance of 21.43 feet to a point;
4) South 03°20’23” West, for a distance of 3.00 feet to a point;
5) South 86°39’37” East, for a distance of 61.88 feet to a point on the westerly right of way line of said Fourth Street, also being the east line of said Lot 18;
Thence along said east and westerly lines, South 08°17’23” East, for a distance of 34.15 feet to THE TRUE POINT OF BEGINNING;
Containing a total of 0.188 acres, more or less.
Being a 0.188 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
SUBAREA 3
R-2F
0.061 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 17 & 18 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
COMMENCING FOR REFERENCE at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said westerly right of way line, also being the east line of said Lots 18, 19, & 20, North 08°17’23” West, for a distance of 155.92 feet to THE TRUE POINT OF BEGINNING;
Thence leaving said westerly and east lines and across said Lots 17 & 18 for the following five (5) courses:
1) North 86°39’37” West, for a distance of 61.88 feet to a point;
2) North 03°20’23” East, for a distance of 3.00 feet to a point;
3) North 86°39’37” West, for a distance of 21.43 feet to a point;
4) North 03°20’23” East, for a distance of 15.50 feet to a point;
5) North 86°39’37” West, for a distance of 57.50 feet to a point on the easterly right of way line of an Alley (15 feet wide), also being the west line of said Lot 18;
Thence along said easterly and west lines, North 08°17’23” West, for a distance of 9.19 feet to a point at the southwest corner of a tract of land conveyed to Victor 901, LLC as recorded in Instrument Number 200712310221398;
Thence along the south line of said Victor 901, LLC tract, South 86°39’37” East, for a distance of 137.00 feet to a point at the southeast corner of said Victor 901, LLC tract, also being on the westerly right of way line of said Fourth Street, and also being the east line of said Lot 17;
Thence along said east and westerly lines, South 08°17’23” East, for a distance of 28.08 feet to THE TRUE POINT OF BEGINNING;
Containing a total of 0.061 acres, more or less.
Being a 0.061 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
To Rezone From: CPD, Commercial Planned Development District,
To: R-2F, Residential District
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development and R-2F, Residential districts 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, "875 - 889 N 4TH; ZONING DRAWING," and text titled, "DEVELOPMENT TEXT," both dated November 16, 2021, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
EXISTING DISTRICT: CPD, Commercial Planned Development
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 875 N. Fourth Street, Columbus, OH 43201
APPLICANT: Lykens Companies c/o Dave Perry, David Perry Company, Inc., 411 E. Town
Street, FL 1, Columbus, OH 43215 and Donald Plank, Plank Law Firm, 411 E. Town Street, FL 2, Columbus, OH 43215
OWNER: Blankenship Family LLC c/o Dave Perry, David Perry Company, Inc., 411 E. Town Street, FL 1, Columbus, OH 43215 and Donald Plank, Plank Law Firm, 411 E. Town Street, FL 2, Columbus, OH 43215
DATE OF TEXT: November 16, 2021
APPLICATION NUMBER: Z20-078
INTRODUCTION:
The site is 0.506 +/- acres located at the northwest corner of North Fourth Street and East First Avenue. The property is zoned CPD (Ordinance 3177-2017, Z17-036). Ordinance 3177-2017 established three (3) subareas for commercial development as specified, all subject to the specified CPD Site Plan. Applicant proposes to rezone the property to the CPD, Commercial Planned Development District (Subareas 1, 0.316 ac) and 2, 0.190 ac) and the R-2F, Residential District (Subarea 3, 0.061 ac). Subarea 1 is now developed with a multi-story building with ground level commercial uses, enclosed parking and upper floor apartments. Ordinance 3178-2017 (CV17-062) permits a ground level accessible dwelling unit in Subarea 1. Subarea 2 permits the reuse/change of use of the building in Subarea 2, as presently permitted, and the addition of a 450 SF seasonal patio. Subarea 3, to be rezoned to R-2F, Residential, is proposed for a two (2) dwelling unit building. The plan titled “875 - 889 North 4th, Zoning Drawing”, hereafter “Site Plan”, dated November 16, 2021, depicts the proposed site development. See CV20-088 also to permit one (1) ground level dwelling unit in Subarea 1, as approved with Z17-036, and variances to the R-2F District (Subarea 3).
SUBAREA 1 (0.316 ac):
1. PERMITTED USES: All uses of Section 3355.03, C-3, Permitted Uses, and the following uses of Section 3356.03, C-4 Permitted Uses: appliance stores; automotive sales, leasing, rental and parts, subject to no outside inventory, sales, display or car detailing; bars, cabarets and nightclubs; caterers; electronics stores; floor covering stores; furniture and home furnishings stores; general merchandise stores; home centers; lawn and garden equipment and supply stores; reupholster and furniture repair; sporting goods and outfitters; hotels; paint and wallpaper store; theaters, dance companies and dinner theater; subject to no outside sales or display of merchandise or inventory.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of the C-3, Commercial District, Chapter 3312, Off-Street Parking and Loading, Chapter 3321, General Site Development Standards, Italian Village Urban Commercial Overlay (UCO) and the Short North Special Parking Area of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
The permitted building height shall be 38 feet.
B. Access, Loading, Parking and/or Traffic Related Commitments.
N/A
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
See site plan and subject to approval of Italian Village Commission with final Certificate of Appropriateness.
D. Building design and/or Interior-Exterior treatment commitments.
Subject to approval of Italian Village Commission with final Certificate of Appropriateness.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
See site plan and subject to approval of Italian Village Commission with final Certificate of Appropriateness.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it
applies to the C-3, Commercial District. Any variance to the applicable sign requirements of the C-3, Commercial District shall be submitted to the Columbus Graphics Commission.
G. Code Modifications.
1. 3309.14, Height Districts, to increase the permitted height from 35’ (H-35) to 38’.
2. 3312.29, Parking Space, to reduce the width of parking spaces from 9 feet to 8.5 feet on Subarea 1 and to permit one (1) parking space to be divided by the property line of Subarea 1 and Subarea 2, thereby providing 6.3 +/- feet of the width of a parking space on Subarea 1 and 2.2 +/- feet on Subarea 2.
3. 3312.25, Maneuvering, to reduce maneuvering from 20’ to 2’ - 6’, as shown on the Site Plan, to permit maneuvering across a property line onto Subarea 2, both subject to applicable easements to provide code required maneuvering.
H. Miscellaneous.
1. Subarea 1 may be split to create a separate parcel. Applicable easements shall be provided if split.
2. The plan titled “875 - 889 North 4th, Zoning Drawing”, hereafter “Site Plan”, dated 11/16/2021 and signed 11/16/2021 by David B. Perry, agent and Donald Plank, attorney, depicts the site development. The site plan may be slightly adjusted to reflect engineering, architectural, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to any of the drawings shall be reviewed and may be approved by the Director of the Building and Zoning Services Department or his designee upon submission of the appropriate data regarding the proposed adjustment. Applicant anticipates splitting Subarea 2. Minor adjustments to dimensions based on survey may be needed.
SUBAREA 2 (0.190 ac):
1. PERMITTED USES: All uses of Section 3355.03, C-3, Permitted Uses, and the following uses of Section 3356.03, C-4 Permitted Uses: appliance stores; automotive sales, leasing, rental and parts, subject to no outside inventory, sales, display or car detailing; bars, cabarets and nightclubs; caterers; electronics stores; floor covering stores; furniture and home furnishings stores; general merchandise stores; home centers; lawn and garden equipment and supply stores; reupholster and furniture repair; sporting goods and outfitters; hotels; paint and wallpaper store; theaters, dance companies and dinner theater; subject to no outside sales or display of merchandise or inventory.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of the C-3, Commercial District, Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standards, the Italian Village Urban Commercial Overlay (UCO) and the Short North Special Parking Area of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
The building is existing and exceeds the allowable setback of the UCO.
B. Access, Loading, Parking and/or Traffic Related Commitments.
N/A
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
See site plan and subject to approval of Italian Village Commission with final Certificate of Appropriateness.
D. Building design and/or Interior-Exterior treatment commitments.
Alterations of the existing building subject to approval of Italian Village Commission with final Certificate of Appropriateness.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Environmental Commitments.
See site plan and subject to approval of Italian Village Commission with final Certificate of Appropriateness.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus Graphics Code, as it applies to the C-3, Commercial District. Any variance to the applicable sign requirements of the C-3, Commercial District shall be submitted to the Columbus Graphics Commission.
G. Code Modifications.
1. 3312.21(A)(C)(D), Landscaping and Screening, to reduce required interior parking lot trees from 2 trees to 1 tree; to not provide parking lot screening where adjacent to the R-2F area (Subarea 3) to the north; and to not provide a 4 foot wide landscaped area along the north property line also adjacent to the R-2F area (Subarea 3) to the north.
2. 3312.25, Maneuvering, to permit one (1) parking space to be divided by the future property line of Subarea 1 and 2, thereby dividing the maneuvering area on Subarea 1 and 2, subject to applicable easement(s) to provide code required maneuvering, and to reduce maneuvering area for two (2) parking spaces, thereby not providing independent maneuvering area for the interior space to permit stack parking, all as illustrated on the Site Plan.
3. 3312.29, Parking Space, to permit one (1) parking space to be divided by the property line of Subarea 1 and Subarea 2, thereby providing 6.3’ +/- and 2.2’ +/- of the parking space on Subarea 1 and Subarea 2, respectively.
4. 3312.41(B), Access and Circulation, to not provide a pedestrian sidewalk from the building to the N. Fourth public sidewalk, which is an existing condition with the existing parking field and there is no space to add a walk without eliminating parking, but a pedestrian walk is provided on the adjacent Subarea 3 that will serve pedestrian access for both Subarea 2 and 3.
5. 3321.05(B)(1), Vision Clearance, to reduce the 10’x10’ clear vision triangle for north side of the driveway on North Fourth Street to 5’ x 5’ to permit a parked car in part of the 10’x10’ clear vision triangle while N. Fourth Street is one-way north bound so site distance would be met with the south side of driveway 10’x10’ clear vision triangle.
6. 3372.604(A)(B), Setback Requirements, to increase the permitted maximum building setback from ten (10) feet to 77’ - 85’ feet on N. Fourth Street, and to permit the existing parking lot in front of the building, to conform the existing building and parking setbacks to the UCO, as depicted on the Site Plan.
H. Miscellaneous.
1. Subarea 2 may be split to create a separate parcel. Applicable easements shall be provided if split.
2. The plan titled “875 - 889 North 4th, Zoning Drawing”, hereafter “Site Plan”, dated 11/16/2021, hereafter “Site Plan”, dated 11/16/2021, and signed by David B. Perry, agent and Donald Plank, attorney, depicts the existing site development. The site plan may be slightly adjusted to reflect engineering, architectural, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to any of the drawings shall be reviewed and may be approved by the Director of the Building and Zoning Services Department or his designee upon submission of the appropriate data regarding the proposed adjustment. Applicant anticipates splitting Subarea 2. Minor adjustments to dimensions based on survey may be needed.
CPD Requirements for Subareas 1 and 2:
1. Natural Environment: The site for rezoning is 0.506 +/- acres with Subarea 1 and Subarea 2 being 0.49 +/- acres zoned to CPD and Subarea 3, 0.06+/- acre rezoned to the R-2F district.
2. Existing Land Use: Subarea 1, located at the northwest corner of N. Fourth Street and E. First Avenue has been developed with a new 3 story commercial and residential building with interior and exterior parking based on Z17-036. The existing commercial building on Subarea 2 has been retained and reused for commercial use(s). With approval of the Italian Village Commission, the house formerly located on Subarea 2 (Z17-036) has been razed. Subarea 3, to be rezoned to R-2F, will be redeveloped with a new two (2) dwelling unit building.
3. Circulation: Vehicular access shall be via a left in/left-out curbcut on North Fourth Street since North Fourth Street is one-way northbound, and there will be access to the parking garage on Subarea 1 from the alley abutting the site to the west.
4. Visual Form of the Environment: North Fourth Street is an arterial right of way providing northbound traffic flow from downtown, I-670 and Italian Village. There is extensive development on both sides of North Fourth Street.
5. Visibility: The site is visible from both North Fourth Street and East First Avenue.
6. Proposed Development: Two (2) commercial development areas are proposed on the parcel, as depicted on the Site Plan. Subarea 1 has been redeveloped with ground floor commercial use, enclosed and surface parking and 27 dwelling units, as permitted by Z17-036, including a ground level dwelling unit (CV20-088). Subarea 2 has an existing 1,900 +/- SF commercial building that has been remodeled and used for commercial uses (restaurant), based on Z17-036. Subareas 1 and 2 may be split to create separate parcels. Applicable easements shall be provided if split.
7. Behavior Patterns: Behavior patterns are illustrated on the Site Plan.
8. Emissions: Development will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.