Explanation
Rezoning Application Z17-019
APPLICANT: Brian Daniel; c/o Sean Mentel, Atty.; 100 South Fourth Street, Suite 100; Columbus, OH 43215.
PROPOSED USE: Eating and drinking establishment.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-1) on September 14th, 2017.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is currently developed with a nonconforming bar and patio and a single-unit dwelling with a detached garage zoned in the R-2, Residential District. The requested CPD, Commercial Planned Development District will permit the conversion of the first floor of the dwelling into a restaurant with outdoor dining while maintaining the bar, patio, and parking lot. The patio for the existing bar was approved under a Special Permit (BZA15-122). The site is within the planning area of the Scioto Southland Plan (2007), which recommends “mixed-use regional commercial” uses for this location. The CPD text commits to use restrictions, setbacks, traffic access, buffering and screening, and a site plan. The proposal also includes variances to reduce the minimum required number of parking spaces, and to carry over existing nonconforming conditions for landscaping and screening while supplementing the landscaping as shown on the site plan. With the landscaping proposed, the request is consistent with the zoning and development pattern of the area.
Title
To rezone 176 RUMSEY ROAD (43207), being 0.56± acres located at the northeast corner of Rumsey Road and Sixth Street, From: R-2, Residential District, To: CPD, Commercial Planned Development District (Rezoning # Z17-019) and to declare an emergency.
Body
WHEREAS, application No. Z17-019 is on file with the Department of Building and Zoning Services requesting rezoning of 0.56± acres from R-2, Residential District, to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will conform existing conditions on the site and permit an eating and drinking establishment that is consistent with the “mixed-use regional commercial” recommendation of the Scioto Southland Plan, and includes a commitment to a site plan with landscaping that is compatible with development patterns in the area;
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:
176 RUMSEY ROAD (43207), being 0.56± acres located at the northeast corner of Rumsey Road and Sixth Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number One Hundred Forty-five (145) of THE HOME ACRES ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 16, Page 23, Recorder’s Office, Franklin County, Ohio.
Parcel No: 010-113981
To Rezone From: R-2, Residential 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, “THE OLD LANDMARK,” and text titled, “DEVELOPMENT TEXT,” both dated September 20, 2017, and signed by Sean A. Mentel, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
0.56 ACRES
EXISTING DISTRICTS: R-2, Residential District
PROPOSED DISTRICT: CPD, Commercial Planned Development District - Height H-35
PROPERTY ADDRESS: 176 Rumsey Road, Columbus, Ohio 43207
OWNER: Brian Daniel, 176 Rumsey Road, Columbus, Ohio 43207
APPLICANT: Brian Daniel, 176 Rumsey Road, Columbus, Ohio 43207
DATE OF TEXT: September 20, 2017
APPLICATION NUMBER: Z17-019
1. INTRODUCTION: The +0.56 acre subject property is located at the corner of Rumsey Road and South Sixth Street and is zoned in the R-2, Residential District. The surrounding properties consist of a single-family dwelling to the West, a vacant field to the North, a vacant lot to the East and a lumber yard to the South. The site is within the boundaries of the Far South Columbus Area Commission.
The site is currently developed with a non-conforming bar, the “Old Landmark,” with a patio expanded by a special permit granted in 2015. The “Old Landmark” was built in the 1940’s and became a legal non-conforming use in 1958 when the property was zoned R-2. There is also a vacant single-family residential dwelling and a detached garage located on the site.
The Applicant proposes to maintain the existing non-conforming use of the “Old Landmark” and patio, as well as the non-conforming parking lot, while converting the first floor of the vacant single-family dwelling into a pizza shop with an outdoor patio. The conversion to a pizza shop would add approximately 675 square feet to the residential structure for hallway, walk-in cooler, and toilet rooms, as well as approximately 940 square feet of paving for additional parking on the East edge of the property.
2. PERMITTED USES: The existing bar, patio, detached garage and parking, and all uses in Columbus City Code Chapter 3351, C-1, Neighborhood Commercial District.
3. DEVELOPMENT STANDARDS: The applicable development standards shall be as specified in Chapter 3351, C-1, Neighborhood Commercial District, Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standard, except as specifically set forth herein.
A. Density, Height, Lot and/or Setback Commitments.
1. The minimum building setback along Rumsey Road shall be 8 feet.
2. The minimum building setback along South Sixth Street shall be 10 feet.
2. The minimum parking setback along Rumsey Road shall be 15 feet as depicted on the submitted Site Plan.
3. The minimum parking setback along South Sixth Street shall be as existing and depicted on the Site Plan.
4. The minimum pavement setback along the east property line shall be +/- 2’-8” as depicted on the submitted site plan.
5. Lot Coverage for building and pavement shall not exceed sixty-five (65) percent (%).
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. The existing non-conforming parking shall remain as depicted on the submitted site plan.
2. New parking spaces shall comply with Section 3312 of the Columbus City Code, and are as depicted on the submitted site plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
Screening shall be as depicted on the submitted site plan.
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. Other CPD Requirements
1. Natural Environment: The natural environment of the site is flat.
2. Existing Land Use: The property is developed with an existing bar, patio and detached garage as well as a single-family residential dwelling.
3. Circulation: Access to and from the site is via Rumsey road.
4. Visual Form of the Environment: The area surrounding the site is zoned for Residential use, however the property to the South is utilized as a lumber yard.
5. Visibility: The site is visible from Rumsey Road and South Sixth Street.
6. Proposed Development: Maintain existing bar and develop new pizza shop with patio.
7. Behavior Patterns: Existing traffic flow shall be maintained.
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.
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. Variances Requested
1. Section 3312.49 Minimum Number of Parking Spaces Required.
The Applicant proposed to convert the first floor of the existing single-family dwelling into an eating and drinking establishment and construct a patio/outdoor dining area. Section 3312.49 requires the following calculations:
Eating and Drinking Establishment without pickup unit: 1579 sq.ft. - 1:75 = 21.05 spaces
Patio/outdoor dining area: 705 - 1:150 = 4.7 spaces
Total spaces required = 25.75
Total code compliant parking spaces provided = 3
Total non-code compliant existing parkig spaces provided = 20
Existing non-code compliant parking spaces shall be improved to comply with Section 3312 of the Columbus City Code upon future redevelopment of the site
Variance requested for 23 parking spaces.
2. Section 3321.07 Landscaping
Section 3321 requires front yard landscaping.
Variance requested to allow for no front yard landscaping, except as depicted on the submitted site plan.
3. Section 3321.09 Screening.
Section 3321.09 requires screening of non-residential districts abutting residential districts.
Variance requested to allow for no screening of the site.
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.