Explanation
Rezoning Application Z17-036
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-commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on November 9, 2017.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site includes four parcels developed with commercial and residential structures in the M, Manufacturing District, and is within the Italian Village Urban Commercial Overlay (UCO). The proposed CPD, Commercial Planned Development District will allow a mixed-use building (Subarea 1), a commercial building (Subarea 2), and a variety of potential office/retail/residential uses within what is currently a single-unit dwelling (Subarea 3). 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. Variances are included for building height in Subarea 1, access and circulation, vision clearance, and maximum building setback in Subarea 2, dumpster area and maximum building setback in Subarea 3. Variances to parking space size and maneuvering are included across all subareas. A concurrent Council Variance (Ordinance # 3178-2017; CV17-062) has been filed to permit a first-floor dwelling unit in Subarea 1. The request is consistent with the land use recommendations of the Italian Village East Redevelopment Plan (2000), which recommends commercial uses for this location, and with the established zoning and development patterns of the area. 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.
Title
To rezone 875 NORTH FOURTH STREET (43201), being 0.55± acres located at the northwest corner of North Fourth Street and East 1st Avenue, From: M, Manufacturing District, To: CPD, Commercial Planned Development District (Rezoning # Z17-036).
Body
WHEREAS, application # Z17-036 is on file with the Department of Building and Zoning Services requesting rezoning of 0.55± acres from M, Manufacturing District, to CPD, Commercial Planned Development 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 requested CPD, Commercial Planned Development District is consistent with the with the land use recommendations of the Italian Village East Redevelopment Plan, and 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 NORTH FOURTH STREET (43201), being 0.55± acres located at the northwest corner of North Fourth Street and East 1st Avenue, and being more particularly described as follows:
Subarea 1:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being part of Lots Numbers Nineteen and Twenty (19 and 20) in E. Sorin’s Subdivision of Lost 51 and 52 of William Phelan’s Mount Pleasant Addition, in Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 286, Recorder’s Office, Franklin County, Ohio.
Parcel Nos.: 010-033474 and 010-001721
Subarea 2:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being 40 feet off the south side of Lot Number Eighteen (18) of E. Sorin’s Subdivision of Lots Number 49, 50, 51 and 52 of William Phelan’s Mount Pleasant Addition to said City, as the same is numbered and delineated upon the recorded plat thereof, or record in Plat Book 1, Page 286, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-012459
Subarea 3:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being the south 13 feet of Lot Number Seventeen (17) and the north 17 feet of Lot Number Eighteen (18) of E. Sorin’s Subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 286, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-009646
To Rezone From: M, Manufacturing 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, "875 NORTH 4TH," and text titled, "DEVELOPMENT TEXT," both dated November 10, 2017, 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: M, Manufacturing
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: LS Development Systems, LLC et. Al.; 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 10, 2017
APPLICATION NUMBER: Z17-036
INTRODUCTION:
The site is 0.55 +/- acres located at the northwest corner of North Fourth Street and East First Avenue. The property is zoned M, Manufacturing. Applicant proposes to rezone the property to the CPD, Commercial Planned Development District to permit commercial use of the site with the construction of a new building in Subarea 1 and reuse/change of use of the buildings in Subarea 2 and 3.The plan titled “875 North 4th, Zoning Site Plan”, hereafter “Site Plan”, dated November 10, 2017 and referenced in Section 2.H. of this text, depicts the proposed site development. See also CV17-062.
SUBAREA 1:
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, and the Urban Commercial Overlay (UCO) 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’ for the new building.
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 5.5 +/- feet of the width of a parking space on Subarea 1 and 3.5 +/- feet on Subarea 2.
3. 3312.25, Maneuvering, to reduce maneuvering for one (1) parking space to zero (0) to permit maneuvering across a property line onto Subarea 2, and to permit one (1) parking space to be divided by the property line of Subarea 1 and 2, thereby dividing the maneuvering area on Subarea 1 and 2, both subject to applicable easements to provide code required maneuvering.
H. Miscellaneous.
The plan titled “875 North 4th Zoning Plan”, hereafter “Site Plan”, dated November 10, 2017 and signed 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.
SUBAREA 2:
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, and the Urban Commercial Overlay (UCO) 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. 3312.25, Maneuvering, to permit one (1) parking space to be divided by the 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.
2. 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 5.5 +/- feet of the width of a parking space on Subarea 1 and 3.5 +/- feet on Subarea 2, and to reduce the length of six (6) 90 degree parking spaces along the north property line of Subarea 2 to 16 feet subject to two (2) feet of stall length being provided on Subarea 3, thereby providing the total 18 foot parking stall length.
3. 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.
4. 3321.05(B)(1), Vision Clearance, to reduce the 10’x10’ clear vision triangle for the driveway on North Fourth Street to 5’ x 5’.
5. 3372.604(A)(B), Setback Requirements, to increase the permitted maximum building setback from ten (10) feet to eighty-five (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.
The plan titled “875 North 4th Zoning Plan”, hereafter “Site Plan”, dated November 10, 2017, 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.
SUBAREA 3:
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, and the Urban Commercial Overlay (UCO) of the Columbus City Code shall apply.
A. Density, Height Lot and/or Setback Commitments.
N/A
B. Access, Loading, Parking and/or Traffic Related Commitments
The Site Plan depicts the existing buildings. A change of use of the existing building is proposed with this rezoning. Changes to the existing site development, such as the addition of parking shall be permitted, subject to approval by the Italian Village Commission and applicable code and permit processes.
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. 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 5.5 +/- feet of the width of a parking space on Subarea 1 and 3.5 +/- feet on Subarea 2 and to permit two (2) feet of the 18 foot parking space for six (6) 90 degree parking spaces along the south property line of Subarea 3, subject to 16 feet of the 18 foot parking space being located along the north property line of Subarea 2.
2. 3312.25, Maneuvering, to permit stacked two (2) parking spaces located in front of two (2) parking spaces, thereby not providing maneuvering area for the two (2) interior parking spaces.
3. 3321.01, Dumpster Area, to permit a dumpster to be located behind a parking space, thereby not providing independent vehicular access to the dumpster.
4. 3372.604(A), Setback Requirements, to increase the permitted maximum building setback from ten (10) feet to twenty-two (22) feet on N. Fourth Street, to conform the existing building setback to the UCO, as depicted on the Site Plan.
H. Miscellaneous.
The plan titled “875 North 4th Zoning Plan”, hereafter “Site Plan”, dated November 10, 2017, and signed by David B. Perry, agent and Donald Plank, attorney, depicts the existing site development. With the change of use of the existing dwelling, the site plan may be changed, such as with the addition of parking, and shall be permitted subject to approval of the Italian Village Commission (IVC) and applicable code compliance. 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.
CPD Requirements for all Subareas:
1.Natural Environment: The site is 0.55 +/- acres located at the northwest corner of North Fourth Street and East First Avenue and extending 180’ +/- feet north of East First Avenue.
2. Existing Land Use: The site is developed with three (3) buildings. The building at the corner of North Fourth Street and East First Avenue will be razed for redevelopment of Subarea 1. The existing commercial building on Subarea 2 will be retained and reused for commercial uses. The existing house on Subarea 3 will be retained and continue to be used as a house or changed for commercial use.
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: Three (3) development areas are proposed on the parcel, as depicted on the Site Plan. Subarea 1 is proposed to be redeveloped with ground floor commercial use, enclosed and surface parking and 27 dwelling units, including a ground level dwelling unit (CV17-062). Subarea 2 has an existing 1,900 +/- SF commercial building that will be remodeled and used for commercial uses. Subarea 3 has an existing single family dwelling that will be remodeled as and reused as a single family dwelling or commercial uses. Subareas 1, 2 and 3 are planned to remain separate parcels.
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.