Explanation
Council Variance Application: CV22-053
APPLICANT: WestBend QOZB, LLC; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Charles Campisano, Atty.; 842 North 4th Street, Suite 200; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
WEST SCIOTO AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning request (Ordinance #2122-2024; Z22-038), to the AR-1, Apartment Residential and ARLD, Apartment Residential districts. The requested Council variance will permit a total of 904 apartment units, and 20,000 square feet of office space, distributed between Area A and Area B, as demonstrated on the submitted site plan. Staff support the requested variances noting that they assist in accomplishing a site design that pulls the buildings forward toward the public right-of-way, consistent with similar mixed-use developments. Additionally, traffic related commitments addressing improvements identified in a traffic impact study, as approved by the Department of Public Service, are included in this request.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.09, Aisle; 3312.25, Maneuvering; 3312.27(2), Parking setback; 3312.49(C), Required parking; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 2474 MCKINLEY AVE. (43204), to allow office uses and reduced development standards for apartment complexes in the AR-1, Apartment Residential and ARLD, Apartment Residential districts (Council Variance #CV22-053).
Body
WHEREAS, by application #CV22-053, the owner of properties at 2474 MCKINLEY AVE. (43204), is requesting a Council variance to allow office uses and reduced development standards for apartment complexes in the AR-1, Apartment Residential and ARLD, Apartment Residential districts; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, prohibits commercial uses, while the applicant proposes up to 20,000 square feet of office uses within Area A; and
WHEREAS, Section 3312.09, Aisle, requires a minimum width of 20 feet for parking spaces located at a 90 degree angle to the drive aisle, while the applicant proposes to permit division of aisles by property lines, subject to a 20 foot wide aisle being provided across subarea and/or property lines; and
WHEREAS, Section 3312.25, Maneuvering, requires the maneuvering area for 90 degree parking spaces to be 20 feet, while the applicant proposes maneuvering area to cross subarea and/or property lines, subject to applicable total code required maneuvering being provided; and
WHEREAS, Section 3312.27(2), Parking setback line, requires a minimum parking setback line of 25 feet along both McKinley Avenue and Fisher Road, while the applicant proposes a reduced parking setback line between 11 and 23 feet along McKinley Avenue for Area A, and a reduced parking setback line from 25 to 14 feet along both McKinley Avenue and Fisher Road for Area B; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for multi-unit residential development, and 1 parking space per 450 square feet of general office space, a total requirement of 1,294 parking spaces for the uses in Area A, while the applicant proposes a reduced parking total of 1,089 spaces for the uses in Area A; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 50 feet along McKinley Avenue and 60 feet along Fisher Road, while the applicant proposes reduced building lines as follows: between 11 feet and 43 feet along McKinley Avenue for Area A; between eight feet and 27 feet along McKinley Avenue for Area B; and 22 feet along Fisher Road for Area B, as shown on the submitted site plan; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards of zero feet along internal lot lines within both Areas A and B, and a reduced perimeter yard of seven feet along the western property line of Area B as shown on the submitted site plan; and
WHEREAS, the West Scioto Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval because the variances will permit a mixed-use development with a site design that is consistent with other mixed-use developments through the city; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed development; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2474 MCKINLEY AVE. (43204), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.09, Aisle; 3312.25, Maneuvering; 3312.27(2), Parking setback; 3312.49(C), Required parking; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the properties located at 2474 MCKINLEY AVE. (43204), insofar as said sections prohibit 20,000 square feet of office uses in the AR-1, Apartment Residential District (Area A); with division of aisle and maneuvering by internal lot lines, subject to code required areas being provided across property lines; reduced parking setbacks from 25 feet to between 11 and 23 feet along McKinley Avenue in Area A, and from 25 to 14 feet along McKinley Avenue and Fisher Road in Area B; a parking reduction from 1,294 required to 1,089 provided spaces in Area A; reduced building lines along McKinley Avenue from 50 feet to between 11 and 42 feet in Area A, between 8 and 27 feet along McKinley Avenue in Area B, and along Fisher Road from 60 feet to 22 feet in Area B; and reduced perimeter yards from 25 feet to zero feet along internal parcel lines in both Areas A and B, and to seven feet along the western property line of Area B; said property being more particularly described as follows:
2474 MCKINLEY AVE. (43204), being 50.28± acres located on the north and south sides of McKinley Road at the terminus of Fisher Road, and being more particularly described as follows:
AREA A: 45.07± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 530, and being all of the remainder of a 29.862 acre tract as conveyed to WESTBEND QOZB, LLC in Instrument Number 202301310009823, all of a 0.643 acre tract and all of a 0.355 acre tract, both as conveyed to WESTBEND QOZB, LLC in Instrument Number 202402120014551, being all of the remainder of a 9.246 acre tract as conveyed to PAINE-MCKINLEY AVENUE LLC in Instrument Number 201011170154930, being all of the remainder of a 0.68 acre tract as conveyed to PAINE-MCKINLEY AVENUE LLC in Instrument Number 201011170154930, being all of the remainder of Parcel One as conveyed to PAINE-MCKINLEY AVENUE LLC in Instrument Number 201011170154930, and being part of Tract One, Tract Two, and Tract Three as conveyed to PAINE-MCKINLEY AVENUE LLC in Instrument Number 201011170154929, all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at the western corner of said 0.643 acre tract and on the easterly Right-of-Way line of McKinley Avenue (RoW Varies);
Thence leaving the easterly Right-of-Way line of McKinley Avenue, along the northwesterly line of said 0.643 acre tract and the northwesterly line of said 29.862 acre tract, North 57°33’18” East, 111.95 feet to a point on the northwesterly line of said 29.862 acre tract;
Thence along the northerly, easterly, and southerly lines of said 29.862 acre tract, the following seventeen (17) courses:
1. North 43°31’41” East, 94.78 feet to a point;
2. North 36°09’01” East, 79.01 feet to a point;
3. North 54°34’41” East, 51.60 feet to a point;
4. North 67°22’03” East, 130.23 feet to a point;
5. North 44°00’46” East, 91.19’ feet to a point;
6. North 23°33’01” East, 140.42 feet to a point;
7. North 42°47’02” East, 34.84 feet to a point;
8. South 85°15’57” East, 93.79 feet to a point;
9. North 71°39’39” East, 75.45 feet to a point;
10. North 59°50’21” East. 204.94 feet to a point;
11. South 54°12’16” East, 51.22 feet to a point;
12. South 12°28’43” East, 109.84 feet to a point;
13. South 79°47’41” East, 62.71 feet to a point;
14. South 58°07’33” East, 46.40 feet to a point;
15. South 11°27’07” East, 530.36 feet to a point;
16. South 01°45’29” East, 348.76 feet to a point;
17. South 04°00’52” West, 349.96 feet to a point;
Thence along the easterly line of said Parcel One and said 29.862 acre tract, South 07°12’16” East, 336.02 feet to a point;
Thence along the southerly line of said Parcel One, South 67°18’00” West, 85.44 feet to a northeasterly corner of said Tract One;
Thence along the easterly lines of said Tract One, South 10°38’11” East, 191.56 feet to a point;
Thence along the easterly lines of said Tract One, Tract Two, and Tract Three, South 34°38’11” East, 557.18 feet to the southeasterly corner of said Tract Three;
Thence along the southerly line of said Tract Three, South 65°51’48” West, 466.84 feet to the westerly right-of-way line of said McKinley Avenue;
Thence along the easterly right-of-way line of said McKinley Avenue, the following nine (9) courses:
1) North 38°26’00” West, 357.82 feet to a point;
2) North 39°30’11” West, 387.91 feet to a point of curvature;
3) Along a curve to the right having a radius of 1735.00 feet, a delta angle of 15°20’49”, an arc length of 464.72 feet, and a chord bearing and distance of North 31°49’46” West, 463.34 feet to a point of tangency;
4) North 22°48’26” West, 81.68 feet to a point;
5) North 20°32’08” West, 65.25 feet to a point of curvature;
6) Along a curve to the right having radius of 1805.00 feet, a delta angle of 06°00’46”, an arc length of 189.43 feet, North 16°29’48” West, 189.34 feet to a point of tangency;
7) North 13°29’24” West, 330.00 feet to a point;
8) North 14°15’17” West, 209.77 feet to a point for curvature;
9) Along a curve to the left having a radius of 1915.00 feet, a delta angle 05°14’06”, an arc length of 174.97 feet, North 16°52’20” West, 174.91 feet to the TRUE POINT OF BEGINNING, containing 45.07 acres, more or less.
AREA B: 5.21 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 530, and being all of a 5.214 acre tract as conveyed to PAINE-MCKINLEY AVENUE LLC in Instrument Number 200212300334742, all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at the northwesterly corner of said 5.214 acre tract, being at the intersection of the southerly right-of-way line of Fisher Road (varies) and the easterly right-of-way line of a railroad tract conveyed to New York Central Lines LLC, in Instrument Number 200212180325201, now known as CSX Transportation Inc., successor by merger, Instrument Number 200507210144733 and Instrument Number 20057210144738 (more fully defined by Instrument Number 200711080194030);
Thence along the southerly right-of-way line of said Fisher Road, North 72°14’14” East, 295.64 feet to the intersection with the southwesterly right-of-way line of McKinley Avenue (varies);
Thence along the southwesterly right-of-way lines of said McKinley Avenue, the following Five (5) courses:
1) South 38°38’11” East, 426.66 feet to a point;
2) South 51°21’49” West, 20.00 feet to a point;
3) South 38°38’11” East, 450.00 feet to a point;
4) North 51°21’49” East, 35.00 feet to a point;
5) South 39°38’11” East, 840.43 feet to the southerly corner of said 5.214 acre tract and being on the easterly line of said railroad right-of-way;
Thence along the easterly line of said railroad right-of-way, North 47°42’57” West, 1845.55 feet to the TRUE POINT OF BEGINNING, containing 5.21acres, more or less.
Property Address: 2474 McKinley Ave., Columbus, OH 43204.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for up to 904 dwellings units and 20,000 square feet of office space, or those uses permitted in the AR-1, Apartment Residential and ARLD, Apartment Residential districts.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, “ZONING PLAN WESTBEND DEVELOPMENT SHEETS 1 THROUGH 3,” all dated July 9, 2024, and signed by David B. Perry, Agent for the Applicant, and Charles Campisano, Attorney for the Applicant. The plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the following Traffic Impact Study (WestBend Development 3rd Revised Traffic Impact Study, approved June 1, 2023, by City of Columbus Public Service Department, Division of Traffic Management), which requires the following right-of-way improvements:
1). At the proposed northern access point to McKinley Avenue, the developer shall construct a 225 feet long northbound right turn lane (inclusive of a 50 feet diverging taper) and a 235 feet long southbound left turn lane (inclusive of a 60 feet diverging taper).
2). At the proposed central access point to McKinley Avenue located opposite and aligned with Fisher Road, the developer shall complete the following improvements:
a). Modify the existing traffic signal infrastructure at the intersection of McKinley Avenue and Fisher Road, as approved by the Department of Public Service, to accommodate a fourth (east) leg.
b). Modify the existing traffic signal infrastructure at the intersection of McKinley Avenue and Fisher Road to change the northbound left turn movement from protected-permissive to protected only operation.
c). Construct a 235 feet long southbound left turn lane (inclusive of a 60 feet diverging taper).
d). Provide an eastbound receiving lane, a westbound left turn lane, and a shared westbound through-right lane on the proposed east leg.
3). At the proposed southern access points to McKinley Avenue, the developer shall construct 235 feet long northbound and southbound left turn lanes (both inclusive of a 60 feet diverging taper) and a 225 feet long northbound right turn lane (inclusive of a 50 feet diverging taper).
4). The developer shall contribute to the Franklin County Engineer’s Office a fee in lieu of constructing extensions of the southbound and westbound left turn lanes at the intersection of Fisher Road and Hague Avenue. The amount of this fee will determined based upon review and approval by the Franklin County Engineer’s Office of a cost estimate for these turn lane extensions.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.