Explanation
Council Variance Application: CV21-108
APPLICANT: Marker Development; c/o Jackson B. Reynolds, III, Atty.; Smith and Hale LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
UNIVERISTY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a charitable organization in the C-4, Commercial District. The requested Council variance will permit redevelopment of the property with a mixed-use building with 275 260 apartment units and 3,400 square feet of commercial space calculated as an eating and drinking establishment for parking variance purposes. Standard variances for increased building height (from 35 to 60 feet), reduced building setbacks, and a parking space reduction from 459 390 required to 265 245 provided spaces are included in the request. The site is within the planning boundaries of the University District Plan (2015), which recommends institutional land uses at this location. The site is just outside the NC, Neighborhood Commercial Subarea of the University District Zoning Overlay which supports mixed-use development, and Planning Division and Division of Parking Services staff took this into consideration as they evaluated this project, especially since the site abuts a mixed-use project to the immediate west, subject of Ordinance #2756-2020 (CV20-074). Staff notes that this project is generally consistent with existing and proposed projects along the 5th Avenue corridor in this vicinity. The Planning Division has reviewed building elevations and has determined that they include design elements that are compatible with surrounding structures. The Division of Parking Services has approved a parking study for this proposal and supports the requested parking variance.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3309.14(B), Height districts; 3312.49, Minimum numbers of parking spaces required; 3356.05(F), C-4 district development limitations; and 3356.11, C-4 district setback lines, of the Columbus City Codes; for the property located at 303 E. 6TH AVE. (43201), to permit a mixed-use development with reduced development standards in the C-4, Commercial District (Council Variance #CV21-108).
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WHEREAS, by application #CV21-108, the owner of the property at 303 E. 6TH AVE. (43201), is requesting a Variance to permit a mixed-use development with reduced development standards in the C-4, Commercial District; and
WHEREAS, Sections 3356.03, C-4 permitted uses, permits residential uses only above certain commercial uses, while the applicant proposes ground floor residential uses as part of a mixed-use development with 3,400 square feet of eating and drinking establishment (or other commercial) space and 275 apartment units; and
WHEREAS, Section 3309.14(B), Height districts, requires that within a 35 foot height district, no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes a building height of 60 feet; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 1.5 parking spaces per apartment unit, and 1 space per 75 square feet of eating and drinking establishment area, for a total of 459 390 spaces for 275 260 apartment units and a 3,400 square foot eating and drinking establishment, while applicant proposes 265 245 spaces; and
WHEREAS, Section 3356.05(F), C-4 district development limitations, requires that first-floor parking garages with dwelling units above must be connected/adjoined to commercial uses that occupy the entire length of at least one property frontage, while the applicant proposes adjoining commercial uses to occupy less than the entire length of North 6th Street; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires buildings to have a setback of 25 feet from the right-of-way, while the applicant proposes setbacks of zero feet along all public street frontages; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal is consistent with existing and proposed projects along the 5th Avenue corridor in this vicinity; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 303 E. 6TH AVE. (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3356.03, C-4 permitted uses; 3309.14(B), Height districts; 3312.49, Minimum numbers of parking spaces required; 3356.05(F), C-4 district development limitations; and 3356.11, C-4 district setback lines, of the Columbus City Codes; for the property located at 303 E. 6TH AVE. (43201), insofar as said sections prohibit ground floor residential uses in the C-4, Commercial District; with an increased building height from 35 feet to 60 feet; a parking space reduction from 459 390 required to 265 245 provided spaces; apartment units above garage parking adjoining commercial uses that occupy less than the entire length of the North 6th Street frontage; and reduced building setback lines from 25 feet to zero feet along all public street frontages; said property being more particularly described as follows:
303 E. 6TH AVE. (43201), being 2.33± acres located at the southeast corner of East 6th Avenue and North 5th Street, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and in the City of Columbus:
Being Lots Numbered Two Hundred Forty-eight through Two Hundred Fifty-two, inclusive (248, 249, 250, 251 and 252) and Lots Numbered Two Hundred Fifty-six through Two Hundred Sixty-three, inclusive (256, 257, 258, 259, 260, 261, 262 and 263) NEW INDIANOLA ADDITION as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, page 35, Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed-use development with up to 275 260 apartment units and up to 3,400 square feet of eating and drinking establishment space, or those uses in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "WEINLAND PARK HOUSING II IMPROVEMENT PLAN," signed by Jackson B. Reynolds, III, Attorney for the Applicant, and dated March 1, 2022. The plan 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 plan 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 upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.