Explanation
Council Variance Application: CV22-065
APPLICANT: The Robert Weiler Company; c/o Michael Shannon, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicant has received a recommendation of disapproval from Staff and a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance #0882-2023; Z22-053) to the AR-1, Apartment Residential District. The applicant proposes an apartment complex containing 228 units as depicted on the submitted site plan. Variances for maneuvering, parking space, minimum numbers of parking spaces, and rear yard are included in the request because the site contains parcels within different taxing districts and will not be able to be combined. Additionally, a variance to reduce the required perimeter yard is included due to the presence of a stream corridor protection zone. While the variances for a non-residential development may be supportable, staff does not support the concurrent AR-1 district, and therefore does not support the proposed apartment complex with reduced development standards at this location.
Title
To grant a Variance from the provisions of Sections 3312.25, Maneuvering; 3312.29, Parking space; 3312.49(C), Minimum numbers of parking spaces required; 3333.24, Rear yard; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 1895 STELZER RD. (43219), to permit reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV22-065).
Body
WHEREAS, by application #CV22-065, the owner of property at 1895 STELZER RD. (43219), is requesting a Council variance to permit reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes to allow maneuvering over interior parcel lines with the total required maneuvering area being provided; and
WHEREAS, 3312.29, Parking space, requires 90 degree parking spaces to be no less than 9 feet wide by 18 feet deep, while the applicant proposes parking spaces that are divided by interior parcel lines, but with the overall parking space meeting the required dimensions; and
WHEREAS, Section 3312.49(C), Minimum numbers of parking spaces required, requires 342 parking spaces for a multi-unit residential development containing 228 units, while the applicant proposes to waive the number of parking spaces required for individual parcels within the overall site, but will meet the minimum number of parking spaces required for the overall development; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a rear yard of five percent for Building #8 on the northern most parcel, as depicted on the site plan; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet along the western property line perimeter, of zero feet between internal parcels lines within the development (which cannot be combined due to different taxing districts), of 15 feet along the eastern property line, adjacent to Building #4, and of 10 feet along the northern property, adjacent of the clubhouse, as depicted on the site plan; and
WHEREAS, the Northeast Area Commission recommends approval, and
WHEREAS, the City Departments recommend disapproval because the concurrent rezoning request to an AR-1, Apartment Residential District is not supported, and therefore an apartment complex with reduced development standards, is also not supported; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a 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 1895 STELZER RD. (43219), 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 3312.25, Maneuvering; 3312.29, Parking space; 3312.49(C), Minimum numbers of parking spaces required; 3333.24, Rear yard; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 1895 STELZER RD. (43219), insofar as said sections prohibit maneuvering over interior parcel lines, but with overall maneuvering dimensions being met; parking spaces divided by internal parcel lines, but with the overall parking space meeting the required dimensions; reduced minimum numbers of parking spaces per individual parcel, but with the overall site meeting the minimum number of parking spaces required; reduced rear yard from 25 to five percent for Building #8; and reduced perimeter yard from 25 feet to 10 feet along the western property line, zero feet between internal parcel lines, 15 along the eastern property line adjacent to Building #4, and 10 feet along the northern property line adjacent to the clubhouse; said property being more particularly described as follows:
1895 STELZER RD. (43219), being 12.18± acres located on the west side of Stelzer Road, 500± feet south of Citygate Drive, and being more particularly described as follows:
TRACT 1
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in the Quarter Township 3, Township 1, Range 17, United States Military Lands, being part of the remainder of those tracts of land conveyed to Magoo Properties, LLC by the instruments filed as Instrument Number 201203050030014 and Instrument Number 201203050030015, and being all of that tract of land conveyed to the same owner by the instrument filed as Instrument Number 201402100016801 (hereon all tracts mentioned above are collectively referred to as the “Magoo tract”), all records are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
BEGINNING at the northwest most corner of said Magoo tract, being also an angle point in the south right- of-way line for Citygate Drive (variable width - public);
Thence South 86 degrees 21 minutes 37 seconds East, along the north line of said Magoo tract, along the south right-of-way line for Citygate Drive, a distance of 143.64 feet to a northeast corner of said tract;
Thence along an east line of said Magoo tract for the following five (5) described courses:
1. South 17 degrees 20 minutes 33 seconds East, a distance of 235.86 feet to a point;
2. South 15 degrees 48 minutes 21 seconds East, a distance of 57.57 feet to a point;
3. South 12 degrees 02 minutes 59 seconds East, a distance of 59.98 feet to a point;
4. South 07 degrees 26 minutes 53 seconds West, a distance of 64.98 feet to a point;
5. South 03 degrees 08 minutes 27 seconds East, a distance of 103.63 feet to a point;
Thence South 86 degrees 21 minutes 37 seconds East, along a north line of said Magoo tract, a distance of 546.64 feet to a northeast corner of said tract;
Thence South 03 degrees 38 minutes 23 seconds West, across said Magoo tract, a distance of 88.54 feet
to a point;
Thence South 86 degrees 31 minutes 14 seconds East, continuing across said Magoo tract, a distance of
302.90 feet to a point in the east line of said tract, being the west right-of-way line for Stelzer Road (variable width - public);
Thence South 03 degrees 28 minutes 46 seconds West, along the east line of said Magoo tract and along the west right-of-way line for Stelzer Road, a distance of 211.93 feet to the southeast most corner of said tract;
Thence North 86 degrees 22 minutes 02 seconds West, along the south line of said Magoo tract, a distance of 1,120.59 feet to the southwest most corner of said tract;
Thence North 03 degrees 34 minutes 21 seconds East, along the west line of said Magoo tract, a distance of 799.86 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 9.682 acres being broken out as follows:
1.435 acres are located within Franklin County Auditor’s parcel number 520-181149.
1.199 acres are located within Franklin County Auditor’s parcel number 010-181147.
4.492 acres are located within Franklin County Auditor’s parcel number 010-181148.
2.556 acres are located within Franklin County Auditor’s parcel number 010-200800.
Bearings described herein are based on Grid North, NAD 83, per the Franklin County GIS.
This description is intended for zoning purposes only, was prepared from Franklin County GIS Data, and does not represent an actual field survey.
TRACT 2
Situated in the County of Franklin, in the State of Ohio and in the Township of Mifflin and bounded and described as follows:
Being part of the Third Quarter of Township 1, Range 17, of United States Military Lands, and being part of the Hugo Kaiser's 115.0 acre tract, and being more particularly described as follows:
Beginning at a point in the centerline of Stelzer Road, said point being South 4 degrees 03 minutes West 1700.00 feet and South 4 degrees 02 minutes West 800.00 feet from the northeast comer of said 115.0 acre tract; thence South 4 degrees 02 minutes West 100.00 feet along the centerline of Stelzer Road to a point; thence North 85 degrees 50 minutes West 1180.85 feet to an iron pin, passing an iron pin at 40.00 feet; thence North 4 degrees 05 minutes East I 00.00 feet to an iron pin; thence South 85 degrees 50 minutes East 1180.71 feet to the place of beginning, passing an iron pin at 1110.71 feet and containing 2.707 acres, and also known as Parcel Number Twenty-Six (26) of Hugo Kaiser's Parcels
Parcel Nos. 010-200800, 010-217448 and parts of 010-181148, 010-181147, and 520-181149.
Known as: 1895 Stelzer Rd., Columbus, OH 43219.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ZONING SITE PLAN," signed by Eric Zartman, Attorney for the Applicant, and dated March 10, 2023. 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 on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.