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File #: 2701-2012    Version: 1
Type: Ordinance Status: Passed
File created: 11/26/2012 In control: Zoning Committee
On agenda: 12/17/2012 Final action: 12/19/2012
Title: To grant a Variance from the provisions of Sections 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; and 3333.26, Height district, of the Columbus City Codes; for the property located at 590 VAN BUREN DRIVE (43223), to permit a one-hundred unit supportive housing apartment building with reduced development standards in the AR-O, Apartment Residential Office District (Council Variance # CV12-048).
Attachments: 1. ORD2701-2012Attachments, 2. Notice Of Public Hearing - Council Mtg20121217
Explanation
 
Council Variance Application:  CV12-048
 
APPLICANT:  Volunteers of America; c/o Jackson B. Reynolds, III, Atty.; Smith & Hale, LLC; 37 West Broad Street, Suite 725, Columbus, OH 43215.
      
PROPOSED USE:  One-hundred unit supportive housing apartment building with reduced development standards.
 
FRANKLINTON AREA COMMISSION RECOMMENDATION:  Approval.
                                                                                 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance No. 2700-2012, Z12-056) from the L-M, Limited Manufacturing District to the AR-O, Apartment Residential Office District for multi-unit residential or office development.  The applicant proposes a one-hundred unit supportive housing apartment building.  Due to the irregular shape of the site and number of street frontages, the requested variance was filed to reduce the building setback lines, increase the building height, and reduce the number of required parking spaces from 150 to 65.  The site is located within the planning area of The Franklinton Plan (2003), which recommends industrial uses for this location.  The proposal can be supported considering the site's configuration has proven challenging for industrial development. The site is immediately north of multi-unit residential uses and would result in compatible development on both sides of Renick Street.  Staff supports the proposed use which will not add new or incompatible uses to the area.
 
Title
 
To grant a Variance from the provisions of Sections 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; and 3333.26, Height district, of the Columbus City Codes; for the property located at 590 VAN BUREN DRIVE (43223), to permit a one-hundred unit supportive housing apartment building with reduced development standards in the AR-O, Apartment Residential Office District (Council Variance # CV12-048).
 
Body
 
WHEREAS, by application No. CV12-048, the owner of property at 590 VAN BUREN DRIVE (43223), is requesting a Council Variance to permit a one-hundred unit supportive housing apartment building with reduced development standards in the AR-O, Apartment Residential Office District; and
 
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, for a total requirement of 150 spaces, while the applicant proposes 65 parking spaces noting that the units are supportive housing, and most residents do not have automobiles; and
 
WHEREAS, Section 3333.18, Building lines, requires the building setback to be twenty-five (25) feet from Mt. Calvary Avenue and Van Buren Drive, while the applicant proposes a  building line of zero (0) feet along Mt. Calvary Avenue, and ten (10) feet along Van Buren Drive; and
 
WHEREAS, Section 3333.26, Height district, permits a maximum building height of thirty-five (35) feet, while the applicant proposes a mean building height of forty (40) feet; and
 
WHEREAS, the Franklinton Area Commission recommends approval; and
 
WHEREAS, the Columbus Public Health Healthy Places program recognizes that the development has included five-foot wide sidewalks and pedestrian connectivity throughout the development; and
 
WHEREAS, City Departments recommend approval because the irregular shape of the site and number of street frontages has proven challenging for industrial development. The site is immediately north of multi-unit residential uses and would result in compatible development on both sides of Renick Street.  Staff supports the proposed use which will not add new or incompatible uses to the area; and  
 
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 590 VAN BUREN DRIVE (43223), 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 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; and 3333.26, Height district, of the Columbus City Codes, is hereby granted for the property located at 590 VAN BUREN DRIVE (43223), insofar as said sections prohibit a reduction in the required number of parking spaces from 150 to 65 spaces, building lines at zero (0) feet along Mt. Calvary Avenue, and ten (10) feet along Van Buren Drive, and an increased building height of forty (40) feet; said property being more particularly described as follows:
 
590 VAN BUREN DRIVE (43223), being 3.52± acres located at the southeast corner of Van Buren Drive and Mount Calvary Avenue, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Eaton's Farm (Plat Book 1, Page 68) in Virginia Military Survey No. 422, part of the Columbus Urban Growth Corporation tract (Instrument No. 200104190083400), part of Reserve "A" and all of Lot 1 of Wacker Place (Plat Book 14, Page 32), Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's office, unless otherwise noted) and being more particularly described as follows:
 
Beginning at a concrete monument found at the intersection of the north line of Renick Avenue (49.50 feet wide) with the east line of Mt. Calvary Avenue (66 feet wide), at the southwest corner of said Reserve "A",
 
Thence, along the east line of said Mt. Calvary Avenue, part of the west line of said Reserve "A", N 11degrees 16' 00" W, 164.08 feet to an iron pipe set at the southwest corner of the 0.080 Acre Right of Way Take as shown on the "West Edge Business Center" dedication and vacation plat (P.B. 99, Pg. 60 and City of Columbus Ordinance No. 663-02),
 
Thence, along the south line of said 0.080 Acre tract, N 69 degrees 03' 00" E, 291.34' to an iron pipe set at the southeast corner of said 0.080 Acre tract;
 
Thence, along the east line of said 0.080 Acre tract, N 20 degrees 57' 00" W, 12.00 feet to an iron pipe found at the northeast corner of said 0.080 Acre tract, in the south line of Van Buren Drive (35 feet wide as established by D.B. 1208, Pg. 564, parcel 2);
 
Thence, along the south line of said Van Buren Drive, along an arc to the left, having a radius of 109.00 feet and a delta angle of 68 degrees 34' 00", with a chord bearing and distance of  N 34 degrees 46' 00" E, 122.80 feet to an iron pipe found at the southwest corner of 0.065 Acre Right of Way Take as shown on said "West Edge Business Center" plat;
 
Thence, along the south line of said 0.065 Acre tract, S 89 degrees 31' 00' E, 12.00 feet to an iron pipe found at the southeast corner of said 0.065 Acre tract:
 
Thence, along the east line of said 0.065 Acre tract, N 00 degrees 29' 00" E, 235.89 feet to an iron pipe set at the northeast corner of said 0.065 Acre tract, in the south line of Pierce Drive (35 feet wide as established by D.B. 1208, Pg. 564, parcel 3)
 
Thence, along the south line of said Pierce Drive, along an arc to the left, having a radius of 299.00 feet and a delta angle of 21 degrees 57' 57", with a chord bearing and distance of N 85 degrees 48' 58" E, 113.93 feet to an iron pipe found;
 
Thence, continuing along the south line of said Pierce Drive, N 74 degrees, 50' 00"E, 107.11 feet to a point in the west line of Souder Avenue vacated as shown on said "West Edge Business Center";
 
Thence, along the west line of said vacated Souder Avenue, S 15 degrees 10' 00" E, 187.42 feet (passing an iron pipe set for reference at 5.00 feet and concrete monument found at the northeast corner of said Lot 1), to an iron pin found at the southeast corner of said Lot 1, the northeast corner of Lot 2 of said Wacker Place and the southwest corner of said vacated Souder Avenue;
 
Thence, along the south line of said Lot 1, the north line of said Lot 2, S 70 degrees 58' 04" W, 160.04 feet (passing an iron pipe set for reference at 157.04 feet) the the southwest corner of said Lot 1, the northwest corner of said Lot 2 and in the east  line of said Reserve "A";
 
Thence, along the west line of said Lot 2, part of the east line of said Reserve "A" and the west lines of Lots 3, 4 and 6 of said Wacker Place, S 15 degrees 08' 00' E, 252.33 feet to a concrete monument found at the southeast corner of said Reserve "A", the southwest corner of said Lot 6 and in the north line of said Renick Avenue;
 
Thence, along the south of said Reserve "A" and the north line of said Renick Avenue, S 70 degrees 58' 00" W, 529.31 feet to the place of the beginning CONTAINING 3.515 ACRES, subject however to all legal highways, leases, agreements, easements, restrictions of records and of records in the respective utility offices.  The following description was prepared from an actual survey made by Myers Surveying Company, Inc. in May 2002 in accordance with Chapter 4733-37 Ohio Administrative Code.  Iron pipes set are 30" x 1" O.D. with an orange plastic cap inscribed "P.S. 6579".  Basis of Bearings is the center line at Mt. Calvary Avenue held as North 11 degrees 16' 00" West as per Instrument No. 200104190083400.
 
Said property is shown on the Franklin County Auditor's Records as Parcel Number 010-284122.
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum of one hundred (100) supportive housing apartment units.
 
SECTION 3.  That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled "SITE PLAN", drawn by The EDGE Group, dated November 26, 2012, and signed by Jackson B. Reynolds, III, Attorney for the Applicant.  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 adjustments to the Plans shall be subject to review and approval 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 a Certificate of Occupancy for the proposed use.
 
SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.