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File #: 2249-2012    Version:
Type: Ordinance Status: Passed
File created: 10/10/2012 In control: Zoning Committee
On agenda: 11/5/2012 Final action: 11/8/2012
Title: To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3312.03(D), Administrative requirements; 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.26, Height district; and 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 340 WEST GOODALE STREET (43215), to permit a private parking lot with reduced development standards in the AR-1, Apartment Residential District, and reduced development standards for a retirement community in the AR-4 AR-3, Apartment Residential District and to declare an emergency (Council Variance # CV12-043).
Attachments: 1. ORD2249-2012Attachments, 2. Notice Of Public Hearing - Council Mtg20121105
    Explanation
 
Council Variance Application:  CV12-043
 
APPLICANT:  Ken Kemper, Ohio Presbyterian Retirement Services; c/o Jim Churski, Agent; JMM Architects; 4685 Larwell Drive; Columbus, OH 43220.
 
PROPOSED USE:  Private parking lot in the AR-1 District, and reduced development standards for a retirement community in the AR-4 AR-3 District.
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is currently developed with a mixture of 345 senior apartment and assisted living/nursing home units.  The requested Council Variance will allow the construction of a 31-space private parking lot in the AR-1, Apartment Residential District, and a new 8-story, 67-unit senior apartment building and three detached garage buildings within an existing retirement community development in the AR-4 AR-3, Apartment Residential District.  The parking lot will serve the retirement community, and is immediately adjacent to a parking lot for an apartment complex.  The retirement community site is subject of the 1994 Goodale Slum Clearance Area Redevelopment Plan (Ordinance No. 11-94) which included variances for increased building height, and a parking space reduction to allow 0.75 spaces/unit.  The ordinance also limited the maximum lot coverage and permitted unlimited density.  This request carries over those variances but removes the lot coverage restriction, and also includes variances for parking and building setbacks, reduced perimeter yard, and increased detached garage height.  The applicant has also committed to additional landscaping around the parking lot and lighting controls. Staff finds that the proposal will not add new or incompatible uses to the area as the proposed apartment building is consistent with the established development pattern within the retirement community, and the proposed parking lot will free up more on-street parking spaces for neighborhood residents or park visitors of nearby Wheeler Dog Park.  
 
Title
 
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3312.03(D), Administrative requirements; 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.26, Height district; and 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 340 WEST GOODALE STREET (43215), to permit a private parking lot with reduced development standards in the AR-1, Apartment Residential District, and reduced development standards for a retirement community in the AR-4 AR-3, Apartment Residential District and to declare an emergency (Council Variance # CV12-043).
 
Body
 
WHEREAS, by application No. CV12-043, the owner of property at 340 WEST GOODALE STREET (43215), is requesting a Council Variance to permit a private parking lot with reduced development standards in the AR-1, Apartment Residential District, and reduced development standards for a retirement community in the AR-4 AR-3, Apartment Residential District; and
 
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, prohibits private parking lots, while the applicant proposes to construct a thirty-one (31) space private over-flow parking lot for the retirement community as shown on the Site Plan; and
WHEREAS, Section 3312.03(D), Administrative requirements, requires that parking spaces must be on the same lot as the use they are intended to serve, while the applicant proposes an off-site private parking lot separated from the retirement community it serves by Thurber Drive; and
 
WHEREAS, Section 3312.27, Parking setback line, section requires a parking setback of twenty-five (25) feet from the street right-of-way line, while the applicant is requesting a reduction to zero (0) feet due to the irregular shape and narrowness of the parcel proposed for a 31-space private parking lot; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, and 0.75 parking spaces per nursing home unit, for a total requirement of 472 spaces, while the applicant proposes 0.75 parking spaces per unit for all unit types, and is providing a total of 311 parking spaces on the retirement community parcel, and 31 spaces in the private parking lot; and
WHEREAS, Section 3333.18, Building lines, requires the building setback to be twenty-five (25) feet from Goodale Street and Collins Avenue, while the applicant proposes building lines of fifteen (15) feet along Goodale Street and thirteen (13) feet along Collins Avenue for the new apartment building as shown on the Site Plan, due to an existing sewer easement that is contained within the property; and
 
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard, while the applicant proposes a perimeter yard of seven (7) feet around the private parking lot as shown on the Site Plan; 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 one-hundred ten (110) feet as  previously approved by Ordinance. No. 11-94; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to fifteen (15) feet, while the applicant proposes to increase the permitted height to twenty-two (22) feet so that decorative architectural elements may be added; and
 
WHEREAS, City Departments recommend approval because the proposal will not add new or incompatible uses to the area as the proposed apartment building is consistent with the established development pattern within the retirement community, and the proposed parking lot will free up more on-street parking spaces for neighborhood residents or park visitors; and  
 
WHEREAS, said variance 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 340 WEST GOODALE STREET (43215), in using said property as desired; and
 
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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; 3312.03(D), Administrative requirements; 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.26, Height district; and 3333.35(G), Private garage, of the Columbus City Codes, is hereby granted for the property located at 340 WEST GOODALE STREET (43215), insofar as said sections prohibit a thirty-one (31) space private parking lot with a parking setback line of zero (0) feet and a reduced perimeter yard of seven (7) feet in the AR-1, Apartment Residential District, and a reduction in the required number of parking spaces from 472 to 354 spaces, a new sixty-seven unit apartment building with reduced building lines of fifteen (15) feet along Goodale Street and thirteen (13) feet along Collins Avenue, an increased building height of one-hundred ten (110) feet, and an increased detached garage height of twenty-two (22) feet; said property being more particularly described as follows:
 
340 WEST GOODALE STREET (43215), being 10.25± acres located at the northwest corner of West Goodale Street and Neil Avenue, and being more particularly described as follows:
 
Situated in the in the State of Ohio, County of Franklin, and in the City of Columbus:
 
Being all of Lot One (1), and Reserve A, as designated and delineated on the subdivision plat entitled "Resubdivision of Westminster Thurber and Vacation of Thurber Drive East," of record in Plat Book 80, Page 4 Recorder's Office, Franklin County, Ohio.
 
Said property is shown on the Franklin County Auditor's Records as Parcel Numbers 010-227935 and 010-227396.
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a private parking lot and a retirement community.
 
SECTION 3.  That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled "GOODALE LANDINGS SHEETS 1-1, 1-2, & 1-3," drawn by JMM Architects, Inc., dated October 5, 2012, and signed by James Michael Milligan, Architect.  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 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.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.