Explanation
Rezoning Application CV16-008
APPLICANT: SB Chesapeake, LLC; c/o Donald Plank, Atty.; Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
FIFTH BY NORTHWEST 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. 1811-2016; Z16-005) to the AR-3, Apartment Residential District. The site consists of 5 parcels in both the 010 and 420 tax districts, which will prevent the applicant from combining all parcels into a single parcel. The applicant proposes to construct a 113-unit apartment building. Variances are requested to increase building height; to reduce the wideth of the landscaped area for required headlight screening; to allow parking lot aisles, maneuvering, and parking spaces to be divided by a property line; to reduce the minimum required number of parking spaces in the 010 tax district from 122 spaces to 52 spaces in exchange for a commitment to provide additional parking in the 420 tax district; and to reduce AR-3 district requirements for building lines and rear yard. The proposed use is consistent with the Fifth By Northwest Neighborhood Plan recommendation for mixed-use development, and the requested variances are consistent with other nearby urban infill developments.
Title
To grant a Variance from the provisions of Sections 3309.14(A), Height districts; 3312.09, Aisle; 3312.21(D), Landscaping and screening; 3312.25; Maneuvering, 3312.27(3); Parking setback line, 3312.29; Parking space; 3312.49(C), Minimum number of parking spaces required; 3333.18, Building lines; and 3333.24, Rear yard; of the Columbus City Codes; for the property located at 1169 CHAMBERS ROAD (43212), to permit multi-unit residential development with reduced development standards in the AR-3, Residential District (Council Variance # CV16-008).
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WHEREAS, by application No. CV16-008, the owner of property 1169 CHAMBERS ROAD (43212), is requesting a Council variance to permit multi-unit residential development with reduced development standards in the AR-3, Residential District; and
WHEREAS, 3309.14(A), Height districts, requires a building height of 35 feet in the H-35 district, while the applicant proposes a building height of up to 49.5 feet; and
WHEREAS, Section 3312.09, Aisle, requires aisle width and maneuvering to be twenty (20) feet for 90 degree garage parking spaces, while the applicant proposes a parking lot aisle that is divided by a property line; and
WHEREAS, Section 3312.21(D), Landscaping and screening, requires headlight screening to be provided in a landscaped area at least four (4) feet wide, while the applicant proposes to allow the landscaped area to taper to a minimum of one (1) foot within twelve feet of Chesapeake Avenue on the southwest corner of the site; 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 property lines; and
WHEREAS, Section 3312.27(3), Parking setback line, requires a parking setback of 13.8 feet along Chambers Road and 16.1 feet on Chesapeake Avenue, while the applicant proposes a setback of 8 feet along Chambers Road and 5 feet along Chesapeake Avenue; and
WHEREAS, Section 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 a property line; and
WHEREAS, Section 3312.49(C), Minimum number of parking spaces required, requires a minimum of 1.5 spaces per dwelling unit to be provided on the same parcel, while the applicant proposes to reduce required parking in the 010 tax district from 122 spaces to 52 spaces, and will provide the balance on the 420 parcel; and
WHEREAS, Section 3333.18, Building lines, requires a building setback of 13.8 feet along Chambers Road and 16.1 feet along Chesapeake Avenue, while the applicant proposes a setback of 5 feet along Chambers Road and 11 feet along Chesapeake Avenue; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard of 25% of lot area, while the applicant proposes a rear yard of 21% of lot area; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances allow for the development of an urban infill project that follows the Fifth By Northwest Neighborhood Plan recommendation for mixed-use development; 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 1169 CHAMBERS ROAD (43212), 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 3309.14(A), Height districts; 3312.09, Aisle; 3312.21(D), Landscaping and screening; 3312.25; Maneuvering, 3312.27(3); Parking setback line, 3312.29; Parking space; 3312.49(C), Minimum number of parking spaces required; 3333.18, Building lines; and 3333.24, Rear yard; of the Columbus City Codes, is hereby granted for the property located at 1169 CHAMBERS ROAD (43212), insofar as said sections prohibit an increased building height from 35 feet to up to 49.5 feet; a parking lot aisle that is divided by a property line; a landscaped screening buffer that tapers to 1 foot at the southwest corner of the site within 12 feet of Chesapeake Avenue; maneuvering across a property line; a parking setback of 8 feet along Chambers Road and 5 feet along Chesapeake Avenue; parking spaces that are divided by a property line; a reduction of parking spaces required in the 010 tax district from 122 spaces to 52 spaces; a building setback of 5 feet along Chambers Road and 11 feet along Chesapeake Avenue; and a reduced rear yard from 25 % to 21%; said property being more particularly described as follows:
1169 CHAMBERS ROAD (43212), being 2.72± acres located on the south side of Chambers Road, 715± feet east of Northwest Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and Township of Clinton, Quarter Township 3, Township 1, Range 18, United States Military district, being all of Parcel I, all of Parcel II, all of Parcel II and all of Parcel IV as conveyed to Shie-Ming Hwang & Kai-Lun Hsu Hwang of record in Instrument Number 200006130116924, part of an Alley (20’) as dedicated in the plat of “John M. Pugh’s Subdivision” of record in Plat Book 4, Page 324 and vacated in Road Record 17, Page 103, all of a tract of land as conveyed to 1171 Chambers LLC of record in Instrument Number 201310110173612 and being all of Lot 11,, part of Lot 12, all of Lot 13, all of Lot 14 and part of Lot 17 of said “John M. Pugh’s Subdivision” and more particularly described as follows:
Beginning at the southeasterly corner of said Parcel II, being the southeasterly corner of said Lot 11 and the southwesterly corner of Lot 8 of said “John M. Pugh’s Subdivision” and being the northerly right-of-way line of Chesapeake Avenue (50’) as dedicated in said “John M. Pugh’s Subdivision”;
Thence N 86° 16’ 04” W along the southerly line of said Parcel II, Parcel III and Parcel IV, being the southerly line of said Lot 17 and being the northerly right-of-way line of said Chesapeake avenue, 378.58 feet to the southwesterly corner of said Parcel IV;
Thence N 16° 19’ 47” W along the westerly line of said Parcel IV and across said Lot 17, 196.95 feet to the northwesterly corner of said Parcel IV;
Thence S 86° 16’ 04” E along the northerly line of said Parcel IV and continuing across said Lot 17, 105.35 feet to the southwesterly corner of said 1171 Chambers LLC tract;
Thence N 03° 50’ 32” E along the westerly line of said 1171 Chambers LLC tract and continuing across said Lot 17, 180.00 feet to the northwesterly corner of said 1171 Chambers Road LLC tract and being in the southerly right0if-way line of Chambers Road (60’) as dedicated in said “John M. Pugh’s Subdivision”;
Thence S 86° 16’ 04” E along the northerly line of said 1171 Chambers LLC tract, the northerly line of said Parcel I, being a portion of the northerly line of said Lot 17, being the northerly line of said Lot 13, being a portion of the northerly line of said Lot 12 and long the southerly right-of-way line of said Chambers Road, 233.72 feet to the northeasterly corner of said Parcel I;
Thence S 03° 50’ 32” W along the easterly line of said Parcel I, being across said Lot 12 and across said vacated Alley, 180.00 feet to the center of said vacated Alley;
Thence S 86° 16’ 04” E along the centerline of said vacated Alley, 107.43 feet to the northeasterly corner of said Parcel II;
Thence S 86° 16’ 04” E along the centerline of said vacated Alley, 107.43 feet to the northeasterly corner of said Parcel II;
Thence S 03° 50’ 32” W across said vacated Alley and along the easterly line of said Parcell II to the Point of Beginning. Containing 2.718 acres of land, more or less. The above description was written by Advanced Civil Design on January 5, 2016. A drawing of the above description has been prepared and is a part hereof.
This is not to be used for the transfer of land and is for zoning purposes only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential development as shown on the submitted Site Plan, which consists of a 113-unit apartment building, or those uses permitted in the AR-3 Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan titled, "ZONING VARIANCE PLAN FOR CHAMBERS ROAD APARTMENTS" dated June 7, 2016, and signed by Donald Plank, 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 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 meeting the following additional conditions agreed to by the applicant:
1. The apartment building shall contain a maximum of 113 units.
2. On-site parking shall meet the minimum code required parking of 1.5 spaces per dwelling unit between the two tax areas.
3. The apartment building architecture shall be four (4) sided, meaning it will have the same quality of finish on all sides of the building.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.