Explanation
Council Variance Application: CV19-082
APPLICANT: SPARC Holding, LLC; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
SOUTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission and staff for a concurrent rezoning (Ordinance #2677-2023, Z19-060) to the CPD, Commercial Planned Development District, which permits limited C-4, Commercial District uses in accordance with the submitted exhibits. The requested Council variance will allow ground floor residential, research laboratories, and wholesaling, distributing, and warehousing uses that would otherwise be prohibited. A parking space reduction is also proposed with the development. Approval of this request will allow a long vacant site to be replaced with a mix of uses that are consistent with the land use recommendations of the Southwest Area Plan (2009).
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses, 3361.02, Permitted uses, and 3312.49(C), Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 1215 W. MOUND ST. (43223), to allow ground floor residential uses and limited manufacturing uses with reduced parking requirements in the CPD, Commercial Planned Development District (Council Variance #CV19-082).
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WHEREAS, by application #CV19-082, the owner of property at 1215 W. MOUND ST. (43223), is requesting a Council variance to allow ground floor residential uses and limited manufacturing uses with reduced parking requirements in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 permitted uses, prohibits residential uses other than apartments above specified commercial uses, research laboratories, and warehousing, storage, wholesaling and distribution uses, while the proposes such uses throughout the site; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-4 district uses, and does not allow residential uses other than apartments above specified commercial uses, research laboratories, and warehousing, storage, wholesaling and distribution uses, while the applicant proposes such uses in the CPD district; and
WHEREAS, Section 3312.49(C), Minimum numbers of required parking spaces, requires 1.5 parking spaces per dwelling unit in multi-unit residential developments, one parking space per 750 square feet of manufacturing or other industrial uses, and one parking space per 1,000 square feet of warehousing, while the applicant proposes reduced parking ratios of one parking space per dwelling unit, one parking space per 3,000 square feet of manufacturing or other industrial uses, and one parking space per 5,000 square feet of warehousing; and
WHEREAS, the Southwest Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance because the proposal will allow a long vacant site to be replaced with a mix of uses that are consistent with the land use recommendations of the Southwest Area Plan; and
WHEREAS, this ordinance requires separate submission for all applicable permits and 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 1215 W. MOUND ST. (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 3356.03, C-4 permitted uses, 3361.02, Permitted uses, and 3312.49(C), Minimum numbers of parking spaces required, is hereby granted for the property located at 1215 W. MOUND ST. (43223), insofar as said sections prohibit ground floor residential, research laboratories, warehousing, storage, wholesaling, and distribution uses within a CPD, Commercial Planned Development District which permits C-4, Commercial District uses; and reduced parking ratios from 1.5 spaces to one space per dwelling unit, from one space per 750 square feet to one space per 3,000 square feet of manufacturing or other industrial, and one space per 1,000 square feet to one space per 5,000 square feet of warehousing; said property being more particularly described as follows:
1215 W. MOUND ST. (43223), being 47.16± acres located on the south side of West Mound Street at the terminus of South Glenwood Avenue, and being more particularly described as follows:
DESCRIPTION OF A 47.161 ACRE TRACT:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Virginia Military Survey 422, and being all of a 47.161 acre tract (by survey), conveyed to the Franklin County Commissioners, being comprised of a 26.987 acre tract as conveyed by deed of record in Deed Book 3499, Page 445, a 12.640 acre tract as conveyed by deed of record in Deed Book 3563, Page 298, a 0.50 acre tract as conveyed by deed of record in Deed Book 3565, Page 434, a 7.031 acre tract as s conveyed by deed of record in Official Record 27144J10 and being all of Lots 13, 14, 15, 16, 17, 18, 19, and 20 of Eaton's Second Subdivision as recorded in Plat Book 1, Page 118, as conveyed by deeds of record in Deed Book 3563, Page 298 and Deed Book 3565, Page 434, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows;
Commencing for reference at the intersection of the centerline of Mound Street (66 feet wide) and the centerline of Mt. Calvary Avenue (66 feet wide);
Thence South 70°50′″ West, a distance of 1396.76 feet, along the centerline of said Mound Street;
Thence South 19°09′″ East, a distance of 33.00 feet to an iron pin (set) at the northeasterly corner of the said 47.161 acre tract, said iron pin being the northwesterly corner of 25.375 acre tract (aka. Mt. Calvary Cemetery) as conveyed to Bishop, Edward J. Herrmann by deeds of record Deed Book 95, Page 589 and Deed Book 3377, Page 404, Recorder's Office, Franklin County, Ohio, said iron pin being in the southerly right-of-way line of said Mound Street, said iron pin being the northwesterly corner of Lot 8 of said Eaton's Second Subdivision, and said iron pin being also the True Place of Beginning of the herein described tract of land;
Thence South 20°56′″ East, a distance of 938.60 feet along a easterly line of the said 47.161 acre tract, along the westerly line of the said 25.375 acre tract, along the westerly line of said Lot 8, and also along the westerly line of Lots 17 and 18 of said Eaton's Second Subdivision to an iron pin (set) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southwesterly corner of the said 25.375 acre tract, said iron pin being the southwesterly corner of said Lot 18, and said iron pin being also the northwesterly corner of said Lot 19;
Thence North 71°09′″ East, a distance of 662.69 feet, along a southerly line of the said 47.161 acre tract, along the southerly line of the said 25.375 acre tract, along the southerly line of said Lot 18, along the northerly line of said Lot 19, and also crossing an Alley (33 feet wide) to a ¾" hollow iron pin (found) at a southeasterly corner of the said 47.161 acre tract, said iron pin being in the westerly line of a 1.00 acre tract as conveyed to Temple Israel by deed of record Deed Book 1028, Page 591, Recorder's Office, Franklin County, Ohio, said iron pin being in the westerly line of Lot 12 of said Eaton's Second Subdivision, and said iron pin being also in the easterly right-of-way line of said Alley;
Thence South 11°07′″ East, a distance of 81.89 feet, along a easterly line of the said 47.161 acre tract, along the westerly line of the said 1.00 acre tract, along the westerly line of said Lot 12, and also along the easterly right-of-way line of said Alley to a iron pin (set) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southwesterly corner of the said 1.00 acre tract, said iron pin being the southwesterly corner of said Lot 12, and said iron pin being also the northwesterly corner of said Lot 13;
Thence North 71°01′″ East, a distance of 531.03 feet, along a southerly line of the said 47.161 acre tract, along the southerly line of the said 1.00 acre tract, along the southerly line of said Lot 12, and also along the northerly line of said Lot 13 to a ¾" hollow iron pin (found) at a southeasterly corner of the said 47.161 acre tract, said iron pin being the southeasterly corner of the said 1.00 acre tract, said iron pin being the southeasterly corner of said Lot 12, said iron pin being the northeasterly corner of said Lot 13, and said iron pin being also in the westerly right-of-way line of said Mt. Calvary Avenue;
Thence South 10°58′″ East, a distance of 558.28 feet, along the easterly line of the said 47.161 acre tract, along the easterly line of said Lots 13, 14, 15 and 16, and also along the westerly right-of-way line of said Mt. Calvary Avenue to a ¾" hollow iron pin (found) at the southeasterly corner of the said 47.161 acre tract, said iron pin being the southeasterly corner of said Lot 16, said iron pin being the northwesterly right-of-way corner of Canonby Place (50 feet wide) as shown in the plat of record Dedication of Canonby Place and Easements as recorded in Plat Book 39, Page 70, and said iron pin being also the northeasterly corner of a 3.369 acre tract as conveyed to the Columbus Metropolitan Housing Authority by deed of record Official Record 01308A03, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio;
Thence South 81°13′″ West, a distance of 1107.32 feet, (passing a ¾" hollow iron pin, found, 0.15 feet south at 526.81 feet), along the southerly line of the said 47.161 acre tract, along the northerly line of the said 3.369 acre tract, along the southerly line of said Lot 16, along the southerly right-of-way line of said Alley, along the southerly line of said Lot 20, and also along the northerly line of a 10.612 acre tract as conveyed to The Trustees of Green Lawn Cemetery Association by deed of record Deed Book 1684, Page 533, Recorder's Office, Franklin County, Ohio, to a ¾" hollow iron pin (found, bent & reset) at an angle in the southerly line of the said 47.161 acre tract, said iron pin being an angle in the northerly line of the said 10.612 acre tract, and said iron pin being also the southwesterly corner of said Lot 20;
Thence South 81°27′″ West, a distance of 1216.56 feet, continuing along the southerly line of the said 47.161 acre tract, continuing along the northerly line of the said 10.612 acre tract, along the northerly line of a 6.888 acre tract as conveyed to Greenlawn Cemetery Association by deed of record Deed Book 569, Page 489, and also along the northerly line of a 0.800 acre tract as conveyed to Greenlawn Cemetery by deed of record Deed Book 47, Page 225 to a ¾" hollow iron pin w/cap, PS 6579, (found) at the southwesterly corner of the said 47.161 acre tract, and said iron pin being also the southeasterly corner of a 6.352 acre tract as conveyed to Allwaste Tank Cleaning, Inc., a Georgia Corporation by deed of record Official Record 17677H06, all of the above aforementioned references to the Recorder's Office, Franklin County, Ohio;
Thence North 18°55′″ West, a distance of 1153.48 feet, along the westerly line of the said 47.161 acre tract, along the easterly line of the said 6.352 acre tract, and also along the easterly line of a 14.506 acre tract as conveyed to TTG Properties, LLC an Ohio Limited Liability Company by deed of record Instrument Number 199802040024868, Recorder's Office, Franklin County, Ohio to a R.R. spike (set) at the northwesterly corner of the said 47.161 acre tract, said spike being the northeasterly corner of the said 14.506 acre tract, and said spike being also in the southerly right-of-way line of said Mound Street;
Thence North 70°50′″ East, a distance of 1148.35 feet, along the northerly line of the said 47.161 acre tract and also along the southerly right-of-way line of said Mound Street to the True Place of Beginning, containing 47.161 acres, more or less, subject to all easements, restrictions and rights-of-way of record.
Iron Pins set are 5/8" rebar with yellow plastic caps stamped "Franklin County Engineer".
Bearings shown are based on the Ohio State Plane Coordinate System, South Zone and North American datum of 1983, (1986) adjustment, as established from Franklin County Geodetic control monument "COC 18-83", with a bearing of N70°50′″E as shown along the Northerly line of the 47.161 acre tract.
Property Address: 1215 W. Mound St., Columbus, OH 43223.
Parcel ID: 425-286329.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with residential uses as permitted by this ordinance, and/or those uses in the CPD, Commercial Planned Development District as specified by Ordinance #2677-2023 (Z19-060).
SECTION 3. That this ordinance is further conditioned on the following:
(a) The first phase of the multi-unit development on Parcel 8 shall consist of at least 100 dwelling units. The Applicant shall be permitted to construct a maximum of 550 dwelling units on Parcel 8;
(b) The maximum height of the multi-unit buildings will be six stories, with one story being podium parking;
(c) The multi-unit development will have an urban design emphasizing landscaped sidewalk connections to other uses on the site;
(d) The multi-unit development will have amenities which may include such things as a gathering space, swimming pool, fitness facility and business office;
(e) Outdoor community space and a dog park will be part of the development on Parcels 5, 6, or 7.
SECTION 3 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 4 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.