Explanation
Council Variance Application: CV04-044
APPLICANT: Brick Investment Corporation; c/o Jeffrey L. Brown, Atty., Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Apartment residential and commercial development.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to permit renovation of buildings on multiple parcels to develop a maximum of 134 multi-family dwelling units in conjunction with restaurant, theater and office uses that are permitted in the M, Manufacturing District. A Council variance is necessary because apartment residential development is prohibited in the M, Manufacturing District. Variances for minimum number of required parking spaces are also requested. The site lies within the boundaries of The Franklinton Plan (2004) and East Franklinton Overlay (2004). The application is consistent with the proposed mixed use land use specified in The Franklinton Plan (2004). The proposal is not consistent with the East Franklinton Overlay (2004) which states "Preserve and adhere to the existing grid pattern of streets and alleys in Franklinton." Deviation is supported because the applicants will be securing the parking with gates along Lucas Street and should the application not be developed, an easement will be required over Lucas Street. The requested variance would permit a mixed-use development with reduced development standards that is consistent with the development patterns and historic character of the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3363.01, M, Manufacturing districts, 3342.28, Minimum number of parking spaces required; and 3342.29, Minimum number of loading spaces required; of the Columbus City Codes for the property located at 435 WEST TOWN STREET (43215), to permit a maximum of 134 multi-family dwelling units and restaurant, theater and office uses with reduced development standards in the M, Manufacturing District (Council Variance # CV04-044). (AMENDED BY ORD. 0416-2010 PASSED 4/5/2010)
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WHEREAS, by application #CV04-044, the owner of property at 435 WEST TOWN STREET (43215), is requesting a Variance to permit a maximum of 134 multi-family dwelling units and limited commercial uses with reduced development standards in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits apartment residential development, while the applicant proposes a maximum of 134 multi-family dwelling units and limited commercial, office and theater uses with reduced development standards; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per residential unit, one (1) parking space for every 300 square feet of general office space, one (1) parking space for every 250 square feet of retail and medical office space, one (1) parking space for every 30 square feet of theater space, and one (1) parking space for every 75 square feet of restaurant space, while the applicant proposes (143) parking spaces total for a maximum of 134 multi-family dwelling units, approximately 11,050 square feet of commercial retail development, approximately 2,805 square feet of office development, approximately 2,475 square feet of theater development and approximately 3,150 square feet of restaurant development; and
WHEREAS, Section 3342.29, Minimum number of loading spaces required, requires two (2) loading spaces for commercial or industrial uses between 10,000 and 30, 000 square feet in size, while the applicant proposes zero (0) loading spaces total for a maximum of 134 multi-family dwelling units, approximately 11,050 square feet of commercial retail development, approximately 2,805 square feet of office development, approximately 2,475 square feet of theater development and approximately 3,150 square feet of restaurant development; and
WHEREAS, this variance will permit a maximum of 134 multi-family dwelling units and limited commercial uses with reduced development standards in the M, Manufacturing District; and
WHEREAS, the Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would allow a mixed-use development that is consistent with the established development pattern of the area, and reflects the historic character and surrounding land uses within the neighborhood while there is likely no zoning district that would allow for this type of mixed use infill development; 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 435 W. TOWN STREET (43215), 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 3363.01, M, Manufacturing District; 3342.28, Minimum number of parking spaces required; and 3342.29, Minimum number of parking spaces required; of the Columbus City Codes for the property located at 435 WEST TOWN STREET (43215), insofar as said sections prohibit a mixed -use development with a maximum of 134 multi-family dwelling units, a parking space reduction from a potential of 447 spaces to 143 spaces for the entire development where Section 3342.29, Minimum number of parking spaces required; requires two (2) parking spaces per residential unitone (1) parking space for every 300 square feet of general office space, one (1) parking space for every 250 square feet of retail and medical office space, one (1) parking space for every 30 square feet of theater space, and one (1) parking space for every 75 square feet of restaurant space, while the applicant proposes (143) parking spaces total for a maximum of 134 multi-family dwelling units, approximately 11,050 square feet of commercial retail development, approximately 2,805 square feet of office development, approximately 2,475 square feet of theater development and approximately 3,150 square feet of restaurant development;and a loading space reduction from two (2) to zero (0) spaces; said property being more particularly described as follows:
435 WEST TOWN STREET (43215), being 4.76± acres bounded by West Town Street, McDowell Street, Rich Street, and railroad right-of-way on the east, and being more particularly described as follows:
Approximately 4.76 Acres for Variance
(Town/Walnut/Rich/Lucas Streets)
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lots 165, 198, 199, 200, 283 thru 290 inclusive 286, inclusive, part of Lot 289, all of Lot 290, and part of Lots 166 thru 168 inclusive, 195 thru 197 inclusive and part of Lucas Street (66 feet wide) and Walnut Street (30 feet wide) as the same are numbered and delineated upon the recorded plat thereof of M.L. Sullivant's Western Subdivision of record in Plat Book 1, Page 268, Recorder's Office, Franklin County, Ohio, (all reference's made are of said Recorder's Office, unless otherwise noted), also being Lots 1 thru 9 inclusive and a 10 foot alley as the same are numbered and delineated upon the recorded plat thereof of John G. Mitchell's Subdivision of record in Plat Book 2, Page 250 and being part of the CSX Transportation Inc. Railway and being more particularly described as follows:
Beginning at the northwest corner of said Lot 283 and in the south line of said West Town Street (being 120 feet easterly of the intersection of the east right of way line of McDowell Street, 66 feet wide, with the south right of way line of West Town Street, 80 feet wide);
Thence, along the south line of said West Town Street, the north line of said Lots 283 thru 286 inclusive, across said Lucas Street, the north line of said Lot 165 and part of the north line of said Lot 166, EASTERLY, APPROXIMATELY 393 FEET;
Thence, across part of said Lots 166 thru 168 inclusive, 197 and 196 and said Walnut Street, SOUTHEASTERLY, APPROXIMATELY 461 FEET to a point in the north right of way of West Rich Street (80 feet wide);
Thence, along the north line of said West Rich Street, part of the south line of said Lot 195, the south line of said Lots 196 thru 200 inclusive, across said Lucas Street, the south line of said Lots 287 thru 290 inclusive and the south line of said Lot 9, WESTERLY, APPROXIMATELY 607.5 FEET;
Thence, along the west line of said Lot 290, across said Walnut Street and the west line of said Lot 283, NORTHERLY, APPROXIMATELY 408 FEET to the place of beginning CONTAINING APPROXIMATELY 4.7 ACRES.
Thence, along the north line of said West Rich Street, part of the south line of said Lot 195, the south line of said Lots 196 thru 200 inclusive, across said Lucas Street, the south line of said Lot 9 and along the south line of a 10 foot alley, WESTERLY APPROXIMATELY 487.5 FEET to the southeast corner of said Lot 289;
Thence, along part of the east line of said Lot 289 and the west line of said 10 foot alley, NORTHERLY, APPROXIMATELY 94.5 FEET;
Thence, across said Lot 289, WESTERLY, APPROXIMATELY 30 FEET;
Thence, across said Lot 289, SOUTHERLY, APPROXIMATELY 94.5 FEET to the south line of said Lot 289 and the north line of said West Rich Street;
Thence, along part of the south line of said Lot 289, the south line of said Lot 290 and the north line of said West Rich Street, WESTERLY, APPROXIMATELY 90 FEET to the southwest corner of said Lot 290;
Thence, along the west line of said Lot 290, across said Walnut Street and the west line of said Lot 283, NORTHERLY, APPROXIMATELY 408 FEET to the place of beginning CONTAINING APPROXIMATELY 4.6 ACRES.
THIS LEGAL DESCRIPTION WAS PREPARED FROM RECORDS ONLY.
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 134 multi-family dwelling units, or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled "PROPOSED SITE PLAN", prepared by Wandel and Schnell Architects Inc., dated October 21, 2005January 13, 2006 and signed by Jeffrey L. Brown, attorney for the applicant. The Site 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 Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets if this proposalif a certificate of occupancy is not issued for either "401 West Town Street" or "425 West Town Street" and the parking lot on Lucas Street is not constructed per the "PROPOSED SITE PLAN", prepared by Wandel and Schnell Architects Inc., dated October 21, 2005January 13, 2006 and signed by Jeffrey L. Brown, attorney for the applicant.within twofour years of passage of this ordinance including the proposed entry gates shown on the north and south ends of Lucus Street on the aforementioned site plan.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.