Explanation
Council Variance Application # CV11-002
APPLICANT: Columbus Metropolitan Housing Authority; c/o Michael E. Zatezalo, Atty.; Kegler, Brown, Hill & Ritter; 65 East State Street, Suite 1800; Columbus, OH 43215.
PROPOSED USE: One-hundred unit apartment building with up to 4,089 square feet of commercial space.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a truck dealership and parking lots in the C-4, Commercial, and M, Manufacturing Districts, and is located in both the East Franklinton (EFO) and Urban Commercial (UCO) overlays. The requested Council Variance will allow a 100-unit apartment building with up to 4,089 square feet of commercial space. A Council variance is necessary because apartment residential development is only permitted above certain commercial uses in the C-4, Commercial District, and is prohibited in the M, Manufacturing District. Variances for building height, minimum number of required parking spaces, and EFO and UCO provisions as they apply to parking setback, circulation, building design, and parking lot screening are included in the request. The site is located within the planning area of The Franklinton Plan (2003), which recommends mixed-use development for this location. The requested variance would permit a mixed-use development that is consistent with the development patterns and historic character of the surrounding neighborhood. Variances to the EFO and UCO provisions are supported due to the mixed-use nature of the site and the practical difficulty of having to comply with design standards of two different overlays.
Title
To grant a variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3363.01, M-Manufacturing districts; 3309.14, Height districts; 3312.49 Minimum numbers of parking spaces required; 3372.406 (B), (C), and (H), Design standards; 3372.407 (A), Parking and circulation; 3372.604 (B), Setback requirements; 3372.607, Landscaping and screening; and 3372.609(A), Parking and circulation, of the Columbus City codes, for the property located at 540 WEST BROAD STREET (43215), to permit a 100-unit apartment building with up to 4,089 square feet of commercial space with reduced development standards in the C-4, Commercial, and M, Manufacturing Districts and to declare an emergency (Council Variance # CV11-002).
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WHEREAS, by application No. CV11-002, the owner of property at 540 WEST BROAD STREET (43215) is requesting a Council Variance to permit a 100-unit apartment building with up to 4,089 square feet of commercial space with reduced development standards in the C-4, Commercial, and M, Manufacturing Districts; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, does not permit ground floor residential use, while the applicant proposes a mixed-use building with ground-floor residential uses; and
WHEREAS, Section 3363.01, M-Manufacturing districts, prohibits multi-unit residential development, while the applicant proposes a mixed use building that includes multi-unit residential uses; and
WHEREAS, Section 3309.14, Height districts, requires the maximum height of a building or structure in the thirty-five (35) foot height district not to exceed thirty-five (35) feet, while the applicant proposes a 53.5 foot height for the new building; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, 1 parking space per 450 square feet of general office space, 1 parking space per 300 square feet of medical office space, and 1 parking space per 250 square feet of retail space or a maximum total of one hundred sixty-seven (167) parking spaces for 100 apartment units with up to 4,089 square feet of accessory office or retail service space, while the applicant proposes forty-nine (49) parking spaces; and
WHEREAS, Section 3372.406 (B), (C), and (H), Design standards, requires the following design standards for all residentially used or zoned properties within the East Franklin Overlay: that the main entrance of all properties shall be accompanied by a concrete stoop or roof-covered wood porch a minimum of 30 inches high; that windows in all building frontages of the principal building must be double-hung; and that a minimum of 30 inches of the principle building's foundation must be visible on the exterior of the structure and must be rusticated on all building frontages, while the applicant proposes no stoop or porch, windows that are not double-hung, and no foundation exposure of rusticated block; and
WHEREAS, Section 3372.407 (A), Parking and circulation, prohibits parking, stacking and circulation aisles between a public street right-of-way line and a principal building for properties within the East Franklin Overlay, while applicant proposes a parking lot between the proposed building and North May Street; and
WHEREAS, Section 3372.604 (B), Setback requirements, requires parking to be located behind the principle building, while the applicant proposes parking to the side of the principle building; and
WHEREAS, Section 3372.607, Landscaping and screening, requires perimeter landscaping and screening and interior landscaping for commercial parking lots in the Urban Commercial Overlay, while the applicant proposes landscaping and screening as shown on the Site Plan; and
WHEREAS, Section 3372.609 (A), Parking and circulation, prohibits parking, stacking and circulation aisles between a public street right-of-way line and a principal building for properties within the East Franklin Overlay, while applicant proposes a parking lot between the proposed building and North May Street; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has ladder stripping on the pavement at intersections as approved by the Public Service Department, sidewalks constructed along the commercial space (Broad Street and May Avenue) that are a minimum of 8 feet wide as approved by the Public Service Department; internal sidewalks that are a minimum of 5 feet wide; adequate internal lighting around the vehicular access way, walking path, and around the entrances/exits to the buildings; and signage along Broad Street and May Avenue alerting motorists to the presence of pedestrians as approved by the Public Service Department; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal would permit a mixed-use development that is consistent with the development patterns and historic character of the surrounding neighborhood, and with the land use recommendations of The Franklinton Plan (2003); 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 540 WEST BROAD STREET (43222), 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 3356.03, C-4 Permitted Uses; 3363.01, M-Manufacturing districts; 3309.14, Height districts; 3312.49 Minimum numbers of parking spaces required; 3372.406 (B), (C), and (H), Design standards; 3372.407 (A), Parking and circulation; 3372.604 (B), Setback requirements; 3372.607, Landscaping and screening; and 3372.609 (A), Parking and circulation, of the Columbus City codes, is hereby granted for the property located at 540 WEST BROAD STREET (43215), in so far as said sections prohibit ground-floor residential uses in the C-4, Commercial District, and multi-unit residential uses in the M, Manufacturing District, with an increased building height of 53.5 feet, forty-nine (49) parking spaces where one-hundred sixty-seven (167) are required, no stoop or porch, windows that are not double-hung, no foundation exposure of rusticated block, and parking between the proposed building and North May Street which is located on the side of the building, said property being more particularly described as follows:
540 WEST BROAD STREET (43215), being 2.81± acres located northwest corner of West Broad Street and North May Avenue, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio; also being a part of Virginia Military Survey No. 1393; also being Lot Nos. 40-43, a portion of Lot No. 44, Lot Nos. 47 through 51, a portion of Lot Nos. 117 through 119, Lot Nos. 120 through 122, a portion of Broderick Street (formerly Davies Alley, 33' right-of-way) and a portion of Gay Street (formerly Kimball Street, 50' right-of-way) as delineated in Joseph Ridgeway's Addition as recorded in Plat Book 1 Page 126; also being lands as conveyed to Byers Realty, LLC as described in Instrument No. 200203270077593 and lands as conveyed to West Broad Street Partners, LLC as described in Instrument No. 200406150138069 Exhibit C, Parcels 1 through 3, Exhibit D, and a portion of Exhibit B; being more particularly described as follows:
Beginning at a nail found at the intersection of the northerly right-of-way line of Broad Street (95' right-of-way) and the westerly line of May Avenue (formerly Acorn Street, 40' right-of-way) as shown on said Joseph Ridgeway's Addition; said point being the southeasterly corner of Lot No. 40 of said Joseph Ridgeway's Addition, said point also being the southeasterly corner of a tract as conveyed to Byers Realty, LLC as described in Instrument No. 200203270077593; said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence,
Along the northerly right-of-way line of Broad Street, also being along the southerly line of said lands of Byers Realty, LLC, also being along the southerly lines of said Lot Nos. 40 through 43 and then along a portion of the southerly line of said Lot No. 44, South 80º 50' 53" West, for a distance of two hundred twelve and eighty-eight one-hundredths feet (212.88') to a nail found, said point being the southwesterly corner of said lands of Byers Realty, LLC, said point also being the southeasterly corner of lands as conveyed to Jimmy Rea Electronics, Inc. as described in Deed Book 3447 Page 128; thence,
Along the westerly line of said lands of Byers Realty, LLC, also being along the easterly line of said lands of Jimmy Rea Electronics, Inc., also being along a line through said Lot No. 44, and then along a line through Broderick Street, North 09º 09' 07" West, for a distance of one hundred eighty-two and fifty-three one-hundredths feet (182.53') to a pin set along the northerly right-of-way line of Broderick Street, said point also being along the southerly line of Lot No. 47, said point also being along a southerly line of said lands of West Broad Street Partners, LLC; thence,
Along the northerly right-of-way line of Broderick Street, also being along a portion of the southerly line of said Lot No. 47, also being along a portion of a southerly line of said lands of West Broad Street Partners, LLC, South 80º 50' 53" West, for a distance of twelve and twenty-six one-hundredths feet (12.26') to a 1" iron pipe found, said point being the southwesterly corner of said Lot No. 47, said point also being the southeasterly corner of Lot No. 46 of said Joseph Ridgeway's Addition, said point also being a southwesterly corner of lands of West Broad Street Partners, LLC, said point also being the southeasterly corner of lands as conveyed to Network Restorations I, LLC as described in Instrument No. 200405190114761, Tract 9 Parcel XXXIX; thence,
Along the westerly line of said Lot No. 47, also being along the easterly line of said lot No. 46, also being along a westerly line of said lands of West Broad Street Partners, LLC, also being along the easterly line of said lands of Network Restorations I, LLC, and then along a line through Gay Street, North 09º 09' 07" West, for a distance of one hundred ninety and zero one-hundredths (190.00') to an iron pin set, said point being along the northerly right-of-way line of Gay Street, said point also being along the southerly line of said Lot Not. 122, said point also being along a southerly line of said lands of West Broad Street Partners, LLC; thence,
Along the northerly right-of-way of Gay Street, also being along a portion of the southerly line of said Lot No. 122, also being along a portion of a southerly line of said lands of West Broad Street Partners, LLC, South 80º 50' 53" West, for a distance of fifty-two and sixty-three one-hundredths feet (52.63') to an iron pin set, said point being the intersection of the northerly right-of-way line of Gay Street and the easterly right-of-way line of Mill Street (49.5' right-of-way), said point also being the southwesterly corner of said Lot No. 122, said point also being a southwesterly corner of said lands of West Broad Street Partners, LLC; thence,
Along the easterly right-of-way line of Mill Street and then along the easterly line of lands as conveyed to William L. Hill as described in Instrument No. 200301090009279, also being along the westerly line of said Lot No. 122, also being along a westerly line of said lands of West Broad Street Partners, LLC, North 08º 44' 13" West, for a distance of one hundred fifty-five and eighty-nine one-hundredths feet (155.89') to an iron pin set, said point being the northeasterly corner of said lands of William L. Hill, said point also being a northwesterly corner of said lands of West Broad Street Partners, LLC, said point also being along a southerly line of lands as conveyed to Pennsylvania Lines LLC as described in Instrument No. 200212180325195; thence,
Along a portion of a southerly line of said lands of Pennsylvania Lines LLC, also being along the northerly lines of said Lot Nos. 122, 121, and 120 and then along a portion of the northerly line of said Lot No. 119, also being along a northerly line of said lands of West Broad Street Partners, LLC, North 85º 06' 42" East, for a distance of one hundred sixty-two and forty-one one-hundredths feet (162.41') to an iron pin set, said point being a southerly corner of said lands of Pennsylvania Lines LLC, said point also being a northerly corner of said lands of West Broad Street Partners, LLC, said point also being along the northerly line of said Lot No. 119, said point being the westerly-most point of those lands as conveyed to The Chesapeake and Ohio Railway Company as described in Deed Book 924 Page 338; thence,
Along a line through said Lot Nos. 119, 118 and 117, also being along a portion of a northerly line of said lands of West Broad Street Partners, LLC, also being along a portion of a southerly line of said lands of The Chesapeake and Ohio Railway Company, North 86º 58' 37" East, for a distance of one hundred fifteen and thirty-four one-hundredths feet (115.34') to an iron pin set; thence,
Along a line through said lands of West Broad Street Partners, LLC, also being along the easterly line of said Lot No. 117, also being along the westerly line of Lot No. 116 of said Joseph Ridgeway's Addition, and then along a line through Gay Street, and then along the westerly right-of-way line of May Avenue, also being the easterly line of said Lot. No. 51, also being along an easterly line of said lands of West Broad Street Partners, LLC, and then along a line through Broderick Street, and then along the westerly right-of-way line of May Avenue, also being along the easterly line of said Lot No. 40, also being along the easterly line of said lands of Byers Realty, LLC, South 09º 09' 07" East, for a distance of five hundred four and three one-hundredths feet (504.03') to the point of beginning, containing 2.796 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on a survey performed by Kleingers & Associates in July, 2010.
Basis of bearings for the above-described courses is the Ohio State Plane Coordinate System, Ohio South Zone (NAD83-CORS), with the westerly right-of-way line of May Avenue being South 09º 09' 07" East, as determined by a GPS survey utilizing CORS station "COLB" as maintained by the Ohio Department of Transportation and monument "COC 18-83".
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identified caps stamped "Kleingers & Assoc".
Subject to any easements, restrictions, covenants, ordinances, or agreements of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a 100-unit apartment building with up to 4,089 square feet of retail or office commercial space, or those uses permitted in the C-4, Commercial and M, Manufacturing Districts.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "SITE PLAN," drawn by Kleingers & Associates, dated March 16, 2011, and signed by Michael J. Couvrer, Professional Engineer. 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 plan 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 upon the passage of the Gay Street and Broderick Street right-of-way vacation ordinance by Columbus City Council.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance is further conditioned upon the applicant reserving seventeen (17) parking spaces for the proposed commercial space.
SECTION 7. That this ordinance is further conditioned upon crosswalk signage and markings as shown on the Site Plan being subject to the review and approval of the Department of Public Service.
SECTION 8. 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.