Explanation
Council Variance Application: CV23-128
APPLICANT: Western Property LLC, c/o Rebecca J. Mott; Plank Law Firm; 411 Town Street, Floor 2; Columbus, OH 43215.
PROPOSED USE: Mixed-residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning Ordinance #2921-2024 (Z23-063) to the L-AR-12, Limited Apartment Residential District, CPD, Commercial Planned Development District, and L-I, Limited Institutional District. The requested variances will allow customized development standards for eight subareas in the L-AR-12 district for mixed-residential development. The requested variances are supportable as they will allow development that is similar in character to other developments in the area, and that are consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3333.10, AR-12 area district requirements, 3333.18, Building lines, 3333.26, Height district, 3333.35(G), Private garage, and 3333.41(h), Standards, of the Columbus City Codes; for the property located at 5141 COSGRAY RD. (43016), to allow reduced development standards for a mixed-residential development in the L-AR-12, Limited Apartment Residential District (Council Variance #CV23-128).
Body
WHEREAS, by application #CV23-128, the owner of property at 5141 COSGRAY RD. (43016), is requesting a Council variance to allow reduced development standards for a mixed-residential development in the L-AR-12, Limited Apartment Residential District; and
The following variances apply to Subarea 2A (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires minimum lot widths of 50 feet, while the applicant proposes reduced lot widths of no less than 40 feet; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires a single-unit dwelling or other principal building to be situated on a lot of no less than 5,000 square feet in area, while the applicant proposes single-unit dwellings on lots of no less than 4,800 square feet; and
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan (2019), while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
The following variances apply to Subarea 2B (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires minimum lot widths of 50 feet, while the applicant proposes reduced lot widths of no less than 40 feet; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires a single-unit dwelling or other principal building to be situated on a lot of no less than 5,000 square feet in area, while the applicant proposes single-unit dwellings on lots of no less than 4,800 square feet; and
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
The following variances apply to Subarea 3A (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.10, AR-12 area district requirements, prohibits residential densities in excess of 12.1 units per acre per parcel, while the applicant proposes a maximum density of 20.64 units per acre for this subarea; and
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes to maintain building heights of up to 50 feet in this subarea; and
The following variances apply to Subarea 3B (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.10, AR-12 area district requirements, prohibits residential densities in excess of 12.1 units per acre per parcel, while the applicant proposes a maximum density of 20.80 units per acre for this subarea; and
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes to maintain building heights of up to 50 feet in this subarea; and
The following variances apply to Subarea 3C (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.10, AR-12 area district requirements, prohibits residential densities in excess of 12.1 units per acre per parcel, while the applicant proposes a maximum density of 21.04 units per acre for this subarea; and
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes to maintain building heights of up to 50 feet in this subarea; and
The following variances apply to Subarea 4A (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes private detached garages with an increased height of 20 feet; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes to maintain building heights of up to 45 feet in this subarea; and
WHEREAS, Section 3333.41(h), Standards, requires that each lot in a townhouse development front on a dedicated public street, while the applicant proposes all townhouse lots front upon private streets; and
The following variances apply to Subarea 4B (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along Street “A” (James Way) and Street “B” (James Boulevard) and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes private detached garages with an increased height of 20 feet; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes to maintain building heights of up to 45 feet in this subarea; and
WHEREAS, Section 3333.41(h), Standards, requires that each lot in a townhouse development front on a dedicated public street, while the applicant proposes all townhouse lots front upon private streets; and
The following variances apply to Subarea 5 (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1 apartment residential district use, does not allow single-unit development with fewer than two multiple-dwelling buildings on a lot of record, while the applicant proposes single-unit dwellings and two or more, or fewer than two, multiple-dwelling buildings, under one control without individually platted lots and on a single lot of record; and,
WHEREAS, Section 3333.18, Building lines, requires a minimum 40-foot building line, in accordance with the Columbus Multimodal Thoroughfare Plan, while the applicant proposes minimum building lines of 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets, in accordance with the submitted site plan included with Rezoning Application #Z23-063; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes private detached garages with an increased height of 20 feet; and,
WHEREAS, the City Departments recommend approval because the requested variances will allow a mixed-residential development that is consistent with other developments in the area, and with C2P2 Design Guidelines, and will not add incompatible uses to the neighborhood; and
WHEREAS, this 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 5141 COSGRAY RD. (43016), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3333.10, AR-12 area district requirements, 3333.18, Building lines, 3333.26, Height district, 3333.35(G), Private garage, and 3333.41(h), Standards, of the Columbus City Codes, is hereby granted for the property located at 5141 COSGRAY RD. (43016), to:
A. allow reduced lot widths from 50 feet to 40 feet; reduced lot area from 5,000 square feet to 4,800 square feet; and reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets in Subarea 2A;
B. allow reduced lot widths from 50 feet to 40 feet; reduced lot area from 5,000 square feet to 4,800 square feet; and reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets in Subarea 2B;
C. allow increased density from 12.1 units per acre to 20.64 units per acre; reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; and increased building height from 35 feet to 50 feet, in Subarea 3A;
D. allow increased density from 12.1 units per acre to 20.80 units per acre; reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; and increased building height from 35 feet to 50 feet, in Subarea 3B;
E. allow increased density from 12.1 units per acre to 21.04 units per acre; reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; and increased building height from 35 feet to 50 feet, in Subarea 3C;
F. allow reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; increased private garage height from 15 feet to 20 feet; increased building height from 35 feet to 45 feet; and to allow townhouse lots to front private streets, in Subarea 4A;
G. allow reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; increased private garage height from 15 feet to 20 feet; increased building height from 35 feet to 45 feet; and to allow townhouse lots to front private streets, in Subarea 4B;
H. allow single-unit dwellings and two or more, or fewer than two, multiple-dwelling buildings, under one control without individually platted lots and on a single lot of record; reduced building lines from 40 feet to 30 feet along James Way and James Boulevard and 25 feet along all other public and private streets; and increased private garage height from 15 feet to 20 feet, in Subarea 5;
Said property being more particularly described as follows:
5141 COSGRAY RD. (43016), being 208.43± acres located on the west side of Cosgray Road, 1,900± feet north of Hayden Run Road, and being more particularly described as follows:
(SEE ATTACHMENT FILE “ORD2923-2024_LEGAL_DESCRIPTIONS”)
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for mixed-residential development as required by the L-AR-12, Limited Apartment Residential District, subject to Ordinance #2921-2024, Rezoning Application #Z23-063.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.