Explanation
Council Variance Application: CV13-011
APPLICANT: Columbus Scholar House I, LLC; c/o James V. Maniace, Atty.; 65 East State Street, Suite 100; Columbus, Ohio 43215.
PROPOSED USE: Mixed-use development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned in the R-2F, Residential District, and developed with a three-story, 19,970 square foot office/retail/apartment building as approved by Ordinance No. 1271-2011, passed on September 12, 2011 (CV11-016), for redevelopment of the historic "Charles" site at 905 East Long Street. The requested Council variance will carry over the previous variances for the existing building, and will allow the construction of a six-unit apartment building (108 South Seventeenth Street), and an eighteen-unit apartment building (90 South Seventeenth Street). 90 South Seventeenth Street was previously developed with a day care center, and is subject to rezoning Ordinance No. 0924-2013 (Z13-019), a request from CPD, Commercial Planned Development District to R-2F, Residential District. The site is located within the planning area of the Near East Area Plan (2005), which recommends higher-density residential and mixed-use development for this location. The site also lies within the East Long Street Urban Commercial Overlay (UCO), and the planning area of the King-Lincoln District Plan (2002), which identifies the intersection of East Long Street and North Seventeenth Street as a "Key Commercial Revitalization Site". A variance is necessary because the R-2F District prohibits commercial uses, and allows only a maximum of two units within one dwelling. Variances for building height, setback, a reduction of 28 required parking spaces, parking lot screening, and UCO provisions as they apply to upper-story windows and landscaping and screening are included in the request. A hardship exists in that various City plans and overlays recommend mixed-use/multi-unit residential development of the site, but the R-2F zoning designation prevents redevelopment of a mixed-use nature without City Council action.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3312.21(B), (C), and (D), Landscaping and screening; 3312.49, Minimum number of parking spaces required; 3321.05(B) (2), Vision clearance; 3332.21, Building lines; 3332.29, Height district; 3372.605(E) (3), Building design standards; and 3372.607(A), (B), and (D), Landscaping and screening, of the Columbus City Codes; for the property located at 905 EAST LONG STREET, and 90 AND 108 NORTH SEVENTEENTH STREET (43203), to permit a mixed use office/retail/ten-unit apartment building and a six-unit apartment building on one lot, and an eighteen-unit apartment building on a separate lot, with reduced development standards in the R-2F, Residential District, and to repeal Ordinance No. 1271-2011, passed on September 12, 2011 and to declare an emergency(Council Variance # CV13-011).
Body
WHEREAS, by application No. CV13-011, the owners of the property at 905 EAST LONG STREET, and 90 AND 108 NORTH SEVENTEENTH STREET (43203), are requesting a Council Variance to permit a mixed use office/retail/ten-unit apartment building and a six-unit apartment building on one lot, and an eighteen-unit apartment building on a separate lot, with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District Use, permits one single-unit or one two-unit dwelling on a lot, while the applicant will maintain an existing office/retail/apartment building with 971 square feet of retail space and 2,696 square feet of office space on the first floor, and a maximum of ten apartment units total on the second and third floors (905 East Long Street), and proposes to construct a new six-unit apartment building (108 South Seventeenth Street) on the same lot, and a new eighteen-unit apartment building to the south across the alley (90 South Seventeenth Street) as shown on the Site Plans; and
WHEREAS, Section 3312.21(B), (C), and (D), Landscaping and screening, requires interior landscaping, perimeter landscaping, and screening for parking lots, while the applicant proposes no interior parking lot landscaping, no parking lot landscaping, no screening along the west side of the parking lot for 905 East Long Street and 108 North Seventeenth Street, and no screening along the north and south sides of the parking lot for 90 North Seventeenth Street, but instead proposes landscaping and screening as shown on the Site Plans; and
WHEREAS, Section 3312.49, Minimum number of parking spaces required, requires 1.5 parking spaces per dwelling unit, 1 parking space per 450 square feet of general office space, and 1 parking space per 250 square feet of retail space, or a maximum total of thirty-one (31) spaces with UCO reductions per 3372.609 for 905 East Long Street and 108 South Seventeenth Street, and a maximum total of twenty-seven (27) spaces for 90 South Seventeenth Street, while the applicant proposes twenty (20) parking spaces for 905 East Long Street and 108 South Seventeenth Street, and ten (10) parking spaces for 90 South Seventeenth Street; and
WHEREAS, Section 3321.05(B) (2), Vision clearance, requires that a clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes to maintain encroachment into the clear vision triangle at the intersection of East Long Street and North Seventeenth Street as shown on the Site Plan (Sheet SP .21); and
WHEREAS, Section 3332.21, Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lot or parcels, but in no case less than ten (10) feet, while the applicant proposes a five (5) foot building line along South Seventeenth Street as shown on the Site Plans; and
WHEREAS, Section 3332.29, Height district, requires that no building or structure shall exceed a height of thirty-five (35) feet, while the applicant will maintain a maximum building height of thirty-eight (38) feet for the existing turret at 905 East Long Street, and proposes a maximum building height of thirty-eight (38) feet for 90 North Seventeenth Street; and
WHEREAS, Section 3372.605(E) (3), Building design standards, requires that twenty-five (25) percent of the second and third floor building frontages must be window glass for the existing building at 905 East Long Street, while the applicant proposes to maintain 17.5 percent window glass; and
WHEREAS, Section 3372.607(A), (B), and (D), Landscaping and screening, requires the following for the existing building at 905 East Long Street: parking lot screening comprised of a solid masonry or stone fence that does not exceed a height of four (4) feet, or a mixture of a four (4) foot high metal fence and a three (3) foot wide landscaped area; and ground-mounted mechanical equipment located behind the principal building screened to the height of the equipment, while the applicant proposes no perimeter parking lot landscaping, no screening along the west side of the parking lot, a wood privacy fence that is six (6) feet in height, and partially screened ground-mounted mechanical equipment located to the side of the building as shown on the Site Plan (Sheet SP .21); and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will carry over the previous variances for the existing mixed use office/retail/ten-unit apartment building, and will allow the new construction of six- and eighteen-unit apartment buildings. A hardship exists in that the Near East Area Plan and King-Lincoln District Plan recommend mixed-use and multi-unit residential development of the site, but the R-2F zoning designation prevents redevelopment of a mixed-use nature without City Council action. Furthermore, the northern part of the site is located within the East Long Street Urban Commercial Overlay which provides more rationale to support commercial uses at this location; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 905 EAST LONG STREET, and 90 AND 108 NORTH SEVENTEENTH STREET (43203), 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 3332.037, R-2F, Residential District; 3312.21(B), (C), and (D), Landscaping and screening; 3312.49, Minimum number of parking spaces required; 3321.05(B) (2), Vision clearance; 3332.21, Building lines; 3332.29, Height district; 3372.605(E) (3), Building design standards; and 3372.607(A), (B), and (D), Landscaping and screening, of the Columbus City Codes, is hereby granted for the property located at 905 EAST LONG STREET, and 90 AND 108 NORTH SEVENTEENTH STREET (43203), insofar as said sections prohibit a mixed use office/retail/ten-unit apartment building and a six-unit apartment building on one lot, and an eighteen-unit apartment building on a separate lot, with no interior parking lot landscaping, no perimeter parking lot landscaping, and no screening along the west side of the parking lot for 905 East Long Street and 108 North Seventeenth Street, and no screening along the north and south sides of the parking lot for 90 North Seventeenth Street, a reduction in the required number of parking spaces from thirty one (31) spaces to twenty (20) spaces for 905 East Long Street and 108 North Seventeenth Street, and from twenty-seven (27) spaces to ten (10) spaces for 90 North Seventeenth Street, encroachment of the building into the clear vision triangle at the intersection of East Long Street and North Seventeenth Street, a reduction in the required building setback line from ten (10) feet to five (5) feet, an increased building height of thirty-eight (38) feet for 905 East Long Street and 90 North Seventeenth Street, a reduction in the required window glass percentage of the second and third floor building frontages from twenty-five (25) percent to 17.5 percent for 905 East Long Street, no perimeter parking lot landscaping as required by the UCO, no screening along the west side of the parking lot as required by the UCO, a wood privacy fence that is six (6) feet in height in the UCO, and partially screened ground-mounted mechanical equipment located to the side of the building; said property being more particularly described as follows:
905 EAST LONG STREET, and 90 AND 108 NORTH SEVENTEENTH STREET (43203), being 1.27± acres located at the southeast corner of North Seventeenth and East Long Streets, and being more particularly described as follows:
The following described real estate is situated in the County of Franklin, in the State of Ohio, and the in the City of Columbus, and bounded and described as follows:
905 East Long Street and 108 North Seventeenth Street:
Tract 1
Being all of Lot 1 LOWERY'S SUBDIVISION, of record in Plat Book 4, Page 193, Recorder's Office, Franklin County, Ohio.
Parcel Number Formerly 010-049313, combined into 010-040872
Tract 2
Being Lot Number Two (2) and 3 feet off the West side of Lot Number Three (3) in LOWREY'S SUBDIVISION as the same is numbered and delineated upon the recorded plat thereof; of record in Plat Book 4, Page 193, Recorder's Office, Franklin County, Ohio.
Parcel Number: Formerly 010-038048, combined into 010-040872
Tract 3
Being the East 30 feet of Lot Number Three (3) of LOWREY'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 193, Recorder's Office, Franklin County, Ohio.
Being also described as Lot Number Three (3) of LOWERY'S SUBDIVISION, except 3 feet off the entire West side thereof, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 193, Recorder's Office, Franklin County, Ohio.
Parcel Number: Formerly 010-035014, combined into 010-040872
Tract 4
Being Lot No. (1) One of Knight, Noble and English's Subdivision of part of half section No. 13, Township No. 5, Range No. 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof of record in Plat Book 3, Page 155, Recorder's Office, Franklin County, Ohio.
Parcel Number: 010-040872
Tract 5
Being twenty-five (25) feet off of the south side of Lot Number Nineteen (19) of John W Baker's Subdivision of a part of Half Section No. 13, Township No. 5, Range 22, Refugee Lands as the same is numbered and delineated upon the recorded plat of said Subdivision of record in Plat Book No. 1, page 59, Recorder's Office, Franklin County,
Ohio.
Also that portion of Reserve "A" in Knight, Noble and English's Addition lying between
the extension of the north and south lines of the above described property and the west line of a twelve foot alley, being on the east side of said Reserve "A".
Parcel Number 010-001544
Tract 6
Being Nine (9) feet off of the south side of Lot No. Twenty (20) and fifteen feet (15) off of the north side of Lot No. Nineteen (19) of John W Baker's Australia Addition to said City as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, page 59, Recorder's Office, Franklin County, Ohio.
Also that portion of Reserve "A" in Knight, Noble and English's Addition to said City as is included between the extensions of the north and south lines of the above described property and between the east side of the said described property and the west line, of a 12 foot alley on the east side of said Reserve "A" as said reserve is delineated upon the recorded plat thereof, of record in Plat Book 3, page 155, Recorder's Office, Franklin County, Ohio.
Parcel Number: 010-014343
Tract 7
Being part of Lot 20 of J. W. BAKER'S AUSTRALIA ADDITION, as same is numbered and delineated upon the recorded plat thereof of record in Plat Book 1, Page 59, Recorder's office, Franklin County, Ohio, and part of RESERVE "A" OF KNIGHT, NOBLE & ENGLISH'S SUBDIVISION, as same is delineated upon the recorded plat thereof of record in plat Book 3, Page 155, said Recorder's Office, and being more particularly described as follows:
BEGINNING at a found solid iron pin in the northwest corner of said Lot 20, being the intersection of the east line of North Seventeenth Street (48 4 feet wide) with the south line of a twelve (12) foot alley;
Thence, along the north line of said Lot 20, the north line of said Reserve "A" and the south line of said 12 foot alley, EAST, 106 20 feet to a found iron pipe at the northeast corner of said Reserve "A";
Thence, along part of an east line of said Reserve "A" and the west line of a twelve-foot alley, South 01 degrees 38 minutes 49 seconds West, 30.35 feet to a found iron pipe;
Thence, across said Reserve "A" and said Lot 20, North 89 degrees 57 minutes 50 seconds West, 112.03 feet to a found iron pipe in the west line of said Lot 20 and the east line of said North Seventeenth Street;
Thence, along part of the west line of said Lot 20 (the east line of North Seventeenth Street), North 12 degrees 29 minutes 10 seconds East, 31.00 feet to the place of beginning CONTAINING 0.076 ACRES, subject however, to all legal highways, easements, leases and restrictions of record, and of records in the respective utility offices.
The foregoing description was prepared from an actual field survey made by MYERS SURVEYING COMPANY, INC. in October 1998. Iron pipes set are 30" X 1" (O.D.) with orange plastic caps inscribed "P.S. 6579". Basis of bearings is the north line of Lot 20 held as EAST.
Parcel Number 010-031982
Tract 8 (Alley)
Being all of a twelve (12) foot wide alley as shown on Lowrey's Subdivision, of record in Plat Book 4, Page 193, Recorder's Office, Franklin County, Ohio and a twelve (12) foot wide alley shown on City of Columbus Right of Way Plans which is part of Reserve A of Knights Noble and English's Subdivision, Plat Book 1, Page 155 and being more particularly described as follows:
Commencing at the northwest corner of Lot 1 of said Lowrey's Subdivision, also being the intersection of the south line of E. Long Street (70 feet wide) with the east line of N. 17th Street (48.4 feet wide);
Thence, along part of the west line of said Lot 1, the east line of N. 17th Street, South 03 degrees 19 minutes 17 seconds West, 92.39 feet to the southwest corner of said Lot 1, the northwest corner of said 12 foot wide alley of Lowrey's Subdivision and being THE TRUE POINT OF BEGINNING of this description;
Thence, along the north line of said 12 foot wide alley of Lowrey's Subdivision, along the south line of said Lot 1 and the south lines of Lots 2 and 3 of said Subdivision, North 80 degrees 55 minutes 39 seconds East, 116.63 feet to the southeast corner of said Lot 3, the northeast corner of said 12 foot wide alley of Lowrey's Sub., also being on the west line of Lot 1 of Knights Noble and English's Subdivision, (Plat Book 3, Page 155);
Thence, along the east line of said 12 foot wide alley of Lowrey's Subdivision, along the east line of said 12 foot wide alley shown on City of Columbus Right of Way Plans, along part of the east line of said Reserve A, along part of the west line of Lot 1 of said Knights Noble and English's Sub., South 07 degrees 59 minutes 00 seconds East, 93.03 feet to the southeast corner of said Reserve A, the southwest corner of said Lot 1 of Knights Noble and English's Sub., also being on the north line of an alley commonly known as Almond Alley, (width varies) as shown on said Knights Noble and English's Subdivision;
Thence, along part of the south line of said Reserve A, along the south line of said 12 foot wide alley shown on City of Columbus Right of Way Plans, the north line of said Almond Alley, South 81 degrees 52 minutes 03 seconds West, 12.00 feet to the southeast corner of the tract conveyed to City County Holding Company (Instrument Number 201103310043464), also being the southwest corner of said 12 foot wide alley shown on City of Columbus Right of Way Plans;
Thence, across said Reserve A, along the west line of said 12 foot wide alley shown on City of Columbus Right of Way Plans, along the east line of said City County Holding Company tract, along the east line of the tract conveyed to City County Holding Company (Instrument Number 201011150153555) and along the east line of Tract Four, a 0.076 Acre tract conveyed to City County Holding Company (Instrument Number 20115270067447), North 07 degrees 59 minutes 00 seconds West, 80.83 feet to the northeast corner of said 0.076 Acre tract, the northwest corner of said 12 foot wide alley shown on City of Columbus Right of Way Plans, also being on the north line of the remaining part of Reserve A, and being on the south line of said 12 foot wide alley of Lowrey's Subdivision;
Thence, along part of the north line of the remaining part of Reserve A, along the north line of Lot 20 of JW Bakers Subdivision (Plat Book 1, Page 59), along part of the south line of said 12 foot wide alley of Lowrey's Subdivision, along the north line of said 0.076 Acre tract, South 80 degrees 55 minutes 39 seconds West, 107.04 feet to the northwest corner of said 0.076 Acre tract, the northwest corner of said Lot 20, also being on the east line of N. 17th Street;
Thence, along the west line of said 12 foot wide alley of Lowrey's Subdivision, along the east line of N. 17th Street, North 03 degrees 19 minutes 17 seconds East, 12.29 feet to the point of beginning CONTAINING 0.055 ACRES. Basis of bearings is the south line of E. Long Street held as North 81 degrees 52 minutes 03 seconds East as per State Plane Coordinates NAD83 South Zone. The foregoing description was prepared for ZONING PURPOSES ONLY.
90 North Seventeenth Street:
Tract 1
Being Lot No. 14 of J. W. BAKER'S SUBDIVISION as said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 59, Recorder's Office, Franklin County, Ohio, excepting ten (10) feet off the south side of said lot in Gay Street, and excepting sixty (60) feet off the west end thereof.
Tract 2
Being sixty (60) feet off of the west end of Lot No. 14, except ten (10) feet off of the south side thereof in Gay Street, in J. W. BAKER'S SIJBDIVISION as said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 59, Recorder's Office, Franklin County, Ohio.
Tract 3
Being Lot No. Thirteen (13) of KNIGHT, NOBLE & ENGLISH'S SUBDIVISON of part of Half Section 13, in said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 155, Recorder's Office, Franklin County, Ohio.
Tract 4
Being Lot No. 15 of J. W. BAKER'S SUBDIVISION of part of Half Section 13, Township 5, Range 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 59, Recorder's Office, Franklin County, Ohio.
Tract 5
Being Lot No. 16 of J. W. BAKER'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 59, Recorder's Office, Franklin County, Ohio.
Tract 6
Being Lot No., Seventeen (17) of JOHN W. BAKER'S SUBDIVISION of part of Half Section No. 13, Township No. 5, Range No. 22, Refugee Lands, called "AUSTRALIA ADDITION" to said city, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 59, Recorder's Office, Franklin County, Ohio.
Tract 7
Being the south part of Lot No. Eighteen (18) of JOHN W. BAKER'S AUSTRALIA ADDITION to the City of Columbus, Ohio, according to the plat of said addition of record in Plat Book 1, Page 59, Franklin County Records, said South part being Twenty-Five (25) feet front on Seventeenth Street and running East of that width 100 feet to the East line of said lot, being all of said lot which lies south of the alley being the same premises conveyed to John R. Jones by L. Benton Tussing by deed dated September 25, 1901.
Parcel Number for all seven (7) tracts: 010-015189
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an office/retail/apartment building with 971 square feet of retail space and 2,696 square feet of office space on the first floor, and a maximum of 10 apartments total on the second and third floors (905 East Long Street), with a six-unit apartment building (108 South Seventeenth Street) on the same lot, and an eighteen-unit apartment building (90 South Seventeenth Street) on a separate lot, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plans titled, "PROPOSED SITE PLAN - SHEETS SP .21 & SP .11," drawn by Urban Order Architects, dated March 7, 2013, and signed Steven Hurt, Architect. The plans 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 plans 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 the passage of any necessary right-of-way vacation ordinances by Columbus City Council.
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. 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..
SECTION 7. That Ordinance No. 1271-2011, passed on September 12, 2011, be and is hereby repealed.