Explanation
Council Variance Application # CV11-008
APPLICANT: Kinnear Road Redevelopment LLC; c/o Donald Plank, Atty.; Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Commercial access, maneuvering, parking, and a dumpster located in residentially zoned property, differing dwelling unit sizes, and reduced development standards for an office development and an apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Z11-010) to the L-M, Limited Manufacturing and AR-2, Apartment Residential Districts, to reduce the size and change the development standards of the current L-M District, and for the development of an apartment complex. This Council Variance will allow the current vehicular access for the L-M District through the AR-2 District; a commercial dumpster in the AR-2 District; a two-unit and a four-unit dwelling in the apartment complex; and includes variances for increased building height, reduced parking and building setbacks, parking lot screening, maneuvering, perimeter yard, and a parking space reduction of 10 spaces. The proposal commits to a site plan which proposes an existing office building and a 194-unit apartment complex, and includes appropriate screening for adjacent single-unit dwellings and from the railroad tracks and adjacent industrial uses. The access variance is supported because shared access from Kinnear Road was requested by the Public Service Department, and the maneuvering variance is a result of the lot split from the L-M District for the apartment complex. The other requested variances are supported because other apartment complex projects in the area have been approved with similar densities and setbacks, and the site design provides interior open space for residents. Approval of this request will not introduce incompatible uses to the area, and will result in a project that is consistent with established neighborhood development patterns.
Title
To grant a variance from the provisions of Sections 3333.025, AR-2, apartment residential district use; 3309.14(A), Height districts; 3312.21, Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.49, Minimum number of parking spaces required; 3333.18, Building lines, and 3333.255, Perimeter yard, of the Columbus City codes, for the property located at 813 KINNEAR ROAD (43212), to permit non-residential access, maneuvering, parking, and a dumpster located in residentially zoned property, differing dwelling unit sizes, and reduced development standards for development in the L-M, Limited Manufacturing District, and an apartment complex in the AR-2, Apartment Residential District and to declare an emergency (Council Variance # CV11-008).
Body
WHEREAS, by application No. CV11-008, the owner of property at 813 KINNEAR ROAD (43212) is requesting a Council Variance to permit commercial access, maneuvering, and a dumpster located in residentially zoned property, differing dwelling unit sizes, and reduced development standards for an office development in the L-M, Limited Manufacturing District, and an apartment complex in the AR-2, Apartment Residential District; and
WHEREAS, Section 3333.025, AR-2, apartment residential district use, prohibits vehicle parking, vehicular access, and maneuvering area for parking spaces for commercial and/or industrial uses from being located on residentially zoned property; prohibits a dumpster for non-residential use; and requires that all buildings in an apartment complex be a minimum of five (5) dwelling units, while applicant proposes to permit vehicular access, maneuvering, and parking spaces in the AR-2 District to be used in conjunction with the adjacent L-M District; a dumpster box for commercial trash collection from the adjacent office building to be located within the AR-2 District; and one (1) four (4) unit dwelling and one (1) two (2) unit dwelling within the apartment complex development; and
WHEREAS, Section 3309.14(A), Height districts, prohibits the height of a building to exceed thirty-five (35) feet, while the applicant proposes three (3) story apartment buildings that are up to forty (40) feet in height, measured as defined to the mid-point of the roof; and
WHEREAS, Section 3312.21, Landscaping and screening, requires perimeter landscaping in commercial parking lots, while the applicant proposes no landscaping and screening along the south and west sides of the parking lot in the L-M District for maneuvering purposes; and
WHEREAS, Section 3312.25, Maneuvering, requires maneuvering area for parking spaces to be located on-site, while certain parking spaces for the office site will maneuver across a common property line of the L-M and AR-2 districts, but all code required maneuvering shall be provided on-site and/or by easement; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum ten (10) foot parking setback line along Kinnear Road for the L-M District and a minimum twenty-five (25) foot parking setback line for the AR-2 District, while the applicant proposes a five (5) foot parking setback for the L-M District, and requests a five (5) foot parking setback for the AR-2 District if the City of Columbus acquires additional right of way in the future to meet the Columbus Thoroughfare Plan (CTP) designation for the Kinnear Road frontage west of the existing curbcut; and
WHEREAS, Section 3312.49, Minimum number of parking spaces required, requires 1.5 parking spaces per dwelling unit, a total of 291 parking spaces for a 194 unit apartment complex, while applicant proposes to provide 281 parking spaces at 1.45 spaces/dwelling unit (1.29 parking spaces/bedroom); and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of fifty (50) feet along Kinnear Road, while applicant proposes a twenty-five (25) foot building line for a leasing office and requests a five (5) foot building setback if the City of Columbus acquires additional right of way in the future to meet the CTP designation for the Kinnear Road frontage west of the existing curbcut; and
WHEREAS, Section 3333.255, Perimeter Yard, requires a twenty-five (25) foot perimeter yard for an apartment complex, while applicant proposes a zero (0) foot perimeter yard; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features and recognizes this development has safe pedestrian means throughout the development and a new sidewalk along the Kinnear Road frontage; and
WHEREAS, the City Departments recommend approval because the requested variance will not introduce incompatible uses to the area, and will result in project that is consistent with established neighborhood development patterns. The variance commits to a site plan which proposes an existing office building and a 194-unit apartment complex, and includes appropriate screening for adjacent single-unit dwellings and from the railroad tracks and adjacent industrial uses. The access variance is supported because shared access from Kinnear Road was requested by the Public Service Department, and the maneuvering variance is a result of the lot split from the L-M District for the apartment complex. The other requested variances are supported because other apartment complex projects in the area have been approved with similar densities and setbacks, and the site design provides interior open space for residents; 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 813 KINNEAR ROAD (43212), 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 3333.025, AR-2, apartment residential district use; 3309.14(A), Height districts; 3312.21, Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.49, Minimum number of parking spaces required; 3333.18, Building lines, and 3333.255, Perimeter yard, of the Columbus City codes, is hereby granted for the property located at 813 KINNEAR ROAD (43212), in so far as said section prohibits vehicular access, maneuvering, and parking spaces in the AR-2 District to be used in conjunction with the adjacent L-M District; a dumpster box for commercial trash collection from the adjacent office building to be located within the AR-2 District; and one (1) four (4) unit dwelling and one (1) two (2) unit dwelling within the apartment complex development, with an increased building height of forty (40) feet for three (3) story apartment buildings in the AR-2 District, no landscaping and screening along the south and west sides of the parking lot in the L-M District, maneuvering across common property lines, a five (5) foot parking setback for the L-M District, a five (5) foot parking setback for the AR-2 District if the City of Columbus acquires additional right of way to meet the CTP designation for the Kinnear Road frontage, a parking space reduction from 291 parking spaces to 281 spaces in the AR-2 District, a twenty-five (25) foot building line for the leasing office in the AR-2 District which can be reduced to five (5) feet if the City of Columbus acquires additional right of way to meet the CTP designation for the Kinnear Road frontage, and a reduced perimeter yard from twenty-five (25) feet to zero (0) feet in the AR-2 District, said property being more particularly described as follows:
813 KINNEAR ROAD (43212), being 5.77± acres located on the south side of Kinnear Road, 120± feet east of Rhonda Avenue, and being more particularly described as follows:
Tract 1
1.19 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 1, Township 1, Range 18 of the United States Military Lands, being part of the 3.749 acre tract conveyed to Nittany Lions, Ltd. by deed of record in Instrument Number 200109280223365 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the intersection of the centerline of Kinnear Road (width varies) with the westerly right-of-way line of CSX Transportation, Inc. railroad (100 feet wide)(formerly the Chesapeake and Ohio Railroad);
thence North 86° 14' 46" West, with the centerline of Kinnear Road, a distance of 342.03 feet, to a point;
thence South 11° 28' 43" East, across the right of way of Kinnear Road, a distance of 31.09 feet to a point in the southerly right-of way line of Kinnear Road;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 60.00 feet, to a point;
thence South 03° 45' 14" West, with an easterly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 20.00 feet, to a point;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 29.68 feet to the TRUE POINT OF BEGINNING;
thence South 86° 14' 46" East, continuing with said northerly line and said southerly right-of-way line, a distance of 257.80 feet, to a northeasterly corner of said 3.749 acre tract;
thence South 11° 28' 59" East, with the easterly line of said 3.749 acre tract, a distance of 153.34 feet, to a point;
thence across said 3.749 acre tract, the following courses and distances:
South 78° 29' 41" West, a distance of 230.84 feet, to a point;
North 11°30'28" West, a distance of 18.00 feet to a point;
South 78°29'32" West, a distance of 64.51 feet to a point on the arc of a curve to the right;
with the arc of said curve to the right, having a central angle of 02° 09' 56", a radius of 278.62 feet, an arc length of 10.53 feet, a chord bearing and distance of North 14° 53' 37" West, 10.53 feet, to a point of compound curvature;
with the arc of said curve to the right, having a central angle of 17° 42' 53", a radius of 117.67 feet, an arc length of 36.38 feet, a chord bearing and distance of North 04° 57' 12" West, 36.24 feet, to a point of tangency;
North 03° 54' 14" East, a distance of 162.52 feet, to the TRUE POINT OF BEGINNING, and containing 1.19 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
Tract 2
4.58 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 1, Township 1, Range 18 of the United States Military Lands, being part of the 3.749 acre tract conveyed to Nittany Lions, Ltd. by deed of record in Instrument Number 200109280223365, and all of the 2.390 acre tract conveyed to Julia E. Pfeifer by deed of record in Official Record 21456D13 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the intersection of the centerline of Kinnear Road (width varies) with the westerly right-of-way line of CSX Transportation, Inc. railroad (100 feet wide)(formerly the Chesapeake and Ohio Railroad);
thence North 86° 14' 46" West, with the centerline of Kinnear Road, a distance of 342.03 feet, to a point;
thence South 11° 28' 43" East, across the right of way of Kinnear Road, a distance of 31.09 feet to a point in the southerly right-of way line of Kinnear Road, being the TRUE POINT OF BEGINNING;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 60.00 feet, to a point;
thence South 03° 45' 14" West, with an easterly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 20.00 feet, to a point;
thence South 86° 14' 46" East, with a northerly line of said 3.749 acre tract and the southerly right-of-way line of Kinnear Road, a distance of 29.68 feet to a point;
thence across said 3.749 acre tract, the following courses and distances:
South 03° 54' 14" West, a distance of 162.52 feet, to a point of curvature to the left;
with the arc of said curve to the left, having a central angle of 17° 42' 53", a radius of 117.67 feet, an arc length of 36.38 feet, a chord bearing and distance of South 04° 57' 12" East, 36.24 feet, to a point of compound curvature;
with the arc of said curve to the left, having a central angle of 02° 09' 56", a radius of 278.62 feet, an arc length of 10.53 feet, a chord bearing and distance of South 14° 53' 37" East, 10.53 feet, to a point;
North 78° 29' 32" East, a distance of 64.51 feet, to a point in the easterly line of said 3.749 acre tract;
South 11°30'28" East, a distance of 18.00 feet to a point;
North 78°29'41" East, a distance of 230.84 feet to a point;
thence South 11° 28' 59" East, with said easterly line, a distance of 244.68 feet, to a point at a southeasterly corner of said 3.749 acre tract and a northeasterly corner of said 2.390 acre tract;
thence South 11° 29' 01" East, with the easterly line of said 2.390 acre tract, the northeasterly line of that tract conveyed to CSX Transportation, Inc. by deed of record in Official Record 13283G13, a distance of 378.91 feet, to a point at a northeasterly corner of that 7.814 acre tract conveyed to Rail Products International Inc. by deed of record in Official Record 28634E15;
thence South 78° 30' 59" West, with the northerly line of said 7.814 acre tract and a northerly line of that 1.648 acre tract conveyed to Rail Products International Inc. by deed of record in Official Record 28450G12, a distance of 260.10 feet, to a point;
thence North 11° 29' 27" West, with an easterly line of said 1.648 acre tract, a distance of 299.11 feet, to a northeasterly corner thereof;
thence South 79° 04' 26" West, with a northerly line of said 1.648 acre tract, a distance of 69.80 feet, to a point in the easterly line of "University View Subdivision No. Two" of record in Plat Book 21, Page 10;
thence North 11° 29' 27" West, with the easterly line of said "University View Subdivision No. Two", a distance of 587.76 feet, to the TRUE POINT OF BEGINNING, and containing 4.58 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with an apartment complex, or those uses permitted in the L-M and AR-2, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "KINNEAR ROAD DEVELOPMENT SITE DEVELOPMENT PLAN," drawn by EMH&T, dated June 7, 2011, and signed by Donald Plank, Attorney for the Applicant. 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 applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the following:
1. The developer shall install a westbound left turn lane at the Kinnear Road access point. The west bound Kinnear Road left turn lane, Kinnear Road access/curbcut, and vehicular circulation shall be subject to the approval of the Franklin County Engineer and/or City of Columbus Public Service Department, as applicable.
2. Street trees shall be a minimum two (2) inch caliper at installation and shall be a species approved by and planted at locations approved by the City Forester.
3. A minimum of three (3) trees, evergreen (minimum 5 feet at planting) and/or deciduous (minimum 2" caliper at planting) shall be planted west of the west wall of the 4-unit dwelling, between the west wall of the dwelling and the west fence along the property line.
4. The site plan notes "Optional Future Carports and/or Garages" and "Optional Future Accessory Storage Units" along the east and south property lines. If garages and/or storage units are not built, or if the carports are not enclosed on side facing the applicable perimeter property line, or if garages and/or carports and/or storage units are built, but not continuous along the east and south property lines, then a six (6) foot fence and landscaping shall be provided to achieve 75% opacity.
5. Pavement marking (ladder striping, crosswalk delineation or similar) shall be provided to mark a pedestrian crosswalk from the internal sidewalk to the compactor and bulk refuse area.
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.