Explanation
Council Variance Application # CV13-039
APPLICANT: Lifestyle Communities, Ltd; c/o Michael T. Shannon, Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development with reduced development standards.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant received a recommendation of approval from the Development Commission on January 9, 2014, for a concurrent rezoning (Ordinance No. 00920-2014, Z13-055) to the L-ARLD, Limited Apartment Residential, CPD, Commercial Planned Development, and PUD-8, Planned Unit Development Districts, which will allow mixed commercial and residential development with up to 30,000 square feet of commercial area and a total of 410 residential units. The Development Text for Z13-055 permits C-4, Commercial District uses, and the requested variance will allow ground-floor residential uses in the two CPD Districts by varying the C-4 District permitted uses. The proposal also includes variances for maneuvering across parcel lines, reduced parallel parking space size on private streets, setbacks, and perimeter yard in the L-ARLD District. The site is within the boundaries of the Rocky Fork/Blacklick Accord (2003), which recommends "Town Mixed Use" development for this location, and the proposal received a recommendation of approval from the RFBA panel on November 21, 2013. The requested variances are supported in order to achieve the Rocky Fork/Blacklick Accord land use recommendations and desired design elements. 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 3356.03 C-4 permitted uses; 3312.27(1), Parking setback line; 3312.25, Maneuvering; 3312.29, Parking space; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City codes; for the property located at 6106 CENTRAL COLLEGE ROAD (43054), to permit ground-floor residential uses in the CPD, Commercial Planned Development District, and reduced development standards for an apartment complex in the L-ARLD, Limited Apartment Residential District and to declare an emergency (Council Variance # CV13-039).
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WHEREAS, by application No. CV13-039, the owner of property at 6106 CENTRAL COLLEGE ROAD (43054), is requesting a Council Variance to permit ground-floor residential uses in the CPD, Commercial Planned Development District, and reduced development standards for an apartment complex in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not permit ground floor residential use, while the applicant proposes mixed-use buildings with ground-floor residential uses in the CPD, Commercial Planned Development District for Subareas B and C; and
WHEREAS, Section 3312.27(1), Parking setback line, requires a parking setback line of twenty-five (25) feet along undeveloped frontage, while the applicant proposes a parking setback line of zero (0) feet along New Albany Road West in Subarea A; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet, while the applicant proposes parallel parking spaces of eight (8) by twenty-two (22) feet along the private street system in Subarea A, and parking spaces divided by parcel lines as may be applicable with a possible lot split of the L-ARLD District (Subarea A) from the CPD District (Subarea B); and
WHEREAS, Section 3312.25, Maneuvering, requires maneuvering area for parking spaces to be located on-site, while the applicant proposes vehicle maneuvering across property lines, as may be applicable with a possible lot split of the L-ARLD District (Subarea A) from the CPD District (Subarea B); and
WHEREAS, Section 3333.18, Building lines, requires a building line to be a minimum of twenty-five (25) feet from New Albany Road West, while the applicant proposes a building line of zero (0) feet in Subarea A; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for an apartment complex, while the applicant proposes to reduce the minimum perimeter yard in Subarea A to zero (0) feet along the boundary of Subarea B should those subareas develop as separate lots/parcels; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal achieves the Rocky Fork/Blacklick Accord land use recommendations and desired design elements for "Town Mixed Use" development. 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; and
WHEREAS, said 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 6106 CENTRAL COLLEGE ROAD (43054), 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; 3312.27(1), Parking setback line; 3312.25, Maneuvering; 3312.29, Parking space; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City codes; is hereby granted for the property located at 6106 CENTRAL COLLEGE ROAD (43054), in so far as said sections prohibit ground-floor residential uses in the CPD, District (Subarea B), and the following reduced development standards in the L-ARLD District (Subarea A): a reduced parking setback line of zero (0) feet, maneuvering across property lines for parking spaces, parallel parking spaces of eight (8) by twenty-two (22) feet and parking spaces divided by parcel lines, a reduced building line of zero (0) feet, and a reduction in the required perimeter yard from twenty-five (25) feet to zero (0) feet adjacent to the Subarea B CPD District, said property being more particularly described as follows:
6106 CENTRAL COLLEGE ROAD (43054), being 21.3± acres located at the northeast and northwest corners of Central College Road and New Albany Road West
ZONING EXHIBIT
SUBAREA A
16.0 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of that 15.078 acre tract as conveyed to The New Albany Company, LLC by deed of record in Instrument Number 201009300128651 and that 2.201 acre tract conveyed to Central College Hospitality Ltd by deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
BEGINNING at a northeasterly corner of said 2.201 acre tract, a southeasterly corner of New Albany Park Condominium of record in Condominium Plat Book 109, Page 75 being the westerly right-of-way line of New Albany Road West of record in Plat Book 101, Page 37;
thence with said westerly right-of-way line, with the arc of a curve to the right, having a central angle of 12º 34' 59", a radius of 550.00 feet, an arc length of 120.79 feet, a chord bearing of South 11º 35' 12" East and chord distance of 120.55 feet to a point;
thence across said 2.201 and 15.078 acre tracts, the following courses and distances:
North 85º 59' 39" West, a distance of 100.72 feet to a point;
North 04º 00' 21" East, a distance of 18.96 feet to a point;
North 85º 59' 09" West, a distance of 71.43 feet to a point;
South 04º 00' 21" West, a distance of 78.97 feet to a point;
South 85º 59' 39" East, a distance of 25.82 feet to a point;
South 04º 00' 21" West, a distance of 210.50 feet to a point;
North 85º 59' 39" West, a distance of 38.81 feet to a point;
South 04º 00' 21" West, a distance of 85.68 feet to a point;
South 85º 59' 39" East, a distance of 30.00 feet to a point;
North 04º 00' 21" East, a distance of 1.17 feet to a point;
South 85º 59' 39" East, a distance of 60.00 feet to a point;
North 04º 00' 21" East, a distance of 27.06 feet to a point; and
South 85º 59' 39" East, a distance of 102.37 feet to a point in said westerly right-of-way line;
Thence South 04º 00' 21" West, with said westerly right-of-way line, a distance of 200.93 feet to a point of curvature;
thence with said westerly right-of-way line and with the northerly right-of-way line of Central College road, of record in Plat Book 101, Page 37, with the arc of a curve to the right, having a central angle of 90º 00' 00", a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of south 49º 00' 21" West and chord distance of 70.71 feet to a point of tangency;
thence North 85º 59' 39" West, with said northerly right-of-way line, a distance of 1035.35 feet to a point in the westerly line of said 15.078 acre tract;
thence North 03º 37' 59" East, with said westerly line, a distance of 695.02 feet to the northwesterly corner of said 15.078 acre tract:
thence South 85º 59' 39" East, with the northerly line of said 15.078 and 2.201 acre tracts, a distance of 1050.23 feet to the POINT OF BEGINNING containing 16.0 acres, more or less.
This description was prepared from record information and is intended to be used for zoning purposes only.
ZONING EXHIBIT
SUBAREA B
1.3 ACRES
SITUATED IN THE State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United State Military Lands, being part of that 15.078 acre tract as conveyed to The New Albany Company, LLC by deed of record in Instrument Number 201009300128651 and part of that 2.201 acre tract conveyed to Central College Hospitality Ltd by deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at a northeasterly corner of said 2.201 acre tract, a southeasterly corner of New Albany Park condominium of record in Condominium Plat Book 109, Page 75, being the westerly right-of-way line of New Albany Road West of record in Plat Book 101, Page 37
thence with said westerly right-of-way line, with the arc of a curve to the right, having a central angle of 12º 34' 59", a radius of 550.00 feet, an arc length of 120.79 feet, a chord bearing of South 11º 35' 12" East and chord distance of 120.55 feet to the TRUE POINT OF BEGINNING;
thence continuing with said westerly right-of-way line, with the arc of said curve to the right, having a central angle of 09º 18' 03", a radius of 550.00 feet, an arc length of 89.28 feet, a chord bearing of South 00º 38' 41" East and chord distance of 89.18 feet to a point of tangency;
thence South 04º 00' 21" West, continuing with said westerly right-of-way line, a distance of 239.07 feet to a point;
thence across said 2.201 and said 15.078 acre tracts, the following courses and distances;
North 85º 59' 39" West, a distance of 102.37 feet to a point;
South 04º 00' 21" West, a distance of 27.06 feet to a point;
North 85º 59' 39" West, a distance of 60.00 feet to a point;
South 04º 00' 21" West, a distance of 1.17 feet to a point;
North 85º 59' 39" West, a distance of 30.00 feet to a point;
North 04º 00' 21" East, a distance of 85.68 feet to a point;
South 85º 59' 39" East, a distance of 38.81 feet to a point;
North 04º 00' 21" East, a distance of 210.50 feet to a point;
North 85º 59' 39" West, a distance of 25.82 feet to a point;
North 04º 00' 21" East, a distance of 78.97 feet to a point;
South 85º 59' 09" East, a distance of 71.43 feet to a point;
South 04º 00' 21" West, a distance of 18.96 feet to a point;
South 85º 59' 39" East, a distance of 100.72 feet to the TRUE POINT OF BEGINNING containing 1.3 acres, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
ZONING EXHIBIT
SUBAREA C
4.0 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 7, Quarter Township 2, Township 2, Range 16, United States Military Lands, being part of that 17.166 acre tract as conveyed to Central College Hospitality Ltd. By deed of record in Instrument Number 201208280126113 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
BEGINNING at a northwesterly corner of said 17.166 acre tract, a southwesterly corner of that 36.212 acre tract as conveyed to Farms at New Albany Park by deed of record in Instrument Number 200804030050911, being the easterly right-of-way line of New Albany Road West, of record in Plat Book 101, Page 37;
thence with the northerly line of said 17.166 acre tract, the southerly line of said 36.212 acre tract, the following courses and distances:
North, 70º 05' 17" East, a distance of 61.54 feet to a point;
South 86º 02' 36" East, a distance of 109.39 feet to a point of curvature;
with the arc of a curve to the left, having a central angle of 29º 00' 56", a radius of 205.00 feet, an arc length of 103.82 feet, a chord bearing of south 71º 29' 48" East and chord distance of 102.71 feet to a point of tangency;
South 86º 00' 14" East, a distance of 73.96 feet to a point of curvature;
with the arc of a curve to the right, having a central angle of 78º 06' 06", a radius of 15.00 feet, an arc length of 20.45 feet, a chord bearing of South 46º 57' 11" East and chord distance of 18.90 feet to a point of tangency; and
with the arc of a curve to the left, having a central angle of 46º 44' 54", a radius of 97.50 feet, an arc length of 79.55 feet, a chord bearing of South 31º 34' 16" East and chord distance of 77.36 feet to a point;
thence South 03º 37' 59" West, across said 17.166 acre tract, a distance of 242.96 feet to a point;
thence South 55º 44' 02" West, continuing across said 17.166 acre tract, a distance of 471.02 feet to a point in the easterly right-of-way line of said New Albany Road West,
thence North 04º 00' 21" East, with said easterly right-of-way line, a distance of 413.33 feet to a point of curvature;
thence continuing with said easterly right-of-way line, with the arc of a curve to the left, having a central angle of 17º 37' 43", a radius of 650.00 feet, an arc length of 199.99 feet, a chord bearing of North 04º 48' 30" West and chord distance of 199.20 feet to the POINT OF BEGINNING containing 4.0 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 multi-unit residential development.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the Plan titled, "PRELIMINARY DEVELOPMENT PLAN," dated April 14, 2014, drawn by OHM Advisors,and signed by Michael T. Shannon, 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 plans 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 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.