Explanation
Council Variance Application: CV04-004
APPLICANT: National Church Residences; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Suite 725; Columbus, Ohio 43215.
PROPOSED USE: A 100 dwelling-unit apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. A Council variance is necessary in that the M-2, Manufacturing District does not allow residential uses. A hardship exists in that a tax credit program requires Council action prior to completion of a rezoning process, which will follow as a condition of this action. A similar Council variance (CV02-070) for 80 dwelling units was passed by Council on March 10, 2003 however the applicant did not receive funding and never finished the rezoning to L-AR-12 (Z02-107). In addition, on September 23, 2003 Council approved zoning request Z02-094, which established a significant amount of L-AR-12 zoning on property to the east of this proposal. The applicant also requests a variance to reduce the number of required parking spaces from two (2) parking spaces per unit to 3/4 parking space per unit. Deviation from the Brice/Tussing Area Plan recommendation for light manufacturing uses on this site is justified due to the close proximity of new retail development immediately to the east to serve the proposed residential development. This ordinance is conditioned on no building permits being issued until the applicant files and pursues to completion, through City Council action, a complete rezoning application to establish an appropriate zoning district for the proposed use.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2, Manufacturing District, 3342.28, Minimum number of parking spaces required, of Columbus City Codes; for the property located at 5542 CHANTRY DRIVE (43232), to permit a 100 dwelling-unit apartment complex in the M-2, Manufacturing District with reduced parking and to declare an emergency.
Body
WHEREAS, by application #CV02-070, the owner of property at 5542 CHANTRY DRIVE (43232), is requesting a Council Variance to permit an 80 dwelling-unit apartment complex in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing District, prohibits residential uses, while the applicant proposes to develop a 100 dwelling-unit apartment complex; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, would require two (2) parking spaces per dwelling unit for multi-family with three (3) or more dwelling units, while the applicant proposes to provide 3/4 parking space per dwelling unit; and
WHEREAS, City Departments note a hardship exists and recommend approval because deadlines for filing for tax credit require Council action prior to completion of the pending rezoning application; and
WHEREAS, said ordinance is conditioned on no building permits being issued until the applicant files and pursues to completion, through City Council action, a complete rezoning application to establish an appropriate zoning district for the proposed use.
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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin construction for the immediate preservation of the public peace, property, health and safety; now therefore:
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 5542 CHANTRY DRIVE (43232), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3367.01, M-2, Manufacturing District and 3342.28, Minimum number of parking spaces required of Columbus City Codes are hereby granted for the property located at 5542 CHANTRY DRIVE (43232), insofar as said sections prohibit a 100 dwelling unit apartment complex with 3/4 parking space per dwelling unit, said property being more particularly described as follows:
4.571 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of that tract of land conveyed to Western Land Investment Company by deed of record in Deed Book 3003, Page 446 (all reference being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at the centerline intersection of Park Crescent Drive and Chantry Drive;
thence South 59° 01' 41" East, with the centerline of said Chantry Drive, a distance of 691.92 feet to a point;
thence South 30° 14' 56" West, a distance of 44.66 feet to a northwesterly corner of said Western Land Investment Company tract in the northerly right-of-way line of said Chantry Drive, the True Point of Beginning for this description;
thence with said northerly right-of-way line the following courses and distances:
with the arc of a curve to the left (Delta = 27° 20' 09", Radius = 861.00 feet) a chord bearing and distance of South 72° 41' 06" East, 406.90 feet to a point; and
South 85° 52' 40" East, a distance of 49.50 feet to a point;
thence the following courses and distances:
South 04° 25' 04" West, a distance of 463.58 feet to a point of curvature to the right;
North 58° 45' 36" West, a distance of 723.13 feet to a point;
North 30° 15' 13" East, a distance of 128.37 feet to a point;
South 59° 44' 55" East, a distance of 80.01 feet to a point; and
North 30° 14' 56" East, a distance of 163.51 feet to the True Point of Beginning, containing 4.571 acres of land, more or less.
7.222 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of that tract of land conveyed to Western Land Investment Company by deed of record in Deed Book 3003, Page 446 (all reference being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at the centerline intersection of Park Crescent Drive and Chantry Drive;
thence North 31° 09' 49" East, with the centerline of said Park Crescent Drive, a distance of 321.41 feet to a point;
thence South 58° 40' 18" East, a distance of 39.24 feet to a northwesterly corner of said Western Land Investment Company tract in the easterly right-of-way line of said Park Crescent Drive, the True Point of Beginning for this description;
thence the following courses and distances:
South 58° 40' 18" East, a distance of 520.26 feet to a point;
South 85° 41' 05" East, a distance of 400.03 feet to a point; and
South 04° 29' 12" West, a distance of 395.01 feet to a point in the northerly right-of-way line of said Chantry Drive;
thence with said northerly right-of-way line the following courses and distances:
North 85° 18' 57" West, a distance of 53.31 feet to a point of curvature to the right;
with the arc of said curve (Delta = 27° 57' 53", Radius = 800.70 feet) a chord bearing and distance of North 71° 43' 03" West, 386.94 feet to a point;
North 58° 45' 06" West, a distance of 550.29 to a point of curvature to the right; and
with the arc of said curve (Delta = 90° 25' 18", Radius = 80.00 feet) a chord bearing and distance of North 13° 11' 21" West, 113.55 feet to a point;
thence North 31° 12' 03" East, with said easterly right-of-way line, a distance of 201.77 feet to the True Point of Beginning, containing 7.222 acres of land, more or less.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 100 dwelling-unit apartment complex, or those uses permitted in the M-2, Manufacturing District.
Section 3. That this ordinance is conditioned upon the developer providing a twenty-five foot deep perimeter yard except for those portions of the property lines which are adjacent to Chantry Drive. The developer shall install a row of evergreen trees and shade trees along the perimeter of the site except for those portions of the property lines which are adjacent to Chantry Drive. In addition, mounding (minimum height of three feet) and a 6 six foot high privacy fence shall be installed within the perimeter yard along the railroad track. The minimum size of plant material at time of installation shall be as follows: Deciduous Tree - 2 ½" caliper, Ornamental Tree - 1 ½ " caliper, Evergreen Tree - six (6) feet.
Section 4. That this ordinance is further conditioned on no building permits being issued until the applicant pursues to completion, through City Council action, a complete rezoning application (Z02-107) to establish an appropriate zoning district for the proposed use.
Section 5. That this ordinance is further conditioned on the applicant extending a sidewalk from the building entrances to the sidewalk along Chantry Drive.
Section 6. That the parking variance for 3/4 parking space per unit shall only apply for so long as said property is used for a 100 dwelling-unit apartment complex.
Section 7. 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.