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File #: 2322-2024    Version: 1
Type: Ordinance Status: Passed
File created: 8/16/2024 In control: Zoning Committee
On agenda: 9/9/2024 Final action: 9/12/2024
Title: To grant a Variance from the provisions of Sections 3333.04, Permitted uses in AR-O apartment office district; 3312.49(C), Required parking; and 3333.18, Building lines, of the Columbus City Codes; for the property located at 494 ST. CLAIR AVE. (43203), to allow reduced development standards for an apartment building in the AR-O, Apartment Office District (Council Variance #CV24-054).
Attachments: 1. ORD2322-2024_Attachments, 2. ORD2322-2024_Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
9/12/20241 CITY CLERK Attest  Action details Meeting details
9/11/20241 MAYOR Signed  Action details Meeting details
9/9/20241 COUNCIL PRESIDENT Signed  Action details Meeting details
9/9/20241 Zoning Committee Waive the 2nd ReadingPass Action details Meeting details
9/9/20241 Zoning Committee ApprovedPass Action details Meeting details
9/9/20241 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
9/9/20241 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details

Explanation

 

Council Variance Application:  CV24-054

 

APPLICANT:  National Church Residences; c/o Matthew Bierlein, Atty.; 2335 North Bank Drive; Columbus, OH 43220.

 

PROPOSED USE:  Senior housing and temporary parking.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #2321-2024; Z23-010) to the AR-O, Apartment Office District on an existing surface parking lot. The applicant proposes an 84-unit apartment building for seniors on this parking lot site. Additionally, this request will allow the existing parking lot, utilized by the religious facility located at 461 St. Clair Avenue, to continue to be used until redevelopment, or until May 31, 2025, whichever occurs first. The request includes a variance to reduce the building setback along St. Clair Avenue to facilitate moving the proposed apartment building closer to the street, consistent with the urban development pattern of the neighborhood. Additionally, parking reductions for the proposed apartment building and existing religious facility are supported.

 

Title

 

To grant a Variance from the provisions of Sections 3333.04, Permitted uses in AR-O apartment office district; 3312.49(C), Required parking; and 3333.18, Building lines, of the Columbus City Codes; for the property located at 494 ST. CLAIR AVE. (43203), to allow reduced development standards for an apartment building in the AR-O, Apartment Office District (Council Variance #CV24-054).

 

Body

 

WHEREAS, by application #CV24-054, the owner of property at 494 ST. CLAIR AVE. (43203), is requesting a Council variance to allow reduced development standards for an apartment building in the AR-O, Apartment Office District; and

 

WHEREAS, Section 3333.04, Permitted uses in AR-O apartment office district, prohibits off-site parking as a primary use, while the applicant proposes to allow the existing parking lot to remain as a temporary parking lot for the religious facility located at 461 St. Clair Avenue until the site is redeveloped, or until May 31, 2025; and

 

WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling-unit, or 126 spaces for an 84-unit apartment building, and a total of 200 parking spaces for the existing religious facility, while the applicant proposes to provide a total of 51 spaces for the apartment building, and 89 spaces for the religious facility in the residual CPD district (Ordinance #2077-00; Z00-003) as reflected on the attached Parking Variance Plan; and

 

WHEREAS, Section 3333.18, Building lines, requires a building line of no less than 10 feet along St. Clair Avenue, while the applicant proposes a reduced building line of four feet along St. Clair Avenue for the proposed apartment building;

 

WHEREAS, the City Departments recommend approval because the requested variances allow an 84-unit apartment building consistent with the urban development pattern of the neighborhood, with reduced parking that is appropriate for the future tenants of this development and the current needs of the religious facility; and

 

WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed apartment building; 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 494 ST. CLAIR AVE. (43203), 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 3333.04, Permitted uses in AR-O apartment office district; 3312.49(C), Required parking; and 3333.18, Building lines, of the Columbus City Codes, is hereby granted for the property located at 494 ST. CLAIR AVE. (43203), insofar as said sections prohibit a parking lot as the primary use in the AR-O, Apartment Office District; a parking space reduction from 126 to 51 spaces for the proposed apartment building, and from 200 to 89 spaces for the existing religious facility; and a reduced building line from 10 to four feet along St. Clair Avenue for the proposed apartment building, said property being more particularly described as follows:

 

494 ST. CLAIR AVE. (43203), being 1.50± acres located on the east and west side of St. Clair Avenue, 60± feet south of Old Leonard Avenue, and being more particularly described as follows:

 

AR-O Property:

 

The Land referred to herein below is situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:

Parcel No. 1 (PID:  010-004474)

 

Tract One:

Being Lot Number Thirty-Eight (38) of the RICHARD JONES ADDITION, as the same is numbered and delineated upon the record plat thereof, of record in Plat Book 7, Page 14, Recorder's Office, Franklin County, Ohio.

 

Tract Two:

Lot Number One Hundred and Twenty Eight thru One Hundred and Thirty Five (128 thru 135) of the Jones Addition to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat thereof, of record in Plat Book Number 4, Page 348, Recorder’s Office, Franklin County, Ohio.

 

Parcel No. 2 (PID:  010-026447)

 

Being Lot Number Seven (7), Felton’s Addition, as the same is Numbered and delineated upon the

recorded Plat thereof, of Record in Plat Book 4, Page 85, Recorder’s Office Franklin County, Ohio.

 

R-2F Property:

 

The Land referred to herein below is situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:

 

Parcel No. 1 (PID 010-067042)

 

Being lots numbers one hundred ninety-nine (199) and two hundred (200) and two hundred one (201) in Deshler, Sinks and Hoover’s Garrison Park Subdivision, in the City of Columbus, Ohio, as show and delineated on the recorded plat of said subdivision in Plat Book 4, Page 96, et. seq., in the Recorder’s Office , Franklin County, Ohio.

 

Parcel No. 2 (PID 010-017958)

 

Being the south one-half of lot number one hundred ninety-seven (197) and all of lot number one hundred ninety-eight (198) of Deshler, Sinks and Hoover’s Garrison Park Place Subdivision, as the said lots are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 96, Recorder’s Office, Franklin County.

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a temporary parking lot for the religious facility located at 461 St. Clair Avenue, or those uses permitted in the AR-O, Apartment Office District.

 

SECTION 3.  That this ordinance is further conditioned on the subject site being developed in general conformance with the site plans titled, "SITE VARIANCE PLAN," and "PARKING VARIANCE PLAN," both signed by Matthew Bierlein, and dated August 21, 2024. 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 on the following: The religious facility at 461 St. Clair Avenue may continue to use the existing 120-space parking lot until said parking lot is redeveloped with the proposed apartment building, or until May 31, 2025, whichever occurs first.

 

SECTION 5.  That this ordinance is further conditioned on the Applicant or owner of the religious facility filing a rezoning application with the City of Columbus addressing parcels 010-001830 and 010-040265, subject to Ordinance #2077-00 (Z00-003), within 18 months of the effective date of this ordinance.

 

SECTION 6.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed apartment building.

 

SECTION 7.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.