Explanation
APPLICANT: JDS Jeffrey LLC; c/o Daniel H. Schoedinger, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Multi-Family residential and park uses.
ITALIAN VILLAGE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Council Variance would permit the conversion of two former office buildings listed on the National Historic Register into 76 multi-family dwelling units in the M, Manufacturing District with a provision for up to 65 additional dwelling units in single, two and multi-family structures with accompanying park use. The M, Manufacturing District does not permit residential or park uses. The site falls within the boundaries of the Italian Village East Redevelopment Plan, (2000), and is depicted as "commercial" on the proposed land use map. However, text of the redevelopment plan states, in part, that "The North Fourth Street Corridor should have a mix of commercial, residential and office land uses". Staff finds that the residential uses proposed for 224 E. First Avenue, while not consistent with the land use map, are consistent with the mixed use intent of the corridor. The applicant also requests a provision that any Certificate of Appropriateness issued by the Italian Village Area Commission that overrides the Standards of the National Park Service shall prevail although the Italian Area Commission may impose more stringent requirements than those of the National Park Service. The applicant also requests technical variances including a drive aisle reduced from a minimum width of 17 feet for parking spaces located at a 53 degree angle to the drive aisle to 15 feet in width, a drive aisle reduced from a minimum width of 20 feet for commercial uses to 17 feet in width while utilizing an existing driveway, parking lot landscaping installed along the perimeter of parking lots rather than in the interior of a parking lot, to allow parking to cross property lines instead of being on the same parcel as the use served, parking setbacks reduced from 10 feet to 0 feet along East First Avenue in the drop-off loop and to 5 feet elsewhere along East First Avenue, North Sixth Street and East Second Avenue, the minimum parking space size reduced from 9 feet by 18 feet to 8 1/2 feet by 18 feet, clear vision triangles reduced from 10 feet on each perpendicular side to 0 feet on each perpendicular side along North Sixth Street at the southeast corner of the R & D Building and reduced to 5 feet on each of the two perpendicular sides elsewhere along North Sixth Street and to 5 feet on each of the two perpendicular sides along East Second Avenue, a 50% reduction in the amount of Code required parking, building setbacks increased from the maximum of 10 feet allowed to 13 feet at the southwest corner to 34 feet at the northwest corner, to a maximum of 11.5 feet along East First Avenue and to a maximum of 56 feet along North Sixth Street and 58 feet along East First Avenue, and with parking lots between the building and the street.
Title
To grant a Variance from the provisions of Sections 3363.01, M-manufacturing districts; 3327.07, Certificate required; 3342.06, Aisle; 3342.08, Driveway; 3342.11, Landscaping; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.19, Parking space; 3342.25, Vision clearance and 3342.28, Minimum number of parking spaces required, 3372.609, Setback requirements 3372.615(A), Parking and circulation, of the Columbus City Codes for property located at 224 EAST FIRST AVENUE (43203), being 3.25± acres located at the northeast corner of North Fourth Street and East First Avenue, to permit residential and park uses with reduced development standards in the M, Manufacturing District.
Body
WHEREAS, by application No. CV02-067, the owner of property at 224 EAST FIRST AVENUE (43203), is requesting a Council Variance to permit multi-family residences and park uses in the M, manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing districts, prohibits residential and park use, while the applicant proposes to permit public/ private open space, attached or detached single-family dwellings, 2-family, 3-family or 4-family dwellings, multiple dwelling development, apartment house, apartment complex or fee simple townhouse development with multiple attached dwelling units with property lines corresponding to common party walls, in any combination, separately or together, on separate parcels or on the same parcel or with one or more forms of residential use on the same parcel, and occupy the two contiguous buildings with multi-family dwellings; and
WHEREAS, Section 3327.07, Certificate required, requires that except for cases excluded by C.C. 3116.23, no person shall construct, reconstruct, alter, change the exterior structure of or demolish any structure or architectural feature now or hereafter in Italian Village without first applying for a certificate of appropriateness therefor and obtaining either such certificate of appropriateness or a certificate that no architectural feature is involved, while the applicant proposes that if any Certificate of Appropriateness is issued by the conflicts with requirements of the National Park Service, and thereby prevent the property owner from obtaining federal tax credits for the restoration of those buildings, then those requirements of the certificate of appropriateness shall be subordinate to and overridden by the National Park Service requirements provided further that, if there are conflicting requirements with which the property owner proposes not to comply, the property owner must notify the Columbus Historic Preservation Office staff of the conflict and make a good faith effort to resolve the conflict in a manner that will be both satisfactory to the Columbus Historic Preservation Office staff and permit the property owner to obtain the federal tax credits sought by the property owner for the restoration of those buildings; and
WHEREAS, Section 3342.06, Aisle, requires a minimum width of seventeen (17) feet for parking spaces located at a 53 degree angle to the drive aisle, while the applicant proposes a fifteen (15) foot wide driveway to serve ten (10) parking spaces located at a fifty-three angle to the drive aisle/driveway; and
WHEREAS, Section 3342.08, Driveway, requires a minimum width of twenty (20) feet for commercial uses, while the applicant proposes to use the existing seventeen (17) foot wide driveway along the south side of the R&D Building; and
WHEREAS, Section 3342.11, Landscaping requires that one tree per every ten (10) parking spaces be provided in interior landscape islands within a parking lot with a minimum soil area of 16 square feet, while the applicant proposes to provide this landscaping around the perimeter of the parking lot; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to permit property lines to divide drive aisles, driveways and loading and to be located on parcels other than the parcel on which the parking space served is located; and
WHEREAS, Section 3342.18, Parking setback line, requires parking to be setback a minimum of ten (10) feet, while the applicant proposes a zero (0) foot parking setback along East First Avenue for parking in the drop-off loop, a minimum five (5) foot setback elsewhere along East First Avenue, North Sixth Street and East Second Avenue; and
WHEREAS, Section 3342.19, Parking space, requires the minimum size of all parking spaces to be 9 feet by 18 feet, while the applicant proposes a minimum parking space size of 8 ½ feet by 18 feet; and
WHEREAS, Section 3342.25, Vision clearance requires the size of required clear vision triangles to be 10 feet on each of the perpendicular sides, while the applicant proposes to reduce this to zero (0) feet on each of the two perpendicular sides along North Sixth Street at the southeast corner of the R & D Building, to five (5) feet on each of the two perpendicular sides elsewhere along North Sixth Street and to five (5) feet on each of the two perpendicular sides along East Second Avenue; and
WHEREAS, Section 3342.28, Minimum Number of Parking Spaces Required, requires off-street parking at code required ratios for each use, while applicant proposes a 50% reduction in code required off-street parking for all uses; and
WHEREAS, Section 3372.609, Setback requirements, requires a minimum building setback of zero (0) feet and a maximum building setback of ten (10) feet, while applicant proposes a maximum setback along North Fourth Street that increases from thirteen (13) feet at the southwest corner of the Office Building to thirty-four (34) feet at the northwest corner of the Office Building and to a maximum of eleven and one half (11.5) feet along East First Avenue, and fifty-eight (58) feet along East First Avenue where a Public-Private Setback Zone is provided for more than 50% of the building frontage and to a maximum of 56 feet along North Sixth Street; and
WHEREAS, Section 3372.615(A), Parking and circulation, prohibits parking, stacking and circulation aisles between a street right-of-way line and a principal building, while applicant proposes parking lots on the north and east sides of the Office Building and in the drop-off loop on the south side of the Office Building, between a public street right-of-way and a principal building; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments recommend approval; and
WHEREAS, the Italian Village Area Commission recommends approval; 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 224 EAST FIRST AVENUE (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 3363.01, M-manufacturing districts; 3327.07, Certificate required; 3342.06, Aisle; 3342.08, Driveway; 3342.11, Landscaping; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.19, Parking space; 3342.25, Vision clearance and 3342.28, Minimum number of parking spaces required, 3372.609, Setback requirements 3372.615(A), Parking and circulation, of the Columbus City Codes for property located at 224 EAST FIRST AVENUE (43203), insofar as said sections prohibit residential and park uses in the M, Manufacturing District with the provision that if any Certificate of Appropriateness is issued by the Italian Village Area Commission that conflicts with the Standards of the National Park Service, the Standards of the National Park Service shall prevail, with a drive aisle for parking spaces located at a 53 degree angle reduced from minimum width of seventeen (17) feet to fifteen (15) feet, with a drive aisle reduced from a minimum width of twenty (20) feet for commercial uses to the seventeen (17) feet in width by utilizing an existing driveway along the south side of the R&D Building, with parking lot landscaping installed along the perimeter of parking lots rather than in the interior of a parking lot, with parking and maneuvering for parking crossing property lines instead of being on the same parcel as the use or parking spaces served, with reduced parking setbacks from 10 feet to zero (0) feet along East First Avenue in the drop off loop and five (5) feet elsewhere along East First Avenue, North Sixth Street and East Second Avenue, with the minimum parking space size reduced from 9 feet by 18 feet to 8 1/2 feet by 18 feet, with clear vision triangles reduced from 10 feet on each perpendicular side to 0 feet on each perpendicular side along North Sixth Street at the southeast corner of the R & D Building and to 5 feet on each of the two perpendicular side elsewhere along North Sixth Street and to 5 feet on each of the two perpendicular sides along East Second Avenue, with a 50% reduction in the amount of Code required parking, with the building setbacks increased from the maximum of ten feet allowed to 13 feet at the southwest corner to 34 feet at the northwest corner, to a maximum of 11.5 feet along East First Avenue and to a maximum of 56 feet along North Sixth Street and 58 feet along East First Avenue where a Public-Private Setback Zone is provided for, and with parking lots between the building and the street, said property being more particularly described as follows:
3.254 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 4, Township 5, Range 22, Refugee Lands, and being part of the 3.473 Acre tract conveyed to Colpark Associates, L.P. in Instrument Number 200012080249092 records being of the Recorder's Office, Franklin County, Ohio unless otherwise noted and being more particularly described as follows:
Beginning at a P.K. nail set at the southwest corner of said 3.473 Acre tract, at the intersection of the east line of North Fourth Street (60 feet wide) and the north line of East First Avenue (60 feet wide);
Thence, along the east line of North Fourth Street and part of the west line of said 3.473 Acre tract, North 08 degrees 17 minutes 41 seconds West, 295.50 feet to a found iron pin at the southwest corner of Lot 4 of E. Sorin's Subdivision of Lot 59 of William Phelan's Mount Pleasant Addition as E. Sorin's Subdivision as numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 286;
Thence, continuing along part of the west line of said 3.473 Acre tract and along the south line of said Lot 4 of Sorin's Subdivision of Lot 59, South 86 degrees 34 minutes 53 seconds East, 150.06 feet to a set railroad spike at the southeast corner of said Lot 4;
Thence, continuing along part of the west line of said 3.473 Acre tract, and along the east line of Lots 4, 5 and 6 of said Sorin's Subdivision of Lot 59 and the east line of Lot 3 of E. Sorin's Subdivision of Lot 60 of William Phelan's Mount Pleasant Addition as E. Sorin's Subdivision as numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 286, North 08 degrees 17 minutes 41 seconds West, 295.85 feet to a set iron pin at the northwest corner of said 3.473 Acre tract, at the northeast corner of said Lot 3 of Sorin's Subdivision of Lot 60 and in the south line of East Second Avenue (60 feet wide);
Thence, along part of the north line of said 3.473 Acre tract and along the south line of said East Second Avenue, South 86 degrees 41 minutes 21 seconds East, 159.05 feet to a set iron pin at a point of curvature, at the northwest corner of a 0.683 acre tract conveyed to the City of Columbus, Ohio, in Instrument Number 200205130119175;
Thence, across said 3.473 Acre tract and along the west line of said 0.683 Acre tract the following five (5) courses:
1.) along a curve to the right having a radius of 20.00 feet, a central angle of 76 degrees 48 minutes 57 seconds, South 48 degrees 16 minutes 53 seconds East, 24.85 feet to a set iron pin at a point of tangency;
2.) South 09 degrees 52 minutes 24 seconds East, 274.33 feet to a set iron pin at a point of curvature;
3.) along a curve to the right having a radius of 375.00 feet, a central angle of 13 degrees 17 minutes 31 seconds, South 03 degrees 13 minutes 39 seconds East, 86.80 feet to a set P.K. nail at a point of tangency;
4.) South 03 degrees 25 minutes 07 seconds West, 190.74 feet to a set iron pin at a point of curvature;
5.) along a curve to the right having a radius of 20.00 feet, a central angle 90 degrees 00 minutes 00 seconds, South 48 degrees 25 minutes 38 seconds West 28.28 feet to a set iron pin at a point of tangency at the southwest corner of said 0.683 Acre tract, in the south line of said 3.473 Acre tract and in the north line of East First Avenue;
Thence, along part of the south line of said 3.473 Acre tract and the north line of East First Avenue, North 86 degrees 34 minutes 53 seconds West, 261.67 feet to the Point of Beginning, CONTAINING 3.254 ACRES, subject however to all legal easements, restrictions and rights of way of record and of records in the respective utility offices.
Iron pins set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. #6579". Basis of bearings is the Ohio State Plane Coordinate System as shown on the Ohio Department of Transportation Plans for FRA-670-3.93. This description is based on a field survey by Myers Surveying Company, Inc. in June 1999 and July 2002.
Construction
Section 2. That this ordinance is conditioned on the following:
1. If any certificate of appropriateness conflicts with requirements of the National Park Service, and thereby prevent the property owner from obtaining federal tax credits for the restoration of those buildings, then those requirements of the certificate of appropriateness shall be subordinate to and overridden by the National Park Service requirements provided further that, if there are conflicting requirements with which the property owner proposes not to comply, the property owner must notify the Columbus Historic Preservation Office staff of the conflict and make a good faith effort to resolve the conflict in a manner that will be both satisfactory to the Columbus Historic Preservation Office staff and permit the property owner to obtain the federal tax credits sought by the property owner for the restoration of those buildings;
2. If a conflict in development standards between the standards of the UCO and the standards contained in this ordinance, the standards of this ordinance shall take precedence and if a conflict arises between the architectural standards contained in the UCO and architectural approval by the Italian Village Commission the issuance of a Certificate of Appropriateness for any proposed construction will take precedence over the architectural standards contained in the UCO and the issuance of a Certificate of Appropriateness shall constitute approval under the UCO due to the potential for conflicts between the Italian Village Urban Commercial Overlay (UCO), standards contained in this ordinance and the architectural review of the Italian Village Commission.
3. New vehicular circulation areas being subject to the approval of the Division of Transportation. All parking lots being located to the side or rear of a building with the exception of the parking lots on the north and east sides of the Office Building and the drop-off loop on the south side of the building being substantially as shown on the Site Plan and if located to the side, shall not be in advance of the front wall of any adjacent building(s) on either side of the parking lot existing at the time of construction of the parking lot. The drop-off loop shall be surfaced with decorative pavers and the installation of a small sign stating "Guest Parking Only" or a like message being installed at the entrance to the drop-off loop, should said drop-off loop be installed on the south side of the Office Building. Parking areassetbacks along all public streets being maintained in live vegetation except for driveway crossings. A uniform treatment to define and aesthetically treat the parking setback with architectural features and/or live plant material being established by the applicant. Parking lots, with the exception of the parking area on the drop-off loop in front of the Office Building (if that drop-off loop is installed), being screened to a minimum of 36 inches high, as measured from the elevation of the nearest section of the adjacent parking area, and 75% opacity along all street frontages unless otherwise screened by buildings. Screening shall be accomplished with any combination of architectural features and/or live plant material, provided that such screening shall not be required within 1 foot of the ground. Live plant materials shall be selected to achieve the height and opacity requirement within 3 years of installation. All parking lot lighting being cut-off fixtures (down lighting), unless otherwise approved by the Italian Village Commission. There may be accent lighting (up lighting) on landscaping, in public or private plaza or park and open space areas, at building entrances and for ground signs, provided the light fixtures are screened to prevent glare. Except for decorative lighting, all parking lot light poles on a site shall be the same color. Light poles in the parking lots shall not exceed a maximum of 22 feet in height.
4. All trees and landscaping shall be well maintained. Weather permitting, dead plant material shall be replaced within six months. The minimum size of trees at the time of planting shall be as follows: Deciduous: 2 ½ inches caliper, Ornamental: 1 ½ inches caliper, Evergreen: 6 feet. All metal tube fencing shall have the appearance of wrought iron fencing.
5. Any mechanical or utility hardware on the roof of a building shall be screened from view from ground level at the building by the same material utilized on the building roof or exterior. Color shall also match the building exterior or roof. Ground mounted mechanical or utility equipment shall be screened from view to the full height of the equipment by landscaping or any fence or wall utilizing comparable or compatible materials as the building materials.
6. That this ordinance is conditioned on buildings(s) being finished on all sides/elevations with the same level and quality of finish. This provision shall not, however, require any change to the existing exterior of the Office Building or the R & D Building. All buildings adjacent to East Second Avenue and East First Avenue having an entrance door and detailed façade, including windows and architectural detailing, facing these street frontages. This provision shall not, however, require any change to the existing exterior of the Office Building.
7. Building illumination shall be permitted provided such light source is concealed. No colored light other than in approved graphics shall be used to light the exterior of any building. All external lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility and to insure a uniform design theme. Building mounted lighting shall utilize cut-off fixtures, unless otherwise approved by the Italian Village Commission, and be designed in such a way to minimize any light spillage offsite and to prevent glare.
8. That this ordinance is conditioned on all new or relocated utlity lines being installed underground, unless underground or relocation is not permitted by the applicable public utility.
9. All graphics conforming to the applicable provisions of Article 15 of the Columbus City Code except to the extent variances are granted by the Columbus Graphics Commission.
10. That this ordinance is conditioned on a bicycle parking area shall be provided on the subject property.
11. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for public/ private open space, attached or detached single-family dwellings, 2-family, 3-family or 4-family dwellings, multiple dwelling development, apartment house, apartment complex or fee simple townhouse development with multiple attached dwelling units with property lines corresponding to common party walls, in any combination, separately or together, on separate parcels or on the same parcel or with one or more forms of residential use on the same parcel occupy the two contiguous buildings with multi-family dwellings or a permitted use in the M, manufacturing District.
12. That this ordinance is conditioned on the southern portion of the Subject Site being developed in general conformance with the site plan titled "Zoning Exhibit", drawn by ME-Companies dated December 9, 2002 and signed by Dan Schoedinger, Attorney for the Applicant. These Plans, while illustrative of the general location of buildings and parking, is schematic and may be adjusted to reflect engineering, topographical, or other site data developed at the time of development and engineering plans are completed. The Director of the Department of Development shall review and may approve adjustments upon submission of the appropriate data regarding the proposed adjustment. The Director may approve adjustments regarding the number and, placement of dwelling units per of building, the submitted elevations and parking layout. In no event may the number of dwelling units, location, design and number of vehicular access points on the southern portion of the Subject Site, building and parking setbacks, and items regulated by the Zoning Code of the City of Columbus be altered without the appropriate legislative action being taken.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.