Explanation
Council Variance Application: CV04-006, 995 PERRY STREET (43215)
APPLICANT: Royal Tallow Holdings Ltd., et al c/o Donald Plank, Esq., 145 East Rich Street, Columbus, Ohio 43215
PROPOSED USE: To permit residential redevelopment.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
The site is located on both the east and west sides of Perry Street south of West Second Avenue and is predominantly developed with factory, warehouse and commercial uses adjacent to large areas of housing in the Harrison West neighborhood. Applicant proposes a major redevelopment of the site with new street and alley dedication and construction of single and two-family detached condominiums, multi-family housing, a community center, partial use of the community center for commercial uses and dedication of public parkland. Applicant has submitted a rezoning application also but requests to proceed by variance to facilitate the project. The uses are appropriate for the site and area and represent a substantial reduction in intensity of uses permitted under existing zoning. A hardship exists in that a variance is the only means to establish the proposed uses in the existing zoning districts.
Title
To grant Variances from the provisions of Sections 3355.03, C-3 Permitted Uses, 3356.03, C-4 Permitted Uses, 3361.02, Permitted Uses, 3363.01 M, Manufacturing Districts, 3355.09, C-3 district setback lines, 3356.11, C-4 District setback lines, 3361.10, Building lines in planned or regional commercial districts, 3363.24, Building lines in an M, Manufacturing District, 3342.18, Parking setback line and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for the property located at 995 PERRY STREET (43215) to permit single, two-family and multi-family residential uses, a community center and parkland in the C-3 and C-4, Commercial Districts, CPD, Commercial Planned Development District and M, Manufacturing Districts.
Body
WHEREAS, by application No. CV04-006, the owner of property at 995 PERRY STREET (43215), is requesting a Council Variance to permit single, two-family and multi-family residential uses, a community center and parkland in the C-3, Commercial, C-4, Commercial, CPD, Commercial Planned Development and M, Manufacturing Districts; and
WHEREAS, Section 3355.03, C-3 Permitted uses, does not permit single or two-family residential uses, while applicant proposes single and two-family residential use; and
WHEREAS, Section 3356.03, C-4 Permitted uses, does not permit single or two-family residential uses, while applicant proposes single and two-family residential use; and
WHEREAS, Section 3361.02, Permitted Uses, does not permit single or two-family residential uses, while applicant proposes single and two-family residential use; and
WHEREAS, Section 3363.01 M, Manufacturing Districts, does not permit single, two-family, multi-family or condominium residential uses, a community center building for both accessory uses related to residential uses off-site of the community center (Lot 1), non-accessory community related uses and commercial use, while applicant proposes single, two-family and multi-family residential use, a community center that is off-site (separated by public streets) from the residential uses for which it is accessory and non-accessory (commercial) use; and
WHEREAS, Section 3355.09, C-3 District setback lines, requires a 25-foot building setback line on the east side of Perry Street, while applicant proposes a two (2) foot building setback line; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires a 25-foot building setback line on the east side of Perry Street and the north side of West First Avenue, while applicant proposes a two (2) foot building setback line; and
WHEREAS, Section 3361.10, Building lines in planned or regional commercial districts, requires a 25-foot building setback line on the east side of Perry Street, while applicant proposes a two (2) foot building setback line; and
WHEREAS, Section 3363.24, Building lines in an M, Manufacturing District, requires a 25-foot building setback line on the west side of Perry Street, the south side of West First Avenue, the south side of West Second Avenue and all internal new streets and extensions of Perry Street and West First Avenue, while applicant proposes a two (2) foot building setback line on all streets; and
WHEREAS, Section 3342.18, Parking setback line, requires a parking setback line of not less than ten (10) feet regardless of building setback line, while applicant proposes a two (2) foot parking setback line on Lots 2 and 3 to correspond to the two (2) foot building setback line; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) off-street parking spaces per dwelling unit, while applicant proposes a maximum of 88 off-street parking spaces for the 75 dwelling units on Lot 2, 175 off-street parking spaces for the 150 dwelling units on Lot 3 and 36 off-street parking spaces for the 36 dwelling units on Lot 12 and to temporarily reduce to zero (0) the required off-street parking of any dwelling unit used as a model/sales office while in use as a model/sales office and to establish eight (8) off-street parking spaces as the maximum off-street parking required on Lot 1; and
WHEREAS, on-street parking will be provided on all public streets; and
WHEREAS, Section 3 of this ordinance refers to the Plan titled "Harrison Park", dated July 19, 2004 and signed July 19, 2004 by Donald Plank, attorney for applicant, which is submitted with this application and made a part thereof to illustrate required street and alley dedication for the site, except alley's as noted. The only purpose of referencing the "Harrison Park" plan in this ordinance is to illustrate the public streets and alley's required of the development, except alley's as noted on the drawing, subject to minor adjustment with final engineering and platting. As a result of the required street and alley dedication, except as noted, depicted on the "Harrison Park" plan, development sites depicted as Lots 1 - 12, inclusive, and Reserves A - D, inclusive, will be established. The permitted uses of Lots 1 -12 and Reserves A - D are itemized in Section 3; and
WHEREAS, the City Departments recommend approval of said variance; and
WHEREAS, a hardship exists in that the proposed residential uses can only be permitted in the existing zoning districts by variance; and
WHEREAS, the granting of said variances 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, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3355.03, C-3 Permitted uses, 3356.03, C-4 Permitted uses, 3361.02, Permitted uses, 3363.01 M, Manufacturing Districts, 3355.09, C-3 district setback lines, 3356.11, C-4 district setback lines, 3361.10, Building Lines in Planned or Regional Commercial Districts, 3363.24, Building lines in an M, Manufacturing District, 3342.18, Parking setback line and 3342.28, minimum number of parking spaces required of the Columbus City Codes are hereby granted for the property located at 995 PERRY STREET (43215), insofar as these sections prohibit development/use as itemized in Section 3, reduction of building setback lines on all public streets to two (2) feet, reduction of the required parking setback line on Lots 2 and 3 to two (2) feet and reduction of required parking on Lots 2, 3 and 12 from 150, 300 and 72 spaces to 88, 175 and 36 spaces, respectively, and to temporarily reduce to zero (0) the required off-street parking of any dwelling unit used as a model/sales office while in use as a model/sales office and to establish eight (8) off-street parking spaces as the maximum off-street parking required on Lot 1, in the C-3, Commercial, C-4, Commercial, CPD, Commercial Planned Development and M, Manufacturing Districts; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section Six (6), and in Section Seven (7), Township 5, Range 22, Refugee Lands and being all of a 13.385 Acre tract and 0.659 Acre tract conveyed to Royal Tallow Holding Ltd. (Inst No. 20030520015000), all of the tract conveyed to Donald J. & Anna B. Compton, Trustees (Inst No. 199906080145394), all of the remaining 1.820 Acre tract conveyed to Hi-State Beverage Company (ORV 3667 Page D-14), all of the land conveyed to Donald J. & Anna C. Compton, Trustees (Inst No. 200009200191129) and all of the land conveyed to CHC Inc. (ORV 27580 Page G-18), parts of the following streets and alleys: Perry Street, West First Avenue, Quality Place, a 20' alley east of Perry St., a 16' alley south of W. 2nd Ave. between a 20' alley and Oregon Avenue and part of the Olentangy River and being more particularly described as follows:
Beginning at the intersection of the south line of W. 2nd Avenue (60' wide) with the west line of Perry St. (60' wide),
Thence, along the south line of W. 2nd Avenue, South 86 degrees 35 minutes 35 seconds East, 200.00 feet to the east line of said 20' alley;
Thence, along the east line at said 20' alley, South 2 degrees 43 minutes 47 seconds West, 125.00 feet to the north line of said 16' alley;
Thence, along the north line of said 16' alley, South 86 degrees 35 minutes 35 seconds East, 120.00 feet to the west line of Oregon Ave. (60 feet wide),
Thence, along the west line of said Oregon Ave., South 2 degrees 43 minutes 27 seconds West, 81.00 feet to the southeast corner of Lot 27 of Oregon Place Subdivision,
Thence, along the south line of said Lot 27, North 86 degrees 35 minutes 35 seconds West, 120.00 feet to the east line of said 20' alley;
Thence, along the east line of said 20' alley, South 2 degrees 43 minutes 27 seconds west, 335.00 feet to the north line of W. 1st Avenue (70 feet wide),
Thence, along the north line of W. 1st Avenue, South 86 degrees 47 minutes 57 seconds East, 179.15 feet to the west line of Ingleside Ave. (30 feet wide) produced north;
Thence, along the west line of Ingleside Avenue produced north and the west line of Ingleside Avenue, South 2 degrees 45 minutes 27 seconds West, 607.63 feet to the south line of Quality Place (30 feet wide),
Thence, along the south line of Quality Place and the south line of said 13.385 Ave. tract and the south line of said 1.820 acre tract, North 86 degrees 44 minutes 51 seconds West, 704.76 feet to the centerline of the Olentangy River;
Thence, along the centerline of the Olentangy River, North 11 degrees 26 minutes 39 seconds West, 1189.54 to the south line of said W. 2nd Ave. produced west;
Thence, along the south line of W. 2nd Avenue, produced west and the south line of W. 2nd Avenue, South 86 degrees 35 minutes 35 seconds East, 617.17 feet to the place of beginning CONTAINING 20.437 ACRES, more or less. Basis of bearing is the west line of Ingleside Avenue held as South 2 degrees 45 minutes 27 seconds West per ORV 27597, Page I-17. This description is 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 for residential, parkland and commercial uses as itemized in Section 3 or those uses in the C-3, C-4, CPD and M, Manufacturing Districts.
Section 3. That this ordinance is conditioned upon the following:
a. The Plan titled "Harrison Park", dated July 19, 2004 and signed July 19, 2004 by Donald Plank, attorney for applicant, is submitted with this application and made a part thereof to illustrate required street and alley dedication for the site, except alley's as noted. The only purpose of referencing the "Harrison Park" plan in this ordinance is to illustrate the public streets and alley's required of the development, except alley's as noted, subject to minor adjustment with final engineering and platting. An easement for public access to non-dedicated alleys shall be provided, if needed.
b. As a result of the dedication of the public streets and alley's, except alley's as noted, depicted on the "Harrison Park" plan, various development areas will be created, as follows: Lots 1 - 12, inclusive, and Reserves A - D, inclusive. The uses of the Lots and Reserves shall be as follows:
Lot 1: Community Center for accessory uses related to residential uses located on other lots in the Harrison Park development, including, but not limited to, sales and leasing office, resident exercise/gym/pool facilities and resident meeting/social functions, community center for uses unrelated to the Harrison Park development, such as, but not limited to community meeting facilities, and commercial uses not exceeding 2,500 square feet for commercial offices or commercial coffee shop/restaurant. Maximum of eight (8) off-street parking spaces required on Lot 1.
Lot 2: Multi-family residential use not to exceed 75 dwelling units.
Lot 3: Multi-family residential use not to exceed 150 dwelling units.
Lot 4: Detached Single or Two-family dwellings located on a single parcel with a maximum of ten (10) units.
Lot 5: Detached Single or Two-family dwellings located on a single parcel with a maximum of eight (8) units.
Lot 6: Detached Single or Two-family dwellings located on a single parcel with a maximum of fourteen (14) units.
Lot 7: Detached Single or Two-family dwellings located on a single parcel with a maximum of fourteen (14) units.
Lot 8: Detached Single or Two-family dwellings located on a single parcel with a maximum of eighteen (18) units.
Lot 9: Detached Single or Two-family dwellings located on a single parcel with a maximum of ten (10) units.
Lot 10: Detached Single or Two-family dwellings located on a single parcel with a maximum of eight (8) units.
Lot 11: Detached Single-family dwellings located on a single parcel or separate parcels with a maximum of two (2) units. Lot 11 may be split to create two (2) separate parcels.
Lot 12: Multi-family residential use not to exceed 36 dwelling units.
Reserve A: Landscaping and open space
Reserve B - D: Parkland and Open space.
c. To represent the multiple styles and options available in dwelling unit styles, up to 15 model units shall be permitted and may be located in on any lot consistent with the provisions of 3.b. as to maximum number of units and residential form. Each model may include a sales office. Model homes and associated garages may be built prior to dedication of streets and/or alleys.
Section 4. That this ordinance is further conditioned on the applicant completing through council action rezoning application Z04-026 and Council Variance CV04-009.
Section 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.