Explanation
Council Variance Application: CV19-045
APPLICANT: RAR2-1400 North High Street Propco, LLC; c/o David Hodge, Atty.; Underhill & Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Mixed-use development.
UNIVERISTY AREA COMMISSION RECOMMENDATION: Approval.
UNIVERSITY IMPACT DISTRICT REVIEW BOARD: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned C-4, Commercial District and is developed with a six-story mixed-use building containing 16,000 square feet of ground floor retail, 4,885 square feet of ground floor accessory residential space, and 156 apartments units as permitted by Ordinance #2760-2015 (CV15-015). This variance permits 7,922 square feet of eating and drinking establishment space, 7,319 square feet of retail space, and 3,995 square feet of accessory residential space on the ground floor, while maintaining 156 apartment units above. Additionally, with the establishment of the Regional Commercial subarea of the University District Zoning Overlay (UDZO) in 2017, the variances required have been updated to include bicycle parking, loadings spaces, and C-4 district development limitations. Establishment of the UDZO also reduced the required number of parking spaces for commercial and residential uses. The required number of parking spaces for this mixed-use development now stands at 212 spaces, while 188 spaces are provided, a reduction of 24 spaces. The previously approved ordinance had a reduction of 90 required parking spaces. The University District Plan (2015) recommends regional mixed uses along North High Street, which includes denser residential and commercial development. This variance permits the existing mixed-use development to incorporate limited ground floor eating and drinking establishment space and revises the required variances to match the Regional Commercial subarea of the University District Zoning Overlay. The requested variance does not add incompatible uses to the area and remains consistent with the Plan’s land use recommendation.
Emergency Justification: Emergency legislation is necessary to immediately negotiate agreements with prospective commercial users of the property.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3312.49(A),(B), Minimum numbers of parking spaces required, 3312.53, Minimum number of loading spaces required; 3325.381, Parking and Circulation; and 3356.05(F), C-4 district development limitations, of the Columbus City Codes; for the property located at 1398 N. HIGH ST. (43201), to permit a mixed-use development with reduced development standards in the C-4, Commercial District, and to repeal Ordinance #2760-2015, passed December 14, 2015 (Council Variance #CV19-045), and to declare an emergency.
Body
WHEREAS, by application #CV19-045, the owner of the property at 1398 N. HIGH ST. (43201), is requesting a Variance to permit a mixed-use development with reduced development standards in the C-4, Commercial District; and
WHEREAS, Sections 3356.03, C-4 permitted uses, permits residential uses only above certain commercial uses, while the applicant proposes 3,995 square feet of ground floor accessory residential uses as part of a mixed-use development with 7,922 square feet of eating and drinking establishment space, 7,319 square feet of retail space, and 156 apartment units comprised of 287 bedrooms; and
WHEREAS, Section 3312.49(A)(B), Minimum numbers of parking spaces required, requires 2 bicycle spaces and an additional 1 bicycle space per 20 vehicle parking spaces located in a highly visible area on the property for the uses to be served, with a total of 14 bicycle spaces required. The applicant proposes 0 bicycle spaces on the property for the commercial uses, but is providing bicycle parking for commercial patrons in the public right-of-way as approved by the Department of Public Service. The applicant also proposes a minimum of 20 residential bicycle parking spaces in a non-visible area within a bicycle room accessible from the parking garage and leasing office; and
WHEREAS, Section 3312.53, Minimum number of loading spaces required, requires one loading space to be provided, while the applicant proposes zero loading spaces; and
WHEREAS, Section 3325.381, Parking and Circulation, requires 0.5 parking space per bedroom, 1 parking space per 500 square feet of retail, and 1 parking space per 150 square feet of eating and drinking establishment, totaling 212 parking spaces, while the site contains 188 total parking spaces, for a reduction of 24 parking spaces; and
WHEREAS, Section 3356.05(F), C-4 district development limitations, requires that first-floor parking garages with dwelling units above must be connected/adjoined to commercial uses that occupy the entire length of at least one property frontage, while the applicant proposes adjoining commercial uses to occupy less than the entire length of the North High Street frontage; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the University Impact District Review Board recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal remains consistent with the University District Plan’s land use recommendation, will not introduce incompatible uses to the area, and notes that proximity to public transit and availability of on-street parking offset the reduced on-site parking; 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 1398 N. HIGH ST. (43201), in using said property as desired;
WHEREAS, an emergency exists in the usual operations in the City of Columbus to immediately negotiate agreements with prospective commercial users of the property, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3356.03, C-4 permitted uses; 3312.49(A) (B), Minimum numbers of parking spaces required, 3312.53, Minimum number of loading spaces required; 3325.381, Parking and Circulation; and 3356.05(F), C-4 district development limitations, of the Columbus City Codes; for the property located at 1398 N. HIGH ST. (43201), insofar as said sections prohibit ground floor residential accessory uses; with a bicycle parking space reduction from fourteen 14 spaces to 0 spaces for the commercial uses, but with bicycle parking provided in the right-of-way as approved by the Department of Public Service; residential bicycle parking provided in a non-visible area; no loading space; a parking space reduction from 212 spaces to 188 spaces; and garage parking adjoining commercial uses that occupy less than the entire length of the North High Street frontage; said property being more particularly described as follows:
1398 N. HIGH ST. (43201), being 1.15± acres located at the northeast corner of North High Street and East Seventh Avenue, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, described as follows:
And being Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6) and Seven (7) of John Marzetti’s North High Street Addition, as the same are numbered and delineated on the recorded plat of subdivision shown in Plat Book 3, Page 308 of the Franklin County Recorder’s Office, together with that part of Seventh Avenue vacated by the City of Columbus by Ordinance No. 1151-66.
Excepting therefrom that part thereof conveyed by General Warranty Deed 201612230177353 more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Seventh Avenue vacated by City of Columbus by Ordinance No. 1151-66 and conveyed to CA Student Living Columbus Property Owner, LLC as described in Instrument Number 201611100155879, all references being those of record in the Franklin County, Ohio Recorder’s Office and being more particularly described as follows:
Commencing at a set “MAG” Nail at the Southeast corner of Lot 7 of John Marzetti’s North High Street Addition as is numbered and delineated on the recorded plat thereof, of record in Plat Book 3, Page 308, at the Northeast corner of said vacated portion of Seventh Avenue and in the West line of Pearl Street, 20 feet wide;
Thence Southerly, along part of the East lines of said vacated portion of Seventh Avenue and said CA Student Living Columbus Property Owner, LLC tract and along the West line of North pearl street, South 08 degrees 17 minutes 17 seconds East, 1.94 feet to a set “MAG” nail at the True Point of Beginning of the parcel herein intended to be described;
Thence Southerly, along the East lines of said vacated portion of Seventh Avenue and of said CA Student Living Columbus Property Owner, LLC tract and along the West line of North Pearl Street, South 08 degrees 17 minutes 17 seconds East, 11.00 feet to the Southeast corner of said vacated portion of Seventh Avenue and of said CA Student Living Columbus Property Owner, LLC tract also being in the North line of a tract conveyed to City of Columbus in Deed Book 111, Page 383 and in the North line of East Seventh Avenue;
Thence Westerly, along the North lines of said City of Columbus tract and of East Seventh Avenue and the South lines of said vacated portion of Seventh Avenue and said CA Student Living Columbus Property Owner, LLC tract, South 77 degrees 10 minutes 43 seconds West, 122.29 feet to a point of curvature.
Thence Westerly, continuing along the North line of said East Seventh Avenue and the South lines of said vacated portion of Seventh Avenue and of said CA Student Living Columbus Property Owner, LLC tract, with a non-tangent curve to the right having a radius of 25.00 feet, a central angle of 34 degrees 53 minutes 46 seconds, an arc length of 15.23 feet, and a chord which bears North 85 degrees 32 minutes 13 seconds West, 14.99 feet to a “MAG” Nail set;
Thence Easterly, crossing said vacated portion of Seventh Avenue and said CA Student Living Columbus Property Owner, LLC tract, North 77 degrees 42 minutes 43 seconds East, 125.21 feet to a “MAG” Nail set;
Thence Northerly, continuing across said vacated portion of Seventh Avenue and said CA Student Living Columbus Property Owner, LLC tract, North 12 degrees 17 minutes 17 seconds West, 7.84 feet to an iron pin set;
Thence Easterly, continuing across said vacated portion of Seventh Avenue and said CA Student Living Columbus Property Owner, LLC tract, North 77 degrees 56 minutes 24 seconds East, 12.20 feet to the True Point of Beginning containing 0.0137 acres (595 S.F.) more or less;
All iron pins set are 5/8” rebar, 30” in length with a yellow plastic cap with “EP Ferris Surveyor 8230” inscribed on top.
The bearings are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (CORS96). The bearings originated from a field traverse which was tied to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The East right-of-way line of N. High Street with a bearing of North 08° 17’ 17” East is designated the basis of bearings for this survey.
Parcel No. 010-064241
Property Address: 1398 N. High St., Columbus, OH 43201.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed-use development with 3,995 square feet of ground floor accessory residential uses, 7,319 square feet of retail space, 7,922 square feet of eating and drinking establishment space, and 156 apartment units comprised of 287 beds, or those uses in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan drawing titled, "DEVELOPMENT PLAN," signed by David Hodge, Attorney for the Applicant, dated June 23, 2020. 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 adjustment to the plan 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 upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance is further conditioned upon the following: No eating and drinking establishment who locates within the commercial tenant spaces may use an outdoor amplification system or provide outdoor seating on the property.
SECTION 6. 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 thereof, 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 ten days after passage if the Mayor neither approves nor vetoes the same.
SECTION 7. That Ordinance #2760-2015, passed December 14, 2015, be and is hereby repealed.