Explanation
Council Variance Application: CV21-154A
Ordinance #2954-2022 (CV21-154), passed November 14, 2022, a concurrent Council variance to Ordinance #2953-2022 (Z21-104), included a use variance for non-accessory parking in the AR-3, Apartment Residential District, and standard variances for increased height and lot coverage, and reduced building setbacks and rear yard for a proposed apartment building, and also included reduced building design standards for a proposed retail building in the M, Manufacturing District. This ordinance includes a modified legal description, and revisions to the approved variances resulting from the final engineering of the site design. Additional variances to parking lot screening and landscaping, maximum parking numbers, and a building design standard for a required main entrance along the East 5th Avenue frontage are included in this ordinance for the proposed retail establishment. Additionally, a new site plan demonstrating the previously mentioned revisions has been included with this request. Staff supports the additional variances needed to complete this mixed-use development.
5TH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To grant a Variance from the provisions of Sections 3333.03, AR-3 apartment residential district use; 3309.14, Height districts; 3312.21(B)(3);(D)(1), Landscaping and screening; 3312.49, Minimum numbers of parking spaces required; 3333.15(C), Basis of computing area; 3333.18(D), Building lines; 3333.24, Rear yard; 3372.604, Setback requirements; and 3372.605(A)(D), Building design standards, of the Columbus City Codes; for the property located 1333 EDGEHILL RD. (43212), to permit a non-accessory parking use in the AR-3, Apartment Residential District, and reduced development standards in the AR-3, Apartment Residential District and M, Manufacturing District for a mixed-use development, and to repeal Ordinance #2954-2022 (CV21-154), passed November 14, 2022, (Council Variance #CV21-154A).
Body
WHEREAS, Ordinance #2954-2022 (CV21-154), passed November 14, 2022, permitted a non-accessory parking use in the AR-3, Apartment Residential District, and reduced development standards in the AR-3, Apartment Residential District and M, Manufacturing District for a mixed-use development at 1333 EDGEHILL RD. (43212); and
WHEREAS, this ordinance will replace Ordinance #2954-2022 by updating the variances to the M, Manufacturing District and AR-3, Apartment Residential District and development standards that are required for this mixed-use development; and
WHEREAS, Section 3333.03, AR-3 apartment residential district use, does not permit parking for off-site uses, while the applicant proposes up to 52 non-accessory parking spaces for off-site uses on the AR-3 district portion of the site; and
WHEREAS, Section 3309.14, Height districts, prohibits the height of a building to exceed 60 feet at the building line in the H-60, Height District, while the applicant proposes an increased building height of 76 feet in the AR-3 district portion of the subject site; and
WHEREAS, Section 3312.21(B)(3);(D)(1), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, and that screening shall be provided within a landscaped area 4 feet in width, while the applicant proposes no screening or landscape area along the southern property line of the M portion of the site; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, permits a maximum of 78 parking spaces for a 20,681 square foot retail establishment, while the applicant proposes 91 parking spaces; and
WHEREAS, Section 3333.15(C), Basis of computing area, limits buildings from occupying more than 50 percent of the lot area, while the applicant proposes an increased lot coverage of 62 percent for the proposed apartment building; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 10 feet along Edgehill Road, while the applicant proposes a reduced building line of 6 feet along Edgehill Road for the proposed apartment building; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of 4 percent of the total lot area for the proposed apartment building; and
WHEREAS, Section 3372.604, Setback requirements, requires a building setback of no more than 10 feet along the Edgehill frontage of the M portion of the subject site, while the applicant proposes an increased building setback between 22 feet and 31 feet along Edgehill Road for the proposed retail building; and
WHEREAS, Section 3372.605(A), Building design standards, requires a primary building frontage to incorporate at least one main entrance door, while the applicant proposes no main entrance along the primary frontage of the retail building; and
WHEREAS, Section 3372.605(D), Building design standards, requires 60 percent of the area between the height of two feet and ten feet above the sidewalk of a primary building frontage be clear/non-tinted window glass permitting a view of the building’s interior to a depth of four feet, and continuing for the first 10 feet of a secondary building frontage, while the applicant proposes a total area of 15 percent clear/non-tinted window glass along the West 5th Avenue frontage (primary), with total glass being 73 percent including 58 percent of the area between 2 feet and 10 feet above the sidewalk being spandrel glass, and zero percent clear/non-tinted window glass along the Edgehill Road frontage (secondary), with 60 percent spandrel glass; and
WHEREAS, the 5th by Northwest Area Commission recommends disapproval; and
WHEREAS, the City Departments recommend approval; 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 1333 EDGEHILL RD. (43212), 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 3333.03, AR-3 apartment residential district use; 3309.14, Height districts; 3312.21(B)(3);(D)(1), Landscaping and screening; 3312.49, Minimum numbers of parking spaces required; 3333.15(C), Basis of computing area; 3333.18(D), Building lines; 3333.24, Rear yard; 3372.604, Setback requirements; and 3372.605(A)(D), Building design standards, of the Columbus City Codes, is hereby granted for the property located at 1333 EDGEHILL RD. (43212), insofar as said sections prohibit non-accessory parking in the AR-3, Apartment Residential District; increased building height from 60 feet to 76 feet in the AR-3 district portion of the site; no parking lot landscaping along the southern property line of the M portion of the site; increase in the maximum number of parking spaces from 78 to 91 spaces for the M portion of the site; increased lot coverage from 50 percent to 62 percent for the proposed apartment building; reduced building setback from 10 feet to 6 feet along Edgehill Road for the proposed apartment building; reduced rear yard from 25 percent to 4 percent for the proposed apartment building; increased building setback from 10 feet to between 22 and 31 feet along Edgehill Road for the proposed retail building; no main entrance door along the primary frontage of the retail building; and reduced clear/non-tinted glass area for the proposed retail building along the West 5th Avenue building façade (primary frontage) from 60 percent to 15 percent, with total glass being 73 percent including 58 percent of the area between 2 feet and 10 feet above the sidewalk being spandrel glass; and from 60 percent to 0 percent clear/non-tinted window glass along the Edgehill Road façade (secondary frontage), with 60 percent being spandrel glass; said property being more particularly described as follows:
1333 EDGEHILL RD. (43212), being 5.62± acres located at the southwest corner of Edgehill Road and West Fifth Avenue, and being more particularly described as follows:
LEGAL DESCRIPTION - 3.770 ACRE LOT SPLIT
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Section 6, Township 5 North, Range 22 West, Refugee Lands, being all of Lot 46 through Lot 53, inclusive, part of Lot 19 through Lot 27, inclusive, and Lot 54, all as shown in Salzgeber and Gamper’s Subdivision, of record in Plat Book 5, Page 404, being part of South Avenue vacated per Ordinance 337-30 (06-18-1930), being part of a vacated alley per Ordinance 498-64 (05-11-1964), being all of a 0.851 acre tract and a 1.134 acre tract as conveyed to The Columbus Goodwill Industries in Deed Book 2520, Pages 103, now known as Goodwill Industries of Central Ohio, Inc., by affidavit of name change of record in Instrument Number 200601310019666, being all of a 1.017 acre tract and part of a 0.427 acre tract as conveyed to The Columbus Goodwill Industries in Deed Book 1843, Page 469, also now known as Goodwill Industries of Central Ohio, Inc., by affidavit of name change of record in said Instrument Number 200601310019666, being all of the remainder of a 0.333 acre tract as conveyed to Goodwill Industries of Central Ohio, Inc., an Ohio Corporation, in Official Record Volume 24825, Page A08, and being part of the remainder of a 1.958 acre tract as conveyed to Goodwill Industries of Central Ohio, Inc., in Instrument Number 201010150137260, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows;
COMMENCING at the northeasterly corner of said Lot 18 and said remainder of a 1.958 acre tract as referenced by a drill hole in the top of curb found 0.60 feet west, also being the intersection of the southerly right-of-way line of West Fifth Avenue (60 foot width) and the westerly right-of-way line of Edgehill Road (30 foot width), both as depicted in said Plat Book 5, Page 404;
Thence along the easterly lines of said Lot 18 and Lot 19, also being the westerly right-of-way line of said Edgehill Road, South 03°23’24” West, 297.98 feet to an iron pin set at the TRUE POINT OF BEGINNING, being at the southeasterly corner of said Lot 19, also being the northeasterly corner of said vacated portion of South Avenue, also being on the easterly line of said remainder of a 1.958 acre tract, and also being the westerly right-of-way line of said Edgehill Road;
Thence continuing along said easterly lines and said westerly right-of-way line, and also along the easterly line of said vacated portion of South Avenue, South 03°23’24” West, 7.93 feet to a 5/8” rebar found at the northeasterly corner of a 0.002 acre tract as conveyed to the City of Columbus, Ohio, in Instrument Number 199803270071816;
Thence along the northerly line of said 0.002 acre tract and the right-of-way line of said Edgehill Road, along a southerly line of said remainder of a 1.958 acre tract, and across said vacated portion of South Avenue, North 86°36’36” West, 7.00 feet to an iron pin set at the northwesterly corner of said 0.002 acre tract and a southeasterly corner of said remainder of a 1.958 acre tract;
Thence along the westerly line of said 0.002 acre tract, also being the easterly line of said remainder of a 1.958 acre tract, and continuing across said vacated portion of South Avenue, South 03°23’24” West, 10.58 feet to a 5/8” rebar found at the northeasterly corner of the remainder of said 1.017 acre tract;
Thence continuing across said vacated portion of South Avenue, along the westerly line of a 0.022 acre tract as conveyed to the City of Columbus, Ohio in Instrument Number 199801300022026, continuing along the westerly right-of-way line of said Edgehill Road, along the easterly line of said 1.017 acre tract, along the easterly line of said 1.134 acre tract, along the easterly line of said remainder of a 0.333 acre tract, along the westerly line of a 0.0068 acre tract conveyed to the City of Columbus, Ohio in Instrument Number 200610260214946, along a westerly line of a 0.013 acre tract conveyed to the City of Columbus, Ohio in said Instrument Number 199801300022026, and along the westerly line of a 0.0066 acre tract as conveyed to the City of Columbus, Ohio in said Instrument Number 200610260214946, South 03°23’24” West, 303.41 feet to a mag nail found at the southeasterly corner of said remainder of a 0.333 acre tract and the northeasterly corner of a tract conveyed to Edgehill LLC, an Ohio limited liability company in Instrument Number 201410220139847;
Thence along the southerly line of said remainder of a 0.333 acre tract, and also being the northerly line of said tract conveyed to Edgehill LLC, along a curve to the right having a deflection angle of 36°18’36”, a radius of 420.47 feet, an arc length of 266.47 feet, and a chord bearing and distance of South 75°28’14” West, 262.03 feet to a 5/8” rebar capped “Myers” found at a point of tangency;
Thence continuing along said southerly and northerly lines, North 86°22’29” West, 438.32 feet to a 3/4" hollow pipe found at the southwesterly corner of said remainder of a 0.333 acre tract, also being the northwesterly corner of said tract conveyed to Edgehill LLC, and also being on the easterly right-of-way line of Norton Avenue (50 foot width) as depicted in Plat Book 5, Page 404;
Thence along the westerly line of said remainder of a 0.333 acre tract, also being the easterly right-of-way line of said Norton Avenue, North 03°07’13” East, 20.07 feet to a 3/4" hollow pipe found at the northwesterly corner of said remainder of a 0.333 acre tract, also being the southwesterly corner of the remainder of a 1.806 acre tract as conveyed to Sarah Smith, Trustee in Instrument Number 201211290182289;
Thence along the northerly line of said remainder of a 0.333 acre tract, also being the southerly line of said remainder of 1.806 acre tract, South 86°21’56” East, 191.04 feet to a 5/8” rebar, capped “EP Ferris Surveyor 8342”, found at the southeasterly corner of said remainder of a 1.806 acre tract, also being a northerly corner of said remainder of a 0.333 acre tract, and also being the southwesterly corner of said 0.851 acre tract;
Thence along the westerly line of said 0.851 acre tract, also being the easterly line of said remainder of a 1.806 acre tract, North 03°20’46” East, 187.12 feet to a 3/4” hollow pipe found at the northeasterly corner of said remainder of a 1.806 acre tract, also being the northwesterly corner of said 0.851 acre tract, and also being on the southerly right-of-way line of a 20 foot alley;
Thence along the northerly line of said 0.851 acre tract, also being the southerly right-of-way line of said 20 foot alley, for the following two (2) courses:
1) South 85°47’24” East, 159.04 feet to a mag nail set;
2) South 85°50’31” East, 15.00 feet to a mag nail found at the intersection of the said southerly right-of-way line of said 20’ alley and the easterly right-of-way line of Delashmut Avenue (30 foot width), formerly known as Franklin Avenue, as delineated in said Plat Book 5, Page 404, name changed in Ordinance 178-31 (06-11-31), also being at the southwesterly corner of a portion of said 20 foot alley that was vacated in Ordinance 498-64 (05-11-1964), and also being at the southwesterly corner of said 1.017 acre tract;
Thence along the easterly right-of-way line of said Delashmut Avenue, and also being the westerly lines of said 1.017 acre tract, said 0.427 acre tract, said vacated 20’ alley, said Lot 46, said vacated portion of South Avenue, and said Lot 27, North 03°17’58” East, 204.31 feet, passing a mag nail found at 10.00 feet, to an iron pin set at the southwesterly corner of a tract conveyed to EOS REALTY, LLC in Instrument Number 201706260086673, also being the northwesterly corner of said 0.427 acre tract, also being on the westerly line of said Lot 27, and also being on the easterly line of said Delashmut Avenue;
Thence along the northerly line of said 0.427 acre tract, also being the southerly line of said tract conveyed to EOS REALTY, LLC, and across said Lots 27 and 26, South 85°35’14” East, 61.21 feet to an iron pin set at the southeasterly corner of said tract conveyed to EOS REALTY, LLC at the northeasterly corner of said 0.427 acre tract, and also being on the westerly line of said remainder of a 1.958 acre tract;
Thence continuing across said Lot 26, Lot 25, and said remainder of a 1.958 acre tract, South 77°48’41” East, 22.84 feet to an iron pin set;
Thence continuing across said Lots 25 through 19 (inclusive), and said remainder of a 1.958 acre tract, South 85°56’21” East, 246.38 feet to the TRUE POINT OF BEGINNING, containing 3.770 acres (164,236 S.F.), more or less.
Being a 3.655 acre part of Parcel Number 010-62664 and a 0.115 acre part of Parcel Number 010-062643.
LEGAL DESCRIPTION - 1.845 ACRE LOT SPLIT
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Section 6, Township 5 North, Range 22 West, Refugee Lands, being all of Lot 12 through Lot 18, inclusive, part of Lot 19 through Lot 26, inclusive, and part of Lot 11, and being part of a 20 foot alley vacated per Ordinance 337-30 (06-18-1930), all as shown in Salzgeber and Gamper’s Subdivision, of record in Plat Book 5, Page 404, and being part of the remainder of a 1.958 acre tract as conveyed to Goodwill Industries of Central Ohio, Inc., in Instrument Number 201010150137260, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows;
BEGINNING at the northeasterly corner of said Lot 18 and said remainder of a 1.958 acre tract as referenced by a drill hole in the top of curb found 0.60 feet west, also being the intersection of the southerly right-of-way line of Fifth Avenue (60 foot width) and the westerly right-of-way line of Edgehill Road (30 foot width), both as depicted in said Plat Book 5, Page 404;
Thence along the easterly lines of said Lot 18 and Lot 19, also being the westerly right-of-way line of said Edgehill Road, and also being the easterly line of said remainder of a 1.958 acre tract, South 03°23’24” West, 297.98 feet, to an iron pin set on the easterly line of said Lot 19, also being the westerly right-of-way line of said Edgehill Road;
Thence across said Lots 19 through 26 (inclusive) and said remainder of a 1.958 acre tract for the following two (2) courses:
1) North 85°56’21” West, 246.38 feet to an iron pin set;
2) North 77°48’41” West, 22.84 feet to an iron pin set at the southeasterly corner of a tract conveyed to EOS REALTY, LLC in Instrument Number 201706260086673, also being on the westerly line of said remainder of a 1.958 acre tract;
Thence along an easterly line of said tract conveyed to EOS REALTY, LLC, also being a westerly line of said remainder of a 1.958 acre tract, and continuing across said Lot 26, North 03°17’58” East, 110.77 feet to a 5/8” rebar, capped “EP Ferris Surveyor 8342”, found at a westerly corner of said remainder of a 1.958 acre tract, also being an easterly corner of said tract conveyed to EOS REALTY, LLC;
Thence along a southerly line of said remainder of a 1.958 acre tract, also being a northerly line of said tract conveyed to EOS REALTY, LLC, and continuing across said Lot 26, North 86°42’02” West, 1.00 feet to a 5/8” rebar, capped “EP Ferris Surveyor 8342”, found at a westerly corner of said remainder of a 1.958 acre tract, also being an easterly corner of said tract conveyed to EOS REALTY, LLC;
Thence along a westerly line of said remainder of a 1.958 acre tract, also being an easterly line of said tract conveyed to EOS REALTY, LLC, continuing across said Lot 26, and also across Lot 11, North 03°17’58” East, 184.00 feet to a 5/8” rebar, capped “EP Ferris Surveyor 8342”, found at the northwesterly corner of said remainder of a 1.958 acre tract, also being the northeasterly corner of said tract conveyed to EOS REALTY, LLC, and also being on the southerly right-of-way line of said West Fifth Avenue;
Thence along the southerly right-of-way line of said Fifth Avenue, also being the northerly line of said remainder of a 1.958 acre tract, and also being the northerly lines of said Lots 11 through 18 (inclusive), South 85°56’21” East, 270.42 feet to the POINT OF BEGINNING, containing 1.845 acres (80,352 S.F.), more or less.
Parcel Numbers: 010-062664 & 010-062643.
Property Address: 1333 Edgehill Rd., Columbus, OH 43212.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for mixed-use development as proposed with the attached site plan, or those uses permitted in the AR-3, Apartment Residential District and M, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING SITE PLAN," dated June 21, 2023, and signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant. 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 on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. That Ordinance #2954-2022 (CV21-154), passed November 14, 2022, be and is hereby repealed.