Explanation
Council Variance Application: CV15-062
APPLICANT: Jeff May; c/o Michael J. Maistros, AIA; 4740 Reed Road, Suite 201; Columbus, OH 43220.
PROPOSED USE: Multi-unit residential development.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance No. 1182-2016; Z15-046) to the AR-3, Apartment Residential District to allow the development of a 163-unit apartment complex. The requested variances will permit commercial access through the AR-3 district and modifies landscaping and screening requirements, dumpster area requirements, and perimeter yard. These reduced development standards are supportable because they allow for better design and building placement on this urban-infill site and concentrates density near adjacent commercial developments along the Parsons Avenue corridor.
Title
To grant a Variance from the provisions of Sections 3333.03, AR-3, Apartment Residential District use; 3312.21, Landscaping and screening; 3321.01(A), Dumpster area; 3321.07(B), Landscaping; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 587 LEHMAN STREET (43206), to permit a 163-unit apartment complex with reduced development standards in the AR-3, Apartment Residential District (Council Variance # CV15-062). (REPEALED BY. ORD 2573-2016; PASSED 10/24/2016)
Body
WHEREAS, by application No. CV15-062, the owner of property at 587 LEHMAN STREET (43206), is requesting a Council variance to permit a 163-unit apartment complex with reduced development standards in the AR-3, Apartment Residential District; and
WHEREAS, Section 3333.03, AR-3, Apartment Residential District use, prohibits vehicular access for commercial uses from being located on residentially zoned property, while the applicant proposes to allow commercial access to adjacent properties; and
WHEREAS, Section 3312.21, Landscaping and screening, requires one (1) tree per ten (10) parking spaces, a total of five (5) trees for 46 parking spaces, while the applicant proposes providing zero (0) parking lot trees, but will provide 24 trees dispersed throughout the site and within the street right-of-way; and
WHEREAS, Section 3321.01, Dumpster area, requires that a dumpster not be located in any required yard, while the applicant proposes a dumpster enclosure in the required perimeter yard as shown on the Site Plan; and
WHEREAS, Section 3321.07(B), Landscaping, requires one (1) tree per ten (10) residential units, a total of 17 trees on the subject site for 163 units, while the applicant proposes providing a total of 24 trees dispersed throughout the site and outside of the site within the street right-of-way; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes perimeter yards of zero (0) to 19.29 feet to allow driveways, parking, and structures within the required perimeter yard; and
WHEREAS, the Columbus Southside Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances are reflective of higher-density infill development in close proximity to commercial development along the Parsons Avenue corridor; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed use; 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 587 LEHMAN STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3333.03, AR-3, Apartment Residential District use; 3312.21, Landscaping and screening; 3321.01(A), Dumpster area; 3321.07(B), Landscaping; and 3333.255, Perimeter yard, of the Columbus City Codes, are hereby granted for the property located at 587 LEHMAN STREET (43206), insofar as said sections prohibit vehicular access for commercial uses from being located on residentially zoned property; with zero (0) parking lot trees where five (5) are required, and 24 trees dispersed throughout the site and in the street right-of-way to count towards parking lot trees and the one (1) tree required tree per ten (10) residential units (17 total); allowing the dumpster enclosure in the perimeter yard; and a reduced perimeter yard from 25 feet to between zero (0) and 19.29 feet; said property being more particularly described as follows:
587 LEHMAN STREET (43206), being 3.04± acres located at the southern terminus of Lehman Street, 155± feet south of East Livingston Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Half Section 27, Township 5 North, Range 22 West, Refugee Lands, being all of Tracts 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 15 (Parcels 1 through 5) and the remainder of Tract 13 as described in a deed to JMM Real Estate Investments, Inc, of record in Instrument No. 201103170037114, also being all of that portion of Kennedy Drive (16.00 feet in width) as vacated by Ordinance 0310-2016 , being a 0.071 acre tract of land as described in a deed to said JMM Real Estate Investments, Inc., of record in Instrument No. 201604110043419 and all of the interest in the alleys vacated by Ordinances 774-69, 2229-83 and 2696-94, all references herein being to the records located at the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows;
BEGINNING at a 3/4” iron pipe found at the intersection of the southerly right-of-way line of Jackson Street (40.00 feet in width) and the easterly right-of-way line of South Washington Avenue (28.00 feet in width), also being the northwesterly corner of Lot 5 of “Michael Oestriecher Et Al. Subdivision”, a subdivision of record in Plat Book 5, Page 206 and being the northwesterly corner of said Tract 15 (Parcel 5) as described in said deed to JMM Real Estate Investments, Inc.;
Thence South 86° 34’ 34” East, along the southerly right-of-way line of said Jackson Street, the northerly line of said Lot 5, the northerly line of Lot 6 of said subdivision and the northerly line of said 0.071 acre tract, passing a 5/8” iron pin found (Jon Adcock S-8461) at a distance of 181.20 feet, a total distance of 197.20 feet to a MAG nail found in the easterly right-of-way line of said Kennedy Drive, being the westerly line of Lot 17 as shown and delineated on the plat entitled “William F. Lehman’s Executors Subdivision”, a subdivision of record in Plat Book 3, Page 201;
Thence North 3° 37’ 09” East, along the easterly right-of-way line of said Kennedy Drive, the westerly line of said Lot 17, the westerly line of Lots 15, 13, 11 and 9 and the westerly line of a vacated alley between said Lots 9 and 11, all as shown and delineated on said “William F. Lehman’s Executors Subdivision”, a distance of 210.19 feet to a MAG nail set in the southerly line of a 15 foot alley, being the northwesterly corner of said Lot 9;
Thence South 86° 34’ 41” East, along the southerly right-of-way line of said 15 foot alley, the northerly line of said Lot 9 and the northerly line of a 0.380 acre tract of land described as Tract 9 in the previously mentioned deed to JMM Real Estate Investments, Inc., a distance of 177.07 feet to a MAG nail set in the easterly right-of-way line of Lehman Street (40.00 feet in width), also being a point in the westerly line of a 1.955 acre tract as described in a deed to JMM Real Estate Investments, Inc., of record in Instrument No. 201103170037114, said Tract 9 being a portion of said Lehman Street vacated by Ordinance 2344-96;
Thence South 3° 39’ 26” West, along the easterly line of said 0.380 acre tract and the westerly line of said 1.955 acre tract, a distance of 109.16 feet to a MAG nail found at the southwesterly corner of said 1.955 acre tract, being a point on the westerly line of Lot 14 of said “William F. Lehman’s Executors Subdivision”;
Thence South 86° 17’ 58” East, along the southerly line of said 1.955 acre tract and through Lot 14, a distance of 54.69 feet to a MAG nail found at the northwesterly corner of a 1.991 acre tract of land as described in a deed to JMM Real Estate Investments, Inc., of record in Instrument No. 201604150046314;
Thence South 3° 32’ 28” West, along the westerly line of said 1.991 acre tract, through Lots 14, 16, 18, 20, 22, 24, 26, 28 and through a portion of a 16 foot alley as vacated by Ordinance No. 774-69, a distance of 299.93 feet to a MAG nail found on the northerly right-of-way line of South Lane (20 feet in width), also being the southwesterly corner of said 1.991 acre tract and a point in the southerly line of said Lot 28;
Thence along the northerly right-of-way line of South Lane the following courses;
1. North 86° 46’ 06” West, along the southerly line of said Lot 28, the southerly line of said 0.380 acre tract and the southerly line of Lot 27, all as shown and delineated on said “William F. Lehman’s Executors Subdivision”, a distance of 232.10 feet to an iron pin set at the southwesterly corner of said Lot 27;
2. North 3° 37’ 09” East, along the westerly line of said Lot 27, a distance of 8.00 feet to an iron pin found (Jon Adcock S-8461) in the northerly right-of-way line of South Lane (28.00 feet in width), also being the southeasterly corner of the previously mentioned 0.071 acre tract;
3. North 86° 46’ 06” West, along said northerly right-of-way line and the southerly line of said 0.071 acre tract, a distance of 8.00 feet to a MAG nail set in the centerline of Kennedy Drive and the easterly line of Lot 13 as shown and delineated on the plat entitled “Joseph Schwartz Subdivision”, of record in Deed Book 32, Page 109;
Thence South 3° 37’ 09” West, along the centerline of Kennedy drive and the easterly line of said Lot 13, a distance of 18.00 feet to a MAG nail set in the centerline of South Lane;
Thence North 86° 46’ 06” West, along the centerline of said South Lane and the southerly line of said Lot 13, a distance of 201.89 feet to a MAG nail set in the centerline of South Washington Avenue;
Thence North 3° 15’ 36” East, along said centerline, through said Lot 13 a distance of 169.64 feet to a MAG nail set in the northerly line of said Lot 13;
Thence South 86° 34’ 34” East, along the northerly line of said Lot 13, a distance of 14.00 feet to an iron pin set in the easterly right-of-way line of said South Washington Avenue, also being the southwesterly corner of 16.00 foot wide alley vacated by Ordinance No. 774-69 and 2229-83;
Thence North 3° 15’ 36” East, along said easterly right-of-way line, the westerly line of said vacated alley and the westerly line of Lot 7 and Lot 5 of the previously mentioned “Michael Oestriecher Et. Al. Subdivision”, a distance of 41.00 feet to the PLACE OF BEGINNING and containing 3.044 acres of land.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 163-unit apartment complex, or those uses permitted in the AR-3, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and elevations titled, “THE ARBOR APARTMENT COMMUNITY, ARCHITECTURAL SITE PLAN SP1.1" & "THE ARBOR APARTMENT COMMUNITY, EXTERIOR ELEVATIONS, A5.01-A5.05,” drawn by New Avenue Architects-Engineers, dated March 9, 2016, and signed by Michael J. Maistros, Architect for the Applicant. 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 adjustments to the plan shall be subject to review and approval 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.