Explanation
Council Variance Application: CV25-096
APPLICANT: Metro Development III LLC, c/o Elizabeth Seedorf, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
NORTHEAST 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 #0537-2026; Z25-050) to the L-AR-1, Limited Apartment Residential District for an apartment complex containing up to 384 dwelling units. The requested Council variance will allow reduced parking and building setback lines for the intended apartment complex. The proposed variances will allow a site design that encourages the preservation of mature trees, pedestrian connectivity, with the use of sidewalks and paths to connect open spaces, and the use of natural features as an organizational element in the development of the site.
Title
To grant a Variance from the provisions of Sections 3312.27, Parking setback line; and 3333.18, Building lines, of the Columbus City Codes; for the property located at 1854 STELZER RD. (43219), to allow reduced development standards for an apartment complex in the L-AR-1, Limited Apartment Residential District (Council Variance #CV25-096).
Body
WHEREAS, by application # CV25-096, the owner of property at 1854 STELZER RD. (43219), is requesting a Council variance to allow reduced development standards for an apartment complex in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet along the southeast property line abutting the I-670 right-of-way, while the applicant proposes a reduced parking setback line of five feet; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of 60 feet along Stelzer Road, and 25 feet along the I-670 right-of-way, while the applicant proposes reduced building setback lines of 25 feet along the Stelzer Road frontage, and five feet along the southeastern property line abutting I-670; and
WHEREAS, the Northeast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because they will allow a site design that encourages the preservation of mature trees, interconnected sidewalks and paths to connect open spaces, and the use of natural features as an organizational element in the development of the site; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed apartment complex; and
WHEREAS, said variance will not seriously 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 1854 STELZER RD. (43219), 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 3312.27, Parking setback line; and 3333.18, Building lines, of the Columbus City Codes, is hereby granted for the property located at 1854 STELZER RD. (43219), insofar as said sections prohibit a reduced parking setback line from 25 feet to five feet along the southeast property line abutting I-670; and reduced building setback lines from 60 feet along Stelzer Road to 25 feet, and from 25 feet to five feet along the southeast property line abutting I-670; said property being more particularly described as follows:
1854 STELZER RD. (43219), being 18.60± acres located on the east side of Stelzer Road, at the terminus of Citygate Drive:
Situated in the State of Ohio, County of Franklin, Township of Mifflin, being part of Quarter Township 4, Township 1, Range 17, United States Military Lands and containing 14.0± acres of land, more or less, said 14.0± acre tract being all of the remainder piece of the Original 7.3695 acre tract of land conveyed to the Board of Trustees of Mifflin Township of record in Instrument Number 201609200126734, being all of a remainder piece of a tract of land conveyed to Mifflin Township of record in Instrument Number 201711300169273, being all of the remainder of Parcel I and Parcel II as described and conveyed to Central Ohio Community Improvement Corporation of record in Instrument Number 202005220071148 and all of another tract of land conveyed to Central Ohio Community Improvement Corporation of record in Instrument Number 202201040001695, said 14.0± acres more particularly described as follows:
Beginning for Reference at a Franklin County Monument found, “FCGS 5509 Reset”, being in the westerly line of a 0.093 acre tract of land described as Parcel 3-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 200504250076436 and being in the centerline of Stelzer Road (R/W-Varies);
Thence N 03° 28’ 46” E, along the westerly line of said Parcel 3-WD and along said centerline, 34.3± feet to the northwesterly corner of said Parcel 3-WD and the southwesterly corner of a 0.186 acre tract of land described as Parcel 4-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 200408120188058;
Thence S 86° 31’ 14” E, along the northerly line of said Parcel 3-WD, along the southerly line of said Parcel 4-WD and across the right-of-way line of said Stelzer Road (R/W-Varies), 45.0± feet to a northeasterly corner of said Parcel 3-WD, the southeasterly corner of said Parcel 4-WD, at the current southwesterly corner of said Mifflin Township tract, being the northwesterly corner of a 0.958 acre tract of land conveyed to Linda L. Vanhoose, Tr. of record in Instrument Number 202210250148473 and being in the easterly right-of-way line of said Stelzer Road (R/W-Varies), the True Point of Beginning;
Thence N 03° 28’ 46” E, along the westerly line of said Mifflin Township tract, along the easterly line of said Parcel 4-WD and along said easterly right-of-way line, 180.0± feet to a northwesterly corner of said Mifflin Township tract, being a northeasterly corner of said Parcel 4-WD, being the southeasterly corner of a 0.186 acre tract of land described as Parcel 5-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 200406300152461, being the southwesterly corner of a tract of land conveyed to Rule of 3, LLC of record in Instrument Number 202311210121956;
Thence S 86° 31’ 14” E, along the northerly line of said Mifflin Township tract and along the southerly line of said Rule of 3, LLC tract, 434.1± feet to a common corner thereof and being in westerly line of the current remainder piece of said Original 7.3695 acre tract;
Thence N 02° 57’ 20” E, along the westerly line of the remainder piece of said Original 7.3695 acre tract, along the easterly line of said Rule of 3, LLC tract, along the easterly line of a tract of land conveyed to Stanislaus S. Liu, Tr. of record in Instrument Number 201301160008641 and along the easterly line of a tract of land conveyed to Jordan Rentals II, LLC of record in Instrument Number 201112290170141, 540.0± feet to a northeasterly corner of said Jordan Rentals II, LLC tract and the southeasterly corner of said Central Ohio Community Improvement Corporation tract;
Thence N 86° 31’ 14” W, along said common line, 429.2± feet to a current common corner thereof, being northeasterly corner of a 0.186 acre tract of land conveyed to the Franklin County Commissioners and described as Parcel 8-WD of record in Instrument Number 200408120188056, being the southeasterly corner of a second 0.186 acre tract of land conveyed to the Franklin County Commissioners and described as Parcel 9-WD of record in Instrument Number 200501190011680 and being in the easterly right-of-way line of said Stelzer Road (R/W-Varies);
Thence N 03° 28’ 46” E, along the westerly line of said Central Ohio Community Improvement Corporation tract, said Parcel I and said Parcel II, along the easterly line of said Parcel 9-WD and along the easterly line of a 0.372 acre tract of land conveyed to the Franklin County Commissioners and described as Parcel 10-WD, 539.9± feet to a northwesterly corner of said Parcel II, being the northeasterly corner of said Parcel 10-WD and being in the southerly line of Lot 1 as numbered and delineated upon the plat “Leonard Park of record in Plat Book 18, Page 18;
Thence S 86° 20’ 47” E, along the northerly line of said Parcel II and of the remainder piece of said Original 7.3695 acre tract and along the southerly line of Lot 1 and the 7.5’ alley of said Leonard Park and along the southerly line of the vacated alley by Road Record 23, Page 281, 694.1± feet to a current northeasterly corner of said remainder piece and being a northwesterly corner of a remainder piece of an Original 17.716 acre tract of land conveyed to Wendy King (1/2) and Kristyne Casias (1/2) of record in Instrument Number 199102250060588, Instrument Number 199809250244588 and Instrument Number 202205270080595;
Thence S 02° 57’ 44” W, along the easterly line of the remainder piece of said Original 7.3695 acre tract and along the westerly line of the remainder piece of said Original 17.716 acre tract, 834.9± feet angle point thereof, being a westerly corner of a 2.480 acre tract of land conveyed to the State of Ohio of record in Official Record 8929A07, being a northerly corner of a 0.095 acre tract of land conveyed to the State of Ohio of record in Official Record 12459B10 and being in the northerly right-of-way line of U.S. Route 62 (R/W-Varies) as established on FRA-62-19.06;
Thence S 17° 56’ 20” W, along the southeasterly line of the remainder piece of said Original 7.3695 acre tract, along the westerly line of said 0.095 acre tract and along said northerly right-of-way line, 217.2± feet to a common corner thereof and being in the northerly line of a 0.348 acre tract of land conveyed to the State of Ohio of record in Deed Book 3187, Page 412;
Thence S 44° 26’ 25” W, continuing along the southerly line of the remainder piece of said Original 7.3695 acre tract, along the northerly line of said 0.348 acre tract, along a portion of the northerly line of a 0.036 acre tract of land conveyed to the State of Ohio of record in Deed Book 3116, Page 84 and along said northerly right-of-way line, 322.2± feet to an angle point, being the southwesterly corner of the remainder piece of said Original 7.3695 acre tract and being in the easterly line of said 0.958 acre tract;
Thence N 02° 46’ 47” E, along the westerly line of the remainder piece of said Original 7.3695 acre tract, along the easterly line of said 0.958 acre tract, 30.7± feet to an angle point at the northeasterly corner of said 0.958 acre tract and the southeasterly corner of said Mifflin Township tract;
Thence N 86° 31’ 14” E, along the southerly line of said Mifflin Township tract, along the northerly line of said 0.958 acre tract, 435.8± feet to the True Point of Beginning. Containing 14.0± acres.
And
Situated in the State of Ohio, County of Franklin, Township of Mifflin, being part of Quarter Township 4, Township 1, Range 17, United States Military Lands and containing 4.6± acres of land, more or less, said 4.6± acre tract being all of the remainder piece of the Original 17.716 acre tract of land conveyed to Wendy King (1/2 interest) and Kristyne Casias (1/2 interest) of record in Instrument Number 199102250060588, Instrument Number 199809250244588 and Instrument Number 202205270080595 and part of an Alley (R/W-7.5’) as originally dedicated in the plat “Leonard Park” of record in Plat Book 18, Page 18 and partially vacated in R.R. 22, Pg. 81, said 4.6± acres more particularly described as follows:
Beginning for Reference at a Franklin County Monument found, “FCGS 2265 Reset”, being the northwesterly corner of a 0.372 acre tract of land described as Parcel 10-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 200406300152464 and being in the centerline of Stelzer Road (R/W-Varies);
Thence S 86° 20’ 47” E, along the northerly line of said Parcel 10-WD, along the northerly line of a tract of land described as Parcel II and conveyed to Central Ohio Community Improvement Corporation of record in Instrument Number 202005220071148, along the northerly line of an Original 7.73695 acre tract of land conveyed to the Board Of Trustees of Mifflin Township of record in Instrument Number 201609200126734, along a northerly line of an existing City of Columbus Corporation Line (Case No. 16-25, Ord. No. 2307-2025, I.N. 202509240107191), along the southerly line of Lot 1, a southerly terminus of an Alley (R/W-20’) and a portion of an Alley (R/W-7.5’), said Lot 1 being numbered and delineated and Alleys being dedicated by said Leonard Park plat, said Alley (R/W-20’) being vacated by R.R. 23, Pg. 281, and across the right-of-way line of said Stelzer Road (R/W-Varies), 739.1± feet to a northeasterly corner of said Original 7.3695 acre tract and said existing City of Columbus Corporation Line, the northwesterly corner of said Original 17.716 acre tract, the True Point of Beginning;
Thence S 86° 20’ 47” E, along a portion of the northerly line of an Original 17.716 acre tract, along the southerly line of said Alley (R/W-7.5’) and leaving said existing City of Columbus Corporation Line (Case No. 16-25, Ord. No. 2307-2025, I.N. 202509240107191), 34.4± feet to a point, said point being the southwesterly corner of another portion of a vacated Alley (R/W-7.5’), said vacation being of record in R.R. 22, Pg. 81;
Thence N 03° 39’ 13” E, along the current westerly line of said Original 17.716 acre tract, across said vacated Alley (R/W-7.5’) and along the easterly line of an Alley (R/W-20’) as dedicated by said Lenord Park plat 3.8± feet to an angle point;
Thence S 86° 20’ 47” E, across said vacated Alley (R/W-7.5’), along the current southerly line of a tract of land described as Tract 22 and conveyed to John Christopher Moses and Rosemarie Moses, Tr. of record in Instrument Number 202411270124991, along the current southerly line of a tract of land conveyed to Becky Jo Tatum of record in Instrument Number 200705100082148, along the current southerly line of a second tract of land conveyed to Becky Jo Tatum of record in Instrument Number 201403200033938, along the current southerly line of a tract of land conveyed to Tonn Sargent and Steve Sargent of record in Instrument Number 201209200140466 and along a portion of the current southerly line of a second tract of land conveyed to Tonn Sargent and Steve Sargent of record in Instrument Number 201209200140465, 389.3± feet to an angle point at the current northeasterly corner of said Original 17.716 acre tract and being the current northwesterly corner of an Original 1.618 acre tract of land conveyed to David M. and Stella M. Smith of record in Instrument Number 199712260176210, said point being in the southerly line of said Sargent tract;
Thence S 04° 30’ 42” W, along the current easterly line of said Original 17.716 acre tract, across said vacated Alley (R/W-7.5’) and along the westerly line of said Original 1.618 acre tract, 293.6± feet to the current southeasterly corner of the remainder of said Original 17.716 acre tract, being the current southwesterly corner of the remainder of said Original 1.618 acre tract, being a northwesterly corner of a 0.312 acre tract of land conveyed to the State of Ohio of record in Official Record 7438C17, being the northeasterly corner of a 2.480 acre tract of land conveyed to the State of Ohio of record in Official Record 8929A07 and being in the northerly right-of-way line of U.S. Route 62 (R/W-Varies) as shown on the plans for FRA-62-19.06;
Thence along the current southerly lines of the remainder of said Original 17.716 acre tract, along the northerly line of said 2.480 acre tract and along said northerly right-of-way line, the following three (3) courses:
S 62° 01’ 53” E, 166.7± feet to an angle point;
S 43° 41’ 26” W, 336.4± feet to an angle point;
S 17° 56’ 19” W, 206.5± feet to a current southwesterly corner of the remainder of said Original 17.716 acre tract, the northwesterly corner of said 2.480 acre tract, the northerly corner of a 0.095 acre tract of land conveyed to the State of Ohio of record in Official Record 12459B10, being the current southeasterly corner of the remainder of said Original 7.3695 and being a southeasterly corner of said existing City of Columbus Corporation Line (Case No. 16-25, Ord. No. 2307-2025, I.N. 202509240107191);
Thence N 02° 57’ 44” E, along the current westerly line of said Original 17.716 acre tract, along the easterly line of the remainder piece of said Original 7.3695 acre tract and along the easterly line of said existing City of Columbus Corporation Line, 834.9± feet to the True Point of Beginning. Containing 4.6± acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses allowed in the L-AR-1, Limited Apartment Residential District, specified by Ordinance #0537-2026; Z25-050.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed apartment complex.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.