Explanation
Council Variance Application: CV24-151
APPLICANT: Edwards Communities Barn LLC; c/o Jackson B. Reynolds, III, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Community center with an eating and drinking establishment and office.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with an apartment community center which includes but is not limited to a private eating and drinking establishment intended for residents of an off-site apartment complex, and an associated office, in the L-ARLD, Limited Apartment Residential District as allowed by Ordinance #1903-01 (CV01-030), passed November 26, 2001. The requested Council variance will maintain the existing uses and allow for public use of an eating and drinking establishment. Variances to landscaping and screening, required parking and perimeter yard are also included in the request. Staff note the inclusion of bicycle racks on the property is consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Additionally, the proposal will not add a new or incompatible use to the area, and will not impact the surrounding character of the neighborhood.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3370.05, Permitted uses; 3312.21(D)(1), Landscaping and screening; 3312.49, Required parking; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5451 EDWARDS RUN RD. (43221), to allow a community center with an eating and drinking establishment and an office building, with reduced development standards in the L-ARLD, Limited Apartment Residential District and to repeal Ordinance #1903-01 (CV01-030), passed November 26, 2001 (Council Variance #CV24-151).
Body
WHEREAS, by application #CV24-151, the owner of the property at 5451 EDWARDS RUN RD. (43221), is requesting a Variance to allow a community center with an eating and drinking establishment and an office building, with reduced development standards in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, does not allow commercial uses or accessory uses without a principal use, while the applicant proposes to maintain a community center and office building for an off-site apartment complex and convert a 5,930 square foot private eating and drinking establishment into a public eating and drinking establishment; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses specified by the underlying zoning district, which are limited to ARLD, Apartment Residential District uses listed in Chapter 3333 of the Columbus City Code, and as further specified in the limitation overlay text in Ordinance #1853-01 (Z98-053A), while the applicant proposes to maintain a community center and office building for an off-site apartment complex and convert a 5,930 square foot private eating and drinking establishment into a public eating and drinking establishment; and
WHEREAS, Section 3312.21(D)(1), Parking lot screening, requires screening of a parking lot within 80 feet of residentially zoned property, while the applicant proposes to not provide such screening along the southern property line and to maintain existing conditions; and
WHEREAS, Section 3312.49, Required parking, requires one parking space per 75 square feet of eating and drinking establishment space, one parking space per 250 square feet of retail space, one parking space per 150 square feet of patio space and one parking space per 450 square feet of office space, or a total of 79.2 spaces for eating and drinking establishment space, a total of 22.7 spaces for retail space, a total of 6.6 spaces for patio space and a total of 5.1 spaces for office space, while the applicant proposes a total of 81 parking spaces; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes no perimeter yard along the southern property line; and
WHEREAS, City Departments recommend approval because the request is consistent with C2P2 Design Guidelines and is compatible with the surrounding development in the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed eating and drinking establishment; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; 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, the granting of said variances will alleviate the difficulties encountered by the owners of the property located at 5451 EDWARDS RUN RD. (43221), in using said property as desired; 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3370.05, Permitted uses; 3312.21(D)(1), Landscaping and screening; 3312.49, Required parking; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5451 EDWARDS RUN RD. (43221), insofar as said sections prohibit a community center with up to 5,930 square feet of eating and drinking establishment space and office space in the L-ARLD, Limited Apartment Residential District; with no residential parking lot screening along the southern property line; a parking space reduction from 114 spaces to 81 spaces; and no perimeter yard along the southern property line, said property being more particularly described as follows:
5451 EDWARDS RUN RD. (43221), being 6.67± acres located at the southwest corner of Edwards Farms Road and Hayden Run Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin City of Columbus, in Virginia Military Survey No. 2418, and being all or portion of the following Three (3) tract of land:
1. A portion of a 12.880 acre tract of land conveyed to Multicon Development Company by deed of record in Instrument 200103070046467,
2. A portion of the remaining portion of an original 2.198 acre tract of land conveyed to Multicon Development Company, by deed of record in Instrument 199911230292028, and
3. All of a 0.151 acre tract of land conveyed to Multicon Development Company, by deed of record in Instrument 199911230292028;
All references being to the Recorder’s Office, Franklin County, Ohio, said tract bounded and described as follows:
Beginning, for reference, at a railroad spike found at the intersection of the centerline of Hayden Run Road (variable width) with the east limited access right-of-way line of Interstate Route 270, at the northwest corner of said 12.880 acre tract and at the northeast corner of an 18.28 acre tract of land conveyed as Parcel No. 221-WL to State of Ohio by deed of record in Deed Book 2662, Page 250, Recorder’s Office, Franklin County, Ohio, said spike being 200.00 feet right of centerline station 549 + 06.78 of Interstate Route 270, as shown on Sheet 22 of 30 of Ohio Department of Transportation right-of-way plans for FRA-270-3.47 N, said spike also being N 73 deg. 14’ 09” E a distance of 1,758.44 feet from Franklin County Monument No. 9907 found at the intersection of the centerline of Hayden Run Road with the centerline of Britton Road;
Thence S 11 deg. 36’ 49” E along the east limited access right-of-way line of Interstate Route 270 and along a portion of a west line of said 12.880 acre tract a distance of 50.20 feet to a 3/4" I.D. iron pipe set at the true place of beginning of the tract herein intended to be described;
Thence N 73 deg. 14’ 09” E crossing a portion of said 12.880 acre tract, crossing a portion of said original 2.198 acre tract and parallel with a fifty feet southerly by perpendicular measurement from the centerline of Hayden Run Road a distance of 924.99 feet to a 3/4” I.D. iron pipe set in a west line of Edwards Farms Road (100 feet in width) as shown upon the plat of Edwards Farms Road and Hayden Run Road Dedication Plat, of record in Plat Book 92, Pages 91 & 92;
Thence S 16 deg. 45’ 51” E perpendicular to the centerline of Hayden Run Road, along a west line of Edwards Farms Road, crossing a portion of said original 2.198 acre tract and along the east line of said 0.151 acre tract a distance of 219.03 feet to a 3/4" iron pipe previously set at the point of curvature;
Thence southerly along, a curved west line of Edwards Farms Road, along the curved east line of said 0.151 acre tract, along the curved east line of said 12.880 acre tract and with a curve to the right, data of which is: radius = 440.00 feet, and delta = 28 deg. 24’ 41”, a chord distance of 215.95 feet bearing S 02 deg. 33’ 30” E to a 3/4" I.D. iron pipe previously set at the point of tangency;
Thence S 11 deg. 38’ 50” W along a portion of a west line of Edwards Farms Drive and along an east line of said 12.880 acre tract a distance of 53.85 feet to a 3/4" I.D. iron pipe set;
Thence crossing a portion of said 12.880 acre tract the following seven (7) courses:
1. N 78 deg. 21’ 10” W a distance of 28.38 feet a 3/4" I.D. iron pipe set at a point of curvature;
2. Thence westerly and with a curve to the left, data of which is: radius = 290.00 feet, and delta = 21 deg. 18’ 49”, a chord distance of 107.26 feet bearing N 89 deg. 00’ 34” W to a 3/4” I.D. iron pipe set at the point of tangency;
3. S 80 deg. 20’ 00” W a distance of 303.72 feet to a 3/4” iron pipe set;
4. S 09 deg. 40’ 00” E a distance of 42.00 feet to a 3/4" I.D. iron pipe set;
5. S 80 deg. 20’ 00” W a distance of 100.00 feet to a 3/4” I.D. iron pipe set;
6. N 11 deg. 24’ 22” W a distance of 266.52 feet to a 3/4” I.D. iron pipe set at the east end of a non-tangent curve;
7. Thence westerly and with a curve to the right, data of which is: radius = 456.00 feet, and delta = 46 deg. 45’ 34”, a chord distance of 361.90 feet bearing N 87 deg. 29’ 30” W to a 3/4” I.D. iron pipe set in the east limited access right-of-way line of Interstate Route 270 and in a west line of said 12.880 acre tract;
Thence N 11 deg. 36’ 49” W along the east limited access right-of-way line of Interstate Route 270 and along a portion of a west line of said 12.880 acre tract a distance of 36.68 feet to the true place of beginning;
Containing 6.674 acres of land more or less and being subject to all highways, easements and restrictions of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a community center with up to 5,930 square foot of eating and drinking establishment space and an office building with up to 2,300 square foot of office space, or those uses allowed in the L-ARLD, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "SITE PLAN" signed and dated February 12, 2025 by Jackson B. Reynolds, III, 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed eating and drinking establishment.
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 #1903-01 (CV01-030), passed November 26, 2001, be and is hereby repealed.