Explanation
Council Variance Application: CV22-142
APPLICANT: Old Henderson Holdings LLC; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3126-2023; Z22-094) from the C-2, Commercial District to the AR-2, Apartment Residential District. The proposed Council variance includes a site plan demonstrating a 35-unit apartment building with a density of 36 dwelling units per acre. Included in the request are variances to landscaping and screening, building and parking setbacks, and side yards. Staff supports the requested variances as the reduction enable the site to provide more parking spaces. Additionally, the proposed building design is complimentary of the existing development to the west of the site.
Title
To grant a Variance from the provisions of Sections 3312.21(A), Landscaping and screening; 3312.21(B)(3), Landscaping and screening; 3312.27, Parking setback line; 3333.18, Building lines; 3333.22, Maximum side yard required; and 3333.23(D), Minimum side yard permitted, of the Columbus City Codes; for the property located at 980 OLD HENDERSON RD. (43220), to allow an apartment building with reduced development standards in the AR-2, Apartment Residential District (Council Variance #CV22-142).
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WHEREAS, by application #CV22-142, the owner of property at 980 OLD HENDERSON RD. (43220), requests a Council variance to allow an apartment building with reduced development standards in the AR-2, Apartment Residential District; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing 10 or more parking spaces to provide one deciduous shade tree per 10 spaces within islands or peninsulas, while the applicant proposes to reduce the minimum number of required interior parking lot trees from four to two trees; and
WHEREAS, Section 3312.21(B)(3), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, while the applicant proposes to eliminate the parking lot screening along the western property line; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet, while the applicant proposes a reduced parking setback line of 10 feet along Henderson Road; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet along Old Henderson Road and 60 feet along Henderson Road, while the applicant proposes a reduced building line of 20 feet along Old Henderson Road and 10 feet along Henderson Road; and to allow above ground hot boxes/water vaults within the required building setback area; and
WHEREAS, Section 3333.22, Maximum side yard required, requires that the sum of the widths of each side yard shall equal or exceed 20 percent of the width of the lot provided that no more than 16 feet is devoted, while the applicant requests to a reduced maximum side yard from 16 feet to six feet; and
WHEREAS, Section 3333.23(D), Minimum side yard permitted, requires a side yard of no less than one-sixth of the height of the building for buildings over two and one-half stories in height, or 7.33 feet for a building with a maximum height of 44 feet in height, while the applicant proposes side yards of 5 feet along the western property line and one foot along the eastern property line; and
WHEREAS, the City Departments recommend approval because the requests will enable the site to provide more parking spaces and the proposed design is complimentary of the existing character; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; 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 980 OLD HENDERSON RD. (43220), 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 3312.21(A), Landscaping and screening; 3312.21(B)(3), Landscaping and screening; 3312.27, Parking setback line; 3333.18, Building lines; 3333.22, Maximum side yard required; and 3333.23(D), Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 980 OLD HENDERSON RD. (43220), insofar as said sections prohibit reduced interior parking lot shade trees from four trees to two trees; with no parking lot screening along the western property line; a parking setback reduction along Henderson Road from 25 feet to 10 feet; a reduced building line from 25 feet to 20 feet along Old Henderson Road and from 60 feet to 10 feet along Henderson Road, with hot boxes/water vaults encroaching into the setback area; a reduced maximum side yard from 16 feet to 6 feet; and reduced minimum side yards from 7.33 feet to 5 feet along the western side of the property and to one foot along the eastern property line; being more particularly described as follows:
980 OLD HENDERSON RD. (43220), being 0.97± acres located on the north side of Old Henderson Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and is described as follows:
Being part of Section 1, Township 1, Range 19, United States Military Lands and containing 0.97+/- acres of land, more or less, said 0.97+/- acres being part of an Original 2.996 acre tract of land conveyed to Old Henderson Holdings LLC of record in Instrument Number 201912160168849, said 0.97+/- acres more particularly described as follows:
Beginning, at a current northeasterly corner of said Old Henderson Holdings LLC tract, said corner also being the northwesterly corner of that tract of land as conveyed to Hazmar Holdings LLC of record in Instrument No. 202008140119261, the westerly corner of a 0.013 acre tract of land conveyed to the City of Columbus of record in Deed Book 3318, Page 635 and being in the southerly right-of-way line of Henderson Road (R/W-Varies);
Thence S 02° 22' 25" W, with the easterly line of said Old Henderson Holdings LLC tract and the westerly line of said Hazmar Holdings LLC tract, 392.58 feet+/- to a point in the northerly right- of-way line of Old Henderson Road (R/W-Varies);
Thence S 62° 43' 25" W, across said Old Henderson Holdings LLC tract and with said northerly right-of-way line, 115.07 feet+/- to a point in the westerly line of said Old Henderson Holdings LLC tract and to an easterly line of a 0.093 acre tract of land conveyed to the City of Columbus, Ohio of record in 201907120085079;
Thence N 02° 22' 25" E, along the westerly line of said Old Henderson Holdings LLC tract, along the easterly line of said 0.093 acre tract and along the easterly line of a 5.494 acre tract of land conveyed to 1025 Luxe Avenue I LLC of record in Instrument Number 202110070181560, 449.26 feet+/- to a northwesterly comer of said Old Henderson Holdings LLC tract, also being the northeasterly corner of said 5.494 acre tract, being in the southerly line of a 3.311 acre tract of land described as Parcel No. 21-WL and conveyed to the City of Columbus of record in Deed Book 3405, Page 653 and being in the southerly right-of-way line of said Henderson Road (R/W-Varies);
Thence S 87° 46' 00" E, along the northerly line of said Old Henderson Holdings LLC tract, along the southerly line of said 3.311 acre tract and along said southerly right-of-way line, 100.00 feet+/- to the True Point of Beginning. Containing 0.97+/- acres.
Parcel Number: 010-129821-00
Property Address: 980 Old Henderson Road, Columbus, OH 43220
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 35-unit apartment building, or those uses permitted in the AR-2, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled “SITE PLAN” and “ELEVATION PLAN,” both dated October 18, 2023, and signed by Eric Zartman, Attorney 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 development.
SECTION 5. That this ordinance is further conditioned on the prohibition of decorative open flames at the entrance to the apartment complex.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.