Explanation
Council Variance Application: CV25-022
APPLICANT: Preferred Living, c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Apartment complex.
WEST SCIOTO 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 #2290-2025; Z25-010) to the AR-1, Apartment Residential District. The requested variance will allow a 126-unit apartment complex as a continuation of the apartment complex development directly to the east that was approved by Ordinance #3577-2024 (Z23-012) and Ordinance #3570-2024 (CV23-019), respectively. Variances are proposed to conform the existing monopole located on the site, and to reduce the width of parking lot screening from four feet to one foot, the required building setback line from 60 feet to five feet, and the width of the required perimeter yard from 25 feet to between one to ten feet. Commitments to develop the site in accordance with the submitted site plan and building elevations are also included in this request. The proposed site design is consistent with the design guidelines in the Trabue Robert Area Plan (2011) that encourage commercial overlay standards, including reduced building setbacks, aimed at creating a development in a less suburban context.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.21, Landscaping and screening; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 3459 TRABUE RD. (43204), to allow a monopole telecommunication antenna and related equipment and reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV25-022).
Body
WHEREAS, by application #CV25-022, the owner of property at 3459 TRABUE RD. (43204), is requesting a Council variance to allow a monopole telecommunication antenna and related equipment and reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, does not allow a monopole telecommunications antenna, while the applicant proposes to maintain the existing monopole telecommunication antenna and related equipment, as demonstrated on the submitted site plan; and
WHEREAS, Section 3312.21, Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes a reduced landscape buffer width of one foot; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of 60 feet along Trabue Road, while the applicant proposes a reduced building setback line of five feet; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of one foot from the west and south-west property line, five feet from the south property line, and ten feet from the east property line, as shown on the site plan; and
WHEREAS, the West Scioto Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval as the requested variances will allow the proposed development to be closer to Trabue Road, resulting in a less suburban context, consistent with the Trabue Robert Area Plan design guidelines; and
WHEREAS, this 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 3459 TRABUE RD. (43204), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.21, Landscaping and screening; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; is hereby granted for the property located at 3459 TRABUE RD. (43204), insofar as said sections prohibit a monopole telecommunications antenna in the AR-1, Apartment Residential District; and the following variances for an apartment complex: a reduced landscape buffer from five feet to one foot in width; a reduced building setback line from 60 to five feet along Trabue Road; and a reduced perimeter yard from 25 feet to one foot from the west and south-west property line, five feet from the south property line, and ten feet from the east property line, said property being more particularly described as follows:
3459 TRABUE RD. (43204), being 4.7± acres located on the south side of Trabue Road, 915± feet west of McKinley Avenue, and being more particularly described as follows:
LEGAL DESCRIPTION; 4.7± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military District 530 and being all of: (1) 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154, (2) 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 (Exhibit B), (3) one acre tract as conveyed to Angelo J. Dallas in Instrument Number 201008030098211, (4) 1.095 acre tract as conveyed to Angelo J. Dallas in Instrument Number 202012140198435, (5) 0.739 acre tract as conveyed to Angelo Dallas in Instrument Number 200509280202925 as further described;
Commencing at the Franklin County Geodetic Survey Number 1636 at the intersection of original centerline of McKinley Avenue (R/W Varies) and Trabue Road (R/W Varies), being in the south line of Virginia Military Survey Number 544 and the north line of Virginia Military Survey Number 530;
Thence with the centerline of Trabue Road, the south line of Virginia Military Survey Number 544, the north line of Virginia Military Survey Number 530, S 66° 35' 53" W,
923.7± feet to the northeast corner of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 and the northwest corner of a 1 acre tract as conveyed to MJK Ventures Trabue LLC (55%); Cliff Speck Trabue LLC (30%); MJK Dynasty Trabue LLC (10%); NIK Dynasty Trabue LLC (5%) in Instrument Number 202206070085491;
Thence with the east line of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 and the west line of said 1 acre tract as conveyed to MJK Ventures Trabue LLC et al tract, S 23° 24' 07" E, 683.1± feet to the southeast corner of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 and the southwest corner of said MJK Ventures Trabue LLC et al tract and being in the north line of the remainder of a 10.188 acre tract as conveyed to Hanover Park LLC in Instrument Number 202007280108933, Parcel I;
Thence with the south line of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 and the north line of the remainder of said 10.188 acre tract, S 66° 51' 43" W, 49.4± feet to a point of curvature in said line;
Thence with the south line of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154, the south line of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154 (Exhibit B), the south line of said one acre tract as conveyed to Angelo J. Dallas in Instrument Number 201008030098211, the south line of said 1.095 acre tract, the south line of said 0.739 acre tract and the north line of the remainder of said 10.188 acre tract along a curve to the right having a central angle of 41° 07' 57", a radius of 459.34 feet, an arc length of 329.8± feet and a chord bearing and distance of N 82° 17' 40" W, 322.7± feet to the southwest corner of said 0.739 acre tract, the northwest corner of the remainder of said 10.188 acre tract, the southeast corner of the remainder of a 1.095 acre tract (Exhibit B) as conveyed to John M. Lombardi in Instrument Number 200308280273414 and being in the easterly right of way line of a 100’ wide Railroad right of way;
Thence with the west line of said 0.739 acre tract, the east line of the remainder of said
1.095 acre tract and the east line of a tract (Exhibit A) as conveyed to John M. Lombardi in Instrument Number 200308280273414, N 23° 24' 07" W, 516.1± feet to the northwest corner of said 0.739 acre tract, the northeast corner of said tract (Exhibit A) as conveyed to John M. Lombardi, being in the centerline of Trabue Road, the north line of Virginia Military Survey Number 530 and the south line of said Virginia Military Survey Number 544;
Thence with the north line of said 0.739 acre tract, the north line of said 1.095 acre tract, the north line of said one acre tract as conveyed to Angelo J. Dallas in Instrument Number 201008030098211, the north line of said 1 acre tract (Exhibit B) as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154, the north line of said 1 acre tract as conveyed to Angelo J. Dallas in Instrument Number 200610050200058 and Instrument Number 201703300042154, the centerline of Trabue Road, the north line of Virginia Military Survey Number 530 and the south line of said Virginia Military Survey Number 544, N 66° 35' 53" E, 325.7± feet to the TRUE POINT OF BEGINNING, containing 4.7± acres, more or less. A drawing of the above description is attached hereto and made a part thereof.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a monopole telecommunication antenna and related equipment, and those uses permitted in the AR-1, 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 “FINAL SITE COMPLIANCE PLAN FOR TRABUE APARTMENTS IV,” and building elevation titled “BUILDING ELEVATION,” all dated June 13, 2025, 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 adjustment to the plans 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned on the following traffic-related commitments:
1. The developer will be responsible for an amount not to exceed $35,650 contribution toward potential future improvements at the intersection of Trabue Road and Hague Avenue based on 1.15% of the feasibility study’s 2022 Construction Cost Estimate. This contribution will need to go through the FCTID process to formalize the agreement/contribution.
2. The developer shall be responsible for a contribution of $32,832.00 to the City of Columbus, Department of Public Service to be applied toward future roadway improvements that would address traffic operations at the intersections of Trabue Road and McKinley Avenue and Trabue Road and Dublin Road / Marblevista Boulevard.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.