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File #: 3155-2024    Version: 1
Type: Ordinance Status: Passed
File created: 11/8/2024 In control: Zoning Committee
On agenda: 11/25/2024 Final action: 11/27/2024
Title: To grant a Variance from the provisions of Sections 3332.03, R-1 residential district; 3309.14, Height districts; 3312.21(A), Landscaping and screening; 3312.27, Parking setback line 3333.18, Building lines; and, 3333.255, Landscaping and screening, of the Columbus City Codes; for the property located at 5700 CHATFORD DR. (43232) to allow parking in the R-1, Residential District, and an apartment complex with reduced development standards in the AR-3, Apartment Residential District (Council Variance #CV24-129).
Attachments: 1. ORD3155-2024.Attachments, 2. ORD3155-2024.Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
11/27/20241 ACTING CITY CLERK Attest  Action details Meeting details
11/26/20241 MAYOR Signed  Action details Meeting details
11/25/20241 COUNCIL PRESIDENT Signed  Action details Meeting details
11/25/20241 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details
11/25/20241 Zoning Committee ApprovedPass Action details Meeting details
11/25/20241 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
11/18/20241 Columbus City Council Read for the First Time  Action details Meeting details

Explanation

 

Council Variance Application: CV24-129

 

APPLICANT:  KCG Development LLC, c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.

 

PROPOSED USE:  Apartment complex and accessory parking lot.

 

FAR EAST AREA COMMISSION RECOMMENDATION:  Approval.       

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The 8.71± acre site consists of three undeveloped parcels, one is zoned in the AR-3 Apartment Residential District, and the remaining two parcels are zoned in the R-1, Residential District. The requested Council variance will allow a 192-unit apartment complex, consisting of nine apartment buildings and a resident clubhouse. A Council variance is necessary because a portion of the required parking for the apartment complex is located in the R-1, Residential District, which is not an allowed use. Additional variances to increased building height, reduced parking lot shade tree count, reduced parking setback, reduced building lines, and reduced perimeter yard are included in the request. The site is within the planning boundaries of the Far East Land Use Plan (2018), which recommends “High Density Residential (24-45 du/ac)” for the apartment complex area and “Very Low Density Residential (<4 du/ac)” land uses for the overflow parking lot area. Staff notes the proposal is consistent with the Plan’s land use recommendation and has been designed in accordance with recommendations of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The intended development will provide mixed-income affordable and workforce housing consistent with the City’s objective to provide more housing throughout the city.

 

Title

 

To grant a Variance from the provisions of Sections 3332.03, R-1 residential district; 3309.14, Height districts; 3312.21(A), Landscaping and screening; 3312.27, Parking setback line 3333.18, Building lines; and, 3333.255, Landscaping and screening, of the Columbus City Codes; for the property located at 5700 CHATFORD DR. (43232) to allow parking in the R-1, Residential District, and an apartment complex with reduced development standards in the AR-3, Apartment Residential District (Council Variance #CV24-129).

 

Body

 

WHEREAS, by application #CV24-129, the owner of property at 5700 CHATFORD DR. (43232), is requesting a Council variance to allow parking in the R-1, Residential District, and an apartment complex with reduced development standards in the AR-3, Apartment Residential District; and

 

WHEREAS, Section 3332.03, R-1 residential district, prohibits a parking lot as a primary use, while the applicant proposes an overflow parking lot in the R-1, Residential District; and

 

WHEREAS, Section 3309.14, Height districts, requires a maximum building height of 35 feet at the setback line for this property, while the applicant proposes an increased maximum building height of 35.17 feet; 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, with 29 shade trees being required for a 290 parking spaces, while the applicant proposes 23 shade trees, with the remainder being distributed outside of the parking lot and within the site; and

 

WHEREAS, Section 3312.27, Parking setback line, requires the parking setback line to be 25 feet, while the applicant proposes a reduced setback of 10 feet along Walnut Hill Park Drive for the R-1 district portion of the site; and

 

WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet for all structures, while the applicant proposes to allow utility structures, A/C equipment, and hot box/water vaults within the building setback lines; and 

 

WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of five feet along the eastern property line; and

 

WHEREAS, the Far East Area Commission Recommends approval; and

 

WHEREAS, City Departments recommend approval because the requested variance will help facilitate, the development of an apartment complex which will provide mixed-income affordable and workforce housing consistent with the City’s objective to provide more housing. The request is also consistent with the “High Density Residential (24-45 du/ac)” recommendation of the Far East Land Use Plan; and

 

WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed apartment complex; 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 5700 CHATFORD DR. (43232), 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 3332.03, R-1 residential district; 3312.21(A), 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 5700 CHATFORD DR. (43232), insofar as said sections prohibit a parking lot as a primary use in the R-1, Residential District; with an increase in the maximum building height from 35 feet to 35.17 feet; a reduction in the number of required parking lot shade trees from 29 to 23 trees, with the remainder being distributed outside of the parking lot within the site; a reduction in the parking setback from 25 feet to 10 feet along Walnut Hill Park Drive in the R-1 district; utility structures, A/C equipment, and hot box/water vaults located within the building setback lines; and a reduced perimeter yard from 25 feet to 5 feet along the eastern property line; said property being more particularly described as follows:

 

5700 CHATFORD DR. (43232), being 8.71± acres located at the northeast corner of Walnut Hill Park Drive and Chatford Drive, and being more particularly described as follows:

 

Situated in the State of Ohio, County of Franklin, City of Columbus, Section 23, Township 12, Range 21, Refugee Land, being all of a 7.00 acre tract as conveyed to Woodland Plaza, Ltd, of record in Instrument Number 200502220032181 and all of Lot 230 and Lot 229 of “Amended plat of Walnut Hill Park, Section No. 2” of record in Plat Book 38, Page 77, as conveyed to Woodland Plaza, Ltd., of record in Instrument Number 200502220032182, all deed references refer to the records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:

 

BEGINNING at an iron pin set at the northwest corner of said Lot 230 and being in the easterly right of way line of Walnut Hill Park Drive (50') as shown in said “Amended plat of Walnut Hill Park, Section No. 2”;

 

Thence South 85°31'25” East, with the northerly line of said Lot 230, a distance of 314.04 feet to a 3/4" iron pin found;

 

Thence South 4°35'22” West, with the easterly line of said Lot 230 and said Lot 229, passing an iron pin found with a cap inscribed “England” at 110.26 feet, a total distance of 220.00 feet to a 5/8” iron pin found in the southeast corner of Lot 229 and a northerly corner of said 7.00 acre tract;

 

Thence South 49°03'35” East, with a southerly line of a 17.50 acre tract as conveyed to City of Columbus, of record in Deed Volume 3386, Page 620, a distance of 510.12 feet to a 2” metal pipe;

 

Thence South 85°26'18” East, continuing with a southerly line of said 17.50 acre tract, a distance of 249.38 feet to an iron pin set at the northwesterly corner of a 6.36 acre tract as conveyed to Cornerstone Columbus Apartments, LLC, of record in Instrument Number 200709260169172;

 

Thence South 4°33'42” West, with the westerly line of said 6.36 acre tract, a distance of 219.95 feet to an iron pin set at the southwesterly corner of said 6.36 acre tract and in the northerly right of way of Chatford Drive (60') as shown in “Dedication of Lake club Drive, Chatford Drive and Easement”, of record in Plat Book 46, Page 84;

 

Thence with the northerly right of way of said Chatford Drive the following courses:

 

North 85°36'41” West, a distance of 85.78 feet to an iron pin found with a cap inscribed “England”;

 

North 84°36'28” West, passing a 3/4” iron pin found at a distance of 160.61, a total distance of 174.54 feet to a 5/8” iron pin found with a cap inscribed “England” in a point of curvature;

 

With a curve to the right having a central angle of 22°03'24”, a radius of 420.00 feet, an arc length of 161.68 feet, and a chord which bears North 73°34'45” West for a distance of 160.69 feet to

an iron pin set at a point of tangency;

 

North 62°33'03” West, a distance of 371.86 feet to a 3/4" iron pin found at a point of curvature;

 

With a curve to the left having a central angle of 26°23'25”, a radius of 480.00 feet, an arc length of 221.09 feet, and a chord which bears North 75°44'45” West for a distance of 219.14 feet to 3/4” iron pin found with a cap inscribed “PS 6579” at a point of tangency;

 

North 88°56'27” West, a distance of 29.73 feet to a 3/4" iron pin found at a point of curvature, being a corner of said “Dedication of Lake club Drive, Chatford Drive and Easement” and “Amended plat of Walnut Hill Park, Section No. 2”;

 

With a curve to the right having a central angle of 90°01'20”, a radius of 20.00 feet, an arc length of 31.42 feet, and a chord which bears North 43°55'47” West for a distance of 28.29 feet to 3/4” iron pin found at a point of tangency in the easterly right of way line of said Walnut Hill Park Drive;

 

Thence with the easterly right of way line of said Walnut Hill Park Drive the following courses:

North 1°04'53” East, a distance of 31.64 feet to a 3/4” iron pin found at a point of curvature;

 

With a curve to the right having a central angle of 20°05'57”, a radius of 1375.00 feet, an arc length of 482.35 feet, and a chord which bears North 11°07'54” East, passing a 5/8” iron pin found with

a cap inscribed “England” at a distance 256.92 feet and a 3/4" iron pin found at a distance of367.83 feet, a total distance of 479.88 feet to the POINT OF BEGINNING containing 8.710 acres, more or less.

 

Subject to all covenants, restrictions, reservations and easements contained in any instrument of record pertaining to the above described tract of land.

 

All iron pins set are 5/8” x 30” rebar with “CESO” cap;

 

Based on an actual field survey performed under my direct supervision in July

2024.

 

The basis of bearings shown hereon is Ohio State Plane Coordinate System,

South Zone, NAD 83 (2011).

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment complex and parking lot, as shown on the submitted plans, or those uses permitted in the R-1, Residential District and AR-3, 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,” “LANDSCAPE REQUIREMENTS PLAN,” and building elevations titled, “THE RESERVE AT CHATFORD BUILDING ELEVATIONS SHEETS A400-A405,” all dated November 6, 2024, 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 Certificates of Occupancy for the proposed apartment complex.

 

SECTION 5.  That this ordinance is further conditioned on the following:

1. A pedestrian connection from the overflow parking lot to the adjacent City of Columbus parkland to the east shall be provided as reflected on the site plan, with final location to be determined during final site compliance review. The layout of this connector walkway shall be field reviewed by the Recreation and Parks Department and the developer prior to construction.

2. Construction traffic shall utilize Bairdsford Road and Chatford Drive.

SECTION 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.