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File #: 2406-2023    Version: 1
Type: Ordinance Status: Passed
File created: 8/21/2023 In control: Zoning Committee
On agenda: 9/11/2023 Final action: 9/13/2023
Title: To grant a Variance from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 4975 WARNER RD. (43081), to allow a reduced perimeter yard for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV23-035).
Attachments: 1. ORD2406-2023_Attachments, 2. ORD2406-2023_Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
9/13/20231 CITY CLERK Attest  Action details Meeting details
9/12/20231 MAYOR Signed  Action details Meeting details
9/11/20231 COUNCIL PRESIDENT PRO-TEM Signed  Action details Meeting details
9/11/20231 Zoning Committee Waive the 2nd ReadingPass Action details Meeting details
9/11/20231 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
9/11/20231 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details
9/11/20231 Zoning Committee ApprovedPass Action details Meeting details

Explanation

 

Council Variance Application:  CV23-035

 

APPLICANT:  Preferred Living; c/o David Hodge, Atty.; Underhill and Hodge, LLC; 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 #2405-2023; Z23-023) to the AR-1, Apartment Residential District. The applicant proposes an apartment complex with a total of 144 units. A variance to reduce the required perimeter yard is included with this request. Staff finds the requested variance supportable as it provides a central green space and a greater setback from Warner Road, consistent with Rock Fork-Blacklick Accord (2003) recommendations for this roadway. The Rocky Fork - Blacklick Accord Implementation Panel reviewed the proposal and recommends approval.

 

Title

 

To grant a Variance from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 4975 WARNER RD. (43081), to allow a reduced perimeter yard for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV23-035).

 

Body

 

WHEREAS, by application #CV23-035, the owner of property at 4975 WARNER RD. (43081), is requesting a Council variance to allow a reduced perimeter yard for an apartment complex in the AR-1, Apartment Residential District; and

 

WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet for an apartment complex, while the applicant proposes reduced perimeter yards of 15 feet along the southern property line and 10 feet along the eastern and western property lines, as depicted on the submitted site plan; and

 

WHEREAS, the City Departments recommend approval because the variance will allow an apartment complex with a central green space and a greater setback from Warner Road, consistent with the Plan’s recommendation; 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 4975 WARNER RD. (43081), 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 Section 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 4975 WARNER RD. (43081), insofar as said sections prohibit a reduced perimeter yard from 25 feet to 15 feet along the southern property line, and to 10 feet along the eastern and western property lines; said property being more particularly described as follows:

 

4975 WARNER RD. (43081), being 5.41± acres located on the south side of Warner Road, 2,000 feet± west of North Hamilton Road, and being more particularly described as follows:

 

Zoning Description 5.413± Acres

 

Situated in the State of Ohio, County of Franklin, Township of Plain, being in Quarter Section 3, Township 2, Range 16, United States Military Lands and containing 5.413+/- acres, said 5.413+/- acres being the full remainder of an original 2.869 acres conveyed to Michael D. Lee & Linda M. Lee of record in Official Record 17175E15 and the full remainder of an original 2.869 acres conveyed to Edward D. Hock of record in Official Record 30625E01, said 5.413+/- acres more particularly described as follows;

 

Beginning, at the southwesterly corner of said Hock tract, said corner also being a northerly corner of 13.238 acre tract of land conveyed to Perry Lane II LLC of record in Instrument Number 202110040178015;

 

Thence N 03° 29' 52" E, with the westerly line of said Hock tract, easterly line of full remainder of original 0.728 acre tract of land conveyed to Phyllis M. Wahl of record in Instrument Number 201806290086600 and Lindra S. Frame & Julia J. Tangeman of record in Instrument Number 201607250095553, and easterly line of said 13.238 acre tract of land, 471.68+/- feet to the northwesterly corner of said Hock tract, said corner also being the northeasterly corner of said Wahl, Frame, & Tangeman Tract, southeasterly corner of 0.094 acre tract of land known as Parcel 24-WD conveyed to the City of Columbus of record in Instrument Number 201206190087128, and southwesterly corner of 0.164 acre tract of land known as Parcel 23-WD conveyed to the City of Columbus of record in Instrument Number 201208170120561;

 

Thence S 86° 28' 00" E, with the northerly line of said Hock Tract, northerly line of said Lee tract, southerly line of said 0.164 acre tract known as Parcel 23-WD, and with the southerly line of 0.164 acre tract of land known as Parcel 22-WD conveyed to the City of Columbus of record in Instrument Number 201205300075632, 499.78+/- feet to the northeasterly corner of said Lee tract, southeasterly corner of said 0.164 acre tract of land know as Parcel 22-WD, and westerly line of 0.034 acre tract of land conveyed to the City of Columbus of record in Instrument Number 200912040175326;

 

Thence S 03° 27' 26" W, with the easterly line of said Lee tract, westerly line of said 0.034 acre tract, westerly line of 0.011 acre tract of land conveyed to the City of Columbus of record in Instrument Number 201003120029574, and westerly line of said 13.238 acre tract, 471.58+/- feet to the southeasterly corner of said Lee Tract, said corner also being a northerly corner of said 13.238 acre tract;

 

Thence N 86° 28' 38" W, with the southerly line of said Lee tract, southerly line of said Hock Tract, and northerly line of said 13.238 acre tract, 500.11+/- feet to the True Point of Beginning containing 5.413+/- acres, more or less. The above description was written by Advanced Civil Design on January 5, 2023. A drawing of the above description is attached hereto and made a part thereof.

 

Parcel No.: 200-000617 & 200-000620

Property Address: 4975 Warner Rd., Columbus, Ohio 43081.

 

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 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 plan titled, "DEVELOPMENT PLAN," and building renderings titled “CONCEPTUAL BUILDING RENDERING,” both dated June 28, 2023, and signed by Eric Zartman, 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.

 

SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.