Explanation
Council Variance Application CV25-066
APPLICANT: Connie J Klema, Atty.; P.O. Box 991; Pataskala, OH 43062.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a hotel in the CPD, Commercial Planned Development District. The requested Council Variance will allow a multi-unit residential development with a maximum of 306 dwelling units, while retaining existing commercial spaces. A Council variance is required because ground floor residential uses are not allowed in this CPD district, which specifically allows for C-4 commercial uses, as approved by Ordinance #1145-82 (Z81-115). Additionally, a variance to reduce required parking from 823 spaces to 558 provided parking spaces is included in the request. The site is within the planning boundaries of the Far North Area Plan (2014), which recommends “Employment Center” land uses at this location. Although the proposed use is inconsistent with the Plan’s land use recommendation, staff recognizes the adaptive reuse of the existing structure and compatibility with other nearby high-density residential uses as mitigating factors for support of the use. The request is also consistent with City priorities for providing more housing units.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3361.02, Permitted uses; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 175 HUTCHINSON AVE. (43235), to allow ground floor residential uses with reduced parking in the CPD, Commercial Planned Development District (Council Variance #CV25-066).
Body
WHEREAS, by application #CV25-066, the owner of property at 175 HUTCHINSON AVE. (43235), is requesting a Council variance to allow ground floor residential uses with reduced parking in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 permitted uses, prohibits residential uses other than apartments above specified commercial uses, while the applicant proposes ground floor residential uses; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-4 district uses, and does not allow residential uses other than apartments above specified commercial uses, while the applicant proposes ground floor residential uses in the CPD district; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit in multi-unit residential developments, and one parking space per 75 square feet of eating and drinking establishment space for a total of 823 parking spaces, while the applicant proposes a total of 559 parking spaces; and
WHEREAS, City Departments recommend approval because the requested variances will help facilitate the adaptive reuse of the existing site. Staff notes the proposal’s reuse of the site, the site’s adjacency to existing multi-unit residential development and hotel uses, and jobs within close proximity for the future tenants as mitigating factors, and thus do not consider the use to be incompatible with the recent development pattern of the area. The request is also consistent with City priorities for providing more housing units; and
WHEREAS, said 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 175 HUTCHINSON AVE. (43235), 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 3356.03, C-4, permitted uses; 3361.02, Permitted uses; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 175 HUTCHINSON AVE. (43235), insofar as said sections prohibit ground floor residential uses in the CPD, Commercial Planned Development District which allows C-4, Commercial District uses; and a reduction in required parking from823 spaces to 559 spaces; said property being more particularly described as follows:
175 HUTCHINSON AVE. (43235), being 8.48± acres located on the south side of Hutchinson Avenue, at the terminus of High Cross Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Lots 63 and 64 of Section 2, Township 2, Range 18, United States Military Lands, being all of the 8.510 acre tract conveyed to West-WHI Columbus Northwest Partners by deed of record in Official Record 5473 A08 and being part of Lot No. 11 of "HAZEL PARK SUBDIVISION", as delineated on the plat of record in Plat Book 27, page 47, all references being to records in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
BEGINNING at an iron pin set in the northerly line of said Lot No. 11, the southerly right-of-way line of Hutchinson Avenue (being 50 feet in width), said iron pin being located North 86º 28' 09" West, 70.16 feet from the northeasterly corner of said Lot No. 11, the southeasterly terminus of said platted Hutchinson Avenue, said iron pin also being in the line common to said 8.510 acre tract and the 2.503 acre tract conveyed to Columbus Homewood Partners by deed of record in Official Record 13470 F01;
Thence North 3º 10' 07" East, a distance of 6.31 feet, with the line common to said 8.510 and 2.503 acre tracts, to a 3/4" iron pin with Woolpert cap found in the southerly right-of-way line of Hutchinson Avenue (60 feet in width);
Thence with the southerly right-of-way lines of said Hutchinson Avenue, the following courses and distances:
with the arc of a curve to the left, having a central angle of 18º 08' 42", a radius of 530.00 feet, an arc length of 167.84 feet and a chord bearing North 70º 12' 30" East, a chord distance of 167.14 feet, to an iron pin set at a point of reverse curvature;
with the arc of a curve to the right, having a central angle of 32º 01' 58", a radius of 470.00 feet, an arc length of 262.77 feet and a chord bearing North 77º 09' 08" East, a chord distance of 259.36 feet, to a 3/4" iron pin found at a point of tangency;
South 86º 49' 53" East, a distance of 243.81 feet, to a 3/4" iron pin with Bird and Bull cap found at a common corner of said 8.510 acre tract and the 4.210 acre tract conveyed to Alexandria Suites Investment, LP by deed of record in Instrument Number 199810200267411;
Thence South 3º 10' 07" West, a distance of 614.85 feet, with the line common to said 8.510 and 4.210 acre tracts, to a 3/4" iron pin with Bird and Bull cap found in the northerly limited access right-of-way line of Interstate Route 270;
Thence with said limited access right-of-way line of Interstate Route 270, the following courses and distances: North 88º 40' 34" West, a distance of 238.77 feet, to a 3/4" iron pipe found;
North 80º 55' 15" West, a distance of 402.00 feet, to a 3/4" Iron pin found;
North 63º 25' 56" West, a distance of 9.25 feet, to a 3/4" iron pin with Woolpert cap found at a common corner of said 8.510 and 2.503 acre tracts;
Thence North 3º 10' 07" East, a distance of 434.40 feet, with the line common to said 8.510 and 2.503 acre tracts, to the POINT OF BEGINNING. Containing 8.510 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, unless otherwise noted, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (3) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the same bearing system as shown on the plat "Dedication of Dimension Drive, High Cross Boulevard and Easements" of record in Plat Book 83, Page 97.
LESS AND EXCEPTING THEREFROM THE FOLLOWING 0.034 ACRE TRACT AS KNOWN AS 60-WL AS CONVEYED BY CH REALTY IV/COLUMBUS PARTNERS L.P. BY RECEIVER, REG MARTIN OF MARTIN MANAGEMENT, INC. TO THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION BY INSTRUMENT NO. 201305220085001:
Situated in the City of Columbus, County of Franklin, State of Ohio, Section 2, Township 2 North, Range 18 West of the U.S. Military Lands, and being part of Lot 39 and 64 of the Partition Plat of the Scioto Land Company, Deed Book A, Page 194, destroyed by fire, as demonstrated in Survey Plat Book 3, Pages 136 and 137. (Descriptions of said partition lots are recorded in Deed Book A, pages 7 and 14) of the Franklin County Records, being also part
of a parcel of land, now or formerly owned by CH Realty IV/Columbus Partners, LP., a Delaware limited partnership, per Instrument Number 200608170163175 of the Franklin County Records and being more fully described as follows:
Being a parcel of land lying on the left side of the centerline of right of way of I-270 per a plat of survey made for the Ohio Department of Transportation and recorded in Plat Book , Page of the Franklin County Records.
Commencing at a 2 1/2" aluminum disk stamped "N 58-94", said disk being located 163.56 feet left of I-270 centerline of right of way Station 923+28.28;
Thence S 03º 22' 08" W, 163.56 feet, to a point located at I-270 centerline station 923+28.28;
Thence N 86º 37' 52" W, 436.06 feet, along the centerline of right of way of I-270, to a point at I-270 centerline Station 918+92.32;
Thence N 03º 22' 08" W, 213.64 feet, perpendicular to the centerline of I-270, to a point on the existing northerly limited access right of way line of I-270 and being on the northerly line of a parcel of land acquired by the State of Ohio as Parcel 6044-WL by a judgment entry of the Franklin County Common Pleas Court per Case Number 222879, dated October 13, 1965, said point being the southwest property corner of the Grantor, said point also being the southeast corner of a parcel of land, now or formerly owned by ANR Columbus Hotel, LLC., per Image Number 201004220048665 of the Franklin County Records, said point being located 213.64 feet left of I-270 centerline Station 918+92.32 and also being the TRUE POINT OF BEGINNING for the following parcel herein described;
Thence N 03º 04' 50" E, 14.99 feet, along the Grantor's west property line and the east line of the ANR Columbus Hotel, LLC., parcel, to a rebar set on the proposed northerly limited access right of way line of I-270, said rebar being located 228.62 feet left of I-270 centerline Station 918+92.24;
Thence S 74º 56' 59" E, 169.95 feet, along the proposed northerly limited access right of way line of I-270 and through the Grantor's parcel, to a rebar set on the Grantor's southerly line, the northerly line of the existing northerly limited access right of way line of I-270, and the northerly line of the aforementioned Parcel 6044-WL, said rebar being located 194.21 feet left of I-270 centerline Station 920+58.67;
Thence N 80º 55' 14" W, 158.66 feet, along the Grantor's southerly line, the northerly line of the existing northerly limited access right of way line of I-270, and the northerly line of the aforementioned Parcel 6044-WL, to an angle point in the existing northerly limited access right of way line of I-270, said point being located 210.00 feet left of I-270 centerline Station 919+00.80;
Thence N 63º 25' 57" W, 9.23 feet along the Grantor's southerly line, the northerly line of the existing northerly limited access right of way line of I-270, and the northerly line of Parcel 6044-WL, to the true point of beginning and containing 0.034 acres of land, more or less.
Of the above described 0.034 acres, 0.000 acres are contained within the present right-of-way of Interstate Route 270, of which 0.022 acres are calculated to be contained in Lot 39 and 0.012 acres are calculated to contained in Lot 64, resulting in a net take of 0.034 acres of land, more or less, entirely contained within and part of Franklin County Auditor Parcel Number 610-198379.
The above description was prepared by, or under the direct supervision of Dan Stankavich, P.S. 7122, for the URS Corporation on March 9, 2011, for the State of Ohio and is based on a survey performed by the URS Corporation under the direct supervision by Mark E. Lukosavich, P.S. 8088 in 2004 and 2005.
All rebars set are 5/8" diameter by 30" long set 2" aluminum disk stamped "State of Ohio R/W-URS CORP." and shall be placed prior to construction.
Bearings for the above described parcel are based on the bearing observed to be S 87º 21' 02" E between control monuments designated "N 58-94" and "N 61-94" per plan designated FRA-270 - 27.400 on file with ODOT District 6, and is intended to be for local Project Reference only. The establishment and relationship of the centerlines of I-270, U.S. 23, and S.R. 315 were based on the controlling record centerline of construction bearing of U.S. 23, from the calculated point of intersection of the centerline of construction of U.S. 23 and relocated Wilson Bridge Road, plan calculated Station 51+40.86 (record Station 51+41.50), and a "A" rebar found in a monument box at U.S. 23 P.I. Station 75+05.23 (observed and record), to be N 03º 05' 02" E as shown on the record plat for FRA-270-14.83 N and recorded in Plat Book 37, Page 115 of the Franklin County Records.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with residential uses as permitted by this ordinance, or those uses allowed by the CPD, Commercial Planned Development District in accordance with Ordinance #1145-82 (Z81-115) and the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan drawing titled, "HILTON HOTEL," dated November 4, 2025, and signed by Connie Klema, 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.