Explanation
Council Variance Application: CV24-084
APPLICANT: Upland Development Co., c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Mixed-use development.
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 #0763-2025; Z24-084) to the AR-1, Apartment Residential and C-3, Commercial districts to allow a mixed-use development. The requested Council variance will allow mixed-use development consisting of 280 apartment units in Subarea A, and a 5,300 square foot eating and drinking establishment with an 800 square foot outdoor patio in Subarea B, as demonstrated on the submitted site plan. Variances to allow reduced parking setbacks, required parking, building lines, perimeter yards, increased building height for two buildings fronting Trabue Road, and to allow commercial traffic through Subarea A are included in this request. Staff notes that the requested variances are consistent with the Trabue Roberts Area Plan (2011) recommendations and Columbus Citywide Planning Policies (C2P2) Design Guidelines, featuring open spaces and transitions in building height and massing that blend the proposed development with surrounding uses.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3309.14(A), Height districts; 3312.27, Parking setback line; 3312.49(C), Required parking; 3333.18, Building lines; 3333.255, Perimeter yard; and 3355.09, C-3 District setback lines, of the Columbus City Codes; for the property located at 3775 TRABUE RD. (43206), to allow vehicular commercial access and reduced development standards in the AR-1, Apartment Residential District (Council Variance #CV24-084).
Body
WHEREAS, by application #CV24-084, the owner of property at 3775 TRABUE RD. (43206), is requesting a Council variance to allow vehicular commercial access and reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits vehicular commercial access in the AR-1, Apartment Residential District, while the applicant proposes vehicular commercial access through Subarea A; and
WHEREAS, Section 3309.14(A), Height districts, prohibits the height of a building to exceed 35 feet at the building setback line, while the applicant proposes increased building heights of 40 feet for Buildings A and B along Trabue Road in Subarea A; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum parking setback of 25 feet along Britton Avenue in Subarea A and 25 feet along Trabue Road in Subarea B, while the applicant proposes a five foot parking setback along both frontages; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per unit in Subarea A, and 1 parking space per 75 square feet of eating and drinking establishment space and 1 parking space per 150 square feet of patio space inSsubarea B, or a total of 420 spaces for a 280-unit apartment complex, and 77 spaces for 5,300 square feet of eating and drinking establishment with 800 square feet of outdoor patio space, while the applicant proposes 419 parking spaces for Subarea A and 73 parking spaces for Subarea B; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 60 feet along Trabue Road, while the applicant proposes a reduced building line of five feet along the Trabue Road frontage for Subarea A; and
WHEREAS, Section 3333.255, Perimeter yard, requires a 25-foot wide perimeter yard for an apartment complex, while the applicant proposes a reduced perimeter yard of five feet along the south and west perimeter of Subarea A, and three feet along the perimeter of Subarea B, as shown on the submitted site plan; and
WHEREAS, Section 3355.09, C-3 District setback lines, requires a building setback line of 60 feet along Trabue Road, while applicant proposes a building setback line of five feet along the Trabue Road frontage for Subarea B; and
WHEREAS, the West Scioto Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances will allow a mixed-use development that is consistent with Trabue Roberts Area Plan (2011) recommendations and Columbus Citywide Planning Policies (C2P2) Design Guidelines and features open spaces and transitions in building height and massing that blend the proposed development with surrounding uses; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates 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 3775 TRABUE RD. (43206), 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; 3309.14(A), Height districts; 3312.27, Parking setback line; 3312.49(C), Required parking; 3333.18, Building lines; 3333.255, Perimeter yard; and 3355.09, C-3 District setback lines, of the Columbus City Codes; is hereby granted for the property located at 3775 TRABUE RD. (43206), insofar as said sections prohibit vehicular commercial access in the AR-1, Apartment Residential District; with an increased building height of 40 feet for Buildings A and B in Subarea A; reduced parking setbacks along Trabue Road and Britton Avenue from 25 feet to five feet in Subarea A, and along Trabue Road from 25 feet to five feet in Subarea B; reduced parking requirements from 420 required to 419 provided spaces in Subarea A, and from 77 required to 73 provided spaces in Subarea B; a reduced building line from 60 to five feet along Trabue Road for Subarea A; reduced perimeter yards in Subarea A from 25 to five feet along the south and west perimeter of Subarea A, and three feet along the perimeter of Subarea B; and a reduced building setback line from 60 feet to five feet along Trabue Road in Subarea B; said property being more particularly described as follows:
3775 TRABUE RD. (43206), being 18.3± acres located on the south side of Trabue Road 2,260± feet northeast of Wilson Road, and being more particularly described as follows:
SUBAREA A
ZONING AREA
LEGAL DESCRIPTION
15.6± ACRE ZONING BOUNDARY
Situate in the State of Ohio, County of Franklin, Township of Franklin, being in Virginia Military Survey Number 875, being all of Lots 12 and 13, part of lot 14, inclusive, and part of Lots 20 through 21 of the North Skidmore Addition, of record in Plat Book 15, Page 14, as conveyed to Kathleen Ann Chapin, Steven John Chapin, and Karen Chapin Ohlemacher by Affidavit recorded in Instrument Number 202304140035895 and Instrument Number 201512150175126, originally transferred in Official Record Volume 24461, Page I14 (Lots 13 and 20), all of a 0.899 acre tract also as conveyed to Shaffer Investment Co., LLC in Instrument Number 202405230050762 (part of Lot 14), being part of a 8.115 acre tract as conveyed to Myflori, LLC in Instrument Number 201601190006746, part of a 5.595 acre tract as conveyed to V3 Group LLC in Instrument Number 201904300049592, being part of a 1.188 acre tract (contains Lot 21) as conveyed to Arbook, LLC in Instrument Number 202206070085370, and being the remainder of Parcels One, Two, and Three (contains Lot 12) as conveyed to Garshar Asset Mgmt., LLC in Instrument Number 201504210050475, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
COMMENCING at the northerly common corner of Scioto Woods Section 1, of record in Plat Book 71, Page 70, and Scioto Woods Section 2, of record in Plat Book 73, Page 12, also being a southerly corner of said 8.115 acre tract;
Thence in part along a southerly line of the remainder of said 8.115 acre tract, North 66°23’53” West, 195.58± feet to a point on the southerly line of the remainder said 8.115 acre tract;
Thence along a westerly line of the remainder of said 8.115 acre tract, North 23°39’07” West, 1.00± feet to a point on the westerly line of the remainder of said 8.115 acre tract, said point being the TRUE POINT OF BEGINNING;
Thence along a westerly line of the remainder of said 8.115 acre tract, North 23°39’07” West, 30.00± feet to a point at the northwesterly corner of the remainder of said 8.115 acre tract and the southerly right-of-way line of Trabue Road (Width Varies) (Road Record 16, Page 44 and Road Record 7, Page 435),;
Thence along the northerly line of the remainder of said 8.115 are tract, the northerly line of the remainder of said 5.595 acre tract, and the southerly right-of-way line of Trabue Road, North 66°21’07” East, 996.27± feet to a point on the northeasterly corner of the remainder of said 5.595 acre tract;
Thence along a jog in the southerly right-of-way line of Trabue Road and the easterly line of the remainder of said 8.115 acre tract, South 24°17’53” East, 20.00± feet to a point on the easterly line of the remainder of said 8.115 acre tract and the northwesterly corner of the remainder of said 1.188 acre tract;
Thence along the southerly right-of-way line of Trabue Road and the northerly line of the remainder of said 1.188 acre tract, North 66°21’07” East, 206.38± feet to a point on the northeasterly corner of the remainder of said 1.188 acre tract and the westerly line of said Lot 20;
Thence along the westerly and northerly lines of said Lot 20 and the southerly right-of-way line of Trabue Road, the following two (2) courses:
North 23°31’29” West, 20.00± feet to a point;
North 66°21’07” East, 174.54± feet to a point at the northerly corner of said Lot 20 and on the southerly right-of-way line of Trabue Road;
Thence leaving the southerly right-of-way line of Trabue Road and along the easterly line of said Lot 20, South 24°17’53” East, 219.56± feet to a point at the southeasterly corner of said Lot 20 and the northwesterly corner of said Lot 14;
Thence along the northerly and easterly lines of said Lot 14, the following four (4) courses:
1) North 66°21’07” East, 87.96± feet to a point;
2) South 24°17’53” East, 50.81± feet to a point;
3) North 66°21’07” East, 86.58± feet to a point;
4) South 24°17’53” East, 198.75± feet to a point on the southeasterly corner of said Lot 14;
Thence along the southerly lines of said Lots 14, 13, and 12, South 66°21’07” West, 523.62± feet to a point on the southerly corner of said Lot 12;
Thence along the northeasterly corner of the remainder of said Garshar Parcel One, South 24°17’53” East, 39.63± feet to the southeasterly corner of said remainder;
Thence along the southeasterly line of said remainder and said 5.595 acre tract, South 66°40’12” West, 80.53± feet to a corner of said 5.595 acre tract;
Thence along the easterly lines of said 5.595 acre tract, the following three (3) courses:
1) South 24°17’53” East, 150.29± feet to a corner thereof;
2) North 66°36’22” East, 32.02± feet to a corner thereof;
3) South 24°17’53” East, 669.04± feet to a corner thereof, being on the existing City of Columbus Corporation line, as shown in Case Number 14-69, Ordinance Number 1155-69, and recorded in Miscellaneous Record 148, Page 229;
Thence along the southeasterly line of said 5.595 acre tract and along said existing City of Columbus Corporation line, South 66°05’46” West, 186.17± feet to the southerly corner of said 5.595 acre tract;
Thence along the southwesterly line of said 5.595 acre tract and the existing City of Columbus Corporation line, as shown in said Case Number 34-71, North 23°52’53” West, 330.58± feet to the southeasterly corner of said 8.115 acre tract;
Thence along the southwesterly lines of said 8.115 acre and along said existing City of Columbus Corporation line, the following eight (6) courses:
1) North 88°33’02” West, 143.53± feet to a corner thereof;
2) North 28°33°51” West, 176.85± feet to a corner thereof;
3) South 69°46’55” West, 122.61± feet to a corner thereof;
4) North 42°20’24” West, 233.38± feet to a corner thereof;
5) North 15°35’14” West, 223.61± feet to a corner thereof;
6) North 48°23’14” West, 14.01± feet to a point on the southwesterly line of said 8.115 acre and along said existing City of Columbus Corporation line;
Thence across the remainder of said 8.115 acre tract, the following three (3) courses:
1) North 66°21’07” East, 221.36± feet to a point;
2) North 23°38’53” West, 268.33± feet to a point;
3) South 66°21’07” West, 711.96± feet to the POINT OF BEGINNING, containing 15.6 acres, more or less.
This description is based on records, written by E.P. Ferris & Associates, Inc in January 2025, and is intended to be used for zoning purposes only.
SUBAREA B
ZONING AREA
LEGAL DESCRIPTION
2.7± ACRE
ZONING BOUNDARY
Situate in the State of Ohio, County of Franklin, Township of Franklin, being in Virginia Military Survey Number 875, being part of an 8.115 acre tract as conveyed to Myflori, LLC in Instrument Number 201601190006746, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
BEGINNING at the northerly common corner of Scioto Woods Section 1, of record in Plat Book 71, Page 70, and Scioto Woods Section 2, of record in Plat Book 73, Page 12, also being a southerly corner of said 8.115 acre tract;
Thence in part along a southerly line of the remainder of said 8.115 acre tract, North 66°23’53” West, 195.58± feet to a point on the southerly line of the remainder said 8.115 acre tract;
Thence along a westerly line of the remainder of said 8.115 acre tract, North 23°39’07” West, 1.00± feet to a point at the northwesterly corner of the remainder of said 8.115 acre tract and the southerly right-of-way line of Trabue Road (Width Varies) (Road Record 16, Page 44 and Road Record 7, Page 435),;
Thence across the remainder of said 8.115 are tract, the following three (3) courses:
North 66°21’07” East, 711.96± feet to a point;
South 23°38’53” East, 268.33± feet to a point;
South 66°21’07” West, 221.36± feet to a point on the southwesterly line of the remainder of said 8.115 acre tract and the existing City of Columbus Corporation Line;
Thence along the southwesterly lines of the remainder of said 8.115 acre tract and along the existing City of Columbus Corporation Line, the following three (3) courses:
North 48°23’14” West, 135.38± feet to a point;
South 81°06’46” West, 183.44± feet to a point;
South 45°58’32” West, 132.06± feet to a point at the northerly common corner of said Scioto Woods Section 1 and Scioto Woods Section 2, a southerly corner of said 8.115 acre tract, and on the existing City of Columbus Corporation Line said point being the POINT OF BEGINNING, containing 2.7± acres, more or less.
This description is based on records, written by E.P. Ferris & Associates, Inc in January 2025, and is intended to be used for zoning purposes only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for commercial access, and those uses permitted in the AR-1, Apartment Residential District and C-3, Commercial District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled, "ZONING PLAN - FAIRWEATHER DEVELOPMENT, SHEETS 1-2," and building elevations titled "ELEVATIONS, SHEETS 1-4,” all dated March 3, 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 following traffic-related commitments:
1. A westbound left turn lane with a length of 185 feet 235 feet (including a 60 feet diverging taper) and an eastbound right turn lane with a length of 125 feet 175 feet (including a 50 feet diverging taper) shall be constructed at the proposed site access point to Trabue Road.
2. A contribution of $182,900 shall be paid to the Franklin County Engineer’s Office toward potential future improvements at the intersection of Trabue Road and North Hague Avenue.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.