Explanation
Council Variance Application: CV23-064
APPLICANT: Jared Smith, 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 #2460-2023; Z23-039) to the AR-1, Apartment Residential District. The proposed Council variance includes a site plan depicting an 82-unit apartment complex with a density of 23.2 dwelling units per acre. The requested Council variance is generally consistent with the Rocky Fork-Blacklick Accord with regards to site design, and is consistent with the surrounding zoning and development patterns along this portion of Warner Road. The Rocky Fork-Blacklick Accord Implementation Panel reviewed the proposal and recommends approval.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines; 3333.255, Minimum perimeter yard permitted; and 3333.35(G), Maximum garage height, of the Columbus City Codes; for the property located at 5121-5125 WARNER RD. (43081), to permit reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV23-064).
Body
WHEREAS, by application #CV23-064, the owner of property at 5121-5125 WARNER RD. (43081), is requesting a Council variance to permit reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 50 feet along Warner Road, while the applicant proposes a reduced setback of 14.2 feet along Warner Road to allow a water meter and backflow enclosure; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of 20 feet along the western property line and of 10 feet along the south property line, as shown on the submitted site plan; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes to increase the permitted height to 20 feet; and
WHEREAS, the City Departments recommend approval of said Council variance because the variance will allow an apartment complex and the site design is consistent with the development pattern along Warner Road; 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 5121-5125 WARNER ROAD. (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 Sections 3333.18, Building lines; 3333.255, Minimum perimeter yard permitted; and 3333.35(G), Maximum garage height, of the Columbus City Codes, is hereby granted for the property located at 5121-5125 WARNER RD. (43081), insofar as said sections prohibit a reduced building setback line from 50 feet to 14.2 feet along Warner Road to allow a water meter and backflow enclosure; reduced perimeter yard from 25 feet to 20 feet along the western property line and from 25 feet to 10 feet along the south property line; and an increased maximum garage height from 15 feet to 20 feet; said property being more particularly described as follows:
5121-5125 WARNER RD. (43081), being 3.53± acres located on the south side of Warner Road, 150± feet west of North Hamilton Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Plain, being part of Quarter Township 3, Township 2, Range 16, United States Military Lands and containing 3.5± acres of land, more or less, said 3.5± acres being part of an original 1.722 acre tract of land as conveyed to Michelle Copley (formerly known as Michelle Shirzadian) in Instrument No. 201201310013514 and part of an original 2.238 acre tract of land as conveyed to Jamie Helber in Instrument No. 200301240024792, said 3.5 ± acres more particularly described as follows:
Beginning for Reference, at the southwest corner of a 0.103 acre tract of land as conveyed to the City of Columbus in Instrument No. 201202170022888 as Parcel 17-WD, the northwest corner of said original 1.722 acre tract, and being on the east line of an original 2.869 acre tract of land as conveyed to Hudson Square, LLC in Instrument No. 201204200054620 and 9% interest to Hudson Square II, LLC in Instrument No. 201312200207854 as Parcel III;
Thence S 3° 30’ 17” W, with the east line of said Parcel III and the west line of said original 1.722 acre tract, 20.0± feet to the True Point of Beginning;
Thence S 86° 27’ 43” E, across said original 1.722 acre tract and said original 2.238 acre tract, 373.2± feet to the east line of said original 2.238 acre tract and the west line of a 2.070 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Fifteenth Amendment, Phase XVI in Condominium Plat 232, Pg. 10;
Thence S 1° 22’ 28” E, with the west line of said 2.070 acre tract and the east line of said original 2.238 acre tract, 363.5± feet to the southeast corner of said of said original 2.238 acre tract, the southwest corner of said 2.070 acre tract, and being on the north line of a 0.648 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Eleventh Amendment, Phase XII in Condominium Plat 211, Pg. 35;
Thence N 86° 27’ 43” W, with the south line of said original 2.238 acre tract, the north line of said 0.648 acre tract, and the north line of a 0.428 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Twelfth Amendment, Phase XIII in Condominium Plat 221, Pg. 16, 254.2± feet to the southwest corner of said original 2.238 acre tract, being on the east line of said original 1.722 acre tract, and the northwest corner of said 0.428 acre tract;
Thence S 3° 30’ 17” W, with the east line of said original 1.722 acre tract and the west line of said 0.428 acre tract, 87.9± feet to the southeast corner of said original 1.722 acre tract, an angle point of said 0.428 acre tract, the northeast corner of a 0.499 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Seventh Amendment Phase VIII in Condominium Plat 191, Pg. 1, and the northeasterly corner of a 0.275 acre tract of land as dedicated to The Reserve at Preston Woods Condominiums, Eighth Amendment, Phase IX in Condominium Plat 198, Pg. 11;
Thence N 86° 27’ 43” W, with the south line of said original 1.722 acre tract and the north line of said 0.499 acre tract, 150.0± feet to the southwest corner of said original 1.722 acre tract, the southeast corner of said original 2.869 acre tract, and being on the north line of said 0.499 acre tract;
Thence N 3° 30’ 17” E, with the east line of said original 2.869 acre tract and the west line of said original 1.722 acre tract, 450.0± feet to the Point of Beginning, containing 3.53± acres.
The above description was prepared by Advanced Civil Design Inc. on June 20, 2023 and is based on existing Franklin County Auditor records and Franklin County Recorder’s records.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio. This description is for zoning purposes only and is not to be used for the transfer of land.
Parcel No.: 220-001188 & 220-000658
Address: 5121-5125 Warner Road; Columbus, OH 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," dated August 27, 2023, and elevation renderings titled, "ELEVATIONS," dated August 24, 2023, both 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 development.
SECTION 5. That this ordinance is further conditioned on the following: Prior to approval of the final site compliance plan for this proposed development, a determination will be made regarding whether or not a westbound left turn lane at the proposed site access point will be required in conjunction with this proposed development.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.