Explanation
Council Variance Application: CV24-076
APPLICANT: Vista Residential Partners, c/o David Hodge, Atty; 8000 Walton Parkway, Suite 120, New Albany, OH 43054.
PROPOSED USE: Apartment complex.
GREATER SOUTHEAST 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 #3406-2024; Z24-025) to the ARLD, Apartment Residential District. A small portion of this existing parcel is remaining in the R, Rural District for agricultural purposes, and is proposed to be split from the larger ARLD portion. Variances to the minimum required lot area in the R district, required parking lot screening and perimeter yard in the ARLD district, are included in this request. The proposal includes a commitment to a site plan that demonstrates an apartment complex with a maximum of 312 units that is compatible with surrounding uses, and contains common residential design elements consistent with both the South East Land Use Plan (2018) and Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Additionally, this ordinance contains traffic-related commitments as reviewed and approved by the Department of Public Service.
Title
To grant a Variance from the provisions of 3312.21, Landscaping and screening; 3332.06, R-rural area district requirements; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5551 SHANNON RD. (43110), to allow reduced lot size in the R, Rural District, and reduced development standards for an apartment complex in the ARLD, Apartment Residential District (Council Variance #CV24-076).
Body
WHEREAS, by application #CV24-076, the owner of property at 5551 SHANNON RD. (43110), is requesting a Council variance to allow reduced lot size in the R, Rural District, and reduced development standards for a multi-unit residential development in the ARLD, Apartment Residential District; and
WHEREAS, Section 3312.21, Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes a reduced landscape buffer of zero feet with no parking lot screening where the site abuts the residual R district parcel; and
WHEREAS, Section 3332.06, R-rural area district requirements, requires a minimum lot size of five acres, while the applicant proposes a reduced lot size of 0.35± acres in the R, Rural District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet along the proposed lot split line, while the applicant proposes a reduced perimeter yard of zero feet along the residual 0.35± acre R district property (Tract 1), as shown on the submitted site plan; and
WHEREAS, the City Departments recommend approval because the proposal is compatible with surrounding uses, and contains common residential design elements consistent with both the South East Land Use Plan and Columbus Citywide Planning Policies (C2P2) Design Guidelines; and
WHEREAS, this 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 5551 SHANNON RD. (43110), 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 3312.21, Landscaping and screening; 3332.06, R-rural area district requirements; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 5551 SHANNON RD. (43110), insofar as said sections prohibit no parking lot screening for an apartment complex in the ARLD, Apartment Residential District; a reduced lot size from five acres to 0.35± acres in the R, Rural District; and a reduction in the perimeter yard from 25 feet to zero feet where the ARLD district abuts the residual 0.35± acre R district property (Tract 1); said property being more particularly described as follows:
5551 SHANNON RD. (43110), being 24.81± acres located on the south side of Shannon Road 1675± feet northeast of Winchester Pike, and being more particularly described as follows:
Tract 1:
Zoning Description
~ 0.352+/- Acre ~
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of the Southeast Quarter of Section 10, Township 11, Range 21, Congress Lands East of the Scioto River, and containing 0.352 acres, said 0.352 acres being part of an Original 25.5875 acre tract of land conveyed to MAN LAND CW LLC of record in Instrument Number 202110060179678, and being more particularly described as follows:
Beginning for Reference, at a point being S 04°20’08” W, 601.56+/- feet from Franklin County Geodetic Survey Monument 5468 and being N 04°20’08” E, 2374.49+/- feet from Franklin County Geodetic Survey Monument 9946, said point being the northwesterly corner of The Meadows at Shannon Lakes Section 5 Part 1 as dedicated upon Plat Book 131, Page 11, southwesterly corner of The Meadows at Shannon Lakes Section 1 as dedicated upon Plat Book 102, Page 98, being on the common line of Section 10 and Section 11, and being in the original centerline of Shannon Road (R/W-50’) as established by Road Record 5, Page 239 and widened to 50’ per 1935 plans: Shannon Road Improvement;
Thence S 04°20’08” W, with said common section line, westerly line of said Section 5 Part 1 of The Meadows at Shannon Road, along said original centerline of Shannon Road (R/W-50’), 0.53+/- feet to an angle point of said original centerline of Shannon Road (R/W-50’), said angle point being the northeasterly corner of a 1.000 acre tract of land described as Parcel Three as conveyed to Warren E. Wheeler, TR and Pauline E. Wheeler, TR of record in Instrument Number 200708070138327, and being in the westerly line of said Section 5 Part 1 of The Meadows at Shannon Road;
Thence N 85°25’48” W, with said original centerline of Shannon Road (R/W-50’), northerly lines of said 1.000 acre tract, 1.24 acre tract of land known as Tract No. One (1) as conveyed to Jack Horton and Alishea M. Horton of record in Instrument Number 200208130199048, 0.620 acre tract of land conveyed to Ralph Donald McMullen III and Mary Lee McMullen of record in Deed Book 3631, Page 199, 0.207 acre tract of land conveyed to Ralph Donald McMullen III and Mary Lee McMullen of record in Deed Book 3631, Page 197, and 30-foot highway easement to the County of Franklin of record in Deed Book 3631, Page 263, 490.09+/- feet to a point at the northwesterly corner of said 0.207 acre tract and said 30-foot highway easement, northerly corner of said 25.5875 acre tract, said corner also being in said original centerline of said Shannon Road (R/W-50’);
Thence S 04°18’14” W, with the westerly lines of said 30-foot highway easement and 0.207 acre tract, easterly line of said 25.5875 acre tract, and with the common corporation line for the City of Columbus / Madison Township, 50.00+/- feet to a point in the proposed southerly right-of-way line of said Shannon Road, the True Point of Beginning;
Thence S 04°18’14” W, continuing with the westerly lines of said 30-foot highway easement and 0.207 acre tract, easterly line of said 25.5875 acre tract, and with the common corporation line for the City of Columbus / Madison Township, 310.00+/- feet to a point at an easterly corner of said 25.5875 acre tract, southwesterly corner of said 0.207 acre tract;
Thence S 85°20’20” E, with said corporation line, a northerly line of said 25.5875 acre tract, southerly line of said 0.207 acre tract, 10.00+/- feet to a point in the common line thereof;
Thence leaving said northerly line of said 25.5875 acre tract, southerly line of said 0.207 acre tract, and said corporation line and crossing said 25.5875 acre tract of land the following three (3) courses:
S 04°18’14” W, 100.00+/- feet to a point;
N 85°20’20” W, 45.00+/- feet to a point;
N 04°18’14” E, 409.95+/- feet to a point in the proposed southerly right-of-way line of said Shannon Road;
Thence S 85°25’48” E, with said proposed right-of-way line, 35.00+/- feet to the True Point of Beginning, containing 0.352 acres, more or less.
The above description was prepared by Advanced Civil Design Inc. on May 20, 2024 and is based on existing Franklin County Auditor records, Franklin County Recorder records and an actual field survey conducted in April 2023 and January 2024.
Subject to all rights-of-ways, easements and restrictions, if any, of previous record.
The basis of bearings used for this exhibit are based on the NAD83 Ohio State Plane Coordinate System, South Zone (NSRS 2011) which determines the bearing for the common line of Section 10 and Section 11 to be S 04°20’08” W between FCGS 5468 and FCGS 9946.
All references used in this description can be found at the Recorder’s Office Franklin County Ohio.
Tract 2:
Zoning Description
~ 24.456+/- Acre ~
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of the Southeast Quarter of Section 10, Township 11, Range 21, Congress Lands East of the Scioto River, and containing 24.456+/- acres, said 24.456+/- acres being part of an original 25.5875 acre tract of land conveyed to MAN LAND CW LLC of record in Instrument Number 202110060179678, and being more particularly described as follows:
Beginning for Reference, at a point being S 04°20’08” W, 601.56+/- feet from Franklin County Geodetic Survey Monument 5468, said point being the northwesterly corner of The Meadows at Shannon Lakes Section 5 Part 1 as dedicated upon Plat Book 131, Page 11, southwesterly corner of The Meadows at Shannon Lakes Section 1 as dedicated upon Plat Book 102, Page 98, being on the common line of Section 10 and Section 11, and being in the original centerline of Shannon Road (R/W-50’) as established by Road Record 5, Page 239 and widened to 50’ per 1935 plans: Shannon Road Improvement;
Thence S 04°20’08” W, with said common section line, the westerly line of said Section 5 Part 1 of The Meadows at Shannon Road, along said original centerline of Shannon Road (R/W-50’), 0.53+/- feet to an angle point of said original centerline of Shannon Road (R/W-50’), said angle point being the northeasterly corner of a 1.000 acre tract of land described as Parcel Three as conveyed to Warren E. Wheeler, TR and Pauline E. Wheeler, TR of record in Instrument Number 200708070138327, and being in the westerly line of said Section 5 Part 1 of The Meadows at Shannon Road;
Thence N 85°25’48” W, with said original centerline of Shannon Road (R/W-50’), northerly lines of said 1.000 acre tract, 1.24 acre tract of land known as Tract No. One (1) as conveyed to Jack Horton and Alishea M. Horton of record in Instrument Number 200208130199048, 0.620 acre tract of land conveyed to Ralph Donald McMullen III and Mary Lee McMullen of record in Deed Book 3631, Page 199, 0.207 acre tract of land conveyed to Ralph Donald McMullen III and Mary Lee McMullen of record in Deed Book 3631, Page 197, 30-foot highway easement to the County of Franklin of record in Deed Book 3631, Page 263, and partially along said original 25.5875 acre tract, 525.09+/- feet to a point in the northerly line of said original 25.5875 acre tract, said point also being in said original centerline of said Shannon Road (R/W-50’):
Thence S 04°18’14” W, leaving said northerly line of said original 25.5875 acre tract and said original centerline of said Shannon Road (R/W-50’) and crossing said original 25.5875 acre tract of land, 50.00+/- feet to a point in the proposed southerly right-of-way line of said Shannon Road, the True Point of Beginning;
Thence continuing across said original 25.5875 acre tract of land the following three (3) courses:
S 04°18’14” W, 409.95+/- feet to a point;
S 85°20’20” E, 45.00+/- feet to a point;
N 04°18’14” E, 100.00+/- feet to a point in a northerly line of said original 25.5875 acre tract, southerly line of said 0.207 acre tract, and on the City of Columbus / Madison Township corporation line;
Thence S 85°20’20” E, with said corporation line, a northerly line of said original 25.5875 acre tract, southerly lines of said 0.207 acre tract and 0.620 acre tract, southerly line of an original 1.24 acre tract of land conveyed as tract two to Jack Horton and Alishea M. Horton of record in Instrument Number 200208130199048, and southerly line of a 0.364 acre tract of land described as Parcel Two conveyed to Warren E. Wheeler, TR and Pauline E. Wheeler, TR of record in Instrument Number 200708070138327, 479.90+/- feet to a point at the northeasterly corner of said original 25.5875 acre tract, southeasterly corner of said 0.364 acre tract described as Parcel Two, and being in the westerly line of Lot 279 being a part of The Meadows at Shannon Lakes Section 5 Part 2 as numbered and delineated upon Plat Book 131, Page 32, said point also being the easterly line of Section 10 and westerly line of Section 11;
Thence S 04°20’08” W, with the easterly line of said original 25.5875 acre tract, westerly line of said Section 5 Part 2 of The Meadows at Shannon Lakes, westerly line of The Meadows at Shannon Lakes Section 4 as numbered and delineated upon Plat Book 132, Page 77, said common section line, and westerly line of Town Hill Drive (50’) as dedicated upon said Section 4 of The Meadows at Shannon Lakes, 676.59+/- feet to a point at the southeasterly corner of said original 25.5875 acre tract, southwesterly corner of said Section 4 of the Meadows at Shannon Lakes, northwesterly corner of a 40.76 acre tract of land described as Tract One conveyed to Ohio Lamb Farm LLC of record in Instrument Number 201509170131006, northeasterly corner of a 22.3197 acre tract of land conveyed to Strait Real Estate LLC 1, Ltd. of record in Instrument Number 199705230006729, and said point being N 04°20’08” E, 1336.59+/- feet from Franklin County Geodetic Survey Monument 9946;
Thence S 87°01’55” W, with a southerly line of said original 25.5875 acre tract, northerly line of said original 22.3197 acre tract, 823.02+/- feet to a point at an angle point in the southerly line of said original 25.5875 acre tract, northwesterly corner of said original 22.3197 acre tract, and northeasterly corner of a 3.000 acre tract of land described as Parcel 1 conveyed to Strait Real Estate LLC 1, Ltd. of record in Official Record 33276, Page B14;
Thence N 84°58’56” W, with a southerly line of said original 25.5875 acre tract, northerly line of said 3.000 acre tract, 349.35 feet+/- to a point at the southeasterly corner of said original 25.5875 acre tract, northwesterly corner of said 3.000 acre tract, and being in the easterly line of a 34.094 acre tract of land conveyed to Ohio Lamb Farm LLC of record in Instrument Number 201509170131007;
Thence N 04°17’16” E, with the easterly line of said 34.094 acre tract, westerly line of said original 25.5875 acre tract, and easterly line of a 4.298 acre tract of land conveyed to the City of Columbus of record in Instrument Number 200912180182930, 1092.61+/- feet to a point in said proposed southerly right-of-way line;
Thence S 85°25’48” E, with said proposed southerly right-of-way line, 641.54+/- feet to the True Point of Beginning, containing 24.456 acres, more or less.
The above description was prepared by Advanced Civil Design Inc. on May 20, 2024 and is based on existing Franklin County Auditor records, Franklin County Recorder records and an actual field survey conducted in April 2023 and January 2024.
Subject to all rights-of-ways, easements and restrictions, if any, of previous record.
The basis of bearings used for this exhibit are based on the NAD83 Ohio State Plane Coordinate System, South Zone (NSRS 2011) which determines the bearing for the common line of Section 10 and Section 11 to be S 04°20’08” W between FCGS 5468 and FCGS 9946.
All references used in this description can be found at the Recorder’s Office and Engineer’s Office, Franklin County Ohio.
This description is for zoning purposes only and not intended to be used in the transfer of land.
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 ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled, "ZONING SITE PLAN FOR GREENWAY VISTA APARTMENTS 2024 SHEETS 1 & 2," and building elevations titled "GREENWAY VISTA // DESIGN INTENT SHEETS 1 - 3," all dated October 15, 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 development.
SECTION 5. That this ordinance is further conditioned on the following commitments unless otherwise approved or authorized by the Department of Public Service:
1. A contribution of $2,090,384.82 will be required toward active transportation connectivity to the nearby Blacklick Creek Greenway Trail, and in lieu of construction of turn lane improvements at the site access drive due to limited right-of-way available along Shannon Road.
2. The applicant shall include in its stormwater drainage calculation and provide onsite storage and control practices for the area of turn lane improvements at the site access drive and active transportation connectivity to the nearby Blacklick Creek Greenway Trail as approved by the Division of Sewerage and Drainage during review of the stormwater drainage (storm CC) plan for this site.
3. No structures shall be permitted to be built on the residual “R” district parcel, and direct access from the right-of-way shall be prohibited to that residual “R” district parcel.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.