Explanation
Council Variance Application: CV25-097
APPLICANT: Metro Development III LLC, c/o Elizabeth Seedorf, Atty.; 52 East Gay Street, Columbus, OH 43215.
PROPOSED USE: Apartment complex.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 22.7± acre site consists of one parcel developed with a religious facility. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning request for the northern 17.1± acre portion of the site to the L-ARLD, Limited Apartment Residential District (Ordinance #3346-2025; Z25-051) for a 216-unit apartment complex. The requested Council variance will allow the site conditions pending a lot split, for the religious facility in the R, Rural District, and includes variances to increase garage height, reduce rear yard, and reduce required setback areas. Staff supports the requested variances as they will enable the existing building and site layout pending a future lot split at this location. Additionally, the proposed garage elevations are consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To grant a Variance from the provisions of Sections 3332.26(A), Minimum side yard permitted; 3332.27, Rear yard; 3333.255, Perimeter yard; and 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 464 RATHMELL RD. (43137), to allow reduced development standards for a religious facility in the R, Rural District and an apartment complex in the L-ARLD, Limited Apartment Residential District (Council Variance #CV25-097).
Body
WHEREAS, by application #CV25-097, the owner of property at 464 RATHMELL RD. (43137), is requesting a Council variance to allow reduced development standards for a religious facility in the R, Rural District and an apartment complex in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3332.26(A), Minimum side yard permitted, requires a minimum side yard of 7.5 feet for the existing religious facility, while the applicant proposes a reduced side yard of zero feet along the eastern property line as indicated on the site plan included with Ordinance #3346-2025 (Z25-051); and
WHEREAS, 3332.27, Rear yard, requires each dwelling, residence or principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of 14.7 percent for the existing religious facility, as indicated on the site plan included with Ordinance #3346-2025 (Z25-051); and
WHEREAS, Section 3333.255 Perimeter yard, requires a perimeter yard of 25 feet for an apartment complex, while the applicant proposes a reduced perimeter yard of five feet along the westernmost southern property line and of zero feet at its closest point along the western property line as indicated on the site plan included with Ordinance #3346-2025 (Z25-051); and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage building to 15 feet, while the applicant proposes to increase the allowable height to 16 feet; and
WHEREAS, the Far South Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the requested variances will conform the existing conditions of the religious facility and Staff support the requested increase in garage height as the proposed elevations are consistent with C2P2 Design Guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed apartment complex; 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 464 RATHMELL RD. (43137), 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 3332.26(A), Minimum side yard permitted; 3332.27, Rear yard; 3333.255, Perimeter yard; and 3333.35(G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 464 RATHMELL RD. (43137), insofar as said sections prohibit a reduced minimum side yard from 7.5 to zero feet along the eastern property line, and a reduced rear yard from 25 to 14.7 percent for the existing religious facility; and a reduced perimeter yard from 25 to five feet along the westernmost southern property line, and to zero feet at its closest point along the western property line, and an increased garage height from 15 to 16 feet for the proposed apartment complex; said property being more particularly described as follows:
464 RATHMELL RD. (43137), being 22.7± acres located on the north side of Rathmell Road, 260± feet east of Fosterson Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 21. Township 4, Range 22, Congress Lands and containing 17.1± acres of land, more or less, said 17.1± acre tract being part of the remainder piece of the Original 23.496 acre tract of land conveyed to the Churches of Christ in Christian Union of record in Official Record 33878E18, said 17.1± acres more particularly described as follows:
Beginning at the northwesterly corner of said Original 23.496 acre tract, being the southerly corner of Lot 74 and the southwesterly corner of Lot 73, both Lots being numbered and delineated upon the plat “Wyndham Ridge Section 1, Part 2 of record in Plat Book 104, Page 49 and being in the easterly line of a 13.085 acre tract of land conveyed to The Orchard at Scioto Downs, LLC of record in Instrument Number 202209150132011;
Thence S 86° 14’ 44” E, along the northerly line of said Original 23.496 acre tract, along the southerly subdivision line of said Wyndham Ridge Section 1, Part 2 and along the southerly subdivision line of Wyndham Ridge Section 1, Part 1 of record in Plat Book 103, Page 55, 1657.6± feet to the current northeasterly corner of said Original 23.496 acre tract, being the southeasterly corner of a portion of dedicated right-of-way of Parsons Avenue as shown on said Wyndham Ridge Section 1, Part 1, being the southwesterly corner of a 0.080 acre tract of land conveyed to the Franklin County Commissioners of record in Instrument Number 200205140121147, being the northwesterly corner of a 0.439 acre tract of land conveyed to the Franklin County Commissioners of record in Instrument Number 200205130119441 and being in the westerly right-of-way line of Parsons Avenue (R/W-Varies);
Thence along the current easterly lines of said Original 23.496 acre tract, along the westerly lines of said 0.439 acre tract, and along said westerly right-of-way line, the following five (5) courses:
S 03° 53’ 37” W, 137.4± feet to an angle point;
N 86° 06’ 23” W, 10.0± feet to an angle point;
S 03° 53’ 37” W, 50.00± feet to an angle point;
S 86° 06’ 23” E, 10.0± feet to an angle point;
S 03° 53’ 37” W, 278.5± feet to the current southeasterly corner of said Original 23.496 acre tract, being the southwesterly corner of said 0.439 acre tract, being the northwesterly corner of a 0.902 acre tract of land conveyed to the Franklin County Commissioners of record in Intstrument Number 200303240083881 and being the northeasterly corner of an Original 5.001 acre tract of land conveyed to Shawn Jarvis of record in Instrument Number 201802090018324;
Thence along the common lines of said Original 23.496 acre tract and said Original 5.001 acre tract, the following two (2) courses:
N 86° 14’ 45” W, 522.8± feet to an angle point;
S 04° 00’ 15” W, 114.6± feet to a point, said point being the northeasterly corner of an Original 1.7875 acre tract of land conveyed to Gary W. Hughes, III and Brettney Hughes of record in Instrument Number 202405150047391;
Thence N 86° 14’ 45” W, along a southerly line of said Original 23.496 acre tract, along the northerly line of said Original 1.7875 acre tract, along the northerly line of an Original 1.00 acre tract of land conveyed to Derek K. Kindell and Alissa R. Kindell of record in Instrument Number 201708240117621 and along a portion of the northerly line of a 1.00 acre tract of land conveyed to Dayle D. Roof and Alene Roof of record in Instrument Number 201901260020329, 592.7± feet to a point;
Thence across said Original 23.496 acre tract, the following two (2) courses: N 03° 36’ 41” E, 286.5± feet to an angle point;
N 86° 14’ 45” W, 542.3± feet to a point in the westerly line of said Original 23.496 acre tract and the easterly line of said 13.085 acre tract;
Thence N 04° 14’ 45” E, along said common line, 294.0± feet to the True Point of Beginning. Containing 17.1± acres.
The above description is based on information obtained from the Franklin County Auditor's and Recorder's Office and information obtained from an actual field survey conducted in August of 2021.
The basis of bearings used for this exhibit are based on the NAD83 Ohio State Plane Coordinate System, South Zone (NSRS 2007) which determines the bearing for a portion of the centerline of Rathmell to be N86°23'19"W between Franklin County Geodetic Survey Monument No. 5554 and Franklin County Geodetic Survey Monument No. 5557 Reset.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
This exhibit is to be used for zoning purposes only and not for the transfer of land.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 21. Township 4, Range 22, Congress Lands and containing 5.6± acres of land, more or less, said 5.6± acre tract being part of the remainder piece of the Original 23.496 acre tract of land conveyed to the Churches of Christ in Christian Union of record in Official Record 33878E18, said 5.6± acres more particularly described as follows:
Beginning at the current southwesterly corner of said Original 23.496 acre site, being the northwesterly corner of a 0.386 acre tract of land conveyed to the City of Columbus, Ohio of record in Instrument Number 202210070141855, being the northeasterly corner of a 4.329 acre tract of land conveyed to the City of Columbus, Ohio of record in Official Record 12995J13, being the southeasterly corner of a 1.061 acre tract of land conveyed to the City of Columbus, Ohio of record in Instrument Number 202105170086759 and being in the northerly right-of-way line of Rathmell Road (R/W-Varies);
Thence N 04° 14’ 45” E, along the westerly line of said Original 23.496 acre tract, along the easterly line of said 1.061 acre tract and the easterly line of a 13.085 acre tract of land conveyed to The Orchard at Scioto Downs, LLC of record in Instrument Number 202209150132011, 523.0± feet to a point;
Thence across said Original 23.496 acre tract, the following two (2) courses:
S 86° 14’ 45” E, 542.3± feet to an angle point;
S 03° 36’ 41” W, 286.5± feet to a southerly line of said Original 23.496 acre tract and being in the northerly line of a 1.00 acre tract of land conveyed to Dayle D. Roof and Alene Roof of record in Instrument Number 201901260020329;
Thence N 86° 14’ 45” W, along said common line and along the northerly line of a 1.00 acre tract of land conveyed to Janet L. Bush of record in Instrument Number 202009160138704, 173.3± feet to a common corner of said Original 23.496 acre tract and said Bush tract;
Thence S 04° 00’ 15” W, along said common line, 235.6± feet to the current southeasterly corner of said Original 23.496 acre tract, being the northeasterly corner of said 0.386 acre tract and being in said northerly right-of-way line;
Thence N 86° 23’ 19” W, along the current southerly line of said Original 23.496 acre tract, the northerly line of said 0.386 acre tract and along said northerly right-of-way line, 373.2± feet to the True Point of Beginning. Containing 5.6± acres.
The above description is based on information obtained from the Franklin County Auditor's and Recorder's Office and information obtained from an actual field survey conducted in August of 2021.
The basis of bearings used for this exhibit are based on the NAD83 Ohio State Plane Coordinate System, South Zone (NSRS 2007) which determines the bearing for a portion of the centerline of Rathmell to be N86°23'19"W between Franklin County Geodetic Survey Monument No. 5554 and Franklin County Geodetic Survey Monument No. 5557 Reset.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
This exhibit is to be used for zoning purposes only and not for 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 L-ARLD, Limited Apartment Residential District, specified by Ordinance #3346-2025; Z25-051.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed apartment complex.
SECTION 4. That this ordinance is further conditioned on the dedication of 60 feet of right-of-way from the centerline of Rathmell Road prior to approval of a final site compliance plan for the proposed apartment complex, unless otherwise determined by the Department of Public Service in response to a request for an exception to this requirement.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.