Explanation
Council Variance Application: CV23-102
APPLICANT: Ebright Road Chapter 2 LLC, c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: 186-unit apartment complex.
GREATER SOUTH EAST 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 #0059-2024; Z23-056) to the ARLD, Apartment Residential District for a multi-unit residential development. The proposed development is an apartment complex comprised of 186 units. The requested Council variance will conform the existing monopole telecommunications antenna and will also allow a reduced perimeter yard for the apartment complex. The reduced perimeter yard is consistent with the existing multi-unit residential development to the south of the site and with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2019).
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5071 EBRIGHT RD. (43110), to allow an existing monopole telecommunications antenna and a reduced perimeter yard for an apartment complex in the ARLD, Apartment Residential District (Council Variance #CV23-102).
Body
WHEREAS, by application #CV23-102, the owner of the property 5071 EBRIGHT RD. (43110), requests a Council variance to allow an existing monopole telecommunications antenna and a reduced perimeter yard for an apartment complex in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits a monopole telecommunications antenna, while the applicant proposes to maintain the existing monopole telecommunication antenna and related equipment, as demonstrated on the submitted site plan; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards of 10 feet along the south perimeter for buildings, to zero feet along the south perimeter for parking areas, and to zero feet along the north perimeter for drive aisles, as demonstrated on the submitted site plan; and
WHEREAS, the Greater South East Area Commission recommends approval of said zoning change;
WHEREAS, City Departments recommend approval because the reduced perimeter yard is consistent with adjacent multi-unit residential development and C2P2 design guidelines, while also conforming the existing monopole telecommunications antenna; and
WHEREAS, this 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 5071 EBRIGHT 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 is hereby granted from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard; of the Columbus City Codes; for the property located at 5071 EBRIGHT RD. (43110), insofar as said section prohibits a monopole telecommunications antenna in the ARLD, Apartment Residential District, and a reduced perimeter yard from 25 feet to 10 feet along the south perimeter for buildings, zero feet along the south perimeter for parking areas, and zero feet along the north perimeter for drive aisles; said property being more particularly described as follows:
5071 EBRIGHT RD. (43110), being 10.97± acres located on the west side of Ebright Road, 3,000± feet south of Winchester Pike:
TRACT 1
DESCRIPTION OF 1.463 ACRES
Situated in the State of Ohio, County of Franklin, Township of Madison, being located in the Northwest Quarter on Section 15, Township 11, Range 21, Congress Lands East of the Scioto River, and being part of that 1.712 acre tract described in deeds to Paul D. Adkins, of record in Instrument Number 202111080203796 and Instrument Number 202111080203737, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows;
BEGINNING at a point on the existing west right-of-way line for Ebright Road, said point being the southwest corner of that Highway Easement described as Parcel 48 in a deed to State of Ohio, of record in Deed Book 2370, Page 469, being the northwest corner of that Highway Easement described as Parcel 44 in a deed to State of Ohio, of record in Deed Book 2370, Page 547, being on the existing corporation line for City of Columbus, being on the south line of said 1.712 acre tract, and being on the north line of that 16.237 acre tract described in a deed to Ebright Road Parent LLC, of record in Instrument Number 202304060032720;
Thence North 85 degrees 44 minutes 46 seconds West, with the existing corporation line for City of Columbus, with the south line of said 1.712 acre tract and with the north line of said 16.237 acre tract, a distance of 346.15 feet to the southwest corner of said 1.712 acre tract, being a northeast corner of said 16.237 acre tract;
Thence North 04 degrees 23 minutes 04 seconds East, with the existing corporation line for City of Columbus, with the west line of said 1.712 acre tract and with an east line of said 16.237 acre tract, a distance of 185.94 feet to the northwest corner of said 1.712 acre tract, being a northeast corner of said 16.237 acre tract, and being on the south line of that 4.954 acre tract described in a deed to William L. Lutz and Angela G. Lutz, of record in Instrument Number 201301090004938;
Thence South 86 degrees 00 minutes 56 seconds East, with the north line of said 1.712 acre tract and with the south line of said 4.954 acre tract, a distance of 336.51 feet to a point on the existing west right-of-way line for Ebright Road, said point being the northwest corner of said Parcel 48, being the southwest corner of that Highway Easement described as Parcel 47 in a deed to State of Ohio, of record in Deed Book 2370, Page 101, and being on the existing corporation line for City of Columbus;
Thence South 03 degrees 22 minutes 40 seconds West, with the existing corporation line for City of Columbus, with the existing west right-of-way line for said Ebright Road, with the west line of said Parcel 48 and through said 1.712 acre tract, a distance of 1.26 feet to a point;
Thence South 01 degree 25 minutes 36 second West, continuing with the existing corporation line for City of Columbus, continuing with the existing west right-of-way line for Ebright Road, continuing with the west line of said Parcel 48 and continuing through said 1.712 acre tract, a distance of 186.48 feet to the POINT OF BEGINNING for this description.
The above description contains 1.463 acres within Franklin County Auditor’s Parcel Number 180-000859.
Bearings described hereon are based on North 49 degrees 26 minutes 29 seconds West for the centerline of right of way for U.S. Route 33, as measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
The above description was prepared by Michael J. Ward, Registered Professional Surveyor Number 8808, and is based on an actual field survey of the premises performed by American Structurepoint, Inc., and is true and correct to the best of knowledge and belief.
TRACT 2
DESCRIPTION OF 9.504 ACRES
Situated in the State of Ohio, County of Franklin, Township of Madison, being located in the Northwest Quarter on Section 15, Township 11, Range 21, Congress Lands East of the Scioto River, being part of that 4.954 acre tract described in a deed to William R. Lutz and Angela G. Lutz, of record in Instrument Number 201301090004938, and being part of that 5.046 acre tract described in a deed to Judith A. Johnson and Robert C. Johnson, of record in Instrument Number 201305080076169, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows;
BEGINNING at a point on the existing west right-of-way line for Ebright Road, said point being the southwest corner of that Highway Easement described as Parcel 47 in a deed to State of Ohio, of record in Deed Book 2370, Page 101, being the northwest corner of that Highway Easement described as Parcel 48 in a deed to State of Ohio, of record in Deed Book 2370, Page 469, being on the existing corporation line for City of Columbus, being on the south line of said 4.954 acre tract, and being on the north line of that 1.712 acre tract described in deeds to Paul D. Adkins, of record in Instrument Number 202111080203796 and Instrument Number 202111080203737;
Thence North 86 degrees 00 minutes 56 seconds West, with the south line of said 4.954 acre tract, with the north line of said 1.712 acre tract, with the north line of that 16.237 acre tract described in a deed to Ebright Road Parent LLC, of record in Instrument Number 202304060032720, and with the existing corporation line for City of Columbus, a distance of 1,296.11 feet to the southwest corner of said 4.954 acre tract, being a northeast corner of said 16.237 acre tract, and being on the existing corporation line for City of Columbus;
Thence North 04 degrees 46 minutes 01 seconds East, with the existing corporation line for City of Columbus, with the west line of said 4.954 acre tract, with the west line of said 5.406 acre tract and with an east line of said 16.237 acre tract, a distance of 317.84 feet to the northwest corner of said 5.046 acre tract, being the southwest corner of that 18 acre tract described in a deed to Paula S. Smith, of record in Official Record 15988, Page 118;
Thence South 86 degrees 07 minutes 19 seconds East, with the north line of said 5.046 acre tract, with the south line of said 18 acre tract, and with the south line of that 5.003 acre tract described in a deed to Jodie Sue Conrad and Brent E. Conrad, of record in Official Record 34394, Page G15, a distance of 1,327.25 feet to a point on the existing west right-of-way line for Ebright Road, said point being the northwest corner of said Parcel 47 and being on the existing corporation line for City of Columbus;
Thence South 26 degrees 21 minutes 36 seconds West, with the existing corporation line for City of Columbus, with the existing west right-of-way line for Ebright Road, with the west line of said Parcel 47 and through said 5.046 acre tract, a distance of 99.54 feet to a point;
Thence South 03 degrees 22 minutes 40 seconds West, continuing with the existing corporation line for City of Columbus, continuing with the existing west right-of-way line for Ebright Road, continuing with the west line of said Parcel 47, continuing through said 5.046 acre tract, and through said 4.954 acre tract, a distance of 228.24 feet to the POINT OF BEGINNING for this description.
The above description contains a total of 9.504 acres of which:
4.787 acres is located within Franklin County Auditor’s Parcel Number 180-000002,
4.717 acres is located within Franklin County Auditor’s Parcel Number 180-005101.
Bearings described hereon are based on North 49 degrees 26 minutes 29 seconds West for the centerline of right of way for U.S. Route 33, as measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a monopole telecommunications antenna, or those uses allowed 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 site plan titled, "PROPOSED SITE PLAN: PHASE 2,” and building elevations titled, “EBRIGHT ROAD APARTMENTS SHEETS 2-5,” all dated January 3, 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 adjustments to the plans shall be subject to review and approval by the Director of the Department 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 upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed apartment complex.
SECTION 5. That this ordinance is further conditioned on the following traffic-related commitment: A 235 feet long northbound left turn lane, inclusive of a 60 feet diverging taper, will be required to be constructed at the proposed site access point to Ebright Road 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.