Explanation
Council Variance Application: CV24-093
APPLICANT: Lincoln Avenue Communities; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260
New Albany, Ohio 43054.
PROPOSED USE: Multiple dwelling development.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 44.45± acre site consists of three undeveloped parcels in the CAC, Community Activity Center District. Because the applicant filed a site compliance plan prior to the effective date of the CAC district, the project is being considered under the former R, Rural District. Staff supports the project being reviewed under the former district because it had been designed well before the CAC district design standards had been made available to the general public. The applicant proposes a multiple dwelling development consisting of single-unit and two-unit dwellings, totaling 321 units. The variance is necessary because a multiple dwelling development is only allowed in the R-4 Residential District, or in apartment residential districts in the Title 33 Zoning Code. A variance to lot area is also included as the R district requires five acres per dwelling unit. The site is within the planning boundaries of the Scioto Southland Area Plan (2007), which recommends “Commercial” and “Multi-family” (12-16 units per acre) land uses at this location. Staff notes that the proposed development is consistent with these recommended uses. Staff also notes that the committed-to site plan reflects supplemental landscaped screening of the southern building setback area, internal landscaping, and a proposed eight foot wide pathway activating the western portion of the site, consistent with design recommendations of the Scioto Southland Area Plan and with the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The project will also provide more housing, consistent with the City’s objectives.
Title
To grant a Variance from the provisions of Sections 3332.02, R, Rural District; and 3332.06, R-rural area district requirements of the Columbus City codes; for the property located at 4086 S. HIGH ST. (43207), to allow for multiple dwelling development with reduced lot area in the R, Rural District (Council Variance # CV24-093).
Body
WHEREAS, by application # CV24-093, the owner of the property at 4086 S. HIGH ST. (43207), is requesting variances to allow a multiple dwelling development with reduced lot area in the R, Rural District; and
WHEREAS, Section 3332.02, R, Rural District, allows only single-unit dwellings, while the applicant proposes a multiple dwelling development with single-unit and two unit dwellings totaling 321 units; and
WHEREAS, Section 3332.06 R-rural area district requirements, requires that a principal building shall be situated on a lot of no less than five acres in area, while the applicant proposes to develop 321 dwelling units on a single 44.45± acre lot; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed development is consistent with the uses recommended in the Scioto Southland Area Plan, and the revised site plan incorporates design recommendations of this Plan and C2P2. The project will also provide more housing, consistent with the City’s objectives; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; 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 4086 S. HIGH ST. (43207), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.02, R, Rural District; and 3332.06, R-rural area district requirements of the Columbus City codes; be hereby granted for the property located at 4086 S. HIGH ST. (43207), insofar as said sections prohibit a multiple dwelling development including accessory residential amenities in the R, Rural District, with less than five acres provided per dwelling unit; said property being more particularly described as follows:
4086 S. HIGH ST. (43207), being 44.45± acres located on the east side of South High Street, abutting I-270 to the south, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio, and in the Township of Clinton and bounded and described as follows:
PARCEL 1:
SITUATED IN THE TOWNSHIP OF HAMILTON, COUNTY OF FRANKLIN AND STATE OF OHIO, AND BOUNDED
AND DESCRIBED AS FOLLOWS:
AND KNOWN AS BEING A PART OF SECTION 21, TOWNSHIP 4, RANGE 22, MATHEWS SURVEY; CONGRESS
LANDS AND BEING A PART OF THE SAME PREMISES CONVEYED TO EDWIN & SYLVIA M. EASTERDAY AS
SHOWN OF RECORD IN DEED BOOK 1493, PAGE 76, FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE IN THE NORTHERLY LINE OF I-270, SAID IRON PIPE BEING LOCATED 150.16 FEET
LEFT OF STATION 526 + 05.78 IN THE CENTERLINE OF A SURVEY RECORDED AS FRA-200-9.46 AND ON FILE AT
OHIO DEPARTMENT OF TRANSPORTATION, DIVISION 6, DELAWARE, OHIO AND ALSO BEING THE SOUTHWEST
CORNER OF THE JACQUELYN & HERBERT DEBUS TRACT AS SHOWN OF RECORD IN DEED BOOK 1612, PAGE
291, RECORDER'S OFFICE;
THENCE ALONG THE NORTHERLY LINE OF I-270 AND THE EASTERLY LINE OF U.S. 23 THE FOLLOWING TEN (10) COURSES AND DISTANCES:
1.NORTH 84 DEG. 39' 19" WEST, A DISTANCE OF 403.00 FEET TO AN IRON PIPE;
2.NORTH 81 DEG. 22' 03" WEST, A DISTANCE OF 394.55 FEET TO AN IRON PIPE;
3. NORTH 79 DEG. 21' 44" WEST, A DISTANCE OF 393.86 FEET TO AN IRON PIPE;
4. NORTH 71 DEG. 30' 17" WEST, A DISTANCE OF 396.58 FEET TO AN IRON PIPE;
5. NORTH 58 DEG. 45' 15" WEST, A DISTANCE OF 416.93 FEET TO AN IRON PIPE;
6. NORTH 42 DEG. 17' 01" WEST, A DISTANCE OF 203.62 FEET TO AN IRON PIPE;
7. NORTH 48 DEG. 34' 47" WEST, A DISTANCE OF 190.38 FEET TO AN IRON PIPE;
8. NORTH 18 DEG. 05' 31" WEST, A DISTANCE OF 171.55 FEET TO AN IRON PIPE;
9. NORTH 25 DEG. 46' 41" WEST, A DISTANCE OF 50.48 FEET TO AN IRON PIPE;
10. NORTH 00 DEG. 27' 25" WEST, A DISTANCE OF 150.36 FEET TO AN EXISTING IRON PIPE IN THENORTHERLY LINE OF SECTION 21 AND ALSO BEING IN THE SOUTHERLY LINE OF THE JOE M. SKAGGS TRACT
AS SHOWN OF RECORD IN OFFICIAL RECORD 3403I05;
THEN SOUTH 85 DEG. 33' 57" EAST ALONG THE NORTHERLY LINE OF SECTION 21 AND THE SOUTHERLY LINEOF THE ABOVE SAID TRACT AND THE SOUTHERLY LINE OF THE SOUTHERN DEVELOPMENT COMPANY TRACT
AS SHOWN OF RECORD IN DEED BOOK 2001, PAGE 31, A DISTANCE OF 2333.48 FEET TO AN EXISTING STONE(PASSING AN EXISTING IRON PIPE AT 281.76 FEET AND AGAIN AT
424.44 FEET);
THENCE SOUTH 03 DEG. 39' 19" WEST ALONG THE WESTERLY LINE OF THE ABOVE SAID TRACT AND THEWESTERLY LINE OF THE JACQUELYN & HERBERT DEBUS TRACT; A DISTANCE OF 968.57 FEET TO THE PLACEOF BEGINNING (PASSING AN EXISTING IRON PIPE AT 260.09 FEET), CONTAINING 42.746 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
FOR INFORMATION ONLY: SAID PREMISES ARE DESCRIBED AS 4086 SOUTH HIGH STREET, COLUMBUS,OH 43207 AND DESIGNATED AS TAX IDENTIFICATION NO. 495-280840-00 ON THE TAX MAP OFFRANKLIN COUNTY, OH.
PARCEL 2:
SITUATED IN THE TOWNSHIP OF HAMILTON, COUNTY OF FRANKLIN AND STATE OF OHIO, AND BOUNDEDAND DESCRIBED AS FOLLOWS:
AND KNOWN AS BEING SECTION 16, TOWNSHIP 4, RANGE 22, MATTHEWS SURVEY, AND BEING PART OF A0.844 ACRE TRACT AND PART OF A 67.45 ACRE TRACT, DEEDED TO RAY C. HOOVER, IN DEED BOOK 2008, PAGE 456, AND DEED BOOK 1211, PAGE 385, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN THE SOUTHERLY LINE OF SAID 0.844 ACRE TRACT AND IN THE SOUTHERLY LINEOF SAID SECTION 16, AND IN THE NORTHERLY LINE OF E.W. EASTERDAY 74 ACRE TRACT, (DEED BOOK 1493,PAGE 76), AND AT THE SOUTHEASTERLY CORNER OF THE STATE OF OHIO 0.058 ACRE TRACT, PARCEL III-A-WL,(DEED BOOK 2456, PAGE 334), AND IN THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. ROUTE23, (THE RIGHT-OF-WAY OF SAID U.S. ROUTE 23 IS SHOWN ON SHEET 263 OF RIGHT-OF-WAY PLANFRA-200-946, STATE OF OHIO HIGHWAY DEPARTMENT, DIVISION 6, DELAWARE, OHIO);
THENCE ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF SAID U.S. ROUTE 23, AND ACROSSSAID 0.844 ACRE TRACT, AND ALONG THE EASTERLY LINE OF SAID 0.058 ACRE TRACT, NORTH 5 DEG. 56' 50"EAST, A DISTANCE OF 120.92 FEET TO AN IRON PIN IN THE NORTHERLY LINE OF SAID 0.844 ACRE TRACT ANDAT THE NORTHEASTERLY CORNER OF SAID 0.058 ACRE TRACT, AND AT THE SOUTHEASTERLY CORNER OF THESTATE OF OHIO 0.025 ACRE TRACT, PARCEL III-B-WL, (DEED BOOK 2450, PAGE 255), AND IN THE SOUTHERLYLINE OF THE B.J. RICHENDOLLAR 0.790 ACRE TRACT, (DEED BOOK 2181, PAGE 428);
THENCE ALONG THE NORTHERLY LINE OF SAID 0.844 ACRE TRACT, AND ALONG THE SOUTHERLY LINE OF SAID0.790 ACRE TRACT, SOUTH 86 DEG. 25' 10" EAST, PASSING AN IRON PIN ON LINE IN THE EASTERLYRIGHT-OF-WAY LINE OF A SERVICE ROAD AT 54.44 FEET, A TOTAL DISTANCE OF 283.34 FEET TO AN IRON PINAT THE NORTHEASTERLY CORNER OF SAID 0.844 ACRE TRACT, AND AT THE SOUTHEASTERLY CORNER OF SAID0.790 ACRE TRACT;
THENCE ALONG THE EASTERLY LINE OF SAID 0.790 ACRE TRACT, NORTH 6 DEG. 42' 50" EAST, A DISTANCE OF121.0 FEET TO A POINT AT THE NORTHEASTERLY CORNER OF SAID 0.790 ACRE TRACT;
THENCE ALONG THE NORTHERLY LINE OF SAID 0.790 ACRE TRACT, NORTH 86 DEG. 25' 10" WEST, PASSINGAN IRON PIN ON LINE IN THE RIGHT-OF-WAY OF A SERVICE ROAD AT 211.97 FEET A TOTAL DISTANCE OF265.38 FEET TO IRON PIN AT THE NORTHEASTERLY CORNER OF SAID 0.025 ACRE TRACT, AND AT THESOUTHEASTERLY CORNER OF THE STATE OF OHIO 0.003 ACRE TRACT, PARCEL III-A- 1-WL, (DEED BOOK 2456, PAGE 334), AND IN THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF SAID U.S. ROUTE 23;
THENCE NORTH 17 DEG. 19' 30" EAST, ALONG THE EASTERLY LINE OF SAID 0.003 ACRES TRACT, AND ALONGTHE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF SAID U.S. ROUTE 23, A DISTANCE OF 16.53 FEET TO ANIRON PIN IN A SOUTHERLY LINE OF THE SOUTHERN DEVELOPMENT CO. 42.795 ACRE TRACT, (DEED BOOK 2001PAGE 31);
THENCE ALONG A SOUTHERLY LINE OF SAID 42.795 ACRE TRACT, SOUTH 86 DEG. 28' 10" EAST, PASSING ANIRON PIN ON LINE IN THE EASTERLY RIGHT-OF-WAY LINE OF A SERVICE ROAD, AT 53.27 FEET, A TOTALDISTANCE OF 393.37 FEET TO AN IRON PIN AT A CORNER OF SAID 42.795 ACRE TRACT;
THENCE ALONG A WESTERLY LINE OF SAID 42.795 ACRE TRACT, SOUTH 4 DEG. 06' 50" WEST, A DISTANCE OF258.05 FEET TO AN IRON PIN AT A SOUTHWESTERLY CORNER OF SAID 42.795 ACRE TRACT, AND IN THESOUTHERLY LINE OF SAID SECTION 16, AND ALONG THE NORTHERLY LINE OF SAID 74 ACRE TRACT, NORTH 86DEG. 25' 10" WEST, PASSING AN IRON PIN ON LINE AT THE SOUTHEASTERLY CORNER OF SAID 0.844 ACRETRACT AT 142.74 FEET, PASSING AN IRON PIN ON LINE IN THE EASTERLY RIGHT-OF- WAY LINE OF A SERVICEROAD AT 378.24 FEET, A TOTAL DISTANCE OF 424.46 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.692ACRES, SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS AND RESTRICTIONS AND LEASES ANDAGREEMENTS OF RECORD AND OF PUBLIC RECORDS IN UTILITY OFFICES.
FOR INFORMATION ONLY: SAID PREMISES ARE DESCRIBED AS 4080 SOUTH HIGH STREET, COLUMBUS, OH43207 AND DESIGNATED AS TAX IDENTIFICATION NOS. 495-280842-00 AND 495-280841-00 ON THE TAX MAPOF FRANKLIN COUNTY, OH.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with multiple dwelling development with up to 321 units.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled, “ZONING PLAN,” “LANDSCAPE PLAN,” and elevations titled, “CLUBHOUSE,” “DUPLEX PLANS 1-3,” and “SINGLE-FAMILY PLANS 2, 3, 4, and 5,” all dated November 6, 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:
1. The applicant shall construct a 135 foot westbound left turn lane (inclusive of a 60 foot diverging taper) and a 215 foot eastbound right turn lane (inclusive of a 50 foot diverging taper) at the intersection of Obetz Road and Southpoint Boulevard, unless otherwise determined by the Department of Public Service.
2. The applicant shall construct sidewalk to connect between the site and Obetz Road, unless otherwise determined by the Department of Public Service pursuant to CCC 4309.08(D).
3. The applicant will dedicate land on the western portion of the site to fulfill Parkland Dedication Ordinance requirements. Said dedication area shall be finalized during site compliance review.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.