Explanation
Council Variance Application: CV23-050A
APPLICANT: Metro Development, LLC; c/o Jeffery L. Brown, Atty.; Smith and Hale, LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: 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 #0474-2025; Z23-032A) to the L-AR-1, Limited Apartment Residential District. Ordinance #0127-2025, passed January 27, 2025 (CV23-050), allowed a 504-unit apartment complex on the majority of the subject site (22.30± acres) with an increased detached garage building height from 15 to 16 feet. The balance of the site, 3.50± acres located directly south of the original site, was proposed to be included in that ordinance, but annexation was delayed, and the ordinance was approved with that portion of the site omitted. This requested Council variance encompasses the entire 25.80± acre-site. The variance is supported because the increase in garage height is consistent with similar requests granted for apartment complex developments to allow a roof pitch on detached garage buildings that better matches the proposed apartment buildings.
Title
To grant a Variance from the provisions of Section 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 5656 BIXBY RD. (43110), to allow increased garage height in the L-AR-1, Limited Apartment Residential District and to declare an emergency (Council Variance #CV23-050A).
Body
WHEREAS, by application #CV23-050A, the owner of property at 5656 BIXBY RD. (43110), is requesting a Council variance to allow increased garage height in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of private detached garages to 15 feet, while the applicant proposes to increase the allowable height to 16 feet; and
WHEREAS, the City Departments recommend approval because the request is consistent with similar requests granted for apartment complex developments to allow a roof pitch on detached garage buildings that better matches the proposed apartment buildings; 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 5656 BIXBY RD. (43110), in using said property as desired; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need for an annexation, for a portion of this delayed the applicant from starting this development. The applicant is requesting that this ordinance be passed as an emergency so that the applicant can begin construction on more than 500 affordable housing units as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3333.35(G), Private garage, of the Columbus City Codes, is hereby granted for the property located at 5656 BIXBY RD. (43110), insofar as said section prohibits an increase in detached private garage height from 15 feet to 16 feet; said property being more particularly described as follows:
5656 BIXBY RD. (43110), 25.80± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 25.8+/- acres of land, more or less, said 25.8+/- acres being part of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019, all of a 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being part of a tract of land described a Parcel 54-WD as shown on FRA-33-(26.21-30.13), said 25.8+/- acres more particularly described as follows:
Beginning for Reference, at the southwesterly corner of Section 14, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15 and being in the right-of-way Bixby Road and U.S. Rt. 33 (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13);
Thence N 04° 24’ 22” E, along the westerly line of said Section 14, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7 feet+/- to a point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southwesterly corner of said 22.285 acre tract and being at a southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, the True Point of Beginning;
Thence along the common lines of said 22.285 acre tract and said Original 106.059 acre tract, the following two (2) courses;
N 04° 24’ 22” E, 725.3 feet+/- to an angle point;
S 85° 35’ 38” E, 1308.0 feet+/- to an angle point at a common corner thereof and being in the westerly line of a 43.318 acre tract of land described as Parcel 2 and conveyed to Cobelton Bachman, LLC of record in Instrument Number 200303050066174;
Thence S 04° 24’ 22” W, along the easterly line of said 22.285 acre tract and said Parcel 54-WD and along the westerly line of said Parcel 2 and a tract of land described as Parcel 62-A as shown on the O.D.O.T. plans FRA-33-(26.21-30.13), 1016.8 feet+/- to an angle point;
Thence across said Parcel 54-WD and said Original 33.32 acre tract and along the common line of said 22.285 acre tract and said Parcel 54-WD, the following six (6) courses;
N 86° 11’ 32” W, 454.3 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7 feet+/- to a point;
S 70° 37’ 50” W, 81.1 feet+/- to an angle point;
S 85° 43’ 43” W, 385.7 feet+/- to an angle point;
N 43° 29’ 05” W, 66.6 feet+/- to the True Point of Beginning. Containing 25.8+/- acres.
The above description was prepared by Advanced Civil Design Inc. on December 12, 2023 and is based on information obtained from the Franklin County Auditor’s and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
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 L-AR-1, Limited Apartment Residential District, specified by Ordinance #0474-2025; Z23-032A.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 4. That this ordinance is contingent upon City Council passage of Ordinance #0465-2025 (AN24-009) which proposes annexation of the 3.50± acre tract included in the subject site.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.