Explanation
Council Variance Application: CV24-135
APPLICANT: Maronda Homes, LLC of Ohio; c/o Rebecca J. Mott, Atty.; Plank Law Firm; 411 East Town Street, Floor 2; Columbus, OH 43215
PROPOSED USE: Multi-unit residential development.
WESTLAND AREA COMMISSION RECOMMENDATION: Approval.
BIG DARBY ACCORD ADVISORY PANEL RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning to the AR-12, Apartment Residential District (ORD #1174-2025; Z24-036) for a multi-unit residential development. The requested Council variance proposes a 115-unit townhouse development with a variance to allow townhouse units to front upon private streets. Staff supports the variance request as the proposed site and landscaping plans incorporate the conditions requested by the Big Darby Accord Advisory Panel that include natural open space featuring native tree species, dedicated areas for wetlands and a nature trail, and landscaping. These inclusions are consistent with the recommendations of the Big Darby Accord Advisory Panel recommendations.
Title
To grant a Variance from the provisions of Section 3333.41(H) Standards, of the Columbus City Codes; for the property located at 1175 GALLOWAY RD. (43119) to allow lots to front upon private streets for a townhouse development in the AR-12, Apartment Residential District (Council Variance #CV24-135).
Body
WHEREAS, by application #CV24-135, the owner of property at 1175 GALLOWAY RD. (43119) is requesting a Council variance to allow lots to front upon private streets for a townhouse development in the AR-12, Apartment Residential District; and
WHEREAS, Section 3333.41(H), Standards, requires that each lot in a townhouse development front on a dedicated public street, while the applicant proposes all lots front upon private streets, as shown on the submitted site plan; and
WHEREAS, the Westland Area Commission recommends approval; and
WHEREAS, the Big Darby Accord Advisory Panel recommends disapproval because conditions for approval were not fully met; and
WHEREAS, the City Departments recommend approval because the proposed development includes the conditions requested by the Big Darby Accord Advisory Panel for natural open spaces, wetlands, a nature trail, native tree species, and landscaping; 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 1175 GALLOWAY RD. (43119), 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 Section 3333.41(H), Standards, of the Columbus City Codes, is hereby granted for the property located at 1175 GALLOWAY RD. (43119), insofar as said section prohibits lots in a townhouse development from fronting on private streets; said property being more particularly described as follows:
1175 GALLOWAY RD. (43119), being 22.3± acres located on the west side of Galloway Road 130± feet south of Greenhaven Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Number 1473 and being all of that 22.30 acre tract of land as conveyed to Anaya Communities LLC, of record in Instrument Number 201812140169325, all deed references are on record at the Recorder’s Office of Franklin County, Ohio and described as follows:
BEGINNING at the northwesterly corner of said 22.30 acre tract and being the southwesterly corner of Reserve “B” of a subdivision entitled “Great Oak Section 1”, of record in Plat Book 109, Page 50;
Thence South 86°31’39” East with the southerly line of said “Great Oak Section 1”, a distance of 1613.03 feet to a point in the centerline of Galloway Road (C.R. 141) (variable width right of way);
Thence South 3°20’09” West, with said centerline, a distance of 594.21 feet to a point;
Thence North 86°18’17” West, through the right of way of said Galloway Road and with the northerly line of a 111.733 acre tract of land as conveyed to The Board of Trustees Prairie Township (Franklin County), of record in Instrument Number 201304080056970, a distance of 1606.23 feet to a point;
Thence North 2°40’15” East, with an easterly line of said 111.733 acre tract and with the easterly line of a 24.1772 acre tract of land as conveyed to S. Shawn Schlosser & Nicole A. Schlosser, of record in Instrument Number 201303220048212, a distance of 588.02 feet to the POINT OF BEGINNING and containing 21.841+/- acres of land, more or less.
This description was prepared from existing records for zoning purposes and is not intended for deed transfer purposes.
Address: 1175 Galloway Road, Columbus, OH 43119
Parcel No’s.: 246-326963
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 allowed in the AR-12, 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, "ZONING SITE PLAN," and landscaping plan titled “ZONING LANDSCAPE PLAN,” both signed by Rebecca Mott, Attorney for the Applicant, and dated April 18, 2025. 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 applicant implementing the following recommendations from the Big Darby Accord Advisory Panel:
1) The proposal shall implement a permeable footpath/trail that encircles the larger proposed 1.99-acre stormwater management basin on the western portion of the site.
2) The applicant shall continue to work with City staff to confirm the details of Tax Increment Financing, New Community Authority, and Developer Contributions.
3) The applicant shall make efforts to include pergolas or extended porches where practical on residential units to create more pedestrian-oriented frontages.
4) The applicant shall make efforts to include permeable walkways and driveways in lieu of asphalt and reduced roadway widths (in consultation with the City Department of Public Service) with rain gardens/swales.
5) Garage door treatments with variations of colors and/or windows shall be utilized to reduce the visual impact of the door to create more pedestrian-oriented frontage.
6) A diversity of native trees are to be planted in lieu of non-native trees, especially in open space improvement areas.
7) Street trees shall be planted fronting residential units where practical.
8) Wetland shelves shall be implemented for the proposed stormwater basins.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.