Explanation
Council Variance Application: CV25-099
APPLICANT: Preferred Living c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #1136-2026; Z25-054) to the AR-1, Apartment Residential District for a multi-unit residential development on 3.91 acres known as Tract 1. The requested Council variance will allow reduced development standards for an 84-unit apartment complex located on Tract 1, and reduced lot sizes in the R, Rural District for Tract 2 and Tract 3 after a future lot split as shown on the submitted site plan. Tract 2, currently developed with a pole barn structure, is to remain under current ownership, and Tract 3, proposed for drainage basin expansion for existing and proposed apartment complex properties, is to be combined with the existing apartment complex property to the west. Variances are required because the proposed development and lot splits cannot meet all development standards of the AR-1, Apartment Residential District and R, Rural District. Staff finds the proposal consistent with the Rocky Fork-Blacklick Accord (2003) guidelines which include the delineation of street trees along Harlem Road and centralized open space as an organizing element of the proposed apartment complex.
Title
To grant a Variance from the provisions of Sections 3309.14(A), Height districts; 3312.21(D), Landscaping and screening; 3332.06; R-rural area district requirements; 3333.18, Building line; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 6955-6999 HARLEM RD. (43081), to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District, and reduced lot sizes in the R, Rural District(Council Variance #CV25-099).
Body
WHEREAS, by application #CV25-099, the owner of the property 6955-6999 HARLEM RD. (43081), requests a Council variance to allow reduced development standards in the AR-1, Apartment Residential District for an apartment complex, and reduced lot sizes in the R, Rural District; and
WHEREAS, Section 3309.14(A), Height districts, limits building height in a 35-foot height district to 35 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 39 feet in Tract 1; and
WHEREAS, Section 3312.21(D)(1)(B), Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes to reduce the width of parking lot screening to zero feet along the south property line of Tract 1; and
WHEREAS, Section 3332.06, R-rural area district requirements, requires that a principal building or other use shall be situated on a lot of no less than five acres, while the applicant proposes reduced lot areas of 1.428 acres for Tract 2 and 0.265 acres for Tract 3, as shown on the submitted site plan; and
WHEREAS, Section 3333.18, Building lines, requires a minimum building setback line of 40 feet along Harlem Road, while the applicant proposes a reduced building setback line of 25 feet in Tract 1; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards of zero feet along the south perimeter and 10 feet along the west perimeter in Tract 1, as shown on the submitted site plan; and
WHEREAS, City Departments recommend approval because the proposal includes site design elements that are consistent with the Rocky Fork-Blacklick Accord; 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 6955-6999 HARLEM RD. (43081), 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 3309.14(A), Height districts; 3312.21(D), Landscaping and screening; 3332.06; R-rural area district requirements; 3333.18, Building line; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 6955-6999 HARLEM RD. (43081), insofar as said sections prohibit an increased building height from 35 feet to 39 feet in Tract 1; no parking lot screening along the south property line of Tract 1; reduced lot areas from five acres to 1.428 acres for Tract 2 and to 0.265 acres for Tract 3; reduced building setback line from 40 feet to 25 feet along Harlem Road for Tract 1; and reduced perimeter yards from 25 feet to zero feet along the south perimeter and to 10 feet along the west perimeter; said property being more particularly described as follows:
6955-6999 HARLEM RD. (43081), being 5.6± acres located on the west side of Harlem Road, 880± feet north of Central College Road:
Tract 1:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 2, Township 2, Range 16, United States Military Lands and containing 3.911+/- acres, more or less, said 3.911+/- acres part of that 6.092 acre tract of land as conveyed to Norman D. Singer and Lois Singer of record in Instrument No. 202411060116885, said 3.911 more particularly described as follows;
Beginning, for Reference, at found Franklin County Geodetic Survey Monument No. 1375 (Aluminum Disk in Monument Box) at the northeasterly corner of said 6.092 acre tract, said corner also being the northeasterly corner of that 0.391 acre Highway Easement as conveyed to the County of Franklin of record in Deed Book 3699, Page 34 and in the centerline of Harlem Road (R/W Varies), said Monument also being located N 02° 36' 53" W, 1335.78’+/- from Franklin County Geodetic Survey Monument No. 1825 (Aluminum Disk in Monument Box) found at the centerline intersection of said Harlem Road (R/W Varies) and Central College Road (R/W Varies);
Thence N 85° 44' 05" W, with the northerly line of said 6.092 acre tract, the northerly line of said Highway Easement and across the right-of-way of said Harlem Road (R/W Varies), 50.36+/- feet to a point at the southeasterly corner of The Preserve at Rocky Fork Condominium 18th Amendment, Area 3 of record in Condominium Plat Book 302, page 889 and declared in Instrument No. 202303200026426;
Thence S 02° 36' 53" E, across said 6.092 acre tract, 133.54+/- feet to the True Point of Beginning;
Thence S 02° 36' 53" E, continuing across said 6.092 acre tract, 292.09+/- feet to a point in the southerly line of said 6.092 acre tract, said point also being the northwesterly corner of that 0.530 acre tract of land described as Parcel 1-WD as conveyed to the Franklin County Commissioners of record in Instrument No. 202402280020030 and the northeasterly corner of the remainder of that Original 5.068 acre tract of land as conveyed to Harlem Apartments LLC of record in Instrument No. 202402050011820;
Thence N 85° 27' 06" W, with the southerly line of said 6.092 acre tract and northerly line of said Original 5.068 acre tract, 605.36+/- feet to a point at a southwesterly corner of said 6.092 acre tract, also being a southeasterly corner of that 3.000 acre tract of land as conveyed to Harlem Apartments LLC of record in Instrument No. 202411060116883;
Thence N 04° 16' 47" E, with the common line of said 6.092 acre tract and said 3.000 acre tract,
289.81+/- feet to a point;
Thence S 85° 27' 06" E, across said 6.092 acre tract, 570.30+/- feet to the True Point of Beginning.
Containing 3.911+/- acres, more or less, with an acreage breakdown of the following:
P.I.D. 010-330400 1.091+/- Ac.
P.I.D. 010-278013 2.820+/- Ac.
Total 3.911+/- Ac.
Tract 2:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 2, Township 2, Range 16, United States Military Lands and containing 1.428+/- acres, more or less, said 1.428+/- acres part of that 6.092 acre tract of land as conveyed to Norman D. Singer and Lois Singer of record in Instrument No. 202411060116885, said 1.428 more particularly described as follows;
Beginning, for Reference, at found Franklin County Geodetic Survey Monument No. 1375 (Aluminum Disk in Monument Box) at the northeasterly corner of said 6.092 acre tract, said corner also being the northeasterly corner of that 0.391 acre Highway Easement as conveyed to the County of Franklin of record in Deed Book 3699, Page 34 and in the centerline of Harlem Road (R/W Varies), said Monument also being located N 02° 36' 53" W, 1335.78’+/- from Franklin County Geodetic Survey Monument No. 1825 (Aluminum Disk in Monument Box) found at the centerline intersection of said Harlem Road (R/W Varies) and Central College Road (R/W Varies);
Thence N 85° 44' 05" W, with the northerly line of said 6.092 acre tract, the northerly line of said Highway Easement and across the right-of-way of said Harlem Road (R/W Varies), 50.36+/- feet to a point at the southeasterly corner of The Preserve at Rocky Fork Condominium 18th Amendment, Area 3 of record in Condominium Plat Book 302, page 889 and declared in Instrument No. 202303200026426, the True Point of Beginning;
Thence across said 6.092 acre tract, the following three (3) courses and distances:
S 02° 36' 53" E, 133.54+/- feet to an angle point;
N 85° 27' 06" W, 481.37+/- feet to an angle point;
N 04° 15' 55" E, 130.20+/- feet to a point in the southerly line of The Preserve at Rocky Fork Condominium 14th Amendment, Area 4 of record in Condominium Plat Book 301, Page 907 and as declared in Instrument No. 202210210147576;
Thence S 85° 44' 05" E, with the northerly line of said 6.092 acre tract, the southerly line of said 14th Amendment, The Preserve at Rocky Fork Condominium 10th Amendment, Area 2 of record in Plat Book 301, Page 481 and declared in Instrument No. 202205020066947, The Preserve at Rocky Fork Condominium 12 Amendment, Area 3 of record in Plat Book 301, Page 791 and declared in Instrument No. 202208220120563, The Preserve at Rocky Fork Condominium 13th Amendment, Area 4 of record in Plat Book 301, Page 857 and declared in Instrument No. 202209280137656, The Preserve at Rocky Fork Condominium 14th Amendment, Area 3 of record in Plat Book 301, Page 907 and declared in Instrument No. 202210210147576, the southerly terminus of Niahway Street (50’) as dedicated in Plat Book 130, Page 93, the southerly line of The Preserve at Rocky Fork Condominium 18th Amendment, Area 3 of record in Plat Book 302, Page 889 and declared in Instrument No. 202303200026426, 465.37+/- feet to the True Point of Beginning. Containing 1.428 acres, more or less and being all out of P.I.D. 010-330400:
Tract 3:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 2, Township 2, Range 16, United States Military Lands and containing 0.265+/- acres, more or less, said 0.265+/- acres part of that
6.092 acre tract of land as conveyed to Norman D. Singer and Lois Singer of record in Instrument No. 202411060116885, said 0.265 more particularly described as follows;
Beginning, for Reference, at found Franklin County Geodetic Survey Monument No. 1375 (Aluminum Disk in Monument Box) at the northeasterly corner of said 6.092 acre tract, said corner also being the northeasterly corner of that 0.391 acre Highway Easement as conveyed to the County of Franklin of record in Deed Book 3699, Page 34 and in the centerline of Harlem Road (R/W Varies), said Monument also being located N 02° 36' 53" W, 1335.78’+/- from Franklin County Geodetic Survey Monument No. 1825 (Aluminum Disk in Monument Box) found at the centerline intersection of said Harlem Road (R/W Varies) and Central College Road (R/W Varies);
Thence N 85° 44' 05" W, with the northerly line of said 6.092 acre tract, along the northerly line of said 0.391 acre Highway Easement, across said Harlem Road, along the southerly line of The Preserve at Rocky Fork Condominium 18th Amendment, Area 3 of record in Plat Book 302, Page 889 and declared in Instrument No. 202303200026426, the southerly terminus of Niahway Street (50’) as dedicated in Plat Book 130, Page 93, the southerly line of The Preserve at Rocky Fork Condominium 14th Amendment, Area 3 of record in Plat Book 301, Page 907 and declared in Instrument No. 202210210147576, the southerly line of The Preserve at Rocky Fork Condominium 13th Amendment, Area 4 of record in Plat Book 301, Page 857 and declared in Instrument No. 202209280137656, the southerly line of The Preserve at Rocky Fork Condominium 12th Amendment, Area 3 of record in Plat Book 301, Page 791 and declared in Instrument No. 202208220120563, the southerly line of The Preserve at Rocky Fork Condominium 10th Amendment, Area 2 of record in Plat Book 301, Page 481 and declared in Instrument No. 202205020066947 and partially along the southerly line of The Preserve at Rocky Fork Condominium 14th Amendment, Area 4 of record in Plat Book 301, Page 907 and declared in Instrument No. 202210210147576, 515.73+/- feet to the True Point of Beginning;
Thence S 04° 15' 55" W, across said 6.092 acre tract, 130.20+/- feet to a point;
Thence N 85° 27' 06" W, across said 6.092 acre tract, 88.93+/- feet to a point in the westerly line of said 6.092 acre tract and in the easterly line of that 3.000 acre tract of land as conveyed to Harlem Apartments LLC of record in Instrument No. 202411060116883;
Thence N 04° 16' 47" E, with said common line, 129.76+/- feet to a common corner thereof, said corner also being in the southerly line of The Preserve at Rocky Fork Condominium 11th Amendment, Area 3 of record in Condominium Plat Book 301, Page 657 and as declared in Instrument No. 202206170090543;
Thence S 85° 44' 05" E, with the northerly line of said 6.092 acre tract, partially with the southerly line of said 11th Amendment, Area 3, the southerly line of The Preserve at Rocky Fork Condominium 12th Amendment, Area 4 of record in Plat Book 301, Page 791 and declared in Instrument No. 202208220120563 and partially with the southerly line of said 14th Amendment, Area 4, 88.89+/- feet to the True Point of Beginning. Containing 0.265+/- acres, more or less, and being all out of P.I.D. 010-330400.
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-1, Apartment Residential District (Tract 1) and in the R, Rural District (Tracts 2 and 3).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plans titled, “DEVELOPMENT PLAN - EXPANSION,” and “ILLUSTRATIVE SITE PLAN,” and building elevations titled, “EXTERIOR ELEVATIONS SHEETS A2.1 & A2.2,” all dated April 2, 2026, 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:
Off-site pedestrian infrastructure shall be provided along the west side of Harlem Road to connect the Site and the existing pedestrian infrastructure approximately 125 feet north of the site unless otherwise determined by the Department of Public Service pursuant to CCC 4309.08(D).
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.