Explanation
Council Variance Application: CV26-040
APPLICANT: Dominium; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120, New Albany, OH 43054.
PROPOSED USE: Apartment Complex.
NORTHEAST 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 #2915-2026; Z26-040) to the AR-1, Apartment Residential District. The requested Council variance proposes a 318-unit apartment complex with increased building height, reduced building setback line along North Cassady Avenue, a bus shelter encroaching within the building setback line, and reduced perimeter yard. Staff supports the requested variance as the proposed building height, high level of landscaping and screening, and connection to trails and transit included in the project are consistent with the Columbus Growth Strategy’s (CGS) (2026) design guidelines for the Mixed Use 2 land use recommendation at this location, and the site is constrained due to flood plain along the western boundary of the site. Staff notes that the proposed building placement and design enable a trail connection to the Alum Creek greenway, and the proposed bus shelter along the site frontage supports transit access and creates a pedestrian-friendly streetscape.
Title
To grant a Variance from the provisions of Sections 3309.14, Height districts; 3333.18, Building lines; 3333.255, Perimeter yard; and 3333.26, Height district, of the Columbus City Codes; for the property located at 2125 ACKLEY PL. (43219), to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV26-040).
Body
WHEREAS, by application #CV26-040, the owner of property at 2125 ACKLEY PL. (43219), is requesting a Council variance to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3309.14, Height districts, requires that within a 35 foot height district, no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes increased building heights of 38 feet; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of no less than 50 feet along North Cassady Avenue, while the applicant proposes a reduced building setback line of 25 feet, and a bus shelter encroaching within that building setback line; 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 property line, and 15 feet along the southeast property line; and
WHEREAS, Section 3333.26, Height district, requires a building height of 35 feet in the H-35 district, while the applicant proposes a building height of 38 feet; and
WHEREAS, the Northeast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances will allow an apartment complex that is consistent with the Columbus Growth Strategy’s (CGS) design guideline recommendations including pedestrian facilities with a trail connection and bus shelter. The request is also consistent with the City’s objective in providing more housing in all areas of the city, and a constraint with floodplain along the western side of the site is a factor for supporting the reduced building setback line and perimeter yard; 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 2125 ACKLEY PL. (43219), 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 Sections 3309.14, Height districts; 3333.18, Building lines; 3333.255, Perimeter yard; and 3333.26, Height district, of the Columbus City Codes, is hereby granted for the property located at 2125 ACKLEY PL. (43219), insofar as said sections prohibit increased building height of 38 feet, with a reduced building setback line from 50 feet to 25 feet along North Cassady Avenue and a bus shelter within that building setback line; and reduced perimeter yards from 25 feet to 10 feet along the south property line, and 25 feet to 15 feet for the south east perimeter yard; said property being more particularly described as follows:
2125 ACKLEY PL. (43219), being 30.17± acres located on the west side of North Cassady Avenue, 1,238± feet north of Airport Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 17, United States Military District, being part of that 30.908 acre tract and part of that 0.890 acre tract both described in a deed to Only Just an LLC, of record in Instrument Number 200312230402074, being part of that 5.796 acre tract described in a deed to Sandra Ackley Kirk (1/2) Interest), Sandra Ackley Kirk and Gilman D. Kirk Jr. as Co-Trustees of the amended and restated trust created by Irma L. Ackley Dated July 30, 1990, as last amended and restated May 16, 1996 (1/2 Interest), of record in Instrument Number 200004280083166, being all of that 1.761 acre tract described in a deed to Cassady-Sunbury Limited Partnership, of record in Official Record 21329 Page E06, being all of that 0.110 acre tract described in a deed to Investment Land Holdings Inc., of record in Instrument Number 199903100060293, and being part of that 0.863 acre tract described in a deed to One More LLC, of record in Instrument Number 200312230402066, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, unless noted otherwise, and being further bounded and described as follows:
Commencing for reference at the intersection of the existing centerline of right-of-way for North Cassady Avenue and the existing centerline of right-of-way for Airport Drive (60’ Wide) as delineated in Plat Book 71 Page 17;
Thence North 03 degrees 08 minutes 40 seconds East, along the existing centerline of right-of-way for said North Cassady Avenue, a distance of 1,160.52 feet to a point;
Thence North 86 degrees 14 minutes 37 seconds West, along a perpendicular line, a distance of 24.73 feet to a point on the existing west right-of-way line for said North Cassady Avenue, and being the TRUE POINT OF BEGINNING for this description;
Thence North 87 degrees 27 minutes 43 seconds West, along the south line for said 0.863 acre tract, along the south line of said 0.110 acre tract, and across said 30.908 acre tract, all being the north line of that Woodfield Park Investment Condominium, declared in Instrument Number 202111240214919, as demonstrated in Condo Plat Book 301, Page 57, a distance of 876.51 feet to the northwest corner of said Woodfield Park Investment Condominium;
Thence South 03 degrees 23 minutes 37 seconds West, continuing across said 30.908 acre tract, along the east line of said 30.908 acre tract, and being the west line of said Woodfield Park Investment Condominium, a distance 838.28 feet to a corner of said Woodfield Park Investment Condominium;
Thence North 86 degrees 36 minutes 23 seconds West, across said 30.908 acre tract, along a north line of said Woodfield Park Investment Condominium, a distance of 22.22 feet to a western corner of said Woodfield Park Investment Condominium;
Thence South 03 degrees 23 minutes 37 seconds West, continuing across said 30.908 acre tract, being the west line of said Woodfield Park Investment Condominium, a distance 42.95 feet to a point, being on the south line of said 30.908 acre tract, and being the northeast corner of that 6.453 acre tract described in a deed to AFP 116 Corp., of record in Instrument Number 201911150152129;
Thence North 86 degrees 38 minutes 17 seconds West, along the south line of said 30.908 acre tract, being the north line of said 6.453 acre tract, and being along the north line of that 37.384 acre tract described in a deed to City of Columbus, of record in Instrument Number 199912300318814, a distance of 873.57 feet to the southwest corner of said 30.908 acre tract;
Thence North 21 degrees 08 minutes 29 seconds East, along the west line of said 30.908 acre tract, and being on an east line of said 37.384 acre tract, a distance of 31.83 feet to a point on the centerline of Alum Creek;
Thence continuing along the west lines of said 30.908 acre tract and along the centerline of Alum Creek for the following four (4) described courses:
1. North 58 degrees 49 minutes 26 seconds East, a distance of 235.02 feet to a point on a curve;
2. Along the arc of a non-tangent curve to the left, said curve having a radius of 166.88 feet, a central angle of 80 degrees 09 minutes 54 seconds, and an arc length of 233.49 feet to a point of non-tangency, said curve being subtended by a long chord having a bearing of North 19 degrees 11 minute 20 seconds East and a length of 214.91 feet;
3. North 24 degrees 04 minutes 19 seconds West, along the east line of that 11.500 acre tract described in a deed to Iconic Properties, LLC, of record in Instrument Number 201903110027167, a distance of 518.13 feet to a point on a curve;
4. Along the arc of a non-tangent curve to the right, continuing along the east line of said 11.500 acre tract, and across said 5.796 acre tract, said curve having a radius of 297.72 feet, a central angle of 46 degrees 48 minutes 05 seconds, and an arc length of 243.19 feet to a point of non-tangency at the northeast corner of said 11.500 acre tract, and being the southeast corner of that 0.83 acre tract described in a deed to Irma Ackley (1/2 interest) and Sandra Ackley Kirk (1/2 interest), of record in Deed Book 3452 Page 126, said curve being subtended by a long chord having a bearing of North 00 degrees 46 minute 57 seconds East and a length of 236.48 feet;
Thence North 46 degrees 39 minutes 25 seconds East, continuing across said 5.796 acre tract, being the centerline of Alum Creek, and being the east line of said 0.83 acre tract, a distance of 280.52 feet to the northwest corner of said 5.796 acre tract, being the southeast corner of that 12.696 acre tract described in a deed to Edward E. Phillips, of record in Instrument Number 200804100055230;
Thence South 86 degrees 29 minutes 10 seconds East, along the north line of said 5.796 acre tract, along the north line of said 1.761 acre tract, along the north line of said 30.908 acre tract, along the north line of said 0.890 acre tract, all being the south line of said 12.696 acre tract, a distance of 1,566.80 feet to a point on the existing west line of right-of-way of said North Cassady Avenue;
Thence South 03 degrees 12 minutes 43 seconds West, along the existing west line of right-of-way of said North Cassady Avenue, across said 0.890 acre tract, across said 30.908 acre tract, across said 0.863 acre tract, a distance of 372.62 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total of 30.157 acres of which:
21.711 acres is located within Franklin County Auditor’s Parcel Number 010-258021.
0.797 acres is located within Franklin County Auditor’s Parcel Number 010-258018.
4.995 acres is located within Franklin County Auditor’s Parcel Number 010-258016.
1.770 acres is located within Franklin County Auditor’s Parcel Number 010-258020.
0.114 acres is located within Franklin County Auditor’s Parcel Number 010-258022.
0.770 acres is located within Franklin County Auditor’s Parcel Number 010-258017.
Bearings described hereon are based on Grid North, NAD 83, per the Franklin County GIS.
This description is intended for zoning purposes only and does not represent an actual boundary description.
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 AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan and elevations titled, “CONCEPT PLAN,” and “ELEVATIONS SHEETS 1 AND 2,” all dated September 25, 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 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 traffic-related commitments:
1. The developer shall provide a contribution of $699,882.77 toward potential future transportation improvements along North Cassady Avenue in the vicinity of the site unless an alternative contribution amount is approved by the Department of Public Service based on review and approval of a cost estimate and exhibit prepared by the applicant for the transportation improvements identified in the approved Dominium Ackley Place Multifamily TIS dated August 18, 2026.
2. Direct access to North Cassady Avenue shall be limited to single right-in/right-out access point at a location subject to the review and approval of the Department of Public Service.
3. A southbound right turn lane with a length of 125 feet (exclusive of a 50-feet diverging taper) shall be constructed at the proposed site access point to North Cassady Avenue unless the Department of Public Service determines that this requirement may be waived. In consideration of the need to accommodate planned improvements to North Cassady Avenue by the Franklin County Engineer’s Office in the vicinity of the site, the Department of Public Service at its sole discretion may require a fee in lieu of construction of this southbound right turn lane based on a cost estimate for the turn lane that is reviewed and approved by the Department of Public Service. The fee in lieu of construction, if required, may be used for potential future transportation improvements along North Cassady Avenue in the vicinity of the site.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.