Explanation
Council Variance Application: CV22-091
APPLICANT: Don Kenney, Jr.; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning request to the ARLD, Apartment Residential District (Ordinance #0548-2023; Z22-067) to allow a 96-unit apartment complex. Variances to reduce the building setback line, reduce the perimeter yard, area district requirements, and to allow a public park to not front a public street are included in the request. Staff finds the requested variances to be supportable because the use is compatible with the residential land use pattern in the surrounding area, and is not considered to be an introduction of an incompatible use.
Title
To grant a Variance from the provisions of Sections 3333.11, ARLD area district requirements; 3333.16, Fronting; 3333.18, Building Lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5470 HILDEBRAND RD. (43230), to permit reduced development standards for a multi-unit residential development in the ARLD, Apartment Residential District (Council Variance #CV22-091).
Body
WHEREAS, by application #CV22-091, the owner of property at 5470 HILDEBRAND RD. (43230), is requesting a Council variance to permit reduced development standards for a multi-unit residential development in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.11, ARLD area district requirements, requires 2,500 square feet per dwelling unit on interior lots, while the applicant proposes a total of 96 dwelling units resulting in 1,900 square feet per dwelling unit; and
WHEREAS, Section 3333.16, Fronting, requires a public park to front a public street, while the applicant proposes a public park to not front on a public street; and
WHEREAS, Section 3333.18, Building Lines, requires a building line of 50 feet along the Sunbury Road frontage, while the applicant proposes a building setback of 25 feet along the Sunbury Road frontage; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard from 25 feet to 15 feet along the northern property line and from 25 feet to 5 feet along the southern property line; and
WHEREAS, the City Departments recommend approval because the requested variances will allow a multi-unit residential development that is compatible with the residential land use pattern in the surrounding area, and is not considered to be an introduction of an incompatible use; 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 5470 HILDEBRAND RD. (43230), 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 3333.18, Building Lines; 3333.16, Fronting; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 5470 HILDEBRAND RD. (43230), insofar as said sections prohibit a reduced lot area from 2,500 square feet per dwelling unit to 1,900 square feet per dwelling unit; a public park to not front on a public street; a reduced building setback line from 50 feet to 25 feet along the Sunbury Road frontage; and a reduced perimeter yard from 25 feet to 15 feet along the northern property line and 5 feet along the southern property line; said property being more particularly described as follows:
5470 HILDEBRAND RD. (43230), being 6.14± acres located at the southeast corner of Hildebrand Road and Sunbury Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Blendon, Township 2, Quarter Township 4, Range 17 of the United States Military Survey and containing 6.13± acres of land, more or less of a 19.812 acre tract of land as conveyed to Capitol City Baptist Church in Deed Book 3641, Pg. 64, said 6.13± acres more particularly described as follows:
Beginning, at the southwest corner of said 19.812 acre tract, the northwesterly corner of the remainder of an originally recorded 5.00 acre tract of land conveyed to Patrick I. Caudy in Instrument No. 200912170182346 as Parcel 1, the northeasterly corner of a 0.087 acre tract of land described as Parcel 24-WD and conveyed to the State of Ohio in Volume 33321, Pg. A16, the southeasterly corner of a 0.027 acre tract of land described as Parcel 23-WD and conveyed to the State of Ohio in Volume 29244, Pg. G12, and being in the easterly right-of-way line of Hildebrand Road (R/W Varies);
Thence N 10°51’00” W, with the west line of said 19.812 acre tract, the east line of said 0.027 acre tract of land, with the easterly right-of-way line of said Hildebrand Road, 83.58± feet to an angle point of said 19.812 acres, the northeast corner of said 0.027 acre tract, an angle point of a 0.892 acre tract of land described as Parcel 115-WD and conveyed to the State of Ohio in Volume 2933, Pg. 204;
Thence with the west line of said 19.812 acre tract, the easterly right-of-way line of said Hildebrand Road, an easterly line of said 0.892 acre tract the following three (3) courses and distances:
1. N 10°16’58” E, 131.91± feet to an angle point;
2. N 25°53’19” W, 58.58± feet to a point;
3. N 26°52’13” W, 41.73± feet to the southwest corner of a 0.513 acre tract of land, an angle point of said 19.812 acres, the northeast corner of said 0.892 acre tract, being on the intersection of the westerly right-of-way line of said Hildebrand Road and the southerly right-of-way line of Sunbury Road (R/W Varies);
Thence N 46°03’58” E, with a westerly line of said 19.812 acre tract, the southerly line of said 0.513 acre tract, the southerly right-of-way line of said Sunbury Road, 205.44± feet to a point;
Thence N 46°07’31” E, with a westerly line of said 19.812 acre tract, the southerly line of said 0.513 acre tract, the southerly right-of-way line of said Sunbury Road, 77.31± feet to a point;
Thence across said 19.812 acres the following four (4) courses and distances:
1. S 46°41’30” E, 157.99± feet to a point;
2. S 89°20’06” E, 344.32± feet to a point;
3. S 42°22’39” W, 184.61± feet to a point;
4. S 45°00’36” E, 420.30± feet to a point on the south line of said 19.812 acre tract, the north line of said Parcel 1;
Thence N 86°33’56” W, with the south line of said 19.812 acre tract, the north line of said Parcel 1, 800.57± feet to the True Point of Beginning. Containing 6.13 acres more or less.
The above description was prepared by Advanced Civil Design Inc. on August 2022 and is based on existing Franklin County Auditor records and Franklin County Recorder’s records.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
This description is for zoning purposes only and is not to be used for the transfer of land and is for annexation purposes only.
Address: 5470 Hildebrand Rd., Columbus, OH 43230
Parcel No: part of 110-000688
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 ARLD, Apartment Residential District, in accordance with Ordinance #0548-2023 (Z22-067).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “PRELIMINARY DEVELOPMENT PLAN,” dated February 9, 2023, and signed by Eric Zartman, Attorney for the Applicant. The plan 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 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 shall take effect and be in force from and after the earliest period allowed by law.