Explanation
Council Variance Application: CV25-011
APPLICANT: Preferred Living; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; 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 (Ordinance #1649-2025; Z25-005) to the ARLD, Apartment Residential District. The requested Council variance proposes a 210-unit apartment complex with variances to reduce the required building setback lines and perimeter yard, and also includes commitments to develop the site in accordance with the submitted site plans and building elevations. City staff is supportive of the requested variances due to the irregular shape of the site and the presence of stream corridor protection zones, and notes the proposed development preserves mature trees which is consistent with the Far North Area Plan’s (2014) design guidelines.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 8570 N. HIGH ST. (43035), to allow reduced development standards for an apartment complex in the ARLD, Apartment Residential District (Council Variance #CV25-011).
Body
WHEREAS, by application #CV25-011, the owner of property at 8570 N. HIGH ST. (43035), is requesting a Council variance to allow reduced development standards for an apartment complex in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires a minimum building setback line of 80 feet from North High Street, while the applicant proposes a reduced building setback of 25 feet from North High Street; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet; and
WHEREAS, the City Departments recommend approval because the requested variances will allow a residential development with a site design that is consistent with the Far North Area Plan design guideline recommendations, and are necessitated by the irregular shape of the site and the presence of stream corridor protection zones; 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 8570 N. HIGH ST. (43035), 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; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 8570 N. HIGH ST. (43035), insofar as said sections prohibit a reduced building setback line from 80 feet to 25 feet along North High Street; and a reduced perimeter yard from 25 feet to 10 feet; said property being more particularly described as follows:
8570 N. HIGH ST. (43035), being 14.9± acres located on the east side of North High Street, 300± feet north of Lazelle Road, and being more particularly described as follows:
LEGAL DESCRIPTION 14.9 ACRES
Situated in the State of Ohio, County of Delaware, Township of Orange, being part of Quarter Township 3, Township 3, Range 18, United States Military District, and containing 14.9± acres of land, more or less, said 14.9± acres being all of a 9.892 acre tract of land conveyed to Robert H. Rice & Rhonda Rice, Trustees, in O.R. 1379, Pg. 2770 and all of a 5.032 acre tract of land conveyed to Rosemary Rice & Robert H. Rice, Trustees, in O.R. 935, Pg. 1498, said 14.9± acres being more particularly described as follows:
Beginning at the southwest corner of said 9.892 acre tract, the southeast corner of a 1.440 acre tract of land conveyed to True North Energy, LLC in O.R. 719, Pg. 1799, being on the centerline of Lazelle Road (C.R. 6) (R/W Varies), the common line of Delaware County and Franklin County, and a northerly City of Columbus Corporation Line (Case No. 31-86, Ord. No. 57-87, O.R. 9154I05);
Thence N 05° 05' 00" W, with a west line of said 9.892 acre tract, the east line of said 1.440 acre tract, across the right-of-way of said Lazelle Road (C.R. 6) (R/W Varies), and with an easterly City of Columbus Corporation Line (Res. No. 00-39, Ord. No. 1263-98, Cabinet 2, Sl. 100), 300.17 feet to an angle point in the west line of said 9.892 acre tract, the northeast corner of said 1.440 acre tract, and an angle point of said City of Columbus Corporation Line;
Thence N 89° 19' 47" W, with a south line of said 9.892 acre tract, the north line of said 1.440 acre tract, the north line of a 0.2259 acre tract of land conveyed to the City of Columbus, Ohio in O.R. 1655, Pg. 2459, and with said City of Columbus Corporation Line, 209.74 feet to an angle point of the west line of said 9.892 acre tract, the northwest corner of said 0.2259 acre tract, being on the easterly right-of-way line of North High Street (U.S. 23) (R/W Varies) as shown in ODOT Plans FRA-23-23.69, FRA-23-23.40, DEL-23-0.00, S.H. (I.C.H.) No. 4 SEC. L-G-H & I (1931), S.H. 4 SEC.-L-PT. (1940) and formerly being the railroad right-of-way of C.D. & M, and an angle point of said City of Columbus Corporation Line;
Thence N 05° 05' 00" W, with the west line of said 9.892 acre tract and the easterly right-of-way line of said North High Street (U.S. 23) (R/W Varies), 716.31 feet to the northwest corner of said 9.892 acre tract and an angle point of the easterly right-of-way line of said North High Street (U.S. 23) (R/W Varies);
Thence S 89° 35' 37" E, with the north line of said 9.892 acre tract and the easterly right-of-way line of said North High Street (U.S. 23) (R/W Varies), 21.61 feet to the southwest corner of a 0.205 acre tract of land conveyed to City of Columbus, Ohio in O.R. 1273, Pg. 467, an angle point of the easterly right-of- way line of said North High Street (U.S. 23) (R/W Varies), and an angle point of a southerly City of Columbus Corporation Line (Res. No. 11-1380, Ord. No. 0386-12, I.N. 201200034994, Cabinet 4, Sl. 23);
Thence continuing S 89° 35' 37" E, with the north line of said 9.892 acre tract, the south line of said 0.205 acre tract, the south line of a 19.182 acre tract of land conveyed to Remington Owner 1, LLC - 17.33%, Remington Owner 2, LLC - 8.24%, Remington Owner 3, LLC - 5.68%, Remington Owner 4, LLC - 9.66%, Remington Owner 5, LLC - 25.57%, Remington Owner 6, LLC - 15.91%, Remington Owner 7, LLC - 8.52%, and Remington Owner 8, LLC - 9.09% in O.R. 1591, Pg. 2866, and with said southerly City of Columbus Corporation Line, 934.05 feet to the northeast corner of said 9.892 acre tract, an angle point in the west line of said 19.182 acre tract, and an angle point of said City of Columbus Corporation Line;
Thence S 03° 47' 27" W, with the east line of said 9.892 acre tract, the east line of said 5.032 acre tract, the west line of said 19.182 acre tract, and said City of Columbus Corporation Line, 372.53 feet to a southeast corner of said 5.032 acre tract, the northeast corner of a tract conveyed to THCRE Holdings, LLC in O.R. 1866, Pg. 743 as Parcel 1, said Parcel 1 also being Lot 826 as numbered and delineated for Hardwood Subdivision in P.B. 18, Pg. 133, being on the west line of said 19.182 acre tract, and said westerly City of Columbus Corporation Line;
Thence with the common line of said 5.032 acre tract, said Parcel 1 and said Lot 826 the following two (2) courses and distances:
1. N 89° 18' 12" W, 249.97 feet to a point;
2. S 03° 47' 24" W, 200.57 feet to an angle point in the east line of said 5.032 acre tract, the northeast corner of a 0.352 acre tract also conveyed to THCRE Holdings, LLC in O.R. 1866, Pg. 743, and being on the west line of said Parcel 1 and said Lot 826;
Thence with the common line of said 5.032 acre tract and said 0.352 acre tract the following three (3) courses and distances:
1. N 86° 20' 15" W, 85.47 feet to a point;
2. S 03° 39' 45" W, 180.00 feet to a point;
3. S 86° 20' 15" E, 85.08 feet to an angle point in the east line of said 5.032 acre tract, the southeast corner of said 0.352 acre tract, and being on the west line of said Parcel 1 and said Lot 826;
Thence S 03° 46' 04" W, with the east line of said 5.032 acre tract, the west line of said Parcel 1 and said Lot 826, and across the right-of-way of said Lazelle Road (C.R. 6) (R/W Varies) as dedicated in P.B. 18, Pg. 133, 264.43 feet to the southeast corner of said 5.032 acre tract, the southwest corner of said Parcel 1 and said Lot 826, being on the centerline of said Lazelle Road (C.R. 6) (R/W Varies), the common line of said Delaware County and Franklin County, and being on said northerly City of Columbus Corporation Line (Case No. 31-86, Ord. No. 57-87, O.R. 9154I05);
Thence N 89° 18' 24" W, with the south line of said 5.032 acre tract, the south line of said 9.892 acre tract, the centerline of said Lazelle Road (C.R. 6) (R/W Varies), the common line of said Delaware County and said Franklin County, and with said northerly City of Columbus Corporation Line, 338.77 feet to the Point of Beginning, containing 14.9± acres more or less.
The above description was prepared by Advanced Civil Design Inc. on December 13, 2024 and is based on existing Delaware County Auditor records and Delaware County Recorder’s records.
The total length of the annexation perimeter is ±3,959 feet, of which ±2,177 feet are contiguous with existing City of Columbus Corporation lines, being ±55% contiguous. No island of unincorporated acreage is created by this annexation.
This exhibit is for a proposed Expedited II annexation to be considered under ORC Sections 709.021 and 709.023.
All references used in this description can be found at the Recorder’s Office, Delaware County, Ohio. This is not to be used for the transfer of land and is for annexation purposes only.
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.
SECTION 3. That this ordinance is further conditioned on general conformance with the plans titled, “SITE DEVELOPMENT PLAN,” and “BUILDING ELEVATION,” both dated June 3, 2025, 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 upon the following traffic commitments:
1. Any potential access to North High Street, emergency or otherwise, is subject to the review and approval of the Ohio Department of Transportation. The developer shall obtain any necessary permit from the Ohio Department of Transportation related to such potential access.
2. The proposed access point to Lazelle Road is subject to the review and approval of the Department of Public Service, which may result in modifications to the location of the proposed access point and/or limitations to the permitted turning movements at the proposed access point.
3. The developer shall implement any mitigation determined to be necessary within North High Street or Lazelle Road associated with any limitation determined to be necessary at the proposed access point to Lazelle Road upon applicable review by the Department of Public Service and the Ohio Department of Transportation
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.