Explanation
Council Variance Application: CV23-075
APPLICANT: Domenic Spencer; c/o Robert Artrup, Agent; 3141 Polly Road; Columbus, OH 43221.
PROPOSED USE: Multi-unit residential development.
MIDEAST 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 #2419-2023; Z23-031) from PUD-8, Planned Unit Development District to ARLD, Apartment Residential District to allow the construction of a multi-unit residential development. The requested variance proposes a 108-unit apartment complex with a standard variance for required perimeter yard only in the northeast corner of the property. Additional landscaping and buffering, and pedestrian access and traffic improvements are demonstrated on the submitted site plan, and are all consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To grant a Variance from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 2480-2484 FOREST GREEN CT. (43232), to allow a reduced perimeter yard for an apartment complex in the ARLD, Apartment Residential District (Council Variance #CV23-075).
Body
WHEREAS, by application #CV23-075, the owner of property at 2480-2484 FOREST GREEN CT. (43232), requests a Council variance to allow a reduced perimeter yard for an apartment complex in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum 25 foot perimeter yard, while the applicant proposes a reduced perimeter yard of 0 feet at the northeast corner of the property, as shown on the site plan; and
WHEREAS, the Mideast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances are similar to previously supported requests, and additional landscaping and screening and traffic access improvements are included in the proposed site plan; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate 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 2480-2484 FOREST GREEN CT. (43232), 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 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 2480-2484 FOREST GREEN CT. (43232), insofar as said section prohibits a reduced perimeter yard from 25 feet to 0 feet at the northeast corner of the property; said property being more particularly described as follows:
2480-2484 FOREST GREEN CT. (43232), being 6.48± acres located on the west side of Weyburn Road, 140± feet north of Marlin Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and is described as follows:
A tract of land lying in the State of Ohio, Franklin County, City of Columbus, being in Section 29,
Township 12 North, Range 21 West, Refugee Lands and being land owned by Walnut Builders and recorded in Deed Volume 3352 at Page 530 and more particularly described by metes and bounds as follows:
Beginning at an existing iron pipe which marks the Northwest corner of Helen Development
Subdivision (Plate Book 51, Page 72), the Southwest corner of said Walnut Builders property, said point being in the East line of the First Church of God property (Instrument No. 199802230039216);
Thence North 02 degrees 26 minutes 48 seconds East along the East line of the church property
561.19 feet to a 5/8 inch rebar set with cap (at the Southwest corner of the City of Columbus property as recorded in Deed Volume 3346 at Page 286);
Thence South 87 degrees 27 minutes 48 seconds East 454.24 feet to a 5/8 inch rebar set with cap in the West line of Weyburn Road;
Thence in a Southeasterly direction along the West line of Weyburn Road in a curve to the left (said curve having a radius of 235.00 feet, a tangent of 19.95 feet, a central angle of 09 degrees 42 minutes
19 seconds, a chord bearing and distance of South 32 degrees 57 minutes 26 seconds East 39.76 feet) a total arc distance of 39.81 feet to a 5/8 inch rebar set with cap;
Thence in a Southeasterly direction in a curve to the right (said curve having a radius of 676.91 feet, a tangent of 244.78 feet, a central angle of 39 degrees 45 minutes 43 seconds, a chord bearing and distance of South 17 degrees 56 minutes 25 seconds East 460.39 feet) a total arc distance of 469.76 feet to a 5/8 inch rebar set with cap;
Thence South 02 degrees 00 minutes 33 seconds West 91.14 feet to a nail;
Thence leaving the West line of Weyburn Road North 88 degrees 02 minutes 10 seconds West (passing an existing iron pipe at 0.15 feet) along the North line of said Helen Development Subdivision 638.37 feet to the Point of Beginning;
Base line of bearing in the above survey and description is North 02 degrees 26 minutes 48 seconds
West (on the East line of the Church of God property) as shown in an ALTA Survey of the First
Church of God property, made by David E. Slagle, P.S. #7408 and in the recorded Instrument No.
1998022300239216.
EXCEPT that 1.055 acre portion previously separated by Lot Split and conveyed to Lamar Holding
Co., described as follows:
Situated in the State of Ohio, County of Franklin, City Of Columbus, being in Half Section 52, Township 12 North, Range 21 West, Refugee Lands, being a portion of Lot 2 Of Helen Development Subdivision No. 1 as delineated in P.B. 45, PG. 118, and being part of a 7.533 acre tract as conveyed to ByoByo LLC., by deed Of record in IN # 202208250123062, as recorded in the Franklin County Recorder's Office and being more particularly described as follows:
BEGINNING at a capped iron pin found (Patridge) in the Northeast corner of said 7.533 acre tract, the Southeast corner of a 5.309 acre tract as appropriated to the City of Columbus, Franklin County Court of Common Pleas Case No-245,801, recorded in D.B. 3346, PG. 286, and being the Southeast Corner Of Reserve "B" in LEXINGTON SECTION NO.2, Of record in P.B. 42, PG. 84, and the Westerly right-of-way of Weyburn Road (60'), thence;
Along the East line of said 7.533 acre tract, and the West right-of-way of said Weyburn road with a curve to the left, having a radius of 235.00 feet, a delta of 9° 42’ 20", an arc length of 39.81 feet, a chord bearing of S 30° 50' 28" E, a distance of 39.76 feet, to an iron pin set at a point of reverse curvature, thence;
Along the East line of said 7.533 acre tract, and the West right-of-way of said Weyburn Road with a curve to the right, having a radius of 676.91 feet, a delta of 17° 20' 59", an arc length of 204.97 feet, a chord bearing of S 270 01' 49" E, a distance of 204.19 feet, to an iron pin set on a Easterly line of said 7.533 acre tract, and a West right-of-way line of said Weyburn Road,
Thence going through said 7.533 acre tract the following eight (8) courses and distances:
S 66° 48' 03" W, a distance of 26.65 feet, to and iron pin set;
S 37° 49' 51" W, a distance of 14.08 feet, to and iron pin set;
S 65° 59' 08" W, a distance of 59.78 feet, to and iron pin set at a point of curvature to the right;
Along a curve to the right, having a radius of 198.50 feet, a delta of 19° 16' 50", an arc length of 66.80 feet, a chord bearing of S 75° 37' 33" W, a distance of 66.48 feet, to an iron pin set;
S 85° 15' 58" W, a distance of 19.87 feet, to and iron pin set;
N 86° 03' 10" W, a distance of 43.92 feet, to and iron pin set at a point of curvature to the right;
Along a curve to the right, having a radius of 13.00 feet, a delta of 91° 10' 33", an arc length of 20.69 feet, a chord bearing of N 40° 27' 54" W, a distance of 18.57 feet, to an iron pin set;
N 05° 07' 22" E, a distance of 271.40 feet, to and iron pin set on the North line of said 7.533 acre tract and the South line of said 5.309 acre tract, thence;
S 85° 20' 50" E, a distance of 90.69 feet, along the North line of said 7.533 acre tract, and the South line of said 5.309 acre tract, to the TRUE POINT OF BEGINNING and containing 1.055 acres, more or less, subject to all and subject to all legal easements and rights-of-way of record.
Bearings are based on NAD83 Ohio State Plane Coordinate System, South Zone (NSRS2011) which determine the West property line of said 7.533 acre tract as being N 04° 33' 46" W. Based on an actual field survey performed under the direct supervision of Michael R. Ziska during August 11, 2021, Registered Surveyor #8621. Iron pins set are ¾" by 30" with cap inscribed "TT”.
Property Address: 2480-2484 Forest Green Court, Columbus, OH 43232
Parcel Number: 010-027889-00
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 the subject site being developed in general conformance with the plans titled “SITE PLAN,” and “ELEVATION PLANS SHEETS 1-8,” all dated August 17, 2023, signed by Domenic Spencer, 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 plan 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 a Certificate of Occupancy for the proposed development.
SECTION 5. That this is ordinance is further condition on the following: That the developer commits to make an in kind contribution toward traffic signal installation at the intersection of Refugee Road and Weyburn Road, if determined to be necessary by the Division of Traffic Management upon review and approval of the traffic access study for rezoning application Z23-030.
SECTION 6. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.