Explanation
Rezoning Application Z24-055
APPLICANT: Connect Realty, LLC, c/o Kelsey Miller, Agent; 577 West Nationwide Boulevard, Suite 600; Columbus, OH 43215, and Thaddeus Boggs, Atty.; 10 West Broad Street, Suite 2300; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on January 9, 2025.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.83± acre site consists of one undeveloped parcel in the M, Manufacturing District, and is subject to two approved Council variances (Ordinance numbers 0117-2020 and 2221-2023) for affordable housing development tax credit applications. The requested L-ARLD, Limited Apartment Residential District satisfies conditions of those variances, and proposes an apartment complex containing up to 84 units. The limitation text commits to maximum density, maximum lot coverage, required parking spaces, and includes commitments to develop the site in accordance with the submitted site plan and building elevations. The site is located within the planning area of the Near East Area Plan (2005), which recommends “Office/Light Industrial/Mixed Uses” land uses at this location. Deviation from this recommendation is warranted given the adjacent residential development and need for more housing. The Plan also states the overall goal for incorporating new construction into the neighborhood is compatibility, with quality design conforming to the existing development pattern of the area. Planning staff note that the proposed building elevations and site layout are consistent with these recommendations. A concurrent Council variance (Ordinance #0485-2025; CV24-137) has been filed to allow maneuvering to encroach into a required parking setback line, and to reduce required setback areas as depicted on the site plan.
Title
To rezone 540 ANNAPOLIS WAY (43203), being 5.83± acres located on the north side of Maryland Avenue at the terminus of Woodland Avenue, From: M, Manufacturing District, To: L-ARLD, Limited Apartment Residential District and to declare an emergency (Rezoning #Z24-055).
Body
WHEREAS, application #Z24-055 is on file with the Department of Building and Zoning Services requesting rezoning of 5.83± acres from M, Manufacturing District, to L-ARLD, Limited Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Near East Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested L-ARLD, Limited Apartment Residential District is consistent with the Near East Area Plan’s goal for incorporating new construction into the neighborhood that is compatible and with quality design conforming to the existing building patters and “rhythm” of the area. The proposal is also consistent with the City’s priorities for providing more affordable housing units; now, therefore: and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need for the applicant to obtain final site compliance plan approval and building permits to promptly begin construction to increase the supply of affordable housing, which is necessary for the immediate preservation of the public peace, property, health, and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
540 ANNAPOLIS WAY (43203), being 5.83± acres located on the north side of Maryland Avenue at the terminus of Maryland Avenue, and being more particularly described as follows:
Being 4.93± acres located on the north side of Maryland Avenue, 175± feet west of Woodland Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and being in Section 2, Township 5, Range 22 in the Refugee Lands, being portions of Lots 30, 31, 32, 33, 34, 35 and Lot 69 as delineated in Huling, Sherwood & Wirth’s Norfolk Addition recorded in Plat Book 5, Page 90 and subsequently amended in Plat Book 7, Page 48, and, portions of Superior Street, a 15 foot wide unnamed alley and a 20 foot wide unnamed alley as dedicated in said subdivision and subsequently vacated by the City of Columbus in Ordinance Number 714-41, and being portions of railroad right-of-way, declared “Used in Operations”, as conveyed to Norfolk and Western Railway Company in Deed Book 243, Page 257, Deed Book 251, Page 200, Deed Book 355, Page 491, Deed Book 355, Page 492, Deed Book 355, Page 494 ,Deed Book 363, Page 14, Deed Book 558, Page 397 and Deed Book 217, Page 344 (all documents referenced herein are of record in the Recorder’s Office, Franklin County, Ohio) as being further described as follows;
Commencing at a 3/4" pipe found (Northing 720695.35, Easting 1840511.62) at the southeast corner of Lot 27 in said Huling, Sherwood & Wirth’s Norfolk Addition, the southwest corner of Lot 28 in said Huling, Sherwood & Wirth’s Norfolk Addition and being in the northerly right-of-way line of Maryland Avenue;
Thence leaving the northerly right-of-way line of Maryland Avenue across said Maryland Avenue, S 03° 59' 43" W, 30.00 feet to the centerline of said Maryland Avenue;
Thence with the centerline of Maryland Avenue, S 86° 00' 17" E, 196.21 feet to a magnail set at the southwest corner of the remainder of said Norfolk and Western Railway Company tract, the southeast corner of Maryland Avenue as dedicated in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48, and being the TRUE POINT OF BEGINNING for land herein described as follows;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract and the east line of Maryland as dedicated in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48 along a curve turning to the left having a central angle of 01° 25' 05", a radius of 1407.70 feet, an arc length of 34.84 feet, and a chord bearing a distance of N 26° 34' 10" W, 34.84 feet to an iron pin set at the northeast corner of Maryland Avenue right of way as created in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48;
Thence with the northerly right of way line of Maryland Avenue and the west line of the remainder of the remainder of said Norfolk and Western Railway Company tract, N 86° 00' 17" W, 32.43 feet to an iron pin set at an angle point in the west line of the remainder of said Norfolk and Western Railway Company tract, the southeast corner of a tract as conveyed to Marilee A. Birchfield in Instrument Number 201406250080467 and being the south line of said Lot 31;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said Lot 31 and said 20 foot wide unnamed alley, N 03° 59' 43" E, 25.00 feet to an iron pin set;
Thence continuing with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said 20 foot wide unnamed alley, said Lot 31, said Lot 30, said 15 foot wide unnamed alley and said Lot 32, N 34° 39' 53" W, 160.08 feet to an iron pin set;
Thence continuing with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said Lot 32, said Lot 33, said Lot 34, said Lot 35 and said Superior Street, N 50° 21' 24" W, 265.95 feet to an iron pin set at an angle point in the west line of the remainder of said Norfolk and Western Railway Company tract, the northeast corner of said Birchfield Tract, and being in the northerly right of way line of said Superior Street (50’ R/W) and the south line of Lot 69 acre created in Plat Book 7, Page 48;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract, the north line of said Birchfield tract, the northerly right of way line of Superior Street and the south line of said Lot 69, N 86° 00' 17" W, 299.46 feet to an iron pin set at the northwest corner of the remainder of said Norfolk and Western Railway Company tract and being an angle point in the south line of a 3.331 acre tract designated as Parcel Number 3005-WD (FRA-670-3.93) as conveyed to the State of Ohio in Instrument Number 199708040062308;
Thence the following four (4) courses along the south line of said 3.331 acre tract and the north line of the remainder of said Norfolk and Western Railway Company tract: 1. N 80° 14' 13" E, 191.14 feet to an iron pin set; 2. N 66° 32' 04" E, 112.51 feet to an iron pin set; 3. N 59° 25' 45" E, 169.26 feet to an iron pin set; 4. N 49° 15' 34" E, 112.95 feet to an iron pin set in the south line of a 23.663 acre tract designated as Parcel Number 3500-WD (FRA-670-3.93 RR) as conveyed to Norfolk & Western Railway Company in Instrument Number 200108270198107 and the north line of the remainder of said Norfolk and Western Railway Company tract;
Thence the following three (3) courses along the north line of the remainder of said Norfolk and Western Railway Company tract and the south line of said 23.663 acre tract: 1. N 85° 30' 24" E, 159.55 feet to an iron pin set; 2. S 04° 12' 45" W, 13.99 feet to an iron pin set; 3. N 85° 30' 24" E, 101.09 feet to an iron pin set at the northeast corner of the remainder of said Norfolk and Western Railway Company tract and being in the west line of a tract as conveyed to Elyot Lamont Ransom and Tina Denise Ransom in Instrument Number 199803020046508;
Thence with the east line of the remainder of said Norfolk and Western Railway Company tract and the west line of said Ransom property, S 04° 12' 45" W, 255.00 feet to an iron pin set;
Thence continuing with the east line of the remainder of said Norfolk and Western Railway Company tract and the west line of said Ransom property along a curve to the left having a central angle of 11° 42' 03", a radius of 1860.00 feet, an arc length of 379.85 feet, and a chord bearing a distance of S 01° 38' 17" E, 379.19 feet to a magnail set at the southeast corner of said Norfolk and Western Railway Company tract, the southwest corner of said Ransom property, and being in the centerline of Maryland Avenue;
Thence with the south line of said Norfolk and Western Railway Company tract and the centerline of Maryland Avenue, N 86° 00' 17" W, 133.37 feet to the TRUE POINT OF BEGINNING, containing 4.933 acres, more or less, 0.096 acres being in present road occupied.
The above description was prepared by Advanced Civil Design Inc. and based on existing Franklin County records, along with an actual field survey performed March, 2018. A drawing of the above description is attached hereto and made a part thereof. All iron pins set are 5/8" rebar, 30" long iron pipe with plastic cap inscribed "Norfolk Southern Real Estate Engineering Department". Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (NSRS2007). Said bearings were derived from GPS observation and determine a portion of the centerline of Maryland Avenue having a bearing of N 86° 00’ 17” W. All references used in this description can be found at the Recorder’s Office Franklin County, Ohio;
AND
Being 0.90+ acres located on the north side of Maryland Avenue, 335+ feet west of Woodland Avenue and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Section 2, Township 5, Range 22, Refugee Lands, being part of Lots 29, 30, 31, 32, 33, 34, and 35 and being all of Lots 36 and 37 of Huling, Sherwood & Wirth’s Norfolk Addition of record in Plat Book 5, Page 90 and amended in Plat Book 7, Page 48, being part of Superior Street, a 15 foot wide alley, and a 20 foot wide alley of said Huling, Sherwood & Wirth’s Norfolk Addition vacated by the City of Columbus in Ordinance Number 714-41, being part of Superior Street and Roland Court of said Huling, Sherwood & Wirth’s Norfolk Addition, and being all of a 0.984 acre tract of land described in deed to Central Ohio Opportunity Fund, LLC of record in Instrument Number 202207280109717, all references being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at an iron pin set at the southwest corner of Lot 37 and the southeast corner of Lot 38 of said Huling, Sherwood & Wirth’s Norfolk Addition, being on the north right-of-way line of I. R. Witcher Lane (15 feet wide) formerly known as a 15 foot wide alley of said Huling, Sherwood & Wirth’s Norfolk Addition (name changed by the City of Columbus in Ordinance Number 0295-01), and being at a southwest corner of said 0.984 acre tract;
Thence North 03°58'51" East, a distance of 170.13 feet with a west line of said 0.984 acre tract, with the common line of said Lots 37 and 38, and then crossing said Superior Street, to an iron pin set at the northwest corner of said 0.984 acre tract, being on the north right-of-way line of said Superior Street, being on the south line of Lot 69 of said Huling, Sherwood & Wirth’s Norfolk Addition, and being on a south line of a 4.933 acre tract of land described in deed to Central Ohio Opportunity Fund, LLC of record in Instrument Number 201911130151099;
Thence South 86°00’17” East, a distance of 60.23 feet with the north line of said 0.984 acre tract, with the north right-of-way line of said Superior Street, with the south line of said Lot 69, and with a south line of said 4.933 acre tract, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 50°21'24" East, a distance of 265.95 feet with the northeast line of said 0.984 acre tract, with the southwest line of said 4.933 acre tract, crossing said Superior Street, then crossing said Lots 35, 34, 33, and 32, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 34°39'53" East, a distance of 160.08 feet with the northeast line of said 0.984 acre tract, with the southwest line of said 4.933 acre tract, crossing said Lot 32, crossing said vacated 15 foot alley, crossing said Lots 30 and 31, then crossing said vacated 20 foot alley, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 03°59'43" West, a distance of 25.04 feet with the east line of said 0.984 acre tract, with a west line of said 4.933 acre tract, crossing said vacated 20 foot alley then crossing said Lot 31, to a 3/4” iron pipe found at the southeast corner of said 0.984 acre tract, being at a southwest corner of said 4.933 acre tract, being on the south line of said Lot 31, and being on the north right-of-way line of Maryland Avenue (60 feet wide) formerly known as Atcheson Street of said Huling, Sherwood & Wirth’s Norfolk Addition (name changed by the City of Columbus in Ordinance Number 25534);
Thence North 86°01'09" West, a distance of 100.27 feet with a south line of said 0.984 acre tract, with the south line of said Lots 31, 30 and 29, and with the north right-of-way line of said Maryland Avenue, to a 3/4” iron pipe found at a southwest corner of said 0.984 acre tract and being on the east right-of-way line of a 16 foot alley dedicated by the City of Columbus in Ordinance Number 715-41;
Thence North 03°58'51" East, a distance of 135.00 feet with a west line of said 0.984 acre tract and with the east right-of-way line of said 16 foot alley, to an iron pin set on a south line of said 0.984 acre tract, being on the south line of said Lot 32, and being on the north right-of-way line of said I. R. Witcher Lane;
Thence North 86°01'09" West, a distance of 276.00 feet with a south line of said 0.984 acre tract, with the south line of said Lot 32, crossing said Roland Court, with the south line of Lots 36 and 37, and with the north right-of-way line of said I. R. Witcher Lane, to the POINT OF BEGINNING containing 0.896 acres out of said 0.984 acre tract and Parcel Number 010-098968, and being subject to all easements and documents of record.
To Rezone From: M, Manufacturing District,
To: L-ARLD, Limited Apartment Residential District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the L-ARLD, Limited Apartment Residential District on this property.
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved L-ARLD, Limited Apartment Residential District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plans being titled, “SITE PLAN,” signed by George Berardi, Architect, and dated December 6, 2024, said building elevations titled, “THE RESERVE AT MARYLAND,” signed by Bob Lamb, Agent for the Applicant, and dated January 30, 2025, and text titled, “LIMITATION TEXT,” signed by Thaddeus Boggs, Attorney for the Applicant, and dated February 9, 2025, and the text reading as follows:
LIMITATION TEXT
Application No.: Z24-055
Property Address: 540 Annapolis Way
Parcel ID: 010-070431
Current District: M
Proposed District: L-ARLD
Owner/Applicant: Central Ohio Opportunity Fund, LLC
Attorney: Thad Boggs, Frost Brown Todd LLP
Date of Text: January 9, 2025
I. INTRODUCTION
The subject property is the subject of Council Variance CV19-118, approved by Ord. No. 0117-2020. The Council Variance approves a variance for the subject property from the provisions of Section 3363.01, insofar as the sections prohibit a multi-unit residential development in the M., Manufacturing district. This Council Variance was requested and obtained for purposes of securing U.S. Department of Housing and Urban Development (HUD) funding. A condition of the Council Variance approval was that no Certificate of Zoning Clearance would be granted until Rezoning Application Z19-095 would be completed.
Rezoning Application Z19-095 proceeded through the Columbus Development Commission, receiving a recommendation of approval on March 11, 2021. Preparation of the Ordinance for the Rezoning required additional materials that were requested by letter of the same date, but on January 7, 2022, the Rezoning Application was withdrawn due to inactivity.
This application proposes an 84-unit multi-unit residential apartment complex. It is similar to the use at issue in CV19-118 and the proposal in Z19-095, except that it is less dense and provides more open space on the site, which has been combined into a single parcel.
II. PERMITTED USES
The uses permitted shall be those permitted for the ARLD apartment residential district in Section 3333.02 of the Columbus City Code.
III. DEVELOPMENT STANDARDS
The development standards shall be those provided in Chapter 3333 of the Columbus City Code:
A. Density, Height, Lot, and/or Setback Commitments:
1. Density, Height, Lot, and Setbacks shall be as shown on the attached site plan and are subject to CV24-137.
2. Maximum building coverage shall not exceed 20% of total lot area.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments:
Minimum parking shall consist of 128 off-street parking stalls. Parking shall be located as provided in the Site Plan.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments:
All open space will substantially conform to the Site Plan. All buffering, landscaping, and screening will comply with applicable sections of the Columbus City Code.
D. Building Design and/or Interior-Exterior Treatment Commitments:
Exterior building design will substantially conform to the elevations titled, “The Reserve at Maryland Place.”
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments:
N/A
F. Graphics and/or Signage Commitments:
All graphics and lighting will comply with applicable sections of the Columbus City Code.
G. Miscellaneous Commitments:
1. The applicant shall comply with applicable monetary payment requirements of Chapter 3318, Parkland Dedication of the Columbus City Code.
2. The subject site shall be developed in accordance with the submitted Site Plan and building elevations. The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Any slight adjustment to the plans herein 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 development.
3. All commitments herein referencing specific sections of the Columbus City Code shall apply unless otherwise varied by the Board of Zoning Adjustment or by Council Variance.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.