Legislation Details

File #: 0504-2024    Version: 1
Type: Ordinance Status: Passed
File created: 2/8/2024 In control: Zoning Committee
On agenda: 2/26/2024 Final action: 2/28/2024
Title: To grant a Variance from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 2121 VELMA AVE. (43211), to allow private athletic fields and their associated uses in the R-4, Residential District (Council Variance #CV23-156).
Attachments: 1. ORD0504-2024 Attachments, 2. ORD0504-2024.Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
2/29/20241 CITY CLERK Attest  Action details Meeting details
2/28/20241 MAYOR Signed  Action details Meeting details
2/26/20241 Zoning Committee Waive the 2nd ReadingPass Action details Meeting details
2/26/20241 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
2/26/20241 Zoning Committee ApprovedPass Action details Meeting details
2/26/20241 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details
2/26/20241 COUNCIL PRESIDENT Signed  Action details Meeting details

Explanation

 

Council Variance Application: CV23-156

 

APPLICANT: Crew SC Training Company c/o David Hodge, Atty.; Underhill and Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.

 

PROPOSED USE: Private athletic fields and associated uses.

 

CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with portions of parking lots and private athletic fields in the R-4, Residential District adjacent to Historic Crew Stadium which was established by Council Variance Ordinance #836-99 (CV98-031A). The requested Council variance will allow for the construction of additional athletic fields and their associated uses, including but not limited to storage of maintenance and sporting equipment. A Council variance is required because the R-4 district does not allow private athletic fields as a primary use, noting that athletic facilities on public parkland are allowed. There is currently no Council adopted land use recommendation at this location. Staff supports the proposal as it will not introduce incompatible uses to the area, and will aid in the preparation for the Major League Soccer All-Star Game in July of 2024. Additionally, staff supports the use of the Council variance process for timing purposes, but does condition support on a follow-up rezoning to an appropriate zoning district as detailed in Section 4 of this ordinance.

 

Title

 

To grant a Variance from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 2121 VELMA AVE. (43211), to allow private athletic fields and their associated uses in the R-4, Residential District (Council Variance #CV23-156).

 

Body

 

WHEREAS, by application #CV23-156, the owner of the property at 2121 VELMA AVE. (43211), is requesting a Variance to allow private athletic fields and their associated uses in the R-4, Residential District; and

 

WHEREAS, Section 3332.039, R-4, residential district, does not allow athletic fields, while the applicant proposes private athletic fields and associated uses; and

 

WHEREAS, City Departments recommend approval because the proposal for private athletic fields will not introduce an incompatible use to the area, noting that athletic fields on public parkland would be allowed in the underlying R-4 district; and 

 

WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the proposed use; 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 2121 VELMA AVE. (43211), in using said property as desired; now, therefore:

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1.  That a variance is hereby granted from the provisions of Section 3332.039, R-4 residential district; of the Columbus City Codes; for the property located at 2121 VELMA AVE. (43211), insofar as said section prohibits private athletic fields and their associated uses, including but not limited to storage of maintenance and sporting equipment in the R-4, Residential District; said property being more particularly described as follows:

 

2121 VELMA AVE. (43211), being 5.8± acres located 970± feet west of Velma Avenue on the north side of Black and Gold Boulevard:

 

Being part of Quarter Township 4, Township 1, Range 18, United States Military Lands, City of Columbus, Franklin County, State of Ohio and being portions of acreage and all of Lots 1-6, 37-42, 70-82, 187-192 and parts of Lots 7, 43, 83-95 and 193 of the Wilnis Summit Addition (Plat Book 8, Page 10)

as conveyed to State of Ohio by the following deeds of record;

 

 

DB 2579, Pg. 667

DB 2550, Pg. 467

DB 2729, Pg. 480

DB 1804, Pg. 100

DB 2582, Pg. 681

DB 1801, Pg. 523

DB 2594, Pg. 412

DB 2567, Pg. 62

DB 2584, Pg. 86

DB 2541, Pg. 1

DB 2531, Pg. 251

DB 1779, Pg. 263

DB 2539, Pg. 171

DB 2078, Pg. 299*

DB 2535, Pg. 047

DB 2581, Pg. 169

DB 1690, Pg. 692

DB 1856, Pg. 005

DB 1912, Pg. 402

DB 2558, Pg. 297

DB 2121, Pg. 017

DB 2560, Pg. 574

 

FCPC Case No. 166473

 

*FCPC Case No. 177308

 

and portions of those rights-of-way as vacated by the City of Columbus in Ordinance Numbers 455-32, 159-59, 1109-64 and 1570-82, all deeds referenced herein are recorded in the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:

 

Beginning at the southeasterly corner of a 13.486-acre tract as conveyed to Lowes Home Center Inc. by deed of record in Instrument 200103280062960, said point also being located at an angle point in the State of Ohio’s westerly line;

 

Thence across the State of Ohio’s property the following four (4) courses:

 

1)                     South 86° 10’ 07” East for a distance of 118.92 feet to a point;

 

2)                     South 03° 34’ 38” West for a distance of 941.92 feet to a point;

 

3)                     North 85° 52’ 57” West for a distance of 261.89 feet to a point;

 

4)                     North 02° 41’ 55” East for a distance of 940.79 feet to a point on the State of Ohio’s westerly line and the southerly line of said Lowes Home Center Inc. tract;

 

Thence along the State of Ohio’s westerly line and the southerly line of said Lowes Home center Inc. tract, South 86° 10’ 07” East for a distance of 157.38 feet to the Point of Beginning, and containing 5.815 Acres, more or less, of which 3.980 acres are within Parcel No. 010-067015 and 1.835 acres are within lease Parcel No. 010-249124 and being subject to all other legal easements, agreements, and rights of way.

 

SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for private athletic fields and their associated uses, including but not limited to storage of maintenance and sporting equipment, or those uses allowed in the R-4, Residential District.

 

SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed use.

 

SECTION 4. That this ordinance is further conditioned upon the applicant filing a rezoning application with the Department of Building and Zoning Services for this site and the adjacent Historic Crew Stadium site (as required by Ordinance #836-99) to an appropriate zoning district within six months of the effective date of this ordinance, with said application to be completed within 18 months of the effective date of this ordinance.

 

SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.