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.