Explanation
Council Variance Application: CV23-022
APPLICANT: NRP Properties, LLC; c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
NORTH CENTRAL AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels in the R, Rural District and R-2, Residential District, and is developed with a religious facility. The requested Council variance will permit the development of a 220-unit apartment complex. Variances to increase the building height, reduce the building setback lines, and to reduce the perimeter yard are included in the request, with the reductions necessary due to a stream corridor protection zone that bisects the site. The proposed residential development will be subject to a competitive funding process by the Ohio Housing Finance Agency (OHFA), which requires certain land attributes including compliant zoning. The Council variance process is supported to assist in this state funding application process as Rezoning Application Z23-036, a request for the AR-1, Apartment Residential District, has been filed and is in the formal review process, and because the multi-unit residential development will provide mixed-income affordable and workforce housing consistent with the City’s objectives.
Title
To grant a Variance from the provisions of Sections 3332.02, R-rural district; 3332.033, R-2 residential district; 3309.14, Height districts; 3332.21, Building lines; and 3332.285, Perimeter yard, for the property located at 2618 BETHESDA AVE. (43219), to permit an apartment complex with reduced development standards in the R, Rural and R-2, Residential districts (Council Variance #CV23-022).
Body
WHEREAS, by application #CV23-022, the owner of property at 2618 BETHESDA AVE. (43219), is requesting a Council variance to permit an apartment complex with reduced development standards in the R, Rural and R-2, Residential districts and
WHEREAS, Section 3332.02, R, Rural District, prohibits multi-unit residential developments in said district, while the applicant proposes an apartment complex with up to 220 units; and
WHEREAS, Section 3332.033, R-2, residential district, prohibits multi-unit residential developments in said district, while the applicant proposes an apartment complex with up to 220 units; and
WHEREAS, Section 3309.14, Height districts, requires a maximum building height of 35 feet at the setback line for this property, while the applicant proposes an increased maximum height of 60 feet; and
WHEREAS, Section 3332.21, Building lines, requires a 50 foot building setback line from Sunbury Road, while the applicant proposes a reduced setback of 25 feet from Sunbury Road due to dumpster placement, as shown on the site plan; and
WHEREAS, Section 3332.285, Perimeter yard, requires a perimeter yard totaling no less than 25 feet, and prohibits parking in the required perimeter yard, while the applicant proposes a reduced perimeter yard of 10 feet, and parking to encroach into the perimeter yard, as depicted on the site plan; and
WHEREAS, the North Central Area Commission recommends disapproval; and
WHEREAS, City Departments recommend approval because the requested variance will help facilitate state funding requirements, and the multi-unit residential development will provide mixed-income affordable and workforce housing consistent with the City’s objectives; 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 2618 BETHESDA AVE. (43219), 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 Sections 3332.02, R-rural district; 3332.033, R-2 residential district; 3309.14, Height districts; 3332.21, Building lines; and 3332.285, Perimeter yard, of the Columbus City Codes; for the property located at 2618 BETHESDA AVE. (43219), insofar as said sections prohibit an apartment complex in the R, Rural District and R-2, Residential District; with an increase in building height from 35 feet to 60 feet; a reduced building setback from 50 feet to 25 feet from Sunbury Road for a dumpster; and a reduced perimeter yard from 25 to 10 feet with parking to encroach into the perimeter yard as shown on the site plan; said property being more particularly described as follows:
2618 BETHESDA AVE. (43219), being 10.18± acres located at the northwest corner of Bethesda Avenue and Sunbury Road, and being more particularly described as follows:
DESCRIPTION OF A 10.176 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the Third Quarter Township 1, Range 17,United States Military lands, and being all of Lot 173 as shown and delineated on the Plat of Queenswood Subdivision (Plat Book 42 Page 124) as conveyed to Praise Temple Community Church Inc., An Ohio Nonprofit Corporation, in Instrument Number 20080819026250, and also a 1.977 acre tract as conveyed to Michael E. Patterson in Instrument Number 220160819011010105 at the Franklin County Recorder’s Office, being bounded and described as follows;
Commencing for reference at a point in the centerline of Sunbury road at the northeast corner of said 1.977 acre tract and being the TRUE POINT OF BEGINNING;
Thence South 19 degrees 59 minutes 44 seconds West, with said centerline of Sunbury Rd., a distance of 153.49 feet to a point at the southeast corner of said 1.977 acre tract;
Thence North 87 degrees 50 minutes 17 seconds West, leaving said centerline and with the south line of said 1.977 acre tract, a distance of 31.94 feet to a point on the west right of way line of Sunbury Rd.;
Thence North 86 degrees 13 minutes 34 seconds West, with the south line of said 1.977 acre tract, a distance of 30.42 feet to a point at the northeast corner of said Lot 173;
Thence South 20 degrees 22 minutes 29 seconds West, with said west right of way line, a distance of 305.58 feet to a point;
Thence with an arc to the right having a radius of 586.03 feet, an arc length of 106.39 feet, a chord bearing of South 25 degrees 09 minutes 01 seconds West, and a chord distance of 106.25 feet, with the west right of way line of Sunbury Rd. to a point;
Thence South 30 degrees 21 minutes 48 seconds West, with said west right of way line, to a distance of 174.60 feet to a point;
Thence with an arc to the right having a radius of 27.31 feet, an arc length of 54.36 feet, a chord bearing of South 78 degrees 36 minutes 47 seconds West, and a chord distance of 45.82 feet, with the west right of way line of Sunbury Rd. and the north right of way line of Bethesda Ave. to a point
Thence with an arc to the left having a radius of 457.68 feet, an arc length of 173.83 feet, a chord bearing of North 71 degrees 30 minutes 00 seconds West, and a chord distance of 172.79 feet, with the north right of way line of Bethesda Ave. to a point;
Thence North 82 degrees 58 minutes 17 seconds West, with said north right of way line, a distance of 267.72 feet to a point at the southeast corner of Lot 50 as shown and delineated on said plat;
Thence North 07 degrees 54 minutes 17 seconds East, with the east line of Lot 50, a distance of 122.11 feet to a point at the northeast corner of Lot 50;
Thence North 82 degrees 38 minutes 30 seconds West, with the north line of Lots 50 through 54 as shown and delineated on said plat, a distance of 252.52 feet to a point at the northwest corner of Lot 54;
Thence North 06 degrees 47 minutes 22 seconds East, with the west lines of Lots 56 through 59 as shown and delineated on said plat, a distance of 153.44 feet to a point at the northeast corner of Lot 59;
Thence North 83 degrees 43 minutes 04 seconds West, with the north line of Lot 59, a distance of 123.84 feet to a point at the northwest corner of Lot 59 and the east right of way line of Rebecca St.;
Thence North 01 degrees 04 minutes 32 seconds West, with said east right of way line, a distance of 18.62 feet to a point;
Thence North 07 degrees 01 minutes 32 seconds West, with said east right of way line, a distance of 18.62 feet to a point;
Thence North 03 degrees 41 minutes 06 seconds West, with said east right of way line, a distance of 15.40 feet to a point;
Thence with an arc to the right having a radius of 15.81 feet, an arc length of 26.12 feet, a chord bearing of North 25 degrees 22 minutes 19 seconds East, and a chord distance of 23.25 feet with said east right of way and south right of way line of Queenswood Ct. to a point;
Thence North 73 degrees 41 minutes 28 seconds East, with said south right of way line, a distance of 180.10 feet to a point at the northwest corner of Lot 171 as shown and delineated on said plat;
Thence South 11 degrees 13 minutes 40 seconds East, with the west line of Lot 171, a distance of 122.75 feet to a point at the southwest corner of Lot 171;
Thence North 77 degrees 58 minutes 20 seconds East, with the south lines of Lots 171 through 166, a distance of 358.47 feet to a point at the southeast corner of Lot 166;
Thence North 03 degrees 54 minutes 46 seconds East, with east line of Lots 166 and 165, a distance of 92.22 feet to a point at the southwest corner of said 1.977 acre tract;
Thence North 03 degrees 54 minutes 38 seconds East with the west lines of Lots 165 and 164, a distance of 148.34 feet to a point at the southwest corner of 2.16 acre tract as conveyed to Jennie E. Calloway in Instrument Number 200506190094470;
Thence South 86 degrees 00 minutes 04 seconds East, with the south line of said 2.18 acre tract, a distance of 599.01 feet to the TRUE POINT OF BEGINNING.
The above description contains a total area of 10.176 acres and includes all of both Franklin County Auditor Parcel Numbers 010-166703-00 and 010-156433-00.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential uses with up to 220 units, or those uses permitted in the R, Rural District and R-2, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ZONING PLAN," signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant, and dated June 23, 2023 September 1, 2023. The plan 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 plan 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z23-036 through City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA), or within three years of the effective date of this ordinance, whichever occurs first.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.