Explanation
Council Variance Application CV25-083
APPLICANT: Marian Development Group; c/o Michael A. Huber, Atty.; 255 East Fifth Street, Suite 1900; Cincinnati, OH 45202.
PROPOSED USE: Assisted living facility.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of three undeveloped parcels, two in the CPD, Commercial Planned Development District which were proposed for a fuel sales facility, and the other in the C-4, Commercial District. The requested Council Variance will allow an assisted living facility with a maximum of 118 units. A Council variance is required because assisted living facilities are only allowed in the I, Institutional District and certain apartment residential districts. Additionally, variances to allow increased building height, to reduce required parking from 89 to 60 spaces, and to replace the approved CPD plan are included. The site is within the planning area of the Hilltop Land Use Plan (2019), which recommends “Mixed Use 1 (<24 du/ac)” land uses for this location, consistent with the proposal. Staff note that the proposal is generally consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) due to the inclusion of appropriate landscaped buffering and screening for the adjacent residential development, parking lot screening, and street trees along the Briggs Road and Bronwyn Avenue frontages. This proposed assisted living facility is anticipated to provide affordable housing and will be subject to a competitive funding process from the Ohio Housing Finance Agency (OHFA) which requires certain land attributes including compliant zoning. Staff supports the Council variance process to assist in this OHFA funding application process.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3361.02, CPD permitted uses; 3309.14(A), Height districts; 3312.49(C), Required parking; 3361.03, Development plan; 3361.04(B), Performance criteria; and 3361.07, Affect of the registered development plan, for the property located at 2720-2732 BRIGGS RD. (43204); to allow an assisted living facility with reduced development standards in the CPD, Commercial Planned Development District and C-4, Commercial District (Council Variance #CV25-083).
Body
WHEREAS, by application #CV25-083, the owner of property at 2720-2732 BRIGGS RD. (43204), is requesting a Council variance to allow an assisted living facility with reduced development standards in the CPD, Commercial Planned Development District and C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, prohibits assisted living facilities, while the applicant proposes to develop the site with an assisted living facility; and
WHEREAS, Section 3361.02, Permitted uses, specifies limited C-4 district uses and a fuel sales facility, while the applicant proposes to develop the site with an assisted living facility which is prohibited in this CPD district; and
WHEREAS, Section 3309.14(A), Height districts, limits building height in a 35-foot height district to 35 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 60 feet; and
WHEREAS, Section 3312.49(C), Required parking, requires 0.75 parking spaces per assisted living unit, or 89 spaces total for 118 assisted living units, while the applicant proposes 60 parking spaces; and
WHEREAS, Section 3361.03, Development plan, reports the overall concept of a proposed development, which for this property specifically allows convenience stores with gasoline sales and limited C-4 commercial uses, as approved by Ordinance #0963-96 (Z95-113), while the applicant proposes to develop the site with an assisted living facility with up to 118 units; and
WHEREAS, Section 3361.04(B), Performance criteria, only allows a maximum building height of 35 feet in this district unless otherwise specified and made part of the rezoning ordinance, while the applicant proposes an increased allowable building height of 60 feet; and
WHEREAS, Section 3361.07, Affect of the registered development plan, states that a development plan registered hereunder shall be binding upon the applicant, their successors and assigns, and shall limit and control the issuance or validity of all certificates of zoning clearance, while the applicant proposes an assisted living facility with up to 118 units that does not match the registered development plan; and
WHEREAS, the Greater Hilltop Area Commission recommends disapproval; and
WHEREAS, City Departments recommend approval because the requested variance will help facilitate state funding requirements, and the proposal is consistent with the Hilltop Land Use Plan’s land use recommendation for “Mixed Use 1 (<24 du/ac)” land uses, and includes design elements that are generally consistent with C2P2 Design Guidelines; and
WHEREAS, said 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 2720-2732 BRIGGS RD. (43204), 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 Sections 3356.03, C-4 permitted uses; 3361.02, CPD permitted uses; 3309.14(A), Height districts; 3312.49(C), Required parking; 3361.03, Development plan; 3361.04(B), Performance criteria; and 3361.07, Affect of the registered development plan, is hereby granted for the property located at 2720-2732 BRIGGS RD. (43204), insofar as said sections prohibit assisted living facilities in the CPD, Commercial Planned Development District and C-4, Commercial District, with an increase in building height from 35 feet to 60 feet; a parking reduction from 89 required to 60 provided spaces; and to not conform with the approved and binding development plan as adopted with Ordinance #0963-96 (Z95-113); said property being more particularly described as follows:
2720-2732 BRIGGS RD. (43204), being 4.78± acres located on the north side of Briggs Road; between Bronwyn Avenue and St. Cecelia Drive, and being more particularly described as follows:
Situated in Virginia Military Survey 971, City of Columbus, County of Franklin, State of Ohio, being part of Reserve “A” of Schurtz Brookshire Park No. 3, a subdivision of record in Plat Book 31, Page 25, all deed and plat references refer to the records of the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an Iron Pin Set at the southwesterly corner of Lot 1 of said Schurtz Brookshire Park No. 3 and in the easterly right-of-way line of Bronwyn Avenue (50’ public right-of-way) as dedicated in said Plat Book 31, Page 25;
Thence South 77° 14’ 33” East, with the southerly lines of Lots 1 through 12 of said Brookshire Park No. 3, (passing a 5/8” Iron Pin found at 138.50 feet, and a 1” Iron Pipe found at 438.39 feet along and 0.26 feet South of line) a total distance of 757.00 feet to an Iron Pin set at the southeasterly corner of said Lot 12 and in the westerly right-of-way line of Cecelia Drive (50’ public right-of-way) as dedicated in said Plat Book 31, Page 25;
Thence South 12° 45’ 27” West, with said westerly right-of-way line, a distance of 186.03 feet to an Iron Pin set at the northwesterly corner of a 0.447 acre tract of land conveyed to Fusion Auto Group, LLC of record in Instrument Number 201005120057999;
Thence through said Reserve “A” and with the perimeter of said 0.447 acre tract the following courses:
North 77° 09’ 53” West, a distance of 170.00 feet to a ½” inch Iron Pipe found;
South 12° 45’ 27” West, a distance of 115.00 feet to a ¾” Iron Pipe found at the southwesterly corner of said 0.447 acre tract, in the southerly line of said Reserve “A”, and in the northerly right-of-way line of Briggs Road (80’ public right-of-way) as dedicated in said Plat Book 31, Page 25 and expanded in Brookshire South, a subdivision of record in Plat Book 34, Page 90;
Thence with said northerly right-of-way line the following courses:
North 77° 09’ 53” West, a distance of 657.03 feet to an Iron Pin set at a point of curvature;
With a curve to the right, having a central angle of 89° 55’ 20”, a radius of 20.00 feet, an arc length of 31.39 feet, and a chord which bears North 32° 12’ 13” West, for a distance of 28.27 feet to an Iron Pin set in the easterly right-of-way line of said Bronwyn Avenue;
Thence North 12° 45’ 27” East, with said easterly right-of-way line, a distance of 280.03 feet to THE POINT OF BEGINNING, containing 4.772 acres, more to less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an assisted living facility or those uses allowed by the CPD, Commercial Planned Development District in accordance with Ordinance #0963-96 (Z95-133) and the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING SITE PLAN," signed by Jarrod Burgess, Applicant, and dated October 9, 2025, except that a traffic access study shall be submitted, reviewed, and approved by the Department of Public Service prior to approval of any proposed access to Briggs Road. Any commitments identified by the traffic access study would need to be implemented in conjunction with the establishment of such access. In the event that the Department of Public Service determines upon review of the traffic access study that access to Briggs Road will not be permitted, the access to Briggs Road shown on the plan will be void and access to the site will need to be taken only from Bronwyn Avenue. 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 development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.