Explanation
Rezoning Application Z24-078
APPLICANT: EREG Housing Preservation LLC, c/o Thaddeus M. Boggs, Atty.; 10 West Broad Street, Fl. 23; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on July 10, 2025.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.96± acre site consists of a single parcel developed with a telecommunications tower in the CPD, Commercial Planned Development District. The requested AR-3, Apartment Residential District will allow for multi-unit residential development. This rezoning request fulfills a required condition of Ordinance #0478-2025 (CV24-168), passed Marh 3, 2025, to acquire proper zoning for a proposed affordable senior assisted living facility (rest home). The site is within the planning area of the South East Land Use Plan (2018), which recommends “Mixed Use 1 (16-24 du/acre)” land uses at this location. The proposed AR-3, Apartment Residential District is consistent with the Plan’s recommended land use. A concurrent Council Variance (CV25-071) is also pending for variances to conform an existing monopole telecommunications antenna, and to potentially reduce the required rear yard and required number of parking spaces. As the applicant is still refining the site plan for the proposed senior assisted living project, that ordinance will be submitted to City Council in the near future. The requested AR-3 district is supported as it is consistent with the South East Land Use Plan’s recommended land use, and the City’s objective of creating more housing in all neighborhoods throughout Columbus.
Title
To rezone 3639 GENDER RD. (43110), being 3.96± acres located on the west side of Gender Road, 200± feet south of Upperridge Drive, From: CPD, Commercial Planned Development District, To: AR-3, Apartment Residential District and to declare an emergency (Rezoning #Z24-078).
Body
WHEREAS, application #Z24-078 is on file with the Department of Building and Zoning Services requesting rezoning of 3.96± acres from CPD, Commercial Planned Development District, to AR-3, Apartment Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the Greater South East Area Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested AR-3, Apartment Residential District will multi-unit residential development that is consistent with the land use recommendations of the South East Land Use Plan. The proposal also meets the City’s objective to provide more housing in all neighborhoods throughout Columbus; 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 promptly obtain further approvals for building permits and 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:
3639 GENDER RD. (43110), being 3.96± acres located on the west side of Gender Road, 200± feet south of Upperridge Drive, and being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus, being in the Northwest Quarter of Section 1, Township 11, Range 21, Congress Lands, and being part of the original 124.050 acre tract conveyed to Martha J. Lamp and Joan Kotz, by deed of record in O.R. 2893G19, records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows;
Beginning for reference at an iron pin at the point of intersection of the westerly limited access right-of-way line of Gender Road (as established by a deed to the County of Franklin, of record in Deed Book 3206, page 1) with the southerly right-of-way line of Upperridge Drive;
Thence N 86° 09’ 13” W, a distance of 150.00 feet along the southerly right-of-way line of Upperridge Drive to the point of true beginning;
Thence the following two (2) courses and distances across the said original 124.050 acre tract:
1. Thence S 3° 50’ 47” W, a distance of 145.00 feet, to a point;
2. Thence S 86° 09’ 13” E, a distance of 150.00 feet, to a point in the said westerly limited access right-of-way line at Gender Road;
Thence S 3° 50’ 47” W, a distance of 249.50 feet, along the said westerly limited access right-of-way line of Gender Road to a point;
Thence the following four (4) courses and distances across the said original 124.050 acre tract:
1. Thence N 85° 30’ 09” W, a distance of 200.00 feet, to a point;
2. Thence S 3° 50’ 47” W, a distance of 44.97 feet, to a point;
3. Thence N 85° 30’ 09” W, a distance of 315.17 feet, to a point;
4. Thence N 4° 29’ 51” E, a distance of 398.59 feet, to a point in the southerly right-of-way line of Upperridge Drive;
Thence the following two (2) courses and distances along the southerly right-of-way line of Upperridge Drive:
1. Thence along a curve to the right having a radius of 830.00 feet, a central angle of N 16° 45’ 15” the chord to which bears N 85° 30’ 47” E, a chord distance of 241.84 feet, to a point of tangency;
2. Thence S 86° 09’ 13” E, a distance of 121.32 feet, to the point of true beginning containing 4.370 acres, more or less, and being subject to all easements, restrictions and right-of-ways of record.
The bearings for the above description were based on the bearing datum for Countryview Village Section 2, of record in Plat Book 67, page 89.
LESS AND EXCEPT a 0.910 acre tract being that portion of property conveyed to KeyBank National Association from T & R Development, Inc., an Ohio corporation by Warranty Deed by a Corporation dated January 30, 2006 and recorded February 7, 2006 in Instrument No.200602070024842, the remainder being 3.96 acres.
To Rezone From: CPD, Commercial Planned Development District,
To: AR-3, Apartment Residential District.
SECTION 2. That a Height District of thirty-five (60) feet is hereby established on the AR-3, 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 changes on the said official zoning map in the office of the Department of Building and Zoning Services.
SECTION 4. That the applicant shall satisfy the requirements of the Parkland Dedication Ordinance at Final Site Compliance to the satisfaction of the Columbus Recreation and Parks Department.
SECTION 5. That the traffic-related commitments for this site shall be established by and contained in the ordinance commitments for Council Variance Application #CV25-071 to the satisfaction of the Department of Public Service, Division of Traffic Management.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. 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.