Explanation
Rezoning Application: Z25-001
APPLICANT: Thrive Companies; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Robert Castor, Atty.; Thrive Companies; 842 North Fourth Street, Suite 200; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on June 12, 2025.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site, collectively known as Founder’s Park, is a mixed-use development that is subject to Ordinance #1940-2021 (Z21-030) and Ordinance #1941-2021 (CV21-040), both passed July 26, 2021, which established eight subareas, allowed reduced development standards, and included commitments to develop the site in accordance with submitted site plans. This request will update the zoning district boundaries that were previously approved by Z21-030 for Subarea C, (C-4, Commercial District) and Subarea F, (R, Rural District). Additionally, this request will create a new subarea, Subarea D-2, to be rezoned from AR-1, Apartment Residential District to AR-3, Apartment Residential District which will allow higher density multi-unit residential development. Staff supports the updated zoning boundaries and the new AR-3 district as the proposal is consistent with the overall density and the existing mix of uses within the development known as Founder’s Park. Concurrent Council Variance (Ordinance #1859-2025; CV25-001) reiterates the previously approved variances from CV21-040 for Subareas A, B, C, D, D-1, E, F, and G, and includes variances to landscaping and screening, required parking, fronting, and rear yard, for a 60-unit apartment building on Subarea D-2.
Title
To rezone 531 W. 5TH AVE. (43201), being 9.91± acres located primarily at the southwest corner of West Fifth Avenue and Perry Street, From: C-4, Commercial District, R, Rural District, and AR-1, Apartment Residential District, To: C-4, Commercial District, R, Rural District, and AR-3, Residential District (Rezoning #Z25-001).
Body
WHEREAS, application #Z25-001 is on file with the Department of Building and Zoning Services requesting rezoning of 9.91± acres from C-4, Commercial District, R, Rural District, and AR-1, Apartment Residential District, to C-4, Commercial District, R, Rural District, and AR-3, Residential District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the request will result in a multi-unit residential development that is consistent with the existing mixed-use development known as Founder’s Park; 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:
531 W. 5TH AVE. (43201), being 9.91± acres located primarily at the southwest corner of West Fifth Avenue and Perry Street, and being more particularly described as follows:
SUBAREA C (C-4, COMMERCIAL DISTRICT) 5.06 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Half Section 5 and 6, Township 5, Range 22, Refugee Lands, being a portion of land located between lots 5 and 8 of Wm. Neil’s Heirs Land, as delineated in Plat Book 3 Page 168, and all of the vacated right-of-way of an alley, vacated in City of Columbus Ordinance No. 2406-81, and part of the vacated right-of-way of Vermont Avenue, vacated in City of Columbus Ordinance No. 697-68, and being all of Lots 37 through 48 of the Markland Addition, as dedicated in Plat Book 4, Page 376, being all of Lots 74 through 81 of The Markland Addition Extension, as dedicated in Plat Book 7, Page 70, and being part of Lots 31 through 36 and Lots 69 through 73 of said The Markland Addition Extension, and being part of the remainder of a 5.130 acre tract as conveyed to Founders Park Apartments, LLC in Instrument Number 201812140168946, all being of record in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at the northeasterly corner of said remainder of a 5.130 acre tract, same being the intersection of the westerly line of Perry Street (60’), as depicted in Plat Book 4 Page 164, and the southerly line of West Fifth Avenue (60’) as delineated in Deed Book 223, Page 89;
Thence along said westerly right-of-way line and the easterly line of said remainder of a 5.130 acre tract, South 03°03’08” West, 400.6 feet to the southeasterly corner of said remainder of a 5.130 acre tract and the northeasterly corner of the Townhomes on Perry Condominium as declared in Instrument Number 202206060084174 and depicted in Condominium Plat Book 301, Page 562;
Thence along the southerly line of said remainder of a 5.130 acre tract, along the northerly line of said Townhomes on Perry Condominium, along the northerly line of the Townhomes on Perry Condominium First Amendment as declared in Instrument Number 202305230049993 and depicted in Condominium Plat Book 303, Page 45, along the northerly line of a remainder of a 2.052 acre tract conveyed to Townhomes on Perry, LLC in Instrument Number 202104290076413, and along a northerly line of a 4.200 acre tract as conveyed to The Harrison Market Community Authority in Instrument Number 201812140168953, North 86°56’52” West, 513.4 feet to the southwesterly corner of said remainder of a 5.130 acre tract and a northeasterly corner of said 4.200 acre tract;
Thence along a westerly line of said remainder of a 5.130 acre tract, along an easterly line of said 4.200 acre tract, and across said remainder of a 5.130 acre tract North 03°03’08” East, 47.2 feet to a point;
Thence continuing across said remainder of a 5.130 acre tract North 86°56’52” West, 46.1 feet to a point on a westerly line of said remainder of a 5.130 acre tract and on an easterly line of said 4.200 acre tract;
Thence in part continuing along an easterly line of said 4.200 acre tract, in part along a westerly line of said remainder of a 5.130 acre tract, and along the easterly line of a 1.860 acre tract as conveyed to Harrison West Senior Living, LLC in Instrument Number 201908190105131, North 03°03’07” East, 335.4 feet to a point on the southeasterly corner of a 0.004 acre tract conveyed the CITY OF COLUMBUS, OHIO in Instrument Number 20190510054672, the southwesterly corner of a 0.034 acre tract conveyed to the CITY OF COLUMBUS, OHIO in Instrument Number 20190510054670, and a northeasterly corner of said remainder of a 5.130 acre tract, also being on a southerly right-of-way line of said West Fifth Avenue;
Thence along the shared line between said 0.034 acre tract, said remainder of a 5.130 acre tract, and said southerly right-of-way line, the following x (x) courses:
1) South 86°56’05” East, 70.4 feet to a point;
2) North 37°22’27” East, 13.9 feet to a point;
3) South 86°56’05” East, 21.5 feet to a point;
4) North 03°03’55” East, 6.5 feet to a point on the northeasterly corner of said 0.034 acre tract;
Thence continuing along said southerly right-of-way line and the northerly line of said remainder of a 5.130 acre tract, South 86°56’05” East, 459.8 feet to the TRUE POINT OF BEGINNING, containing 5.06 acres, more or less.
To Rezone From: C-4, Commercial District and R, Rural District,
To: C-4, Commercial District.
SUBAREA D-2 (AR-3, APARTMENT RESIDENTIAL DISTRICT) 0.66± ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Half Section 5, Township 5, Range 22, Refugee Lands, being part of the vacated right-of-way of Fourth Avenue and part of the 20 foot alley located between Lots 25 through 36 of Markland Addition, as dedicated in Plat Book 4, Page 376 and vacated by Ordinance Number 2110-2017 recorded in Instrument Number 201709280135574, and being all of Lots 65 and 66 and parts of Lot 64, Lot 67, and Lots 70 through 73 of the Markland Addition Extension, as dedicated in Plat Book 7 Page 70, and being part of the Townhomes on Perry Condominium Second Amendment of record in Condominium Plat Book 303, Page 414 and declared in Instrument Number 202310110106770, part of the remainder of a 2.052 acre tract conveyed to Townhomes on Perry, LLC in Instrument Number 202104290076413 and part of a 4.200 acre tract conveyed to THE HARRISON MARKET COMMUNITY AUTHORITY in Instrument Number 201812140168953, all being of record in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
COMMENCING at the intersection of the southerly right-of-way line of West Fifth Avenue (60 foot width) as dedicated in Deed Book 223, Page 89 and the westerly right-of-way line of Perry Street (60 foot width) as dedicated in Plat Book 4, Page 164;
Thence along the westerly right-of-way line of said Perry Street, South 03°03’08” West, 400.6 feet to a point;
Thence leaving said westerly right-of-way line and along the southerly line of a 5.130 acre tract conveyed to FOUNDERS PARK APARTMENTS, LLC in Instrument Number 201812140168946, along the northerly line of the Townhomes on Perry Condominium of record in Condominium Plat Book 301, Page 562 and declared in Instrument Number 202206060084174, along the northerly line of the Townhomes on Perry Condominium First Amendment of record in Condominium Plat Book 303, Page 45 and declared in Instrument Number 202305230049993, and along the northerly line of said Townhomes on Perry Condominium Second Amendment, North 86°56’52” West, 241.5 feet to the TRUE POINT OF BEGINNING;
Thence across said Townhomes on Perry Condominium Second Amendment, South 03°02’27” west, 183.5 feet to a point on the northerly line of a 0.410 acre tract conveyed to HARRISON MARKET COMMUNITY AUTHORITY in Instrument Number 202108310155132 and the southerly line of said Townhomes on Perry Condominium Second Amendment;
Thence along the southerly line of said Townhomes on Perry Condominium Second Amendment, along the northerly line of said 0.410 acre tract, and along the southerly line of said 2.052 acre remainder tract, North 86°25’29” West, 93.5 feet to a point;
Thence along an easterly line of said 2.052 acre remainder tract, along the westerly line of said 0.410 acre tract, and along an easterly line of said 4.200 acre tract, South 03°03’08” West, 53.3 feet to a point;
Thence continuing across said 4.200 acre tract for the following two (2) courses:
1) North 86°25’29” West, 31.5 feet to a point;
2) North 03°03’02” East, 46.6 feet to a point on a southerly line of said 2.052 acre remainder tract and a northerly line of said 4.200 acre tract;
Thence along the southerly line of said 2.052 acre remainder tract, along the northerly line of said 4.200 acre tract, and across said 4.200 acre tract, North 86°56’49” West, 22.5 feet to a point;
Thence continuing across said 4.200 acre tract and along a westerly line of said 2.052 acre remainder tract and an easterly line of said 4.200 acre tract, North 02°49’36” East, 189.0 feet to a point on the southerly line of said 5.130 acre tract;
Thence along the northerly line of said 2.052 acre remainder tract, the northerly line of said Townhomes on Perry Condominium Second Amendment, and the southerly line of said 5.130 acre tract, South 86°56’32” East, 148.2 feet to the TRUE POINT OF BEGINNING, containing 0.66 acres, more or less.
To Rezone From: AR-1, Apartment Residential District,
To: AR-3, Apartment Residential.
SUBAREA F (R, RURAL DISTRICT) 4.19± ACRES:
Situated in the Stat of Ohio, County of Franklin, City of Columbus, being in Half Sections 5 and 6, Township 5, Range 22, Refugee Lands, being all of Lots 49 through 54 (inclusive), all of Lots 59 through 62 (inclusive), all of Lot 68, and part of Lots 53 through 55, 58, and Lots 67 through 70 (inclusive) of The Markland Addition Extension of record in Plat Book 7, Page 70, being part the right-of-way vacated per Ordinance 1973-96 as recorded in Instrument 201709280135574, being part of the right-of-way vacated per Ordinance 2110-2017 as recorded in Instrument Number 201709280135574, being part of Lot 5 and the tract of land between Lot 5 and Lot 8 of Wm. Neil’s Heirs Land, as dedicated in Plat Book 3 Page 168, being part of a 4.200 acre tract as conveyed to The Harrison Market Community Authority in Instrument Number 201812140168953, being part of a 5.130 acre tract as conveyed to Founders Park Apartments, LLC in Instrument Number 201812140168946, all being of record in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
COMMENCING at the northeasterly corner of said 5.130 acre tract, also being the intersection of the westerly right-of-way line of Perry Street (60 foot width) as depicted in Plat Book 4, Page 164, and the southerly right-of-way line of West Fifth Avenue (60 foot width) as depicted in Deed Book 223, Page 89;
Thence along said southerly right-of-way line, North 86°56’05” West, 1290.8 feet to a northeasterly corner of said 4.200 acre tract and the northwesterly corner of a 2.063 acre tract as conveyed to Perry Street Hotel Acquisitions, LLC in Instrument Number 201812140168942, said pin also being the TRUE POINT OF BEGINNING for the parcel herein described;
Thence with the common lines of said 4.200 acre tract and said 2.063 acre tract, the following nine (9) courses:
1) South 03°03’55” West, 82.7 feet to a point;
2) South 21°37’45” East, 21.5 feet to a point;
3) South 29°38’08” East, 97.6 feet to a point;
4) South 62°12’19” East, 49.9 feet to a point;
5) South 84°40’03” East, 78.9 feet to a point;
6) South 86°56’05” East, 185.1 feet to a point;
7) South 41°52’07” East, 24.0 feet to a point;
8) South 03°07’53” West, 28.2 feet to a point;
9) South 71°24’16” East, 56.1 feet to the southeasterly corner of said 2.063 acre tract the southwesterly corner of a 1.860 acre tract as conveyed to Harrison West Senior Living, LLC in Instrument Number 201905100054672;
Thence along the southerly line of said 1.860 acre tract and the northerly line of said 4.200 acre tract, South 86°56’52” East, 149.0 feet to a point;
Thence along a westerly line of said 1.860 acre tract and along an easterly line of said 4.200 acre tract, South 03°03’08” West, 23.6 feet to a point;
Thence along the southerly line of said 1.860 acre tract and the northerly line of said 4.200 acre tract, South 86°56’52” East, 140.5 feet to a point on the westerly line of said 5.130 acre tract and being the southeasterly corner of said 1.860 acre tract;
Thence along the easterly line of said 4.200 acre tract and the westerly line of said 5.130 acre tract, South 03°03’08” West, 61.4 feet to a point;
Thence across said 5.130 acre tract, the following two (2) courses:
1) South 86°56’52” East, 46.1 feet to a point;
2) In part along an easterly line of said 4.200 acre tract and the westerly line of said 5.130 acre tract, South 03°03’08” West, 47.2 feet to the northeasterly corner of said 4.200 acre tract and a southwesterly corner of said 5.130 acre tract;
Thence along the southerly line of said 5.130 acre tract, and along a northerly line of said 4.200 acre tract, South 86°56’52” East, 123.7 feet to an the northwesterly corner of a 2.052 acre tract as conveyed to Townhomes on Perry, LLC in Instrument Number 202104290076413;
Thence along an easterly line of said 4.200 acre tract, along the westerly line of said 2.052 acre tract, and across said 4.200 acre tract, South 02°43’36” West, 189.0 feet to a point;
Thence continuing across said 4.200 acre tract and then along the southerly line of said 2.052 acre tract and a northerly line of said 4.200 acre tract, South 86°56’53” East, 16.6 feet to a point;
Thence across said 4.200 acre tract, South 03°03’19” West, 46.5 feet to a point;
Thence continuing across said 4.200 acre tract and then along the southerly line of a 0.410 acre tract conveyed to HARRISON MARKET COMMUNITY AUTHORITY in Instrument Number 202108310155132 and a northerly line of said 4.200 acre tract, South 86°25’29” East, 92.9 feet to a point on a northeasterly corner of said 4.200 acre tract and the northwesterly corner of the M/I Homes at Founders Park Condominium Tenth Amendment as declared in Instrument Number 202209260136192 and depicted in Condominium Plat Book 301, Page 571;
Thence along an easterly line of said 4.200 acre tract, along the westerly line of said M/I Homes at Founders Park Condominium Eleventh Amendment, along the westerly line of the M/I Homes at Founders Park Condominium Eleventh Amendment as declared in Instrument Number 202208090115374 and depicted in Condominium Plat Book 301, Page 726, along the westerly line of the M/I Homes at Founders Park Condominium Ninth Amendment Part Two as declared in Instrument Number 202204050051940 and depicted in Condominium Plat Book 301, Page 403; along the westerly line of the M/I Homes at Founders Park Condominium Seventh Amendment as declared in Instrument Number 202111030200494 and depicted in Condominium Plat Book 301, Page 1, along the westerly line of the M/I Homes at Founders Park Condominium Sixth Amendment Part 2 as declared in Instrument Number 202107150124670 and depicted in Condominium Plat Book 296, Page 58, and along the westerly line of the M/I Homes at Founders Park Condominium Fifth Amendment Part Two as declared in Instrument Number 202105250092008 and depicted in Condominium Plat Book 295, Page 93, and along an easterly line of said 1.800 acre tract, South 03°34’31” West, 356.5 feet to a northeasterly corner of a 1.800 acre tract conveyed to the City of Columbus in Instrument Number 201812140168952;
Thence along the northerly line of said 1.800 acre tract and along the southerly line of said 4.200 acre tract, North 86°58’39” West, 117.2 feet to a point at the southwesterly corner of said 4.200 acre tract, the northwesterly corner of said 1.800 acre tract, and on the easterly line of a tract conveyed to Charles F. Hansberger in Deed Book 347, Page 306;
Thence along the westerly line of said 4.200 acre tract and along the easterly line of a tract conveyed to Charles F. Hansberger in Deed Book 347, Page 306, North 03°02’57” East, 82.0 feet to a southwesterly corner of said 4.200 acre tract and the northeasterly corner of said Hansberger tract conveyed in Deed Book 347, Page 306;
Thence along a southerly line of said 4.200 acre tract and the northerly line of said Hansberger tract conveyed in Deed Book 347, Page 306, North 86° 25’ 29” West, 115.1 feet to a point on the centerline of the Olentangy River, being the northwesterly corner of said Hansberger tract, and the southwesterly corner of said 4.200 acre tract, and being on the easterly line of a 16.52 acre tract, as conveyed to the City of Columbus, as recorded in Deed Book 954 Page 511, and also being on the westerly line of said Lot 5, and the easterly line of said Lot 8;
Thence along the centerline of the Olentangy River, the easterly line of said 16.52 acre tract, the easterly line of said Lot 8, the westerly line of said Lot 5, and the perimeter of said 4.200 acre tract, the following 4 (four) courses:
1) North 03° 59’ 23” West, 85.5 feet, to a point;
2) North 06° 49’ 47” West, 64.3 feet, to a point;
3) North 13° 07’ 37” West, 86.6 feet, to a point;
4) North 34° 23’ 10” West, 96.1 feet, to a point, being the southwesterly corner of a 3.658 acre tract as conveyed to the City of Columbus, as recorded in Deed Book 1040 Page 85, and westerly corner of said Lot 5 and on the easterly line of said 16.52 acre tract, and easterly corner of said Lot 8;
Thence along the southerly line of said 3.658 acre tract, and a tract of land as shown between Lot 8 and Lot 5 of said Wm. Neil’s Heirs Land, and the northerly line of said Lot 5 and along the perimeter of said 4.200 acre tract, South 86° 24’ 21” East, 29.22 feet to a point at the southeasterly corner of said 3.658 acre tract;
Thence across said tract between Lot 8 and Lot 5 and along the westerly line of said 4.200 acre tract, and the easterly line of said 3.658 acre tract, North 03°03’09” East, 149.7 feet to a point at the northeasterly corner of said 3.658 acre tract;
Thence continuing across said tract between Lot 8 and Lot 5, and along the northerly line of said 3.658 acre tract, and the southerly line of said 4.200 acre tract, the following 3 (three) courses:
1) North 52° 23’ 25” West, 42.4 feet to a point of curvature;
2) Along a curve to the left, having a radius of 1270.00 feet, a delta angle of 25° 18’ 47”, an arc length of 561.1 feet, and a chord bearing and distance of North 65° 02’ 48” West, 556.5 feet to a point of tangency;
3) North 77° 49’ 35” West, 89.1 feet to a point of curvature, being the southeasterly corner of a 0.205 acre tract as conveyed to the State of Ohio by deed as recorded in Deed Book 2824 Page 393, designated as parcel 3-WL (FRA-315-0.39), as shown in ODOT Right-of-Way plans, also being the northerly corner of a 7.047 acre tract as conveyed to the State of Ohio by deed as recorded in Deed Book 2801 Page 549, designated as parcel 2-WL (FRA-315-0.39), as shown in ODOT Right-of-Way plans;
Thence continuing across said tract between Lot 8 and Lot 5, and along the easterly line of said 0.205 acre tract, and Limited Access Right-of-Way line, and the westerly line of said 4.200 acre tract the following 4 (four) courses:
1) Along a curve to the right having a radius of 59.62 feet, a delta angle of 40° 37’ 03”, an arc length of 42.3 feet, and a chord bearing and distance of North 57° 31’ 04” West, 41.4 feet, to a point of tangency;
2) North 37° 20’ 23” West, 84.7 feet, to a point of curvature;
3) Along a curve to the right having a radius of 59.96 feet, a delta angle of 40° 21’ 19”, an arc length of 42.2 feet, and a chord bearing and distance of North 17° 09’ 44” West, 41.4 feet to a point of tangency;
4) North 03° 02’ 42” East, 85.0 feet to a point on the southerly right-of-way line of said West Fifth Avenue, being the southerly line of a tract as conveyed to City of Columbus, as recorded in Deed Book 223 Page 89, and being on the northerly line of the remainder of said original 8.465 acre tract;
Thence continuing across said tract between Lot 8 and Lot 5, and along the southerly line of said City of Columbus tract, and said West Fifth Avenue and the northerly line of the remainder of said 8.465 acre tract and along the perimeter of said 4.200 acre tract, South 86°56’05” East, 43.63 feet to an iron pin set, said pin being the POINT OF TRUE BEGINNING, containing 4.19 acres, more or less.
To Rezone From: R, Rural District and AR-1, Apartment Residential District,
To: R, Rural District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the R, Rural District; and a Height District of sixty (60) feet is hereby established on the C-4, Commercial District, and 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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.