Explanation
Council Variance Application: CV25-042
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.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 4.32± acre site consists of five parcels developed with single-unit dwellings and accessory buildings in the R-1, Residential District. The applicant proposes to develop the site with a multi-unit residential development consisting of 120 units for seniors. The variance is necessary because multi-unit residential uses are not allowed in the R-1, Residential District, and this request will allow the applicant to pursue competitive funding from the Ohio Housing Finance Agency (OHFA), conditioned upon filing a follow-up rezoning of the property to an appropriate zoning district for this use. The Northeast Area Plan (2007) recommends “Open Space” land uses at this location. Multi-unit residential development is inconsistent with this recommended land use; however, staff notes the existing residential use of the site, lack of public ownership of the parcels that constitute the site, and the institutional character of the proposed use as mitigating factors for support of the proposed use, and is therefore supportive of the request. The proposal is also consistent with the City’s goal of creating more housing in all areas of the city. This ordinance includes a condition that a Certificate of Zoning Clearance will not be issued until rezoning of the property is completed. Comments related to site design, building design, and other matters for the project will be provided at the time of rezoning.
Title
To grant a Variance from the provisions of Section 3332.03, R-1 residential district., of the Columbus City Codes; for the property located at 4000-4022 WESTERVILLE RD. (43224), to allow multi-unit residential uses in the R-1, Residential District (Council Variance #CV25-042).
Body
WHEREAS, by application #CV25-042, the owner of property at 4000-4022 WESTERVILLE RD. (43224), is requesting a Council variance to allow multi-unit residential uses in the R-1, Residential District; and
WHEREAS, Section 3332.03, R-1 residential district, does not allow multi-unit residential development uses, while the applicant proposes to develop the site with a multi-unit residential development; and
WHEREAS, the Northeast East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance because the proposal will allow the applicant to apply for Ohio Housing Finance Agency (OHFA) funding prior to a follow-up rezoning of the property to an appropriate zoning district for the proposed multi-unit residential development. Staff notes that the existing residential use of the site, lack of public ownership of the parcels that constitute the site, and the institutional character of the proposed use mitigate the inconsistency with the land use recommendations of the Northeast Area Plan. The proposal is also consistent with the City’s goal of creating more housing in all areas of the city; and
WHEREAS, this ordinance requires a rezoning application to be filed 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 4000-4022 WESTERVILLE RD. (43224), 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 Section 3332.03, R-1 residential district, is hereby granted for the property located at 4000-4022 WESTERVILLE RD. (43224), insofar as said section prohibits multi-unit residential uses in the R-1, Residential District; said property being more particularly described as follows:
4000-4022 WESTERVILLE RD. (43224), being 4.32± acres located on the east side of Westerville Road at the terminus of Saville Row, and being more particularly described as follows:
Parcel 010-104561 (4022 Westerville Road, Columbus, OH 43224)
Situated in the County of Franklin in the State of Ohio and the City of Columbus:
Being in the Second Quarter of Township 1, Range 17, U.S.M. Lands bounded and described as follows:
Beginning at a point in the center of the Columbus and Westerville Road South 26 degrees 27 minutes West 2463.98 feet from the intersection of the centerline of said road with the North line of Mifflin Township (Morse Road); thence South 63 degrees 33 minutes East (passing an iron pipe at 30 feet) along a South line of Winding Hollow Country Club land 420.94 feet to an iron pipe in a corner of said tract (being also the Northeast corner of Emma May North Tract); thence South 7 degrees 4 minutes West along a West line of said Country Club land and the East line of the Emma May North Tract 109.2 feet to an iron pipe; thence North 66 degrees 3 minutes West (passing an iron pipe at 427.2 feet) 457.0 feet to a point in the center of said road; thence North 26 degrees 27 minutes East along the center of said road 122.7 feet to the place of beginning, containing 1.141 acres, more or less.
Parcel 010-283432 (4014 Westerville Road, Columbus, OH 43224)
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 2, Township 1, Range 17, United States Military Lands and being part of the 1.326 acre tract conveyed to Jo Ann Reichert by deed of record in Deed Book 3113, Page 519, all references being to those of record in the Recorder’s Office, Franklin County, Ohio and more particularly described as follows:
Beginning at a magnetic nail set in the centerline of Westerville Road (State Route 3) at the common corner of said 1.326 acre tract and the 1.141 acre tract conveyed to Hung H. Nguyen by deed of record in Instrument Number 199801200012691;
Thence South 61°26’26” East, a distance of 303.05 feet, with the line common to said 1.326 and 0.500 acre tract conveyed to James S. & Jo Ann Reichert by deed of record in Official Record 06065 D20.
Thence South 22°03’45” West, a distance of 95.04 feet, with the line common to said 1.326 and 0.500 acre tracts, to an iron pin set;
Thence North 61°26’26” West, a distance of 317.14 feet, across said 1.326 acre tract, to a magnetic nail set in the said centerline of Westerville Road;
Thence North 30°35’00” East, a distance of 94.49 feet, with the centerline of Westerville Road, to the point of beginning, containing 0.672 acre, more or less.
Subject however to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT Inc.
The bearings shown hereon are based on the bearing of North 30°35’00” East for the centerline of Westerville Road (State Route 3) as delineated in the deed of record in Deed Book 3113, Page 519.
Parcel 010-104562 (4004 Westerville Road, Columbus, OH 43224)
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 2, Township 1, Range 17, United States Military Lands and being part of the 1.326 acre tract conveyed to Jo Ann Reichert by deed of record in Deed Book 3113, Page 519, all references being to those of record in the Recorder’s Office, Franklin County, Ohio and more particularly described as follows:
Beginning at a magnetic nail set in the centerline of Westerville Road (State Route 3) at the common corner of said 1.326 acre tract and the 1.304 acre tract conveyed to James S. Reichert by deed of record in Official Record 29803 F07 and Official Record 29803 F08;
Thence North 30°35’00” East, a distance of 92.48 feet, with the centerline of Westerville Road, to a magnetic nail set;
Thence South 61°26’26” East, a distance of 317.14 feet, across said 1.326 acre tract, to an iron pin set in the line common to said 1.326 acre tract and the 0.500 acre tract conveyed to James S. & Jo Ann Reichert by deed of record in Official Record 06065 D20;
Thence South 22°03’45” West, a distance of 67.06 feet, with the line common to said 1.326 and 0.500 acre tracts, to a 3/4” iron pipe found in the Northerly line of said 1.304 acre tract at a common corner of said 1.326 and 0.500 acre tracts;
Thence North 71°24’00” West, a distance of 177.80 feet, with a line common to said 1.326 and 1.304 acre tracts, to an iron pin set;
Thence North 59°35’00” West, a distance of 152.95 feet, continuing with a line common to said 1.326 and 1.304 acre tracts, to the point of beginning, containing 0.653 acre, more or less.
Subject however to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT Inc.
The bearings shown hereon are based o the bearing of North 30°35’00” East for the centerline of Westerville Road (State Route 3) as delineated in the deed of record in Deed Book 3113, Page 519.
Parcel 010-104571 (4000 Westerville Road, Columbus, OH 43224)
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being in the second quarter of Township 1, Range 17, U.S.M. Lands containing 1.304 acres, more or less, as the same is numbered and delineated upon the recorded plat thereof, of record in Volume 2980F08, Recorder’s Office, Franklin County, Ohio.
Beginning at a point in the center line of the CCC’s Highway and at the southwest corner of the Emma May North tract (a northeast corner of the Winding Hollow Gold Course tract); thence along the center line of said highway, north 26 deg. 27’ East, 153.3 feet to a point; thence south 62 deg. 55’ East (passing an iron pipe at 35.7 feet), 151.9 feet to an iron pin; thence south 75 deg. 01’ east 352.8 feet to an iron pipe in a west line of the Winding Hollow Gold Course tract; thence along the boundary of said tract as follows: South 8 deg. 14’West 50 feet to an iron pipe found; north 88 deg. 07’West, 386.9 feet to an iron pipe found; North 68 deg. 13’West (passing an iron pipe by an old post at 126.9 feet) 162.7 feet to the place of beginning, containing 1.304 acres, more or less.
Parcel 010-104576 (Westerville Road, Columbus, Ohio 43224)
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being in the second quarter of Township 1, Range 17, U.S.M. Lands containing not less than one-half acre, as the same is numbered and delineated upon the recorded plat thereof, of record in Volume 6065D20, Recorder’s Office, Franklin County, Ohio.
Beginning at the southeast corner of the Noble Z and Bertha E. Close tract (being also the northeast corner of the Emma May North tract); thence north 66 deg. 03’ west 150 feet to a point on the N.Z. and Bertha E. Close tract property line (being also a north line of the Emma May North tract); thence southward 163.7 feet to the south property line of the Emma May North tract (being also a north line of the Florence Smith Heirs tract), and to a point on said property line, said point being 175 feet west of the nearest west property line of the Winding Hollow Gold course tract; thence south 75 deg. 01’ east 175 feet to an iron pipe found at the southeast corner of the said Ema May North tract (being also the northeast corner of the Florence Smith Heirs tract), said iron pipe also being on the adjoining west line of the Winding Hollow Golf Course tract; thence north 8 deg. 14’ east along the eastern property line of the Emma May North tract having an orientation of south 8 deg. 14’ west) to the place of beginning, containing not less than one-half acre.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a multi-unit residential development, and/or those uses in the R-1, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant filing and completing an application to rezone the subject property with City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA) or other affordable housing funding source, or within three years of the effective date of this ordinance, whichever occurs first.
SECTION 4. That this ordinance is further conditioned on no Certificate of Zoning Clearance being granted until the required rezoning of the property has been completed.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.