Explanation
Council Variance Application: CV21-094
APPLICANT: Woda Cooper Cos., Inc.; c/o Dave Perry, Agent; David Perry Company; 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: Senior housing apartment building.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a portion of a parcel which will be split from Parcel #010-111574, and is undeveloped and zoned in the C-4, Commercial District. The applicant requests a Council variance to permit the development of an 81-unit apartment building (26.06 du/ac). Variances to permit a 45 foot tall building in a 35 foot height district, to reduce the required area and radii for parking lot islands, and to reduce the required number of parking spaces from 122 to 115 provided spaces are also included in this request. The site is located within the boundaries of the Scioto Southland Plan (2007), which recommends “Mixed-Use Regional Commercial” land uses at this location, which is consistent with the proposal. Additionally, the Plan includes early adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). This proposed development will be subject to a competitive funding process by the Ohio Housing Finance Agency 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 #Z22-002, a request for the AR-1, Apartment Residential District, has been filed and is in the formal review process.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted uses; 3309.14, Height districts; 3312.21(A)(2), Landscaping and screening; and 3312.49 Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 70 OBETZ RD. (43207), to permit a senior housing apartment building with reduced development standards in the C-4, Commercial District (Council Variance #CV21-094).
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WHEREAS, by application #CV21-094, the owner of property at 70 OBETZ RD. (43207), is requesting a senior housing apartment building with reduced development standards in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted uses, does not permit ground floor residential uses, while the applicant proposes an 81-unit apartment building; and
WHEREAS, Section 3309.14, Height districts, requires that within a 35 foot height district, no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes an apartment building with a height of 45 feet; and
WHEREAS, Section 3312.21(A)(2), Landscaping and screening, requires that interior parking lot trees shall be planted in landscaped islands or peninsulas containing a minimum soil area of 145 square feet per tree with a minimum radius of 4 feet, while the applicant proposes three parking lot tree islands with soil areas of 104, 135, and 137 square feet with the island containing 104 square feet having a radius of 3 feet, and six parking lot islands with two trees each with soil areas of 232 square feet (116 square feet per tree) and radii of 3.5 feet; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, or 122 spaces for 81 units, while the applicant proposes 115 spaces; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will help facilitate state funding requirements. Additionally, the Applicant is required to complete Rezoning Application #Z22-002 as a condition of this ordinance; 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 70 OBETZ RD. (43207), 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; 3309.14, Height districts; 3312.21(A)(2), Landscaping and screening; and 3312.49 Minimum numbers of parking spaces required, of the Columbus City Codes, is hereby granted for the property located at 70 OBETZ RD. (43207), insofar as said sections prohibit an apartment building in the C-4, Commercial District; with increased building height of 45 feet from 35 feet; parking lot tree islands with less than 145 square feet of soil area and less than 4 feet radii as follows: three parking lot tree islands with soil areas of 104, 135, and 137 square feet with the island containing 104 square feet having a radius of 3 feet, and six parking lot islands with two trees each with soil areas of 232 square feet (116 square feet per tree) and radii of 3.5 feet; and a reduction in the required number of parking spaces from 122 to 115; said property being more particularly described as follows:
70 OBETZ RD. (43207), being 2.69± acres located on the north side of Obetz Road, 310± feet east of South High Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 16, Township 4, Range 22, Congress Lands East of the Scioto River, being all of that 1.727 acre tract and part of that 1.106 acre tract described in a deed to T. Ronald Sams, Trustee of the T. Ronald Sams Trust and Barbara A. Sams, Trustee of the Barbara A. Sams Trust, of record in Instrument Number 201302150027573, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
BEGINNING at the southwest corner of said 1.727 acre tract, being a southeast corner of that tract described in a deed to High Street Property, LLC, of record in Instrument Number 201802050015600, and being on the existing north right-of-way line for Obetz Road (Variable Width - Public);
Thence North 03 degrees 21 minutes 57 seconds East, along the west line of said 1.727 acre tract and along an east line of said High Street Property tract, a distance of 34.09 feet to a point;
Thence North 18 degrees 25 minutes 11 seconds East, continuing along the west line of said 1.727 acre tract and continuing along an east line of said High Street Property tract, a distance of 357.31 feet to the northwest corner of said 1.727 acre tract, being a northeast corner of said High Street Property tract and being on a south line of that tract described in a deed to City of Columbus, Ohio, of record in Instrument Number 201512300182346;
Thence South 71 degrees 34 minutes 58 seconds East, along the north line of said 1.727 acre tract, along the north line of said 1.106 acre tract and along a south line of said City of Columbus tract, a distance of 203.21 feet to a point:
Thence South 86 degrees 34 minutes 07 seconds East, along the north line of said 1.106 acre tract and along a south line of said City of Columbus tract, a distance of 88.45 feet to a point;
Thence South 02 degrees 57 minutes 54 seconds West, across said 1.106 acre tract, along a proposed division line, a distance of 323.61 feet to a point on the south line of said 1.106 acre tract, being on the existing north right-of-way line for Obetz Road;
Thence North 87 degrees 02 minutes 06 seconds West, along the existing north right-of-way line for Obetz Road, along the south line of said 1.106 acre tract and along the south line of said 1.727 acre tract, a distance of 379.77 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 2.689 acres, all of which is located within Franklin County Auditor’s parcel number 010-111574.
Bearings described herein are based on Grid North, NAD 83, per the Franklin County GIS.
SECTION 2. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING EXHIBIT FOR 70 OBETZ ROAD," signed by David Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and dated November 17, 2021. 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 adjustments to the plan shall be subject to review and approval 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 #Z22-002 through City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA), or within two years of the effective date of this ordinance, whichever occurs first.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.