Explanation
Council Variance Application: CV23-029
APPLICANT: NRP Properties, LLC; c/o Dave Perry, Agent; Dave Perry Company, Inc.; 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: Multi-unit residential development.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels and part of another parcel, all in the M, Manufacturing District. The requested Council variance will permit a multi-unit residential development with a maximum of 200 208 units. The proposed residential development will be subject to a competitive funding process by the Ohio Housing Finance Agency (OHFA), 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 #Z23-035, a request for the AR-1, Apartment Residential District, has been filed and is in the formal review process. The site is within the planning boundaries of the South Side Plan (2014), which recommends “Neighborhood Mixed-Use” land uses at this location. The Plan also includes adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The developer has agreed to roadway and sidewalk improvements as approved by the Department of Public Service to provide wheelchair and pedestrian connectivity between the site and South High Street.
Title
To grant a Variance from the provisions of Section 3363.01, M-manufacturing districts, for the property located at 45 W. BARTHMAN AVE. (43207), to permit a multi-unit residential development in the M, Manufacturing District (Council Variance #CV23-029).
Body
WHEREAS, by application #CV23-029, the owner of property at 45 W. BARTHMAN AVE. (43207), is requesting a Council variance to permit a multi-unit residential development in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits multi-unit residential development, while the applicant proposes a multi-unit residential development that contains up to 200 208 apartment units; and
WHEREAS, the Columbus South Side Area Commission recommends approval of said zoning change; and
WHEREAS, City Departments recommend approval because the requested variance will help facilitate state funding requirements, and the multi-unit residential development will provide mixed-income affordable and workforce housing consistent with the City’s objectives; 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 45 W. BARTHMAN AVE. (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 Section 3363.01, M-manufacturing districts, is hereby granted for the property located at 45 W. BARTHMAN AVE. (43207), insofar as said section prohibits multi-unit residential development in the M, Manufacturing District; said property being more particularly described as follows:
45 W. BARTHMAN AVE. (43207), being 8.15± acres located at the terminus of West Barthman Avenue, 180± feet west of South High Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half-Section 43, Township 5, Range 22, Refugee Lands, being all of that 4. 73 acre tract described in a deed to OSC LLC, of record in Instrument Number 202204180059435, being all of that 0.115 acre tract described in a deed to Lois D. Gaber, of record in Instrument Number 200912100178731, and being part of that 10.906 acre tract described in a deed to The Salvation Army, of record in Instrument Number 200609080180240, all record 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 comer of said 4.73 acre tract, being on the existing west right-of-way line for Wall Street;
Thence South 88 degrees 22 minutes 20 seconds West, along the south line of said 4.73 acre tract, a distance of 278.63 feet to the southwest corner of said 4. 73 acre tract, being on the existing east right-of-way line for Norfolk Southern Railroad;
Thence along the arc of a non-tangent curve to the right, along the existing east right-of-way line for said railroad, along the west lines of said 4. 73 acre tract, said 0.115 acre tract, and said I 0.906 acre tract, said curve having a radius of 1,563.17 feet, a central angle of 33 degrees 14 minutes 31 seconds, and an arc length of 906.92 feet to a point, said curve being subtended by a long chord having a bearing of North 10 degrees 51 minutes 54 seconds West and a length of894.26 feet;
Thence North 05 degrees 59 minutes 46 seconds East, continuing along the existing east right-of-way line for said railroad and along the west line of said I 0.906 acre tract, a distance of 33.59 feet to a point;
Thence North 89 degrees 51 minutes 56 seconds East, across said 10.906 acre tract, a distance of 421.95 feet to a point on an east line of said I 0.906 acre tract, being on the existing west right-of-way line for said Wall Street;
Thence South 01 degree 51 minutes 44 seconds East, along the east line of said 10.906 acre tract and along the existing west right-of-way line for said Wall Street, a distance of 176.20 feet to a southeast comer of said 10.906 acre tract;
Thence South 88 degrees 31 minutes 07 seconds West, along a south line of said 10.906 acre tract, a distance of 58.02 feet to a southeast corner of said I 0.906 acre tract;
Thence South 01 degree 51 minutes 14 seconds East, along an east line of said I 0.906 acre tract, a distance of 89.65 feet to a northeast comer of said 10.906 acre tract;
Thence North 88 degrees 15 minutes 26 seconds East, along a north line of said 10.906 acre tract, a distance of 49.32 feet to a northeast corner of said I 0.906 acre tract, being on the existing west right-of-way line for said Wall Street;
Thence South 01 degree 56 minutes 42 seconds East, along the east line of said I 0.906 acre tract and said 4.73 acre tract, along the existing west right-of-way line for said Wall Street, a distance of 639.37 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 8.150 acres located within Franklin County Auditor's parcel numbers 010-007536, 010-065301 and 010-023821.
Bearings described hereon are based on Grid North, NAD 83, per the Franklin County GIS.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential uses with up to 200 208 units, or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ZONING PLAN," signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant, and dated July 13, 2023. 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. The developer shall construct roadway and sidewalk improvements along W. Barthman Ave., as approved by the Department of Public Service, to provide vehicular and pedestrian connectivity between the site and South High Street.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5 6. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z23-035 through City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA), or within three years of the effective date of this ordinance, whichever occurs first.
SECTION 6 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.