Explanation
Council Variance Application: CV21-092
APPLICANT: NRP Properties, LLC; c/o Dave Perry, Agent; David 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.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel zoned in the L-M, Limited Manufacturing District (Z98-028). The requested Council variance will permit multi-unit residential development containing up to 175 units. Variances to the building height and setback commitments established in the limitation text of Ordinance 1971-098 (Z98-028) are included in this request. This proposed development will be subject to a competitive funding process with 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 #Z21-091, 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 Scioto Southland Plan (2007), which recommends light manufacturing land uses at this location. Despite this recommendation, the variances are supported as the site has remained undeveloped for many years and the proposed us is more compatible with the residential uses adjacent to the site.
Title
To grant a Variance from the provisions of Sections 3363.01, M-manufacturing districts; 3370.05, Permitted uses; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes; for the property located at 103 FORNOF RD. (43207), to permit a multi-unit residential development with reduced development standards in the L-M, Limited Manufacturing District (Council Variance #CV21-092).
Body
WHEREAS, by application #CV21-092, the owner of the property at 103 FORNOF RD. (43207), is requesting a Council variance to permit a multi-unit residential development containing up to 175 units with reduced development standards in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing districts, prohibits multi-unit residential development, while the applicant proposes such a development containing up to 175 units; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses permitted by the underlying zoning district, which are limited to M, Manufacturing uses listed in Chapter 3363 of the Columbus City Code, as specified in the limitation overlay text in Ordinance #1971-98 (Z98-028), while the applicant proposes a multi-unit residential development with up to 175 dwelling units; and
WHEREAS, Section 3370.06, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan and/or text, in which event such more limited standards shall apply, while the applicant requests deviation from building height and parking and maneuvering setback limitations contained in the limitation text of Ordinance #1971-98 (Z98-028), to permit an increased building height of 60 feet from 35 feet and to permit reduced parking and maneuvering setbacks along Dering Avenue from 50 feet to 25 feet; and
WHEREAS, Section 3370.07, Conditions and limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan and/or text, while the applicant does not wish to comply with the zoning text requirements of Ordinance #1971-98 (Z98-028) regarding permitted uses, building height, and building, parking, and maneuvering setbacks; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposal for multi-unit residential development is more compatible with adjacent residential uses than the light industrial uses recommended by the Scioto Southland Plan. Additionally, the Applicant is required to complete Rezoning Application #Z21-091 as a condition of this ordinance; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed use; 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 103 FORNOF RD. (43207), in using said property as desired; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3363.01, M-manufacturing districts; 3370.05, Permitted uses; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes, is hereby granted for the property located at 103 FORNOF RD. (43207), insofar as said sections and limitation overlay text, adopted with Ordinance #1971-098 (Z98-028) do not permit a multi-unit residential development containing up to 175 units; with an increase in building height from 35 feet to 60 feet; and reduced parking and maneuvering setbacks along Dering Avenue from 50 feet to 25 feet; said property being more particularly described as follows:
103 FORNOF RD. (43207), being 5.50± acres located on the south side of Fornof 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 4, Township 4, Range 22, Congress Lands, being all of that 5.501 acre tract of land described in a deed to DMSS Leasing Company, P.L.L. (NKA Cob Tail Properties, LLC), of record in Instrument Number 199808270218295 (See Name Change Affidavit of record in Instrument Number 202011060175870), 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 5.501 acre tract, being on the existing north right-of-way line for Dering Avenue (50 feet wide - public);
Thence North 03 degrees 43 minutes 41 seconds East, a distance of 517.26 feet to the northwest corner of said 5.501 acre tract, being on the existing south right-of-way line for Fornof Road (40 feet wide - public);
Thence South 86 degrees 24 minutes 44 seconds East, along the existing south right-of-way line for Fornof Road and along the north line of said 5.501 acre tract, a distance of 469.38 feet to the northeast corner of said 5.501 acre tract;
Thence South 03 degrees 25 minutes 44 seconds West, along the east line of said 5.501 acre tract, a distance of 518.21 feet to the southeast corner of said 5.501 acre tract, being on the existing north right-of-way line for Dering Avenue;
Thence North 86 degrees 17 minutes 49 seconds West, along the existing north right-of-way line for Dering Avenue and along the south line of said 5.501 acre tract, a distance of 472.09 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 5.595 acres, all of which is located within Franklin County Auditor’s parcel number 010-245503.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a multi-unit residential development containing up to 175 units, or those uses permitted in the L-M, Limited Manufacturing District as permitted by Ordinance #1971-98 (Z98-028).
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "ZONING SITE PLAN FOR DERING AVE MULTI-FAMILY," signed by Dave Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and dated January 3, 2022. 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 plans 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. 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 #Z21-091 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.