Explanation
Council Variance Application: CV24-168
APPLICANT: EREG Housing Preservation LLC, c/o Thaddeus M. Boggs; Frost Brown Todd LLP; 10 West Broad Street, Floor 23; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 3.96± acre site consists of one parcel developed with a telecommunications tower in the CPD, Commercial Planned Development District. The applicant requests a Council variance to allow a multi-unit residential development in the CPD, Commercial Planned Development District. The variance is necessary to allow ground floor residential uses in the CPD district, and will allow the applicant to pursue competitive funding from Ohio Housing Finance Agency (OHFA) with the intent to proceed with a follow-up rezoning of the property to the ARLD, Apartment Residential District under Rezoning Application #Z24-078. The South East Land Use Plan (2018) recommends the “Mixed Use 1 (<24 du/acre)” land use at this location. A multi-unit residential use is consistent with the recommended land use and is therefore supported.
Title
To grant a Variance from the provisions of Section 3361.02, Permitted uses, of the Columbus City Codes; for the property located at 3639 GENDER RD. (43110), to allow ground floor residential uses in the CPD, Commercial Planned Development District and to declare an emergency.(Council Variance #CV24-168).
Body
WHEREAS, by application #CV24-168, the owner of property at 3639 GENDER RD. (43110), is requesting a Council variance to allow ground floor residential uses in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3361.02, Permitted uses, prohibits ground floor residential uses, while the applicant proposes to develop the site with a multi-unit residential development that includes units on the ground floor; and
WHEREAS, the Greater South 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 funding prior to a follow-up rezoning of the property to the ARLD, Apartment Residential District, and notes that it is consistent with the land use recommendations of the South East Land Use Plan; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy 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 3639 GENDER RD. (43110), in using said property as desired; now, therefore: and
WHEREAS, An emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need for the applicant to obtain the council variance to submit an Ohio Housing Finance Agency application to facilitate a greater supply of affordable senior housing, which is necessary for the immediate preservation of the public peace, property, health, and safety
; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3361.02, Permitted uses, is hereby granted for the property located at 3639 GENDER RD. (43110), insofar as said section prohibits ground floor residential uses within a CPD, Commercial Planned Development District which permits C-4, Commercial District uses; said property being more particularly described as follows:
3639 GENDER RD. (43110), being 3.96± acres located on the west side of Gender Road, 200± feet south of Upperridge Drive, and being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus, being in the Northwest Quarter of Section 1, Township 11, Range 21, Congress Lands, and being part of the original 124.050 acre tract conveyed to Martha J. Lamp and Joan Kotz, by deed of record in O.R. 2893G19, records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows;
Beginning for reference at an iron pin at the point of intersection of the westerly limited access right-of-way line of Gender Road (as established by a deed to the County of Franklin, of record in Deed Book 3206, page 1) with the southerly right-of-way line of Upperridge Drive;
Thence N 86° 09’ 13” W, a distance of 150.00 feet along the southerly right-of-way line of Upperridge Drive to the point of true beginning;
Thence the following two (2) courses and distances across the said original 124.050 acre tract:
1. Thence S 3° 50’ 47” W, a distance of 145.00 feet, to a point;
2. Thence S 86° 09’ 13” E, a distance of 150.00 feet, to a point in the said westerly limited access right-of-way line at Gender Road;
Thence S 3° 50’ 47” W, a distance of 249.50 feet, along the said westerly limited access right-of-way line of Gender Road to a point;
Thence the following four (4) courses and distances across the said original 124.050 acre tract:
1. Thence N 85° 30’ 09” W, a distance of 200.00 feet, to a point;
2. Thence S 3° 50’ 47” W, a distance of 44.97 feet, to a point;
3. Thence N 85° 30’ 09” W, a distance of 315.17 feet, to a point;
4. Thence N 4° 29’ 51” E, a distance of 398.59 feet, to a point in the southerly right-of-way line of Upperridge Drive;
Thence the following two (2) courses and distances along the southerly right-of-way line of Upperridge Drive:
1. Thence along a curve to the right having a radius of 830.00 feet, a central angle of N 16° 45’ 15” the chord to which bears N 85° 30’ 47” E, a chord distance of 241.84 feet, to a point of tangency;
2. Thence S 86° 09’ 13” E, a distance of 121.32 feet, to the point of true beginning containing 4.370 acres, more or less, and being subject to all easements, restrictions and right-of-ways of record.
The bearings for the above description were based on the bearing datum for Countryview Village Section 2, of record in Plat Book 67, page 89.
LESS AND EXCEPT a 0.910 acre tract being that portion of property conveyed to KeyBank National Association from T & R Development, Inc., an Ohio corporation by Warranty Deed by a Corporation dated January 30, 2006 and recorded February 7, 2006 in Instrument No.200602070024842, the remainder being 3.96 acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with residential uses as permitted by this ordinance, and/or those uses in the CPD, Commercial Planned Development District as specified by Ordinance #1723-2016 (Z16-006).
SECTION 3. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z24-078 through 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 Rezoning Application Z24-078 has received a recommendation from the Greater Southeast Area Commission.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.