Explanation
Council Variance Application: CV26-038
APPLICANT: Nationwide Children’s Hospital, Inc., c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, First Floor; Columbus, OH 43215, and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, Second Floor; Columbus, OH 43215.
PROPOSED USE: Multi- and single-unit residential development.
NORTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 9.19± acre site consists of one parcel partially developed with two monopole telecommunications antennas in the L-M, Limited Manufacturing District. The site is subject to Council variance CV24-100 (Ordinance #3060-2024), passed on November 18, 2024, which allows a multi-unit residential development containing up to 173 dwelling units, conditioned on completion of follow-up rezoning application Z24-041. This request updates the previously approved project, and allows three apartment buildings totaling 138 dwellings units on Area A, 15 detached single-unit dwellings on Area B, and maintains two monopoles on Area C, as shown with the submitted site plans. A condition for a follow-up rezoning is not included with this ordinance because the site is within the boundaries of the second phase of Zone-In, and is recommended by the Columbus Growth Strategy (2026) for “Mixed-use 2” land uses, which includes multi- and single-unit residential uses. Additionally, this 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 proposed residential development is consistent with both the Columbus Growth Strategy land use recommendation, the city’s goals of providing additional affordable housing in all areas of the city, and includes a site plan commitment that demonstrates a development that is compatible with other residential infill developments in urban areas of the city.
Title
To grant a Variance from the provisions of Sections 3363.01, M- manufacturing districts; 3370.05, Permitted uses; 3309.14, Height districts; 3312.21(D)(1)(b), Landscaping and screening; 3312.49, Required parking; and 3363.24, Building lines in an M-manufacturing district, of the Columbus City Codes; for the property located at 2150 INNIS RD. (43224), to allow a mixed-residential development with reduced development standards in the L-M, Limited Manufacturing District, and to revoke Ordinance #3060-2024, passed on November 18, 2024 (Council Variance #CV26-038).
Body
WHEREAS, by application #CV26-038, the owner of property at 2150 INNIS RD. (43224), is requesting a Council variance to allow a mixed-residential development with reduced development standards in the L-M, Limited Manufacturing District; and
The following variances apply to Area A:
WHEREAS, Section 3363.01, M- manufacturing districts, prohibits residential development, while the applicant proposes a 138-unit apartment complex, as shown on the submitted site plan; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses permitted by the underlying zoning district, which are limited to C-4, Commercial District and M-2, Manufacturing District uses listed in Chapters 3356 and 3367 of the Columbus City Code, as specified in the limitation overlay text in Ordinance #811-86 (Z85-080), while the applicant proposes a 138-unit apartment complex; 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 increased building heights of 38 feet and 50 feet, as indicated on the site plan; and
WHEREAS, Section 3312.21(D)(1)(b), Landscaping and screening, requires parking lot screening to be within a landscaped area of at least four feet in width and a year-round opacity of not less than 75 percent, while the applicant proposes to allow, but not require, pedestrian and/or vehicular breaks in parking lot screening along the western property line subject to approval of the Department of Public Service in conjunction with the a Final Site Compliance Plan; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area, while the applicant proposes to reduce the maneuvering for 18, 90-degree parking spaces from 20 feet to zero feet, subject to providing 20 feet of maneuvering area by easement on the private drive of Area B, as shown on the site plan; and
WHEREAS, Section 3363.24, Building lines in an M-manufacturing district, requires a building setback of 50 feet from Innis Road, while the applicant proposes a reduced building setback line of three feet from Innis Road; and
The following variances apply to Area B:
WHEREAS, Section 3363.01, M- manufacturing districts, prohibits residential development, while the applicant proposes 15 detached single unit dwellings which may be located on either one parcel, as shown on “01a Zoning Plan,” or on individually platted lots, as shown on “01b Zoning Plan;” and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses permitted by the underlying zoning district, which are limited to C-4, Commercial District and M-2, Manufacturing District uses listed in Chapters 3356 and 3367 of the Columbus City Code, as specified in the limitation overlay text in Ordinance #0811-86 (Z85-080), while the applicant proposes to allow 15 detached single unit dwellings, which may be located on either on parcel, as shown on “01a Zoning Plan,” or on individually platted lots, as shown on “01b Zoning Plan;” and
WHEREAS, the North Linden Area Commission Recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will help facilitate state funding requirements, and allow a multi- and single-unit residential development that is consistent with the Columbus Growth Strategy, the city’s objective in providing affordable housing in all area of the city, and with similar residential infill developments in urban areas of the city; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 2150 INNIS 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 Sections 3363.01, M- manufacturing districts; 3370.05, Permitted uses; 3309.14, Height districts; 3312.21(D)(1)(b), Landscaping and screening; 3312.25, Maneuvering; and 3363.24, Building lines in an M-manufacturing district, of the Columbus City Codes, is hereby granted for the property located at 2150 INNIS RD. (43224), insofar as said sections prohibit a mixed-residential development containing up to 153 units in Areas A and B in the L-M, Limited Manufacturing District; with an increase in building heights from 35 feet to 50 feet and 38 feet in Area A; pedestrian and/or vehicular breaks in parking lot screening along the western property line in Area A subject to approval of the Department of Public Service in conjunction with the Final Site Compliance Plan (FSCP); maneuvering for parking spaces in Area A to occur within Area B; and a reduction in the building setback line along Innis Road from 50 feet to three feet in Area A; said property being more particularly described as follows:
2150 INNIS RD. (43224), being 9.19± acres located on the north side of Innis Road 1,200± feet east of Cleveland Avenue, and being more particularly described as follows:
AREA A: DESCRIPTION OF 5.131 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 1, Township 1, Range 18, United States Military Lands, being part of that 9.178 acre tract described in a deed to Nationwide Children’s Hospital, Inc., of record in Instrument Number 202310300113354, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, unless noted otherwise, and being further bounded and described as follows;
BEGINNING at point on the existing north right-of-way line for Innis Road (R/W width varies), being at the southeast corner of said 9.178 acre tract, being at the northeast corner of that 0.39 acre right-of-way parcel, referred to as Parcel 8-WD, described in a deed to State of Ohio, of record in Official Record 3349, Page 165, and being on the west line of that 58.32 acre tract described in a deed to City of Columbus, Ohio, of record in Instrument Number 202311090117525;
Thence South 87 degrees 49 minutes 34 seconds West, along the existing north right-of-way line for said Innis Road, along the south line of said 9.178 acre tract, along the north line of said Parcel 8-WD, a distance of 260.97 feet to a point;
Thence across said 9.178 acre tract for the following six (6) described courses:
1. North 02 degrees 10 minutes 26 seconds West, a distance of 103.97 feet to a point;
2. North 14 degrees 27 minutes 00 seconds East, a distance of 590.30 feet to a point;
3. North 62 degrees 22 minutes 39 seconds East, a distance of 61.00 feet to a point;
4. South 75 degrees 33 minutes 00 seconds East, a distance of 131.05 feet to a point;
5. North 14 degrees 26 minutes 04 seconds East, a distance of 298.25 feet to a point;
6. South 75 degrees 33 minutes 56 seconds East, a distance of 103.29 feet to a point on the east line of said 9.178 acre tract, and being on the west line of said 58.32 acre tract;
Thence South 14 degrees 26 minutes 04 seconds West, along the east line of said 9.178 acre tract, along the west line of said 58.32 acre tract, a distance of 954.42 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total of 5.131 acres all of which is located within Franklin County Auditor’s Parcel Number 010-087436.
Bearings described hereon are measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
AREA B: DESCRIPTION OF 3.706 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 1, Township 1, Range 18, United States Military Lands, being part of that 9.178 acre tract described in a deed to Nationwide Children’s Hospital, Inc., of record in Instrument Number 202310300113354, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, unless noted otherwise, and being further bounded and described as follows;
BEGINNING at point on the existing north right-of-way line for Innis Road (R/W width varies), being at the southwest corner of said 9.178 acre tract, being at the northwest corner of that 0.39 acre right-of-way parcel, referred to as Parcel 8-WD, described in a deed to State of Ohio, of record in Official Record 3349, Page 165, and being the southeast corner that 15.628 acre tract described in a deed to Carriage House Ohio LLC, of record in Instrument Number 201604070042131;
Thence North 14 degrees 26 minutes 04 seconds East, along the west line of said 9.178 acre tract, along the east line of said 15.628 acre tract, a distance of 1371.37 feet to the northwest corner of said 9.178 acre tract, being the northeast corner of said 15.628 acre tract, and being on the south line of the Lot 38, as delineated in Elmore Addition, of record in Plat Book 9, Page 30;
Thence South 86 degrees 23 minutes 59 seconds East, along the north line of said 9.178 acre tract, along the south line of said Lot 38, along the existing south right-of-way line for Brandon Street (50’ R/W width), and along the south line of that Lot 37, as delineated in said Elmore Addition, a distance of 300.18 feet to the northeast corner of said 9.178 acre tract, being the southeast corner of said Lot 37, and being on the west line of that 58.32 acre tract described in a deed to City of Columbus, Ohio, of record in Instrument Number 202311090117525;
Thence South 14 degrees 26 minutes 04 seconds West, along the east line of said 9.178 acre tract, along the west line of said 58.32 acre tract, a distance of 236.11 feet to a point;
Thence across said 9.178 acre tract for the following six (6) described courses:
1. North 82 degrees 57 minutes 54 seconds West, a distance of 104.16 feet to a point;
2. South 14 degrees 26 minutes 04 seconds West, a distance of 434.16 feet to a point;
3. North 75 degrees 33 minutes 00 seconds West, a distance of 131.05 feet to a point;
4. South 62 degrees 22 minutes 39 seconds West, a distance of 61.00 feet to a point;
5. South 14 degrees 27 minutes 00 seconds West, a distance of 590.30 feet to a point;
6. South 02 degrees 10 minutes 26 seconds East, a distance of 103.97 feet to a point on the existing north right-of-way line for said Innis Road, being on the south line of said 9.178 acre tract, and being on the north line of said Parcel 8-WD;
Thence South 87 degrees 49 minutes 34 seconds West, along the existing north right-of-way line for said Innis Road, along the south line of said 9.178 acre tract, along the north line of said Parcel 8-WD, a distance of 46.70 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total of 3.706 acres all of which is located within Franklin County Auditor’s Parcel Number 010-087436.
Area C: DESCRIPTION OF 0.338 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 1, Township 1, Range 18, United States Military Lands, being part of that 9.178 acre tract described in a deed to Nationwide Children’s Hospital, Inc., of record in Instrument Number 202310300113354, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, unless noted otherwise, and being further bounded and described as follows;
Commencing for reference at the southeast corner of Lot 37, as delineated in Elmore Addition, of record in Plat Book 9, Page 30, being at the northeast corner of said 9.178 acre tract, and being on the west line that 58.32 acre tract described in a deed to City of Columbus, Ohio, of record in Instrument Number 202311090117525;
Thence South 14 degrees 26 minutes 04 seconds West, along the east line of said 9.178 acre tract, along the west line of said 58.32 acre tract, a distance of 236.11 feet to the TRUE POINT OF BEGINNING for this description;
Thence South 14 degrees 26 minutes 04 seconds West, continuing along the east line of said 9.178 acre tract, continuing along the west line of said 58.32 acre tract, a distance of 149.32 feet to a point;
Thence across said 9.178 acre tract for the following three (3) described courses:
1. North 75 degrees 33 minutes 56 seconds West, a distance of 103.29 feet to a point;
2. North 14 degrees 26 minutes 04 seconds East, a distance of 135.91 feet to a point;
3. South 82 degrees 57 minutes 54 seconds East, a distance of 104.16 feet to a point to the TRUE POINT OF BEGINNING for this description.
The above description contains a total of 0.338 acres all of which is located within Franklin County Auditor’s Parcel Number 010-087436.
Bearings described hereon are measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
This description is intended for zoning purposes only and does not represent an actual boundary description.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed-residential development, or those uses in the L-M, Limited Manufacturing District as permitted by Ordinance #811-86 (Z85-080).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plans titled, "01A ZONING PLAN," and "01B ZONING PLAN," both dated June 1, 2026, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant. The plans 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 Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance is further conditioned on the applicant providing tree, with a minimum two inch caliper generally along and parallel to the southern property line at 50± feet off center, adjusted as needed for obstructions.
SECTION 6. That Ordinance #2473-2015 (CV15-036), passed on October 19, 2015, be and is hereby revoked.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.