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File #: 1859-2025    Version: 1
Type: Ordinance Status: Second Reading
File created: 6/27/2025 In control: Zoning Committee
On agenda: 7/28/2025 Final action:
Title: To grant a Variance from the provisions of Sections 3332.02, R-rural district; 3332.035, R-3 residential district; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3356.03, C-4 permitted uses; 3309.14, Height districts; 3312.21(A), Landscaping and screening; 3312.21(D)(1), Landscaping and screening; 3312.27(4), Parking setback line; 3312.49(C), Required parking; 3312.53, Minimum number of loading spaces required; 3321.05(B)(1)(2), Vision clearance; 3321.09(B), Screening; 3332.05(4), Area district lot width requirements; 3332.06, R-rural area district requirements; 3332.13, R-3 area district requirements; 3332.18(D), Basis of computing area; 3332.19, Fronting; 3332.21(D), Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.38(G), Private garage; 3333.16, Fronting; 3333.18, Building lines; 3333.24, Rear yard; 3333.255, Perimeter yard; 3349.04(a)(b)(c), Height, area and yard regulations; and 3356.11, C-4 dis...
Attachments: 1. ORD1859-2025_Attachments, 2. ORD1859-2025_Legal_Descriptions, 3. ORD1859-2025_Labels

Explanation

 

Council Variance Application:  CV25-001

 

APPLICANT:  Thrive Companies; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Robert Castor, Atty.; Thrive Companies; 842 North Fourth Street, Suite 200; Columbus, OH 43215.

 

PROPOSED USE:  Mixed-use development.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #1858-2025; Z25-001) to the C-4, Commercial District, AR-3, Apartment Residential District, and R, Rural District. This Council variance request reiterates variances already approved by Ordinance #1941-2021 (CV21-040) for Subareas A, B, C, D, D-1, E, F, and G, and include new variances to landscaping and screening, required parking, fronting and rear yard. The newly requested variances are consistent with the existing development pattern at Founder’s Park and with similar multi-unit residential developments in urban neighborhoods.

 

Title

 

To grant a Variance from the provisions of Sections 3332.02, R-rural district; 3332.035, R-3 residential district; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3356.03, C-4 permitted uses; 3309.14, Height districts; 3312.21(A), Landscaping and screening; 3312.21(D)(1), Landscaping and screening; 3312.27(4), Parking setback line; 3312.49(C), Required parking; 3312.53, Minimum number of loading spaces required; 3321.05(B)(1)(2), Vision clearance; 3321.09(B), Screening; 3332.05(4), Area district lot width requirements; 3332.06, R-rural area district requirements; 3332.13, R-3 area district requirements; 3332.18(D), Basis of computing area; 3332.19, Fronting; 3332.21(D), Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.38(G), Private garage; 3333.16, Fronting; 3333.18, Building lines; 3333.24, Rear yard; 3333.255, Perimeter yard; 3349.04(a)(b)(c), Height, area and yard regulations; and 3356.11, C-4 district setback lines, of the Columbus City Codes; for the property located at 531 W. 5TH AVE. (43201), to allow mixed-use development with reduced development standards in the C-4, Commercial District, AR-1, Apartment Residential District, AR-3, Apartment Residential District; I, Institutional District, R-3, Residential District and R, Rural District, and to revoke Ordinance #1941-2021 (CV21-040), passed July 26, 2021 (Council Variance #CV25-001).

 

Body

 

WHEREAS, by application #CV25-001, the owner of property at 531 W. 5TH AVE. (43201), is requesting a Council variance to allow mixed-use development with reduced development standards in the C-4, Commercial District, AR-1, Apartment Residential District, AR-3, Apartment Residential District, I, Institutional District, R-3, Residential District, and R, Rural District; and

 

The following variances apply to Subarea A (C-4, Commercial District):

 

WHEREAS, Section 3309.14(A), Height districts, limits building height in a 60-foot height district to 60 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 80 feet; and

 

WHEREAS, Section 3312.27(4), Parking setback line, requires a parking setback of 10 feet from the street right-of-way line, while the applicant proposes a reduced parking setback line of five feet along West 5th Avenue; and

 

WHEREAS, Section 3312.49(C), Required parking, requires one parking space per hotel room, or 153 spaces for a 153-room hotel, while the applicant proposes to provide 120 spaces; and

 

WHEREAS, Section 3312.53, Minimum number of loading spaces required, requires a minimum of one loading space, while the applicant proposes zero loading spaces; and

 

The following variances apply to Subarea B (I, Institutional District):

 

WHEREAS, Section 3309.14(A), Height districts, limits building height in a 60-foot height district to 60 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 70 feet; and

 

WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit and 0.75 per assisted living/memory care unit, totaling 149 spaces, while the applicant proposes to provide 127 spaces, with an additional 12 spaces provided on Subarea C; and

 

WHEREAS, Section 3312.53, Minimum number of loading spaces required, requires a minimum of one loading space, while the applicant proposes zero loading spaces; and

 

WHEREAS, Section 3349.04(a)(b)(c), Height, area and yard regulations, requires that all structures at the minimum building line shall not exceed 35 feet in height, requires lot coverage that does not exceed 60 percent, requires a front setback of 50 feet from street right-of-way, requires a minimum side yard of 20 feet on each side of a building, and requires a minimum rear yard of 50 feet, while the applicant proposes an increased building height of 70 feet, increased lot coverage of 74 percent, reduced front setback of 15 feet from West 5th Avenue, reduced eastern side yard of six feet, reduced western side yard of 14 feet, and reduced rear yard of nine feet; and  

 

The following variances apply to Subarea C (C-4 Commercial District):

 

WHEREAS, Section 3356.03, C-4, permitted uses, prohibits residential uses other than apartments above specified commercial uses, while the applicant proposes ground floor residential uses in a mixed-use building and an apartment building, as demonstrated on the submitted site plans; and

 

WHEREAS, Section 3309.14(A), Height districts, limits building height in a 60-foot height district to 60 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 70 feet; and

 

WHEREAS, Section 3312.21, Landscaping and screening, requires one tree per 10 parking spaces, a total of three trees for a 24-space parking lot, while the applicant proposes zero interior parking lot trees, but will provide three trees along the parking lot’s perimeter; and

 

WHEREAS, Section 3312.49(C), Required parking, requires 646 spaces for 348 dwelling units, 7,100 square feet of retail or fitness space, 6,400 square feet of eating and drinking establishment space, and 900 square feet of accessory outdoor patio space, or any combination of commercial uses that does not exceed the calculated parking itemized; while the applicant proposes to provide 492 spaces on Subarea C, and to allow the use of the 474 parking space parking garage for non-accessory parking; and

 

WHEREAS, Section 3312.53, Minimum number of loading spaces required, requires a minimum of one loading space, while the applicant proposes zero loading spaces; and

 

WHEREAS, Section 3321.09, Screening, requires screening for nonresidential zoning districts abutting residential zoning districts, while the applicant proposes no screening between south and southwest property lines of Subarea C and Subareas D, D-2, and E; and

 

WHEREAS, Section 3356.11, C-4 district setback lines, requires a building setback line that equals one-half of the right-of-way as denoted on the Columbus Multimodal Thoroughfare Plan, or five feet along West 5th Avenue and 25 feet along Perry Street, while the applicant proposes reduced building lines of 15 feet along West 5th Avenue and five feet long Perry Street; and

 

The following variances apply to Subarea D (AR-1 Apartment Residential District):

 

WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires parking lot headlight screening and buffering of residentially zoned property within an area with a minimum width of four feet, while the applicant proposes no parking lot screening for the private drive on the west of the subarea; and

 

WHEREAS, Section 3333.18, Building lines, requires the building setback to be 25 feet from Perry Street, while the applicant proposes a reduced building line of four feet from Perry Street; and

 

WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard measuring 10 percent of the average lot width or 24 feet for this development, while the applicant proposes a reduced perimeter yard of zero feet along the northern and western property lines, and seven feet along the southern property line, as demonstrated on the submitted site plans; and

 

The following variances apply to Subarea D-1 (AR-1 Apartment Residential District):

 

WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits a driveway as a principal use, while the applicant proposes a private driveway providing access to Subareas D, D-2 and E, with 11 parking spaces, as the sole use of Subarea D-1; and

 

WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires parking lot headlight screening and buffering of residentially zoned property within an area with a minimum width of four feet, while the applicant proposes no parking lot screening for the private drive and 11 parking spaces along any property line within the subarea; and

 

The following variances apply to Subarea D-2 (AR-3 Apartment Residential District):

 

WHEREAS, Section 3312.21(D)(1), Parking lot screening, requires screening of a parking lot within 80 feet of residentially zoned property, while the applicant proposes to not provide such screening along the eastern property line; and

 

WHEREAS, Section 3312.49(C), Required parking, requires 90 spaces for 60-unit apartment building, while the applicant proposes 16 on-site spaces, with an additional 54 spaces dedicated to this building in the parking structure on Subarea C; and

 

WHEREAS, Section 3333.16, Fronting, requires each building to front upon a public street, while the applicant proposes no frontage for the proposed apartment building; and  

 

WHEREAS, Section 3333.24, Rear Yard, requires a rear yard totaling not less than 25 percent, while applicant proposes a reduced rear yard of one percent; and  

 

The following variances apply to Subarea E (R-3, Residential District):

 

WHEREAS, Section 3332.035, R-3, residential district, permits only one single-unit dwelling on a lot, while the applicant proposes 26 detached single-unit dwellings on one lot, as demonstrated on the submitted site plans; and

 

WHEREAS, Section 3309.14(A), Height districts, limits building height in a 35-foot height district to 35 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 40 feet; and

 

WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot of no less than 50 feet wide, while the applicant proposes zero-foot-wide individual lots, as no individual lots are provided; and 

 

WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes zero square feet for individual lots, as no individual lots are provided; and

 

WHEREAS, Section 3332.19, Fronting, requires a dwelling to have frontage on a public street, while the applicant proposes no frontage for the western 13 single-unit dwellings; and  

 

WHEREAS, Section 3332.21(D), Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lot or parcels, but in no case less than 25 feet, while the applicant proposes a reduced building line of 13 feet along Perry Street; and 

 

WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes no rear yard, as no individual lots are provided; and  

 

WHEREAS, Section 3332.38(G), Private garage, requires a detached garage to be a maximum height of 15 feet, while the applicant proposes increased garage height of 20 feet; and

 

The following variances apply to Subarea F (R, Rural District):

 

WHEREAS, Section 3332.02, R, Rural District, does not permit a privately owned park, with accessory uses customary of a park, while the applicant proposes The Harrison Market Community Authority private park within Subarea F; and

 

WHEREAS, Section 3332.06, R-rural area district requirements, requires that a principal building shall be situated on a lot of no less than five acres, while the applicant proposes a reduced lot of 4.2 acres; and

 

The following variances apply to Subarea G (R-3, Residential District):

 

WHEREAS, Section 3332.035, R-3, residential district, permits only one single-unit dwelling on a lot, while the applicant proposes 16 detached single-unit dwelling on one lot, as demonstrated on the submitted site plans; and

 

WHEREAS, Section 3309.14(A), Height districts, limits building height in a 35-foot height district to 35 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes a maximum building height of 40 feet; and

 

WHEREAS, Section 3321.05(B)(1)(2), Vision clearance, requires a 10-foot clearance triangle at the intersection of a street and an alley, and a 30-foot clearance triangle at the intersection of two streets, while the applicant propose a reduced clearance triangle of seven feet at the southwest intersection of West 5th Avenue and an unnamed alley, and five feet at the southeast corner of West 5th Avenue and Perry Street, as demonstrated on the submitted site plans; and

 

WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot of no less than 50 feet wide, while the applicant proposes zero-foot-wide individual lots, as no individual lots are provided; and 

 

WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes zero square feet for individual lots, as no individual lots are provided; and

 

WHEREAS, Section 3332.18(D), Basis of computing area, requires a dwelling hereafter erected to occupy alone or together with any other building no greater than 50 percent of the lot area; while the proposed 16 detached single-unit dwellings and garages will occupy 54 percent of the lot area; and

 

WHEREAS, Section 3332.21(D), Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lot or parcels or 16 feet along West 5th Avenue and 10 feet along Perry Street, while the applicant proposes reduced building lines of 10 feet along West 5th Avenue and two feet along Perry Street; and 

 

WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be a maximum of 16 feet, while the applicant proposes a reduced maximum side yard of four feet; and

 

WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a reduced minimum side yard of two feet along the eastern and western property lines; and

 

WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes no rear yard as no individual lots are provided; and  

 

WHEREAS, Section 3332.38(G), Private garage, requires a detached garage to be a maximum height of 15 feet, while the applicant proposes increased garage height of 20 feet; and

 

WHEREAS, the City Departments recommend approval because this request reiterates variances already approved by Ordinance #1941-2021 (CV21-040) and includes variances for Subarea D-2 that are consistent with the other subareas of the existing mixed-use development known as Founder’s Park.

 

WHEREAS, this 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 531 W. 5TH AVE. (43201), 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 3332.02, R-rural district; 3332.035, R-3 residential district; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3356.03, C-4 permitted uses; 3309.14, Height districts; 3312.21(A), Landscaping and screening; 3312.21(D)(1), Landscaping and screening; 3312.27(4), Parking setback line; 3312.49(C), Required parking; 3312.53, Minimum number of loading spaces required; 3321.05(B)(1)(2), Vision clearance; 3321.09(B), Screening; 3332.05(4), Area district lot width requirements; 3332.06, R-rural area district requirements; 3332.13, R-3 area district requirements; 3332.18(D), Basis of computing area; 3332.19, Fronting; 3332.21(D), Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.38(G), Private garage; 3333.16, Fronting; 3333.18, Building lines; 3333.24, Rear yard; 3333.255, Perimeter yard; 3349.04(a)(b)(c), Height, area and yard regulations; and 3356.11, C-4 district setback lines, of the Columbus City Codes, is hereby granted for the property located at 531 W. 5TH AVE. (43201), to:

 

i) allow an increase in building height from 60 feet to 80 feet; a reduced parking setback along West 5th Avenue from 10 feet to five feet; a reduction in required parking spaces from 153 to 120 spaces; and a loading space reduction from one space to zero spaces, in Subarea A;

 

ii) allow an increase in building height from 60 feet to 70 feet; a reduction in required parking spaces from 149 to 127 spaces, with shared use of 12 adjacent spaces in Subarea C; a loading space reduction from one to zero spaces; an increase in building height from 35 feet to 70 feet, an increase in lot coverage from 60 percent to 74 percent, a reduction in front setback from 50 feet to 15 feet along West 5th Avenue, a reduction in side yards from 20 feet to six feet and 14 feet along the eastern and western property lines, respectively, and a reduced rear yard from 50 feet to nine feet, in Subarea B;

 

iii) allow ground floor residential uses in a mixed-use building and an apartment building in the C-4, Commercial District; an increase in building height from 60 feet to 70 feet; a reduction in parking lot shade trees from three to zero, with three trees being provided along the perimeter of the parking lot; a required parking reduction from 646 to 492 spaces, with non-accessory parking allowed in the 474-space garage; a loading space reduction from one to zero spaces; no screening provided along the south and southwestern property lines adjacent to Subareas D, D-2, and E; and reduced building lines along West 5th Avenue from 50 feet to 15 feet and along Perry Street from 25 feet to five feet, in Subarea C;

 

iv) allow no parking lot headlight screening for the private drive; a reduced building line along Perry Street from 25 feet to four feet; and a reduced perimeter yard from 24 feet to zero feet along the northern and western property lines, and seven feet along the southern property line, in Subarea D;

 

v) allow a private driveway with 11 parking spaces to be the sole use of a lot in the AR-1, Apartment Residential District; with no headlight screening, in subarea D-1;

 

vi) allow no parking lot headlight screening on the eastern property line; a parking reduction from 90 spaces to 16 on-site spaces, with 54 dedicated spaces provided within the parking garage on Subarea C; no fronting on public street; and reduced rear yard from 25 percent to one percent, in Subarea D-2;

 

vii) allow 26 detached single-unit dwellings on one lot in the R-3, Residential District; with an increased building height from 35 feet to 40 feet; reduced lot width from 50 feet to zero feet, as no individual lots are provided; reduced lot area from 5,000 square feet to zero square feet, as no individual lots are provided; no frontage on a public street for the western 13 single-unit dwellings; reduced building line along Perry Street from 25 feet to 13 feet; reduced rear yard from 25 percent to zero percent, as no individual lots are provided; and an increase in garage height from 15 feet to 20 feet, in Subarea E;

 

viii) permit a privately owned park in the R, Rural District; and a reduced lot area from five acres to 4.2 acres, in Subarea F;

 

ix) permit 16 detached single-unit dwellings on one lot in the R-3, Residential District; an increased building height from 35 feet to 40 feet; reduced vision clearance triangles at the southwest corner of West 5th Avenue and an unnamed alley from 10 feet to seven feet and at the southeast corner of West 5th Avenue and Perry Street from 30 feet to five feet; reduced lot width from 50 feet to zero feet, as no individual lots are provided; reduced lot area from 5,000 square feet to zero square feet, as no individual lots are provided; increase in lot coverage from 50 percent to 54 percent; reduced building lines along West Fifth Avenue from 16 feet to 10 feet and along Perry Street from 10 feet to two feet; reduced maximum side yard from 16 feet to four feet; reduced minimum side yards from 5 feet to two feet along the eastern and western property lines; reduced rear yard from 25 percent to zero percent, as no individual lots are provided; and an increase in garage height from 15 feet to 20 feet; in Subarea G;

 

Said property being more particularly described as follows:

 

531 W. 5TH AVE. (43201), being 19.38± acres located primarily at the southeast and southwest corners of West Fifth Avenue and Perry Street, and being more particularly described as follows:

 

(SEE ATTACHMENT FILE ORD1859-2025_LEGAL_DESCRIPTION)

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for mixed-use development as demonstrated with the submitted site plan, or those uses permitted in the C-4, Commercial District, AR-1, Apartment Residential District, AR-3, Apartment Residential District, I, Institutional District, R-3, Residential District, or R, Rural District.

 

SECTION 3.  That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled, "ZONING VARIANCE SITE PLAN; SHEETS 1-4," all dated June 12, 2025, and signed by David B. Perry, Agent for the Applicant and Robert Castor, 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 Ordinance #1941-2021 (CV21-040), passed July 26, 2021, be and is hereby revoked.

 

SECTION 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.