Explanation
Council Variance Application: CV25-109
APPLICANT: Woda Cooper Cos., Inc., c/o David Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor, and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Apartment building.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 5.58± acre site consists of one parcel developed with a religious facility in the RRR, Restricted Rural Residential District. The requested Council variance will allow the development of a 72-unit apartment building, pending a future lot split. A Council variance is required because the RRR district does not allow multi-unit residential development. Variances to parking lot screening, required parking, fronting, rear yard, and building height are included in this request. The applicant will be seeking competitive funding from the Ohio Housing Finance Authority (OHFA) for the proposed development. Staff supports the requested variances as they will enable the proposed building and site layout which is consistent with the recommended land use of “Mixed-Use 2” by the Columbus Growth Strategy (2026) map. The request does not add an incompatible use to the area, and provides more housing units at varying price points, which is consistent with the City’s priorities.
Title
To grant a Variance from the provisions of Sections 3332.025, RRR restricted rural residential district; 3312.21(D)(1)(b), Landscaping and screening; 3312.49(C), Required parking; 3332.19, Fronting; 3332.27, Rear yard; and 3332.29, Height district, of the Columbus City Codes; for the property located at 4500 REFUGEE RD. (43232), to allow an apartment building with reduced development standards in the RRR, Restricted Rural Residential District (Council Variance #CV25-109).
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WHEREAS, by application #CV25-109, the owner of the property at 4500 REFUGEE RD. (43232), is requesting a Variance to allow an apartment building with reduced development standards in the RRR, Restricted Rural Residential District; and
WHEREAS, Section 3332.025, RRR restricted rural residential district, prohibits multi-unit residential developments, while the applicant proposes to construct a 72-unit apartment building on a newly-created lot; and
WHEREAS, Section 3312.21(D)(1)(B), Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes to maintain no parking lot screening for the existing religious facility parking lot; and
WHEREAS, Section 3312.49(C), Required parking, 1.5 parking spaces per dwelling unit for a total of 108 required parking spaces, while the applicant proposes to provide 88 parking spaces for the proposed apartment building; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling or other principal building to have frontage on a public street, while the applicant proposes no frontage for the apartment building, as shown on the site plan; 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 a rear yard of 11.5 percent for the proposed 1.91 acre apartment building parcel; and
WHEREAS, Section 3332.29, Height district, 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 an increased maximum building height of 50 feet for the proposed apartment building; and
WHEREAS, the Greater South East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal is compatible with surrounding uses, and aligns with the recommended land use of “Mixed-Use 2” as identified on the Columbus Growth Strategy map, and provides more housing units consistent with the City’s priorities; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed apartment building; 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 4500 REFUGEE RD. (43232), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.025, RRR restricted rural residential district; 3312.21(D)(1)(b), Landscaping and screening; 3312.49(C), Required parking; 3332.19, Fronting; 3332.27, Rear yard; and 3332.29, Height district, of the Columbus City Codes, for the property located at 4500 REFUGEE RD. (43232), insofar as said sections prohibit a 72-unit apartment building in the RRR, Restricted Rural Residential District, with no parking lot screening for the existing religious facility parking lot; a reduction in required parking from 108 to 88 spaces for the proposed apartment building; an apartment building that does not front a public street; a reduction in rear yard from 25 to 11.5 percent for the proposed apartment building; and an increased building height from 35 feet to 50 feet for the proposed apartment building; said property being more particularly described as follows:
4500 REFUGEE RD. (43232), being 5.58± acres located on the north side of Refugee Road at the northeast corner of Refugee Road and Citizens Place, and being more particularly described as follows:
DESCRIPTION OF A 3.673 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 49, Township 12, Range 21, Refugee Lands, being a part of that 5.582 acre tract of land described in a deed to Ebenezer Baptist Church of Columbus, Ohio, of record in Instrument Number 200809160139799, 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 intersection of the existing north right-of-way line for Refugee Road (R/W width varies) and the existing east right-of-way line for Citizens Place (R/W width varies), said point being the southwest corner of said 5.582 acre tract;
Thence North 04 degrees 25 minutes 50 seconds East, along the existing east right-of-way line for said Citizens Place, and along the west line of said 5.582 acre tract, a distance of 484.81 feet to a point;
Thence South 85 degrees 34 minutes 10 seconds East, across said 5.582 acre tract, and along a proposed division line, a distance of 330.00 feet to a point on the east line of said 5.582 acre tract;
Thence South 04 degrees 25 minutes 50 seconds West, along the east line of said 5.582 acre tract, a distance of 484.81 feet to the southeast corner of said 5.582 acre tract, being on the existing north right-of-way line for said Refugee Road;
Thence North 85 degrees 34 minutes 10 seconds West, along the existing north right-of-way line for said Refugee Road, and along the south line of said 5.582 acre tract, a distance of 330.00 feet to the POINT OF BEGINNING for this description.
The above described tract contains a total area of 3.673 acres, all of which are located within Franklin County Auditor’s parcel number 010-118455.
This description is intended for zoning purposes only and does not represent an actual boundary survey. It was prepared using Franklin County GIS data and record documents only.
DESCRIPTION OF A 1.909 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 49, Township 12, Range 21, Refugee Lands, being a part of that 5.582 acre tract of land described in a deed to Ebenezer Baptist Church of Columbus, Ohio, of record in Instrument Number 200809160139799, 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:
Commencing for reference at the intersection of the existing north right-of-way line for Refugee Road (R/W width varies) and the existing east right-of-way line for Citizens Place (R/W width varies), said point being the southwest corner of said 5.582 acre tract;
Thence North 04 degrees 25 minutes 50 seconds East, along the existing east right-of-way line for said Citizens Place, and along the west line of said 5.582 acre tract, a distance of 484.81 feet to the TRUE POINT OF BEGINNING for this description;
Thence North 04 degrees 25 minutes 50 seconds East, continuing along the west line of said 5.582 acre tract, a distance of 252.00 feet to the northwest corner of said 5.582 acre tract;
Thence South 85 degrees 34 minutes 10 seconds East, along the north line of said 5.582 acre tract, a distance of 330.00 feet to the northeast corner of said 5.582 acre tract;
Thence South 04 degrees 25 minutes 50 seconds West, along the east line of said 5.582 acre tract, a distance of 252.00 feet to a point;
Thence North 85 degrees 34 minutes 10 seconds West, across said 5.582 acre tract, and along a proposed division line, a distance of 330.00 feet to the TRUE POINT OF BEGINNING for this description.
The above described tract contains a total area of 1.909 acres, all of which are located within Franklin County Auditor’s parcel number 010-118455.
This description is intended for zoning purposes only and does not represent an actual boundary survey. It was prepared using Franklin County GIS data and record documents only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment development, or those uses allowed in the in the RRR, Restricted Rural Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan titled, “SITE PLAN,” dated February 4, 2026, and signed by Dave Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant. 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. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed apartment building.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.