Explanation
Council Variance Application: CV24-100
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.; 411 East Town Street, Second Floor; Columbus, OH 43215.
PROPOSED USE: Mixed-residential development.
NORTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 9.19± acre site consists of one parcel developed with a hardware store in the L-M, Limited Manufacturing District. The requested Council variance will allow a 173-unit mixed-residential development on the site, consisting of seven apartment buildings, and ten detached single-unit dwellings. Additional variances to allow increased building height, reduced parking lot screening, reduced required parking, and reduced building lines are included in the request. The 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 Council variance process is supported to assist in this state funding application process as Rezoning Application #Z24-041, a request for the AR-1, Apartment Residential District, has been filed and is in the formal review process, and because the proposed development will provide mixed-income affordable and workforce housing consistent with the City’s objectives. The site is within the planning boundaries of the North Linden Neighborhood Plan Amendment (2014), which recommends “Community Commercial” land uses at this location. Although the proposed use is not consistent with the Plan’s land use recommendation, staff believes it is an appropriate use, based on the site’s proximity to the Cleveland Avenue Zone In corridor districts and neighboring residential uses. Additionally, the proposal is consistent with the design recommendations of the Plan and Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
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, 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 (Council Variance #CV24-100) and to declare an emergency.
Body
WHEREAS, by application #CV24-100, 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
WHEREAS, Section 3363.01, M- manufacturing districts, prohibits residential development, while the applicant proposes a mixed-residential development containing up to 173 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 C-4, Commercial uses and M-2, Manufacturing 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 a mixed-residential development with up to 173 units; 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 50 feet and 42 feet, as indicated on the site plan; and
WHEREAS, Section 3312.21, 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, 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 (FSCP); and
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit for a 173-unit development or a total of 260 parking spaces, while the applicant proposes 225 parking spaces; 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 two feet from Innis Road; 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 the multi-unit residential development will provide mixed-income affordable and workforce housing consistent with the City’s objectives; 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:
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 Nationwide Children’s Hospital having a pending Ohio Housing Finance Agency (OHFA) LIHTC application related to the proposed housing development. Proof of zoning is required for the application; 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, Landscaping and screening; 3312.49, Required parking; 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 173 units; with an increase in building heights from 35 feet to 50 feet and 42 feet; no parking lot screening along the western property line to allow pedestrian and/or vehicular connections; a reduction in the required number of parking spaces from 260 to 225 provided spaces; and a reduction in the building setback along Innis Road from 50 feet to two feet; 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:
Situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:
Section 1, Township 1, Range 18, United States Military Lands, containing 9.564 acres of land more or less, said 9.564 acres being out of that tract of land (30.830 acres of land, more or less, by survey of Hockaden-Lipes-Rousculp, Inc., March 1970) described in a deed to Harrison W. Smith, Trustee, of record in Deed Book 2370, Page 27, Recorder’s Office, Franklin County, Ohio, said 9.564 acres being more particularly described as follows:
Beginning at the point of Intersection of the centerline of Innis Road with a Westerly line of the Penn Central Railroad right-of-way (formerly the Cleveland, Akron and Columbus Railroad), said point of beginning also being the Southeasterly corner of said 30.830 acre tract;
Thence N 85° 00’ 15” W, with the centerline of said Innis Road, a Southerly line of said 30.830 acre tract, a distance of 300.00 feet to a point;
Thence N 15° 38’ 45” E, parallel with and 294.83 feet Westerly from, as measured at right angles, the Easterly line of said 30.830 acre tract, a Westerly right-of-way line of the said Penn Central Railroad, a distance of 1412.35 feet to a point in the Northerly line of said 30.830 acre tract, the Southerly line of Elmore Addition as the same is shown of record in Plat Book 9, Pages 30 and 31, Recorder’s Office, Franklin County, Ohio;
Thence S 85° 14’ 15” E, with the Northerly line of said 30.830 acre tract, the Southerly line of said Elmore Addition, a distance of 300.23 feet to the Northeasterly corner of said 30.830 acre tract, the Southeasterly corner of said Elmore Addition, a Westerly right-of-way line of said Penn Central Railroad;
Thence S 15° 38’ 45” W, with the Easterly line of said 30.830 acre tract, a Westerly right-of-way line of said Penn Central Railroad, a distance of 1413.59 feet to the point of beginning and containing 9.564 acres of land, more or less.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
Situated in the State of Ohio, County of Franklin, and City of Columbus:
Beginning at the owner’s Southeasterly property corner, being the intersection of the centerline of West Innis Road and the Westerly right-of-way line of the Penn Central Transportation Company (33.00 feet wide) said corner being at Innis Road centerline Station 107 plus 62.70 of the above mentioned survey;
Thence along the owner’s Southerly property line, being also said centerline North 85° 35’ 41” W a distance of 300.00 feet;
Thence along the owner’s Westerly line North 15° 02’ 57” East a distance of 40.70 feet;
Thence along a line North 88° 26’ 08” East a distance of 307.68 feet;
Thence along the owner’s Easterly line, being also the above mentioned right-of-way line, South 15° 02’ 57” West a distance of 73.26 feet to the place of beginning, containing 0.386 acres, more or less, including 0.207 acres, more or less, occupied by the present road.
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 permitted in the L-M, Limited Manufacturing District as permitted by Ordinance #0811-86 (Z85-080).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “ZONING PLAN,” dated October 15, 2024, and signed by David B. 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 Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z24-041 through City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA), or within three 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.
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.