Explanation
Council Variance Application: CV26-050
APPLICANT: Thrive Companies, c/o David Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor, and Robert Castor, Atty.; Thrive Companies; 842 North 4th Street, Suite 200; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 6.1± acre site consists of portions of three undeveloped parcels in the M, Manufacturing District and CPD, Commercial Planned Development District. The requested Council variance will allow multi-unit residential development in the M and CPD districts with a maximum of 300 dwelling units. A Council variance is required because residential uses are restricted to a dwelling unit for a security person, or units within a halfway house or community residential treatment center, a hospital, or other building specifically for human care in the M district. The request includes variances to increase the allowable building height from 35 feet to 60 feet, allowing four story apartment buildings, a reduction in parking from 450 required spaces to 347 spaces, and to replace the approved CPD plan adopted with Ordinance #1996-2021 (Z21-021), with a new site plan. The site is within the planning area of the Columbus Growth Strategy (CGS) (2026), which recommends “Industrial & Warehouse” and “Mixed Use 3” land uses for this location. While a portion of the proposal is inconsistent with the “Industrial & Warehouse” land use recommendation, the requested use is consistent with the adjacent mixed-use development and with similar residential infill developments in urban areas of the city. Additionally, the request is consistent with the city’s objective in providing more housing in all neighborhoods.
Title
To grant a Variance from the provisions of Sections 3363.01, M-manufacturing districts; 3309.14, Height districts; 3312.49(C), Required Parking; 3361.07, Affect of development plan; and 3363.27(a), Height and area regulations, of the Columbus City codes; for the property located at 966 DUBLIN RD. (43215), to allow an apartment complex with reduced development standards in the M, Manufacturing District and the CPD, Commercial Planned Development District (Council Variance #CV26-050).
Body
WHEREAS, by application #CV26-050, the owner of property at 966 DUBLIN RD. (43215), is requesting a Variance to allow an apartment complex with reduced development standards in the M, Manufacturing District and the CPD, Commercial Planned Development District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits most residential uses, while the applicant proposes a multi-unit residential development with 300 dwelling units on the subject property; and
WHEREAS, Section 3309.14(A), Height districts, prohibits the height of a building to exceed 35 feet at the building setback line, while the applicant proposes increased building heights of 60 feet for the proposed apartment buildings; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 450 parking spaces for 300 dwelling units, while the applicant proposes a total of 347 parking spaces; and
WHEREAS, Section 3361.07, Affect of the registered development plan, states that a development plan registered hereunder shall be binding upon the applicant, their successors and assigns, and shall limit and control the issuance or validity of all certificates of zoning clearance, while the applicant proposes an apartment complex with up to 300 units that does not match the registered development plan; and
WHEREAS, Section 3363.27(a), Height and area regulations, the existing zoning district restricts building height to 35 feet, while the applicant proposes an increased building height of 60 feet; and
WHEREAS, City Departments recommend approval because the requested variances would allow multi-unit residential development compatible with surrounding uses, and aligns with the recommended land use of “Mixed-Use 3” 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 Certificate 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 966 DUBLIN RD. (43215), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Sections 3363.01, M-manufacturing districts; 3309.14, Height districts; 3312.49(C), Required Parking; 3361.07, Affect of development plan; and 3363.27(a), Height and area regulations, of the Columbus City codes; for the property located at 966 DUBLIN RD. (43215), insofar as said sections prohibit multi-unit residential development in the M, Manufacturing District, with increased building heights from 35 to 60 feet; a parking reduction from 450 required to 347 provided parking spaces; and to not conform with the approved and binding development plan as adopted with Ordinance #1996-2021 (Z21-021), said property being more particularly described as follows:
966 DUBLIN RD. (43215), being 6.1± acres located on the north side of Dublin Road 2,700± feet southeast of Grandview Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, being in the City of Columbus, being in Half-Section 7, Township 5 North, Range 22 West, Refugee Lands, being part of Lot 1 and Lot 2 of the Plat of Jefferson Zollinger’s Heirs Farm as recorded in Plat Book 8 Page 1, and being part of a 7.005 acre tract as conveyed to The Board of County Commissioners of Franklin County, Ohio in Deed Book 1176, Page 90, being part of a 5.195 acre tract as conveyed to 810 Grandview LLC in Instrument Number 202107060117656, and being part of the remainder of an 11.200 acre tract as conveyed to 810 Grandview LLC in Instrument Number 202208070115386, all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at the northwesterly corner of said 7.005 acre tract, also being a southeasterly corner of the remainder of said 11.200 acre tract;
Thence along the northerly line of said 7.005 acre tract and the southerly line of the remainder of said 11.200 acre tract, South 79°12’44” East, 8.49 feet to a point;
Thence across the remainder of said 11.200 acre tract, the following two (2) courses:
1) North 11°03’09” East, 74.03 feet to a point;
2) South 78°52’33” East, 621.89 feet to the easterly line of the remainder of said 11.200 acre tract;
Thence along the easterly lines of the remainder of said 11.200 acre tract and said 7.005 acre tract, south 03°54’54” West, 414.53 feet to a point;
Thence across said 7.005 acre tract and said 5.195 acre tract, North 79°09’15” West, 671.95 feet to a point;
Thence across said 5.195 acre tract and the remainder of said 11.200 acre tract, North 10°50’45” East, 269.05 feet to a point on the common line of said 7.005 acre tract and the remainder of said 11.200 acre tract;
Thence along said common line, North 03°53’41” East, 71.96 feet to TRUE POINT OF BEGINNING, containing 6.1± acres, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential development, or those uses permitted in the M, Manufacturing District and the CPD, Commercial Planned Development District, specified by Ordinance #1966-2021 (Z21-021).
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.