Explanation
Council Variance Application: CV20-031
APPLICANT: NRP Properties, LLC; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The site consists of two parcels developed with an entertainment venue and truck parking lot in the M, Manufacturing District. The requested Council variance will permit multi-unit residential development containing up to 180 units. A variance to reduce the required length and width of 26 parking spaces is included in the request. This proposed development will be subject to a competitive funding process with the Ohio Housing Finance Agency 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 #Z20-049, a request for the AR-1, Apartment Residential District, has been filed and is in the formal review process. Planning Division Staff does not support this request as the Northland I Area Plan (2014) recommends the site for “Employment Center,” which supports job related uses, and does not support retail or residential uses.
Title
To grant a Variance from the provisions of Sections 3363.01, M-manufacturing districts; and 3312.29, Parking space, of the Columbus City Codes; for the property located at 5055 SINCLAIR RD. (43229), to permit a multi-unit residential development containing up to 180-units with reduced parking space dimensions in the M, Manufacturing District (Council Variance #CV20-031).
Body
WHEREAS, by application #CV20-031, the owner of the property at 5055 SINCLAIR RD. (43229), is requesting a Council variance to permit a multi-unit residential development containing up to 180-units with reduced parking space dimensions in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing districts, prohibits multi-unit residential development, while the applicant proposes such a development containing up to 180 units; and
WHEREAS, Section 3312.29, Parking space, requires a parking space to be a rectangular area not less than 9 by 18 feet, while the applicant proposes a reduced width of 8 feet and a reduced length of 16 feet for 26 parking spaces as shown on the submitted site plan; and
WHEREAS, City Departments recommend disapproval because the Northland I Area Plan (2014) recommends the site for “Employment Center” land uses, which supports job related uses, and does not support retail or residential uses. The Applicant is required to complete Rezoning Application #Z20-049 as a condition of this ordinance; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed use; 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 5055 SINCLAIR RD. (43229), in using said property as desired; and
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; and 3312.29, Parking space, of the Columbus City Codes, is hereby granted for the property located at 5055 SINCLAIR RD. (43229), insofar as said sections prohibit a multi-unit residential development containing 180-units in the M, Manufacturing District, with reduced parking space width from 9 feet to 8 feet and reduced length from 18 feet to 16 feet for 26 spaces; said property being more particularly described as follows:
5055 SINCLAIR RD. (43229), ), being 7.55± acres located on the west side of Sinclair Road, 200± feet south of Freeway Drive North, and being more particularly described as follows:
DESCRIPTION OF 7.552 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 2, Range 18, United States Military Lands, and being all of those tracts described in a deed to DRJ Family, LLC (hereafter referred to as “DRJ tract”), of record in Instrument Number 20071227022181, 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 a southeast corner of said DRJ tract, being a northeast corner of that 3.049 acre tract described in a deed to Columbus Southern Power Company, of record in Instrument Number 200812240184021, and being on the existing west right-of-way line for Sinclair Road;
Thence North 87 degrees 15 minutes 09 seconds West, along the south line of said DRJ tract and along the north line of said 3.049 acre tract, a distance of 335.90 feet to a southwest corner of said DRJ tract, being the northwest corner of said 3.049 acre tract and being on the existing east railroad right-of-way line;
Thence North 02 degrees 50 minutes 40 seconds West, along a west line of said DRJ tract and along the existing east railroad right-of-way line, a distance of 427.43 feet to a southwest corner of said DRJ tract, being a northeast corner of the existing railroad right-of-way;
Thence North 87 degrees 41 minutes 32 seconds West, along a south line of said DRJ tract and along the existing north railroad right-of-way line, a distance of 39.73 feet to a southwest corner of said DRJ tract, being a northeast corner of the existing railroad right-of-way;
Thence North 02 degrees 47 minutes 13 seconds West, along a west line of said DRJ tract and along the existing east railroad right-of-way line, a distance of 402.19 feet to the northwest corner of said DRJ tract, being a southwest corner of that 2.169 acre tract described in a deed to Tony W. Bowman and Richard A. Bowman, Co-Trustees of the Tony W. Bowman Revocable Trust Dated May 19, 2015, of record in Instrument Number 201505210067176;
Thence South 87 degrees 08 minutes 56 seconds East, along the north line of said DRJ tract and along the south line of said 2.169 acre tract, a distance of 462.71 feet to the northeast corner of said DRJ tract, being on the existing west right-of-way line for Sinclair Road;
Thence South 03 degrees 13 minutes 22 seconds West, along the existing west right-of-way line for Sinclair Road and along the east line of said DRJ tract, a distance of 389.22 feet to a point;
Thence South 03 degrees 11 minutes 45 seconds West, continuing along the existing west right-of-way line for Sinclair Road and continuing along the east line of said DRJ tract, a distance of 435.38 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 7.552 acres, of which:
4.536 acres is located within Franklin County Auditor’s parcel number 010-061517,
3.016 acre is located within Franklin County Auditor’s parcel number 010-109761.
Bearings described herein are based on Grid North, NAD 83, per the Franklin County GIS.
This description is intended for zoning purposes only, was prepared from Franklin County GIS Data, and does not represent an actual field survey.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a multi-unit residential development containing 180 units, or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "ZONING PLAN FOR 5055 SINCLAIR RD.," signed by Dave Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated June 9, 2020. 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 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z20-049 through City Council action within one year of the date of passage of this ordinance.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.