Upper Arlington: BZAP approves revised proposal for condos at Fairlington and Fishinger

A revised proposal to build luxury condominiums at the northeast corner of Fairlington Drive and Fishinger Road will go back to Upper Arlington City Council after receiving an initial rezoning approval Aug. 17 from the city’s Board of Zoning and Planning.

Moment Development scaled back its plan from 22 units to 15 and changed the name from Fairlington Heights to Scioto Villas after Upper Arlington City Council unanimously rejected its previous rezoning request June 27.

"I believe the applicant has completed significant changes to the plan that were part of the request by council to make," BZAP member Bill Westbrook said. "Staff has provided a multi-page list of concerns over the process, all of which have been taken care of.

"I think (Moment Development's) community will be a good addition. I believe it is a good transition between a retail facility on a very busy street. I believe this project will significantly enhance your financial values for everything that's around it."

Moment Development founder Ohm Patel sought to rezone the 1.92-acre site from R-1b for a one-family residence district, to RCD, a residential community development district.

In denying the previous rezoning, which also had been approved by BZAP, council members largely said they believed the project was too dense, too tall and did not fit the character of the surrounding neighborhood, which consists primarily of single-family, one-story ranch houses.

Patel's new proposal calls for demolishing three single-family homes at 2750, 2770 and 2790 Fishinger Road, and construction of 15 two-story condos with first-floor "owner suites" ranging in size from 2,150 square feet to 2,835 square feet.

Plans call for each unit to have a two-car, attached garage as well as 14 on-site guest parking spaces for a total of 44 parking spaces.

Access to the development would be from a full-service driveway from Fairlington and a right-in/right-out driveway from Fishinger. These buildings would be 33 feet tall, which is down from a maximum height of 44 feet for some of the previously proposed condos. Plans for rooftop patios on the site's northern building have been scrapped.

If council supports the latest rezoning request, Patel intends to market the condos for an average price of $975,000.

In petitioning BZAP to support the rezoning, Patel said he's listened to concerns of neighbors to the site by reducing the number of condos from an original proposal of 29, to the current model of 15.

"There have been significant changes between what was denied by council and what you see today," Patel said. "I think we have definitely shown this board, city staff and the community that we want to work in putting a project together that makes sense for this corner."

Patel said he believes Upper Arlington is lacking housing for empty-nesters who want to stay in the community, but need to downsize from multi-floor homes to dwellings where they can primarily live on a first floor.

"We feel very confident in terms of putting a product forward in the community that the community needs," he said. "We've reduced the height and reduced the density.

"As a result, we've lightened the traffic. So we've really kind of resolved a lot of the issues."

Kevin Carpenter was the lone BZAP member to vote against recommending that council support the latest rezoning request.

He said the project falls short on five of the seven standards the BZAP is charged with considering in order to approve the rezoning, including that it would be necessary for public health or general welfare because the project would enhance the successful operation of the surrounding area in its basic community function or by providing an essential service to the community or region.

"I don't know that a rezoning is necessary for the public health and welfare," Carpenter said.

He also said he was concerned the project could harm property values in the area, that it would not fulfill the city's master plan call to protect single-family neighborhoods and that it would be out of character with the surrounding neighborhood.

"I think we've heard testimony for the past year and a half about how it's not in harmony with the neighborhood," Carpenter said.

Before voting in favor of the rezoning, BZAP members also heard from eight residents who remain opposed to the project. No one from the community spoke in support of the plans.

"I'm looking at the site plan and I'm looking at these elevations, and it sure looks to me that this developer is looking to put a pound of development into a quarter-pound bag," said Richard Sorenson, a Haviland Road resident. "This is the first step in the conversion of Fishinger Road into multi-family development all the way to Kenny Road.

"The single-family designation that is there now is exactly what it should be."

Beth Hathaway, who said she lives on Donna Drive in a home that would abut the proposed development, said Patel's latest plans are closer to being acceptable but still fall short.

"In simple terms, it's still way too tall and it's still way too dense," Hathaway said. "It's taller than an average three-story building."

Upper Arlington City Council clerk Krystal Gonchar said council tentatively is scheduled to hear the rezoning request during meetings at 7:30 p.m. Aug. 29, Sept. 6 and Sept. 12.

Each meeting will take place in council chambers at the Upper Arlington Municipal Services Center, 3600 Tremont Road. Council's vote is not expected before the Sept. 12 meeting.

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This article originally appeared on ThisWeek: Upper Arlington: BZAP approves revised proposal for condos at Fairlington and Fishinger