Explanation
Council Variance Application: CV05-048
APPLICANT: The New Albany Company; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development with fewer than 3-units per dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. A Council variance is necessary in that the L-ARO, Limited Apartment Office District does not allow more than one two-unit, three-unit or four-unit dwellings on a parcel. The applicant also requests technical variances including a perimeter yard reduction for internal property lines and to permit one and one-half story buildings where a minimum of two stories is required.
Title
To grant a variance from the provisions of Sections 3333.04, Permitted Uses, 3333.22 Maximum Side Yard, 3333.23 Minimum Side Yard, 3333.24 Rear Yard, 3370.6 Standards and 3370.07 Conditions and Limitation, of the Columbus City Codes for the property at 6037 CENTRAL COLLEGE ROAD (43054) to permit a multiple dwelling development of one story and one and one-half story two-, three- and four-unit buildings with no internal perimeter yard in the L-AR-O Limited Apartment Office District and to declare an emergency. (CV05-048)
Body
WHEREAS, by application #CV05-048 the owner of property at 6037 CENTRAL COLLEGE ROAD (43054) is requesting a Council Variance to permit a multiple dwelling development of one story and one and one-half story two, three and four unit dwellings with no internal perimeter yard in the L-AR-O Limited Apartment Office District; and
WHEREAS, Section 3333.04, Permitted Uses, does not permit two-unit dwellings and requires that three- and four-unit dwellings be developed in accordance with R-4 standards which does not permit multiple dwelling development, while the applicant wishes to construct more than one two, three and four-unit dwellings on the parcel which could be considered a multiple dwelling development which will not conform to the standards of the R-4, Residential District; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Sections 3333.22, Maximum Side Yard, 3333.23, Minimum Side Yard, and 3333.24, Rear Yard, permits a perimeter yard to meet the maximum and minimum side yard requirement and rear yard requirement for an apartment complex or multiple dwelling development only, while the applicant does not wish to provide a perimeter yard along the common property line between the parcels which comprise this proposed development; and
WHEREAS, Section 3370.6, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan in which event such more limited standards shall apply, while the applicant does not wish to comply with some of the standards of the underlying AR-O, Apartment Office District or some of the limitations contained in the limitation text of Z95-102; and
WHEREAS, Sections 3370.07, Conditions and Limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan, while the applicant does not wish to comply with the zoning text requirement in Z95-102 that requires all buildings to be at least two stories and not more than three stories in height; and
WHEREAS, the limited overlay text in Z95-102 does not permit one-story or one and one-half story two, three and four-unit dwellings as a multi-family development with no internal perimeter yard; and
WHEREAS, the City Department's note that a hardship exists in that the existing zoning classification does not permit a multiple dwelling development of one- story and one and one half story two, three and four-unit dwellings with no internal perimeter yard in the L-AR-O;
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood;
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 areas, 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 property owner located at 6037 CENTRAL COLLEGE ROAD (43054) in using said property as desired; now therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That a variance from Sections 3333.04 Permitted Uses, 3333.22 Maximum Side Yard, 3333.23 Minimum Side Yard, 3333.24 Rear Yard 3370.6 Standards and 3370.04 Conditions and Limitations of the Columbus City Codes are hereby granted for the property located at 6037 CENTRAL COLLEGE ROAD (43054), to permit a multiple dwelling development with one-story and one and one-half story two-, three and four-unit dwellings not in accordance with the R-4 standards which meets the perimeter yard requirement for its side and rear yards except that there is no perimeter yard between the internal tax parcel lines of the development, said property being more particularly described as follows:
SUBAREA 3
39.10 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands and being a part of those tracts of land as conveyed to The New Albany Company Limited Partnership by deeds of record in Official Records 12576B15 and 15685B19, all references being to those of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for reference at the centerline intersection of Central College Road and Harlem Road;
thence South 86° 09' 36" East, a distance of 1179.85 feet to a point;
thence South 5° 44' 42" East, a distance of 1086.54 feet to the True Point of Beginning for Sub Area 3;
thence North 84° 16' 29" East, a distance of 194.37 feet to a point;
thence South 67° 28' 44" East, a distance of 270.35 feet to a point;
thence South 32° 26' 37" East, a distance of 100.61 feet to a point;
thence South 64° 53' 04" East, a distance of 116.12 feet to a point;
thence South 49° 47' 33" East, a distance of 171.69 feet to a point;
thence North 81° 18' 24" East, a distance of 116.83 feet to a point;
thence South 69° 29' 26" East, a distance of 254.27 feet to a point;
thence South 30° 54' 52" East, a distance of 54.32 feet to a point;
thence South 4° 58' 29" West, a distance of 26.43 feet to a point;
thence South 27° 25' 50" East, a distance of 88.20 feet to a point;
thence North 74° 33' 01" East, a distance of 77.39 feet to a point;
thence South 7° 35' 30" East, a distance of 141.10 feet to a point;
thence North 79° 34' 54" East, a distance of 105.09 feet to a point;
thence South 32° 05' 57" East, a distance of 87.56 feet to a point;
thence South 56° 35' 06" East, a distance of 171.60 feet to a point;
thence South 19° 55' 21" East, a distance of 309.45 feet to a point;
thence South 9° 27' 53" West, a distance of 81.29 feet to a point;
thence North 85° 50' 38" West, a distance of 151.07 feet to a point;
thence South 24° 03' 22" West, a distance of 63.69 feet to a point;
thence South 47° 51' 13" East, a distance of 106.23 feet to a point;
thence South 49° 14' 52" West, a distance of 50.69 feet to a point;
thence North 59° 15' 52" West, a distance of 65.50 feet to a point;
thence South 49° 37' 10" West, a distance of 77.67 feet to a point;
thence South 4° 20' 04" West, a distance of 104.15 feet to a point;
thence South 89° 47' 02" West, a distance of 207.39 feet to a point;
thence South 83° 26' 40" West, a distance of 416.36 feet to a point;
thence South 85° 54' 32" West, a distance of 310.06 feet to a point;
thence North 89° 23' 12" West, a distance of 287.61 feet to a point;
thence North 5° 44' 42" West, a distance of 1539.22 feet to the True Point of Beginning and containing 39.10 acres of land, more or less.
The above description was prepared by Evans, Mechwart, Hambleton & Tilton, Inc. for rezoning purposes only and does not represent an actual field survey by this firm.
SUBAREA 4
42.01 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands and being a part of those tracts of land as conveyed to The New Albany Company Limited Partnership by deeds of record in Official Records 12576B15 and 15685B19, all references being to those of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for reference at the centerline intersection of Central College Road and Harlem Road;
thence South 86° 09' 36" East, a distance of 1179.85 feet to a point;
thence South 5° 44' 42" East, a distance of 50.70 feet to the True Point of Beginning for Sub Area 4;
thence South 86° 09' 36" East, a distance of 459.61 feet to a point;
thence South 85° 59' 39" East, a distance of 881.90 feet to a point;
thence South 3° 42' 16" West, a distance of 428.01 feet to a point;
thence South 86° 00' 00" East, a distance of 350.61 feet to a point in the arc of a curve to the left;
thence with the arc of said curve to the left (Delta = 35° 52' 37", Radius = 1000.00 feet), a chord bearing and distance of South 21° 44' 27" East, 615.99 feet to a point;
thence North 81° 17' 43" West, a distance of 101.63 feet to a point;
thence South 48° 01' 38" West, a distance of 81.95 feet to a point;
thence South 88° 02' 09" West, a distance of 105.67 feet to a point;
thence South 63° 20' 00" West, a distance of 200.16 feet to a point
thence South 40° 10' 23" West, a distance of 63.12 feet to a point;
thence South 25° 49' 02" East, a distance of 227.88 feet to a point;
thence South 74° 25' 33" West, a distance of 177.04 feet to a point;
thence South 74° 33' 01" West, a distance of 77.39 feet to a point;
thence North 27° 25' 50" West, a distance of 88.20 feet to a point;
thence North 4° 58' 29" East, a distance of 26.43 feet to a point;
thence North 30° 54' 52" West, a distance of 54.32 feet to a point;
thence North 69° 29' 26" West, a distance of 254.27 feet to a point;
thence South 81° 18' 24" West, a distance of 116.83 feet to a point;
thence North 49° 47' 33" West, a distance of 171.69 feet to a point;
thence North 64° 53' 04" West, a distance of 116.12 feet to a point;
thence North 32° 26' 37" West, a distance of 100.61 feet to a point;
thence North 67° 28' 44" West, a distance of 270.35 feet to a point;
thence South 84° 16' 29" West, a distance of 194.37 feet to a point;
thence North 5° 44' 42" West, a distance of 1035.84 feet to the True Point of Beginning and containing 42.01 acres of land, more or less.
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands, and being part of the original 101.642 acre tract conveyed to The New Albany Company LLC by deeds of record in Official Records 16105 D10, 12756 B15 and 21256 E01 and Instrument Number 199811120289607, (all references refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for Reference, at the centerline intersection of Central College Road with New Albany Road West, of record in Plat Book 103, Page 32-33, being North 85 deg. 59' 39" West, a distance of 1167.02 feet from Franklin County Geodetic Survey Monument No. 5211;
Thence North 85 deg. 59' 39" West, a distance of 1543.82 feet, with the centerline of said Central College Road, to Franklin County Geodetic Survey Monument No. 5212;
Thence North 86 deg. 09' 36" West, a distance of 468.12 feet, continuing with said centerline, to a point, being South 86 deg. 09' 36" East, a distance of 1179.85 feet from Franklin County Geodetic Survey Monument No. 5547;
Thence South 05 deg. 44' 42" East, a distance of 1350.67 feet, across the right-of-way of said Central College Road and with the westerly line of said original 101.642 acre tract and the easterly lines of the 3.0 acre tract conveyed to The New Albany Company LLC by deeds of record in Instrument Numbers 199709160093754 and 199811120289607, the 28.528 acre tract conveyed to Sugar Run at New Albany Park, Ltd. by deed of record in Instrument Number 200506010105555 and the 5 acre tract conveyed to Rocky Ridge Grace Brethren Church by deed of record in Official Record 24432 D13, to an iron pin set, the TRUE POINT OF BEGINNING;
Thence across said original 101.642 acre tract, the following courses and distances:
North 53 deg. 37' 57" East, a distance of 396.45 feet, to a point;
South 78 deg. 41' 48" East, a distance of 44.01 feet, to a point;
South 75 deg. 46' 16" East, a distance of 129.00 feet, to a point;
South 51 deg. 54' 17" East, a distance of 67.65 feet, to a point;
South 61 deg. 26' 57" East, a distance of 127.22 feet, to a point;
South 60 deg. 34' 18" East, a distance of 322.20 feet, to a point;
South 80 deg. 29' 31" East, a distance of 43.04 feet, to a point;
North 86 deg. 39' 35"East, a distance of 51.49 feet, to a point;
North 79 deg. 16' 08" East, a distance of 25.24 feet, to a point;
North 67 deg. 51' 02" East, a distance of 58.09 feet, to a point;
North 84 deg. 43' 17" East, a distance of 18.48 feet, to a point;
South 75 deg. 13' 42" East, a distance of 20.79 feet, to a point;
South 33 deg. 41' 24" East, a distance of 10.82 feet, to a point;
South 11 deg. 46' 06" East, a distance of 4.90 feet, to a point;
South 05 deg. 04' 47" West, a distance of 18.07 feet, to a point;
South 25 deg. 43' 28" West, a distance of 79.25 feet, to a point;
South 15 deg. 52' 39" West, a distance of 34.72 feet, to a point;
South 02 deg. 26' 12" East, a distance of 9.41 feet, to a point;
South 17 deg. 44' 41" East, a distance of 15.75 feet, to a point;
South 39 deg. 25' 40" East, a distance of 8.44 feet, to a point;
South 46 deg. 48' 09" East, a distance of 37.14 feet, to a point;
South 52 deg. 16' 27" East, a distance of 20.02 feet, to a point;
South 60 deg. 16' 32" East, a distance of 20.59 feet, to a point;
South 67 deg. 44' 34" East, a distance of 23.94 feet, to a point;
South 02 deg. 13' 01" West, a distance of 85.67 feet, to a point;
South 16 deg. 48' 55" East, a distance of 39.04 feet, to a point;
South 64 deg. 30' 35" East, a distance of 34.41 feet, to a point;
North 51 deg. 21' 42" East, a distance of 22.59 feet, to a point;
North 61 deg. 04' 01" East, a distance of 37.90 feet, to a point;
South 69 deg. 47' 50" East, a distance of 28.58 feet, to a point;
South 40 deg. 30' 18" East, a distance of 69.55 feet, to a point;
South 23 deg. 13' 20" East, a distance of 37.60 feet, to a point;
South 62 deg. 39' 16" East, a distance of 112.04 feet, to a point;
South 40 deg. 05' 37" East, a distance of 65.99 feet, to a point;
South 17 deg. 03' 06" East, a distance of 127.60 feet, to a point;
South 22 deg. 14' 49" East, a distance of 91.82 feet, to a point;
South 15 deg. 44' 20" East, a distance of 98.90 feet, to a point;
South 17 deg. 12' 53" West, a distance of 31.00 feet, to a point;
South 53 deg. 49' 11" West, a distance of 41.40 feet, to a point;
North 87 deg. 14' 05" West, a distance of 43.81 feet, to a point;
North 75 deg. 43' 01" West, a distance of 74.29 feet, to a point;
South 50 deg. 59' 05" West, a distance of 33.61 feet, to a point;
South 23 deg. 58' 47" West, a distance of 27.79 feet, to a point;
South 20 deg. 07' 01" East, a distance of 30.79 feet, to a point;
South 59 deg. 57' 32" East, a distance of 61.97 feet, to a point;
South 15 deg. 26' 27" East, a distance of 21.22 feet, to a point;
South 38 deg. 13' 54" West, a distance of 42.19 feet, to a point;
North 76 deg. 17' 41" West, a distance of 62.48 feet, to a point;
South 75 deg. 32' 33" West, a distance of 22.60 feet, to a point;
South 48 deg. 40' 23" West, a distance of 46.99 feet, to a point;
South 15 deg. 05' 42" West, a distance of 111.30 feet, to an iron pin set in the northerly limited access right-of-way line of Relocated State Route 161, being the northerly line of the 11.623 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 27687 B06;
Thence with said northerly limited access right-of-way line, and the northerly lines of said 11.623 acre tract, the 55.176 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 25998 D10 and the 0.191 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 26998 C13, the following courses and distances:
South 89 deg. 47' 03" West, a distance of 179.72 feet, to an iron pin set;
South 83 deg. 26' 35" West, a distance of 416.36 feet, to an iron pin set;
South 85 deg. 54' 32" West, a distance of 310.06 feet, to an iron pin set;
North 89 deg. 23' 12" West, a distance of 287.60 feet, to an iron pin set in the easterly line of the 5.211 acre tract conveyed to MH Murphy Development Company by deed of record in Instrument Number 200306030164723, at the southwesterly corner of said original 101.642 acre tract;
Thence North 05 deg. 44' 42" West, a distance of 1275.12 feet, with the westerly line of said original 101.642 acre tract and the easterly lines of said 5.211 acre tract, the 5.211 acre tract conveyed to MH Murphy Development Company by deed of record in Instrument Number 200308270271329, the 5.211 acre tract conveyed to MH Murphy Development Company by deed of record in Instrument Number 200406210142808, the 3.971 acre tract conveyed to Christopher K. and Rhonda J. Skaggs by deed of record in Official Record 8159 E09, the 5 acre tract conveyed to John T. and Tina M. Gundlach by deed of record in Official Record 19929 J07, the 5 acre tract conveyed to John D., John B., Marian L. and Barbara S. Shockey by deed of record in Official Record 21172 C15 and said Rocky Ridge Grace Brethren Church tract, to the TRUE POINT OF BEGINNING, containing 39.268 acres, more or less, being 4.506 acres from PID 010-220118, 34.623 acres from PID 010-220117 and 0.139 acre from PID 010-220116.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System as per NAD 83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 5574 and Frank 5113, with a portion of Central College Road having a bearing of South 86 deg. 09' 36" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
36.987 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands, and being part of the original 101.642 acre tract conveyed to The New Albany Company LLC by deeds of record in Official Records 16105 D10, 12756 B15 and 21256 E01 and Instrument Number 199811120289607, (all references refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for Reference, at the centerline intersection of Central College Road with New Albany Road West, of record in Plat Book 103, Page 32-33, being North 85 deg. 59' 39" West, a distance of 1167.02 feet from Franklin County Geodetic Survey Monument No. 5211;
Thence North 85 deg. 59' 39" West, a distance of 1147.64 feet, with the centerline of said Central College Road, to a point, being South 85 deg. 59' 39" East, a distance of 396.18 feet from Franklin County Geodetic Survey Monument No. 5212;
Thence South 04 deg. 00' 21" West, a distance of 50.00 feet, across the right-of-way of said Central College Road, to an iron pin set in the southerly right-of-way line thereof, in the southerly line of the 3.419 acre tract conveyed to The Board of Franklin County Commissioners by deed of record in Instrument Number 200309290311698 and in the northerly line of the remainder of said original 101.642 acre tract, the TRUE POINT OF BEGINNING;
Thence across the remainder of said original 101.642 acre tract, the following courses and distances:
South 07 deg. 03' 09" West, a distance of 251.19 feet, to an iron pin set;
South 38 deg. 06' 21" West, a distance of 187.79 feet, to an iron pin set;
South 36 deg. 22' 03" East, a distance of 332.61 feet, to an iron pin set;
North 53 deg. 38' 27" East, a distance of 514.48 feet, to an iron pin set;
South 38 deg. 46' 01" East, a distance of 247.49 feet, to an iron pin set at a point of curvature;
With said curve to the right, having a central angle of 29 deg, 19' 52", a radius of 205.00 feet, an arc length of 104.94 feet, and a chord which bears South 24 deg. 06' 05" East, a chord distance of 103.80 feet, to an iron pin set at a point of tangency;
South 09 deg. 26' 09" East, a distance of 46.08 feet, to an iron pin set;
North 80 deg. 33' 51" East, a distance of 426.44 feet, to an iron pin set in a curve in the westerly right-of-way line of said New Albany Road West;
Thence with said curve to the left, having a central angle of 27 deg. 54' 21", a radius of 1050.00 feet, an arc length of 511.40 feet, and a chord bearing South 23 deg. 23' 20" East, a chord distance of 506.36 feet, with said southwesterly right-of-way line, and said northeasterly line, to an iron pin set;
Thence across the remainder of said original 101.642 acre tract, the following courses and distances:
North 85 deg. 27' 02" West, a distance of 19.07 feet, to a point;
North 63 deg. 22' 25" West, a distance of 32.58 feet, to a point;
North 38 deg. 29' 02" West, a distance of 67.91 feet, to a point;
North 55 deg. 38' 48" West, a distance of 36.02 feet, to a point;
South 58 deg. 01' 05" West, a distance of 18.45 feet, to a point;
South 40 deg. 15' 23" West, a distance of 49.25 feet, to a point;
South 58 deg. 50' 55" West, a distance of 37.03 feet, to a point;
South 83 deg. 34' 24" West, a distance of 55.91 feet, to a point;
North 80 deg. 14' 48" West, a distance of 48.43 feet, to a point;
North 83 deg. 40' 14" West, a distance of 42.51 feet, to a point;
North 83 deg. 29' 03" West, a distance of 30.28 feet, to a point;
South 37 deg. 29' 55" West, a distance of 38.36 feet, to a point;
South 59 deg. 29' 18" West, a distance of 45.95 feet, to a point;
South 87 deg. 06' 29" West, a distance of 100.64 feet, to a point;
South 65 deg. 02' 30" West, a distance of 81.74 feet, to a point;
South 60 deg. 35' 29" West, a distance of 90.89 feet, to a point;
South 53 deg. 03' 11" West, a distance of 52.15 feet, to a point;
South 00 deg. 00' 15" East, a distance of 26.09 feet, to a point;
South 16 deg. 56' 49" East, a distance of 50.86 feet, to a point;
South 11 deg. 36' 29" East, a distance of 56.15 feet, to a point;
South 34 deg. 45' 30" East, a distance of 46.96 feet, to a point;
South 30 deg. 29' 34" East, a distance of 55.64 feet, to a point;
South 09 deg. 47' 04" West, a distance of 20.75 feet, to a point;
South 66 deg. 25' 42" West, a distance of 54.67 feet, to a point;
South 70 deg. 50' 01" West, a distance of 51.55 feet, to a point;
North 63 deg. 27' 44" West, a distance of 25.25 feet, to a point;
South 88 deg. 15' 54" West, a distance of 23.30 feet, to a point;
South 41 deg. 21' 57" West, a distance of 23.55 feet, to a point;
North 67 deg. 44' 34" West, a distance of 23.94 feet, to a point;
North 60 deg. 16' 32" West, a distance of 20.59 feet, to a point;
North 52 deg. 16' 27" West, a distance of 20.02 feet, to a point;
North 46 deg. 48' 09" West, a distance of 37.14 feet, to a point;
North 39 deg. 25' 40" West, a distance of 8.44 feet, to a point;
North 17 deg. 44' 41" West, a distance of 15.75 feet, to a point;
North 02 deg. 26' 12" West, a distance of 9.41 feet, to a point;
North 15 deg. 52' 39" East, a distance of 34.72 feet, to a point;
North 25 deg. 43' 28" East, a distance of 79.25 feet, to a point;
North 05 deg. 04' 47" East, a distance of 18.07 feet, to a point;
North 11 deg. 46' 06" West, a distance of 4.90 feet, to a point;
North 33 deg. 41' 24" West, a distance of 10.82 feet, to a point;
North 75 deg. 13' 42" West, a distance of 20.79 feet, to a point;
South 84 deg. 43' 17" West, a distance of 18.48 feet, to a point;
South 67 deg. 51' 02" West, a distance of 58.09 feet, to a point;
South 79 deg. 16' 08" West, a distance of 25.24 feet, to a point;
South 86 deg. 39' 35" West, a distance of 51.49 feet, to a point;
North 80 deg. 29' 31" West, a distance of 43.04 feet, to a point;
North 60 deg. 34' 18" West, a distance of 322.20 feet, to a point;
North 61 deg. 26' 57" West, a distance of 127.22 feet, to a point;
North 51 deg. 54' 17" West, a distance of 67.65 feet, to a point;
North 75 deg. 46' 16" West, a distance of 129.00 feet, to a point;
North 78 deg. 41' 48" West, a distance of 44.01 feet, to a point;
South 53 deg. 37' 57" West, a distance of 396.45 feet, to an iron pin set in the line common to said original 101.642 acre tract and the 5 acre tract conveyed to Rocky Ridge Grace Brethren Church by deed of record in Official Record 24432 D13;
Thence North 05 deg. 44' 42" West, a distance of 1299.97 feet, with the westerly line of said original 101.642 acre tract and the easterly lines of said 5 acre tract and the 28.528 acre tract conveyed to Sugar Run at New Albany Park, Ltd. by deed of record in Instrument Number 200506010105555, to an iron pin set at the common corner of said 3.0 and 28.528 acre tracts;
Break1
Thence South 86 deg. 09' 36" East, a distance of 459.61 feet, with said southerly right-of-way line, the southerly line of said 3.419 acre tract and the northerly lines of said 2.0 acre tract, 3.0 acre tract and the remainder of said original 101.642 acre tract, to an iron pin set;
Thence South 85 deg. 59' 39" East, a distance of 396.10 feet, continuing with said southerly right-of-way line and the line common to the remainder of said original 101.642 acre tract and said 3.419 acre tract, to the TRUE POINT OF BEGINNING, containing 36.987 acres, more or less, being 9.764 acres out of PID 010-220118, 24.842 acres out of PID 010-220117 and 2.381 acres out of PID 010-220116.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thrteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System as per NAD 83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 5574 and Frank 5113, with a portion of Central College Road having a bearing of South 86 deg. 09' 36" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
Section 2. That this ordinance is conditional on and shall remain in effect only for so long as said property is used for a multiple dwelling development of two, three, and four-unit dwellings of one-story and one and one-half stories in height or those uses in the L-AR-O, Limited Apartment Office District.
Section 3. That a maximum of 350 dwelling units shall be permitted on said property.
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 shall take effect and be in force from and after the earliest period allowed by law. 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.