Explanation
Council Variance Application # CV14-031
APPLICANT: Metro Development, LLC; c/o Deanna R. Cook, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Reduced parking setback line for an apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site will be developed as Phase II of the Remington Woods apartment complex. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance No. 2244-2014, Z14-026) to the L-ARLD, Limited Apartment Residential District, for the development of this phase, and to revise the site plan and setback requirements on Phase I which will result in the development of a maximum of 276 units on 17.46 acres (15.81 units/acre). The applicant is requesting a variance to reduce the required parking setback line from twenty-five (25) feet to five (5) feet along Lazelle Road to continue the established parking setback line for Phase II. Phase I of the development received the same parking setback reduction with Ordinance No. 2550-2012 (CV12-005). The proposed variance is supported due to the presence of stream corridor protection zones within the property, and the reduced setback provides a greater capacity to preserve natural features.
Title
To grant a variance from the provisions of Section 3312.27, Parking setback line, of the Columbus City codes; for the property located at 80 LAZELLE ROAD (43235), to permit a reduced parking setback line for an apartment complex in the L-ARLD, Limited Apartment Residential District (Council Variance # CV14-031).
Body
WHEREAS, by application No. CV14-031, the owner of property at 80 LAZELLE ROAD (43235), is requesting a Council Variance to permit a reduced parking setback line for an apartment complex in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum twenty-five (25) foot parking setback line, while the applicant proposes a five (5) foot parking setback along Lazelle Road; and
WHEREAS, the City Departments recommend approval because the proposed variance allows development that is consistent with the parking setback line along Lazelle Road, and is due to stream corridor protection zones within the property; and
WHEREAS, said ordinance requires separate submission for all applicable permits and 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 80 LAZELLE ROAD (43235), 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 the provisions of Section 3312.27, Parking setback line, of the Columbus City codes, is hereby granted for the property located at 80 LAZELLE ROAD (43235), in so far as said section prohibits a reduced parking setback line of five (5) feet along Lazelle Road, in the L-ARLD, Limited Apartment Residential District, said property being more particularly described as follows:
80 LAZELLE ROAD (43235), being 8.26± acres located on the north side of Lazelle Road, 450± feet west of Arnold Place, and being more particularly described as follows:
TRACT 1
Situated in the State of Ohio, County of Delaware, Township of Orange, lying in Farm Lot 8, Section 3, Township 3, Range 18, United States Military District and being 3.962 acres of that 4.038 acre tract conveyed to Donald E. Craven and Barbara J. Craven, by deed of record in Deed Book 461, Page 761, (P.I.D. 31834301013000) (all records herein of the Recorder's Office, Delaware County, Ohio, and being more particularly described as follows):
BEGINNING at the angle point in the existing City of Columbus Corporation line as established by Ordinance Number 1527-2003 and of record in Plat Cabinet 2, Slide 217 and being the southeasterly corner of "Reserve B" of the Village at Olentangy Meadows Section 1, Part 1 a subdivision of record in Plat Cabinet 3, Slides 473-473A;
Thence South 01° 31' 29" West, a distance of 290.27 feet, along the westerly line of O.W. Roll Subdivision a subdivision of record in Plat Book 4, Page 303, the easterly line of said 3.962 acre tract as conveyed to Barbara J. Craven and Donald E. Craven by deed of record in Deed Book 461, Page 761, to a point on the northerly line of that 0.243 acre tract as conveyed to Jeffrey S. Carpenter by deed of record in Official Record 13, Page 227;
Thence North 87° 10' 42" West, a distance of 115.03 feet, along the line common to said 0.243 and 3.962 acre tracts to a point;
Thence South 01° 31' 29" West, a distance of 473.21 feet, along the line common to said 0.243 and 3.962 acre tracts and the westerly line of that 1.534 acre tract as conveyed to William B. Boggs and Marcella J. Boggs by deed of record in Official Record 10, Page 1549 to a point;
Thence North 87° 03' 08" West, a distance of 100.03 feet, along the line common to said 1.00 acre tract as conveyed to Ali Kaverizadeh by deed of record in Official Record 697, Page 817 and 3.962 acre tract to a point;
Thence South 01° 31' 29" West, a distance of 407.67 feet, along the line common to said 1.00 and 3.962 acre tracts to a point on the northerly right-of-way of Lazelle Road;
Thence North 87° 03' 08" West, a distance of 120.52 feet, across said 3.962 acre tract and along the northerly right-of-way line of Lazelle Road to a point on the easterly line of that 6.81 acre tract as conveyed to The Chakroff Family Limited Partnership I by deed of record in Deed Book 647, Page 468;
Thence North 08° 01' 55" East, a distance of 1173.12 feet, along the line common to said 3.962 and 6.81 acre tracts to a point on the southerly line of the Village at Olentangy Meadows Section 1, Part 2 a subdivision of record in Plat Cabinet 3, Slides 651-651A and the existing City of Columbus Corporation Line;
Thence South 87° 46' 12" East, a distance of 202.51 feet, along the southerly line of Village at Olentangy Meadows, Section 1, Part 2 and the City of Columbus Corporation line to the TRUE POINT OF BEGINNING, containing 3.962 acres more or less.
TRACT 2
Situated in the State of Ohio, County of Delaware, Township of Orange, Farm Lot 8, Quarter Township 3, Township 3, Range 18, U.S.M.D., and being: all of Parcel 1 (Lot 47 of O.W. Roll Subdivision of record in Plat Book 4, Page 303) and all of Parcel 2 (a 0.869 acre tract) as conveyed to Paolo & Marilena Cugini of record in Official Record 20, Page 2560 (APN 31834301017000 and APN 31834301016000), all of that 0.990 acre tract conveyed to Sidney D. and Patrice L. Price of record in Official Record 752, Page 1193 (APN 31834301015000), part of that 4.038 acre tract as conveyed to Donald E. and Barbara J. Craven of record in Deed Book 461, Page 761 (APN 31834301013001), all of a 0.009 acre tract as conveyed to Columbia Gas of Ohio Inc. of record in Deed Book 336, Page 648 (APN 31834301014000), a residue of an Original 1.5343 tract as conveyed to William B. and Marcella J. Boggs of record in Official Record 10, Page 1549 (APN 31834301016001), all of Lot 54 of said Subdivision as conveyed to William B. and Marcella J. Boggs of record in Deed Book 424, Page 496 (APN 31834301022000) and all of Lots 56 and 58 of said Subdivision as conveyed to William B. and Marcella J. Boggs of record in Deed Book 400, Page 178 (APN 31834301023000 and APN 31834301024000) and described as follows:
Beginning at the southeast corner of said Parcel 1 (Lot 47 of said Subdivision), in the centerline of Lazelle Road and in the common line of Franklin and Delaware Counties;
Thence along the south line of said Parcel 1 (Lot 47 of said Subdivision) and 2, the south line of said 0.990 acre tract and the south line of said 4.03 acre tract, the same being the centerline of said Lazelle Road and being the common line of said Franklin and Delaware Counties, the following courses;
N 85° 44' 26" W, 172.67 feet to an angle point in said centerline;
N 87° 24' 05" W, 223.88 feet to the southwest corner of said 4.038 acre tract, the same being the southeast corner of Tract II (a 6.815 acre tract) as conveyed to Remington Woods LLC of record in Deed Book 1217, Page 746 and the same being a southeast corner of an existing City of Columbus Corporation Line (Ord. No. 0386-2012);
Thence N 07° 40' 58" E, along the common line of said Tract II and said 4.038 acre tract, the same being said existing Corporation Line, 20.07 feet to the north right-of-way line of said Lazelle Road, being a southwest corner of a City of Columbus Corporation Line (Ord. No. 0681-07);
Thence S 87° 24' 05" E, across said 4.038 acre tract, the same being the north right-of-way of said Lazelle Road and along said existing Corporation Line, 121.60 feet to an east line of said 4.038 acre tract, the same being the west line of said 0.990 acre tract and being in said north right-of-way line;
Thence N 01° 09' 55" E, along the west line of said 0.990 acre tract, the west line of said 0.009 acre tract, the same being the east line of said 4.038 acre tract and being and along said existing Corporation Line, 416.90 feet to a common corner of said 4.038 acre and 0.990 acre tracts and being a corner of said existing Corporation Line;
Thence S 87° 24' 05" E, along the common line of said 4.308 acre and said 0.990 acre tracts and along said existing Corporation Line, 100.03 feet to a common corner thereof , the same being in the west line of said 1.5343 acre tract and being a corner of said existing Corporation Line;
Thence N 01° 10' 32" E, along a portion the common line of said 4.038 acre and 1.5343 acre tracts and being along said existing Corporation Line, 380.01 feet;
Thence S 86° 57' 24" E, along the south line of a 0.243 acre tract conveyed to Jeffrey Carpenter of record in Official Record 13, Page 1227, the south line of Lot 60 of said Subdivision as conveyed to Jeffrey Carpenter of record in Deed Book 524, Page 643, the same being the north line of said 1.5343 acre tract and the north line of said Lot 58, leaving said existing Corporation Line, 229.95 feet to the southeast corner of said Lot 60, the same being the northeast corner of said Lot 58 and being in the west right-of-way line of Arnold Place of said Subdivision;
Thence S 01° 09' 52" W, along the east line of said Lots 58, 56 and 54, being the west right-of-way line for said Arnold Place, 300.00 feet to the southeast corner of said Lot 54, being the northeast corner of Lot 52 of said Subdivision as conveyed to Daniel R. Green of record in Deed Book 400, Page 178 and being the west right-of-way line of said Arnold Place, being the west right-of-way line of said Arnold Place;
Thence N 86° 56' 03" W, along the common line of said Lots 54 and 52, 115.00 feet to a common corner thereof, being in the east line of said 1.5343 acre tract;
Thence S 01° 09' 52" W, along the west line of Lots 52 and 50 of said Daniel R. Green deed, along the west line of Lot 49 of said Subdivision as conveyed to William B. and Katherine Miller of record in Deed Book 596, Page 485, the same being a portion of the east lines of said 1.291 acre tract and said Parcel 2, 300.00 feet to the southwest corner of said Lot 49, the same being the northwest corner of said Lot 47 and being in the east line of said Parcel 2;
Thence S 86° 56' 03" E, along a portion of the south line of said Lot 49, the same being the north line of said Lot 47, 57.45 feet to the northeast corner of said Lot 47, being in the south line of said Lot 49;
Thence S 01° 09' 52" W, along the east line of said Lot 47, the same being the west line of Lot 46 of said Subdivision as conveyed in said Miller deed 220.60 feet to the Point of Beginning, containing approximately 4.3 acres of land, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with an apartment complex, or those uses permitted in the L-ARLD, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.