Explanation
Council Variance Application: CV06-024
APPLICANT: Platinum Lodging LLC c/o Jeffrey L. Brown, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: One hundred twenty-eight (128) multi-family dwelling units.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant proposes a maximum of one hundred twenty-eight (128) multi-family dwelling units and parking in the M, Manufacturing District. A Council variance is necessary because multi-family dwellings are prohibited in the M, Manufacturing District. Variances to building lines and to limitations regarding building height and green space along Interstate 70 contained in City of Columbus Ordinance 516 - 86 are included as well. An extended stay hotel located just to the east of this site has established a residential element in the area. The applicants have agreed to have a rezoning filed and on the Council agenda by the end of January 2007. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3363.01, M, Manufacturing districts, 3363.24, building lines and 3370.07, conditions and limitations; of the Columbus City Codes for the property located at 4770 HILTON CORPORATE DRIVE (43232), to permit a maximum of one hundred twenty eight dwelling units with reduced development standards in the M, Manufacturing District (Council Variance # CV06-024).
Body
WHEREAS, by application #CV06-024, the owner of property at 4770 HILTON CORPORATE DRIVE (43232), is requesting a Variance to permit a maximum of one hundred and twenty-eight (128) multi-family dwelling units with reduced development standards in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits apartment residential development, while the applicant proposes a maximum of one hundred twenty-eight (128) multi-family dwelling units with reduced development standards; and
WHEREAS, Section 3363.24, building lines, requires a building setback of twenty-five (25) feet, while the applicant proposes a building setback of fifteen (15) feet for an eight (8) foot fence along the perimeter of the site; and
WHEREAS, Section 3370.07, conditions and limitations, requires lots subject to a limited overlay to conform to each condition and limitation specifically identified and imposed in the development plan referenced in the ordinance passed by council, specifically City of Columbus Ordinance 516 - 86. Section 2 of City of Columbus Ordinance 516 - 86 establishes a maximum building height of thirty-five (35) feet, while the applicant proposes a maximum building height of forty-one (41) feet, in addition, Section 3 of Paragraph 3 of City of Columbus Ordinance 516 - 86 requires twenty-five (25) feet of green space south of the south right-of-way line of Interstate 70, while the applicant proposes an eight (8) foot fence fifteen (15) feet south of the right-of-way line; and
WHEREAS, this variance will permit a maximum of one hundred twenty-eight (128) apartment units with reduced development standards in the L-M, Limited Manufacturing District; and
WHEREAS, City Departments recommend approval because the applicant proposes a maximum of one hundred twenty-eight (128) multi-family dwelling units and parking in the M, Manufacturing District. An extended stay hotel located just to the east of this site has established a residential element in the area and the applicants have agreed to have a rezoning filed and on the Council agenda by the end of January 2007; 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 4770 HILTON CORPORATE DRIVE (43232), 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 from the provisions of Sections 3363.01, M, Manufacturing District; 3363.24, building lines and 3370.07, conditions and limitations of the Columbus City Codes for the property located at 4770 HILTON CORPORATE DRIVE (43232), insofar as said sections prohibit a multi-family development with a maximum of one hundred twenty-eight (128) dwelling units, with a building height of forty-one (41) feet versus the current maximum height of thirty-five (35) feet and with only fifteen (15) feet of green space south of Interstate 70 versus the twenty-five (25) feet required in the ordinance passed by council, City of Columbus Ordinance 516 - 86 and with a building setback of fifteen (15) feet for an eight (8) foot high fence along the perimeter of the site versus the required twenty-five (25) foot building setback; said property being more particularly described as follows:
4770 HILTON CORPORATE DRIVE (43232), being 11.1± acres located on the north side of Hilton Corporate Drive, 150± feet east of Cloverleaf Street East, and being more particularly described as follows:
LEGAL DESCRIPTION OF 11.188 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, located in part of Sections 21 & 22, T12N, R21W, Refugee Lands, and being part of Lot 2 of LIONMARK CORPORATE CENTER, as numbered and delineated in Plat Book 65, Page 87, Franklin County Recorder's Office, and being more particularly described as follows:
Beginning, for reference, at a PK Nail found marking the intersection of the centerline of Hilton Lane (60 feet wide) and Cloverleaf Street east (80 feet wide);
Thence South 89° 43' 46" East 182.80 feet, along the centerline of Hilton Lane, to a point;
Thence North 00° 16' 14" East 30.00 feet, to an iron pin found (3/4 inch) in the north line of Hilton Lane marking the southeast corner of a 16.592 acre tract currently owned by Platinum Lodging LLC, of record in Instrument Number 200410270248374, and being the PRINCIPAL PLACE OF BEGINNING of the herein described tract:
Thence North 00° 22' 16" West 605.46 feet, along the east line of said 16.592 acre tract, to an iron pin found (3/4 inch) in the north line of Lot 2 and south line of Interstate 70, marking the northeast corner of said 16.592 acre tract;
Thence North 85° 59' 00" East 16.99 feet, along the north line of Lot 2 and south line of Interstate 70, to an iron pin found (3/4 inch);
Thence South 87° 13' 53" East 484.74 feet, along the north line of Lot 2 and south line of Interstate 70, to an iron pin found (3/4 inch);
Thence South 82° 13' 10" East 389.07 feet, along the north line of Lot 2 and south line of Interstate 70, to an iron pin found (3/4 inch) marking the northwest corner of a 3.181 acre tract currently owned by Slam Properties IV LLC, of record in Instrument Number 199812310337707;
Thence South 00° 16' 14" West 537.71 feet, along the west line of said 3.181 acre tract, to an iron pin found in the north line of Hilton Lane marking the southwest corner of said 3.181 acre tract;
Thence the following five (5) courses along the south line of Lot 2 and north line of Hilton Lane:
North 89° 43' 46" West 257.20 feet, to an iron pin found (3/4 inch);
Along the arc of a curve to the right (Delta angle= 72° 53' 43", Radius = 20.00', Arc length = 25.45 feet), with a long chord bearing of North 53° 16' 55" West, and a chord length of 23.76 feet, to an iron pin found (3/4 inch);
Along the arc of a curve to the left (Delta angle= 72° 53' 43", Radius = 150.00', Arc length 381.68 feet), with a long chord bearing of North 89° 43' 46" West, and a chord length of 286.73 feet, to an iron pin found (3/4 inch);
Along the arc of a curve to the right (Delta angle= 72° 53' 43", Radius = 20.00', Arc length = 25.45 feet), with a long chord bearing of South 53° 49' 23" West, and a chord length of 23.76 feet, to an iron pin found (3/4 inch);
North 89° 43' 46" West 298.02 feet, to the principal place of beginning, containing an area of 11.188 acres.
Basis of bearings assumed, based of the centerline of Hilton Lane being South 89° 43' 46" East, as shown on Plat Book 65, Page 87. A survey was done by Bradley J. Patridge P.S. 7068, in September, 2005. All iron pins set are capped PATRIDGE SURVEYING.
All referenced documents are on file at the Franklin County Recorder's Office, Columbus, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum of one hundred twenty-eight (128) multi-family dwelling units, or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is conditioned on the applicant or owner filing an application to rezone this property to either an AR-12 Apartment Residential District or L-AR-12, Limited Apartment Residential District and having it on the Agenda of the Columbus City Council for consideration by no later than January 31, 2007.
SECTION 4. That this ordinance is further conditioned upon 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.