Explanation
Council Variance Application: CV14-021
APPLICANT: M. H. Murphy Development Company; c/o Steven J. Fulkert; 677 Notchbrook Drive; Delaware, OH 43025.
PROPOSED USE: Apartment complex with commercial vehicular access and reduced perimeter yard.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission on May 8, 2014, for a concurrent rezoning (Ordinance No. 1228-2014; Z14-008) to the L-AR-12, Limited Apartment Residential District. The requested Council variance will allow vehicular access for future commercial development through a private residential street in the proposed apartment complex, and includes a reduction in the required perimeter yard along the north property line for said access. Use of the private drive for commercial traffic will reduce the number of full service curb cuts required along this section of Abbie Trails Drive which will help maintain the traffic flow. It is anticipated that residents of the adjacent apartment complexes will be the primary users of this access when commercial development occurs. The requested variance is the most effective mechanism to permit commercial access through the residential private street, and will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3333.04, Permitted Uses, of the Columbus City Codes; for the property located at 6395 ABBIE TRAILS DRIVE (43110), to permit commercial vehicular access in the required perimeter yard in the L-AR-12, Limited Apartment Residential District (Council Variance # CV14-021).
Body
WHEREAS, by application No. CV14-021, the owners of property at 6395 ABBIE TRAILS DRIVE (43110), are requesting a Council Variance to permit commercial vehicular access in the required perimeter yard in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District use, prohibits vehicular access for commercial uses from being located on residentially zoned property, while the applicant proposes a private street to be used for access to future commercial development that abuts to the north and west of the subject site; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot landscaped perimeter yard for an apartment complex, while the applicant proposes a private street within the north perimeter yard; and
WHEREAS, City Departments recommend approval because the use of an existing private drive in a PUD-8, Planned Unit Development for commercial vehicular access is the most appropriate way to permit the proposed commercial use of the driveway; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 6395 ABBIE TRAILS DRIVE (43110), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment Residential District use; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 6395 ABBIE TRAILS DRIVE (43110), insofar as said section prohibits commercial vehicular access in the required north perimeter yard in the L-AR-12, Limited Apartment Residential District; said property being more particularly described as follows:
6395 ABBIE TRAILS DRIVE (43110), being 5.53± acres located on the south side of Abbie Trails Drive, 801± feet east of Gender Road, and being more particularly described as follows:
TRACT I
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 1, Township 11, Range 21, Buckingham's Survey Congress Lands East of the Scioto River, being out of that tract of land conveyed to Long Road Development Company, LLC by deed of record in Instrument Number 199905040112415 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
BEGINNING at a northeasterly corner of said Long Road tract, a northwesterly corner of that 10.003 acre tract conveyed to Abbie Cove Apartments LLC by deed of record in Instrument Number 201210150154916, being the southerly right-of-way line Abbie Trails Drive;
thence South 14º 26' 22" East, with the easterly line of said Long Road tract, a distance of 30.84 feet to a point;
thence South 04º 24' 58" West, continuing with said easterly line, a distance of 747.75 feet to a point;
thence across said Long Road tract, the following courses and distances:
North 85º 35' 02" West, a distance of 400.00 feet to a point;
North 04º 24' 58" East, a distance of 540.00 feet to a point;
North 89º 44' 18" East, a distance of 341.14 feet to a point;
North 04º 24' 58" East, a distance of 169.97 fee to point; and
North 14º 26' 22" West, a distance of 36.03 feet to a point in the southerly right-of-way line of said Abbie Trails Drive;
thence North 89º 44' 18" East, with said southerly right-of-way line, a distance of 61.88 feet to the POINT OF BEGINNING, and containing 5.4 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
TRACT II
ACCESS EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 1, Township 11, Range 21, located in Buckingham's Survey of Congress Lands East of the Scioto River, being out of the remainder of that tract of land conveyed to Long Road Development Company, LLC by deed of record in Instrument Number 199905040112415 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning for reference at the centerline intersection of Gender Road with Abbie Trails Drive (100 feet wide);
thence North 89° 44' 18" East, with the centerline of said Abbie Trails Drive and partially crossing that 7.103 acre tract of land conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199912290317413, a distance of 852.33 feet to a point;
thence South 00° l5' 42" East, leaving said centerline, a distance 50.00 feet to the TRUE POINT OF BEGINNJNG in the southerly right-of-way line of said Abbie Trails Drive, the southerly tine of said 7.103 acre tract and in the northerly line of said Long Road Development Company, LLC tract;
thence North 89° 44' 18" East, with said southerly right-of-way line, said southerly line and said northerly line, a distance of 51.81 feet to a point;
thence on, over and across said Long Road Development Company, LLC tract, the following courses and distances:
South 15° 24' 34" West, a distance of 19.23 feet to a point;
South 04° 24' 58" West, a distance of 125.46 feet to a point;
North 85° 35' 02" West, a distance of 38.00 feet to a point;
North 04° 24' 58" East, a distance of 110.93 feet to a point;
thence North 14° 26' 22" West, a distance of 30.84 feet to the TRUE POINIT OF BEGINNING, and containing 0.129 acres of land, more or less.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (NSRS 2007). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and observations of selected NGS monuments FCGS 5035 and FCGS 5114. The portion of the southerly right-of-way of Abbie Trails Drive, having a bearing of North 89° 44' 19" East, is designated the "basis of bearing" for this survey.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for commercial vehicular access, or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits 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.