Explanation
Council Variance Application: CV23-020
APPLICANT: Marble Cliff Canyon, LLC; c/o Dave Perry, Agent; Dave Perry Company; 411 East Town Street, Floor 1; Columbus, OH 43215 and Charles Campisano, Atty.; Thrive Companies; 842 North 4th Street, Suite 260; Columbus, OH 43215
PROPOSED USE: Multi-unit residential development.
WEST SCIOTO COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #2967 -2023; Z23-014) to the AR-2, Apartment Residential District to establish Subareas A and B of the Quarry Trails North development. The site was previously approved for a mixed-use development with up to 500 dwelling units and 5,000 square feet of commercial space (Ordinance #1943-2022; CV21-016) as Subarea F of the Quarry Trails 2 development. This Council variance will allow a 436 486-unit apartment complex on Subarea A with no frontage on a public street, and reduced parking and perimeter yard, and vehicular access and non-accessory over-flow parking on Subarea B. Staff recognizes that this proposal is a reduction in intensity from what was previously allowed, but is still consistent with the land use recommendations of the Trabue/Roberts Area Plan (2011), and aids in the redevelopment of previous quarry property.
Title
To grant a Variance from the provisions of Sections 3333.025, AR-2 apartment residential district use; 3312.49(C), Minimum number of parking spaces required; 3312.21(B)(3), Landscaping and screening; 3333.16, Fronting; and 3333.255, Perimeter yard; of the Columbus City Codes; for the property located at 2400 OLD DUBLIN RD. (43228), to allow vehicular access and non-accessory parking, reduced development standards in the AR-2, Apartment Residential District, and to repeal Ordinance #1943-2022 as applicable to Subarea F, passed July 25, 2022 (Council Variance #CV23-020).
Body
WHEREAS, by application #CV23-020, the owner of property at 2400 OLD DUBLIN RD. (43228), is requesting a Council variance to allow a parcel with only vehicular access and non-accessory parking, and reduced development standards in the AR-2, Apartment Residential District; and
WHEREAS, Section 3333.025, AR-2, apartment residential district use, prohibits a parcel from being used exclusively for vehicular access and parking; while the applicant proposes that Subarea B of the site be used for vehicular access and non-accessory over-flow parking with no residential uses; and
WHEREAS, Section 3312.49(C), Minimum numbers of parking spaces required, requires 1.5 vehicle parking spaces per dwelling unit, or 654 spaces for an apartment complex with 436 units, while the applicant proposes 560 559 spaces on Subarea A; and
WHEREAS, Section 3312.21(B)(3), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, while the applicant proposes no parking lot screening within Subarea B; and
WHEREAS, 3333.16, Fronting, requires each principle building to front on a public street, while the applicant proposes an apartment complex in Subarea A on a parcel that does not front on a public street; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards between 2 1.4 feet and 20 feet for Subarea A, as depicted on the Site Plan; and
WHEREAS, the West Scioto Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances as they represent a reduction in intensity from the previously allowed uses, and contribute to a development that is consistent with the Trabue/Roberts Area Plan recommendations; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; 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 2400 OLD DUBLIN RD. (43228), 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 Sections 3333.025, AR-2 apartment residential district use; 3312.49(C), Minimum number of parking spaces required; 3312.24(B)(3), Landscaping and screening; 3333.16, Fronting; and 3333.255, Perimeter yard; of the Columbus City Codes, is hereby granted for the property located at 2400 OLD DUBLIN RD. (43228), insofar as said sections prohibit the exclusive use of vehicular access and non-accessory parking in the AR-2, Apartment Residential District; a reduction in required parking from 654 spaces to 560 559 spaces on Subarea A; no parking lot screening on Subarea B; no fronting for the apartment complex on Subarea A; and a reduced perimeter yard from 25 feet to between 2 1.4 feet and 20 feet for Subarea A; said property being more particularly described as follows:
2400 OLD DUBLIN RD. (43228), being 12.3212.07± acres located on the north and south sides of Old Dublin Road, 760± feet north of Dublin Road, and being more particularly described as follows:
11.13 ± ACRE; SUBAREA “A”
Situated in the State of Ohio, County of Franklin, in the City of Columbus, Virginia Military Survey Number 544, being all of a 5.000 acre tract as conveyed to River Oaks Apartment Management, LLC in Instrument Number 202112150227551, being part of a 2.019 acre tract as conveyed to Marble Cliff Canyon, LLC in Instrument Number 201802280027721, and being part of a 5.733 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202305250050954 all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
COMMENCING at a southerly corner of said 5.000 acre tract, the northerly corner of a 9.078 acre tract as conveyed to Quarry Loft Partners, LLC in Instrument number 201610280149060, and on the westerly line of said 2.019 acre tract;
Thence along the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, South 65°25’17” West, 18.21 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, being the TRUE POINT OF BEGINNING;
BEGINNING on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, South 65°25’17” West, 219.18 feet to a point being the southwesterly corner of said 5.000 acre tract, the southeasterly corner of a 19.063 acre tract as conveyed to SL River Oaks Owner, LLC in Instrument Number 202112150227549, and on the northerly line of said 9.078 acre tract;
Thence along the westerly line of said 5.000 acre tract and the easterly line of said 19.063 acre tract, North 06°52’00” West, 1071.89 feet to a point being the northwesterly corner of said 5.000 acre tract, the northeasterly corner of said 19.063 acre tract, and on a southerly curve of said 2.019 acre tract;
Thence along a northerly line of said 19.063 acre tract and a southerly line of said 2.019 acre tract, the following two (2) courses:
Along a curve to the left having a radius of 283.90 feet, a delta angle of 02°51’55” , an arc length of 14.20 feet, and a chord bearing and distance of North 85°52’16” West, 14.20 feet to a point;
North 87°18’38” West, 826.68 feet to a point being a southwesterly corner of said 2.019 acre tract and on a southerly line of a 118.306 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201806220082818;
Thence along the westerly line of said 2.019 acre tract, and a southerly line of said 118.306 acre tract, North 64°05’54” East, 62.69 feet to a point being the northwesterly corner of said 2.019 acre tract and a southerly corner of said 118.306 acre tract;
Thence along the northerly line of said 2.019 acre tract and a southerly line of said 118.306 acre tract, South 87°18’38” East, 181.87 feet to a point on the northerly line of said 2.019 acre tract, a southerly corner of said 118.306 acre tract, and the westerly corner of said 5.733 acre tract;
Thence along the westerly, northerly, and easterly lines of said 5.733 acre tract and an easterly and southerly lines of said 118.306 acre tract, the following four (4) courses:
North 42°56’22” East, 509.34 feet to a point;
North 14°46’05” East, 92.08 feet to a point;
Along a curve to the right having a radius of 540.61 feet, a delta angle of 50°46’18” , an arc length of 479.05 feet, and a chord bearing and distance of South 50°03’27” East, 463.53 feet to a point;
Along a curve to the left having a radius of 1142.05 feet, a delta angle of 15°42’27” , an arc length of 313.09 feet, and a chord bearing and distance of South 31°23’48” East, 312.11 feet to a point on the northerly line of said 5.733 acre tract and a southerly corner of said 118.306 acre tract;
Thence across said 5.733 acre tract, South 50°05’25” West, 16.93 feet to a point of curvature;
Thence continuing across said 5.733 acre tract, crossing the southerly line of said 5.733 acre tract and the northerly line of said 2.019 acre tract, continuing across said 2.019 acre tract, along a curve having a radius of 116.50 feet, a delta angle of 55°28’34” , an arc length of 112.80 feet, and a chord bearing and distance of South 20°45’18” West, 108.45 feet to a point of tangency within said 2.019 acre tract;
Thence across said 2.019 acre tract, crossing the southerly line of said 2.019 acre tract and the northerly line of said 5.000 acre tract, South 06°58’59” East, 30.38 feet to a point within said 5.000 acre tract;
Thence across said 5.000 acre tract, the following two (2) courses:
South 38°01’00” West, 12.90 feet to a point;
South 07°05’07” East, 782.99 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, being the TRUE POINT OF BEGINNING, containing 11.13± acres, more or less.
1.19 ± ACRE; SUBAREA “B”
Situated in the State of Ohio, County of Franklin, in the City of Columbus, Virginia Military Survey Number 544, being part of a 5.000 acre tract as conveyed to River Oaks Apartment Management, LLC in Instrument Number 202112150227551, being part of a 2.019 acre tract as conveyed to Marble Cliff Canyon, LLC in Instrument Number 201802280027721, and being part of a 5.733 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202305250050954 all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at a point on the easterly line of said 2.019 acre tract and the westerly line of a 62.035 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201802280027722;
Thence across said 2.019 acre tract, South 65°25’17” West, 49.69 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of a 9.078 acre tract as conveyed to Quarry Loft Partners, LLC in Instrument Number 201610280149060;
Thence across said 5.000 acre tract the following two (2) courses:
North 07°05’07” West, 782.99 feet to a point;
North 38°01’00” East, 12.90 feet to a point;
Thence in part across said 5.000 acre tract and in part across said 2.019 acre tract, North 06°58’59” West, 30.38 feet to a point of curvature;
Thence in part across said 2.019 acre tract and in part across said 5.733 acre tract, along a curve having a radius of 116.50 feet, a delta angle of 55°28’34”, an arc length of 112.80 feet, and a chord with bearing and distance of North 20°45’18” East, 108.45 feet to a point of tangency;
Thence across said 5.733 acre tract, North 50°05’25” East, 16.93 feet to a point on the easterly line of said 5.733 acre tract and the westerly line of a 118.306 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201806220082818;
Thence along the easterly line of said 5.733 acre tract and the westerly line of said 118.306 acre tract, along a curve having a radius of 1142.05 feet, a delta angle of 02°54’04”, an arc length of 57.83 feet, and a chord with bearing and distance of South 40°42’04” East, 57.82 feet to a point on the easterly line of said 5.733 acre tract, the southerly corner of said 118.306 acre tract, and the westerly corner of a 45.140 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202009240144316;
Thence along the easterly line of said 5.733 acre tract and the westerly line of said 45.140 acre tract, South 40°55’21” East, 94.98 feet to a point on the easterly corner of said 5.733 acre tract and the westerly line of said 45.140 acre tract;
Thence along the southerly line of said 5.733 acre tract and a northerly line of said 62.035 acre tract, along a curve having a radius of 15.00 feet, a delta angle of 84°57’00”, an arc length of 22.24 feet, and a chord with bearing and distance of North 83°57’13” West, 20.26 feet to a point on the southerly line of said 5.733 acre tract and the northerly line of said 62.035 acre tract;
Thence along the southerly line of said 5.733 acre tract and the northerly line of said 62.035 acre tract, south 53°34’16” West, 104.05 feet to a point on the southerly corner of said 5.733 acre tract, an easterly corner of said 2.019 acre tract, and a northerly corner of said 62.035 acre tract;
Thence along the easterly line of said 2.019 acre tract and the westerly line of said 62.035 acre tract, the following two (2) courses:
Along a curve having a radius of 317.68 feet, a delta angle of 05°26’13”, an arc length of 30.15 feet, and a chord with bearing and distance of South 09°34’29” East, 30.13 feet to a point;
South 06°53’14” East, 709.07 feet to a point, being the TRUE POINT OF BEGINNING, containing 1.19± acres, more or less.
10.89 ± ACRE; SUBAREA “A”
Situated in the State of Ohio, County of Franklin, in the City of Columbus, Virginia Military Survey Number 544, being all of a 5.000 acre tract as conveyed to River Oaks Apartment Management, LLC in Instrument Number 202112150227551, being part of a 2.019 acre tract as conveyed to Marble Cliff Canyon, LLC in Instrument Number 201802280027721, and being part of a 5.733 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202305250050954 all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
COMMENCING at a southerly corner of said 5.000 acre tract, the northerly corner of a 9.078 acre tract as conveyed to Quarry Loft Partners, LLC in Instrument number 201610280149060, and on the westerly line of said 2.019 acre tract;
Thence along the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, South 65°24’14” West, 19.16 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, being the TRUE POINT OF BEGINNING;
BEGINNING on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, South 65°24’14” West, 217.96 feet to a point being the southwesterly corner of said 5.000 acre tract, the southeasterly corner of a 19.063 acre tract as conveyed to SL River Oaks Owner, LLC in Instrument Number 202112150227549, and on the northerly line of said 9.078 acre tract;
Thence along the westerly line of said 5.000 acre tract and the easterly line of said 19.063 acre tract, North 06°53’16” West, 1071.69 feet to a point being the northwesterly corner of said 5.000 acre tract, the northeasterly corner of said 19.063 acre tract, and on a southerly curve of said 2.019 acre tract;
Thence along a northerly line of said 19.063 acre tract and a southerly line of said 2.019 acre tract, the following two (2) courses:
Along a curve to the left having a radius of 287.68 feet, a delta angle of 02°48’10” , an arc length of 14.07 feet, and a chord bearing and distance of North 85°53’06” West, 14.07 feet to a point;
North 87°18’38” West, 826.67 feet to a point being a southwesterly corner of said 2.019 acre tract and on a southerly line of a 118.306 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201806220082818;
Thence along the westerly line of said 2.019 acre tract, and a southerly line of said 118.306 acre tract, North 64°05’54” East, 62.69 feet to a point being the northwesterly corner of said 2.019 acre tract and a southerly corner of said 118.306 acre tract;
Thence along the northerly line of said 2.019 acre tract and a southerly line of said 118.306 acre tract, South 87°18’38” East, 181.86 feet to a point on the northerly line of said 2.019 acre tract, a southerly corner of said 118.306 acre tract, and the westerly corner of said 5.733 acre tract;
Thence along the westerly, northerly, and easterly lines of said 5.733 acre tract and an easterly and southerly lines of said 118.306 acre tract, the following four (4) courses: North 42°56’22” East, 509.34 feet to a point; North 14°46’05” East, 92.08 feet to a point; Along a curve to the right having a radius of 540.61 feet, a delta angle of 50°46’18” , an arc length of 479.05 feet, and a chord bearing and distance of South 50°03’27” East, 463.53 feet to a point; Along a curve to the left having a radius of 1142.05 feet, a delta angle of 15°42’29” , an arc length of 313.10 feet, and a chord bearing and distance of South 31°23’49” East, 312.12 feet to a point on the northerly line of said 5.733 acre tract and a southerly corner of said 118.306 acre tract;
Thence across said 5.733 acre tract, South 50°19’25” West, 13.21 feet to a point of curvature;
Thence continuing across said 5.733 acre tract, crossing the southerly line of said 5.733 acre tract and the northerly line of said 2.019 acre tract, continuing across said 2.019 acre tract, along a curve having a radius of 116.17 feet, a delta angle of 56°52’22” , an arc length of 115.31 feet, and a chord bearing and distance of South 21°32’55” West, 110.64 feet to a point of tangency within said 2.019 acre tract;
Thence across said 2.019 acre tract, crossing the southerly line of said 2.019 acre tract and the northerly line of said 5.000 acre tract, South 06°53’16” East, 49.65 feet to a point within said 5.000 acre tract;
Thence across said 5.000 acre tract, the following two (2) courses: South 38°06’44” West, 11.31 feet to a point; South 06°53’16” East, 765.77 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of said 9.078 acre tract, being the TRUE POINT OF BEGINNING, containing 10.89± acres, more or less.
1.18 ± ACRE; SUBAREA “B”
Situated in the State of Ohio, County of Franklin, in the City of Columbus, Virginia Military Survey Number 544, being part of a 5.000 acre tract as conveyed to River Oaks Apartment Management, LLC in Instrument Number 202112150227551, being part of a 2.019 acre tract as conveyed to Marble Cliff Canyon, LLC in Instrument Number 201802280027721, and being part of a 5.733 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202305250050954 all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at a point on the easterly line of said 2.019 acre tract and the westerly line of a 62.035 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201802280027722;
Thence across said 2.019 acre tract, South 65°24’14” West, 50.65 feet to a point on the southerly line of said 5.000 acre tract and the northerly line of a 9.078 acre tract as conveyed to Quarry Loft Partners, LLC in Instrument Number 201610280149060;
Thence across said 5.000 acre tract the following two (2) courses: North 06°53’16” West, 765.77 feet to a point; North 38°06’44” East, 11.31 feet to a point;
Thence in part across said 5.000 acre tract and in part across said 2.019 acre tract, North 06°53’16” West, 49.65 feet to a point of curvature;
Thence in part across said 2.019 acre tract and in part across said 5.733 acre tract, along a curve having a radius of 116.17 feet, a delta angle of 56°52’22”, an arc length of 115.31 feet, and a chord with bearing and distance of North 21°32’55” East, 110.64 feet to a point of tangency;
Thence across said 5.733 acre tract, North 50°19’25” East, 13.21 feet to a point on the easterly line of said 5.733 acre tract and the westerly line of a 118.306 acre tract as conveyed to Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District in Instrument Number 201806220082818;
Thence along the easterly line of said 5.733 acre tract and the westerly line of said 118.306 acre tract, along a curve having a radius of 1142.05 feet, a delta angle of 02°54’03”, an arc length of 57.82 feet, and a chord with bearing and distance of South 40°42’05” East, 57.81 feet to a point on the easterly line of said 5.733 acre tract, the southerly corner of said 118.306 acre tract, and the westerly corner of a 45.140 acre tract as conveyed to Marble Cliff Canyon LLC in Instrument Number 202009240144316;
Thence along the easterly line of said 5.733 acre tract and the westerly line of said 45.140 acre tract, South 40°55’21” East, 94.98 feet to a point on the easterly corner of said 5.733 acre tract and the westerly line of said 45.140 acre tract;
Thence along the southerly line of said 5.733 acre tract and a northerly line of said 62.035 acre tract, along a curve having a radius of 15.00 feet, a delta angle of 84°57’00”, an arc length of 22.24 feet, and a chord with bearing and distance of North 83°57’13” West, 20.26 feet to a point on the southerly line of said 5.733 acre tract and the northerly line of said 62.035 acre tract;
Thence along the southerly line of said 5.733 acre tract and the northerly line of said 62.035 acre tract, South 53°34’16” West, 104.06 feet to a point on the southerly corner of said 5.733 acre tract, an easterly corner of said 2.019 acre tract, and a northerly corner of said 62.035 acre tract;
Thence along the easterly line of said 2.019 acre tract and the westerly line of said 62.035 acre tract, the following two (2) courses: Along a curve having a radius of 312.43 feet, a delta angle of 05°29’44”, an arc length of 29.97 feet, and a chord with bearing and distance of South 09°35’21” East, 29.96 feet to a point; South 06°53’16” East, 709.02 feet to a point, being the TRUE POINT OF BEGINNING, containing 1.18± acres, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for vehicular access and non-accessory parking, or those uses permitted in the AR-2, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plans titled, "ZONING PLAN SHEET 1 & SHEET 2," signed by David B. Perry, Agent for the Applicant, and Charles Campisano, Attorney for the Applicant, dated October 10, 2023November 9, 2023. The plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance is further conditioned on the following traffic-related commitments:
1. At the intersection of Dublin Road and Quarry Site Drive 4, the developer shall install a westbound left turn lane with a length of 235 feet (inclusive of diverging taper length of 60 feet) and an eastbound right turn lane with a length of 225 feet (inclusive of diverging taper length of 50 feet).
2. The developer shall be responsible for a contribution of $450,000 to the Department of Public Service to be applied toward future roadway improvements at the intersection of Dublin Road and Dunlavin Glen Road/Scioto Darby Creek Road.
3. At the intersection of Dublin Road and Roberts Road/Quarry Site Drive 3, the developer shall install an eastbound left turn lane with a length of 475 feet (inclusive of diverging taper length of 60 feet) and a westbound left turn lane with a length of 225 feet (inclusive of diverging taper length of 60 feet).
4. At the intersection of Dublin Road and Old Dublin Road, the developer shall install a traffic signal at this intersection, as approved by the Department of Public Service.
5. At the intersection of Trabue Road and North Hague Avenue/Mapleway Drive, the developer is responsible to enter into an agreement with the Franklin County Transportation Improvement District (FCTID) to contribute towards the Franklin County Engineer’s Office future project at this intersection. This contribution will be based on a cost estimate and schematic, as approved by the Franklin County Engineer. The developer will be responsible for their 10.1% site percentage through the intersection. The developer shall provide a letter of credit within 60 days of City Council approval for a not to exceed amount of $404,000 (10.1% of $4,000,000). After the final FCTID contribution amount is approved by the Franklin County Engineer’s Office, the letter of credit can be adjusted to that amount.
6. The developer shall be responsible for a contribution of $3,859,655.44 to the Department of Public Service to be applied toward the Dublin Road River Crossing to Riverside Drive and the Dublin Road & Builders Place/Dublin Road Realignment or other regional improvements defined within the limits east of North Hague Avenue in the Renner Road-Trabue Road-McKinley Avenue Corridor (RTMC) Mobility Study.
7. The developer shall be responsible for a contribution of $210,300 to the Department of Public Service to be applied toward future roadway improvements at the intersection of McKinley Avenue and West Fifth Avenue.
8. At the intersection of Trabue Road and Lake Shore Drive/Quarry Trails Drive, the developer shall be responsible for the installation of a westbound right turn lane with the maximum length feasible or an approximate length of 175 feet (inclusive of diverging taper length of 50 feet).
9. The developer shall be responsible for the construction of a second eastbound left turn lane and a westbound left turn lane at the intersection of Riverside Drive and Trabue Road/Cambridge Boulevard, as approved by the City of Upper Arlington.
10. Developer commitments identified in Item 2, Item 6 and Item 7 to particular contribution amounts and the required developer improvements shall only be required once a determination has been made by the Department of Public Service that a particular improvement is necessary based on the Renner Road-Trabue Road-McKinley Avenue Corridor (RTMC) Mobility Study. Further, developer monetary contributions are an “up to” maximum. For improvement commitments in Item 2 and Item 7, the developer contribution shall be reduced if the identified contribution amount is greater than fifteen percent (15%) of the actual costs for improvements. For improvement commitments in Item 6, the developer contribution shall be reduced if the identified contribution amount is greater than 7.7125 percent (7.7125%) of the actual costs for improvements.
11. With regards to Items 1 through 4 and Items 6 through 8 above, these requirements may be modified or amended with the approval of the Director of the Department of Public Service without requiring City Council approval.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 7. That Ordinance #1943-2022, passed July 25, 2022, be and is hereby repealed for Subarea F.