Explanation
Council Variance Application: CV06-029
APPLICANT: Bernard Radio LLC; c/o James M. Groner, Atty.; 10 West Broad Street, Suite 2100; Columbus, OH
43215.
PROPOSED USE: AM radio transmission facility.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is undeveloped, and is zoned L-AR-3, Limited Apartment Residential District. The applicant requests a variance to allow an AM radio transmission facility for WVKO AM containing a transmission building and four (4) radio towers that are each approximately one hundred sixty (160) feet in height. Variances for height and stacked parking are also included in the request. The applicant's Hardship Statement indicates that the land on which the current transmission facility is located has been sold forcing the station to relocate effective May 31, 2006. The previous owners of the station applied for and received a construction permit from the Federal Communications Commission approximately twelve (12) months ago to relocate the transmission facility on the former Northland Mall site. That site, as well as the subject site, is owned by Columbus Urban Growth Corporation (CUGC). According to CUGC, the current development plans for the former Northland Mall site are not compatible with the construction of a radio station transmission facility, while there are no development plans at this time that would conflict with the construction of the facility on the subject site. Conditions from the Northland Community Council for fencing and landscaping along the north property line, maintaining the existing earthen mound near the north property line, and requesting that the towers only be used for an AM radio station have been incorporated onto the committed site plan. The site is located within Area 18 of The Northland Plan Volume I (2001) which recommends that land use conversions be accomplished through rezoning rather than the Council variance process; therefore this ordinance is conditioned on the applicant filing a follow-up rezoning application within six months of the effective date of this legislation.
Title
To grant a Variance from the provisions of Sections 3333.03, AR-3, Apartment Residential District use; 3309.14, Height districts; and 3342.19, Parking space, of the Columbus City Codes for property located at 2708 MORSE ROAD (43231), to permit an AM radio transmission facility within the L-AR-3, Limited Apartment Residential District, and to provide variances to the thirty-five (35) foot height district and parking space requirements (CV06-029).
Body
WHEREAS, by application No. CV06-029, the owner of property at 2708 MORSE ROAD (43231), is requesting a Council variance to permit an AM radio transmission facility with four (4) radio towers within the L-AR-3, Limited Apartment Residential District; and
WHEREAS, Section 3333.03, AR-3, Apartment Residential District use, does not permit a radio transmission facility, while the applicant proposes to construct an AM radio transmission facility with four (4) radio towers; and
WHEREAS, Section 3309.14, Height districts, requires that within a thirty-five (35) foot height district, no building or structure shall be erected to a height in excess of thirty-five (35) feet, while the applicant proposes four (4) radio towers each with an approximate height of one hundred sixty (160) feet as shown on the site plan; and
WHEREAS, Section 3342.19, Parking space, allows stacked parking in the driveway for only single-family and two-family dwellings, while the applicant proposes two (2) stacked parking spaces at the terminus of the transmission facility driveway; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance will allow WVKO AM to relocate their radio transmission facility to a site that will not conflict with the owner's development plans and will allow for uninterrupted service for its listeners. The facility is comprised of a transmission building and four (4) radio towers that are each approximately one hundred sixty (160) feet in height. Variances for height and stacked parking are also included in the request. Conditions from the Northland Community Council for fencing and landscaping along the north property line, maintaining the existing earthen mound near the north property line, and requesting the towers only be used for an AM radio station have been incorporated onto the committed site plan. The site is located within Area 18 of The Northland Plan Volume I (2001) which recommends that land use conversions be accomplished through rezoning rather than the Council variance process; therefore this ordinance is conditioned on the applicant filing a follow-up rezoning application within six months of the effective date of this legislation; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 2708 MORSE ROAD (43231), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is granted from the provisions of Sections 3333.03, AR-3, Apartment Residential District use; 3309.14, Height districts; and 3342.19, Parking space, of the Columbus City codes, for the property located at 2708 MORSE ROAD (43231), insofar as said sections prohibit an AM radio transmission facility with two stacked parking spaces in the driveway and four (4) radio towers that are each approximately one hundred sixty (160) feet in height; said property being more particularly described as follows:
2708 MORSE ROAD (43231), being 9.33± acres located on the north side of Morse Road, 233± feet west of Chesford Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 2, Range 17, United States Military Lands and being 6.103 acres out of Parcel 1 and 3.223 acres out of Parcel 2 as conveyed to Columbus Urban Growth Corporation by deed of record in Instrument Number 200012140252823 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning for reference at the Franklin County Geodetic Survey Monument Number 1135 in the centerline of Morse Road, being South 85˚ 48' 31" East, 1916.22 feet from a Monument Found at the intersection of said Morse Road with Cleveland Avenue;
thence South 86˚ 38' 06" East, with the centerline of said Morse Road, a distance of 132.49 feet to a point in the westerly right-of-way line of that 58.466 acre tract as conveyed to Consolidated Utilities Railroad Corporation by deed of record in Instrument Number 199806290161477, and being the southeasterly corner of that 0.916 acre tract as conveyed to Franklin County Commissioners by deed of record in Instrument Number 199909290244848;
thence North 29˚ 41' 40" East, with said westerly right-of-way line, being the easterly line of said 0.916 acre tract, a distance of 89.26 feet to an iron set in the proposed northerly right-of-way line of said Morse Road and being the True Point of Beginning;
thence North 86˚ 38' 06" West, across said Parcel 2, with said proposed northerly right-of-way line, being 80 feet northerly of and parallel to said centerline, a distance of 60.00 feet to an iron pin set;
thence North 03˚ 21' 54" East, across said Parcels 1 and 2, a distance of 1055.21 feet to an iron pin set in the southerly line of that subdivision entitled "Brandywine Meadows Section 8" of record in Plat Book 76, Page 81;
thence South 86˚ 07' 05" East, with the southerly line of said subdivision, and the southerly line of that subdivision entitled "Brandywine Meadows Section 9" of record in Plat Book 80, Page 72, (passing an iron pin found at 196.37, 598.32, 658.68 and 784.89 feet) a distance of 824.81 feet to an iron pin found in the westerly right-of-way of said 58.466 acre tract, being on the arc of a curve to the left;
thence southwesterly, with said westerly right-of-way line, being the arc of said curve (Delta = 22˚ 23' 49", Radius = 2925.85 feet) a cord bearing and distance of South 40˚ 53' 35" West, 1136.45 feet to an iron pin set at a point of tangency;
thence South 29˚ 41' 40" West, continuing with said westerly right-of-way line, a distance of 163.45 feet to the True Point of Beginning, and containing 9.326 acres of land, more or less.
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-sixteenth (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initial EMHT, INC.
Bearings are based on the Ohio State Plane Coordinate System as per NAD 83. Control for bearings was taken from monuments using Global Positioning Systems procedures and equipment, in which a portion of the centerline of Morse Road has a bearing of North 85˚ 48' 31" West.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an AM radio transmission facility, or those uses permitted in the L-AR-3, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan and elevations titled, "BERNARD RADIO PROPOSED AM TRANSMISSION FACILITY," drawn by EMH&T Inc., dated April 26, 2006, and signed by James M. Groner, Attorney for the Applicant. The Zoning Site Plan 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 adjustments to the Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant filing, within six months of the effective date of this ordinance, a rezoning application with Building Services Division to rezone the L-AR-3 District to an appropriate district that allows the radio transmission facility use.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.