Explanation
Council Variance Application: CV07-004
APPLICANT: Sprint/Nextel; c/o Peter Colosimo, Agent; General Dynamics; One Penn Center West, Suite 102; Pittsburgh, PA 15276.
PROPOSED USE: Monopole telecommunication antenna with stadium light.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to allow the construction of a 101-foot tall monopole telecommunication antenna and accessory equipment building in the R-3, Residential District. The proposed monopole will also contain lighting for the high school football stadium where it is proposed to be installed, and will be designed to accommodate two carriers. It will replace an existing stadium light pole, and the equipment building and accessory cabinets will be constructed under the existing stadium bleacher structure. Staff supports the application because locating the monopole within a high school stadium with existing tall light poles does not have the negative impact that introducing a new monopole in a residential area would. Furthermore, the mechanical equipment associated with the monopole will be screened from adjacent residences because it will be placed under the existing stadium structure. Several Columbus-area high schools have incorporated these monopoles within their athletic facilities with little effect on surrounding neighborhoods.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District, and 3309.14, Height districts; of the Columbus City Codes for the property located at 2878 POSTLE AVENUE (43204), to permit a monopole telecommunication antenna and accessory equipment building in the R-3, Residential District and to declare an emergency. (Council Variance #CV07-004)
Body
WHEREAS, by application #CV07-004, the owner of property at 2878 POSTLE AVENUE (43204), is requesting a Variance to permit a monopole telecommunication antenna and accessory equipment building in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential District, does not permit monopole telecommunication antennas to be located within said District, while the applicant proposes to locate a telecommunication antenna on the property of a public high school with the secondary purpose of housing lighting for the existing stadium; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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 a telecommunication antenna with an approximate height of one hundred one (101) feet as shown on the site plan; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval for the construction of a 101-foot tall monopole telecommunication antenna within a high school football stadium in the R-3, Residential District because the proposed monopole will replace an existing stadium light pole, and the equipment building and accessory cabinets will be constructed under the existing stadium bleacher structure. Staff supports the application because locating the monopole within a high school stadium with existing tall light poles does not have the negative impact that introducing a new monopole in a residential area would. Furthermore, the mechanical equipment associated with the monopole will be screened from adjacent residences because it will be placed under the existing stadium structure. Several Columbus-area high schools have incorporated these monopoles within their athletic facilities with little effect on surrounding neighborhoods; 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 roads, 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 2878 POSTLE AVENUE (43204), 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 3332.035, R-3, Residential District, and 3309.14, Height districts; of the Columbus City Codes are hereby granted for the property located at 2878 POSTLE AVENUE (43204), insofar as said sections prohibit a 101-foot tall monopole telecommunication antenna and accessory equipment building, said property being more particularly described as follows:
2878 POSTLE AVENUE (43204), being 0.03± acres located 85± feet north of Postle Avenue, and 131± feet west of Roys Avenue, and being more particularly described as follows:
All that certain lot or piece of ground situated in the City of Columbus, County of Franklin, State of Ohio, and being Lots numbered 537, 538, and 539 Camp Chase Addition Amended as the same are numbered and delineated upon the recorded plat thereof of record in Plat Book Number Sixteen (16) Pages 27 and 28, Recorder's Office, Franklin County, Ohio, excepting therefrom 20 feet off the West end of Lots 537, 538, and 539 in Ordinance No. 39115 and recorded in Deed Book 901, Page 34. Being designated as Tax Parcel No. 010-064339 in the Deed Registry Office of Franklin County, Ohio. Being part of the same premises by instrument recorded April 16, 1925, in the Recorder's Office, Franklin County, Ohio, in Deed Book Volume 796, Page 180, granted and conveyed unto the Board 0f Education of the City of Columbus District of Columbus, Ohio.
0.03 ACRE TOWER LEASE AREA
Situated in the City of Columbus, County of Franklin, and State of Ohio and more fully described as follows:
Beginning at the southeasterly corner of Sublot 541 of the Camp Chase Allotment as recorded in Plat Book Number Sixteen (16), Page 27 of the Franklin County records; thence S 86° 47' 52" W, 112.82 feet; thence N 03° 17' 42" W, 102.43 feet; thence N 86° 42' 18" E, 2.51 feet; to the true place of beginning of a tower lease area herein described;
Thence N 02° 51' 55" W 54.53 feet;
Thence N 87° 08' 05" E 24.15 feet;
Thence S 02° 44' 36" E 55.25 feet;
Thence S 88° 50' 59" W 24.05 feet to the true place of beginning of a tower lease area and containing 0.03 acres of land, more or less, subject however to all legal highways, easements, and restrictions of record as prepared by URS Corp. under the supervision of David Povich, Ohio Registered Professional Surveyor No. 7773 in October, 2006.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a telecommunication antenna and stadium lighting, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the plans titled, "DETAILED SITE PLAN AND LIGHT ELEVATION," signed by Joseph A. Williams, Professional Engineer, dated May 25, 2006, and "SITE SURVEY," signed by David Povich, Professional Surveyor, dated November 2, 2006. 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 plans shall be reviewed and may be approved 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the telecommunication antenna having a stadium light fixture attached to it.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.