Explanation
Council Variance Application: CV21-102
APPLICANT: Homeport; c/o Laura MacGregor Comek, Atty.; 17 South High Street, Suite 700; Columbus, OH 43215.
PROPOSED USE: Two-, three-, and four-unit dwellings.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the PUD-8, Planned Unit Development District (Z02-064A). The requested Council variance will permit a 40-unit senior housing project arranged as two-, three-, and four-unit dwellings. A Council variance is required because the existing PUD-8 development text and site plan specified 40 “townhomes for sale” at this location. This proposed development will be subject to a competitive funding process with the Ohio Housing Finance Agency which requires certain land attributes including compliant zoning. The Council variance process is supported to assist in this state funding application process as Rezoning Application #Z22-001, a request for the AR-12, Apartment Residential District, has been filed and is in the formal review process. Additionally, this proposal does not represent an increase in the number of units proposed at this location.
Title
To grant a Variance from the provisions of Section 3345.07, Contents of application for establishment of PUD, of the Columbus City Codes; for the property located at 2870 ALUM CREEK DR. (43207), to permit a mix of two-, three-, and four-unit dwellings in the PUD-8, Planned Unit Development District (Council Variance #CV21-125).
Body
WHEREAS, by application #CV21-125, the owner of the property at 2870 ALUM CREEK DR. (43207), is requesting a Variance to permit a mix of two-, three-, and four-unit dwellings in the PUD-8, Planned Unit Development District; and
WHEREAS, Section 3345.07, Contents of application for establishment of PUD, permits multi-unit residential development per the registered PUD development text and site plan contained within Ordinance #0677-03 (Z02-064A) permitting 40 townhomes for sale, while the applicant still proposes a total of 40 units at this location, but as a mix of two-, three-, and four-unit dwellings; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request does not represent an increase in the number of units of this location. Additionally, the Applicant is required to complete Rezoning Application #Z22-001 as a condition of this ordinance; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 2870 ALUM CREEK DR. (43207), 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 hereby granted from the provisions of Section 3345.07, Contents of application for establishment of PUD, of the Columbus City Codes; for the property located at 2870 ALUM CREEK DR. (43207), insofar as said section prohibits two-, three-, and four-unit dwellings; said property being more particularly described as follows:
2870 ALUM CREEK DR. (43207), being 4.17± acres located on the east side of Alum Creek Drive, 740± feet north of Watkins Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 6, Township 11, Range 21, United States Military Lands and being all out of that 69J 87 acre tract as conveyed to Therll W. Clagg of record in Instrument Number 199903100060536 (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8840 at the centerline intersection of said Watkins Road with Alum Creek Drive, said monument being North 85° 47’ 45” West a distance of 1488.54 feet from Franklin County Geodetic Survey Monument Number 8841 in the centerline of said Watkins Road;
thence North 03° 50’ 47” East, with the centerline of said Alum Creek Drive a distance of 734.57 feet to an angle point in said centerline;
thence North 03° 58’ 24” East, continuing with said centerline, a distance of 567.25 feet to a point;
thence South 86° 01’ 36” East, leaving said centerline, a distance of 38.22 feet to an iron pin set in the easterly right-of-way line of said Alum Creek Drive as dedicated in Road Record 18-205, being the True Point of Beginning;
thence with a new division line across said Clagg tract, the following courses:
South 84° 23’21” East, a distance of 462.71 feet to an iron pin set;
South 04° 51’ 16” West, a distance of 406.55 feet to an iron pin set;
North 85° 46’ 42” West, a distance of 302.00 feet to an iron pin set;
South 04° 12’ 20” West, a distance of 37.83 feet to an iron pin set; and
North 85° 45’ 32” West, a distance of 163.41 feet to an iron pin set in said easterly right-of-way line;
thence with said easterly right-of-way line the following courses:
North 03° 23’ 45” East, a distance of 90.41 feet to an iron pin set;
South 86° 09’ 19” East, a distance of 10.07 feet to an iron pin set; and
North 03° 59’ 39” East, a distance of 365.06 feet to the True Point of Beginning and containing 4.502 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
LESS AND EXCEPT THE FOLLOWING DESCRIBED 0.335 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 6, Township-11- North, Range -21-West Mathew’s Survey of Congress Lands of 1795- 1802, and being a part of that 4.502 acre tract as conveyed to the Columbus/Franklin County Affordable Housing Trust Corporation by deed of record in Instrument Number 200307300237067, records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land located on the right side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book _ Page_;
Beginning for reference at Franklin County Monument #8840, at the intersection of the existing right-of-way centerline of Watkins Road (East), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 142+58.23;
Thence North 03 degrees 49 minutes 28 seconds East, a distance of 846.51 feet along the existing right-of-way centerline of said Alum Creek Drive, and along the westerly line of said Section 6, Township 11, Range 21, to a point in said centerline, being 0.00 feet right of Alum Creek Drive station 151+04.74;
Thence South 86 degrees 10 minutes 32 seconds East, a distance of 30.00 feet perpendicular to the existing right-of-way centerline of said Alum Creek Drive, to the intersection with the existing easterly right-of-way line of said Alum Creek Drive at a southwest corner of said 4.502 acre tract, being 30.00 feet right of Alum Creek Drive Station 151+04.74, and being the Point of True Beginning;
Thence North 03 degrees 49 minutes 28 seconds East, a distance of 90.41 feet along a westerly line of said 4.502 acre tract, and along the existing easterly right-of-way line of said Alum Creek Drive, to an angle point in the existing easterly right-of-way line of said Alum Creek Drive, being 30.00 feet right of Alum Creek Drive station 151+95.15;
Thence, South 86 degrees 10 minutes 32 seconds East, a distance of 10.00 feet along a westerly line of said 4.502 acre tract, and along the existing easterly right-of-way line of said Alum Creek Drive to an angle point in the existing easterly right-of-way line of said Alum Creek Drive, being 40.00 feet right of Alum Creek Drive station 151+95.15;
Thence north 03 degrees 49 minutes 28 seconds East a distance of 365.74 feet along the westerly line of said 4.502 acre tract and along the existing easterly right-of-way line of said Alum Creek Drive, to a rebar found at an angle point in the existing easterly right-of-way line of said Alum Creek Drive at the northwest corner of said 4.502 acre tract, being 40.00 feet right of Alum Creek Drive station 155+60.90;
Thence South 84 degrees 22 minutes 52 seconds East a distance of 30.01 feet along the northerly line of said 4.502 acre tract, along a southerly line of that 0.184 acre tract as conveyed to the City of Columbus by deed of record in Instrument Number 200607210142822, and along the southerly line of that 3.312 acre tract as conveyed to Fieldstone Court Homes, LLC by deed of record in Instrument Number 200509270201964 to an iron pin set at the intersection with the proposed easterly right-of way line of said Alum Creek Drive, being 70.00 feet right of Alum Creek Drive station 155+59.96;
Thence South 03 degrees 49 minutes 28 seconds West, a distance of 455.51 feet across said 4.502 acre tract, and along the proposed easterly right-of-way line of said Alum Creek Drive, to an iron pin set in the southerly line of said 4.502 acre tract at the northwest corner of Lot 3 of Alum Creek Village, Section 1, Part 1, as recorded in Plat Book 103, Page 28, being 70.00 feet right of Alum Creek Drive station 151+04.45;
Thence North 85 degrees 45 minutes 03 seconds West, a distance of 40.00 feet along the southerly line of said 4.502 acre tract, and along the existing easterly right-of-way line of said Alum Creek Drive, to the Point of True Beginning, containing 0.335 acres, more of less, of which 0.000 acres, more or less, lies within the present road occupied;
Of the above described area, 0.335 acres is contained within the Franklin County Auditors Parcel 010-267629;
Parcel Numbers: 010-267629
Property Address: 2870 Alum Creek Dr., Columbus, OH 43207.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two-, three-, and four-unit dwellings, or those uses in the PUD-8, Planned Unit Development District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned on the Applicant completing Rezoning Application #Z22-001 through City Council action within one year of the date of project funding being approved by the Ohio Housing Finance Agency (OHFA), or within two years of the effective date of this ordinance, whichever occurs first.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.