Explanation
AMENDMENT: CV00-051B
Ordinance #1193-02, passed on July 29, 2002, permitted a 314 dwelling unit complex on 6.7 acres in the M, Manufacturing District. The approved Council variance includes provision of 465 parking spaces in two parking garages and 11 surface spaces. The applicant has indicated that construction on the northern portion of the property, where the major parking garage is to be located, is delayed by the pending final redesign of the Interstate 70/71 interchange through downtown. This legislation will allow the use of an adjacent 1.76 acre parcel for surface parking for the development. The property proposed for the parking lot and owned by the State of Ohio, is the abandoned Ohio Canal under renewable 99 year lease to American Electric Power, and subleased to the applicant, Liberty Place LLC. The original proposal received approval from the Brewery District Commission and included specific colors of bricks for the buildings. These approved bricks are no longer available and the Brewery District Commission has approved substitute bricks.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance # 1193-02, passed on July 29, 2002 (CV00-051A), for the property located at 100 LIBERTY STREET (43215), to include an adjacent 1.76± acre tract to allow alternative parking for phased development pending resolution of ODOT's I-70/71 interchange improvement plans and to modify building material requirements as approved by the Brewery District Commission.
Body
WHEREAS, Ordinance #1193-02, passed on July 29, 2002 (CV00-051A), allowed the construction of 314 dwelling units with two interior parking garages at 100 LIBERTY STREET (43215) in an M, Manufacturing District; and
WHEREAS, construction on the northern portion of the property, where the major parking garage is to be located, is delayed by the final redesign of the Interstate 70/71 interchange through downtown; and
WHEREAS, this legislation will allow the use of an adjacent 1.76± acre parcel for surface parking for the development which will provide required parking until the parking garages can be built; and
WHEREAS, the Brewery District Commission approved the parking lot design and the materials palette changes to permit the use of bricks now available; and
WHEREAS, said ordinance requires separate submission for all applicable permits, Certificate of Appropriateness, 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 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 100 LIBERTY STREET (43215), in using said property as desired; and
WHEREAS, the City Departments recommend approval and note that this amendment will alleviate difficulties being experienced by the owner due to ODOT's pending I-70/71 interchange improvement plans that are delaying the project; and; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That this legislation amends Ordinance #1193-02, passed July 29, 2002, to include an adjacent 1.76± acre tract to allow alternative parking for phased development pending resolution of ODOT's I-70 improvement plans and to change building material requirements as approved by the Brewery District Commission, said 1.76± acre tract ("Tract A") more particularly described below:
TRACT A
DESCRIPTION OF 1.761 ACRES OF LAND
"CANAL" PARCEL
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 27, Township 5, Range 22, Refugee Lands, being a 1.761 acre tract of land located in the abandoned Columbus Feeder to the Ohio and Erie Canal and described in a Lease of Canal Lands to the Columbus & Southern Ohio Electric Company, of record in Lease Record 83, Page 346, all references to records being on file in the Recorder's Office, Franklin County, Ohio, said 1.761 acre tract being more particularly described as follows:
Beginning for reference at a drill hole found at the intersection of the northerly right-of-way line of said Liberty Street and the westerly right-of-way line of Front Street;
Thence North 87°53'56" West, along the northerly right-of-way line of said Liberty Street, as delineated on the plat "The L. Hoster Brewing Company's Sub.", of record in Plat Book 5, Page 362, a distance of 509.48 feet to an iron pin found (1 foot deep);
Thence North 11°53'46" East, continuing along a right-of-way line of said Liberty Street, as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Page 18, a distance of 5.07 feet to an iron pin found with a plastic cap stamped Hockaden and Assoc.;
Thence North 87°53' 56" West, continuing along the northerly right-of-way line of said Liberty Street, a distance of 12.66 feet to an iron pin set at a point of curvature;
Thence continuing along the northerly right-of-way line of said Liberty Street, along the arc of a curve to the left, having a radius of 276.56 feet, a central angle of 10°50'44", an arc distance of 52.35 feet to an iron pin found with a plastic cap stamped Hockaden and Assoc., at a point of tangency, said arc being subtended by a chord bearing South 06°40'42" West, a chord distance of 52.27 feet;
Thence South 81°15'20" West, continuing along the northerly right-of-way line of said Liberty Street, a distance of 245.68 feet to an iron pin set in the easterly line of the Columbus Feeder to the Ohio and Erie Canal (abandoned) as described in said Lease of Canal Lands to the Columbus & Southern Ohio Electric Company, of record in Lease Record 83, Page 346, and being the True Place of Beginning of the 1.761 acre tract herein described:
Thence South 81°15'20" West, continuing along the northerly right-of-way line of said Liberty Street, as described in a Governor's Deed State of Ohio, in Official Record Volume 23507 E13, a distance of 22.76 feet to an iron pin found with a plastic cap stamped Hockaden and Assoc., at a point of curvature;
Thence continuing along the northerly right-of-way line of said Liberty Street, along the arc of a curve to the right, having a radius of 50.00 feet, a central angle of 90°45'54", an arc distance of 79.21 feet to an iron pin set, said arc being subtended by a chord bearing North 53°21'43" West, a chord distance of 71.18 feet;
Thence South 82°01'14" West, continuing along the northerly right-of-way line of said Liberty Street, a distance of 29.88 feet to a railroad spike set in the westerly line of said Feeder Canal, in the easterly right-of-way line of Short Street;
Thence North 07°58'46" West, along the westerly line of said Feeder Canal, the easterly right-of-way line of Short Street, a distance of 144.82 feet to a railroad spike set;
Thence North 00°44'56" West, continuing along the westerly line of said Feeder Canal, the easterly right-of-way line of Short Street, a distance of 667.69 feet to a railroad spike found at the intersection of the easterly right-of-way line of Short Street and the southerly right-of-way line of Fulton Street;
Thence South 78°00'27" East, along the southerly right-of-way line of said Fulton Street, a distance of 81.35 feet to an iron pin set in the easterly line of said Feeder Canal, at the northwesterly comer of Parcel 3, as described in a deed to Harsco Corporation, of record in Deed Book 2152, Page 97;
Thence South 02°41' 46" East, along the easterly line of said Feeder Canal, along the westerly line of said Parcel 3, the westerly line of Parcel I and Parcel 4, as described in said Deed Book 2152, Page 97, a distance of 641.63 feet to a concrete canal marker with ¾" steel rod;
Thence South 08°32' 59" East, continuing along the easterly line of said Feeder Canal, along the westerly line of said Parcel 4 and Parcel 5, as described in said Deed Book 2152, Page 97, a distance of 190.21 feet to the True Place of Beginning and containing an area of 1.761 acres of land.
For the purpose of this description a bearing of North 87°53'56" West was used on the northerly right-of-way line of Liberty Street (50') as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Pages 18,19 & 20, and all other bearing relate to this basis of bearing.
TRACT B
DESCRIPTION OF 2.882 ACRES OF LAND
SOUTH OF FULTON STREET
WEST OF FRONT STREET
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 27, Township 5, Range 22, Refugee Lands, being a 2.882 acre tract of land all out of that 6.729 acre tract as described in a deed to Liberty Place, LLC, of record in Instrument Number 200111060267193, all references to records herein are on file in the Recorder's Office, Franklin County, Ohio, said 2.882 acre tract being more particularly described as follows:
Beginning at a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found in the northerly right-of-way line of Liberty Street, at the southeasterly comer of said 6.729 acre tract, at the southwesterly comer of that 1.093 acre tract as described in a deed to 503 South Front Street Limited Partnership, of record in Official Record Volume 27075 G03, and being referenced North 87°53'56" West, a distance of 300.00 feet from a drill hole found at the intersection of the northerly right-of-way line of said Liberty Street and the westerly right-of-way line of Front Street;
Thence North 87°53'56" West, along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, a distance of 209.48 feet to a %" iron pin found (with no cap)(1 foot deep) at a southwesterly comer of said 6.729 acre tract;
Thence North 11 °53"46" East, continuing along a right-of-way line of said Liberty Street, along a westerly line of said 6.729 acre tract, a distance of 5.07 feet to an %" iron pin found with a plastic cap stamped Hockaden and Assoc.;
Thence North 87°53'56" West, continuing along the northerly right-of-way line of said Liberty Street, as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Page 18, along the southerly line of said 6.729 acre tract, a distance of 12.66 feet to an iron pin set at a point of curvature;
Thence continuing along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, along the arc of a curve to the left, having a radius of 276.56 feet, a central angle of 10°50'44", an arc distance of 52.35 feet to a %" iron pin found with a plastic cap stamped Hockaden and Assoc., at a point of tangency, said arc being subtended by a chord bearing South 86°40'42" West, a chord distance of 52.27 feet;
Thence South 81 °15'20" West, continuing along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, a distance of 245.68 feet to an iron pin set at the southwesterly comer of said 6.729 acre tract, in the easterly line of the Columbus Feeder to the Ohio and Erie Canal (abandoned) as described in a Lease of Canal Lands to the Columbus & Southern Ohio Electric Company, of record in Lease Record 83, Page 346, witness a W' iron pin found with a plastic cap stamped Hockaden and Assoc., in the northerly right-of-way line of said Liberty Street at a point of curvature, bearing South 81 °15'20" West, a distance of 22.76 feet;
Thence North 08°32'59" West, along the easterly line of said Columbus Feeder to the Ohio and Erie Canal (abandoned), along the westerly line of said 6.729 acre tract, a distance of 190.21 feet to an original concrete canal marker with a 3/4" steel rod set within;
Thence North 02°41'46" West, continuing along the easterly line of said Columbus Feeder to the Ohio and Erie Canal (abandoned), along the westerly line of said 6.729 acre tract, a distance of 174.70 feet to an iron pin set;
Thence North 87°18'14" East, crossing through said 6.729 acre tract, a distance of 240.40 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found at a comer in the easterly line of said 6.729 acre tract, at the northwesterly comer of that Parcel #1 as described in an Affidavit to Alan Wasserstrom, Reid Wasserstrom, and Rodney Wasserstrom, the Trustees of the Front & Fulton Real Estate Trust, of record in Instrument Number 200205070114509;
Thence South 04°24'37" West, along the easterly line of said 6.729 acre tract, along the westerly line of said Parcel #1, a distance of 158.80 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found at a comer in the easterly line of said 6.729 acre tract, at southwesterly comer of said Parcel #1;
Thence South 78°33'20" East, along a southerly line of said Parcel #1, along a northerly line of said 6.729 acre tract, a distance of 149.95 feet to a railroad spike found at corner in the easterly line of said 6.729 acre tract;
Thence South 11°53'46" West, along a westerly line of said Parcel #1, along an easterly line of said 6.729 acre tract, a distance of 17.19 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found at a southwesterly comer of said Parcel #1, at a comer in the easterly line of said 6.729 acre tract;
Thence South 87°53'56" East, along the southerly line of said Parcel #1, along a northerly line of said 6.729 acre tract, a distance of 186.18 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found at a northeasterly comer of said 6.729 acre tract, in the westerly line of that 1.093 acre tract as described in a deed to 503 South Front Street Limited Partnership, of record in Official Record Volume 27075003;
Thence South 02°06'04" West, along the easterly line of said 6.729 acre tract, the westerly line of said 1.093 acre tract, a distance of 135.00 feet to the True Place of Beginning and containing an area of 2.882 acres of land.
For the purpose of this description a bearing of North 87°53' 56" West was used on the northerly right-of-way line of Liberty Street (50') as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Pages 18,19 & 20,/and all other bearing relate to this basis of bearing.
This description was prepared from an actual field survey of the premises in September, 2000 by ms consultants, inc., under the direct supervision of John L. Price, Registered Professional Surveyor No. 7159. All iron pins set are 5/8" x 30" rebar with a yellow plastic cap stamped "ms cons, colum".
TRACT C
DESCRIPTION OF 3.847 ACRES OF LAND
SOUTH OF FULTON STREET
WEST OF FRONT STREET
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 27, Township 5, Range 22, Refugee Lands, being a 3.847 acre tract of land all out of that 6.729 acre tract of land as described in a deed to Liberty Place, LLC, of record in Instrument Number 200111060267193, all references to records herein are on file in the Recorder's Office, Franklin County, Ohio, said 3.847 acre tract being more particularly described as follows:
Beginning for Reference at a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found in the northerly right-of-way line of Liberty Street, at the southeasterly comer of said 6.729 acre tract, at the southwesterly comer of that 1.093 acre tract as described in a deed to 503 South Front Street Limited Partnership, of record in Official Record Volume 27075 G03, and being referenced North 87°53' 56" West, a distance of 300.00 feet from a drill hole found at the intersection of the northerly right-of-way line of said Liberty Street and the westerly right-of-way line of Front Street;
Thence North 87°53'56" West, along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, a distance of 209.48 feet to a %" iron pin found (with no cap)(1 foot deep) at a southwesterly comer of said 6.729 acre tract;
Thence North 11 °53"46" East, continuing along a right-of-way line of said Liberty Street, along a westerly line of said 6.729 acre tract, a distance of 5.07 feet to an W' iron pin found with a plastic cap stamped Hockaden and Assoc.;
Thence North 87°53'56" West, continuing along the northerly right-of-way line of said Liberty Street, as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Page 18, along the southerly line of said 6.729 acre tract, a distance of 12.66 feet to an iron pin set at a point of curvature;
Thence continuing along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, along the arc of a curve to the left, having a radius of 276.56 feet, a central angle of 10°50'44", an arc distance of 52.35 feet to a W' iron pin found with a plastic cap stamped Hockaden and Assoc., at a point of tangency, said arc being subtended by a chord bearing South 86°40'42" West, a chord distance of 52.27 feet;
Thence South 81 °15'20" West, continuing along the northerly right-of-way line of said Liberty Street, along the southerly line of said 6.729 acre tract, a distance of 245.68 feet to an iron pin set at the southwesterly corner of said 6.729 acre tract, in the easterly line of the Columbus Feeder to the Ohio and Erie Canal (abandoned) as described in a Lease of Canal Lands to the Columbus & Southern Ohio Electric Company, of record in Lease Record 83, Page 346, witness a %" iron pin found with a plastic cap stamped Hockaden and Assoc., in the northerly right-of-way line of said Liberty Street at a point of curvature, bearing South 81015'20" West, a distance of 22.76 feet.
Thence North 08°32'59" West, along the easterly line of said Columbus Feeder to the Ohio and Erie Canal (abandoned), along the westerly line of said 6.729 acre tract, a distance of 190.21 feet to an original concrete canal marker with a 3/4" steel rod set within;
Thence North 02°41 '46" West, continuing along the easterly line of said Columbus Feeder to the Ohio and Erie Canal (abandoned), along the westerly line of said 6.729 acre tract, a distance of 174.70 feet to an iron pin set and being the True Place of Beginning of the 3.847 acre tract herein described;
Thence North 02°41'46" West, continuing along the easterly line of said Columbus Feeder to the Ohio and Erie Canal (abandoned), along the westerly line of said 6.729 acre tract, a distance of 466.93 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found in the southerly right-of-way line of Fulton Street at the northwesterly comer of said 6.729 acre tract;
Thence South 78°00'27" East, along the southerly right-of-way line of said Fulton Street, along the northerly line of said 6.729 acre tract, a distance of 426.03 feet to a drill hole found at the intersection of the southerly right-of-way line of said Fulton Street and the westerly right-of-way line of Second Street, being the northeasterly comer of said 6.729 acre tract;
Thence South 00°01 '21" West, along the westerly right-of-way line of said Second Street, along the easterly line of said 6.729 acre tract, a distance of 365.46 feet to a %" iron pin found (with no cap)(1 foot deep), at a northeasterly comer of that Parcel #1 as described in an Affidavit to Alan Wasserstrom, Reid Wasserstrom, and Rodney Wasserstrom, the Trustees of the Front & Fulton Real Estate Trust, of record in Instrument Number 200205070114509;
Thence South 89°34'54" West, along a southerly line of said 6.729 acre tract, along a northerly line of said Parcel #1, a distance of 154.50 feet to a 5/8" iron pin with a plastic cap stamped "ms cons, colum" found;
Thence South 87°18'14" West, crossing through said 6.729 acre tract, a distance of 240.40 feet to the True Place of Beginning and containing an area of 3.847 acres of land.
For the purpose of this description a bearing of North 87°53'56" West was used on the northerly right-of-way line of Liberty Street (50') as delineated on the plat "Liberty Street Dedication and Easements", of record in Plat Book 86, Pages 18,19 & 20, and all other bearing relate to this basis of bearing.
This description was prepared from an actual field survey of the premises in September, 2000 by ms consultants, inc., under the direct supervision of John L. Price, Registered Professional Surveyor No. 7159. All iron pins are 5/8" x 30" rebar with a yellow plastic cap stamped "ms cons, colum".
SECTION 2. That the parking lot on Tract A shall meet the requirements of C.C. 3342; be in general conformance with the plans approved by the Brewery District Commission, titled, "Exhibit C" and "Exhibit D"; stamped by the Historic Preservation Office and dated June 2, 2005; shall meet the requirements of the Approved Specifications on the Certificate of Appropriateness, Application No. 05-5-4b, hearing date June 2, 2005; shall meet all requirements of the City of Columbus Transportation Division and all other Columbus Code requirements.
SECTION 3. That this ordinance is further conditioned to amend the development standards for Tracts A, B, and C to incorporate substitute bricks, as approved by the Brewery District Commission (Exhibit E), and that any subsequent materials palette changes to the development plan shall be required to obtain a Certificate of Appropriateness from the Brewery District Commission.
SECTION 4. That this ordinance is further conditioned that all of the requirements of Ordinance # 1193-02 shall be met with the exception of changes allowed by this amendment.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.