Explanation
Council Variance Application: CV03-024
APPLICANT: JDM Services, LLC; c/o Richard C. Brahm, Esq.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Construction and demolition debris landfill.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow the expansion of a 172-acre construction and demolition debris landfill that is located in Franklin Township onto approximately 5.35 acres of an 11.35-acre City of Columbus parcel that is zoned both in the AR-12 and ARLD, Apartment Residential Districts. The property has been used as a sand and gravel quarry for many years, and is accessible only from the Franklin Township property. Scioto Big Run was relocated and channelized in 1992 along the southern boundary of the site, which is also comprised of a levee that occupies approximately 6 acres of the site. A Council variance is required because the AR-12 and ARLD, Apartment Residential Districts prohibit landfill use. A hardship exists in that there is no zoning district to which the applicant can request to rezone the property for a landfill. The relocation of Scioto Big Run has physically separated the 11.35-acre site from the property to the south, and existing mounding and the levee prevent the property's use except in conjunction with the adjoining construction and demolition debris landfill in Franklin Township.
Title
To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, for the property located at 725 FRANK ROAD (43223), to permit a construction and demolition debris landfill in the AR-12 and ARLD Apartment Residential Districts in conjunction with an adjoining 172-acre construction and demolition landfill in Franklin Township. (Council Variance # CV03-024)
Body
WHEREAS, by application # CV03-024, the owner of property at 725 FRANK ROAD (43223), is requesting a Council variance to permit a construction and demolition debris landfill in the AR-12 and ARLD Apartment Residential Districts in conjunction with an adjoining 172-acre construction and demolition landfill in Franklin Township; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, prohibits the use of the property as a landfill, while the applicant proposes to use approximately 5.35 acres of an 11.35-acre site as a construction and demolition debris landfill in conjunction with an adjoining 172-acre construction and demolition landfill in Franklin Township; and
WHEREAS, City Departments recommend approval and note a hardship exists because this variance will allow the expansion of a 172-acre construction and demolition debris landfill that is located in Franklin Township onto approximately 5.35 acres of an 11.35-acre City of Columbus parcel that is zoned both in the AR-12 and ARLD, Apartment Residential Districts. The property has been used as a sand and gravel quarry for many years, and is accessible only from the Franklin Township property. Scioto Big Run was relocated and channelized in 1992 along the southern boundary of the site, which is also comprised of a levee that occupies approximately 6 acres of the site. A Council variance is required because the AR-12 and ARLD, Apartment Residential Districts prohibit landfill use, and there is no zoning district to which the applicant can request to rezone the property for a landfill. The relocation of Scioto Big Run has physically separated the 11.35-acre site from the property to the south, and existing mounding and the levee prevent the property's use except in conjunction with the adjoining construction and demolition debris landfill in Franklin Township; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance 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 725 FRANK ROAD (43223), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, is hereby granted for the property located at 725 FRANK ROAD (43223), in that said section prohibits a landfill in the AR-12 and ARLD, Apartment Residential Districts; said property being more particularly described as follows:
725 FRANK ROAD (43223), being 11.35± acres located 2230± feet south of Frank Road and 356± feet east of Brown Road (as measured 624± feet north of Rock Creek Drive), and being more particularly described as follows:
DESCRIPTION OF AN 11.354-ACRE TRACT
FROM LANDS OWNED BY
CELINA INVESTMENTS, LTD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey No. 424, and being a 11.354 acre tract, all out of that 20.089 acre Tract 2 Part 1, owned by Celina Investments, Ltd., of record in Instrument 199712230174328, and identified as Auditors Parcel # 570-126835 (all references to records being on file in the Office of the Recorder, Franklin County, Ohio), said 11.354 acre tract being all of the remainder of said 20.089 acre tract, following a lot split of 8.276 acres created from said 20.089 acre tract and that 1.450 acre parcel known as Tract 2 Part 2, owned by Celina Investments, LTD, of record in said Instrument 199712230174328, said 8.276 acre tract lying southerly from the centerline of a stream known as Big Run, and the herein described 11.354 acre tract lying northerly from the centerline of said Big Run and being further described as follows:
The Point of Reference being at an angle point in the centerline of Brown Road, at Franklin County Engineer Monument No. 1231, being the southwesterly corner of a 0.759 acre Parcel "A", the northwesterly corner of a 10.724 acre Parcel "B", both owned by Franklin Ventures, of record in Official Record Volume 20818 B-20, and being further reference by the following: Franklin County Engineer Monument No. 1230 which bears North 01°11'59" East, at a distance of 390.99 feet, and Franklin County Engineer Monument No. 1232 which bears South 01°03'27" East, at a distance of 998.12 feet, Thence from said Point of Reference, South 77°38'37" East, along the southerly line of said 0.759 acre Parcel "A", the northerly line of said 10.724 acre Parcel "B", and along the southerly line of a 8.826 acre tract of land owned by Franklin Ventures, of record in Official Record Volume 31613 C-05, and along the northerly line of said 20.089 acre tract, a distance of 392.95 feet to an iron pin set at the True Place of Beginning of the herein described 11.354 acre tract, and being in the centerline of a stream known as Big Run, and at the southeasterly corner of said 8.826 acre tract;
Thence South 77°38'37" East, along the northerly line of said 20.089 acre tract, being the southerly line of a 45.57 acre tract of land known as "Second Parcel" owned by Celina Investments, LTD, of record in Instrument #199712230174327, a distance of 1608.74 feet to a point in the westerly line of a 32.634 acre tract of land owned by Celina Investments, LTD., known as Tract 1, of record in Instrument #199712230174328;
Thence South 12°23'45" West, along the easterly line of said 20.089 acre tract, the westerly line of said 32.634 acre tract, a distance of 350.92 feet to an iron pin set in the centerline of a stream known as Big Run;
Thence the following five courses along the centerline of said Big Run; North 65°39'26" West, a distance of 178.11 feet to an iron pin set at a point of curvature;
Thence 69.88 feet along the arc of a curve to the left, having a radius of 300.00 feet, a central angle of 13°20'45", the chord of which bears North 72°19'49" West, a chord distance of 69.72 feet to an iron pin set at point of tangency;
Thence North 79°00'11" West, a distance of 1077.18 feet to an iron pin set at a point of curvature;
Thence 276.16 feet along the arc of a curve to the right, having a radius of 225.00 feet, a central angle of 70°19'25", the chord of which bears North 43°50'29" West, a chord distance of 259.15 feet to an iron pin set at a point of tangency;
Thence North 08°40'47" West, a distance of 202.34 feet to said True Place of Beginning, and containing 11.354 acres.
All iron pins set are 1" diameter and 30" in length, with plastic cap stamped "PSS".
For the purpose of this description, a bearing of South 77°38'37" East was used on the northerly line of that 20.089 acre tract known as Tract 2 Part 1, owned by Celina Investments, Ltd, of record in Instrument #199712230174328, on file in the Office of the Recorder, Franklin County, Ohio. Said bearing being determined by GPS measurements, and based upon the North American Datum of 1983, from monumentation and published values as provided by National Geodetic Survey.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a construction and demolition landfill in conjunction with an adjoining 172-acre construction and demolition landfill in Franklin Township, or those uses permitted in the in the AR-12 and ARLD Apartment Residential Districts.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with "SHEET 7A, TOP OF DEBRIS", drawn by The Mark James Corporation, dated September 15, 2003 and signed by Richard C. Brahm, attorney for the applicant. The plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and completion of engineering plans. Any slight adjustment to the plan 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 applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.