Explanation
Council Variance Application: CV07-039
APPLICANT: EPCON Sugar Run, LLC; c/o Thomas L. Hart, Attorney; 300 Spruce Street, Floor One; Columbus, Ohio 43215.
PROPOSED USE: Single-family dwellings, two-, three- and four-unit dwellings as a multiple dwelling development.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. Approval. This is a request to allow single-family dwellings and two-, three-, and four-unit dwellings in the L-AR-O, Limited Apartment Residential/Office District as a multiple-dwelling development. A variance is needed to permit more than one single-family or two-unit dwelling on each of the two parcels that make up the 62.77± acres. There is an existing council variance passed December 12, 2005, CV05-048, which allows a maximum of 350 dwelling units on 76.12 acres. The proposed council variance, CV07-039, would not permit the number of units to exceed 350 dwelling units on the 62.77± acres, which are located within the 76.12 acre parcel. Staff supports allowing single-family dwellings as one option for development on the site. The applicant has agreed to a number of conditions relative to the development of the site, which are included in the conditions at the end of the ordinance, . but not all of the conditions proposed by staff, based on the Rocky- Fork - Blacklick Accord's provisions for single-family development, have been agreed-to. The major unresolved issues are internal sidewalks and building orientation relative to open space. The Accord provision is for sidewalks on both sides of streets. The applicant does not intend to construct internal sidewalks, but proposes that the private streets will be designed in a manner that the residents can utilize the streets, along with the proposed path system, to walk on, instead of sidewalks. The Accord additionally includes a provision that single-family houses should front onto open spaces, while the applicant is proposing they back up to open spaces. The applicant is providing a 25-foot wide buffer for the wetland in the southwest area of the site. The City has adopted 50 feet as the typical buffer around wetlands to be preserved which allows for fluctuations when the wetland is fully hydrated from a rain event and a comfort zone from residential uses. Delineations by consultants are usually limited to the water zone of the wetland. However, the supporting plant community extends beyond the obvious wet areas. The 50-foot buffer captures more of these plants and helps preserve the hydrology of the wetland. A larger buffer is always better around a natural feature especially when the intent is preservation. The wetland being preserved on-site is probably a Category 3 wetland, the highest and best type of wetland, and most deserving of protection.
Title
To grant a Variance from the provisions of Sections 3333.04, Permitted uses; 3333.22, Maximum side yard; 3333.23, Minimum side yard; 3333.24, Rear yard; 3342.15, Maneuvering; 3370.06, Standards; and 3370.07, Conditions and limitations, for the property located at 5555 NEW ALBANY ROAD WEST (43054), to permit a multiple-dwelling development of single-family, two-, three-, and four-unit dwellings with no internal perimeter yard in the L-AR-O, Limited Apartment Residential/Office District. (Council Variance # CV07-039)
Body
WHEREAS, by application No. CV07-039, the owner of property at 5555 NEW ALBANY ROAD WEST (43054), is requesting a Council Variance to permit a multiple-dwelling development of single-family, two-, three-, and four-unit dwellings with no internal perimeter yard in the L-AR-O, Limited Apartment Office/Residential District; and
WHEREAS, Section 3333.04, Permitted uses, does not permit single-family dwellings or two-family dwellings and requires that three- and four-unit dwellings be developed in accordance with the R-4 standards, while the applicant proposes to construct more than one single-family, two-unit, three-unit, and four-unit dwellings on the parcel which could be considered a multiple-dwelling development which will not conform to the standards of the R-4, Residential District; and
WHEREAS, Sections 3333.22, Maximum side yard, 3333.23, Minimum side yard, and 3333.24, Rear yard, permit a perimeter yard to meet the maximum, minimum and rear yard requirements for an apartment complex or multiple-dwelling development only, while the applicant does not wish to provide a perimeter yard along the common property line between the parcels which comprise this proposed development; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area, while the applicant has agreed to provide a two-car garage and two additional stacked parking spaces, not required by code, in the driveway for each single-family dwelling; and
WHEREAS, Section 3370.06, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan, in which event such more limited standards shall apply, while the applicant does not propose to comply with standards specified herein of the underlying AR-O, Apartment Office District and the zoning text; and
WHEREAS, Sections 3370.07, Conditions and Limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan, while the applicant does not wish to comply with the zoning text requirement that requires all multi-family buildings to be at least two stories and not more than three stories in height; and
WHEREAS, City Departments recommend disapproval because, although staff supports the option to build single-family detached units on the site, this request does not meet all of the provisions of the Rocky Fork - Blacklick Accord for single-family development, including internal sidewalks. Staff makes no recommendation as to the hardship aspects of this request; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 5555 NEW ALBANY ROAD WEST (43054), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3333.04, Permitted uses; 3333.22, Maximum side yard; 3333.23, Minimum side yard; 3333.24, Rear yard; 3342.15, Maneuvering; 3370.06, Standards and 3370.07, Conditions and limitations, are hereby granted for the property located at 5555 NEW ALBANY ROAD WEST (43054), to permit a multiple-dwelling development with one-story and one and one-half story single-family, two-, three- and four-unit dwellings which meets the perimeter yard requirement for its side and rear yards except that there is no perimeter yard between the internal tax parcel line of the development, and with stacked parking for single-family dwellings; said property being more particularly described as follows:
5555 NEW ALBANY ROAD WEST (43054), being 62.77± acres located on the west side of New Albany Road West, 700± feet south of Central College Road, and being more particularly described as follows:
62.77 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 14, Quarter Township 2, Township 2, Range 16, United States Military Lands, and being part of the original 101.642 acre tract conveyed to The New Albany Company LLC by deeds of record in Official Records 16105 D10, 12756 B15 and 21256 E01 and Instrument Number 199811120289607, that 2 acre tract as conveyed to John D., John B., Marion L., and Barbara Shockey by deed of record in Official Record 21172 C15 and that 5 acre tract as conveyed to Rocky Bridge Grace Brethren Church of record in Official Record 24432 D13 (all references refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for Reference, at the centerline intersection of Central College Road with New Albany Road West, of record in Plat Book 103, Page 32-33;
thence North 85° 59' 39" West, with the centerline of said Central College Road, a distance of 1543.82 feet to a point;
thence North 86° 09' 36" West, continuing with said centerline a distance of 468.12 feet to a point;
thence South 05° 44' 42" East, across the right-of-way of said Central College Road and with the westerly line of said original 101.642 acre tract and the easterly lines of that 3.0 acre tract as conveyed to The New Albany Company LLC by deeds of record in Instrument Numbers 199709160093754 and 199811120289607, that 28.528 acre tract as conveyed to Sugar Run at New Albany Park, Ltd. by deed of record in Instrument Number 200506010105555 and that 5 acre tract conveyed to Rocky Ridge Grace Brethren Church by deed of record in Official Record 24432D13, a distance of 1350.67 feet to a point, being the TRUE POINT OF BEGINNING;
thence across said 101.642 acre tract, the following courses and distances:
thence North 53° 37' 57" East, a distance of 305.54 feet to a point;
thence North 01° 56' 04" West, a distance of 490.64 feet to a point;
thence North 73° 20' 56" East, a distance of 295.74 feet to a point;
thence North 38° 06' 21" East, a distance of 103.77 feet to a point;
thence South 36° 22' 03" East, a distance of 332.61 feet to a point;
thence North 53° 38' 26" East, a distance of 514.48 feet to a point;
thence South 38° 46' 01" East, a distance of 247.49 feet to a point;
thence southeastwardly, with the arc of a curve to the right having a radius of 205.00 feet, a central angle of 29° 19' 52" and a chord that bears South 24° 06' 05" East, a chord distance of 103.80 feet (arc distance of 104.94 feet) to a point;
thence South 09° 26' 09" East, a distance of 46.08 feet to a point;
thence North 80° 33' 51" East, a distance of 426.44 feet to a point on the arc of a curve to the left, the westerly right-of-way line of New Albany Road West of record in Plat Book 103, Page 32;
thence with said westerly right-of-way line, with the arc of said curve, having a central angle of 27° 54' 21", a radius of 1050.00 feet, an arc length of 511.40 feet, a chord bearing and distance of South 23° 23' 20" East, 506.36 feet to a point;
thence across said 101.642 acre tract, the following courses and distances:
thence North 85° 27' 02" West, a distance of 19.07 feet to a point;
thence North 63° 22' 25" West, a distance of 32.58 feet to a point;
thence North 38° 29' 02" West, a distance of 67.91 feet to a point;
thence North 55° 38' 48" West, a distance of 36.02 feet to a point;
thence South 58° 01' 05" West, a distance of 18.45 feet to a point;
thence South 40° 15' 23" West, a distance of 49.25 feet to a point;
thence South 58° 50' 55" West, a distance of 37.03 feet to a point;
thence South 83° 34' 24" West, a distance of 55.91 feet to a point;
thence North 80° 14' 48" West, a distance of 48.43 feet to a point;
thence North 83° 40' 14" West, a distance of 42.51 feet to a point;
thence North 83° 29' 03" West, a distance of 30.28 feet to a point;
thence South 37° 29' 55" West, a distance of 38.36 feet to a point;
thence South 59° 29' 18" West, a distance of 45.95 feet to a point;
thence South 87° 06' 29" West, a distance of 100.64 feet to a point;
thence South 65° 02' 30" West, a distance of 81.74 feet to a point;
thence South 60° 35' 29" West, a distance of 90.89 feet to a point;
thence South 53° 03' 11" West, a distance of 52.15 feet to a point;
thence South 00° 00' 15" East, a distance of 26.09 feet to a point;
thence South 16° 56' 49" East, a distance of 50.86 feet to a point;
thence South 11° 36' 29" East, a distance of 56.15 feet to a point;
thence South 34° 45' 30" East, a distance of 46.96 feet to a point;
thence South 30° 29' 34" East, a distance of 55.64 feet to a point;
thence South 09° 47' 04" West, a distance of 20.75 feet to a point;
thence South 66° 25' 42" West, a distance of 54.67 feet to a point;
thence South 70° 50' 01" West, a distance of 51.55 feet to a point;
thence North 63° 27' 44" West, a distance of 25.25 feet to a point;
thence South 88° 15' 54" West, a distance of 23.30 feet to a point;
thence South 41° 21' 57" West, a distance of 23.55 feet to a point;
thence South 02° 13' 01" West, a distance of 85.67 feet to a point;
thence South 16° 48' 55" East, a distance of 39.04 feet to a point;
thence South 64° 30' 35" East, a distance of 34.41 feet to a point;
thence North 51° 21' 42" East, a distance of 22.59 feet to a point;
thence North 61° 04' 01" East, a distance of 37.90 feet to a point;
thence South 69° 47' 50" East, a distance of 28.58 feet to a point;
thence South 40° 30' 18" East, a distance of 69.55 feet to a point;
thence South 23° 13' 20" East, a distance of 37.60 feet to a point;
thence South 62° 39' 16" East, a distance of 112.04 feet to a point;
thence South 40° 05' 37" East, a distance of 65.99 feet to a point;
thence South 17° 03' 06" East, a distance of 127.60 feet to a point;
thence South 22° 07' 36" East, a distance of 23.01 feet to a point;
thence South 22° 17' 14" East, a distance of 68.81 feet to a point;
thence South 15° 44' 20" East, a distance of 98.87 feet to a point;
thence South 17° 12' 53" West, a distance of 31.06 feet to a point;
thence South 53° 49' 11" West, a distance of 41.37 feet to a point;
thence North 87° 14' 05" West, a distance of 43.75 feet to a point;
thence North 75° 43' 01" West, a distance of 74.37 feet to a point;
thence South 50° 59' 05" West, a distance of 33.57 feet to a point;
thence South 23° 58' 47" West, a distance of 27.83 feet to a point;
thence South 20° 07' 01" East, a distance of 30.79 feet to a point;
thence South 59° 57' 32" East, a distance of 61.97 feet to a point;
thence South 15° 26' 27" East, a distance of 21.22 feet to a point;
thence South 38° 13' 54" West, a distance of 42.19 feet to a point;
thence North 76° 17' 41" West, a distance of 62.48 feet to a point;
South 75° 32' 33" West, a distance of 22.60 feet to a point;
South 48° 40' 23" West, a distance of 46.99 feet to a point; and
South 15° 05' 42" West, a distance of 111.30 feet to a point in the northerly limited access right-of-way line of Relocated State Route 161, being the northerly line of that 11.623 acre tract as conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 27687B06;
thence with said northerly limited access right-of-way line, and the northerly lines of said 11.623 acre tract, that 55.176 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 25998D10 and that 0.191 acre tract conveyed to State of Ohio, Department of Transportation by deed of record in Official Record 26998C13, the following courses and distances:
thence South 89° 47' 03" West, a distance of 179.72 feet to a point;
thence South 83° 26' 35" West, a distance of 416.36 feet to a point;
thence South 85° 54' 32" West, a distance of 310.06 feet to a point;
thence North 89° 23' 12" West, a distance of 287.60 feet to a point;
thence North 05° 44' 42" West, with the westerly line of said original 101.642 acre tract and the easterly lines of said 5.211 acre tract, that 5.211 acre tract as conveyed to MH Murphy Development Company by deed of record in Instrument Number 200308270271329, that 5.211 acre tract as conveyed to MH Murphy Development Company by deed of record in Instrument Number 200406210142808, that 3.971 acre tract as conveyed to Christopher K. and Rhonda J. Skaggs by deed of record in Official Record 8159E09, that 5 acre tract as conveyed to John T. and Tina M. Gundlach by deed of record in Official Record 19929J07, a distance 1275.12 feet to a point ;
thence North 86° 11' 50" West, with the southerly line of said Shockey tract, a distance of 1179.95 feet to the TRUE POINT OF BEGINNING, containing 62.77 acres, more or less,
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for single-family, two-, three, and four-unit dwellings, or those uses permitted in the L-AR-O, Limited Apartment Residential/Office District.
SECTION 3. That this ordinance is further conditioned as follows:
a) A system of leisure trails will be incorporated into the community to take advantage of open space and scenic areas as well as provide connectivity to adjacent retail uses.
b) Overall maximum number of dwelling units of 350, established through existing variance CV05-048, which includes an overall acreage of 76.3 acres, remains in place.
c) The maximum number of single-family detached units that may be built is 125.
d) The maximum building height for single-family dwelling units shall be 35 feet.
e) Detached single-family units exterior materials shall consist of some combination of engineered wood or wood, brick, stone, or vinyl.
f) On the front elevation, some architectural element shall extend a minimum of three (3) feet forward of the garage.
g) Garage openings will be less than 50% of the width of the front façade.
h) At least one street tree with a minimum caliper of 2.5" shall be planted for each single-family detached unit and placed along the street in front of the house.
i) All single-family units shall have either sloped or pitched roofs. No flat roofs shall be allowed.
j) No identical elevations will be side by side. At developer's discretion, optional dormers, sunrooms, courtyards and other enhanced architectural features will be included.
k) Each home will provide off street parking for four (4) cars, two (2) inside the garage and two (2) in the driveway.
l) Sidewalks will be installed in association with all single-family units. In cases where the single-family is only present on one side of the street, a sidewalk will be installed on that side. In cases, where single family is present on both sides of the street, a sidewalk will be installed on one side of the street.
m) Any single-family homes which back to open space, primarily the stream system conservation areas, will include patio or courtyard gateway connections to the open space.
SECTION 4. That this ordinance is further conditioned on provision of a 25-foot wide buffer around any wetland.
SECTION 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits 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.