Explanation
Council Variance Application: CV09-026
APPLICANT: Edwards Communities Development Company; c/o Jeffrey L. Brown, Attorney; 37 West Broad Street; Columbus, OH 43215.
PROPOSED USE: Concurrent Council variance to allow off-site open space to be counted toward the density of a proposed multi-family development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This Council variance is being requested in conjunction with rezoning request Z09-018. The requested rezoning from L-ARLD to L-ARLD would amend the limitation overlay text's development standards concerning building height, building materials, and lighting restrictions for multi-family residential development. The limitation overlay of the current L-ARLD district provides that the adjacent parcel which is developed with a retention pond may be used in the calculation of density to achieve maximum density of 15 units per acre. Staff has determined that this provision constitutes a variance which cannot be achieved through a limited overlay zoning district. This Council variance will legitimize said provision by varying C.C.3333.15(d), Basis of computing area, to allow the area of the adjacent parcel to count toward the density calculation for the L-ARLD site.
Title
To grant a Variance from the provisions of Section 3333.15(d), Basis of computing area, of the Columbus City Codes for the property located at 3198 MILL RUN DRIVE (43026), to permit an adjacent parcel to count toward density requirements for a proposed multi-family development in the L-ARLD, Limited Apartment Residential District. (Council Variance #CV09-026).
Body
WHEREAS, by application #CV09-026, the owner of property at 3198 MILL RUN DRIVE (43026), is requesting a Variance to permit an adjacent parcel to count toward density calculations in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3333.15(d), Basis of computing area, requires that the minimum lot area per dwelling unit be calculated on the same lot, while the applicant proposes to calculate density by using the area of the adjacent parcel as though it is on the same lot; and
WHEREAS, City Departments recommend approval because this Council variance is being requested in conjunction with rezoning request Z09-018. The requested rezoning from L-ARLD to L-ARLD would amend the limitation overlay text's development standards concerning building height, building materials, and lighting restrictions for multi-family residential development. The limitation overlay of the current L-ARLD district provides that the adjacent parcel which is developed with a retention pond may be used in the calculation of density to achieve maximum density of 15 units per acre. Staff has determined that this provision constitutes a variance which cannot be achieved through a limited overlay zoning district. This Council variance will legitimize said provision by varying C.C.3333.15, Basis of computing area, to allow the area of the adjacent parcel to count toward the density calculation for the L-ARLD site. No recommendation is being made regarding the hardship aspect of this request; 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 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 3198 MILL RUN DRIVE (43026), 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 3333.15(d), Basis of computing area, of the Columbus City Codes for the property located at 3198 MILL RUN DRIVE (43026), insofar as said section prohibits the area of an adjacent parcel to be used in the calculation of minimum lot area per dwelling unit in the L-ARLD, Limited Apartment Residential District; said property being more particularly described as follows:
3198 MILL RUN DRIVE (43026), being 27.81± acre located on the north side of Mill Run Drive, and being more particularly described as follows:
DESCRIPTION
15.800 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Parcel E of Mill Run Subdivision Street and Easement Dedication Plat Section 2 of record in Plat Book 64, Page 38, and Conveyed to the Upper Arlington Lutheran Church by deed of record in Official Record 17674 E13 (all reference refer to the records of the Recorders Office, Franklin County, Ohio) being more particularly described as follows:
Beginning, for reference, at a magnetic nail set at the centerline intersection of Mill Run Drive and Woods Mill Drive as delineated on the said Mill Run Subdivision Street and Easement Dedication Plat Section 2;
thence with a curve to the right and the centerline of said Mill Run Drive having a central angle of 33° 19' 00", a radius of 550.00 feet, an arc length of 319.82 feet, and a chord bearing and distance of South 62° 45' 35" West, 315.33 feet to a point;
thence North 10° 34' 55" West, across the right-of-way of Mill Run Drive, a distance of 30.00 feet to a 3/4 inch iron pipe found on the northerly right-of-way line of said Mill Run Drive the southerly line of said Parcel E and the True Point of Beginning;
thence with the northerly right-of-way of said Mill Run Drive the following courses and distances:
South 79° 25' 05" West, a distance of 366.05 feet to a 3/4 inch iron pipe found at a point of curvature;
With the arc of a curve to the right, having a central angle of 32° 20' 02", a radius of 720.00 feet, an arc length of 406.32 feet, and a chord bearing and distance of North 84° 24' 54" West, 400.95 feet to an iron pipe set;
Thence North 27° 43' 42" East across said Parcel E, a distance of 625.55 feet to an iron pipe set on the southerly property line of that 12.005 acre tract conveyed to Mill Run Owners' Association by Official Record 9602 E03;
Thence with the southerly line of said 12.005 acre tract the following courses and distances:
With the arc of a curve to the left, having a central angle of 118° 10' 29", a radius of 220.00 feet, an arc length of 453.76 feet, and a chord bearing and distance of North 44° 30' 16" East, 377.50 feet to a 3/4 inch iron pipe found;
North 32° 52' 27" East, a distance of 100.00 feet to an iron pipe set;
North 62° 56' 55" East, a distance of 100.00 feet to a 3/4 inch iron pipe found;
South 86° 34' 26" East, a distance of 100.00 feet to a 3/4 inch iron pipe found;
Thence across said Parcel E the following courses and distances:
South 66° 39' 41" East, a distance of 178.24 feet to an iron pipe set;
North 82° 42' 42" East, a distance of 62.95 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 92.91 feet to an iron pipe set;
South 81° 45' 29" West, a distance of 60.00 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 119.00 feet to an iron pipe set;
South 81° 45' 29" West, a distance of 30.00 feet to an iron pipe set;
South 08° 14' 31" East, a distance of 143.00 feet to an iron pipe set;
Thence North 81° 45' 29" East, with a line projected from and the southern line of "The Millington Condominium at Mill Run" of record in Condominium Plat Book 143, Page 81, a distance of 198.62 feet to an iron pipe set on the westerly right-of-way line of said Mill Run Drive;
Thence with the arc of a curve to the right and said westerly right-of-way line having a central angle of 80° 23' 06", a radius 520.00 feet, an arc length of 729.55 feet, and a chord bearing and distance of South 39° 13' 32" West, 671.17 feet to the TRUE POINT OF BEGINNING and containing 15.800 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The Bearings herein are based on the Ohio State Plane Coordinate System (South Zone) NAD83 (1986 Adjustment). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by Franklin County Engineering Department Monuments "FCGS 6652 RESET" and "FCGS 0005 RESET". The centerline of Mill Run Drive, having a bearing of South 79°25'05" West, is the Basis of Bearings.
This description is based on an actual field survey performed by or under the direct supervision of Michael O. Wanchick, Registered Surveyor Number 7854 in June 2009.
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a 12.005 acre portion of Parcel E of "Mill Run Subdivision Street and Easement Dedication Plat" Section 2 as recorded in Plat Book 64, pages 38 and 39, Franklin County Recorder's office and being more particularly described as follows:
Commencing at the intersection of the centerline of Fishinger Boulevard and Mill Run Drive; thence along the centerline of Mill Run Drive S. 12 degrees 13' 40" E., 301.81 feet; thence S. 77 degrees 46' 20" W., 30.00 feet to the westerly right-of-way line of Mill Run Drive and the true point of beginning; thence along the following eight courses:
Line Bearing Distance
1. S. 77 degrees 46' 20" W. 30.00
2. S. 44 degrees 18' 44" W. 50.00
3. S. 81 degrees 45' 10" W. 75.00
4. N. 81 degrees 53' 45" W. 50.00
5. N. 72 degrees 01' 52" W. 125.00
6. N. 86 degrees 34' 54" W. 100.00
7. S. 62 degrees 56' 27" W. 100.00
8. S. 32 degrees 51' 59" W. 100.00
Thence on a curve to the right 950.95 feet, said curve having a radius of 220.00 feet and a chord 365.51 bearing N. 70 degrees 45' 38" W.; thence along the following nine courses numbered 9 to 17 inclusive;
Line Bearing Distance
9. N. 07 degrees 39' 45" W. 75.00
10. N. 14 degrees 24' 58" W. 75.00
11. N. 32 degrees 52' 08" W. 100.00
12. N. 71 degrees 14' 15" W. 75.00
13. N. 83 degrees 33' 23" W. 50.00
14. N. 53 degrees 44' 33" W. 75.00
15. N. 07 degrees 59' 05" W. 75.00
16. N. 38 degrees 56' 12" E. 75.00
17. N. 29 degrees 18' 48" W. 30.00
To the southerly right-of-way line of Spring Mill Drive; thence along said southerly right-of-way line on a curve to the left 95.08 feet, said curve having a radius of 1,040.00 feet and a chord 95.05 feet, said chord bearing N. 58 degrees 04' 00" E.; thence continuing along said right-of-way line N. 55 degrees 26' 55" E., 123.20 feet; thence continuing along said right-of-way line on a curve to the right 59.39 feet to the southerly right-of-way line of Fishinger Boulevard, said curve having radius of 40.00 feet and a chord 54.08 feet bearing S. 82 degrees 01' 08" E.; thence along said southerly right-of-way line of Fishinger Boulevard and on a curve to the left 707.59 feet, said curve having a radius of 890.00 feet and a chord 689.09 feet bearing S. 62 degrees 15' 45" E.; thence continuing along said right-of-way line S. 69 degrees 35' 39" E. 41.71 feet; thence continuing along said right-of-way line on a curve to the left 103.36 feet, said curve having a radius of 902.00 feet and a chord 103.30 feet bearing N. 89 degrees 07' 25" E.; thence continuing along said right-of-way line N. 72 degrees 24' 31" E., 59.88 feet; thence continuing along said right-of-way line on a curve to the right 59.82 feet to the westerly right-of-way line of Mill Run Drive, said curve having a radius of 40.00 feet and a chord 54.40 feet bearing S. 55 degrees 04' 10" E.; thence along the westerly right-of-way of Mill Run Drive S. 12 degrees 13' 40" E., 224.45 feet to the true point of beginning; containing 12.005 acres, more or less, subject to easements of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-family dwelling units with a maximum density of 15 dwelling units per acre, or those uses permitted in the L-ARLD, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.