Columbus City Bulletin 7/19/03 (pdf)

Columbus City

Bulletin

Bulletin 29

July 19, 2003

July 19, 2003

THE CITY BULLETIN

3949

Proceedings of City Council

Vol. LXXXVIII

Saturday, July 19, 2003

NO. 29

PROCEEDINGS OF CITY COUNCIL REGULAR MEETING NO. 27 MONDAY, JULY 14, 2003 AT 5:00 P.M.

Council met in regular session with President Matthew D. Habash in the chair. The roll being called, the following members were present: Kevin L. Boyce, President Pro-Tem Michael C. Mentel, Maryellen O'Shaughnessy, Richard W. Sensenbrenner, Charleta B. Tavares, Patsy A. Thomas and President Matthew D. Habash. There being a quorum present, Council adopted a motion to dispense with reading of the minutes of the previous session and to accept the journal as recorded.

PROCEEDINGS OF CITY COUNCIL REGULAR MEETING NO. 28 MONDAY, JULY 14, 2003 AT 6:30 P.M.

Council met in regular session with President Matthew D. Habash in the chair. The roll being called, the following members were present: Kevin L. Boyce, President Pro-Tem Michael C. Mentel, Maryellen O'Shaughnessy, Richard W. Sensenbrenner, Charleta B. Tavares, Patsy A. Thomas and President Matthew D. Habash. There being a quorum present, Council adopted a motion to dispense with reading of the minutes of the previous session and to accept the journal as recorded.

APPOINTMENTS:

A0018-2003 A0020-2003 A0022-2003 A0023-2003 A0024-2003 A0025-2003 A0026-2003 A0027-2003 A0028-2003

Appointment of John J. Kulewicz, Vorys, Seymour, Pease, 52 East Gay Street, Columbus, Ohio 43216, to serve on the Columbus Zoo Board with a term expiration date of December 31, 2004. (Appointee's resume on file in the Mayor's office.) Appointment of John A. Cooley, Clintonville Area Commission, 104 East Tulane Road, Columbus, Ohio 43202, to serve on the Transporation & Pedestrian Commission with a term expiration date of June 30, 2004. (Appointee's resume on file in the Mayor's office.) Appointment of Cleve Ricksecker, Downtown Development Corp, 20 East Broad Street, Columbus, Ohio 43215, to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2004. (Appointee's resume on file in the Mayor's office.) Appointment of Jonathan I Groner, MD, Children's Hospital, 700 Children's Drive, Columbus, Ohio 43205 to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2005. (Appointee's resume on file in the Mayor's office.) Appointment of Ronald L. Barnes, COTA, 1600 McKinley Avenue, Columbus, Ohio 43222 to serve on the Transporation & Pedestrian Commission with a term expiration date of June 30, 2005. (Appointee's resume on file in the Mayor's office.) Appointment of Lori Carter-Evans, Columbus Public Schools, 1072-A Irongate Lane, Columbus, Ohio 43213 to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2006. (Appointee's resume on file in the Mayor's office.) Appointment of Ahmad Al-Akhrahs, PhD, MORPC, 285 East Main Street, Columbus, Ohio 43215 to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2006. (Appointee's resume on file in the Mayor's office.) Appointment of Jeff Stephens, Central Ohio Bicycle Advocacy, 202 Sinsbury Drive, Worthington, Ohio 43085 to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2006. (Appointee's resume on file in the Mayor's office.) Appointment of Lt. Karl L. Barth, Columbus Division of Police, 120 Marconi Blvd, Columbus, Ohio 43215 to serve on the Transportation & Pedestrian Commission with a term expiration date of June 30, 2004. (Appointee's resume on file in the Mayor's office.)

THE CITY BULLETIN Official Publication of the City of Columbus

Published weekly under authority of the City Charter and direction of the City Clerk. The Office of Publication is the City Clerk's Office, 90 W. Broad Street, Columbus, Ohio 43215. The City Bulletin contains the official report of the proceedings of council. The Bulletin also contains all ordinances and resolutions acted upon by council, civil service notices and announcements of examinations, advertisements for bids and requests for professional services, and details pertaining to official actions of all city departments.

July 19, 2003

THE CITY BULLETIN

3948

THE FOLLOWING COMMUNICATIONS WERE RECEIVED IN THE CITY CLERK'S OFFICE AS OF WEDNESDY, JULY 9, 2003

New Type: C1, C2 To: United Smokes of America LLC DBA United Smokes of America 3192 N. High St Columbus Ohio 43202

New Type: D5A To: Franklin Motel LLC DBA Comfort Suites 1690 Clara St Columbus Ohio 43211

Transfer Type: D5, D6 To: Columbus Suites Sportservice LLC 200 W. Nationwide Blvd-Suites Only Columbus Ohio 43215 From: Fenway LLC DBA Senior Garcias 5727 Chantry Dr Columbus Ohio 43232

New Type: C1 To: MI Bandara Supermarket LLC 1965 E Dublin-Granville Rd Columbus, OH 43229

Transfer Type: D2, D2X, D3. D6 To: Delhi Darbar Restaurant Inc DBA Delhi Darbar Restaurant 2321 N High St 1st Fl Bsmt & Patio Columbus Ohio 43202 From: Casa Di Pasta Inc 2321 N High St 1st Fl Bsmt & Patio Columbus, OH 43202

Transfer Type: D5, D6 To: Tobar Properties LLC DBA Blackhorse Inn 1420 Presidential Dr & Patio Columbus Ohio 43212 From: Jambil Inc DBA Blackhorse Inn 1420 Presidential Dr & Patio Columbus Ohio 43212

Transfer Type: C1, C2 To: 1971 Doren Avenue Inc DBA New Doren Market 1971 Doren Av Columbus Ohio 43223 From: N & S Market Inc DBA New Doren Market 1971 Doren Av 1st Fl Columbus Ohio 43223

Transfer Type: D2, D2X To: Matt Damon Entertainment LLC DBA Studio 35 Cinema 3055 Indianola Av Columbus Ohio 43202 From: J M C Entertainment Inc DBA Studio 35 Cinema 3055 Indianola Av Columbus OH 43202

Transfer Type: D5, D6 To: Yong Ml II LLC 1884 Tamarack Circle S & Patio Columbus, OH 43229 From: VAGT Inc DBA Shortys Sports Bar & Grill 1884 Tamarack Circle S & Patio Columbus Ohio 43229

(07/19/03)

July 19, 2003

THE CITY BULLETIN

3949

ORDINANCES

ORD NO. 0796-2003

To grant a Variance from the provisions of Sections 3342.06 Aisle; 3342.09, Dumpster area; 3342.18, Parking Setback Line; 3372.521, Supplemental parking requirements; 3372.564 Parking; and 3372.567 Maximum floor area for the property located at 1892 INDIANOLA AVENUE (43201), to permit a seven-unit apartment house with reduced development standards in the ARA, Apartment Residential District (Council Variance CVO2-052), and to declare an emergency.

WHEREAS, by application #CVO2-052, the owner of property at 1892 INDIANOLA AVENUE (43201) is requesting a Variance to permit a seven-unit apartment house with reduced development standards in the A~, Apartment Residential District; and

WHEREAS, Section 3342.06, Aisle, requires a minimum aisle width of thirteen (13) feet for parallel parking, while the applicant intends to provide an aisle eleven (11) feet wide for an eighteen foot segment of aisle; and

WHEREAS, Section 3342.09, Dumpster area, prohibits the location of a dumpster in any required yard or setback, while the applicant intends to place a dumpster in required front yard forward of the Seventeenth Avenue building setback line as shown on the site plan; and

WHEREAS, Section 3342.18, Parking setback line, requires a 25-foot parking setback in the AR-4, Apartment Residential District, while the applicant requests that the Seventeenth Avenue parking setback line be reduced from25-feet to zero feet; and

WHEREAS, Section 3372.521, Supplemental parking requirements, prohibits parking in a required side yard and between a building and public street, while the applicant proposes to retain parking spaces in the required side yard located between the existing building and Seventeenth Avenue; and

WHEREAS, Section 3372.564 Parking, requires a maximum of twenty-eight (28) parking spaces for seven apartment units, while the applicant proposes to provide eleven (11) parking spaces; and

WHEREAS, Section 3372.567 Maximum floor area, requires a maximum total calculated floor area ratio of 0.6 on a lot, while the applicant proposes a maximum total calculated floor area ratio 0.91 (13,633 sq ft Floor Area/ 14,856 Total Area = 0.91); and

WHEREAS, the University Area Commission recommends approval; and WHEREAS, the City Departments recommend approval and note a hardship exists because the site is developed with a closed 54-occupant sorority/fraternity house and the applicant wishes to redevelop the existing building with reduced development standards as a seven-unit apartment house. The applicant is requesting variances to reduce aisle width for parallel parking, allow a dumpster forward of the building line, reduce the parking setback line on Seventeenth Avenue, allow parking and maneuvering in required side yard between a building and public street, reduce the number of required off-street parking spaces for residential uses, and increase the maximum total calculated floor area permitted on a lot The variances requested to reduce development standards reflect existing site conditions A hardship exists in that the applicant's proposal to convert a 54-occupant sorority/fraternity house to a seven-unit apartment house in the ARA, Apartment Residential District requires variances to reduce development standards 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 1892 INDIANOLA AVENUE (43201), in using said property as desired; now, therefore: WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that heating and electrical contractors are ready to begin work for the immediate preservation of the public peace, property, health and safety; now, therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS: Section 1. That a Variance from the provisions of Sections 3342.06, Aisle; 3342.09, Dumpster area; 3342.18, Parking Setback Line; 3372.521, Supplemental parking requirements, 3372.564, Parking, and 3372.567 Maximum floor area, is hereby granted for the property located at 1892 INDIANOLA AVENUE (43201), in that said sections prohibit conversion of a former fraternity/sorority house to a seven-unit apartment house with an aisle eleven feet wide for a distance of eighteen feet, a dumpster in required front yard forward of the building setback line as shown on the site plan, a parking setback line reduced from twenty-five to zero feet on Seventeenth Avenue, parking and maneuvering between the existing building and Seventeenth Avenue in required side yard, a reduction of required parking spaces from28 to 11 spaces for apartment house use, and a maximum calculated floor area ratio of0.9 1; said property being more particularly described as follows: Situated in the County of Franklin, State of Ohio and in the City of Columbus Being Lots Numbered Forty-Eight (48) and Forty-Nine (49) of INDIANOLA FOREST ADDITION to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book No.8, page 4-A, Recorder's Office, Franklin County, Ohio, and part of alley vacated by Ordinance No 22417, passed September 11, 1905. Known as 1892 Indianola Avenue, Columbus, Ohio 43201.Parcel #010-024392. Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a lot developed with a seven-unit apartment house, or those uses permitted in the AR-4, Apartment Residential District Section 3. That this ordinance is further conditioned on general compliance with drawings titled "REMODELING AT 1892 INDIANOLA AVE, COLUMBUS, OHIO (Exhibit A)", "REMODELING AT 1892 INDIANOLA AVE, COLUMBUS, OHIO (SHEET A8), and "REMODELING AT 1892 INDIANOLA AVE, COLUMBUS, OHIO (SHEET A8B)", all signed by Fred Stewart-Magee, agent for applicant, and dated June 30,2003. Section 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use. Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same. Passed as amended July 14, 2003, Matthew D. Habash, President of Council / Approved as amended July 16, 2003 Michael B. Coleman, Mayor / Attest, Andrea Blevins, CMC, City Clerk.

ORD NO. 0980-2003

To authorize and direct the Finance Director to enter into one contract for an option to purchase Computers, Servers, Laptops, Peripherals, Accessories and Related Services, with Smart Solutions, and to authorize the expenditure of one dollar to establish the contract from the Purchasing / Contract Operation Fund, and to declare an emergency ($1.00)

WHEREAS, the Purchasing Office advertised and solicited formal bids on February 6, 2003 and selected the lowest, responsive and responsible bid; and

July 19, 2003

THE CITY BULLETIN

3950

WHEREAS, this ordinance addresses Purchasing objectives of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and

WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into one contract for an option to purchase Computers, Servers, Laptops, Peripherals, Accessories and Related Services, thereby preserving the public health, peace, property, safety, and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Finance Director be and is hereby authorized and directed to enter into one contract for an option to purchase Computers, Servers, Laptops, Peripherals, Accessories and Related Services in accordance with Solicitation No. SA000246JY as follows:

Smart Solutions, Item(s): 1-21, Amount: $1.00

No award is being made on items 22-63. Separate legislation is being processed for items awarded, but not listed

SECTION 2. That the expenditure of 2.00 is hereby authorized from Purchasing Contract Account, Organization Level 1: 45-01, Fund: 05516, Object Level 3: 2270, OCA: 451120, to pay the cost thereof

SECTION 3. That for the reason stated in the preamble here to, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same

Passed July 14, 2003, Matthew D. Habash, President of Council / Approved July 16, 2003 Michael B. Coleman, Mayor / Attest, Andrea Blevins, CMC, City Clerk.

ORD NO. 1001-2003

To rezone 2372 GANTZ ROAD (43123), being 9.2? acres located on the east side of Gantz Road, 460? feet south of Willow Run Road, From: PUD-6, Planned Unit Development District, To: R-2, Residential District (Rezoning #Z03-018).

WHEREAS, application #Z03-018 is on file with the Building Services Division of the Department of Development requesting rezoning of 9.2? acres from PUD-6, Planned Unit Development District, to R-2, Residential District; and

WHEREAS, the Development Commission recommends approval of said zoning change; and WHEREAS, the City Departments recommend approval of said zoning change because the requested R2, Residential District, with the commitments from the developer for similar lot widths abutting the surrounding SR, Suburban Residential lots, and if necessary, for partially funding the installation of traffic calming devices along Willow Run Road, would permit single-family residential development consistent with established zoning and development patterns of the area, now, therefore: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS: Section 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No 0179-03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows 2372 GANTZ ROAD (43123), being 9.2i acres located on the east side of Gantz Road, 460? feet south of Willow Run Road, and being more particularly described as follows: Situated in the State of Ohio, County of Franklin, City of Columbus, Townships of Franklin and Jackson and being part of Virginia Military Survey number 1454 and containing 9.20 acres of land more or less, and being particularly described as follows:

Beginning at a point in the easterly right-of-way of Gantz Road (50' RIW) said point being in the southerly line of said Lot 19 of M. Jeanette McDowell's Gantz Road Addition (Plat Book 17, page 332) and in the northerly line of a 2.01 acre tract described in a deed to Ronald G. and Dianne L. Claytor of record in Deed Book 3548, said point being the TRUE point of beginning:

Thence North 13 degrees 30' 03" East with the easterly right-of-way line of Gantz Road a distance of 101.91 feet to a point: Thence South 76 degrees 20' 27" East parallel to end 60.00 feet southerly of (as measured at right angles) the northerly line of said Lot Number 19 a distance of 434.49 feet; Thence North 13 degrees 30' 55', East, a distance of 337.66 feet to a point in the southerly line of Willow Run ReSubdivision of record in Plat Book 49. Page 101, and Willow Run Subdivision of record in Plat Book 38, Page 62; Thence South 76 degrees 25' 06" East with the southerly line of said Willow Run ReSubdivision, and said Willow Run Subdivision a distance of 651.41 feet to the southeast corner of said Willow Run Subdivision, a said point being in the westerly line of Willow Creek Subdivision of record in Plat Book 48, Page 57 and 58; Thence South 19 degrees 25' 00" West with the westerly line of said Willow Creek Subdivision a distance o1279.97 feet to the northeast corner of said Lot Number 19; Thence North 76 degrees 20' 27" West along the northerly line of said Lot 19, a distance of 40.00 feet to a point; Thence South 19 degrees 38' 21" West 162.57 feet to a point on the northerly line of Lot 20 of said M. Jeanette McDowell's Gantz Road Addition; Thence South 76 degrees 23' 19" East along the northerly line of said Lot 20, 40.00 feet to a point on a westerly line of said Willow Creek Subdivision; Thence South 19 degrees 38' 00" West with the westerly line of said Willow Creek Subdivision, 166.58 feet to the southeasterly corner of said Lot 20; Thence North 76 degrees 11' 00" West with the southerly line of said Lot 20 a distance of 517.29 feet to the southeast corner of a 2.01 acre tract as described in a deed to Ronald 6. and Dianne L. Claytor in Deed Book 3548, Page 169; Thence North 13 degrees 55' 00" East with the easterly line of said 2.01 acre tract, a distance of 164.44 feet to a point in the southerly line of said Lot Number 19; Thence North 76 degrees 23' 19" West with the southerly line of said Lot Number 19. a distance of 505.90 feet to the TRUE point of beginning and containing 9.20 acres more or less.

To Rezone From: from PU~6, Planned Unit Development District,

To:

R-2, Residential District

Section 2. That a Height District of Thirty-five (35) feet is hereby established in the R-2, Residential District on this property. Section 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division

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