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CW Council denies apartment plan
(by Linda Dillman, staff writer - June 03, 2009)
Legal fact finding and a conclusion on a zoning appeal set the stage for the Canal Winchester Council to uphold a decision by the Planning and Zoning Commission to deny variances on a proposed apartment development.
Trevcor Development and Fairfield Homes sought the variances in order to build a 40 unit senior housing complex on a site located behind Bolenbaugh Hardware at 56 East Waterloo St. The applicant and property owner asked to increase the density from six to 16.5 units per acre and from 12 to 40 units per building. In addition, they also wanted to decrease the one bedroom unit size from 850 square feet to 659 square feet, decrease the two bedroom unit size from 1,075 to20957 square feet, and reduce the percentage of open space.
A public hearing was held on April 13 before the commission and the motion failed when members voted on the initial request. Following an appeal by the petitioners, council held a public hearing on May 4, which was standing-room only with residents voicing opposition to the variance request.
Prior to voting on the appeal on June 1, property owner Scott Thompson addressed council.
"I'm not asking for a variance to bring more people in, but less," said Thompson. "I believe this is the Cadillac of apartment designs that you would want in your neighborhood...Since owning the land, I got a positive response about a senior community. As a property owner, I have a right to sell and it would be very difficult to find a better development."
The property, which currently serves as the site for a community garden, is zoned multi-family. However, in applying variance criteria to increase density, council determined the applicant did not demonstrate that the commission's decision should be overturned.
The village's legal fact finding document noted the requested increase in density, both on a per-acre basis and on a per-unit basis "is not a slight increase," noting both increases in density are more than twice the code development standards. The document further stated the variance would have a potentially adverse affect on the public safety because the parcel would be served by a road system comprised almost exclusively of alleys to the rear of existing single-family residences.
The findings also determined the size of the units and the mix of two and one bedroom units were matters completely within the control of the applicant, who chose the smaller size and proposed many more one bedroom units for reasons unrelated to zoning applications.
In regard to open space requirements, council recognized the 7,000 square foot area with playground equipment and other amenities was a well-conceived area, but the other open-space areas-a 5,800 square foot patio and 5,016 square foot landscaped entry-were largely for the benefit of the developer and potential residents.
"Therefore, the requested variance is actually a substantial one-from 21,000 square feet to an effective 7,000 square feet of improved playground," according to the fact finding document, which further noted that, while "an attractive facility,"..."it dwarfs this particular parcel and the surrounding structures."
Following a review of the findings of fact provided by Law Director Gene Hollins, council upheld the ruling by the commission and denied the appeal by the applicants.
Waterloo Street resurfacing
Federal stimulus dollars will soon arrive in Canal Winchester, albeit through the backdoor, courtesy of Franklin County.
Finance Director Nanisa Osborn said the money is coming through the county and the village is the administrator.
Public Works Director Matt Peoples said Waterloo Street, from Washington Street to the village limits, will be capped with an asphalt overlay.
"It was a little bit of a surprise for us," said Peoples, who estimates the project's cost at $120,000.
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