Explanation
Council Variance Application: CV16-026
APPLICANT: Automotivezone, Inc.; c/o Donald Plank, Atty.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Retail automotive parts store with distribution facility.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a former automotive parts store and service facility in the C-4, Commercial District. The requested Council variance will permit the establishment of a new retail automotive parts store with an on-site distribution facility, and will conform the site’s setbacks that were reduced by a right-of-way dedication. The applicant proposes a retail automotive parts store in the existing building which is permitted in the C-4, Commercial District, but also plans a distribution facility to serve nearby stores which is classified as an M, Manufacturing use. Variances needed due to the right-of-way dedication include reductions to landscaping and screening requirements and the parking setback line. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010), which recommends Regional Mixed Use for the site. The requested use is consistent with the development pattern of this section of the West Broad Street Corridor, which includes mostly C-4 commercial uses and some industrial uses. Staff is in support of the request to allow storage and distribution of automotive parts in the existing building in association with a retail automotive parts store, with the condition that parking lot screening be provided to mitigate any impacts of the distribution component parking/loading areas on the commercial corridor.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3312.21(D)(1), Landscaping and screening; and 3312.27, Parking setback line, of the Columbus City Codes; for the property located at 3833 WEST BROAD STREET (43228), to permit a retail automotive parts store with distribution facility in the C-4, Commercial District (Council Variance # CV16-026) and to declare an emergency.
Body
WHEREAS, by application No. CV16-026, the owner of property at 3833 WEST BROAD STREET (43228), is requesting a Variance to permit a retail automotive parts store with distribution facility in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, prohibits distribution facilities, while the applicant proposes a distribution facility on site with the retail automotive parts store; and
WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires headlight screening that is 4 feet in width, while the applicant proposes headlight screening that is 2 feet in width; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback of 10 feet, while the applicant proposes a parking setback of 2 feet; and
WHEREAS, The Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested variance to allow a light industrial use (storage and distribution of automotive parts) to be permitted in the existing building in association with a retail use (automotive parts store). This proposal will permit a retail/distribution facility that is consistent with the development pattern of the West Broad Street corridor; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 variances will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public roads, 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 3833 WEST BROAD STREET (43228), in using said property as desired;
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible 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 3356.03, C-4 permitted uses; 3312.21(D)(1), Landscaping and screening; and 3312.27, Parking setback line, of the Columbus City Codes; is hereby granted for the property located at 3833 WEST BROAD STREET (43228), insofar as said sections prohibit a retail automotive parts store with distribution facility; with a reduced width in headlight screening from 4 to 2 feet; and a reduced parking lot setback from 10 feet to 2 feet; said property being more particularly described as follows:
3833 WEST BROAD STREET (43228), being 5.24± acres located on the southwest corner of West Broad Street and Viotis Drive, and being more particularly described as follows:
TRACT 1 (Parcel Number: 010-132292)
All that tract or parcel of land situated partly in the City of Columbus, County of Franklin, and State of Ohio, and more particularly described as follows:
Being all of a 1 acre tract (Deed Book 996, Page 404), of a 2 acre tract (Deed Book 800, Page 32, and part of a 2028 acre tract (Deed Book 536, Page 424), (Deed to Albert Seely, said 1 acre, 3 acre, and 20.28 acre tracts transferred to C.W. Seely by Deed Book 1723, Page 609, Recorder’s Office, Franklin County, Ohio) of part of Lot 13 M.L. Sullivant’s Subdivision, as the same is numbered and delineated upon the recorded plat thereof In Plat Book 11, Page 21 Recorder’s Office, Franklin County, Ohio, and being situated partly in the Township of Franklin, and partly in the City of Columbus, and being more particularly described as follows:
Beginning at a point in the centerline of U.S. Route 40 (West Broad Street), (said beginning point represents the Northeast corner of H. Bierly 1.02 acre tract), said point being North 88° 02' East along the centerline of said U.S. 40 (West Broad Street), a distance of 99.00 feet from the Northwest corner of said Lot 13; (northwest corner of said Lot 13 represents the Northeast corner of General Motors Corp. tract; and the Northwest corner of H. Bierly 1.02 acre tract); thence South 1° 47' East along the East line of H. Bierly 1.02 acre tract (Deed Book 2003, Page 522) and parallel to the vest line of said Lot 13, a distance of 455.50 feet to an iron pin, thence North 88° 02' East parallel to the centerline of U.S. 40 (West Broad Street) and the North line of said Lot 12 and across said 3 acre and 20.28 acre tracts a distance of 455.00 feet to an iron pin in the West line of Viotis Drive (50 feet wide), said West line of Viotis Drive, as established by Mortgage Records 54, Page 513, Recorder’s Office, Franklin County, Ohio, thence North 1° 47' West along the West line of said Viotis Drive, a distance of 455.50 feet to a point in the centerline of said U.S. Route 40 (West Broad Street) passing an iron pin on line at 405.50 feet, thence South 88° 02' West, along the centerline of said U.S. 40 (West Broad Street) a distance of 455.0 feet to the place of beginning, containing 4.759 acres.
TRACT 2 (Parcel Number: 010-015256)
Situated in the State of Ohio, County of Franklin and City of Columbus:
Beginning at the point of intersection of the south right of way line of U.S. 40 (West Broad Street) and the west right of way line of Viotis Drive; thence from said point of beginning westerly along the south right of way line of U.S. Route 40 (West Broad Street), a distance of 145 feet to a point; thence southerly, and parallel to the west right of way line of Viotis Drive, a distance of 145 feet to a point; thence easterly, and parallel to the south right of way line of U.S. Route 40 (West Broad Street), a distance of 145 feet to a point in the west right of way line of Viotis Drive, thence northerly along the west right of way line of Viotis Drive, a distance of 145 feet to the place of beginning. Containing approximately 0.4848 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 a retail automotive parts store with distribution facility, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the following:
1. In conjunction with the final Site Compliance Plan, applicant shall deed 60 feet of right of way from the centerline of West Broad Street to the City of Columbus.
2. Headlight screening meeting the standards of Section 3312.21(D), Landscaping and Screening, as modified by variance to permit the width of the headlight screening landscaped are to be two (2) feet wide rather than four (4) feet wide, shall be shown along the West Broad Street frontage of the site on the final Site Compliance Plan, and shall be installed at the site prior to the Certificate of Occupancy being issued for alterations to the building for use as a retail automotive parts store with distribution facility.
3. Parking lot screening along the south property line shall meet the screening standard of Section 3312.21(D), Landscaping and Screening. The existing plant material and fence, augmented as needed, may be used to meet the screening standard.
4. A minimum of 4,000 square feet of the building shall be used for a retail automotive parts store. Applicant shall document the retail store square footage and automotive parts distribution use on the final Site Compliance Plan.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy 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. 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 and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.