Explanation
Council Variance Application: CV19-122
APPLICANT: White Acres, LLC; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Contractor’s office and storage yard.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #0854-2020; Z19-086) to the L-M-2, Limited Manufacturing District to permit a contractor’s office and storage yard. The applicant requests variances to interior and perimeter parking lot landscaping, parking setback line, striping and marking, access and circulation, required surface, wheel stop device, and open storage location and setbacks. These reduced development standards reflect existing conditions of the site, will not be carried forward if the site is redeveloped, and are therefore supportable by Staff.
Title
To grant a Variance from the provisions of Sections 3312.21, Landscaping and screening; 3312.27(2), Parking setback line; 3312.39, Striping and marking; 3312.41, Access and circulation; 3312.43, Required surface for parking; 3312.45, Wheel stop device; 3367.15(A,C,D,E), M-2 manufacturing district special provisions; and 3367.29, Storage, of the Columbus City Codes; for the property located at 5730 HAYDEN RUN RD. (43026), to permit reduced development standards for a contractor’s office and storage yard in the L-M-2, Limited Manufacturing District, and to repeal Ordinance #2734-2015, passed December 8, 2015 and to declare an emergency (Council Variance #CV19-122).
Body
WHEREAS, by application #CV19-122, the owner of property at 5730 HAYDEN RUN RD. (43026), requests a Council variance to permit reduced development standards concurrent with a rezoning request to the L-M-2, Limited Manufacturing District; and
WHEREAS, Section 3312.21, Landscaping and screening, requires landscaping to be provided both inside and on the perimeter of a parking lot while the applicant proposes to maintain no interior or perimeter landscaping or screening; and
WHEREAS, Section 3312.27(2), Parking setback line, requires a minimum 25 foot parking setback line, while the applicant proposes to maintain a 0 foot parking setback line for the existing parking lot along Hayden Run Road; and
WHEREAS, Section 3312.39, Striping and marking, requires parking spaces to be striped, while the applicant proposes to maintain no striping or marking; and
WHEREAS, Section 3312.41, Access and circulation, requires pedestrian sidewalks or striped crosswalks to be provided from buildings to public sidewalk systems, while the applicant proposes to maintain a gravel parking area with no pedestrian sidewalks or striped crosswalks; and
WHEREAS, Section 3312.43, Required surface for parking, requires the surface of any parking or loading space, parking lot, aisle or driveway be designed to control storm water runoff and be improved with Portland cement, or other approved hard surface other than gravel or loose fill, while the applicant proposes to maintain the existing gravel parking lot as shown on the submitted site plan; and
WHEREAS, Section 3312.45, Wheel stop devices, requires wheel stop devices whenever a parking lot extends to a property line, planter strip, building, or sidewalk that is less than 6 feet wide, while the applicant proposes to maintain a gravel parking lot with no wheel stop devices; and
WHEREAS, 3367.15(A)(D), M-2, manufacturing district special provisions, requires a minimum 50 foot landscaped parking and building setback, and that open or unenclosed storage of materials and equipment be located only in the rear yard, while the applicant proposes to maintain a 15 foot building setback, a 0 foot parking setback, no ground cover or shrubbery, and open storage of equipment in the side yard, as shown on the submitted site plan; and
WHEREAS, Section 3367.29, Storage, requires the open storage of materials to be located within the rear yard, a minimum of 100 feet from any residential or apartment residential district, a minimum of 25 feet from lot lines, and at least 200 feet from the centerline of a major thoroughfare (80 feet or more of right-of-way), while the applicant proposes an outside storage area in advance of the rear yard, within 0 feet of residential districts, within 0 feet of lot lines, and 35 feet from the centerline of Hayden Run Road which equates to a 0 foot setback from the right-of-way line, as shown on the submitted site plan; and
WHEREAS, the City Departments recommend approval because the requested variances will allow the applicant to conform existing conditions on site, and will not be carried forward if the site is redeveloped; and
WHEREAS, this 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 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 5730 HAYDEN RUN RD. (43026), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to permit the tenant to move its equipment to the site before major road construction season begins per Jeffrey L. Brown, 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 3312.21, Landscaping and screening; 3312.27(2), Parking setback line; 3312.39, Striping and marking; 3312.41, Access and circulation; 3312.43, Required surface for parking; 3312.45, Wheel stop device; 3367.15(A,C,D,E), M-2 manufacturing district special provisions; and 3367.29, Storage, of the Columbus City Codes, is hereby granted for the property located at 5730 HAYDEN RUN RD. (43026), insofar as said sections prohibit no interior and perimeter landscaping and screening; reduced parking setback line from 25 feet to 0 feet along Hayden Run Road; no striping and marking; no pedestrian sidewalks or striped crosswalks to be provided from buildings to public sidewalk systems; gravel surface for parking and maneuvering; no wheel stop devices; reduced building setback of 15 feet and reduced parking setback of 0 feet without landscaping; open storage in advance of the rear yard; reduced open storage setback along a residential district from 100 feet to 0 feet; reduced open storage setback from a lot line from 25 feet to 0 feet; and reduced storage setback from the centerline of Hayden Run Road from 200 feet to 35 feet (0 feet from the right-of-way lines), said property being more particularly described as follows:
5730 HAYDEN RUN RD. (43026), being 3.36± acres located on the north side of Hayden Run Road, 580± feet east of Avery Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey Number 3012, also being the remainder of a 9.992 acre tract as conveyed to White Acres, LLC in Instrument Number 201504150048407 being more particularly described as follows;
Commencing at Franklin County Geodetic Survey Monument 2221 found at centerline of right of way of Avery Road (R/W Varies) and Hayden Run Road (R/W Varies), being on the South line of Washington Township and the north line of Norwich Township, also being in the east line of Virginia Military Survey Number 3453 and the west line of Virginia Military Survey Number 3012;
Thence with the centerline of Hayden Run Road, the south line of Washington Township and the north line of Norwich Township, N 74° 23' 31" E, 615.68+/- feet to an angle point in the easterly railroad right of way line of a property owned by New York Central Lines LLC, Segment F (Line Code 8122) in Instrument Number 200212180325201 and being the southwest corner of a 0.390 acre tract (4-WD1) as conveyed to Franklin County Commissioners in Instrument Number 200504250076428;
Thence with said easterly railroad right of way line and the west line of said 0.390 acre tract, N 39° 16' 05" W, 32.75+/- feet to the northwest corner of said 0.390 acre tract, the southwest corner of the remainder of said 9.992 acre tract, being the intersection of the northerly right of way line of Hayden Run Road and said easterly railroad right of way line, and also being the TRUE POINT OF BEGINNING for the land herein described as follows;
Thence with the west line of the remainder of said 9.992 acre tract and said easterly railroad right of way line, N 39° 16' 05" W, 206.48+/- feet to the northwest corner of the remainder of said 9.992 acre tract and the southwest corner of a 7.028 acre tract as conveyed to Havery Run, LLC in Instrument Number 201809190127001;
Thence the following seven (7) courses along the north line of the remainder of said 9.992 acre tract, the south line of said 7.028 acre tract and with the meanders of the centerline of Hayden Run ditch:
1. N 33° 26' 16" E, 40.52+/- feet;
2. N 59° 03' 59" E, 59.21+/- feet;
3. N 80° 33' 01" E, 79.33+/- feet;
4. N 72° 21' 49" E, 146.56+/- feet;
5. N 84° 34' 23" E, 54.18+/- feet;
6. N 67° 05' 30" E, 126.34+/- feet;
7. N 43° 39' 51" E, 46.83+/- feet;
8. N 54° 00' 39" E, 128.67+/- feet to the northeast corner of the remainder of said 9.992 acre tract, the northwest corner of the remainder of a 5.402 acre tract as conveyed to Tim A. White in Instrument Number 200409140214881, and being an angle point in the south line of said 7.028 acre tract;
Thence with the east line of the remainder of said 9.992 acre tract and the west line of the remainder of said 5.402 acre tract, S 16° 07' 17" E, 303.24+/- feet to the southeast corner of the remainder of said 9.992 acre tract, the southwest corner of the remainder of said 5.402 acre tract, the northeast corner of said 0.390 acre tract, and being in the northerly right of way line of Hayden Run Road;
Thence with the south line of the remainder of said 9.992, the north line of said 0.390 acre tract and the northerly right of way line of Hayden Run Road, S 74° 23' 31" W, 572.41+/- feet to the TRUE POINT OF BEGINNING, containing 3.36+/- acres, more or less.
Parcel Number: 010-293805
Property Address: 5730 Hayden Run Rd., Columbus, OH 43026
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a contractor’s office and storage yard in accordance with the attached site plan. Variances do not apply to future redevelopment of the site with other uses specified by Ordinance #0854-2020 (Z19-086).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “ZONING EXHIBIT FOR WHITE ACRES LLC” dated March 13, 2020, and signed by Jeffrey L. Brown, Attorney for the Applicant. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
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.
SECTION 6. That Ordinance #2734-2015, passed December 8, 2015, be and is hereby repealed.