Explanation
Council Variance Application: CV17-003
APPLICANT: Gabriel Obeng-Agyekum; 9152 Quantum Square Drive; Columbus, OH 43240.
PROPOSED USE: Truck repair and truck parking.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of an undeveloped parcel in the M-2, Manufacturing District. The requested Council variance will permit truck repair and truck parking on the site. A Council variance is necessary because the M-2, District does not allow truck repairs to serve more than just fleet trucks, nor does it permit a parking lot for trucks. Also requested are variances to eliminate parking lot trees and to reduce the parking setback to ten feet. The site is within the planning area of the Trabue/Roberts Area Plan (2011), which recommends employment center land uses at this location. Staff supports the request as the proposed use is consistent with other trucking uses in this area, and the site plan includes landscaping and screening standards consistent with the Plan recommendations which offsets the variance to eliminate the parking lot trees.
Title
To grant a variance from the provisions of Sections 3367.01, M-2, manufacturing district; 3312.21(A), Landscaping and screening; and 3367.15(C)(D), M-2, manufacturing district special provisions, of the Columbus City Codes; for the property located at 1640 WESTBELT DRIVE (43228), to permit truck repair and parking with a reduced parking setback line and landscaping requirements in the M-2, Manufacturing District (Council Variance # CV17-003).
Body
WHEREAS, by application No. CV17-003, the owner of property at 1640 WESTBELT DRIVE (43228), is requesting a Council variance to permit truck repair with a reduced parking setback line and landscaping requirements in the M-2, Manufacturing District; and
WHEREAS, 3367.01, M-2, manufacturing district, prohibits truck repair and truck parking, while the applicant proposes to repair fleet trucks as well as private trucks on the site and proposes a truck parking lot; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing ten (10) or more parking spaces to provide one deciduous tree per ten spaces, or two trees total for fifteen parking spaces, while the applicant proposes no trees within the parking lot interior, but instead will provide two trees on the exterior boundaries of the parking lot; and
WHEREAS, 3367.15(C)(D), M-2, manufacturing district special provisions, requires that no portion of the required 50-foot buffer shall be used for either off-street parking or maneuvering, while the applicant proposes a ten foot parking and maneuvering setback; and
WHEREAS, City Departments recommend approval because the requested Council variance for the truck repair and truck parking uses and reduced development standards as they are consistent with other trucking uses in the area, and the site plan includes landscaping and screening standards consistent with the Plan recommendations which offsets the variance to eliminate the parking lot trees; 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 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 owner of the property located at 1640 WESTBELT DRIVE (43228), in using said property as desired; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3367.01, M-2, manufacturing district; 3312.21(A), Landscaping and screening; and 3367.15(C)(D), M-2, manufacturing district special provisions, of the Columbus City Codes; is hereby granted for the property located at 1640 WESTBELT DRIVE (43228), insofar as said section prohibits truck repair and truck parking in the M-2, Manufacturing District, with no parking lot trees, and a reduced parking setback from 50 feet to 10 feet along Westbelt Drive; said property being more particularly described as follows:
1640 WESTBELT DRIVE (43228), being 2.94± acres located on the east side of Westbelt Drive, 675± north of Trabue Road, and being more particularly described as follows:
Legal Description
2.942 Acre Parcel
Situated in the State of Ohio, County of Franklin, City of Columbus, Being located in Virginia Military Survey Number 2988 and being all of the 2.942 acre tract as conveyed to Gabriel Obeng-Agyekum and recorded in Instrument No. 201610120138347 of the Franklin County Recorder’s office and is bound and described as follows:
Beginning for reference at a pk found at the intersection of Westbelt Drive being 60 feet in width and Equity Drive being 50 feet in width as delineated in the Plat of Westbelt Business Park, Section 6 as recorded in Plat Book 57 Page 27.
Thence South 80°04’59” East a distance of 339.75 feet along the center line of Equity Drive to a point;
Thence South 10°09’13” West a distance of 25.00 feet to the southern right of way of Equity Drive and a 1-inch iron pipe found with a yellow cap and the northern line of a 11.336 Ac tract conveyed to Icon Owner Pool3 Midwest/Southeast LLC by instrument 201503170033117;
Thence North 80°57’56” West a distance of 7.85 feet to an mag nail set and the southern right of way of said Equity Drive and the PRINCIPLE PLACE OF BEGINNING of the parcel herein described;
Thence South 26°25’12” East a distance of 67.58 feet to a 1-inch iron pipe found with orange cap inscribed VHHA 6563, along the northwestern line of said 11.336 Ac tract conveyed to Icon Owner Pool3 Midwest/Southeast LLC by Instrument 201503170033117;
Thence South 63 34’48” West a distance of 153.98 feet to an iron pin set in the northwest corner of said 11.336 Ac tract conveyed to Icon Owner Pool3 Midwest/Southeast LLC;
Thence South 26°25’12” East a distance of 435.00 feet to a mag nail set and the west line of said 11.336 Ac tract conveyed to Icon Owner Pool3 Midwest/Southeast LLC;
Thence South 63°34’48” West a distance of 120.74 feet to a 1-inch iron pipe found with plastic cap in the eastern right of way of Westbelt Drive as dedicated in Plat Book 50 Pg 61;
Thence North 59°40’59” West a distance of 111.79 feet to a 1-inch iron pipe found along the easterly right of way of said Westbelt Drive;
Thence along a curve to the right having a radius of 420.00 feet, central angle of 64°24’05” a length of 472.08’ the cord bearing North 27°28’57” West and a chord distance of 447.62 feet to an iron pin set in the easterly right of way of said Westbelt Drive and the southwest corner a portion of railroad right of way as conveyed to Pennsylvania Lines LLC, Instrument No. 200212180325195, now known as Norfolk Southern Railway Company, successor by merger, Instrument No. 200710260186473;
Thence along a non-tangent curve to the left, having a radius of 472.28 feet, central angle of 11°17’58” a length of 93.14’ the cord bearing North 73°04’50” East and chord distance of 92.99 feet to an iron pin set in the southern right of way of a railroad;
Thence North 67°25’51” East a distance of 70.61 feet to an iron pin set in the southern railroad right of way;
Thence North 60°16’41” East a distance of 82.28 feet to an iron pin set in the southern railroad right of way;
Thence along a tangent curve to the left, having a radius of 512.06 feet, central angle of 6°40’40” a length of 59.68’ the cord bearing North 56°56’21” East and chord distance of 59.65 feet to an iron pin set in the southern railroad right of way and the southern right of way of said Equity Drive;
Thence South 80°05’32” East a distance of 50.61 feet along the southern right of way of Equity Drive to the northerly west corner of said 11.336 Ac tract conveyed to Icon Owner Pool3 Midwest/Southeast LLC and the PRINCIPLE PLACE OF BEGINNING containing 2.946 acres (128,153.52 square feet) of land as surveyed by Bemba K. Jones in December of 2016.
The above description was prepared by Bemba K Jones, P.S. #7343 in December 2016 and is based on existing records and an actual field survey performed by XYZ Professional Services LTD. in December 2016. A drawing of the above description is attached hereto and made a part hereof.
Iron pins set are 5/8'' diameter iron rebar 30’’ long with plastic cap inscribed BKJ 7343. Bearings are based on the Ohio State Plane Coordinate System NAD83, GEOID12A. A bearing of South 80° 04' 59'' East was observed and held for the centerline of right of way of Equity Drive.
All references used in this description can be found at the Recorder's Office Franklin County, Ohio unless otherwise noted.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for truck repair, or those uses permitted in the M-2, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “SITE SURVEY PLAN,” signed by Bemba K. Jones, Professional Surveyor for the Applicant, and dated December 16, 2016. 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 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.