Explanation
Council Variance Application: CV26-077
APPLICANT: Civil & Environmental Consultants, Inc; c/o Jeffrey Hart; 8800 Lyra Drive, Suite 300; Columbus, OH 43240.
PROPOSED USE: Temporary lay-down yard.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 7.65± acre site consists of two parcels previously developed with commercial uses and currently contains existing paved parking areas and remnants of concrete building foundations from prior development, zoned in the CAC, Community Activity Center District. The requested Council variance will allow a temporary lay-down yard for a Columbia Gas infrastructure project at this location, which is not allowed in the CAC district. The site is located within the planning area of the Columbus Growth Strategy (2026), which recommends “Mixed Use 2” land uses at this location. Staff supports the proposal as the lay-down yard will be time-limited, and includes commitments to store all materials and smaller equipment within portable storage containers with a screening fence along the site perimeter.
Title
To grant a Variance from the provisions of Section 34.E.20.100.A, Uses, Use Table; of the Columbus City Codes, for the property located at 4480 GROVES RD. (43232), to allow a temporary lay-down yard in the CAC, Community Activity Center District (Council Variance #CV26-077).
Body
WHEREAS, by application #CV26-077, the owner of property at 4480 GROVES RD. (43232), is requesting a Council Variance to allow a temporary lay-down yard in the CAC, Community Activity Center District; and
WHEREAS, Section 34.E.20.100.A, Uses, Use Table, does not allow for a temporary lay-down yard, while the applicant proposes to use the site for a temporary lay-down yard, as shown on the submitted site plan; and
WHEREAS, the Greater South East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested Council variance to allow a temporary lay-down yard in the CAC, Community Activity Center District, which will be limited in time to four years, and includes commitments for equipment to be stored within storage containers with additional perimeter screening; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the proposed lay-down yard; 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 4480 GROVES RD. (43232), 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 Section 34.E.20.100.A, Uses, Use Table, of the Columbus City Codes, is hereby granted for the property located at 4480 GROVES RD. (43232), insofar as said section prohibits a temporary lay-down yard in the CAC, Community Activity Center District, said property being more particularly described as follows:
4480 GROVES RD. (43232), being 7.65± acres located at the northeast corner of Groves Road and South Hamilton Road, and being more particularly described as follows:
Real property in the City of Columbus, County of Franklin, State of Ohio, described as follows:
Parcel One:
Situated at 2124 and 2145 S. Hamilton Rd. in the City of Columbus, County of Franklin, State of Ohio, described as follows:
Situate in the City of Columbus, County of Franklin, State of Ohio, in Section 1, Township 12, Range 21, Refugee Lands, being all of the tract conveyed to Pacific Ohio Partners, as shown of record in Official Record Volume 3262, Page B19 of Franklin County Records, and being more particularly described as follows:
Beginning at a set P.K. Nail in the centerline of Groves Road (60 feet wide) at a Southwest corner of said Pacific Ohio Partners tract and the Southeast corner of the Court Realty Limited Partnership 1.252 acre tract (Official Record Volume 8763, Page A09);
Thence along a West line of said Pacific Ohio Partners tract (East line of said 1.252 acre tract), North 02 deg. 09' 17" East, 255.00 feet to a set iron pipe at the Northeast corner of said 1.252 acre tract;
Thence along a South line of said Pacific Ohio Partners tract (North line of said 1.252 acre tract), North 87 deg. 21'37" West, 199.94 feet to a found iron pipe at a Southwest corner of said Pacific Ohio Partners tract, Northwest corner of said 1.252 acre tract and the Southeast corner of the State of Ohio 0.252 acre tract (Book 2642, Page 437), (Service Road "B");
Thence along a West line of said Pacific Ohio Partners tract (East line of said 0.252 acre tract and part of an East line of said Service Road "B"), North 02 deg. 09' 17" East, 288.57 feet to a set iron pipe at the Northwest corner of said Pacific Ohio Partners tract, Northeast corner of said 0.252 acre tract and the Southwest corner of the Metric Partners Growth Suite Investors L. P. 2.723 acre tract (Official Record Volume 11771, Page D10);
Thence along the North line of said Pacific Ohio Partners tract (South line of said 2.723 acre tract), South 86 deg. 49' 38" East, 790,17 feet to a found pinch top iron pipe at the Northeast corner of said Pacific Ohio Partners tract, Southeast corner of said 2.723 acre tract and in the West line of the Coca-Cola Bottling Company of Ohio 21.006 acre tract (Book 3587, Page 145);
Thence along the East line of said Pacific Ohio Partners tract (part of the West line of said 21.006 acre tract), South 02 deg. 28' 08" West, 536.20 feet to a set P.K. Nail in the centerline of said Groves Road at the Southeast corner of said Pacific Ohio Partners tract and the Southwest corner of said 21.006 acre tract (passing a set iron pipe at 506.20 feet);
Thence along said centerline of Groves Road and a South line of said Pacific Ohio Partners tract, North 87 deg. 21'37" West, 587.20 feet to the Point of Beginning.
Less and Except the following lands conveyed to the City of Columbus by deed of record in Instrument Number 201903260033971:
Situated in Half Section 36, Township 12, Range 21 of the Refugee Lands within the City of Columbus, County of Franklin, and the State of Ohio and being part of 5.567 acre tract and a 3.036 acre tract as described as an 8.603 acre consolidated tract in a deed to CCBCC Operations, LLC, a Delaware limited liability company in Instrument Number 201704060046602 (all records are on file at the Recorder's Office, Franklin County, Ohio), said parcel being more fully described as follows:
Commencing at a standard highway monument set at the intersection of the centerline of survey of Hamilton Road (S.R. 317) and centerline of survey of Groves Road (C. R. 212), said monument being the Northeasterly corner of Half Section 50, the Northwesterly corner of Half Section 49, the Southeasterly corner of Half Section 35, the Southwesterly corner of Half Section 36, Township 12, Range 21 of the Refugee Lands, said monument having a station of 63+52.59 Hamilton Road and 107+00.00 Groves Road as shown in FRA-SR317-10.63 Right of way plans prepared by MS Consultants, Inc. for the City of Columbus, Franklin County, Ohio;
Thence South 85° 32' 20" East, following the centerline of Groves Road, the Southerly line of Half Section 36, and the Northerly line of Half Section 49, for a distance of 320.39 feet to a Survey Mag Nail Set at the Southwesterly corner of said 5.567 acre tract, the Southeasterly corner of a 1.102 acre tract as described in a deed to 2150 Investment Co. in O.R.V. 15767 I-19, having a Station of 110+20.39~0,.00'Rt. and being the True Place of Beginning of the parcel here in described;
Thence North 04° 03' 42" East, following along the Westerly line of said 5.567 acre tract and the Easterly line of said 1.102 acre tract a distance of 255.09 feet to an iron pin set at the common comer of said 5.567 acre tract with the Northeasterly corner of the said 1.102 acre tract;
Thence North 85° 32' 20" West, following a common line of said 5.567 acre tract with the Northerly line of said 1.102 acre tract, for a distance of 199.94 feet to an iron pin set on the Easterly right of way for Service Road East of Hamilton Road, being a common corner of said 5.567 acre tract with the Northwesterly corner of said 1.102 acre tract and also being on the Southeasterly corner of Parcel 65-WD as described in a deed to the State of Ohio in Deed Book 2642 Page 437 and as shown in FRA-40- 18.69(317-2.05) right of way plans;
Thence North 03° 59' 16" East, following along the Easterly right of way of Service Road East and the Westerly line of said 5.567 acre tract, for a distance of 85.82 feet to an iron pin set;
Thence passing through said 5.567 acre and 3.036 acre tracts for the following nine (9) courses and distances;
1, On a curve with a 60.00 ft. radius to the left, a central angle of 69° 48' 20", with a chord bearing of South 50° 25' 07" East, a chord length of 68.66 feet for an arc length of 73.10 feet to an iron pin set;
2. Thence South 85° 19' 17" East a distance of 113.43 feet to an iron pin set;
3. On a curve with a 51.50 ft. radius to the left, a central angle of 32° 07' 17", with a chord bearing of North 78° 37' 05" East, a chord length of 28.50 feet, for an arc length of 28.87 feet to an iron pin set;
4, On a curve with a 48.50 ft. radius to the right, a central angle of 153° 36' 27", with a chord bearing of South 40° 38' 20" East, a chord length of 94.44 feet, for an arc length of 130.03 feet to an iron pin set;
5. On a curve with a 51.50 ft. radius to the left, a central angle of 32° 07' 17", with a chord bearing of South 20° 06' 15" West, a chord length of 28.50 feet, for an arc length of 28.87 feet to an iron pin set;
6. Thence South 04° 02' 36" West a distance of 150.76 feet to an iron pin set;
7. Thence South 81° 26' 42" East a distance of 194,54 feet to an iron pin set;
8. Thence South 85° 32' 20" East a distance of 123.92 feet to an iron pin set;
9. Thence South 71° 38' 34" East a distance of 83,28 feet to an iron pin set on the Northerly right of way line of said Groves Road;
Thence South 85° 32' 20" East, following the Northerly right of way line of Groves Road and continuing through said 3.036 acre tract, for a distance of 133.73 feet to 3/4" iron pipe found on the Easterly line of said 3.036 acre tract and the Westerly line of a 21.006 acre tract as described in a deed to CCBCC Operation, LLC in Instrument number 201704060046604;
Thence South 04° 20' 50" West, following the Easterly line of said 3.036 acre tract and the Westerly line of said 21.006 acre tract, for a distance of 30.00 feet to a Survey Mag Nail Set at the Southeasterly corner of said 3.036 acre tract, the Southwesterly corner of 21.006 acre tract and being on the centerline of Groves Road;
Thence North 85° 32' 20" West, following the centerline of Groves Road and the Southerly line of said 3.036 acre and then the Southerly line of said 5.567 acre tract a distance of 587.49 feet to the True Point of Beginning, and containing within said bounds 52,482 square feet or 1.2048 acres of land, more or less.
Parcel Acreage Breakdown:
Franklin County Auditor Number 010-041657: Gross Take = 1.0005 acres PRO = 0.2341 acres Net Take = 0.7664 acres
Franklin County Auditor Number 010-118422: Gross take = 0.2043 acres
PARCEL 1
PRO = 0.1706 acres ALL OF Net Take = 0.0337 acres (010)118422 All iron pin(s) set in the description above are 5/8" x 30" rebar with a yellow plastic cap stamped 4 "MS CONS INC". & The bearings for this description are based on the Ohio State Plane Coordinate System, South 041657 Zone, North American Datum 1983 (2011). With an established bearing of North 4° 22' 11" East between a monument set at the intersection of Refugee Rd. (C.R. 14) and Hamilton Rd. (S.R.317) at Sta. 10+00.00 as shown in FRA-SR317-10.63 right of way plans prepared by MS Consultants, Inc, for the City of Columbus, Franklin County, Ohio and a monument set at the intersection of Groves Rd. and Hamilton Rd. (S.R. 317) Sta. 63+52.59 as shown in said right of way plans with a distance of 5352.59' between them. The above description was prepared by MS Consultants, Inc. from an actual field survey (2014-2017) and existing records.
Parcel Two:
Situated at 4500 Groves Rd. in the City of Columbus, County of Franklin, State of Ohio, described as follows:
And known as being in Section 21, Township 12, Refugee Lands, being 21.006 acres of land out of that 107.507 acre tract of land conveyed to Lloyd C. Wetzel, Jr., and Miriam H. Wetzel by deed of record in Deed Book 1270, Page 234, Recorder's Office, Franklin County, Ohio, said 21.006 acres more particularly described as follows:
Beginning at a point in the centerline of Groves Road, the Southerly line of said 107.507 acre tract, said point being located, South 87 deg. 05' 30" East, a distance of 907.37 feet from the centerline intersection of said Groves Road with the centerline of Hamilton Road, the Southwesterly corner of said 107.507 acre tract;
Thence North 02 deg. 47' 45" East, crossing said 107.507 acre tract, with the Easterly line of that 3,125 acre tract of land conveyed to F,. W. Sloter, Inc., by deed of record in Deed Book 2399, Page 561 and the Easterly line of that 2.25 acre tract of land conveyed to Cardinal Industries, Inc., by deed of record in Deed Book 2509, Page 165, both of record in Recorder's Office, Franklin County, Ohio, a distance of 1286.23 feet to an iron pin in the Southerly right-of-way line of N.Y.C, Railroad, the Northerly line of said 107.507 acre tract;
Thence South 86 deg. 33' 45" East with the Southerly right-of-way of said N.Y.C. Railroad, the Northerly line of said 107.507 acre tract, a distance of 713.28 feet to an iron pin;
Thence South 02 deg. 47' 45" West, crossing said 107.507 acre tract, a distance of 1279.64 feet to a point in the centerline of said Groves Road, the Southerly line of said 107.507 acre tract;
Thence North 87 deg. 05' 30" West, with the centerline of said Groves Road, the Southerly line of said 107.507 acre tract, a distance of 713.25 feet to the point of beginning.
Containing 21.006 acres of land more or less,
PARCEL 2 Being the same property acquired by Grantor (i) as to Parcel One: by Limited Warranty Deed
ALL OF (010) 038040 dated March 31, 2017, and recorded April 6, 2017, as Instrument No. 201704060046602, Recorder's Office, Franklin County, Ohio (less and except lands conveyed to the City of Columbus, Ohio, a municipal corporation, by Limited Warranty Deed dated March 22, 2019, and recorded March 26, 2019, as Instrument No. 201903260033971, Recorder's Office, Franklin County, Ohio), and (ii) as to Parcel Two: by Limited Warranty Deed dated March 31, 2017, and recorded April 6, 2017, as Instrument No. 201704060046604, Recorder's Office, Franklin County, Ohio.
Exhibit B Permitted Exceptions
1. Article of Agreement by and between Caleb L, McKee, Rebecca McKee Taylor, Henry C. Taylor, M.R. Patterson, Bertha B. Patterson, Marion Johnson, and Mattie Johnson, dated September 28, 1903, and recorded February 17, 1904, in Miscellaneous Volume 3, Page 465, Recorder's Office, Franklin County, Ohio.
2. Easement from Coca-Cola Bottling Company of Ohio to Columbus and Southern Ohio Electric Company, dated April 6, 1967, and recorded April 17, 1967, in Deed Book 2802, Page 337, Recorder's Office, Franklin County, Ohio.
3. Right of Way from Coca-Cola Bottling Company of Ohio to Columbia Gas of Ohio, Inc., dated May 26, 1967, and recorded July 11, 1967, in Deed Book 2823, Page 421, Recorder's Office, Franklin County, Ohio.
4. Easement from Canners for Coca-Cola Bottles, Inc., a Georgia corporation, to Columbus and Southern Ohio Electric Company, dated December 22, 1969, and recorded January 20, 1970, in Deed Book 3034, Page 588, Recorder's Office, Franklin County, Ohio.
5. Easement Agreement from Coca-Cola Bottling Company of Ohio, a Division of Coca-Cola Bottling Company of Michigan, to Gaudreau-Brasted Properties, a Kansas general partnership, dated December 9, 1985, and recorded December 11, 1985, in Official Record Volume 6687, Page H01, Recorder's Office,
Franklin County, Ohio.
6. Deed of Easement from Coca-Cola Bottling Company of Northern Ohio (formerly Coca-Cola Bottling Company of Ohio), a Delaware corporation, to The City of Columbus, Ohio, a municipal corporation, dated May 13, 1991, and recorded May 14, 1991, in Official Record Volume 16934, Page J08, Recorder's
Office, Franklin County, Ohio.
7. Deed of Easement from Coca-Cola Bottling Company of Ohio, now known as The Coca-Cola Bottling Company of Northern Ohio, a Delaware corporation, to The City of Columbus, Ohio, a municipal corporation, dated November 9, 1994, and recorded May 24, 1995, in Official Record Volume 29134, Page C12, Recorder's Office, Franklin County, Ohio.
8. Easement and Right of Way from CCBCC Operations, LLC, a Delaware limited liability company, to Ohio Power Company, an Ohio corporation, dated November 12, 2024, and recorded November 22, 2024, as Instrument No. 202411220123270, Recorder's Office, Franklin County, Ohio.
9. Easement from Rebecca McKee Taylor, executor, Rebecca McKee Taylor, Livingston L. Taylor, and The Shady Lane Farms Co., to The Columbus Gas & Fuel Company, dated March 24, 1930, and recorded May 9, 1930, in Deed Book 945, Page 32, Recorder's Office, Franklin County, Ohio.
Assignment from The Ohio Fuel Gas Company, an Ohio corporation, to Columbia Gas of Ohio, Inc., an Ohio corporation, dated December 31, 1963, and recorded March 24, 1964, in Deed Book 2548, Page 90, Recorder's Office, Franklin County, Ohio.
Partial Release of Right of Way Easements from Columbia Gas of Ohio, Inc., an Ohio corporation, to Irving E. Schottenstein, dated April 14, 1967, and recorded April 20, 1967, in Deed Book 2803, Page 371, Recorder's Office, Franklin County, Ohio.
Right of Way from Hamilton-Groves, Inc., to Columbia Gas of Ohio, Inc., dated August 17, 1967, and recorded December 26, 1967, in Deed Book 2864, Page 668, Recorder's Office, Franklin County, Ohio.,
Easement from Warren K. Ornstein, Agent, to the Columbus and Southern Ohio Electric Company, dated September 18, 1969, and recorded October 21, 1969, in Deed Book 3018, Page 9, Recorder's Office, Franklin County, Ohio.
Easement from Pacific Ohio Partners to The Ohio Bell Telephone Company, dated October 23, 1987, and recorded November 5, 1987, in Official Record Volume 10725, Page F19, Recorder's Office, Franklin County, Ohio.
Easement from CCBCC Operations, LLC, a Delaware limited liability company, to Columbia Gas of Ohio, Inc., dated April 30, 2020, and recorded May 29, 2020, as Instrument No. 202005290074535, Recorder's Office, Franklin County, Ohio.
Easement and Right of Way from CCBCC Operations, LLC, a Delaware limited liability company, to Ohio Power Company, an Ohio corporation, a unit of American Electric Power, dated November 12, 2024, and recorded November 22, 2024, as Instrument No. 202411220123268, Recorder's Office, Franklin County, Ohio.
Easement and Right of Way from CCBCC Operations, LLC, a Delaware limited liability company, to Ohio Power Company, an Ohio corporation, a unit of American Electric Power, dated November 12, 2024, and recorded November 22, 2024, as Instrument No. 202411220123269, Recorder's Office, Franklin County, Ohio.
Address: 4480 Groves Road, Columbus, OH 43232
Parcel Numbers: 010-041657 & 010-118422
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a temporary lay-down yard, or those uses permitted in the CAC, Community Activity Center District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan drawing titled, "SITE LAYOUT PLAN," dated October 19, 2026, and signed by Jared Faulkner, Project Manager 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 adjustment to the plan shall be reviewed and may be approved 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 Zoning Clearance for the proposed lay-down yard.
SECTION 5. That this ordinance is further conditioned upon the following: The variance shall expire four years after the issuance of Zoning Clearance, and all components of the lay-down yard shall be removed upon expiration.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.