Explanation
Council Variance Application: CV21-106
APPLICANT: Tucker Bear Capital, LLC; c/o Jon Stevenson, Atty.; 100 South 4th Street; Columbus, OH 43215.
PROPOSED USE: Industrial or commercial development.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #0366-2022; Z21-049) to the L-M, Limited Manufacturing District for a new industrial development with limited commercial uses on two subareas. The requested Council concurrent variance includes variances to permit maneuvering areas, parking spaces, and loading spaces to be divided by parcel lines. The requested variances are supportable as they result from parcels not being able to be combined due to different taxing districts.
Title
To grant a Variance from the provisions of Sections 3312.03(D), Administrative requirements; 3312.25, Maneuvering; 3312.29, Parking space; and 3312.51(1)(2), Loading space, of the Columbus City Codes; for the property located at 2189 STELZER RD. (43219), to permit reduced development standards for an industrial and commercial development in the L-M, Limited Manufacturing District (Council Variance #CV21-106).
Body
WHEREAS, by application #CV21-106, the owner of property at 2189 STELZER RD. (43219), requests a Council variance to permit reduced development standards concurrent with a rezoning request to the L-M, Limited Manufacturing District; and
WHEREAS, Section 3312.03(D), Administrative requirements, requires parking spaces to be provided on the same lot as the use they are intended to serve, while the applicant proposes compliant parking that may be divided by parcel lines, resulting in required parking that may not be on the same lot as the building(s) which they will serve; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes maneuvering over parcel lines, but with the required maneuvering area being provided; and
WHEREAS, 3312.29, Parking space, requires 90 degree parking spaces to be no less than 9 feet wide by 18 feet deep, while the applicant proposes parking spaces that are divided by parcel lines, but with the overall parking space meeting the required dimensions; and
WHEREAS, Section 3312.51(1)(2), Loading space, requires loading spaces to be on the same lot as the use they are intended to serve with minimum dimensions of not less than 12 feet in width and 50 feet in length, exclusive of any driveway, aisle, or other circulation area, while the applicant proposes to permit loading spaces to be divided by parcel lines or to be on separate parcels than the buildings they will serve within the development, but with the overall loading spaces meeting the required dimensions and maneuvering area, and the required minimum number of loading spaces being provided; and
WHEREAS, the Northeast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances result from parcels not being able to be combined due to different taxing districts; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 2189 STELZER RD. (43219), 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 3312.03(D), Administrative requirements; 3312.25, Maneuvering; 3312.29, Parking space; and 3312.51(1)(2), Loading space, of the Columbus City Codes, is hereby granted for the property located at 2189 STELZER RD. (43219), insofar as said sections prohibit maneuvering areas, parking spaces, and loading spaces to be divided by parcel lines, with required parking and loading spaces not occurring on the same parcels as the uses they are intended to serve within the subject site, subject to the required maneuvering area, parking space dimensions, minimum number of parking spaces, loading space dimensions, and minimum number of loading spaces being provided; said property being more particularly described as follows:
2189 STELZER RD. (43219), being 28.36± acres located on the west side of Stelzer Road, 523± feet north of Citygate Drive, and being more particularly described as follows:
SUBAREA A
ZONING DESCRIPTION OF
15.92 ACRES
Situate in the State of Ohio, County of Franklin, Township of Mifflin and City of Columbus, lying in Quarter Township 1, Township 1, Range 17, United States Military District, being all of the remainder of that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202011060176332, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202010220164982, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number
202010190161557, that 2.707 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 202010220164984, and part of the remainder of that 12.861 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number
201907310095236, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING in the westerly right-of-way line of Stelzer Road, at the common corner of the remainder of said 2.707 acre tract (I.N. 202011060176332) and that 4.07 acre tract conveyed to Naim Stelzer Road LLC by deed of record in Instrument Number 201704190052755;
Thence South 03° 33' 01" West, with said westerly right-of-way line, the easterly line of the remainder of said Tucker Bear Capital tracts, a distance of 618.88 feet to a point;
Thence North 86° 18' 39" West, across said 12.861 acre tract, a distance of 1120.59 feet to a point in the easterly line of that 10.321 acre tract conveyed to Trustees Agler Rd Parcel #2 by deed of record in Instrument Number 201008230108139;
Thence North 03° 35' 31" East, with the westerly line of said Tucker Bear Capital tracts, the easterly line of said 10.321 acre tract, a distance of 618.83 feet to a point at the southwesterly corner of that 5 acre tract conveyed to Trustees Agler Rd Parcel #3 by deed of record in Instrument Number 201008190106494;
Thence South 86° 18' 48" East, with the northerly line of said 2.707 acre tract (I.N.
202011060176332), the southerly line of said 5 and 4.07 acre tracts, a distance of 1120.14 feet to the POINT OF BEGINNING, containing 15.917 acres, more or less.
SUBAREA B
ZONING DESCRIPTION OF
12.44 ACRES
Situate in the State of Ohio, County of Franklin, Township of Mifflin and City of Columbus, lying in Quarter Township 1, Township 1, Range 17, United States Military District, being part of the remainder of that 12.861 acre tract conveyed to Tucker Bear Capital LLC by deed of record in Instrument Number 201907310095236, and all of the remainder of that 2.707 acre tract conveyed as Parcel 1 and 2.707 acre tract conveyed as Parcel 2 to Tucker Bear Capital LLC by deed of record in Instrument Number 202010120156737, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING in the westerly right-of-way line of Stelzer Road at the common corner of the remainder of said 2.707 acre tract (Parcel 1) and that 5.114 acre tract conveyed to Educational Service Center of Central Ohio by deed of record in Instrument Number
201001290011699;
Thence North 86° 20' 17" West, with the line common to said 2.707 acre tract (Parcel 1) and said 5.114 acre tract, a distance of 1120.94 feet to a point in the easterly line of that 11.689 acre tract conveyed to AREPIII AP Citygate, LLC by deed of record in Instrument Number
202102250035612;
Thence North 03° 35' 31" East, with the westerly line of said Tucker Bear Capital tracts, the easterly line of said 11.689 acre tract and that 10.321 acre tract conveyed to Trustees Agler Rd Parcel #2 by deed of record in Instrument Number 201008230108139, a distance of 481.35 feet to a point;
Thence South 86° 18' 39" East, across said 12.861 acre tract, a distance of 1120.59 feet to a point in said westerly right-of-way line;
Thence South 03° 33' 01" West, with said westerly right-of-way line, the easterly line of the remainder of said Tucker Bear Capital tracts, a distance of 480.82 feet to the POINT OF BEGINNING, containing 12.44 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 those uses as permitted by the L-M Limited Manufacturing District as specified by Ordinance #0366-2022 (Z21-049).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.