Explanation
Council Variance Application: CV26-014
APPLICANT: Lowe’s Home Centers, LLC; c/o Todd Simmons, PE.; 209 West Stone Avenue; Greenville, SC 29609.
PROPOSED USE: Accessory outdoor storage.
WEST SCIOTO AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance #1294-2026; Z25-049) to the CPD, Commercial Planned Development District. The requested Council variance will allow accessory outdoor storage uses as part of the home improvement retail development. A Council variance is required because the CPD district allows C-4 uses, but does not allow outdoor storage, which is a manufacturing district use. Staff note that the outdoor storage uses are accessory to the existing retail business, are limited to the scope and scale as shown on the submitted site plan, and will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; and 3361.02, Permitted uses of the Columbus City Codes; for the property located at 3600 PARK MILL RUN DR. (43026), to allow for accessory outdoor storage in the CPD, Commercial Planned Development District (Council Variance #CV26-014).
Body
WHEREAS, by application #CV26-014, the owner of property at 3600 PARK MILL RUN DR. (43026), is requesting a Council variance to allow for accessory outdoor storage in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not allow storage uses in the C-4, Commercial District, while the applicant proposes to allow accessory outdoor storage, in conjunction with a large retail business, as shown on the submitted site plan; and
WHEREAS, Section 3361.02, Permitted uses, prohibits storage uses, including outdoor storage, while the applicant proposes accessory outdoor storage in conjunction with a home improvement retail establishment as shown on the submitted CPD plan included with Ordinance #1294-2026 (Z25-049); and
WHEREAS, the West Scioto Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance will allow outdoor storage uses that are accessory to the existing retail business, are limited to the scope and scale as shown on the submitted site plan, are not visible from public streets, and will not add an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the accessory outdoor storage; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 3600 PARK MILL RUN DR. (43026), 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 3356.03, C-4 permitted uses; and 3361.02, Permitted uses, of the Columbus City Codes; is hereby granted for the property located at 3600 PARK MILL RUN DR. (43026), insofar as said sections prohibit accessory storage uses in the C-4, Commercial District and the CPD, Commercial Planned Development District; said property being more particularly described as follows:
3600 PARK MILL RUN DR. (43026), being 12.56± acres located at the northwest corner of Spring Mill Drive and Fishinger Boulevard, and being more particularly described as follows:
Real property in the City of Columbus, County of Franklin, State of Ohio, described as follows:
Tract 1:
Description of 12.496 acres of land located between Interstate Route 1-270 and Fishinger Boulevard and North of Spring Mill Drive, in the City of Columbus, County of Franklin, State of Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 547 and containing 12.496 acres of land, more or less 3.187 acres of said 12.496 acres being in Parcel I as the same is designated and delineated upon the recorded plat of Mill Run Subdivision and Street & Easement Dedication Plat, of record in Plat Book 64, Pages 17 and 18 and 8.303 acres of said 12.496 acres being in Parcel D as the same is designated and delineated upon the recorded plat of Mill Run Subdivision and Street & Easement Dedication Plat Section 2, of record in Plat Book 64, Pages 38 and 39, 3.690 acres of said 12.496 acres being part of that 54.026 acre tract of land described in Exhibit A in the deed to Park Mill Run Limited Partnership, of record in Official Record 21461G11, all being of record in the Recorder's Office, Franklin County, Ohio, and 8.806 acres of said 12.496 acres being a part of that
30.676 acre tract of land described in Exhibit A in said deed to Park Mill Run Limited Partnership, said
12.496 acres of land being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Fishinger Road and Spring Mill Road, sixty feet in width, as said intersection is designated and delineated upon the plat of said Mill Run Subdivision Street & Easement Dedication Plat Section 2;
Thence S-55° 26' 55" W, with the centerline of said Spring Mill Run Drive, a distance of 199.77 feet to a point of curvature;
Thence N-34° 33' 05" W, a distance of 30.00 feet to a point of curvature in the Southerly boundary of said Parcel D, the same being a point of curvature in the Northerly right-of-way boundary of said Spring Mill Drive, said point also being a point of curvature in the Southerly boundary of said 30.676 acre tract;
Thence Southwestwardly, with a Northwesterly right-of-way line of said Spring Mill Drive, with a
Southeasterly line of said Parcel D and with a Southeasterly line of said 30.676 acre tract, the same being the arc of a curve to the right having a radius of 970.00 feet, a central angle of 5° 26' 10" and a chord that bears S-58° 10' 00" W, a chord distance of 92.00 feet to a 3/4-inch (I.D.) iron pipe at the true point of beginning;
Thence, from said true point of beginning, westwardly, with a Northerly right-of-way line of said Spring Mill Drive, with a Southerly line of said Parcel D and with a Southerly line of said 30.676 acre tract, the same being the arc of a curve to the right having a radius of 970.00 feet, a central angle of 21° 23' 46" and a chord that bears S-71° 34' 58" W, a chord distance of 360.13 feet to a 3/4-inch (I.D.) iron pipe at a point of tangency.
Thence S-82° 16' 51" W, with a Northerly right-of-way line of said Spring Mill Drive, with the Southerly line of said Parcel D, and with the Southerly line of said 30.676 acre tract, a distance of 100.77 feet to a 3/4 inch (I.D.) iron pipe at a point of curvature;
Thence Northwestwardly with the Northeasterly right-of-way line of said Spring Mill Drive, with a Southwesterly line of said Parcel D and with a Southwesterly line of said 30.676 acre tract, the same being the arc of a curve to the right having a radius of 40.00 feet, a central angle of 90° 00' 00" and a chord that bears N-52° 43' 09" W, a chord distance of 56.57 feet to a 3/4-inch (I.D.) iron pipe at a point of tangency, the same being a corner of said 30.676 acre tract, said iron pipe also being an angle point (Northeasterly corner) in the right-of-way boundary' of Mill Run Drive as the same is designated and delineated upon the recorded plat of the Vacation of Mill Run Drive and Dedication of Mill Run Drive and Easements, of record in Plat Book 77, Page 18, Recorder's Office, Franklin County, Ohio;
Thence S-82° 16' 51" W, with the Northerly right-of-way line of said Mill Run Drive, with a Southerly line of said 30.676 acre tract and with a Southerly line of said 54.026 acre tract, a distance of 60.00 feet to a 3/4-inch (I.D.) iron pipe at an angle point (Northwesterly corner) in the right-of-way boundary of said Mill
Run Drive, the same being in an easterly line of said Parcel I, said iron pipe also being a corner of said
54.026 acre tract;
Thence S-7° 43' 09" E, with a westerly right-of-way line of said Mill Run Drive, with an Easterly line of said Parcel I and with an Easterly line of said 54.026 acre tract, a distance of 40.00 feet to a 3/4-inch (I.D.) iron pipe at an angle point (Northeasterly corner) in the right-of-way boundary of Park Mill Run
Drive, sixty feet in width, as the same is designated and delineated upon the recorded plat of the
Dedication of Park Mill Run Drive and Easements, of record in Plat Book 78, Pages 87 and 88, Recorder's Office, Franklin County, Ohio;
Thence S-82° 16' 51" W, with a Northerly right-of-way line of said Park Mill Run Drive, a distance of
18.75 feet to a 3/4-inch (I.D.) pipe at a point of curvature;
Thence Northwestwardly, with the Northeasterly right-of-way line of said Park Mill Run Drive, the same being the arc of a curve to the right having a radius of 170.00 feet, a central angle of 90° 08' 51" and a chord that bears N-52° 38' 44" W, a chord distance of 240.73 feet to a 3/4-inch (I.D.) iron pipe at a point of tangency;
Thence N-7° 34' 18" W, with an Easterly right-of-way line of said Park Mill Run Drive, a distance of
600.61 feet to a 3/4-inch (I.D.) iron pipe at an angle point in the existing City of Columbus and City of Hilliard corporation line;
Thence N-82° 25' 42" E, with said existing City of Columbus and City of Hilliard corporation line and the same extended Eastwardly, a distance of 730.00 feet to a 3/4-inch (I.D.) iron pipe;
Thence S-7° 34' 18" E, a distance of 556.16 feet to a 3/4-inch (I.D.) iron pipe at a point of curvature;
Thence Southwardly, with the arc of a curve to the right having a radius of 90.00 feet, a central angle of 20 ° 34' 04" and a chord that bears S-2° 42' 44" W, a chord distance of 32.13 feet to a 3/4-inch (I.D.) iron pipe at a point of tangency;
Thence S-12° 59' 46" W, a distance of 41.24 feet to a 3/4-inch (I.D.) iron pipe at a point of curvature;
Thence Southwardly, with the arc of a curve to the left having a radius of 60.00 feet, a central angle of 40 0 00' and a chord that bears S-7° 00' 14" E, a chord distance of 41.04 feet to a 3/4- inch (I.D.) iron pipe at a point of tangency;
Thence S-27° 00' 14" W, a distance of 24.28 feet to a 3/4-inch (I.D.) iron pipe at a point of curvature;
Thence Eastwardly, with the arc of a curve to the left having a radius of 20.00 feet, a central angle of 92° 06' 41" and a chord that bears S-73° 03' 36" E, a chord distance of 28.80 feet to the true point of beginning and containing 12.496 acres of land, more or less.
We hereby state that the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in May of 1993 and in January of 1994.
All of the iron pipe survey markers noted in the foregoing description were in place in January of 1994.
The bearings given in the foregoing description correspond to the bearings shown on the recorded plat of said Mill Run Subdivision Street & Easement Dedication Plat Section 2.
Tract 2:
Description of a 0.063 acre area of land located on the Northerly side of the intersection of Mill Run Drive and Spring Mill Drive, in the City of Columbus, County of Franklin, State of Ohio (part of Spring Mill Drive and Mill Run Drive dedicated right-of-way which has been released/vacated)
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 547 and being a 0.063 acre area of land, more or less, 0.055 acre of said 0.063 acre being a part of the dedicated right-of-way of Mill Run Drive, as said Mill Run Drive is designated and delineated upon the recorded plat of the Vacation of Mill Run Drive and Rededication of Mill Run Drive and Easements of record in Plat Book 77, Page 18 and 0.008 acre of said 0.063 acre area being a part of Spring Mill Drive, as said Spring Mill Drive is designated and delineated upon the recorded plat of the Vacation of Spring Mill Drive and Rededication of Spring Mill Drive and Easements, of record in Plat Book 76, Page 92, both being of record in the Recorder's Office, Franklin County, Ohio, said 0.063 acre area of land being more particularly described as follows:
Beginning, for reference, at a P.K. nail at the centerline intersection of Spring Mill Drive, sixty-feet in width, and Mill Run Drive, sixty feet in width, as said intersection is designated and delineated upon the recorded plats of said Vacation of Mill Run Drive and Rededication of Mill Run Drive and Easements and Vacation of Spring Mill Drive and Rededication of Spring Mill Drive and Easements, said intersection also being shown on the recorded plat of the Dedication of Park Mill Run Drive and Easements, of record in Plat Book 78, Pages 87 and 88, Recorder's Office, Franklin County, Ohio;
Thence N-82° 16' 51" E, with the centerline of said Spring Mill Drive, a distance of 70.00 feet to a point;
Thence N-7° 43 09" W, a distance of 30.00 feet to a 3/4-inch (I.D.) iron pipe at the true point of beginning, the same being a point of curvature in the Northerly right-of-way boundary of said Spring Mill Drive;
Thence, from said true point of beginning, S-82° 16' 51" W, with the Westerly extension of the Northerly right-of-way line of said Spring Mill Drive a distance of 100.00 feet to a 3/4-inch (I.D.) iron pipe in the Westerly right-of-way line of said Mill Run Drive at a Northeasterly corner of the right-of-way boundary of said Park Mill Run Drive;
Thence N-7° 43' 09" W, with the Westerly right-of-way line of said Mill Run Drive, a distance of 40.00 feet to a 3/4-inch (I.D.) iron pipe at the Northwesterly right-of-way corner of said Mill Run Drive;
Thence N-82° 16' 51" E, with the Northerly right-of-way line of said Mill Run Drive, a distance of 60.00 feet to a 3/4-inch (I.D.) iron pipe at the Northeasterly right-of-way corner of said Mill Run Drive, the same being a point of curvature at a Northerly right-of-way corner of Spring Mill Drive;
Thence Southeastwardly, with the Northeasterly right-of-way line of said Spring Mill Drive and with the arc of a curve to the left having a radius of 40.00 feet, a central angle of 90 0 00" and a chord that bears S-52 ° 43' 09" E, a chord distance of 56.57 feet to the true point of beginning and being a 0.063 acre area of land, more or less.
We hereby state that the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in May and November of 1993.
All of the iron pipe survey markers noted in the foregoing description were in place in November of 1993.
The bearings given in the foregoing description correspond to the bearings shown on the recorded plat of the Vacation of Spring Mill Drive and Easements, of record in Plat Book 76, Page 92, Recorder's Office Franklin County, Ohio.
Parcel No. 560-227589
Address: 3600 Park Mill Run Drive, Columbus, OH 43206.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for accessory outdoor storage for the existing home improvement retail business as reflected on the CPD Plan included with Ordinance #1294-2026 (Z25-049).
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the accessory outdoor storage.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.