Explanation
Council Variance: CV03-037
APPLICANT: Wayne Products Inc., 5758 Westbourne Avenue, Columbus, Ohio 43213; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: To assemble, warehouse and distribute golf clubs and related merchandise.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a business for retail sales of golf clubs and related merchandise to add a facility for warehouse and distribution operations and golf club assembly. Staff supports the requested warehouse/distribution and golf club assembly facility because it will allow the applicant to consolidate this part of the business with its corporate headquarters and retail store. Appropriate development standards are provided, such as a 360- foot building setback from North Hamilton Road, additional landscaping and fencing to screen the facility, and a commitment to a pitched roof. A variance is requested to reduce parking lot screening standards opposite the rear undeveloped portion of the residential property to the north. A hardship exists in that the current CPD, Commercial Planned Development District zoning (Z98-017; ORD 1829-2003) permits only those uses contained in C.C. Section 3356.03, C-4 Regional Scale Commercial District, and a Council Variance is the only mechanism to allow a business for retail sales of golf clubs and related merchandise to warehouse and distribute golf clubs and related merchandise and assemble golf clubs in the CPD, Commercial Planned Development District.
Title
To grant a variance from the provisions of Sections 3361.02, Permitted Uses and 3342.17, Parking lot screening, for the property located at 5350 NORTH HAMILTON ROAD (43230) to allow a retail sales business to assemble, warehouse and distribute golf clubs and related merchandise in the CPD, Commercial Planned Development District and to declare an emergency (Council Variance CV03-037).
Body
WHEREAS, by application No. CV03-037, the owner of property at 5350 NORTH HAMILTON ROAD (43230), is requesting a Council variance to permit a business for retail sales of golf clubs and related merchandise to warehouse and distribute golf clubs and related merchandise and assemble golf clubs in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3361.02, Permitted Uses, does not allow a business for retail sales of golf clubs and related merchandise to warehouse and distribute golf clubs and related merchandise and assemble golf clubs; and
WHEREAS, Section 3342.17, Parking lot screening, requires that paring lots located within eighty (80) feet of residentially zoned property be screened to a minimum height of five (5) feet and minimum opacity of seventy-five (75) percent, while the applicant proposes to install earth mounding with a minimum height of eighteen (18) inches and to plant evergreens that are a minimum height of six (6) feet at time of planting and spaced twelve (12) feet on center; and
WHEREAS, This variance will permit a business for retail sales of golf clubs and related merchandise to add a facility for warehouse and distribution operations and golf club assembly. Staff supports the requested warehouse/distribution and golf club assembly facility because it will allow the applicant to consolidate this part of the business with his corporate headquarters and retail store for golf clubs and related merchandise, and because appropriate development standards are provided, such as a 360 foot building setback from North Hamilton Road, additional landscaping and fencing to screen the facility, and a commitment to a pitched roof. A variance is requested to reduce parking lot screening standards opposite the rear undeveloped portion of the residential property to the north. A hardship exists in that the current CPD, Commercial Planned Development District zoning (Z98-017; ORD 1829-2003) permits only those uses contained in C.C. Section 3356.03, C-4 Regional Scale Commercial District, and a Council Variance is the only mechanism to allow a business for retail sales of golf clubs and related merchandise to warehouse, distribute and assemble golf clubs in the CPD, Commercial Planned Development District; and
WHEREAS, the City Departments recommend approval and note a hardship exists because a business for the retail sales of golf clubs and related merchandise is not permitted to warehouse and distribute golf clubs and related merchandise or assemble golf clubs in the CPD, Commercial Planned Development District; and
WHEREAS, said ordinance requires separate submission for all applicable permits and 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin constuction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 5350 NORTH HAMILTON ROAD (43230), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. A variance from the provisions of C.C. Sections 3361.02, Permitted Uses and 3342.17, Parking lot screening, is hereby granted for the property located at 5350 NORTH HAMILTON ROAD (43230), in so far as that said sections prohibit a business for retail sales of golf clubs and related merchandise to warehouse and distribute golf clubs and related merchandise or assemble golf clubs with reduced parking lot screening in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
Tract 1: Situated in the State of Ohio, County of Franklin, and in the Township of Plain:
Being in Range 16, Tp. 2, Quarter Tp. 3, U.S.M. Lands:
Beginning at a point in the center line of Beecham Road and north 506.53 feet from a spike where the center line of said Road Intersects the center line of Thompson Road; thence along the center line of Beecham Road, north 144.55 feet to a point; thence North 89 degrees 44' East (passing an iron pin at 25 feet) 602.89 feet to an iron pin; thence South 0 degree 07' West 144.55 feet to an iron pin; thence South 89 degrees 44' West (parallel to Thompson Road and passing an iron pin at 577.6 feet) 602.6 feet to the place of beginning, containing 2 acres, more or less.
Tract 2: Situated in the Township of Plain County of Franklin and State of Ohio:
Being in Range 16, Tp. 2, Quarter Tp. 3, U.S.M. Lands and bounded and described as follows:
BEGINNING at a point in the center line of Beecham Road and North 651.08 feet from a spike where the center line of said road intersects the center line of Thompson Road; thence along the center line of Beecham Road North 142.42 feet to a point; thence North 89 degrees 44' East (passing an iron pin at 25 feet) 603.17 feet to an iron pin; thence South 0 degrees 07' West 142.41 feet to an iron pin; thence South 89 degrees 44' West (passing an iron pin at 577.89 feet) 602.89 feet to the place of beginning, containing 1.971 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 a business for retail sales of golf clubs and related merchandise, warehousing, distribution and assembly of golf clubs, and those C-4, Commercial District uses permitted by the current CPD, Commercial Development District zoning on this property (Z98-017; ORD 1829-2003).
SECTION 3. That this ordinance is further conditioned on compliance with the CPD text and site plan (Z98-017, ORD 1829-2003) titled "Commercial Planned Development Text" dated 7/2/03 and "CPD Exhibit" dated 7/2/03, both signed by Jeffrey L. Brown, Attorney for the Applicant, and compliance with additional conditions listed below.
SECTION 4. That this ordinance is further conditioned in that: there shall be a 360-foot building setback line from the North Hamilton Road right-of-way line for the warehouse / distribution / assembly building; parking lot lights located within thirty (30) feet of the north and east property lines shall not exceed fourteen (14) feet in height; a minimum ten (10) foot wide buffer zone shall be established along the north, south and east property lines; landscaping for the north property line from the 360 foot North hamilton Road building setback line to the east property line shall consist of an eighteen inch high mound and evergreens (minimum 6-feet high at time of planting) planted twelve (12) feet on center; landscaping for the south property line adjacent to the proposed warehouse / distribution / assembly building shall consist of evergreens (minimum 6-feet high at time of planting) planted twenty (20) feet on center; a 6-foot high vinyl fence shall be installed along the east property line; the warehouse building shall have metal siding and a minimum roof pitch of 12:2.
SECTION 5. That this ordinance is further conditioned in that sales, storage or maintenance of motorized riding carts shall be prohibited.
SECTION 6. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 7. 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.