Explanation
Council Variance Application: CV05-072
APPLICANT: Charles & Jennifer Walters; c/o Jackson B. Reynolds, III, Attorney; Smith & Hale; 37 West Broad Street; Columbus, OH 43215.
PROPOSED USE: Limited commercial uses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance permits limited commercial and office uses within the existing historical buildings on the property. A maximum of a 10% building expansion is allowed for future improvements. The proposed development standards include setbacks, landscaping, street trees, internal sidewalks, a no disturb zone for the creek, access and lighting that provide compatibility with the surrounding properties.
Title
To grant a Variance from the provisions of Section 3332.02, R, Residential District of the Columbus City codes for the property located at 5558 GENDER ROAD (43110), to permit limited commercial uses in the R, Residential District and to declare an emergency. (Council Variance # CV05-072)
Body
WHEREAS, by application #CV05-072, the owner of the property at 5558 GENDER ROAD (43110), is requesting a Variance to permit limited commercial uses in the R, Residential District; and
WHEREAS, Section 3332.02, R, Residential District, prohibits commercial uses, while the applicant proposes to allow limited commercial uses; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to a loan closing scheduled for the property, for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the applicant is seeking to utilize the existing historical buildings on the property for limited commercial uses and meeting the required development standards; and
WHEREAS, the City departments recommend approval because this variance permits limited commercial and office uses within the existing historical buildings on the property. A maximum of a 10% building expansion is allowed for future improvements. The proposed development standards include setbacks, landscaping, street trees, internal sidewalks, a no disturb zone for the creek, access and lighting that provide compatibility with the surrounding properties; 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, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 5558 GENDER ROAD (43110), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3332.02, R, Residential District; of the Columbus City codes for the property located at 5558 GENDER ROAD (43110), insofar as said section prohibits commercial uses; said property being more particularly described as follows:
5558 GENDER ROAD (43110), being 7.07± acres located at the southeast corner of Gender and Lehman Roads, and being more particularly described as follows:
ZONING DESCRIPTION
7.073 ACRES
Situated in the State of Ohio, County of Franklin, Township of Madison, Section 24, Township 11, Range 21, Congress Lands, being all of the 7.073 acre tract conveyed to Carolyn R. Sowers by deed of record in Instrument Number 200502040021611, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING in the northerly line of Lot 13 of "Winchester Highlands Section 1, Part 1", a subdivision of record in Plat Book 79, Page 6, at a common corner of said 7.073 acre tract and the 0.667 acre tract conveyed to Gregory A. Sabo and Hazel M. Taylor by deed of record in Instrument Number 200105230113075;
Thence South 89° 47' 30" West, a distance of 648.03 feet, to a point in the easterly right-of-way line of Gender Road;
Thence North 00° 00' 00" West, a distance of 293.26 feet, with said easterly right-of-way line, to a point;
Thence North 69° 22' 44" East, a distance of 144.24 feet, to a point;
Thence North 00° 00' 00" West, a distance of 100.00 feet, to a point;
Thence South 69° 22' 44" West, a distance of 144.24 feet, to a point in said easterly right-of-way line;
Thence North 00° 00' 00" West, a distance of 103.40 feet, with said easterly right-of-way line, and across Lehman Road, to a point in the centerline thereof;
Thence North 89° 47' 30" East, a distance of 648.03 feet, with said centerline, to a point;
Thence South 00° 00' 00" West, a distance of 496.35 feet, to the POINT OF BEGINNING, containing 7.073 acres of land, more or less.
This description is for zoning purposes only, and is not to be used for deed transfer
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for limited commercial uses, or those uses permitted in the R, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "SITE PLAN - WALTERS PROPERTY," dated January 6, 2006 and signed by Jackson B. Reynolds, III. The Site 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 Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the following permitted commercial uses:
Baked Good Stores
Barber shops, Beauty and Nail Salons
Book, Newspaper and Magazine Stores (2,000 square feet or less)
Cafes, Delicatessens and Restaurants (2,000 square feet or less)
Confectionery and Nut Stores
Florists
Gift, Novelty, and Souvenir Stores
Ice Cream and Yogurt Stores
Specialty Food Stores
Tailors
Administrative and Support Services
Business Service Centers and Support Services
Collection Agencies
Court Reporting and Stenotype Services
Document Preparation Services
Facilities Support Services
Travel Agencies, Travel Arrangement and Reservation Services
Brokerage, Commodity and Securities Exchanges
Commodity Contracts Brokerage and Dealing
Consumer Lending
Direct Casualty, Health, Life, Medical, Property and Title Insurance Carriers
Funds, Trusts, and Other Financial Vehicles
Insurance Agencies, Brokerages, Carriers and Employee Benefit Funds
International Trade Financing
Investment Advice and Banking and Securities Dealing
Mortgage and Non-mortgage Loan Brokers
Trusts, Estates, Fiduciary and Agency Accounts
Business, Professional, Labor, Political and Similar Organizations
Conservation, Environment and Wildlife Organizations
Religious, Grant making, Civic, Professional and Similar Organizations
Accounting and Bookkeeping Services
Advertising Services
Administrative and General Management Consulting Services
Architectural, Drafting, Engineering, Graphics and Landscape Design Services
Bank Holding Companies
Certified Public Accountants
Computer Centers, Programming and Systems Design Services
Corporate, Subsidiary and Regional Managing
Human Resources and Executive Search Consulting Services
Interior Design Services
Industrial Design Services
Lawyers and Legal Services
Management, Companies and Enterprises and Consulting Services
Marketing Consulting, Public Opinion Polling and Research Services
Notaries
Payroll Services
Process, Physical Distribution and Logistics Consulting Services
Public Relations Agencies
Real Estate Agents and Brokers
Surveying and Mapping Services
Tax Preparation Services
Title Abstract and Settlement
Translation and Interpretation Services
Art Studios (No retail sales)
Internet Providers, Web Search Portals and Data Processing Services
Museums
Music Publishers
Photography Studios, Commercial and Portrait
Dwelling units, as allowed under C.C. 3353.05
Art Dealers and Galleries
Arts and Crafts
Camera, Photo finishing and Photographic Supplies Stores
Clothing and Clothing Accessories Stores
Computer and Software Stores
Fabric, Needlework, Quilting, Sewing and Piece Goods Stores
Footwear and Repair
Formal Wear and Costume Rental and Sales
Jewelry Stores
Luggage and Leather Goods Sales and Repair
Shoe Stores
SECTION 5. That this ordinance is further conditioned upon the following required development standards:
DEVELOPMENT STANDARDS: Unless otherwise indicated in the text or the Site Plan, the development standards for C-3 as contained in Chapter 3355 of the Columbus City Code shall apply.
A. Density, Lot, and/or Setback Commitments.
1. Minimum building setback is eighty feet 80' from Gender Road right-of-way and 40' from Lehman Road right-of-way.
2. The setback for the parking shall be 40' from Gender Road right-of-way and 40' from Lehman Road right-of-way.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. The Gender Road access point shall become a right in/right out only traffic movement and a full service curb cut shall be provided on Lehman Road no closer than 300' and no farther than 440' to the centerline intersection of Gender and Lehman Road intersection.
2. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
3. Loading areas shall be screened by opaque material and/or landscaping to a minimum of height of seven (7) feet.
4. A parking area shall be constructed to the south of the existing home and west of the barn and north of the house along the Lehman Road right-of-way. Interior sidewalks shall be provided from the parking lots to the commercial structures.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
The existing landscaping will be maintained along the Lehman Road right-of-way, the south (along the property zoned L-R-2), the eastern property line and west property line and will be enhanced to create a landscape buffer of a minimum of 75% opacity with a minimum height of six (6) feet. The buffer will consist of either evergreen bushes or a board on board fence to provide the necessary buffer of a minimum of 75% opacity. There shall be headlight screening along Gender Road per City Code. Maintain existing tree line along the south property line abutting the L-R-2 properties. Deciduous trees will be planted 30 feet on center along the south property line at those spots where landscaping is missing, to give a canopy buffer to the abutting properties. Should the existing tree row along Lehman Road be removed for widening of the right-of-way a replacement tree row shall be installed and it shall consist of 2 inch in diameter deciduous trees planted 30' on center along the right-of-way property line, and additional landscaping shall be the responsibility of the governmental entity that removes the vegetation as a result of the road improvement.
1. The required screening in this section shall be counted in determining compliance with the required landscaping sections in Chapter 3342 of the Columbus City Code.
2. The landscaping will be maintained and replaced with identical type and size material by the applicant on an ongoing basis should any of the materials become diseased or die.
3. At the time of the installation of the parking lot north of the existing house, a four (4) foot high opaque barrier shall be constructed to provide a head light buffer to the abutting residential properties. The barrier may be an evergreen hedge, wall, fence or mound.
4. An area of 50' on either side of the creek channel shall not be disturbed and the natural vegetation shall be preserved.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The existing buildings and landscaping shall be preserved and maintained and may updated and modernized for permitted activities but any materials shall be of comparable material and style to insure a uniform look. A 12' x 12' sunroom maybe added to the single family residence as a part of the upgrade to the property and mechanicals and other additions (less than 10% of the total buildings size) may be made to the outbuildings to allow for modernization.
2. Dumpsters and all ground-mounted mechanical equipment shall be located to the rear of the single-family home, between the two barn buildings and screened from public view to the height of the dumpster/equipment with a fence and gate.
E. Lighting, Outdoor Display Areas, and/or Other Environmental commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designated to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
3. No public address system or amplified music shall be allowed outside and all outdoor activities shall comply with adopted Columbus noise regulations.
4. Accent lighting shall be permitted provided such light source is concealed and shielded from adjacent right-of-way and to prevent off site light pollution.
5. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
6. Light poles shall not exceed 14 feet in height.
F. Graphics and Signage Requirements
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-3 and any variance to those requirement will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The Subject Site shall be developed in accordance with the site plan titled, "Site Plan Walters Property." The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Development Department or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 6. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and Certificates 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.