Explanation
Council Variance Application: CV24-068
APPLICANT: 160 Driving Academy; c/o Jeffrey L. Brown; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Truck driving school.
SOUTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a portion of a parcel developed with a parking lot that previously served the now vacant Cooper Stadium which is proposed to be redeveloped as a mixed-use development under the CPD, Commercial Planned Development District (Ordinance #2677-2023; Z19-060). A Council variance is required because the CPD district does not allow the proposed truck driving school. The site is located within the planning boundaries of the Southwest Area Plan (2009), which recommends “Community Commercial” land uses at this location. Additionally, the Plan includes early adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Staff supports the request because it is limited to a certain area of the site with access restrictions, is considered institutional in nature, and does not represent any changes to the anticipated development as proposed under this CPD district.
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 1155 W. MOUND ST. (43223), to allow a truck driving school in the CPD, Commercial Planned Development District (Council Variance #CV24-068).
Body
WHEREAS, by application #CV24-068, the owner of property at 1155 W. MOUND ST. (43223), is requesting a Council variance to allow a truck driving school in the CPD, Commercial Planned Development District; and
WHEREAS, by Ordinance #2677-2023 (Rezoning Application Z19-060), the CPD, Commercial Planned Development District only permits uses of the C-4, Commercial District; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-4, commercial district uses, and does not allow a truck driving school, while the applicant proposes to operate a truck driving school; and
WHEREAS, Section 3361.03, Development plan, reports the overall concept of a proposed development, which for this property specifically are commercial uses, as approved by Ordinance #2677-2023 (Z19-060), while the applicant proposes a truck driving school; and
WHEREAS, the Southwest Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance because it is limited to a certain area of the site with access restrictions, is institutional in nature, and is consistent with the land use recommendations of the Southwest Area Plan,; 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 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 1155 W. MOUND ST. (43223) 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 3361.02, Permitted uses, and 3361.03, Development plan, of the Columbus City Codes; is hereby granted for the property located at 1155 W. MOUND ST. (43223), insofar as said sections prohibit a truck driving school in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
1155 W. MOUND ST. (43223), being 7.34± acres located on the south side of West Mound Street, 1,307± feet east of Harrisburg Pike, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Virginia Military Survey Number 422, being all of Lots 13, 14, 15, and 16, being part of Lots 19 and 20, and that portion of the 33-foot wide alley located adjacent to said Lots, of Plat of John Greenleaf as Master Commissioner’s Subdivision of 43 acre westerly part of Eaton Farm in Survey 422, the same as numbered and delineated on the record plat thereof on file in Plat Book 1, Page 118, and being a part of that 47.161 acre tract of land described in a deed to Sparc Holding, LLC, of record in Instrument Number 201208030112573, all record referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more particularly bounded and described as follows:
BEGINNING at a ¾ inch iron pipe found at the northeast corner of said Lot 13, being the southeast corner of Lot 12 of said Greenleaf subdivision, said Lot conveyed by deed to Temple Israel, of record in Deed Book 1028, Page 591, being at the northeast corner of said 47.161 acre tract, and being on the west right-of-way line for Mt. Calvary Avenue (66 feet wide), as depicted on said Greenleaf subdivision plat;
Thence South 10 degrees 59 minutes 03 seconds East, along the east lines of said Lots 13, 14, 15 and 16, along the east line of said 47.161 acre tract, along the west right-of-way line for said Mt. Calvary Avenue, a distance of 558.28 feet to the southeast corner of said lot 16, being the southeast corner of said 47.161 acre tract, being the southwest corner of said Mt. Calvary Avenue, being the northeast corner of a 3.369 acre tract conveyed by deed to Pointe Blank LLC, of record in Instrument Number 201403050026798, being the northwest corner of a 2.69 acre tract conveyed by deed to Wecare Health Facility, LLC, of record in Instrument Number 201903150029742, and being on the northwest right-of-way line for Canonby Place (50 feet wide), the same as delineated on the record plat thereof on file in Plat Book 39, page 70, (reference a ¾ inch iron pipe found bent North 55 degrees 22 minutes 52 seconds West at a distance of 0.17 feet);
Thence South 81 degrees 13 minutes 05 seconds West, along the south lines of said Lots 16 and 20 and the south line of said 33-foot wide alley, along the south line of said 47.161 acre tract, along the north line of said 3.369 acre tract, and along the north line of a 10.612 acre tract conveyed by deed to The Trustees of Green Lawn Cemetery Association, of record in Deed Book 1684, Page 533, a distance of 632.29 feet to a point;
Thence North 08 degrees 32 minutes 25 seconds West, across said 47.161 acres tract and across said Lots 19 and 20, a distance of 531.06 feet to a point, on the north line of said Lot 19, on the north line of said 47.161 acre tract and on the south line of Lot 18 of said Greenleaf Subdivision, said lot conveyed by deed to Silvester H. Rosecrans, Roman Catholic Bishop of Columbus, of record in Deed Book 95, Page 589;
Thence North 71 degrees 09 minutes 49 seconds East, along the north line of said Lot 19, along the south line of said Lot 18, crossing said 33-foot wide alley, and along a north line of said 47.161 acre tract, a distance of 83.89 feet to a ¾ inch iron pipe found at the northeast corner of said Lot 19, being on the east line of said 33-foot wide alley, being on the west line of said Lot 12, and being a northeast corner of said 47.161 acre tract;
Thence South 11 degrees 07 minutes 41 seconds East, along the east line of said 33-foot wide alley, along the west line of said Lot 12, and along an east line of said 47.161 acre tract, a distance of 81.89 feet to a 5/8 inch iron pin found with a Franklin County Engineer cap at the northwest corner of said Lot 13, being the southwest corner of said Lot 12, and being a northeast corner of said 47.161 acre tract;
Thence North 71 degrees 01 minute 26 seconds East, along the north line of said Lot 13, along the south line of said Lot 12, and along a north line of said 47.161 acre tract, a distance of 531.03 feet to the POINT OF BEGINNING for this description.
This description contains a total area of 7.340 acres out of Franklin County Auditor’s Parcel Number 425-286329.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a truck driving school, or those uses permitted in the CPD, Commercial Planned Development District on this property as approved by Ordinance #2677-2023 (Z19-060), and by Council Variance Ordinance #2678-2023 (CV19-082).
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned upon the following: per the Department of Public Service conditions, prior to installation of speed humps pursuant to 3.B.5 of Ordinance 2677-2023 (Z19-060), truck access to and from the truck driving school site shall be limited to Site Drive A, Site Drive C, or Site Drive E as defined in Ordinance 2677-2023 (Z19-060).
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.