Explanation
Council Variance Application: CV24-011
APPLICANT: Ohio Mulch; c/o Jackson B. Reynolds, III, Atty.: 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Wholesaling, yard waste collection, and outdoor storage.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a commercial building in the L-C-4, Limited Commercial District. The requested variance will allow a landscape supply company with retail, wholesale, and yard waste collection uses, as shown on the submitted site plan. The variance includes reduced setbacks for outdoor storage from residential districts and lot lines. The site is located within the boundaries of the Far East Land Use Plan (2018), which recommends “Employment Center” land uses, and includes the adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Staff supports the requested uses, noting existing adjacent manufacturing uses, and the location of the proposed outdoor storage area in consideration of the residential property across Chantry Drive. The site plan demonstrates appropriate screening of this storage area from neighboring uses. Additionally, the site is located within the initial focus area of the Zone-In initiative, and rezoning the property to a manufacturing district would not be possible.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; and 3363.41(a), Storage, of the Columbus City Codes; for the property located at 5705 CHANTRY DR. (43232), to allow wholesaling, yard waste collection, and outdoor storage with reduced setbacks in the L-C-4, Limited Commercial District (Council Variance #CV24-011).
Body
WHEREAS, by application #CV24-011, the owner of property at 5705 CHANTRY DR. (43232), requests a Council variance to allow wholesaling, yard waste collection, and outdoor storage with reduced setbacks in the L-C-4, Limited Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not allow wholesaling, yard waste collection, and outdoor storage in the C-4, Commercial District, while the applicant proposes such uses as demonstrated on the submitted site plan; and
WHEREAS, Section 3363.41(a), Storage, requires the open storage of materials to be located a minimum of 100 feet from any residential or apartment residential district, 30 feet from any street right-of-way line, and not less than 20 feet from all other lot lines, while the applicant proposes reduced setbacks of 90 feet from a residential district, 10 feet from Chantry Road right-of-way line, and zero feet from the west and south lot lines; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance with the location of the proposed outdoor storage and the screening provided, and note the proposed use is consistent with existing neighboring manufacturing uses; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a 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 5705 CHANTRY DR. (43232), 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 3363.41(a), Storage, of the Columbus City Codes, is hereby granted for the property located at 5705 CHANTRY DR. (43232), insofar as said sections prohibit wholesaling, yard waste collection, and outdoor storage uses in the L-C-4, Limited Commercial District; with reduced open storage setbacks from 100 feet 90 feet from a residential district, from 30 feet to 10 feet from the Chantry Road right-of-way, and from 20 feet to zero feet from the west and south lot lines; said property being more particularly described as follows:
5705 CHANTRY DR. (43232), being 1.90± acres located on the south side of Chantry Drive, 1715± feet west of Gender Road , and being more particularly described as follows:
Real property in the City of Columbus, County of Franklin, State of Ohio and is described as follows:
Being in Half Sections 45, Section 26, Township 12, Range 21, Refugee Lands, containing 1.899 acres of land, more or less, said 1.899 acres of land being out of that 50.917 acre tract of land described in the deed to Chantry Square Joint Venture, of record in Official Records Volume 9543, Page J14, Recorder’s Office, Franklin County, Ohio, said 1.899 acres of land more particularly described as follows:
Beginning at a point in the Southerly right-of-way line of Chantry Drive, Eighty feet in width, as said Chantry Drive is designated and delineated upon the recorded plat of the dedication of Scarborough Boulevard, Chantry Drive, Park Crescent, Alshire Road and easements, of record in Plat Book 46, Page 52, 53, 54 and 55, said point being the Northeasterly corner of that 1.972 acre tract of land designated as Tract II and described in the deed to Bratcher, Camaniti, Curry and Snyder, of record in Official Records Volume 3520, Page A07, both being of record in the Recorder’s Office, Franklin County, Ohio, said point also being the true place of beginning for the parcel herein described;
Thence Eastwardly, with the Southerly right-of-way boundary of said Chantry Drive and with the Northerly boundary of said 50.917 acre tract, the following seven (7) courses and distances;
1. S 86 deg. 10’ 30” E, a distance of 232.07 feet to a point of curvature;
2. with the arc of a curve to the right having a radius of 35.00 feet, a central angle of 90 deg. 00’ 00” and a chord that bears S 41 deg. 10’ 30” E, a chord distance of 49.50 feet to a point;
3. S 86 deg. 10’ 30” E, a distance of 16.71 feet to a point;
4. S 17 deg. 53’ 38” E, a distance of 19.49 feet to a point;
5. S 3 deg. 49’ 30” W, a distance of 166.92 feet to a point;
6. S 49 deg. 34’ 9” W, a distance of 113.86 feet to a point;
7. N 86 deg. 10’ 30” W, a distance of 209.44 feet to a point;
8. N 3 deg. 49’ 30” E, a distance of 299.49 feet to a point of beginning and containing 1.899 acres, more or less.
Address: 5705 Chantry Road, Columbus, OH 43232
Parcel No.: 010-226259
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for wholesaling, yard waste collection, and outdoor storage uses as demonstrated on the submitted site plan, or those uses permitted in the L-C-4, Limited Commercial District
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled “SITE PLAN,” dated July 10, 2024, and signed by Jackson B. Reynolds, III, Attorney for the Applicant. The 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 plan shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.