Explanation
Council Variance Application: CV13-030
APPLICANT: DealPoint Merril, LLC; c/o Donald B. Leach and Ryan P. Aiello, Attys.; Dinsmore & Shohl LLP; 191 West Nationwide Boulevard, Suite 300; Columbus, OH 43215.
PROPOSED USE: Self-storage.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned C-4, Commercial District, and is developed with a vacant retail center. The requested Council Variance will allow 88,135 square feet of the existing structure to be used for climate-controlled self-storage, with new non-climate-controlled buildings proposed on the sides of and behind the existing building. The site is located within the planning area of The Greater Hilltop Plan Amendment (2010), which recommends mixed-use regional commercial development for this location. The site is also located within the Regional Commercial Overlay. Although the proposal is not consistent with all of the land use recommendations of The Greater Hilltop Plan Amendment, it should be noted that the site will still incorporate retail development to the east of the proposed climate-controlled self-storage building and along the West Broad Street frontage, and the rear of the site where the storage uses are located abuts property zoned in the M, Manufacturing District. With the proposed site design, incorporation of parking lot landscaping, and use limitations, Staff is confident that the proposal will integrate well with the area. Furthermore, the requested variance will put a large vacant tract and structure back into productive use. Due to these factors, Staff supports the requested variance and deviation from the Plan's land use recommendations.
Title
To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, of the Columbus City Codes; for the property located at 3790 WEST BROAD STREET (43228), to allow a self-storage facility in the C-4, Commercial District and to declare an emergency (Council Variance # CV13-030).
Body
WHEREAS, by application No. CV13-030, the owner of property at 3790 WEST BROAD STREET (43228), is requesting a Council variance to allow a self-storage facility in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, does not permit storage as a principal use, while the applicant proposes a self-storage facility within an existing, vacant retail center as shown on the site plan; and
WHEREAS, The Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will put a large vacant tract and structure back into productive use. Although the proposal is not consistent with all of the land use recommendations of The Greater Hilltop Plan Amendment, it should be noted that the site will still incorporate retail development to the east of the proposed climate-controlled self-storage building and along the West Broad Street frontage, and the rear of the site where the storage uses are located abuts property zoned in the M, Manufacturing District. With the proposed site design, incorporation of parking lot landscaping, and use limitations, Staff is confident that the proposal will integrate well with the area. Due to these factors, Staff supports the requested variance and deviation from the Plan's land use recommendations; and
WHEREAS, said 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 3790 WEST BROAD STREET (43228), in using said property as desired; 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 to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3356.03, C-4, Permitted Uses, of the Columbus City Codes; is hereby granted for the property located at 3790 WEST BROAD STREET (43228), insofar as said section prohibits a self-storage facility in the C-4, Commercial District; said property being more particularly described as follows:
3790 WEST BROAD STREET (43228), being 14.98± acres located on the north side of West Broad Street, 1,800± feet east of Phillipi Road, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, CONTAINING 15.502 ACRES OF LAND, MORE OR LESS, SAID 15.502 ACRES BEING OUT OF THAT 15.86 ACRE TRACT OF LAND DESCRIBED IN A DEED TO FIRST WEST BROAD ASSOCIATES, OF RECORD IN DEED VOLUME 2547, PAGE 610, ALL REFERENCES BEING TO RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 15.86 ACRE TRACT IN THE ORIGINAL CENTERLINE OF WEST BROAD STREET (U.S. ROUTE 40 - NATIONAL ROAD), SAID CORNER ALSO BEING THE SOUTHWESTERLY CORNER OF THAT 0.929 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RUTH WIEFEL, OF RECORD IN DEED VOLUME 1787, PAGE 167;
THENCE, SOUTH 86 DEG 09' 36" WEST, WITH THE SOUTHERLY LINE OF SAID 15.86 ACRE TRACT AND WITH SAID ORIGINAL CENTERLINE OF WEST BROAD STREET, A DISTANCE OF 800.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID 15.86 ACRE TRACT;
THENCE, NORTH 04 DEG 09' 29" WEST, WITH THE WESTERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 70.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID WEST BROAD STREET AT THE SOUTHWESTERLY CORNER OF THAT 0.358 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE KFC NATIONAL MANAGEMENT CORPORATION OF RECORD IN DEED VOLUME 3591, PAGE 40;
THENCE, NORTH 86 DEG 09' 36" EAST, WITH SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET, THE SAME BEING PARALLEL WITH AND 70.00 FEET NORTHERLY FROM, AS MEASURED AT RIGHT ANGLES, THE SOUTHERLY LINE OF SAID 15.86 ACRE TRACT AND WITH THE SOUTHERLY LINE OF SAID 0.358 ACRE TRACT, A DISTANCE OF 120.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID 0.358 ACRE TRACT;
THENCE, NORTH 04 DEG 09' 29" WEST, PARALLEL WITH AND 120.00 FEET EASTERLY FROM, AS MEASURED AT RIGHT ANGLES, THE WESTERLY LINE OF SAID 15.86 ACRE TRACT AND WITH THE EASTERLY LINE OF SAID 0.358 ACRE TRACT, A DISTANCE OF 130.00 FEET TO THE NORTHEASTERLY CORNER OF SAID 0.358 ACRE TRACT;
THENCE, SOUTH 86 DEG 09' 36" WEST, PARALLEL WITH AND 130.00 FEET NORTHERLY FROM, AS MEASURED AT RIGHT ANGLES, THE NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET AND WITH THE NORTHERLY LINE OF SAID 0.358 ACRE TRACT, A DISTANCE OF 120.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 0.358 ACRE TRACT IN THE WESTERLY LINE OF SAID 15.86 ACRE TRACT;
THENCE, NORTH 04 DEG 09' 29" WEST, WITH THE WESTERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 620.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 15.86 ACRE TRACT;
THENCE, NORTH 86 DEG 09' 36" EAST, WITH A NORTHERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 790.00 FEET TO AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID 15.86 ACRE TRACT;
THENCE, SOUTH 80 DEG 55' 40" EAST, WITH A NORTHERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 136.00 FEET TO THE NORTHEASTERLY CORNER OF SAID 15.86 ACRE TRACT, THE SAME BEING IN THE WESTERLY LINE OF THAT 16.192 ACRE TRACT OF LAND DESCRIBED IN A DEED TO CHAKERES-COLUMBUS, INC., OF RECORD IN DEED VOLUME 3076, PAGE 427;
THENCE, SOUTH 03 DEG 59' 03" EAST, WITH THE EASTERNMOST LINE OF SAID 15.86 ACRE TRACT WITH THE WESTERLY LINE OF SAID 16.192 ACRE TRACT, A DISTANCE OF 272.00 FEET TO A SOUTHEASTERLY CORNER OF SAID 15.86 ACRE TRACT, THE SAME BEING THE NORTHEASTERLY CORNER OF SAID 0.929 ACRE TRACT;
THENCE, SOUTH 86 DEG 09' 36" WEST, WITH A SOUTHERLY LINE OF SAID 15.86 ACRE TRACT AND WITH THE NORTHERLY LINE OF SAID 0.929 ACRE TRACT, A DISTANCE OF 121.57 FEET TO A CORNER OF SAID 15.86 ACRE TRACT, THE SAME BEING THE NORTHWESTERLY CORNER OF SAID 0.929 ACRE TRACT;
THENCE, SOUTH 04 DEG 09' 29" EAST, WITH AN EASTERLY LINE OF SAID 15.86 ACRE TRACT AND WITH THE WESTERLY LINE OF SAID 0.929 ACRE TRACT, A DISTANCE OF 517.61 FEET TO THE POINT OF BEGINNING, AND CONTAINING 15.502 ACRES OF LAND, MORE OR LESS;
EXCEPTING THEREFROM THE FOLLOWING 0.517 ACRE TRACT OF LAND:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, CONTAINING 0.517 ACRE OF LAND, MORE OR LESS, SAID 0.517 ACRE BEING ALL OF THAT TRACT OF LAND DESCRIBED IN A DEED TO THE REAL ESTATE TEN CO., OF RECORD IN DEED VOLUME 3601, PAGE 211, SAID 0.517 ACRE BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE SOUTHEASTERLY CORNER OF SAID 15.86 ACRE TRACT IN THE ORIGINAL CENTERLINE OF WEST BROAD STREET (US ROUTE #40 - NATIONAL ROAD), SAID CORNER ALSO BEING THE SOUTHWESTERLY CORNER OF THAT 0.929 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RUTH WIEFEL, OF RECORD IN DEED VOLUME 1787, PAGE 167;
THENCE, FROM SAID REFERENCE POINT OF BEGINNING, NORTH 04 DEG 09' 29" WEST, WITH AN EASTERLY LINE OF SAID 15.86 ACRE TRACT AND WITH THE WESTERLY LINE OF SAID 0.929 ACRE TRACT, A DISTANCE OF 70.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET;
THENCE, SOUTH 86 DEG 09' 36" WEST, WITH SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET, THE SAME BEING PARALLEL WITH AND 70.00 FEET NORTHERLY FROM, AS MEASURED AT RIGHT ANGLES, THE SOUTHERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 43.00 FEET TO THE TRUE POINT OF BEGINNING, AT THE SOUTHEASTERLY CORNER OF SAID 0.517 ACRE TRACT;
THENCE FROM SAID POINT OF BEGINNING, SOUTH 86 DEG 09' 36" WEST, WITH SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET, THE SAME BEING PARALLEL WITH AND 70.00 FEET NORTHERLY FROM, AS MEASURED AT RIGHT ANGLES, THE SOUTHERLY LINE OF SAID 15.16 ACRE TRACT, A DISTANCE OF 150.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID 0.517 ACRE TRACT;
THENCE, NORTH 04 DEG 09' 29" WEST, PARALLEL WITH AND 193.00 FEET WESTERLY FROM, AS MEASURED AT RIGHT ANGLES, AN EASTERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 0.517 ACRE TRACT;
THENCE, NORTH 86 DEG 09' 36" EAST, PARALLEL WITH AND 150.00 FEET NORTHERLY FROM, AS MEASURED AT RIGHT ANGLES, THE SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST BROAD STREET, A DISTANCE OF 150.00 FEET TO THE NORTHEASTERLY CORNER OF SAID 0.517 ACRE TRACT;
THENCE, SOUTH 04 DEG 09' 29" EAST, PARALLEL WITH AND 43.00 FEET WESTERLY FROM, AS MEASURED AT RIGHT ANGLES, AN EASTERLY LINE OF SAID 15.86 ACRE TRACT, A DISTANCE OF 150.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.517 ACRE OF LAND, 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 self-storage facility.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the plans titled "SITE PLAN," and "FRONT ELEVATION," drawn by Michael Gaertner Architects, dated October 9, 2013, and signed by Dick Mason, Director of Construction. The plans 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 plans shall be reviewed and may be approved 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 upon 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. 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.