Explanation
Council Variance Application CV08-015
APPLICANT: Anderson Properties Limited Partnership; c/o Brent D. Rosenthal and Jackie Lynn Hager, Attorneys; Carlile Patchen & Murphy LLP; 366 East Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Variances for an existing more objectionable manufacturing use within 600 feet of residential, surface, striping and parking.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a companion Council variance to Ordinance # 0046-2009 (Z06-081), a rezoning request from R, Rural District to L-M, Limited Manufacturing District. The non-conforming manufacturing company on the site makes glass products for residential, automotive and commercial markets, including the bending of glass for lenses for the lighting industry. The existing uses on the site include production of glass products, an event center, and a child day care. The day care was originally permitted by council variance in 2006, when the property was zoned in the R, Rural District. The applicant is requesting this Council variance to vary the requirements for parking lot surface, striping and marking of parking spaces, a reduction in the required parking spaces from 216 to 44, and that a more objectionable use, glass production, not be located within 600 feet of a residential or apartment residential district. The entire site is located within 600 feet of a residential and apartment residential zoning district. Glass production is the only "more objectionable manufacturing use" that would be allowed on the site. The Transportation Division has reviewed the proposed parking variance and has determined that it can be supported based on the current uses at this site and the complementary peak demands of the allowable uses, and because an additional 100 unpaved parking spaces are available on the site. The proposed development, as conditioned, is compatible with development in the area.
Title
To grant a Variance from the provisions of Sections 3363.19(C), Location requirements, 3342.23, Striping and marking, 3342.24, Surface, and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes, for the property located at 2816 MORSE ROAD (43231), to conform an existing "more objectionable manufacturing use" with reduced development standards in the L-M, Manufacturing District. (Council Variance #CV08-015).
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WHEREAS, by application No. CV08-015, the owner of property at 2816 MORSE ROAD (43231), is requesting a Council variance to conform an existing more objectionable manufacturing use with reduced development standards in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3363.19(C), Location requirements, prohibits more objectionable uses located within less than six hundred (600) feet from the boundaries of any residential or apartment residential district, while the applicant proposes to continue the existing production of glass products for residential, automotive, and commercial markets within 600 feet of residential and apartment residential districts; and
WHEREAS, Section 3342.23, Striping and marking, requires parking spaces to be striped, while the applicant proposes to maintain the un-striped parking spaces to the rear of the building; and
WHEREAS, Section 3342.24, Surface, requires the surface of any parking or loading space, parking lot, aisle or driveway be designed to control stormwater runoff and be improved with Portland cement, asphaltic concrete or hard surface other than gravel or loose fill, while the applicant proposes to maintain the parking and loading area to the rear of the building without such a surface; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 6 parking spaces for the child day care use, 7 parking spaces for general office use, 51 parking spaces for the manufacturing use, and 152 parking spaces for the banquet hall use, or 216 total parking spaces, while the applicant proposes to maintain the existing 44 paved and striped parking spaces and has approximately 100 unpaved parking spaces available on site; and
WHEREAS, City Departments recommend approval because the proposed development, as conditioned, is compatible with development in the area; 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 2816 MORSE ROAD (43231), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variances from the provisions of Sections 3363.19(C), Location requirements; 3342.23, Striping and marking; 3342.24, Surface; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes are hereby granted for the property located at 2816 MORSE ROAD (43231), insofar as said sections prohibit the production of glass products for residential, automotive, and commercial markets, a more objectionable use within 600 feet of any residential or apartment district, with parking and loading spaces, parking lot, aisle or driveway to the rear of the building that are not striped or improved with Portland cement, asphaltic concrete or hard surface other than gravel or loose fill, and a reduction in the minimum number of required parking spaces by 172 spaces, from 216 to 44, said property being more particularly described as follows:
2816 MORSE ROAD (43231), being 3.86± acres located on the north side of Morse Road at the intersection with Chesford Road, and being more particularly described as follows:
DESCRIPTION OF A 3.8587 ACRE TRACT OF LAND ON THE NORTH SIDE OF MORSE ROAD AND WEST OF WESTERVILLE ROAD IN THE CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO.
Parcel 1, Auditor's Parcel No. 010-252898-00
Parcel 2, Auditor's Parcel No. 010-252899-00
Parcel 3, Auditor's Parcel No. 010-252900-00
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of quarter Township 3, Township 2, Range 17 West, United States Military Lands, containing 3.8587 acres of land, more or less, being 1.793 acres of land out of that original 2 acre tract of land, referred to as Parcel 1, being 1.145 acres of land out of that original 1.263 acre tract of land, referred to as Parcel 2, being 0.921 acre of land out of that original 1.015 acre tract of land, referred to as Parcel 3, all three (3) parcels of land being described in a deed to Anderson Properties Limited Partnership, of record in Official Record 13955 E13 (all references to official records, instruments or plat books in this description refer to the records of the Recorder's Office, Franklin County, Ohio), said 3.8587 acre tract of land being more particularly described as follows:
Beginning, for reference, at FCGS Monument 1135, thence S 86 deg. 38' 06" E, with the centerline of Morse Road a distance of 400.42 feet to a point at the southwesterly corner of that 0.369 acre tract of land as described in a deed to the Franklin County Commissioners, the southeasterly corner of that 0.228 acre tract of land as described in a deed to the Franklin County Commissioners, of record in Instrument No. 199911100282419, thence N 3 deg. 21' 54" E, with the westerly line of said 0.369 acre tract, the easterly line of said 0.228 acre tract, a distance of 55.00 feet to a point, the true point of beginning;
Thence, from said true point of beginning, continuing N 3 deg. 21' 54" E, with the westerly line of said Parcel 2, the easterly line of that original 0.609 acre tract of land as described in a deed to The McGlaughlin Oil C0., of record in Official record 3237 D16, a distance of 120.00 feet to a point;
Thence N 86 deg. 38' 06" W, with a southerly line of said Parcel 2, the northerly line of said 0.609 acre tract, a distance of 108.76 feet, to an iron pin (found) in a southeasterly right-of-way line of that 58.466 acre tract of land as described in a deed to the Consolidated Utilities Railroad Corp., of record in Instrument No. 199806290161477;
Thence N 29 deg. 19' 22" E with a northwesterly line of said Parcel 2, a southeasterly right-of-way line of said 58.466 acre tract, a distance of 23.25 feet to a point of curvature;
Thence, with the arc of a curve to the right, being northwesterly line of said Parcels Numbered 1, 2 and 3, a southwesterly right-of-way line of said 58.466 acre tract, said curve having a radius of 2861.98 feet, a sub-delta of 12 deg. 15' 24", a length of 612.23 feet, the chord of which bears N 35 deg. 27' 08" E, a chord distance of 611.12 feet to a point at the southwesterly corner of Parkridge Village Section 3, a subdivision of record in Plat Book 45, Page 67;
Thence S 86 deg. 34' 25" E, with the northerly line of said Parcel 1, a portion of the southerly line of said Parkridge Village Section 3, a distance of 66.14 feet to a point at the northwesterly corner of that original 4 acre tract of land as described in a deed to Carcorp, Inc., referred to as Parcel VI;
Thence S 3 deg. 22' 09" W, with the easterly line of said Parcel 1, the westerly line of said Parcel VI, a distance of 658.60 feet, passing an iron pin (found) at a distance of 653.60 feet, to the northeaterly corner of said 0.369 acre tract;
Thence N 86 deg. 38' 06" W, with the northerly line of said 0.369 acre tract, parallel with the centerline of said Morse Road and 55.00 feet northerly therefrom (as measured at right angles), a distance of 292.14 feet to the true point of beginning and containing 3.8587 acres of land, more or less.
Subject to all rights-of-way, easements or restrictions, if any, of previous record.
The basis of bearing N 86 deg. 38' 06" W, is based on the centerline of Morse Road as shown on roadway plans for Franklin County Morse Road Section D on file with the Franklin County Engineers Office.
No monumentation was set be ERLENBACH LAND SURVEYING COMPANY.
The foregoing descritpion was prepared from existing deed, plat, and a mortgage location survey by ERLENBACH LAND SURVEYING COMPANY.
SECTION 2. That this ordinance is further conditioned that the existing paved areas and the area indicated, with cross-hatching, on the plan titled, "REZONING SITE SURVEY," signed by Jackie Hager, attorney for the applicant, and dated January 7, 2009, meet the striping and marking requirements of Section 3342.23 and the surface requirements of Section 3342.24. Any slight adjustment to the 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 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.