Explanation
HONORABLE MEMBERS OF COUNCIL: The attached legislation is submitted for Council action.
APPLICANT: Stanbury Development Group; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Shopping center development in the L-
UCRPD, Limited University College Research Park District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Council variance would permit a shopping center in the L-UCRPD, Limited University College Research Park District. The L-UCRPD, Limited University College Research Park District permits certain retail activities subject to the issuance of a special permit from the Board of Zoning Adjustment but does not permit shopping centers. The site is adjacent to commercial development in Clinton Township to the west. To the east is a welding laboratory zoned in the L-UCRPD, Limited University College Research Park District. To the north across Lane Avenue is an agriculture and nature preserve zoned in the L-UCRPD, Limited University College Research Park District. To the south is an office building and parking lot zoned in the L-UCRPD, Limited University College Research Park District. The applicants are not pursuing a rezoning because of timing constraints and because the property owners wish to maintain the existing L-UCRPD, Limited University College Research Park District zoning. This variance would be compatible with the development and zoning patterns of the area.
Title
To grant a Variance from the provisions of Sections 3370.05, Permitted Uses, 3370.06, Standards, and 3374.03 Special Permit Uses, for the property located at 1291 LANE AVENUE (43221) to permit retail uses which are open to the general public to permit utility service to said property and to waive the special permit requirement for uses in the L-UCRPD, Limited University College Research Park District and to declare an emergency. (CV#03-018)
Body
WHEREAS, by application No. CV03-018 the owner of property at 1291 LANE AVENUE (43221), is requesting a Council Variance to permit retail uses which are open to the general public, utility service and to waive the special permit requirement for uses in the L-UCRPD, Limited University College Research Park District; and
WHEREAS, Section 3370.05 Permitted uses, provides for one or more of the uses permitted by the underlying zoning classification, which for this property, the limitation text Z88-1962 only provides for those uses listed in Section 3374.02 of the Columbus City Code, while the applicant proposes to construct a shopping center with retail uses open to the general public; and
WHEREAS, 3370.06 Standards provides that a property shall meet or exceed the standards in the limited overlay development plan; and
WHEREAS, In Z88-1962 the limitation text prohibited extending utility services to Northstar Road and the City's Division of Sewage and Drainage has approved extending the sanitary sewer to Northstar Road and connecting into the Northstar Road sanitary sewer; and
WHEREAS, Section 3364.03 Special Permit Uses, requires the applicant to obtain a special permit from the Board of Zoning Adjustment for financial institutions and restaurants on the property, while the applicant proposes to waive the requirement of a Special Permit; and
WHEREAS, financial institutions and restaurants uses are compatible with existing businesses in the area thereby negating the need for a special permit, and
WHEREAS, City Departments note a hardship exists and recommend approval because the limitation text prohibits retail uses and utility connections and a rezoning amendment is not feasible within the time requirements of the applicant; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed uses; and
WHEREAS, said ordinance 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 or 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 owner of the property located at 1291 LANE AVENUE (43221), in using said property as desired and; now therefore:
Section 1. That a variance from the provisions of Sections 3370.05, Permitted Uses, 3370.06, Standards, and 3374.03, Special Permit Use, of Columbus City Codes are hereby granted for the property at 1291 LANE AVENUE (43221), insofar as said sections prohibit retail uses open to the general public, the extension and connection of the sanitary sewer to the sewer in Northstar Road, and financial institutions and restaurants without a Special Permit; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, In Quarter Township 3, Township 3, Range 18, United States Military Lands being a 1.838 acres tract out of those 335.948 acres of land described to The State of Ohio in Deed Book 822, Page 126. (All records referenced herein are located in the Franklin County Recorder's Office, Franklin County, Ohio.) Said 1.838 acres of land being more particularly described as follows:
Beginning at an iron pin found at the northeasterly corner of that 2.098 acres tract of land described in Instrument Number 199805050108532 (address 1291 Lane Avenue) said point being on the southerly right of way of Lane Avenue, thence North 04E 54' 05" East, with and along the southerly right of way line of Lane Avenue (right of way varies), a distance of 5.52 feet to an iron pin set on the northerly line of a 3 acres tract of land described to the State of Ohio, of record, in the aforementioned Deed Book 822, Page 126.
Thence, North 83E 54' 37" East, continuing with and along the southerly right of way line of Lane Avenue, a distance of 233.65 feet to an iron pin set.
Thence, South 1E 37' 47" West, leaving said Lane Avenue southerly right of way line and through said 3 acres tract, a distance of 362.51 feet to an iron pin set.
Thence, North 89E 02' 40" West, a distance of 227.47 feet to an iron pin set, said point being 19.70 feet southerly of the aforementioned 2.098 acres tracts southerly corner.
Thence, North 0E 35' 11" West, a distance of 19.70 feet to an iron pin found on the southeasterly corner of the aforementioned 2.098 acres tract.
Thence, North 0E 57' 20" East, with and along the easterly line of said 2.098 acres tract of land, a distance of 308.62 feet to the POINT OF BEGINNING, containing approximately 1.838 acres of land.
Bearing are based on a bearing of North 0E 57' 20" East, on the easterly line of the aforementioned 2.098 acres tract of land.
Iron pins set consist of a 30-inch long, 0.75 inch outer diameter galvanized pipe, with a plastic cap inscribed "A to Z Survey".
Description is based on a field survey of the premises performed on February 2002.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used retail uses, or those uses permitted in the L-UCRPD, Limited University College Research Park District.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed uses.
Section 4. That this ordinance is further conditioned that no automobile sales, service, repair or leasing shall be permitted on the subject property.
Section 5. That this ordinance is conditioned on the Subject Site being developed in general conformance with the plan "FIESTA CENTER 2", drawn by CDE, Civil Design Engineering, Inc. dated December 8, 2002 and signed by Jeff Brown, Attorney for the Applicant. This Plan, while illustrative of the general location of buildings and parking, is schematic and may be adjusted to reflect engineering, topographical, or other site data developed at the time of development and engineering plans are completed. The Director of the Department of Development shall review and may approve adjustments upon submission of the appropriate data regarding the proposed adjustment.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.