Explanation
Council Variance Application CV20-006
APPLICANT: Hickory Capital Group, LLC; c/o Charlie Fraas, Agent; 250 Civic Center Drive, Suite 500; Columbus, OH 43215
PROPOSED USE: Self-storage facility.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is comprised of one parcel developed with a private school zoned in the CPD, Commercial Planned Development District (Ordinance #162-82; Z81-099). The requested Council variance will permit the infill development of an indoor climate-controlled self-storage facility proposed south of the existing building. Self-storage facilities are only permitted in the M, M-1, or M-2, Manufacturing districts, while this CPD district only allows C-4, Commercial District uses; therefore the Council variance is necessary. A variance to increase the maximum building height for the proposed building (50 feet in H-35) is also included in the request. The request is consistent with the community commercial land use recommendation of The Northwest Plan (2016) and includes design elements that meet commercial design guidelines.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 permitted uses; Section 3361.02, CPD permitted uses; and Section 3361.03(E), Development plan, for the property located at 7690 NEW MARKET CENTER WAY (43235); to allow an indoor self-storage facility with increased building height in the CPD, Commercial Planned Development District (Council Variance #CV20-006).
Body
WHEREAS, by application #CV20-006, the owner of property at 7690 NEW MARKET CENTER WAY (43235), is requesting a Council variance to allow a self-storage facility with increased building height in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3353.03, C-4 permitted uses, prohibits self-storage facilities, while the applicant proposes to develop the site with a self-storage facility; and
WHEREAS, Section 3361.02, CPD permitted uses, prohibits self-storage facilities, while the applicant proposes to develop the site with a self-storage facility; and
WHEREAS, Section 3361.03(D), Development plan, reports the overall concept of a proposed development, which for this property established a thirty-five (35) foot maximum building height limitation for uses other than hotel or office, which are limited to a sixty-five (65) foot building height limitation per Ordinance No. 162-82 (Rezoning Application Z81-099), while the applicant proposes an indoor self-storage facility that is 50 feet in height; and
WHEREAS, the requested variance will allow a self-storage facility that is consistent with the land use recommendations of the The Northwest Plan , and incorporates a design that meets the Plan’s commercial design guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; 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 7690 NEW MARKET CENTER WAY (43235), 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 Section 3356.03, C-4 permitted uses; Section 3361.02, CPD permitted uses; and Section 3361.03(E), Development plan, is hereby granted for the property located at 7690 NEW MARKET CENTER WAY (43235), in that said development plan prohibits a self-storage facility in the CPD, Commercial Planned Development District, with an increased building height from 35 feet to 50 feet; said property being more particularly described as follows:
7690 NEW MARKET CENTER WAY (43235), being 10.19± acres located at the southeast corner of Billingsley Road and New Market Center Way, and being more particularly described as follows:
Outparcel 4
10.354 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 1, Township 2, Range 19 United States Military Lands, being part of that 15.856 acre tract (Tract I) and all of that 0.226 acre tract (Tract II) conveyed to New Market Acquisition Ltd. by deed of record in Instrument Number 199706030012668 (all references are to the records of the Recorder’s Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument 7775 found at the intersection of the projected centerline of Billingsley Road with the construction centerline of Sawmill Road.
Thence South 87˚10’6” East, with projected centerline and centerline of said Billingsley Road, a distance of 1100.24 feet to a point at the intersection of said centerline and the northerly projection of the easterly line of said 15.856 acre tract;
Thence South 02˚46’56” West, with the projected easterly line of said 15.856 acre tract, a distance of 45.00 feet to an iron pin set at the northeasterly corner of said 15.856 acre tract, the southeasterly corner of that 0.8626 acre tract conveyed to the City of Columbus of record in Official Record 04968E09 and on the northerly Right-of-Way line of said Billingsley Road, the TRUE POINT OF BEGINNING.
Thence South 02˚46’56” West, with the westerly line of that 0.8316 acre tract conveyed to Donald L. and Susan M. Burton of record in the Official Record 16617F14 and Official Record 10813110, the westerly line of that 5 acre tract conveyed to Storage Equities Inc. & PS Partners III, Ltd. of record in Official Record 5763J06, a distance of 930.31 feet to a ¾ inch solid iron rod found at the southwesterly corner of said 5 acre tract;
Thence across said 15.856 acre tract, the following courses and distances:
North 87˚15’03” West, a distance 30.16 feet, to a magnetic nail set;
North 02˚48’17” East, a distance of 323.85 feet to a magnetic nail set at a point of curvature;
with the arc of a curve to the left, having a central angle of 90˚01’22”, a radius of 14.50 feet, an arc length of 22.78 feet and a chord bearing distance of North 42˚12’24” West, 20.51 feet to a magnetic nail set;
North 87˚13’05” West, a distance of 98.81 feet to a magnetic nail set at a point of curvature;
with the arc of a curve to the left, having a central angle of 45˚07’32”, a radius of 49.50 feet, an arc length of 38.99 feet and a chord bearing and distance of South 70˚13’09” West, 37.99 feet to a magnetic nail set at a point of reverse curvature;
with the arc of a curve to the right having a central angle of 44˚57’50”, a radius of 76.50 feet, an arc length of 60.03 feet and a chord bearing and distance of South 70˚08’18” West, 58.51 feet to a magnetic nail set;
North 87˚22’47” West, a distance of 219.00 feet to a magnetic nail set at a point of curvature;
with the arc of a curve to the left having a central angle of 20˚12’00”, a radius of 125.50 feet, an arc length 44.25 feet and a chord bearing and distance of South 82˚31’13” West, 44.02 feet to a magnetic nail set at a point of reverse curvature;
with the arc of a curve to the right having a central angle of 20˚12’03”, a radius of 111.50 feet, and arc length of 39.31 feet an a chord bearing and distance of South 82˚31’14” West, 39.11 feet to a magnetic nail set;
North 87˚22’41” West, a distance of 83.06 feet to a magnetic nail set at a point of curvature;
with the arc of a curve to the left, having a central angle of 89˚48’59” a radius of 14.50 feet, an arc length of 22.73 feet and a chord bearing and distance of South 47˚42’46” West, 20.47 feet to a magnetic nail set;
South 02˚48’17” West, a distance of 62.82 feet to a magnetic nail set at a point of curvature;
with the arc of a curve to the right, having a central angle 82˚09’52” a radius of 35.50 feet, an arc length of 50.91 feet and a chord bearing and distance of South 43˚53’13” West, 46.66 feet to a magnetic nail set on the easterly line of that 2.070 acre tract conveyed to N and D Restaurants Inc. of record in Instrument Number 200903130035688;
Thence North 02˚48’17” East, with the easterly line of said 2.070 acre tract and the easterly line of that 1.093 acre tract conveyed to Wendy’s International Inc. of record in Official Record 7176A11 and the easterly line of that 1.626 acre tract conveyed to McDonalds Corp. of record in Official Record 5945J14, a distance of 524.45 feet to an iron pin set at the northeasterly corner of said 1.626 acre tract;
Thence with the northerly and westerly lines of said 1.626 acre tract the following courses and distances:
North 87˚09’42” West, a distance 277.85 feet to an iron pin set;
South 02˚52’23” West, a distance of 10.78 feet to an iron pin set;
North 87˚09’42” West, a distance of 41.00 feet to an iron pin set;
South 13˚22’30” West, a distance of 60.00 feet to an iron pin set;
South 18˚04’59” West, a distance of 44.43 feet to an iron pin set;
Thence South 15˚02’35” West, with the westerly line of said 1.626 acre tract and the westerly line of the said 1.093 acre tract, a distance of 151.79 feet to an iron pin set;
Thence South of 02˚52’23” West, with the westerly line of said 1.093 acre tract, a distance of 69.93 feet to an iron pin set;
Thence South 10˚05’46” East, with the westerly line of said 1.093 acre tract, a distance of 9.35 feet to an iron pin set on the northerly line of said 2.070 acre tract;
Thence North 87˚08’48” West, with the northerly line of said 2.070 acre tract, a distance of 23.60 feet to an iron pin set at the northwesterly corner of said 2.070 acre tract, the northeasterly corner of that 1.74 acre tract conveyed to the State of Ohio of record in Deed Book 2822, Page 687 (4121WL) and on the easterly Right-of-Way of Sawmill Road (width varies) (Road Record 24, Page 310);
Thence with the easterly Right-of-Way of said Sawmill Road, the easterly line of that 0.14 acre tract (4120-BWL) conveyed to the State of Ohio of record in Deed Book 2842, Page 285, that 0.14 acre tract (Parcel 5, former 4120B-WL) and that 1.56 acre tract (Parcel 3, former 4120A-WD) conveyed to the Board of Commissioners of Franklin County of record in Deed Book 3135, Page 641, the following courses and distances:
North 10˚05’46” West, a distance of 6.68 feet to an iron pin set;
North 02˚52’23” East, a distance of 75.00 feet to an iron pin set;
North 15˚02’35” East, a distance of 151.79 feet to an iron pin set;
North 02˚52’30” East, a distance of 110.16 feet to an iron pin set;
North 02˚52’23” East, a distance of 43.00 feet to an iron pin set at the southwesterly corner of that tract of land conveyed to Marathon Ashland Petroleum LLC. of record in Deed Volume 3072, Page 564 and Instrument Number 200706110101783;
Thence South 87˚09’42” East, with the southerly line of said Marathon Ashland Petroleum LLC. tract and the southerly line of that 0.760 acre tract conveyed to Taco Bell of America of record in Instrument Number 19990426013148, a distance of 364.39 feet to ¾ inch iron pipe found (nine inches deep) (passing a ¾ pipe found at 190.38 feet);
Thence North 02˚48’17” East with easterly line of said .760 acre tract, a distance of 190.32 feet to an iron pin set on the southerly Right-of-Way of Billingsley Road (width varies) and the southerly line of said 0.8626 acre tract;
Thence South 87˚10’06” East, with the southerly Right-of-Way of said Billingsley Road and the southerly line of said 0.8626 acre tract, a distance 661.12 feet to the TRUE POINT OF BEGINNING and containing 10.354 acres, more or less from Auditor’s Parcel Number 590-135891, excluding 0.16 acres in the right-of way of Sawmill Road;
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). A bearing of South 87˚10’06” East was established for the southerly right-of-way of Billingsley Road from GPS observations of Franklin County Engineering Department monuments FCGS 7772 and FCGS 7769.
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 or those uses permitted in the C-4, Commercial and CPD, Commercial Planned Development District in accordance with Ordinance #162-82 (Rezoning Application Z81-099).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.