Explanation
Council Variance Application: CV04-025
APPLICANT: Georgesville Retail Center LLC; c/o Michael T. Shannon, Atty.; 500 South Front Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council Variance to begin construction of a retail development. A hardship exists because an error on the official zoning map which misidentified the residentially zoned portions of the subject site as being zoned commercial has prevented the applicant from commencing construction. A Council variance is necessary in that the R-1, Residential and C-5 Commercial Districts do not allow a retail strip center. The applicant has filed a rezoning, Z04-069 to the CPD.
Title
To grant a Variance from the provisions of Sections 3332.03, R-1, Residential District ; 3357.01, C-5, Commercial District; 3342.07, Drive-in stacking area; 3342.29, Minimum number of loading spaces required of the Columbus City Codes for property located at 4295 SULLIVANT AVENUE (43228), to permit a retail development in the R-1, Residential and C-5, Commercial Districts with reduced development standards and to declare an emergency. (Council Variance # CV04-025).
Body
WHEREAS, by application No. CV04-025 the owner of property at 4295 SULLIVANT AVENUE (43228), is requesting a Council Variance to permit retail uses with reduced development standards in the R-1, Residential and C-5, Commercial Districts; and
WHEREAS, Section 3332.03, R-1, Residential district, prohibits commercial use, while the applicant proposes to construct retail center in accordance with the standards of the C-4, Commercial District and the conditions contained herein; and
WHEREAS, Section 3357.01, C-5, Commercial district, prohibits retail use, while the applicant proposes to construct a retail center in accordance with the standards of the C-4, Commercial District and the conditions contained herein; and
WHEREAS, Section 3342.07, Drive-in stacking area, requires eight (8) stacking spaces while the applicant proposes five (5) stacking spaces; and
WHEREAS, Section 3342.29, Minimum number of loading spaces required, requires two loading spaces while the applicant proposes one loading space; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments recommend approval; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to time constrainsts the Applicant is experiencing in preparing the site for tenancy and thereby suffering a substancial financial harship for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 4295 SULLIVANT AVENUE (43228), 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 3332.03, R-1, Residential district; 3357.01, C-5, Commercial district; 3342.07, Drive-in stacking area; and 3342.29, Minimum number of loading spaces required, of the Columbus City Codes is hereby granted for property located at 4295 SULLIVANT AVENUE (43228), insofar as said sections prohibit retail uses in the R-1, Residential and C-5, Commercial Districts; with a reduced number of required stacking spaces from eight (8) to five (5); and the minimum number of loading spaces reduced from two (2) to one (1) , said property being more particularly described as follows:
DESCRIPTION OF 1.667-ACRE TRACT
WEST OF GEORGESVILLE ROAD
SOUTH OF SULLIVANT AVENUE
EAST OF I-270
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey No. 1425, being the 1.667-acre tracts of land (Auditor's Parcel No. 570-144443, 570-144445 and 570-129022) conveyed to Meijer Stores LP as recorded in Instrument Number 200104040069346 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning at an existing ¾" ID pipe at the northwesterly corner of Standard Oil Company (DB 3374, Pg 687) (PIN 570-129022), a southwesterly corner of a tract of land conveyed to The City of Columbus (DB 3374, Pg 684), also being in the easterly property line of a 0.401 acre tract (PIN 570-144445) conveyed to Owen W. and Goldie J. Maxwell (DB 1764, Pg 605) being the Point of Beginning;
Thence South 77°28'00" East a distance of 134.43 feet, along the southerly right of way of Sullivant Avenue, the southerly line of said City of Columbus tract, to a ¾" ID pipe set at the intersection of the southerly right of way of said Sullivant Avenue and westerly right of way of Georgesville Road;
Thence South 17°31'55" West a distance of 131.62 feet, along the westerly right of way of said Georgesville Road, to an existing ¾" ID pipe;
Thence South 19°34'43" West a distance of 132.60 feet, along the westerly right of way of Said Georgesville Road, to an existing ¾" ID pipe at the northeast property corner of William C. Ruoff (IN 199904210099209);
Thence North 73°58'42" West a distance of 264.91 feet, along the southerly property line of said Meijer Stores LP and northerly property line of said Ruoff, to an existing 5/8" ID pipe in the easterly property line of a 2.03 acre tract conveyed to Meijer Stores LP (IN 200104040069337);
Thence North 13°04'22" East a distance of 259.95 feet, along the easterly property line of said 2.03 acre tract, to a ¾" ID pipe in the southerly right of way of said Sullivant Avenue;
Thence South 77°31'35" East a distance of 89.62 feet, along the southerly right of way of said Sullivant Avenue, to a ¾" ID pipe set;
Thence South 13°06'09" West a distance of 7.00 feet, along a southerly right of way of said Sullivant Avenue, to a point;
Thence South 77°31'36" East a distance of 65.81 feet, along a southerly right of way of said Sullivant Avenue, to a point;
Thence South 13°17'28" West a distance of 6.50 feet, along a southerly right of way of said Sullivant Avenue, to the Point of Beginning containing 1.667 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2004.
Bearings are based upon a westerly right of way of Georgesville Road assumed as South 17'31'55" West and all other bearings based upon this meridian.
This description describes Parcels 1, 2 and 3 in Instrument Number 200104040069346 as recorded in the Franklin County Recorder's Office, Ohio and referred to in Laywers Title Insurance Corporation Case Number 04-28175.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a retail development for or those uses permitted in the C-4, Commercial District.
Section 3. That this ordinance is further conditioned on the following:
1. Unless specified in the following conditions, the proposed development shall comply with the regulations Chapter 3356, C-4, Regional Scale Commercial District. In the case of a conflict between the regulations in Chapter 3356 and the following conditions, the following conditions shall prevail.
2. Any and all traffic-related commitments shall be designated and located to the specifications of the City of Columbus Transportation Division. Curb cuts shall be approved by the City of Columbus Transportation Division. Access to and from the Site shall be provided along both Sullivant Avenue (full access) and Georgesville Road (right-in / right-out). An access drive-aisle connecting the Site to the existing Meijer Store, located immediately west of the Site, shall also be provided.
3. Unless otherwise indicated herein, the applicable development standards shall be those standards contained in Chapter 3356 (C-4) of the Columbus City Code.
4. Building Setbacks: The minimum building setback from Sullivant Avenue shall be fifty (50) feet from the property line. The minimum building setback from Georgesville Road shall be fifty (50) feet from the property line.
5. Parking Setback: The minimum parking and pavement setback from Sullivant Avenue and Georgesville Road shall be twenty-five (25) feet.
6. Lot coverage for all buildings and pavement shall not exceed 80%.
7. Sidewalks shall be provided along Sullivant Avenue and Georgesville Road.
8. All trees and landscaping shall be well maintained. Dead plant material shall be replaced within six (6) months or the next planting season, whichever occurs first. The minimum size of trees at the time of planting shall be as follows: Deciduous: 2 ½ inches caliper, Ornamental: 1 ½ inches caliper, Evergreen: 5 feet. The minimum size of shrubs shall be two (2) gallons. Caliper shall be measured 6 inches above grade.
9. Building illumination shall be permitted provided such light source is concealed. No colored lights shall be used to light the exterior of the building.
10. Building materials shall be traditional and natural in appearance, using materials such as wood; brick; natural or synthetic stone; natural or synthetic stucco; split concrete block; steel; textured or colored metal; marble; smooth, textured concrete; EIFS and/or glass, or a combination thereof. Buildings featuring an exterior finish consisting entirely of glass, and the use of reflective or mirrored glass, are not permitted.
11. All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
12. All external lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
13. Except for decorative lighting, all other light poles on a site shall be metal or fiberglass and such light poles shall be the same color. Light poles in the parking lots shall not exceed eighteen (18) feet in height.
14. Building-mounted area lighting within the parcel shall utilize fully shielded cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
15. Any new or relocated utility lines shall be installed underground unless the applicable public utility company directs or requires otherwise.
16. All lighting shall be positioned as to not be directed toward any residential area.
17. All graphics conforming to the applicable provisions of Article 15 of the Columbus City Code except to the extent variances are granted by the Columbus Graphics Commission.
18. The site be developed in accordance with the plan "Georgesville Retail Center ***** Georgesville Road Site Layout Plan" signed by Michael T. Shannon, Attorney for the applicant and dated October 14, 2004.
Section 4. That the applicant shall file and be granted rezoning of the property to the appropriate commercial district within 4 months of approval of this Council variance.
Section 5. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 6. 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.