Explanation
Council Variance Application: CV23-030
APPLICANT: SBH Medical; c/o Jackson B. Reynolds, Atty.; 37 W. Broad St., Suite 460; Columbus, OH 43215.
PROPOSED USE: Pharmacy.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with three office buildings in the CPD, Commercial Planned Development District. A Council variance is required because this CPD district only permits uses allowed in the C-2 district, while the applicant proposes a pharmacy, which is considered a C-1, Commercial District use. The request is consistent with the “Employment Center” land use recommendation of the Far North Area Plan (2014). Staff supports the proposed use as it is consistent with the area plan and will not add an incompatible use to the neighborhood.
Title
To grant a Variance from the provisions of Sections 3353.03, C-2 permitted uses; and 3361.02, CPD Permitted uses, of the Columbus City Codes; for the property located at 7654 CROSSWOODS DR. (43085), to permit a pharmacy in the CPD, Commercial Planned Development District and to declare an emergency. (Council Variance #CV23-030).
Body
WHEREAS, by application #CV23-030, the owner of property at 7654 CROSSWOODS DR. (43085) is requesting a Council variance to permit a pharmacy use in the CPD, Commercial Planned Development District; and
WHEREAS, by Ordinance #1145-82 (Rezoning Application #Z81-115), Section 3353.03, C-2 Permitted uses, is utilized to identify the specific uses permitted in Subarea 3 of the CPD, Commercial Planned Development District; and
WHEREAS, Section 3353.03, C-2 permitted uses, does not permit a pharmacy, while the applicant proposes to permit up to 12,848 square feet of pharmacy use at this location; and
WHEREAS, Section 3361.02, CPD Permitted uses, specifies C-2 district uses, and does not permit pharmacy uses, while the applicant proposes up to 12,848 square feet of pharmacy use at this location; and
WHEREAS, the City Departments recommend approval because this request is consistent with the land use recommendations of the Far North Area Plan and will not add an incompatible use to the neighborhood; 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 owner of the property located at 7654 CROSSWOODS DR. (43085) in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus on that it is immediately necessary to pass this ordinance due to the need the tenant has lost its lease and needs to relocate to the subject site so it can remain in operation and continue to supply medications to its clients 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 Sections 3353.03, C-2 Permitted uses; 3361.02, CPD Permitted uses, of the Columbus City Codes; is hereby granted for the property located at 7654 CROSSWOODS DR. (43085), insofar as said sections prohibit a pharmacy in this CPD, Commercial Planned Development District; said property being more particularly described as follows:
7654 CROSSWOODS DR. (43085), being 6.12± acres located at the northeast corner of Crosswoods Drive and East Campus View Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Lots 59 and 60 of Section 2, Township 2, Range 18, United States Military Lands and being part of the 6.336 acre tract conveyed to Campus Corporate Center by deed of record OR4504G15 records of The Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at the point of centerline intersection of Campus View Boulevard (being 80.00 feet in width) and Crosswoods Drive (being 60.00 feet in width) as delineated upon the Dedication of Campus View Boulevard, Crosswoods Drive and Easements Crosswoods Center Section Two and shown of record in Plat Book 61, Page 79;
Thence N 82 deg. 10’ 07” E, a distance of 62.60 feet, along the centerline of Campus View Boulevard to a point;
Thence N 07 deg. 49’ 53” W, a distance of 40.00 feet, to a point in the northerly right-of-way line of Campus View Boulevard and the southerly line of the said 6.336 acre tract said point being the point of true beginning for the herein described tract;
Thence the following three (3) courses and distances along the westerly line of the said 6.336 acre tract and the easterly right-of-way line of said Crosswoods Drive:
Thence along a curve to the right having a radius of 20.00 feet a central angle of 101 deg. 00’ 00” the chord to which bears N 47 deg. 19’ 53” W, a chord distance of 30.86 feet, to the point of tangency;
Thence N 3 deg. 10’ 07” E, a distance of 318.59 feet to a point of curvature;
Thence along a curve to the left having a radius of 380.00 feet a central angle of 44 deg. 28’ 22” the chord to which bears N 19 deg. 04’ 04” W, a chord distance of 287.61 feet, to a point at a common corner to the said 6.336 acre tract and the Moose Lodge tract of record in OR5732H18;
Thence S 86 deg. 35’ 18” E, a distance of 549.24 feet, along the northerly line of the said 6.336 acre tract and a portion of the southerly line of the said Moose Lodge tract to a point at the northeasterly corner of the said 6.336 acre tract;
Thence S 4 deg. 44’ 14” E, a distance of 423.18 feet, along the easterly line of the said 6.336 acre tract to a point;
Thence the following two (2) courses and distances across the said 6.336 acre tract;
Thence S 82 deg. 10’ 07” W, a distance of 107.54 feet, to a point;
Thence S 7 deg. 49’ 53” E, a distance of 89.00 feet, to a point in the southerly line of the said 6.336 acre tract and the northerly right-of-way line of Campus View Boulevard.
Thence S 82 deg. 10’ 07” W, a distance of 393.43 feet, along the southerly line of the said 6.336 acre tract and the northerly right-of-way line of Campus View Boulevard to the point of true beginning containing 6.121 acres, more or less. Make sure legal is on the zoning map.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a pharmacy with a maximum of 12,848 square feet, and/or those uses permitted by the CPD, Commercial Planned Development District zoning on this property as permitted by Ordinance #1145-82 (Z81-115).
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.
SECTION 4. 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.