Explanation
Council Variance Application: CV03-012
APPLICANT: State Street/Schrock Development, Inc. c/o Jackson B. Reynolds III. Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: To allow a fraternal organization.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow a fraternal organization in the CPD, Commercial Planned Development District. A Council variance is necessary in that the development plan for the CPD, Commercial Planned Development District specifically prohibits private club uses, including fraternal organizations. A hardship exists in that a Council variance is able to specifically limit the type of private club to be permitted, whereas rezoning the property to allow private club uses would permit other uses found under the private club definition that may not be appropriate for the area.
Title
To grant a Variance from the provisions of Section 3361.03 D., Development plan, for the property located at 1920 SCHROCK ROAD (43229), to permit a fraternal organization in the CPD, Commercial Planned Development District. (Council Variance # CV03-012) and to declare to an emergency. (REPEALED BY ORD. 1689-2017; PASSED 7/10/2017)
Body
WHEREAS, by application No. CV03-012, the owner of property at 1920 SCHROCK ROAD (43229), is requesting a Council variance to permit a fraternal organization in the CPD, Commercial Planned Development District; and
WHEREAS, the Loyal Order of Moose, a fraternal organization, headquartered in the United States and a recognized not-for-profit organization that primarily devoted to community service activities such as supporting retirement communities for senior members and a home and school for children in need with the focus of the organization on families and community service activities supported by members of the chapter; and
WHEREAS, Membership in the Order of the Moose is required to participate in fraternal activities, therefore in order to attain membership an individual must be sponsored by a member in good standing, submit an application and (greater than $20) fee, undergo a thorough review of his or her qualifications. The leadership committee must review the candidate's membership application and only then may the candidate's nomination be submitted to the full membership for a vote on approval of the candidate's application for inclusion in the fraternal organization. If approved the new member must undergo an initiation process be granted full membership in the organization. Those members using the family center must be in good standing with the organization to utilize the facilities; and
WHEREAS, the Moose Family Center offers a variety of activities including the serving of alcoholic beverages, however those beverages may not be purchased by non-members as only members are permitted the privilege of purchasing alcoholic beverages within the family center. In order to maintain the rolls of those in good standing and to conduct fraternal business the leadership committee of the lodge should meet at least twice a month and the full membership gather at least once a month to insure compliance with the requirements of the fraternal organization by-laws and the requirement comprising this council variance; and
WHEREAS, Section 3371.03 D., Development plan, reports the overall concept of a proposed development, which for this property specifically includes the prohibited use of private clubs, while the applicant proposes to convert a vacant tenant space into a fraternal organization; and
WHEREAS, City Departments recommend approval and note a hardship exists because the development plan for the CPD, Commercial Planned Development District specifically prohibits private club uses, including fraternal organizations, and a Council variance is able to specifically limit the type of private club to be permitted, whereas rezoning the property to allow private club uses would permit other uses found under the private club definition that may not be appropriate for the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and 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 owners of the property located at 1920 SCHROCK ROAD (43229), in using said property as desired; now, therefore: and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to allow for the commitment of construction of the subject space as the Lodge is without a meeting location at this time and it is important to initiate the construction to provide a facility to hold scheduled Lodge functions for the preservation of the public health, peace, property, safety, and welfare; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Variance from the provisions of Section 3361.03, Development plan, is hereby granted for the property located at 1920 SCHROCK ROAD (43229), in that said development plan prohibits private club use, including fraternal organizations, in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
1920 SCHROCK ROAD (43229), being 2.75+/- acres located on the north side of Schrock Road opposite the northern terminus of Sharon Woods Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 1, Township 2, Range 18, United States Military Lands, containing 2.752 acres of land, more or less, said 2.752 acres being part of Lot 915 of Sharon Woods Section 8, of record in Plat Book 45, Pages 82 and 83, Recorder's Office, Franklin County, Ohio, said 2.752 acres of land being more particularly described as follows:
Beginning, for reference, at a point in a curve at the centerline intersection of (New) Schrock Road and Sharon Woods Boulevard (70 feet in width) as said intersection is shown and delineated upon the recorded plat of said Sharon Woods Section 8; thence northeastwardly with the centerline of said (New) Schrock Road, the same being the arc of a curve to the left having a radius of 954.93 feet, a central angle of 4° 42' 04" and a chord that bears N 66° 56' 18" E, a chord distance of 78.33 feet to a point of compound curvature; thence northeastwardly, with the centerline of said (New) Schrock Road, the same being the arc of a curve to the left having a radius of 1909.86 feet, a central angle of 6° 00' 00" and a chord that bears N 61° 35' 16" E, a chord distance of 199.91 feet to the point of tangency; thence N 58°35' 16" E, with the centerline of said (New) Schrock Road, a distance of 39.74 feet to a point in a northerly boundary of said Sharon Woods Section 8, the same being in the eastwardly extension of the southerly right-of-way line of Interstate Route 270; thence N 76° 24' 15" W, with the boundary of said Sharon Woods Section 8 and with the eastwardly extension of the southerly right-of-way line of said Interstate Route 270, a distance of 122.21 feet to the true point of beginning in the northerly line of said Lot 915 at the northernmost corner of the 0.248 acre tract of land referred to as PARCEL 12 WD1 and appropriated for additional right-of-way purposes for (New) Schrock Road;
Thence from said true point of beginning, with a northwesterly boundary of said PARCEL 12-WD1, crossing part of said Lot 915, the following two (2) courses and distances;
S 60° 35' 25" W, a distance of 176.99 feet to a point;
S 71° 37' 26" W, a distance of 293.16 feet to an angle point in the northerly right-of-way line of said (New) Schrock Road;
Thence N 88° 48' 30" W, with the southerly line of said Lot 915 and with the northerly right-of-way line of said (New) Schrock Road, a distance of 213.83 feet to the southwesterly corner of said Lot 915;
Thence northwardly and northeastwardly with the westerly and northwesterly boundary of said Lot 915, the following three (3) courses and distances:
1. N 1° 27' 30" E, a distance of 195.22 feet to a point;
2. N 59° 16' 30" E, a distance of 158.60 feet to a point;
3. N 75° 32' 30" E, a distance of 42.99 feet to a point in the southerly right-of-way line of said Interstate Route 270;
Thence S 76° 24' 15" E, with the northerly line of said Lot 915 and with the southerly right-of-way line of said Interstate Route 270, a distance of 476.60 feet to the true point of beginning and containing 2.752 acres of land, more or less.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a fraternal organization, not to exceed 3705 square feet of space on the east end of the existing shopping center structure, or those uses permitted in the CPD, Commercial Planned Development District.
Section 3. That this ordinance is further conditioned upon the location of the entry doors to the fraternal organization be on the east facade of the structure.
Section 4. That this ordinance is further conditioned upon the fraternal organization providing at least 150 parking spaces.
Section 5. That this ordinance is further conditioned upon the hours of operation for the fraternal organization be Monday through Thursday 11:00 AM-11:00 PM, and Friday through Saturday, 12:00 PM-1:00 AM. If the organization is open for a special event on Sunday, the hours of operation will be 11:00 AM-11:00 PM.
Section 6. That this ordinance is further conditioned upon no outdoor seating being permitted for the organization in conjunction with the purchase of food or alcohol. There may be limited outdoor events that are scheduled for fund raising purposes only, and may occur on Saturday 12:00 PM-11:00 PM, or Sunday, 11:00AM-10:00PM, and be limited to only four times per year.
Section 7. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed new use of the existing building.
Section 8. 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 inforce from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.