Explanation
Council Variance Application: CV11-012
APPLICANT: YDT Sinclair Road LLC, c/o Mark F. Taggart; 942 A Freeway Drive North; Columbus, Ohio 43229.
PROPOSED USE: Private (charter) school and/or office uses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is part of a large industrial/office park and is developed with an office building and two office/warehouse buildings zoned in the M-1, Manufacturing District. The office building was considered to be accessory to the industrial uses on the property when approved for construction in 1970, because it was to be used by businesses occupying the warehouses. Those businesses have since moved out of the office building and industrial buildings. The applicant requests a Council variance to allow a charter school within the office building, and to allow office uses within that same building that are not in conjunction with the on-site industrial uses. Schools and stand-alone offices are not permitted in the M-1, Manufacturing District. Approval of this request will not introduce an incompatible use to the area. Since the office/industrial park is surrounded by the freeway and residential uses, more objectionable manufacturing uses that are incompatible with the proposed school but are permitted in the M-1, Manufacturing District are not contemplated for the site.
Title
To grant a Variance from the provisions of Section 3365.001, M-1, Manufacturing District, of the Columbus City Codes; for the property located at 1050 FREEWAY DRIVE NORTH (43229), to allow a private (charter) school and office uses within an existing office building in the M-1, Manufacturing District (Council Variance # CV11-012) and to declare an emergency.
Body
WHEREAS, by application #CV11-012, the owner of property at 1050 FREEWAY DRIVE NORTH (43229), is requesting a Variance to allow a private (charter) school and office uses within an existing office building in the M-1, Manufacturing District; and
WHEREAS, Section 3365.001, M-1, Manufacturing District, prohibits schools and stand-alone office buildings, while the applicant proposes a private (charter) school and office uses within an existing office building; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes this development has included bike racks for employees, residents, or visitors that ride their bike by choice or because of limited alternatives; and
WHEREAS, City Departments recommend approval because the requested variance will not introduce an incompatible use to the area. The proposeed variance will allow a charter school within an existing office building, and will allow office uses within that same building that are not in conjunction with the on-site industrial uses. Schools and stand-alone offices are not permitted in the M-1, Manufacturing District. Since the office/industrial park is surrounded by the freeway and residential uses, more objectionable manufacturing uses that are incompatible with the proposed school but are permitted in the M-1, Manufacturing District are not contemplated for the site; 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 1050 FREEWAY DRIVE NORTH (43229), in using said property as desired and; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and now, therefore,
SECTION 1. That a variance is hereby granted from the provisions of Section 3365.001, M-1, Manufacturing District, of the Columbus City Codes for the property located at 1050 FREEWAY DRIVE NORTH (43229), insofar as said section prohibits private (charter) schools and stand-alone office buildings in the M-1, Manufacturing District; said property being more particularly described as follows:
1050 FREEWAY DRIVE NORTH (43229), being 10.06± acres generally located 600± feet northeast of the intersection of Freeway Drive North and Freeway Drive East, west of Interstate 71, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Quarter Township 4, Township 2, Range 18, United States Military Lands and being part of a certain 23.336 acre tract as described in a deed to Yoakam, Deagle & Taggart Sinclair Road Company, of record in Deed Book 2974, Page 363, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin at the northeasterly corner of the above mentioned 23.336 acre tract, and in the westerly right-of-way line of I-71;
Thence South 19 degrees 41' 00" West, along the easterly line of said 23.336 acre tract and the westerly right-of-way line of I-71, a distance of 276.46 feet to an iron pin at the southeasterly corner of said tract;
Thence with a curve bearing to the right having a radius of 3689.72 feet, the long chord which bears South 32 degrees 54' 03" West, a distance of 415.15 feet to an iron pin at the southeasterly corner of said tract;
Thence South 87 degrees 55' 30" West, along the southerly line of said tract 517.93 feet to a point;
Thence North 3 degrees 56' 00" East, 683.97 feet to a point in the northerly line of said tract;
Thence South 86 degrees 02' East, along the northerly line 791.19 feet to the place of beginning, and containing 10.0612 acres, more or less.
Known as Franklin County Auditor Parcel Number 010-017956.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said building addressed as 1050 Freeway Drive North, located on said property described above, is used as a private (charter) school and/or a stand-alone office building, or those uses permitted in the M-1, Manufacturing District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned upon the applicant providing bicycle parking in accordance with Section 3312.49 for the proposed school use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.