Explanation
Council Variance Application: CV08-034
APPLICANT: Franklin County Commissioners; c/o James Kinney; 277 West Nationwide Boulevard; Columbus, Ohio 43215.
PROPOSED USE: Animal shelter.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a vacant building and zoned in the C-4, Commercial District. The applicant is requesting a Council variance to allow an animal shelter with outdoor runs, cages, or structures for open air confinement of animals in the C-4, Commercial District. Animal shelters with outdoor runs are permitted only in an M or M-1 Manufacturing District with a Special Permit. The applicant is also requesting a reduction of required parking spaces. The site is located within the boundaries of the Northland Plan: Volume I (2001), which recommends that the area be redeveloped mixed-use site. The outdoor activities for the animals are required to be supervised, with group activities allowed until 8:00 p.m. and individual animal activities allowed until 9:00 p.m. Site design and use restrictions make the proposed animal shelter with outdoor runs compatible with existing uses in the area.
Title
To grant a Variance from the provisions of Sections 3356.05, C-4 district development limitation; 3372.809, Parking and circulation; and 3389.032, Animal kennel or animal shelter, of the Columbus City Codes, for the property located at 1865 MORSE ROAD (43229), to permit an animal shelter with outdoor runs, cages, or structures for open air confinement of animals to be utilized for supervised activities with reduced development standards in the C-4, Commercial District and to declare an emergency. (Council Variance #CV08-034)
Body
WHEREAS, by application No. CV08-034, the owner of property at 1865 MORSE ROAD (43229), is requesting a Council variance to allow an animal shelter with structures for open air confinement and reduced development standards in the C-4, Commercial District; and
WHEREAS, Section 3356.05, C-4 district development limitation, requires that all activities for an animal shelter be conducted indoors, while the applicant proposes to conduct outdoor activities at the animal shelter; 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 the financial impact on this County project as well as upon the taxpayers for the time held on this project for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3372.809, Parking and circulation, allows a reduction in the required number of parking spaces by 5%, reducing the required spaces from 194 to 184, while the applicant proposes a reduction in the minimum number of required parking spaces by 10%, providing a total of 175 parking spaces; and
WHEREAS, Section 3389.032, Animal kennel or animal shelter, requires a Special Permit for an animal shelter with outdoor runs, cages, or structures for open air confinement of animals and allows such a shelter to be located only in an M or M-1 Manufacturing District, while the applicant proposes to locate an animal shelter with outdoor runs, cages, or structures for open air confinement in a C-4, Commercial District without a Special Permit; and
WHEREAS, City Departments recommend approval: 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 1865 MORSE ROAD (43229), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variances from the provisions of Sections 3356.05, C-4 district development limitation; 3372.809, Parking and circulation; and 3389.032, Animal kennel or animal shelter, of the Columbus City Codes, for the property located at 1865 MORSE ROAD (43229), insofar as said sections prohibit an animal shelter with outdoor runs, cages, or structures for open air confinement of animals with supervised outdoor activities and a reduction in required parking spaces from 184 to 175 parking spaces, said property being more particularly described as follows:
8.515 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Quarter Township 1, Township 1, Range 18, United States Military District, and being a part of that 14.583 acre tract as conveyed to Northland Village Developers LLC by deed of record in Instrument Number 200803170040639 and all of that 2.395 acre tract as conveyed to Northland Village Developers, LLC by deed of record in Instrument Number 200808130123822 (all references being to those of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the centerline intersection of Dresden Street, and Fenton Street as shown in subdivision entitled "Randles Subdivision" of record in Plat Book 27, Page 32, and being on the easterly line of a tract of land conveyed to the City of Columbus in Deed Book 2794, Page 58;
thence with the centerline of said Dresden Street, the following courses and distances:
North 03° 38' 58" East, a distance of 129.53 feet to a point of curvature to the left;
with the arc of said curve, having a central angle of 08° 43' 00", a radius of 459.95 feet, an arc length of 69.97 feet, a chord bearing and distance of North 02° 26' 11" West, 69.91 feet to a point;
North 06° 47' 41" West, a distance of 31.90 feet to a point of curvature to the right;
with the arc of said curve, having a central angle of 10° 15' 15", a radius of 390.09 feet, an arc length of 69.81 feet, a chord bearing and distance of North 01° 40' 03" West, 69.72 feet to a point;
North 03° 27' 34" East, a distance of 98.82 feet to a point;
thence North 86° 32' 26" West, across the right-of-way of said Dresden Street and across Reserve "C" of that subdivision entitled "Fountain Square" of record in Plat Book 43, Page 87 as conveyed to Deffet Rentals Inc. by deed of record in Deed Book 3107, Page 76, a distance of 31.00 feet to an iron pin set on the easterly line of said 14.583 acre tract, being the TRUE POINT OF BEGINNING;
thence across said 14.583 acre tract, the following courses and distances:
North 86° 12' 05" West, a distance of 643.46 feet to an iron pin set;
North 03° 20' 11" East, a distance of 460.13 feet to an iron pin set;
North 86° 42' 40" West, a distance of 121.97 feet to an iron pin set on the arc of a curve to the left, in an easterly line of the remainder of that 75.434 acre tract as conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200301300030458 as leased to Columbus Urban Growth Corporation (99 Year Lease) of record in Instrument Numbers 200312290404389 and 200507290152157;
thence with the common line to said 73.434 acre tract and said remainder 14.583 acre tract, the following courses and distances:
with the arc of said curve, having a central angle of 65° 32' 17", a radius of 62.00 feet, an arc length of 70.92 feet, a chord bearing and distance of North 10° 52' 06" West, 67.12 feet to a point of reverse curvature;
with the arc of said curve, having a central angle of 47° 09' 23", a radius of 38.00 feet, an arc length of 31.26 feet, a chord bearing and distance of North 20° 03' 33" West, 30.40 feet to a point;
North 03° 31' 08" East, a distance of 2.06 feet to an iron pin set on the northerly corner of said 14.583 acre tract, at the southerly terminus of the easterly right-of-way line of Tamarack Boulevard of record in Plat Book 111, Page 67, being at the southwesterly corner of Lot 2 of that subdivision entitled "Tamarack Boulevard Dedication and Easement" of record in Plat Book 111, Page 67;
thence South 86° 32' 26" East, with the common line of said 14.583 acre tract and said Lot 2, a distance of 795.14 feet to an iron pin set at the easterly common corner of said 14.583 acre tract and said Lot 2, being on the westerly line of Lot 2 of said Fountain Square as conveyed to State of Ohio Department of Natural Resources Parcel III-Fountain Square III by deed of record in Official Record 11889C20;
thence South 03° 27' 34" West, with the westerly line of Lot 2 and Reserve "C" of said "Fountain Square", a distance of 558.54 feet to the TRUE POINT OF BEGINNING and containing 8.515 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins found or 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 northerly right-of-way of Shanley Drive was assigned a bearing of North 86° 28' 48" West as determined from Franklin County Survey Control Monuments CLARK and CLARK AZIMUTH using the Ohio State Plane Coordinate System, South Zone as per NAD83 (1986 adjustment).
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an animal shelter with outdoor runs, cages, or structures for open air confinement of animals with supervised outdoor activities or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned that all outdoor activities for groups of animals would end by 8:00 p.m., with individual interaction with the animals permitted outdoors until 9:00 p.m. All outdoor activities with the animals shall be supervised.
SECTION 4. That this ordinance is further conditioned on development to be consistent with the plan titled, "FRANKLIN COUNTY DOG SHELTER," signed by James Kinney and dated December 17, 2008. Any slight adjustment to the site plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
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.