Explanation
Council Variance Application: CV06-023
APPLICANT: Anderson Properties Limited Partnership; c/o Christopher A. Rinehart; 366 East Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Child day care center.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The property, which has been utilized for commercial, manufacturing and warehouse uses, was annexed into the city of Columbus in 1999 and has remained zoned in the R, Rural District. This council variance would allow a child day care center as a principal use in the existing building. Child day care centers are only permitted in the R, Rural District if they are accessory uses located within a school or religious facility. The applicant has committed to a follow-up rezoning after the council variance process. The proposed child day care center is compatible with the development and zoning patterns of the area. Staff supports the request but is concerned with the difficulty of enforcing Section 3 and Section 4 and the precedent setting aspect of these two conditions.
Title
To grant a Variance from the provisions of Sections 3332.02, R, Rural District, and 3332.06, R-rural area district requirements, of the City of Columbus codes, for the property located at 2816 MORSE ROAD (43231), to permit a child day care center in the R, Rural District and to declare an emergency. (Council Variance # CV06-023)
Body
WHEREAS, by application No. CV06-023, the owner of property at 2816 MORSE ROAD (43231), is requesting a Council Variance to permit a child day care center as a principal use in the R, Rural District; and
WHEREAS, Section 3332.02, R, Rural District, prohibits a child day care center unless it is an accessory use located within a school or religious facility, while the applicant proposes to establish a child day care center as a principal use; 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 to obtain a building permit as soon as possible for purposes of the daycare center which is the subject of the council variance request for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3332.06, R-rural area district requirements, requires a minimum lot size of five (5) acres, while the applicant proposes to utilize the existing building on the 3.99± acre lot; and
WHEREAS, City Departments recommend approval because the proposed child day care center is compatible with the development and zoning patterns of the area. The property, which has been utilized for commercial, manufacturing and warehouse uses, was annexed into the city of Columbus in 1999 and has remained zoned in the R, Rural District. This council variance would allow a child day care center as a principal use in the existing building. Child day care centers are only permitted in the R, Rural District if they are accessory uses located within a school or religious facility. The applicant has committed to a follow-up rezoning after the council variance process. Staff supports the request but is concerned with the difficulty of enforcing Section 3 and Section 4 and the precedent setting aspect of these two conditions; and
WHEREAS, said ordinance is conditioned to require the applicant to apply for a rezoning within four (4) months of approval of this council variance, receive a recommendation of approval for the rezoning application from Northland Community Council with any conditions of such approval resolved satisfactorily to the Northland Community Council, and complete the rezoning process within 12 months of submitting the rezoning application, 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 2816 MORSE ROAD (43231), 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 3332.02, R, Rural District and 3332.06, R-rural area district requirements, of the City of Columbus codes, for the property located at 2816 MORSE ROAD (43231), insofar as said sections prohibit a child day care center that is not an accessory use located within a school or religious facility on a lot less than five (5) acres; said property being more particularly described as follows:
2816 MORSE ROAD (43231), being 3.99± acres located on the north side of Morse Road at the intersection with Chesford Road, and being more particularly described as follows:
LEGAL DESCRIPTION
Situate in the State of Ohio, County of Franklin, Blendon Township, Quarter Township 3, Township 2, Range 17, United State Military Lands and being more particularly described as follows:
Beginning at an angle point in the existing City of Columbus Corporation Line as established by Ordinance Number 938-73 of record in Miscellaneous Book 160, Page 71, said point being the northeasterly corner of a 2 acre lot owned by Anderson Properties Limited Partnership;
Thence Southerly, a distance of 673 feet, more or less, along the said existing City of Columbus Corporation Line being the easterly line of said 2 acre tract and the westerly line of a 3.662 acre tract owned by MPT Investments, LLC to a point in the northerly right-of-way line of Morse Road, said point being an angle in said existing City of Columbus Corporation Line;
Then Westerly, a distance of 292 feet, more or less, along the said northerly right-of-way line of Morse Road across the said 2 acre, 1.015 acre, and 1.263 acre tracts owned by Anderson Properties Limited Partnership to a point in said right-of-way line lying in the common line of said 1.263 acre tract and the 0.609 acre tract owned by The McGlaughlin Oil Company;
Thence Northerly, a distance of 135 feet, more or less, along said common line of said 1.263 acre tract and said 0.609 acre tract to a point being northeasterly corner of said 0.609 acre tract;
Thence Westerly, a distance of 109 feet, more or less, along the northerly line of said 0.609 acre tract being a common line with said 1.263 acre tract to a point in the easterly right-of-way line of the Consolidated Utilities Railroad Corporation Tract, said point being a common corner of said 1.263 acre tract and 0.609 acre tract;
Thence Northeasterly, a distance of 23 feet, more or less, along the said easterly right-of-way line of the said Consolidated Utilities Railroad Corporation tract to a point on a curve;
Thence along the said easterly railroad right-of-way line with a curve to the right in a northeasterly direction with a length of 617 feet, more or less, to a point in the existing City of Columbus Corporation Line as established by Ordinance Number 1054-67 of record in Miscellaneous Book 143, Page 563, said point being a common corner of said 2 acre tract and the southwesterly corner of Lot 367 of Parkridge Village, Section 3 as depicted in Plat Book 45, Page 67;
Thence Easterly, a distance of 66 feet, more or less, along the said existing City of Columbus Corporation Line being the northerly line of said 2 acre tract to the point of beginning, containing 4 acres, 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 child day care center, or those uses permitted in the R, Rural District.
SECTION 3. That this ordinance is further conditioned (i) upon the property owner filing an application for rezoning regarding the subject parcels with the City of Columbus within four (4) months of adoption of this ordinance, (ii) upon receiving a recommendation of approval for such rezoning application from Northland Community Council with any conditions of such approval resolved satisfactorily to the Northland Community Council, and (iii) upon approval of the rezoning application by the Columbus City Council within twelve (12) months of its submission.
SECTION 4. That this ordinance is further conditioned that if, for any reason, a delay in any of the required approvals is caused for reasons beyond the reasonable control of the property owner, any time frame contained in this ordinance shall be extended by the period of delay, as reasonably determined by the Director of the Department of Development, or his designee.
SECTION 5. That this ordinance is further conditioned that, if the approvals for the required rezoning application are not obtained within the time frame(s) established by this ordinance, this ordinance shall terminate upon expiration of the time frames mentioned herein.
SECTION 6. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 7. 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.