Explanation
Council Variance Application: CV08-043
APPLICANT: The NRP Group LLC; c/o David L. Hodge, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Elderly housing and up to 5,000 square feet of hospital use.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to allow sixty (60) elderly housing units and up to five thousand (5,000) square feet of hospital use with additional variances to the standards of the AR-1, Apartment Residential District. A Council variance is necessary due to the applicant's timing constraints for funding and because hospital uses are not permitted in the AR-1 Apartment District. In addition, only 58 dwelling units could be permitted without a variance on this site. The site is within the planning area of the Franklinton Plan (2003) which recommends single-family dwellings for the site. Deviation is supported as the site is adjacent to a large multi-story parking garage for the hospital, making it undesirable for single-unit dwellings. The applicants have agreed to design their building utilizing the Design Guidelines in the Franklinton Plan (2003). The applicant has filed a CPD rezoning (Z09-001) to permit the elderly housing units and hospital use with the associated variances. The requested variance would permit a mixed-use development with reduced development standards consistent with the development patterns and character of the surrounding neighborhood.
Title
To grant a variance from the provisions of Sections 3333.02, Apartment Residential District use; 3333.12, AR-1 and AR-4 Area District Requirements; 3333.18, Building lines; 3333.24, Rear yard; 3333.26, Height District; 3342.18, Parking setback line; 3342.22, Prohibited use and 3342.28, Minimum number of parking spaces required of the City codes, for the property located at 764 WEST RICH STREET (43222), to permit housing for the elderly and up to 5,000 square feet of hospital use with reduced development standards in the AR-1, Apartment Residential District and to declare an emergency. (CV08-043).
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WHEREAS, by application No. CV08-043, the owner of property at 764 WEST RICH STREET (43222) is requesting a Council Variance to permit a maximum of sixty (60) housing for the elderly dwelling units and up to five thousand (5,000) square feet of space for hospital use with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, Apartment Residential use, does not allow hospital uses or housing for the elderly and allows only fifty-eight (58) dwelling units, while the applicant proposes to permit a maximum of sixty (60) elderly housing units and up to five thousand (5,000) square feet for hospital 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3333.12, AR-1 and AR-4 Area District Requirements, only allows up to 58 dwelling units, while the applicant proposes to permit a maximum of sixty (60) dwelling units; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of twenty-five (25) feet from Davis and Rich Streets, while the applicant proposes a building setback line of ten (10) feet from Davis and Rich Streets; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling not less than twenty-five (25) percent of total lot area, while the applicant proposes a rear yard of 9± percent of the total lot area, the remainder to be used for the parking of cars; and
WHEREAS, Section 3333.26, Height district, permits a maximum building height of thirty-five (35) feet, while the applicant proposes a building height of forty-eight (48) feet; and
WHEREAS, Section 3342.18, Parking setback line, requires a parking setback line of twenty-five (25) feet from Rich Street, while the applicant proposes a parking setback line of ten (10) feet from Rich Street; and
WHEREAS, Section 3342.22, Prohibited use, requires that, in residential districts, no required off-street parking space, no parking space in front of the setback line, and no required front, side or rear yard area or other unimproved surface shall be used for the parking or storage of vehicles. No commercial vehicle or other vehicle which infringes on the residential character of a residential district shall be stored or parked on a residentially zoned lot, while the applicant proposes to park cars in the rear yard; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires ¾ of a parking space for each dwelling unit plus one parking space per 2 and ½ beds, or a total of sixty-five (65) parking spaces for the proposed sixty (60) dwelling units and maximum of five thousand (5,000) square feet of hospital use, while the applicant proposes to provide fifty-two (52) parking spaces which equates to a ratio of slightly more than 0.5 parking spaces per unit and one parking space per 250 square feet which is the parking standard for medical offices since there will be no beds for overnight stays; and
WHEREAS, City Departments recommend approval of the sixty (60) elderly housing units and up to five thousand (5,000) square feet of hospital use in the AR-1, Apartment Residential District because a Council variance is necessary due to the applicant's timing constraints for funding and because hospital uses are not permitted in the AR-1 Apartment District. In addition, only 58 dwelling units could be permitted without a variance on this site. The site is within the planning area of the Franklinton Plan (2003) which recommends single-family dwellings for the site, however, deviation is supported as the site is adjacent to a large multi-story parking garage for the hospital, making it undesirable for single-unit dwellings. The applicants have agreed to design their building utilizing the Design Guidelines in the Franklinton Plan (2003). The applicants have filed a CPD rezoning (Z09-001) to permit the elderly housing units and hospital use with the associated variances. The requested variance would permit a mixed-use development with reduced development standards consistent with the development patterns and character of the surrounding neighborhood; 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 owner of the property located at 764 WEST RICH STREET (43222), 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 3333.02, Apartment Residential District use; 3333.12, AR-1 and AR-4 Area District Requirements; 3333.18, Building lines; 3333.24, Rear yard; 3333.26, Height District; 3342.18, Parking setback line; 3342.22, Prohibited use and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 764 WEST RICH STREET (43222), insofar as said sections prohibit sixty (60) elderly housing units and up to five thousand (5,000) square feet of hospital use, with a building line of ten (10)-feet where twenty (25) feet would be required, with a building height of forty-eight (48) feet; a parking setback of ten (10) feet where twenty (25) feet would be required, with a rear yard comprising nine (9)% of the lot area when twenty-five (25)% would be required and with parking in the rear yard of a residential district which is normally prohibited and with fifty-two (52) parking spaces where sixty-five (65) parking spaces would be required, said property being more particularly described as follows; and
Parcel No. 1
Situated in the State of Ohio, County of Franklin and City of Columbus and known as being all of Lot Numbers 86, 87, 88, 89, 90, 91 and 92 in B.F. Martin's Western Addition to the City of Columbus as recorded in Plat Book 2, Page 214, Recorder's Office, Franklin County, Ohio being further bounded and described as follows: Beginning at the intersection of the northerly line of West Rich Street, 60 feet wide, with the easterly line of South Davis Street, 50 feet wide;
Course 1 thence along the easterly line of South Davis Street, northerly, a distance of about 172.85 feet to the southerly line of Walnut Alley, 25 feet wide;
Course 2 thence along the southerly line of West Walnut Alley, easterly, a distance of about 276.75 feet to the westerly line of an unnamed alley, 25 feet wide;
Course 3 thence along the westerly line of said unnamed alley, southerly, a distance of about 172.85 feet to the northerly line of West Rich Street;
Course 4 thence along the northerly line of West Rich Street, westerly, a distance of about 276.75 feet to the place of beginning and containing about 1.10 acres of land be the same more or less but subject to all legal highways.
Parcel No. 2
Situated in the State of Ohio, County of Franklin and City of Columbus and known as being part of Lot Number 93 in B.F. Martin's Western Addition to the City of Columbus as recorded in Plat Book 2, Page 214, Recorder's Office, Franklin County, Ohio being further bounded and described as follows: Beginning at the intersection of the northerly line of West Rich Street, 60 feet wide, with the easterly line of an unnamed alley, 25 feet wide;
Course 1 thence continuing along the easterly line of said unnamed alley, northerly, a distance of about 172.85 feet to the westerly line of South Green Street;
Course 2 thence along the westerly irregular line of South Green Street, southerly, a total distance of about 154.17 feet to a point of curvature of a turnout with the northerly line of West Rich Street;
Course 3 thence along said curved turnout, southwesterly, to the principal place of beginning and containing about 0.04 acre of land be the same more or less but subject to all legal highways.
Parcel No. 3
Situated in the State of Ohio, County of Franklin and City of Columbus and known as being part of an unnamed alley, 25 feet wide, in B.F. Martin's Western Addition to the City of Columbus as recorded in Plat Book 2, Page 214, Recorder's Office, Franklin County, Ohio being further bounded and described as follows: Beginning at the intersection of the northerly line of West Rich Street, 60 feet wide, with the easterly line of Lot Number 92 in said Addition;
Course 1 thence along the easterly line of said Lot Number 92, northerly, a distance of about 172.85 feet to the southerly line of West Walnut Alley, 25 feet wide;
Course 2 thence along the easterly prolongation of the southerly line of West Walnut Alley, easterly, a distance of 25.00 feet to the westerly line of Lot Number 93 in aforesaid Allotment;
Course 3 thence along the westerly line of said Lot Number 93, southerly, a distance of about 172.85 feet to the northerly line of West Rich Street;
Course 4 thence along the westerly prolongation of the northerly line of West Rich Street, westerly, a distance of 25.00 feet to the place of beginning and containing about 0.10 acre of land be the same more or less but subject to all legal highways.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with elderly housing and up to five thousand (5,000) square feet of hospital space without overnight accommodations for patients or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on development as shown on the site plan titled "CONCEPTUAL SITE PLAN II FRANKLINTON SENIOR HOUSING COLUMBUS, OHIO," and signed by Jeffrey L. Brown, Attorney for the Applicant on February 12, 2009. This plan may be slightly adjusted to reflect final engineering and topographical or other site data, developed at the time development or when engineering plans are completed. Any slight adjustments to the site plan, shall be reviewed and may be approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the building utilizing four sided architecture including variations in the depth of the façade, featuring a combination of brick and vinyl, a broken roof line created by reverse gables, and standing seam roofs. The Rich Street facade should include actual building entrances and/or architectural details that help the building to address the street. Should a conflict arise between the site plan in Section 3 and the requirements located in Section 4, the requirements in this Section 4 shall override the site plan.
SECTION 5. That the applicant will file a rezoning for the subject property with the City of Columbus and shall diligently pursue such rezoning and have an ordinance for said rezoning delivered to Columbus City Council for scheduling on Columbus City Council's Zoning Agenda within twelve (12) months from the effective date of this ordinance and shall not cause said ordinance to be tabled without the concurrence of the Chief Zoning Official.
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.