Explanation
Council Variance Application: CV08-003
APPLICANT: National Church Residences of Hesed Ohio; c/o Chris Bruzzese; Berardi+Partners, Inc; 369 East Livingston Avenue; Columbus, OH 43215.
PROPOSED USE: Forty Senior Housing Units.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is the location of a motel that was demolished several years ago and is zoned in the C-4, Commercial District, which does not permit senior housing. The Applicant is applying for a Council variance to allow forty senior housing units. The applicant is concerned that if they rezoned they may not be able to meet a construction schedule dictated by the grant they received. The applicants have committed to rezone the site to the AR-4, Apartment Residential District or a similar district. The site lies within the boundaries of the Northland Plan Volume I (2001) but not within a designated sub area. Immediately to the south are existing multi-family structures. A bowling alley is located to the west across Roche Drive. Furthermore, retail and restaurant uses are located within walking distance of the site. The proposed senior housing facility will compliment the surrounding uses and will not have a negative effect on the area.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4, Commercial district, of the Columbus City Codes for the property located at 999 EAST DUBLIN-GRANVILLE ROAD (43081), to permit a maximum of forty senior housing dwelling units in the C-4, Commercial District (Council Variance # CV08-003).
Body
WHEREAS, by application #CV08-003, the owner of property at 999 EAST DUBLIN-GRANVILLE ROAD (43081), is requesting a Variance to permit a maximum of forty (40) senior housing dwellings units in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4, Commercial District, prohibits senior housing development, while the applicant proposes a maximum of forty (40) senior housing dwelling units; and
WHEREAS, City Departments recommend approval because the proposed senior housing facility will compliment the surrounding multi-family, retail and restaurant uses and will not have a negative effect on the area and the applicants have agreed to have a rezoning filed and completed to Columbus City Council for consideration by the end of December 2008; 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 999 EAST DUBLIN-GRANVILLE ROAD (43081), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3356.03, C-4, Commercial District of the Columbus City Codes for the property located at 999 EAST DUBLIN-GRANVILLE ROAD (43081), insofar as said sections prohibit a senior housing development with a maximum of forty (40) senior housing dwelling units; said property being more particularly described as follows:
999 EAST DUBLIN-GRANVILLE ROAD (43081), being 3.5± acres located on the southwest side of Roche Drive, 350± feet east of Northmeadows Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Ohio; also being a part of Quarter Township 4, Township 2, Range 18, United stated Military Lands; also being a portion of a 4.548 acre tract of land as conveyed to RAAS Hotel Group as described in Official Record 33819 F-17; being more particularly described as follows:
Beginning at the southeasterly corner of Reserve "D" as shown in Salem Village No. 2 as recorded in Plat Book 33 Page114; said point also being the southeasterly corner of said 4.548 acre tract, said point also being the northeasterly corner of 1 22.635 acre tract as conveyed to Wentwood Laurel Lakes I, L P as described in Official Record 34677 G-22, said point also being along the westerly right-of-way line of Roche Drive (60' right-of-way), said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence,
Along the northerly line of said 22.635 acre tract, also being along the southerly line of said 4.548 acre tract, North 85° 01' 45" West, for a distance of four hundred ten and zero one-hundredths feet (410.00') to a point; thence;
Along the easterly line of a 0.096 acre tract as conveyed to North Meadows LTD as described in Instrument No. 2005052701102297 and then along the easterly line of a 0.749 acre tract as conveyed to Columbus Meadows LLC as described in Instrument No. 200501060003951, also being along the westerly line of said 4.548 acre tract, North 04° 58' 15" East, for a distance of one hundred ninety-two and forty-eight one-hundredths feet (192.48') to a point; thence,
Along the southerly line of a 1.055 acre tract as conveyed to The Fergus Company LLC as described in Instrument No. 200603150048722, also being along a northerly line of said 4.548 acre tract, and then along a new line through said 4.548 acre tract, South 85° 01' 46" East, for a distance of three hundred ten and zero one-hundredths feet (310.00') to a point; thence,
Along a new line through said 4.548 acre tract, North 04° 58' 15" East, for a distance of sixty-two and zero one-hundredths feet (62.00') to a point; thence,
Along a new line through said 4.548 acre tract, South 85° 01' 46" East, for a distance of one hundred and zero one-hundredths feet (100.00') to a point along the westerly right-of-way line of Roche Drive; thence,
Along the westerly right-of-way line of Roche Drive, South 04° 58' 15" West, for a distance of two hundred fifty-four and forty-eight one-hundredths feet (254.48') to the point of beginning containing a total of 1.954 acres, more or less, as calculated by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, Kleingers & Associates in February, 2008
Basis of bearings of the above-described courses is a portion of the westerly right-of-way line of Roche Drive being South 04° 58' 15" West as shown on Salem Village No. 2 as recorded in Plat Book 33 Page 114.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum of forty (40) senior dwelling units, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is conditioned on the applicant or owner filing an application to rezone this property to either an appropriate zoning district and having it completed to Columbus City Council for consideration by no later than December 31, 2008.
SECTION 4. That this ordinance is conditioned on the subject site being developed in accordance with the submitted site plan titled, "SITE PLAN C100", signed by Chris Bruzzese, Architect and dated March 21, 2008. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 5. That this ordinance is further conditioned upon 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.