Explanation
Council Variance Application: CV03-011
APPLICANT: Columbus Jewish Federation; c/o Harrison Smith; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Housing for the elderly/ Residential care facility.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is the southern portion of the Columbus Jewish Federation complex and is developed with a variety of institutional uses including housing and health care facility for the elderly, a recreation center and synagogue. The applicant proposes to construct an 82-unit building to provide housing for elderly persons, a use that is not permitted in the current zoning district. This use is in addition to the other residential care facility type uses permitted under the existing zoning district. The size and orientation of the facility will necessitate a variance to the perimeter yard standards of the zoning district. The applicant will also obtain a residential care facility license; a variance is necessary to locate this building within 1,320 feet of other residential care facility uses within the Jewish Federation complex. A companion rezoning application to the L-AR-3, Limited Apartment Residential District is included to remove an existing registered site plan.
Title
To grant a Variance from the provisions of Sections 3333.03, AR-3 Apartment Residential District use; 3333.255, Perimeter yard; 3333.07(E) Licensing and integration; and 3342.08, Driveway, for property located at 1231 BROOKWOOD PLACE (43209), to permit a housing for the elderly/ residential care facility use within the L-AR-3, Limited Apartment Residential District and to provide a variance to the required perimeter yard and residential care facility location requirements (CV03-011).
Body
WHEREAS, by application No. CV03-029, the owner of property at 1231 BROOKWOOD PLACE (43209), is requesting a Council variance to permit a housing for the elderly use within the L-AR-3, Limited Apartment Residential District; and
WHEREAS, Section 3333.03, AR-3 Apartment Residential District use, does not permit housing for the elderly, while the applicant proposes to construct an 82-unit building to provide housing for elderly persons; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard, while the applicant proposes to reduce the perimeter yard requirement to fifteen (15) feet from the south property line and five (5) feet from the north property line for a proposed building; to fifteen (15) feet from the south property line for a proposed parking lot; and to zero (0) feet for a driveway divided by a parcel line, as shown on the site plan; and
WHEREAS, Section 3342.08, Driveway, requires driveways to be a minimum of twenty (20) feet in width, while the applicant proposes a driveway divided by a parcel line; and
WHEREAS, Section 3333.07, Licensing and integration, requires a residential care facility to locate no closer than 1,320 feet of another residential care facility, while the applicant proposes to have more than one residential care facility within the mixed institutional use campus; and
WHEREAS, City Departments note a hardship exists in that the requested use is not permitted within the underlying district, and unusual and practical difficulties exist in the carrying out of the zoning district provisions due to the irregular shape of the lot, and will permit integration of the residential care facility into a campus that incorporates other types of care, housing, recreational and social activities for an elderly population; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 1231 BROOKWOOD PLACE (43209), 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 3333.03, AR-3, Apartment Residential District use; 3333.255, Perimeter yard; 3333.07(E) Licensing and integration; and 3342.08, Driveway; of the Columbus City Codes are hereby granted for the property located at 1231 BROOKWOOD PLACE (43209), insofar as said sections prohibit housing for the elderly, a perimeter yard of five (5) feet for a building, a perimeter yard of fifteen (15) feet for a parking lot, the location of a residential care facility within 1,320 feet from another residential care facility, and a driveway divided by a parcel line, said property being more particularly described as follows:
19.873 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Sections 34 and 35, Section 24, Township 5, Range 22, Refugee Lands, and being more particularly described as follows:
Beginning at a found iron pipe at the northeast terminus of Brookwood Place (60 feet wide), as said point was established by City of Columbus Ordinance No. 1443-63;
Thence, along the north line of said Brookwood Place, North 65 degrees 41 minutes 56 seconds West, 60.00 feet to a found iron pipe at the northwest terminus of said Brookwood Place;
Thence, along the west line of said Brookwood Place, along the arc of a curve to the left, said curve having a radius of 271.00 feet, delta angle of 17 degrees 34 minutes 13 seconds, and a chord bearing and distance of South 15 degrees 30 minutes 50 seconds West, 82.78 feet to a found iron pipe;
Thence, South 79 degrees 20 minutes 52 seconds West, 639.13 feet to a point in the center of Alum Creek;
Thence, along said center of Alum Creek, North 52 degrees 08 minutes 00 seconds West, 465.53 feet to an angle point;
Thence, continuing along said center of Alum Creek, North 51 degrees 34 minutes 50 seconds West, 388.15 feet to a point;
Thence, South 89 degrees 57 minutes 58 seconds East, 654.22 feet to a found iron pipe;
Thence, North 00 degrees 14 minutes 50 seconds West, 212.50 feet to a found iron pipe;
Thence, North 89 degrees 57 minutes 02 seconds East, 1,029.25 feet to a point in the centerline of College Avenue (passing a found iron pipe at 306.01 feet);
Thence, along said centerline of College Avenue, South 31 degrees 59 minutes 14 seconds East, 499.58 feet to a found MAG nail:
Thence, South 89 degrees 17 minutes 23 seconds West, 173.46 feet to a found Franklin County Monument;
Thence, South 88 degrees 53 minutes 45 seconds West , 211.50 feet to a found iron pipe;
Thence, South 31 degrees 59 minutes 21 seconds East, 115.14 feet to a found iron pipe;
Thence, South 80 degrees 59 minutes 16 seconds West, 249.81 feet to the place of beginning CONTAINING 19.873 ACRES.
TRACT 2
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Reserve A of Berwick, as same is delineated upon the recorded plat thereof, of record in Plat Book 19, Page 25, Recorders Office, Franklin County, Ohio, and being part of the 2.0928 acre tract conveyed to Aryeh Gorenstein as shown of record in Official Record 19812-I-10, said Recorders Office, and being more particularly described as follows:
Commencing at found iron pin at the northeast corner of said 2.0928 acre tract, a southeast corner of an original 4.692 acre tract conveyed to Columbus Jewish Federation (Deed Book 3440, Page 341) and in the westerly right-of-way line of Brookwood Place (60 feet wide);
Thence, along part of the northerly line of said 2.0928 acre tract and part of the southerly line of said 4.692 acre tract, South 79 degrees 20 minutes 52 seconds West, 193.00 feet to a set iron pin at the TRUE POINT OF BEGINNING of this description;
Thence, across said 2.0928 acre tract, South 24 degrees 11 minutes 50 seconds West, 213.05 feet to a point in the westerly line of said 2.0928 acre tract and in the center of Alum Creek (passing a reference iron pipe set at 100.00 feet);
Thence, along part of the westerly line of said 2.0928 acre tract and said centerline of Alum Creek, North 77 degrees 39 minutes 05 seconds West, 300.17 feet to an angle point;
Thence, continuing along the westerly line of said 2.0928 acre tract and said centerline of Alum Creek, North 50 degrees 32 minutes 06 seconds West, 75.00 feet to a point at the northwest corner of said 2.0928 acre tract, and the southwest corner of said 4.692 acre tract;
Thence, along part of the northerly line of said 2.0928 acre tract and part of the southerly line of said 4.692 acre tract, North 79 degrees 20 minutes 52 seconds East, 446.13 feet to the place of beginning CONTAINING 1.013 ACRES, (passing a found iron pipe at 139.14 feet) subject however, to all legal; highways, easements, leases and restrictions of record, and of records in the respective utility offices.
The foregoing description was based on a Boundary Survey made by Albert H. Andrews, P.S. #5669, in December, 1983. Iron pins set are 30" x 1" (O.D.) with an orange plastic cap inscribed P.S. 6579". Basis of bearings is the southerly line of said 4.692 acre tract held as South 79 degrees 20 minutes 52 seconds West.
THE FOREGOING DESCRIPTION WAS PREPARED FOR
ZONING PURPOSES ONLY
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a housing for the elderly use or for those uses permitted in the AR-3, Apartment Residential District.
Section 3. That this ordinance is further conditioned on general compliance with drawings titled "OVERALL SITE PLAN, CREEKSIDE AT THE VILLAGE", signed by Jeffrey Brown, attorney for applicant, and dated July 2, 2003.
Section 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.