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File #: 1290-2005    Version: 1
Type: Ordinance Status: Passed
File created: 7/6/2005 In control: Zoning Committee
On agenda: 7/25/2005 Final action: 7/27/2005
Title: To rezone 6086 RIVERSIDE DRIVE (43017), being 7.55± acres located on the east side of Riverside Drive, 992± feet south of Martin Road, From: R, Rural District and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development and I, Institutional Districts. (Rezoning # Z05-029).
Attachments: 1. ORD1290-2005site.pdf, 2. ORD1290-2005rpt.pdf, 3. ORD1290-2005zon.pdf, 4. ORD1290-2005gis.pdf, 5. ORD1290-2005NWCA.pdf, 6. ORD1290-2005Prjdscl.pdf, 7. ORD1290-2005lbls.pdf, 8. City Council Data Form_Z05-029.pdf
Explanation
 
Rezoning Application Z05-029
 
APPLICANT:  Friendship Village of Dublin c/o Kenneth A. Golonka, Jr.,  Atty; 52 East Gay Street; P.O. Box 1008; Columbus, OH 43216.
      
PROPOSED USE:  Senior housing.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on June 9, 2005.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The requested CPD, Commercial Planned Development and I, Institutional District would permit development of multi-family housing and garages for senior citizens affiliated with the senior living facility to the south while retaining development commitments that were agreed to in 2002 as part of rezoning application Z02-051.  The proposal is consistent with the established zoning and development pattern of the area and introduces an alternative form of housing for senior citizens that compliments the existing adjacent facility.
 
 
Title
 
To rezone 6086 RIVERSIDE DRIVE (43017), being 7.55± acres located on the east side of Riverside Drive, 992± feet south of Martin Road, From: R, Rural District and CPD, Commercial Planned Development Districts, To: CPD, Commercial Planned Development and I, Institutional Districts.  (Rezoning # Z05-029).
 
 
 
Body
 
WHEREAS, application #Z05-029 is on file with the Building Services Division of the Department of Development requesting rezoning of 7.55± acres from R, Rural, and CPD, Commercial Planned Development Districts, to I, Institutional, and CPD, Commercial Planned Development Districts; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development and I, Institutional District would permit development of multi-family housing and garages for senior citizens affiliated with the senior living facility to the south while retaining development commitments that were agreed to in 2002.  The proposal is consistent with the established zoning and development pattern of the area now, therefore:
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
 
6086 RIVERSIDE DRIVE (43017), being 7.55± acres located on the east side of Riverside Drive, 992± feet south of Martin Road, and being more particularly described as follows:
 
LEGAL DESCRIPTION
INITIAL CPD PROPERTY
2.742 ACRE TRACT
 
Situated in the State of Ohio, County of Franklin, Township of Perry, Quarter Township 3, Township 2, Range 19, United States Military Lands and being all of Parcels One and Two as shown in the deed to Thomas R. Hedge and Lisa A. Hedge of record in Official Record 27789I05, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
 
Beginning, for reference, in the centerline of State Route 33 (Columbus-Marysville Road/Riverside Drive), as shown on Plan S.H. 48 SEC. 0 (PT), at the northwesterly corner of Strip 2 as shown in the deed to the City of Columbus, Ohio of record in Deed Book 3462, Page 170, the southwesterly corner of that 1.219 acre tract as conveyed to Volney Earl Poe and Iva Ethel Poe of record in Deed Book 2557, Page 190;
 
thence with said centerline, the following courses:
 
North 16° 54' 10" East, (passing a mag nail set at 100.00 feet) a distance of 271.10 feet to a mag nail set at a point of curvature;
 
with a curve to the left, having a central angle of 01° 04' 24" and a radius of 1910.00 feet, a chord bearing and distance of North 16° 21' 57" East, 35.78 feet to a mag nail set marking the southwesterly corner of said Parcel One, the northwesterly corner of that 3.03 acre tract as conveyed to Sandra Sells Corica of record in Instrument Number 200101300019215, the True Point of Beginning;
 
thence continuing with said centerline and curve to the left, having a central angle of 02° 25' 29" and a radius of 1910.00 feet, a chord bearing and distance of North 14° 37' 01" East, 80.83 feet to a mag nail set marking the southwesterly corner of that 0.748 acre tract as conveyed to Doris D. Harding of record in Instrument Number 199809230242156;
 
thence North 83° 12' 49" East, with the southerly line of said 0.748 acre tract, (passing an iron pin found at 33.22 feet) a distance of 244.63 feet to an iron pin found marking the southeasterly corner thereof;
 
thence North 15° 13' 49" East, with the easterly line of said 0.748 acre tract, a distance of 104.38 feet to an iron pin set marking the northeasterly corner thereof, in the southerly line of the remainder of that 1.007 acre tract as shown in said deed to Doris D. Harding;
 
thence South 80° 31' 42" East, partly with the southerly line of said 1.007 acre tract and partly with a portion of the southerly line of that 0.802 acre tract as conveyed to Eagle Pass Limited Partnership of record in Instrument Number 200002100028594, (passing an iron pin found at 56.00 feet) a distance of 116.94 feet to an iron pin found;
 
thence South 86° 24' 11" East, with a southerly line of said 0.802 acre tract, (passing an iron pin found at 138.88 feet) a distance of 140.00 feet to an iron pin found at the southeasterly
 
corner thereof, in the westerly line of Parcel II as shown in the deed to GSP Dunsinane LLC, of record in Instrument Number 199903300078497;
 
thence South 01° 27' 55" West, partly with the westerly line of said Parcel II and partly with a portion of the westerly line of Parcel III as shown in said deed to GSP Dunsinane LLC, a distance of 341.22 feet to an iron pin found marking the northeasterly of said 3.03 acre tract;
 
thence North 73° 17' 00" West, with the northerly line of said 3.03 acre tract, (passing a solid iron pin found at 6.40 feet and an iron pin found at 47.15 feet) a distance of 560.78 feet to the True Point of Beginning and containing 2.742 acres of land, more or less, inclusive of the present right-of-way which occupies 0.060 acre.
 
Subject, however, to all legal rights-of-ways and/or easements, if any, of previous record.
 
Iron pins set, where indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMH&T, INC.
 
Bearings herein are based on North 01 ° 27' 55" East, for the westerly line of that 3.033 acre tract as shown in Official Record 1113F20.
 
0.564 ACRE TRACT
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 19, United States Military Lands and being out of Parcel III as shown in the deed to GSP Dunsinane, LLC of record in Instrument Number 199903300078497 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
 
Beginning, for reference, at the centerline intersection of Welland Street with Birchton Street as shown on Plat Book 51 Pages 81, 82, and 83;
 
thence South 47° 55' 46" West, with the centerline of said Birchton street as shown on Plat Book 54, Pages 18 and 19, Plat Book 54, Page 20 and Plat Book 54, Page 85, a distance of 416.08 feet;
 
thence North 42° 04' 14" West, leaving said centerline, a distance of 25.00 feet to an iron pin set in the northerly right-of-way line of said Birchton Street, a southerly line of said Parcel III, the True Point of Beginning;
 
thence with said northerly right-of-way line, the southerly perimeter of said Parcel III, the following courses:
 
South 47° 55' 46" West, a distance of 113.63 feet to a point of curvature, witness an iron pin found 0.20 feet North and 0.29 feet West;
 
with a curve to the left, having a central angle of 10° 50' 34" and a radius of 425.00 feet, a chord bearing and distance of South 42° 30' 29" West, 80.31 feet to the northeasterly corner of that 18.200 acre tract conveyed to Friendship Village of Dublin, Ohio, Inc. of record in Deed Book 3801, Page 588, a corner to said Parcel III, witness an iron pin found 0.10 feet North and 0.41 feet West;
 
thence North 52° 59' 50" West, with a northerly line of said 18.200 acre tract, a southerly line of said Parcel III, a distance of 26.46 feet to an iron pin found marking the southeasterly corner of that 3.028 acre tract conveyed to Friendship Village of Dublin, Ohio, Inc. of record in Instrument Number 200110290248366, a southwesterly corner of said Parcel III;
 
thence North 01° 27' 55" East, with the easterly line of said 3.028 acre tract, the westerly line of said Parcel III, a distance of 288.31 to an iron pin set;
 
thence South 42° 04' 14" East, across said Parcel III, a distance of 227.40 feet to the True Point of Beginning and containing 0.564 acre, more or less.
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
Iron pins set, where indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initial EMH&T, Inc.
 
Bearings herein are based on North 01° 27' 55" East for the westerly line of that 3.033 acre tract as shown in Official Record 1113F20.
 
3.028 ACRE TRACT
 
Situated in the State of Ohio, County of Franklin, Township of Perry, Quarter Township 3, Township 2, Range 19, United States Military Lands and being all of that 3.03 acre tract as conveyed to Sandra Sells Corica of record in Instrument Number 200101300019215, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
 
Beginning at a mag nail set in the centerline of State Route 33, (Columbus-Marysville Road/Riverside Drive), as shown on plan S.H. 48 SEC. 0 (PT), marking the southwesterly corner of said 3.03 acre tract, the northwesterly corner of that 1.219 acre tract as conveyed to Volney Earl Poe and Iva Ethel Poe of record in Deed Book 2557, Page 190, said mag nail being North 16° 54' 10" East, with said centerline, a distance of 100.00 feet from the northwesterly corner of Strip No. 2 as shown in the deed to the City of Columbus, Ohio of record in Deed Book 3462, Page 170, the southwesterly corner of said 1.219 acre tract:
 
thence with said centerline, the following courses:
 
North 16° 54' 10" East, a distance of 171.10 feet to a mag nail set at a point of curvature;
 
with a curve to the left, having a central angle of 01° 04' 24" and a radius of 1910.00 feet, a chord bearing and distance of North 16° 21' 57" East, 35.78 feet to a mag nail set marking the southwesterly corner of Parcel One as shown in the deed to Thomas R. Hedge and Lisa A. Hedge of record in Official Record 27789I05;
 
thence South 73° 17' 00" East, with the southerly line of said Parcel One, (passing an iron pin found at 513.63 feet and a solid iron pin found at 554.38 feet) a distance of 560.78 to an iron pin found marking the southeasterly corner of said Parcel One, in the westerly line of Parcel III as shown in the deed to GSP Dunsinane LLC of record in Instrument Number 199903300078497;
 
thence South 01° 27' 55" West, with said westerly line, a distance of 318.08 feet to an iron pin found marking the southwesterly corner thereof, in the northerly line of that 18.200 acre tract as conveyed to Friendship Village of Dublin, Ohio, Inc. of record in Deed Book 3801, Page 588;
 
thence North 73° 17' 00" West, with a portion of a northerly line of said 18.200 acre tract, a distance of 114.18 feet to an iron pin set marking the southeasterly corner of said 1.219 acre tract;
 
thence North 16° 54' 10" East, with the easterly line of said 1.219 acre tract, a distance of 100.00 feet to an iron pin found marking the northeasterly corner thereof;
 
thence North 73° 17' 00" West, with the northerly line of said 1.219 acre tract, (passing an iron pin found 0.69 feet north at 500.74 feet) a distance of 530.93 feet to the Point of Beginning and containing 3.028 acres of land, more or less, inclusive of the present right-of-way which occupies 0.143 acre.
 
Subject, however, to all legal rights-of-ways and/or easements, if any, of previous record.
 
Iron pins set, where indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMH&T, INC.
 
Bearings herein are based on North 01° 27' 55" East, for the westerly line of that 3.033 acre tract as shown in Official Record 1113F20.
 
PORTION OF POE PROPERTY SUBJECT TO CPD TEXT
 
0.980 ACRE TRACT
 
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands and being a portion of a 1.219 acre tract of land conveyed to Friendship Village of Dublin, Ohio, Inc. by deed of record in Instrument No. 200501180010500, all references being to the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
 
Beginning at the northwest corner of a 0.954 acre tract of land conveyed as Strip No. 2 to City of Columbus, Ohio for Riverside Drive right-of-way purposes by deed of record in Deed Book 3462, Page 170, at the southwest corner of said 1.219 acre tract and in the centerline of Riverside Drive-U.S. Route 33 (variable width);
 
Thence N 16° 51' 35" E along the centerline of Riverside Drive and along the west line of said 1.219 acre tract a distance of 100.00 feet to a point at the northwest corner of said 1.219 acre tract and at the southwest corner of a 3.028 acre tract of land conveyed to Friendship Village of Dublin, Ohio, Inc. in Instrument No. 200110290248366;
 
thence S 73° 17' 59" E along the north line of said 1.219 acre tract, and along a south line of said 3.028 acre tract a distance of 530.93 feet to point at a corner of said 3.028 acre tract and at the northeast corner of said 1.219 acre tract;
 
thence S 16° 53' 11" W along the east line of said 1.219 acre tract and along a west line of said 3.028 acre tract a distance of 100.00 feet to a point at the southeast corner of said 1.219 acre tract, at the southwest corner of said 3.028 acre tract of land and in the north line of an 18.200 acre tract of land conveyed to Friendship Village of Dublin, Ohio, Inc. by deed of record in Deed Book 3801, Page 588;
 
thence N 73° 17' 59" W along a portion of the south line of said 1.219 acre tract, along a portion of north line of said 18.200 acre tract a distance of 95.89 feet to a point
 
thence N 16° 42' 01" E crossing a portion of said 1.219 acre tract a distance of 40.00 feet to a point;
 
thence N 73° 17' 59" W crossing a portion of said 1.219 acre tract a distance of 260.00 feet to a point;
 
thence S 16° 42' 01" W crossing a portion of said 1.219 acre tract a distance of 40.00 feet to a point in the south line of said 1.219 acre tract and in the north line of said 18.200 acre tract;
 
thence N 73° 17' 59" W along a portion of the south line of said 1.219 acre tract, along a portion of north line of said 18.200 acre tract and along the north line of said 0.954 acre tract a distance of 175.00 feet to the place of beginning;
 
containing 0.980 acres of land more or less,
 
The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from an actual field survey performed under his supervision in October, 2003 and January 2005.  Basis of bearings is an east line of Riverside Drive, being N 09° 49' 12" E, as shown upon the record plat of Riverside Green, of record in Plat Book 50, Pages 66, 67 and 68, Recorder's Office, Franklin County, Ohio.
 
To Rezone From: from R, Rural and CPD, Commercial Planned Development Districts,
 
To: CPD, Commercial Planned Development District
 
INSTITUTIONAL PORTION OF POE PROPERTY
 
0.239 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands and being a portion of a 1.219 acre tract of land conveyed to Friendship Village of Dublin, Ohio, Inc. by deed of record in Instrument No. 200501180010500, all references being to the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
 
Beginning, for reference, at the northwest corner of a 0.954 acre tract of land conveyed as Strip No. 2 to City of Columbus, Ohio for Riverside Drive right-of-way purposes by deed of record in Deed Book 3462, Page 170, at the southwest corner of said 1.219 acre tract and in the centerline of Riverside Drive-U.S. Route 33 (variable width);
 
thence S 73° 17' 59" E along the north line of said 0.954 acre tract, along a portion of the south line of said 1.219 acre tract and along a portion of north line of an 18.200 acre tract of land conveyed to Friendship Village of Dublin, Ohio, Inc. by deed of record in Deed Book 3801, Page 588 a distance of 175.00 feet to the true place of beginning;
 
thence N 16° 42' 01" E crossing a portion of said 1.219 acre tract a distance of 40.00 feet to a point;
 
thence S 73° 17' 59" E crossing a portion of said 1.219 acre tract a distance of 260.00 feet to a point;
 
thence S 16° 42' 01" W crossing a portion of said 1.219 acre tract a distance of 40.00 feet to a point in the south line of said 1.219 acre tract and in the north line of said 18.200 acre tract;
 
thence N 73° 17' 59" W along a portion of the south line of said 1.219 acre tract, along a portion of north line of said 18.200 acre tract a distance of 260.00 feet to the true place of beginning;
 
containing 0.239 acres of land more or less.
 
The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from an actual field survey performed under his supervision in October, 2003 and January 2005.  Basis of bearings is an east line of Riverside Drive, being N 09° 49' 12" E, as shown upon the recorded plat of Riverside Green, of record in Plat Book 50, Pages 66, 67 and 68, Recorder's Office, Franklin County, Ohio.
 
To Rezone From: from R, Rural District,
 
To: I, Institutional District
 
Section 2.  That a Height District of Thirty-five (35) feet is hereby established in the CPD, Commercial Planned Development and I, Institutional  Districts on this property.
 
SECTION 3.  That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled, " SITE DEVELOPMENT PLAN FRIENDSHIP VILLAGE OF DUBLIN, " signed by John. Schwarck, Executive Director, and dated  July 6, 2005; and text titled, "CPD TEXT Riverside Drive," signed by Kenneth A. Golonka, Jr., Esq, Attorney for the Applicant, dated July 5, 2005, and the text reading as follows:
 
 
 
CPD TEXT
Riverside Drive
 
PROPOSED DISTRICT:      CPD
PROPERTY ADDRESS:      6000 Riverside Drive
OWNERS:            Friendship Village of Dublin, Ohio, Inc.
APPLICANT:            Friendship Village of Dublin, Ohio, Inc.
DATE OF TEXT:            July 5, 2005
APPLICATION NUMBER:      Z05-029
 
1.      Introduction
 
      The subject property consists of 7.314 acres of real property (the "Property"), which is located on Riverside Drive, surrounded by the existing campus of Friendship Village of Dublin ("FVD Campus") and property owned and being developed by the Applicant.  In 2003, the City passed an ordinance pursuant to rezoning application Z02-051 causing approximately 6.334 acres of real property (the "Initial CPD Property") to be rezoned to permit an extension of the FVD Campus on the Initial CPD Property for the development of an independent living complex for senior citizens (the "Independent Living Complex"), limiting such development by a CPD Text (the "2003 CPD Text").  The Initial CPD Property was contiguous to a 1.219 acre parcel (the "Poe Property") on three (3) sides.  However, in 2003, the Applicant did not own the Poe Property and therefore it was not subject to the 2003 CPD Text.  The 2003 CPD Text noted that if the Poe Property was ever acquired by the Applicant, the Applicant would request rezoning of the Poe Property to integrate it into the uses prescribed by the 2003 CPD Text.  
 
The Applicant has since acquired the Poe Property.  The Poe Property has recently been annexed from Perry Township and has not been rezoned in the City of Columbus.  In connection therewith, the Applicant is requesting .239 acres of the Poe Property be rezoned as an I - Institutional District (the "Institutional Portion") to conform with the zoning of a portion of the existing FVD Campus directly south of the Property.  The Applicant is requesting the remaining .980 acres of the Poe Property be combined with the Initial CPD Property, which will constitute the Property under this Application.  The Property will be subject to this CPD Text, which will replace the 2003 CPD Text.  
 
      The requested rezoning will permit the Poe Property to be absorbed into and be developed in conformity with the FVD Campus and Independent Living Complex that completely surround the Poe Property.  The Independent Living Complex being developed is composed of residential units, the purpose of which is to permit senior citizens who have a desire for a more independent living arrangement to be able to become members of the Friendship Village of Dublin community, to be able to enjoy the amenities of the community and to benefit from the security associated with such membership.  
 
2.      Permitted Uses
 
      Subject to the limitations set forth below, the Property may only be used for residential dwelling units meeting the requirements for housing for the elderly as provided in Code Section 3349.03(w), together with such accessory uses, including community facilities, as are found in a senior citizen housing development.  The Property will contain no more than thirty-six (36) units.  All residential units would be located on private streets within the Property.  The Property will be owned and operated by the Applicant as part of the Friendship Village of Dublin community.  The Property will not contain individual lots.  
 
3.      Development Standards
 
      Reference to the attached Site Plan (the "Plan") is made herein.  The Plan sets forth a conceptual layout of the proposed development of the Property.  The setbacks along Riverside Drive and along the northern and eastern boundaries of the Property shown on the Plan will not be modified.  Other elements of the Plan, including but not limited to exact locations of structures, streets and landscaping, may be modified subject to any necessary approval of the relevant city agencies.
 
      A.      Density, Lot and/or Setbacks Commitments
 
1.      Maximum density on the Property will not exceed 8 dwelling units per acre.
 
2.      Minimum setbacks on the Property would be thirty feet from the Riverside Drive right-of-way line, twenty-five feet from Birchton Street and twelve feet from any adjacent property boundary, provided that there shall be no minimum setback requirement for any development that is adjacent to the boundary of other real property owned by Friendship Village of Dublin.
 
3.      No structure containing one or more dwelling units constructed on the Property shall be closer than five feet to any other such structure on the Property.
 
      B.      Access, Loading, Parking and/or other Traffic-Related Commitments
 
1.      All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.  Applicant proposes that the primary access to the Property will be at a new full service connection on Birchton Street.  No regular access will be permitted off Riverside Drive provided that construction traffic during the initial development of the Property will use Riverside Drive as their primary access.  All existing permanent access points from the Property to Riverside Drive will be eliminated other than as construction access.
 
2.      Each residential unit will have no less than one parking space in a garage attached to the building containing such unit.
 
3.      A walkway will be constructed to provide residents on the Property pedestrian access to the main campus.  Walkways within the Property will be constructed to permit pedestrian circulation within the Property.  The location of the walkways may be changed from time to time to accommodate use and future expansion.
 
4.      No parking will be permitted on streets on the Property that are twenty (20) feet wide and parking will be permitted only on one side of each street that is twenty-four (24) feet wide.
 
      C.      Buffering, Landscaping, Open Space and/or Screening Commitments
 
1.      The Property will be landscaped and open areas will be provided in substantial accordance with the Plan.  The applicant will endeavor to preserve existing large trees on the subject Property to the extent practicable.
 
2.      The existing wooded ravine in the north and west portions of the Property will be preserved substantially in its natural condition.
 
3.      Lot coverage for structures and paved areas shall not exceed fifty percent (50%) of the total acreage of the subject property.  Sidewalks and other pedestrian paths will not be considered a part of lot coverage.
 
4.      All installed landscaping shall be maintained in a healthy state, and installed landscaping which dies will be replaced within six months or the next planting season, whichever is first, subject to reasonable changes in landscaping which occurs as the community constructed on the Property matures.  Notwithstanding the foregoing, the ravine will be maintained in a natural state.  
 
5.      Typical size of trees at installation shall be two and half (2 ½) inch caliper for deciduos, two (2) inch caliper for ornamental, six (6) feet in height for evergreens, and twenty-four (24) inch in height for ornamental shrubs.   Tree caliper is measured six (6) inches from the ground.
 
6.      Trees will be planted within
Break1
 
 
setback between the Riverside Drive the right-of-way and the Property.  A mound will be constructed in the setback to the extent practicable, taking into consideration the natural slope within the setback area.
 
      D.      Building Design and/or Interior-Exterior Treatment Commitments
 
1.residential units shall containno more han one and half stories above gradenot including basements.  
 
2.      Each indvidual unit shall contain no less than 1,350 square feet of minimum net floor area for living quarters.
 
3.      Exteriors of the buildings will be constructed of materials consistent with residential structures within the Friendship Village community and neighboring properties, examples of which include brick, stone, stucco and siding.  No vinyl siding will be used on any buildings.  Pitched roofs will be utilized.  
 
      E.      Lighting, Outdoor Display Areas and/or other Environmental Commitments
 
1.      All internal street lighting shall be on black decorative standards with a height no greater than fourteen feet.
 
(a)      Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
(b)      For aesthetic compatibility, lights shall be from the same or similar type and color.
(c)      Lighting shall not exceed .1 foot-candle anywhere along a property line.
 
2.      If the Applicant elects to dispose of trash privately, trash disposal shall be through residential style garbage cans stored within garages.  In the event that the Applicant elects to utilize City trash disposal services, the Applicant will use collection receptacles required by the City.  Any outside dumpsters located on the Property will be fully screened.
 
      F.      Graphics and/or Signage Commitments
 
All graphics and signage shall comply with the I, Institutional District Standards of the Graphics Code, Title XV of Title 30, Columbus Zoning Code, and any variance to those standards shall be submitted to the Columbus Graphics Commission for consideration.
 
      G.      Fire Vehicle Access Plan
 
Parking restrictions shall be installed per current City policy on signage for private streets and alleys/lanes.  They shall include that parking be limited to one side of the street where street widths are less than 26 ft., no parking shall be permitted on either side of any street within 61 ft. of the midpoint of street intersections, and that there will be no parking on alleys/lanes.  Fire hydrants shall be located on the side of the street where no parking is permitted.  Applicant will establish and maintain an agreement(s) with a private towing company(s), which authorizes the private towing company(s) to remove/tow any vehicles parked in restricted areas.  There may be one or more such agreements with one or more towing company(s) for any times/lengths, terms, etc. as Applicant determines, so long as at least one such agreement shall always, at all times be in force for the purposes of enforcements/removal/towing as required above.  Towing agreements shall be filed annually with the Columbus Division of Fire, Fire Prevention Bureau, Plans Review Office, upon execution of contract.  Applicant shall designate the City of Columbus as an authorized agent for the sole and specific purposes of enforcement of parking restrictions and the issuance of citations and/or removal of vehicles parked in violation of posted parking restrictions on private streets and alley/lanes.  Intersection details concerning turning radii, parking restrictions, and intersection configurations will conform with the Fire Vehicle Access Plan.
 
      H.      Miscellaneous Commitments
 
1.      Any matters in this application which would require variances will be deemed to be granted in connection with the rezoning of the Property pursuant to this CPD text.
 
2.      Any additional future variances necessary can be made by application to the Board of Zoning Adjustment for the City of Columbus.
 
4.      Other CPD Requirements
 
      A.      Natural Environment
 
The natural environment of the Property is relatively flat, with a slight grade incline to the east from Riverside Drive.  A steep wooded ravine runs along the northwest boundary of the Property and will remain substantially in its natural state.
 
      B.      Existing Land Use
      
The Property has contained several structures which were previously used as residences and offices, all of which have been or will be demolished by the applicant.
 
      C.      Transportation and Circulation
 
Access to and from the site will be from Birchton Street at the eastern boundary of the Property with internal vehicular circulation provided for in the Plan.
 
      D.      Visual Form of the Environment
 
The Property is bounded as follows:  (i) the northern boundary of the Property abuts a single family residence with access from Riverside Drive, (ii) the eastern boundary of the Property abuts a multi-family development, (iii) the southern boundary of the Property abuts the Institutional Portion, the FVD Campus and an automotive repair shop which remains within the township, and (iv) the western boundary of the Property is Riverside Drive.  Various office and commercial operations are located across Riverside Drive.
 
      E.      View and Visibility
 
The Property fronts on Riverside Drive and will be visible from Riverside Drive.
 
      F.      Proposed Development
 
Twelve to fourteen buildings containing from two to four residential units each in the Property.
 
      G.      Behavior Patterns
 
The development on the Property will be integrated as part of the Friendship Village of Dublin community.  Traffic access on Riverside Drive will not be permitted, except for construction vehicle access.
 
H.      Emissions
 
Development of the Property shall conform to the City of Columbus requirements as further controlled by the Development Standards of this CPD Text for light levels, sounds and dusts.  There will be no objectionable emissions.
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.