Explanation
Rezoning Application Z03-009
APPLICANT: Cardinal Title Holding Co. and Townsend Construction; c/o Dave Perry, The David Perry Co., 145 East Rich Street, Columbus, OH 43215 Mike Shannon, Atty.; 500 South Front Street, 12th Floor; Columbus, Ohio 43215.
PROPOSED USE: Commercial and multi-family residential.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) December 9, 2004 Disapproval (0-6) on July 10, 2003.
ROCKY FORK-BLACKLICK ACCORD IMPLEMENTATION PANEL: Approval Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Disapproval . The applicant requests to rezone 65+ acres currently zoned for multi-family, two-family, and single-family uses to the L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development Districts for a multi-family residential and office-commercial development. The site lies within the boundaries of the Rocky Fork-Blacklick Accord (1997) and the Rocky Fork-Blacklick Accord 2003 Update. Both plans require the applicant to submit site, elevation, and general landscaping plans to the Accord Planning Staff to review. The land use is appropriate. The rezoning results in a reduction of density from existing zoning and parkland commitments. for compliance with the "West Village" design standards. The Applicant has been unwilling to commit to specific site plans that meet the design recommendations of either plan. Staff is concerned that a lack of integration between land uses and the inability to illustrate the location of parking and building areas contradict the village concept recommended in the Plan. Staff reports submitted to the Rocky Fork Blacklick Accord Panel are attached and highlight these inconsistencies.
Title
To rezone 5373 CENTRAL COLLEGE ROAD (43081), being 65.16± acres located on the south side of Central College Road, east and west of the Hamilton Road extension, From: L-AR-12, Limited Apartment Residential, L-R-2, Limited Residential, and L-R-2F, Limited Residential Districts, and R, Rural Districts, To: L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development Districts and to declare an emergency. (Rezoning # Z03-009)
Body
WHEREAS, application #Z03-009 is on file with the Building Services Division of the Department of Development requesting rezoning of 65.16± acres from L-AR-12, Limited Apartment Residential, L-R-2F, Limited Residential, and L-R-2, Limited Residential Districts, and R, Rural Districts to L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development Districts; and
WHEREAS, the Development Commission recommends approval disapproval of said zoning change; and
WHEREAS, the Rocky Fork-Blacklick Accord Implementation Panel recommends approval disapproval of said zoning change; 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 due to the fact that closings are scheduled to occur in late December so the transactions can close in the 2004 calendar year for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval disapproval of said zoning change because the applicant requests to rezone 65+ acres currently zoned for multi-family, two-family, and single-family uses to the L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development Districts for a multi-family residential and office-commercial development. The site lies within the boundaries of the Rocky Fork-Blacklick Accord (1997) and the Rocky Fork-Blacklick Accord 2003 Update. Both plans require the applicant to submit site, elevation, and general landscaping plans to the Accord Planning Staff to review. The land use is appropriate. The rezoning results in a reduction of density from existing zoning and parkland commitments. for compliance with the "West Village" design standards. The Applicant has been unwilling to commit to specific site plans that meet the design recommendations of either plan. Staff is concerned that a lack of integration between land uses and the inability to illustrate the location of parking and building areas contradict the village concept recommended in the Plan. Staff reports submitted to the Rocky Fork Blacklick Accord Panel are attached and highlight these inconsistencies, 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:
5373 CENTRAL COLLEGE ROAD (43081), being 65.16± acres located on the south side of Central College Road, east and west of the Hamilton Road extension and being more particularly described as follows:
42.287 Acres
Subarea A
Z03-009
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands and being 41.251 acres out of a 91.645 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103-I08 and all of a 1.032 acre tract as conveyed to the City of Columbus of record in Official Record 22623I-17 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
Beginning for reference at a found Franklin County monument, (FCE 8823) at the centerline of Central College Road;
Thence North 85°37'19" West with the centerline of said Central College Road, a distance of 366.03 feet to the centerline intersection of said Central College Road with the centerline of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence South 02°08'14" West with the centerline of said Hamilton Road, a distance of 652.39 feet to a point;
Thence South 87°51'46" East crossing said Hamilton Road, a distance of 50.00 feet to the true point of beginning;
Thence South 85°37'19" East, a distance of 391.95 feet to a point;
Thence North 47°30'40" East, a distance of 315.12 feet to a point;
Thence North 03°41'47" East, a distance of 366.28 feet to a point on the southerly right of way line of said Central College Road;
Thence South 84°56'31" East, with the southerly right of way line of said Central College Road, a distance of 454.64 feet to a point on the westerly line of said 1.032 acre tract;
Thence North 04°32'09" East with said line, a distance of 10.00 feet to a point;
Thence South 84°56'31" East with said right of way line, a distance of 60.00 feet to a point on the westerly line of a 1.157 acre tract as conveyed to RER Properties, LLC of record in Inst. No. 200309170296485;
Thence South 04°32'09" West with said westerly line of said 1.157 acre tract, a distance of 201.56 feet to the southwesterly corner of said 1.157 acre tract;
Thence South 85°03'00" East with the southerly line of said 1.157 acre tract, a distance of 210.09 feet to the southeasterly corner of said 1.157 acre tract;
Thence North 04°32'20" East with said easterly line of said 1.157 acre tract, a distance of 202.35 feet to the southerly right of way line of said Central College Road;
Thence with the southerly right of way line of Central College Road the following (4) four courses;
1) South 85°18'45" East, a distance of 52.43 feet to a point;
2) South 73°31'57" East, a distance of 18.98 feet to a point;
3) South 87°22'16" East, a distance of 107.88 feet to a point;
4) South 85°18'45" East, with the southerly right of way line of said Central College Road, a distance of 320.72 feet to a point on the westerly line of a 3.132 acre tract as conveyed to Ray Robinson of record in Inst. No. 200009010177010;
Thence South 00°03'38" East with said westerly line of said 3.132 acre tract, a distance of 348.07 feet to the southwesterly corner of said 3.132 acre tract;
Thence South 85°50'46" East with the southerly line of said 3.132 acre tract, a distance of 79.19 feet to a point on westerly line of Lot 48 of the plat of West Albany Section 2 as recorded in Plat Book 80, Page 73;
Thence South 33°04'36" West with said westerly line of said Lot 48 and Lot 47, a distance of 236.10 feet to a point at the northeasterly corner of Reserve A of the Plat of West Albany Section 5 Part 2 as recorded In Plat Book 92, Page 72;
Thence with the northerly line of said Reserve A the following (6) six courses;
1) South 42°02'01" West, a distance of 270.33 feet to a point;
2) South 85°00'43" West, a distance of 140.00 feet to a point;
3) North 63°26'07" West, a distance of 170.72 feet to a point;
4) North 02°59'16" West, a distance of 75.00 feet to a point;
5) North 55°59'16" West, a distance of 90.00 feet to a point;
6) South 80°00'44" West, a distance of 160.00 feet to a point on the easterly line of said 1.032 acre tract;
Thence South 04°27'59" West with said line, a distance of 35.43 feet to a point at the northeasterly corner of a 10.630 acre tract as conveyed to the City of Columbus of record in Official Record Volume 22623I17;
Thence with the northerly and westerly line said 10.630 acre tract the following (10) ten courses;
1) South 57°21' 41" West, a distance of 278.47 feet to a point;
2) South 11°21'41" West, a distance of 310.00 feet to a point;
3) South 26°38'19" East, a distance of 100.00 feet to a point;
4) South 48°21'41" West, a distance of 180.00 feet to a point;
5) North 89°42'19" West, a distance of 50.00 feet to a point;
6) South 50°17'41" West, a distance of 420.00 feet to a point;
7) South 09°42'19" East, a distance of 190.00 feet to a point;
8) North 79°42'19" West, a distance of 130.00 feet to a point;
9) South 30°17'41" West, a distance of 210.0 feet to a point;
10) South 19°42'19" East, a distance of 220.00 feet to a point on the northerly line of a 5.408 acre tract as conveyed to Boomer Landco, LLC of record in Inst. No, 2000011020222565;
Thence North 86°34'29" West, with said line, a distance of 327.52 feet to the easterly right of way line of said Hamilton Road and a point on a curve;
Thence with the easterly right of way line the following (3) courses;
1) With a curve to the right having a radius 5950.00 feet, a central angle of 00°30'04", a chord bearing North 08°29'37" East, a chord distance of 52.05 feet to a point of reverse curvature;
2) With a curve to the left having a radius 6050.00 feet, a central angle of 06°36'25", a chord bearing North 05°26'26" East, a chord distance of 697.25 feet to a point of tangency;
3) North 02°08'14" East , a distance of 890.31 feet to the true point of beginning and containing 42.287 acres of land more or less.
This description was prepared for rezoning purposes only by Environmental Design Group Inc., Columbus Ohio. The basis of Bearing is North 85°37'19" West for the centerline of Central College Road.
To Rezone From: L-AR-12, Limited Apartment Residential District,
To: L-AR-12, Limited Apartment Residential District.
11.790 Acres
Subarea B
Z03-009
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands and being 11.790 acres out of a 91.645 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103-I08 (all records being of the recorders Office, Franklin County, Ohio) and being more particularly described;
Beginning for reference at a found Franklin County monument, (FCE 8823) at the centerline of Central College Road;
Thence North 85°37'19" West with the centerline of said Central College Road, a distance of 366.03 feet to the centerline intersection of said Central College Road with the centerline of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence South 02°08'14" West with the centerline of said Hamilton Road, a distance of 758.55 feet to a point;
Thence North 87°51'46" West crossing said Hamilton Road, a distance of 50.00 feet to the point on the westerly right of way line of said Hamilton Road and being the true point of beginning;
Thence South 02°08'14" West with the westerly right of way line of said Hamilton Road, a distance of 739.47 feet to a point;
Thence North 86°28'07" West through said 91.645 acre tract , a distance of 699.37 feet to a point on the easterly line of a 58.950 acre tract as conveyed to Townsend Construction Company, Inc. of record in Instr. No. 200309030279897;
Thence North 03°34'47" East with the easterly line of said 58.950 acre tract, a distance of 474.31 feet to the southeasterly corner a 5.00 acre tract as conveyed to Marjorie G. Bevelhymer, or Successor or Trustee, of the Marjorie G. Bevelhymer Trust of record in Instrument Number 200005120093584;
Thence North 03°33'24" East with the easterly line of said 5.00 acre tract, a distance of 275.01 feet;
Thence South 85°37'19" East through said 91.645 acre tract, a distance of 680.93 feet to the true point of beginning and containing 11.790 acres of land more or less.
This description was prepared for rezoning purposes only by Environmental Design Group Inc., Columbus Ohio. The basis of Bearing is North 85°37'19" West for the centerline of Central College Road.
To Rezone From: L-R-2F and L-R-2, Limited Residential Districts,
To: L-AR-12, Limited Apartment Residential District.
10.000 Acres
Subarea C
Z03-009
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands and being 10.000 acres out of the City of Columbus and being 7.633 acres out of a 91.645 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103-I08 and also being 2.367 acres out of a 58.950 acre tract as conveyed to Townsend Construction Company of record in Instr. No. 200309030279897 (all records being of the recorders Office, Franklin County, Ohio) and being more particularly described;
Beginning for reference at a found Franklin County monument, (FCE 8823) at the centerline of Central College Road;
Thence North 85°37'19" West with the centerline of said Central College Road, a distance of 366.03 feet to the centerline intersection of said Central College Road with the centerline of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence South 02°08'14" West with the centerline of said Hamilton Road, a distance of 1542.70 feet to a point curvature;
Thence with a curve southwesterly and to right having a radius of 6000.00 feet,
a central angle of 02°33'19", a chord bearing of South 03°24'53" West, and a chord distance of 267.56 feet to a point;
Thence North 85°18'27" West crossing said Hamilton Road, a distance of 50.00 feet to the point on the westerly right of way line of said Hamilton Road and being a point on a curve and being the true point of beginning;
Thence continuing with the westerly right of way line of said Hamilton Road, the following two (2) courses;
1) With a curve southwesterly and to the right having a radius of 5950.00 feet, a central angle of 04°03'06", a chord bearing of South 06°43'06" West and a chord distance of 420.67 feet to a point of reverse curve;
2) With a curve southeasterly and to the left having a radius of 6050.00 feet, a central angle of 00°34'56", a chord bearing of South 08°27'11" West, and a chord distance of 61.49 feet to the northerly line of a 4.143 acre tract as conveyed to Boomer Landco, LLC., of record in Instrument Number 200006260125716;
Thence North 86°34'37" West with the westerly line of said 4.143 acre tract and with the westerly lines of the following; 1) 2.056 acre tract as conveyed to Boomer Landco, LLC
of record in Instrument Number 200006260125715, 2) 2.063 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Number 200008100161163, 3) Judith D. Decenzo of record in Official Record Volume 15655A03, a distance of 672.26 feet to a point on the easterly line of a 2.273 acre tract of land as conveyed to Michael L. and Patsy L. Parker of record in Official Record Volume 1399D05
Thence North 03°15'23" East with the easterly line of said 2.273 acre tract, a distance of 132.55 feet to the northeasterly corner of said 2.273 acre tract;
Thence North 86°28'07" West with the northerly line of said 2.273 acre tract and with the northerly line of a 3.727 acre tract as conveyed to John E. and Andrea L. Stoughton of record in Official Record Volume 15058I03, a distance of 294.50 feet to a point;
Thence through said 58.950 and said 91.645 acre tract, the following two (2) courses;
1) North 03°33'37" East, a distance of 350.00 feet to a point;
2) South 86°28'07" East, a distance of 995.88 feet to the true point of beginning and containing 10.000 acres of land more or less.
This description was prepared for rezoning purposes only by Environmental Design Group Inc., Columbus Ohio. The basis of Bearing is North 85°37'19" West for the centerline of Central College Road.
To Rezone From: L-R-2, Limited Residential and R, Rural Districts,
To: L-AR-12, Limited Apartment Residential District.
1.086 Acres
Subarea D
Z03-009
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands and being 1.086 acres out of a 24.418 acre tract as conveyed to Townsend Construction of record in Inst. No. 200311040353155 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
Beginning for reference at a found Franklin County monument, (FCE 8823) at the centerline of Central College Road;
Thence North 85°37'19" West with the centerline of said Central College Road, a distance of 366.03 feet to the centerline intersection of said Central College Road with the centerline of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence with the centerline of said Hamilton Road, the following two (2) courses;
1) South 02°08'14" West with the centerline of said Hamilton Road, a distance of 1542.70 feet to a point of curvature;
2) With a curve southwesterly and to the right having a radius of 6000.00 feet, a central angle of 01°21'05", a chord bearing of South 02°48'47" West, and a chord distance of 141.52 feet to a point;
Thence North 86°30'14" West crossing said Hamilton Road, a distance of 50.00 feet to the point on a curve on the westerly right of way line of said Hamilton Road and being the true point of beginning;
Thence with a curve southwesterly and to the right having a radius of 5950.00 feet, a central angle of 01°12'14", a chord bearing of South 04°05'26" West, and a chord distance of 125.01 feet to a point;
Thence through said 24.418 acre tract, the following three (3) courses;
1) North 86°28'07" West, a distance of 377.64 feet to a point;
2) North 03°31'53" East, a distance of 125.00 feet to a point;
3) South 86°28'07" East, a distance of 378.86 feet to the true point of beginning and containing 1.086 acres of land more or less.
This description was prepared for rezoning purposes only by Environmental Design Group Inc., Columbus Ohio. The Basis of Bearing is North 85°37'19" West for the centerline of Central College Road.
To Rezone From: L-R-2, Limited Residential District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development 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 L-AR-12, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "Sub-Area Plan, Hamilton Road, City of Columbus", "Sub-Area A: Traditions at Rocky Fork", "Sub-Area B - Albany Reserve" and "Sub-Area C - Z03-009" all dated December 10, 2004 and all signed December 10, 2004 by David B. Perry, Agent for Applicant, and text titled "Development Text", dated December 10, 2004 and signed by David B. Perry, Agent for Applicant, "WEST ALBANY SUBAREA A", signed by Michael T. Shannon, attorney for the Applicant, and dated October 31, 2003, "WEST ALBANY SUBAREAS B,C, AND D", signed by Michael T. Shannon, attorney for the Applicant, and dated November 13, 2003, and text titled, "DEVELOPMENT TEXT", Michael T. Shannon, attorney for the Applicant, and dated January 23, 2004, and the text reading as follows:
DEVELOPMENT TEXT
WEST ALBANY
65.077+ ACRES
EXISTING DISTRICTS: L-AR-12; L-R2F; R; and CPD
PROPOSED DISTRICTS: L-AR-12; CPD
PROPERTY ADDRESS: 5373 Central College Road
OWNERS/APPLICANTS: Cardinal Title Holding Company and Townsend Construction
c/o Michael T. Shannon, Esq.,
CRABBE, BROWN & JAMES, LLP
500 South Front Street, Suite 1200
Columbus, Ohio 43215
(614) 228-5511 Fax: (614) 229-4559
mshannon@cbjlawyers.com
DATE OF TEXT: January 23, 2004
APPLICATION NUMBER: Z03-009
INTRODUCTION:
The subject property ("Site") consists of 65.077+ acres generally located south of Central College Road, on the east and west sides of Hamilton Road. Applicant proposes to rezone the property to create four (4) sub-areas: L-AR-12; L-AR-12; L-AR-12 and CPD.
Hamilton Road was recently extended north from its former terminus at the Hamilton Road/New Albany Expressway interchange. Hamilton Road is designated as a 4-2D arterial in the City of Columbus Thoroughfare Plan. The Rocky Fork-Blacklick Accord ("Accord") designates the Hamilton Road/New Albany Expressway interchange as a gateway to the planning area, and the extension of Hamilton Road is a key component to both the gateway concept of the interchange and to the arterial road system within the Accord. A goal of the Accord is to create and implement an arterial road system that provides for the efficient and effective movement of vehicles through the Accord area while reducing vehicular impact on sub-arterial roads to preserve rural roadways. The Accord implementation strategies, Accord land use plan, general planning principles associated with the location of more intense uses on arterials and at major entrance points, and existing and anticipated Plain Township and City of Columbus zoning at the intersection of extended Hamilton Road and Warner Road, all support Applicant's proposal.
The locations of Sub-Areas A, B, C and D are depicted on the plans entitled "WEST ALBANY SUBAREA A", dated October 31, 2003, "WEST ALBANY SUBAREAS B,C, AND D", dated November 13, 2003. Sub-Area A is 42.286+ acres located in the northeast corner of the Site, south of Central College Road, east of Hamilton Road. Sub-Area A is included in this rezoning to reflect the reduction of density in overall anticipated land use, due to the creation of a 20-acre nature preserve with attendant conservation easements. Sub-Area B is 11.32 + acres generally located west of Sub-Area A and Hamilton Road, south of Central College Road with frontage on the west side of Hamilton Road. Sub-Area B is proposed to be rezoned from L-R2F and L-R2 to L-AR-12 for multi-family development of 113 condominium units. Sub-Area C is south and east of Sub-Area B, and will have frontage on Hamilton Road. The proposed rezoning is from L-R2 and R to L-AR-12 to provide for 100 condominium units. Sub-Area D, a 1.086-acre-tract, is proposed as a CPD, limited to C2 uses. It is located north of Sub-Area C and south of Sub-Area B and will also have frontage along Hamilton Road. All sub-area acreage is net of right-of-way for dedication of Hamilton, Central College and Warner Roads. All land use and sub-area plans submitted with this application reflect all required Hamilton Road and Warner Road right-of-way dedication.
Break1
LIMITATION TEXT
SUB-AREA A
L-AR-12, LIMITED APARTMENT RESIDENTIAL
42.287+/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area A: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply to Sub-Area A.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 276 dwelling units.
2. Building: Sub-Area A fronts on Central College and Hamilton Roads, and abuts existing commercial zoning to the west, which existing commercial zoning will also front on and have access to Hamilton Road.
a) The minimum building setback from Hamilton Rd. shall be 50 feet. At the east and south property lines, the Applicant will provide and establish a conservation green space area along Rocky Fork Creek. The proposed conservation easement is depicted on the drawing entitled "WEST ALBANY SUBAREA A", dated October 31, 2003.
b) The minimum building setback from Central College Road shall be 50 feet.
3. Parking Setbacks: The parking setback along Hamilton Road shall be 30 feet. The parking setback along Central College Road shall be 30 feet.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.
2. It is the intention of the City of Columbus Transportation Division that Hamilton Road be constructed as a continuous three-lane roadway, from Warner Road to Central College Road. As applied to this rezoning, and the property which is the subject of this rezoning, Hamilton Road shall be widened by the owner/developer of each respective sub-area addressed herein, to provide a left turn lane at any new curb cut(s) or access point(s) where left turns from Hamilton Road will be legally permitted. The permitted curb cuts and/or access points are included within the City-approved Traffic Access Study for this project. Required widening shall provide a minimum 35 foot wide pavement, consisting of one 12 foot wide through lane in each direction and one 11 foot wide left turn lane, and shall extend the length of the turn lane (including taper) along Hamilton Road. Pavement marking tapers may be used to transition from existing pavement to any widened section provided that the full 35 foot pavement width is constructed in the taper areas and beyond, if needed. In other words, the required widening shall only be required to extend to the widened section associated with the next proposed curb cut, access point or existing street (at the end of the turn lane length, including tapers, for the next proposed curb cut, access point, or existing street). Construction will also include new pavement markings and/or pavement overlay for a two-way left turn lane on adjacent sections.
This requirement is not intended to include any additional road construction, turn lane construction or road widening for: (a) the northbound left turn lane from Hamilton onto Central College Road; or (b) the Hamilton southbound turn lane onto Warner Road, as those intersections are not within the purview of this rezoning, and/or are otherwise included within the requirements of other developments within this area. Traffic signal contributions are addressed separately.
3. The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on its percentage of the overall traffic at those intersections. The Applicant's share of these signals has been studied and determined to be 27.4 % for Hamilton/ Warner and 20.25% for Hamilton/ Central College. Assuming $100,000 per signal installation, this would mean the applicant's responsibility would be $ 47,750. It is recognized, however, that this Applicant has paid 100% of the costs of the signal installation at Hamilton/ westbound 161 ramps, which costs should also be spread among the other developments/rezonings in the area. Since the Applicant has paid 100% of the up-front costs of the Hamilton/ 161 signal, the Applicant will be permitted to "credit" the contribution costs associated with the 27.5 and 20.25 percentages referenced above, against the 100% costs already fronted to construct the Hamilton/161 signal. The Applicant will then, be reimbursed by the City of Columbus, to the extent as discussed below, and at the time the City is reimbursed by other development, for th costs of the Hamilton/161 signal, s the costs ssociated with the 27.5 and 20.25 percentages applied to the Warner/Hamilton and Central College/Hamilton intersections respectively, and minus the Applicant's own traffic use of the Hamilton/161 signal, generated by this development. The percentage of the Applican's traffic use generated by this development, as against the entire regional development picture associated with the use of this intersection shall be agreed upon by the City and Applicant pursuant to calculations compiled by the Applicant's traffic engineer, as part of, or in connection with, the currently contemplated Regional Traffic Study for the Northeast Corridor. Further, the City will require contributions to be collected by the other development/ rezonings, which contributions will be used to reimburse the Applicant, following the above deductions.
4. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements are provided to insre the function of shared driveways and aisles.
5. Applicant agrees to extend pedestrian and vehicular connectons throughout this Sub-Area.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Central College and Hamilton Roads parking setbacks shall be maintained in live vegetation and shall include tree planing at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedge row. Thesetrees are in addition othe street trees required in No. 2 below.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall contain one (1) tree for every 30 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted adjacent to the right-of-way, unless the City Forester approves the planting of the street trees in the right-of-way.
3. A minimum of one (1) tree shall be planted for every ten (10) parking spaces. Trees required by this section shall be integrated into parking areas in landscaping islands a minimum of five (5) feet wide. Preservation of existing trees where preserved and integrated into parking areas shall be counted on a one-for-one basis in offsetting tree planting requirements of this section.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
6. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. Rocky Fork Creek: Sub-Area A is contiguous to Rocky Fork Creek. A scenic/conservation area is being provided along the south and east sides of Sub-Area A, to preserve and protect the Rocky Fork Creek. Snow fencing shall be placed along the line of the scenic/conservation area in the area of any construction, to delineate the area prior to construction commencing on any nearby building. Applicant will make every reasonable effort to preserve and protect existing vegetation in the easement and setback area during any construction. Reasonable and good faith efforts shall be made to preserve existing trees and tree rows occurring within this sub-area outside of the easement and creek setback area. Snow fencing will be placed at the drip line of trees identified to be preserved. The developer shall also provide pedestrian access to the proposed parkland, to the specifications of the Recreation and Parks Department. The Applicant reserves the right to install utility crossings through the area discussed in this section.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines within Sub-Area A shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise mounted directional signs, if any.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Parks and Recreation Department and the Transportation Division of the Department of Public Service.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
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LIMITATION TEXT
SUB-AREA B
L-AR-12, LIMITED APARTMENT RESIDENTIAL
11.790+/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area B: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter
3333 Apartment Districts, shall apply to Sub-Area B.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 117 dwelling units.
2. Building: Sub-Area B fronts on Hamilton Road, and abuts existing commercial zoning to
the north, which existing commercial zoning will also front on and have access to both Hamilton and Central College Roads.
a) A minimum building setback on Hamilton Road shall be 50 feet.
3. Parking Setback: the parking setback for Sub-Area B shall be 30 feet.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.
2. It is the intention of the City of Columbus Transportation Division that Hamilton Road be constructed as a continuous three-lane roadway, from Warner Road to Central College Road. As applied to this rezoning, and the property which is the subject of this rezoning, Hamilton Road shall be widened by the owner/developer of each respective sub-area addressed herein, to provide a left turn lane at any new curb cut(s) or access point(s) where left turns from Hamilton Road will be legally permitted. The permitted curb cuts and/or access points are included within the City-approved Traffic Access Study for this project. Required widening shall provide a minimum 35 foot wide pavement, consisting of one 12 foot wide through lane in each direction and one 11 foot wide left turn lane, and shall extend the length of the turn lane (including taper) along Hamilton Road. Pavement marking tapers may be used to transition from existing pavement to any widened section provided that the full 35 foot pavement width is constructed in the taper areas and beyond, if needed. In other words, the required widening shall only be required to extend to the widened section associated with the next proposed curb cut, access point or existing street (at the end of the turn lane length, including tapers, for the next proposed curb cut, access point, or existing street). Construction will also include new pavement markings and/or pavement overlay for a two-way left turn lane on adjacent sections.
This requirement is not intended to include any additional road construction, turn lane construction or road widening for: (a) the northbound left turn lane from Hamilton onto Central College Road; or (b) the Hamilton southbound turn lane onto Warner Road, as those intersections are not within the purview of this rezoning, and/or are otherwise included within the requirements of other developments within this area. Traffic signal contributions are addressed separately.
3. The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on its percentage of the overall traffic at those intersections. The Applicant's share of these signals has been studied and determined to be 27.4 % for Hamilton/ Warner and 20.25% for Hamilton/ Central College. Assuming $100,000 per signal installation, this would mean the applicant's responsibility would be $ 47,750. It is recognized, however, that this
Applicant has paid 100% of the costs of the signal installation at Hamilton/ westbound 161 ramps, which costs should also be spread among the other developments/rezonings in the area. Since the Applicant has paid 100% of the up-front costs of the Hamilton/ 161 signal, the Applicant will be permitted to "credit" the contribution costs associated with the 27.5 and 20.25 percentages referenced above, against the 100% costs already fronted to construct the Hamilton/161 signal. The Applicant will then, be reimbursed by the City of Columbus, to the extent as discussed below, and at the time the City is reimbursed by other development, for the costs of the Hamilton/161 signal, minus the costs associated with the 27.5 and 20.25 percentages applied to the Warner/Hamilton and Central College/Hamilton intersections respectively, and minus the Applicant's own traffic use of the Hamilton/161 signal, generated by this development. The percentage of the Applicant's traffic use generated by this development, as against the entire regional development picture associated with the use of this intersection shall be agreed upon by the City and Applicant pursuant to calculations compiled by the Applicant's traffic engineer, as part of, or in connection with, the currently contemplated Regional Traffic Study for the Northeast Corridor. Further, the City will require contributions to be collected by the other development/ rezonings, which contributions will be used to reimburse the Applicant, following the above deductions.
4. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements are provided to insure the function of shared driveways and aisles.
5. Applicant agrees to provide pedestrian and vehicular connection to adjoining sub-areas.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Hamilton Road parking setback shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedge rows. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Hamilton Road. The street tree row shall contain one (1) tree for every 30 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted adjacent to the right-of-way, unless the City Forester approves the planting of the street trees in the right-of-way.
3. A minimum of one (1) tree shall be planted for every ten (10) parking spaces. Trees required by this section shall be integrated into parking areas in landscaping islands a minimum of five (5) feet wide. Preservation of existing trees where preserved and integrated into parking areas shall be counted on a one-for-one basis in offsetting tree planting requirements of this section.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
6. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Headlight screening shall be in the form of an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. Applicant shall maintain and preserve the existing open watercourse which traverses this Site and shall maintain a 25-foot conservation easement measured from the centerline of the ditch/watercourse. The Applicant reserves the right to install roadway/access and/or utility crossings through the conservation area.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 20 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines within Sub-Area B shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise mounted directional signs, if any.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Parks and Recreation Department and the Transportation Division of the Department of Public Services. This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
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LIMITATION TEXT
SUB-AREA C
L-AR-12, LIMITED APARTMENT RESIDENTIAL
10.00+/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area C: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply to Sub-Area C.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 100 dwelling units.
2. Building: Sub-Area C fronts on Hamilton Road, and abuts existing commercial zoning to the south, which existing commercial zoning will also front on and have access to both Hamilton and Warner Roads. The building setback from Hamilton Road shall be 50 feet.
3. Parking Setback: the parking setback for Sub-Area C shall be 30 feet from Hamilton Road and 25 feet on the remaining perimeters.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation, or any other applicable governmental agency.
2. It is the intention of the City of Columbus Transportation Division that Hamilton Road be constructed as a continuous three-lane roadway, from Warner Road to Central College Road. As applied to this rezoning, and the property which is the subject of this rezoning, Hamilton Road shall be widened by the owner/developer of each respective sub-area addressed herein, to provide a left turn lane at any new curb cut(s) or access point(s) where left turns from Hamilton Road will be legally permitted. The permitted curb cuts and/or access points are included within the City-approved Traffic Access Study for this project. Required widening shall provide a minimum 35 foot wide pavement, consisting of one 12 foot wide through lane in each direction and one 11 foot wide left turn lane, and shall extend the length of the turn lane (including taper) along Hamilton Road. Pavement marking tapers may be used to transition from existing pavement to any widened section provided that the full 35 foot pavement width is constructed in the taper areas and beyond, if needed. In other words, the required widening shall only be required to extend to the widened section associated with the next proposed curb cut, access point or existing street (at the end of the turn lane length, including tapers, for the next proposed curb cut, access point, or existing street). Construction will also include new pavement markings and/or pavement overlay for a two-way left turn lane on adjacent sections.
This requirement is not intended to include any additional road construction, turn lane construction or road widening for: (a) the northbound left turn lane from Hamilton onto Central College Road; or (b) the Hamilton southbound turn lane onto Warner Road, as those intersections are not within the purview of this rezoning, and/or are otherwise included within the requirements of other developments within this area. Traffic signal contributions are addressed separately.
3. The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on its percentage of the overall traffic at those intersections. The Applicant's share of these signals has been studied and determined to be 27.4 % for Hamilton/ Warner and 20.25% for Hamilton/ Central College. Assuming $100,000 per signal installation, this would mean the applicant's responsibility would be $ 47,750. It is recognized, however, that this Applicant has paid 100% of the costs of the signal installation at Hamilton/ westbound 161 ramps, which costs should also be spread among the other developments/rezonings in the area. Since the Applicant has paid 100% of the up-front costs of the Hamilton/ 161 signal, the Applicant will be permitted to "credit" the contribution costs associated with the 27.5 and 20.25 percentages referenced above, against the 100% costs already fronted to construct the Hamilton/161 signal. The Applicant will then, be reimbursed by the City of Columbus, to the extent as discussed below, and at the time the City is reimbursed by other development, for the costs of the Hamilton/161 signal, minus the costs associated with the 27.5 and 20.25 percentages applied to the Warner/Hamilton and Central College/Hamilton intersections respectively, and minus the Applicant's own traffic use of the Hamilton/161 signal, generated by this development. The percentage of the Applicant's traffic use generated by this development, as against the entire regional development picture associated with the use of this intersection shall be agreed upon by the City and Applicant pursuant to calculations compiled by the Applicant's traffic engineer, as part of, or in connection with, the currently contemplated Regional Traffic Study for the Northeast Corridor. Further, the City will require contributions to be collected by the other development/ rezonings, which contributions will be used to reimburse the Applicant, following the above deductions.
4. Driveway access points and aisles may be divided by property lines without regard to minimum dimensions within any single property, as long as the overall driveway or aisle dimensions meet minimum Code requirements and easements are provided to insure the function of shared driveways and aisles.
5. Applicant agrees to provide pedestrian and vehicular connection to adjoining sub-areas.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Hamilton Road parking setback shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedge rows. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Hamilton Road. The street tree row shall contain one (1) tree for every 30 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted adjacent to the right-of-way, unless the City Forester approves the planting of the street trees in the right-of-way.
3. A minimum of one (1) tree shall be planted for every ten (10) parking spaces. Trees required by this section shall be integrated into parking areas in landscaping islands a minimum of five (5) feet wide. Preservation of existing trees where preserved and integrated into parking areas shall be counted on a one-for-one basis in offsetting tree planting requirements of this section.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 20 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines within Sub-Area C shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise mounted directional signs, if any.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Parks and Recreation Department and the Transportation Division of the Department of Public Service.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
SUB-AREA D
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.086 ACRES
1. PERMITTED USES: All uses permitted in Columbus City Code Chapter 3353, C2 Commercial District.
2. DEVELOPMENT STANDARDS: The applicable development standards shall be as specified in Chapter 3353, C2 Commercial District, except as specifically set forth herein, by provisions intended to create an overlay-type environment.
A. Density, Height, Lot and/or Setback Commitments.
1. The minimum building setback along Hamilton Road shall be 50 feet.
2. The minimum parking setback along Hamilton Road, shall be 30 feet.
3. Lot Coverage for Building and Pavement for this sub-area shall not exceed seventy (70%) percent.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts shall be approved by the City of Columbus Transportation Division.
2. It is the intention of the City of Columbus Transportation Division that Hamilton Road be constructed as a continuous three-lane roadway, from Warner Road to Central College Road. As applied to this rezoning, and the property which is the subject of this rezoning, Hamilton Road shall be widened by the owner/developer of each respective sub-area addressed herein, to provide a left turn lane at any new curb cut(s) or access point(s) where left turns from Hamilton Road will be legally permitted. The permitted curb cuts and/or access points are included within the City-approved Traffic Access Study for this project. Required widening shall provide a minimum 35 foot wide pavement, consisting of one 12 foot wide through lane in each direction and one 11 foot wide left turn lane, and shall extend the length of the turn lane (including taper) along Hamilton Road. Pavement marking tapers may be used to trnsitio rmexisting pavement to any widened sectio provided that the full 35 foot pavement width is constructed in the taper areas and beyond, if needed. In other words, the required widening shall only be required to extend to the widened section associated with the next proposed curb cut, access point or existng street (at the end of the turn lane length, including tapers, for the next proposed curb cut, access point, or existing street). Construction will also include new pavement markings and/or pavement overlay for a two-way left turn lane on adjacent sections.
This requirement is not intended to include any additional road construction, turn lane construction or road widening for: (a) the northbound left turn lane from Hamilton onto Central College Road; or (b) the Hamilton southbound turn lane onto Warner Road, as those intersections are not within the purview of this rezoning, and/or are otherwise included within the requirements of other developments within this area. Traffic signal contributions are addressed separately.
3. The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on itspercentage of the overall traffic at hose intersections. The Applicant's share of these signals has been studied and determined to be 27.4 % for Hamilton/ Warner and 20.25% for Hamilton/ Central College. Assuming $100,000 per signal installation, this would ean the applicant's resposibility would be $ 47,750. It is recognized, however, that this Applicant has paid 100% of the costs of the sgnal installation at Hamilton/ westbound 161 ramps, which costs should also be spread among the other developments/rezonings in the area. Sincethe Applicant has paid 100% of the up-front costs of the milton/ 161 signal, the Applicant will be permitted to "credit" the contributioncosts associated with the 27.5 and 20.25 percentages referenced above, against the 100% costs already frnted to construct the Hamilton/161 signal. The Applicant will then, be reimbursed by the City of Columbus, to the extent as discussed below, and at the time the City is reimbursed by other development, for the costs of the Hamilton/161 signal, minus the costs associated with the 27.5 and 20.25 percentages applied to the Warner/Hamilton and Central College/Hamilton intersections respectively, and minus the Applicant's own traffic use of the Hamilton/161 signal, generated by this development. The percentage of the Applicant's traffic use generated by this development, as against the entire regional development picture associated with the use of this intersection shall be agreed upon by the City and Applicant pursuant to calculations compiled by the Applicant's traffic engineer, as part of, or in connection with, the currently contemplated Regional Traffic Study for the Northeast Corridor. Further, the City will require contributions to be collected by the other development/ rezonings, which contributions will be used to reimburse the Applicant, following the above deductions.
4. Driveway access points and aisles may be divided by property lines and sub-area lines, without regard to minimum dimensions within any single property or sub-area, as long as the overall driveway or aisle dimensions
meet minimum code requirements, and easements, as applicable, which are provided to insure the function of shared driveways and aisles.
5. Required parking and vehicular circular design:
(a) To provide the most efficient design and lay-out of parking, aisles, driveways and vehicular circulation areas, and to minimize unnecessary paving, parking spaces, aisles, driveways and vehicular circulation, areas may be designed without regard to property lines or internal sub-area lines. Cross-easements shall be provided as applicable to insure the designed function of the parking and internal vehicular circulation system.
(b) Code-required parking may be reduced with the administrative approval of the Transportation Division upon submission of appropriate and applicable data regarding shared parking, or other demonstration of parking needs being less than the calculated code required parking.
(c) There shall be no required parking for seasonal outside seating areas.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The parking setback areas along Hamilton Road shall be maintained in live vegetation and shall include tree and shrub planting at a rate of four (4) trees and four (4) shrubs per 100 lineal feet of frontage. Trees shall be placed randomly to stimulate natural hedge rows. The trees are in addition to those required in No. 2 below. The Applicant retains the right to place some of these trees in vehicular use areas of the sub-area to achieve the seventy (70%) percent lot coverage requirement of the Accord.
2. The street tree row established by other sub-areas within this text, shall be continued through this sub-area. The street tree row shall contain one (1) tree for every 30 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the Columbus Forester. The trees shall be approximately evenly spaced and planted adjacent to the right-of-way, unless the City Forester approves of planting trees in the right-of-way.
3. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Said
headlight screening shall be in the form of an evergreen hedge, earth mounding or wall. The height of headlight screening may be reduced as needed adjacent to curb cuts or to provide adequate vision clearance.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. There shall be no roof-mounted mechanical equipment or utility hardware unless said mechanicals are screened by decorative cornices. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 20 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. All new or relocated utility lines within Sub-Area E shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
6. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C2 Commercial District. Any variance to the applicable requirements of the C2 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise mounted directional signs, if any.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Parks and Recreation Department and the Transportation Division of the Department of Public Service. This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways. This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided
GENERAL PROVISIONS APPLICABLE TO ALL SUBAREAS
The Site shall be developed in accordance with the Site Plan submitted herewith. The Site Plan may be slightly adjusted to reflect engineering, topographical, or other Site data, developed at the time development or engineering plans are completed. Any slight adjustments to the plan shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment.
ADDITIONAL TRAFFIC-RELATED COMMITMENTS:
1. Traffic signals that are required to be installed at private drives shall be subject to maintenance costs in accordance with City policy.
2. The following right-of-way dedication will be made:
Fifty (50) feet from centerline on Central College Road.
SEVERABILITY:
Sub-Areas A, B, C and D are included together in this one application solely for the purpose of rezoning contiguous property under one application process. At all times in the future, Sub-Areas A, B, C and D may be rezoned individually, in combination with each other, or in combination with other abutting land not part of this application.
FORUM FOR VARIANCE:
The Board of Zoning Adjustment shall be the body to hear any and all variance requests to Site development standards, including any and all specific Site development standards contained in this ordinance.
DEVELOPMENT TEXT
L-AR-12, LIMITED APARTMENT RESIDENTIAL DISTRICT and CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
65.1 +/- ACRES
EXISTING DISTRICTS:
L-AR-12, Limited Apartment Residential, L-R-2F, Limited Residential and L-R-2, Limited Residential
Districts
PROPOSED DISTRICT:
L-AR-12, Limited Apartment Residential and CPD, Commercial Planned Development District
PROPERTY ADDRESS:
5373 Central College Road, Columbus, OH 43235
OWNER:
Cardinal Title Holding Company and Townsend Construction Co. c/o Dave Perry, Agent for Property
Owner, The David Perry Co., 145 East Rich Street, Columbus, OH 43215
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APPLICANT:
Cardinal Title Holding Company c/o Dave Perry, Agent for Applicant, The David Perry Co., 145 East
Rich Street, Columbus, OH 43215
DATE OF TEXT:
December 10, 2004
APPLICATION NUMBER:
Z03-009
INTRODUCTION:
The subject property ("Site") consists of 65.1 + acres generally located south of Central College Road, on the east and west sides of Hamilton Road. All of the Site is presently zoned in the L-AR-12, L-R-2F and L-R-2 zoning districts. By the proposed rezoning, overall existing permitted density will be reduced and open space, including a 19 +/- area of permanent dedicated open space will be provided. Four (4) Sub-Areas are proposed, as follows: Sub-Area A (L-AR-12), Sub-Area B (L-AR-12), Sub-Area C (L-AR-12) and Sub-Area D (CPD). The rezoning proposal is consistent with goals and objectives of the Rocky Fork Blacklick Accord and general planning principles.
The locations of Sub-Areas A, B, C and D are depicted on the plan titled "Sub-Area Plan, Hamilton Road, City of Columbus, hereinafter "Sub-Area Plan", dated 12/10/04 and signed 12/10/04 by David B. Perry, Agent for Applicant. Sub-Area A is 42+ acres located south of Central College Road, east of Hamilton Road. Sub-Area A, while having existing L-AR-12 zoning, is included in this rezoning to reflect the reduction of density proposed for Sub-Area A and the creation of a 19 +/- acre dedicated open space area that is presently part of the area zoned L-AR-12 that permits up to 423 dwelling units under existing zoning. A total of 262 (maximum) dwelling units are proposed for Sub-Area A. 19 +/- acres of the current existing L-AR-12 area will be set aside as permanent dedicated open space. Sub-Area B is 11.7 + acres generally located on the west side of Hamilton Road, south of Central College Road. Sub-Area B is proposed to be rezoned from L-R2F and L-R2 to L-AR-12 for development of 117 (maximum) condominium units. Sub-Area C is 10 +/- acres located south of Sub-Area B, and fronts on the west side of Hamilton Road. Sub-Area C is proposed to be rezoned from L-R-2 to L-AR-12 for development of 92 (maximum) dwelling units. Sub-Area D fronts on Hamilton Road and abuts the north side of Sub-Area C. Sub-area D is 1.0 +/- acres and is proposed to be rezoned from L-R-2 to CPD for C-2, Commercial uses.
SUB-AREA A
L-AR-12, LIMITED APARTMENT RESIDENTIAL
42.3+/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area A: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.
2. DEVELOPMENT STANDARDS: Except as depicted on the site plan titled "Sub-Area A: Traditions at Rocky Fork", hereinafter "A Plan", dated December 10, 2004 and signed December 10, 2004 by David B. Perry, Agent for Applicant, or other site plan as may be approved by the Rocky Fork Implementation Board, and as specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply to Sub-Area A.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 262 dwelling units.
2. The minimum parking setback along Hamilton Road and Central College Road shall be 30 feet.
3. No building shall exceed 2 ½ stories.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.
2. The Hamilton Road and Central College Road access points depicted on the A Plan are full turning access points and shall be shared to provide access to both Sub-Area A and the commercially zoned property adjacent to Sub-Area A and located generally at the southeast corner of Hamilton Road and Central College Road. The Hamilton Road full turning access is subject to approval of final design, including applicable turn lanes.
3. See "General Provisions Applicable to All Sub-Areas" for additional Traffic Related Commitments.
4. The site shall comply with the minimum number of code required off-street parking spaces. Developer may elect to seek a variance to permit parking in the driveway of some or all dwelling units, thereby permitting stack parking behind a garage bay and counting the driveway space as a parking space for purposes of providing the applicable number of code required parking spaces.
5. All on site streets will be private. The private streets shall be designed with a minimum pavement
width of 22 feet.
a. Parking restrictions shall be controlled by appropriate signage displayed within the development and shall include that parking shall be limited to one side of the street within a 22' pavement section and that no parking shall be permitted on either side of any street within 25' of street intersections. Parallel parking is permitted on both sides of a private street subject to the parallel parking occurring outside of the 22 feet of pavement for the private street. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the condominium/homeowner association shall be established by the rules and regulations of the association.
b. Parking is not to be allowed anywhere but in garages, on streets as set forth in note "a" above, in driveways, where applicable, and in surface parking areas approved in conjunction with a Certificate of Zoning Clearance. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
c. The owner, developer and or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking 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 the association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above.
d.Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
e.The owner, developer, or the association of homeowners, as applicable, 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 or alleys.
6. Internal sidewalks shall be provided, as sidewalks are depicted on the A Plan.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Central College and Hamilton Roads parking setbacks shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedgerow. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall require trees at the rate of one (1) tree for every 30 feet of lineal frontage, but trees shall be planted in a natural hedgerow manner rather than in a straight line and may include grouping of trees. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
3. A minimum of one (1) tree per dwelling unit shall be planted.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 5 feet in height.
6. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of Hamilton Road. Headlight screening shall be in the form of an evergreen hedge or other landscaping, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. A fence shall be provided approximately along the property line of that portion of the "Housing Development Area" of Sub-Area A where contiguous to land conveyed to the City of Columbus for parkland. The land to be conveyed to the City of Columbus shall be depicted on the Certificate of Zoning Clearance and the fence will also be depicted. The fence shall be a 3 rail, split rail fence, approximately 36 inches high, or other fence agreed upon between developer and the Recreation and Parks Department in conjunction with a Certificate of Zoning Clearance.
8. Mounding shall have a maximum slope of 3:1.
9. Rocky Fork Creek:
a) Sub-Area A is contiguous to Rocky Fork Creek. The area of Sub-Area A outside of the 23.3 +/- acre development area ("Housing Development Area of Sub-Area A") within Sub-Area A, as depicted on the A Plan, shall be dedicated to the City of Columbus as parkland, subject to utility crossing(s) and permanent placement of utilities, including storm drainage crossings and/or detention/retention ponds, and consistent with the development of the 23.3 +/- "Housing Development Area" of Sub-Area A. The Public Utilities Department and/or Recreation and Parks Department may require that some portion of the 19 +/- parkland area is not conveyed to the city to keep storm detention basins within the "Housing Development Area". The Best Management Practices (BMP) will be used in the design of all utilities in the area of land to be dedicated to the City of Columbus. It is understood that storm water from "Housing Development Area" of Sub-Area A will be discharged to the south outside of the "Housing Development Area" of Sub-Area A. The south and east lines of the "Housing Development Area" of Sub-Area A may be adjusted as needed if it is determined by the Parks Department and Public Utilities Department that storm water facilities shall remain within the development area of Sub-Area A, based on final storm water engineering. Regardless of the actual final property line established by conveyance of park property to the City of Columbus, all buildings and parking permitted in Sub-Area A for the 262 dwelling units shall be located within the area depicted as the "Housing Development Area" within Sub-Area A. With approval of the Public Utilities and Recreation and Parks Departments, other alternatives, such as, but not limited to, acceptance of property with an easement for developer maintenance, if any, of storm water management facilities, is acceptable, then this or other options may also be permitted.
b) Snow fencing shall be placed along the line of the 23.3 +/- development area in Sub-Area A, along the east, and south boundaries, to delineate the line of the development area prior to construction commencing (grading) for any nearby building. Applicant will make every reasonable effort to preserve and protect existing vegetation outside of the development area, consistent with reasonable construction practices.
c) Subject to minor adjustment with final engineering and/or surveying, building setbacks from Rocky Fork Creek shall be as depicted on the A Plan. Building #21, as numbered on the A Plan, shall be no closer than 65 feet to the top of the west bank of the Rocky Fork Creek.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater. Dimensional asphalt shingles shall be used.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12.
5. The following commitments are made relative to specific buildings, as numbered on A Plan: Building 33 - a minimum of six (6) evergreens shall be planted adjacent to the west end of the building and brick shall be provided on three (3) feet of the west elevation, wrapping from the front (north) elevation, Building 35: a minimum of six (6) evergreens shall be planted adjacent to the north end of the building and brick shall be provided on three (3) feet of the north elevation, wrapping from the front (west) elevation and, Building 39: a minimum of six (6) evergreens shall be planted adjacent to the north end of the building and brick shall be provided on three (3) feet of the north elevation, wrapping from the front (east) elevation).
6. The pool depicted on the A Plan is optional.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot and private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 16 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. Ground mounted lighting is permitted but the source of light shall be screened to prevent glare.
6. All new or relocated utility lines within Sub-Area A shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
7. It is the developer's intention to obtain a dumpster waiver. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise directional signs, if any. This provision shall not preclude incorporation of signage into entrance features or mounting of signage on entrance feature walls or fencing.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Recreation and Parks Department and the Transportation Division of the Department of Public Service.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback aeas betwen or to adjacent propertie.
par 3. Bicycle parking will be provided.
SUB-AREA Bpar cf2 L-AR-12, LIMITED APARTMENT RESIDENTIAL
11.7+/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area B: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.
2. DEVELOPMENT STANDARDS: Except as depicted on the site plan titled "Sub-Area B - Albany Reserve", hereinafter "B Plan", dated December 10, 2004 and signed December 10, 2004 by David B. Perry, Agent for Applicant, or other site plan as may be approved by the Rocky Fork Implementation Board, and as specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply to Sub-Area B.
A. Density, Height, Lot and/or Setback Commitments.
1. Density shall not exceed 117 dwelling units.
2. The minimum parking setback along Hamilton Road shall be 30 feet.
3. No building shall exceed 2 ½ stories.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency.
2. The Hamilton Road access point depicted on the B Plan is a full turning movement curbcut.
3. The B Plan depicts a driveway and sidewalk terminating at the west property line in alignment with the terminus of a street to be built on an adjacent development to the west. The B Plan shows a driveway, sidewalk and gated access to provide for future alternative means of vehicular egress and sidewalk connection to the west. The owner of the property to the west has not granted permission for either vehicular or pedestrian access to the property to the west at this time and there is no assurance that the current owner will ever grant permission or grant permission under any reasonable term(s) or condition(s). Applicant will build the vehicular and pedestrian connection to the west property line of Sub-Area B, as depicted on the B Plan, regardless of whether permission is granted for access across the west property line or not to provide the physical infrastructure for vehicular and pedestrian connection in the future. Prior to the issuance of the Certificate of Zoning Clearance for the Sub-Area B development, the City will work with the developer of Sub-Area B and the property owner to the west to determine if, how, when and where roadway connectivity occurs. The City of Columbus, and all individuals acting on its behalf, understands that time is of the essence in the city's efforts to work with the developer of Sub-Area B and the property owner to the west relative to this issue of determining if, how, when and where roadway connectivity occurs and that City approval of the Sub-Area B Certificate of Zoning Clearance will not be unreasonably withheld based on the unwillingness of the property owner to the west to provide access at all or under reasonable terms and/or conditions. For purposes of processing of the Certificate of Zoning Clearance, B(3) of the Sub-Area B Development Text shall be deemed to be satisfied in full upon approval of the Certificate of Zoning Clearance submittal by the Division of Transportation.
4. See "General Provisions Applicable to All Sub-Areas" for additional Traffic Related Commitments.
5. The site shall comply with the minimum number of code required off-street parking spaces. Developer may elect to seek a variance to permit parking in the driveway of some or all dwelling units, thereby permitting stack parking behind a garage bay and counting the driveway space as a parking space for purposes of providing the applicable number of code required parking spaces.
6. Internal sidewalks shall be provided, as sidewalks are depicted on the B Plan.
7. All on site streets will be private. The private streets shall be designed with a minimum pavement
width of 22 feet.
a. Parking restrictions shall be controlled by appropriate signage displayed within the development and shall include that parking shall be limited to one side of the street and that no parking shall be permitted on either side of any street within 25' of street intersections. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the condominium/homeowner association shall be established by the rules and regulations of the association.
b. Parking is not to be allowed anywhere but in garages, on streets as set forth in note "a" above, in driveways, where applicable, and in surface parking areas approved in conjunction with a Certificate of Zoning Clearance. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
c. The owner, developer and or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking 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 the association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above.
d.Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
e.The owner, developer, or the association of homeowners, as applicable, 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 or alleys.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Hamilton Road parking setback shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedgerows. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall require trees at the rate of one (1) tree for every 30 feet of lineal frontage, but trees shall be planted in a natural hedgerow manner rather than in a straight line and may include grouping of trees. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
3. A minimum of one (1) tree per dwelling unit shall be planted.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
6. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of Hamilton Road. Headlight screening shall be in the form of an evergreen hedge, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. Applicant shall maintain and preserve the existing open watercourse that traverses Sub-area B and shall maintain a 25-foot conservation easement measured from the centerline of the ditch/watercourse. Vehicular and pedestrian crossings and utility crossings of the conservation area are permitted.
8. Mounding shall have a maximum slope of 3:1.
D. Building Design and/or Interior-Exterior Treatment Commitments
1. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
4. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
5. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12. Dimensional asphalt shingles shall be used.
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6. The B Plan depicts optional patios/decks/porches or room additions for each unit on the B Plan. These areas are optional and may be patios/decks/porches or room additions. The depiction on the B Plan is not intended to depict a requirement to provide or to depict or limit the actual size. As applicable, construction of the optional patios/decks/porches or room additions is subject to perimeter yard and building setback line requirements. The patios/decks/porches or room additions may be partially recessed into the units or may start at the adjacent wall of the unit/building.
7. The pool depicted on the B Plan is optional.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot and private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 16 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. Ground mounted lighting is permitted but the source of light shall be screened to prevent glare.
6. All new or relocated utility lines within Sub-Area B shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
7. It is the developer's intention to obtain a dumpster waiver. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise directional signs, if any. This provision shall not preclude incorporation of signage into entrance features or mounting of signage on entrance feature walls or fencing.
G. Miscellaneous
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Recreation and Parks Department and the Transportation Division of the Department of Public Services. This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
SUB-AREA C
L-AR-12, LIMITED APARTMENT RESIDENTIAL
10.0 +/- ACRES
1. PERMITTED USES: The following uses shall be permitted in Sub-Area C: Those listed in §3333.02 (AR-12) Apartment Residential, of the Columbus City Code and permitted accessory uses.
2. DEVELOPMENT STANDARDS: Except as depicted on the site plan titled "Sub-Area C - Z03-009", hereinafter "C Plan", dated December 10, 2004 and signed or other site plan as may be approved by the Rocky Fork Implementation Board, by David B. Perry, Agent for Applicant, or other site plan as may be approved by the Rocky Fork Implementation Board, and as specified herein, the applicable development standards of Chapter 3333 Apartment Districts, shall apply to Sub-Area C.
A. Density, Height, Lot and/or Setback Commitments.
1. There shall be a maximum of 92 dwelling units in Sub-Area C.
2. The minimum parking setback along Hamilton Road shall be 30 feet.
3. No building shall exceed 2 ½ stories.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation, or any other applicable governmental agency.
2. The Hamilton Road access point depicted on the C Plan is a full turning movement curbcut.
3. The C Plan depicts vehicular connection to an off-site street ("Albany Crossing Boulevard") to the north of Sub-Area C, to provide an alternative means of vehicular connection for Sub-Area C. If access is denied by the property owner of adjacent property to the north, no alternate access will be provided.
4. See "General Provisions Applicable to All Sub-Areas" for additional Traffic Related Commitments.
5. The site shall comply with the minimum number of code required off-street parking spaces. Developer may elect to seek a variance to permit parking in the driveway of some or all dwelling units, thereby permitting stack parking behind a garage bay and counting the driveway space as a parking space for purposes of providing the applicable number of code required parking spaces. If such a variance is not granted, additional surface parking will be provided on the C Plan to comply with the minimum number of parking spaces without counting a parking space in the driveway of each dwelling unit.
6. An internal sidewalk and walking path shall be provided. The internal sidewalk shall be on one side of the internal private street other than driveway areas and small grass areas between driveways. A sidewalk shall be provided on one side of the driveway connection to the abutting property to the north.
7. All on site streets will be private. The private streets shall be designed with a minimum pavement
width of 22 feet.
a. Parking restrictions shall be controlled by appropriate signage displayed within the development and shall include that parking shall be limited to one side of the street and that no parking shall be permitted on either side of any street within 25' of street intersections. Fire Hydrants shall be located on the side of the street where no parking is permitted. Enforcement by the condominium/homeowner association shall be established by the rules and regulations of the association.
b. Parking is not to be allowed anywhere but in garages, on streets as set forth in note "a" above, in driveways, where applicable, and in surface parking areas approved in conjunction with a Certificate of Zoning Clearance. In conjunction with note "a" above, the owner, developer, their successors and assigns (including the association of homeowners) must provide and maintain adequate and proper signage to designate all no parking zones.
c. The owner, developer and or the association of homeowners must establish and maintain an agreement(s) with private towing company(s), which agreement(s) authorize the private towing company(s) to remove/tow any vehicles parking 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 the association determines, so long as at least one such agreement shall always be in force for the purposes of enforcement/removal/towing as required above.
d.Towing agreements shall be filed with the Division of Fire, Fire Prevention Bureau upon execution of contract.
e.The owner, developer, or the association of homeowners, as applicable, 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 or alleys.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The Hamilton Road parking setback shall be maintained in live vegetation and shall include tree planting at the rate of four (4) trees per 100 lineal feet of street frontage. The trees shall be placed randomly to simulate natural hedgerows. These trees are in addition to the street trees required in No. 2 below.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall require trees at the rate of one (1) tree for every 30 feet of lineal frontage, but trees shall be planted in a natural hedgerow manner rather than in a straight line and may include grouping of trees. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
3. A minimum of one (1) tree per dwelling unit shall be planted.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six (6) months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
6. All parking areas adjacent to Hamilton Road shall have headlight screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of Hamilton Road. Headlight screening shall be in the form of an evergreen hedge or other landscaping, earth mounding or walls. The height of headlight screening may be reduced as needed adjacent to curb cuts to provide adequate vision clearance.
7. Mounding shall have a maximum slope of 3:1.
8. Tree preservation areas are illustrated on the C Plan. It is the intention that trees larger than 8 inch caliper are preserved within the tree preservations areas. Tree preservation are management to remove dead and dying trees as well as maintenance to remove any tree that presents a safety hazard. Smaller trees and under story plant material may be removed as the discretion of the developer. The boundaries of the tree preservation areas are illustrative as depicted on the C Plan and subject to adjustment with final engineering.
D. Building Design and/or Interior-Exterior Treatment Commitments
1.Building design shall be consistent with illustrative building elevations approved by the Rocky Fork Implementation Board in conjunction with the approval of a site plan for Sub-Area C.
2. There shall be no roof-mounted mechanical equipment or utility hardware. Ground-mounted mechanical or utility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
3. Building illumination shall be permitted, provided such light source is concealed. No colored light shall be used to light the exterior of any building.
4. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they are natural in appearance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
5. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12. Dimensional asphalt shingles shall be used.
6. A clubhouse and/or pool may be added to the site at the option of the developer.
7. The C Plan depicts optional patios/decks/porches and/or room additions. These areas are optional and may be patios/decks/porches and/or room additions. The depiction on the C Plan is not intended to depict a requirement to provide or to depict or limit the actual size. As applicable, construction of the optional patios, decks, porches and/or room additions is subject to perimeter yard and building setback line requirements.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot and private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 16 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. Ground mounted lighting is permitted but the source of light shall be screened to prevent glare.
6. All new or relocated utility lines within Sub-Area C shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
7. It is the developer's intention to obtain a dumpster waiver. Subject to approval of a Dumpster Waiver, refuse collection shall be provided by private hauler. All residents shall have a private refuse container(s). If a dumpster waiver is not granted or if revoked by the City of Columbus or if the Condominium Association requests refuse service by the City of Columbus, dumpsters will be provided in accordance with applicable city code.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the AR-12, Apartment Residential Districts. Any variance to the applicable requirements of the AR-12 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise directional signs, if any. This provision shall not preclude incorporation of signage into entrance features or mounting of signage on entrance feature walls or fencing.
G. Miscellaneous.
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Recreation and Parks Department and the Transportation Division of the Department of Public Service.
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
SUB-AREA D
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.0+/- ACRES
1. PERMITTED USES: All uses permitted in Columbus City Code Chapter 3353.03, C-2, Office Commercial District.
2. DEVELOPMENT STANDARDS: The applicable development standards shall be as specified in Chapter 3353, C-2, Office Commercial District, except as specifically set forth herein.
A. Density, Height, Lot and/or Setback Commitments.
1. The minimum building setback along Hamilton Road shall be 50 feet.
2. The minimum parking setback along Hamilton Road, shall be 30 feet.
3. Lot Coverage for Building and Pavement for this sub-area shall not exceed seventy (70%) percent.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts shall be approved by the City of Columbus Transportation Division.
2. See "General Provisions Applicable to All Sub-Areas" for additional Traffic Related Commitments.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. The parking setback areas along Hamilton Road shall be maintained in live vegetation and shall include tree and shrub planting at a rate of four (4) trees and four (4) shrubs per 100 lineal feet of frontage. Trees shall be placed randomly to stimulate natural hedgerows. The trees are in addition to those required in No. 2 below. The Applicant retains the right to place some of these trees in vehicular use areas of the sub-area to achieve the seventy (70%) percent lot coverage requirement of the Accord.
2. A street tree row shall be established along Central College and Hamilton Roads. The street tree row shall require trees at the rate of one (1) tree for every 30 feet of lineal frontage, but trees shall be planted in a natural hedgerow manner rather than in a straight line and may include grouping of trees. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of the City Forester and Public Service Department, or otherwise shall be planted adjacent to the right-of-way.
3. All parking areas adjacent to Hamilton Road shall have headlight-screening parallel to the frontage, with a minimum height of 36 inches measured from the elevation of the nearest section of the adjacent parking area. Said headlight screening shall be in the form of an evergreen hedge, earth mounding or wall. The height of headlight screening may be reduced as needed adjacent to curb cuts or to provide adequate vision clearance.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
5. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inch caliper; Ornamental - 1 ½ inch caliper; Evergreen - 6 feet in height.
6. Mounding shall have a maximum slope of 3:1.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. There shall be no roof-mounted mechanical equipment or utility hardware unless said mechanicals are screened by decorative cornices. Ground-mounted mechanical orutility equipment shall be fully screened from view from ground level by landscaping or any fence or wall utilizing comparable and compatible materials as the building materials.
2. Building ilumination shall be permitted, provided sch light source is concealed. No colored light shall be used to light the exterior of any building.
3. Building materials shall be traditional and natural in appearance, such as wood, brick, stone, stucco, EIFS and/or glass. Vinyl and other materials are permitted as long as they ae natural in ppeaance. Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater.
4. The primary roof of all buildings shall be pitched or sloped with a minimum slope of 6:12. If shingles are used for roofing, they shall be dimensional shingles.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot and private street lighting fixtures shall be fully shielded cut-off fixtures (down lighting) or decorative lantern or luminaire-style fixtures
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 20 feet in height.
4. Building-mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize off-site light spillage.
5. Ground mounted lighting is permitted but the source of light shall be screened to prevent glare.
6. All new or relocated utility lines within Sub-Area E shall be installed underground, unless a public utility does not permit underground installation in a particular location or instance.
7. All lighting shall be positioned as to not be directed toward any residential area.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C2 Commercial District. Any variance to the applicable requirements of the C2 district shall be submitted to the Columbus Graphics Commission.
2. All ground-mounted signage shall be monument-style, except for incidental on-premise mounted directional signs, if any. This provision shall not preclude incorporation of signage into entrance features or mounting of signage on entrance feature walls or fencing.
G. Miscellaneous.
1. Pedestrian access, sidewalks and/or bikeways within the development will be provided to connect to areas outside of the development, and designed and located in cooperation with the Columbus Recreation and Parks Department and the Transportation Division of the Department of Public Service. This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways
2. To facilitate pedestrian movement between all sub-areas, pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between or to adjacent properties.
3. Bicycle parking will be provided.
GENERAL PROVISIONS APPLICABLE TO ALL SUBAREAS
1. Sub-Area Plan and Sub-Area Land Plans:
The following plans are submitted with this application: 1) "Sub-Area Plan, Hamilton Road, City of Columbus", dated December 10, 2004, 2) "Sub-Area A: Traditions at Rocky Fork", dated December 10, 2004, 3) "Sub-Area B - Albany Reserve" dated December 10, 2004 and 4) "Sub-Area C - Z03-009", dated December 10, 2004, all signed December 10, 2004 by David B. Perry, Agent for Applicant. The "Sub-Area Plan, Hamilton Road, City of Columbus" depicts the location and approximate acreage of each sub-area. All other plans are land plans of the proposed site development of Sub-Areas A, B and C. None of the plans are fully engineered plans. The land plans are representative of the planned developments, but, are subject to modification and adjustment consistent with final engineering. Depiction of specific buildings at a specific location is not intended to prevent minor changes of building types/locations consistent with final engineering, if needed. Any modification or adjustment shall be reviewed and approved by the Development Director or designee, upon submission of appropriate data regarding the proposed adjustment. All of the Sub-Area land plans (A, B, C) were reviewed and approved by the Rocky Fork Implementation Board (RFIB). If engineered plans are substantially or materially different than as depicted on the land plans for Sub-areas A, B and C, or outside of the scope of approval by the Development Director or designee, the developer of the applicable sub-area may seek a new plan approval from the RFIB. With RFIB approval, a revised land development plan may be substituted for the sub-area land development plans (# 2, 3, 4, above) with no action required to amend this ordinance as long as the amended plan also complies with all applicable code requirements, minimum standards established in this ordinance and does not exceed maximum density in the sub-area.
2. Traffic:
a) It is the intention of the City of Columbus that Hamilton Road be reconstructed as a single five (5) lane road with median from Warner Road to Central College Road. The five (5) lanes will consist of two (2) moving lanes in each direction with a median and defined breaks in the median for left turn lanes. It is the desire of the City of Columbus that the reconstruction occur as a single road project overseen by the City of Columbus rather than individual developers performing portions of road work for left turn lanes or widening applicable to specific projects. Consistent with the objective of a single road construction project, the City of Columbus will require the developer of each Sub-Area to pay the City of Columbus the cost of left turn lanes for each sub-area and right turn lanes, as determined by warrant analysis with the Division of Transportation.
b) The Applicant will have signal contributions for the Warner/ Hamilton and Central College/ Hamilton intersections, based on the percentage of the overall traffic at those intersections attributable to the property rezoned by this application, as established in the Northeast Regional Traffic Study (NRTS) currently being prepared by Evans Mechwart Hambleton and Tilton, Inc. (EMH&T). The developer of each sub-area will pay their pro rata share of the total signal contributions to the City of Columbus based on data from the NTRS if the NTRS data determines the percentage of overall traffic at the referenced intersections attributable to each Sub-Area (A, B, C, D) or, if not determined by the NTRS, by pro rata determination approved by the Division of Transportation.
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c) Prior to the issuance of a Certificate of Zoning Clearance for each Sub-Area, the developer of each sub-area shall determine with the Franklin County Engineer whether the Franklin County Engineer has any jurisdiction related to the proposed sub-area development and related off-site road work, such as turn lanes. If the Franklin County Engineer has jurisdiction, written evidence of resolution of all requirements of the Franklin County Engineer shall be provided to the Division of Transportation before the Division of Transportation approves the Certificate of Zoning Clearance.
d) Off-site right of way for Hamilton Road shall be dedicated to the City of Columbus without charge, consisting of the following: Ten (10) feet of additional right of way, totaling 60 feet from centerline, shall be dedicated on the west side of Hamilton Road from Central College Road south to the north line of Sub-Area B, a distance of approximately 700 feet. Ten (10) feet of additional right of way, totaling 60 feet from centerline, shall be dedicated on the east side of Hamilton Road from Central College Road south to the north line of Sub-Area A, a distance of approximately 650 feet. The additional ten (10) feet of off-site right of way on both sides of Hamilton Road will be dedicated to the City of Columbus in conjunction with the approval of construction drawings for the full turning movement access point on Hamilton Road for Sub-Area A. The additional right of way is needed for turn lanes related to the Hamilton Road access having full turning movements and will be provided if the Hamilton Road access point for Sub-Area A is approved as a full-turning movement access point. If the Sub-Area A Hamilton Road access is Right-in/Right-out, no off-site right of way as described is needed and none will be dedicated.
e) Hamilton Road and Central College Road right of way (dedication or public easement) will be provided in accordance with the requirements of the City of Columbus, but shall not exceed the applicable right of way widths as designated on the Thoroughfare Plan.
3. Severability:
Sub-Areas A, B, C and D are included together in this one application solely for the purpose of rezoning contiguous property under one application process. At all times in the future, Sub-Areas A, B, C and D may be rezoned individually, in combination with each other, or in combination with other abutting land not part of this application.
4. Forum for Variance:
The Board of Zoning Adjustment shall be the body to hear any and all variance requests to Site development standards, including any and all specific Site development standards contained in this ordinance.
SECTION 4. 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.