Explanation
REZONING APPLICATION: Z02-075
APPLICANT: Dominion Homes, Inc.; c/o George R. McCue, Attorney; Crabbe, Brown and James; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: NC, Neighborhood Center, NG, Neighborhood General, NE, Neighborhood Edge, and CPD, Commercial Planned Development Districts.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4-0) on May 27, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed development is consistent with the Interim Hayden Run Corridor Plan (2004). The Plan recommends NE, Neighborhood Edge residential land-uses around the site perimeter and progressively higher density NG, Neighborhood General and NC, Neighborhood Center residential development towards a proposed connector road, with some commercial uses along the new road and neighborhood commercial development at the northeast corner of Cosgray and Hayden Run Roads. This request is one of three primarily TND based applications submitted within the Hayden Run and Cosgray Road area that collectively permit development of 2,055 2,532 dwelling units and 202,000 square feet of commercial space over a total of 448 acres. This rezoning application for approximately 259 acres requests the NC, Neighborhood Center (29.9± acres) , NG, Neighborhood General (71.7± and 38.8± acres) and NE, Neighborhood Edge (43.4± and 51.4± acres) Districts to develop 1,436 1,346 dwelling units, a total density of 5.19 units per acre, and commercial land uses. The Neighborhood Center District includes a maximum of 37,000 square feet of non-residential development. The CPD, Commercial Planned Development District (12.2± acres) permits a maximum of 125,000 square feet of retail commercial space and an anchor store that may not exceed 75,000 square feet. The CPD text permits C-4 and C-5, Commercial District uses with use restrictions and development standards intended to reflect surrounding NC, Neighborhood Center District development. Parks and greens are located throughout the development, including an 11.1 acre park located north of Hayden Run opposite the existing City of Hilliard Reibel Woods Park.
Title
To rezone 5138 COSGRAY ROAD (43002), being 259.3± acres located at the northeast corner of Cosgray Road and Hayden Run Road, and extending east to the Conrail railroad right-of-way, From: R, Rural District, To: NC, Neighborhood Center, NG, Neighborhood General, NE, Neighborhood Edge, and CPD, Commercial Planned Development Districts (Z02-075).
Body
WHEREAS, application #Z02-075 is on file with the Building Services Division of the Department of Development requesting rezoning of 259.3± acres from R, Rural District to NC, Neighborhood Center, NG, Neighborhood General, NE, Neighborhood Edge, and CPD, Commercial Planned Development Districts; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed development is consistent with the Interim Hayden Run Corridor Plan (2004). The Plan recommends NE, Neighborhood Edge residential land-uses around the site perimeter and progressively higher density NG, Neighborhood General and NC, Neighborhood Center residential development towards a proposed connector road, with some commercial uses along the new road and neighborhood commercial development at the northeast corner of Cosgray and Hayden Run Roads. This request is one of three primarily TND based applications submitted within the Hayden Run and Cosgray Road area that collectively permit development of 2,055 2,532 dwelling units and 202,000 square feet of commercial space over a total of 448 acres. This rezoning application for approximately 259 acres requests the NC, Neighborhood Center (29.9± acres) , NG, Neighborhood General (71.7± and 38.8± acres) and NE, Neighborhood Edge (43.4± and 51.4± acres) Districts to develop 1,436 1,346 dwelling units, a total density of 5.19 units per acre, and commercial land uses. The Neighborhood Center District includes a maximum of 37,000 square feet of non-residential development. The CPD, Commercial Planned Development District (12.2± acres) permits a maximum of 125,000 square feet of retail commercial space and an anchor store that may not exceed 75,000 square feet. The CPD text permits C-4 and C-5, Commercial District uses with use restrictions and development standards intended to reflect surrounding NC, Neighborhood Center District development. Parks and greens are located throughout the development, including an 11.1 acre park located north of Hayden Run opposite the existing City of Hilliard Reibel Woods Park; 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:
5138 COSGRAY ROAD (43002), being 259.3± acres located at the northeast corner of Cosgray Road and Hayden Run Road, and extending east to the Conrail railroad right-of-way, and being more particularly described as follows:
NEIGHBORHOOD CENTER ZONING DESCRIPTION: 29.9± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus Virginia Military Survey Number 6953 and 3453, containing 29.9 acres of land, more or less, said 29.9 acres being more particularly bounded and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 2261, at the intersection of the centerline of Hayden Run Road and the centerline of Cosgray Road;
thence North 05° 50' 12" West, with the centerline of Cosgray Road, a distance of 41.58 feet to a point;
thence North 84° 05' 11" East, across said Cosgray Road right-of-way, a distance of 30.00 feet to a point in the easterly right-of-way line of said Cosgray Road;
thence North 05° 53' 10" West, with said easterly right-of-way line, a distance of 608.93 feet to a point;
thence North 84° 04' 10" East, across that tract conveyed to Rings Farm LTD of record in I.N. 199901050002791, a distance of 62.32 feet to the True Point of Beginning for this description;
thence North 05° 34' 18" West, a distance of 123.51 feet to a point;
thence northeasterly, with the arc of a curve to the right having a radius of 103.14 feet, a central angle of 47° 55' 07", an arc length of 86.26 feet, and a chord bearing and distance of North 13° 31' 52" East, 83.77 feet to a point;
thence South 58°31'51" East, a distance of 29.52 feet to a point;
thence southeasterly, with the arc of a curve to the left having a radius of 111.67 feet, a central angle of 38° 33' 50", an arc length of 75.16 feet, and a chord bearing and distance of South 81° 50' 15" East, 73.75 feet to a point;
thence North 84° 08' 10" East, a distance of 1333.03 feet to a point;
thence North 05° 21' 09" West, a distance of 220.74 feet to a point;
thence North 84° 05' 01" East, a distance of 508.29 feet to a point;
thence South 05° 51' 24" East, a distance of 269.86 feet to a point;
thence southeasterly, with the arc of a curve to the left having a radius of 171.01 feet, a central angle of 31° 23' 15", an arc length of 93.68 feet, and a chord bearing and distance of South 21° 45' 42" East, 92.52 feet to a point;
thence South 39° 42' 28" East, a distance of 55.24 feet to a point;
thence northeasterly, with the arc of a curve to the right having a radius of 1611.64 feet, a central angle of 35° 43' 48", an arc length of 1005.03 feet, and a chord bearing and distance of North 69° 49' 44" East, 988.82 feet to a point;
thence South 06° 21' 51" East, a distance of 236.37 feet to a point;
thence southwesterly, with the arc of a curve to the left having a radius of 1299.47 feet, a central angle of 45° 59' 46", an arc length of 1043.19 feet, a chord bearing and distance of South 66° 19' 09" West, 1015.41 feet to a point;
thence southwesterly, with the arc of a curve to the right having a radius of 969.70 feet, a central angle of 42° 20' 19", an arc length of 716.56 feet, and a chord bearing and distance of South 63° 06' 14" West, 700.36 feet to a point;
thence South 83° 41' 37" West, a distance of 514.11 feet to a point;
thence North 06° 00' 12" West, a distance of 575.78 feet to a point;
thence South 84° 04' 10" West, a distance of 847.15 feet to the True Point of Beginning and containing 29.9 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural, District,
To: NC, Neighborhood Center District.
NEIGHBORHOOD GENERAL ZONING DESCRIPTION: 38.8± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Number 3453 containing 38.8 acres of land, more or less, said 38.8 acres being more particularly bounded and described as follows:
Beginning, for reference at the point of intersection of the northerly right-of-way line of Hayden Run Road with the southwest corner of that tract conveyed to John G. Kramer by deed of record in Official Record 4868C01;
thence North 06° 05' 54" West, a distance of 1295.77 feet to the True Point of Beginning for this description;
thence North 05° 38' 16" West, a distance of 1413.26 feet to a point;
thence South 83° 46' 55" East, a distance of 1108.67 feet to a point;
thence South 39° 17' 31" East, a distance of 1252.74 feet to a point;
thence South 73° 44' 26" West, a distance of 189.77 feet to a point;
thence North 38° 59' 14" West, a distance of 259.79 feet to a point;
thence southwestwardly, with the arc of a curve to the right having a radius of 1122.46 feet, a central angle of 14° 04' 23", an arc length of 275.70 feet, and a chord bearing and distance of South 64° 50' 12" West, 275.01 feet to a point;
thence South 74° 30' 22" West, a distance of 418.18 feet to a point;
thence South 06° 00 '43" East, a distance of 345.27 feet to a point;
thence South 84° 19' 05" West, a distance of 151.11 feet to a point;
thence North 06° 06' 28" West, a distance of 197.19 feet to a point;
thence South 83°10'21" West, a distance of 628.38 feet to the True Point of Beginning and containing 38.8 acres of land more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural, District,
To: NG, Neighborhood General District.
NEIGHBORHOOD GENERAL ZONING DESCRIPTION: 71.7± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Number 6953 and 3453, containing 71.7 acres of land, more or less, said 71.7 acres being more particularly bounded and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 2261, at the intersection of the centerline of Hayden Run Road and the centerline of Cosgray Road;
thence North 05° 50' 12" West, with the centerline of Cosgray Road, a distance of 41.58 feet to a point;
thence North 84° 05' 11" East, across said Cosgray Road right-of-way, a distance of 30.00 feet to a point in the easterly right-of-way line of said Cosgray Road;
thence North 05° 53' 10" West, with said easterly right-of-way line, a distance of 608.93 feet to the True Point of Beginning for this description;
thence North 05° 53' 17" West, a distance of 1284.40 feet continuing with easterly right-of-way line to a point;
thence North 84° 01' 28" East, a distance of 2234.96 feet to a point;
thence North 06° 59' 32" West, a distance of 185.50 feet to a point;
thence North 83° 02' 28" East, a distance of 147.80 feet to a point;
thence South 06° 12' 04" East, a distance of 331.63 feet to a point;
thence North 83° 45' 22" East, a distance of 166.20 feet to a point;
thence South 05° 44' 52" East, a distance of 252.46 feet to a point;
thence North 84° 04' 21" East, a distance of 256.10 feet to a point;
thence South 05° 49' 19" East, a distance of 562.14 feet to a point;
thence North 83° 51' 44" East, a distance of 271.46 feet to a point;
thence South 05° 56' 36" East, a distance of 106.49 feet to a point;
thence North 82° 54' 52" East, a distance of 250.35 feet to a point;
thence northeasterly, with the arc of a curve to the left having a radius of 808.49 feet, a central angle of 15° 34' 30", an arc distance of 219.77 feet, and a chord bearing and distance of North 76° 33' 32" East, 219.10 feet to a point;
thence South 17° 46' 56" East, a distance of 73.01 feet to a point;
thence southeasterly, with the arc of a curve to the right having a radius of 336.22 feet, a central angle of 11° 13 '45", an arc length of 65.89 feet, and a chord bearing and distance of South 15° 30' 18" East, 65.79 feet to a point;
thence South 05° 50' 56" East, a distance of 128.62 feet to a point;
thence South 83° 35' 04" West, a distance of 521.84 feet to a point;
thence North 06° 21' 51" West, a distance of 236.37 feet to a point;
thence southwesterly, with the arc of a curve to the left having a radius of 1611.64 feet, a central angle of 35° 43' 48", an arc length of 1005.03 feet, and a chord bearing an d distance of South 69° 49' 44" West, 988.82 feet to a point;
thence North 39° 42' 28" West, a distance of 55.24 feet to a point;
thence northwesterly, with the arc of a curve to the right having a radius of 171.01 feet, a central angle of 31° 23' 15", an arc length of 93.68 feet, and a chord bearing and distance of North 21° 45' 42" West, 92.52 feet to a point;
thence North 05° 51' 24" West, a distance of 269.86 feet to a point;
thence South 84° 05' 01" West, a distance of 508.29 feet to a point;
thence South 05° 21' 09" East, a distance of 220.74 feet to a point;
thence South 84° 08' 10" West, a distance of 1333.03 feet to a point;
thence northwesterly, with the arc of a curve to the right having a radius of 111.67 feet, a central angle of 38° 33' 50", an arc length of 75.16 feet, and a chord bearing and distance of North 81° 50' 15" West, 73.75 feet to a point;
thence North 58° 31' 51" West, a distance of 29.52 feet to a point;
thence southwesterly, with the arc of a curve to the left having a radius of 103.14 feet, a central angle of 47° 55' 07", an arc length of 86.26 feet, and a chord bearing and distance of South 13° 31' 52" West, 83.77 feet to a point;
thence South 05° 34' 18" East, a distance of 123.51 feet to a point;
thence South 84° 04' 10" West, a distance of 62.14 feet to the True Point of Beginning and containing 71.7 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural District
To: NC, Neighborhood General District
NEIGHBORHOOD EDGE ZONING DESCRIPTION: 43.4± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Number 3453, containing 43.4 acres of land, more or less, said 43.4 acres being more particularly bounded and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 2261, at the intersection of the centerline of Hayden Run Road and the centerline of Cosgray Road;
thence North 05° 50' 12" West, with the centerline of Cosgray Road, a distance of 41.58 feet to a point;
thence North 84° 05' 11" East, across said Cosgray Road right-of-way, a distance of 30.00 feet to a point in the easterly right-of-way line of said Cosgray Road;
thence North 05° 53' 10" West, with said easterly right-of-way line, a distance of 608.93 feet to a point;
thence North 05° 53' 17" West, continuing with said easterly right-of-way line, a distance of 1284.40 feet to a point;
thence with the northerly line of that tract conveyed to Rings Farm LTD of record in I.N. 199901050002791 the following courses and distances:
thence North 84° 01' 28" East, a distance of 2234.96 feet to a point;
thence North 06° 59' 32" West, a distance of 185.50 feet to a point;
thence North 83° 02' 28" East, a distance of 147.80 feet to the True Point of Beginning for this description;
thence North 83° 02' 28" East, a distance of 1183.03 feet to a point;
thence South 39° 15' 59" East, a distance of 1824.54 feet to a point;
thence South 85° 05' 38" West, a distance of 728.54 feet to a point;
thence South 86° 44' 46" West, a distance of 167.01 feet to a point;
thence South 83° 51' 36" West, a distance of 103.49 feet to a point;
thence North 05° 50' 56" West, a distance of 128.62 feet to a point;
thence northwesterly, with the arc of a curve to the left having a radius of 336.22 feet, a central angle of 11° 13' 45", an arc length of 65.89 feet, and a chord bearing and distance of North 15° 30' 18" West, 65.79 feet to a point;
thence North 17° 46' 56" West, a distance of 73.01 feet to a point;
thence southwesterly, with the arc of a curve to the right having a radius of 808.49 feet, a central angle of 15° 34' 30", an arc length of 219.77 feet, and a chord bearing and distance of South 76° 33' 32" West, 219.10 feet to a point;
thence South 82° 54' 52" West, a distance of 250.35 feet to a point;
thence North 05° 56' 36" West, a distance of 106.49 feet to a point;
thence South 83° 51' 44" West, a distance of 271.46 feet to a point;
thence North 05° 49' 19" West, a distance of 562.14 feet to a point;
thence South 84° 04' 21" West, a distance of 256.10 feet to a point;
thence North 05° 44' 52" West, a distance of 252.46 feet to a point;
thence South 83° 45' 22" West, a distance of 166.20 feet to a point;
thence North 06° 12' 04" West, a distance of 332.19 feet to the True Point of Beginning and containing 43.4 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural, District,
To: NE, Neighborhood Edge District.
NEIGHBORHOOD EDGE ZONING DESCRIPTION: 51.4± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus Virginia Military Survey Number 3453, containing 51.4 acres of land, more or less, said 51.4 acres being more particularly bounded and described as follows:
Beginning for reference at a point of intersection of the northerly right-of-way line of Hayden Run Road, and the westerly line of that tract conveyed to Steven L. Cordle by deed of record in Official Record 28557H20;
thence South 76° 23' 07" East, a distance of 14.20 feet to the True Point of Beginning for this description;
thence North 69° 12' 19" East, a distance of 288.56 feet to a point;
thence North 05° 38' 16" West, a distance of 602.57 feet to a point;
thence South 84° 14' 27" West, a distance of 600.45 feet to a point;
thence North 06° 06' 28" West, a distance of 789.97 feet to a point;
thence North 84° 19' 05" East, a distance of 151.11 feet to a point;
thence North 06° 00' 43" West, a distance of 345.27 feet to a point;
thence North 74° 30' 22" East, a distance of 418.18 feet to a point;
thence northeasterly, with the arc of a curve to the left having a radius of 1122.46 feet, a central angle of 14° 04' 23" an arc length of 275.70 feet and a chord bearing a distance of North 64° 50' 12" East, 275.01 feet to a point;
thence South 38° 59' 14" East, a distance of 259.79 feet to a point;
thence North 73° 44' 26" East, a distance of 189.77 feet to a point;
thence South 39° 27' 43" East, a distance of 976.28 feet to a point;
thence South 05° 28' 08" East, a distance of 662.28 feet to a point;
thence South 68° 56' 24" West, a distance of 1166.25 feet to a point;
thence South 79° 55' 42" West, a distance of 219.20 feet to a point;
thence North 76° 23' 07" West, a distance of 20.85 feet to a point the True Point of Beginning and containing 51.4 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural, District,
To: NE, Neighborhood Edge District.
CPD, COMMERCIAL PLANNED DEVELOMENT ZONING DESCRIPTION: 12.6± ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Number 6953 containing 12.6 acres of land, more or less, said 12.6 acres being more particularly bounded and described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument Number 2261, at the intersection of the centerline of Hayden Run Road and the centerline of Cosgray Road;
thence North 05° 50' 12" West, with said centerline of Cosgray Road, a distance of 41.58 feet to a point;
thence North 84° 05' 11" East, across said Cosgray Road right-of-way, a distance of 30.00 feet to a point in the easterly right-of-way line of said Cosgray Road, being the True Point of Beginning for this description;
thence North 05° 53' 10" West, a distance of 608.93 feet with said easterly right-of-way line, to a point;
thence North 84° 04' 10" East, a distance of 909.47 feet to a point;
thence South 06° 00' 12" East, a distance of 600.79 feet to a point;
thence South 83° 33' 26" West, a distance of 910.74 feet to the True Point of Beginning and containing 12.6 acres of land, more or less.
This description was prepared from record information only and should be used for zoning purposes only.
To Rezone From: R, Rural, District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the NC, Neighborhood Center, NG, Neighborhood General, NE, Neighborhood Edge, 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 NC, Neighborhood Center, NG, Neighborhood General and NE, Neighborhood Edge Districts and Application among the records of the Building Services Division as required by Section 3320.13 of the Columbus City Codes; and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes, said plans being titled, "REGIONAL PLAN: RINGS/CLAGG PROPERTIES," "EXISTING CONDITIONS PLAN: RINGS PROPERTY," "EXISTING CONDITIONS PLAN: CLAGG PROPERTY, " "TND DEVELOPMENT PLAN," TND statement of principles titled, "RINGS/CLAGG FARM STATEMENT ADDRESSING TND PRINCIPLES, DOMINION HOMES, MAY 10, 2004," and "CPD DISTRICT ENLARGEMENT: RINGS/CLAGG PROPERTIES" and CPD text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT, 12.6± ACRES," all signed on June 17, 2004 by George R. McCue, attorney for the Applicant, and the CPD text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT, 12.6± ACRES
PROPOSED DISTRICT: CPD, COMMERCIAL PLANNED DEVELOPMENT
PROPERTY ADDRESS: 5038 Cosgray Road
OWNERS: Rings Farm, Ltd. and Therll Clagg, c/o CRABBE, BROWN & JAMES, LLP, George R. McCue, Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, gmccue@cbjlawyers.com
APPLICANT: Dominion Homes, c/o CRABBE, BROWN & JAMES, LLP, George R. McCue, Esq., 500 S. Front St., Ste. 1200, Columbus, Ohio 43215, gmccue@cbjlawyers.com
DATE OF TEXT: June 17, 2004
APPLICATION NUMBER: Z02-075
1. INTRODUCTION: The subject property ("Site") consists of 12.6± acres at the northeast intersection of Cosgray and Hayden Run Roads. Vacant farm fields bound the Site. The proposed development is a neighborhood shopping district anchored by one large tenant.
This Site abuts the Neighborhood Center District, and initially was contemplated to be a Town Center District. However, due to Site development constraints which are primarily dictated by the expected requirement that traffic issues will require the intersection of Cosgray and Hayden Run Roads to have multiple turn lanes, thus requiring limited access to this Site, and the TND Code's limitation for retail development in excess of 10,000 square feet, the proposed rezoning for this specific Site has been re-worked into this current CPD form.
As noted throughout, the commitments made herein are intended to ensure compatibility of the Site's commercial development with the surrounding TND residential development. To the extent possible, TND-like standards and concepts have been incorporated to achieve said compatibility.
2. PERMITTED USES: Permitted uses on the Site shall be those uses contained in Sections 3356.03 and 3357.02 (C-4 and C-5 Commercial Districts, respectively) of the Columbus City Code, and excluding the following uses:
bowling centers/alley; billboards; cabaret; dance hall; electric substation; funeral parlor; hotel; mission/temporary shelter; motel; motor bus terminal; motor cycle, boat or other motor vehicle dealers; motion picture theater; motor vehicle/automobile leasing and sales; nightclub; pawn shop; poolroom (which shall not be defined to include restaurants or taverns which have pool tables); private club; public parking/garage for pay; testing or experimental laboratory; trade school; truck, utility trailer or RV sales, rental or lease.
Food and beverage vending machines in excess of 3 feet in height are permitted, and excepted from the outdoor display commitments made below.
3. PREFERRED USES: In keeping with the goal of a neighborhood shopping district, the development of consistent uses to serve the neighborhood, such as grocery store, automotive service station, coffee shop, bank, hair salon, card and gift shops, convenience retail, dry cleaner, laundromat, video rental and/or restaurant will be encouraged.
4. DEVELOPMENT STANDARDS: Unless otherwise indicated, the applicable development standards are contained in Chapter 3356 (C-4, Commercial), 3357.13(c) and 3357.18, (C-5 Commercial), of the Columbus City Code. Whenever possible, it is the intention of the Applicant to combine the general commercial code provisions with Traditional Neighborhood Development (TND) principles. The CPD development shall be developed in conformity with the submitted site plan. Modifications to the site plan shall be permitted with approval of the Development Director, Department of Development and pursuant to engineering requirements, but the square footage shall not be increased.
A. Density, Height, Lot And/Or Setback Commitments:
1. For out-parcels (or accessory buildings to the contemplated main anchor tenant), the building setback from Hayden Run Road shall be a minimum ten (10) feet and a maximum forty-five (45) feet; the parking/maneuvering setback from said roads shall be a minimum ten (10) feet.
2. The minimum and maximum building setbacks set forth above for Hayden Run Road shall apply only to the contemplated out-parcels (or accessory buildings to the contemplated main anchor tenant).
3. The building setback along Cosgray Road shall be a minimum ten (10) feet; parking/maneuvering setback from said road shall be a minimum ten (10) feet. There shall be a minimum four (4) feet of unencumbered sidewalk/pavement from the edge of the drive isle, to permit pedestrian transit.
4. The building setback along the TND Road to the east of the Site ("TND Road") shall be a minimum zero (0) feet and a maximum fifteen (15) feet; parking/maneuvering setback from said road shall be a minimum ten (10) feet. There shall be a minimum four (4) feet of unencumbered sidewalk/pavement from the edge of the drive isle, to permit pedestrian transit.
5. The building setback from the northern boundary line shall be a minimum forty (40) feet; the parking/maneuvering setback from the northern bodary line shall be a minimum ten (10) feet.
6. The gross floor area of the anchor store shall be limited to a maximum range of 55,000 to75,000 square feet. The remainder of the retail uses shall each be limited to 10,000 square feet of gross sales floor area. The total maximum size of the development shall not exceed 125,000 square feet of gross sales floor area.
7. No more than three (3) out parcels (or accessory use buildings to the contemplated anchor tenant store) shall be permitted along Hayden Run Road.
8. The height of the district shall not exceed thirty-five (35) feet.
Break1
9. Other than as set forth above in Paragraph 5, tis text does not set minimum or maximum setbacks for the contemplated anchor tenant store. It is generally conemplated tht this commercial area would "front" streets in a TND fashion. The contemplated anchor tenant building would be set back withn or beind these "frnted" out-parcel or accessory buildings, such that no other building setbacks from either Hayden Run, Cosgray, or the TND Road would apply to that anchor tenant building.
B. Access, Loading, Parking And/Or Other Traffic Related Commitments:
1. The Site shall have access to Cosgray Road, Hayden Run Road, and the TND Road. Access type, location and design are subject to final approval by The City of Columbus Transportation Division. At least one (1) full-service access point along Cosgray Road, Hayden Run Road and the TND Road shall be permitted.
2. Driveway access points, parking spaces and aisles may be divided by property lines without regard to minimum dimensions with any single property, as long as the overall driveway, parking spaces or aisle dimensions meet minimum Code requirements and easements, as applicable, so as to ensure the function of shared driveways, parking and aisles.
3. The following parking ratio shall be provided unless varied by a shared parking analysis:
Retail: 1 parking space for every 300 sq. ft. of gross floor area; not to exceed 1 parking space for every 200 sq. ft. of gross floor area.
Restaurant: 1 parking space for every 75 sq. ft. of gross floor area
Office: 1 parking space for every 300 sq. ft. of gross floor area (general and medical).
4. If the Developer wishes to provide parking spaces other than as calculated by the above method, then the Developer shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the Transportation Division. A shared parking analysis study approved by the Transportation Division may be submitted to the Director of Development, or his/her designee, who may grant an administrative variance for the number of parking spaces required.
5. On-street parking along the west side of the TND Road may be included in calculations for required parking on Site.
C. Buffering, Landscaping, Open Space And/Or Screening Commitments:
1. Lot coverage for structures and paved areas shall not exceed eighty-five (85%) percent of net usable area (gross zoned acreage excluding publicly dedicated streets). Sidewalks and paved plazas at building entrances shall not be considered a part of lot coverage.
2. Any surface parking lot areas adjacent to Cosgray Road, Hayden Run Road, or the TND Roads shall be screened from the adjacent roadway by a street wall, and/or a continuous 36" hedge, except where clear vision requirements apply. Said hedge shall be a minimum 18" in height at the time of installation.
3. The landscaping shall be maintained in a healthy state. Any dead or decayed material shall be removed and replaced with like or similar materials within six (6) months or the next available planting season, whichever occurs first. The size of the new material shall equal the size of the original material when it was installed.
4. Minimum size of all trees at installation shall be 2 ½ inches caliper for deciduous, 5 feet in height for evergreen, and 2 inches in caliper for ornamental. Caliper is measured 6 inches from the ground.
5. Street trees along Cosgray and Hayden Run Roads shall be planted every one (1) tree per fifty (50) feet.
6. The Developer shall provide a 10-foot set back along the northern boundary, directly across from the Neighborhood Center District, between the westernmost TND Road and the TND Road to the east of the Site. Further, prior to occupancy the Developer shall install a board-on-board wood or vinyl fence, 6 feet in height, along this 10-foot setback. Between the fence and the northern property line, deciduous trees shall be installed approximately 35 feet on center.
7. Other than as stated herein, landscaping and street trees shall be installed in accordance with applicable TND principles and standards along the TND Road. The Developer shall install tree planting islands within parking lots at a rate of one tree per ten (10) parking spaces.
8. Applicant agrees to involve the recreation and Parks Department in the location of retention ponds within the parkland area to be dedicated to the City of Columbus.
D. Building Design And/Or Interior-Exterior Treatment Commitments:
1. Building materials shall consist of split-face concrete block (that excludes white concrete), brick, stone, stucco-stone, EIFS, stucco, dryvit, glass, wood, or any combination thereof.
2. Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level by the same material utilized on the building or roof exterior. Color shall also match the building exterior or roof. 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. Pitched or sloped roofs with a minimum slope of 6:12 are encouraged. Flat roofs are permitted but shall have a parapet or cornice to screen roof-mounted equipment and add architectural detailing.
4. Building design shall have the following characteristics:
a. Building facades facing Cosgray Road, Hayden Run Road or the TND Road shall include architectural detailing/fenestration to reduce the perception of building mass and to visually break up the facade. Architectural detailing/fenestration may be accomplished through the use of design elements such as, vertical recessed or projecting relief to the facade, columns, recessed or projecting windows, awnings, the use of different building materials for different tenant spaces, and/or other design elements. Vertical wall fenestration shall occur at various locations depending upon the location of tenants, and the length of the building.
b. For front building facades facing Cosgray Road, Hayden Run Road or the TND Road, a minimum of fifty (50%) percent of front roof lines will consist of additional elements such as pitched roofs, decorative cornices, awnings, dormers, hip roofs and/or towers.
c. Exclusive of doors and windows, the front building facade of the anchor store shall consist of a minimum seventy-five (75%) percent brick, stone, stucco-stone, or a combination thereof.
d. All building facades, exclusive of doors and windows, for accessory use buildings to the anchor store or out parcels abutting Hayden Run Road, shall consist of a minimum seventy-five (75%) percent brick, stone, stucco-stone, or a combination thereof.
e. Exclusive of doors and windows, all front facades of all other buildings shall consist of a minimum fifty percent (50%) brick, stone, stucco-stone, or a combination thereof.
f. Sections (c), (d) and/or (e) above, shall not apply to buildings with rear facades, rear service, rear drives, or rear parking areas abutting the fence referred to in Section (C)(6) above. The rear facades of these buildings shall be finished with a combination of split-faced concrete block, EIFS, brick, stone, stucco, stucco-stone, dryvit, glass, wood, or any combination thereof, without prescription as to overall percentage of such materials.
g. The anchor store shall not have secondary building frontage, as defined by C.C.C. 3372.601, that abuts the TND Road.
h. Sidewalks shall be installed on the building side of the private drives, to connect with public street sidewalks to facilitate pedestrian access and circulation. Sidewalks used for outdoor display shall be a minimum ten (10) feet in width, to facilitate pedestrian traffic.
E. Dumpsters, Lighting, Outdoor Display Areas And/Or Other Environmental Commitments:
1. All external outdoor lighting shall be cut-off fixtures (down lighting).
2. Light poles shall not exceed twenty-eight (28) feet in height, except light poles located within one hundred (100) feet of a residentially used or zoned property shall not exceed eighteen (18) feet in height.
3. Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
4. For aesthetic compatibility, lights shall be from the same manufacturer or similar in type and color.
5. Dumpsters shall be screened on three (3) sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with a gate on the fourth side, unless the dumpsters is screened on all four sides by building(s) or fence.
6. Decorative lighting compatible with building materials shall be encouraged.
7. Canopy lighting for gasoline sales areas shall be recessed.
8. Accent lighting shall be permitted, provided such light source is concealed.
9. Any wall-mounted lighting shall be shielded or directed to prevent off-site spillage.
10. Any wiring shall be located underground unless otherwise required by a utility company.
F. Graphics and Signage Commitments:
1. All signage and graphics shall conform to Article 15, Title 33 of the Columbus City Code as it applies to the C-4, Commercial District and the following additional restrictions, unless otherwise approved by the Columbus Graphics Commission in a variance or graphics plan:
a. All ground signs shall be monument-style with masonry bases, constructed of brick, stone or other, to substantially match or complement the architectural materials of the buildings.
b. Ground signs shall not exceed 10 feet in height.
c. Ground signs should not exceed 50 square feet in area, per side, and may be double sided.
d. Wall signs shall not exceed 80 square feet in area.
e. For commercial centers, excluding out parcels or outlots, only one ground sign, identifying the entire center, shall be permitted.
f. Wall signs for the commercial center (or businesses located within the commercial center) should be compatible or complimentary to the building architecture.
g. Signs may be illuminated internally, or externally, provided that ground mounted external illumination be screened with landscaping.
The Columbus Graphics Commission shall be the body to consider variances to the code and/or deviation from the additional restrictions listed above.
G. Miscellaneous Commitments:
1. Outdoor display areas shall be permitted along no more than two (2) sides of a building, provided the display area is no greater than three (3) feet in height, four (4) feet in depth, and twelve (12) feet in length, and does not obstruct pedestrian movement.
2. With regard to convenience store and gasoline sales, the outdoor display area(s) shall be limited to contain only those items normally and customarily sold by a convenience store, and other seasonal items, including but not limited to mulch, firewood, flowers, Christmas wreaths, etc. With regard to gasoline sales, outdoor display areas may also include a 4' by 4' area at the end of pump stands.
3. The Site shall be developed in substantial accordance with the site plans submitted herewith. The site plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed. Any slight adjustment to the site plans is subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
4. The developer agrees to provide documentation to the Columbus Development Commission of compliance with all Ohio Environmental Protection Agency requirements for underground or other fuel/oil storage, prior to developing any use that requires such storage.
H. Variance Requested:
1. The Applicant is requesting variances to C.C.C. 3356.11 to allow minimum zero (0) foot and ten (10) foot front yard building setbacks, as set forth above, to effectuate the TND-like nature of the proposed development.
2. If necessary and as set forth in Section (B)(3) herein, parking variances may be necessary.
I. CPD Requirements:
1. Natural environment: The Site is a vacant farm field.
2. Surrounding land use: Vacant farm fields currently bound most of the Site. The proposed development is CPD commercial, with incorporated TND principles so as to effectuate compatibility with the proposed TND residential development to the north and east.
3. Transportation and circulation: Access to the site will be provided from Cosgray and Hayden Run Roads, as well as the TND Road to the east of the Site.
4. Visual form of the environment: The visual form will be determined by the developer at the time of development. As set forth herein a TND environment is envisioned. To that end, the following items have been considered and included herein:
a. Pedestrian details such as private sidewalks, and access from the adjacent TND districts.
b. Increased focus on public streets by encouraging tight setbacks, requiring significant architectural design elements, providing screening of views to parking, including on-street parking along the TND Road to the east of the Site, and encouraging facades to face streets.
5. View and visibility: The development of the Site and the contemplated location of the buildings and access points take into account visibility and safety of the motorist and pedestrian.
6. Proposed development: Commercial development with uses permitted in C-4 and C-5 Commercial Districts, except for those excluded in this text.
7. Behavior patterns: Existing development has established behavior and traffic patterns in this area.
8. Emissions: The developer expects no unusual emissions from this property.
SECTION 4. The continuing applicability of this zoning ordinance to the real property described herein is contingent upon the development by the city, within 180 days of the approval of this ordinance, of an economic development plan and a financing plan for public improvements and services in a defined area that will include and benefit the real property to which this zoning ordinance applies, and the agreement by the applicant to participate in such financing plan in an equitable proportion.
SECTION 4. SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.