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File #: 2621-2003    Version: 1
Type: Ordinance Status: Passed
File created: 11/21/2003 In control: Zoning Committee
On agenda: 3/29/2004 Final action: 4/1/2004
Title: To rezone 5333 WARNER ROAD (43081), being 16.00 + acres located on the south side of Warner Road, east and west of the Hamilton Road extension, From: L-C-3, Limited Commercial, L-M-2, Limited Manufacturing, L-AR-12, and L-ARLD Limited Apartment Residential Districts, To: CPD, Commercial Planned Development District. (Rezoning # Z03-010)
Attachments: 1. ORD2621-2003attach.pdf, 2. ORD2621-2003labels.pdf, 3. ORD2621-2003Data Form.pdf
Explanation
Rezoning Application Z03-010
 
APPLICANT:  Cardinal Title Holding Co.; c/o Mike Shannon, Atty.; 500 South Front Street, 12th Floor; Columbus, Ohio 43215.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on June 12, 2003
 
ROCKY FORK-BLACKLICK ACCORD IMPLEMENTATION PANEL:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The site is located along a recently completed section of Hamilton  zonings have established a commercial node to the south of the site at the State Route 161 and Hamilton Road interchange, and a smaller commercial node to the north of the site at the Warner and Hamilton Roads intersection, all of which is undeveloped.  These two nodes are separated by undeveloped office -manufacturing and apartment residential zonings along Hamilton Road.  The applicant requests the CPD, Commercial Planned Development District to develop commercial uses along the frontage that is currently zoned for apartment residential uses, thereby establishing commercial and manufacturing uses along the half-mile Hamilton Road corridor from State Route 161 to Warner Road.  
 
Title
 
To rezone 5333 WARNER ROAD (43081), being 16.00 + acres located on the south side of Warner Road, east and west of the Hamilton Road extension, From:  L-C-3, Limited Commercial, L-M-2, Limited Manufacturing, L-AR-12, and L-ARLD Limited Apartment Residential Districts, To:  CPD, Commercial Planned Development District. (Rezoning # Z03-010)
 
Body
WHEREAS, application #Z03-010 is on file with the Building Services Division of the Department of Development requesting rezoning of 16.00± acres from:  L-C-3, Limited Commercial, L-M-2, Limited Manufacturing, L-AR-12, and L-ARLD, Limited Apartment Residential Districts, to:  CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Rocky Fork-Blacklick Accord Implementation Panel recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the CPD, Commercial Planned Development District to develop commercial uses along the frontage that is currently zoned for apartment residential uses, thereby establishing commercial and manufacturing uses along the half-mile Hamilton Road corridor from State Route 161 to Warner Road, 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:
 
5333 WARNER ROAD (43081), being 16.00+ acres located on the south side of Warner Road, east and west of the Hamilton Road extension and being more particularly described as follows:
 
3.688 Acres
Subarea A
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus Quarter Section 3, Township 2, Range 16, United States Military Lands and being 3.688 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06  (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road  South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence with the centerline of said Hamilton Road, the following  (3) three courses;
 
1)      South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
2)      With a curve southwesterly and to the right having a radius of 1000.00 feet, a central angle of 45°02'45", a chord bearing of South 26°13'52" West, and a chord distance of 766.10 feet;
 
3)      South 48°45'15" West with the centerline of said Hamilton Road, a distance of 119.52 feet to a point;
Thence South 41°14'45" East crossing said Hamilton Road, a distance of 50.00 feet to the point on the easterly right of way line of said Hamilton Road and being the true point of beginning;
 
 
Thence through said 33.918 acre tract, the following three (3) courses;
 
1)      South 41°14'45" East, a distance of 250.00 feet to a point;
 
2)      South 48°45'15" West, a distance of 262.00 feet to a point;
 
3)      South 04°05'45" West, a distance of 150.36 feet to the southerly line of said 33.918 acre and the northerly  line of a 143.579 acre tract as conveyed to Daniel J. Kerscher Trustee of record in Inst. No. 199806100142753
 
 
Thence North 86°00'49" West with said line, a distance of 500.99 feet to the easterly right of way line of said Hamilton Road;
 
Thence North 48°45'15" East with said right of way line, a distance of 721.77 feet to the true point of beginning and containing 3.688 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-ARLD, Limited Apartment Residential District,
 
To:  CPD, Commercial Planned Development District.
 
 
4.237 Acres
Subarea B
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus Quarter Section 3, Township 2, Range 16, United States Military Lands and being 4.237 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence with the centerline of said Hamilton Road, the following two (2) courses;
 
1)      South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
2)  With a curve southwesterly and to the right having a radius of 1000.00 feet, a central angle of 45°02'45", a chord bearing of South 26°13'52" West, and a chord distance of 766.10 feet to a point of tangency;
 
2)      South 48°45'15" West with the centerline of said Hamilton Road, a distance of        146.88 feet to a point;
 
Thence  North 41°14'45" 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 48°45'15" West with said westerly right of way line, a distance of 554.20 feet to a point;
 
Thence through said 33.918 acre tract, the following four (4) courses;
 
1)      North 41°14'45" West, a distance of 325.00 feet to a point;
 
2)      North 48°45'15" East, a distance of 510.51 feet to a point;
 
3)      South 86°17'30" East, a distance of 115.78 feet to a point;
 
4)      South 32°18'32" East, a distance of 246.18 feet to a point on the westerly right of way line of said Hamilton Road to the true point of beginning and containing 4.237 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-AR-12, Limited Apartment Residential District,
 
To:  CPD, Commercial Planned Development District.
 
 
3.283 Acres
Subarea C
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Section 3, Township 2, Range 16, United States Military Lands and being 1.729 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06 and 1.355 acres out of a  1.810 acre tract as conveyed to Daniel Kerscher Trustee of record in Inst. No. 199903030054237 and 0.199 acres out of a 143.579 acre tract as conveyed to Daniel Kerscher, Trustee of record in Inst.No.199806100142753 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence with the centerline of said Hamilton Road, the following two (2) courses;
 
1)      South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
2)  With a curve southwesterly and to the right having a radius of 1000.00 feet, a central angle of 45°02'45", a chord bearing of South 26°13'52" West, and a chord distance of 766.10 feet;
 
3)   South 48°45'15" West with the centerline of said Hamilton Road, a distance of  851.08 feet to a point;
 
Thence  North 41°14'45" 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 48°45'15" West with said right of way line, a distance of 548.68 feet to a point at the southerly line of said 1.810 acre tract;
 
Thence North 83°50'55" West with the southerly line of said 1.810 acre tract, a distance of 31.52 feet to a point of curvature;
 
Thence with a curve to the right having a radius of 29.99 feet, a central angle of 87°16'34", a chord bearing of North 40°12'38" West, a chord distance of 41.39 feet to a point of compound curvature;
 
Thence with a curve to the right having a radius of 2440.00 feet, a central angle of 6°59'20", a chord bearing of North 11°01'20" East, a chord distance of 297.45 feet to a point at the northeasterly corner of said 1.810 acre tract;
 
Thence crossing said 33.918 acre tract with the following (3) three courses;
1)       North 03°59'11" East, a distance of 111.30 feet to a point;
2)       North 48°45'15" East, a distance of 255.00 feet to a point;
3)      South 41°14'45" East, a distance of 325.00 feet to the westerly right of way line of said Hamilton Road and the true point of beginning and containing 3.283 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-AR-12, Limited Apartment Residential and L-M-2, Limited Manufacturing Districts,
 
To:  CPD, Commercial Planned Development District.
 
 
1.818 Acres
Subarea D-1
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus Quarter Section 3, Township 2, Range 16, United States Military Lands and being 1.818 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
Thence North 87°20'02" West a distance of 50.01 feet to the true point of beginning and a point of curvature on the westerly right of way line of said Hamilton Road;
 
Thence with said right of way line and a curve southwesterly and to the right having a radius of 950.00 feet, a central angle of 15°05'04", a chord bearing of South 11°18'19" West, and a chord distance of 249.39 feet to a point;
 
Thence North 86°17'30" West, a distance of 262.09 feet to a point on the easterly line of a 1.795 acre tract as conveyed to Cardinal Title Holding Company of record in Instr. No. 200209060222038;
 
Thence North 01°03'00" East with said line, a distance of 272.51 feet to a point on the southerly right of way line of said Warner Road;
 
Thence South 86°17'30" East with said right of way line, a distance of 282.70 feet to a curve on the westerly right of way line of said Hamilton Road;
 
Thence with said right of way line and a curve southeasterly and to the right having a radius of 25.00 feet, a central angle of 90°03'17", a chord bearing of South 41°15'51" East, and a chord distance of 35.37 feet to the true point of beginning and containing 1.818 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-C-3, Commercial District,
 
To:  CPD, Commercial Planned Development District.
 
1.154 Acres
Subarea D-2
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus Quarter Section 3, Township 2, Range 16, United States Military Lands and being 1.154 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
Thence with said centerline and a curve southwesterly and to the right having a radius of 1000.00 feet, a central angle of 15°08'21", a chord bearing of South 11°16'40" West, and a chord distance of 263.46 feet to a point;
 
Thence North 71°09'09" West, a distance of 50.00 feet to the true point of beginning and a point of curvature on the westerly right of way line of said Hamilton Road;
 
Thence with said right of way line and a curve southwesterly and to the right having a radius of 950.00 feet, a central angle of 18°17'22", a chord bearing of South 27°59'32" West, and a chord distance of 301.97 feet to a point;
 
Thence North 52°10'43" West, a distance of 156.03 feet to a point on the southeasterly corner of a 1.795 acre tract as conveyed to Cardinal Title Holding Company of record in Instr. No. 200209060222038;
 
Thence North 01°03'00" East with said line, a distance of 187.94 feet to a point;
 
Thence South 86°17'30" East, a distance of 262.09 feet to the true point of beginning and containing 1.154 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-C-3, Commercial District,
 
To:  CPD, Commercial Planned Development District.
 
1.825 Acres
Subarea D-3
Z03-010
 
Situated in the State of Ohio, County of Franklin, City of Columbus Quarter Section 3, Township 2, Range 16, United States Military Lands and being 1.825 acres out of a 33.918 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 12417-G06 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described;
 
Beginning for reference at a Franklin County Geodetic Survey (FCE 6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
 
Thence, with the centerline of said Warner Road, South 86°27'43" East, a distance of 2625.69 feet to a Franklin County Geodetic Survey (FCE 1207) monument found at the southwesterly corner of a 2.0602 acre tract as conveyed to Judith D. Decenzo of record in Official Record Volume 15655 A03;
 
Thence, continuing with the centerline of said Warner Road South 86°17'30" East, a distance of 712.99 feet to a point at the intersection of said Warner Road and of Hamilton Road as recorded Plat Book 100, Page 3;
 
Thence South 03°42'30" West with the centerline of said Hamilton Road, a distance of 64.11 feet to a point;
 
Thence with said centerline and a curve southwesterly and to the right having a radius of 1000.00 feet, a central angle of 33°25'43", a chord bearing of South 20°25'22" West, and a chord distance of 575.20 feet to a point;
 
Thence North 52°51'47" West a distance of 50.00 feet to the true point of beginning and a point of curvature on the westerly right of way line of said Hamilton Road;
 
Thence with said right of way line and a curve southwesterly and to the right having a radius of 950.00 feet, a central angle of 11°37'01", a chord bearing of South 42°56'44" West, and a chord distance of 192.29 feet to a point;
 
Thence South 48°45'15" West, a distance of 146.88 feet to a point;
 
Thence North 32°18'32" West, a distance of 246.18 feet to a point;
 
Thence North 03°42'30" East, a distance of 141.10 feet to a point on the southerly line of a 1.951 acre tract as conveyed to Cardinal Title Holding Company of record in Instr. No. 200307080207589;
 
Thence South 86°17'30" East with said line a distance of 241.15 feet to a point at the southeasterly corner of a 1.795 acre tract as conveyed to Cardinal Title Holding Company of record in Instr. No. 200209060222038;
 
Thence South 52°10'43" East, a distance of 156.03 feet to the true point of beginning and containing 1.825 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 South 86°17'30" East for the centerline of Warner Road.
 
To Rezone From:  L-C-3, Commercial District,
 
To:  CPD, Commercial Planned Development District.
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.
 
Break1
 
 
 
SECTION 3.  That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "WEST ALBANY SOUTH", signed by Michael T. Shannon, attorney for the Applicant, and dated October 31, 2003 and text titled, "DEVELOPMENT TEXT", signed by Michael T. Shannon, attorney for the Applicant, and dated January 23, 2004, and the text reading as follows:
 
DEVELOPMENT TEXT
WEST ALBANY Z03-010
16.032 ACRES
 
 
EXISTING DISTRICTS:            L-ARLD;LAR12; LC3; LM
 
PROPOSED DISTRICTS:         CPD - COMMERCIAL PLANNED DEVELOPMENT
 
PROPERTY ADDRESS:         5233 Warner Rd., Columbus OH 43081
 
OWNERS/APPLICANTS:
 
CARDINAL TITLE HOLDING CO. and TOWNSEND CONSTRUCTION
c/o CRABBE, BROWN & JAMES, LLP
Michael T. Shannon, Esq.
500 S. Front Street, Ste. 1200
Columbus, Ohio 43215
(614) 229-4506        FAX: (614) 229-4559
 
 
DATE OF TEXT:            January 23, 2004
 
APPLICATION NUMBER:       Z03-010
 
 
INTRODUCTION:
 
The subject property ("Site") is currently zoned pursuant to Ordinances #92-060B and #97-090, and consists of 16.032 acres zoned for a variety of multi-family and commercial uses.  Applicant proposes to rezone the 16.032 acres generally located south of the intersections of Warner Road and the newly constructed Hamilton Road, from the existing zonings to several CPD sub-areas.   
 
This acreage was initially zoned in 1992 as part of a significant 350 acre multi sub-area rezoning. Subsequently, in 1998, additional property was added and this area rezoned to L-AR-12 densities by Ordinance #97-090.  Also at that time, the northwest corner of Warner and Hamilton Roads was rezoned to L-C-3, which zoning included the Rocky Fork-Blacklick Accord standards. The L-C-3 tract is proposed as CPD in this application.   In March 2002, the northeast corner of Warner and Hamilton Roads was rezoned CPD, with two commercial sub-area and a sub-area of 19.1+ acres of L-AR-12, added with  limitation text to comply with the Rocky Fork-Blacklick Accord standards.  Consistent with the Rocky Fork-Blacklick Accord, which recommends the placement of commercial property in close proximity to the 161 interchange, this application seeks to rezone three sub-areas from L-AR-12, L-ARLD, L-M and L-C-3 to the CPD, Commercial Planned Development district.  The Limitation Text herein is intended to comply with the Rocky Fork-Blacklick Accord.
 
As stated above, the Applicant has constructed Hamilton Road from its former terminus at the Hamilton Road/New Albany Expressway interchange, north to Central College Road.   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 the gateway to the planning area.  The recent construction of Hamilton Road by the applicant is a key component to both the gateway concept of the interchange and to the arterial road system within the Accord.   The Hamilton Road construction extends over one (1) mile and provides connectivity from the Hamilton Road/New Albany Expressway.  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 anticipated Plain Township and City of Columbus zonings in the area of Hamilton Road and Warner Road, all support Applicant's proposed commercial rezoning.
 
The locations of Sub-Areas A, B, C, D1, D2 and D3 are depicted on the plan entitled Z03-010, dated October 27, 2003.   Sub-Area A is 3.688+ acres located along the east side of Hamilton Road extended.  Sub-Area A is proposed to be rezoned from L-AR-LD to CPD to permit commercial uses consistent with Accord recommendation.   Sub-Area B is 4.237+ acres generally located south of Warner Road, currently zoned L-C-3, pursuant to Ordinance No. Z97-090, and fronts on Hamilton Road.  Sub-Area C is 3.283+ acres located on the west side of Hamilton Road.  Sub-Area C is proposed to be rezoned from L-AR-12 and L-M to CPD, to permit commercial uses directly south of Sub-Area B.  To the extent Sub-Area C is being rezoned from L-M (originally enacted by Ordinance No. Z90-166), that portion of the application reflects a significant down-zoning.  Sub-Area D1 consists of 1.818+ acres and is proposed to be rezoned from L-C-3 to CPD to incorporate auto related uses previously proposed in Sub-Areas A and B.  Sub-Area D2 consists of 1.154+ acres and is likewise proposed for rezoning from L-C-3 to CPD.  Finally, Sub-Area D3 consists of 1.852+ acres and is also proposed for rezoning from L-C-3 to CPD.  All sub-area acreage is net of right-of-way dedicated by the Applicant for the construction of Hamilton Road.
 
 
SUB-AREA A
COMMERCIAL PLANNED DEVELOPMENT
3.688+ ACRES
 
 
1.   PERMITTED USES:   The following uses shall be permitted in Sub-Area A:  All uses of Chapter 3355, C-3 Commercial District, and the following specified C-4 uses in Chapter 3356:
 
Appliance store, automobile driving training facility, caterers, community food pantry, consumer goods rental, discount department stores, electronic stores, general merchandise stores, home center, household/personal goods, maintenance and repair, linen and uniform supply, re-upholster and furniture repair, sporting goods and outfitter stores, supermarkets, used merchandise store, vending machine operators, carpet and upholstery cleaning services, exterminating and pest control services, farm equipment and supply store, gardening, landscaping and nursery sales and center, hospitals, janitorial services, lawn and garden equipment supplies and services, paint and wallpaper stores, performing arts, spectator sports and related industries, theaters, dance companies and dinner theater, animal shelter, amusement arcade and veterinarians.
 
In addition to Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C-4 uses of Chapter 3356 shall also be allowed, at any one time: automotive accessories parts and tire store, and motor vehicle accessories and parts store.
 
 
2.   DEVELOPMENT STANDARDS:  Except as specified herein, the applicable development standards shall be as specified in Chapter 3356,  C-4 Commercial District.
 
A.   Density, Height, Lot and/or Setback Commitments.
1.   Building Setback:  The minimum setback on Hamilton Road shall be 50 feet. The minimum rear yard building setback shall be 25 feet.
 
2.   Parking Setback:  The minimum parking and pavement setback, other than driveways from curb cuts on Hamilton  Roads shall be 30 feet. The rear yard parking setback shall be a minimum of 10 feet and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement for Sub-Area A shall not exceed 70%.
 
4.   The maximum square footage of any structure in these proposed  sub-areas shall be 10,000 sq. ft., and no structure shall have more than 200 feet of building frontage.
 
B.   Access, Loading, Parking and/or Other Traffic-Related Commitments.
1.   Curb cuts shall be approved by the City of Columbus Transportation Division.
 
2.   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, are provided to insure the function of shared driveways and aisles.
 
3.   There shall be no required parking for seasonal outside seating areas.
 
4.   Code-required parking may be reduced with the administrative approval of the Transportation Divisn upo submission ofppropriate and applicable data regarding shared parking or other demonstration of parking needs being less than calculated Code-equired parking
 
5.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study fthis project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening Commitments.
1.   The parking setback areas for Hamilton Road shall be maintained in live vegtation and shall include tree and shrub planting at the rate ofour (4) trees and four (4) shrubs per 100 lineal feet of street frontage.  The trees shall be placed randomly to stimulate natural hedge rows.  These trees are in addition to the street trees required in No. 2, below.   The Applicant reserves the right to place some of these trees in the parking and maneuvering areas of the sub-areas to achieve the 70% lot coverage requirement of the Accord.
 
2.   A street tree row shall be established along Hamilton Road.  The street tree row shall contain one 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.   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.
 
4.   Tree planting shall be required within the Site parking area and service areas.  The number of trees shall be determined by the following applicable ratios of total inches of tree caliper to total Site coverage by buildings and pavement:
 
0-20,000 square feet: 6 inches of trunk plus 1 inch added for every  4,000 square feet of total Site covered by building and pavement.
 
20,000 - 100,000 square feet: 10 inches of trunk size plus 1 inch for every 4,000 square feet of total Site covered by building and pavement.
 
5.   The landscaping requirements of this section and/or the requirements of Chapter 3342 may be offset by the preservation of existing vegetation.  Street tree planting along the Hamilton Road parking setback shall not be counted to offset requirements of Chapter 3342 for tree planting within the Site parking area.
 
6.   All trees and landscaping shall be well maintained.  Weather permitting, dead items shall be replaced within six (6) months.
 
7.   The minimum size of trees at the time of planting shall be as follows:  Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5 feet.  The minimum size of shrubs shall be two (2) gallons.  Caliper shall be measured 6 inches above grade.
 
8.   There shall be no required loading space pursuant to the requirements of §3342.13, Loading Space, and §3342.29, Minimum Number of Loading Spaces Required.  Loading/service areas shall be screened from off-site view to a minimum  height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
 
D.   Building Design and/or Interior-Exterior Treatment Commitments.
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level, to the height of the equipment by the same material utilized on the building roof or exterior.  Decorative cornices may be used.  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.
 
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, using materials such as wood, brick, stone, stucco, EIFS, glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block, buildings featuring an exterior finish consisting entirely of glass, and the use of reflective or mirrored glass are not permitted.
 
4.   A minimum of 50% of the exterior of any building, exclusive of windows, doors, roofs, soffit and similar or comparable areas, shall be finished with wood or masonry building material such as brick, stone, EIFS, stucco, and/or comparable materials.
 
5.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
6.   The primary roof of any building shall be pitched, sloped with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.
 
E.   Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1.   All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, 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 cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
 
5.   Any new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
 
6.   All lighting shall be positioned as to not be directed toward any residential area.
 
7.   Dumpsters shall be screened from view on all four (4) sides to a height of six (6) feet.
 
F.   Graphics and Signage Commitments.
1.   All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
2.   All ground-mounted signage shall be monument style, except for incidental onsite ground-mounted directional signs, if any.
 
SUB-AREA B       
CPD, COMMERCIAL PLANNED DEVELOPMENT
4.237+ ACRES
 
1.   PERMITTED USES:  The following uses shall be permitted in Sub-Area B: All uses of Chapter 3355, C-3 Commercial District, and the following specified C-4 uses of Chapter 3356:  
 
Appliance store, automobile driving training facility, caterers, community food pantry, consumer goods rental, discount department stores, electronic stores, general merchandise stores, home center, household/personal goods, maintenance and repair, linen and uniform supply, re-upholster and furniture repair, sporting goods and outfitter stores, supermarkets, used merchandise store, vending machine operators, carpet and upholstery cleaning services, exterminating and pest control services, farm equipment and supply store, gardening, landscaping and nursery sales and center, hospitals, janitorial services, lawn and garden equipment supplies and services, paint and wallpaper stores, performing arts, spectator sports and related industries, theaters, dance companies and dinner theater, animal shelter, amusement arcade and veterinarians.
 
In addition to Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C4 uses of Chapter 3356 shall also be allowed, at any one time: automotive accessories parts and tire store, and motor vehicle accessories and parts store.
 
2.   DEVELOPMENT STANDARDS:  Except as specified herein, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
 
A.   Density, Height, Lot and/or Setback Commitments.
1.   Building Setback:  The minimum setback on Hamilton Road shall be 50 feet. The minimum rear yard building setback shall be 25 feet.
 
2.   Parking Setback:  The minimum parking and pavement setback, other than driveways from curb cuts on Hamilton Roads shall be 30 feet.  The rear yard parking setback shall be a minimum of 10 feet and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement for the total area combined shall not exceed 70%.
 
4.   The maximum square footage of any structure in these proposed sub-areas shall be 10,000 sq. ft.
 
B.   Access, Loading, Parking and/or Other Traffic-Related Commitments.
1.   Curb cuts shall be approved by the City of Columbus Transportation Division.
 
2.   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, are provided to insure the function of shared driveways and aisles.
 
3.   Required Parking:
 (a)   To provide the most efficient design and layout of parking and thereby minimize unnecessary paving to meet Code requirements for each driveway, aisle, parking space, number of Code-required spaces, and each parcel, to independently meet all design criteria and number of parking spaces within each parcel or sub-area, parking lots may be designed without regard to property lines internal to sub-areas.  Cross access easements shall be provided as applicable to insure the designed function of the parking and internal vehicular circulation system.  Code-required parking shall be determined by the sum of required parking for all uses within Sub-Areas B and C shall be provided within the overall area of Sub-Areas B and C, without regard to internal property lines or sub-area boundaries.  Parking shall not be provided in excess of that number of parking spaces required by Chapter 3342, Off-Street Parking and Loading, Columbus Zoning Code.
 
 (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 calculated Code-required parking.
 
4.   There shall be no required parking for seasonal outside seating areas.
 
5.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening Commitments.
1.   The parking setback areas for Hamilton Road shall be maintained in live vegetation and shall include tree and shrub planting at the rate of four (4) trees and four (4) shrubs per 100 lineal feet of street frontage.  The trees shall be placed randomly to stimulate natural hedge rows.  These trees are in addition to the street trees required in No. 2, below. The Applicant reserves the right to place some of these trees in the parking and maneuvering areas of the sub-areas to achieve the 70% lot coverage requirement of the Accord.
 
2.   A street tree row shall be established along Hamilton Road.  The street tree row shall contain one 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.   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.
 
4.   Tree planting shall be required within the Site parking area and service areas.  The number of trees shall be determined by the following applicable ratios of total inches of tree caliper to total Site coverage by buildings and pavement:
 
0-20,000 square feet: 6 inches of trunk plus 1 inch added for every 4,000 square feet of total Site covered by building and pavement.
20,000 - 100,000 square feet: 10 inches of trunk size plus 1 inch for every 4,000 square feet of total Site covered by building and pavement.
 
5.   The landscaping requirements of this section and/or the requirements of Chapter 3342 may be offset by the preservation of existing vegetation.  Street tree planting along the Hamilton and Warner Road parking setback shall not be counted to offset requirements of Chapter 3342 for tree planting within the Site parking area.
 
6.   All trees and landscaping shall be well maintained.  Weather permitting, dead items shall be replaced within six (6) months.
 
7.   The minimum size of trees at the time of planting shall be as follows:  Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5 feet.  The minimum size of shrubs shall be two 2 gallon.  Caliper shall be measured 6 inches above grade.
 
8.   There shall be no required loading space pursuant to the requirements of §3342.13, Loading Space, and §3342.29, Minimum Number of Loading Spaces Required.  Loading/service areas shall be screened from off-site view to a minimum height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
 
D.   Building Design and/or Interior-Exterior Treatment Commitments.
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level to the height of the equipment by the same material utilized on the building roof or exterior.  Decorative cornices may also be used.  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.
 
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, using materials such as wood, brick, stone, stucco, EIFS, glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block, buildings featuring an exterior finish consisting entirely of glass, and the use of reflective or mirrored glass are not permitted.
 
4.   A minimum of 50% of the exterior of any building, exclusive of windows, doors, roofs, soffit and similar or comparable areas, shall be finished with wood and/or masonry building material such as brick, stone, EIFS, stucco and/or comparable materials.
 
5.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
6.   The primary roof of any building shall be pitched, with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.
 
E.   Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1.   All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, 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 cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
 
5.   All new or relocated utility lines within Sub-Area B shall be installed underground unless the applicable utility company directs or requires otherwise.
 
6.   All lighting shall be positioned as to not be directed toward any residential area.
 
7.   Dumpsters shall be screened from view on all four (4) sides to a height of six (6) feet.
 
F.   Graphics and Signage Commitments.
1.   All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
2.   All ground-mounted signage shall be monument style, except for incidental onsite ground-mounted directional signs, if any.
 
break2
 
 
SUB-AREA C
CPD COMMERCIAL PLANNED DEVELOPMENT
3.283ACRES
 
1.   PERMITTED USES: The following uses shall be permitted in Sub-Area C: All uses of Chapter 3355, C-3 Commercial District, and the following specified C-4 uses in Chapter 3356:
 
Appliance store, automobile driving training facility, caterers, community food pantry, consumer goods rental, discount department stores, electronic stores, general merchandise stores, home center, household/personal goods maintenance and
repair, linen and uniform supply, re-upholster and furniture repair, sporting goods and outfitter stores, supermarkets, used merchandise store, vending machine operators, carpet and upholstering cleaning services, exterminating and pest control services, farm equipment and supply store, gardening, landscaping and nursery sales and center, hospitals, janitorial services, lawn and garden equipment supplies and services, paint and wallpaper stores, performing arts, spectator sports and related industries, theaters, dance companies and dinner theater, animal shelter, amusement arcade and veterinarians.
 
In addition to Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C4 uses of Chapter 3356 shall also be allowed, at any one time: automotive accessories parts and tire store, and motor vehicle accessories and parts store.
 
2.   DEVELOPMENT STANDARDS:  Except as specified herein, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
 
A.   Density, Height, Lot and/or Setback Commitments.
1.   Building Setback:  The minimum setback on Hamilton Road shall be 50 feet. The minimum rear yard setback shall be 25 feet.
 
2.   Parking Setback:  The minimum parking and pavement setback, other than driveways from curb cuts, on Hamilton  Roads shall be 30 feet. The rear yard set back shall be a minimum of 10 ft. and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement for the total area combined shall not exceed 70%.
 
4.   The maximum sq. footage of any structure in these proposed sub-areas shall be 10,000 sq. ft. and no structure shall have more than 200 feet of building frontage.
 
B.   Access, Loading, Parking and/or Other Traffic-Related Commitments.
1.   Curb cuts shall be approved by the City of Columbus Transportation Division.
 
2.   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, are provided to insure the function of shared driveways and aisles.
 
3.   Required Parking:
 (a)   To provide the most efficient design and layout of parking and thereby minimize unnecessary paving to meet Code requirements for each driveway, aisle, parking space, number of Code-required spaces, and each parcel, to independently meet all design criteria and number of parking spaces within each parcel or sub-area, parking lots may be designed without regard to property lines internal to sub-areas.  Cross access easements shall be provided as applicable to insure the designed function of the parking and internal vehicular circulation system.  Code-required parking shall be determined by the sum of required parking for all uses within Sub-Areas B and C shall be provided within the overall area of Sub-Areas B and C, without regard to internal property lines or sub-area boundaries.  Parking shall not be provided in excess of that number of parking spaces required by Chapter 3342, Off-Street Parking and Loading, Columbus Zoning Code.
 
 (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 calculated Code-required parking.
 
4.   There shall be no required parking for seasonal outside seating areas.
 
5.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening Commitments.
1.   The parking setback areas for Hamilton Road shall be maintained in live vegetation and shall include tree and shrub planting at the rate of four (4) trees and four (4) shrubs per 100 lineal feet of street frontage.  The trees shall be placed randomly to stimulate natural hedge rows.  These trees are in addition to the street trees required in C-2, below.  The Applicant reserves the right to place some of the trees in the parking and maneuvering areas of the sub-areas to achieve the 70% lot coverage requirement of the Accord.
 
2.   A street tree row shall be established along Hamilton Road.  The street tree row shall contain one 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.   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 or to provide adequate vision clearance.
 
4.   Tree planting shall be required within the Site parking area and service areas.  The number of trees shall be determined by the following applicable ratios of total inches of tree caliper to total Site coverage by buildings and pavement
 
0-20,000 square feet: 6 inches of trunk plus 1 inch added for every 4,000 square feet of total Site covered by building and pavement.
 
20,000 - 100,000 square feet: 10 inches of trunk size plus 1 inch for every 4,000 square feet of total Site covered by building and pavement.
 
5.   The landscaping requirements of this section and/or the requirements of Chapter 3342 may be offset by the preservation of existing vegetation.  Street tree planting along the Hamilton Road parking setback shall not be counted to offset requirements of Chapter 3342 for tree planting within the Site parking area.
 
6.   All trees and landscaping shall be well maintained.  Weather permitting, dead items shall be replaced within six (6) months.
 
7.   The minimum size of trees at the time of planting shall be as follows:  Deciduous - 2 ½ inches; Ornamental - 1 ½ inches; Evergreen - 5 feet.  The minimum size of shrubs shall be two 2 gallon.  Caliper shall be measured 6 inches above grade.
 
8.   There shall be no required loading space pursuant to the requirements of §3342.13, Loading Space, and §3342.29, Minimum Number of Loading Spaces Required.  Loading/service areas shall be screened from off-site view to a minimum height of four (4) feet by landscaping, fencing, walls or buildings, used individually or in combination.
 
D.   Building Design and/or Interior-Exterior Treatment Commitments.
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level to the height of the equipment by the same material utilized on the building roof or exterior.  Decorative cornices may also be used.  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.
 
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, using materials such as wood, brick, stone, stucco, EIFS, glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block, buildings featuring an exterior finish consisting entirely of glass, and the use of reflective or mirrored glass are not permitted.
 
4.   A minimum of 50% of the exterior of any building, exclusive of windows, doors, roofs, soffit and similar or
comparable areas, shall be finished with wood and/or masonry building material such as brick, stone, EIFS, stucco and/or comparable materials.
 
5.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
6.   The primary roof of any building shall be pitched, sloped with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.
 
E.   Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1.   All parking lot or ground-mounted lighting shall use fully shielded cutoff fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, 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 cutoff style fixtures and be designed in such a way to minimize any off-site light spillage.
 
5.   All new or relocated utility lines shall be installed underground unless the applicable utility company directs or requires otherwise.
 
6.   All lighting shall be positioned as to not be directed toward any residential area.
 
7.   Dumpsters shall be screened from view on all four() sides to a height of six (6) feet.
 
F.   Graphics and Signage Commitments.
1.   All graphics shall confrm to Article 15of the Columbus City Code, as it applies to the C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
2.   All ground-mounted signage shall be monument style, except for incidental onsite ground-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 Recreation and Parks Department.  This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
 
2.   A paved surface, a minimum of four (4) feet wide, shall be provided between any future sub-areas to facilitate pedestrian movement between  all sub-areas. Pavement for  pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between any future sub-areas.
 
3.   Bicycle parking will be provided.
 
 
SUB-AREA D1
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.818 ACRES
 
1.   PERMITTED USES:      
All the uses of Chapters 3357, C-5 Commercial District, and Chapter 3356, C-4 Commercial District, shall be permitted excepting therefrom:
 
Electric substation, public parking, motor bus terminal, outdoor amphitheater, asetos product sales, auctioneer's auditorium, ballrooms (commercial, for profit), coliseum, dance hall (commercial), bars, armored ar service garage, sale of firearms at loan or pawn shops, or outdoor storage pursuant to C.C.C. §3363.41;  cabaret, danc hall, private club, pool room, skating rink, or veterinary hospital.
 
In addition to Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C4 uses of Chapter 3356 shall also be allowed, at any one time: automotive accessories parts and tire store and motor vehicle accessories and parts store.
 
2.   DEVELOPMENT STANDARDS:      
Except s specified herein, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
 
A.   Density, Height, Lot and/or Setbacks.
 
1.   Building/Canopy Setback:
The minimum setback along Hamilton Road shall be 25 feet.  The minimum setback along Warner Road shall be 30 feet.  The rear yard building setback shall be a minimum of 25 feet.
 
2.   Parking Setback:
The minimum parking/paving setback, other than driveways and sidewalks, shall be 25 feet from Hamilton Road, and 10 feet from Warner Road.  The rear yard parking setback shall be a minimum of 10 feet and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement shall be a maximum of 70% of lot area.
 
4.   The maximum square footage of any structure in these proposed  sub-areas shall be 10,000 sq. ft., and no structure shall have more than 200 feet of building frontage.
 
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 Transportation Division.  One (1) full-service access point along Warner Road shall be permitted.  One (1) full-service access point on Hamilton Roads shall be permitted within the entire Sub-Area D, to service Sub-Areas D1, D2 and D3.
 
2.   Driveway access points and aisles may be divided by property lines and sub-area  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, as applicable, are provided to ensure the function of shared driveways and aisles.
 
3.   Required Parking:
 (a)   To provide the most efficient design and layout of parking and thereby minimize unnecessary paving to meet Code requirements for each driveway, aisle, parking space, number of Code-required spaces, and each parcel, to independently meet all design criteria and number of parking spaces within each parcel or sub-area, parking lots may be designed without regard to property lines internal to sub-areas.  Cross access easements shall be provided as applicable to insure the designed function of the parking and internal vehicular circulation system.  Code-required parking shall be determined by the sum of required parking for all uses within Sub-Areas D1 through D3 and shall be provided within the overall area of Sub-Areas D1 through D3, without regard to internal property lines or sub-area boundaries.  Parking shall not be provided in excess of that number of parking spaces required by Chapter 3342, Off-Street Parking and Loading, Columbus Zoning Code.
 
 (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 calculated Code-required parking.
 
4.   Applicant shall deed and dedicate 40 feet of right-of-way (from centerline) along Warner Road to the City of Columbus.
 
5.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening
1.   The  Hamilton Road 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 hedge rows. These trees are in addition to the street trees required in C2, 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 inches; Ornamental - 1 ½ inches; Evergreen - 6 feet.
 
6.   The Applicant shall install a continuous 30 inch "hedge row" within the parking setback along Hamilton Road.  Headlight screening may be reduced as needed adjacent to curb cuts, to provide adequate vision clearance.
 
7.   The landscaping requirements of this section and/or the requirements of Chapter 3342 shall be offset by the preservation of existing vegetation.   
 
D.   Building Design and/or Interior Exterior Treatments:
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level by the same materials utilized on the building, roof or exterior. Decorative cornices may also be used to screen mechanicals.   Colors 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 or compatible materials as building materials.
 
2.   Building illumination shall be permitted, provided such light source(s) are concealed.  No colored light shall be used to light the exterior of any building.
 
3.   Building materials shall be traditional and natural in appearance, and may include wood, brick, stone, stucco, EIFS, glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block buildings featuring an exterior finish, consisting entirely of glass and the use of reflective or mirrored glass are not permitted.
 
 (a)      A minimum of 50% of the exterior of any building, exclusive of windows, doors, roof, soffit and similar or
comparable areas, shall be finished with wood or masonry building materials, such as brick, stone, EIFS, and/or stucco or comparable materials.
 
 (b)      The columns of any canopy over motor vehicle fuel pumps shall be wrapped in the same wood or masonry material as the primary wood or masonry material used on retail building(s) to coordinate the architectural theme between the canopy/columns and the retail building.
 
4.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
5.   The primary roof of any building shall be pitched, with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.  Canopy(s) used over motor vehicle fuel sales pump islands shall have a pitched roof 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 and ground signs, 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 ensure 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 any off-site light spillage.
 
5.   All new or relocated utility lines shall be installed underground.
 
6.   All lighting shall be positioned as to not be directed toward any residential area.
 
7.   Canopy lighting over gasoline pump islands shall be recessed or shielded to control glare and off-site light.
 
F.   Graphics and Signage Commitments
1.   All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
G.   Other CPD Requirements
1.   Natural Environment: The natural environment of Sub-Area D1 is flat to agricultural fields.
 
2.   Existing Land Use: The property is presently undeveloped and used for agricultural purposes.
 
3.   Circulation: Access to and from Sub-Area D1 will be from Hamilton Road and Warner Road with internal vehicular circulation between Sub-Areas D1 through D3, contiguous to the north and south.
 
4.   Visual Form of the Environment: The area surrounding Sub-Area D1to the north and west is primarily undeveloped.  
 
5.   Visibility: Sub-Area D1 fronts on existing Warner Road and will front on the future extended Hamilton Road.
 
6.   Proposed Development: Commercial development which may include a convenience store with gasoline sales and carwash is contemplated.
 
7.   Behavior Patterns: The Site is located on existing Warner Road and will be located at the southwest corner of Hamilton Road and Warner Road upon construction of Hamilton Road north from the present Hamilton Road/New Albany Expressway interchange. Vehicular access will be principally from future Hamilton Road and also from Warner Road.  
Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Area D1 through D3.
 
8.   Emissions: Development on Sub-Area D1 will conform to City of Columbus requirements as further controlled by development standards of this Development Text for light levels, sounds and dust.  There will be no objectionable emissions.
 
9.   Variances: The Code-required Hamilton Road building setback is reduced through the CPD mechanism.  Curb cuts, driveways and aisles are permitted to straddle a property line, subject to the overall width meeting minimum Code requirements.  Provision is made for review of shared parking and reduction of Code-required
parking based on appropriate and applicable review by the Transportation Division.
 
H.   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.  Sidewalks along Hamilton Road shall be located per the specifications and recommendations of the City of Columbus Transportation Division.  This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
 
2.   A paved surface a minimum of four (4) feet wide, shall be provided between Sub-Areas D1 through D3, to facilitate pedestrian movement between all sub-areas.  Pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between sub-areas.
 
3.   Bicycle parking will be provided.
 
break3
 
SUB-AREA D2
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.154  ACRES
 
1.   PERMITTED USES:      
All the uses of Chapter 3355, C-3 Commercial District shall be permitted and the uses in Chapter 3356, C-4, Commercial District, excluding the following:
 
Electric substation, public parking, motor bus terminal, outdoor amphitheater, asbestos product sales, auctioneer's auditorium, ballrooms (commercial, for profit), coliseum, dance hall (commercial), bars, armored car service garage, sale of firearms at loan or pawn shops, outdoor storage pursuant to C.C.C. §3363.41;  cabaret, dance hall, private club, pool room, skating rink, or veterinary hospital.
 
In addition to Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C-4 uses of Chapter 3356 shall also be allowed, at any one time: automotive accessories parts and tire store, and motor vehicle accessories and parts store.
 
 
2.   DEVELOPMENT STANDARDS:      
Except as specified herein, the applicable development standards shall be as specified in Chapter 3356, C-4 Commercial District.
 
A.   Density, Height, Lot and/or Setbacks.
1.   Building/Setback:  The minimum setback along Hamilton Road shall be 25 feet.  The rear yard building setback shall be a minimum of 25 feet.
 
2.   Parking Setback:   The minimum parking/paving setback other than driveways and sidewalks, shall be 25 feet from Hamilton Road. The rear yard parking setback shall be a minimum of 10 feet and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement shall be a maximum of 70% of  lot area.
 
4.   The maximum square footage of any structure in these proposed  sub-areas shall be 10,000 sq. ft. and no structure shall have more than 200 feet of building frontage.
 
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 Transportation Division.  One (1) full-service access point on Hamilton Road shall be permitted within Sub-Area D, to service Sub-Areas D1, D2 and D3.  
 
2.   Driveway access points and aisles may be divided by property lines and sub-area 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, as applicable, are provided to ensure the function of shared driveways and aisles.
 
3.   Required Parking:
 (a)  To provide the most efficient design and layout of parking and thereby minimizing unnecessary paving to meet Code requirements for each driveway, aisle, parking space, number of Code-required spaces and each parcel to independently meet all design criteria and number of parking spaces within each parcel or sub-area, parking lots may be designed without regard to property lines internal to sub-areas.  Cross -access easements shall be provided as applicable to ensure the designed function of the parking and internal vehicular circulation system.  Code-required parking shall be determined by the sum of required parking for all uses within Sub-Areas D1 through D3, and shall be provided within the overall area of Sub-Areas D1 through D3 without regard to internal property lines or sub-area boundaries.  Parking shall not be provided in excess of that number of parking spaces required by Chapter 3342, Off-Street Parking and Loading, Columbus Zoning Code.
 
 (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 calculated Code-required parking.
 
4.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening
1.   The Hamilton Road 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 hedge rows. These trees are in addition to the street trees required in C2, 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 inches; Ornamental - 1 ½  inches; Evergreen - 6 feet.
 
6.   The Applicant shall install a continuous 30 inch "hedge row" within the parking setback along Hamilton Road.  Headlight screening may be reduced as needed adjacent to curb cuts, to provide adequate vision clearance.
 
7.   The landscaping requirements of this section and/or the requirements of Chapter 3342 shall be offset by the preservation of existing vegetation.   
 
D.   Building Design and/or Interior Exterior Treatments:
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level by the same materials utilized on the building, roof or exterior.  Colors 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 or compatible materials as building materials.
 
2.   Building illumination shall be permitted, provided such light source(s) are concealed.  No colored light shall be used to light the exterior of any building.
 
3.   Building materials shall be traditional and natural in appearance, using materials such as wood, brick, stone, stucco, EIFS glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block buildings featuring an exterior finish, consisting entirely of glass and the use of reflective or mirrored glass are not permitted.
 
 (a)  A minimum of 50% of the exterior of any building, exclusive of windows, doors, roof, soffit and similar or comparable areas, shall be finished with wood or masonry building materials, such as brick, stone, EIFS, and/or stucco or comparable materials.
 
4.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
5.   The primary roof of any building shall be pitched, with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.
 
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 and ground signs, 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 ensure 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 any off-site light spillage.
 
5.   All new or relocated utility lines shall be installed underground.
 
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 C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
G.   Other CPD Requirements
1.   Natural Environment: The natural environment of Sub-Area D2 is flat to agricultural fields.
 
2.   Existing Land Use: The property is presently undeveloped and used for agricultural purposes.
 
3.   Circulation: Access to and from Sub-Area D2 will be from Hamilton Road with internal vehicular circulation between Sub-Areas D1 through D3, contiguous to the north and south.
 
4.   Visual Form of the Environment: The area surrounding Sub-Area D1 to the north and west is undeveloped.  
 
5.   Visibility: Sub-Area D2 will front on the future extended Hamilton Road.
 
6.   Proposed Development: Commercial development which may include  a convenience store with gasoline sales and car wash.
 
7.   Behavior Patterns: The Site is located south of the southwest corner of Hamilton Road and Warner Road upon construction of Hamilton Road north from the present Hamilton Road/New Albany Expressway interchange. Vehicular access will be from future Hamilton Road.   Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Areas D1 through D3.
 
8.   Emissions: Development on Sub-Area D2 will conform to City of Columbus requirements as further controlled by development standards of this Development Text for light levels, sounds and dust. There will be no objectionable emissions.
 
9.   Variances: The Code-required Hamilton Road building setback is reduced through the CPD mechanism.  Curb cuts, driveways and aisles are permitted to straddle a property line, subject to the overall width meeting minimum Code requirements.  Provision is made for review of shared parking and reduction of Code-required parking based on appropriate and applicable review by the Transportation Division.
 
H.   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.  Sidewalks along Hamilton Road shall be located per the specifications and recommendations of the Transportation Division.  This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
 
2.   A paved surface a minimum of four (4) feet wide, shall be provided between Sub-Areas D1 through D3, to facilitate pedestrian movement between all sub-areas.  Pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between sub-areas.
 
3.   Bicycle parking will be provided.
 
SUB-AREA D3
CPD, COMMERCIAL PLANNED DEVELOPMENT
1.852 ACRES
 
1.   PERMITTED USES:      
All the uses of Chapter 3355, C-3 Commercial District shall be permitted, and the uses of Chapter 3356, C-4, Commercial District, excluding the following:
 
Electric substation, public parking, motor bus terminal, outdoor amphitheater, asbestos product sales, auctioneer's auditorium, ballrooms (commercial, for profit), coliseum, dance hall (commercial), bars, armored car service garage, sale of firearms at loan or pawn shops, outdoor storage pursuant to C.C.C. §3363.41;  cabaret, dance hall, private club, pool room, skating rink, or veterinary hospital.
 
In addition to those uses included in Sub-Areas D1, D2 and D3, herein, the Applicant shall be entitled to one additional sub-area (specifically A, B or C), wherein the following C4 uses of Chapter 3356 shall also be allowed, at any one time:
 
automotive accessories parts and tire store, and motor vehicle accessories and parts store.
 
2.   DEVELOPMENT STANDARDS:      
Except as specified herein, the applicable development standards shall be as specified in Chapter 3356, C4 Commercial District.
 
A.   Density, Height, Lot and/or Setbacks.
1.   Building Setback:  The minimum setback along Hamilton Road shall be 25 feet.  The minimum rear yard building setback shall be 25 feet.
 
2.   Parking Setback:
The minimum parking/paving setback other than driveways and sidewalks, shall be 25 feet from Hamilton Road. The minimum rear yard parking setback shall be a minimum of 10 feet and shall be maintained as landscaped green space.
 
3.   Lot coverage for all building and pavement shall be a maximum of 70% of lot area.
 
4.   No structure shall exceed 10,000 sq. ft. and no structure shall have more than 200 feet of building frontage.
 
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 Transportation Division.  One (1) full-service access point on Hamilton Road shall be permitted within Sub-Area D, to service Sub-Areas D1, D2 and D3.  Access shall also be provided to the contemplated access point/street located at the south end of Sub-Area D.  This access point will also serve Sub-Areas D1, D2 and D3.
 
2.   Driveway access points and aisles may be divided by property lines and sub-area 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, as applicable, are provided to ensure the function of shared driveways and aisles.
 
3.   Required Parking:
 (a)  To provide the most efficient design and layout of parking and thereby minimizing unnecessary paving to meet Code requirements for each  driveway, aisle, parking space, number of code required spaces and each parcel to independently meet all design criteria and number of parking spaces within each parcel or sub-area, parking lots may be designed without regard to property lines internal to sub-areas. Cross-easements shl be provided as applicable to ensure the designed function of the parking and internal vehicular circulation system.  Code-required parking shall be etermined by the um of required parking for all uses within Sub-Areas D1 through D3 and shall be provided within the overall area of Sub-Areas D1 through D3 without regard to internal property lines or sub-area boundaries.  Parking shall not be provided in excess of that number of parking spaces required by Chapter 3342, Off-Street Parking and Loading, Columbus Zoning Code.
 
 (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 calculated Code-required parking.
 
4.   The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
C.   Buffering, Landscaping, Open Space and/or Screening
1.   The Hamilton Road 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 hedge rows. These trees are in addition to the street trees required in C2, 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 inches; Ornamental - 1 ½ inches; Evergreen - 6 feet.
 
6.   The Applicant shall install a continuous 30 inch "hedge row" within te arking setback along Hamilton Road.  Headlight screening may be reduced as needed adjacent to curb cuts, to provide adequate vision clearance.
 
7.   The landscaping requirements of this section and/or the requirements of Chapter 3342 shall e offset by the preservation of exising vegetation.   
 
D.   Building Design and/or Interior Exterior Treatments:
1.   Any mechanical equipment or utility hardware on the roof of a building shall be screened from view from ground level by the same materials utilized on the building, roof or exterior.  Decorative cornces may be used.  Colors shall also match the building exterior or roof.  Ground mounted mechanical or utility equipment shall be fully screened frm iew from ground level, by landscaping or any fence or wall utilizing comparable or compatible materials as building materials.
 
2.   Building llumination shall be permitted, provided such light source(s) are concealed.  No colored light shall be used to light the exterior of any building.
 
3.   Building materials shall be traditional and natural in appearance, using materials such as wood, brick, stone, stucco, EIFS, glass and/or vinyl siding.  Vinyl siding shall be limited to an upgraded quality and a thickness of .044 mils or greater and shall be natural in appearance.  Prefabricated metal buildings, exposed untreated masonry block buildings featuring an exterior finish, consisting entirely of glass and the use of reflective or mirrored glass are not permitted.
 
(a)  A minimum of 50% of the exterior of any building, exclusive of windows, doors, roof, soffit and similar or comparable areas, shall be finished with wood or masonry building materials, such as brick, stone, EIFS, and/or stucco or comparable  materials.
 
4.   Building(s) shall be finished on all sides/elevations with the same or similar level and quality of finish.
 
5.   The primary roof of any building shall be either pitched, with a minimum slope of 6:12, or flat with decorative cornices, to screen mechanicals.
 
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 and ground signs, 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 ensure 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 any off-site light spillage.
 
5.   All new or relocated utility lines shall be installed underground.
 
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 C-4, Commercial District.  Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
 
G.   Other CPD Requirements
1.   Natural Environment: The natural environment of Sub-Area D3 is flat to agricultural fields.
 
2.   Existing Land Use: The property is presently undeveloped and used for agricultural purposes.
 
3.   Circulation: Access to and from Sub-Area D3 will be from Hamilton Road with internal vehicular circulation between Sub-Areas D1 through D3  contiguous to the north.
 
4.   Visual Form of the Environment: The area surrounding Sub-Area D3 to the north and west is undeveloped.
 
5.   Visibility: Sub-Area D3 will front on the future extended Hamilton Road.
 
6.   Proposed Development: Commercial development which may include a convenience store with gasoline sales and carwash.
 
7.   Behavior Patterns:  Vehicular access will be principally from future Hamilton Road and also from sub-area access.      Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Areas D1 through D3.
 
8.   Emissions: Development on Sub-Area D3 will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
 
9.   Variances: The Code-required Hamilton Road building setback is reduced through the CPD mechanism.  Curb cuts, driveways and aisles are permitted to straddle a property line, subject to the overall width meeting minimum code requirements.  Provision is made for review of shared parking and reduction of Code-required parking based on appropriate and applicable review by the Transportation Division.
 
H.   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.  Sidewalks along Hamilton Road shall be located per the specifications and recommendations of the City of  Columbus Transportation Division.  This Text shall not be construed to require off-site construction of any such sidewalks and/or bikeways.
 
2.   A paved surface a minimum of four (4) feet wide, shall be provided between Sub-Areas D1 through D3, to facilitate pedestrian movement between all sub-areas.  Pavement for pedestrian circulation purposes may be placed in and across perimeter landscaped setback areas between sub-areas.
 
3.   Bicycle parking will be provided.
 
I.   GENERAL PROVISIONS APPLICABLE TO ALL SUB-AREAS
 
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 must 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:
Traffic signals that are required to be installed at private drives shall be subject to maintenance costs in accordance with City policy.
 
The Applicant and/or owner/developer shall construct 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 cut(s) and/or access points are included within the City-approved traffic access study for this project.  Required construction of said turn lanes 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.
 
SEVERABILITY:      
Sub-Areas A, B, C D1, D2 and D3 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, D1, D2 and D3 may be rezoned individually, in combination with each other or individually in combination with other abutting land not part of this application at any time in the future.
 
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.
 
PARKLAND DEDICATION:
The Applicant shall comply with the requirements of the Parkland Dedication Ordinance, to the specifications of the City of Columbus Recreation and Parks Department.
 
SECTION 4: That this ordinance shall take effect and be in force from and after the earliest period allowed by law.