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File #: 1673-2003    Version:
Type: Ordinance Status: Consent
File created: 6/22/2003 In control: Zoning Committee
On agenda: 7/14/2003 Final action: 7/16/2003
Title: To rezone 1552 NORTH HIGH STREET (43201), being 7.70± acres located on the east side of North High Street between East Ninth Avenue and Chittenden Avenue, and on the west side of North High Street between West Tenth Avenue and West Eleventh Avenue, From: C-4, Commercial, P-1 and P-2, Parking, AR-4, Apartment Residential, and R-4, Residential Districts, To: CPD, Commercial Planned Development District (Z03-004). Filed with companion Council Variance request CV03-004.
Attachments: 1. ORD1673-2003CPDPlan.PDF, 2. ORD1673-2003gismap.pdf, 3. ORD1673-2003UnivAreaCom.tif, 4. ORD1673-2003UnivRevBrd.tif, 5. ORD1673-2003labels.pdf, 6. ORD1673-2003StaffRep.pdf, 7. ORD1673-2003Disclosure.tif, 8. ORD1673-2003zonemap.pdf
Explanation
 
 
REZONING:  Z03-004
 
APPLICANT:  Gateway Area Revitalization Initiative; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Suite 725; Columbus, Ohio 43215.
 
PROPOSED USE:  Mixed commercial and residential development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (7-0) on April 10, 2003.
 
UNIVERSITY AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  
 
 
title
 
To rezone 1552 NORTH HIGH STREET (43201), being 7.70± acres located on the east side of North High Street between East Ninth Avenue and Chittenden Avenue, and on the west side of North High Street between West Tenth Avenue and West Eleventh Avenue, From:  C-4, Commercial, P-1 and P-2, Parking, AR-4, Apartment Residential, and R-4, Residential Districts, To:  CPD, Commercial Planned Development District (Z03-004).  Filed with companion Council Variance request CV03-004.
 
 
body
 
WHEREAS, application #Z03-004 is on file with the Building Services Division of the Department of Development requesting rezoning of 7.70± acres from C-4, Commercial, P-1 and P-2, Parking, AR-4, Apartment Residential, and R-4, Residential Districts, to CPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the University Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend Approval of said zoning change because the mixed commercial and residential uses as proposed are consistent with existing zoning and development patterns of the area and reflect the redevelopment goals of the City of Columbus for this segment of North High Street, including the City's relocation of Pearl Alley.  The CPD text provides appropriate use restrictions and development standards that address building and maneuvering setbacks, traffic improvements, parking requirements, building height and design standards, buffering and landscaping.  A companion Variance request (CV03-004) has been filed to permit ground floor dwelling units and dwelling units above otherwise restricted commercial uses such as performing arts, spectator sports and theaters.
 
 
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:
 
To rezone 1552 North High Street (43201), being 7.70± acres located on the east side of North High Street between East Ninth Avenue and Chittenden Avenue, and on the west side of North High Street between West Tenth Avenue and West Eleventh Avenue, and being more particularly described as follows:
 
SUBAREA A:  ZONING DESCRIPTION OF A 1.207 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 1 through 19, inclusive, of College Place Addition as recorded in Plat Book 4, page 175, being all of those Parcels numbered 1 through 6, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning at the intersection of the westerly right-of-way of High Street (66 feet) with the northerly right-of-way line of West Tenth Avenue (60 feet);
 
thence North 86º 44' 32" West, continuing with the said northerly right-of-way, a distance of 139.96 feet to a point at the intersection of said northerly right-of-way line with the easterly right-of-way line of the first alley west of High Street;
 
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 383.41 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of West Eleventh Avenue (60 feet);
 
thence South 86º 44' 32" East, with said southerly right-of-way line, a distance of 139.96 feet to a point at the intersection of said southerly right-of-way line with said
 
westerly right-of-way line;
 
thence South 08º 15' 28" East, with said westerly right-of-way line, a distance of 383.41 feet to the True Point of Beginning, containing 1.207 acres, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  C-4, Commercial District.
 
To:  CPD, Commercial Planned Development District.
 
 
SUBAREA B:  ZONING DESCRIPTION OF A 1.158 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 2 and 3, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, being all of those Parcels numbered 7 through 12, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning at the intersection of the easterly right-of-way of High Street (66 feet) with the northerly right-of-way line of East Eleventh Avenue (60 feet);
 
thence North 08º 15' 28" West, with said easterly right-of-way, a distance of 294.54 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of Chittenden Avenue (60 feet);
 
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 175.12 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of Pearl Street (20 feet);
 
thence South 08º 15' 28" East, with said westerly right-of-way line, a distance of 294.54 feet to a point at the intersection of said westerly right-of-way line with said northerly right-of-way line;
 
thence North 86º 10' 28" East, with said northerly right-of-way line, a distance of 175.12 feet to the True Point of Beginning, containing 1.158 acres, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  C-4, Commercial District.
 
To:  CPD, Commercial Planned Development District.
 
 
SUBAREAS C AND D:  ZONING DESCRIPTION OF A 1.583 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 1,2, and 3 of John R. Cook's Subdivision as recorded in Plat Book 3, Page 340, and Lots 1 through 8, inclusive, of Kelly, Fink, Dundon, and Bergin's Subdivision as recorded in Plat Book 4, Page 207, being all of those Parcels numbered 13 through 20, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning at the intersection of the easterly right-of-way of High Street (66 feet) with the southerly right-of-way line of East Eleventh Avenue (60 feet);
 
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 175.12 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of Pearl Street (width varies);
 
thence southerly with said westerly right-of-way line, the following courses:
 
South 08º 15' 28" East, a distance of 229.52 feet to a point;
 
South 86º 46' 19" East, a distance of 2.94 feet to a point;
 
South 03º 15' 30" West, a distance of 185.71 feet to a point at the intersection of said westerly right-of-way line with the northerly right-of-way line of East Ninth Avenue (60 feet);
 
thence North 86º 46' 19" West, with said northerly right-of-way line, a distance of 139.85 feet to a point at an intersection of said northerly right-of-way line with said easterly right-of-way line;
 
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 420.89 feet to the True Point of Beginning, containing 1.583 acres, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  C-4, Commercial District.  
 
To:  CPD, Commercial Planned Development District.
 
 
SUBAREA E, PART 1:  ZONING DESCRIPTION OF A 1.436 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 1 through 6, inclusive, of Amos and Palmer's Subdivision as recorded in Plat Book 3, Page 50, being all of those Parcels numbered 21 through 30, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning at the intersection of the easterly right-of-way of Pearl Street (20 feet) with the southerly right-of-way line of East Eleventh Avenue (60 feet);
 
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 375.36 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way of the first alley east of Pearl Street;
 
thence South 03º 15' 30" West, with said westerly right-of-way line, a distance of 174.93 feet to a point at the intersection of said westerly right-of-way with the northerly right-of-way line of East Tenth Avenue (width varies);
 
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 339.65 feet to a point at the intersection of said northerly right-of-way line with said easterly right-of-way line;
 
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 178.88 feet to the True Point of Beginning, containing 1.436 acres, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  AR-4, Apartment Residential and P-2, Parking Districts.
 
To:  CPD, Commercial Planned Development District.
 
SUBAREA  E, PART 2:  ZONING DESCRIPTION OF A 0.254 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 7 and 8 of Amos and Palmer's Subdivision as recorded in Plat Book 3, Page 50, being all of that parcel as conveyed to Campus Partners for Community Urban Redevelopment of record in Instrument Number 200301160016527, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning, for reference, at the intersection of the easterly right-of-way line of the first alley east of Pearl Street with the southerly right-of-way line of East Eleventh Avenue (60 feet);
 
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 64.05 feet to a point;
 
thence South 03º 50' 45" West, leaving said southerly right-of-way line, a distance of 174.92 feet to a point in the northerly right-of-way line of East Tenth Avenue;
 
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 62.26 feet to a point at the intersection of said northerly right-of-way line with said easterly right-of-way line;
 
thence North 03º 15' 30" East, with said easterly right-of-way line, a distance of 174.93 feet to the True Point of Beginning, containing 0.254 acre, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  AR-4, Apartment Residential District.
 
To:  CPD, Commercial Planned Development District.
 
 
SUBAREA E, PART 3:  ZONING DESCRIPTION OF A 1.436 2.058 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 6 through 15, inclusive, of Josephine Walsh, Administratrix's Subdivision as recorded in Complete Record 52, Page 467, Probate Court, Franklin county, Ohio, and Lots 9, 10, 11, 17, 18 and 19, of Kelly, Fink, Dundon, and Bergin's Subdivision as recorded in Plat Book 4, page 207, being all of that Parcel 31, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all
 
references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
 
Beginning at the intersection of the easterly right-of-way of Pearl Street (20 feet) with the northerly right-of-way line of East Ninth Avenue (60 feet);
 
thence North 03º 15' 30" East, with said easterly right-of-way line, a distance of 204.99 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of East Tenth Avenue (width vries varies);
 
thence easterly with said southerly right-of-way line, the following courses;
South 86º 10' 28" East, a distance of 257.76 feet to a point;
 
North 03º 15' 30" East, a distance of 10.00 feet to a point;
 
South 86º 10' 28" East, a distance of 391.83 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of an alley;
 
thence South 03º 15' 30" West, with said westerly right-of-way line, a distance of 26.61 feet to a point at the intersection of said westerly right-of-way line with the northerly right-of-way line to an alley;
 
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 219.79 feet to a point;
 
thence South 03º 15' 30" West, leaving said northerly right-of-way line, a distance of 89.86 feet to a point;
 
thence North 86º 10' 28" West a distance of 53.86 feet to a point;
 
thence South 02º 53' 38" West, a distance of 94.60 feet to a point in the northerly right-of-way line of East Ninth Avenue (60 feet);
 
thence North 86º 46' 19" West, with said northerly right-of-way line, a distance of 376.52 feet to athe the true Point of Beginning, containing 20.58  2.058 acres, more or less.
 
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of High Street.
 
This description is for zoning purposes only and not to be used for property transfer.
 
To Rezone From:  R-4, Residential, C-4, Commercial, and P-2, Parking Districts.
 
To:  CPD, Commercial Planned Development District.
 
Section 2.  That a Height District of One-Hundred and Ten (110) feet is hereby established on Subareas A, B, C, D and E of the CPD, Commercial Planned Development District on this property.
 
 
Section 3.  That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plan being titled, "CPD PLAN," signed by Jeffrey L. Brown, Attorney for the Applicant and dated April 30, 2003, and text titled, "COMMERCIAL PLANNED DEVELOPMENT TEXT ," signed by Jeffrey L. Brown, Attorney for the Applicant and dated June 30, 2003, and the text reading as follows:
 
COMMERCIAL PLANNED DEVELOPMENT TEXT
 
PROPOSED DISTRICT:  CPD, Commercial Planned Development
 
PROPERTY ADDRESS:  1552 North High Street
 
OWNER:  Gateway Area Revitalization Initiative and Campus Partners for Community Urban Development
 
APPLICANT:  Gateway Area Revitalization Initiative
 
DATE OF TEXT:  4/30/03
 
APPLICATION NUMBER:  Z03-004
 
1.  INTRODUCTION: The University Gateway Center is a proposed collection of buildings and other improvements on three blocks adjacent to the southeastern corner of The Ohio State University.  The redevelopment is being undertaken in cooperation/partnership with the City of Columbus as the signature project to spearhead the revitalization of the surrounding neighborhoods.  Emerging directly from the city's planning efforts and principles embodied in A Plan for High Street: Creating A 21st Century Main Street, the buildings total up to approximately 600,000 square feet of new urban, mixed-use development and are complemented by a 900 minimum space parking garage.  The Plan and its companion document, University/High Street Development and Design Guidelines will provide guidance for both the project developer and the architectural review process administered by the University Area Review Board.  These efforts, accompanied by a series of city-funded enhancements to the public realm will help assure that the project represents the appropriate urban, pedestrian-oriented character and exceptional urban design.    
 
2.  PERMITTED USES:
 
A.  The proposed redevelopment site will consist of five subarea.  Subarea A is on the west side of High Street between 10th Avenue and 11th Avenue; Subarea B is located on the east side of High Street between 11th Avenue and Chittenden Avenue; Subarea C is on the east side of High Street between 11th Avenue and 10th Avenue; Subarea D is on the east side of High Street between 10th Avenue and 9th Avenue; and Subarea E is on the east side of the proposed relocated Pearl Street between 11th Avenue and 9th Avenue.
 
B.  The proposed development will include up to 600,000 square feet of building floor area, plus parking and a series of surface improvements.  Retail, service, food and entertainment uses will occupy up to 275,000 square feet of building area; office uses will occupy up to 100,000 square feet area; and residential uses shall occupy up to 225,000 square feet of building area, and shall not include more than 225 dwelling units.
 
C.  Those uses permitted in Section 3356.03, C-4 permitted Uses, of the Columbus City Code and first floor dwelling units, residential dwelling units above first floor dwelling units, and dwelling units above Bowling Centers, Performing Arts, Spectator Sports, and Related Industries, Theaters, Dance Companies and Dinner Theaters, as permitted by council variance.  Non-auto-oriented carry-out and fast food uses are permitted.  The following uses are excluded from the subject property:
 
Automobile sales (new and used)
Billboard (unless approved as part of a graphics plan)
Book bindery
Bus or truck terminal
Car lot
Ice house
Stable
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated in the written text or the submitted site plan the applicable development standards are contained in Chapter 3356, Regional Scale Commercial Development, of the Columbus City Code.
 
A.  Density, Height, Lot and/or Setback commitments:
 
1.  The building, parking and maneuvering setbacks from High Street, 9th Avenue, 10th Avenue, 11th Avenue, Chittenden Avenue and any alley shall be from 0 to 15 feet except for any area within 50 feet of the intersection(s) of High Street and any public street where said setbacks shall be 0 to 35 feet.  No off-street parking shall front directly onto High Street.
 
2.  The maximum building height for subareas A and C shall be 80 feet, and for subareas B and D shall be 65 feet.  Roof top mechanical equipment and its associated screening, parapet walls, elevator penthouses and similar customary roof top
equipment will not be considered in the determination of building heights.  Specialized or distinctive architectural elements, as approved by the University Area Review Board, shall not be subject to these height limitations.  Buildings in subarea E shall have a maximum height of 50 feet, with the height of parking structures measured from grade to the parking surface of the top level of the parking deck.
 
B.  Access, Loading, Parking and/or other Traffic related commitments:
 
1.  There shall be no required on-site parking for the five subareas; but parking for the five subareas shall be provided in Subarea E in a multi-story parking garage, which shall have a minimum of 900 parking spaces.
 
2.  There shall be no parking required for outdoor dining/entertainment areas.
 
3.  Subareas A thru D shall have at least two loading spaces per subarea.  (Minimum dimensions 12 feet x 35 feet.)
 
4.  Due to financing, ownership and real estate tax reasons the individual subareas may be divided into separate tax parcels without parking and/or loading spaces and without frontage on a public street.
 
5.  The following traffic improvements shall be constructed as part of this overall development:
 
a.  High Street will be widened from 9th Avenue to just north of Chittenden Avenue.  Areas for dedicated on-street parking will be provided along the east and west sides of High Street subject to final design approval by the City of Columbus Division of Transportation.
 
b.  Signalization, if warranted, will be added at East 9th Avenue and High Street with a left turn lane from southbound High Street.
 
c.  East 9th Avenue will be widened from High Street east with a third lane which will provide a left turn lane into the proposed parking garage and for a west bound left turn at the intersection of High Street.
 
d.  Signalization at West 10th Avenue and High Street will be replaced with new.
 
e.  East 11th Avenue will be converted to two-way traffic and have existing signalization replaced with new.
 
f.  A left turn lane will be added from northbound High Street to West 11th Avenue.
 
g.  Chittenden Avenue will be converted to two-way traffic and have existing signalization replaced with new.
 
h.  A left turn lane will be provided on southbound High Street to Chittenden Avenue.
 
i.  The design of any traffic improvement or access point shall be subject to the review and approval of the City's Division of Transportation.
 
j.  The sidewalk along High Street shall be widened to provide a width ranging from 12 to 22 feet on each side of High Street.
 
6.  Due to the mixed nature of the proposed development it would be impossible to have each use on its own tax parcel with all its required parking and loading spaces.  In addition, the significant mix of  proposed uses within the project and their associated highly variable demand characteristics make it appropriate to consider the effect of a shared parking analysis on determining the required number of parking spaces.  A mixed-use parking analysis was performed as part of the traffic improvement study and established the project's projected peak hour demand of 900 spaces.  For the purpose of establishing the project's parking requirements the following parking ratios have been established:
 
a.  Retail (includes restaurants and cafes); 3 spaces per 1,000 sq. ft.
 
b.  Entertainment (includes movie theater, comedy club, dance club, etc.); 3 spaces per 1,000 sq. ft.                                             
 
c.  Office; 1.5 spaces per 1,000 sq. ft.
 
d.  Dwelling Units; 1.5 spaces per dwelling unit
 
e.  New on-street parking spaces provided as a result of the public improvements being provided in association with the project shall be credited as part of the project's required parking.
 
7.  If the applicant wishes to provide fewer parking spaces than calculated by the above method, then the applicant shall prepare a shared parking analysis for the proposed project pursuant to the requirements of the Division of Transportation.  This analysis shall provide a minimum parking requirement of one (1) space for each residential unit included within the project.  The Division of Transportation shall review this shared parking analysis and if the division approves the study, then the applicant shall provide the number of parking spaces shown in the study.  If the Division does not approve the study, then the applicant may file a variance request with the Board of Zoning Adjustment.
 
C.  Buffering, Landscaping, Open Space and/or Screening commitments:
 
1.  An entry feature, which may include hardscape, plant material or a combination thereof, shall be created on both the northeast and southeast corners of the intersection of High Street and 11th Avenue.
 
2.  A landscaped pedestrian corridor, which may include hardscape, plant material and combination thereof, shall be created between Subareas C and D between High Street and Pearl Street.
 
3.  There shall be no tree requirement for the parking spaces contained in the parking garage in Subarea E.  
 
4.  A landscape buffer shall be installed along the east side of the parking garage on Subarea E.
 
5.  Unless otherwise specified, minimum size of trees at installation shall be 3-inch caliper for deciduous trees, 5 feet in height for evergreen trees and 2 1/2-inch caliper for ornamental trees.
 
6.  All trees shall be well maintained.  Dead items, weather permitting, shall be replaced within six months or the next available planting season, whichever occurs first.
 
D.  Building Design and/or Interior-Exterior Treatment commitments:
 
1.  Public Realm:  The public realm will include large street trees, artiulated sidewalks, spaces fo outdoor cafes, and attractive three-dimensional awnings and signage.  University Way will provide a pedestrian connection from the parking garage to High Street and become a popular community oriented destination for shopping, dining, evening entertainment, and informal social meeting and gathering.  
 
2.  Building Style:  The buildings will be contemporary, using flat planes and taut building wrappers to create simple juxtaposing volumes that provide efficient, flexible plans appropriate to their respective uses.  The retail base of each building will be highly transparent, allowing the energy and light of the stores to spill out and activate the streets.  The upper stories will be articulated to reference the best architecture of the adjacent Short North while retaining a contemporary authenticity.  
 
3.  Building Materials:  Each building will draw on a material palette comprised of varied colors of brick, cast stone, glass (particularly at street-level), exposed metal, and materials of similar quality.
 
4.  Orientations / Massing of Structures:  All buildings will be oriented to create strong, defined street walls to activate the public realm.  A collection of five buildings on three blocks will have similar urban and architectural characteristics.  They will have flat or gently pitched roofs and openings of vertical proportions.  The overall scale of each building will be broken down to be compatible with the buildings to the south in the Short North.  The buildings are contemplated to be straightforward in their construction and articulation.
 
a.  Buildings in Subareas A and B will have three or four stories of apartments above a
 
tall one-story retail base.  
 
b.  Buildings in Subareas C and D will have one or two stories of retail and entertainment uses; and, in the case of Subarea C, will have an additional three stories of office space above.
 
c.  Buildings in Subarea E will include three-story residential buildings that line the 9th Avenue and 11th Avenue edges of a five level parking structure; and thereby, mitigating undesirable views of and into the garage.
 
5.  No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure, except for outside dining and entertainment areas.
 
6.  Mechanical equipment or other utility hardware on the roof of a building shall be screened from off-site street level view.  Where appropriate, air-handling units may provide part of the required screening.  Mechanical and all other equipment on the ground shall be fully screened from off-site street level view to the height of the equipment by a wall, fence or landscape material.
 
E.  Dumpsters, Lighting, Outdoor Display Areas and/or other Environmental commitments:
 
1.  Outdoor lighting shall be cut-off fixtures (down lighting) unless another proposed lighting design is approved by the University Area Review Board.
 
2.  Light poles in the parking lots shall not exceed 18 feet in height.
 
F.  Graphics and Signage commitments:
 
1.  The developer shall submit a master graphics plan for all five subareas or proceed with a separate graphics plan for each subarea.
 
2.  Graphic standards, except as modified by the graphics plan, shall apply as they pertain to a C-4, Commercial District.
 
G.  Miscellaneous commitments:
 
1.  Natural Environment:  The site is located on both the east and west side of a major arterial and occupied by a variety of buildings.
 
2.  Existing Land Uses:  A combination of commercial, residential and university uses surround the site.
 
3.  Transportation and Circulation:  The existing street system shall provide access to the proposed development as described in Section 3B.
 
4.  Views and Visibility:  See Section D.
 
5.  Visual Form of the Environment:  See Section D.
 
6.  Proposed Development:  Mixed use of commercial, office, entertainment, parking and residential uses.
 
7.  Emission:  No adverse affects shall result from the proposed development.
 
8.  Behavior Patterns:  Other than as proposed herein, the proposed development shall make use of the existing pedestrian and vehicular patterns for the area.
 
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.