Explanation
APPLICANT: Boomer Landco LLC; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on December 12, 2002.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposal is consistent with the zoning and development trends along Warner Road. The requested CPD, Commercial Planned Development District would permit carefully controlled commercial development in compliance with the land use recommendations of the Rocky Fork/Blacklick Accord (1997). The submitted CPD text and site plan provide appropriate use restrictions and development standards including lighting, landscaping, buffering, building design and materials and pedestrian circulation.
Title
To rezone 5240 WARNER ROAD (43081), being 11.89± acres located on the north side of Warner Road, 3300± feet west of Harlem Road; From: R, Rural District, To: CPD, Commercial Planned Development District. (Rezoning # Z02-042) (AMENDED BY ORDINANCE 1654-2011 PASSED 11/07/2011)
Body
WHEREAS, application #Z02-042 is on file with the Building Services Division of the Department of Development requesting rezoning of 11.89± acres from R, Rural District to CPD, Commercial Planned Development District;
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposal is consistent with the zoning and development trends along Warner Road. The requested CPD, Commercial Planned Development District would permit carefully controlled commercial development in compliance with the land use recommendations of the Rocky Fork/Blacklick Accord (1997). The submitted CPD text and site plan provide appropriate use restrictions and development standards including lighting, landscaping, buffering, building design and materials and pedestrian circulation, 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:
5331 WARNER ROAD (43081), being 11.89± acres located on the south side of Warner Road, 2900' feet west of Harlem Road and being more particularly described as follows:
1.250 Acres
Rezoning (Sub Area "A")
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 0.521 acres out of a 2.056 acre tract and being 0.729 acres out of a 4.143 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Numbers 200006260125715 and 200006260125716, respectively (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#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 (F.C.G.S.#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 7521C14;
Thence, continuing with the centerline of said Warner Road and the southerly line of said 2.0602 acre tract, South 86°17'30" East, a distance of 170.00 feet to a point at the southeasterly corner of said 2.0602 acre tract;
Thence, with the easterly line of said 2.0602 acre tract and the westerly line of said 2.063 acre tract, North 03°14'32" East, a distance of 40.00 feet to a point on the northerly right of way line of said Warner Road and a point on the westerly line of a 2.063 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Number 200008100161163;
Thence with the northerly right of way line of said Warner Road, South 86°17'30" East, a distance of 238.34 feet to a point and being the true point of beginning of the herein described tract;
Thence, through said 2.056 acre tract, North 03°42'30" East, a distance of 225.00 feet to a point;
Thence, through said 2.056 acre tract and said 4.143 acre tract, South 86°17'30" East, a distance of 244.98 feet to the westerly right of way line of Hamilton Road (100.00 feet wide as recorded in Plat Book 100, Page 3;
Thence with the westerly right of way line of said Hamilton Road, and also with a curve to the left having a radius of 6050.00 feet, a central angle of 01°53'40", a chord bearing of South 04°41'40" West, and a chord distance of 200.04 feet to a point;
Thence with the westerly right of way line of said Hamilton Road, and also with a curve to the right having a radius of 25.00 feet, a central angle of 89°57'40", a chord bearing of South 48°43'40" West, and a chord distance of 35.34 feet to a point on the northerly right of way line of said Warner Road;
Thence with the northerly right of way line of said Warner Road, North 86°17'30" West, a distance of 216.54 feet to the true point of beginning and containing 1.250 acres, more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
4.228 Acres
Rezoning (Sub Area "B")
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 1.908 acres out of a 2.063 acre tract, and being 1.390 acres out of 2.056 acre tract, and being 0.930 acres out of a 4.143 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Numbers 200008100161163, 200006260125715, and 200006260125716, respectively (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#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 (F.C.G.S.#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 7521C14;
Thence, with the centerline of said Warner Road and the southerly line of said 2.0602 acre tract, South 86°17'30" East, a distance of 170.00 feet to a point at the southeasterly corner of said 2.0602 acre tract and the southwesterly corner of said 2.063 acre tract;
Thence, with the easterly line of said 2.0602 acre tract North 03°14'32" East, a distance of 40.00 feet to a point on the northerly right of way line of said Warner Road, and being the true point of beginning of the herein described tract;
Thence, continuing with the easterly line of said 2.0602 acre tract and the westerly line of said 2.063 acre tract, North 03°14'32" East, a distance of 488.34 feet to a point at the northeasterly corner of said 2.0602 acre tract and the northwesterly corner of said 2.063 acre tract, and being on the southerly line of an original 124.448 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103I08;
Thence, with the southerly line of said original 124.448 acre tract and the northerly line of said 2.063 acre tract, said 2.056 acre tract, and said 4.143 acre tract, South 86°34'29" East, a distance of 502.14 feet to a point on the northerly line of said 4.143 acre tract at the westerly right of way line of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence, through said 4.143 acre tract and with the westerly right of way of said Hamilton Road, and also with a curve to the left having a radius of 6050.00 feet, a central angle of 02°13'17", a chord bearing of South 06°54'09" West, and a chord distance of 266.22 feet to a point;
Thence, through said 4.143 acre tract and said 2.056 acre tract, North 86°17'30" West, a distance of 244.98 feet to a point;
Thence, through said 2.056 acre tract, South 03°42'30" West, a distance of 225.00 feet to the northerly right of way line of said Warner Road;
Thence with the northerly right of way line of said Warner Road, North 86°17'30" West, a distance of 238.34 feet to the true point of beginning and containing 4.228 acres, more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
1.950 Acres
Rezoning (Sub Area "C")
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 1.008 acres out of a 5.408 acre tract and 0.942 acres out of a 4.143 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Numbers 200011020222565 and 200006260125716, respectively (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#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 (F.C.G.S.#1207) monument found;
Thence, continuing with the centerline of said Warner Road, South 86°17'30" East, a distance of 1009.55 feet to a point;
Thence, North 03°42'30" East, a distance of 40.00 feet to a point on the northerly right of way line of said Warner Road and the southerly line of said 5.408 acre tract, and being the true point of beginning of the herein described tract;
Thence with the northerly right of way line of said Warner Road, North 86°17'30" West, a distance of 235.00 feet to a point on the northerly right of way line of said Warner Road;
Thence with the northerly right of way line of said Warner Road, and also with a curve to the right having a radius of 25.00 feet, a central angle of 90°02'23", a chord bearing of North 41°16'18" West, and a chord distance of 35.37 feet to a point on the easterly right of way line of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3;
Thence, continuing through said 4.143 acre tract and with the easterly right of way line of said Hamilton Road, and also with a curve to the right having a radius of 5950.00 feet, a central angle of 03°59'33", a chord bearing of North 05°44'40" East, and a chord distance of 414.52 feet to a point;
Thence, through said 4.143 acre tract and said 5.408 acre tract, the following seven (7) courses;
1) South 86°34'29" East, a distance of 95.06 feet to a point of curvature;
2) With a curve southeasterly and to the right having a radius of 55.00 feet, a central angle of 85°45'28", a chord bearing of South 43°41'45" East, and a chord distance of 74.85 feet to a point;
3) South 00°49'01" East, a distance of 139.51 feet to a point of curvature;
4) With a curve southeasterly and to the left having a radius of 200.00 feet, a central angle of 27°13'29", a chord bearing of South 14°25'46" East, and a chord distance of 94.14 feet to a point;
5) South 28°02'30" East, a distance of 50.81 feet to a point of curvature;
6) With a curve southeasterly and to the right having a radius of 187.50 feet, a central angle of 31°45'00", a chord bearing of South 12°10'00" East, and a chord distance of 102.58 feet to a point;
7) South 03°42'30" West, a distance of 18.68 feet to a point on the northerly right of way line of said Warner Road;
Thence North 86°17'30" West with the northerly right of way line of said Warner Road, a distance of 235.00 feet to the true point of beginning and containing 1.950 acres more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
4.467 Acres
Rezoning (Sub Area "D")
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 4.372 acres out of a 5.408 acre tract and 0.095 acres out of a 4.143 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Numbers 200011020222565 and 200006260125716, respectively (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#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 (F.C.G.S.#1207) monument found;
Thence, continuing with the centerline of said Warner Road, South 86°17'30" East, a distance of 1009.55 feet to a point;
Thence, North 03°42'30" East, a distance of 40.00 feet to a point on the northerly right of way of said Warner Road and the southerly line of said 5.408 acre tract, and being the true point of beginning of the herein described tract;
Thence, through said 5.408 acre tract and through said 4.143 acre tract, the following seven (7) courses;
1) North 03°42'30" East, a distance of 18.68 feet to a point of curvature;
2) With a curve northwesterly and to the left having a radius of 187.50 feet, a central angle of 31°45'00", a chord bearing of North 12°10'00", and a chord distance of 102.58 feet to a point;
3) North 28°02'30" West, a distance of 50.81 feet to a point of curvature;
4) With a curve northwesterly and to the right having a radius of 200.00 feet, a central angle of 27°13'29", a chord bearing of North 14°25'46" West, and a chord distance of 94.14 feet to a point;
5) North 00°49'01" West, a distance of 139.51 feet to a point of curvature;
6) With a curve northwesterly and to the right having a radius of 55.00 feet, a central angle of 85°45'28", a chord bearing of North 43°41'45" West, and a chord distance of 74.85 feet to a point;
7) North 86°34'29" West, a distance of 95.06 feet to a point on the easterly line of Hamilton Road (100.00 feet wide) as recorded in Plat Book 100, Page 3 and being a point on a curve;
Thence with the easterly right of way line of said Hamilton Road with a curve northeasterly and to the right having a radius of 5950.00 feet, a central angle of 00°30'08", a chord bearing of North 07°59'30" East, and a chord distance of 52.17 feet to a point on the southerly line of a 124.488 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103I08 and also being a point on the northerly line of said 4.143 acre tract;
Thence South 86°34'29" East with the southerly line of said original 124.448 acre tract and the northerly line of said 4.143 acre tract and said 5.408 acre tract, a distance of 496.02 feet to a point at the northeasterly corner of said 5.408 acre tract and the northwesterly corner of a 3.6972 acre tract as conveyed to Mary A. Metzger of record in Official Record Volume 2661B18;
Thence South 10°15'17" East with the easterly line of said 5.408 acre tract and the westerly line of said 3.6972 acre tract, a distance of 498.48 feet to a point on the northerly right of way line of said Warner Road at the southeasterly corner of said 5.408 acre tract and the southwesterly corner of said 3.6972 acre tract;
Thence North 86°17'30" West with the northerly right of way line of said Warner Road, a distance of 117.37 feet to a point;
Thence South 03°42'30" West continuing with the northerly right of way line of said Warner Road, a distance of 10.00 feet to a point;
Thence North 86°17'30" West continuing with the northerly right of way line of said Warner Road, a distance of 257.54 feet to the true point of beginning and containing 4.467 acres, more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
2.607 Acres
Open Space
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 2.607 acres out of a 5.408 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Number 200011020222565 (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
Thence South 86°27'43" East with the centerline of said Warner Road, a distance of 2625.69 feet to a Franklin County Geodetic Survey (F.C.G.S.#1207) monument found;
Thence South 86°17'30" East continuing with the centerline of said Warner Road, a distance of 1267.10 feet to a point;
Thence, North 03°42'30" East, a distance of 50.00 feet to a point on the northerly right of way line of said Warner Road and the southerly line of said 5.408 acre tract and being the true point of beginning of the herein described tract;
Thence, through said 5.408 acre tract, the following twenty-three (23) courses:
1) North 74°49'44" West, a distance of 28.35 to a point;
2) North 62°00'10" West, a distance of 26.84 feet to a point;
3) North 12°42'49" West, a distance of 16.81 feet to a point;
4) North 11°18'36" East, a distance of 16.83 feet to a point;
5) North 01°02'30" East, a distance of 93.52 feet to a point;
6) North 12°35'04" West, a distance of 33.50 feet to a point;
7) North 20°30'39" West, a distance of 29.68 feet to a point;
8) North 46°44'09" West, a distance of 16.34 feet to a point;
9) North 54°44'16" West, a distance of 55.60 feet to a point;
10) North 41°31'54" West, a distance of 28.05 feet to a point;
11) North 50°33'58" West, a distance of 51.88 feet to a point;
12) North 47°44'13" West, a distance of 32.34 feet to a point;
13) North 69°32'37" West, a distance of 13.45 feet to a point;
14) South 89°07'31" West, a distance of 13.10 feet to a point;
15) South 67°06'50" West, a distance of 26.48 feet to a point;
16) South 40°03'09" West, a distance of 23.78 feet to a point;
17) South 62°18'52" West, a distance of 18.29 feet to a point;
18) North 84°32'23" West, a distance of 13.66 feet to a point;
19) North 32°16'32" West, a distance of 13.48 feet to a point;
20) North 01°38'19" West, a distance of 19.31 feet to a point;
21) North 06°09'39" East, a distance of 124.42 feet to a point;
22) North 12°23'07" East, a distance of 30.31 feet to a point;
23) North 55°47'03" East, a distance of 38.07 feet to a point on the southerly line of an original 124.448 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103I08;
Thence, with the southerly line of said original 124.448 acre tract and the northerly line of said 5.408 acre tract, South 86°34'29" East, a distance of 287.88 feet to a point at the northeasterly corner of said 5.408 acre tract and the northwesterly corner of a 3.6972 acre tract as conveyed to Mary A. Metzger of record in Official Record Volume 2661B18;
Thence South 10°15'17" East with the easterly line of said 5.408 acre tract and the westerly line of said 3.6972 acre tract, a distance of 498.48 feet to a point on the northerly right of way of said Warner Road at the southeasterly corner of said 5.408 acre tract and the southwesterly corner of said 3.6972 acre tract;
Thence with said right of way line North 86°17'30" West, a distance of 117.37 feet to the true point of beginning and containing 2.607 acres, more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
2.002 Acres
Scenic Conservation Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military Lands, and being 2.002 acres out of a 5.408 acre tract as conveyed to Boomer Landco, LLC of record in Instrument Number 200011020222565 (all records being of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning for reference at a Franklin County Geodetic Survey (F.C.G.S.#6611) monument found at the intersection of the centerline of Warner Road and the line between Blendon Township and Plain Township;
Thence South 86°27'43" East with the centerline of said Warner Road, a distance of 2625.69 feet to a Franklin County Geodetic Survey (F.C.G.S.#1207) monument found;
Thence South 86°17'30" East continuing with the centerline of said Warner Road, a distance of 1267.10 feet to a point;
Thence, North 03°42'30" East, a distance of 40.00 feet to a point on the northerly right of way line of said Warner Road and the southerly line of said 5.408 acre tract and being the true point of beginning of the herein described tract;
Thence North 86°17'30" West with the southerly line said 5.408 acre tract and the northerly right of way line of said Warner Road, a distance of 41.05 feet to a point;
Thence, through said 5.408 acre tract, the following twelve (12) courses:
24) North 03°22'36" East, a distance of 101.47 to a point;
25) North 00°11'16" East, a distance of 45.82 feet to a point;
26) North 05°48'47" West, a distance of 42.12 feet to a point;
27) North 27°33'45" West, a distance of 29.36 feet to a point;
28) North 36°46'44rdblquote West, a distance of 39.42 feet to a point;
29) North 54°41'42" West, a distance of 32.45 feet to a point;
30) North 48°17'30" West, a distance of 52.24 feet to a point;
31) North 36°00'48" West, a distance of 32.94 feet to a point;
32) North 24°44'39" West, a distance of 48.54 feeto point;
33) North 08°54'02" East, a distance of 22.95 feet to a point;
34) North 10°15'20" West, a distance of 82.37 feet to a point;
35) North 00°37'31" East, a distance of 26.33 feet to a point on the southerly line of an original 124.448 acre tract as conveyed to Cardinal Title Holding Company of record in Official Record Volume 28103I08;
Thence, with the southerly line of said original 124.448 acre tract and the northerly line of said 5.408 acre tract, South 86°34'29" East, a distance of 228.65 feet to a point at the northeasterly corner of said 5.408 acre tract and the northwesterly corner of a 3.6972 acre tract as conveyed to Mary A. Metzger of record in Official Record Volume 2661B18;
Thence South 10°15'17" East with the easterly line of said 5.408 acre tract and the westerly line of said 3.6972 acre tract, a distance of 498.48 feet to a point on the northerly right of way of said Warner Road at the southeasterly corner of said 5.408 acre tract and the southwesterly corner of said 3.6972 acre tract;
Thence with the northerly right of way line of said Warner Road, the following two (2) courses;
1) North 86°17'30" West, a distance of 117.37 feet to a point;
2) South 03°42'30" West, a distance of 10.00 feet to the true point of beginning and containing 2.003 acres, more or less.
This description was prepared by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing is South 86°17'30" East for the centerline of said Warner Road and is based on The Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
To Rezone From: R, Rural Districts,
To: CPD, Commercial Planned Development District.
Section 2. That a Height District of Thirty-five (35) feet is hereby established on 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 District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said text being titled, " DEVELOPMENT TEXT CPD, COMMERCIAL PLANNED DEVELOPMENT 11.89± ACRES," and said plan being titled "WARNER ROAD DEVELOPMENT: ZONING SUB-AREA PLAN" both signed by Donald Plank, Attorney for the Applicant, dated June 6, 2003, and reading as follows:
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
11.89 ± ACRES
EXISTING DISTRICTS:
R, Rural
PROPOSED DISTRICTS:
CPD, Commercial Planned Development
PROPERTY ADDRESS:
5240 Warner Road, Columbus, OH 43081
OWNER:
Boomer Landco LLC c/o Donald Plank, Esq., Shuler Plank & Brahm, 145 East Rich
Street, Columbus, OH 43215
APPLICANT:
Boomer Landco LLC c/o Donald Plank, Esq., Shuler Plank & Brahm, 145 East Rich
Street, Columbus, OH 43215
DATE OF TEXT:
June 6, 2003
APPLICATION NUMBER:
Z02-042
INTRODUCTION:
The subject property consists of 11.9± acres generally located at the northeast and northwest quadrants of Warner Road and Hamilton Road. Applicant proposes to rezone the property to create four (4) Sub-Areas. All four (4) sub-areas are proposed to be rezoned to CPD for commercial use. All of the property was commercially zoned in Plain Township. This rezoning application is being submitted to establish comparable commercial zoning in the City of Columbus and to reflect the recommendations of the Rocky Fork-Blacklick Accord for commercial zoning and development of the site.
Hamilton Road is under construction and is being extended north from its current terminus at the Hamilton Road/New Albany Expressway interchange 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 a gateway to the planning area and the extension of Hamilton Road is a key component to both the gateway concept of the interchange and to the arterial road system within the Accord. A goal of the Accord is to create and implement an arterial road system that provides for the efficient and effective movement of vehicles through the Accord area while reducing vehicular impact on sub-arterial roads to preserve rural roadways. The Accord implementation strategies, Accord land use plan, general planning principles associated with the location of more intense uses on arterials and at major entrance points and existing and anticipated Plain Township and City of Columbus zoning at the intersection of extended Hamilton Road and Warner Road all support applicant's proposal.
The location of Sub-Areas A, B, C and D is depicted on the plan titled "Warner Road Development: Zoning Subarea Plan" dated January 2, 2003, signed June 6, 2003 by Donald Plank, Attorney for Applicant, and said plan is hereby incorporated by reference. Sub-Area A is 1.25± acres located at the northwest corner of Warner Road and Hamilton Road. Sub-Area A is proposed to be rezoned to CPD to permit a convenience store with motor vehicle fuel sales, a car wash and commercial uses. Sub-Area B is 4.23± acres generally located north and west of Sub-Area A and will have frontage on both Warner Road and Hamilton Road. Sub-Area B is proposed to be rezoned to CPD for office, retail and restaurant commercial uses. Sub-Area C is 1.95+ acres located at the northeast corner of Warner Road and Hamilton Road. Sub-Area C is proposed to be rezoned to CPD for office, retail and restaurant commercial uses. Sub-Area D is 4.46+ acres generally located north and east of Sub-Area C. Sub-Area D will have frontage on both Warner Road and Hamilton Road and is proposed to be rezoned to CPD for office commercial uses. All sub-area acreage is net of right of way for dedication of Hamilton and Warner Roads. All land use and sub-area plans submitted with this application reflect all required Hamilton Road and Warner Road right of way dedication.SUBAREA A
CPD, COMMERCIAL PLANNED DEVELOPMNT DISTRICT (1.25± ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area A:
a. All uses of Section 3356.03, C-4 Permitted Uses, except the following:
Adult Book Store, Adult Motion Picture Theater, Adults Only Entertainment
Animal kennels
Armory
Billboards
Cabaret
Drive-in theater
Electric substation
Garage Repair Shop
Ice House
Massage parlor
Motor bus terminal
Off-Premise Graphics, other than as permitted by the Graphics Commission
Plumbing Shop
Poultry (killing and dressing for sale at retail on the premises)
Private club
Stables
Testing and Experimental Laboratory
Tinsmith
Tire Repair Shop
b) A convenience store with motor vehicle fuel sales, which use may also include a car wash.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable
development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building/Canopy Setback: The minimum setback on Hamilton Road and Warner Road shall be 25 feet.
2. Parking Setback: The minimum parking and pavement setback, other than driveways from curbcuts, on Hamilton Road and Warner Road shall be 10 feet.
3. Sub-Area A shall be designated a H-35 Height District.
4.Lot coverage for all building and pavement for the total area of Sub-Areas A and B combined shall not exceed 75%.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curbcuts shall be approved by the City of Columbus Division of Transportation. The Division of Transportation has approved one (1) right in/right out curb cut on Hamilton Road and a right-in curbcut on Warner Road, subject to final design review.
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 and Vehicular Circulation Design:
a. To provide the most efficient design and layout of parking, aisles, driveways and vehicular circulation areas and to minimize unnecessary paving, parking spaces, aisles, driveways and vehicular circulation areas may be designed without regard to property lines internal to Sub-Area A and B or the Sub-Area line between Sub-Area A and Sub-Area B. Cross 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 A and B and shall be provided within the overall area of Sub-Areas A and B without regard to internal property lines or sub-area boundaries. The sub-area lines represented by the boundaries of Sub-Areas A and B may be property lines in the future and other property lines may exist within Sub-Areas A and/or B without regard for parking, maneuvering and aisle width within each parcel that may exist in the future, subject to the overall area of Sub-Areas A and B being compliant with parking, maneuvering and aisle requirements for the uses developed on Sub-Areas A and B. 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.
4. Code required parking may be reduced with the administrative approval of the Division of Transportation upon submission of appropriate and applicable data regarding shared parking or other demonstration of parking needs being less than calculated code required parking.
5. There shall be no required parking for seasonal outside seating areas.
6. No more than 3 stacking spaces shall be required for the car wash.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The parking setback areas of both Hamilton and Warner Roads 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 simulate natural hedgerows. These trees are in addition to the street trees required in #2 - below.
2. A street tree row shall be established along Hamilton and Warner Roads. The street tree row shall contain one (1) tree for every 30 feet of lineal frontage. Such trees shall be those specified in the Columbus Street Tree Program guidelines from the City Forester. The trees shall be approximately evenly spaced and planted in the right of way, subject to approval of applicable city agencies.
3. All parking areas adjacent to the proposed Hamilton Road extension and Warner 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 curbcuts or at the Hamilton Road/Warner Road intersection 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 coverage by buildings 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 and Hamilton and Warner Road parking setback tree planting shall not be counted to off-set 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 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 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" 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. 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 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 masonry building materials, such as brick, stone, EIFS, stucco, wood and/or comparable materials.
b. The columns of any canopy over motor vehicle fuel pumps shall be wrapped in the same masonry material as the primary masonry material used on the retail building in Sub-Area A, 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 level and quality of finish.
5. The primary roof of any building shall be pitched or sloped with a minimum slope of 6:12. The canopy over the 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 insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style
fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines within Sub-Area A 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. Canopy lighting over gasoline pump islands shall be recessed or shielded to control glare and off-site light.
8.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 on-premise ground mounted directional signs, if any.
G. Other CPD Requirements
1.Natural Environment: The natural environment of Sub-Area A is flat.
2. Existing Land Use: The property is presently undeveloped.
3. Circulation: Access to and from Sub-Area A will be from Hamilton Road and Warner Road with internal vehicular circulation between Sub-Area A and Sub-Area B, contiguous to the north and west.
4. Visual Form of the Environment: The area surrounding Sub-Area A is undeveloped in all directions.
5. Visibility: Sub-Area A fronts on existing Warner Road and will front on the future extended Hamilton Road.
6. Proposed Development: Commercial development consisting of a convenience store with gasoline sales and car wash is proposed, in addition to commercial uses as itemized.
7. Behavior Patterns: The site is located on existing Warner Road and will be located at the northwest 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 and also Warner Road. Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Area A and B.
8. Emissions: Development on Sub-Area A 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 Hamilton Road building setback is reduced from 60 feet to 25 feet. Curbcuts, 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 Division of Transportation. The requirement for Loading Spaces, as defined in the Zoning Code, is eliminated. Stack parking spaces for a car wash is reduced to 3 spaces.
H. Miscellaneous
1. Sidewalks along Hamilton Road and Warner Road shall be provided and shall be
located per the specifications and recommendations of the City of Columbus.
2. Bicycle parking will be provided.
SUB-AREA B
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (4.23+ ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area B:
All uses of Section 3356.03, C-4 Permitted Uses, except the following:
Adult Book Store, Adult Motion Picture Theater, Adults Only Entertainment
Animal kennels
Armory
Billboards
Cabaret
Drive-in theater
Electric substation
Garage Repair Shop
Ice House
Massage parlor
Motor bus terminal
Off-Premise Graphics, other than as permitted by the Graphics Commission
Plumbing Shop
Poultry (killing and dressing for sale at retail on the premises)
Private club
Stables
Testing and Experimental Laboratory
Tinsmith
Tire Repair Shop
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable
development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setback: The minimum building setback on Hamilton Road and Warner Road shall be 25 feet. There shall be a minimum building setback of 25 feet from the current north and west sub-area lines of Sub-Area B. If Sub-Area B is split into one or more parcels, there shall be no setback required from a property line internal to the current external, perimeter property lines.
2.Parking Setback: The minimum parking and pavement setback, other than driveways from curbcuts, shall be ten (10) feet on Hamilton Road and Warner Road. There shall be a minimum 25 foot parking/pavement setback from the current north property of Sub-Area B and a twenty (20) foot parking/pavement setback from the current west property line of Sub-Area B, as long as abutting property to the north and west, respectively, is zoned or used residentially. There will be no internal parking setback line from property lines created within and internal to Sub-Area B
3. Sub-Area B shall be designated a H-35 Height District.
4. Lot coverage for all building and pavement for the total area of Sub-Areas A and B combined shall not exceed 75%.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curbcuts shall be approved by the City of Columbus Division of Transportation. The Division of Transportation has approved one (1) full turning movement curb cut on both Hamilton Road and Warner Road and two (2) one (1) right-in curb cuts on Warner Road, subject to final design review. The right-in curbcut may also be a right-in/right-out curbcut with approval from the Division of Transportation.
The Sub-Area B Warner Road full turning movement curbcut will require an eastbound
left turn lane and applicable vehicle storage and lane taper. Forty (40) feet of right of way from centerline of Warner Road presently exists for all of the Warner Road frontage of Sub-Area B, in accordance with the Columbus Thoroughfare Plan. The west line of Sub-Area B is the present City of Columbus Corporation line. Construction of an eastbound left turn lane for Sub-Area B may require the dedication of Warner Road right of way west of Sub-Area B. Prior to the construction of the Sub-Area B eastbound left turn lane, developer shall provide applicable off-site Warner Road right of way for the construction of the left turn lane to City of Columbus standards. Unless and until applicable off-site Warner Road right of way is dedicated, turning movements from Warner Road for the Sub-area B full turning movement curbcut shall be limited to right-in, right-out and left out movements.
2. Driveway access points and aisles may be divided by property 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 are provided to insure the function of shared driveways and aisles.
3. Required Parking and Vehicular Circulation Design:
a. To provide the most efficient design and layout of parking, aisles, driveways and vehicular circulation areas and to minimize unnecessary paving, parking spaces, aisles, driveways and vehicular circulation areas may be designed without regard to property lines internal to Sub-Area A and B or the Sub-Area line between Sub-Area A and Sub-Area B. Cross 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 A and B and shall be provided within the overall area of Sub-Areas A and B without regard to internal property lines or sub-area boundaries. The sub-area lines represented by the boundaries of Sub-Areas A and B may be property lines in the future and other property lines may exist within Sub-Areas A and/or B without regard for parking, maneuvering and aisle width within each parcel that may exist in the future, subject to the overall area of Sub-Areas A and B being compliant with parking, maneuvering and aisle requirements for the uses developed on Sub-Areas A and B. 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 Division of Transportation upon submission of appropriate and applicable data regarding shared parking or other demonstration of parking needs being less than calculated code required parking.
c. There shall be no required parking for seasonal outside seating areas.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The Hamilton Road and Warner Road parking setback 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 simulate natural hedgerows. These trees are in addition to the street trees required in #2 - below.
2. A street tree row shall be established along Hamilton Road and Warner 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 in the right of way, subject to approval of applicable city agencies.
3. All parking areas adjacent to the proposed Hamilton Road extension and Warner 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 curbcuts 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 coverage by buildings 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 and Hamilton and Warner Road parking setback tree planting shall not be counted to off-set 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 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 - 6 feet. The minium size of shrubs shall be 2 gallon. Caliper shall be measured 6" 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.
9. Buffering between Sub-Area B and the residentially zoned property to the north of Sub-Area B shall consist of screening and/or planting within the north 25 foot parking and building setback. Buffering shall consist of a mound (3:1 slope) with a minimum height of 2 -3 feet with a 5 - 6 foot high 75% opaque fence located at the top of the mound and trees shall be planted in rows on both sides of the fence at the rate of 1 tree per 30 lineal feet with the two (2) rows being staggered or off-set to provide a tree at approximately every 15 feet on center. Alternatively, if a fence is not used or a shorter fence is preferred, tree planting in addition to the two (2) staggered rows shall be provided to provide the same 5 - 6 foot tall 75% opacity standard between Sub-Area B and residentially zoned property to the north. walking path between Sub-Area B and property to the north may be provided through the buffer area to allow pedestrian connection, if desired by the developer of Sub-Area B. Trees shall be a mixture of evergreen and deciduous trees The north parking setback/buffering requirement shall only be applicable for such time as property to the north is zoned or used residentially.
10. The property abutting Sub-Area B to the west is presently in Plain Township, zoned LC, Local Commercial, but developed with a single family dwelling. Buffering shall be provided along the west line of Sub-Area B as long as the property (Tax District/Parcel 220-001221) is zoned or used residentially. Buffering shall consist of the following and the following shall be placed prior to or upon commencement of any building within 250 feet of the west line of Sub-Area B: Buffering within the 20 foot pavement setback shall consist of a six (6) foot high opaque (90% or greater) privacy fence and plant material. The fence shall extend along the entire west line of Sub-Area B to a point 50 feet from the right of way of Waner Rad. Evergreen trees shl be plnted in a continuous row with individual trees spaced no more than 15 feet on enter. There shall be no parking lot lighting placed within the 20 foot setback.
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. 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 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 masonry building materials, such as brick, stone, EIFS, stucco, wood and/or comparable materials.
4. Building(s) shall be finished on all sides/elevations with the same level and quality of finish
5. The primary roof of any building shall be pitched or sloped with a minimum slope of
6:12.
6. No building shall exceed 200 feet in length or width.
7. Seasonal outside seating related to on-premise commercial use(s) shall be encouraged and provided for in the design of commercial building(s)/uses. This shall not be interpreted to require every commercial use to provide seasonal outside seating, but rather that a courtyard or other area of outside seating will be provided to encourage pedestrian and seasonal outside activity.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. All parking lot and 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 insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines within Sub-Area B shall be installed underground unless the applicable utility company requires or directs 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 on-premise ground mounted directional signs, if any.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area B is flat to slightly rolling agricultural fields.
2. Existing Land Use: The property is presently undeveloped.
3. Circulation: Access to and from Sub-Area B will be from Hamilton Road and Warner Road with internal vehicular circulation between Sub-Area A and Sub-Area B.
4. Visual Form of the Environment: Property to the north, east and southeast is undeveloped. Property to the southwest west is developed with single family dwellings located in Plain Township, with various parcels zoned commercially in Plain Township, including the abutting property to the west.
5. Visibility: Sub-Area B will front on Warner Road and future extended Hamilton Road.
6. Proposed Development: Commercial uses as delineated under Permitted Uses.
7. Behavior Patterns: The site will be located on future extended Hamilton Road and will be located north of the future intersection 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 both Warner Road and extended Hamilton Road. Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Areas A and B.
8. Emissions: Development on Sub-Area B 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 Hamilton Road building setback is reduced from 60 feet to 25 feet. Curbcuts, 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 Division of Transportation. The requirement for Loading Spaces, as defined in the Zoning Code, is eliminated.
H. Miscellaneous
1. Sidewalks along Hamilton Road and Warner Road shall be provided and shall be located per the specifications and recommendations of the City of Columbus.
2. Bicycle parking will be provided.
SUB-AREA C
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (1.95+ ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area C:
All uses of Section 3356.03, C-4 Permitted Uses, except the following:
Adult Book Store, Adult Motion Picture Theater, Adults Only Entertainment
Animal kennels
Armory
Billboards
Cabaret
Drive-in theater
Electric substation
Garage Repair Shop
Ice House
Massage parlor
Motor bus terminal
Off-Premise Graphics, other than as permitted by the Graphics Commission
Plumbing Shop
Poultry (killing and dressing for sale at retail on the premises)
Private club
Stables
Testing and Experimental Laboratory
Tinsmith
Tire Repair Shop
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable
development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setback: The minimum building setback on Hamilton Road shall be 5 feet and the minimum building setback on Warner Road shall be 25 feet, as depicted on the drawing titled "Warner Road Development: Zoning Sub-Area Plan". If Sub-Area C is split into one or more parcels, there shall be no setback required from a property line internal to the current external, perimeter/sub-area lines.
2. Parking Setback: The minimum parking and pavement setback, other than driveways from curbcuts, shall be 20 feet and 10 feet on Hamilton Road and Warner Road, respectively, except as noed on the drawing titled "Warner Road Development: Zoning Sub-Area Plan", where the Warner Road parking setback corresponds to the building setback lineat the nrtheat cornerof Hamilton and Warner Roads. The Hamilton Road parkig setback shall correspond to the actual building setback where adjacent to and in advance of a building. If Sub-Area C is split into one or more parcels, there shall be no parking setback required from a property line internal to the current external, perimeter/sub-area lines.
3. Sub-Area C shall be designated a H-35 Height District.
4. Lot coverage for all building and pavement for the total area of Sub-Areas C and D combined shall not exceed 55%.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curbcuts shall be approved by the City of Columbus Division of Transportation. The Division of Transportation has approved one (1) full turning movement curb cut on Hamilton Road and one (1) full turning movement curbcut on Warner Road, with both curbcuts located generally in the area of the Sub-Area line between Sub-Area C and D, subject to final design review. The full-turning movement curbcut on Hamilton Road shall be shared for use by both sub-area C and D and the full-turning movement curbcut on Warner Road shall be shared for use by both sub-area C and D.
2. Driveway access points and aisles may be divided by property 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 are provided to insure the function of shared driveways and aisles.
3. Required Parking and Vehicular Circulation Design:
a. To provide the most efficient design and layout of parking, aisles, driveways and vehicular circulation areas and to minimize unnecessary paving, parking spaces, aisles, driveways and vehicular circulation areas may be designed without regard to property lines internal to Sub-Area C and D or the Sub-Area line between Sub-Area C and Sub-Area D. Cross 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 C and D and shall be provided within the overall area of Sub-Areas C and D without regard to internal property lines or sub-area boundaries. The sub-area lines represented by the boundaries of Sub-Areas C and D may be property lines in the future and other property lines may exist within Sub-Areas C and/or D without regard for parking, maneuvering and aisle width within each parcel that may exist in the future, subject to the overall area of Sub-Areas C and D being compliant with parking, maneuvering and aisle requirements for the uses developed on Sub-Areas C and D. 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 Division of Transportation upon submission of appropriate and applicable data regarding shared parking or other demonstration of parking needs being less than calculated code required parking.
c. There shall be no required parking for seasonal outside seating areas.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The Hamilton Road and Warner Road parking setback 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 simulate natural hedgerows. These trees are in addition to the street trees required in #2 - below.
2. A street tree row shall be established along Hamilton Road and Warner 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 in the right of way, subject to approval of applicable city agencies.
3. All parking areas adjacent to the proposed Hamilton Road extension and Warner 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 curbcuts to provide adequate vision clearance.
4. Tree planting shall be required within the site parking area and service areas, except that tree planting within the electric transmission easement shall not be required if permission to plant trees is not obtained to plant trees in the easement. Low shrubbery shall be substituted for trees in the easement area if permission to plant trees is not granted. 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 coverage by buildings 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 and Hamilton and Warner Road parking setback tree planting shall not be counted to off-set 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 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 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" 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.
B. 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. 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 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 masonry building materials, such as brick, stone, EIFS, stucco, wood and/or comparable materials.
4. Building(s) shall be finished on all sides/elevations with the same level and quality of finish.
5. The primary roof of any building shall be pitched or sloped with a minimum slope of 6:12.
6. No building shall exceed 200 feet in length or width.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. All parking lot and 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 insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines within Sub-Area C shall be installed underground unless the applicable utility company requires or directs 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 on-premise ground mounted directional signs, if any.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area C is flat to slightly rolling.
2. Existing Land Use: The property is presently undeveloped.
3. Circulation: Access to and from Sub-Area C will be directly from Hamilton Road and via Warner Road from a curbcut in Sub-Area D with internal vehicular circulation between Sub-Area C and Sub-Area D.
4. Visual Form of the Environment: Property to the north, east, south, and west is undeveloped. An electric transmission easement crosses Sub-Area C.
5.Visibility: Sub-Area C will front on Warner Road and Hamilton Road.
6. Proposed Development: Commercial uses as delineated under Permitted Uses.
7. Behavior Patterns: The site will be located on extended Hamilton Road and will be located north of the intersection 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 both Warner Road and extended Hamilton Road. Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Areas C and D.
8. Emissions: Development on Sub-Area C 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 Hamilton Road building setback is reduced from 60 feet to 5 feet. Curbcuts, 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 Division of Transportation. The requirement for Loading Spaces, as defined in the Zoning Code, is eliminated.
H. Miscellaneous
1. Sidewalks along Hamilton Road and Warner Road shall be provided and shall be
located per the specifications and recommendations of the City of Columbus.
2. Bicycle parking will be provided.
SUB-AREA D
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (4.46+ ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area D:
a. All uses of Section 3353.03, C-2 Permitted Uses.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable
development standards shall be as specified in the C-2, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Setback: The minimum building setback on Hamilton Road and Warner Road shall be 5 feet and 25 feet, respectively. If Sub-Area D is split into one or more parcels, there shall be no setback required from a property line internal to the current external, perimeter/sub-area lines.
2. Parking Setback: The minimum parking and pavement setback, other than driveways from curbcuts, shall be 20 feet on Hamilton Road and 10 feet on Warner Road. There shall be a minimum 10 foot parking/paving setback from the current north property line of Sub-Area D, as long as property to the north is zoned or used residentially. If Sub-Area D is split into one or more parcels, there shall be no setback required from a property line internal to the current external, perimeter/sub-area lines.
3. Sub-Area D shall be designated a H-35 Height District.
4. Lot coverage for all building and pavement for the total area of Sub-Areas C and D combined shall not exceed 55%.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curb cuts and access points shall be approved according to the specifications of the City of Columbus Division of Transportation or any other applicable governmental agency. A minimum of one (1) full turning movement access point shall be permitted on Hamilton Road and Warner Road for Sub-Area D. The full-turning movement curbcut on Hamilton Road shall be shared for use by both Sub-area C and D and the full-turning movement curbcut on Warner Road shall be shared for use by both Sub-Area C and D.
2. Driveway access points and aisles may be divided by property 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 are provided to insure the function of shared driveways and aisles.
3. Required Parking and Vehicular Circulation Design:
a. To provide the most efficient design and layout of parking, aisles, driveways and vehicular circulation areas and to minimize unnecessary paving, parking spaces, aisles, driveways and vehicular circulation areas may be designed without regard to property lines internal to Sub-Area C and D or the Sub-Area line between Sub-Area C and Sub-Area D. Cross 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 C and D and shall be provided within the overall area of Sub-Areas C and D without regard to internal property lines or sub-area boundaries. The sub-area lines represented by the boundaries of Sub-Areas C and D may be property lines in the future and other property lines may exist within Sub-Areas C and/or D without regard for parking, maneuvering and aisle width within each parcel that may exist in the future, subject to the overall area of Sub-Areas C and D being compliant with parking, maneuvering and aisle requirements for the uses developed on Sub-Areas C and D. 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 Division of Transportation upon submission of appropriate and applicable data regarding shared parking or other demonstration of parking needs being less than calculated code required parking.
c. There shall be no required parking for seasonal outside seating areas.
4. There shall be no more than two (2) rows of parking spaces located in front of any building fronting Warner Road in Sub-Area D, regardless of the actual building setback.
5. There shall be no pavement, other than pedestrian paths, between the closest east
wall of a building built in Sub-Area D and the 100 year flood plain of Rocky Fork Creek.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. The Hamilton Road and Warner Road parking setback 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 simulate natural hedgerows. These trees are in addition to the street trees required in #2 - below.
2. A street tree row shall be established along Hamilton Road and Warner 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 in the right of way, subject to approval of applicable city agencies.
3. All parking areas adjacent to the proposed Hamilton Road extension and Warner 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 curbcuts to provide adequate vision clearance.
4. Tree planting shall be required within the site parking area and service areas, except that tree planting within the electric transmission easement shall not be required if permission to plant trees is not obtained to plant trees in the easement. Low shrubbery shall be substituted for trees in the easement area if permission to plant trees is not granted. 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 coverage by buildings 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 and Hamilton and Warner Road parking setback tree planting shall not be counted to off-set 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 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 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" 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.
9. Rocky Fork Creek: Sub-Area D is contiguous to Rocky Fork Creek. Approximately
2.00+ acres, as indicated on the "Warner Road Development: Zoning Sub-Area Plan", dated January 2, 2003, of Sub-Area D will be a Conservation Easement area. The Conservation Easement shall be granted to the City of Columbus and shall be granted after a Certificate of Zoning Clearance is issued for development of Sub-Area D. Additional Open Space corresponding to the 100 year flood plain of Rocky Fork Creek shall be provided for total open space of 2.607+ acres consisting of the Conservation easement area and the 100 year flood plain, as indicated on the "Warner Road Development: Zoning Sub-Area Plan" dated January 2, 2003. No buildings or pavement will be placed in the 2.607+ acre open space area. Snow fencing shall be placed along the line of the Conservation Easement in the area of any construction to delineate the line of the easement prior to construction commencing on any nearby building. Applicant will make every reasonable effort to preserve and protect existing vegetation in the easement area during construction, however, utility crossing(s) may occur across the Conservation easement area and open space area for access to utilities. No parking lot lighting will be placed in the Conservation Easement or any of the 100 year flood plain area. The Conservation Easement Area may be split and conveyed to the City of Columbus, at owner's option. If ownership of the property represented by the Easement Area is conveyed to the City of Columbus, determination of compliance with any applicable development standard, such as permitted lot coverage, shall include the conveyed easement area.
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. 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 viny 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 masonry building materials, such as brick, stone, EIFS, stucco, wood and/or comparable materials.
4. Building(s) shall be finished on all sides/elevations with the same level and quality of finish.
5. The primary roof of any building shall be pitched or sloped with a minimum slope of 6:12.
6. No building shall exceed 200 feet in length or width.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. All parking lot and ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), excep thee may be accent lighting (up lghting) on lansaping in the front of structures and ground signs, provided the fixtures are screened ith landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 18 feet in height.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines within Sub-Area D shall be installed underground unless the applicable utility company requires or directs otherwise.
6. All lighting shall be positioned as to not be directed toward any residential area.
7. No parking lot lighting will be placed in the Conservation easement or the 100 year flood plain area.
8. 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-2, Commercial District. Any variance to the applicable requirements of the C-2 district shall be submitted to the Columbus Graphics Commission.
2. All ground mounted signage shall be monument-style, except for incidental on-premise ground mounted directional signs, if any.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area D is flat to slightly rolling.
2. Existing Land Use: The property is presently undeveloped.
3. Circulation: Access to and from Sub-Area D will be directly from Hamilton Road and Warner Road.
4. Visual Form of the Environment: Property to the north, south, and west is undeveloped. Property to the east is developed with a single family dwelling. An electric transmission easement crosses Sub-Area D.
5. Visibility: Sub-Area D will front on Warner Road and Hamilton Road.
6. Proposed Development: Commercial uses as delineated under Permitted Uses.
7. Behavior Patterns: The site will be located on extended Hamilton Road and will be located north of the intersection 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 both Warner Road and extended Hamilton Road. Pedestrian access will be via a sidewalk on Hamilton Road and internal access between Sub-Areas C and D.
8. Emissions: Development on Sub-Area D 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 Hamilton Road building setback is reduced from 60 feet to 5 feet. Curbcuts, 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 Division of Transportation. The requirement for Loading Spaces, as defined in the Zoning Code, is eliminated.
H. Miscellaneous.
1. Sidewalks along Hamilton Road and Warner Road shall be provided and shall be located per the specifications and recommendations of the City of Columbus.
2. Bicycle parking will be provided.
GENERAL PROVISIONS APPLICABLE TO ALL SUBAREAS
SEVERABILITY:
Sub-Areas A, B, C and D are included together in this one application solely for the purpose of rezoning contiguous property under one application process. At all times in the future, Sub-Areas A, B, C and D may be rezoned individually, in combination with each other or 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, unless included in a council variance application, including any and all specific site development standards contained in this ordinance.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.