header-left
File #: 0242-2006    Version: 1
Type: Ordinance Status: Passed
File created: 1/27/2006 In control: Zoning Committee
On agenda: 3/13/2006 Final action: 3/15/2006
Title: To amend Ordinance #1170-96, passed June 3, 1996, for property located at 5475 NORTH HAMILTON ROAD (43230), formerly addressed as 5759 North Hamilton Road (43230), by amending the legal description in Section 1 for Subarea 4 by dividing it into two separate subareas (Subarea 4 and Subarea 4A), and by amending the limitation overlay text in Section 3 applicable to the newly created Subarea 4A as it pertains to building materials, roof pitch requirements and outdoor display standards (Z94-120C).
Attachments: 1. ORD0242-2006Attachments.pdf, 2. ORD0242-2006DataSheet.pdf
Explanation
 
Rezoning Amendment Z94-120C
 
Ordinance #1170-96, passed June 30, 1996, rezoned 68± acres from the CPD, Commercial Planned Development, and L-C-4, Limited Commercial Districts to the L-AR-12, Limited Apartment Residential and L-C-4, Limited Commercial Districts.  That legislation permits the development of multi-family residential and limited commercial uses within three subareas, each having specific use restrictions, development standards and graphics restrictions in accordance with a registered subarea plan and limitation overlay text.  The applicant desires to redistribute the property within the L-C-4 district and thereby create a new subarea.  This ordinance will amend Ordinance #1170-96 by repealing Sections 1 and 3, respectfully and replacing them with a modified subarea plan and limitation overlay text.  This amendment also makes minor adjustments to the text to reflect subsequently platted streets and certain development standards as they pertain to building materials, roof pitch requirements and outdoor display standards in approximately half of the originally approved Subarea 4.   All other use restrictions and development standards established by Ordinance #1170-96 will remain in effect.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  
 
Title
 
To amend Ordinance #1170-96, passed June 3, 1996, for property located at 5475 NORTH HAMILTON ROAD (43230), formerly addressed as 5759 North Hamilton Road (43230), by amending the legal description in Section 1 for Subarea 4 by dividing it into two separate subareas (Subarea 4 and Subarea 4A), and by amending the limitation overlay text in Section 3 applicable to the newly created Subarea 4A as it pertains to building materials, roof pitch requirements and outdoor display standards (Z94-120C).
 
Body
 
WHEREAS, Ordinance #1170-96, passed on June 3, 1996 (Z94-120B), established the L-AR-12, Limited Apartment Residential and L-C-4, Limited Commercial Districts on property located at 5475 NORTH HAMILTON ROAD (43230), formerly addressed as 5759 North Hamilton Road (43230), being 68± acres located on the west side of North Hamilton Road, 650± feet south of East Dublin-Granville Road; and
 
WHEREAS, Ordinance #1170-96, passed on June 3, 1996 (Z94-120B), established three separate Subareas, each having specific use prohibitions and development standards including building design, height, setback, landscaping, lighting, access and graphics restrictions; and,
 
WHEREAS, it is necessary to amend Ordinance #1170-96 to create a new subarea (Subarea 4A) and establish certain development standards for the subarea  pertaining to building materials, roof pitch requirements, and outdoor display standards; and,
 
WHEREAS, the Northland Community Council has approved these amendments, now therefore,
 
WHEREAS, all other aspects of the L-AR-12 and L-C-4 development text contained in Ordinance #1170-96 are unaffected by this amendment and remain in effect, now, therefore:
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1. That Section 1 of Ordinance #1170-96, passed June 3, 1996, (Z94-120B), be hereby repealed and replaced with a new Section 1 reading as follows:
 
         SECTION 1.  That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 1620-77, passed September 19, 1977, and as subsequently amended be, and the same is hereby revised by changing the zoning of the property as follows:
 
5475 NORTH HAMILTON ROAD (43230), formerly addressed as 5759 North Hamilton Road (43230), being 68.19 67.72± acres located on the west side of North Hamilton Road, 650± feet south of East Dublin-Granville Road, and being more particularly described as follows:
 
SUBAREA 3A (36.35± ACRES) - L-AR-12 PORTION
 
Situated in the State of Ohio, County of Franklin, City of Columbus, and being 36.352 acres located in Lot 17 of Section 4, Township 2, Range 17, United States Military Lands, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 36.352 acres being more particularly bounded and described as follows:
 
Beginning for reference at the point where the centerline of State Route 161 intersects the centerline of Hamilton Road;
 
Thence South 3 deg. 23' 25" West, along the centerline of Hamilton Road, a distance of 699.40 feet to a point marking the southeasterly corner of that 1.695 acre tract as conveyed to the Ohio Fuel Gas Company by deed of record in Deed Book 3176, Page 194;
 
Thence North 87 deg. 08' 35" West, leaving the centerline of said Hamilton Road and along the southerly line of the said Ohio Fuel Gas Company tract, a distance of 40.00 feet to the true place of beginning for the following described parcel:
 
Thence South 3 deg. 23' 25" West, along the easterly right-of-way line of said Hamilton Road, a distance of 639.40 feet to an angle point in the westerly right-of-way line of said Hamilton Road;
 
Thence continuing along the said right-of-way line, South 3 deg. 13' 05" West, a distance of 575.00 feet to a point;
 
Thence North 86 deg. 46' 55" West, leaving the westerly right-of-way line of said Hamilton Road; a distance of 310.34 feet to a point;
 
Thence South 3 deg. 07' 02" West, a distance of 900.00 feet to a point;
 
Thence North 86 deg. 52' 58" West, a distance of 360 feet to a point of curvature;
 
Thence in a southwesterly direction along the arc of said curve to the left (Delta = 88 deg. 44' 56", Radius = 385.00 feet), a chord bearing and distance of South 48 deg. 44' 34" West, 538.50 feet to a point;
 
Thence South 4 deg. 22' 06" West, a distance of 5.15 feet to a point;
 
Thence North 86 deg. 59' 18" West, a distance of 40.01 feet to a point;
 
Thence North 4 deg. 22' 06" East, a distance of 65.02 feet to a point at the southeasterly corner of that tract as conveyed to Board of Park Commissioners by deed of record in Deed Book 2546, Page 186;
 
Thence North 3 deg. 25' 55" East, along the easterly line of said Board of Park Commissioners 16.265 acre tract and along the easterly line of the Board of Park Commissioners 10.693 acre tract of record in Deed Book 2697, Page 343, a distance of 2426.80 feet to a point in the southerly line of the said Ohio Fuel Gas Company tract;
 
Thence leaving the easterly line of the said Board of Park Commissioners tract, South 87 deg. 08' 35" East, a distance of 857.45 feet to the place of beginning, containing 36.352 acres more or less.
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
 
To Rezone From: CPD, Commercial Planned Development and L-C-4, Limited Commercial Districts,
 
To:  L-AR-12, Limited Apartment Residential District.
 
 
SUBAREA 3 (7.43± ACRES) - PART OF L-C-4 PORTION
 
Situated in the State of Ohio, County of Franklin, City of Columbus, and being 7.429 acres located in Lot 17 of Section 4, Township 2, Range 17, United States Military Lands, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 7.429 acres being more particularly bounded and described as follows:
 
Beginning for reference at the point where the centerline of State Route 161 intersects the centerline of Hamilton Road;
 
Thence South 3 deg. 23' 26" West, along the centerline of Hamilton Road, a distance of 1339.11 feet to an angle point in the centerline of said Hamilton Road;
 
Thence South 3 deg. 13' 05" West, continuing along the centerline of said Hamilton Road, a distance of 644.94 feet to the true place of beginning for the following described parcel;
 
Thence South 86 deg. 46' 55" East, a distance of 40.00 feet to a point in the easterly right-of-way line of Hamilton Road;
 
With said easterly right-of-way line being North 3 deg. 13' 05" East, a distance of 195.56 feet to a point;
 
Thence South 43 deg. 37' 48" East, leaving said easterly right-of-way line, a distance of 220.00 feet to a point in the arc of a curve to the left;
 
Thence in a southwesterly direction along the arc of said curve to the left (Delta = 43 deg. 15' 10", Radius = 960.00 feet), a chord bearing and distance of South 24 deg. 44' 37" West, a distance of 707.62 feet to a point in the proposed westerly right-of-way line of Hamilton Road;
 
Thence South 3 deg. 07' 02" West, along the proposed westerly right-of-way line of said Hamilton Road, a distance of 216.32 feet to a point;
 
Thence leaving the proposed westerly right-of-way line of said Hamilton Road; North 86 deg. 52' 58" West, a distance of 290.00 feet to a point;
 
Thence North 3 deg. 07' 02" East, a distance of 900.00 feet to a point;
 
Thence South 86 deg. 46' 55" East, a distance of 310.34 feet to a point in the westerly right-of-way line of said Hamilton Road;
 
Thence South 3 deg. 13' 05" West, with said westerly right-of-way line, a distance of 70.00 feet to a point;
 
Thence South 86 deg. 46' 55" East, a distance of 40.00 feet to the place of beginning, containing 7.429 acres, more or less.
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
 
To Rezone From: CPD, Commercial Planned Development and L-C-4, Limited Commercial Districts,
 
To:  L-C-4, Limited Commercial District.
 
 
SUB AREA 4 (24.41± ACRES) - PART OF L-C-4 PORTION
 
Situated in the State of Ohio, County of Franklin, City of Columbus, and being 24.414 acres located in Lot 17 of Section 4, Township 2, Range 17, United States Military Lands, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 24.414 acres being more particularly bounded and described as follows:
 
Beginning for reference at the point where the centerline of Thompson Road intersects the centerline of Hamilton Road;
 
Thence North 3 deg. 21' 52" East, along the centerline of Hamilton Road, a distance of 1119.28 feet to a point;
 
Thence North 86 deg. 38' 08" West, leaving the centerline of Hamilton Road, a distance of 60.00 feet to a point in the proposed westerly right-of-way line of Hamilton Road and the true place of beginning;
 
Thence North 86 deg. 38' 08" West, leaving the proposed westerly right-of-way line of said Hamilton Road, a distance of 865.79 feet to a point;
 
Thence North 4 deg. 22' 06" East, a distance of 916.18 feet to a point;
 
Thence South 86 deg. 59' 18" East, a distance of 40.01 feet to a point;
 
Thence North 4 deg. 22' 06" East, a distance of 5.15 feet to a point of curvature;
 
Thence along the arc of said curve to the right (Delta = 88 deg. 44' 56", Radius = 385.00 feet), a chord bearing and distance of North 48 deg. 44' 34" East, 538.50 feet to the point of tangency;
 
Thence South 86 deg. 52' 58" East, a distance of 422.76 feet to a point in the proposed westerly right-of-way line of said Hamilton Road, a distance of 834.34 feet to an angle point;
 
Thence South 3 deg. 07' 02" West, along the proposed westerly right-of-way line of Hamilton Road, a distance of 834.34 feet to an angle point;  
 
Thence South 3 deg. 21' 52" West, continuing along the proposed westerly right-of-way line of said Hamilton Road, a distance of 467.17 feet to the place of beginning, containing 24.414 acres, more or less.
 
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
 
To Rezone From: CPD, Commercial Planned Development District,
 
To:  L-C-4, Limited Commercial District.
 
SUB AREA 4A (10.654±  ACRES) - PART OF L-C-4 PORTION
 
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Lot 17, Quarter Township 4, Township 2, Range 17, United States Military Lands and being part of the remainder of that original 34.058 acre tract as conveyed to The New Albany Company, LLC by deeds of record in Official Record 34304J16 and Instrument Number 199811120289607, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
 
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8813 found in the centerline of Hamilton Road, being North 03° 19' 23" East, a distance of 1586.62 feet, with said centerline, from Franklin County Geodetic Survey Monument Number 6666 found at the centerline intersection of Hamilton Road and Thompson Road, being South 03° 07' 54" West, a distance of 1544.01 feet, from said centerline, from Franklin County Geodetic Survey Monument Number 8814 found, and being in the easterly line of that 1.759 acre tract as conveyed to the City of Columbus by deed of record in Instrument Number 200307310242157;
 
thence North 03° 07' 54" East, with said centerline, being said easterly line, a distance of 48.43 feet, to a point;
 
thence North 86° 52' 06" West, across said 1.759 acre tract, a distance of 60.00 feet, to an iron pin set in the westerly right-of-way line of said Hamilton Road, being the westerly line of said 1.759 acre tract, at a common corner of the remainder of said original 34.058 acre tract and that original 13.291 acre tract as conveyed to One Springboro Company, LLC by deed of record in Instrument Number 200310150331586, and being the TRUE POINT OF BEGINNING;
 
thence South 03° 07' 54" West, with said right-of-way line, being the westerly line of said 1.759 acre tract, a distance of 48.33 feet to an iron pin set;
 
thence South 03° 19' 23" West, continuing with said right-of-way line, being the westerly line of said 1.759 acre tract, a distance of 479.01 feet, to an iron pin set in the northerly line of "Blendon Park Condominiums" of record in Condominium Plat Book 68, Pages 98 through 102, being the southwesterly corner of said 1.759 acre tract, and the northwesterly corner of that 0.516 acre tract as conveyed to City of Columbus by deed of record in Official Record 29199C20;
 
thence North 85° 49' 30" West, with the northerly line of said "Blendon Park Condominiums", a distance of 864.89 feet, to an iron pin set at the southeasterly corner of "Blendon Park Condominiums First Amendment" of record in Condominium Plat Book 69, Pages 8 through 12;
 
thence North 4° 36' 27" East, with the easterly line of said "Blendon Park Condominiums First Amendment" and a portion of the easterly line of "Blendon Park Condominiums Eleventh Amendment" of record in Condominium Plat Book 78, Pages 8 through 11, a distance of 868.44 feet, to an iron pin set in the southerly terminus of Menerey Lane of record in Plat Book 86, Page 6;
 
thence South 85° 23' 33" East, with the southerly terminus of said Menerey Lane, a distance of 50.00 feet, to an iron pin set at a northwesterly corner of the remainder of said original 13.291 acre tract;
 
thence South 04° 36' 27" West, with the westerly lines of the remainder of said original 13.291 acre tract and that 1.250 acre tract as conveyed to JT Hamilton, LLC by deed of record in Instrument Number 200501130008744, a distance of 355.40 feet, to an iron pin set;
 
thence South 86° 52' 06" East, with the southerly lines of said 1.250 acre tract and the remainder of said 13.291 acre tract, a distance of 803.15 feet, to the TRUE POINT OF BEGINNING, and containing 10.654 acres of land, more or less.
 
To Rezone From: CPD, Commercial Planned Development District,
 
To:  L-C-4, Limited Commercial District.
 
SUB AREA 4 (13.291± ACRES) - PART OF L-C-4 PORTION
 
Situated in State of Ohio, County of Franklin, City of Columbus, being located in Lot 17, Quarter Township 4, Township 2, Range 17, United States Military Lands and being all out of that original 34.058 acre tract as conveyed to The New Albany Company Limited Partnership by deed of record in Official Record 34304J16 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
 
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 8813 in the centerline of Hamilton Road, being North 03° 19' 23" East, a distance of 1586.62 feet from Franklin County Geodetic Survey Monument Number 6666 at the centerline intersection of Hamilton Road and Thompson Road, and being the easterly line of that 1.759 acre tract as conveyed to the City of Columbus by deed of record in Instrument Number 200307310242157;
 
thence North 03° 07' 54" East, with said centerline, being said easterly line, a distance of 48.43 feet to a point;
 
thence North 86° 52' 06" West, across said 1.759 acre tract, a distance of 60.00 feet to an iron pin set in the westerly right-of-way line of said Hamilton Road, being the westerly line of said 1.759 acre tract, and being the True Point of Beginning;
 
thence North 86° 52' 06" West, across said original 34.058 acre tract, a distance of 803.15 feet to an iron pin set;
 
thence North 04° 36' 27" East, continuing across said original 34.058 acre tract, a distance of 355.40 feet to an iron pin set in the southerly terminus of Menerey Lane, of record in Plat Book 86, Pages 6 and 7;
 
thence South 85° 23' 33" East, with said southerly terminus, a distance of 10.00 feet to an iron pin set in the easterly right-of-way line of said Menerey Lane;
 
thence with the easterly and southerly right-of-way line of said Menerey Lane, the following courses:
 
North 04° 36' 27" East, a distance of 58.54 feet to an iron pin set at a point of curvature of a curve to the right;
 
Northeasterly, with the arc of said curve (Delta = 88° 31' 27", Radius = 365.00 feet) a chord bearing and distance of North 48° 52' 11" East, 509.50 feet to an iron pin set at a point of tangency;
 
South 86° 52' 06" East, a distance of 397.61 feet to an iron pin set at a point of curvature of a curve to the right; and
 
southeasterly, with the arc of said curve (Delta = 90° 00' 00", Radius = 20.00 feet) a chord bearing and distance of South 41° 52' 06" East, 28.28 feet to an iron pin set in the westerly right-of-way line of said Hamilton Road, being the northwesterly corner of said 1.759 acre tract;
 
thence South 03° 07' 54" West, with said right-of-way line, being the westerly line of said 1.759 acre tract, a distance of 749.15 feet to the True Point of Beginning, and containing 13.291 acres, more or less, of which 4.677 acres lies within Tax Parcel Number 545-147941 and 8.614 acres lies within Tax Parcel Number 010-210808.
 
To Rezone From: CPD, Commercial Planned Development District,
 
To:  L-C-4, Limited Commercial District.
 
SECTION 2. That the existing Section 3 of Ordinance #1170-96, passed on June 3, 1996 (Z94-120B) be hereby repealed and replaced with a new Section 3 reading as follows:
 
      SECTION 3.  That the Director of Department of Development be and is hereby authorized and directed to make said changes to the said original zoning map in the office of the Building Services Section and shall register a copy of the approved L-AR-12, Limited Apartment Residential, and L-C-4, Limited Commercial Districts and application among the records of the Department as required by Section 3370.03 of the Columbus City Codes; said plans being titled, "SUBAREA PLAN," dated April 24, 1996, and "ZONING EXHIBIT, " dated January 31, 2006, and  text titled "LIMITATION OVERLAY TEXT ," dated January 31, 2006, all signed by Jeffrey L. Brown, Attorney for this amendment application, and the text reading as follows:
 
 
 
LIMITATION OVERLAY TEXT
DEVELOPMENT PLAN
 
PROPOSED DISTRICT:  L-C-4, Subareas 3, 4 and 4A; L-AR-12, Subarea 4 3A
PROPERTY ADDRESS:  5759 5475 Hamilton Road
OWNER:  The New Albany Company
APPLICANT:  Morsham Land Corporation
DATE OF TEXT: 4/18/96 1/31/06
APPLICATION NUMBER:  Z94-120C
 
1.  INTRODUCTION: The subject property was part of the Rocky Pork Area West Plan which was zoned in 1991. That zoning case Z90- 166 involved nearly 1700 acres for a mixture of residential, office, and commercial uses. This site is on the west side of Hamilton Road between SR. 161 and the proposed extension of Thompson Road. Most of the property to the south and west of this site was zoned for development in 1993. This zoning application takes into account the recent zoning changes as well as current development in this area.  This amendment creates a Subarea 4A and modifies building materials and roof requirements within Subarea 4A.
 
The numbering of the subareas reflects the prior subarea designations.
 
SUBAREA 3:
 
2.  PERMITTED USES: Section 3355.02 3356.03 (C-4) of the Columbus City Code with the following exclusions:
 
Adult bookstore
Adult-only motion picture
Adult-only entertainment
Assembly hall
Auto park
Billboards/off-premise graphics
Book bindery
Bus or truck terminal
Electric substation
Gas station
Greenhouse and nursery
Ice house
Motel
Newspaper printing
Off-premise graphics
Poultry killing
Stables
Tinsmith
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated within this limitation text the applicable development standards of Chapter 3355 3356(C-4) of the Columbus City Code apply.
 
A.  Density, Height, Lot and/or Setback commitments.
 
1.  The permitted maximum density within Subarea 3 shall not exceed the ratio of 12,000 square feet of building per net acre of site for the entire Site.
 
2.  The setback along Hamilton Road shall he 40 feet for parking and maneuvering areas and 60 feet for building.
 
3.  The setback along all other streets shall he 25 feet for parking and maneuvering areas and 50 feet for buildings.
 
4.  Height district within Subarea 3 shall be 35 feet as measured per Columbus City Code with a maximum height of six stories above grade.
 
B.  Access, Loading, Parking and/or other Traffic related commitments.
 
1.  Hamilton Road shall contain a right-of-way of 120 feet.
 
2.  Major vehicular entries to the retail centers may contain a landscaped median subject to the review of the Division of Transportation.
            
3.  The proposed Road AMenerey Lane shall have a right-of-way of 50 feet and shall be located between Subareas 3, 3A and 4.
 
4.  Curbcuts along the proposed Road AMenerey Lane shall be spaced at a minimum 200 feet apart taken from cenlerilne to centerline.
 
5.  One right-in, right-out curhcut along Hamilton Road shall be permitted as long as it is a minimum 200 feet, centerline to centerline from other curbcuts.
 
6.  One full service curbcut shall be permitted along Hamilton Road at  Road A's Menerey Lane's intersection, The City of Columbus reserves to itself the right to construct a barrier median strip in Hamilton Road which would make this curbcut right-in, right-out only.
 
7.  Any development having full access to Hamilton Road shall construct an additional lane on Hamilton Road if required by the City of Columbus Division of TrafficTransportation. The additional land shall run for the length of the frontage to facilitate turning onto and off of Hamilton Road.
 
8.  Developer shall install a sidewalk along the Hamilton Road frontage.
 
9.  Size, ratio and type of parking and loading facility shall be regulated by the Columbus City Code, Chapter 3342.
 
10.  The view of all loading docks shall be screened from any adjacent public street, building or parking lot.  Screening shall achieve 90% opacity to a minimum height of seven (7) feet from finished grade.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Within the required 40 foot green space corridor along Hamilton Road, fencing and landscaping shall be required for a minimum of 65% of the frontage within each parcel; such fencing and landscaping shall be uniformly placed within the last 10 feet of the required 40 foot green space corridor at a minimum distance of 30 feet from the right-of-way. The fencing shall consist of a 3 board fence that is painted or stained white and is a maximum of 54 inches in height. It shall be constructed of 1 1/8 inches x 6 inches x 16 foot treated wood boards attached to 6 to 7 inch treated posts, with face boards, located 8 feet on center. The landscaping shall consist of deciduous shade trees (minimum 2 inch caliper upon installation); ornamental trees (minimum 1, inch caliper upon installation) and evergreen trees (height 4 foot to 6 foot upon installation). Evergreen and/or deciduous shrubs and mounding may be used. To insure the utilization of a variety of plant material, 3 evergreen trees, 3 ornamental trees, and 2 shade trees and at least 5 shrubs shall be used for every 100 feet of frontage that is landscaped.
 
2.  Street tree planting shall he required within the setback area along Hamilton Road and Road A Menerey Lane corridor.  Such trees shall be those specified in the Columbus Street Program guidelines from the City of Columbus Forester and have a minimum caliper upon planting of 2 inches and a minimum spacing of 35 feet on center and located 1 foot from edge of right-of-way,
 
3.  All parking areas adjacent to Hamilton Road or Road A Menerey Lane shall have headlight screening parallel to the frontage with a minimum height of 30 inches as 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 wall. The requirements of this paragraph may be included as part of the landscaping treatment required in Subarea 3, Section C.l so long as the total number of trees planted and the height of the screening meet the requirements of these two sections.
 
4.  All major entries shall be developed by utilizing the fencing and landscape material noted in Subarea 3, Section C.1.
 
5.  Tree plantings shall be required within site parking and service areas. The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2 inch. caliper per tree) to total site coverage by buildings and pavement:
 
1.  0 to 20,000 square feet: 6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
 
2.  20,001 to 100,000 square feet: 10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,000 square feet.
 
3.  Over 100,000 square feet: 20 inches of trunk size plus 1 inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
 
6.  At least 50% of required tree planting shall be integrated within parking or service areas. Existing trees of 3 inch caliper or greater may offset 2/3 of this requirement. Maximum possible green space shall be provided to minimize extensive unbroken hard surface area.
 
7.  Landscaping islands are required within parking lots and shall be provided at a rate of 5 square feet of landscaped area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
 
8.  The landscaping required in this section may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus City Code.
 
9.  Minimum tree size shall be no less than 2 inch caliper for street and/or shade trees, 4 feet to 6 feet in height for evergreen trees and 1 inch caliper for ornamental trees.      
10.  If landscaping is used to screen service area containing dumpsters, 90% opacity is required for all non-servicing side and must be protected from service vehicles. Screening shall be 1 foot above height of structure to be screened but not less than Seven (7) feet above finish grade.
 
11.  There shall be no exterior sound system either portable or permanent on this property which can be heard from the Park District property west of this subarea.
 
D.  Building design and/or Interior-Exterior treatment commitments.
 
1.  For all uses constructed within this subarea, all roofs shall be sloped, and have a minimum pitch of 4:12. No flat roofs shall be permitted. The sloped roof noted above shall be finished with one of the following materials; dimensional asphalt shingle, wood shakes, slate, composite slate, tile, standing metal seam or copper.
 
2.  All buildings within this described zone shall be constructed of brick as the primary exterior material covering at least 60% of building elevation excluding doors and windows. Brick size and color shall be the same for all buildings although brick does not need to come from the same manufacturer.
 
3.  No materials, supplies, equipment, or products shall be stored or permitted to remain on any portion of the parcel outside the permitted structure.
 
4.  Mechanical equipment or other utility hardwareon the roof of a building shall be screened from view by the same materials utilized on building roof or exterior. Color shall also match building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from view by wall, fence or landscape material.
 
Break1
 
5.  Blank facades on rear of buildings will not be permitted; therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.  Such articulation shall be evenly spaced along the building elevation at a distance no greater than 20 feet, 0 inches.
 
6.  All buildings shall be finished utilizing the same materials on all sides of the exterior.
 
7.  It is recommended that in addition to using building elevations to articulate building mass, individual elevaions shall be articulated with enestrations, pattern, or structural expression equal on all sides of each structure. Through the use of articulated building elements, such as porticos, dormers, recesses and other such elements, the overall building mass will appear to be reduced and will reflect a residential character.
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.  All external outdoor lighting shall be cut-off type fixtures (down lighting). However, buildings and landscaping may be illuminated with uplighting from concealed sources.  No colored light shall be used to light the exterior of any building.
 
2.  All external outdoor lighting to be used shall be from the same manufacturer type or family to ensure aesthetic compatibility.  All light poles and standards shall be in dark brown, bronze or black.
 
3.  Parking lot lighting shall be no higher than 28 feet.
 
4.   Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
 
5.  Landscaping at entries to parking lots and buildings shall be uplighted by ground-mounted concealed fixtures.
 
F.  Graphics and Signage commitments
 
1.  All signage and graphics shall conform to Article 15 of the Columbus City Graphic Code as it applies to the appropriate zoning district. Any variance to the sign requirements other than those sign requirements listed below shall be submitted to the Columbus Graphics Commission.
 
2.  The height of ground-supported signage shall not exceed 20 feet for all retail centers.  A retail center shall be defined as a building that contains two or more stores dedicated to retail sales.
 
3.  Outparcel ground-supported signage shall be limited to a maximum height of six feet and a maximum area of fifty square feet and may be placed within the setback area at a minimum of fifteen (15) feet from the street right-of-way.
 
4.  All other Signage shall be behind the required 40 foot setback with the exception of one directional entry and exit sign located at each entrance which shall be a ground type only and limited to four square feet in area per face and located at a minimum of five (5) feet from street right-of-way.  In no case shall such signage interfere with
maintaining safe clear sight distances at driveway entries and exits.  Identification logo or name shall not be displayed on directional signage.
 
 
5.  No signs shall be painted directly on the surface of any building, wall, or fence.  No wall murals shall be allowed.
 
6.  No roof Signs shall be permitted nor shall a sign extend higher than the building.
 
7.  No flashing, traveling, moving, animated or intermittently illuminated signs shall be used.  No banners, tethered balloons or pennants shall be used.
 
8.  No free-standing sign of a height greater than ten feet above grade located within fifty (50) feet of the west property shall be visible from the park district property five hundred fifty (550) feet west of this subarea. All other signage visible form the park district's property shall be so designed so that the face thereof and lighting thereon shall not be directed toward the property of* the park district.
 
SUBAREA 3A
 
2.  PERMITTED USES:  Section 3333.01 (AR-12) of the Columbus City Code
 
3.  DEVELOPMENT STANDARDS: Unless otherwise indicated within this limitation text the applicable development standards of Chapter 3333 (AR-12) of the Columbus City Code shall apply.            
 
A.  Density, Height, Lot and/or setback commitments.
 
1.  The permitted maximum site density within Subarea 3A shall not exceed 12 units per area of site.
 
2.  All setback requirements from the rights-of-way shall be as specified in Section 3333.17-19 of the Columbus City Code.
 
3.  No structure shall exceed two stories above grade plus roof.
 
4.  Setback for parking, carports and garages shall be twenty-five feet along the south side of the subarea.
 
5.  No building or structure except for the fence required Subarea 3A, Section C.6 shall be permitted within the area of the conservation easement delineated on the site plan.
 
6.  No recreational or community facilities shall be permitted within three hundred feet of the west property line.
 
B.  Access, Loading, Parking and/or other Traffic related commitments
 
1.  This subarea shall have one full-service access point to Old Hamilton Road.
 
2.  Developer shall install a sidewalk along the Old Hamilton Road frontage.
 
3.  Size, ratio and type of parking and loading shall be regulated by Columbus City Code under Chapter 3342.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Within the required 40 foot green space corridor along Hamilton Road, fencing and landscaping shall be required for a minimum, of 65% of the frontage within each parcel; such fencing and landscaping shall be uniformly placed within the last 10 feet of the required 40 foot green space corridor at a minimum distance of 30 feet from the right-of-way. The fencing shall consist of a 3 board fence that is painted or stained white and, is a maximum of 54 inches in height.  It shall be constructed of 1 1/8 inches x 6 inches x 16 foot treated wood boards attached to 6 to 7 inch treated posts, with face boards, located 8 feet on center. The landscaping shall consist of deciduous shade trees (minimum 2 inch caliper upon installation); ornamental trees (minimum 1 inch caliper upon installation.) and evergreen trees (height 4 foot to 6 foot upon installation).  Evergreen and/or deciduous shrubs and mounding may be used. To insure the utilization of a variety of plant material, 3 evergreen trees, 3 ornamental trees, and 2 shade trees and at least 5 shrubs shall be used for every 100 feet of frontage that is landscaped.
 
2.  Street tree planting shall be required within the setback along Road A Menerey Lane and Old Hamilton Road. Such trees shall be those specified in the Columbus Street Program guidelines from the City of Columbus Forester and have a minimum caliper upon planting of 2 inches and a minimum spacing of 35 feet on center and located 1 foot from edge of right-of-way.      
 
3.  All parking areas adjacent to Road A Menerey Lane or Old Hamilton Road shall have headlight screening parallel to the frontage with a minimum height of 30 inches as 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 wall.  The requirement in this section shall be included as part of the landscaping treatment required in Subarea 3A, Section C-1 so long as the total number of trees planted and the height of screening meets the requirements of these two sections.
 
4.  Minimum tree size shall be no less than 2 inch caliper for street and/or shade trees, 4 feet to 6 feet in height for evergreen trees and 1 inch caliper for ornamental trees.
 
5.  If landscaping is used to screen service area containing dumpsters, 90% opacity is and must be protected from service vehicles.  Screening shall be 1 foot above the height of structure to be screened but not less than seven (7) feet above finish grade.
 
6.  The developer shall install four foot high woven wire fence (ODOT Type 47RA) or another type of fencing approved by the Metro Park Board along the conservation easement line, as shown on the subarea map.
 
7.  The subarea map shows a 7± acre open space tract against the Metro Park Board's property.  A conservation easement shall be granted to the Metro Park Board over the 7.6± acre open space tract.
 
D.  Building Design and/or Interior-Exterior treatment commitments.  
 
N/A
 
E.  Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.  All external outdoor lighting shall be cut-off type fixtures (down lighting).  However, buildings and landscaping may be illuminated with uplighting from concealed sources.
 
2.  All external outdoor lighting to be used shall be from the same manufacturer type or family to ensure aesthetic compatibility. All light poles and standards shall be in dark brown, bronze or black.
 
3.  Parking lot lighting shall be no higher than 28 feet.
 
4.  Building mounted lighting within service areas shall be designed in such a way that no light spillage off-site occurs.
 
5.  Landscaping at entries to parking lots and buildings shall be uplighted by ground-mounted concealed fixtures.
 
F.  Graphics and Signage commitments.
 
1.  All signage and graphics shall conform to Article 15 of the Columbus City Graphics Code, as it applies to the appropriate zoning district. Any variance to the sign requirements other than those sign requirements listed below shall be submitted to the Columbus Graphics Commission.
 
2.  Signage will be integrated within a landscaped entry feature and will be made of materials consistent with the architecture.
 
3.  All site signage shall be externally illuminated, internal illumination will be prohibited.  Signage light source shall be appropriately screened to prevent light spillage off-site.
 
4.  Site signage shall have a maximum height of 6 feet and a maximum area of 32 square feet per sign face.
 
SUBAREAS 4 and 4A
 
Subarea 4 has been divided into Subarea 4 and Subarea 4A.  (See the submitted Subarea 4 and Subarea 4A exhibit.)  The following development standards apply to both Subarea 4 and Subarea 4A unless otherwise indicated.
 
2.  PERMITTED USES: Section 3355.02 3356.03 (C-4) of the Columbus City Code with the following exceptions:
 
Adult bookstore
Adult only motion picture
Adult only entertainment
Assembly hall
Auto park
Billboards/off-premise graphics
Book bindery
Bus or truck terminal
Electric substation
Gas station
Greenhouse and nursery
Ice house
Motel
Newspaper printing
Off-premise graphics
Poultry killing
Stables
Tinsmith
 
3.  DEVELOPMENT STANDARDS:  Unless otherwise indicated in the limitation text the applicable development standards are contained, in Chapter 3355 3356 of the Columbus City Code.
 
A.  Density, .Height, Lot and/or Setback commitments.
 
1.  The permitted maximum density within Subareas 4 and 4A shall not exceed the ratio of 10,000 square feet of building per acre of site for the entire site.
 
2.  The setback along Hamilton Road shall be 40 feet for parking and maneuvering areas and 60 feet for building.
 
3.  The setback along all other streets shall be 25 feet for parking and maneuvering areas and 50 feet for buildings.
 
4.  Height district within Subareas 4 and 4A shall be 35 feet as measured per Columbus City Code.
 
B.  Access, Loading, Parking and/or other Traffic related commitments.
 
1.  Hamilton Road shall contain a right-of-way of 120 feet.
 
2.  Major vehicular entries to the retail centers may contain a landscaped median subject to the review of the Division of Traffic Engineering Transportation.
 
3.  The proposed Road Extension shall have a right-of-way of 50 feet and shall be located between Subareas 3, 3A, and 4 and 4A.
 
4.  Curbcuts along Road A Menerey Lane shall be spaced at a minimum 200 feet apart taken from centerline to centerline.
 
5.  Right-in, right-out curbcut along Hamilton Road shall be permitted as long as they are a minimum 200 feet, centerline to centerline from other curbcut.
 
6.  Any development having full access to Hamilton Road shall construct an additional, lane on Hamilton Road if required by the City of Columbus Division of Traffic Transportation. The additional lane shall run for the length of the frontage to facilitate turning onto and off of Hamilton Road.
 
7.  Developer shall install sidewalk along the Hamilton Road frontage.
 
8.  Size, ratio and type of parking and loading facility shall, be regulated by the Columbus City Code, Chapter 3342.
 
9.  The view of all loading docks shall be fully screened from any adjacent public street, off-site building, or parking lot.  Such screening shall achieve 90% opacity to a minimum height of seven (7) feet from finished grade.
 
C.  Buffering, Landscaping, Open space and/or Screening commitments.
 
1.  Within the required 40 foot green, space corridor along Hamilton Road, fencing and landscaping shall be required for a minimum of 65% of the frontage within each parcel; such fencing and landscaping shall be uniformly placed within the last 10 feet of the required 40 foot green space corridor at a minimum distance of 30 feet from the right-of-way, The fencing shall consist of a 3 board fence that is painted or stained white and is a maximum of 54 inches in height. It shall be constructed of 11/8 inches x 6 inches x 16 foot treated wood boards attached to 6 to 7 inch treated posts, with face boards, located 8 feet on center. The landscaping shall consist of deciduous shade trees (minimum 2 inch caliper upon installation); ornamental, trees (minimum 1 inch caliper upon installation) and evergreen trees height 4 foot to 6 foot upon installation). Evergreen and/or deciduous shrubs and mounding may be used. To insure the utilization of a variety of plant material, 3 evergreen trees, 3 ornamental trees, and 2 shade trees and at least 5 shrubs shall be used for every 100 feet of frontage that is landscaped.
 
2.  Street tree planting shall be required within the setback area along Hamilton Road and along Road A Menerey Lane.  Such trees shall be those specified in the Columbus Street Program guidelines from the City of Columbus Forester and have a minimum, caliper upon planting of 2 inches and a minimum spacing of 35 feet on center and located 1 foot from edge of right-of-way.
 
3.  All parking areas adjacent to Hamilton Road or Road A Menerey Lane shall have headlight screening parallel to the frontage with a minimum height of 30 inches as measured form 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 wall. The requirements of this paragraph may be included as part of the landscaping treatment required in Subarea 4, Section C. 1 so long as the total number of trees planted and the height of the screening meet the requirements of these two sections.
 
4.  All major entries shall be developed by utilizing the fencing and landscape material, as noted in Subareas 4 and 4A Section C.1.
 
5. Tree plantings shall be required within site parking and service areas.  The number of trees required shall be determined by the following applicable ratios of total inches of tree caliper (minimum of 2 inch caliper per tree) to total site coverage by buildings and pavement:
 
1.  0 to 20,000 square feet: 6 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement.
 
2.  20,001 to 100,000 square feet: 10 inches of trunk size plus 1 inch additional for every 4,000 square feet of total site coverage by buildings and pavement over 20,000 square feet.
 
3.  Over 100,000 square feet: 20 inches of trunk size plus I inch additional for every 6,500 square feet of total site coverage by buildings and pavement over 100,000 square feet.
 
6.  At least 50% of required tree planting shall be integrated within parking or service areas.  Existing trees of 3 inch caliper or greater may offset 2/3 of this requirement.  Maximum possible green space shall be provided to minimize extensive unbroken hard surface area.
 
7.  Landscaping islands are required within parking lots and shall be provided at a rate of 5 square feet of landscaped area per 100 square feet of vehicular use area in such a manner as to visually break up large expanses of pavement.
 
8.  The landscaping required in this section may be used to offset the parking lot landscaping requirements contained in Chapter 3342 of the Columbus Zoning Code.
 
9.  Minimum tree size shall be no less than 2 inch caliper for street and/or shade trees, 4 feet to 6 feet in height for evergreen trees and 1 inch caliper for ornamental trees.
 
10.  If landscaping is used to screen service area containing dumpsters, 90% opacity is required for all non-servicing sides and must be protected from service vehicles.  Screening shall be 1 foot above height of structure to be screened but not less than seven (7) feet above finish grade.
 
D.  Building design and/or Interior-Exterior treatment commitments.
 
1.  A residential appearing roof shall be required and structures that appear to have flat roofs shall specifically be prohibited.  A residential appearing roof shall be defined as a roof structure with a minimum pitch of 6:12 and a maximum roof of 12:12.  The height of the roof element shall not be less than 40% of the overall height of the building as measured from finished floor to top of roof.  Once the roof element has reached the 40% level, then the roof may be flattened or depressed so long as the flattened or depressed portion of the roof is not visible from adjacent parking, service areas or roadways.  The sloped roof noted above shall be finished with one of the following materials: dimensional asphalt shingles, wood shakes, slate, composite slate, tile, standing metal seam, or copper.  In Subarea 4A pitched, flat or mansard roofs shall be permitted and all flat roofs shall be required to have a parapet.
 
2.  A maximum of three (3) building material types shall be utilized for the exterior of any building excluding including roof materials.  In Subarea 4A a maximum of three (3) building material types shall be utilized for the exterior of any building excluding roof materials.  Minor accenting of structures through the use of a fourth building material shall be permitted. At least 30% of each structure, located on an outparcel developed in conjunction with or as part of a single identified shopping center, shall be constructed of materials common to other such outparcel structures. This will achieve overall architectural uniformity.
 
3.  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 shopping cart corrals.  In Subarea 4A no outdoor sales / display areas shall be permitted.
 
4.  Mechanical equipment or other utility hardware on the roof of a building shall be screened from view by the same materials utilized on building roof or exterior.  Color shall also match building exterior or roof. Mechanical or other utility equipment on the ground shall be fully screened from view by wall, fence or landscape material.
 
5.  Building illumination shall be permitted; provided such light source is concealed. No colored light shall be used to light the exterior of any building.
 
6.  Blank facades on rear of buildings will not be permitted; therefore, articulating such facades with recesses, fenestrations, fences or pilasters is required.  Such articulation shall be evenly spaced along the building elevation at a distance no greater than 20 feet, 0 inches.
 
7   All buildings shall be finished utilizing the same materials on all sides of the exterior.  In Subarea 4A the front facade of any building shall be predominately brick and the brick shall rap around the end elevations so that the first 25% in area of the end elevation shall be brick; the rear facade and the balance of the end elevations may be built with a different material than the front facade.  The balance of the building elevations shall be finished with split face block.            
 
8.  It is recommended that in addition to using building elevations to articulate building mass, individual elevations shall be articulated with fenestrations, pattern or structural expression equal on all sides of each structure.  Through the use of articulated building elements, such as porticos, dormers, recesses and other such elements, the overall building mass will appear to be reduced and will reflect a residential character.
                        
9.  Within the first 300 feet from the right-of-way line of Hamilton Road the following additional architecture requirements shall apply:
 
a.  For all uses constructed within the prescribed zone, all roofs shall be sloped and have a minimum pitch of 4:12.  No flat roofs shall be permitted.  In Subarea 4A, pitched, flat or mansard roofs shall be permitted.  All flat roofs shall be required to have a parapet.
 
b.  All buildings within this described zone shall be constructed of brick as the primary exterior material covering at least 60% of building elevation excluding doors and windows. Brick size and color shall be the same for all buildings although brick does not need to come from the same manufacturer.
 
F.  Graphics and Signage commitments.
 
1.  All signage and graphics shall conform to Article 15 of the Columbus City Graphic Code as it applies to the appropriate zoning district. Any variance to the sign requirements other than those sign requirements listed below shall be submitted to the Columbus Graphics Commission.
 
2.  The height of ground-supported signage shall not exceed 20 feet for all retail centers. A retail center shall be defined as a building that contains two or more stores dedicated to retail sales.
 
3.  Outparcel ground-supported signage shall he limited to a maximum height of six feet and a maximum area of fifty square feet and may be placed within the setback area at a minimum of fifteen (15) feet from the street right-of-way.
 
4.  All other signage shall be behind the required 40 foot setback with the exception of one directional entry and exit sign located at each entrance which shall be a ground type only and limited to four square feet in area per face and located at a minimum of five (5) feet from street right-of-way.  In no case shall such signage interfere with maintaining safe clear sight distances at driveway entries and exits identification logo or name shall not be displayed on directional signage.
 
5.  No signs shall be painted directly on the surface of any building, wall, or fence. No wall murals shall be allowed.
 
6.  No roof signs shall be permitted nor shall a sign extend higher than the building.
 
7.  No flashing, traveling, moving, animated or intermittently illuminated signs shall be used.  No banners, tethered balloons or pennants shall be used.
 
G.  Miscellaneous commitments
 
A portion of Subarea 4 is adjacent to the Metro Park property (See Subarea map) and subject to the following additional development standards:
 
1.  No free-standing sign of a height greater than ten feet above grade located within six hundred (600) feet of the west property shall be visible from the park district property. All other signage visible from the park district's property shall, be so designed so that the face thereof and lighting thereon shall not be directed toward the property of the park district.
      
2.  No structures or building (other than the fence and visibility fence described below) shall be located within 25 feet of the Park Districts property. No storage, dumping or other activity shall occur within this 25 foot setback area. No parking or circulation except for Roadway A Menerey Lane shall be permitted within 50 feet of the Park District's property.
 
3.  The developer shall install a four foot high woven wire fence (ODOT Type 47RA) or another type of fence approved by the Metro Park Board along the conservation easement line, as delineated on the subarea map.
 
4.  Prior to the construction of any improvements except grading, the developer shall provide a visibility screen of at least 15 feet in height along the Park District's property if landscaping materials are used minimum height 10 feet at installation with a 15 foot height upon maturity with a spacing that will provide a visibility screen upon maturity.
 
5. No pedestrian or vehicular access shall be permitted from this area to the Park District's property.
 
6.  Unless shielded or screened by structures no lighting within 200 feet of the Park District's property shall, exceed 8 feet in height. Exception security lighting for a structure so long as said security lights are directed away from the Park District's property.
 
7.  Within 200 feet of the Park District property permitted height 2 stories above grade plus roof.
 
Within 201-500 feet of the Park District property permitted height 3 stories above grade plus roof.
 
Over 500 feet of the Park District property permitted height 6 stories above grade plus roof.
 
8.  No exterior sound systems either portable or permanent used on this portion of the subarea shall be heard from the Park District's property.
 
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.