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File #: 1782-2003    Version:
Type: Ordinance Status: Passed
File created: 7/2/2003 In control: Zoning Committee
On agenda: 7/14/2003 Final action: 7/28/2003
Title: To rezone 4201 4001 SOUTH HAMILTON ROAD (43232), being 130.84 acres located at the southwest corner of South Hamilton Road and Winchester Pike, From: C-4, Commercial, L-C-4, Limited Commercial, and R-1, Residential Districts, To: L-C-4, Limited Commercial and L-AR-12, Limited Apartment Residential Districts (Rezoning Z02-009).
Attachments: 1. ORD1782-2003DCnotes.pdf, 2. ORD1782-2003disclosure.tif, 3. ORD1782-2003gismap.pdf, 4. ORD1782-2003labels.tif, 5. ORD1782-2003planL-1.pdf, 6. ORD1782-2003planSP-3.pdf, 7. ORD1782-2003SCCrec.pdf, 8. ORD1782-2003staffrep.pdf, 9. ORD1782-2003zonemap.pdf
Explanation
 
REZONING:  Z02-009
 
APPLICANT:  Hamilton & 33, LLC; c/o David Dye, Atty.; 10 West Broad Street, Suite 2400; Columbus, Ohio 43215.
 
PROPOSED USE:  Commercial and multi-family development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (4-0) on November 14, 2002.
 
CITY DEPARTMENT'S RECOMMENDATION:   Approval.  This proposal would permit commercial and multifamily residential development consistent with the zoning and development pattern to the east across South Hamilton Road.  The L-C-4 and L-AR-12 limitation texts and site plan provide appropriate use restrictions and development standards including buffering, pedestrian access, landscaping, and outdoor display, lighting and graphics restrictions.
 
 
Title
 
To rezone 4201 4001 SOUTH HAMILTON ROAD (43232), being 130.84 acres located at the southwest corner of South Hamilton Road and Winchester Pike, From:  C-4, Commercial, L-C-4, Limited Commercial, and R-1, Residential Districts, To:  L-C-4, Limited Commercial and L-AR-12, Limited Apartment Residential Districts (Rezoning Z02-009).
 
 
Body
 
WHEREAS, application #Z02-009 is on file with the Building Services Division of the Department of Development requesting rezoning of 130.84± acres from the C-4, Commercial, L-C-4, Limited Commercial, and R-1, Residential Districts, to the L-C-4, Limited Commercial and L-AR-12, Limited Apartment Residential Districts; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because this proposal would permit commercial and multifamily residential development consistent with the zoning and development pattern to the east across South Hamilton Road.  The L-C-4 and L-AR-12 limitation texts and site plan provide appropriate use restrictions and development standards including buffering, pedestrian access, landscaping, and outdoor display, lighting and graphics restrictions, 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:
 
4201 4001 SOUTH HAMILTON ROAD (43232), being 130.84 acres located at the southwest corner of South Hamilton Road and Winchester Pike, and being more particularly described as follows:
 
Subarea 1:  Legal Desription Description for 35.59 Acres (L-C-4, Limited Commercial District)
 
Situated in the State of Ohio, County of Franklin, City of Columbus and containing 35.59 acres of land, more or less, said 35.59 acres being more particularly bounded and described as follows:
 
Beginning, for reference, at the intersection of the centerline of U.S. Route 33 (centerline of construction) with the centerline of Hamilton Road; thence, from said reference point of beginning, North 04°14'40" East, with the centerline of said Hamilton Road, a distance of 1816.03 feet to a point; thence North 85°34'36" West, a distance of 65.01 feet to the true point of beginning;
 
thence, from said true point of beginning, North 85°34'36" West, a distance of 794.99 feet to a point;
 
thence North 04°08'51" East, a distance of 1161.97 feet to a point;
 
thence South 85°10'23" East, a distance of 35.46 feet to a point;
 
thence North 04°49'37" East, a distance of 940.60 feet to a point in a southerly right-of-way line of Winchester Pike;
 
thence, with the southerly right-of-way boundary of said Winchester Pike, the following three courses and distances:
 
southeastwardly, with the arc of a curve to the left having a radius of 3909.72 feet, a central angle of 01°43'00" and a chord that bears South 69°27'32" East, a chord distance of 117.14 feet;
 
South 70°19'02" East, a distance of 495.36 feet;
 
Southeastwardly, with the arc of a curve to the right having a radius of 3729.72 feet,  a central angle of 02°02'03" and a chord that bears south 69°18'01" East, a chord distance of  132.41 feet to the point of intersection of a southerly right-of-way line of said Winchester Pike with a westerly right-of-way line of Hamilton Road;
 
thence, with the westerly right-of-way boundary of said Hamilton Road, the following eight courses and distances:
 
South 03°34'34" East, 220.70 feet;
 
South 04°14'40" West, 500.00 feet;
 
South 00°06'49" West, 180.47 feet;
 
South 05°03'20" West, 211.86 feet;
 
South 04°14'40" West, 208.16 feet;
 
South 00°19'47" East, 100.32 feet;
 
South 26°39'38" West, 86.54 feet;
      
South 01°24'37" West, 404.26 feet to the true point of beginning and containing 35.59 acres of land, more or less.
 
To Rezone From:  C-4, Commercial, L-C-4, Limited Commercial and R-1, Residential Districts,
 
To:  L-C-4, Limited Commercial District.
 
 
Subarea 2:  Legal Description for 95.25 Acres (L-AR-12, Limited Apartment Residential District)
 
Situated in the State of Ohio, County of Franklin, City of Columbus, containing 95.25 acres of land, more or less, said 95.25 Acres being more particularly bounded and described as follows:
 
Beginning, for reference, at the intersection of the centerline of U.S. Route 33 (centerline of construction) with the centerline of Hamilton Road; thence, from said reference point of beginning, North 04°14'40" East, with the centerline of said Hamilton Road, a distance of 1816.03 feet to a point; thence North 85°34'36" West, a distance of 860.00 feet to the true point of beginning;
 
thence, from said true point of beginning, North 85°34'36" West, a distance of 683.98 feet to a point;
 
thence South 03°56'58" West, a distance of 255.42 feet to a point;
 
thence North 85°46'41" West, a distance of 335.82 feet to a point in a northeasterly right-of-way line of said U.S. Route 33;
 
thence, with the northeasterly right-of-way boundary of said U.S. Route 33, the following four courses and distances:
 
northwestwardly, with the arc of a curve to the right having a radius of 5590.37 feet, a central angle of 09°44'59" and a chord that bears North 39°12'38" West, a chord distance of 950.12 feet;
 
North 34°20'13" West, 83.95 feet;
 
North 07°46'18" West, 111.80 feet;
 
North 44°11'33" West, 204.48 feet;
 
thence North 04°21'53" East, a distance of 1267.27 feet to a point;
 
thence South 86°50'42" East, a distance of 631.49 feet to a point;
 
thence North 31°39'35" East, a distance of 500.28 feet to a point;
 
thence North 12°09'35" East, a distance of 119.46 feet to a point;
 
thence North 21°21'45" West, a distance of 11.44 feet to a point in a southwesterly right-of-way line of Winchester Pike;
 
thence, with the southwesterly right-of-way boundary of said Winchester Pike, the following two courses and distances:
 
South 56°44'37" East, 371.39 feet;
 
southeastwardly, with the arc of a curve to the left having a radius of 3909.72 feet, a central angle of 11°51'25" and a chord that bears South 62°40'19" East, a chord distance of 807.64 feet;
 
thence South 04°49'37" West, a distance of 940.60 feet to a point;
 
thence North 85°10'23" West, a distance of 35.46 feet to a point;
 
thence South 04°08'51" West, a distance of 1161.97 feet to the true point of beginning and containing 95.25 acres of land, more or less.
 
 
To Rezone From:  R-1, Residential District,
 
To:  L-AR-12, Limited Apartment Residential Districts.
 
 
Section 2.  That a Height District of Sixty (60) feet is hereby established on the L-C-4, Limited Commercial District on this property and a Height District of Thirty-five (35) feet is hereby established on the L-AR-12, Limited Apartment Residential 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 L-C-4, Limited Commercial District and L-AR-12, Limited Apartment Residential District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said site/sidewalk plan and landscape plans being titled "WALNUT CREEK COLUMUS, OHIO, SHEET SP-3," and "WALNUT CREEK COLUMUS, OHIO, SHEET L-1," and text titled, "LIMITATION TEXT," all signed by David Dye, Attorney for the Applicant, dated July 2, 2003, and the text reading as follows:
 
 
LIMITATION TEXT
 
 
PROPOSED DISTRICT:  L-C-4 and L-AR-12
 
PROPERTY ADDRESS:  4201 4001 Hamilton Road
 
OWNER(s):  Ebright Investment Co; Assemblies of God; The Williams Road Company
 
APPLICANT:  Hamilton & 33, LLC
DATE OF TEXT:  July 2, 2003
 
APPLICATION NUMBER:  Z02-009
 
 
A.  INTRODUCTION
 
The site to be rezoned consists of approximately 130.84 acres of land, being 35.59 acres intended for commercial uses (the "Commercial Property"), and 95.25 acres for residential use in the form of apartments and/or condominiums (the "Residential Property").  The Commercial Property consists, generally, of acreage fronting onto Hamilton Road, between State Route 33 and Winchester Pike, in southeast Columbus.  The Residential Property is the acreage west of the Commercial Property, north of Route 33, south of Winchester Pike, and south and east of the Big Walnut Creek.  Applicant proposes to rezone all of the 35.59 acres to the L-C-4 District for the development of commercial uses.  The major features of the proposed commercial rezoning include the coordination of access to Hamilton Road between the various proposed uses, and a mixture of community scale and neighborhood commercial development, transitioning into an adjacent proposed multi-family residential development on the 95.25 acre portion of the site.  The uses within the L-C-4 District will serve the general needs of residents living in the Hamilton - Winchester Pike area, including future occupants of the proposed residential community to be developed on the Residential Property.   This text separately addresses the uses and development standards applicable to each of the zoning classifications sought:
 
B.  SUBAREA 1 (L-C-4 DISTRICT)
 
1.  INTRODUCTION
 
The Commercial Property, proposed to be rezoned to the L-C-4 district, consists of approximately 35.59 acres of land, located on the west side of Hamilton Road between State Route 33 and Winchester Pike.  Applicant has submitted herewith a site plan/sidewalk plan, titled "WALNUT CREEK COLUMUS, OHIO, SHEET SP-3" for a development referred to as "Walnut  Creek," and dated 7/01/03 (herein after referred to as the "L-C-4 Site Plan") depicting the intended use of the Commercial Property for a combination of commercial retail, monopole cell tower with accessory building, and out-parcel uses.  Applicant has also submitted a landscape plan titled "WALNUT CREEK COLUMUS, OHIO, SHEET L-1" depicting required landscaping for Subarea 1 (L-C-4 District) and Subarea 2 (L-AR-12 District).  The rezoning parcel is currently used for agricultural purposes.  Portions of the Commercial Property are zoned R-1, L-C-4 and C-4, with all of the existing zoning texts and plans to be replaced by this text and zoning.  Virtually all of the Hamilton Road frontage on the east side of Hamilton is zoned L-C-4.
 
2.  PERMITTED AND PROHIBITED USES
 
Within Subarea 1, the permitted uses shall consist of all C-4 uses permitted under Section 3356 of the Columbus Zoning Code, except as provided herein after.  The following uses shall not be permitted on the Property:  stable, testing or experimental laboratory, electric sub-station, motor bus terminal, newspaper printing and armory. new and used automobile sales, newspaper printing, auctioneer's auditorium, drive-in theater, funeral home, ice house, massage parlor, outdoor amphitheater, pawn shop, ice and all other skating rinks, storage garage, and armory and billboards.  An existing monopole telecommunication antenna shall remain on site, the landscaping around which shall be upgraded to meet the current code requirement of five foot (5') tall screening to achieve 75% opacity.
 
3.  DEVELOPMENT STANDARDS
 
A.  Density, Lot and/or Setback Commitments.  None.
 
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
Access to the Property from Hamilton Road is proposed to be by means of not more than one (1) full service curb cut, located toward the south end of the Property's Hamilton Road frontage, and by not more than two (2) 'right-in-right-out' curb cuts along said frontage.  Access from Winchester Pike is proposed to be by means of one full service curb cut located on and shared with Subarea 2, and by not more than one (1) right-in-right-out curb cut, which is to be located not less than three hundred feet (300') from the Hamilton Road Winchester Pike intersection, and not less than three hundred feet (300') from the full service curb cut shared with Subarea 2.  All streets to be constructed on the Property, and all parking areas and drive aisles on the Property, shall be privately owned, and shall be maintained by the owner(s) of the parcels on which located, or by an association of owners formed for such purpose.
 
Applicant has submitted a traffic study analyzing whether improvements to Hamilton Road and/or Winchester Pike are necessitated by this proposed development, and has met with Development staff.  Based on the report and meetings with staff, Applicant has agreed to construct a southbound right turn lane on Hamilton Road at the main (full movement) entrance to the Development; and to construct a 270' westbound left turn lane and a 175' eastbound right turn lane on Winchester Pike at the full movement entry located along the boundary between the residential and commercial uses on the Property.  Additionally, Applicant has agreed to pay for the restriping of the westbound lanes of traffic on Winchester Pike at Hamilton Road, to result in two left turn lanes, one through traffic lane, and a right turn lane.  Applicant acknowledges that it will be responsible, once relevant warrants are met, for the installation of a traffic signal at the full service curb cut on Winchester Pike.  All circulation, curb cuts and access points shall be subject to the approvals of the City of Columbus Transportation Division in consultation with the Franklin County Engineer's Office.
 
A traffic signal has previously been installed at the full service curb cut from the Property onto Hamilton Road.  The warrants for said signal were met prior to the development of the Property.  Applicant will pay on an on-going basis, twenty-five percent (25%) of the maintenance costs relative to said signal, and Applicant shall pay one hundred percent (100%) of the costs incurred to install new control cabinets on the west side of Hamilton Road, to accommodate the signalization changes necessitated by the development of the Property.
 
C.  Buffering, Landscaping, Landscape Plan, Open Space, and/or Screening Commitments.
 
1.  Street trees shall be planted evenly spaced along Hamilton Road and Winchester Pike at a ratio of not less than one tree per forty (40) thirty-five (35) feet of frontage.
  
2.  Applicant shall provide treed landscape buffering with an opacity of not less than 90% between the Commercial Property and the Residential Property in accordance with a submitted Landscape Plan.  The planting may be done on the Commercial Property, on the Residential Property, or on a combination of the two.  Cross-easements shall be granted to the owners of the Commercial and Residential Properties along the common property line, allowing for the current and future owners of the Properties to install and maintain the landscape buffer.  Relative to the City, and any zoning compliance issues that may arise, the owner(s) of the Commercial Property shall have the ultimate responsibility for the installation and maintenance of the landscaped buffer.  Nothing contained herein is intended, nor shall it act, as a bar to the right of the Commercial Property owner(s) to enforce, civilly, any cost-sharing agreement entered into with the owner(s) of the Residential Property.  The trees comprising the landscape buffer shall be the following species:  Shade trees shall be Autumn Applause White Ash, Green Mountain Sugar Maple, and/or Green Spire Linden; Ornamental trees shall be Ohio Pioneer Hawthorn (thornless) or any of the various varieties of Crabapple; and Evergreen trees shall be Colorado Blue Spruce or Norway Spruce.
 
3.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
 
4.  All trees shall meet the following minimum size at the time of planting:  Shade trees - 2 ½" caliper; Ornamental trees - 1 ½" caliper; Evergreen trees - 5 feet in height.  Tree caliper is measured six inches (6") from the ground.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  Rooftop Mechanicals Screening.  Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.  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 Height.  Buildings constructed on the Property shall not exceed fifty feet (50') thirty-five feet (35') in height as measured from finish grade at the base of the building, excluding parapets or other roof or wall extensions the purpose of which are to add architectural detail or screening of rooftop mechanical equipment.
 
3.  Sidewalks.  Applicant agrees to construct sidewalks as required by the Columbus City Code and shown on the submitted Sidewalk Plan, including but not limited to an east-west oriented sidewalk extending from Hamilton Road, across and through the L-C-4 Property, providing pedestrian access to the L-AR-12 Property.  Sidewalks constructed through paved parking areas of the L-C-4 Property shall meet Columbus sidewalk construction standards, and shall not be mere striped or painted sections of the parking pavement.  At any commercial location where outdoor displays are to be permitted, the same shall only be permitted on a sidewalk area if that sidewalk has a minimum depth of nine feet (9').  Applicant has contacted the City of Columbus Transportation Department and is processing an application to secure waivers, as necessary to allow the sidewalk configuration shown on the Sidewalk Plan, in lieu of the requirement of sidewalk construction within the right-of-way along Winchester Pike and part of Hamilton Road.
 
4.  Building Materials.  Buildings shall be constructed of a combination of glass, brick, synthetic stucco, and standing seam roofs.  Awnings at entries are permitted.
 
E.  Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
 
1.  Light standards shall not exceed twenty-eight feet (28') twenty-five feet (25') in height except lights located within 100 feet of a residentially used or zoned property shall not exceed eighteen feet (18') in height.
 
2.  Lights shall have fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
 
3.  For aesthetic compatibility, lights shall be from the same or similar type and color.
 
4.  Lighting shall not exceed 0.1 foot-candle, measured horizontally, along the property line of a residentially used or zoned property.
 
5.  Outdoor merchandising is permitted along the fronts of buildings on the Property, provided a minimum unobstructed strip for pedestrian traffic of not less than five feet (5') is maintained.
 
F.  Graphics and/or Signage Commitments
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
G.  Miscellaneous Commitments
 
Site Plan Revisions Allowance.  The Property shall be developed in general conformance with the Site Plan and Landscape Plan; however, the Site Plan and Landscape Plan may be slightly adjusted to reflect engineering, topographical, or other site data established at the time of development and engineering plans are completed.  The Director of the Department of Development or the Director's designee may approve any slight adjustment to the Site Plan and Landscape Plan upon submission of the appropriate data regarding the proposed adjustment.
 
C.  SUBAREA 2 (L-AR-12 DISTRICT)
 
1.  INTRODUCTION
 
The Residential Property consists of approximately 95.25 acres of land, west of the Commercial Property, north of State Route 33, east of Big Walnut Creek and south of Winchester Pike.  Applicant has submitted a landscape plan titled "WALNUT CREEK COLUMUS, OHIO, SHEET L-1" depicting required landscaping for Subarea 1 (L-C-4 District) and Subarea 2 (L-AR-12 District).  This area is currently zoned R-1.  Applicant intends to develop the Residential Property with apartments, condominiums or a combination of the two.
 
2.  PERMITTED USES
 
Within the Property to be rezoned the permitted uses shall consist of all AR-12 uses permitted under Section 3333.02 of the Columbus Zoning Code.  There are existing billboards on the Property, subject to current written lease agreements.  The billboards are located on the portion of the Property that is to be conveyed to the City of Columbus Division of Parks and Recreation, and the billboards shall remain on a separate parcel to be created by the applicant by means of a lot split, as non-conforming uses for the balance of their respective lease terms.  Upon the termination of each billboard lease, the specific billboard affected by the terminated lease will be removed from the site within one hundred twenty (120) days, weather permitting.  Within one hundred twenty (120) days of the removal of the last billboard the parcel that contained the billboards will be deeded to the City of Columbus Department of Recreation and Parks.  No new billboards may be erected on any part of the Property.
 
3.  DEVELOPMENT STANDARDS
 
A.  Density, Lot and/or Setback Commitments.
 
The density of the Property shall be limited to a maximum of 554 residential units.
B.  Access, Loading, Parking, and/or Other Traffic Related Commitments.
 
Access to the Property from the east shall be by way of the private drive to be constructed from the full service curb cut on Hamilton Road, through the Commercial Property.  An easement for the construction and use of the private drive area through the Commercial Property shall be granted, if necessary to allow the Residential Property to develop on its own time schedule, independent of the timing of the Commercial Property development.  The Residential Property shall also have direct access to the proposed full service curb cut (the curb cut shared with the Commercial Property) on Winchester Pike.  All streets shall be a minimum of 20' wide, and all streets, parking areas and drive aisles on the Property shall be privately owned, and shall be maintained by the owner of the Residential development.
 
Traffic and roadway improvements are addressed in Section B(3)(B) above.  All circulation, curb cuts and access points shall be subject to the approvals of the City of Columbus Transportation Division in consultation with the Franklin County Engineer's Office.
 
C.  Buffering, Landscaping, Landscape Plan, Open Space, and/or Screening Commitments.
 
1.  Street trees shall be planted evenly spaced along Winchester Pike at a ratio of not less than one tree per forty (40) thirty-five (35) feet of frontage.
 
2.  As provided in Section B(3)(C)(2) above, Applicant shall provide treed landscape buffering with an opacity of not less than 90% between the Commercial Property and the Residential Property in accordance with a submitted Landscape Plan.  The planting may be done on the Commercial Property, on the Residential Property, or on a combination of the two.  Cross-easements shall be granted to the owners of the Commercial and Residential Properties along the common property line, allowing for the current and future owners of the Properties to install and maintain the landscape buffer.  Relative to the City, and any zoning compliance issues that may arise, the owner(s) of the Commercial Property shall have the ultimate responsibility for the installation and maintenance of the landscaped buffer.  Nothing contained herein is intended, nor shall it act, as a bar to the right of the Commercial Property owner(s) to enforce, civilly, any cost-sharing agreement entered into with the owner(s) of the Residential Property.  The trees comprising the landscape buffer shall be the following species:  Shade trees shall be Autumn Applause White Ash, Green Mountain Sugar Maple, and/or Green Spire Linden; Ornamental trees shall be Ohio Pioneer Hawthorn (thornless) or any of the various varieties of Crabapple; and Evergreen trees shall be Colorado Blue Spruce or Norway Spruce.
 
3.  All trees and landscaping shall be well maintained.  Dead items shall be replaced within six months or the next planting season, whichever occurs first.
 
4.  All trees shall meet the following minimum size at the time of planting:  Shade trees - 2 ½" caliper; Ornamental trees - 1 ½" caliper; Evergreen trees - 5 feet in height.  Tree caliper is measured six inches (6") from the ground.
 
D.  Building Design and/or Interior-Exterior Treatment Commitments.
 
1.  Pitched Roof.  All buildings shall have a pitched or angled roof.
 
2.  Rooftop Mechanicals Screening.      Any mechanical equipment or utility hardware on the roof of a building shall be screened from view to prevent the equipment from being visible from the property line of the parcel.  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.  This section shall not require screening of wall- or ground-mounted utility meter boxes.
 
3.  Building Height.  Buildings constructed on the Property shall not exceed thirty-five feet (35') in height as measured from finish grade at the base of the building.
 
4.  Sidewalks.  Applicant agrees to construct sidewalks (i) along the south side of Winchester Pike; (ii) along the internal road providing access to the site from Winchester Pike, specifically from Winchester Pike to the location, approximately three hundred feet (300') to the south, at which the Commercial Property derives its access by way of such drive; and (iii) along the roadway providing access from Hamilton Road, from the Residential Property's east property line to the first internal driveway connection.
 
5.  Building Materials.  Building materials shall be a combination of brick and vinyl siding.
 
E.  Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
 
1.  Lighting.
 
i.  Light standards shall not exceed eighteen feet (18') in height.
 
ii.  Lights shall meet current City of Columbus standards and specifications for residential community streets and parking lots.
 
iii.  For aesthetic compatibility, lights shall be from the same or similar type and color.
 
iv.  Lighting shall not exceed 0.1 foot-candle, measured horizontally, anywhere along a property line.
 
2.  Bike Path and Conservation Areas.
 
i.  Bikeway.  Prior to the issuance of zoning clearance, Applicant shall convey title to the City of Columbus of a fifty foot (50') strip of land along the east/south edge of the flood plain, east and south of Big Walnut Creek, for the City's construction of a multi-use trail.  This 50' strip shall be kept as near to existing grades and conditions as possible to facilitate the future construction of the trail.  Grading plans for the proposed development shall be presented for approval to the Columbus Recreation and Parks Department prior to construction.
 
ii.  Conservation Area.  Applicant intendsshall, prior to the issuance of zoning clearance, to convey title to the City of Columbus of the entire flood way area east and south of Big Walnut Creek, for conservation purposes, except for a parcel containing existing billboards that is described below.  The Floodway shall remain undisturbed and in its existing condition.   Within one hundred twenty days (120) of the date that this ordinance becomes law the applicant shall apply for a lot split to create a separate parcel containing the billboards.  Said parcel shall have a minimum of fifty feet (50') of frontage on Winchester Pike.  The billboard leases will expire in December 2009, at which time the billboards will be removed by the applicant within one hundred twenty days of the end of their respective lease terms, weather permitting.  Within one hundred twenty (120) days of the removal of the last billboard the parcel that contained the billboards shall be deeded to the City of Columbus Recreation and Parks Department.  The parcel in the floodway containing a billboard shall be deeded to the City of Columbus Recreation and Parks Department when the lease for the billboard expires (December, 2009).  No new billboards shall be constructed on the site.
 
F.  Graphics and/or Signage Commitments
 
All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code, and any variance to those requirements will be submitted to the Columbus Graphics Commission for consideration.
 
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.