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File #: 2225-2003    Version:
Type: Ordinance Status: Passed
File created: 9/25/2003 In control: Zoning Committee
On agenda: 10/27/2003 Final action: 10/28/2003
Title: To Rezone 4501 NORTH HIGH STREET (43214), being 2.46± acres located on the west side of North High Street, 200± feet south of Weisheimer Road, From: R-3, Residential, P-1, Parking, and C-4, Commercial Districts, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z03-057)
Attachments: 1. ORD2225-2003siteplans.pdf, 2. ORD2225-2003ClintAC.pdf, 3. ORD2225-2003ClintCham.tif, 4. ORD2225-2003attach.pdf, 5. ORD2225-2003labels.pdf
Explanation
 
Rezoning Applicantion Z03-057
 
APPLICANT:  Midland Atlantic Properties; c/o Donald T. Plan, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
 
PROPOSED USE:  Commercial Development.
 
DEVELOPMENT COMMISSION RECOMMENDATION:  Approval (6-0) on September 11, 2003.
 
CLINTONVILLE AREA COMMISSION RECOMMENDATION:  Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant requests the CPD, Commercial Planned Development District to develop a retail commercial center.  The proposal will contain approximately 18,800 square feet of commercial space within two separate buildings, both fronting North High Street and a private drive that bisects the site.  The buildings will have a minimal setback from the North High Street right-of-way, with sufficient setbacks to accommodate outdoor seating.  A parking lot will be located behind the commercial buildings and shared with an adjacent church.  Automobile oriented uses permitted within the existing C-4, Commercial District will be prohibited and additional standards for landscaping, building and paving materials are contained within the proposed CPD Text.  Although the proposal contains two variances to the Urban Commercial Overlay standards, Staff believes the design of the proposed development meets the intent of the code.          
 
 
Title
 
To Rezone 4501 NORTH HIGH STREET (43214), being 2.46± acres located on the west side of North High Street, 200± feet south of Weisheimer Road, From: R-3, Residential, P-1, Parking, and C-4, Commercial Districts, To: CPD, Commercial Planned Development District and to declare an emergency.  (Rezoning # Z03-057)
 
 
Body
 
WHEREAS, application #Z03-057 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.46± acres from R-3, Residential, P-1, Parking, and C-4, Commercial Districts, toCPD, Commercial Planned Development District; and
 
WHEREAS, the Development Commission recommends approval of said zoning change; and
 
WHEREAS, the Clintonville Area Commission recommends approval of said zoning change; and
 
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the CPD, Commercial Planned Development District to develop a retail commercial center.  The proposal will contain approximately 18,800 square feet of commercial space within two separate buildings, both fronting North High Street and a private drive that bisects the site.  The buildings will have a minimal setback from the North High Street right-of-way, with sufficient setbacks to accommodate outdoor seating.  A parking lot will be located behind the commercial buildings and shared with an adjacent church.  Automobile oriented uses permitted within the existing C-4, Commercial District will be prohibited and additional standards for landscaping, building and paving materials are contained within the proposed CPD Text.  Although the proposal contains two variances to the Urban Commercial Overlay standards, Staff believes the design of the proposed development meets the intent of the code, now, therefore: and;
 
WHEREAS,  an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin the permit submittal process for contractual requirments for the immediate preservation of the public peace, property, health and safety; 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:
 
4501 NORTH HIGH STREET (43214), being 2.46± acres located on the west side of North High Street, 200± feet south of Weisheimer Road and being more particularly described as follows:
 
SUB-AREA A
Z03-057
4501 North High Street, Columbus, OH
 
Description of 1.184 Acre Parcel (Commercial buildings parcel)
 
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot 3, Section 2, Township 1, Range 18 of the United States Military Lands, and being a portion of a 1.9895 acre parcel conveyed to the First Unitarian Universalist Church of Columbus in Instrument Number 2002040900089615, and a portion of a 1.145 acre parcel conveyed to same in Instrument Number 200106010122213, all references are to the Franklin County Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Commencing, for reference, at the intersection of the center line of Weisheimer Road with the center line of North High Street, said intersection being the northeast corner of a 1.069 acre tract conveyed to CCC Real Estate Holdings LLC in Instrument Number 200212230329702, as found in the Franklin County Recorder's Office, Franklin County, Ohio;
 
Thence with the centerline of North High Street, also being the east line of said 1.069 acre tract, South 0º 37' 30" East a distance of 199.17 feet to a magnetic nail set at the northeast corner of said 1.9895 acre parcel, said nail being the TRUE POINT OF BEGINNING for the parcel herein described;
 
Thence continuing along said centerline South 0º 37' 30" East a distance of 264.77 feet to a magnetic nail set, said nail being the southeast corner of said 1.145 acre parcel;
 
Thence leaving said centerline with the south line of said 1.145 acre parcel North 89º 37' 30" West, passing an iron pin found at a distance of 45.00 feet, a total distance of 195.03 feet to an iron pin set;
 
Thence leaving said south line across said 1.145 and 1.9895 acre parcels, parallel with the centerline of North High Street, North 0º 37' 30" West a distance of 264.01 feet to an iron pin set on the south line of said 1.069 acre tract;
 
Thence with the south line of said 1.069 acre tract South 89º 51' 00" East a distance of 195.02 feet to the TRUE POINT OF BEGINNING, containing 1.184 acres of land.
 
Subject to all legal easements, right of ways, and use restrictions of record.
 
All iron pins set are 5/8" rebar with caps stamped with "WD Partners P.S. 8124".
 
Bearings are based on the centerline of North High Street (South 0º 37' 30" East) as referenced in Instrument Number 200212230329702.
 
This description was prepared based on a survey made for Midland Atlantic by WD Partners in June, 2003 under the direct supervision of Kevin P. Carpenter, P.S. No. 8124.
 
 
SUB-AREA B
Z03-057
4501 North High Street, Columbus, OH
 
Description of 1.272 Acre Parcel (Parking Lot)
 
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot 3, Section 2, Township 1, Range 18 of the United States Military Lands, and being a portion of a 1.9895 acre parcel conveyed to the First Unitarian Universalist Church of Columbus in Instrument Number 2002040900089615, and a portion of a 1.145 acre parcel conveyed to same in Instrument Number 200106010122213, all references are to the Franklin County Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Commencing, for reference, at the intersection of the center line of Weisheimer Road with the center line of North High Street, said intersection being the northeast corner of a 1.069 acre tract conveyed to CCC Real Estate Holdings LLC in Instrument Number 200212230329702, as found in the Franklin County Recorder's Office, Franklin County, Ohio;
 
Thence with the centerline of North High Street, also being the east line of said 1.069 acre tract, South 0º 37' 30" East a distance of 199.17 feet to a magnetic nail set at the northeast corner of said 1.9895 acre parcel,
 
Thence along the north line of said 1.9895 acre parcel, also being the south line of said 1.069 acre parcel, North 89º 51'00" West a distance of 195.02 feet to an iron pin set, said iron pin being the TRUE POINT OF BEGINNING for the parcel herein described;
 
Thence leaving said north line across said 1.9895 acre and 1.145 and acre parcels South 0º 37' 30" East a distance of 264.01 feet to an iron pin set on the south line of said 1.145 acre parcel;
 
Thence along the south line of said 1.145 acre parcel North 89º 37' 00" West a distance of 210.18 feet to an iron pin set;
 
Thence across said 1.145 acre parcel and said 1.9895 acre parcel, North 0º 37' 30" West, a distance of 263.18 feet to an iron pin set on the north line of said 1.9895 acre parcel;
 
Thence along said north line South 89º 51'00" East a distance of 210.17 feet to the TRUE POINT OF BEGINNING, containing 1.272 acres of land.
 
Subject to all legal easements, right of ways, and use restrictions of record.
 
All iron pins set are 5/8" rebar with caps stamped with "WD Partners P.S. 8124".
 
Bearings are based on the centerline of North High Street (South 0º 37' 30" East) as referenced in Instrument Number 200212230329702.
 
This description was prepared based on a survey made for Midland Atlantic by WD Partners in June, 2003 under the direct supervision of Kevin P. Carpenter, P.S. No. 8124.
 
To Rezone From: R-3, Residential, P-1, Parking, and C-4, Commercial Districts,
 
To: CPD, Commercial Planned Development District
 
 
SECTION 2.  That a Height District of Thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.
 
SECTION 3.  That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "CPD SUB-AREA MAP", "CONCEPT DEVELOPMENT PLAN: CPD SITE PLAN", and "CONCEPT DEVELOPMENT PLAN: CPD LANDSCAPE PLAN" and text titled, "DEVELOPMENT TEXT", signed by Donald T. Plank, all attorney for the Applicant, and dated September 19, 2003, and the text reading as follows:
 
DEVELOPMENT TEXT
 
      CPD, COMMERCIAL PLANNED DEVELOPMENT
 
      2.46+ ACRES
 
PROPOSED DISTRICT:      CPD, COMMERCIAL PLANNED DEVELOPMENT
 
EXISTING DISTRICT:      C?4, COMMERCIAL, P?1, PARKING AND R?3, RESIDENTIAL
 
PROPERTY ADDRESS:      4501 NORTH HIGH STREET, COLUMBUS, OH
 
APPLICANT:            MIDLAND ATLANTIC PROPERITES C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
 
OWNER:                  FIRST UNITARIAN UNIVERSALIST CHURCH OF COLUMBUS C/O DONALD PLANK, ESQ., SHULER PLANK & BRAHM, 145 EAST RICH STREET, COLUMBUS, OH 43215
 
DATE OF TEXT:            SEPTEMBER 19, 2003
 
APPLICATION NUMBER:      Z03 - 057
 
1.      INTRODUCTION: The site is 2.46+ acres located on the west side of North High Street between Dominion Boulevard and Weisheimer Road. Existing zoning of the site is C-4, Commercial, P-1, Parking and R-3, Residential. The C-4, Commercial area of the site is located in the North High Street Urban Commercial Overlay (UCO). Applicant proposes to create two (2) Sub-Areas for redevelopment of the property. Sub-Area A (1.184 + Acres) corresponds to the existing C-4, Commercial area. Sub-Area B (1.272+ Acres) is area presently zoned R-3, Residential and P-1, Parking District, west of the C-4 zoning. Applicant proposes to redevelop Sub-Area A by removing the existing buildings to build two (2) new commercial buildings for pedestrian scale commercial uses to create a dramatic urban streetscape with new buildings and a pedestrian plaza. Sub-Area B will be developed as a parking lot for use by the commercial uses in Sub-Area A and by the First Unitarian Universalist Church of Columbus, its successors and assigns, presently located on parcel 010-083852. Sub-Area lines of Sub-Areas A and B may also be property lines. Drawings titled "CPD Sub-Area Map" (Sub-Area Map), "Concept Development Plan: CPD Site Plan" (Site Plan)and "Concept Development Plan: CPD Landscape Plan" (Landscape Plan), all dated August 28, 2003, signed September 19, 2003 by Donald Plank, Attorney for Applicant, are submitted with this application. The Sub-Area Map illustrates boundaries of the two (2) sub-area legal descriptions. The Site Plan and Landscape Plan are illustrative of planned development, but may be adjusted with final engineering and site design.
 
SUB?AREA A - 1.184+ ACRES
 
      CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT
 
      DEVELOPMENT TEXT
 
1.      PERMITTED USES:  Uses permitted in Sub-area A shall be all uses described in Columbus City Code Section 3355.03, C-3, Permitted Uses and the following uses of Section 3356.03, C-4, Permitted Uses:
 
      a.      Section 3356.03(B): Appliance Store, Caterers, Discount Department Stores, Electronics Stores, Floor Covering Stores, Furniture and Home Furnishings Stores, General Merchandise Stores, Home Centers, Household and Personal Goods Maintenance and Repair, Reupholster and Furniture Repair, Sporting Goods and Outfitters Stores.
 
      b.      Section 3356.03(C): Lawn and Garden Equipment and Supplies Stores, Paint and Wallpaper Supply Stores
 
      c.      Section 3356.03(D): Amusement Arcade (5 or more arcade machines), only within and in conjunction with a permitted use.
 
2.       PROHIBITED ACCESSORY USE:
 
No permitted use shall include any pick-up window, drive-thru lane or other design element intended or designed to provide services or products to customers in or from a motor vehicle.
 
3.      DEVELOPMENT STANDARDS:  Unless otherwise indicated in this text or the drawings submitted with this application ("CPD Sub-Area Map" (Sub-Area Map), "Concept  Development Plan: CPD Site Plan" (Site Plan) and "Concept Development Plan: CPD Landscape Plan" (Landscape Plan), all dated August 28, 2003), the applicable development standards are contained in Chapter 3355 (C-3, Commercial) of the Columbus City Code and the North High Street Urban Commercial Overlay (UCO) and Chapter 3342, Off-Street Parking and Loading.  
 
A.      Density, Height, Lot and/or Setback commitments.
 
1.      A Height District of thirty-five (35) feet (H-35), as measured per the Columbus City Code, shall be established.
2.      No building shall exceed one (1) story above grade.
 
3.      The Public-Private Setback Zone established in the North High Street Urban Commercial Overlay (UCO) shall be permitted to extend to a depth of twenty-five (25) feet.
 
4.      There shall be no parking in advance of the west wall(s) of the buildings built in Sub-Area A.
 
5.      Sub-Area lines may also be property lines and Sub-Area A and B are permitted to be separate parcels. The buildings in Sub-Area A may also be split and owned on separate parcels. All applicable easements shall be granted to insure function of the site as depicted on the development plans submitted with this application.
 
B.      Access, Loading, Parking and/or other Traffic related commitments.
 
1.      There are two (2) existing full turning movement curbcuts on the North High Street frontage. Upon redevelopment, only one (1) full turning movement curbcut shall be permitted and it shall be located approximately as depicted on the Site Plan, subject to final engineering, design and approval of the Division of Transportation.
 
            2.      There shall be no required loading spaces, as identified in Section 3342.13, Loading Space, and 3342.29, Minimum Number of Loading Spaces Required, Columbus Zoning Code. To the extent that loading function/service areas are provided, they shall be subject to the review and approval of the Division of Transportation, but not subject to any specific design requirement of Sections 3342.13 or 3342. 29 or other section related to same.
 
3.      Code required parking for all commercial uses in Sub-Area A shall be a total of 99 parking spaces. No more than fourteen (14) parking spaces shall be required to be located on or within Sub-Area A. All code required parking for uses of Sub-Area A, other than up to fourteen (14) parking spaces located within Sub-Area A, shall be located on and within Sub-Area B. The sum of parking spaces in Sub-Areas A and B shall be the required parking for all uses of Sub-Area A. Parking spaces in Sub-Area A and B may be used on a shared basis with the church on parcel 010-083852, abutting Sub-Area B to the west.
 
4.      Seasonal outside seating is encouraged and may be provided within pedestrian plaza areas. There shall be no required parking for seasonal outside seating.
 
5.      Parking spaces in Sub-Area A may maneuver across the sub-area line corresponding to the west line of Sub-Area A and the east line of Sub-Area B. Sub-Area lines may also be property lines. The buildings in Sub-Area A may also be split and owned on separate parcels. All applicable easements shall be granted to insure function of the site as depicted on the development plans submitted with this application.
      
 
C.      Buffering, Landscaping, Open space and/or Screening commitments.
 
1.      Street trees shall be planted along the North High Street frontage at the rate of approximately one (1) tree per 30 feet of lineal street frontage for the areas north and south of the three (3) lane entrance/exit North High Street curbcut. Subject to approval of the City Forester, the street trees may be planted in the North High Street right of way at a uniform setback.
 
2.      Landscaping and tree planting shall generally be provided as depicted on the landscaping plan, subject to adjustment with final engineering and site design.
 
3.      Landscaping shall be maintained in a healthy condition and dead material shall be replaced with new landscaping which meets the size requirements contained in the text within six (6) months, weather permitting.
 
4.      Minimum tree sizes at installation:  deciduous two and one-half (2 ½ ) inch caliper; ornamental - one and one-half (1 ½ ) inch caliper; and evergreens six (6) feet tall.  Tree caliper is measured six (6) inches from the ground.
 
5.      A six (6) foot high board on board wood fence shall be provided approximately along the north and south property lines beginning adjacent to the service areas of each of the north and south buildings and extending to the west line of Sub-Area B.
 
D.      Building design and/or Interior-Exterior treatment commitments.
 
            1.      The High Street Building facades shall be utilize brick and E.I.F.S. (or comparable) as the primary building materials.
2.      There shall be no exposed smooth-face concrete block on any building elevation. This restriction shall not prohibit the use of split face block in a building elevation. There shall be no exposed block of any kind on the High Street elevations.
 
3.      Building(s) shall be finished on all sides/elevations with the same level and quality of finish.
 
4.      The building footprints are illustrative of the planned buildings, but are subject to change with final engineering and design. The building footprints depict various tenant spaces. Tenant space depiction is solely illustrative and shall not be interpreted to establish any number or size restrictions.
 
5.      Window glass required by Section 3372.611(c), Design Standards, UCO, may be reduced to 52% and 31% for the High Street facades of the north building (Building A) and the south building (Building B), respectively, as labeled on the Site Plan and Landscape Plan referenced in this text. Within the south twenty-five (25) feet of the North High Street façade of Building B (south building), additional brickwork, wall fenestration and/or other architectural design/relief to the wall surface shall be provided in lieu of window glass.
 
E.      Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
1.      Dumpsters shall be screened on three (3) sides by a solid fence, wall, building and/or landscaping to a minimum height of six (6) feet with the fourth side being a gate. Dumpsters for Sub-Area A may be provided in Sub-Area B.
 
2.      All parking lot lighting shall use fully shielded cut-off fixtures (down lighting) to control light spread and prevent glare.
 
3.      Any building mounted area lighting shall use fully shielded cut-off fixtures to control light spread and prevent glare.
 
4.      All external outdoor lighting fixtures in the sub-area shall be from the same or a similar manufacturer's type to insure aesthetic compatibility.
 
            5.      Dumpsters will only be picked up between the hours of 7AM and 9PM.
 
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 C-3 zoning district.  Any variance to the sign requirements or a graphics plan shall be submitted to the Columbus Graphics Commission.
 
 
G.      Miscellaneous commitments.
 
            1.      Sub-Area A shall be developed in conformance with the plan titled "CPD Sub-Area Map" (Sub-Area Map), and in general conformance with the plans titled "Concept  Development Plan: CPD Site Plan" (Site Plan)and "Concept Development Plan: CPD Landscape Plan" (Landscape Plan), all dated August 28, 2003, signed September 19, 2003 by Donald Plank, Attorney for Applicant. The Sub-Area Map illustrates boundaries of the two (2) sub-area legal descriptions. The Site Plan and Landscape Plan are illustrative of planned development, but may be adjusted with final engineering and site design.
 
            2.       The Board of Zoning Adjustment (BZA) 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 development text, depicted on the drawings referenced herein or to underlying code and/or overlay standards
 
H.      Other CPD Requirements.
 
1.      Natural Environment: Sub-Area A is presently developed with two (2) commercial buildings with accessory paved parking and individual curbcuts.
 
2.      Existing Land Use: Sub-Area A is developed with commercial uses and accessory parking.
 
3.      Circulation: Access to and from Sub-Area A will be from a full turning movement curbcut on North High Street.
 
4.      Visual Form of the Environment: The area abutting Sub-Area A to the north, south and east is zoned C-4, Commercial and is developed with non-residential uses. The area to the west of Sub-Area A is developed with a single family dwelling which will be removed in conjunction with development of Sub-Area B.
 
5.      Visibility: Sub-Area A fronts on North High Street and will be visible from North High Street.
 
6.      Proposed Development: Commercial redevelopment of Sub-Area A consisting of buildings and design consistent with the principles of the Urban Commercial Overlay (UCO)
 
7.      Behavior Patterns: The site is located on North High Street, a major urban arterial, and is accessed from a full turning movement curbcut on North High Street. The site is located between traffic signals at Dominion Boulevard and Weisheimer Road. On-site vehicular and pedestrian circulation will be as approved through the referenced plan and the plan review process.
 
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.      Standards Modifications: Required parking is reduced from 250 spaces based on calculation of all building area at the rate of 1 space per 75 gross square feet to 99 spaces. The UCO allows reduction of code required parking by 50%, so reduction of parking by the CPD is from 125 spaces to 99 spaces. The required parking of all uses in Sub-Area A shall be a total of 99 parking spaces. Code required parking for Sub-Area A is reduced to 14 on-site spaces, subject to provision of 85 parking spaces on the abutting Sub-Area B. Parking spaces on Sub-Area A may maneuver across the common sub-area line of Sub-Areas A and B. The parking lot circulation aisle parallel to the adjacent sub-area lines of Sub-Area A and B may be split by the sub-area line, which line may also be a property line. If Sub-Area A and/or Sub-Area B are split to establish separate parcels, there shall be no "frontage" requirement for Sub-Area B. There shall be no requirement to provide loading spaces as defined in Sections 3342.13 or 3342. 29, subject to Division of Transportation review of service areas. There shall be no required parking for seasonal outside seating. The Public-Private Setback Zone established in the North High Street Urban Commercial Overlay (UCO) shall be permitted to extend to a depth of twenty-five (25) feet. Window glass required by Section 3372.611(c), Design Standards, UCO, may be reduced to 52% and 31% for the High Street facades of the north building (Building A) and the south building (Building B), respectively, as labeled on the Site Plan and Landscape Plan referenced in this text.
 
      SUB-AREA B- 1.272+  ACRE TRACT
 
      CPD, COMMERCIAL PLANNED DEVELOPMENT
 
      DEVELOPMENT TEXT
 
1.      PERMITTED USES: The permitted uses of Sub-Area B shall be 1) a parking lot and 2) location of dumpsters for off-premise uses developed on Sub-Area A. The parking lot shall provide required parking for commercial uses developed in Sub-Area A and shall also provide parking for the church (First Unitarian Universalist Church of Columbus, its successors and assigns) presently developed on Tax District/Parcel 010-083852, abutting to the west of Sub-Area B.  Parking in Sub-Area B shall not be interpreted as required parking for the First Unitarian Universalist Church of Columbus, its successors or assigns, unless or until additional parking is required for purposes of a code required change in parking requirements with the church property. The parking in Sub-Area B may be calculated as code required parking for the church at such time as additional code required parking is needed or at such time the church elects to count Sub-Area B, in whole or in part, as required parking. The sum of parking in Sub-area A and B shall satisfy code required parking for all uses in Sub-Area A and parking in Sub-Area A and B may also be used on a shared basis with the church referenced above.
 
2.      DEVELOPMENT STANDARDS:  Unless otherwise indicated in the text or the drawings ("CPD Sub-Area Map" (Sub-Area Map), "Concept Development Plan: CPD Site Plan" (Site Plan) and "Concept Development Plan: CPD Landscape Plan" (Landscape Plan), all dated August 28, 2003), submitted with this application, the applicable development standards are contained in Chapter 3355 (C-3, Commercial), the North High Street Urban Commercial Overlay (UCO) and Chapter 3342, Off-Street Parking and Loading, of the Columbus City Code.
 
A.      Density, Height, Lot and/or Setback commitments.
 
1.       Height district is thirty-five (35) feet as measured per the Columbus City Code.
 
2.      Perimeter setbacks shall be as depicted on the submitted concept Site Plan and Landscaping Plan.
 
3.      Sub-Area lines may also be property lines and Sub-Area A and B are permitted to be separate parcels.
 
B.      Access, Loading, Parking and/or other Traffic related commitments.
 
1.      Access to/from Sub-Area B shall be from a full turning movement curbcut on North High Street located on Sub-Area A. Sub-Area B will also be accessed from the abutting parcel (Tax District/Parcel 010-083852) to the west for church use.
 
2.      If it is necessary to provide handicap accessible parking spaces within Sub-Area B, the parking lot/space configuration may be adjusted in both Sub-Area A and B as applicable to comply with handicap accessible space number and location requirements, and, if such adjustment related to handicap accessible parking spaces reduces parking to less than a total of 99 spaces, the sum of parking spaces in Sub-Area A and B, then landscape islands in Sub-Area B may be adjusted to provide a total of 99 spaces.
 
C.      Buffering, Landscaping, Open space and/or Screening commitments.
 
            1.      The Landscape Plan submitted with this application depicts proposed site buffering and landscaping, subject to final engineering and site design.
2.      Within the parking and maneuvering setback area along and adjacent to the north and south property lines, screening shall be provided with a six (6) foot high opaque fence located generally near or on the north and south property lines.
 
3.      There shall be no required parking lot screening/buffering along or adjacent to the west line of Sub-Area B as long as the abutting property (Tax District/Parcel 010-083852) is developed with a church.
 
4.      Tree planting shall be required within the parking lot. Tree planting shall be provided at the rate of one (1) tree per ten (10) parking spaces in landscaping islands that are a minimum of four (4) feet wide, with 50% of the required parking lot trees located internal to the parking lot.
 
5.      Screening and landscaping itemized in #1, #2 and #3 shall be in lieu of requirements of Chapter 3342, Columbus Zoning Code.
 
6.      All trees and landscaping shall be well maintained. Weather permitting, dead plant material shall be replaced within six months.
 
7.      Minimum tree sizes at installation: deciduous - two and one-half (2 ½ ) inch caliper; ornamental - one and one-half  (1 ½ ) inch caliper; and evergreens six (6) feet tall.  Tree caliper is measured six (6) inches from the ground.
 
8.      A six (6) foot high board on board wood fence shall be provided approximately along the north and south property lines beginning adjacent to the service areas of each of the north and south buildings and extending to the west line of Sub-Area B.
      
 
D.      Building design and/or Interior?Exterior treatment commitments.
 
Not Applicable.
 
E.      Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
 
            1.      Dumpsters for uses in Sub-Area A may be placed in Sub-Area B.
 
2.      All parking lot lighting shall use fully shielded cut-off fixtures (down lighting).
 
3.      All parking lot light poles and fixtures shall be from the same or a similar manufacturer's type to insure aesthetic compatibility and parking lot light poles and fixtures shall be a uniform dark color.
 
4.      Parking lot lighting shall be no higher than 18 feet. Parking lot lighting shall not be place closer than 12 feet to the nort and south property lines.
            
            5.      Dumpsters will only be picked up between the hours of 7AM and 9PM.
 
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 C-3 zoning district.  Any variance to the sign requirements or a graphics plan shall be submitted to theColumbs Graphics Cmssion.
 
G.      Miscellaneous commitments.
 
      1.      Sub-Area B shall be developed in conformance with the plan titled "CPD Sub-Area Map" (Sub-Area Map), and in general conformance with the plans titled "Concept  Development Plan: CPD Site Plan" (Site Plan)and "Concept Development Plan: CPD Landscape Plan" (Landscape Plan), all dated August 28, 2003, signed September 19, 2003 by Donald Plank, Attorney for Applicant. The Sub-Area Map illustrates boundaries of the two (2) sub-area legal descriptions. The Site Plan and Landscape Plan are illustrative of planned development, but may be adjusted with final engineering and site design.
 
      2.      The Board of Zoning Adjustment (BZA) 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 development text, depicted on the drawings referenced herein or to underlying code and/or overlay standards.
 
H.      Other CPD Requirements.
 
1.      Natural Environment: Sub-Area B is presently developed with a single family dwelling.
 
2.      Existing Land Use: Sub-Area B is developed with a single family dwelling.
 
3.      Circulation: Access to and from Sub-Area B will be from a full turning movement curbcut on North High Street located in Sub-Area A. Sub-Area B will also be accessed from the abutting church (Tax District/Parcel 010-083852) abutting to the west for church use.  
 
4.      Visual Form of the Environment: The area abutting Sub-Area B to the north and south is developed with single family dwellings. Sub-Area abuts property developed with a church to the west and Sub-Area A abuts Sub-Area B to the east.
 
5.      Visibility: Sub-Area B is located west of Sub-Area A and, after redevelopment of Sub-Area A, will have little visibility from North High Street.  
 
6.      Proposed Development: Parking lot for uses to be developed in Sub-Area A and for the church developed on Tax District/Parcel 010-083852, abutting to the west. A dumpster box(s) for refuse from uses developed on Sub-Area A shall also be permitted.
 
7.      Behavior Patterns: The site is located west of Sub-Area A. Access to Sub-Area B is via a curbcut from North High Street located on Sub-Area A. Sub-Area B will also be accessed from the abutting parcel (Tax District/Parcel 010-083852) to the west for church use.  
 
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.      Standards Modifications: There shall be no required parking lot screening along and adjacent to the west zoning line of Sub-area B as long as the abutting parcel (010-083852) is developed with a church.  Parking spaces on Sub-Area A may maneuver across the common sub-area line of Sub-Areas A and B. The parking lot circulation aisle parallel to the adjacent sub-area lines of Sub-Area A and B may be split by the sub-area line, which line may also be a property line. If Sub-Area A and/or Sub-Area B are split to establish separate parcels, there shall be no "frontage" requirement for Sub-Area B.
 
Section 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.