Explanation
Rezoning Application Z13-008
APPLICANT: NP/FG LLC and NP Limited Partnership; c/o Dave Perry, Agent; David Perry Co. Inc.; 145 East Rich St., 3rd Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Limited commercial development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on June 12, 2014.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed L-C-4, Limited Commercial District will allow commercial development consistent with the surrounding commercial districts. The subject site is within Subarea J2 of the Far North Plan (1994), which is being updated, but currently recommends preservation of existing residential development or compatible residential infill as an alternative. The Plan also recommends measures be taken to preserve and protect mature trees and appropriate existing vegetation during the development process. Since the Far North Plan's adoption, 11 acres at the northeast corner of I-71 and Gemini Place have been annexed and zoned L-C-4. Both sites are controlled by NP Limited as an extension of the larger southern property. This proposal is similar in nature as it sits between the more recently zoned L-C-4 site to the west and the former amphitheater site, also zoned L-C-4, to the east. The limitation text includes use restrictions and development standards that address access, maximum building height, landscaping, tree preservation, screening, lighting controls, and underground utility lines. A setback exhibit to help illustrate the building limitations in relation to the adjacent residential uses is also included with this request.
Title
To rezone 3386 EAST POWELL ROAD (43085), being 19.93± acres located 810± feet south of East Powell Road, and 100± feet west of Hickory Ridge Court, From: R, Rural District, To: L-C-4, Limited Commercial District (Rezoning # Z13-008).
Body
WHEREAS, application #Z13-008 is on file with the Department of Building and Zoning Service requesting rezoning of 19.93± acres from R, Rural District, to L-C-4, Limited Commercial District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change due to the site's proximity to recently zoned L-C-4 property to the west and the former amphitheater site to the east. The proposed L-C-4, Limited Commercial District will allow commercial development consistent with the surrounding commercial districts; 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:
3386 EAST POWELL ROAD (43085), being 19.93± acres located 810± feet south of East Powell Road, and 100± feet west of Hickory Ridge Court, and being more particularly described as follows:
Situated in the State of Ohio, County of Delaware, City of Columbus and Township of Orange, being part of Farm Lot 16, Quarter Township 4, Township 3, Range 18, United States Military Lands, being 19.934 acres out of Farm Lot 16, being all of a 4.912 acre tract of land described in a deed to NP/FG, LLC of record in Official Record Volume 1132, Page 69, being all of a 1.011 acre tract of land described in a deed to N.P. Limited Partnership of record in Official Record Volume 1111, Page 785, being 0.997 acres (calculated) out of a 1.00 acre tract of land (deed) described in a deed to NP/FG, LLC of record in Official Record Volume 1275, Page 2055, being 5.000 acres (calculated) out of a 5.00 acre tract of land (deed) described in a deed to Face Fixers, Inc. of record in Official Record Volume 691, Page 764, being all of an 8.014 acre tract of land described in a deed to NP/FG, LLC of record in Official Record Volume 1190, Page 1288, and being more particularly described as follows:
COMMENCING for reference at a 1" iron pipe found at the southwest corner of Farm Lot 16 and the northwest corner of Farm Lot 17;
Thence South 86°44'26" East, a distance of 714.73 feet with the south line of said Farm Lot 16 and the north line of said Farm Lot 17, to a 5/8" iron pin found with a Floyd Browne Group cap at the southeast corner of Lot 713 of Colonial Meadows Subdivision No. 2 of record in Plat Book 17, Page 175, being at the southwest corner of said 4.912 acre tract, being on the north line of a 90.848 acre tract of land described in a deed to Polaris 91, LLC of record in Official Record Volume 1094, Page 959, and being the TRUE POINT OF BEGINNING of the tract to be described;
Thence North 07°05'40" East, a distance of 330.05 feet with the east line of said Lot 713 and the west line of said 4.912 acre tract, to a 5/8" iron pin found at the northwest corner of said 4.912 acre tract and being at the southwest corner of said 5.000 acre tract;
Thence North 11°06'07" East, (passing over 5/8" iron pins found at 98.41 feet and 317.73 feet) a total distance of 343.39 feet with the east line of Lot 713 and Lot 712 of said Colonial Meadows Subdivision No. 2, the east line of Lot 281 of Colonial Meadows of record in Plat Book 7, Page 541, and the west line of said 5.000 acre tract, to an iron pipe found at the northwest corner of said 5.000 acre tract and being at the southwest corner of a 5.42 acre tract of land described in a deed to Face Fixers, Inc. of record in Official Record Volume 691, Page 766;
Thence South 86°27'29" East, a distance of 628.25 feet with the north line of said 5.000 acre tract and the south line of said 5.42 acre tract, to an iron pipe found at the northeast corner of said 5.000 acre tract, being at the southeast corner of said 5.42 acre tract, and being on the west line of a 4 acre tract of land described in a deed to Richard A. Grosh and Linda S. Grosh of record in Official Record Volume 450, Page 2267;
Thence South 07°06'18" West, a distance of 55.65 feet with the east line of said 5.000 acre tract and the west line of said 4 acre tract, to a 5/8" iron pin found at the northwest corner of said 8.014 acre tract and being at the southwest corner of said 4 acre tract;
Thence South 82°07'46" East, a distance of 750.05 feet with the south line of said 4 acre tract, the south line of a 3.465 acre tract of land described in a deed to Oakley Addis of record in Official Record Volume 710, Page 1254, the south line of a 2.550 acre tract of land described in a deed to Stephanie R. Flowers and Michael J, Carroll of record in Official Record Volume 739, Page 1286, the south line of Lot 1219 of Hickory Ridge Corrected Plat of record in Plat Book 20, Page 178, and with the north line of said 8.014 acre tract, to a 5/8" iron pin found with a Stults cap at the northeast corner of said 8.014 acre tract;
Thence South 07°04'29" West, a distance of 551.78 feet with the east line of said 8.014 acre tract, to a 5/8" iron pin found with a Stults cap at the southeast corner of said 8.014 acre tract and being on the south line of said Farm Lot 16 and the north line of said Farm Lot 17;
Thence North 86°44'26" West, (passing over 5/8" iron pins found with Floyd Browne Group caps at 484.02 feet and 751.97 feet) a total distance of 1404.35 feet with the south line of said Farm Lot 16 and the north line of said Farm Lot 17, with the south line of said 8.014 acre tract, said 1.011 acre tract, and then said 4.912 acre tract, and the north line of said 90.848 acre tract, to the TRUE POINT OF BEGINNING containing 19.934 acres of land, more or less.
Basis of Bearings: Bearings are based on data acquired by GPS observations as per NAD 83 (1995)-Ohio State Plane Coordinate System-North Zone from the Delaware County Geodetic Control Monumentation.
All iron pins set are 5/8-inch solid iron pins, 30 inches in length with a yellow plastic cap stamped "CT Consultants".
The above description is based on and referenced to an exhibit titled "Plat of Survey for Rezoning 19.934 Acres" prepared by CT Consultants, attached hereto and made a part hereof. All references are to the records of the Recorder's Office, Delaware County, Ohio.
To Rezone From: R, Rural District
To: L-C-4, Limited Commercial District
SECTION 2. That a Height District of One-hundred-ten (110) feet is hereby established on the L-C-4, Limited Commercial District on this property.
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Department of Building and Zoning Services as required by Section 3370.03 of the Columbus City Codes; said plan being titled, "NORTH PROPERTY LINE SETBACK EXHIBIT," and text titled, "DEVELOPMENT TEXT," both signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated June 17, 2014, and the text reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
19.934 ± Acres
EXISTING DISTRICT:
R, Rural District
PROPOSED DISTRICT:
L-C-4, Limited Commercial
PROPERTY ADDRESS:
3386 East Powell Road, Columbus, OH 43035
OWNER(S):
NP/FG, LLC and NP Limited Partnership c/o Dave Perry, Agent, David Perry
Company, Inc., 145 East Rich Street, FL 3, Columbus, OH 43215 and
Donald Plank, Plank Law Firm, 145 East Rich Street, FL 3, Columbus, OH 43215 and Face Fixers, Inc., c/o James DeAscentis, 3400 East Powell Road, Lewis Center, OH 43035
APPLICANT:
NP Limited Partnership and NP/FG, LLC c/o Dave Perry, Agent, David Perry Company,
Inc., 145 East Rich Street, FL 3, Columbus, OH 43215 and Donald Plank, Plank Law
Firm, 145 East Rich Street, FL 3, Columbus, OH 43215
DATE OF TEXT:
June 17, 2014
APPLICATION NUMBER:
Z13-008
1. INTRODUCTION:
Applicant proposes to rezone 19.934 +/- acres to the L-C-4, Limited Commercial District for commercial uses related to the Polaris Centers of Commerce development. The site abuts Sub-Area J-1 of the Far North Plan, which sub-area supports commercial land use and recognizes the Polaris Centers of Commerce and other commercial development as the appropriate land use. Since the original Polaris Centers of Commerce rezoning (1991), numerous additional commercial rezoning applications have been approved as additional property became available to expand the commercial development, including property that abuts Sub-Area J-1, as this property does. The site also abuts 5.5 +/- acres now zoned L-C-4 (Z06-026) to the west. The construction of a second interstate interchange on I-71 (Gemini/I-71) for the Polaris Centers of Commerce provides interstate access to the former amphitheater and this abutting property. Interstate access and the extension on Gemini Place, a major east/west arterial, make this site part of a large area appropriate for commercial development.
The 2013 Far North Plan (pending adoption) recommends Regional Mixed Use for the site. The area for rezoning is 20 acres of approximately 120 +/- acres for commercial development. This proposal is consistent with other approved rezoning applications that provided expansion area from the original Polaris rezoning. Extensive deed restrictions have been established on property presently in the Polaris Centers of Commerce and all property in the Polaris Centers of Commerce is subject to use and design review (Polaris Design Review Board) approval of both the site plan and architecture. It is applicant's intention to establish the same or comparable deed restrictions and design review on this property. The referenced drawing "North Property Line Setback Exhibit" dated 6/17/14, illustrates required setbacks from the north property line.
2. PERMITTED USES: The following uses shall be permitted:
All uses of Section 3356.03, C-4 Permitted Uses, except the following:
1.Billboards
2.Off premise graphics except for (i) graphics which identify an overall development on the subject property (such as a large office park or shopping center) and the management of the development and (ii) graphics identifying uses within the Subarea in which the graphics are located or a Subarea contiguous to the Subarea in which the graphics are located or (iii) as approved by the Columbus Graphics Commission as part of a Graphics Plan. Off-premise graphics are subject to approval by the Columbus Graphics Commission.
3.Used car lots, except used car lots used in conjunction with the sale of new cars.
4.Outside storage of items with the exception of items offered for sale and accessory to a permitted use, such as hardware, lumber, or landscaping sales uses, etc.
5.Storage of hazardous wastes except for small quantities generated or used in connection with testing labs or other permitted use under controlled conditions in compliance with all laws regulating such materials.
6.Halfway House.
3. DEVELOPMENT STANDARDS: Except as specified herein, the applicable
development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building Height: The height district shall be H-110, allowing for a 110-foot height
limitation in accordance with Sections 3309.14 and 3309.142 of the Columbus Zoning
Code, except as follows. See also the exhibit titled "North Property Line Setback
Exhibit", dated 6/17/14, referenced in Section G.4., for illustration of required
setbacks and permitted heights in relation to the north property line of this rezoning.
a) Building and Structure Height: East 760 +/- feet of north property line of area being rezoned:
1) No building or structure (or any portion thereof) shall be permitted less than fifty (50) feet from the east 760 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh").
2) Any building or structure (or any portion thereof) located more than fifty (50) feet and up to seventy-five (75) feet from the east 760 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh"), shall not exceed thirty-five (35) feet in height.
3) Any building or structure (or any portion thereof) located more than seventy-five (75) feet and up to one-hundred fifty (150) feet from the east 760 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh"), shall not exceed sixty (60) feet in height.
4) A building or structure (or any portion thereof) located more than one-hundred fifty (150) feet from the east 760 +/- feet of the north property line of the area being rezoned, and, specifically, where directly abutting and adjacent to property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh"), may exceed sixty feet in height, as permitted in the H-110 height district, including Section 3309.142, as may be applicable.
b) Building and Structure Height: West 635 +/- feet of north property line of area being rezoned:
No building or structure (or any portion thereof) shall be permitted less than twenty-five (25) feet from the west 635 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3400 E Powell Road, PID 27- 31844202032000, ("Face Fixers, Inc."), as long as adjacent property to the north is zoned and used for single family dwellings.
2. Building Lines:
a) The building setback line shall be fifty (50) feet from any public street, fifteen (15) feet from any side property line, and ten (10) feet from any rear property line, except as otherwise set forth in Section A.1, and as follows:
b) No building setback shall be required from any property line, other than a property
line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
c) See also the exhibit titled "North Property Line Setback Exhibit", dated 6/17/14, referenced in Section G.4., for illustration of required setbacks and permitted heights in relation to the north property line of this rezoning.
3) Parking Setback:
a) There shall be a minimum thirty (30) foot parking setback from all public streets.
b) A minimum fifty (50) foot landscaped parking setback shall be provided along and parallel to the east 760 +/- feet of the north property line of the area being rezoned and, specifically, where adjacent to property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh"). The minimum fifty (50) foot landscaped parking setback shall consist of preservation of existing trees and supplemental planting and fencing (See Section 3.C.10).
c) A minimum eighteen (18) foot landscaped parking setback shall be provided along and parallel to the west 635 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3400 E Powell Road, PID 27- 31844202032000, ("Face Fixers, Inc."), as long as adjacent property to the north is zoned and used for single family dwellings.
d) See also the exhibit titled "North Property Line Setback Exhibit", dated 6/17/14, referenced in Section G.4., for illustration of required setbacks and permitted heights in relation to the north property line of this rezoning.
e) No parking or maneuvering areas, except driveways, shall be constructed nearer than three (3) feet from any side or rear property line, except as required above (b) and as follows:
1) Internal aisles for vehicular circulation within parking lots to provide internal connection and circulation between adjacent parking lots are permitted.
2) No parking or maneuvering setback shall be required from any property line, other than a property line abutting a public street, that is created within and internal to a larger site for which a Certificate of Zoning Clearance has been issued and the parcel created by the property line continues to function as part of the overall site for which the Certificate of Zoning Clearance was issued.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1) There shall be no vehicular access to East Powell Road.
2) The site does not directly abut any public street for vehicular access. Vehicular access will be provided through the adjacent commercially zoned property to the east, west or south.
3) No building permit shall be issued for construction of a building in the area being rezoned until a Traffic Impact Study (TIS) for the property being rezoned or including the property being rezoned and other property is completed and approved by applicable review offices.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1) Screening with landscaping (or screening materials which may consist of any combination of earth mounding, landscaping, walls, and/or fences) shall be provided so as to hide trash collection areas and waste storage area from view, to a minimum opacity of not less than 100%. All such landscaping shall be properly trimmed and all screening shall be maintained in a neat and tidy manner. All service areas shall be separated from public circulation and parking areas.
2) Where freestanding walls are used for screening, they shall be integrated into the building design and/or landscaping plan so as to appear to be a natural element of the building and/or lot on which such building is located.
3) Provision for handling all truck service shall be totally within each parcel. No off-street loading areas or loading docks shall be located on or along the front wall of any building, within the front yard of any parcel or nearer than fifteen (15) feet from any side or rear property line. Off-street loading areas or loading docks located on or along the side wall of any building shall in no event be located nearer than twenty-five (25) feet from the front of the building and such facilities and all activities therein shall be screened from view from all public streets with buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6 feet high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
4) Any freight loading area located within fifty (50) feet of a residentially zoned property used for residential purposes shall be screened from such residential property by buildings or view-obscuring treatment such as landscaped mounds, a wall or fence, dense planting, strips of trees or shrubs, or a combination thereof so as to achieve a minimum height of 6 foot high and an opacity of not less than seventy five percent (75%). All such view-obscuring measures shall be maintained in good condition and appearance by the owner of the property containing such freight loading area at all times.
5) Each parcel shall provide minimum three (3) foot wide landscape buffer areas within the parcel, if not in conflict with a more restrictive standard of this text, and adjacent and parallel to the side and rear property lines, except where abutting the fifty (50) foot north buffer setback, where no building setback is required, where aisles connect adjacent parking lots and where no parking setback is required. The surface of the side and rear buffer areas shall be expressly reserved for the planting of lawns, trees or shrubs and no structures (except approvable graphics), equipment of any nature (except utility equipment, which shall be either underground or fully screened) or paved areas (except driveways) shall be permitted within the side and rear buffer areas.
6) Each parcel shall provide in the front of the parcel, along any public street, a minimum thirty (30) foot wide landscape buffer area, unless otherwise permitted in this development text, outside of but adjacent and parallel to any public street. Except for graphics and driveways, the surface of the front buffer area shall be expressly reserved for the planting of lawns, trees or shrubs. Storm water detention or retention areas may occur in said buffer areas.
7) The minimum fifty foot (50) foot landscaped setback (A.3.b.) along and generally parallel to the east 760 +/- foot north property line of the area being rezoned, meaning specifically, where adjacent to property addressed as 3380 E Powell Road, PID 27-31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh"), shall be left in its current natural state with existing trees to remain. Additional tree planting of appropriate types and quantities of deciduous and/or evergreen plant material, as determined by an arborist or landscape architect at the time contiguous site development is proposed, may be planted within the 50 foot parking setback. A wood, board on board fence, a minimum of eight (8) feet tall, starting not more than one (1) foot above grade, and approximately 90% opaque, shall be built and maintained along the north property line where contiguous with the referenced property owners.
8) The minimum eighteen (18) foot landscaped parking setback along and parallel to the west 635 +/- feet of the north property line of the area being rezoned and, specifically, where directly abutting and adjacent to the south property line of property addressed as 3400 E Powell Road, PID 27- 31844202032000, ("Face Fixers, Inc.") shall contain a wood, board on board fence, a minimum of eight (8) feet tall, starting not more than one (1) foot above grade, and approximately 90% opaque, shall be built and maintained generally along the north property line where contiguous with the referenced property owners. In addition to the fence, landscaping consisting of 6 foot evergreen trees planted 12 feet on center shall be provided in the 18 foot parking setback.
9) See also the exhibit titled "North Property Line Setback Exhibit", dated 6/17/14, referenced in Section G.4., for illustration of required setbacks and permitted heights in relation to the north property line of this rezoning.
10) For all retaining walls an area to be planted with shrubs and/or vines shall be provided between the wall and any paved area.
11) All open areas on each developed parcel not occupied by buildings, structures, outside storage areas, parking areas, street right-of-way paved areas, driveways, walkways and off-street loading areas shall be suitably graded and drained and shall be landscaped with lawns, trees and shrubs.
D. Building Design and/or Interior-Exterior Treatment Commitments.
Buildings shall be finished with the same level and quality of finish on all four sides. There shall be no exposed smooth face concrete block.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1) There shall be no parking lot lighting within fifty feet (50) feet of the east 760 +/- feet of the north property line of the area being rezoned, meaning, specifically where adjacent to property addressed as 3380 E Powell Road, PID 27- 31844202023000, ("Grosh"); 3440 E Powell Road, 27-31844202022000, ("Addis"); 3462 E Powell Road, PID 27- 31844202021000, ("Flowers" and "Carroll"), and 8028 Hickory Ridge Court, PID 27- 31844202014000, ("Grosh").
2) There shall be no parking lot lighting within eighteen (18) feet of the west 635 +/- feet of the north property line of the area being rezoned, meaning, specifically where adjacent to the south property line of property addressed as 3400 E Powell Road, PID 27- 31844202032000, ("Face Fixers, Inc."), as long as adjacent property to the north is zoned and used for single family dwellings.
3) All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
F. Graphics and Signage Commitments.
All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4, Commercial District, shall be submitted to the Columbus Graphics Commission.
G. Miscellaneous.
1) A monetary payment at the rate of $400.00/acre shall be made to the Recreation and Parks Department in conjunction with a request for a Certificate of Zoning Clearance, to comply with the Parkland Dedication Ordinance (PDO).
2) Severability. If for any reason any one or more articles, sections, sentences, clauses or parts of this Text are held invalid by any court of law or duly authorized public body, such determination shall not affect, impair or invalidate the remaining provisions of this Text, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Text held invalid and the invalidity of any section, sentence, clauses or parts of the Text in any one or more instances shall not prejudice in any way the validity of the Text in any other instance.
3) Future Zoning Applications. A zoning classification (L-C-4) and development standards which are thought to be appropriate are being established for the site with this Limitation Text. Development of the site will occur over an extended period of time and it may be necessary from time to time to augment the development standards and to provide for additional uses which cannot be foreseen but are compatible with the uses allowed. Any portion of the site being rezoned with this application may be rezoned independently or in conjunction with other abutting property in the future.
4). The drawing titled "North Property Line Setback Exhibit", dated and signed 6/17/14 by David B. Perry, Agent, and Donald Plank, Attorney, illustrates required setbacks and permitted building and structure heights, as noted on the referenced drawing. The Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the Plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.