Hudson: Say NO to Re-Zoning ... Vote NO on ISSUE 25!

The developer is counting on the majority of Hudson residents and City officials to be uninformed on the details they have written into the proposed ordinance.

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If you have ANY questions, please contact the Community Development Office of the City of Hudson or us here at Smart Growth nopromenade@smartgrowthhudson.org.

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AN ORDINANCE AMENDING SECTION 1205.01 AND ENACTING

SECTION 1205.15 OF THE ZONING CODE AND AMENDING THE OFFICIAL

ZONING MAP OF THE CITY OF HUDSON BY CHANGING THE ZONING

OF CERTAIN LAND LOCATED ALONG NORTON ROAD, DARROW ROAD AND

HUDSON DRIVE FROM DISTRICT 8, INDUSTRIAL/BUSINESS PARK,

AND DISTRICT 9, DARROWVILLE COMMERCIAL CORRIDOR,

TO DISTRICT 11, RESTRICTED RETAIL DISTRICT

WHEREAS, a majority of the owners of the property described herein wish to have their land rezoned from District 8, Industrial/Business Park, or from District 9, Darrowville Commercial Corridor, to the newly-created District 11, Restricted Retail District; and

WHEREAS, it appears that the zoning that applies to the real property described in the legal description attached hereto is improper under the conditions presently existing and inadequate for the development and use of this land.

What this means: The developers believe that although zoning allows offices, light industry, along with retail and restaurants up to 10,000 sq. ft., it still is inadequate for their development needs. The developer asks us ignore the recommendations of the Comprehensive Plan , the culmination of hundreds of thousands of dollars and thousands of volunteer hours spent to determine the highest and best use for the land in this district.

NOW, THEREFORE, BE IT ORDAINED BY THE ELECTORS OF THE CITY OF HUDSON, COUNTY OF SUMMIT, AND STATE OF OHIO:

Section 1: Section 1205.01 is hereby amended and Section 1205.15 of the Codified Ordinances is hereby enacted to read as follows:

SECTION 1205.01 ESTABLISHMENT OF DISTRICTS

The following zoning districts are hereby established. They may be referred to throughout this Code by their name or district number:

District 1: Suburban Residential Neighborhood

District 2: Rural Residential Conservation

District 3: Outer Village Residential Neighborhood

District 4: Historic Residential Neighborhood

District 5: Village Core District

District 6: Western Hudson Gateway

District 7: Outer Village Commercial Corridor

District 8: Industrial/Business Park

District 9: Darrowville Commercial Corridor

District 10: Ravenna Road Corridor

District 11: Restricted Retail District

Overlay District FFO: Floodplain/Floodway Overlay

SECTION 1205.15, DISTRICT 11, RESTRICTED RETAIL DISTRICT

(a) Purpose.

In order to provide the necessary amenities to effectuate the goals of District 8, a new District, "Restricted Retail District" (and the following rules and regulations) is hereby established.

(b) Uses by-right.

In a Restricted Retail District, no land, building or premises shall be used, and no building or part thereof shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the following uses:

(1) Planned Shopping Center. A single development consisting of multiple retail uses to which all of the following shall apply:

(A) A Planned Shopping Center shall consist of a single and defined site in excess of forty (40) acres and with a total gross building area in excess of 150,000 square feet.

What this means: There is no maximum limit to this development.

(B) A Planned Shopping Center shall have access only on those roadways designated as "Arterial Roads" or "Collectors" as defined by the 1995 Comprehensive Plan of the City of Hudson.

What this means: The developers intend to exploit the millions of dollars in taxes committed by Hudson and Stow to the Norton Road improvements, an investment in infrastructure made to support the higher tax-generating uses of light industry and office parks. Note that the Land Development Code (LDC) identifies several other roads as "arterials" or "collectors" so all are potential locations for this type of development. [See LDC definitions (306) Street, arterial and (307) Street, collector]. Defined arterials in Hudson are Barlow Road, Boston Mills Road, Darrow Road (Rt. 91) , Hines Hill Road, Middleton Road, Norton Road, Seasons Road, Stow Road, Streetsboro Road (Rt. 303). Collector roads are any other roads that are not arterials or local streets.

(C) A Planned Shopping Center site may consist of two or more neighboring properties, regardless of ownership, provided that all such properties are included in, and subject to, reciprocal easement agreements between the owners of such properties so that the entire site included in the Planned Shopping Center will operate the same as if it were all part of one property and under one ownership for functional and code compliance purposes. Such reciprocal easement agreements shall be recorded and binding upon all involved parties, as well as their successors, heirs and/or assigns.

(D) A Planned Shopping Center may consist of multiple retail uses, including all uses-by- right enumerated in this Section 1205.15(b).

(E) All development within a Planned Shopping Center shall be subject to architectural, signage and landscape design criteria and standards approved by the Architectural and Historic Board of Review (hereinafter "AHBR ") and City Council in the manner more fully set forth herein. The AHBR and City Council shall consider materials, colors, architectural style and prototypical design details consistent with other similarly situated developments. Individual identity of retailers shall be encouraged and nationally recognized identification by tenants in Planned Shopping Centers shall be encouraged.

What this means: This effectively re-writes the rules of the Arch Board to require that they accept the standards of the national chain stores, not uphold the standards of Hudson. By this rule, the Arch Board will be required to accept whatever color, size, signage or lighting is the "nationally recognized identifier" of the store or restaurant. Encouraging the appearance of nationally recognized building prototypes is in direct violation of the Architectural Design Standards (appendix D of the LDC). Part III Section III-1(c)(2) requires "the architecture of a commercial building may not act as a recognizable logo for a national corporation or franchise."

(F) For the purposes of lot coverage, setbacks, parking and loading, access and egress, landscaping and all other requirements of this Section, a Planned Shopping Center shall be subject to all such requirements as if it were one parcel under one ownership.

(G) Changes to the number or configuration of properties or buildings within a Planned Shopping Center may occur from time to time subsequent to the original Preliminary Development Plan approval, provided that any such changes are approved by the City Planning Commission (hereinafter "PC") and City Council.

(2) Any and all retail uses, not otherwise prohibited in Section 1205.15(c).

(3) Restaurants, which shall be defined as any establishment primarily devoted to the sale of foods or beverages in a ready-to-consume state.

(4) Professional and business offices.

(5) Banks and savings and loan associations and similar financial institutions, including Automated Teller Machines.

(6) Coffee shops, which may include drive-through sales to the customer in a motor vehicle.

(7) Uses immediately and exclusively accessory to the uses permitted in this District, including, but not limited to, parking and loading; approved signage and/or landscape elements; utilities, maintenance equipment and/or storage facilities as necessary for the proper functioning of permitted uses and wholly enclosed within a permitted building; rooftop mechanical equipment, if totally screened by architectural elements approved as compatible with the building design; and similar uses clearly accessory to a permitted use.

What this means: The uses identified are currently permitted in District 9, except the Comprehensive Plan contemplates them being no greater than 10,000 square feet each, not 50,000 as allowed under this ordinance. Office business parks, and Industrial uses that are permitted under current zoning would be prohibited. This prohibition is in conflict with the comprehensive plan and with findings from many sources (including the Northeast Ohio Regional Retail Analysis) that such uses bring a greater tax return to a community

(1) Automobile sales or service, except as incidental to a primary use of an occupant of a Planned Shopping Center (e.g., installation of automobile telephones or stereos);

(2) Gasoline service stations;

(3) Laundry and dry cleaning plants, except that pickup and drop-off facilities shall be permitted;

(4) Fast food restaurants with drive through service;

(5) Commercial or personal warehousing or storage, except storage incidental to a permitted use; and

(6) Contractors' shops.

(d) Procedure.

(1) Preliminary Development Plan

(A) An applicant who wishes to construct any use-by right in this District shall submit a Preliminary Development Plan to the PC for its review and approval. Such Preliminary Development Plan shall contain the following:

(i) General layout of all building areas, parking areas, Public Areas, drives and service areas;

(ii) Preliminary Landscape Plan, including Preliminary Plan for Public Areas;

(iii) Preliminary Traffic Study, including a plan for all required off-site improvements; and

(iv) Preliminary Site Grading and Utility Plans, including general information regarding limits of disturbance, existing and proposed contours (minimum 2 foot interval), existing utilities, proposed utility routing and connection locations, and storm water management. Such Plans shall also include a stormwater pollution prevention plan and applicable specifications and details.

What this means: Development in every other district is required to meet the requirements of Section 1207, Zoning Development, and Site Plan Standards. This provision is not mentioned here, instead the above is substituted. Section 1207 specifically deals with requirements for commercial development with regard to: impervious surface coverage, tree and vegetation protection, wetland/stream corridor protection, landscaping/buffering, stormwater management / drainage / erosion control, performance standards, adequate public facilities, off-street parking and loading, transportation / circulation / pedestrian linkages, exterior lighting, and signs. There is no requirement that the development meet the application submittal requirements of Appendix A of the LDC. There is no maximum limit to this development. Any parcel of land that is at least 40 acres could request rezoning to this classification.

(B) PC. PC shall have a period, not to exceed one hundred twenty (120) days, to review the Preliminary Development Plan to determine its compliance with the requirements of Chapter 1205.15 of the Code. The 120-day period shall commence on the date of the first PC meeting after the application submittal date, in accordance with the PC submittal guidelines. Within such 120-day review period, PC shall make a recommendation to City Council that it approves the Preliminary Development Plan, it disapproves the Preliminary Development Plan or it conditionally approves the Preliminary Development Plan (such conditions being agreed to by the applicant). If PC does not act within such 120-day period, the Preliminary Development Plan shall be submitted to Council and considered as though the PC recommended approval.

What this means: The Planning Commission will decide if the developer has followed the rules he has written for himself in this ordinance. The Planning Commission has no authority to require any changes to the development plan. The developer can veto or refuse to implement any suggested changes by the Planning Commission. If the developer will not agree to changes, and the Planning Commission does not approve the plan, it moves forward as if it had been approved after 120 days. Our current LDC specifically gives the Planning Commission authority to impose conditions on a development without first gaining a developers consent [1203.01(g)]. The current LDC specifically states that if the Planning Commission does not take action on a matter before it, a plan is deemed denied [1203.01(d)].

(C) City Council. City Council shall have a period, not to exceed sixty (60) days, after receiving the PC's recommendation to review the Preliminary Development Plan. The 60-day period shall commence on the date the PC submits its recommendation to City Councilor upon the expiration of the 120-day period within which PC failed to act. Within such 60-day period, Council shall approve or disapprove such Preliminary Development Plan (or may conditionally approve such Preliminary Development Plan subject to conditions agreed to by the applicant) for compliance with the requirements of this Section 1205.15. If City Council does not act within such 60-day period, such inaction shall be deemed approval of the application.

What this means: City Council will decide if the developer has followed the rules he has written for himself in this ordinance. City Council has no authority to require any changes to the development plan. The developer can veto or refuse to implement any suggested changes by City Council. City Council is bound to facilitate any voter-approved rezoning. A "NO" vote by City Council is really not an option.

(D) In the event PC recommends approval of (or conditional approval of) the Preliminary Development Plan, then a simple majority of City Council is needed to approve or conditionally approve the Preliminary Development Plan. If PC recommends disapproval of the Preliminary Development Plan, then City Council shall need the approval of a super majority (i.e. two-thirds (2/3)) of City Council to approve such Preliminary Development Plan.

(E) Timing. The dates for PC and City Council to act relative to the Preliminary Development Plan may be extended if the applicant approves of such extension in writing.

What this means: The developer, not Council or the Planning Commission, is in the drivers seat on all decisions.

(F) Site Development Permit. Upon receipt of City Council's approval or conditional approval of a Preliminary Development Plan, the applicant shall be granted a site development permit by the appropriate official which will allow the applicant to (i) clear and grade the land encompassed by the development site; (ii) install underground utilities which serve the property; and (iii) install any offsite improvements required by the approved Preliminary Development Plan.

What this means: The current LDC does not define or contain provision for a "site development permit." All other developments in any other zoning district are required to receive all approvals before allowing construction to begin.

(2) Final Development Plan

(A) Within one (1) year after the Preliminary Development Plan has been approved or conditionally approved by City Council, the applicant shall submit a Final Development Plan to the AHBR for its review and approval. Such Final Development Plan shall contain the following prior to the issuance of a zoning certificate:

(i) General layout of all building areas, parking areas, public areas, drives and service areas;

(ii) Final Landscape Plan, including Final Plan for Public Areas;

(iii) Final Traffic Study and Offsite Improvements;

(iv) Site Grading and Utility Plans including detailed information regarding limits of disturbance, existing and proposed contours (minimum one (1) foot interval), building floor elevations, existing utilities, proposed utility routing, sizes, depths, slopes, and connection locations, stormwater management and stormwater pollution prevention plans, details and specifications:

(v) Architectural Elevations of all proposed structures:

(vi) Master Sign Plan; and

(vii) Lighting Plan

(B) AHBR. The AHBR shall have a period, not to exceed sixty (60) days, to review the Final Development Plan to determine its compliance with the requirements of Section 1205.15 of the Code. The sixty-day period shall commence on the date of the first AHBR meeting after the application submittal date, in accordance with the AHBR submittal guidelines. Within such 60-day review period, the AHBR shall make a recommendation to City Council that it approves the Final Development Plan, it disapproves the Final Development Plan or it conditionally approves the Final Development Plan (such conditions being agreed to by the applicant). If AHBR does not take action within such sixty (60) day review period, such inaction shall be deemed approval of the application.

What this means: Architectural and Historic Board of Review (AHBR) will decide if the developer has followed the rules he has written for himself in this ordinance. AHBR has no authority to require any changes to the development plan. The developer can veto or refuse to implement any suggested changes by AHBR. If the developer will not agree to changes, and AHBR does not approve the plan, it moves forward as if it had been approved after 60 days.

(C) City Council. City Council shall have a period of sixty (60) days after receiving AHBR' s recommendation to review the Final Development Plan. The 60-day period shall commence on the date the AHBR submits its recommendation to City Councilor upon the expiration of the 60-day period within which AHBR failed to act. Within such 60-day period, Council shall approve or disapprove such Plan (or may conditionally approve such Final Development Plan subject to conditions agreed to by the applicant) for compliance with the requirements of this Section 1205.15(d)(2)(A).

What this means: City Council will decide if the developer has followed the rules he has written for himself in this ordinance. City Council has no authority to require any changes to the development plan. The developer can veto or refuse to implement any suggested changes by council. If the developer will not agree to changes, and City Council does not approve the plan, it moves forward as if it had been approved after 60 days.

(D) In the event the AHBR recommends approval of (or conditional approval of) the Final Development Plan, then a simple majority of City Council is needed to approve or conditionally approve the Final Development Plan. If the AHBR recommends disapproval of the Final Development Plan, then City Council shall need the approval of a super majority (i.e. two-thirds (2/3) of City Council to approve such Final Development Plan.

What this means: There is no provision for the Final Development Plan to be considered by the Planning Commission. They have been removed from this part of the process.

(E) Timing. The dates for the AHBR and City Council to act relative to the Final Development Plan may be extended if the applicant approves of such extension in writing.

What this means: The Developer will determine the timing of the decision.

(F) Building Permit. Upon receipt of City Council's approval of a Final Development Plan, the applicant shall be granted a zoning certificate which will enable the applicant to apply for a building permit for the Planned Shopping Center or any portion thereof.

(e) Signage and Building/Parking Orientation. In recognition of the unique nature of a Planned Shopping Center and for the users (tenants/retailers) of such Planned Shopping Center, the following requirements shall apply:

(1) Signage: Individual businesses within a Planned Shopping Center shall have signs in accordance with a master sign criteria plan approved by the AHBR and City Council. Such sign plan shall encourage the individualized identification of such business. It shall also allow recognizable signage, trademarks, or logos associated with any such business. Such size and amount of signage for such individual business shall be consistent with other similarly situated developments within Northeast Ohio. Such signs may be internally illuminated and shall meet the following criteria:

What this means: AHBR will be required to approve signage based on what is permitted in Streetsboro, Stow, Howe Road, and Montrose, not what is unique to Hudson.

(A) Identification Signs: The maximum area for any tenant identification sign in a Planned Shopping Center shall be two (2) square feet per linear feet of building frontage for such business. Such signs shall be above the entrance of a tenant in a Planned Shopping Center, may be internally illuminated and may project out of the face from such building. Businesses may utilize a portion of their permitted wall signage for other types of signage such as awnings subject to the review and recommendation of the AHBR and the approval of City Council. Tenants that have multiple walls which front parking fields within a Planned Shopping Center shall be considered a Corner Tenant. Corner Tenants shall be deemed to have two (2) fronts and shall be entitled to a second building identification sign which is seventy-five (75) percent of the size of the main building Identification Sign.

What this means: Much larger signs, including fluorescent, and in far greater number will be allowed under this ordinance. There is no maximum sign size the larger the building, the larger the sign. Hudson currently limits signs to 1.5 square feet per linear foot of building frontage, not to exceed 100 square feet. Internally illuminated signs are prohibited.

(B) Development Sign: A Planned Shopping Center shall have the right to one (1) Development Sign which identifies the Project; provided such sign is located at or near the corner of two (2) "Arterial Roads." The Development Sign shall include the name of the Planned Shopping Center but shall not include the name of any occupant of the Planned Shopping Center. A Development Sign may be placed on a landscaped mound subject to the review and recommendation of the AHBR and the approval of City Council. A Development Sign shall not have a sign area in excess of one hundred (100) square feet and a maximum height of twelve (12) feet, which height shall be determined from the top of the mound of such sign

What this means: The term development sign is not defined in the LDC.

(C) Main Entrance Signs: A Planned Shopping Center shall have a maximum of two (2) Main Entrance Signs. A Main Entrance Sign shall include the name of the Planned Shopping Center but shall not include the name of any occupant of the Planned Shopping Center. A Main Entrance Sign may be placed on a landscaped mound subject to the review and recommendation of the AHBR and the approval of City Council. A Main Entrance Sign shall not have a sign area in excess of seventy five (75) square feet and a maximum height of ten (10) feet, which height shall be determined from the top of the mound of such sign.

What this means: The current LDC does not define a "main entrance sign." A primary ground sign is defined, but limited to one per lot no greater than 40 square feet and only 8 feet above average natural grade.

(D) Additional Entry Signs: All other entrances of a Planned Shopping Center shall have an entry sign which includes the name of the Planned Shopping Center but shall not include the name of any occupant of the Planned Shopping Center. An Additional Entry Sign may be placed on a landscaped mound subject to the review and recommendation of the AHBR and the approval of City Council. An Additional Entry Sign shall not have a sign area in excess of fifty (50) square feet and a maximum height of eight (8) feet, which height shall be determined from the top of the mound of such sign.

What this means: The current LDC allows 2 per entry, but only 2 square feet each and only 3 feet high at average natural grade.

(E) Directional Signage: A Planned Shopping Center may have such additional signage to guide patrons in their direction within such Planned Shopping Center.

What this means: There would be no maximum limit to the number of these signs.

(2) General Parking and Building Orientation: Customer parking in a Planned Shopping Center shall be located, to the extent reasonably practical, in front of the buildings within such Planned Shopping Center. Buildings shall be situated so that the entrances of occupants within the Planned Shopping Center are reasonably convenient to the parking areas in the Planned Shopping Center.

What this means: The developer will be allowed to place a large expanse of asphalt right in front of the shopping center. Based on the parking requirements of 1:250 and the size of the proposed shopping center this lot would be at least 20 acres in size. The current LDC encourages parking areas to be located at the side and rear. Large lots are required to be visually and functionally segmented into several smaller lots.

(A) Parking Ratio: One space for each 250 square feet of floor area, excluding storage and other non-public areas, pursuant to Section 1207.12(f), within a Planned Shopping Center. Because of the unique nature of a Planned Shopping Center, such parking ratio shall be used regardless of the type of occupant within such Planned Shopping Center (i.e., general merchants. office tenants, planned restaurants).

(f) Public Areas. Within any Planned Shopping Center, a minimum of 20% of the area encompassed by such Planned Shopping Center shall be used as gardens, landscaping, children play areas, or other uses open to the public during normal business hours, and subject to reasonable rules and regulations. Notwithstanding the designation as a Public Area, such areas may be used for outdoor dining, kiosks, entertainment and signage, including monument signs, and public art.

What this means: The developer has exempted this use from the calculation of allowable lot coverage

(g) Area, Width and Coverage Regulations.

(1) Maximum Square Footage: In a Restricted Retail District, no separate tenant or occupant of a building, whether in a Planned Shopping Center or otherwise, shall have a ground floor area of more than 50,000 square feet, exclusive of areas dedicated to loading or services which are not open to the general public (such as enclosed rubbish areas).

What this means: This ordinance will permit buildings 5 times the size of what is allowed under the revised Comprehensive Plan. This is completely contrary to the Strategy 1B of the comprehensive plan to "continue to control the footprint size of retail development" and the Key Finding that "large format or big-box retailers are not desirable."

Note the phrase "exclusive of areas ... not open to the general public" -- a store's size could therefore be larger than 50,000 SF!

(2) Maximum Height: The maximum height of any building in a Restricted Retail District shall be no greater than thirty-five (35) feet above the grade level of the main entrance to such building, except (i) architectural elements may extend up to fifty (50) feet above such grade level, provided such elements are specifically approved by the AHBR and City Council; and (ii) any rooftop or other mechanical equipment may exceed such 35-foot limitation; provided such equipment is adequately screened so that it is not visible from the grade level of such building.

What this means: The additional 15 feet proposed for "architectural; elements" would enable the developer to build those false facades that extend above the height of the main building. These are distinctive to many national chains and considered part of their prototypical store so would have the effect of creating the developers desired "anyplace usa" look. Current LDC limits height to 35 feet.

(3) Lot Size: The minimum lot size in a Restricted Retail District shall not be less than two (2.0) acres unless such lot is incorporated into a Planned Shopping Center with cross access and parking rights as more fully provided for in Section l205.15(b)(1)(C). In the event such lot is incorporated into, or otherwise connected to, a Planned Shopping Center, then no minimum lot size restriction shall be required or is applicable.

What this means: This is Piggyback zoning! The district will continue to grow with the purchase of additional parcels. There is no limit to how far this district will crawl down Route 91 or Norton Road. The developer has highlighted an area in excess of 600 acres that he foresees as developable under this ordinance!

(4) Lot Width: The minimum lot width in a Restricted Retail District shall not be less than 200 feet unless such lot is incorporated into a Planned Shopping Center with cross access and parking rights as more fully provided for in Section 1205.15(b)(1)(C). In the event such lot is incorporated into a Planned Shopping Center, then no minimum lot width shall be required or is applicable.

What this means: This is another component of piggyback zoning. The proposed provision to allow expansion of the district by incorporating adjacent lots will allow this type of development to "creep" along Norton Road and Route 91.

(5) "Front Lot Line": In a Restricted Retail District, the front line of a comer lot shall mean the lot line abutting the longer street frontage, which lot line shall be considered the front line.

What this means: This is in conflict with the definition in the LDC where Lot line, front is defined as "the lot line describing the edge of the lot abutting the street to which the lot has access and is oriented for purposes of development. On a corner lot, the lot line abutting the shorter street frontage shall be considered the front lot line.

(6) Lot Impervious Coverage - Buildings: The maximum lot coverage of all principle buildings and accessory buildings above grade in a Restricted Retail District shall not be greater than twenty percent (20%) unless such lot is incorporated into a Planned Shopping Center. In the event such lot is incorporated into a Planned Shopping Center, than the maximum lot coverage of all such buildings shall not be greater than twenty-five percent (25%).

(7) Lot Impervious Coverage - Overall: The maximum lot impervious coverage of all buildings, parking areas and drives in a Restricted Retail District, excluding Public Areas, shall not be greater than eighty percent (80%).

What this means: This increase, from the current 60% to the 80% in this ordinance, will result in over 2 millions square feet of pavement and buildings without any opportunity for input by the City engineers. The current LDC also includes public space in its calculation of impervious surface.

(h) Building Setback Requirements.

(1) Front Building Setback. No permanent structure shall be permitted within twenty-five (25) feet of a public street right-of-way.

What this means: The front of their over 400,000 square foot development with 50,000 square foot buildings of national prototypical architecture and associated signage will be 25 feet off the street.

(2) Side and Rear Building Setbacks

(A) No permanent structure shall be permitted within twenty-five (25) feet of any property line abutting another commercial property.

What this means: Their over 400,000 square foot development with 50,000 square foot buildings of national prototypical architecture and associated signage will be 25 feet off the property line.

(B) No permanent structure shall be permitted within one hundred (100) feet of any property line abutting a residential district.

What this means: Their over 400,000 square foot development with 50,000 square foot buildings of national prototypical architecture and associated signage will be 100 feet off a residential property line. That is less than the average lot width of Hudson homes.

(C) Except for existing historic structures, no permanent structure shall be permitted within forty (40) feet of any property line abutting any public street right-of-way.

What this means: Their over 400,000 square foot development with 50,000 square foot buildings of national prototypical architecture and associated signage will be 40 feet off the street.

(i) Parking Setbacks.

(1) No parking shall by permitted within twenty (20) feet of any property line abutting a public street right-of way.

What this means: Almost 1 million square feet of asphalt will be within 20 feet of the street.

(2) No parking shall be permitted within ten (10) feet of any property line abutting industrial property.

What this means: Almost 1 million square feet of asphalt will be within 10 feet of abutting industrial property.

(3) No parking shall be permitted within fifty (50) feet of any property line abutting a residential district.

What this means: Almost 1 million square feet of asphalt will be within 50 feet of residential property.

(4) No drive, parking area or other pavement intended for vehicular use shall be permitted within ten (10) feet of the front of any building. Drive areas may be located along the rear of all buildings within any parking setback area.

(j) Landscaping and Screening Requirements. Sites for permitted uses in this district shall be designed, constructed and maintained in accordance with the following landscaping and screening regulations:

(1) All areas not developed for building or pavement shall be landscaped in accordance with a detailed landscaping plan submitted at the same time as a request for a Final Development Plan approval and shall be subject to AHBR review and recommendation and approval of City Council.

(2) In addition to grass or other ground cover, landscaped areas shall include vertical plant material.

(3) The parking setback adjacent to any public street shall include a partial visual screen to minimize the motorist's view of parking areas, but such areas shall not be obscured by any such planting. Such screen may include a low earth berm, in addition to plantings.

(4) All loading areas and truck docks shall be screened to the extent deemed reasonable and practical by the AHBR, to minimize visibility from adjacent streets and properties. When adjacent to any residential district property line, such landscape screen shall be as opaque as deemed reasonable and practical by the AHBR.

(5) A minimum of five percent (5%) of the total area devoted to parking and loading shall be landscaped. and shall not include required setbacks. Such landscaping shall include trees, but shall not obstruct the view of motorists within the parking area. All parking rows shall terminate in a curbed, landscaped island, and no parking space shall be more than 200 feet from the nearest landscaped area.

(6) The buffer yard requirements of Section 1207.04 are not applicable to a Planned Shopping Center.

What this means: The City will not be able to hold the developer to the same standard as every other developer is held to. Section 1207.04 sets forth detailed requirements for buffer yards and landscaping to protect abutting properties and minimize the visual impact of development.

(k) Facilities and improvements required to meet landscape, stormwater management and utility relocation requirements shall be permitted within all setbacks.

Section 2: That the Official Zoning District Map of the City of Hudson is hereby amended by changing the zoning of the hereinafter identified land along Norton Road, Darrow Road and Hudson Drive from District 8, Industrial/Business Park, and District 9, Darrow Commercial Corridor, to District 11, Restricted Retail District, as shown on the attached map.

Section 3: That the City Manager be and he hereby is directed to amend said Official Zoning Map of the City of Hudson so that when amended said Official Zoning Map will disclose that the zoning of the Property described in Section 2 hereof has been changed from District 8, Industrial/Business Park, and District 9, Darrow Commercial Corridor, to District 11, Restricted Retail District, and that said Property may thereafter be used in accordance with the use of the District permitted by the Zoning Code of the City of Hudson, as hereinafter modified.

Section 4: That, except as expressly set forth herein, all provisions of Chapter 1205 shall remain in full force and effect.

Section 5: In the event that any provision of Section 1205.15 conflicts with any other provision or requirement of the Code, the terms and requirements set forth in Section 1205.15 shall control.

What this means: Section 1201.08 of the LDC states "When the provisions of this land development code are inconsistent with one another or when the provisions of this Code conflict with the provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern." Basically, the above section affirms that the developers written text negates years of careful study that volunteers, staff and paid consultants have put into crafting our Land Development Code.

Section 6: If any provision of this ordinance, or the application thereof, is held invalid, the invalidity does not affect other provisions or applications of the provision or related provisions which can be given effect without the invalid provision or application, and to this end the provisions are severable.

Section 7: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.

For those in need of the ordinance without explanation, this is a link to the City of Hudson website posting of the ordinance:

http://www.hudson.oh.us/elements/ISSUE%2025--PROPOSED%20ORDINANCE.pdf