Ord 2013-026/Approving amended and restated PDD for the McCarty Commons

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located along or at the intersection of major collectors or thoroughfares to accommodate high traffic volumes generated by general retail uses. 3.2.3 Authorized Uses. Except as indicated below, all permitted and conditional uses by right permitted within this zoning district per LDC Table 4.3.1.2 are allowed, including Multi - Family (Apartments), Single Family Detached House, Single Family Townhouse (Attached), and Single Family Zero Lot Line /Patio Homes. The following uses are specifically prohibited as either a Permitted or Conditional Use: (1) Check Cashing Service, (2) Call Service Center, (3) washateria /laundry (self serve), (4) Studio Tattoo or Body Piercing, (5) Carwash (self service, full service or automated), (6) Tire sales (outdoors /storage), (7) Bingo Facility, (8) Pawn Shop, and (9) Temporary Outdoor Retail Sales /Commercial Promotion, and (10) Auto Dealer, Used Auto Sales. Any commercial or hotel use with on -site consumption of alcoholic beverages will be subject to the conditional use permit requirements in accordance with LDC Section 4.3.4.2. 3.2.4 Parking Regulations. All properties directly adjacent to open space in Sub -Area "E" with parking areas will provide signage stating that parking is allowed for use of the Parkland and should be located as close as possible to any trail head locations. Such Parkland parking areas will not be counted against the parking requirement for any land use and the number of Parkland parking spaces in any location shall be determined at the time of either site plan application or preliminary plat application, whichever occurs first. 3.2.5 Public Restrooms and Drinking Fountains. Each subarea adjacent to the open space in Subarea "E" shall provide directional signage where public restrooms and drinking fountains are available for users of the Parkland and shall be located as close to any trail head areas as possible. 3.3 Requirements for Sub -Area "E" 3.3.1 Base Zoning. The base zoning district is (P): Public and Institutional District 3.3.2 The (P) Public and Institutional District is intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, state colleges and universities. The review of the location for public facilities is intended to facilitate the coordination of community services while minimizing the potential disruption of the uses of nearby properties. This district is intended for properties used, reserved, or intended to be used for a civic or public institutional purpose or for major public facilities. 3.3.3 Authorized Uses. No Permitted and Conditional uses within this zoning district per LDC Table 4.3.1.2 are allowed except the following: (1) Park and /or Playground (Private), (2) Park and /or Playground (Public) and (3) baseball fields and soccer fields for practice only (not lighted). 3.3.4 Open Space Regulations. The Owner will designate as open space approximately 57.5 acres of property as depicted as Sub -Area "E" on the Concept Plan attached hereto as Exhibit "B ". A recreation easement shall be dedicated for the Open Space area by either a final plat or separate instrument approved by the City Attorney concurrent with or prior to the first final plat for either Sub -area "C or "D ". The Open Space will be maintained by a property owners association (the "POA ") created by the Owner for the administration of all of the Development, save and except Sub - Area "A -1 ", which is not required to be subject to the POA and the governing documents of the POA. The documents forming the POA will be subject to approval by the City Attorney, and the Owner will submit the final approved version to be filed in the public records before or at the same time as the first final subdivision plat for