Loading...
HomeMy WebLinkAboutPUD OrdinanceOrdinance No. Z- -11 (Docket No. Z) AN ORDINANCE ESTABLISHING THE COCO COMMONS Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289 (the "Carmel Zoning Ordinance provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC §36 -7-4 -1500 et seq.; and WHEREAS, the Carmel Plan Commission (the "Commission has given a favorable recommendation to the ordinance set forth herein (the "Ordinance which establishes the CoCo Commons Planned Unit Development District (the "CoCo Commons District with respect to the real estate legally described in Exhibit 1 "the "Real Estate NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council that, pursuant to IC §36 -7-4 -1500 et seq., it adopts this Ordinance, as an amendment to the Carmel Zoning Ordinance and to the Zone Map. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 The Official Zoning Map of the City of Carmel, a part of the Carmel Zoning Ordinance, is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as CoCo Commons. Section 1.2 Development in the CoCo Commons District shall be governed entirely by (i) the provisions of this Ordinance and (ii) those provisions of the Carmel Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict or inconsistency between this Ordinance and the Carmel Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance, unless the context otherwise requires. CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Primary Uses. A. Permitted uses within this Ordinance are specified in Exhibit 4. (Schedule of Uses). B. Additional use limitations are included in Chapters 4.0, 5.0 and 6.0 of this Ordinance. 1942417v2 Section 2.2 Permitted Accessory Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the permitted primary uses listed in Exhibit 4 shall be permitted, including trash enclosures, Automated Teller Machines (ATMs), and utilities. Accessory uses and accessory structures, if utilized, shall: A. have as their primary purpose serving the occupants, customers or employees of the buildings; and, B. if detached, have on all sides the same architectural features and construction materials, and be architecturally compatible with the principle building(s) with which it is associated. An exception to this requirement would be the material used for a fuel island canopy. A metal canopy would be permitted with the supporting columns faced with a masonry material compatible with the principle building. Section 2.3 Communication Equipment. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. CHAPTER 3.0 GENERAL PROVISIONS. Section 3.1 Minimum Parcel Size. The CoCo Commons District parcel shall have a minimum size of nineteen (19) acres, including rights -of -way. This Section 3.1 does not, however, preclude the safe or other transfer of any lot within the Real Estate after the approval of a Development Plan for the parcel. However, the development of the parcel must still conform to the Development Plan for the Real Estate as approved or amended by the Director or the Plan Commission, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Building Height. All uses, thirty -five (35) feet, except for architectural enhancement appendages that may be a maximum of forty -five (45) feet in height; provided, however, no building shall exceed a height of two (2) stories and no penthouse or other appurtenance shall exceed a height of twenty -one (21) feet above the building parapet. Section 3.3 Minimum Building Height. All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. Section 3.4 Maximum Floor Area Ratio. Maximum Floor Area Ratio (F.A.R.) of the Real Estate shall be 0.25, with the F.A.R. being calculated by dividing the total gross floor area of all buildings on the Real Estate by the (net) area of the Real Estate. Section 3.5 Architectural Design Requirements. 1942417v2 A. Structure Features: Buildings shall incorporate transparent glass /permeable store fronts, context sensitive materials and gable, hip or gambrel roofs, or flat where appropriate for a community vitality node. 2 1942417v2 8. Suitability of building materials: A minimum of three materials shall be used for building exteriors from the following list: stone, brick, architectural metal panels, glass, exterior insulated finish system, ornamental metal. The rear facade of buildings not facing an adjacent public street may incorporate omamental masonry block into the exterior of that facade. C. Building design: All buildings shall be designed with a minimum of eight extemal corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. D. Roof design: Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. E. Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 3.6 Other Requirements. A. Outside Storage of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). B. Loading Berths. Loading or unloading berths or bays visible from any adjacent residential area shall be screened with landscaping, fences, walls and /or earthen berms. C. Mechanical Equipment. Any mechanical equipment visible from an adjoining street or adjacent residential area shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment in Area "A" shall be located on the roof of the building(s) and the required screening shall include noise abatement features. CHAPTER 4.0 AREA "A" SPECIFIC PROVISIONS. This Area, as shown in Exhibit 2, is located on approximately the eastern half of the Real Estate and is intended to be the location of the anchor occupant(s) for CoCo Commons. The proposed anchor may consist of (i) a single occupant in a single large building; (ii) two occupants in a single large building; (iii) three occupants in a single large building; or (iv) two or three occupants in two medium size buildings. Any other type of development of this anchor area shall require Development Plan Approval by the Commission. Section 4.1 Minimum Building Setbacks. The minimum building setbacks shall be as follows: (a) 15 feet from the south right -of -way line of 146`" Street, (b) 15 feet from the east property line, and (c) 25 feet from the south property line. 3 Section 4.2 Minimum Gross Floor Area, A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). B. Accessory structures permitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for all buildings in Area "A" shall be 90,000 square feet. Section 4.4 Landscaping Requirements. 1942417v2 A. Landscape Plan. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (i) shall be drawn to scale, including dimensions and distances; (ii) shall delineate all existing and proposed buildings, structures, parking areas, pedestrian walk -ways, ramps for handicapped, bicycle facilities, terraces, patios, driveways, ground and monument signs, lighting standards, steps or other similar structures; and, (111) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt: a. A greenbelt shall be provided adjacent to the 146 Street right -of- way and shall be a minimum of fifteen (15) feet in width and landscaped per the requirements of Section 4.4.C. b. The greenbelt areas shall be unoccupied except for plant material, steps, pedestrian walk -ways, terraces, bike paths, utilities, driveways, lighting standards, signs and other similar structures (excluding parking). 2. Planting Strip: a. There shall be landscaped planting area located adjacent to the east property line of the Real Estate which shall be a minimum of fifteen (15) feet in width and landscaped pursuant to Section 4.4.0 hereof. b. There shall be landscaped planting area located adjacent to the south property line of the Real Estate which shall be a minimum of 4 1942417v2 twenty -five (25) feet in width and landscaped pursuant to Section 4.4.0 hereof. c. These landscaped areas shall be unoccupied except for plant material, pedestrian walk -ways, terraces, bike paths, utilities, and other similar structures (excluding driveways, lighting standards, signs and parking). 3. Planting Adjacent to Buildings: a. A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). b. Outdoor terraces, patios, sidewalks, loading areas and driveways may be permitted in these areas. c. If a sidewalk, loading area or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting or parking lot landscaping. d. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace or patio area. 4. Planting Within Parking Lots: A minimum of (i) one (1) shade tree and five (5) shrubs or (ii) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 4.4.C.1 for minimum planting area requirements.) 5. Total Landscaping Required: inclusive of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace and patio areas and the planting within surface parking lots, a minimum of ten percent (10 of Area °A shall be landscaped. C. Landscaping Standards. 1. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: Ornamental Trees: Shrubs (only): 9 feet wide 7 feet wide 5 feet wide 5 1942417v2 2. Greenbelts and Planting Strips. The primary landscaping materials used in the greenbelts and planting strip areas, and adjacent to buildings, shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the greenbelts and planting strip areas which includes: Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. 3. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: a. Shade Trees: A minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. b. Ornamental Trees: A minimum trunk diameter of 1.75 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. c. Evergreen Trees: A minimum height of six (6) feet. d. Deciduous Shrubs: A minimum height of twenty -four (24) inches, with no less than six (6) main branches upon planting. e. Evergreen Shrubs: A minimum height and spread of twenty -four (24) inches. D. Landscaping Installation and Maintenance. 1. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the final Certificate of Occupancy. 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse. debris, rank vegetation and weeds. 6 3. Changes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions, 4. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 4.5 Parking Requirements. A. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. B. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). C. The minimum number of parking spaces required for all permitted uses shall be five (5) spaces for each one thousand (1,000) square feet of gross floor area. D. There shall be an appropriate number of parking spaces accessible to the building(s) which are identified as reserved for use by handicapped individuals. These spaces shall meet State requirements. Section 4.6 Lighting Requirements. 1942417v2 A. A Site Lighting Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, landscaping, parking and signage) are submitted. The Site Lighting Plan shall include the layout, spread and intensity of all site lighting, including: 1. Parking lot and service /storage area lighting; 2. Architectural display lighting; 3. Security lighting; 4. Lighting of pedestrian ways; and 5. Landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The height of light standards shall not exceed thirty -five (35) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. D. All parking lot area lighting fixtures shall be of the "shoebox° variety which directs Tight downward. Any parking lot lighting or building lighting illumination emanating 7 from the Real Estate shall not exceed 0.3 footcandle at the east and south property lines of the Real Estate. Section 4.7 Signs. A. Wall Signs. 1942417v2 1. Number Type: The maximum number of wall identification signs permitted shall be six (6) wall signs on the west facade, three (3) wall signs on the north facade and three (3) wall signs on the east facade. 2. Maximum Sign Area: 5% of the east facade, 10% of the north facade and 10% of the west facade. 3. Location: The signs may be located on either the west, north or east facades. 4. Design: All wall signs shall consist of individual letters. 5. Illumination: Internal. 6. Sign Permit: Required. 7. Fees: Required. C. CoCo Commons Identification and Real Estate (Leasing) Signs. 1. Number Type: As approved by an ADLS Sign Program for CoCo Commons. 2. Maximum Sign Area: As approved by an ADLS Sign Program for CoCo Commons. 3. Maximum Height of Sign: As approved by an ADLS Sign Program for CoCo Commons. 4. Location: As approved by an ADLS Sign Program for CoCo Commons. 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. 6. Illumination: Internal or completely shielded. 7. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 8 1942417v2 8. Sign Permit: Required. 9. Fees: Required. D. Other Provisions. Section 25.7.01 "General Provisions" and 25.7.06 25.7.09 "Legal Non Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel Sign Ordinance Z -302, are also incorporated by reference. CHAPTER 5.0 AREA "B" SPECIFIC REGULATIONS. This Area, as shown in Exhibit 2, is located on approximately the east half of the western half of the Real Estate and is intended to be the location of the B -shops for CoCo Commons. The B -shops intended to be located in the single building in the southem half of Area "B will function in tandem with either the (i) additional B -shops or (11) outlot(s) which are intended to be located in the northern half of Area "B The B -shops buildings proposed for Area "B" will have multiple tenants. The northern half of Area "B" may alternatively be developed with one or two outlots. Any other type of development of Area "B" shall require Development Plan Approval by the Commission. Section 5.1 Minimum Building Setbacks. The minimum building setbacks shall be as follows: (a) 15 feet from the south right -of -way line of 146th Street, and (b) 25 feet from the south property line. Section 5.2 Minimum Gross Floor Area. A. All buildings in the southern half of Area "B" shall have a minimum of twenty thousand (20,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). B. Accessory structures permitted need not meet the minimum floor area requirement. Section 5.3 Maximum Density. Maximum gross floor area for all buildings in Area "8" shall be 45,000 square feet, with a maximum of 15,000 square feet in the northern half of Area "B" and a maximum of 30,000 square feet in the southern half of Area "B Section 5.4 Landscaping Requirements. A. Landscape Plan. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (i) shall be drawn to scale, including dimensions and distances; (ii) shall delineate all existing and proposed buildings, structures, parking areas, pedestrian walk -ways, ramps for handicapped, bicycle facilities, terraces, patios, driveways, ground and monument signs, lighting standards, steps or other similar structures; and, (iii) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for 9 1942417v2 plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt: a. A greenbelt shall be provided adjacent to the 146 Street right -of- way and shall be a minimum of fifteen (15) feet in width and landscaped per the requirements of Section 5.4.C. b. The greenbelt areas shall be unoccupied except for plant material, steps, pedestrian walk -ways, terraces, bike paths, utilities, driveways, fighting standards, signs and other similar structures (excluding parking). 2. Planting Strip: a. There shall be landscaped planting area located adjacent to the south property Tine of the Real Estate which shall be a minimum of twenty-five (25) feet in width and landscaped pursuant to Section 5.4.0 hereof. b. This landscaped area shall be unoccupied except for plant material, pedestrian walk -ways, terraces. bike paths, utilities, and other similar structures (excluding driveways, lighting standards, signs and parking). 3. Planting Adiacent to Buildings: a. A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building. b. Outdoor terraces, patios, sidewalks, loading areas and driveways may be permitted in these areas. c. If a sidewalk, loading area or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting or parking lot landscaping. d. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace or patio area. 4. Planting Within Parking Lots: A minimum of (i) one (1) shade tree and five (5) shrubs or (ii) two (2) shade trees shall be planted within each parking 10 1942417v2 lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 5.4.C.1 for minimum planting area requirements.) 5. Total Landscaping Required: Inclusive of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace and patio areas and the planting within surface parking lots, a minimum of ten percent (10 of Area "B shall be landscaped. C. Landscaping Standards. 1. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: Ornamental Trees: Shrubs (only): 9 feet wide 7 feet wide 5 feet wide 2. Greenbelts and Planting Strips. The primary landscaping materials used in the greenbelts and planting strip areas, and adjacent to buildings, shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the greenbelts and planting strip areas which includes: Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. 3. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: a. Shade Trees: A minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. b. Ornamental Trees: A minimum trunk diameter of 1.75 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. c. Evergreen Trees: A minimum height of six (6) feet. d. Deciduous Shrubs: A minimum height of twenty -four (24) inches, with no Tess than six (6) main branches upon planting. 11 Section 5.5 Parking Requirements. 1942417v2 e. Evergreen Shrubs: A minimum height and spread of twenty -four (24) inches. D. Landscaping Installation and Maintenance. 1. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the final Certificate of Occupancy. 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. 3. Changes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. 4. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. A. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. B. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). C. The minimum number of parking spaces required for all permitted uses shall be five (5) spaces for each one thousand (1,000) square feet of gross floor area. D. There shall be an appropriate number of parking spaces, accessible to the building which are identified as reserved for use by handicapped individuals. These spaces shall meet State requirements. 12 Section 5.6 Lighting Requirements. A. A Site Lighting Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design. landscaping, parking and signage) are submitted. The Site Lighting Plan shall include the layout, spread and intensity of all site lighting, including: B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The height of light standards shall not exceed thirty -five (35) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. D. All parking lot area lighting fixtures shall be of the "shoebox" variety which directs light downward. Any parking lot lighting or building lighting illumination emanating from the Real Estate shall not exceed 0.3 footcandle at the south property line of the Real Estate. Section 5,7 Signs. 1942417v2 1. Parking lot and service /storage area lighting; 2. Architectural display lighting; 3. Security lighting; 4. Lighting of pedestrian ways; and 5. Landscape lighting. A. Wall Signs. 1. Number Type: The maximum number of wall identification signs permitted shall be one (1) wall sign on each facade of each tenant space. 2. Maximum Sign Area: 10% of the west, north and east facades and 5% of the south facade. 3. Location: The signs may be located on all facades. Provided, however, no illuminated wall identification sign shall be permitted within fifty (50) feet of the south property line. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: I ntemal. 6. Sign Permit: Required. 7. Fees: Required. 13 1942417v2 C. CoCo Commons Identification and Real Estate (Leasing) Signs. 1. Number Type: As approved by an ADLS Sign Program for CoCo Commons. 2. Maximum Sign Area: As approved by an ADLS Sign Program for CoCo Commons. 3. Maximum Height of Sign: As approved by an ADLS Sign Program for CoCo Commons. 4. Location: As approved by an ADLS Sign Program for CoCo Commons. 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. 6. Illumination: Internal or completely shielded. 7. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 8. Sign Permit: Required. 9. Fees: Required. D. Other Provisions. Section 25.7.01 "General Provisions" and 25.7.06 25.7.09 "Legal Non Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel Sign Ordinance Z -302, are also incorporated by reference. CHAPTER 6.0 AREA "C" SPECIFIC REGULATIONS. This Area, as shown in Exhibit 2. is located on approximately the west half of the western half of the Real Estate and is intended to be the location of either (i) outlots or (ii) additional B -shops for CoCo Commons, or a combination of both. If Area "C" is developed with outlots for CoCo Commons, a maximum of three (3) outlots will be developed, a maximum of two (2) outlots on the north half and a maximum of one (1) outlot on the south half. Each outlot developed in Area "C" may have a single occupant or multiple occupants per building. Any other type of development of this Area "C" shall require Development Plan Approval by the Commission. Section 6.2 Minimum Gross Floor Area. A. All buildings shall have a minimum of two thousand (2,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). B. Accessory structures permitted need not meet the minimum floor area requirement. 14 Section 6.3 Maximum Density. Maximum gross floor area for all buildings on Area "C" shall be 30,000 square feet. Section 6.4 Landscaping Requirements. 1942417v2 A. Landscape Plan. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (i) shall be drawn to scale, including dimensions and distances; (ii) shall delineate all existing and proposed buildings, structures, parking areas, pedestrian walk -ways, ramps for handicapped, bicycle facilities, terraces, patios, driveways, ground and monument signs, lighting standards, steps or other similar structures; and, (iii) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt: a. A greenbelt shall be provided adjacent to the 146 Street and Towne Road rights -of -way and shall be a minimum of fifteen (15) feet in width and landscaped per the requirements of Section 6.4.C. b. The greenbelt areas shall be unoccupied except for plant material, steps, pedestrian walk -ways, terraces, bike paths, utilities, driveways, lighting standards, signs and other similar structures (excluding parking). 2. Planting Strip: a. There shall be landscaped planting area located adjacent to the south property line of the Real Estate which shall be a minimum of twenty -five (25) feet in width and landscaped pursuant to Section 8.4.0 hereof. b. This landscaped area shall be unoccupied except for plant material, pedestrian walk -ways, terraces, bike paths, utilities, and other similar structures (excluding driveways, lighting standards, signs and parking). 3. Planting Adiacent to Buildings: a. A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). 15 1942417v2 b. Outdoor terraces, patios, sidewalks, loading areas and driveways may be permitted in these areas. c. If a sidewalk. loading area or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting or parking lot landscaping. d. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace or patio area. 4. Planting Within Parking Lots: A minimum of (i) one (1) shade tree and five (5) shrubs or (ii) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 6.4.C.1 for minimum planting area requirements.) 5. Total Landscaping Required: Inclusive of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace and patio areas and the planting within surface parking lots, a minimum of ten percent (10 of Area "C shall be landscaped. C. Landscaping Standards. 1. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: Ornamental Trees: Shrubs (only): 9 feet wide 7 feet wide 5 feet wide 2. Greenbelts and Planting Strips. The primary landscaping materials used in the greenbelts and planting strip areas, and adjacent to buildings, shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the greenbelts and planting strip areas which includes: Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. 3. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 16 1942417v2 a. Shade Trees: A minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. b. Ornamental Trees: A minimum trunk diameter of 1.75 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. c. Evergreen Trees: A minimum height of six (6) feet. d. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. e. Evergreen Shrubs: A minimum height and spread of twenty-four (24) inches. D. Landscapin4 Installation and Maintenance. 1. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the fi nal Certificate of Occupancy. 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. 3. Chances After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. 4. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. 17 Section 6.5 Parking Requirements. Section 6.6 Lighting Requirements. 1942417v2 A. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. B. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). C. The minimum number of parking spaces required for all permitted uses shall be five (5) spaces for each one thousand (1,000) square feet of gross floor area. D. There shall be an appropriate number of parking spaces accessible to the building(s) which are identified as reserved for use by handicapped individuals. These spaces shall meet State requirements. A. A Site Lighting Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, landscaping, parking and signage) are submitted. The Site Lighting Plan shall include the layout, spread and intensity of all site lighting, including: 1. Parking lot and service /storage area lighting; 2. Architectural display lighting; 3. Security lighting; 4. Lighting of pedestrian ways; and 5. Landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The height of light standards shall not exceed thirty -five (35) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. D. All parking lot area lighting fixtures shall be of the "shoebox" variety which directs Tight downward. Section 6.7 Signs. A. Wall Signs 1. Number Type: The maximum number of wall identification signs permitted shall be one (1) wail sign on each facade of each Occupant Space. 18 1942417v2 2. Maximum Sign Area: 10% of each facade. 3. Location: The signs may be located on all facades. Provided, however, no illuminated wall identification sign shall be permitted within fifty (50) feet of the south property line. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: I nterna 1. 6. Sign Permit: Required. 7. Fees: Required. C. CoCo Commons Identification and Real Estate (Leasing) Signs. 1. Number Type: As approved by an ADLS Sign Program for CoCo Commons. 2. Maximum Sign Area: As approved by an ADLS Sign Program for CoCo Commons. 3. Maximum Height of Sign: As approved by an ADLS Sign Program for CoCo Commons. 4. Location: As approved by an ADLS Sign Program for CoCo Commons. 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. 6. Illumination: Internal or completely shielded. 7. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 8. Sign Permit: Required. 9, Fees: Required. D. Other Provisions. Section 25.7.01 "General Provisions" and 25.7.06 25.7.09 "Legal Non- Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel Sign Ordinance Z -302, are also incorporated by reference. 19 CHAPTER 7.0 APPROVAL PROCESS. Section 7.1 Approval of ADLS. 1942417v2 A. The Commission shall consider an ADLS approval petition for any building within CoCo Commons. B. The ADLS approval request shall be a speck plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site within the CoCo Commons development. C. The Commission shall approve the ADLS without conditions or approve with conditions. D. If there is a substantial alteration in the approved ADLS plans, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor and material alterations may be approved by the Director. E. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 7.2 Approval or Denial of the Development Plan. A. The Commission shall approve a Conceptual Development Plan (the "DP simultaneously with the approval of this Ordinance, as shown on Exhibit 3. B. The Director shall approve without conditions, approve with conditions, or disapprove the final DP for any project within CoCo Commons; provided, however, that the Director shall not unreasonably withhold or delay his /her approval of a final DP that is in substantial conformance to the conceptual DP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the final DP for any project within CoCo Commons, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the final DP for hearing before the Commission. C. An amendment to a final DP which does not alter the use of any land may be reviewed and approved by the Director. D. The final DP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information. 20 Section 7.3 Approval or Denial of Plats. A. With respect to any portion of the CoCo Commons District, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. Platting or otherwise dividing the Real Estate into smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setback or any other standards of this Ordinance shall be applied, provided that development of the parcels conforms to an approved Development Plan. B. All secondary plats for any portion of the CoCo Commons District shall be approved administratively by the Department, and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms to the corresponding approved primary plat. Section 7.4 Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a waiver of any of the dimensional and quantitative standards of this Ordinance, but not by greater that thirty -five percent (35 of the specified standard. However, any approval of such waiver is subject to all of the following criteria: 1942417v2 A. The proposal must be in harmony with the purposes and the land -use standards contained in this Ordinance. B. The proposal must enhance the overall development plan, the adjoining streetscapes, and the overall CoCo Commons District. C. The proposal must not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the development plan or the CoCo Commons District, and must not adversely affect emergency access or deprive adjoining noncommercial properties of adequate Tight and air. D. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Ordinance. E. This Section does not affect the right of an applicant to petition the Board for a variance from development standards. Section 7.5 Variance of Development Requirements. The Board may authorize Variances from the terms of the Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. 21 CHAPTER 8.0 DEFINITIONS AND VIOLATIONS. Section 8.1 General Rules of Construction; Definitions. 1942417v2 A. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Ordinance: 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. B. Definitions: 1. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. 2. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. 3. Alteration, Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. 4. Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10 of the plan's total area or approved materials. 5. Alteration, Substantial: Any change to an approved plan of any type that involves the revision of ten percent (10 or more of the plan's total area or approved materials. 6. Antenna: A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni directional antenna, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. 7 Area "A That part of the Real Estate located on the approximate east half of the Real Estate, as shown on Exhibit 2. 22 1942417v2 8. Area "B That part of the Real Estate located on the approximate east half of the approximate west half of the Real Estate, as shown on Exhibit 2. 9. Area "C That part of the Real Estate located on the approximate west half of the approximate west half of the Real Estate, as shown on Exhibit 2. 10. Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. 11. Board: The Carmel Board of Zoning Appeals. 12. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. 13. Buildinclor Structure, Front Line of: The line of the face of the building or structure nearest a public street right -of -way line, not counting patios, terraces, etc. 14. Building Height: The vertical distance from the grade at the main entrance to the top of the parapet that comprises the majority of the perimeter of the building. 15. Certificate of Occupancy: A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Ordinance. 16. Commission: The Carmel Plan Commission. 17. Day Care: An organized group program for the care of children away from their own residence for any part of a twenty-four (24) hour day, for compensation or otherwise. 18. Development Plan: A specific plan for the development of real property that is submitted for Commission approval showing proposed facilities, buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. 19. Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. 23 1942417v2 20. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and «Administrator" shall include his /her authorized representatives. 21. Dish: That part of the earth station shaped like a saucer or dish. 22. Dish -Type Receiving Antenna (Earth Station or Ground Station): A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. 23. Financial Institution: Any building wherein the primary occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. 24. Floor Area Ratio (F.A.R.): The gross floor area of all stories of all buildings within the Real Estate divided by the total horizontal area within the Real Estate boundaries. 25. Footcandle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. 26. Front Yard: The side of the Real Estate which is adjacent to the 146 Street right -of -way or to the Towne Road right -of -way. 27. Greenbelt: That portion of the front yard of the Real Estate which is immediately adjacent and parallel to the 146 Street right -of -way or to the Towne Road right -of -way. 28. Gross Floor Area: The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. 29. HVAC: Heating, ventilation and air conditioning equipment. 30. Landscaping: The improvement of the Real Estate with grass, shrubs, trees, other vegetation and /or omamental objects. Landscaping may include pedestrian walks, flower beds, terraces, patios, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. 31. Lot: A portion of the Real Estate intended as a unit for transfer of ownership or development. 32. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, 24 1942417v2 including but not limited to professional offices, business or personal service offices, financial institution offices, sales offices, real estate offices, and governmental offices. 33. Parking Space: An area having a rectangular area of not Tess than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. 34. Planting Strip: A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. 35. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. 36. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. 37. Restaurant: An establishment where food and drink is prepared for, served to and consumed by the general public. The establishment may have an outside seating component. The establishment may have a separate area, or lounge, where alcoholic beverages are served without full food service, provided the area is accessory to the primary use in (i) square feet or (ii) sales. 38. Restaurant, Drive Through: Any restaurant designed to permit or facilitate the serving of food or beverages directly to patrons in or on motor vehicles stopped on the premises. 39. Right- of -Way: An area of land permanently dedicated to the public to provide light, air and access. 40. Setback: The least measured distance between a building or structure and the adjacent public street right -of -way line, the side property line of the Real Estate or the rear property line of the Real Estate. 41. Sian: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel, Ordinance Z -196, as amended. 42. Story: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. 25 45. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. 46. Wall Sion: A sign located on a building facade. Section 8.2 Violations of Ordinance. All violations and enforcement of this Ordinance shall be subject to Chapter 34.0 of the Carmel Zoning Ordinance. 1942417v2 43. Street: A right -of -way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. 44. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. 26 PASSED by the Common Council of the City of Carmel, Indiana, this day of 2011, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths W. Eric Seidensticker Kevin D. Rider John V. Accetturo Richard L. Sharp Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, this day of 2011, at o'clock .M. Approved by me, Mayor of the City of Carmel, Indiana, this o'clock .M. ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This instrument prepared by: Philip A. Nicely, Bose McKinney Evans LLP, 111 Monument Circle, Suite 2700, Indianapolis, IN 46204 1942417v2 Diana L. Cordray, IAMC, Clerk- Treasurer James Brainard, Mayor 27 day of 2011, at LEGAL DESCRIPTION Instrument Number 8616009 Exhibit 1 The West Half of the Northwest Quarter of Section Twenty -one (21), Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana. EXCEPT Instrument Number 2011024920 A part of the West Half of the Northwest Quarter of Section 21, Township 18 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "8 described as follows: Beginning at the northwest comer of said section designated as point "218" on said parcel plat: thence North 89 degrees 20 minutes 16 seconds East 60.00 feet along the north line of said section; thence South 0 degrees 42 minutes 09 seconds East 644,51 feet to the north line of Saddle Creek. Section Twelve, Secondary Plat to the City of Carmel, the plat of which is recorded in Plat Cabinet 3, Slide 308, in the Office of the Recorder of aforementioned county designated as point "132" on said parcel plat; thence South 89 degrees 20 minutes 16 seconds West 60.00 feet along said south line to the west line of said section; thence North 0 degrees 42 minutes 09 seconds West 644.61 feet (644.49 feet per Instrument No. 200000022764) along said west line to the point of beginning and containing 0.888 acres, more or less, inclusive of the presently existing right of way which contains 0.261 acres, more or less, with a net additional taking of 0.627 acres, more or less. ALSO EXCEPT Instrument Number 2000 -22764 Part of the West Half of the Northwest Quarter of Section Twenty-one (21), Township Eighteen (18) North, Range Three (3) East of the Second Principal Meridian in Hamilton County, Indiana more particularly described as follows: Commencing at the Northwest corner of said Half Quarter Section and running South 00 °00'00" West (the bearings of this description are based on an assumed system in which the West line of said Half Quarter Section runs South 00 °00'00" West) on and along the West line of said Half Quarter Section 644.49 feet to the Point of Beginning of this description; thence South 89 °57'35" East parallel with the North line of said Half Quarter Section 1350.76 feet to the East line thereof; thence South 00 °10'42" Weston and along said East line of said Half Quarter Section1986.02 feet to the Southeast corner thereof; thence South 89 °58'23" West on and along the South line of said Half Quarter Section 1344.58 feet to the Southwest comer thereof; thence North 00 °00'00" East on and along the West line of said Half Quarter Section 1987.59 feet to the Point of Beginning, containing 61.468 acres, more or less, subject to easements, rights -of -way, and restrictions. 1942417v2 28 Exhibit 4 Schedule of Uses 1942417v2 31 P Permitted A Accessory 'Blank" Prohibited USE AREAS Type of Use AREA "A" Anchor Area AREA "B" B -Shop Area AREA "C" Out -Lot Areas Residential Uses Single Family Dwelling Two Fa Multiple Family Dwelling (Apartment) Mobile Home Court Attached Dwelling Home Occupation Residential Kennel Bed Breakfast Inn Model Horne Guest House Bona Fide Servants Quarters Boarding or Lodging House Nursing/Retirement /Convalescent Facility Private Swimming Pool, etc. Office Uses Clinic or Medical Health Center P P P Research Laboratory /Facility General Offices P P P Professional Office P P P Hospice Training Facility Institution Uses Church/Temple /Place of Worship P P P Hospital Library Penal or Correctional Institution Post Office Power Generating Plant Public Service Facility P P P Commercial Sewage or Garbage Disposal Plant Water Management Use Facility Exhibit 4 Schedule of Uses 1942417v2 31 P Permitted A Accessory 'Blank" Prohibited Exhibit 4 Schedule of Uses 1942417v2 32 P Permitted A Accessory "Blank" Prohibited USE AREAS Type of Use AREA "A" Anchor Area AREA "B" B -Shop Area AREA "C" Out -Lot Areas Educational Uses School, Trade or Business P P P College or University Day Nursery /Day Care P P Kindergarten /Preschool P P School of Gen Elementary or Secondary Ed. Retail Service Uses General Retail Sales P P P Lumber /Building Materials Sales (enclosed) General Service P P P Automobile Service Station P Automobile /Boat Sales Automobile/Truck Repair (indoor) Manufactured Housing Sales Car Wash P Commercial Kennel Dry Cleaning Establishment (with on -site plant) Dry Cleaning Establishment (w /o on -site plant) P P Equipment Sales /Repair (indoor) Financial Institution P P P Automated Teller Machine (ATM) P P P Food Stand P P P Funeral Home /Mortuary/Crematory Recreational Vehicle /Mobile Home Sales Roadside Sales Stand Self Service Laundry Sexually Oriented Business Veterinary Hospital with commercial kennel Veterinary Hospital without commercial kennel P P Wholesale Sales Exhibit 4 Schedule of Uses 1942417v2 32 P Permitted A Accessory "Blank" Prohibited Exhibit 4 Schedule of Uses 1942417v2 33 P Permitted A Accessory "Blank" Prohibited USE AREAS Type of Use AREA "A" Anchor Area AREA "B" B -Shop Area AREA "C" Out -Lot Areas Cultural /Entertainment Uses Art Gallery P P Art Music Center P P Carnivals, Fairs, Circuses, etc. Hotel Hotel (Full Service) Indoor Theater P Outdoor Theater Catering Establishment P P P Restaurant, without drive -thru food sales P P P Restaurant, with walk -up /drive -thru food sales P P Meeting or Party Hall Museum Stadium or Coliseum Tavern/Night Club P P Industrial Uses Printing/Publishing Establishment P P Agricultural Uses Commercial Greenhouse Raising /Breeding of Non -Farm or Exotic Animals Feed Store Plant Nursery Grain Elevator General Agriculture (Farm) P P P Horse Farm Recreational Commercial Recreational Facility, Indoor P P P Commercial Recreational Facility, Outdoor Community Center Country Club Golf Course Health /Fitness Facility P P P Exhibit 4 Schedule of Uses 1942417v2 33 P Permitted A Accessory "Blank" Prohibited Exhibit 4 Schedule of Uses 1942417v2 34 P Permitted A Accessory "Blank" Prohibited USE AREAS Type of Use AREA "A" Anchor Area AREA "B" B-Shop Area AREA "C" Out -Lot Areas Recreational Cont, Private Club or Lodge Private Recreational Facility P P P Riding Stable Park, Public Shooting Gallery Miscellaneous Artificial Lake or Pond (non- platted) Cemetery Historic Site Tem porary Uses Construction Facility P P t✓' Display, Outdoor P P P Model Home Sales, Outdoor P P P Sales, Seasonal Outdoor P P P Special Event, Outdoor P P P Transportation Communication Uses Antenna Collocated Antenna P P P Radio and /or Television Studio Radio/Television Transmission Antenna Radio/Television Transmission Tower Tower Wireless Telecommunications Antenna P P P Wireless Telecommunications Service Tower P P P Motor Bus or Railroad Passenger Station Private Airplane Land /Service Facility Private Helicopter Landing /Service Facility Commercial Parking Lot Private Parking Area A A A Truck Stop Exhibit 4 Schedule of Uses 1942417v2 34 P Permitted A Accessory "Blank" Prohibited