P PIN: 4681 -02 3931 and p/o 4671 81 5515 A Z R P...

Case Z (CD)-20-18

Staff Report ______________________________________________ Planning and Zoning Commission DATE: November 20, 2018 DESCRIPTION: “Oaklawn aka Motley”

Zoning Map Amendment from Cabarrus County LDR (Low Density Residential) to City PUD (Planned Unit Development )

CASE NUMBER: Z(CD)-20-18 APPLICANT Nicholas Parker, Amicus Partners LLC LOCATION: North side of the Poplar Tent & Harris Rd Intersection PARCEL PIN: 4681-02-3931 and p/o 4671-81-5515 AREA: 33.2 Acres +/- ZONING: County LDR (Low Density Residential) REPORT PREPARED BY: Starla Rogers, Planning and Development Manager BACKGROUND The subject property is located on the north side of the Poplar Tent Rd and Harris Rd intersection. It is currently two separate parcels. The portion of the parcel owned by the Hensley Family, located on Poplar Tent Rd, is currently vacant and predominately wooded. The larger parcel on Harris Rd, owned by the Motley family, is occupied by a single-family residence and various accessory structures. The single-family structure is known as “Oaklawn” was built in 1836. Although the structure and the site are not designated as local landmarks or on the National Register of Historic places, the home should be recognized for its historic significance in Cabarrus County. According to The Historic Architecture of Cabarrus County, written by Peter Kaplin, the property on which it the residence sits was the birthplace of Israel Pickens who moved to Alabama and became the state’s first elected governor. The home was built later in 1836 by a local and well known doctor, Edwin Harris. Although the structure has been altered over time, it still retains the unusual five bay second story façade, centralized porch, interior Federal-Greek Revival design details, along with other architectural features. HISTORY The subject property was annexed by City Council on September 13th 2018 and a City zoning designation must now be applied. During the annexation process the applicant voiced the intention to have the property rezoned to PUD (Planned Unit Development) for the development of a multi-family (apartment), single-family attached (townhome), and office/commercial development. Not only is the applicant looking at the subject site as PUD, but is also looking at

Case Z (CD)-20-18

the intersection as a whole for PUD qualification. As developer of the southern and eastern corners, with potential for developing the western, he has stated his intention of developing all four (4) corners as an, interconnected and walkable PUD by adding pedestrian access across the two DOT roads. SUMMARY OF REQUEST The applicant has submitted a site plan, technical data sheet, and multi-family renderings as conditions of the rezoning request. The total number of residential units for the project, including apartments and townhomes, is 438. Total proposed development on the site is 296 multifamily units, 142 attached residential units and a minimum of 8,120sf of commercial/office. As shown on the site plan, the multi-family use would be at the center of the development, on the corner of Poplar Tent and Harris roads. A four (4) story cornerstone building, able to house 70-80 units, is proposed directly at the intersection (see attached rendering). Five (5) additional buildings, able to contain 24 units each, are proposed on the north and northeast side of the cornerstone structure and will be a maximum of three (3) stories tall. Finally, eight (8) apartment buildings, with 12 units each are proposed directly adjacent to the Fullerton Place neighborhood. All but one of these structures shall not exceed two (2) stories in height. The developer has stated that the intent is to incrementally decrease and transition the structure height from the intersection toward the existing/adjoining single-family detached of the Fullerton Place neighborhood for compatibility. A 16ft wide buffer is proposed between the multi-family and adjacent Fullerton Place neighborhood. The buffer would consist of an 8ft tall berm, planted with evergreen trees to accomplish visual separation at the ground level. A rendering of the Capstone building at the corner and conceptual renderings for the other apartment structures have been submitted. Corresponding with the provided images is the information in the Technical Data Sheet which states that exterior building materials shall consist of a combination of the following materials: Cementous fiber board, vinyl, stucco, brick, ground face block, split face block, spandrel glass, precast concrete, precast stone, stone (natural or synthetic or wood (natural or synthetic). Upon technical development staff will evaluate the elevations to ensure compatibility with the submitted conceptual renderings in conjunction with the Technical Data Sheet. A total of 142 single-family attached (townhome) units are proposed on either side of the apartment structures, with 58 on the Poplar Tent Rd side and 15 abutting the Fullerton Place neighborhood. All single-family attached residences in this section of the development are shown to be frontloaded. The remaining 84 single-family attached units are located on the Harris Rd side, with 35 adjacent to the Fullerton Place neighborhood. A total of 40 of these are frontloaded and the remainder are alley loaded as shown on the site plan. Sheet C-2.1 illustrates the layout of the townhomes related to the alleyways between structures. The alleyways are proposed to consist of pervious pavers rather than concrete or asphalt and pocket parks are proposed between some of the eastern most single-family attached units. A 24ft wide buffer is proposed between both sections of single-family attached and the adjacent neighborhood. The buffer will also provide an 8ft tall berm with evergreen trees to provide visual separation at the ground level. Total density for the project at 438 units is +/- 13.26 du/a. The project is within two land use categories; “Village Center” and Suburban Neighborhood.” Total density allowed in the “Village Center” Land Use Category is 30 du/a and 6du/a for the Suburban neighborhood. Calculating density using two methods; overall site or by the development on the land within each category leaves the project below the maximum density permitted in both cases.

Case Z (CD)-20-18

A commercial component is also proposed for this project. +/- 6,120sf of office/retail is shown on the first floor of the multi-family building closest to Harris Rd. This building will be the only 12 unit structure to be 3 stories. An additional +/- 2,000sf of office/retail is proposed within the “Oaklawn,” formally residential, structure. The applicant has proposed to relocate the “historic” Oaklawn” structure and to the greatest extent possible, apply preservation measures during redevelopment. The applicant has also proposed to limit the uses within the PUD to those allowed in the C-1 (Light Commercial) zoning classification with the elimination of the following uses: funeral home, motion picture theatre (indoor), vehicle sales/lease, and outdoor recreation. A PUD requires 20% open space is required for PUD ( Planned Unit Developments). The applicant has provided +/- 10.10 acres or 30.5% open space for the site. Open space includes an amenity area for the apartments, including a pool, a dog park, pocket parks, and various areas of greenspace. A portion of the northwestern most corner of the property will be dedicated to the City of Concord for a greenway connection. The applicant has proposed to install a 10ft wide multi-use path rather than a sidewalk along Harris Road. The multi-use path would provide 10 feet of pavement with 5 ft of landscaping on either side. The applicant’s intent is for the multi-use path to better connect the existing Hector H. Henry II Greenway to the Clark Creek greenway. The multi-use path will allow higher quality multi-modal movement between greenways than would occur with a standard five (5) foot wide sidewalk, closer to the street. A “Final Mitigation Measures” sheet has been submitted by the applicant, related to the required traffic improvements determined by the Traffic Impact analysis. The highlighted sections are the improvements associated with the subject property’s development. The letter submitted by Cabarrus County Schools indicates that at the time of annexation, the proposal would create 87 elementary students, 43 Middle School Students, and 58 high school students. That number may have a slight increase as the project has added 10 more townhomes since the annexation’ draft site plan was presented. Prior to approval of this development, redistricting assisted in opening more seats for elementary school students. However, the middle schools and high schools remain over capacity.

Existing Zoning and Land Uses Zoning of Subject

Property Zoning Within 500 Feet

Land Uses(s) of Subject Property

Land Uses Within 500 Feet

Cabarrus County LDR

(Low Density Residential)

North

City RM-2 (Residential

Medium Density) and City RM-2-CU

(Residential Medium Density Conditional Use)

County O-I (Office Institutional)

Vacant/Single-family

detached residential

North Single Family

detached, Vacant, School

East City RM-1 (Residential

Medium Density) and County

East Single-family detached

residential

Case Z (CD)-20-18

South City C-2 -CU (General

Commercial Conditional Use)

and PUD (Planned Unit Development) County LDR (Low

Density Residential)

South

Single family residential,

Townhomes, Commercial

West County LDR (Low Density

Residential) and City RV-CU (Residential

Village Conditional Use)

West Single-family detached residential, and vacant

COMPLIANCE WITH 2030 LAND USE PLAN The 2030 Land Use Plan (LUP) designates the subject properties as “Village Center” and “Suburban Neighborhood,” with PUD (Planned Unit Development) being a corresponding zoning classification to both land use categories. Applicable Details From the 2030 Land Use Plan: LUP Section 5.2 “General Land Use Challenges and Opportunities” Fostering infill and redevelopment: A key element of the City’s character is the combination of traditional neighborhood development patterns and newer, more suburban development patterns. Where compatible, infill and redevelopment should be targeted in key areas that have the infrastructure and community facilities in place to absorb the additional intensity,. Infill is most desirable within identified Mixed-use Activity Centers, Village Centers and Urban Neighborhoods. LUP Section 5.2 “Providing adequate recreational facilities for an expanding population.” The City of Concord will endeavor to improve its standing among its peer communities in the categories of Trail Miles per 1,000 Residents and Total Park Acres per 1,000 Residents by identifying and acquiring future park sites and encouraging Mixed-Use Activity Centers to include live, work and play elements during the development review process. LUP Objective 1.5: Foster an attractive and functional mix of living, working, shopping and recreational uses within Mixed Use Activity Centers and Village Centers. Policy Guidance for Objective 1.5

• Mixed-Use Zoning: Ensure that applicable zoning districts and development regulations facilitate development of a mix of compatibly integrated residential and non-residential uses within each Mixed-Use Activity Center and Village Center.

• Land Use Transition: Encourage land use transitions and development that foster physical continuity.

SUGGESTED STATEMENT OF CONSISTENCY • The subject property is approximately 33.02 Acres +/-.

Case Z (CD)-20-18

• The 2030 Land Use Plan designates the subject properties as “Village Center” and “Suburban Neighborhood,” with PUD (Planned Unit Development) being a corresponding zoning classification to both land use categories.

• The subject property consists of 1 full parcel and a portion of a 2nd parcel. These parcels

were voluntarily annexed on September 13th, 2018.

• The proposed zoning amendment is consistent with the 2030 Land Use Plan (LUP) because the proposed zoning of PUD (Planned Unit Development) is a consistent zoning for the Land Use designations of “Village Center” and “Suburban Neighborhood.” The proposal offers a mix of uses, taking into account the other corners of the intersection, also within the “Village Center” land use category, focusing on a larger scale development and the bigger picture rather than one corner as a standalone project. The project also meets the criteria of the Land Use Plan by focusing on multi-modal methods of transportation and locating higher density and intensity uses along major thoroughfares such as Poplar Tent and Harris Road. The LUP also states that “emphasis should be given to pedestrian oriented development and interconnectivity between uses within the Village Center and out to the surrounding residential areas.” Finally, by proposing bermed evergreen buffers between the more intense land uses proposed and the developed single-family detached residential to the north.

• The zoning amendment is reasonable because the proposal includes uses that are

permissible within the land use designations, provides more open space than the minimum required and creates pedestrian connections with the proposed multi-use path along Harris Road, potential connections to adjacent property and the sidewalk along Poplar Tent Road. Furthermore the project proposes limited commercial uses which will serve to reduce vehicular trips to service uses outside the boundary of the project.

SUGGESTED RECOMMENDATION AND CONDITIONS The staff finds the request consistent with the 2030 Land Use Plan and the requirements of the Concord Development Ordinance. The staff (and Development Review Committee) has no objections to the petition. Because this petition is a conditional district request, the Commission, should they decide to approve the request, may, according to Section 3.2.8.E of the CDO, suggest “reasonable additional conditions or augment those already provided with the petition, but only those conditions mutually agreed upon by the petitioner and the Commission or Council may be incorporated into the approval. Any such condition should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, storm water drainage, the provision of open space and other matters that the Commission or Council may find appropriate.” The petitioner has consented to the following conditions:

1. Compliance with the “Oaklawn Development Phases 1,2, and 3” site plan and landscape plans dated 11/15/18.

2. Compliance with the Technical Data Sheet Dated 11/15/18. 3. Compliance with the multi-family elevations dated 11/15/18. 4. Uses for the commercial component shall be limited to all uses within the C-1

(Light Commercial) zoning district with the exclusion of: 5. Technical site plan approval shall be required.

Case Z (CD)-20-18

PROCEDURAL CONSIDERATIONS This particular case is a rezoning to a conditional district, which under the CDO, is “legislative” in nature. Legislative hearings DO NOT require the swearing or affirming of witnesses prior to testimony at the public hearing.

HARRIS RD

POPLAR TENT RD

BRIDGEFORD DR NW

DONELE

A LN

NW

RUTLEDGE RIDGE DR NW

DARBY CREEK AVE NW

LOLABRIDGE STNW

FLOWER BONNET AVE NW

NORT

HCHASE DR

SHEARWATER AVE NW

FERN DANCER CT NW

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community

²

Z(CD)-20-18 Amicus Partners, PLLC

north corner of the Poplar Tent Rd and

Harris Rd intersection

Cabarrus County LDR (Low Density Residential) to

City of Concord PUD (Planned Unit Development)

PINs 4681-02-3931 and p/o 4671-81-5515

Source: City of ConcordPlanning Department

These maps and products are designed for generalreference only and data contained herein is subject to change. The City Of Concord, it's employees or agents make no warranty of merchantability or fitness for any purpose, expressed or implied, and assume no legal responsibility for the information contained therein. Data used is from multiple sources with various scales and accuracy. Additional research such as field surveys may be necessary to determine actual conditions.

Disclaimer

Aerial Map

County LDR

County LDR

County OI

County LDR

HARRIS RDPOPLAR TENT RD

BRIDGEFORD DR NW

DONELE

A LN

NWDARBY CREEK AVE NW

SHEARWATER AVE NW

HOPE STDOWLING ST NW

FERN DANCER CT NW

FONTANA CT SW

²






PINs 4681-02-3931 and p/o 4671-81-5515



Disclaimer

Zoning Map

HARRIS RDPOPLAR TENT RD

BRIDGEFORD DR NW

NORTHCHASE DR

SAMUELS WAY DR

SHEARWATER AVE NW

DONELE

A LN

NW

DARBY CREEK AVE NW

SKIPPING ROCK LN NW

FLOWER BONNET AVE NW

MOSS

DR

LOLABRIDGEST

NW

HOPE STMARTHAS VIEW DR

REFLECTION AVE NW

MARTHAS VIEWDR NWAMBERCREST CT NW

DOWLING ST NW

FERN DANCER CT NW

FONTANA CT SW

MALDEN ST NW

²






PINs 4681-02-3931 and p/o 4671-81-5515



Disclaimer

LUP Map

LegendSuburbanNeighborhoodVillageCenter

100' PERPETUAL

SANITARY SEWER R/W

Deed Bk. 2173, Pg. 330

APPROXIMATE 100 YEAR

FLOODLINE AS SCALED

FROM FEMA FLOOD MAP

APPROXIMATE FLOODLINE

RIM: 614.77

IN: 597.52

OUT: 597.42

PERMANENT

DRAINAGE EASEMENT

Deed Bk. 6431, Pg. 102

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FULLERTON PLACE HOA INC

DB: 10311 PG: 335

ZONING: RM-2

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DB: 10311 PG: 335

ZONING: RM-2

N/F

M/I HOMES OF CHARLOTTE, LLC

DB: 10639 PG: 205

ZONING: CURM-2

PRELIMINARY

PLAT

C-0.0

Sheet No:

Sheet Title:

Drawn By:

Checked By:

Revisions:

Project Number:

Date:

Seals:

STOP

GENERAL NOTES:

1. DRIVEWAY ACCESS AND TYPE HAS BEEN DETERMINED DURING TIA.

2. DEVELOPER TO IMPROVE HARRIS ROAD AND POPLAR TENT ROAD AS REQUIRED BY NCDOT DRIVEWAY PERMIT. CURB

AND GUTTER REQUIRED ALONG FRONTAGE

3. TOTAL OFFICE/RETAIL TO BE MINIMUM 5,000 SF, MAXIMUM 10,000 SF.

4. MULTI-FAMILY DEVELOPER TO PROVIDE MAIL SERVICE INSIDE SIGNATURE BUILDING AT CORNER OF POPLAR TENT AND

HARRIS ROAD.

5. DEVELOPMENT OF THIS PROJECT SHALL BE GOVERNED BY THIS TECHNICAL DATA SHEET, THE CONCORD

DEVELOPMENT ORDINANCE (THE "CDO). AND THE CONCORD TECHNICAL STANDARDS MANUAL: HOWEVER, IT SHOULD BE

NOTED THAT CERTAIN ELEMENTS OF THE PROJECT, INCLUDING BUT NOT LIMITED TO, TYPICAL STREET SECTIONS,

TYPICAL ALLEY SECTIONS, LANDSCAPING, AND UTILITY PLACEMENT ARE UNIQUE TO THIS PROJECT. IT SHOULD BE NOTED

THAT SUCH ELEMENTS THAT DO NOT MEET THE CURRENT TECHNICAL STANDARDS WILL BE APPROVED AS PART OF THIS

CONDITIONAL REZONING AND THE PRELIMINARY PLAT.

5. THIS MASTER PLAN PROVIDES A BLEND OF ATTACHED SINGLE-FAMILY RESIDENCES (TOWNHOMES), MULTI-FAMILY

UNITS AND LIMITED COMMERCIAL SPACE. THE INTENT HOWEVER, IS TO CREATE A MIXED-USE COMMUNITY THAT

PROVIDES RESIDENTS WITH ENHANCED AND ALTERNATIVE MODES OF TRANSPORTATION INCLUDING WALKING AND

BICYCLING. THE PETITIONER DESIGNED THE PROJECT TO IMPROVE MOBILITY (BOTH PEDESTRIAN AND VEHICULAR) NOT

ONLY WITHIN THE PROPOSED COMMUNITY BUT ALSO WITH THE ADJACENT COMMUNITIES THRU NEIGHBORHOOD

CONNECTIVITY, DEVELOPMENT OF MULTI-USE PATHS TO CONNECT GREENWAYS AND IMPROVEMENTS AT THE

INTERSECTIONS OF POPLAR TENT AND HARRIS TO CONNECT OTHER COMMERCIAL AND RESIDENTIAL NODES.

6. ACCESS AND CONNECTIVITY SUBJECT TO APPROVAL BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

(NCDOT), THE PROJECT WILL BE ACCESSED THROUGH CONTROLLED DRIVEWAYS ALONG POPLAR TENT ROAD AND HARRIS

ROAD. THE LOCATION AND DESIGN OF ACCESS POINTS WAS DETERMINED BY A TRAFFIC IMPACT ANALYSIS COMPLETED BY

KIMLEY-HORN AND APPROVED BY BOTH THE CITY OF CONCORD AND NCDOT.

7. THE PETITIONER HAS COMPLETED A TRAFFIC IMPACT ANALYSIS (TIA) FOR THE PROJECT. THE TIA HAS BEEN APPROVED

BY THE NCDOT AND THE CITY OF CONCORD AND THE IMPROVEMENTS REQUIRED THEREIN SHALL BE COMPLETED IN

PHASES AS REQUIRED. EACH PHASE OF IMPROVEMENTS SHALL BE COMMENCED PRIOR TO THE ISSUANCE OF A FINAL

CERTIFICATE OF OCCUPANCY FOR BUILDINGS WITHIN THAT PHASE.

8. STORMWATER RUNOFF FROM THE PROJECT WILL BE MANAGED THOUGH PROVEN BEST MANAGEMENT PRACTICE (BMP)

TECHNIQUES WHICH SATISFY THE STANDARDS IMPOSED BY THE CITY OF CONCORD AND NCDEQ AS OUTLINED IN THE

CITY'S STORMWATER ORDINANCE. PETITIONER SHALL, UPON COMPLETION OF THE STORM WATER FACILITIES, ESTABLISH

AN ENTITY OR ASSOCIATION TO MAINTAIN OR CAUSED TO BE MAINTAINED SAID FACILITIES AS REQUIRED BY THE CITY.

9. UPON APPROVAL OF THIS REZONING PETITION AND CORRESPONDING CONSTRUCTION DOCUMENTS, THE DEVELOPER

SHALL DEDICATE A "TO-BE-DETERMINED" AREA OF LAND AT THE NORTHEAST CORNER OF THE PROJECT TO THE CITY OF

CONCORD FOR CONTINUATION OF THE ROCKY RIVER GREENWAY.

10. AS PART OF THE CONDITIONAL REZONING, THE DEVELOPER SHALL INSTALL A 10'FOOT MULTI-USE PATH ALONG THE

FRONTAGE OF HARRIS ROAD. THE MULTI-USE PATH SHALL BE CONSTRUCTED INSIDE THE HARRIS ROAD FUTURE

RIGHT-OF-WAY. THE DEVELOPER WILL COORDINATE WITH THE CITY OF CONCORD ON THE EXACT DESIGN SPECIFICATIONS

OF THE MULTI-USE PATH INCLUDING SURFACE, ALIGNMENT, AND LANDSCAPING.

NRP

EML

17-18-072

11-15-2018 Preliminary Plat

11-15-2018

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ZONING CODE SUMMARY

PROJECT NAME: OAKLAWN DEVELOPMENT

PROPERTY OWNER: NOW OR FORMERLY BOBBIE CANNON MOTLEY,

DWAYNE N HENSLEY, ALAN M HENSLEY, GLENNA T HENSLEY

PARCEL P.I.N. 4681023931, 7.99 AC PORTION OF 4671815515

PLAT PREPARED BY: AMICUS PARTNERS, PLLC

PHONE: 704-573-1621

PROPOSED USE(S): SINGLE FAMILY ATTACHED, MULTI-FAMILY, COMMERCIAL (MIXED USE)

AREA OF TOWN HOME BUILDING COVERAGE: 184,292 SQ. FT (ALL PHASES)

AREA OF MULTI-FAMILY BUILDINGS: 122,410 SQ.FT (PHASE 1)

AREA OF ROAD, PARKING, AND ALLEY COVERAGE: 249,158 SQ.FT (ALL PHASES)

AREA OF SIDEWALK/TRAIL COVERAGE: 41,752 SQ.FT (ALL PHASES)

ASSUMED AREA OF SIDEWALK PER LOT: 100SF X 142 = 14,200 SQ.FT (PHASES 2 AND 3)

ASSUMED DRIVEWAY AREA: 200SF X 142 = 28,400SQ.FT (PHASES 2 AND 3)

TOTAL IMPERVIOUS AREA: 588,343 SQ.FT (ALL PHASES)

PHASE 1 TOTAL PROJECT AREA = +/- 14.82 ACRES

APARTMENT RESIDENTIAL UNITS = 296 UNITS

APARTMENT PARKING SPACES = 444 SPACES

BUILDING SQFT = 2.72 ACRES

REQUIRED OPEN SPACE (20%) = 2.96 ACRES

OPEN SPACE SHOWN = 5.73 ACRES

PHASE 2 TOTAL PROJECT AREA = +/- 12.08ACRES

UNITS = 84

AREA= 12.08 ACRES

DENSITY = 6.95UNITS/ACRE



PHASE 3 TOTAL PROJECT AREA = +/- 6.12 AC

UNITS = 58

AREA= 6.12 ACRES

DENSITY = 9.48 UNITS/ACRE



PHASES 2 & 3 TOTAL PROJECT AREA = +/- 18.20 AC

UNITS = 142

AREA= 18.20 ACRES




PHASES 1, 2, & 3 TOTAL PROJECT AREA = +/- 33.02 AC

UNITS = 438

AREA= 18.20 ACRES




7.17 AC NOT CONSIDERED WITHIN THIS SUBMITTAL

LEGEND:

PHASE 2 PROPERTY EXTENT

SIDEWALK AND CURB AND GUTTER

TO BE INSTALLED ALONG PROPERTY

FRONTAGE. FINAL DESIGN TO BE

DETERMINED ONCE ROADWAY IMPROVEMENT

PLANS ARE FINALIZED.


DECORATIVE STONE

MONUMENT

DECORATIVE STONE

MONUMENT

DECORATIVE STONE

MONUMENT

DECORATIVE STONE

MONUMENT

ENCLOSED DOG PARK

TO BE PART OF PHASE 1

FIRST FLOOR TO

BE OFFICE/RETIAL

(6,120 SF)

2,000 SF

OFFICE/RETAIL

REVERSE ANGLE PARKING

SIGN (TYP.)

FUTURE GREENWAY WITH

10' WIDE MULTI-USE PATH

PHASE 3

ANTICIPATED DATE 3RD QUARTER OF 2020

PENDING REZONING APPROVAL

TOTAL ACREAGE = 6.12+/-

PHASE 1




PHASE 2




REVISED FLOODPLAIN MAPS COMING INTO EFFECT NOV. 16, 2018.

ALL CLASS 1 AND CLASS 2 STREAM BUFFERS IN ACCORDANCE WITH

SECTION 4.3 - ARTICLE 4 IN THE CITY DEVELOPMENT ORDINANCE,

WHICH MAY BEAR ON THIS SITE ARE SUBJECT TO CHANGE UPON

THE RESULTS OF A STREAM DETERMINATION.

REVERSE ANGLE PARKING

SIGN (TYP.)

POCKET PARK

POCKET PARK

FUTURE GREENWAY WITH

10' WIDE MULTI-USE PATH

ENVIRONMENTAL NOTES:

1. DEVELOPER WILL BE REQUIRED TO PROVIDE A BMP ACCESS EASEMENT IN AND AROUND ANY BMPS USED FOR

STORMWATER

TREATMENT AND DETENTION AND EXECUTE A MAINTENANCE AGREEMENT.

OAKLAWN - PRELIMINARY PLATHARRIS ROAD & POPLAR TENT ROAD

CONCORD, CABARRUS COUNTY NORTH CAROLINA

USPS CLUSTER BOXES

USPS CLUSTER BOXES

SEAL

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5' CONCRETE SIDWALK



VARYING WIDTH

PRIVATE UTILITIES EASMENT

ENLARGED

PRELIMINARY

PLAT

C-1.0

Sheet No:

Sheet Title:

Drawn By:

Checked By:

Revisions:

Project Number:

Date:

Seals:

STOP

NRP

EML

17-18-072

Preliminary Plat11-15-2018

11-15-2018

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LEGEND:

SEAL

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100' PERPETUAL

SANITARY SEWER R/W

Deed Bk. 2173, Pg. 330


FLOODLINE AS SCALED

FROM FEMA FLOOD MAP


RIM: 614.77

IN: 597.52

OUT: 597.42

5' PUBLIC UTILITIES

EASEMENT

30' PUBLIC UTILITIES

EASEMENT


EASEMENT


EASEMENT

5' PUBLIC UTILITIES

EASEMENT


EASEMENT

5' PUBLIC UTILITIES

EASEMENT

5' PUBLIC UTILITIES

EASEMENT

5' PUBLIC UTILITIES

EASEMENT

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(TYP)

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Date:

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Preliminary Plat

STOP

11-15-2018

11-15-2018

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DB: 10639 PG: 205

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LANDSCAPE

PLAN

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Sheet No:

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Date:

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STOP

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17-18-072

Preliminary Plat

LEGEND:

LANDSCAPED WET RETENTION POND

PROPOSED FENCING FOR DOG PARK (PHASE 1)

PROPOSED TRAFFIC CIRCLE

PROPOSED MULTI-USE GREENWAY TRAIL

SHALLOW DRY DETENTION/ PARK AREA

11-15-2018

11-15-2018

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8' LANDSCAPING BERM WITH EVERGREEN TREES

RESIDENTIAL UNITS FACING POCKET PARK

"GREEN" ALLEY

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331 Coddle Market Drive: Suite 110 Amicus Partners, PLLC Phone: (704) 573-1621 Concord, North Carolina 28027 License# P-1191 Fax: (704) 248-7951

November 8, 2018 TECHNICAL DATA SHEET AND GENERAL NOTES Reference: Oaklawn Development Northern Quadrant – Poplar Tent Road and Harris Road Concord, North Carolina Parcel IDs: 4681023931 and a portion of 4671815515 General Provisions Amicus Partners, PLLC is pleased to submit for this Conditional Rezoning Master Plan for all or a portion of the aforementioned parcels at the northern corner of Poplar Tent and Harris Road. The applicant is Streetscape Land Partners, LLC. The applicant is requesting a PUD (Planned Unified Development) zoning classification. A portion of the project area (Parcel ID 4681023931) is currently identified as a “Village Center” under the newly adopted 2030 Land Use Plan. The remaining land within the project area (Parcel ID 4671815515) is designated as “Suburban Neighborhood” in the 2030 Land Use Plan. The parcels were recently annexed into the Concord City Limits and have yet to be given a formal zoning designation. Development of this project shall be governed by this Technical Data Sheet, the Concord Development Ordinance (the “CDO”), and the Concord Technical Standards Manual; however, it should be noted that certain elements of the project, including but not limited to, typical street sections, typical alley sections, landscaping, and utility placement are unique to this project. It should be noted that such elements that do not meet the current technical standards will be approved as part of this conditional zoning and the preliminary plat. This master plan provides a blend of attached single-family residences (townhomes), multi-family units and limited commercial space. The intent, however, is to create a mixed-use community that provides residents with enhanced and alternative modes of transportation including walking and bicycling. The petitioner designed the project to improve mobility (both pedestrian and vehicular) not only within the proposed community but also with adjacent communities thru neighborhood connectivity, development of multi-use paths to connect greenways and improvements at the intersection of Poplar Tent and Harris to connect other commercial and residential nodes. A. Commercial Occupancy Technical Data

1. Square Footage Restrictions a. Square footage shall only be limited by appropriate use of space with regard to

adequate supporting parking, screening, and required landscape areas. Total amount of available commercial space shall be a minimum of 8,120 square feet and a maximum of 10,000 square feet.

2. Screening and Landscape Areas a. Landscape areas will be planted and improved in sequences that are keyed to each

phase of development taking place on the Site. Landscaping on separate lots or outparcels (current or future) shall be installed when buildings are developed on each parcel.

Oaklawn Development Technical Data Sheet Concord, North Carolina November 8, 2018

7140 Weddington Road: Suite 140 Amicus Partners, PLLC Phone: (704) 573-1621 Concord, North Carolina 28027 License# P-1191 Fax: (704) 248-7951

b. Landscaping shall be completed per the approved landscape plan for this PUD. Specific species will meet the requirements of the CDO unless approved by planning staff.

c. Loading areas (except for areas where store front loading is required) shall be screened with landscaped buffers, landscaped berms or wall or any combination thereof.

3. Parking a. Parking for each lot shall be in accordance with the CDO. b. Parking shall be screened from adjoining public streets with a low masonry wall, low

evergreen hedge or through building placement.

4. Signs Combined development signs and freestanding ground-mounted signs shall be in accordance with the CDO.

5. Architectural Control and Restrictive Covenants a. It is the intent of the petitioner to make use of the existing home (originally and

historically referred to as Oaklawn) as part of the neighborhood commercial component. The petitioner shall make commercially reasonable efforts to preserve and renovate the residence to its original context; therefore the architectural controls suggested are for new construction only and will not apply to the Oaklawn home should it converted to commercial occupancy.

b. Dumpster areas will be enclosed on at least four (4) sides, of which one (1) side must have a latching gate. If one or more sides of a dumpster area adjoins a rear wall of a building, the rear wall may be substituted for a side(s). Enclosure must be compatible with development (i.e. brick, stone, etc.).

c. All mechanical equipment, including rooftop equipment, shall be screened and shall not be visible from Poplar Tent Road or Harris Road.

d. At least 20% of the aggregate of all the exterior opaque vertical surfaces of the front, side and rear elevations (excluding loading and service areas) shall consist of brick materials.

e. The remaining non-brick opaque vertical surfaces and architectural accents shall be constructed with any combination of the following materials: Cementous fiber board, stucco, ground face block, split face block (not more than 20%), spandrel glass, precast concrete, precast stone, stone (natural or synthetic) or wood (natural or synthetic).

f. Commercial building(s) shall be architecturally compatible with other commercial buildings that have been constructed at the other corners of Poplar Tent Road and Harris Road. Site lighting shall be designed and installed so as not to directly shine onto adjacent residentially used or zoned property.

6. Buffer Area and Setbacks a. Buffer areas for all lots shall be as shown on the approved master plan. b. No buffer yards shall be required between the separate lots where the

requirements for an exemption are met in accordance with Article 11.4.3 of the CDO.



c. Minimum building setbacks (applies to principal and accessory structures)

regardless of adjacent zoning: i. Front 10 feet

ii. Side 10 feet iii. Rear 10 feet

7. Permitted Uses

a. Uses listed in the C-1 zoning category (as further listed in Article 8.1 (Use Table) with the following exceptions:

i. None of the following uses shall be permitted: (a) funeral home, motion picture theater (indoor), (b) vehicle sales, lease, rental, including boat, RV and storage buildings, and (c) outdoor recreation.

B. Multi-Family Residential Occupancy Technical Data

1. Square Footage and Height Restrictions a. Minimum square footage for individual multi-Family Buildings shall be 3,000 square

feet. b. There is no maximum square footage. c. The maximum building height shall be limited to 75-feet.

2. Screening and Landscape Areas

a. The multi-family structures adjacent to the existing Fullerton Place community shall be screened with a sixteen (16) foot minimum buffer. This is in addition to the 40’ Modified Class D buffer as shown on the Final Plat of Fullerton Place Subdivision Phase 3 Map 3 (recorded in Map Book 68, Page 82).

b. There shall be an 8-foot street yard buffer along Poplar Tent and Harris Road where multi-family units face said existing streets. Where there is parking between the street yard and the multi-family buildings, required plantings shall be doubled to ensure adequate screening of parked vehicles. A three-foot tall masonry or stone wall may be used in lieu of said supplemental plantings.

c. Landscape areas will be planted and improved in sequences that are keyed to each phase of development taking place on the Site. As multi-family buildings are completed, the landscaping in front, rear, and adjacent to said buildings shall be installed.

d. Landscaping shall be completed per the approved landscape plan for this PUD. Specific species will meet the requirements of the CDO unless approved by planning staff.

e. The builder reserves the right to provide additional landscaping above and beyond what is depicted in the attached exhibit. The builder and developer also reserve the right to provide additional landscaping and hardscape in the “Common Open Areas” as depicted in the attached exhibit.

3. Parking a. Each multi-family unit shall have a minimum of 1.5 parking spaces per unit. b. Parking shall be provided both on-street and off-street. On-street parking may be

reverse angle and will be privately maintained by the multi-family developer/owner.

4. Signs



Combined development signs and freestanding ground-mounted signs shall be in accordance with the CDO.

5. Architectural Control and Restrictive Covenants a. All mechanical equipment shall be screened from adjoining public streets. b. Exterior building materials shall be comprised of one or a combination of the

following; Cementous fiber board, vinyl, stucco, brick, ground face block, split face block (no more than 20%), spandrel glass, precast concrete, precast stone, stone (natural or synthetic) or wood (natural or synthetic)Buildings shall be architecturally compatible with other commercial buildings that have been constructed at the other corners of Poplar Tent Road and Harris Road. All exterior elevations of each multi-family building shall provide some variation. That variation shall include one or more of the following:

i. Building facade material and/or color ii. Orientation of building façade

iii. Changes in plane iv. Shutters, eaves, columns, or other architectural detailing

C. Attached Townhome Occupancy Technical Data 1. Square Footage Restrictions

a. Individual townhomes shall be limited to a minimum heated floor area of 1,200 square feet.

b. There is no maximum square footage.

2. Screening and Landscape Areas a. Landscape areas will be planted and improved in sequences that are keyed to each

phase of development taking place on the Site. As “blocks” of attached townhomes are completed, the landscaping in front and adjacent to said blocks shall be installed.

b. Landscaping shall be completed per the approved landscape plan for this PUD. Specific species will meet the requirements of the CDO unless approved by planning staff.

c. The builder reserves the right to provide additional landscaping above and beyond what is depicted in the attached exhibit. The builder and developer also reserve the right to provide additional landscaping and hardscape in the “Common Open Areas” as depicted in the attached exhibit.

3. Parking a. Each townhome shall provide off-street parking for at least one (1) vehicle. That

parking can be enclosed (garage) or open (carport or private driveway). b. Designated public on-street parking shall be provided by the developer. c. On-street parking shall be provided directly in front of each proposed cluster box

location.

4. Signs Combined development signs and freestanding ground-mounted signs shall be in accordance with the CDO.

5. Architectural Control and Restrictive Covenants



a. All mechanical equipment shall be screened from adjoining public streets (not including alleys).

b. Exterior building materials shall be comprised of one or a combination of the following; Cementous fiber board, vinyl, stucco, brick, ground face block, split face block, spandrel glass, precast concrete, precast stone, stone (natural or synthetic) or wood (natural or synthetic).The front exterior of individual townhomes that form a block and that face either a public street or common open space shall provide some variation. That variation shall include one or more of the following:

i. Building facade material and/or color ii. Orientation of building façade

iii. Changes in plane iv. Shutters, eaves, columns, or other architectural detailing

c. Front stoops and sidewalks to public streets or common open spaces shall be required.

6. Buffer Area and Setbacks

a. Buffer areas for all lots shall be in accordance with the CDO, specifically including a minimum twenty-four (24) foot buffer adjoining all lots within the Fullerton Place community.

b. Minimum building setbacks i. Front: 5 feet

ii. Side: 0 feet iii. Rear: 4 feet iv. Building Separation: 10 feet

C. Public Infrastructure

1. Access and Connectivity Subject to approval by the North Carolina Department of Transportation (NCDOT), the Project will be accessed through controlled driveways along Poplar Tent Road and Harris Road. The location and design of access points was determined by a Traffic Impact Analysis completed by Kimley-Horn and approved by both the City of Concord and NCDOT.

2. Vehicular Access and Road Improvements The Petitioner has completed a Traffic Impact Analysis (TIA) for the Project. The TIA has been approved by the NCDOT and the City of Concord and the improvements required therein shall be completed in phases as required. Each phase of improvements shall be commenced prior to the issuance of a final certificate of occupancy for buildings within that phase.

3. Water and Sewer The Petitioner acknowledges that water and sewer service will be provided by the City of Concord. It is the Petitioner’s responsibility to incur all costs for the



extension of the service infrastructure to the Project. Construction drawings will be submitted to the City of Concord Engineering Department for permit approval.

4. Stormwater Management Stormwater runoff from the Project will be managed through proven Best Management Practice (BMP) techniques which satisfy the standards imposed by the City of Concord and NCDEQ as outlined in the City’s Stormwater Ordinance. Petitioner shall, upon completion of the storm water facilities, establish an entity or association to maintain or caused to be maintained said facilities as required by the City.

5. Greenway/Multi-Use Path a. Upon approval of this rezoning petition and corresponding construction

documents, the developer shall dedicate a “to-be-determined” area of land at the northeast corner of the project to the City of Concord for continuation of the Rocky River Greenway.

b. As part of the conditional rezoning, the developer shall install a 10-foot multi-use path along the frontage of Harris Road. The multi-use path shall be constructed inside the Harris Road future right-of-way. The developer will coordinate with City of Concord on the exact design specifications of the multi-use path including surface, alignment, and landscaping.

E. Vesting All conditions applicable to this development approved with these standards, conditions, and technical data sheets, unless amended in the manner provided in the UDO, shall be binding on the owners, current and future, however no vested rights are established under UDO Section 13.2 or N.C.G.S. Section 160A-385.1.

F. Binding Effect of the Annexation and Rezoning Documents and Definitions Upon petition approval, all conditions applicable to the development of the Project imposed under this Technical Data Sheet and Development Standards shall, unless amended in the manner provided under the Ordinance or within the authority of the Zoning Administrator, be binding and insure to the benefit of the Petitioner and the current and subsequent owners of the Project and their respective successors in interest and assigns. Subject to the terms of this Conditional Use Rezoning, the Petitioner shall be granted flexibility as it relates to the exact alignment of internal streets and driveways and the locations of buildings, service facilities, parking areas and landscaping in accordance with Section 6.3 of the City of Concord UDO. These items shall be as generally depicted on the Master Site Plan but may be modified during the final design, engineering, permitting and construction of the Project, as reviewed and approved by the appropriate authority for any such component. Modifications to the Master Site Plan that are deemed significant to the intent by the Zoning Administrator may require an amendment to the Conditional Use Permit in accordance with the CDO.



Should you have any questions or comments regarding these general notes and technical data sheet as it relates to the proposed Oaklawn Development, please contact us at 704-573-1621.

Sincerely, AMICUS PARTNERS, PLLC

Nicholas R. Parker, P.E President

P PIN: 4681 -02 3931 and p/o 4671 81 5515 A Z R P...

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