PETITION# 2015-054ww.charmeck.org/Planning/Rezoning/2015/048-056/2015-054 site plan 3rd rev.pdfYoga...

1
SITE DATA PARCEL #S PORTION OF 201-401-06 ACREAGE $& OWNERS PMT PARTNERS LLC PETITIONER CHILDRESS KLEIN PROPERTIES EXISTING ZONING B-1SCD PROPOSED ZONING B-1(CD) EXISTING USES NEIGHBORHOOD SHOPPING CENTER PROPOSED USES USES PERMITTED BY RIGHT & UNDER PRESCRIBED CONDITIONS TOGETHER WITH ACCESSORY USES AS ALLOWED BY THE B-1 ZONING DISTRICT (MORE SPECIFICALLY DESCRIBED AND RESTRICTED BELOW IN SECTION 2) MAXIMUM GROSS SF OF DEVELOPMENT UP TO 10,000 SF OF GROSS FLOOR AREA OF USES AS ALLOWED BY RIGHT & OTHER PRESCRIBED CONDITIONS TOGETHER WITH ACCESSORY USES ALLOWED IN THE B-1 DISTRICT (AS MORE SPECIFICALLY DESCRIBED AND RESTRICTED BELOW IN SECTION 2 - SUCH RESTRICTIONS DO NOT PERMIT A CONVENIENCE STORE WITH GASOLINE SALES NOR A FAST FOOD RESTAURANT WITH DRIVE-THROUGH WINDOWS), OR IN THE ALTERNATIVE, GASOLINE WITH LIMITED RETAIL SALES USES THAT ARE OPERATED IN CONJUNCTION WITH A GROCERY STORE USE WITHIN THE ADJACENT YORK RIDGE SHOPPING CENTER (AS DEFINED BELOW) PROVIDED PARKING AS REQUIRED BY ORDINANCE MAX BUILDING HEIGHT AS ALLOWED BY ORDINANCE 1"= 40' 0 40 10 20 40 LOCATION MAP N.T.S DEVELOPMENT STANDARDS PETITION# 2015-054 LOCATOR PLAN N.T.S CONSTRUCTION NOT APPROVED FOR REVISIONS REV DATE COMMENT BY LOCATION OF SITE FOR PROJECT No.: DRAWN BY: CHECKED BY: DATE: SCALE: CAD I.D.: SHEET NUMBER: SHEET TITLE: PROJECT: THE FOLLOWING STATES REQUIRE NOTIFICATION BY EXCAVATORS, DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN THE STATE. IN VIRGINIA, MARYLAND, THE DISTRICT OF COLUMBIA, NORTH CAROLINA AND DELAWARE CALL - 811 (WV 1-800-245-4848) (PA 1-800-242-1776) (DC 1-800-257-7777) (VA 1-800-552-7001) (MD 1-800-257-7777) (DE 1-800-282-8555) NCC152001 ODR JG 07/02/15 1"=40' RZ1 REZONING PLAN 11108 S. TRYON STREET MECKLENBURG COUNTY CHARLOTTE, NC REZONING PLAN RZ-1 01 04-06-15 ODR 02 04-17-15 ODR 03 06-19-15 ODR 04 06-24-15 ODR 05 07-02-15 ODR 800 WEST HILL STREET, SUITE 101 CHARLOTTE, NC 28208 Phone: (980) 272-3400 Fax: (980) 272-3401 www.BohlerEngineering .com SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES BOSTON, MA UPSTATE NEW YORK NEW YORK METRO LEHIGH VALLEY, PA SOUTHEASTERN, PA PHILADELPHIA/SOUTHERN NJ SOUTHERN MARYLAND BALTIMORE, MD WASHINGTON, DC CENTRAL VIRGINIA CHARLOTTE, NC RALEIGH, NC NORTHERN VIRGINIA WARREN, NJ TM PETITION# 2015-054 1. General Provisions: a. Site Location. These Development Standards form a part of the Rezoning Plan associated with the Rezoning Petition filed by Childress Klein Properties ³3HWLWLRQHU´ to accommodate an addition to the existing neighborhood shopping center known as York Ridge, such addition being on an approximately 1.56 acre site located at the intersection of Moss Road and S. Tryon Street (the "Site"). b. Zoning Districts/Ordinance. Development of the Site will be governed by the Rezoning Plan as well as the applicable provisions of the City of Charlotte Zoning Ordinance (the ³2UGLQDQFH´ 8QOHVV WKH 5H]RQLQJ 3ODQ HVWDEOLVKHV PRUH VWULQJHQW VWDQGDUGV WKH UHJXODWLRQV HVWDEOLVKHG XQGHU WKH 2UGLQDQFH IRU WKH % ]RQLQJ FODVVLILFDWLRQ VKDOO JRYHUQ c. Graphics and Alterations. The schematic depictions of the uses, parking areas, sidewalks, structures and buildings, driveways, streets and other development matters and site elements (collectively the ³'HYHORSPHQW6LWH (OHPHQWV´ set forth on the Rezoning Plan should be reviewed in conjunction with the provisions of these Development Standards. The layout, locations, sizes and formulations of the Development/Site Elements depicted on the Rezoning Plan are graphic representations of the Development/Site elements proposed. Changes to the Rezoning Plan not anticipated by the Rezoning Plan will be reviewed and approved as allowed by Section 6.207 of the Ordinance. Since the Site is developed but will be undergoing renovations and additions, it is intended that this Rezoning Plan provide for flexibility in allowing some alterations or modifications from the graphic representations of the Development/Site Elements. Therefore, there may be instances where minor modifications will be allowed without requiring the Administrative Amendment Process per Section 6.207 of the Ordinance. These instances would include changes to graphics if they are: x expressly permitted by the Rezoning Plan (it is understood that if a modification is expressly permitted by the Rezoning Plan it is deemed a minor modification for the purposes of these Development Standards); or x minor and don't materially change the overall design intent depicted on the Rezoning Plan; or x modifications to move structures graphically depicted on the Rezoning Plan closer to adjacent properties in a residential district or abutting residential use but no closer than the ³H[WHUQDO EXLOGLQJ OLQH´ LQ WKLV FDVH WKH H[WHUQDO VHWEDFNV UHDU \DUGV RU EXIIHU DUHDV LQGLFDWHG RQ 6KHHW 5= The Planning Director will determine if such minor modifications are allowed per this amended process, and if it is determined that the alteration does not meet the criteria described above, the Petitioner shall then follow the Administrative Amendment Process per Section 6.207 of the Ordinance; in each instance, however, subject to the Petitioner's appeal rights set forth in the Ordinance. d. Number of Buildings Principal and Accessory. The total number of principal buildings to be developed on the Site shall not exceed one (1). Accessory buildings and structures located on the Site shall not be considered in any limitation on the number of buildings on the Site. Accessory buildings and structures will be constructed utilizing similar building materials, colors, architectural elements and designs as the principal building located on the Site. e. Planned/Unified Development. The Site together with that certain site located adjacent to the Site and designated as the remaining portion of Tax Parcel No. 201-041-04 and Tax Parcel No. 20-041-06 (the ³$GMDFHQW York Ridge Shopping &HQWHU´ shall be viewed in the aggregate as a planned/unified development plan (e.g. a shopping center) as to the elements and portions of the Site generally depicted on the Rezoning Plan and those depicted on the applicable conditional rezoning plan for the Adjacent York Ridge Shopping Center. As such, side and rear yards, buffers, building height separation standards, FAR requirements, and other similar zoning standards will not be required internally between improvements and other site elements located on the Site and the Adjacent York Ridge Shopping Center. The Petitioner and/or owner(s) of the Site and the Adjacent York Ridge Shopping Center reserve the right to subdivide the portions or all of the Site and the Adjacent York Ridge Shopping Center Site and create lots within the interior of the Site and the Adjacent York Ridge Shopping Center without regard to any such internal separation standards, public/private street frontage requirements and FAR requirements, provided, however, all such separation standards along the exterior boundary of the Site and of the Adjacent York Ridge Shopping Center shall be adhered to and all FAR requirements will be regulated by any development limitations set forth in Section 2 below as to the Site and in the applicable conditional rezoning plan as to the Adjacent York Ridge Shopping Center, taken as a whole and not individual portions or lots located therein. 2. Permitted Uses & Development Area Limitation: a. The Site may be developed with either (i) gasoline with limited retail sales uses that are operated in conjunction with a grocery store use located within the Adjacent York Ridge Shopping Center now or in the future, provided such uses shall be located within a building containing no greater than 1,000 square feet of gross floor area and gasoline is dispensed in no greater than 12 individual gas pumps (individual gas pumps refers to pump with nozzle placed into gas tank of a vehicle not to fueling stations that may contain multiple pumps); OR (ii) with up to 10,000 square feet of gross floor area of uses allowed by right, and under prescribed conditions together with accessory uses allowed in the B-1 zoning district, including without limitation, personal service uses as defined below; provided, however, except for the limited gasoline with retail sales described in (i) above, in no event shall a convenience store with gasoline sales use, and automobile service station, or a fast food restaurant with drive-through window facility be located on Site. For purposes of the development limitations set forth in these Development Standards (but not to be construed as a limitation on FAR requirements), the term ³JURVV floor DUHD´ or ³*)$´ shall mean and refer to the sum of the gross horizontal areas of each floor of a principal building on the Site measured from the outside of the exterior walls or from the center line of party walls; provided, however, such term shall exclude any surface or structured parking facilities, areas used for building and equipment access (such as stairs, elevator shafts, vestibules, roof top equipment rooms and maintenance crawl spaces), all loading dock areas (open or enclosed), outdoor coolers and outdoor dining areas whether on the roof of the building(s) or at street level (parking for outdoor dining areas will be provided as required by the Ordinance or these development standards). Personal Service uses will be defined as uses that primarily provide or sell a service to customers versus the selling of goods. A personal service use may also sell products or merchandised but the sale of products and merchandise is typically ancillary. Examples of Personal Service uses include but are not limited to: beauty salons and barber shops, Spa's, Yoga and exercise studios, nail salons, massage shops, martial art training studios, laundries and dry cleaning establishments, locksmiths, funeral homes and alike. b. Administrative Amendment as to Adjacent York Ridge Shopping Center. Prior to issuance of a building permit for the uses permitted on the Site as described in Section 2a. above, the Petitioner shall have received approval from the Planning Department of an administrative site plan amendment associated with the Conditional Rezoning Plan/Petition governing the Adjacent York Ridge Shopping Center stating that (i) the total combined gross floor area of the uses located on the Adjacent York Ridge Shopping Center and the Site (including the pending approval uses) does not exceed 120,000 square feet and (ii) in the event that the gasoline with limited retail sales uses described in item (i) of Section 2a. above are constructed and operational, the Adjacent York Ridge Shopping Center shall not contain a convenience store with gasoline sales nor an automotive service station. 3. Access and Transportation: a. Access to the Site will be from S. Tyron Street and through the existing shopping center in the manner generally depicted on the Rezoning Plan. b. The Petitioner will provide sidewalk connections to the new buildings from S. Tryon Street as generally depicted on the Rezoning Petition. c. The placement and configuration of the vehicular access point is subject to any minor modifications required to accommodate final site development and construction plans and to any adjustments required for approval by the CDOT in accordance with applicable published standards. d. The alignment of the internal vehicular circulation and driveways may be modified by the Petitioner to accommodate changes in traffic patterns, parking layouts and any adjustments required for approval by CDOT in accordance with published standards. 4. Architectural Standards: a. The building materials used on the principal buildings constructed on Site will be a combination of portions of the following: brick, stone, precast stone, precast concrete, synthetic stone, cementitious fiber board, stucco, EIFS, metal panels, decorative block and/or wood. b. The buildings constructed on the Site will be architecturally compatible with the rest of the shopping center. c. HVAC and related mechanical equipment will be screened from public view and from view of adjacent properties at grade. 5. Streetscape, Buffers, Yards, and Landscaping: a. A 35 foot setback will be established along S. Tryon Street. Buildings and parking areas will not be allowed in the 35 foot setback established along S. Tryon Street as generally depicted on the Rezoning Plan. b. A 50 foot Class B buffer has been established and will be maintained along the eastern property boundary as generally depicted on the Rezoning Plan. c. The existing sidewalks and planting strips along S. Tryon Street will be maintained. d. Storm water and water quality structures may be located within the setback/buffers established along S. Tryon Street as generally depicted on the Rezoning Plan. e. Landscaping will be provided along the interior edge of the BMP. f. Utilities may cross required buffers at angles no greater than 75 degrees. g. Screening requirements of the Ordinance will be met. h. Above ground backflow preventers will be screened from public view. 6. Environmental Features: a. The Petitioner shall comply with the Charlotte City Council approved and adopted Post Construction Controls Ordinance. b. The location, size and type of storm water management systems depicted on the Rezoning Plan are subject to review and approval as part of the full development plan submittal and are not implicitly approved with this rezoning. Adjustments may be necessary in order to accommodate actual storm water treatment requirements and natural site discharge points. c. The Site will comply with the Tree Ordinance. 7. Signage: a. Signage as allowed by the Ordinance may be provided. 8. Lighting: a. All new lighting shall be full cut-off type lighting fixtures excluding lower, decorative lighting that may be installed along the driveways, sidewalks, parking areas and courtyards. b. Any new detached lighting on the Site will be limited to 25 feet in height. 9. Amendments to the Rezoning Plan: a. Future amendments to the Rezoning Plan (which includes these Development Standards) may be applied for by the then Owner or Owners of the applicable Development Area portion of the Site affected by such amendment in accordance with the provisions of Chapter 6 of the Ordinance. 10.Binding Effect of the Rezoning Application: a. If this Rezoning Petition is approved, all conditions applicable to the development of the Site imposed under the Rezoning Plan will, unless amended in the manner provided under the Ordinance, be binding upon and inure to the benefit of the Petitioner and subsequent owners of the Site and their respective heirs, devisees, personal representatives, successors in interest or assigns. ALTERNATE PLAN 1"=100'

Transcript of PETITION# 2015-054ww.charmeck.org/Planning/Rezoning/2015/048-056/2015-054 site plan 3rd rev.pdfYoga...

Page 1: PETITION# 2015-054ww.charmeck.org/Planning/Rezoning/2015/048-056/2015-054 site plan 3rd rev.pdfYoga and exercise studios, nail salons, massage shops, martial art training studios,

SITE DATAPARCEL #S PORTION OF 201-401-06

ACREAGE 1.56± AC

OWNERS PMT PARTNERS LLC

PETITIONER CHILDRESS KLEIN PROPERTIES

EXISTING ZONING B-1SCD

PROPOSED ZONING B-1(CD)

EXISTING USES NEIGHBORHOOD SHOPPING CENTER

PROPOSED USES USES PERMITTED BY RIGHT & UNDER PRESCRIBED CONDITIONSTOGETHER WITH ACCESSORY USES AS ALLOWED BY THE B-1 ZONINGDISTRICT (MORE SPECIFICALLY DESCRIBED AND RESTRICTED BELOW

IN SECTION 2)

MAXIMUM GROSS SF OFDEVELOPMENT

UP TO 10,000 SF OF GROSS FLOOR AREA OF USES AS ALLOWED BYRIGHT & OTHER PRESCRIBED CONDITIONS TOGETHER WITHACCESSORY USES ALLOWED IN THE B-1 DISTRICT (AS MORE

SPECIFICALLY DESCRIBED AND RESTRICTED BELOW IN SECTION 2 -SUCH RESTRICTIONS DO NOT PERMIT A CONVENIENCE STORE WITH

GASOLINE SALES NOR A FAST FOOD RESTAURANT WITHDRIVE-THROUGH WINDOWS), OR IN THE ALTERNATIVE, GASOLINE

WITH LIMITED RETAIL SALES USES THAT ARE OPERATED INCONJUNCTION WITH A GROCERY STORE USE WITHIN THE ADJACENT

YORK RIDGE SHOPPING CENTER (AS DEFINED BELOW)

PROVIDED PARKING AS REQUIRED BY ORDINANCE

MAX BUILDING HEIGHT AS ALLOWED BY ORDINANCE

1"= 40'

0 40102040

LOCATION MAPN.T.S

DEVELOPMENT STANDARDS

PETITION# 2015-054

LOCATOR PLANN.T.S

CONSTRUCTION

NOT APPROVED FOR

DISC

LAIM

ERTh

is dr

awing

and/o

r file

has b

een p

repa

red b

y Boh

ler E

ngine

ering

at th

e req

uest

of the

Pro

ject O

wner

or hi

s Rep

rese

ntativ

e and

is be

ing pr

ovide

d sole

ly as

a co

nven

ience

to th

e rec

ipien

t. Boh

ler E

ngine

ering

mak

es no

repr

esen

tation

rega

rding

the s

uitab

ility f

or th

e inte

nded

use b

y the

recip

ient. F

urthe

r, Bo

hler E

ngine

ering

mak

es no

repr

esen

tation

rega

rding

fitne

ss of

the e

lectro

nic fil

e for

any p

artic

ular p

urpo

se, o

r suit

abilit

y for

use w

ith an

y soft

ware

or ha

rdwa

re. It

is th

e rec

ipien

t's ob

ligati

on to

unde

rstan

d the

desig

n inte

nt an

d to u

se th

is dig

ital d

ata ap

prop

riatel

y.Du

e to t

he al

terab

le na

ture o

f elec

tronic

docu

ments

, Boh

ler E

ngine

ering

does

not m

ake a

ny ex

pres

sed o

r impli

ed w

arra

nty fo

r the

accu

racy

or co

mplet

enes

s of th

is inf

orma

tion.

The i

nform

ation

, des

ign an

d con

tent o

f this

file ar

e pro

priet

ary a

nd sh

all no

t be c

opied

or us

ed fo

r any

purp

ose w

ithou

t prio

r writt

en au

thoriz

ation

from

Boh

ler E

ngine

ering

.On

ly cu

rrent,

sign

ed an

d sea

led pl

ans s

hall b

e utili

zed f

or co

nstru

ction

purp

oses

.Vi

ewing

the c

onten

ts of

this f

ile sh

all se

rve as

your

ackn

owled

gmen

t of a

ccep

tance

of th

e abo

ve te

rms a

nd co

nditio

ns. B

y ope

ning t

his fil

e or t

hrou

gh th

e use

of th

e info

rmati

on co

ntaine

d her

ein, th

e rec

ipien

t agr

ees t

o ind

emnif

y and

hold

Bohle

r Eng

ineer

ing ha

rmles

s fro

m an

y los

s, da

mage

, liab

ility o

r cos

t, inc

luding

reas

onab

le att

orne

y's fe

es th

at Bo

hler E

ngine

ering

defen

ding s

uch c

laims

, aris

ing fr

om an

y use

or re

use o

f this

electr

onic

docu

ment

or in

forma

tion.

2008

Boh

ler E

ngine

ering

.

REVISIONS

REV DATE COMMENT BY

LOCATION OF SITE

FOR

PROJECT No.:

DRAWN BY:

CHECKED BY:

DATE:

SCALE:

CAD I.D.:

SHEET NUMBER:

SHEET TITLE:

PROJECT:

THE FOLLOWING STATES REQUIRE NOTIFICATION BY

EXCAVATORS, DESIGNERS, OR ANY PERSON PREPARING TO

DISTURB THE EARTH'S SURFACE ANYWHERE IN THE STATE.

IN VIRGINIA, MARYLAND, THE DISTRICT OF COLUMBIA,

NORTH CAROLINA AND DELAWARE CALL - 811

(WV 1-800-245-4848) (PA 1-800-242-1776) (DC 1-800-257-7777)

(VA 1-800-552-7001) (MD 1-800-257-7777) (DE 1-800-282-8555)

NCC152001

ODR

JG

07/02/15

1"=40'

RZ1

REZONINGPLAN

11108 S. TRYON STREET

MECKLENBURG COUNTY

CHARLOTTE, NC

REZONINGPLAN

RZ-1

01 04-06-15 ODR

02 04-17-15 ODR

03 06-19-15 ODR

04 06-24-15 ODR

05 07-02-15 ODR

800 WEST HILL STREET, SUITE 101

CHARLOTTE, NC 28208

Phone: (980) 272-3400

Fax: (980) 272-3401

www.BohlerEngineering.com

SU

ST

AIN

AB

LE

DE

SIG

NL

AN

DS

CA

PE

AR

CH

ITE

CT

UR

ES

ITE

CIV

IL A

ND

CO

NS

UL

TIN

G E

NG

INE

ER

ING

LA

ND

SU

RV

EY

ING

PR

OG

RA

M M

AN

AG

EM

EN

TP

ER

MIT

TIN

G S

ER

VIC

ES

TR

AN

SP

OR

TA

TIO

N S

ER

VIC

ES

BO

ST

ON

, M

A

UP

ST

AT

E N

EW

Y

OR

K

NE

W Y

OR

K M

ET

RO

LE

HIG

H V

ALLE

Y, P

A

SO

UT

HE

AS

TE

RN

, P

A

PH

ILA

DE

LP

HIA

/S

OU

TH

ER

N N

J

SO

UT

HE

RN

M

AR

YLA

ND

BA

LT

IM

OR

E, M

D

WA

SH

IN

GT

ON

, D

C

CE

NT

RA

L V

IR

GIN

IA

CH

AR

LO

TT

E, N

C

RA

LE

IG

H, N

C

NO

RT

HE

RN

V

IR

GIN

IA

WA

RR

EN

, N

J

TM

PETITION# 2015-054

1. General Provisions:

a. Site Location. These Development Standards form a part of the Rezoning Plan associated with the Rezoning Petition filed by Childress Klein Properties (“Petitioner”) to

accommodate an addition to the existing neighborhood shopping center known as York Ridge, such addition being on an approximately 1.56 acre site located at the intersection of

Moss Road and S. Tryon Street (the "Site").

b. Zoning Districts/Ordinance. Development of the Site will be governed by the Rezoning Plan as well as the applicable provisions of the City of Charlotte Zoning Ordinance (the

“Ordinance”). Unless the Rezoning Plan establishes more stringent standards the regulations established under the Ordinance for the B-1 zoning classification shall govern.

c. Graphics and Alterations. The schematic depictions of the uses, parking areas, sidewalks, structures and buildings, driveways, streets and other development matters and site

elements (collectively the “Development/Site Elements”) set forth on the Rezoning Plan should be reviewed in conjunction with the provisions of these Development Standards.

The layout, locations, sizes and formulations of the Development/Site Elements depicted on the Rezoning Plan are graphic representations of the Development/Site elements

proposed. Changes to the Rezoning Plan not anticipated by the Rezoning Plan will be reviewed and approved as allowed by Section 6.207 of the Ordinance.

Since the Site is developed but will be undergoing renovations and additions, it is intended that this Rezoning Plan provide for flexibility in allowing some alterations or modifications

from the graphic representations of the Development/Site Elements. Therefore, there may be instances where minor modifications will be allowed without requiring the

Administrative Amendment Process per Section 6.207 of the Ordinance. These instances would include changes to graphics if they are:

expressly permitted by the Rezoning Plan (it is understood that if a modification is expressly permitted by the Rezoning Plan it is deemed a minor modification for the purposes of

these Development Standards); or

minor and don't materially change the overall design intent depicted on the Rezoning Plan; or

modifications to move structures graphically depicted on the Rezoning Plan closer to adjacent properties in a residential district or abutting residential use but no closer than the

“external building line” (in this case the external setbacks, rear yards or buffer areas) indicated on Sheet RZ-1.

The Planning Director will determine if such minor modifications are allowed per this amended process, and if it is determined that the alteration does not meet the criteria

described above, the Petitioner shall then follow the Administrative Amendment Process per Section 6.207 of the Ordinance; in each instance, however, subject to the Petitioner's

appeal rights set forth in the Ordinance.

d. Number of Buildings Principal and Accessory. The total number of principal buildings to be developed on the Site shall not exceed one (1). Accessory buildings and structures

located on the Site shall not be considered in any limitation on the number of buildings on the Site. Accessory buildings and structures will be constructed utilizing similar building

materials, colors, architectural elements and designs as the principal building located on the Site.

e. Planned/Unified Development. The Site together with that certain site located adjacent to the Site and designated as the remaining portion of Tax Parcel No. 201-041-04 and Tax

Parcel No. 20-041-06 (the “Adjacent York Ridge Shopping Center”) shall be viewed in the aggregate as a planned/unified development plan (e.g. a shopping center) as to the

elements and portions of the Site generally depicted on the Rezoning Plan and those depicted on the applicable conditional rezoning plan for the Adjacent York Ridge Shopping

Center. As such, side and rear yards, buffers, building height separation standards, FAR requirements, and other similar zoning standards will not be required internally between

improvements and other site elements located on the Site and the Adjacent York Ridge Shopping Center. The Petitioner and/or owner(s) of the Site and the Adjacent York Ridge

Shopping Center reserve the right to subdivide the portions or all of the Site and the Adjacent York Ridge Shopping Center Site and create lots within the interior of the Site and the

Adjacent York Ridge Shopping Center without regard to any such internal separation standards, public/private street frontage requirements and FAR requirements, provided,

however, all such separation standards along the exterior boundary of the Site and of the Adjacent York Ridge Shopping Center shall be adhered to and all FAR requirements will

be regulated by any development limitations set forth in Section 2 below as to the Site and in the applicable conditional rezoning plan as to the Adjacent York Ridge Shopping

Center, taken as a whole and not individual portions or lots located therein.

2. Permitted Uses & Development Area Limitation:

a. The Site may be developed with either (i) gasoline with limited retail sales uses that are operated in conjunction with a grocery store use located within the Adjacent York Ridge

Shopping Center now or in the future, provided such uses shall be located within a building containing no greater than 1,000 square feet of gross floor area and gasoline is

dispensed in no greater than 12 individual gas pumps (individual gas pumps refers to pump with nozzle placed into gas tank of a vehicle not to fueling stations that may contain

multiple pumps); OR (ii) with up to 10,000 square feet of gross floor area of uses allowed by right, and under prescribed conditions together with accessory uses allowed in the B-1

zoning district, including without limitation, personal service uses as defined below; provided, however, except for the limited gasoline with retail sales described in (i) above, in no

event shall a convenience store with gasoline sales use, and automobile service station, or a fast food restaurant with drive-through window facility be located on Site.

For purposes of the development limitations set forth in these Development Standards (but not to be construed as a limitation on FAR requirements), the term “gross floor area” or

“GFA” shall mean and refer to the sum of the gross horizontal areas of each floor of a principal building on the Site measured from the outside of the exterior walls or from the center

line of party walls; provided, however, such term shall exclude any surface or structured parking facilities, areas used for building and equipment access (such as stairs, elevator

shafts, vestibules, roof top equipment rooms and maintenance crawl spaces), all loading dock areas (open or enclosed), outdoor coolers and outdoor dining areas whether on the roof

of the building(s) or at street level (parking for outdoor dining areas will be provided as required by the Ordinance or these development standards).

Personal Service uses will be defined as uses that primarily provide or sell a service to customers versus the selling of goods. A personal service use may also sell products or

merchandised but the sale of products and merchandise is typically ancillary. Examples of Personal Service uses include but are not limited to: beauty salons and barber shops, Spa's,

Yoga and exercise studios, nail salons, massage shops, martial art training studios, laundries and dry cleaning establishments, locksmiths, funeral homes and alike.

b. Administrative Amendment as to Adjacent York Ridge Shopping Center. Prior to issuance of a building permit for the uses permitted on the Site as described in Section 2a. above,

the Petitioner shall have received approval from the Planning Department of an administrative site plan amendment associated with the Conditional Rezoning Plan/Petition

governing the Adjacent York Ridge Shopping Center stating that (i) the total combined gross floor area of the uses located on the Adjacent York Ridge Shopping Center and the

Site (including the pending approval uses) does not exceed 120,000 square feet and (ii) in the event that the gasoline with limited retail sales uses described in item (i) of Section

2a. above are constructed and operational, the Adjacent York Ridge Shopping Center shall not contain a convenience store with gasoline sales nor an automotive service station.

3. Access and Transportation:

a. Access to the Site will be from S. Tyron Street and through the existing shopping center in the manner generally depicted on the Rezoning Plan.

b. The Petitioner will provide sidewalk connections to the new buildings from S. Tryon Street as generally depicted on the Rezoning Petition.

c. The placement and configuration of the vehicular access point is subject to any minor modifications required to accommodate final site development and construction plans and to

any adjustments required for approval by the CDOT in accordance with applicable published standards.

d. The alignment of the internal vehicular circulation and driveways may be modified by the Petitioner to accommodate changes in traffic patterns, parking layouts and any

adjustments required for approval by CDOT in accordance with published standards.

4. Architectural Standards:

a. The building materials used on the principal buildings constructed on Site will be a combination of portions of the following: brick, stone, precast stone, precast concrete, synthetic

stone, cementitious fiber board, stucco, EIFS, metal panels, decorative block and/or wood.

b. The buildings constructed on the Site will be architecturally compatible with the rest of the shopping center.

c. HVAC and related mechanical equipment will be screened from public view and from view of adjacent properties at grade.

5. Streetscape, Buffers, Yards, and Landscaping:

a. A 35 foot setback will be established along S. Tryon Street. Buildings and parking areas will not be allowed in the 35 foot setback established along S. Tryon Street as generally

depicted on the Rezoning Plan.

b. A 50 foot Class B buffer has been established and will be maintained along the eastern property boundary as generally depicted on the Rezoning Plan.

c. The existing sidewalks and planting strips along S. Tryon Street will be maintained.

d. Storm water and water quality structures may be located within the setback/buffers established along S. Tryon Street as generally depicted on the Rezoning Plan.

e. Landscaping will be provided along the interior edge of the BMP.

f. Utilities may cross required buffers at angles no greater than 75 degrees.

g. Screening requirements of the Ordinance will be met.

h. Above ground backflow preventers will be screened from public view.

6. Environmental Features:

a. The Petitioner shall comply with the Charlotte City Council approved and adopted Post Construction Controls Ordinance.

b. The location, size and type of storm water management systems depicted on the Rezoning Plan are subject to review and approval as part of the full development plan submittal

and are not implicitly approved with this rezoning. Adjustments may be necessary in order to accommodate actual storm water treatment requirements and natural site discharge

points.

c. The Site will comply with the Tree Ordinance.

7. Signage:

a. Signage as allowed by the Ordinance may be provided.

8. Lighting:

a. All new lighting shall be full cut-off type lighting fixtures excluding lower, decorative lighting that may be installed along the driveways, sidewalks, parking areas and courtyards.

b. Any new detached lighting on the Site will be limited to 25 feet in height.

9. Amendments to the Rezoning Plan:

a. Future amendments to the Rezoning Plan (which includes these Development Standards) may be applied for by the then Owner or Owners of the applicable Development Area

portion of the Site affected by such amendment in accordance with the provisions of Chapter 6 of the Ordinance.

10.Binding Effect of the Rezoning Application:

a. If this Rezoning Petition is approved, all conditions applicable to the development of the Site imposed under the Rezoning Plan will, unless amended in the manner provided under

the Ordinance, be binding upon and inure to the benefit of the Petitioner and subsequent owners of the Site and their respective heirs, devisees, personal representatives,

successors in interest or assigns.

ALTERNATE PLAN1"=100'