sp101ww.charmeck.org/planning/rezoning/2008/063_079/2008... · c ha rl o temck nb u gh sip p david...

Development Area 6Proposed Zoning: NSProposed Use: Multi-Family and /or Single Family Attached

[See Development Standards]Dwelling Units: Up to 72Area: +/- 1.85 ac.

Development Area 7Proposed Zoning: UR-2 (CD)Proposed Use: Residential / Green Way Park via Easement

Outdoor Recreational Use[See Development Standards]

Dwelling Units: Up to 400Area: +/- 39.92 ac.Site Area in Easement: +/- 0.32 ac.

Development Area 7AProposed Zoning: UR-2 (CD)Proposed Use: Residential / Green Way Park via Easement


Development Area 8Proposed Zoning: UR-2 (CD)Proposed Use: Multi-Family, Single Family Attached, Child Care Center


TOTAL SITE AREA: +/- 64.11 ac.EASEMENT AREA DEDICATION: +/- 3.50 ac.NET AREA: +/- 60.61 ac.

PROPOSED TREE SAVE AREA: +/- 6.58 ac.

PROPOSED MINIMUM PARKING STANDARDS:1.0/1 dwelling unit (NS zone)1.0/1 dwelling unit (UR-2 zone)1.0/125 sf minimum (restaurants)1.0/450 sf minimum (retail/non-restaurant)1.0/550 sf minimum (office)

SITE DATA (EXISTING):

Owner: Double Oaks Development, LLCAddress: 4601 Charlotte Park Dr., Suite # 350

Charlotte, NC 28217Site Address: Unassigned

Existing Zoning: NSTax Parcel Numbers: 075-105-43

075-105-30075-105-37079-044-02

Existing Zoning: R-22 MFTax Parcel Numbers: 075-111-01

075-124-02075-123-01075-112-01075-113-04075-113-01

Existing Zoning: I-2Tax Parcel Numbers: 079-043-03

Existing Zoning: R-8Tax Parcel Numbers: 075-114-23

075-114-24

SITE DATA (PROPOSED):

Development Area 1Proposed Zoning: NS (SPA)Proposed Use: Multi-Family & attached Club House uses

[See Development Standards]Dwelling Units: 48Area: +/- 2.38 ac.

Development Area 2Proposed Zoning: NS (SPA)Proposed Used: Mixed Use [Retail/Office: ≤ 15,000 SF]


Development Area 3Proposed Zoning: NS (SPA)Proposed Use: Mixed Use [Retail/Office: ≤ 20,000 SF]


Development Area 4/EasementProposed Zoning: NS (SPA)Proposed Use: Green Way / Park via Easement

[See Development Standards]Area: +/- 2.88 ac.

Development Area 5Proposed Zoning: NS (SPA)Proposed Use: Multi-Family

[See Development Standards]Dwelling Units: 72Area: +/- 1.44 ac.

D

C

A

B

NOT FOR CONSTRUCTION

2151 Hawkins StreetSuite 400Charlotte, NC 28203-4927

T 704 377 0661F 704 377 0953

www.shookkelley.com

850 South Robertson Blvd.Suite OneLos Angeles, CA 90035-1621

T 310 659 9482F 310 659 9528

Petition #2008-Charlotte, NC

Prepared for:CMHPCharlotte Mecklenburg Housing PartnershipDavid Howard4601 Charlotte Park DriveCharlotte, NC 28217704.342.0933 p

Double OaksPhase II

CAD File Name:

Project name/#:

Key Date Description

This Drawing is the property of Shook Kelley, Inc. and is not to be reproduced in whole or in part. It is to be used for the project and site specifically identified herein and are not to be used on any other project. This Drawing is to be returned upon the written request of Shook Kelley, Inc.

Copyright 2007 Shook Kelley, IncAll Rights Reserved.

SP101

DOUBLE OAKS PHASE IIRE-ZONING PLAN SUBMITTALFOR PUBLIC HEARING

08_0125_DO_ZONING_PLAN.MCD

1 2008_02_15 First Submittal2 2008_05_15 Second Submittal3 2008_06_16 Public Hearing4 2008_06_25 Zoning Committee

Project / 07024

Petition #2008-73Technical Plan

BUILDING EDGES(No stand-alone surface parking permiitted)

BU

I LD

ING

ED

GE

S

( No

sta

nd

- alo

ne

su

r fa

ce

pa

r kin

g p

er m

i i tt e

d)

BU

I LD

ING

ED

GE

S(N

o s

tan

d-a

lon

e s

urfa

ce

pa

r king

pe

rmiitte

d)

R/W

10"

14"

18"

16"

16"

10"28"

12"

12"

12"

22"

26" 20"

20"

18"

8"

8"

10"

20"

10"

28"

12"

12"

12"

12"14"

24" 14"

18"

12"

12"

12"

12"

12"

20"20"

32"

32"

18"

22"

66"

32"

30"

14"24" 16"

10"

10"16"16"

16"

16"

16"30"

6"

12"

12"

30"

10"

DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

DEV. AREA 7A

POSSIBLE BMP- 0.3ACsub-surface

POSSIBLE BMP - 0.59 Acres

POSSIBLE BMP - 0.18 AC


















DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

DEV. AREA 7A























B U I L D IN G E D G E S

( N o s ta n d - a lo n e s u r f a c e p a rk in g p e r m i i t t e d )

BU

ILD

ING

ED

GE

S

(No

sta

nd

-alo

ne

su

rfac

e p

arkin

g p

erm

iitted

)


Building/ParkingEnvelope





Proposed Easment to Mecklenburg CountyAnita Stroud Park Extension

Proposed Easment to Mecklenburg CountyAnita Stroud ParkExtension

Proposed Easment to Mecklenburg CountyAnita Stroud Park Extension

TREE SAVE AREA15' B.O. R.O.W. & LINE OF 20'UNDISTURBEDSTREAMSIDE ZONE0.55 AC

TREE SAVE AREA15' B.O. R.O.W. & EXIST. PROPERTY LINES1.03 AC

TREE SAVE AREA15' B.O. SWIM BUFFEREXIST. PROPERTY LINES0.32 AC

S t r

e e

t '

B '

55'

RO

W F

utur

e

SWIM

BUFFER P

RO

POS

ED E

AS

EMEN

T

35'

LIN

E

10' PEDESTRIANSIGHT TRIANGLE

PER CDOT

Benson Street 30' ROWProposed Street Abandonment

ACCESS 'B'FUTURE

Private Street (shared)

10' PEDESTRIAN SIGHT TRIANGLE PER CDOT

S T A T E S V I L L E A V E N U E / U S H I G H W A Y 2 1Existing 60' R.O.W / 80' + Easements Proposed

Proposed CATS bench pad per Standard 60.02A

ACCESS 'A'


PER CDOT


20' CLA

SS

"C" B

UF

FE

R2

0' R

EA

R Y

AR

D

S t

r e

e t

' C

'

55

' R

. O.W

. P

rop

os

ed

NEW R

OW

- PRO

POSED

EASEMENT

LINE


S t

r e

e t

'A

'6

7' R

.O.W

. Pro

pos

ed

S t r e e t 'I'

61' R.O

.W. P

roposed

S t

r e

e t

'J'

6

7' R

.O.W

. Pro

pose

d

S t r e e t 'F' 53' R.O.W. Proposed

S t r e e t 'E' 53' R.O.W. Proposed

S t r e e t 'E' 53' R.O.W. Proposed

S t

r e

e t

'C'

5

1' R

.O.W

. Pro

pose

d

S t r

e e

t 'C

'

51

' R.O

.W. P

ropo

sed

S t

r e e

t 'C

'

51'

R.O

.W. P

ropo

sed

S t r e e t 'H' 53' R.O.W. Proposed

S t r

e e

t 'G

'

53'

R.O

.W. P

ropo

sed

S t r e

e t

'G'

53'

R.O.W

. Pro

pose

d

S t

r e e

t 'K

'45

' R.O

.W. P

ropo

sed

S t r e e t 'D' 74' R.O.W. Proposed

S t r e e t 'D' 74' R.O.W. Proposed

S t

r e

e t

'J'

5

3' R

.O.W

. Pro

pose

d

S t

r e

e t

'L'

5

3' R

.O.W

. Pro

pose

d

S t r e e t 'C' 53' R.O.W. Proposed

S t

r e

e t

'I'

75' R

.O.W

. Pro

pose

d

S t r e e t 'I'

87' R.O

.W. P

roposed

S t r e e t 'I '

73' R.O

.W. P

roposedS

t r e e t 'I'

6 7' R.O

. W. P

ro p os e d

TECHNICAL PLAN 0 150 250 350 450 550 FT

TRUE NORTH


BU

ILD

ING

ED

GE

S

(No

sta

nd

-a

l on

e s

ur

fac

e p

ark

ing

pe

rm

iitted

)

Future StreetConnection

PROPOSEDPEDESTRIAN/BICYCLE

CONNECTION

PROPOSED COMMONOPEN SPACE









PROPOSED FUTURE GREENWAY CONNECTIONSIZE AND LOCATION TO BE DETERMINED JOINTLY BETWEEN CMHP AND MECKLENBURGCOUNTY PARK & RECREATION DEPARTMENT.SEE DEV. NOTE 12.3 FOR MORE DETAIL.

TREE PRESERVATION AREA:SEE DEVELOPMENT NOTESFOR ADDITIONAL DETAILSSIZE: (WEST) +/- 2.18 AC. (EAST) +/- 2.16 AC.

TREE PRESERVATION AREA:SEE DEVELOPMENT NOTESFOR ADDITIONAL DETAILSSIZE: (WEST) +/- 2.18 AC. (EAST) +/- 2.16 AC.



PER CDOT


PER CDOT

POSSIBLE EASEMENT DEDICATION TO MECKLENBURG COUNTY PARK & RECREATION.SEE DEV. NOTE 12.4 FOR MORE DETAIL.

TREE SAVE AREA15' B.O. PROPOSED PROPERTY LINES0.34 AC

K O

H L E

R A

V E

.

W O

O D

W A

R D

A V

E.

D E

A R

B O

R N

A V

E.

M O

N A

D R

.

D R

U I D

C I R

.

M O

R E

T Z

A V

E.

N O

R R

I S A

V E

.

N E W

L A

N D

R D

.

D O U B L E O A K S R D.


D

C

A

B



T 704 377 0661F 704 377 0953

www.shookkelley.com


T 310 659 9482F 310 659 9528



Double OaksPhase II

CAD File Name:

Project name/#:




SP102

DOUBLE OAKS PH. IIRE-ZONING PLAN SUBMITTALFOR PUBLIC HEARING


1 2008_02_15 First Submittal2 2008_05_13 Revised Submittal3 2008_06_16 Public Hearing4 2008_06_25 Zoning Committee

Project / 07024

Petition #2008-73

6

2

7

7

4

4

CONNECT WITH EXISTING TRAIL

GABLES PHASE 2 (PROPOSED)

724

EXISTING GABLES BUILDING

EXISTING DETENTION POND

FIRE EASEM ENT

HC

HC

HC

HC

19

5

54

8

DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

FR O N T

R EA R

PLAYGROUND

G A T E

G A T E

FR O N T

R EA R

DEV. AREA 7A





















6

2

7

7

4

4

CONNECT WITH EXISTING TRAIL

GABLES PHASE 2 (PROPOSED)

724

EXISTING GABLES BUILDING

EXISTING DETENTION POND

FIRE EASEM ENT

HC

HC

HC

HC

19

5

54

8

DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

FR O N T

R EA R

PLAYGROUND

G A T E

G A T E

FR O N T

R EA R

DEV. AREA 7A






















SCHEMATIC PLAN TRUE NORTH


PROPOSED SINGLE FAMILYDETACHED HOUSING

PROPOSED SINGLE FAMILYATTACHED HOUSING

ANY BMP LOCATED HERETO BE SCREENED

PROPOSEDDAYCARECENTER

0 150 250 350 450 550 FT

POTENTIALOUTDOORRECREATIONALUSELOCATION

K O

H L E

R A

V E

.

W O

O D

W A

R D

A V

E.

D E

A R

B O

R N

A V

E.

M O

N A

D R

.

D R

U I D

C I R

.

M O

R E

T Z

A V

E.

N O

R R

I S A

V E

.

N E W

L A

N D

R D

.



Schematic Plan





075-105-30075-105-37079-044-02


075-124-02075-123-01075-112-01075-113-04075-113-01




[See Development Standards]Dwelling Units: 48Area: 2.38 ac.


[See Development Standards]Dwelling Units: Up to 70Area: 1.28 ac.




[See Development Standards]Area: 2.88 ac.





Development Area 7Proposed Zoning: UR-2Proposed Use: Residential / Green Way Park via Easement

[See Development Standards]Dwelling Units: Up to 400Area: 39.61 ac.Site Area in Easement: 0.32 AC.

Development Area 7AProposed Zoning: UR-2Proposed Use: Residential / Green Way Park via Easement


Development Area 8Proposed Zoning: UR-2Proposed Use: Multi-Family, Single Family Attached, Day Care


TOTAL SITE AREA: 63.73 AC.EASEMENT AREA DEDICATION: 2.42 AC.NET AREA: 61.31 AC.

PROPOSED TREE SAVE AREA: 1.9 AC.


D

C

A

B



T 704 377 0661F 704 377 0953

www.shookkelley.com


T 310 659 9482F 310 659 9528



Double OaksPhase II

CAD File Name:

Project name/#:




SP103




Project / 07024

Petition #2008-73

Proposed Zoning BoundariesTechnical Plan

DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

DEV. AREA 7A





















DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

DEV. AREA 7A






















Benson Street 30' ROWProposed Street Abandonment

TECHNICAL PLAN 0 150 250 350 450 550 FT

TRUE NORTH

PROPOSED NEIGHBORHOODSERVICES ZONE

NS (SPA)

PROPOSED URBANRESIDENTIAL ZONE

UR-2 (CD)

PROPOSED NS

PROPOSED NS (SPA)_

PROPOSED NS (SPA)

PROPOSED NS (SPA)

PROPOSED NS (SPA)

PROPOSED NS (SPA)

PROPOSED UR-2 (CD)

PROPOSED UR-2 (CD)

PROPOSED UR-2 (CD)

3Single Family - Attached/Detached - UR255' Typical Street Section Two-Lane Two-Way Residential Street

55' PUBLIC ROW

27' BOC-BOC 14'

6'8'

5'REQUIRED8' FACADE ZONEBALCONIES, HABITABLE BAYS, PORCHES, EAVESAWNINGS.

8'5' ENCROACHMENTEAVES, STOOPS,

AWNINGS.

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

GRADE

40' MA

XIM

UM

HE

IGH

T *

LEV 2

LEV 3

EAVE

VA

RIE

S

RIDGE

24' MIN

IMU

M H

EIG

HT

10' 8'

PED YARD DWELLINGZONEDEV.

18'

10' S.B.

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions* 40 Maximum height in the UR-2 District may be increased, provided that rear and sideyards are increased 1' for every 10' feet increase over the base 40' height.

Typical - Medium Residential Street

14'

26'6' 8'


8'

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

GRADE

40' M

AX

IMU

M H

EIG

HT

*

LEV 2

LEV 3

EAVE

VA

RIE

S

RIDGE

24'

MIN

IMU

M H

EIG

HT

10'8'

PEDYARDDWELLINGZONEDEV.

18'

10' S.B.

MIXED VEHICLEPARKING ZONE

5BProposed Badger Court Street Section - UR2Two-Lane Two-Way Residential Streetwith Turn Lanes and On-Street Parking

Existing Building

12'

5'

5'

66' PUBLIC ROW R.D.U.

5'

EXISTING BUILDING

66' PUBLIC ROW40' BOC-BOC

R.O

.W. L

INE

FN STGRADE

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

36' M

INIM

UM

HE

IGH

T

5' ENROACHEMENT AREABALCONIES, HABITABLE BAYS, UPPER AWNINGS,EAVES, STOOPS, LANDSCAPE

5' 5'

ROOFLINE

10'

EX

ISTI

NG

R.O

.W. L

INE

9' M

IN.

5'

MIN

. BLD

G S

.B.

RDU5'

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions

6"

6"5' 8'

5' 8'

13'

10'

5'

Residential Section Turn Lanes

SB

SB

5' FACADE DEVELOPMENT AREABALCONIES, HABITABLE BAYS, PORCHES

10' 8'

13'

DE

V A

RE

A

7' 6" 8'10'RightLane

Park

6"

MIN

. BLD

G S

.B.

12'

LeftLane

7'

5AProposed Badger Court Street Section - UR2Two-Lane Two-Way Residential Streetwith Turn Lane

Existing Building

12'

5'

5'

Varies 59' - 66' PUBLIC ROW R.D.U.

5'

EXISTING BUILDING

Varies 59' - 66' PUBLIC ROW

33' BOC-BOC

R.O

.W. L

INE

FN STGRADE

60' M

AX

IMU

M H

EIG

HT

*

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

36' M

INIM

UM

HE

IGH

T

VA

RIE

S


5' 5'

ROOFLINE

10'

EX

ISTI

NG

R.O

.W. L

INE

9' M

IN.

5'

MIN

. BLD

G S

.B.

RDU5'


6"

6"5' 8'

5' 8'

13'

10'

5'

Residential SectionTurn Lanes @ Statesvillle

SB

SB


10' Varies 8'-15'

Varies 13' - 20'

DE

V A

RE

A

7' 6" 8'10'RightLane

Park

6"

MIN

. BLD

G S

.B.

12'

LeftTurnLane

100'StackMin.

100'StackMin.

4 Single Family - Attached / Detached - UR2Street 'K' Linear Park Section One-Lane One-Way Residential Street withParallel Parking

39'

22' BOC-BOC 13'7' 5'8'

MEDIAN CURB

5' 8' FACADE ZONEBALCONIES, HABITABLE BAYS, PORCHES, EAVESAWNINGS.


AWNINGS.

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

GRADE

LEV 2

LEV 3

EAVE VA

RIE

S

RIDGE

24' MIN

IMU

M H

EIG

HT

PED

MEDIAN CURB

8'

PED YARD DWELLING

ZONEDEV.

ROAD O.S.PARK

13'

5'

8'

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions* 40 Maximum height in the UR-2 District may be increased, provided that rear and

side yards are increased 1' for every 10' feet increase over the base 40' height.

PUBLIC R.O.W.

5'14'

VA

RIE

S

40' MA

XIM

UM

HE

IGH

T

SB

20'-0"FIRE ACCESS

30' MINIMUM WIDEGRASS PAVERS W/MOUNTABLE CURBFOR FIRE ACCESS

5'

'K' Street - Avenue

3MU Typical Mixed-Use Street Section - NS - Wide Res.Two-Lane Two-Way MU Residential Street with Parallel Parking Both Sides

2'

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

GRADE

60'

MA

XIM

UM

HE

IGH

T*

LEV 2

LEV 3

EAVE

24'

MIN

IMU

M H

EIG

HT

VA

RIE

S

8' FACADE ZONEBALCONIES,

HABITABLE BAYS,PORCHES, EAVES

AWNINGS.

8'

RIDGE

12' M

IN.

MIN

. BLD

G S

.B.

* 60 Maximum height in the NS District may be increased, provided that rear and sideyards are increased 1' for every 10' feet increase over the base 40' height.Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions

2' ENCROACHMENT EAVES, BAYS, AWNINGS.

8' FACADE ZONEBALCONIES, HABITABLE BAYS, PORCHES, EAVESAWNINGS.

2' ENCROACHMENTEAVES, BAYS,

AWNINGS.

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

GRADE

60' MA

XIM

UM

HE

IGH

T*

LEV 2

LEV 3

EAVE

VA

RIE

S

RIDGE

24' MIN

IMU

M H

EIG

HT

ROADPEDDEV.DWELLINGZONE

ROAD PED

2'

DEV. DWELLINGZONE

PARKPARK

22' O

.C. T

YP

.

22' O

.C. T

YP

.

67' PUBLIC R.O.W.

35' BOC-BOC

7'

16'

10' 8' 8'

67' PUBLIC R.O.W.

7'

16'

10'8'8'8' 8'

Mixed-Use Street Section

OPTIONALTREE GRATE INAMENITY ZONE

8'

Multi Family / Single FamilyPark Edge - NS / UR255' Anita Stroud Park Road Street Section Two-Lane Two-Way Residential Street Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions* 6' Planting Strip against park face

5'5' DEVELOPMENT ZONEPORCHES, EAVES, STOOPS,

AWNINGS, BALCONIES,HABITABLE BAYS.

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

BSMNT

LEV 2

LEV 3

EAVE

VA

RIE

S

RIDGE

DWELLING

DEV.

LEV 1

DWELLING

60' MA

XIM

UM

HE

IGH

T

2MF2SF

Park Edge - One Half Residential Wide

55' PUBLIC ROW

30' BOC-BOC

22'

14'

6'8'

PARK

PEDPARK

5'

PED YARDROAD O.S.

6'

5'

11'

5'

SMALLMATURING TREE

SB

1AStatesville Avenue Street Section - NSFour-Lane Two-Way Street

84' PUBLIC ROW

16'

MIN

. SE

TBA

CK

BU

ILD

-TO

LIN

E

60' M

AX

IMU

M H

EIG

HT

LEV 2

LEV 3

EAVE

36' M

INIM

UM

HE

IGH

T

VA

RIE

S

CENTERLINERIDGE

8'

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions * Additional 5.5' dimension reserved for a dimension of 150' in both directions

from the future corner radius of Statesville/Woodward intersection. This section assumes the City would take control of this portion of Statesville Avenue from NCDOT.

MIN

. SE

TBA

CK

BU

ILD

-TO

LIN

E

GRADE

60' MA

XIM

UM

HE

IGH

T

LEV 2

LEV 3

EAVE

RIDGE

36' MIN

IMU

M H

EIG

HT

VA

RIE

S

ROADPED

57' BOC-BOC

11'11'

ROAD

GRADE

12' M

IN.

LEV 1

ROADROAD

8'

16'

8'11' 11' 8'

DWELLING / MIXED-USE DWELLING / MIXED-USE

4' 4'

BIKE PEDBIKE

Statesville Avenue

DEV DEV

84' PUBLIC ROW

2' ENCROACHMENTEAVES, STOOPS,

AWNINGS.


AWNINGS.



8'8'

*5.5' *5.5'

* *

1Statesville Avenue Street Section - NSFour-Lane Two-Way Street

80' PUBLIC ROW

16'

MIN

. SE

TBA

CK

BU

ILD

-TO

LIN

E

60' M

AX

IMU

M H

EIG

HT

LEV 2

LEV 3

EAVE

36' M

INIM

UM

HE

IGH

T

VA

RIE

S

CENTERLINERIDGE

8'

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions* This section assumes the City would take control of this portion of Statesville Avenue from NCDOT.

MIN

. SE

TBA

CK

BU

ILD

-TO

LIN

E

GRADE

60' MA

XIM

UM

HE

IGH

T

LEV 2

LEV 3

EAVE

RIDGE

36' MIN

IMU

M H

EIG

HT

VA

RIE

S

ROADPED

57' BOC-BOC

11'11'

ROAD

GRADE

12' M

IN.

LEV 1

ROADROAD

8'

16'

8'11' 11' 8'

DWELLING / MIXED-USE DWELLING / MIXED-USE

4'2.5' 4'2.5'

BIKE PEDBIKE

Statesville Avenue

DEV DEV

80' PUBLIC ROW

4.5' 4.5'

4.5' SIDEWALK EASEMENT WITHIN SB


AWNINGS.


AWNINGS.



8'8'

Proposed Badger Court Street Section - UR2Two-Lane Two-Way Residential Streetwith Taper and On-Street Parking

Existing Building

12'

5'

5'


5'


6"5' 20' 12'

Residential Section Taper

SB

SB

7' 6" 8'10'

Taper

Park

100'

Min

. Tap

er

5C

EXISTING BUILDING

68' PUBLIC ROW

28' - 38' BOC-BOC

R.O

.W. L

INE

FN STGRADE

60' M

AX

IMU

M H

EIG

HT

*

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

36' M

INIM

UM

HE

IGH

T

VA

RIE

S


5' 5'

ROOFLINE

12' - 20'

EX

ISTI

NG

R.O

.W. L

INE

9' M

IN.

5'

MIN

. BLD

G S

.B.

RDU5'6"5' 8'-16'

13' - 21'

5'


10' 8'

13'

DE

V A

RE

A

6"

MIN

. BLD

G S

.B.

7'varies

variesvaries

varies

S 44°1

1'55"

E 4

76.40

' TOTAL

N 43°

00'43

" W 4

44.2

4'

S 09°37'53" E 272.92'

219.

16'

152.

11'

105.

13'

N 89° 51'12" W

3 80.00' TO

TA

L

199.7 3'180.2 7'

N 30°38'28" E 422.41' TOTAL

119.69'

198.12'

104.60'

N 89° 51'54" W

147.71'

S 46°

21'28

" E 1

71.5

2'

S 46°

21'28

" E 1

83.0

7' T

OT.

150.

38'

32.6

9'

N 46°

18'07

" W 2

73.2

8' T

OTAL

88.1

1'

185.

17'

S 43°43'53" W 149.51'S 30°38'28" W 308.13' TOTAL

121.14'33.36'

153.62'

S 6

7°45

'32"

E 2

50.7

8' T

OTA

L

N 6

7°45

'32"

W 2

56.8

6'

S 22°14'28" W 193.53'

202.

55'

48.2

3'

S 55

°21'

57" E

133

.94'

S 55

°21'

57" E

133

.94'

N 45°

57'37

" W 2

00.0

0'

N 19°49'37" W 270.00'

S 00°31'32" E 590.00'

S 00°31'32" E 320.00'S 00°31'32" E 220.00'

N 60°07'08" E 289.44'

N 60°07'08" E 289.44'

S 22°14'28" W 624.54'

S 22°14'28" W 390.43'

S 22°14'28" W 1064.97'

S 8

4 °32

' 12"

E 1

85. 6

1'

N 22°14'28" E 213.00'

N 56°57'48" E 155.00'

N 22°14'28" E 127.00'N 13°14'12" W 160.00'

N 22°14'28" E 255.00'

S 6

7°45

'32"

E 3

00.0

0'

N 21°25'13" E 1423.62' TOTAL

410.27'

125.91'

836.33'

51.10'

N 00°18'50" W 528.37'N 00°31'32" W 339.48'

N 00°08'17" E 383.93' N 00°54'23" W 525.26'

S 75°53'12" W

647.76' TO

TA

L

483.16'

164.60'S

67°45'28" W 200.00'

S 67°45'28" W

200.00'

S 6

7°45

'32"

E

88.3

0'

88.3

0'

S 6

7°45

'32"

E

S 01°51'32" E 192.72'

S 01°51'32" E 192.72'

S 45°

55'46

" E 3

44.3

1'

S 45°

55'46

" E 3

44.3

1'

S 02°25'09" E 399.86'

S 6

6°53

'17"

E

85.0

0'

85.0

0'

S 6

6°53

'17"

E

S 21°24'43" W 197.52'

N 19°05'03" E 297.63' TOTAL

101.94'

195.69'

S 6

9°22

'07"

E 1

59.9

0'

N 26°27'07" E81.73'

N 50°

49'0

7" W

184

.92'

165.

31'

19.6

1'

121.

59'

100.

10'

95.2

2' N 6

4°40

'14"

W 5

17.9

8' T

OTA

L

50.1

2'

95.3

5'

55.5

9'

S 52

°59'

26" E

700

.75'

S 6

4°45

'56"

E

100.

00'

82.1

5'

S 6

5°16

'26"

E

148.67'

S 52°53'13" W

S 35°16'56" E 1

91.50'

S 6

9°16

'56"

E 1

60.0

0'

S 52

°16'

56" E

178

.00'

L5

C66666666666

C88888888888

L6 C99999999999

C100000000000 L7L8

L9

L10

L11

L12

L13

C111111111111

L14

C122222222222

L15

C133333333333C155555555555

C1 77777777777C188888888888

C199999999999C200000000000

L1 6

L1 7C

211111111111

C2

22222222222

C233333333333

C244444444444

C2 55555555555C2 66666666666

C277777777777

C288888888888

C

2 99999999999

C

3 00000000000

C3

11111111111C

322222222222

C333333333333C344444444444

S 63°23'28" W

175.64'

S 63°23'28" W

176.16'

S 6

7°16

'56"

E 1

52.0

1'

S 50

°51'

57" E

315

.32'

C

355555555555

C366666666666

C377777777777

C388888888888

C399999999999L20

C400000000000

C411111111111

C422222222222

L21

L22

C433333333333

C444444444444

C455555555555

L23C466666666666

C477777777777

L24

C488888888888

L25C499999999999

C500000000000

C511111111111

L26

L27L28L29L30L31L32

S 69°01'47" W

172.23'

S 01°59'32" E

142.14'

TIE LINE

L18

L19

60' P

ublic

R/W

Sam

uel S

treet

50' P

ublic

R/W

Double Oaks Road 50' Public R/W

Horne Drive 50' Public R/W

Moss C

ourt 50' Public R

/W

Horne

Driv

e

5

0' P

ublic

R/W

50' Public R/W

Badger C

t. 50' Public R

/W

L33

De

arbor n

Ave

nue 4

0' Pu

blic R/W

Rush Wind Drive40' Public R/W

Brewton Drive40' Public R/W

40' Public R/W

Double Oaks Drive

Interstate 77 Variable Public R/W

Statesville Avenue Variable Public R/W

TIE

S 11°40'49" E144.86'

TIE LINE

NOW OR FORMERLYDouble Oaks AssociatesDeed Bk. 4658, Pg. 690

ID #07511304Mecklenburg Co. Registry











1

2

NOW OR FORMERLYCity of Charlotte

Deed Bk. 1392, Pg. 565ID #07512302

Mecklenburg Co. Registry

3

4

NOW OR FORMERLYMecklenburg County

Deed Bk. 9276, Pg. 437ID #07512401



Deed Bk. 9276, Pg. 437ID #07511305



Deed Bk. 9276, Pg. 437ID #07707901


NOW OR FORMERLYNew Life Fellowship Center

of Charlotte, Inc.Deed Bk. 8732, Pg. 128


6

7

8

9

10

11

12

NOW OR FORMERLYCharlotte-Mecklenburg

Board of EducationDeed Bk. 1479, Pg. 311


NOW OR FORMERLYCharlotte-MecklenburgHousing PartnershipDeed Bk. 14710, Pg. 353ID #07510530Mecklenburg Co. Registry


13

NOW OR FORMERLYThe Roman Catholic Diocese

of CharlotteDeed Bk. 3387, Pg. 597


14

15

16

15' San. Sewer Esm

t.

Deed Bk. 9276, Pg. 437

10' San S

ewer E

smt .

Dee d B

k. 14 42, Pg. 2 46

15' San

. Sewer

Esmt.

Deed B

k. 9276, Pg. 437

15' S

an. S

ewer

Esm

t.

Dee

d Bk

. 927

6, P

g. 4

37

15' S

an. S

ewer

Esm

t.

Dee

d Bk

. 927

6, P

g. 4

37

15' San. Sewer Esm

t.

Deed Bk. 9276, Pg. 437

15' San. S

ewer E

smt.

Dee d B

k. 92 76, Pg. 4 37

Horne Drive

130.0'

130' Duke P

ower R

/WM

ap Bk. 6, P

g. 212M

ec klenburg Co. R

e gistry

100' SWIM Buffer

35' S

WIM

Buf

fer

100 Year

Floo dplain

S 21°24'43" W 244.42'

35' S

WIM

Buf

fer

E/P

Lot 16Lot 15

Old C

ar ter Av e. R

/ W

BoC

Parking LotAsphalt

Lot 20Lot 22Lot 21

Lot 23Lot 22

Lot 24Lot 23

Lot 24Lot 18

Lot 18Lot 17

Lot 17Lot 16

1 STORY BRICK

81.1ft

28.3ft

SignDI

STATESVILLE ROAD 60' PUBLIC R/W

Adams Outdoor Advertising


WO

OD

WA

RD

AV

EN

UE

50' P

UB

LIC

R/W

(See Zoning Ordinance Sec. 12.103)Proposed 80' R/W

NOW OR FORMERLYDruid Hills, LLCDeed Bk. 13301, Pg. 839Parcel #079-044-01Meck. County Registry

NEW PROPERTY LINE

STORM DRAINAGE EASEM ENT

Of Unkown OwnershipRemnant Parcel

15' Upland Zone

15' Upland Zone

Undisturbed

20' StreamsideZone

15' Upland Zone

Undisturbed20' Streamside Zone

(CMUD JOB #614-87-543)

#075-105-39

(AB

AN

DO

NE

D)

ST. TO BE ABANDONEDTHIS PORTION OF BENSON

40' P

UB

LIC

R/W

ST

ST

ST

ST

E/ P E

/ P

Map Book 332, Pg. 449Lucile T. Brown Property

Ta

x Parc el #0

75-1

14-14

Ta

x Parc el #0

75-1

14-13

Ta

x Parc el #0

75-1

14-12

4

Tax Parcel

Tax Parcel #075-105-30



075-105-38Tax Parcel #



C RE E

K T O

P

CREE

K TO

P

102

R/W

CA

RT

ER

AV

EN

UE

R/W

1

STATESVILLE AVE. - U.S. HWY 21 60' PUBLIC R/W

R /W

R /W

R/W

R/W

35' SB

35' SB

CREEK TOP

CREE

K TO

P

CREEK

KO

HLE

R A

VE

NU

E 50' P

UB

LIC

R/W

DITCH TOP

DITCH TOP

(MAP BOOK 8 , PG . 143)

20 ' SAN. SEWER AND

ABANDONDED

15' PERM

. R/W

EASEM

ENT

9

87

5

43

BENSON STREET 30' PUBLIC R/WE/P

E/P

E/P

E/P

R/W

R/W

R/W

R/W

R/W

R/W

35' S

WIM

BUF

FER

35' SWIM BUFFER

35' S

.B.

CREEK TOP

CREEK TOPCREEK

SANITARY SEWER SUBJECT TO ALLEASEMENTS AND ENFORCEABLERESTRICTIONS OF RECORD.

6

Charlotte-Mecklenburg

Housing Partnership

Deed Bk. 14710, Pg. 353

ID #07510543


Zoned R-8

Zoned-R8


Zoned-R8


Zoned-R8

Charlotte-Mecklenburg

Housing Partnership

Deed Bk. 14710, Pg. 353

ID #07510543


Zoned R-8


Zoned-R8


Zoned-R8


Zoned-R8


Zoned-R8

S 45°5

5'46"

E


NOW OR FORMERLYRobinson, L.L.C.


NOW OR FORMERLYDonald Ray & Linda G. Anderton


DEV. AREA 4

DEV. AREA 6

DEV. AREA 1

DEV. AREA 2

DEV. AREA 3

DEV. AREA 7

DEV. AREA 8

DEV. AREA 5

DEV. AREA 7A

Street Section and Abandonment Re-Zoning Plan

TECHNICAL DATA SHEET TRUE NORTH


0 150 250 350 450 550 FT

S t a t e s v i l l e A v e n u e U. S. H i g h w a y 21

Existing 60' R.O.W / 73' + Easements Proposed

ACCESS 'A'

111

2SF

3

33

3

3

3

3

3

3

3

33

3

3MU

4

4

5a5b

5c

5d

5e

6

6

6

6

6

MOSS COURT50' PUBLIC R.O.W.PROPOSED ABANDONMENT

HORNE STREET50' PUBLIC R.O.W.PROPOSED ABANDONMENT

DEARBORN AVE.40' PUBLIC R.O.W.PROPOSED HAMMERHEADTURNAROUND



2SF

2MF

2MF

2SF

2MF

2MF

2MF

44

4

4

3

3

2MF

3MU

5f

7

NOTE: ALL STREET SECTIONS PROPOSEVERTICAL CURB EXCEPT FOR SECTION 1 AND 1A, WHICH WILL COMPLY WITH NCDOT GUIDELINES. STREET SECTIONS SHOWN ACCOMMODATE ADDITIONAL LANE WIDTHS TO ACCOUNT FOR OMISSION OF CONCRETE GUTTER.

NOTE: THE INTERSECTIONOF WOODWARD AVENUE ANDSTATESVILLE ROAD WILL BE IMPROVED AS DESCRIBED ONTHE DEVELOPMENT NOTES.

NOTE: STREET SECTION 1ADEPICTS A 5.5' AREA RESERVEDSHOULD LEFT TURN LANESFROM STATESVILLE AVENUE BE DEEMED NECESSARY FORFUTURE DEVELOPMENT. SEEDEVELOPMENT NOTES FOR MORE DETAIL.

K O

H L E

R A

V E

.

M O

N A

D R

.

D R

U I D

C I R

.

M O

R E

T Z

A V

E.

N O

R R

I S A

V E

.

5F Proposed Badger Court Street Section - UR2Two-Lane Two-Way Residential StreetOn-Street Diagonal and Parallel Parking

Existing

10'

5'

8' 5'


71' PUBLIC ROW

13'50' ROADWAY BOC-BOC

8'7'

5'MAX.

R.O

.W. L

INE

FN STGRADE

40' M

AX

IMU

M H

EIG

HT

*

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

DE

V. Z

ON

E

24' M

INIM

UM

HE

IGH

T

VA

RIE

S

CENTERLINEROAD

5' 5'

ROOFLINE

10'

EX

IST.

PR

OP

ER

TY L

INE

PR

OP

OS

ED

R.O

.W. L

INE

9' M

IN.

5'

5'

MIN

. BLD

G S

.B.

5'


6"

9'TYP.

Residential Section

6"7' SB 5' Development Zone

Existing Varies

SB5' ENROACHEMENT AREABALCONIES, HABITABLE BAYS, UPPER AWNINGS,EAVES, STOOPS, LANDSCAPE


R.D.U.SB

Development Zone

8'

19' 13'

5'

6"

5' SIDEWALKEASEMENT

13'18.5'8'5' 6" 6"ESMT

REVERSE DIAGONAL PARKING

5E Proposed Badger Court Street Section - UR2Two-Lane Two-Way Residential StreetOn-Street Reverse Diagonal Parking (Both Sides)

Existing

13'

5'

18.5' 8' 5'


86' PUBLIC ROW


8'19'

5'MAX.

R.O

.W. L

INE

FN STGRADE

40' M

AX

IMU

M H

EIG

HT

*

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

DE

V. Z

ON

E

24' M

INIM

UM

HE

IGH

T

VA

RIE

S

CENTERLINEROAD

5' 5'

ROOFLINE

13'

EX

IST.

PR

OP

ER

TY L

INE

PR

OP

OS

ED

R.O

.W. L

INE

9' M

IN.

5'

5'

MIN

. BLD

G S

.B.

5'


6"

9'TYP.

Residential Section

6"6" SB 5' Development Zone

Existing Varies



R.D.U.SB

Development Zone

8'

19' 13'

5'

6"

5' SIDEWALKEASEMENT

13'18.5'8'5' 6" 6"ESMT

REVERSE DIAGONAL PARKING

D

C

A

B



T 704 377 0661F 704 377 0953

www.shookkelley.com


T 310 659 9482F 310 659 9528



Double OaksPhase II

CAD File Name:

Project name/#:




SP103

DOUBLE OAKS PH. IIRE-ZONING PLAN SUBMITTALFOR PUBLIC HEARING


1 2008_02_15 First Submittal2 2008_05_13 Revised Submittal3 2008_06_16 Public Hearing4 2008_06_25 Zoning Committee

Project / 07024

Petition #2008-73

Street Sections& AbandonmentTechnical Plan

6 Single Family - Attached/Detached - UR-2 Two-Lane with Parallel Parking on One Side

50' EXISTING TREE SPACING

32' BOC-BOC

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

GRADE

40' M

AX

IMU

M H

EIG

HT

*

LEV 2

LEV 3

EAVE

24'

MIN

IMU

M H

EIG

HT

VA

RIE

S

EXISTING R.O.W. VARIES

REQUIRED8' FACADE ZONE

BALCONIES,HABITABLE BAYS,PORCHES, EAVES

AWNINGS.

8'

RIDGE

12' M

IN.

MIN

. BLD

G S

.B.

Drawing is for illustrative purposes only and is subject to change. Drawing is subject to review by all reviewing legal jurisdictions* 40 Maximum height in the UR-2 District may be increased, provided that rear and side yards are increased 1' for every 10' feet increase over the base 40' height.

12'

9'

6'

74' PUBLIC ROW 16' S.B.

5' ENCROACHMENT EAVES, STOOPS,AWNINGS.



AWNINGS.

MA

X. S

ETB

AC

KB

UIL

D-T

O L

INE

MIN

. BLD

G S

.B.

GRADE

LEV 2

LEV 3

EAVE

VA

RIE

S

RIDGE

24' MIN

IMU

M H

EIG

HT

PEDYARDDEV.DWELLING

8' 8'

ZONEPED YARD DWELLING

ZONEDEV.

8' 8'

12'

74' PUBLIC ROW

50'

5'

16' S.B.

40' MA

XIM

UM

HE

IGH

T

+-5' +-7'

Double Oaks Road - Residential Wide

CENTERLINEROADWAY

12' 7'

9'

6'

EXISTING TREES

6"

22' P

AR

ALL

EL

SP

AC

ES

- V

AR

IES

7'15'

6"6' 6'

SP 104

5D Proposed Badger Court Street Section - UR2Two-Lane Two-Way Residential StreetOn-Street Reverse Diagonal Parking

Existing

13'

5'

18.5' 8' 5'12'


5'

20'

78' PUBLIC ROW


8'19'12'15'5'

5'MAX.

R.O

.W. L

INE

FN STGRADE

40' M

AX

IMU

M H

EIG

HT

*

FN FLLEV 2

FN FLLEV 3

FN FLLEV 4

EAVELINE

DE

V. Z

ON

E

24' M

INIM

UM

HE

IGH

T

VA

RIE

S

CENTERLINEROAD

5' 5'

ROOFLINE

13'

PR

OP

OS

ED

R.O

.W. L

INE

Varies

9' M

IN.

5'

5'

MIN

. BLD

G S

.B.

5'


6"6"

6"

9'TYP.

Residential Section

15' 6"6" SB 5' Development Zone

Existing Varies



R.D.U.SB

Development Zone

7Proposed Hammerhead Turn-Around at Dearborn Avenue

13'

40 PUBLIC ROW


6'

13'

Dearborn Avenue Hammerhead

8'

CMHPPARCEL

OLC CHURCHPARCEL

6" GUTTER

+/-7'+/-7'

PROPSED PATHCONNECTION TO

WOODWARD AVE.AND PARK

13.2 Petitioner shall construct a bench pad within the right-of-way of Statesville Avenueadjacent to Development Area 5 in the approximate location shown on theTechnical Data Sheet, said bench pad to be constructed in accordance with CATSDevelopment Standards 60.02A and only if they can be reasonably located withinsaid right-of-way.

14. ARCHITECTURAL CONTROLS

14.1 Buildings within Development Areas 1, 2, 3, 5, 6, and 8 with frontage on either:Statesville Avenue, Woodward Avenue, Kohler Avenue or streets A, C, F, I and Jshall have clear windows, glass and doors that face these respective streets. Thewalls of the buildings facing these streets shall be varied with a frequency ofwindows, doors and other architectural treatments. Long expanses of blank wallswith no openings, changes in materials or changes in architectural treatment over20 feel long will not be allowed.

14.2 All sides of all buildings located within Development Areas 1, 2, 3, 5, 6, and 8 willbe built using four sided architecture.

14.3 The Conceptual Streetscape Renderings depicted on Sheet SP-105 depict thegeneral intent of the Petitioner with respect to scale, articulation, rhythm, massing,proportions and design elements to achieve a high quality mixed-use community.While these drawings represent the Petitioner’s general intent, the final detailedbuilding design has not been completed; therefore modification or alterations tothese renderings may occur and will be allowed.

15. AMENDMENTS TO REZONING PLAN

Future amendments to the Technical Data Sheet and these Development Standards may beapplied for by the then owner or owners of the applicable parcel or parcels affected bysuch amendment in accordance with Section 6 of the Ordinance.

16. BINDING EFFECT

16.1 If this Rezoning Petition is approved, the development program established underthese Development Standards and the Technical Data Sheet shall, unless amendedin the manner provided under the Ordinance, be binding upon and inure to thebenefit of the Petitioner and the owners (from time to time) and their respectiveheirs, devisees, personal representatives, successors in interest and assigns.

16.2 Throughout this Rezoning Petition, the terms “Petitioner”, “Owner” or “Owners,”shall, with respect to each parcel within the Site, be deemed to include the heirs,devises, personal representatives, successors in interest and assignees of the owneror owners of the Site who may be involved in its development from time to time.

16.3 Upon approval, this Rezoning shall super-cede and replace any prior conditionalrezoning petitions applicable to the Site, including without limitation RezoningPetition No. 2008-035.

approval of this Petition. Building height for buildings within Development Area 7and 7A will be limited to 40 feet. Building height for buildings withinDevelopment Area 8 will be limited to 60 feet.

5. SCREENING AND LANDSCAPING

5.1 Screening will conform to the applicable standards of Section 12.303 of theOrdinance.

5.2 Landscaping shall meet or exceed the requirements of the Ordinance and the Cityof Charlotte Tree Ordinance. Newly installed landscaping shall be consistent withthe existing landscaping treatments.

5.3 Irrigation systems will be maintained by Petitioner or its successors and assigns inall landscaped setback areas along Statesville Avenue.

5.4 All roof mounted mechanical equipment will be screened from view.

5.5 Dumpster areas and recycling areas (if any) will be enclosed by solid fences or abrick wall with one side being a decorative wooden gate. If one or more sides of adumpster area adjoin a side or rear wall of a building, then the side or rear wallmay be substituted for a side.

5.6 As indicated on the Technical Plan sheet SP 101 the existing trees along DoubleOaks Road will be preserved. In conjunction with this tree save area the petitioneragrees to provide a tree preservation plan. The tree preservation plan will besubmitted to the City’s Urban Forestry Staff for review and approval. Theapproved tree preservation plan will be undertaken and executed during theconstruction process.

5.7 Tree save areas as identified on the Technical Plan will be preserved.

6. PARKING

6.1 Off street parking will meet or exceed the minimum standards established underthe Ordinance and will not be allowed within the setbacks. Parking for residentialuses will be provided at the ratio of one space per unit. In addition, restaurant usesshall be parked at a ratio of 1 space per 125 square feet of gross floor area for suchuses; retail (but non-restaurant) uses shall be parked at a ratio of 1 space per 450square feet of gross floor area of such uses; and office uses shall be parked at aratio of 1 space per 550 square feet of gross floor area of such uses.

6.2 Parking areas will be broken up with landscaping to avoid massing of pavedmaterial.

6.3 Vehicle circulation and off-street parking spaces will not be located in betweenbuildings on the Site and Statesville Avenue, buildings on the Site and Street A,buildings on the Site and Street B, buildings on the Site and Street C, buildings onthe Site and Street I, buildings on the Site and street J, and buildings on the Siteand Street F as generally depicted on the Technical Data Sheet; however,circulation and parking spaces may be located to the side of buildings and/orbetween buildings on the Site.

DOUBLE OAKS MIXED-USE VILLAGE - OVERALL MASTER PLANDEVELOPMENT STANDARDS

June 19, 2008

1. GENERAL PROVISIONS

Unless more stringent standards are established by the Technical Data Sheet or theseDevelopment Standards, all development standards established under the ZoningOrdinance (the “Ordinance”) for the NS zoning classification or the UR-2 zoningclassification shall be followed. The development contemplated by this petition consists ofeight (8) Development Areas generally depicted on the Technical Data Sheet as“Development Area 1”, “Development Area 2”, “Development Area 3”, “DevelopmentArea 4”, “Development Area 5”, “Development Area 6”, “Development Area 7”, “Development Area 7A” and “Development Area 8” (each a “Development Area” andcollectively the “Development Areas”). The Technical Data Sheet and these DevelopmentStandards (together the “Rezoning Plan”) supersede in all respects all prior conditional usezoning plans with respect to the property that constitutes the Site.

The Technical Data Sheet is accompanied by a conceptual site plan for developmentwithin Development Areas 1, 2, 3, 5, 6 and 8 (the “Schematic Site Plan”) and by aconceptual land use plan for Development Areas 4, 7 and 7A (collectively with theSchematic Site Plan referred to as the “Site Plan”). The development depicted on the SitePlan is schematic in nature, and except as otherwise specified in these DevelopmentStandards, is intended only to describe the possible arrangements of uses and buildingelements. The schematic depictions of the uses, structures and building elements set forthon the Site Plan should be reviewed in conjunction with the provisions of theseDevelopment Standards.

Consequently, except as otherwise expressly specified on the Technical Data Sheet and inthese Development Standards, the ultimate layout of the development proposed, the exactalignments of streets and points of access; the numbers, the size, configuration andplacements of buildings and parking areas; and the depictions of such elements on the SitePlan and any schematic building elevations are preliminary graphic representations of thetypes and quality of development proposed. They may, therefore, be altered or modifiedduring design development and construction document phases within the maximumbuilding/parking envelope lines established on the Technical Data Sheet, subject to theaccompanying Development Standards and Section 6.206 (2) of the Ordinance. Parkinglayouts for surface and structured parking may be modified to accommodate final buildinglocations and parking spaces may be located inside or outside development areaboundaries to the extent permitted by the Ordinance. Sidewalks generally depicted on theSite Plan are intended to reflect the general pedestrian circulation for development on theSite but the specific locations of such sidewalks may be subject to minor variations that donot materially change the design intent generally depicted on the Site Plan. Thedimensions and specific locations of building/parking envelopes and parking envelopesgenerally depicted on the Technical Data Sheet may be subject to minor variations that donot materially change the design intent generally depicted on the Schematic Site Plans.

As described in Section 4.1 and Section 6.6 below, the Site and portions thereof shall beviewed as a unified development plan in accordance with the provisions set forth therein.

6.4 Where parking is not located behind buildings, screening shall be provided at thelot line by landscaping or decorative walks or fences. Shared parking may beallowed at the discretion of the Zoning Administrator.

6.5 On street parking may be provided along public streets subject to the approval ofCDOT.

6.6 Bicycle parking shall be provided in accordance with the Ordinance.

6.7 As part of the unified development nature of the development on DevelopmentArea 5 and the B-2 zoned parcel adjacent and to the east (currently known as theGables at Druid Hills Senior Apartments described in Section 4.1 above, parkingon such parcels may be shared in common pursuant to a shared parking agreementand/or a Declaration of Covenants, Conditions and Restrictions such that all of theparking needs associated with development on Development Area 5 may be met byparking provided on the Gables parcel; provided, however, the total number ofparking spaces required by the Ordinance for the combined unified developmentare satisfied with reference to the Gables parcel.

7. LIGHTING

7.1 Freestanding streetscape lighting fixtures installed within the Site will be uniformin design and will be a full or semi cut-off type fixture.

7.2 Pedestrian scale lighting will be installed along internal streets and driveways onthe Site as development occurs on the Site.

7.3 No cobra style lighting fixtures may be used on the Site.

7.4 The maximum height of any freestanding lighting fixture within the parking areas,including its base, shall not exceed 20 feet in height. This restriction will not applyto public street lighting located along the public streets within and abutting the site.

7.5 No wall “pak” type lighting will be allowed facing public streets. Any wall “pak”type lighting will be downwardly directed.

8. SIGNS

All signs placed on the Site will be erected in accordance with the requirements of theOrdinance. In addition to directional signage, up to seven (7) detached signs shall beallowed. In Development Areas 1, 2, 3, 5 and 6 the signs shall not exceed 5 feet in heightor 50 square feet in size. In the other Development Areas the signs will meet therequirements for the UR-2 district. No pylon type detached signs shall be permitted.Permitted detached signage may be located within building setbacks and other locationsthroughout the Site in accordance with the Ordinance and as generally depicted on theRezoning Plan.

9. SIDEWALKS/STREETSCAPE

9.1 Sidewalks six (6) feet in width along with planting strips eight (8) feet in width willbe installed along interior public streets within the Site, except for the portion ofstreet C that abuts Anita Stroud Park which will have a five (5) foot sidewalkconsistent with urban street design guidelines constrained conditions

The total number of buildings to be developed on the Site shall not exceed four (4) as toDevelopment Area 1, three (3) as to Development Area 2, nine (9) as to DevelopmentArea 3 and two (2) as to Development Area 5, four (4) as to Development Area 6, twelve(12) as to Development Area 8. Due to the type of uses allowed within DevelopmentAreas 7 and 7A (attached and detached dwelling units) the maximum number of buildingsis limited by the total number of allowed units for these two Development Areas. Nobuildings are contemplated for Development Area 4.

2. PERMITTED USES AND BUILDING AREA RESTRICTIONS

2.1 This proposal is intended to accommodate the development of retail, restaurant,office and residential uses which will be interconnected with open space,pedestrian and vehicular linkages.

For purposes of the development limitations set forth in this Section 2, the term“gross floor area” or “GFA” shall mean and refer to the sum of the gross horizontalareas of each floor of a principal building, and any accessory buildings orstructures on the site measured from the outside of the exterior walls or from thecenter line of party walls; provided, however, such term shall exclude any surfaceor structured parking facilities, or related access areas, areas used for building andequipment access (such as stairs, elevator shafts and maintenance crawl spaces), orareas devoted to uses or structures accessory to residential uses on the site(limitations on the scope of residential uses being determined on a per unit, ratherthan floor area basis); provided, further, areas devoted to outdoor dining are notintended to be included in the calculation of gross floor area but any off-streetparking required by the Ordinance for the NS district will be required for outdoordining areas.

2.2 Development Area 1 as generally depicted on the Technical Data Sheet may bedevoted to any of the following uses:

(a) Up to 48 multi-family residential dwelling units; and

(b) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as allowed in the NS district,including without limitation clubhouse facilities.

(c) Drive-thru windows will not be allowed as an accessory use.



(b) Up to 15,000 square feet of gross floor area of retail and/or restaurant spaceand/or office space developed as part of mixed useresidential/retail/restaurant/office building(s) located within DevelopmentArea 2; and

(c) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as permitted under the ordinancefor the NS district.

(d) Drive-thru windows will not be allowed as an accessory use.



(b) Up to 20,000 square feet of retail and/or restaurant space and/or officespace developed as part of mixed use residential/retail/restaurant/officebuildings located within Development Area 3; and;

(c) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(a) Greenway and open space related uses together with accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.


(a) Up to 72 residential attached dwelling or multi-family units; and

(b) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(b) Associated surface and structural parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(a) Up to 400 attached or detached dwelling units/homes and a outdoorrecreations use; and

(b) Associated surface parking spaces and accessory uses associated with theallowed principal uses as permitted under the Ordinance for the UR-2district.




(b) Up to 20,000 square feet of retail and/or restaurant space and/or officespace developed as part of mixed use residential/retail/restaurant/officebuildings located within Development Area 3; and;

(c) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(a) Greenway and open space related uses together with accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(b) Associated surface and structured parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(b) Associated surface and structural parking spaces and accessory usesassociated with the allowed principal uses as permitted under the Ordinancefor the NS district.



(a) Up to 400 attached or detached dwelling units/homes and a outdoorrecreations use; and


2.9 Development Area 7A as generally depicted on the Technical Data Sheet may bedevoted to any of the following uses:

(a) Up to 40 multi-family, attached or detached dwelling units/home: and



(a) Up to 150 residential attached dwelling or multi-family units;

(b) Child Care uses for up to 79 children in the area generally depicted on theTechnical Data Sheet; and

(c) Associated surface and structural parking spaces and accessory usesassociated with the allowed principal uses as permitted under the UR-2district.

2.11 The permitted uses described in Sections 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9 and2.10 above shall be subject to the following limitations and restrictions:

(a) The total amount of commercial uses on the Site (excluding child care andelementary school uses) shall not exceed 35,000 square feet of gross floorarea;

(b) No fast food restaurants with drive through window facilities or gasstations/convenience stores with gasoline sales shall be allowed; and

(c) No area devoted to retail and/or restaurants shall be permitted on the Siteunless such uses are located within mixed use residential/retail/restaurantbuildings or retail/restaurant/office buildings.


2.12 The number of residential dwelling units and the square footage of gross floor areadevoted to commercial use set forth above with respect to Development Areas 1, 2and 3 may be reallocated among such Development Areas provided that the totalnumber of residential dwelling units permitted with such Development Areas shallnot exceed 348 units and the total gross floor area devoted to commercial useswithin such Development Areas shall not exceed 35,000 square feet.

2.13 While areas devoted to outdoor dining are not intended to be included in thecalculation of the square footage limitations noted above, any off street parkingrequired by the Ordinance will be provided for these areas.

3. ACCESS POINTS

The total number of ingress/egress points shall be limited to the number shown on theTechnical Data Sheet. The exact locations may vary somewhat from those depicted based

upon final design and locational requirements as regulated by CDOT and, whereapplicable, NCDOT.

Access from the Site to Statesville Avenue will be provided by way of internal streets orexisting streets other than Statesville Avenue as generally depicted on the Rezoning Plan.

Prior to issuance of the final certificate of occupancy for the first building located onDevelopment Area 3, access to development taking place on Development Area 1 andDevelopment Area 2 may be provided by way of Street A as generally depicted on theRezoning Plan.

4. SETBACK, SIDE YARDS, REAR YARDS, BUFFERS , VEHICLE CIRCULATIONAND HEIGHT

4.1 All buildings constructed on the Site shall satisfy or exceed the setback, rear yardand side yard requirements established under the Ordinance.

The Site and portions of the Site shall be viewed as a unified development plan. Assuch, yards will not be required between buildings located on the Site or betweenDevelopment Areas. The Petitioner reserves the right to subdivide the Site andcreate lots within the interior of the development with no public street frontage orside and/or rear yards or other separation standards as part of a unifieddevelopment plan. In addition, the Site can be viewed as a unified developmentplan in conjunction with the adjacent tracts. Furthermore, as part of the unifieddevelopment plan, there shall be no separation standards (i.e. no internal yard orbuffer requirements) associated with development on Development Area 5 and thatcertain parcel zoned B-2 and located adjacent and to the east of Development Area5 currently known as the Gables at Druid Hills Senior Apartments.

4.2 The setback areas extending around the perimeter of the Site are to remain as openspace and, except to the extent necessary to accommodate pedestrian pathways,walls, berms, fences, grading, signs, graphics or utility construction and, whereindicated, vehicular access, will be restricted from future development.

4.3 A non-required 20 foot Class C buffer shall be provided along the northerlyboundary of Development Area 1 and Development Area as generally depicted onthe Technical Data Sheet; provided, however, the buffer may be reduced to 15 feetwith the use of a wall or fence as provided in the Ordinance. If the abuttingproperties should be rezoned or used in a manner so as to not require such buffer,the required buffer for the Site may be adjusted accordingly to meet the minimumrequirements for any buffers and screening per the Ordinance.

4.4 The height of buildings located on the Site shall comply with the Ordinance for theNS and UR-2 zoning district provided, however, buildings on Development Area 1shall not exceed 50 feet in height and portions of buildings within DevelopmentArea 2 located within 50 feet of the northerly boundary line of such DevelopmentArea shall not exceed 40 feet in height. It is understood that the height restrictionsset forth in the immediately preceding sentence shall be null and void in the eventthat property immediately adjacent to the applicable building(s) in question alongthe common northerly boundary of the Site are either (i) no longer zoned for singlefamily residential purposes (i.e. R-3, R-5, etc.) or (ii) are not used for single familyresidential purposes for a continuous period of six (6) months from the date of

approval of this Petition. Building height for buildings within Development Area 7and 7A will be limited to 40 feet. Building height for buildings withinDevelopment Area 8 will be limited to 60 feet.

5. SCREENING AND LANDSCAPING

5.1 Screening will conform to the applicable standards of Section 12.303 of theOrdinance.

5.2 Landscaping shall meet or exceed the requirements of the Ordinance and the Cityof Charlotte Tree Ordinance. Newly installed landscaping shall be consistent withthe existing landscaping treatments.

5.3 Irrigation systems will be maintained by Petitioner or its successors and assigns inall landscaped setback areas along Statesville Avenue.

5.4 All roof mounted mechanical equipment will be screened from view.

5.5 Dumpster areas and recycling areas (if any) will be enclosed by solid fences or abrick wall with one side being a decorative wooden gate. If one or more sides of adumpster area adjoin a side or rear wall of a building, then the side or rear wallmay be substituted for a side.

5.6 As indicated on the Technical Plan sheet SP 101 the existing trees along DoubleOaks Road will be preserved. In conjunction with this tree save area the petitioneragrees to provide a tree preservation plan. The tree preservation plan will besubmitted to the City’s Urban Forestry Staff for review and approval. Theapproved tree preservation plan will be undertaken and executed during theconstruction process.

5.7 Tree save areas as identified on the Technical Plan will be preserved.

6. PARKING

6.1 Off street parking will meet or exceed the minimum standards established underthe Ordinance and will not be allowed within the setbacks. Parking for residentialuses will be provided at the ratio of one space per unit. In addition, restaurant usesshall be parked at a ratio of 1 space per 125 square feet of gross floor area for suchuses; retail (but non-restaurant) uses shall be parked at a ratio of 1 space per 450square feet of gross floor area of such uses; and office uses shall be parked at aratio of 1 space per 550 square feet of gross floor area of such uses.

6.2 Parking areas will be broken up with landscaping to avoid massing of pavedmaterial.

6.3 Vehicle circulation and off-street parking spaces will not be located in betweenbuildings on the Site and Statesville Avenue, buildings on the Site and Street A,buildings on the Site and Street B, buildings on the Site and Street C, buildings onthe Site and Street I, buildings on the Site and street J, and buildings on the Siteand Street F as generally depicted on the Technical Data Sheet; however,circulation and parking spaces may be located to the side of buildings and/orbetween buildings on the Site.

recommendations and sidewalks eight (8) feet in width along with planting stripseight (8) feet in width will be installed along Statesville Road as generally depictedon the Rezoning Plan.

9.2 Large maturing trees will be planted along Statesville Avenue 40 feet on center ifoverheard power lines do not exist. If overhead power lines are present alongStatesville Avenue small maturing trees 30 feet on center will be substituted.

10. STORM WATER MANAGEMENT/WETLANDS

10.1 Storm water runoff will be managed through proven techniques which satisfy thestandards imposed by the City of Charlotte Ordinances and the CharlotteMecklenburg Storm Water Design Manual. Surface level storm water detention, ifprovided, shall not be located in the setback required by the Ordinance.

10.2 The detention shall tie-in to the existing abutting storm water system(s). ThePetitioner shall have the receiving drainage system abutting the Site analyzed toensure that it will not be taken out of standard due to this development. If it isfound that the development will cause the receiving storm drainage system to betaken out of standard, the Petitioner shall provide adequate detention to prevent thisfrom occurring. Should the existing, receiving drainage system be deemed to beout of standard prior to development of its Site, the Petitioner agrees to provideadequate detention to ensure that the system will not be additionally overburdened.

10.3 Development on the Site shall otherwise adhere to the requirements of the PostConstruction Control Ordinance in the form adopted by Charlotte City Council onNovember 26, 2007.

10.4 Any jurisdictional wetlands or streams, if present, need to be protected or properenvironmental permits obtained prior to their disturbance. For 401 permits contactDENR. For 404 permits contact the Army Corps of Engineers.

11. RIGHT OF WAY DEDICATION, ABANDONMENT AND TRANSPORTATIONCOMMITMENTS

11.1 If this Rezoning Petition is approved, the Petitioner commits to dedicateand convey by plat or quitclaim deed to NCDOT or CDOT (as the case mayrequire) where owned by the Petitioner and where not already existing that portionof such additional right of way along the Site’s frontage of Statesville Avenue toresult in a 80 foot right of way measured 40 feet from the centerline of StatesvilleAvenue as shown on sheet SP-104 section 1; additionally the Petitioner agrees toconvey to NCDOT or CDOT (as the case may require) where owned by thePetitioner a nonexclusive easement to an area up to four and half (4.5) feet in widthalong each side of the right of way of Statesville Avenue as described above topermit the installation of a eight (8) foot sidewalk, to the extent but only to theextent sidewalk cannot be installed within the above referenced right of way. Anysuch easement instrument shall be in form mutually acceptable to the Petitioner andNCDOT/CDOT, as applicable, and shall permit the installation of Petitioner’sproject signage and lighting and the encroachment of the same within the easementso conveyed.

The dedication and conveyance described herein shall occur as each area havingfrontage along Statesville Avenue is developed and before the issuance of the finalcertificate of occupancy for the first building located within each respective area.

In addition along Statesville Avenue at its intersection with Woodward Avenue thepetitioner agrees to reserve an additional five and half (5.5) feet of right-of-way onboth sides of Statesville Avenue along the sites frontage for a length of at least 150feet in each direction along Statesville Avenue as measured from the future cornerradius (location of future stop bar/cross walk) of the intersection of WoodwardAvenue with Statesville Avenue. This will result in a total of 84 feet of right-of-way measured 42 feet from the centerline of Statesville Avenue as shown on sheetSP-104 section 1A; additionally the Petitioner agrees to convey to NCDOT orCDOT (as the case may require) where owned by the Petitioner a nonexclusiveeasement to an area up to eight (8) feet in width along each side of the right of wayof Statesville Avenue as described above to permit the installation of a eight (8)foot sidewalk, to the extent but only to the extent sidewalk cannot be installedwithin the above referenced right of way. Any such easement instrument shall bein form mutually acceptable to the Petitioner and NCDOT/CDOT, as applicable,and shall permit the installation of Petitioner’s project signage and lighting and theencroachment of the same within the easement so conveyed. The dedication andconveyance described herein shall occur as each area having frontage alongStatesville Avenue is developed and before the issuance of the final certificate ofoccupancy for the first building located within each respective area.

11.2 The Petitioner reserves the right to seek abandonment of portions or all of BensonStreet, Horne Drive, Moss Court and Dearborn Avenue. If required as part of theabandonment of Dearborn Avenue or as part of the subdivision approval processfor the site a permanent turn around will be provided at the terminus of DearbornAvenue.

11.3 The Petitioner shall install or cause to be installed the eight (8) foot planting stripand eight (8) foot sidewalk referenced in Section 11.1 above on or before theissuance of the final certificate of occupancy for (i) the first building withinDevelopment Area 3 that is located along Statesville Avenue with respect to theplanting strip and sidewalk improvements along Development Area 3; (ii) the firstbuilding within Development Area 2 that is located along Statesville Avenue withrespect to the planting strip and sidewalk improvements along Development Area2; (iii) the first building within Development Area 5 that is located along StatesvilleAvenue with respect to the planting strip and sidewalk improvements alongDevelopment Area 5; (iv) the first building within Development Area 6 that islocated along Statesville Avenue with respect to the planting strip and sidewalkimprovements along Development Area 6 and (v) the first building withinDevelopment Area 8 that is located along Statesville Avenue with respect to theplanting strip and sidewalk improvements along Development Area 8.

11.4 Petitioner may elect to realign that portion of Woodward Avenue from itsintersection with Statesville Avenue extending to the west and then north in themanner generally depicted on the Rezoning Plan, subject to the reasonable reviewand approval of CDOT. In conjunction with the re-alignment of WoodwardAvenue the petitioner will improve the eastern and western approaches ofWoodward Avenue to Statesville Avenue to include one ingress and two egresslanes. It is anticipated that on the eastern approach these improvements can be

The dedication and conveyance described herein shall occur as each area havingfrontage along Statesville Avenue is developed and before the issuance of the finalcertificate of occupancy for the first building located within each respective area.

In addition along Statesville Avenue at its intersection with Woodward Avenue thepetitioner agrees to reserve an additional five and half (5.5) feet of right-of-way onboth sides of Statesville Avenue along the sites frontage for a length of at least 150feet in each direction along Statesville Avenue as measured from the future cornerradius (location of future stop bar/cross walk) of the intersection of WoodwardAvenue with Statesville Avenue. This will result in a total of 84 feet of right-of-way measured 42 feet from the centerline of Statesville Avenue as shown on sheetSP-104 section 1A; additionally the Petitioner agrees to convey to NCDOT orCDOT (as the case may require) where owned by the Petitioner a nonexclusiveeasement to an area up to eight (8) feet in width along each side of the right of wayof Statesville Avenue as described above to permit the installation of a eight (8)foot sidewalk, to the extent but only to the extent sidewalk cannot be installedwithin the above referenced right of way. Any such easement instrument shall bein form mutually acceptable to the Petitioner and NCDOT/CDOT, as applicable,and shall permit the installation of Petitioner’s project signage and lighting and theencroachment of the same within the easement so conveyed. The dedication andconveyance described herein shall occur as each area having frontage alongStatesville Avenue is developed and before the issuance of the final certificate ofoccupancy for the first building located within each respective area.

11.2 The Petitioner reserves the right to seek abandonment of portions or all of BensonStreet, Horne Drive, Moss Court and Dearborn Avenue. If required as part of theabandonment of Dearborn Avenue or as part of the subdivision approval processfor the site a permanent turn around will be provided at the terminus of DearbornAvenue.

11.3 The Petitioner shall install or cause to be installed the eight (8) foot planting stripand eight (8) foot sidewalk referenced in Section 11.1 above on or before theissuance of the final certificate of occupancy for (i) the first building withinDevelopment Area 3 that is located along Statesville Avenue with respect to theplanting strip and sidewalk improvements along Development Area 3; (ii) the firstbuilding within Development Area 2 that is located along Statesville Avenue withrespect to the planting strip and sidewalk improvements along Development Area2; (iii) the first building within Development Area 5 that is located along StatesvilleAvenue with respect to the planting strip and sidewalk improvements alongDevelopment Area 5; (iv) the first building within Development Area 6 that islocated along Statesville Avenue with respect to the planting strip and sidewalkimprovements along Development Area 6 and (v) the first building withinDevelopment Area 8 that is located along Statesville Avenue with respect to theplanting strip and sidewalk improvements along Development Area 8.

11.4 Petitioner may elect to realign that portion of Woodward Avenue from itsintersection with Statesville Avenue extending to the west and then north in themanner generally depicted on the Rezoning Plan, subject to the reasonable reviewand approval of CDOT. In conjunction with the re-alignment of WoodwardAvenue the petitioner will improve the eastern and western approaches ofWoodward Avenue to Statesville Avenue to include one ingress and two egresslanes. It is anticipated that on the eastern approach these improvements can be

accomplished by remarking the existing pavement. In such event, Petitioner shallbe responsible for conveyance of any required additional right-of-way and forconstruction of the improvements associated with such realignment andintersection improvements. It is possible that the Petitioner will have to acquireoff-site right-of-way to complete these improvements. If after reasonable effortsby the petitioner to acquire such right-of-way on market rate terms, the Petitionerhas not been successful The City of Charlotte will use its power of eminent domainto acquire the needed right-of-way. In such event, the Petitioner will reimburse theCity for the all the costs associated with this right-of-way acquisition

11.5 Petitioner will make the following improvement to the intersection of Badger Courtand Statesville Avenue. The Petitioner will re-construct the eastbound approach ofBadger Court to provide one ingress and two egress lanes; the through lane shallterminate as a combination through-right lane and a left turn lane shall beconstructed with 100 feet of storage and appropriate taper. These improvementsshall be completed prior to issuance of the first certificate of occupancy for the firstbuilding within Development Area 8.

11.6 Petitioner will make the following improvement to the intersection of KohlerAvenue and Statesville Avenue. The Petitioner will construct the east boundapproach on Kohler Avenue with one ingress and one egress lane as shown onsheet SP-104 section 3MU. These improvements shall be completed prior toissuance of the first certificate of occupancy for the first building withinDevelopment Area 3.

11.7 The Petitioner shall fund the install a traffic signal at the intersection of Statesvilleand Woodward Avenues. The traffic signal to be installed upon meetingappropriate CDOT and NCDOT traffic signal warrants and approvals.

11.8 A 10 foot pedestrian and bicycle path will be constructed, from the terminus ofDearborn Avenue to Street C, to provide access to Anita Stroud Park inconjunction with construction of streets located within Development Area 7.

11.9 The Petitioner reserves the right to install a roundabout along Double Oaks Road inthe general location of its intersection with Street K, said roundabout to be built, ifat all, as development progresses within Development Area 7. The design andlocation subject of the proposed roundabout to be review and approval by TheCharlotte Department of Transportation.

11.10 The petitioner will work with and support the Charlotte Department ofTransportation efforts to take over the maintenance of Statesville Avenue from theNorth Carolina Department of Transportation along the site frontage for thepurpose of insuring a cross-section for Statesville Avenue that is consistent withthe urban form contemplated for the redevelopment of Double Oaks.

11.11 If allowed by the appropriate agency off peak on street parking may be locatedalong Statesville Avenue.

12. CONVEYANCE OF EASEMENT FOR GREENWAY PURPOSES

12.1 Petitioner shall convey a permanent easement to Mecklenburg County for thatportion of the Site located within Development Area 4 to the north and west of the

proposed realigned Woodward Road as generally depicted on the Technical DataSheet and a permanent easement to Mecklenburg County for that other portion ofthe Development Area 4 shown as “Greenway” on the Technical Data Sheet. Sucheasements shall be for greenway and open space purposes (including open spaceassociated with this Petition) and shall be conveyed prior to the issuance of the firstcertificate of occupancy for the first unit located within Development Area 3.Furthermore, the above-referenced easements shall be conveyed pursuant to aDeclaration of Covenants, Conditions and Restrictions between the Petitioner (orits successors and assigns) and Mecklenburg County which shall include provisionsrelating to: (i) Petitioner’s ability to grade within the easement areas for certainpurposes such as installation of roads (and their dedication) and stream restorationand utilities and the like; (ii) the installation of project and directional signagewithin that portion of the easement located along Statesville Road; (iii) restrictionson the use of the easement area for greenway purposes and related uses acceptableto Petitioner; (iv) commitments by Mecklenburg County to maintain the easementarea in a well-kept manner free of debris and other unsightly conditions and othermaintenance responsibilities of the parties; and (v) other matters mutuallyacceptable to the Petitioner and Mecklenburg County.

12.2 The Petitioner is currently working with Mecklenburg County Land Use andEnvironmental Services Agency (LUESA) and the City of Charlotte Storm WaterServices on a stream restoration project for the stream within Anita Stroud Park.As part of this restoration project it will be necessary to clear and remove theexisting vegetation within the S.W.I.M. buffer. The Petitioner will complete therestoration project before the dedication and conveyance of the greenway easementdescribed above, subject to delays in receipt of regulatory approvals.

12.3 The Petitioner will work with Mecklenburg County Parks and Recreation toprovide an easement between the existing brick wall and Development Area 7A forthe construction of a greenway. The width of the easement shall be no less 30 feetas measured from the existing wall as generally depicted on the Technical DataSheet. The area for the construction of the proposed greenway shall be conveyedprior to the issuance of the first certificate of occupancy for the first building withinDevelopment Area 7A, subject to delays in receipt of regulatory approvals.Petitioner and Mecklenburg County Parks and Recreation reserve the right torelocate this greenway easement in a manner mutually acceptable to Petitioner andParks and Recreation.

12.4 In connection with future development of property located to the northwest of thesite (Phase III of Double Oaks). The Petitioner agrees to work with MecklenburgCounty Parks and Recreation on an easement for pedestrian access to and fromDouble Oaks Road, said easement to be located within the Duke Energy right-of-way at the eastern edge of Development Area 7, subject to consent of Duke EnergyCompany. This easement will link Mecklenburg County property (tax parcel #075-123-02) and Double Oaks Road.

13. TRANSIT COMMITMENTS

13.1 Petitioner shall preserve the existing sidewalk, waiting pad, bus shelter and but stopcurrently located on Statesville Avenue to the extent such improvements can bepreserved in a manner reasonably consistent with the development, and suchimprovements may be relocated on a temporary basis as needed.





075-105-30075-105-37079-044-02


075-124-02075-123-01075-112-01075-113-04075-113-01










[See Development Standards]Area: 2.88 ac.





Development Area 7Proposed Zoning: UR-2Proposed Use: Residential / Green Way Park via Easement

[See Development Standards]Dwelling Units: Up to 400Area: 39.61 ac.Site Area in Easement: 0.32 AC.

Development Area 7AProposed Zoning: UR-2Proposed Use: Residential / Green Way Park via Easement


Development Area 8Proposed Zoning: UR-2Proposed Use: Multi-Family, Single Family Attached, Day Care


TOTAL SITE AREA: 63.73 AC.EASEMENT AREA DEDICATION: 2.42 AC.NET AREA: 61.31 AC.

PROPOSED TREE SAVE AREA: 1.9 AC.


D

C

A

B



T 704 377 0661F 704 377 0953

www.shookkelley.com


T 310 659 9482F 310 659 9528



Double OaksPhase II

CAD File Name:

Project name/#:




T 101




Project / 07024

Petition #2008-73

Development Notes

sp101ww.charmeck.org/planning/rezoning/2008/063_079/2008... · c ha rl o temck nb u gh sip p david...

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