SHEETDATA

TECHNICAL

RZ-1

RZ Plan

2/22/16JGJP

1"= 30'

0 307.51530

SITE DEVELOPMENT DATA:

-ACREAGE: ± 3.28 ACRES-TAX PARCEL #: 143-131-09-EXISTING ZONING: MUDD-O-PROPOSED ZONING: MUDD-O S.P.A..-EXISTING USES: VACANT-PROPOSED USES: UP TO 20,000 S.F. OF COMMERCIAL USES

REZONING PETITION NO. 2016-00

REZONING PLANPETITION

#2016-00

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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:

NCC142086

AS NOTED

WEST TYVOLA ROADCHARLOTTE, NC

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TMSITE PLAN AMENDMENT

PETITION NO. 2016 - 00

DEVELOPMENT STANDARDS

ASTON PROPERTIES, INC.

SITE DEVELOPMENT DATA:

ACREAGE: ±3.28 ACRESTAX PARCELS: 143-131-09EXISTING ZONING: MUDD-OPROPOSED ZONING: MUDD-O S.P.A.EXISTING USES: VACANTPROPOSED USES: UP TO 20,000 S.F. OF COMMERCIAL USES

1. GENERAL PROVISIONS

THESE DEVELOPMENT STANDARDS FORM PART OF THE TECHNICAL DATA SHEETASSOCIATED WITH THE MUDD-O SITE PLAN AMENDMENT FILED BY ASTON PROPERTIES,INC. TO MODIFY SEVERAL PROVISIONS OF A MUDD-O REZONING PLAN WHICH WASAPPROVED BY THE CITY COUNCIL ON JANUARY 22, 2008 IN REZONING PETITION NO.2007-082 FOR THE 159 ACRE CITY PARK DEVELOPMENT, AS THEREAFTER AMENDEDADMINISTRATIVELY FROM TIME TO TIME (HEREINAFTER THE “APPROVED PLAN”).

THIS SITE PLAN AMENDMENT APPLIES ONLY TO THAT APPROXIMATELY 3.28 ACRE PARTOF THE CITY PARK DEVELOPMENT WHICH IS BOUNDED BY WEST TYVOLA ROAD, CITYPARK DRIVE, NATIONAL AVENUE AND POTOMAC RIVER PARKWAY AND WHICH HASBEEN DESIGNATED BY MECKLENBURG COUNTY AS TAX PARCEL 143-131-09 (THE “SITE”).

SPECIFICALLY, THIS SITE PLAN AMENDMENT SEEKS TO MODIFY THE APPROVED PLANTO ALLOW THE FOLLOWING CONDITIONS ON THE SITE WITHIN THE AREAS DEPICTEDON THE TECHNICAL DATA SHEET:

1. NO RESTRICTIONS ON TYPES OF EATING, DRINKING AND ENTERTAINMENTESTABLISHMENTS;

2. A DRIVE-THROUGH SERVICE WINDOW AS AN ACCESSORY TO A RESTAURANT USE;

3. A DRIVE-THROUGH CIRCULATION LANE TO SERVE A FUTURE BUILDING WHICHWOULD BE LOCATED BETWEEN THE BUILDING ENVELOPE ESTABLISHED FORPARCEL 2 AND TWO ADJACENT STREETS AT THE CORNER OF TYVOLA ROAD ANDPOTOMAC RIVER PARKWAY, ALL AS GENERALLY DEPICTED ON THE SITE'STECHNICAL DATA SHEET WHICH FORMS A PART OF THIS REZONING PETITION (THE“SITE PLAN”);

4. GROUND MOUNTED SIGNAGE MAY EXCEED 36 SQUARE FEET AND 6 FEET INHEIGHT, IN ORDER TO SERVE MULTIPLE BUILDINGS.

THE SITE PLAN AMENDMENT AND ACCOMPANYING TECHNICAL DATA SHEETSUPERSEDES ALL CONCEPTUAL SITE PLANS ASSOCIATED WITH THE APPROVED PLANWHICH RELATE TO THE SITE AND IS INTENDED TO REFLECT THE SETBACKS, BUILDINGENVELOPES AND VEHICULAR ACCESS POINTS RELATED TO THE PROPOSEDDEVELOPMENT ON THE SITE.

ALL PROVISIONS OF THE APPROVED PLAN NOT MODIFIED BY THIS SITE PLANAMENDMENT SHALL REMAIN IN EFFECT AND CONTINUE TO BE BINDING.

2. MUDD-O OPTIONAL PROVISIONS

THE PETITIONER PROPOSES TO UTILIZE THE MUDD-O PROVISIONS OF THE ORDINANCEIN ORDER TO ACCOMMODATE THE FOLLOWING:

(a) A DEVIATION FROM THE APPROVED DEVELOPMENT STANDARDS FOR CITY PARKTO ALLOW ANOTHER DRIVE-THROUGH SERVICE WINDOW AS AN ACCESSORY TOAN EATING, DRINKING AND ENTERTAINMENT ESTABLISHMENT (RESTAURANT)USE WITHIN PARCEL 1 IN ADDITION TO THE THOSE DRIVE-THROUGH USESCURRENTLY ALLOWED UNDER THE APPROVED PLAN AS AN ACCESSORY TOEACH OF THE FOLLOWING USES: A COFFEE SHOP, A BANK, A DRUG STORE, ANDA DRY CLEANER;

(b) A DEVIATION TO ALLOW A DRIVE-THROUGH WINDOW AND A RELATED VEHICULARCIRCULATION LANE TO BE LOCATED BETWEEN A BUILDING CONSTRUCTEDWITHIN PARCEL 2 AND TYVOLA ROAD AND POTOMAC RIVER PARKWAY;

(c) A DEVIATION FROM THE SIGNAGE PROVISIONS SPECIFIED IN THE 2007 APPROVALPLAN TO ALLOW A DETACHED, MONUMENT SIGN UP TO 10 FEET IN HEIGHT ANDUP TO 75 FEET IN SIGN AREA, IN THE LOCATION GENERALLY DEPICTED ON THESITE'S TECHNICAL DATA SHEET. THIS SIGN WILL SERVE TENANTS WITHIN THEAREAS IDENTIFIED AS PARCEL 2 AND PARCEL 3 (THIS SIGN SHALL BE PERMITTEDIN ADDITION TO A SIGN FOR PARCEL 1 AS ALLOWED UNDER THE APPROVED PLANWHICH PROVIDES FOR ONE MONUMENT SIGN FOR EACH BUILDING LOCATEDWITHIN THE CITY PARK SITE, BUT LIMITS THEIR SIZE TO 6 FEET IN HEIGHT AND 36SQUARE FEET IN SIGN AREA).

3. PERMITTED USES AND MAXIMUM DEVELOPMENT

THE SITE MAY BE DEVELOPED WITH UP TO 20,000 SQUARE FEET OF COMMERCIALFLOOR AREA WITHIN UP TO THREE BUILDINGS. PERMITTED USES SHALL INCLUDE ALLPRINCIPAL AND ACCESSORY USES PERMITTED BY REZONING PETITION 2008-082 ASWELL AS THE ADDITIONAL DRIVE-THROUGH SERVICE WINDOW USE PERMITTED UNDERTO THE OPTIONAL PROVISIONS IN PARAGRAPH 2 ABOVE.

4. TRANSPORTATION

NO MODIFICATIONS TO THE APPROVED PLAN.

5. ARCHITECTURAL STANDARDS

IN ADDITION TO THE CONDITIONS IMPOSED BY THE APPROVED PLAN, THE FOLLOWINGCONDITIONS SHALL APPLY TO THE DEVELOPMENT TAKING PLACE ON THE SITE:

(a) DRIVE THROUGH LANES LOCATED BETWEEN BUILDINGS AND TYVOLA ROAD ANDPOTOMAC RIVER PARKWAY MUST BE SCREENED FROM THOSE STREETS WITHLOW WALLS AND LOW ACCENT PLANTINGS. SUCH WALLS MAY BE BROKEN UPINTERMITTENTLY. HOWEVER, ALL WALLS MUST BE CONSTRUCTED OFMATERIALS GENERALLY COMPATIBLE WITH THE BUILDINGS TO WHICH THEYRELATE.

(b) THE DESIGN FOR DRIVE-THROUGH LANES CONSTRUCTED ON THE SITE MUSTINCORPORATE AREAS FOR SAFE PEDESTRIAN CROSSING.

(c) ANY DRIVE-THROUGH SERVICE WINDOW LOCATED WITHIN PARCEL 1 MUST BEORIENTED INTERNALLY TO THE SITE, AND THE DRIVE-THROUGH CIRCULATIONLANES SERVICING THIS WINDOW MUST NOT BE LOCATED BETWEEN THATBUILDING AND ADJACENT STREETS.

6. STREETSCAPE AND LANDSCAPING

EXISTING STREET TREES, PLANTING STRIPS AND SIDEWALKS AROUND THEPERIMETER OF PARCEL SHALL REMAIN.

7. ENVIRONMENTAL FEATURES

NO MODIFICATIONS TO THE APPROVED PLAN.

8. OPEN SPACE

NO MODIFICATIONS TO THE APPROVED PLAN.

9. FIRE PROTECTION

NO MODIFICATIONS TO THE APPROVED PLAN.

10. SIGNAGE

SIGNAGE SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OF THEORDINANCE, SUBJECT TO THE OPTIONAL PROVISIONS SET OUT ABOVE IN PARAGRAPH2.

11. LIGHTING

NO MODIFICATIONS TO THE APPROVED PLAN.

12. AMENDMENTS TO REZONING PLAN

FUTURE AMENDMENTS TO THE TECHNICAL DATA SHEET OR THESE DEVELOPMENTSTANDARDS MAY BE APPLIED FOR BY THE THEN OWNER OR OWNERS OF THE PARCELOR PARCELS WITHIN THE SITE INVOLVED IN ACCORDANCE WITH THE PROVISIONS OFCHAPTER 6 OF THE ORDINANCE.

FURTHER ALTERATIONS OR MODIFICATIONS TO THE APPROVED PLAN FOR THE CITYPARK DEVELOPMENT WHICH, IN THE OPINION OF THE PLANNING DIRECTOR,SUBSTANTIALLY ALTER THE CHARACTER OF THE DEVELOPMENT OR SIGNIFICANTLYALTER THE APPROVED TECHNICAL DATA SHEET FOR THE CITY PARK DEVELOPMENTOR ANY OF ITS CONDITIONS OR WHICH INCREASE THE INTENSITY OF DEVELOPMENTSHALL NOT BE DEEMED TO BE MINOR AND MAY ONLY BE MADE IN ACCORDANCE WITHTHE PROVISIONS OF SUBSECTIONS 6.207(1) OR (2) OF THE ORDINANCE, ASAPPLICABLE.

13. BINDING EFFECT OF THE REZONING DOCUMENTS AND DEFINITIONS

(A) IF THIS SITE PLAN AMENDMENT IS APPROVED, ALL CONDITIONS APPLICABLETO DEVELOPMENT OF THE SITE IMPOSED UNDER THE TECHNICAL DATA SHEETWILL, UNLESS AMENDED IN THE MANNER PROVIDED UNDER THE ORDINANCE, BEBINDING UPON AND INURE TO THE BENEFIT OF THE PETITIONER AND THECURRENT AND SUBSEQUENT OWNERS OF THE SITE AND THEIR RESPECTIVESUCCESSORS IN INTEREST AND ASSIGNS.

(B) THROUGHOUT THESE DEVELOPMENT STANDARDS, THE TERMS, “PETITIONER”AND “OWNER” AND “OWNERS” SHALL BE DEEMED TO INCLUDE THE HEIRS, DEVISEES,PERSONAL REPRESENTATIVES, SUCCESSORS IN INTEREST AND ASSIGNS OF THEPETITIONER OR THE OWNERS OF THE SITE FROM TIME TO TIME WHO MAY BE INVOLVED INANY FUTURE DEVELOPMENT THEREOF.