EXHIBIT D (Ordinance Number ) BREVARD PLACE PLANNED DEVELOPMENT DISTRICT: LIST OF CONDITIONS

Transcription

1 EXHIBIT D (Ordinance Number ) BREVARD LACE LANNED DEVELOMENT DISTRICT: LIST OF CONDITIONS 1. Definitions. Within this List of Conditions, the following terms shall have the meanings articulated: a. District refers to the Brevard lace lanned Development District, as depicted on the reliminary Master lan as defined below and shown on Exhibit A, which is created by the ordinance to which this List of Conditions is attached, and which are described as follows: roperty Identification Number: Owner: Youngblood Oil Company Inc O Box 2590 Hendersonville NC Deed Book: age: 0289 roperty Identification Number: Owner: Brevard artners of Tennessee 210 Asheville Hwy Brevard NC Deed Book: age: 0382 roperty Identification Number: Owner: SALTZ CAMERON & SUSAN S AUSTIN 121 Valley View Drive isgah Forest NC Deed Book: age: 0745 roperty Identification Number: Owner: SALTZ CAMERON 145 OLD HENDERSONVILLE HWY BREVARD NC Deed Book: age: 0031 b. Final Master lan refers to final construction drawings and development plans for any structure or area of the District as represented upon the preliminary master plan; final master plans are considered by the Brevard lanning Board. c. hase I Final Master lan refers to the Final Master lan submitted by Sonoma as part of the District, which are attached hereto as Exhibit B and incorporated by reference. d. reliminary Master lan refers to the documents submitted by Sonoma as part of the District, which are attached hereto as Exhibit A and incorporated by reference. e. Sonoma refers to Sonoma Commercial roperties of Charlotte, North Carolina and Brevard artners of Tennessee, and subsidiaries thereof, the owner(s) of District and any and all assigns and successors in interest to Sonoma, as appropriate, including, but not limited to, any developer of a phase of the District hereinafter defined. Exhibit D, Ordinance No , age 1

2 f. "UDO" refers to the City of Brevard Unified Development Ordinance in effect as of [DATE], and as subsequently amended. 2. Future Development. a. Compliance With reliminary Master lan. Future development within the District shall comply with the reliminary Master lan, a copy of which is attached hereto and incorporated herein by reference, and with this List of Conditions. Only those uses enumerated as uses in the District, including but not limited to height, bulk, mass, intensity of use, etc. shall be authorized by the City lanning Board as the approving authority for final master plans. Modifications to the reliminary Master lan shall be considered in accordance with Chapter 16, Section 16.8 of the UDO. b. Review of Final Master lan. The lanning Board shall review applications for final master plan in accordance with the procedures set forth in Chapter 16, Section 16.8 of the UDO. In approving final master plans, the lanning Board may attach fair and reasonable conditions directly related to the standards in the ordinance creating the District or the UDO, or to protect the public health, safety and welfare; provided, however, Sonoma shall not be required to waive a vested right as a condition of final master plan approval. Except as provided in this List of Conditions or as shown on the reliminary Master lan, all applicable standards of the Brevard City Code and the UDO shall control. c. Appeals and Hearings Regarding Major Modifications. Sonoma may appeal any decision of the lanning Board to deny approval of a final master plan in accordance with Section 16.8.E.6 of the UDO. Sonoma is also entitled to a hearing before City Council upon a finding by the lanning Board that a final master plan constitutes a major modification. Hearings on these matters shall be heard by City Council in accordance with Section 16.8.E of the UDO and shall be considered under quasijudicial procedures. The burden of proof of producing evidence to support compliance with the development specifications of the District and of the UDO shall rest with Sonoma. 3. Land Use. a. Interpretation of use matrices. 1. Any use not listed in the use Table of ermitted Uses and not otherwise explicitly permitted within this ordinance is prohibited, unless the administrator determines that it falls within the same class as a listed use as set forth below. 2. Uses not listed as a permitted (), permitted with additional standards (S) or requiring a special use permit (SU) are presumed to be prohibited from the zoning district. 3. In the event that a particular use is not listed in the use Table of ermitted Uses, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists in this chapter. Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing. Should the administrator determine that a materially similar use does not exist, this Exhibit D, Ordinance No , age 2

3 chapter may be amended to establish a specific listing for the use in question in accordance with the provisions set forth in UDO Chapter The administrator may determine that a use is materially similar if: (a) The use is listed as within the same structure or function classification as the use specifically enumerated in the use Table of ermitted Uses, as determined by the Land-Based Classification Standards ("LBCS") of the American lanning Association [Reference: The use shall be considered materially similar if it falls within the same LBCS classification and meets the requirements of subsection (b) below. (b) The proposed use shall not generate average daily trips exceeding other uses proposed in the zoning district by more than ten percent, as determined by the Institute of Transportation Engineers, Trip Generation (7th ed., 2003, or as subsequently updated)(the "ITE Manual"), which document is hereby incorporated by this reference. If the proposed use trip generation is not specifically listed in the ITE Manual, a use considered materially similar shall be used. The administrator may also refer to similar local traffic studies. 5. In order to assist in interpretation of the use Table of ermitted Uses, the LBCS numbers where applicable are enumerated. In interpreting the use Table of ermitted Uses, the following rules of construction shall apply: (a) If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar LBCS code number. The numbers increase as the classifications get more specific. (b) Some uses are listed separately, but fall within the same LBCS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS classification. b. Use Table of ermitted Uses. The following Table of ermitted Uses sets forth the manner by which certain uses may be permitted within the various districts set forth above. 1. "" denotes those uses that are permitted "by right." 2. "SU" denotes those uses that are permitted upon issuance of a special use permit in accordance with the provisions set forth in Chapter 16. Additional standards for certain uses requiring a special use permit are set forth in Chapters 3 and 5 of this ordinance. 3. "S" denotes those uses that are permitted with additional standards, which are set forth in Chapter 3 Table of ermitted Uses USE ERMIT Dwelling Town Home or Condominium Structure Dwelling Multifamily more than 4 units / bldg Home Occupation Housing Service for the Elderly Exhibit D, Ordinance No , age 3

4 Live-Work Units Bed and Breakfast Home Bed and Breakfast Inns Hotels/Motels/Inns Rooming or Boarding House Office/Service Animal Services Artist Workshop ATM Banks, Credit Unions, Financial Services Business Support Services Adult/Child Day Care Center (6 or more) Community Service Organization Drive Thru Service Equipment Rental Funeral Homes Group Care Facility (6 or more residents) Government Services Kennels Medical Services Clinic, Urgent Care Center Medical Services Doctor office ost Office rofessional Services ersonal Services Studio Art, Dance, Martial Arts, Music Vehicle Services Major Repair/Body Work S S S S S S Exhibit D, Ordinance No , age 4

5 Vehicle Services Minor Maintenance/Repair Accessory Retail Alcoholic Beverage Sales Store Auto/Mechanical arts Sales Bar/Tavern/Night Club Drive-Thru Retail/Restaurants Gas Station General Retail Restaurant Shopping Center Neighborhood Center Shopping Center Community Center Vehicle/Heavy Equipment Sales Indoor Vehicle/Heavy Equipment Sales Outdoor Amusements, Indoor Amusements, Outdoor Cultural or Community Facility Meeting Facilities Recreation Facilities, Indoor Recreation Facilities, Outdoor Theater, Movie Theater, Live erformance Manufacturing/Wholesale/Storage Laboratory Medical, Analytical, Research and Development Manufacturing, Light Manufacturing, Neighborhood Manufacturing, Heavy S S S S SU Exhibit D, Ordinance No , age 5

6 Media roduction Metal roducts Fabrication, Machine or Welding Shop Research and Development Storage Outdoor Storage Yard as a rimary Use SU Wholesaling and Distribution Colleges/Universities Sonoma ublic Safety Station Religious Institutions Schools Elementary and Secondary Schools Vocational/Technical Wireless Telecommunication Facility Stealth Utilities Class 1 and 2 Indoor Firing Range arking Swimming ool Residential Accessory Use Swimming ool rimary Use Fences Human Crematories Carnivals or Circus Religious Meeting Seasonal Structures Special Event Temporary Vendors Nonresidential Condominium Structures & Subdivisions of Land SU S S S S S S S S S S Exhibit D, Ordinance No , age 6

7 c. Density and dimensional requirements. Minimum Lot Size Maximum Dwelling Unit (DU) Density Maximum Ground Floor Area Each rinciple Structure None 15 du/ac er reliminary Master lan d. Front yard setbacks. Minimum Front Yard Setbacks District Setback from Right-of-Way Commercial Service/Alley/Rear Lane CMX/CMX CD 10 feet Edge of right-of-way 6. Structures located on corner lots or multi-fronted lots shall conform to the front yard setbacks as set forth herein along all streets upon which such lots front. 7. The administrator shall require additional setbacks as necessary to account for existing or proposed additional automobile, bicycle, or pedestrian travel lanes, turn lanes, roundabouts, on-street parking, and other improvements that deviate from a standard street cross-section. e. Side and rear yard setbacks. Side Yard Setback Setback Between Buildings Rear Yard Setback 0/30 from residential district 0 Subject to NC Building & Fire Codes 10/40 from residential district f. Other structure and lot dimensional requirements. Height By Right 50 feet 4. hasing a. hasing of the roject is authorized and any such phase shall be reviewed in accordance with the UDO, the reliminary Master lan and this List of Conditions. b. The application for each final master plan approval shall be accompanied by a revised reliminary Master lan showing how the phase represented by the final master plan relates to the District as a whole. rior to granting final master plan approval for any such phase, the lanning Board shall be assured that the revised plan of development demonstrates adequate planning for infrastructure and connectivity and other applicable regulations contained in Brevard City Code. 5. Infrastructure. Exhibit D, Ordinance No , age 7

8 a. Sonoma shall provide public utility easements for all water and sewer lines shall within the District that are intended for ownership, operation and maintenance by the City of Brevard. The ublic Services Director is authorized to determine final easement locations and widths. Sonoma shall submit to the lanning Director a dedication plat and dedication agreement that is consistent with the lanning Director's standard operating procedures and practices for the installation and dedication of public infrastructure. b. The ublic Services Director is authorized to require such modifications to utilities as depicted upon the reliminary Master lan as are deemed necessary to provide adequate water, sewer, and storm water service to the roject Area and to properly integrate new infrastructure into the existing City utility system. c. Sonoma shall install public and private pedestrian infrastructure as depicted upon the preliminary and final master plans. ublic pedestrian infrastructure shall be dedicated to the City of Brevard by means of a dedication plat and dedication agreement that is consistent with the lanning Director's standard operating procedures and practices for the installation and dedication of public infrastructure. d. Sonoma shall dedicate a public road right-of-way across the following parcel of land: roperty Identification Number: Owner: Youngblood Oil Company Inc O Box 2590 Hendersonville NC Deed Book: age: 0289 Such right-of-way shall be a minimum of 60 feet in width, and situated in such a way as to connect with the future West Loop, a public road that is generally depicted within the 2007 Transylvania County Comprehensive Transportation lan, and shall include the former right-of-way of the Norfolk Southern Rail line, which traverses the property. Such right-ofway is generally depicted in Exhibit F of this Ordinance, which is attached hereto and incorporated herein by reference. The City of Brevard shall prepare dedication plats for presentation to Sonoma, who shall dedicate such right-of-way to the City of Brevard within one year of the effective date of this ordinance. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] e. Sonoma shall install median closures and a traffic signal at the primary entrance to the District, subject to the approval of the North Carolina Department of Transportation. The City of Brevard shall prepare an engineer s preliminary estimate of construction within four months of the effective date of this Ordinance. Such estimate, plus 25% of its value, shall serve as the basis of a letter of credit, which Sonoma present to the City of Brevard prior to the issuance a certificate of completion of construction of the Bojangles portion of the hase I Final Master lan. Such letter of credit shall be valid for a period of time not less than two years. Sonoma shall complete installation of the signal and median closure prior to the expiration of such letter of credit. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] Exhibit D, Ordinance No , age 8

9 e. All dumpsters shall be connected to the City's sanitary sewer system. 7. Signage, Architectural & Lighting Requirements a. At the time of final master plan review, Sonoma may propose architectural standards which deviate from those contained in Sections 5.1 through 5.14 [VERIFY REFERENCE] of the UDO. All other applicable standards contained in Chapter 5 of the UDO shall govern. The lanning Board may, in its discretion, approve some or all of such deviations provided they result in a design which is as good as or better than that required by the UDO. If the lanning Board does not approve such varied standards, the standards contained in Chapter 5 of the UDO shall govern. b. An isolux lighting plan shall be provided at the time of each final master plan submittal. c. Landscape, parking lot and travel lane lighting shall comply with the dark skies requirements of the UDO. Low-level landscape lighting, bollards, and other non-intrusive types are encouraged. The lanning Board is authorized, at the time of final master plan review, to impose such reasonable conditions as are necessary to minimize the impact of the project upon the community view shed and adjacent property owners. d. Ground and wall sign dimensions, designs and locations are permitted in the as shown upon the preliminary master plan signage sheet [DOES NOT EXIST]. All other signage not depicted therein are subject to the routine requirements of Chapter 12 of the UDO. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] 8. arking. a. arking is approved as shown upon the reliminary Master lan. The lanning Board is authorized to approve intermediate modifications to proposed parking with respect to location, geometry and quantity. The total number of parking spaces to be required shall be generally consistent with this reliminary Master lan. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] 9. Floodplain Development & Stream Restoration a. Sonoma acknowledges and agrees to the requirement that all future development comply with the floodplain development requirements of Chapter 34 of Brevard City Code. b. Sonoma agrees to dedicate to the City of Brevard, an easement for the purposes stream bank restoration and flood hazard mitigation, along [NAME] creek. Such easement shall generally follow the [NAME] Creek and shall include the floodway and Zone AE as depicted upon [INSERT ROER NAME OF FLOOD MA]. The City of Brevard shall prepare and present easement dedication documents to Sonoma, who shall dedicate such easement within one year of the effective date of this Ordinance. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] 10. Recreational Open Space Exhibit D, Ordinance No , age 9

10 a. Sonoma shall provide a minimum of [# SQUARE FEET ER LANNING BOARD / COUNCIL DISCUSSION] of dedicated recreational open space, as generally depicted upon the preliminary master plan. b. Sonoma is not required to dedicate such space for public use, and may reserve such space for exclusive use by the residents of the structures labeled as Student Housing upon the preliminary master plan. c. Sonoma shall present a final master plan for the design of such space within six months of the effective date of this ordinance, and shall complete installation within one year of the effective date of this ordinance. [MODIFY ER LANNING BOARD / COUNCIL DISCUSSION] 11. Maintenance of Infrastructure, Open Space & Recreation Space. a. Except for infrastructure dedicated to the City of Brevard, Sonoma shall be responsible for maintaining all infrastructure, open space in compliance with all applicable requirements of City Code and this Ordinance, and in a manner that is consistent with the reliminary and Final Master lan. 12. Access by Representatives of the City. a. Sonoma shall provide the City with satisfactory assurance that representatives of the City shall have access to any property containing public infrastructure, private storm water infrastructure, or required landscaping or open space so that the City may inspect such facilities and, if necessary, maintain them. Exhibit D, Ordinance No , age 10