Burger King Corporation #1283 c/o Tom Brogan 963 James Street Syracuse, NY 13203

Transcription

1 September 20, 2017 Burger King Corporation #1283 c/o Tom Brogan 963 James Street Syracuse, NY Re: Zoning Petition W-3344 Dear Petitioner: The attached report of the Planning Board to the City Council is sent to you at the request of the Council Members. You will be notified by the City Secretary s Office of the date on which the Council will hear this petition. Sincerely, A. Paul Norby, FAICP Director of Planning and Development Services pc: City Secretary s Office, P.O. Box 2511, Winston-Salem, NC Joycelyn Johnson, 2426 Edison Court, Winston-Salem, NC Carol Davis, 1922 S. Martin Luther King, Jr. Drive, Winston-Salem, NC Burger King Corporation #1283, P. O. Box , Houston, TX City Council: Mayor Allen Joines; Vivian H. Burke, Mayor Pro Tempore, Northeast Ward; Denise D. Adams, North Ward; Dan Besse, Southwest Ward; Robert C. Clark, West Ward; John C. Larson, South Ward; Jeff MacIntosh, Northwest Ward; Derwin L. Montgomery, East Ward; James Taylor, Jr., Southeast Ward; City Manager: Lee D. Garrity County Commissioners: David R. Plyler, Chairman; Don Martin, Vice Chair, Fleming El-Amin; Ted Kaplan; Richard V. Linville; Gloria D. Whisenhunt; Everette Witherspoon; County Manager: Dudley Watts, Jr. City-County Planning Board: Arnold G. King, Chair; Allan Younger, Vice-Chair; George M. Bryan, Jr.; Melynda Dunigan; Jason Grubbs; Tommy Hicks; Clarence R. Lambe, Jr.; Chris Leak; Brenda J. Smith

2 ACTION REQUEST FORM DATE: September 20, 2017 TO: The Honorable Mayor and City Council FROM: A. Paul Norby, FAICP, Director of Planning and Development Services COUNCIL ACTION REQUEST: Request for Public Hearing on zoning petition of Burger King Corporation #1283 SUMMARY OF INFORMATION: A. Public hearing on zoning petition of Burger King Corporation #1283 from HB MLKO to HB: property is located on the northwest corner of Martin Luther King Jr. Drive and Fifth Street (Zoning Docket W-3344). B. Ordinance amending the Unified Development Ordinances of Winston-Salem/Forsyth County and the Official Zoning Map. PLANNING BOARD ACTION: MOTION ON PETITION: APPROVAL FOR: JASON GRUBBS, TOMMY HICKS, ARNOLD KING, CHRIS LEAK, BRENDA SMITH, ALLAN YOUNGER AGAINST: GEORGE BRYAN, MELYNDA DUNIGAN, CLARENCE LAMBE SITE PLAN ACTION: NOT REQUIRED

3 CITY ORDINANCE - GENERAL USE Zoning Petition of Burger King Corporation #1283, Docket W-3344 AN ORDINANCE AMENDING THE WINSTON-SALEM CITY ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF WINSTON-SALEM, N.C. BE IT ORDAINED by the City Council of the City of Winston-Salem as follows: Section 1. The Winston-Salem City Zoning Ordinance and the Official Zoning Map of the City of Winston-Salem, N.C. are hereby amended by changing from HB MLKO to HB the zoning classification of the following described property: PIN# Section 2. This ordinance shall become effective upon adoption.

4 CITY-COUNTY PLANNING BOARD STAFF REPORT PETITION INFORMATION Docket # W-3344 Staff Gary Roberts, Jr. AICP Petitioner(s) Burger King Corporation #1283 Owner(s) Same Subject Property PIN# Address 510 North Martin Luther King Jr. Drive Type of Request General use rezoning from HB MLKO to HB Proposal The petitioner is requesting to amend the Official Zoning Maps for the subject property from HB MLKO (Highway Business Martin Luther King Overlay) to HB (Highway Business). Neighborhood Contact/Meeting NOTE: General, special use limited, and special use district zoning were discussed with the petitioner(s) who decided to pursue the rezoning as presented. With a General use, all uses in the District must be considered. The petitioner has submitted the following summary of their neighborhood outreach efforts: On August 15, 2017, Carrols LLC representative, Tom Brogan, met with a number of neighboring property and business owners and designated City Officials. The meeting was coordinated through Councilman Montgomery s office and attended by (including but not limited to) Evelyn Arcree (M&F Bank), Virginia Hardesty (Forsyth Seafood), Carol Davis (S.G. Atkins CDC), Pete Williams (M&F Bank), Drew Gerstmyer (neighboring property owner) and Carol Brooks (City of Winston-Salem). The project and requirements triggering the necessity for the zone change request were reviewed in detail. There were no objections to our request expressed by any attendee; to the contrary, by our estimates, all were in support. Zoning District Purpose Statement Respectfully submitted, Carrols LLC Thomas Brogan The HB District is primarily intended to accommodate retail service and distributive uses. The district is established to provide locations for establishments which require high visibility and good road access, or which cater primarily to passing motorists. However, the district is not intended to encourage or accommodate strip commercial development. Developments in this district generally have substantial front setbacks. This district is intended for application in GMAs 2, 3 and 4.

5 Applicable Rezoning Consideration from Chapter B, Article VI, Section 6-2.1(R) Location Jurisdiction Ward(s) Site Acreage Current Land Use Surrounding Property Zoning and Use Applicable Rezoning Consideration from Chapter B, Article VI, Section 6-2.1(R) Physical Characteristics (R)(1) - Is the proposal consistent with the purpose statement(s) of the requested zoning district(s)? The request is consistent with the proposed HB district purpose statement in that the site is currently zoned HB MLKO and it has high visibility due to its location at a major intersection. GENERAL SITE INFORMATION Northwest corner of Martin Luther King Jr. Drive and Fifth Street City of Winston-Salem East ±.8 acre Currently, a Burger King restaurant with drive through service is located on the site. Direction Zoning District Use North HB MLKO Multiple business uses within the East Winston Shopping Center East RM18 MLKO Apartments South RS7 MLKO Automotive repair West HB MLKO Office uses (R)(2) - Is/are the use(s) permitted under the proposed classification/request compatible with uses permitted on other properties in the vicinity? Yes, the uses permitted in the proposed zoning are the same as the uses permitted within the existing zoning. The developed site has a gentle to moderate slope downward toward the northeast. The northern portion of the site does sit several feet above the road grade from North Martin Luther King Jr. Drive and is bordered by an existing retaining wall. Public water and sewer are available to the site. Proximity to Water and Sewer Stormwater/ No known issues. Drainage Watershed and The site is not located within a water supply watershed. The site is Overlay Districts located within the Martin Luther King Overlay District (MLKO). Analysis of The site appears to have no significant development constraints such as General Site steep slopes, watersheds, or floodplains. The retaining wall along North Information Martin Luther King Jr. Drive could play a role in any future development/redevelopment of this site. RELEVANT ZONING HISTORIES Case Request Decision & Direction Acreage Recommendation Date from Site Staff CCPB W-3112 Multiple Approved Included Approval Approval districts to current MLK Overlay site

6 W-3020 RM18 to PB- S Approved northeast 1.75 Denial Denial SITE ACCESS AND TRANSPORTATION INFORMATION Street Name Classification Frontage Average Daily Capacity at Level of Service D Trip Count Martin Luther King Boulevard ,000 38,100 Jr. Drive Fifth Street Minor 130 4,300 15,800 Proposed Access Point(s) Trip Generation - Existing/Proposed Sidewalks Transit Analysis of Site Access and Transportation Information Legacy 2030 Growth Management Area Relevant Legacy 2030 Recommendations Relevant Area Plan(s) Area Plan Recommendations Thoroughfare Because this is a general use request, the exact location of access points is unknown. The site has public road frontage on Martin Luther King Jr. Drive and Fifth Street. No trip generation is available for the existing or proposed zonings as neither includes a site plan. Sidewalks are located along both sides of all nearby streets. Routes 92, 94, 96, 100, and 105 serve the intersection of Martin Luther King Jr. Drive and Fifth Street. The corner lot has frontage on a boulevard and a minor thoroughfare, both of which have extra capacity. The site is also well served with sidewalks and transit and is located within an area which experiences a high degree of pedestrian traffic. CONFORMITY TO PLANS AND PLANNING ISSUES Growth Management Area 1 - City Center Promote a pedestrian-friendly orientation for new development and redevelopment and reduce the visual dominance of parking areas. Promote activity centers as compact, mixed-use areas supporting walking and transit use and providing services and employment close to residences. East-Northeast Area Plan Update (2015) The subject property is recommended for commercial land use. The reuse and redevelopment of underutilized sites is recommended. The site is located within the East Winston Activity Center. Recommendations include: Locate buildings closer to the street to create an interesting and inviting public/private streetscape and locate parking to the rear or side of building to de-emphasize vehicles. Create pedestrian-friendly character through the development/redevelopment of properties by making sure buildings and streets are designed for pedestrian comfort.

7 Site Located Along Growth Corridor? Site Located within Activity Center? Applicable Rezoning Consideration from Chapter B, Article VI, Section 6-2.1(R) Analysis of Conformity to Plans and Planning Issues Add street trees, wide sidewalks, street furniture, special paving areas, pedestrian lighting and planning areas. Encourage more retail, office and entertainment developments to serve the existing neighborhoods and to attract more people from surrounding areas. The site is located along the Martin Luther King Jr. Growth Corridor. The site is located within the East Winston Activity Center. (R)(3) - Have changing conditions substantially affected the area in the petition? No (R)(4) - Is the requested action in conformance with Legacy 2030? No The subject request is to rezone the site which is currently developed with a Burger King restaurant from HB MLKO to HB. In 2011, the S.G. Atkins CDC spearheaded the creation of the Martin Luther King Overlay. After many community meetings were held, the City Council approved this +/-31 acre area which extends along both sides of the street for approximately one half mile from US 421 northward to Cleveland Avenue. The purpose of the MLKO is to require that new development be of an urban form and character and to prevent new suburban-style development while still allowing for creativity and flexibility in creating urban, pedestrian-oriented design opportunities in this area. This effort was similar to the form-based code provisions of the Winston Overlay District which was adopted for portions of downtown in The Martin Luther King Overlay District contains standards pertaining to building setbacks including build-to lines to ensure that new buildings address the street rather than being placed behind parking lots. The standards also pertain to ground floor facade transparency, building entrances, signage, and landscaping for off-street parking (see Attachment B). The subject property is located in an area characterized by significant pedestrian traffic which is one of the reasons this section of Martin Luther King Jr. Drive was selected as a suitable area for pedestrian oriented development. The benefit of urban form (where buildings are pulled up to the street) is that it promotes pedestrian activity and interaction. One of the

8 overarching themes of Legacy 2030 is the promotion of pedestrianfriendly development. This is particularly the case in the City Center Growth Management Area. This site is also located within the East Winston Activity Center as designated by the 2015 East-Northeast Area Plan Update. One of the principal activity center recommendations of this recently adopted plan is to locate buildings closer to the street to create an interesting and inviting public/private streetscape and locate parking to the rear or side of building. Additionally, the site is at a pivotal location in the new East End Master Plan, which is being funded by the City, administered by the S.G. Atkins CDC, and is being led by the consultant team of Ayers Saint Gross. The Master Plan effort is being done in order to position this area to take advantage of the urban economic growth that is being generated in the Wake Forest Innovation Quarter. Both Fifth Street and Martin Luther King Jr. Drive are being seen as key mixed-use, pedestrian oriented corridors connecting the East End area back to the Wake Forest Innovation Quarter and Winston-Salem State University. Staff sees no reason to remove the subject property from the MLKO. If this site is removed, it would set a precedent for the removal of other properties and raises the issue of whether such an overlay is still appropriate. Staff also notes that UDO-282 is a text amendment which is tracking in tandem with the subject rezoning request. This amendment would permit more flexibility for auto dependent uses while still retaining the objective of buildings being placed closer to the street. CONCLUSIONS TO ASSIST WITH RECOMMENDATION Positive Aspects of Proposal Negative Aspects of Proposal The request would permit more The request would allow development on the development flexibility on the subject site which is not pedestrian oriented and not property. consistent with the purpose of the MLKO. The site is a highly visible corner lot. The manner in which this site may redevelop will influence the character of this portion of Martin Luther King Jr. Drive. The site is surrounded by properties which have the MLKO designation. The request could establish a precedent for other properties along this portion of Martin Luther King Jr. Drive to be removed from the MLKO designation.

9 STAFF RECOMMENDATION: Denial NOTE: These are staff comments only; final recommendations on projects are made by the City-County Planning Board, with final decisions being made by the appropriate Elected Body, who may approve, deny, table or request modification for any project. THE APPLICANT OR REPRESENTATIVE IS STRONGLY ENCOURAGED TO ATTEND THE PUBLIC HEARINGS WHERE THE CASE WILL BE CONSIDERED BY THE PLANNING BOARD AND THE ELECTED BODY.

10 CITY-COUNTY PLANNING BOARD PUBLIC HEARING MINUTES FOR W-3344 SEPTEMBER 14, 2017 Gary Roberts presented the staff report. PUBLIC HEARING FOR: Tom Brogan, 13 West Austin Street, Skaneateles, NY I am the Director of Real Estate for Carrols LLC. We are the owner/operator of the Burger King restaurant. We acquired this facility in June As part of our revamping of approximately 500 restaurants, we did an internal evaluation of this restaurant. Also as part of that process we sent a professional out to do a site investigation report to understand what might need to happen for us to improve this property. After making some inquiries with the City, the City reached out to us to encourage us to invest in that neighborhood. We were encouraged to proceed with the project understanding that sometime in 2011 they instituted the Overlay District over the Highway Business district zoning which put further constraints on this property. This parcel has topography, shape, and geography issues. We worked with the City to see what we could and couldn't do with regard to the intent of the overlay. We determined that we cannot push the building up closer to the streets. We cannot continue as we are existing today. We were seeking to make significant improvements to the physical structure, the character of the property and the character of the neighborhood. Subsequently we've had several meetings with City officials and with neighbors and Council Member Montgomery. By our perspective it seemed to be very supportive and positive by everyone who attended our neighborhood meeting. To do this type of development you have to get ahead of things and spend some money preparing. There are so many shortcomings to this project that it's really not a candidate to reimage. If we're going to do it, we want to do it right. If there was a variance provision in the code, that's what we'd be looking at.

11 We're trying to make a very significant improvement to the corridor and the neighborhood. CVS was able to pull their building up because their site is approximately two (2) acres while ours is 0.8 acre. A lot of things that are going on and aren't conducive to improving a neighborhood tend to decrease when we redo our restaurants. There has been discussion about leveling the site. The requirements under ADA today are pretty challenging. Putting lipstick on what is there wouldn't cure anything and wouldn't be worth the effort. This project is probably what stimulated the idea of making some allowances for variations in the Overlay District. We are 100% behind the Overlay and our intent would be to develop this in a similar manner to the elements already around us. We're totally transparent with the challenges and with possible solutions. We would honor what we said we would do. Joycelyn Johnson, 2426 Edison Court, Winston-Salem, NC I support this project as submitted. There needs to be some flexibility along the corridor. We need a place where people can come in, enjoy a meal without being in full view of pedestrians and vehicular traffic. The one thing we don't want to do is to increase the heat islands that are within the community. This brings the flexibility that we want to see in the community. There are businesses which are right on the street but it's because of the widening of Martin Luther King, Jr. Drive, not because they were built that way. Please support this because it does bring flexibility. Maybe we need to rethink the Overlay District so we can have true pedestrian interaction within the community. AGAINST: None. WORK SESSION During discussion by the Planning Board, the following points were made: The three main components of the overlay district are to have the building pulled up to within five (5) to ten (10) feet of the right-of-way, to have ground level transparency, and that there be some form of pedestrian entrance to the street, just to make it pedestrian friendly. The vision for this area as presented by the S.G. Atkins Community Development Corporation a number of years ago was for an urban, pedestrian-oriented atmosphere. The Martin Luther King Overlay District is the mechanism to ensure that.

12 Although the Planning Board just recommended approval of UDO-282 which adds alternative compliance provisions for the Martin Luther King Overlay District, staff's recommendation would still have been for denial due to the request for general use zoning. General use zoning offers no protections for the area. Most national franchises, including Burger King, have urban models. The issue is simply whether they are required to use them. This is a general use rezoning. As such, conditions cannot be attached to it and site plan details cannot be considered. In response to questions from the Board, Carol Davis, Executive Director of the Simon Green Atkins Community Development Corporation, 1922 S. Martin Luther King, Jr. Drive, Winston- Salem, NC 27107, made the following comments: It was our intent with the Overlay District to follow the vision that was set by the neighbors and neighborhood meetings that we had in We had numerous meetings, looked at different urban forms, and people voted in developing the vision for this corridor. Overwhelmingly people chose a more urban form, not the suburban model which shows a lot of parking right up against the street and the building sitting back. So we followed that vision. We looked at other communities. We looked at what was going on downtown. The people spoke and they asked that we consider relocating buildings up against the street so it would be pedestrian friendly. It was not our intent to discourage any new development. In fact I don't know of any new development that has been denied since this overlay has been in place. It has been slow going in terms of finding investors to put new businesses or new housing on the corridor, but we haven't turned anybody away. It is my hope that we can still find a way to create a site plan that works for everyone. I understand that a Planning staff person did do some kind of drawing, but I haven't seen it. We do want to see an improved Burger King. We think that would be a great signal to the community that Burger King wants to be a viable business in the neighborhood, that they appreciate the community, and the patronage of that business there. We want to see business investment in the corridor but at the same time we want to see some uniformity of design so any new businesses that come are aesthetically appealing, that it's in keeping with the pedestrian nature that is consistent with the vision that people have for the area. In response to a question by a Board member about how to make the proposal more pedestrian friendly, Ms. Davis stated that it would be nice for Burger King to make an outside area similar to the one CVS has. They could possibly create a pedestrian friendly corner with a nice bricked area and some benches. Perhaps there could be a patio and some seating outside that would come up to the curb. I do think staff had some suggestions that could work that would meet the spirit of the overlay. I don't want to gut the overlay. A lot of time and effort and thinking went into that, a lot of community meetings and expense. Those studies that we did that included community meetings were probably done mostly with City funds. The overlay sets a good standard and we should try to comply with it as much as possible.

13 I hope with the alternative compliance provision that we could do something else. The goal of the text amendment was to allow some wiggle room but also limit it because if you start allowing bays of parking there, then there is no sense in having the overlay. The idea of pedestrian oriented development is not just that you pedestrianize the sidewalk, but you pull the building closer so there can be more interaction of what is happening on the sidewalk and what is happening in the building. Parking is not allowed on Fifth Street. We have here a request to come out of the Overlay District. If the site does, it essentially does away with the Overlay District. If the site does come out, everybody should consider the legitimacy of the Overlay District and consider eliminating it because there is no rationale for expecting anyone else to conform with those standards so you probably want to ask yourself the question, "do we even need the Overlay?" The second issue here is that the request is for general use zoning so the site plan we saw doesn't mean anything. It could be any type of site plan. The other side of the coin is if we don't do that, you're not going to get your new Burger King. So that's what you need to consider. The petitioner indicated he is not able to consider a continuance to come back with special use district zoning. These pictures which have been shown cannot be considered since this is a general use district zoning. MOTION: Allan Younger moved approval of the zoning petition. SECOND: Chris Leak VOTE: FOR: Jason Grubbs, Tommy Hicks, Arnold King, Chris Leak, Brenda Smith, Allan Younger AGAINST: George Bryan, Melynda Dunigan, Clarence Lambe EXCUSED: None A. Paul Norby, FAICP Director of Planning and Development Services

14 WOODLAND AV Printed: 9/12/2017 RM12 RMU RM18 GO E SEVENTH ST LO E SECOND ST N CLEVELAND AV PB-L E FOURTH ST RS7 N LAURA WALL BV HB MLKO LO LO-S RM5 RS7 HB-S N MARTIN LUTHER KING 72' 15' 175'!( S IP MLKO 150' 110' JR DR!( S 220' 40' E FIFTH ST RS7 MLKO HB-S MLKO E THIRD ST IP PB-S MLKO RM18 MLKO WHEELER ST LOCUST AV RM18 PB-L RS7 LO-S HB-S NEW WALKERTOWN RD N DUNLEITH AV N DUNLEITH AV RM8-S LB LO-S N JACKSON AV N JACKSON AV RMU DOCKET #: W3344 PROPOSED ZONING: HB EXISTING ZONING: HB MLKO PETITIONER: Burger King Corporation #1283 SCALE: 1'' represents 300' STAFF: Roberts GMA: 1 ACRES: 0.80 Property included in zoning request. 500' mail notification radius. Property not in zoning request. NEAREST BLDG: 47' north MAP(S): F

15 VINE ST North Central Area Plan East-Northeast Area Plan METROPOLITAN DR GEORGE BLACK LN N CAMERON AV RICH AV TEMPLE ST FERRELL AV ADELAIDE ST ADDISON AV BIG HOUSE GAINES BV E TENTH ST *b *b NEW WALKERTOWN RD FERRELL CT OLD GREENSBORO RD BRUSHY FORK CREEK SLATER AV N CHESTNUT ST N PATTERSON AV E NINTH ST *b E TENTH ST N LIBERTY ST IVY AV N MARTIN LUTHER KING JR DR BRENNER ST HIGHLAND AV E ELEVENTH ST CLEVELAND AV N CLAREMONT AV FILE ST MOUNT ZION N JACKSON AV N GRAHAM AV GRAY AV E NINTH ST CAMEL HEIGHTS DR CAMEL AV N MARTIN LUTHER KING JR DR PL E SIXTH ST C RU ARL SS ELL AV E SEVENTHST S LIBERTY ST N MAIN ST S MAIN ST S CHURCH ST N CHESTNUT ST N CHURCH ST E FIRST ST N PATTERSON AV FOGLE ST ANT PL E SALEM AV PO WER CR East-Northeast Winston-Salem Area Plan, 2015 (Proposed land uses shown are generalized. See area plan for specific recommendtations.) Proposed Land Use Single-Family Residential (0-8 Du/Ac) Low-Density Attached Residential (0-8 DU/Ac) Intermediate-Density Residential ( DU/Ac) High-Density Residential (over 18 DU/Ac) Office Office/Low-Intensity Commercial Commercial Mixed-Use Development Industrial Institutional Park Brookstown / Open space Marshall Utilities Residential Opportunity Areas CEMETERY ST Moderate Density (up to 8 du/ac) Proposed Growth Corridor k N RESEARCH PW Urban/Suburban Form - Single-Family Residential Urban Form - Commercial/Office/Multifamily Special Land Use Condition Areas Activity Center Feet EARLINE PARMON DR S Downtown Area Plan East-Northeast Area Plan I E FOURTH ST GREYHOUND CT RESEARCH PW E FIFTH ST E THIRD ST HIGHLAND AV Downtown Area Plan *c South Central Area Plan WOODLAND AV C E GRAY DR N LAURA WALL BV S LAURA WALL BV AV E SECOND ST HARDESTY LN S CLEVELAND Case W3344 VIRGINIA NEWELL LN S JACKSON AV N CLEVELAND AV *d EXCELSIOR ST CROMARTIE ST East Winston WHEELER ST N DUNLEITH AV *b *a *a N GRAHAM AV S GRAHAM AV N CAMERON AV S CAMERON AV KÈ 3l6 East-Northeast Area Plan Southeast Area Plan E FIRST ST E FIFTH ST E FOURTH ST E THIRD ST MARYLAND AV TERRACE AV KENTUCKY AV LOWERY ST Plotted: 8/24/2017

16 W-3344 ATTACHMENT A EXISTING HB MLKO and PROPOSED HB USES ALLOWED City of Winston-Salem Jurisdiction Only USES ALLOWED WITH A PERMIT FROM THE ZONING OFFICER (Z) Academic Biomedical Research Facility Academic Medical Center Animal Shelter, Public Arts and Crafts Studio Banking and Financial Services Bed and Breakfast Boarding or Rooming House Building Contractors, General Building Materials Supply Car Wash Cemetery Child Care, Drop-In Church or Religious Institution, Community Church or Religious Institution, Neighborhood Club or Lodge College or University Convenience Store Electronic Sweepstakes Operation Food or Drug Store Fuel Dealer Funeral Home Furniture and Home Furnishings Store Golf Course Government Offices, Neighborhood Organization, or Post Office Habilitation Facility A Habilitation Facility B Habilitation Facility C Hospital or Health Center Hotel or Motel Institutional Vocational Training Facility Kennel, Indoor Library, Public Micro-Brewery or Micro-Distillery Motor Vehicle, Body or Paint Shop Motor Vehicle, Rental and Leasing Motor Vehicle, Repair and Maintenance Motor Vehicle, Storage Yard Motorcycle Dealer Museum or Art Gallery Nursery, Lawn and Garden Supply Store, Retail Offices Outdoor Display Retail Park and Shuttle Lot Uses Allowed in HB Revised 2/27/2017

17 W-3344 ATTACHMENT A EXISTING HB MLKO and PROPOSED HB USES ALLOWED City of Winston-Salem Jurisdiction Only Parking, Commercial Police or Fire Station Recreation Facility, Public Recreation Services, Indoor Recreation Services, Outdoor Recreational Vehicle Park Restaurant (with drive-through service) Restaurant (without drive-through service) Retail Store School, Vocational or Professional Services A Services B Shopping Center Shopping Center, Small Signs, Off-Premises Special Events Center Stadium, Coliseum, or Exhibition Building Storage Services, Retail Terminal, Bus or Taxi Testing and Research Lab Theater, Drive-In Theater, Indoor Transmission Tower Urban Agriculture Utilities Veterinary Services Warehousing USES ALLOWED WITH REVIEW BY THE PLANNING BOARD (P) Adult Day Care Center Child Care, Sick Children Child Day Care Center Landfill, Construction and Demolition Landfill, Land Clearing/Inert Debris School, Private School, Public USES ALLOWED WITH SPECIAL USE PERMIT FROM ZONING BOARD OF ADJUSTMENT (A) Borrow Site Dirt Storage Helistop Uses Allowed in HB Revised 2/27/2017

18 W-3344 ATTACHMENT A EXISTING HB MLKO and PROPOSED HB USES ALLOWED City of Winston-Salem Jurisdiction Only USES ALLOWED WITH SPECIAL USE PERMIT FROM ELECTED BODY (E) Access Easement, Private Off-Site 5 Entertainment Facility, Large Correctional Institution 5 SUP not required if requirements of Section B.2-5.2(A) are met Uses Allowed in HB Revised 2/27/2017

19 W-3344 Attachment B Martin Luther King Overlay District (MLKO) Requirements UDO Chapter B, Article II, Section (G) (a) Location of Structures....Structures within the MLKO District shall have front build-to lines of between five (5) feet and ten (10) feet. Additionally, structures on corner lots shall also have side-street build-to lines of between five (5) feet and ten (10) feet. (b) Ground Floor Facade Transparency. (i) No less than fifty percent (50%) of the ground floor (between two (2) and ten (10) feet above street level) street-facing facades of structures within the MLKO District shall consist of transparent windows, doors, or openings in the facade. (ii) Where walls, fences or other similar features exist between the public right-of-way and the street-facing facade, a minimum of fifty percent (50%) of such feature shall consist of transparent openings. (c) Entrances....Buildings within the MLKO District shall have at least one entrance per one hundred (100) linear feet of street frontage, on each streetfacing facade, with a minimum of one entrance per building. Each entrance shall be able to accommodate a door at least thirty-six inches (36) inches wide and six (6) feet, eight (8) inches tall. (d) Signage....Freestanding signs in the MLKO District shall have a maximum height of six (6) feet and a maximum area of thirty-six (36) square feet. (e) Off-Street Parking....Off-street parking within the district adjacent to Martin Luther King Jr. Drive shall meet the streetyard requirements of Section B or may be alternatively screened by walls or fences which are between fifty percent (50%) to seventy-five percent (75%) transparent. Such walls shall be constructed of brick or stone.

20 W-3344 ATTACHMENT C USES ALLOWED UNDER PROPOSED SERVICES, A SERVICES, A. An establishment primarily engaged in providing a service(s) to business and individuals. All merchandise and rental equipment is stored inside enclosed buildings. Services A includes the following list of uses (including SIC groups and all subcategories not elsewhere listed): 7212 Garment Pressing and Agents for Laundries and Drycleaners 7215 Coin-Operated Laundries and Cleaning 7216 Drycleaning Plants, Except Rug 7217 Carpet and Upholstery Cleaning 722 Photographic Studios, Portrait 723 Beauty Shops 724 Barber Shops 725 Shoe Repair and Shoeshine Parlors 729 Miscellaneous Personal Services 733 Mailing, Reproduction, Commercial Art and Photography 735 Equipment Rental and Leasing (only with inside storage of equipment) 737 Computer Programming, Data Processing and other Computer Related Services (Except Computer Programming, 7371; Prepackaged Software, 7372; and, Computer System Design, 7373) 738 Miscellaneous Business Services 762 Electrical Repair Shops 763 Watch, Clock, and Jewelry Repair 764 Reupholstery and Furniture Repair 7699 Uses from SIC 7699 primarily engaged in providing repair and other services to business and individuals, that by the nature of their operation have little impact on adjoining property due to noise, odor, vibration, and/or air or water pollution. All repair items and supplies are stored in enclosed buildings. These uses include repair of small or precision equipment, such as medical, dental laboratory or drafting equipment, and the repair of personal use property such as cameras, musical instruments, and bicycles, and other services, including locksmiths and custom picture framing.

21 W-3344 ATTACHMENT D USES ALLOWED UNDER PROPOSED SERVICES, B SERVICES, B. An establishment primarily engaged in providing services to commercial and business establishments. Operations may include large scale facilities and storage of merchandise and equipment outside enclosed buildings. Services B includes the following list of uses (including SIC groups and all subcategories not elsewhere listed): 721 Laundry, Cleaning, and Garment Services Except those listed under Services A 7312 Outdoor Advertising Services 734 Services to Dwellings and Other Buildings 735 Equipment Rental and Leasing (with outside storage of equipment) 7623 Refrigeration Service and Repair 7692 Welding Repair 7694 Armature Rewinding Shops 7699 Establishments from SIC 7699 primarily engaged in providing repair and other services to businesses and to a lesser extent, individuals, that by the nature of their operation could impact adjoining property due to noise, odor, vibration, and/or air or water pollution. Uses include repair or servicing of large or heavy machinery, such as engines and appliances, and welding, blacksmith or gunsmith shops, and septic tank or sewer cleaning services, but not to include agriculture and farm equipment, industrial truck repair, and motorcycle repair.