City Council Zoning Meeting
Regular MeetingCharlotte, NC · February 29, 2016
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
Monday, February 29, 2016
5:30 PM
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Al Austin - John Autry
Ed Driggs - Julie Eiselt
Claire Fallon - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Minutes February 29, 2016
5:00 P.M. DINNER MEETING, CH-14
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina convened for a Dinner
Briefing on Monday, February 29, 2016 at 5:14 p.m. in CH-14 of the
Charlotte-Mecklenburg Government Center with Mayor Jennifer Roberts
presiding.
ROLL CALL
Present: 10 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry,
Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire
Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council
Member Greg Phipps, and Council Member Kenny Smith
Absent: 1- Council Member Vi Lyles
AUN: 1- Council Member James Mitchell
AGENDA REVIEW
This matter was For Information Only.
ROLL CALL
Council member Mitchell arrived at 5:26 p.m.
Present: 11 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry,
Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire
Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council
Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny
Smith
Absent: 1- Council Member Vi Lyles
AREA PLAN STATUS AND TEXT AMENDMENT UPDATE
An update on the Mobile Food Vending Text Amendment was presented. This
amendment is scheduled for a public hearing at the March 21, 2016 zoning
meeting.
A motion was made by Council Member Mayfield, seconded by Council Member
Austin, to Refer the Mobile Food Vending Text Amendment to Council
Committee, the Community Safety Committee. The motion carried by the
following vote:
Yea: 9- Council Member Austin, Council Member Autry, Council Member Driggs, Council
Member Eiselt, Council Member Fallon, Council Member Kinsey, Council Member
Mayfield, Council Member Mitchell, and Council Member Smith
Nay: 1- Council Member Phipps
RECESS
The meeting was recessed at 5:39 p.m. to move to the Council Chambers for the
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City Council Zoning Meeting Zoning Minutes February 29, 2016
regularly scheduled Zoning meeting.
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina reconvened for a
recessed Zoning meeting on Monday, February 29, 2016 at 5:45 p.m. in the
Council Chamber of the Charlotte-Mecklenburg Government Center with Mayor
Jennifer Roberts presiding.
ROLL CALL
Present: 11 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry,
Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire
Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council
Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny
Smith
Absent: 1- Council Member Vi Lyles
INTRODUCTIONS
INVOCATION
Council member Smith led the Invocation.
PLEDGE OF ALLEGIANCE
INTRODUCTION OF THE ZONING COMMITTEE
Tony Lathrop, Chairperson of the Zoning Committee of the Planning Commission,
introduced members of the Zoning Committee and said they will meet Monday,
March 7, 2016, at 4:30 p.m. in the Government Center to discuss and make
recommendations on the petitions that have public hearing tonight. The public is
welcome but please note that it is not a continuation of the public hearing that is
being held today. Before that meeting on the March 7, 2016, the public is
welcome to contact the committee to provide input. Contact information and
information on each of these petitions at charlotteplanning.org.
EXPLANATION OF A ZONING MEETING
Mayor Robert explained the rules and procedures of the Zoning meeting.
OTHER BUSINESS
17. 15-2454 Rezoning Petition: 2016-009 by Eastgroup Properties, LP
A motion was made by Council Member Mitchell and seconded by Council
Member Fallon Not to refer this Zoning Decision back to the Zoning Committee.
The motion carried unanimously.
ZONING HEARINGS
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City Council Zoning Meeting Zoning Minutes February 29, 2016
32. 15-2461 Rezoning Petition: 2016-008 by City Center Hotel, Inc.
Mayor Roberts opened the public hearing.
Speakers:
Brian Upton
HK Patel
A motion was made by Council Member Smith, seconded by Council Member
Phipps, to Close the Public Hearing. The motion carried unanimously.
33. 15-2467 Rezoning Petition: 2015-116 by Hwy. 521 Partners, LLC
Mayor Roberts opened the public hearing.
Speakers:
Keith MacVean
A motion was made by Council Member Driggs, seconded by Council Member
Mayfield, to Close the Public Hearing. The motion carried unanimously.
34. 15-2473 Rezoning Petition: 2016-019 by Johnson C. Smith University
A motion was made by Council Member Autry, seconded by Council Member
Mayfield, to Recuse Council member Austin from this Zoning Hearing. The
motion carried unanimously.
Mayor Roberts opened the public hearing.
Speakers:
Justin Harlow
Anayd Ezeighbo
A motion was made by Council Member Mitchell, seconded by Council Member
Mayfield, to Close the Public Hearing. The motion carried unanimously.
35. 15-2475 Rezoning Petition: 2016-022 by Philip W. McLamb
Mayor Roberts opened the public hearing.
Speakers:
Rus Ferguson
A motion was made by Council Member Autry, seconded by Council Member
Driggs, to Close the Public Hearing. The motion carried unanimously.
36. 15-2478 Rezoning Petition: 2016-026 by Hopper Communities
Mayor Roberts opened the public hearing.
Speakers:
John Carmichael
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A motion was made by Council Member Austin, seconded by Council Member
Mayfield, to Close the Public Hearing. The motion carried unanimously.
37. 15-2482 Rezoning Petition: 2016-032 by NR Pinehurst Owner, LLC
Mayor Roberts opened the public hearing.
Speakers:
John Carmiichael
A motion was made by Council Member Smith, seconded by Council Member
Phipps, to Close the Public Hearing. The motion carried unanimously.
38. 15-2476 Rezoning Petition: 2016-023 by American Towers, LLC
Mayor Roberts opened the public hearing.
Speakers:
Chris Khouri
A motion was made by Council Member Phipps, seconded by Council Member
Smith, to Close the Public Hearing. The motion carried unanimously.
39. 15-2479 Rezoning Petition: 2016-027 by Linda Pistone
Mayor Roberts opened the public hearing.
Speakers:
Collin Brown
A motion was made by Council Member Austin, seconded by Council Member
Mitchell, to Close the Public Hearing. The motion carried unanimously.
40. 15-2481 Rezoning Petition: 2016-031 by Domenic Polzella
Mayor Roberts opened the public hearing.
Speakers:
Denise Hockaday
Domenic Polzella
A motion was made by Council Member Kinsey, seconded by Council Member
Driggs, to Close the Public Hearing. The motion carried unanimously.
42. 15-2474 Rezoning Petition: 2016-021 by Charlotte-Douglas International Airport
Mayor Roberts opened the public hearing.
There were no speakers.
A motion was made by Council Member Mayfield, seconded by Council Member
Smith, to Close the Public Hearing. The motion carried unanimously.
MAYOR AND COUNCIL TOPICS
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City Council Zoning Meeting Zoning Minutes February 29, 2016
The City Council Members share information and raise topics for discussion.
CLOSED SESSION
A motion was made by Council member Driggs, seconded to by Council member
Austin to Go into Closed Session pursuant to NCGS 143-318.11 (a) (6) to consider
the qualifications, competence, performance, character, fitness, conditions of
appointment or conditions of initial employment of an indiviudal public officer or
employee or prospective public officer or employee. The motion carried
unanimously.
RECESS
The meeting was recessed at 7:41 p.m. to move to the Mayor's Office for a closed
session.
ADJOURNMENT
The meeting was adjourned at the conclusion of the closed session.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, February 29, 2016
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Al Austin - John Autry
Ed Driggs - Julie Eiselt
Claire Fallon - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Agenda February 29, 2016
5:00 P.M. DINNER MEETING, CH-14
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
CALL TO ORDER
INTRODUCTIONS
INVOCATION
PLEDGE OF ALLEGIANCE
INTRODUCTION OF THE ZONING COMMITTEE
EXPLANATION OF A ZONING MEETING
ZONING HEARINGS
32. Rezoning Petition: 2016-008 by City Center Hotel, Inc.
Location: Approximately 8.64 acres located on the west side of Collins Aikman Drive between
McCullough Drive and West W.T. Harris Boulevard. (Council District 4 - Phipps)
Current Zoning: O-2 (CD) (office district, conditional) & B-2 (CD)
(general business, conditional)
Proposed Zoning: B-2 (CD) (general business, conditional) 5-Year Vested Rights &
B-2 (CD) SPA (general business, conditional site plan amendment) 5-Year Vested Rights
Staff Recommendation:
Staff does not recommend approval of this petition in its current form due to the lack of design
commitments for new uses added to the site and desired pedestrian facilities.
2016-08_staff analysis_02-15-16-final-final
2016-008 vicinity map
2016-008 rezoning map revised
2016-008_RevisedSitePlan_12-18-2015
Previsously Approved Cover Page
2016-08_approved site plan_2008-105
33. Rezoning Petition: 2015-116 by Hwy. 521 Partners, LLC
Location: Approximately 13.22 acres located on the southwest corner at the intersection of Providence Road
West and Johnston Road. (Council District 7 - Driggs)
Current Zoning: O-1 (CD) (office, conditional)
Proposed Zoning: CC (commercial center)
Staff Recommendation:
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City Council Zoning Meeting Zoning Agenda February 29, 2016
Staff recommends approval of this petition upon resolution of outstanding issues related to uses,
expanses of blank walls, stormwater facilities, and transportation notes.
2015-116_staff_2-15-16-final-final
2015-116 vicinity map
2015-116 rezoning map
2015-116_RevisedSitePlan_01-15-2016
Previsously Approved Cover Page
2015-116_prev approved plan 2011-002AAJuly2014
34. Rezoning Petition: 2016-019 by Johnson C. Smith University
Location: Approximately1.61 acres located on the northeast corner at the intersection of Campus Street and Mill
Road. (Council District 2 - Austin)
Current Zoning: B-1(PED) (neighborhood business, pedestrian overlay), R-22MF (multi-family residential), &
R-22MF (PED) (multi-family residential, pedestrian overlay)
Proposed Zoning: MUDD-O (mixed use development, optional) & MUDD-O (PED) (mixed use development,
optional, pedestrian overlay)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to clarification of
uses and optional provisions, future parking and dedication of right-of-way.
2016-019_staff_02-15-2016-final-final
2016-019 vicinity map
2016-019 rezoning map
2016-019_RevisedSitePlan_01-15-2016
35. Rezoning Petition: 2016-022 by Philip W. McLamb
Location: Approximately 1.02 acres located on the north side of Central Avenue near the intersection of Landis
Avenue and Central Avenue. (Council District 1 - Kinsey)
Current Zoning: B-1 (neighborhood business)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition.
2016-022_Staff analysis_02-15-16_final-final
2016-022 vicinity map
2016-022 rezoning map revised2
2016-022_RevisedSitePlan_01-15-2016
36. Rezoning Petition: 2016-026 by Hopper Communities
Location: Approximately4.56 acres located on the north side of Wesley Heights Way and generally bounded by
Sumter Avenue, Auten Street, Duckworth Avenue and Wesley Heights Way.
(Council District 2 - Austin)
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City Council Zoning Meeting Zoning Agenda February 29, 2016
Current Zoning: R-8 (single family residential) & UR-3(CD) PED-O (urban residential conditional, pedestrian
overlay, optional)
Proposed Zoning: UR-3(CD) PED-O (urban residential conditional, pedestrian overlay, optional) & UR-3(CD) SPA
PED-O (urban residential conditional, site plan amendment, pedestrian overlay)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues pertaining to building
design, pedestrian orientation, and other technical issues.
2016-026_staff_02-15-2016-final-final
2016-026 vicinity map
2016-026 rezoning map revised
2016-026_RevisedSitePlan_01-15-2016
Previsously Approved Cover Page
2016-026_approved 2011-025
2016-026_ approved 2007-104
37. Rezoning Petition: 2016-032 by NR Pinehurst Owner, LLC
Location: Approximately 36.1 acres located on the west side of Providence Road between Cloister Drive and Knob
Oak Lane. (Council District 6 - Smith)
Current Zoning: R-17MF (CD) (multi-family residential, conditional)
Proposed Zoning: MUDD-O (mixed use development, optional) 5 year-vested rights
Staff Recommendation:
Staff does not recommend approval of this petition in its current form because the proposed site plan does
not mitigate the building mass of five stories and length of 690 feet along the Providence Road frontage.
2016-032_staff_2-15-16-final-final
2016-032 vicinity map
2016-032 rezoning map revised
2016-032_RevisedSitePlan_01-05-2016
Previsously Approved Cover Page
2016-032_prev apprved plan 2015-052
38. Rezoning Petition: 2016-023 by American Towers, LLC
Location: Approximately 2.8 acres located on the east side of Newell Farm Road near the intersection of Old
Concord Road and Newell Farm Road. (Council District 4 - Phipps)
Current Zoning: I-1 (CD) (light industrial, conditional)
Proposed Zoning: I-1(CD) SPA (light industrial, conditional, site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues.
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2016-23_staff analysis_02-15-16-final-final
2016-023 vicinity map
2016-023 rezoning map revised
2016-023 site plan
Previsously Approved Cover Page
2016-23 prev approved plan 1997-036C
39. Rezoning Petition: 2016-027 by Linda Pistone
Location: Approximately 95.67 acres located on the east side of Statesville Road and west side of Old Statesville
Road near the intersection of Statesville Road and Old Statesville Road.
(Council District 2 - Austin)
Current Zoning: I-1 (CD) (light industrial, conditional)
Proposed Zoning: I-1 (light industrial)
Staff Recommendation:
Staff recommends approval of this petition.
2016-027_staff_02-15-2016_final-final
2016-027 vicinity map
2016-027 rezoning map
40. Rezoning Petition: 2016-031 by Domenic Polzella
Location: Approximately 7 acres located on the east side of Bob Beatty Road near the intersection of Old
Statesville Road and Bob Beatty Road . (Council District 4 - Phipps)
Current Zoning: I-1 (light industrial)
Proposed Zoning: B-2 (general business)
Staff Recommendation:
Staff recommends approval of this petition.
2016-031_staff_02-15-2016_final-final
2016-031 vicinity map
2016-031 rezoning map revised
42. Rezoning Petition: 2016-021 by Charlotte-Douglas
International Airport
Location: Approximately 2.02 acres located on the southeast corner at the intersection of Boyer Street and
Withrow Road near Billy Graham Parkway. (Council District 3 - Mayfield)
Current Zoning: R-17MF (multi-family residential)
Proposed Zoning: I-2 (general industrial)
Staff Recommendation:
Staff recommends approval of this petition.
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City Council Zoning Meeting Zoning Agenda February 29, 2016
2016-021_staff_02-15-2016-final-final
2016-021 vicinity map
2016-021 rezoning map
MAYOR AND COUNCIL TOPICS
ADJOURNMENT
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