City Council Zoning Meeting
Regular MeetingCharlotte, NC · September 19, 2016
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
Monday, September 19, 2016
5:00 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 September 19, 2016
5:00 P.M. DINNER MEETING, CH-14
CALL TO ORDER
The City Council of the City of Charlotte convened for a Dinner Briefing on
Monday, September 19, 2016 at 5:10 p.m. in CH-14 of the Charlotte Mecklenburg
Government Center with Mayor Jennifer Roberts presiding.
ROLL CALL
Present: 12 - 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 Vi Lyles, Council Member
LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps,
and Council Member Kenny Smith
1. 15-3842 Meeting Agenda
This matter was For Information Only.
2. 15-3843 Dinner Meeting Agenda
This matter was For Information Only.
3. 15-3844 Follow Up Report
This matter was For Information Only.
RECESS
The meeting recessed at 5:20 p.m. to move to the Meeting Chamber for the
regularly scheduled Zoning Meeting.
5:30 P.M. ZONING MEETING, MEETING CHAMBER
CALL TO ORDER
The City Council of the City of Charlotte reconvened for a Zoning Meeting on
Monday, September 19, 2016 at 5:38 p.m. in the Meeting Chamber of the
Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts
presiding.
ROLL CALL
Present: 12 - 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 Vi Lyles, Council Member
LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps,
and Council Member Kenny Smith
INTRODUCTIONS
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City Council Zoning Meeting Zoning Minutes September 19, 2016
INVOCATION
Council member Phipps led the Invocation.
PLEDGE OF ALLEGIANCE
EXPLANATION OF A ZONING MEETING
Mayor Roberts explained the Zoning Meeting rules and procedures.
INTRODUCTION OF THE ZONING COMMITTEE
Tony Lathrop, Chairperon introduced the members of the Zoning Committee of
the Planning Commission. The Zoning Committee will meet Wednesday,
September 28, 2016 at 4:30 p.m. at the Government Center to discuss and make
recommendations on the petitoins that have public hearings tonight. The public
is welcome at that meeting but it is not a continuation of the public hearing that
is being held tonight. Before that meeting, the public is welcome to contact the
members of the Committee to provide input, contact information and information
on tonight's petitions can be found on the City's website at charlotteplanning.org.
DEFERRALS
8. 15-3861 Rezoning Petition: 2016-083 by Demeter Properties, LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Defer this Zoning Decision to October 17, 2016. The motion
carried unanimously.
16. 15-3853 Rezoning Petition: 2016-016 by Clarke Allen
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Withdraw this Rezoning Petition. The motion carried
unanimously.
17. 15-3951 Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft, LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Defer this Zoning Hearing to October 17, 2016. The motion
carried unanimously.
18. 15-3855 Rezoning Petition: 2016-087 by Haven Campus Communities
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Defer this Zoning Hearing to October 17, 2016. The motion
carried unanimously.
HISTORIC LANDMARK RESOLUTION
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City Council Zoning Meeting Zoning Minutes September 19, 2016
4. 15-3982 Biddleville Cemetery
A motion was made by Council Member Autry and seconded by Council Member
Austin to Schedule this proposed Historic Landmark for Public Hearing on
October 17, 2016. The motion carried unanimously.
5. 15-3981 Charles E. Barnhardt House
A motion was made by Council Member Kinsey and seconded by Council
Member Austin to Schedule this proposed Historic Landmark for Public Hearing
on October 17, 2016. The motion carried unanimously.
6. 15-3980 Dilworth Airplane Bungalow
A motion was made by Council Member Kinsey and seconded by Council
Member Fallon to Schedule this proposed Historic Landmark for Public Hearing
on October 17, 2016. The motion carried unanimously.
7. 15-3983 Midwood Elementary School
A motion was made by Council Member Kinsey and seconded by Council
Member Autry to Schedule this proposed Historic Landmark for Public Hearing on
October 17, 2016. The motion carried unanimously.
ZONING DECISIONS
9. 15-3845 Rezoning Petition: 2016-075 by The Drakeford Company
A motion was made by Council Member Autry and seconded by Council Member
Mayfield Not to Refer this Rezoning Petition back to Zoning Committee. The
motion carried unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Autry to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
10. 15-3846 Rezoning Petition: 2016-088 by Annointed Future Daycare
A motion was made by Council Member Autry and seconded by Council Member
Mayfield to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Autry and seconded by Council Member
Driggs to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes September 19, 2016
11. 15-3847 Rezoning Petition: 2016-092 by Charlotte-Mecklenburg Housing
Partnership, Inc.
A motion was made by Council Member Austin and seconded by Council Member
Kinsey to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Austin and seconded by Council Member
Driggs to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
12. 15-3848 Rezoning Petition: 2016-094 by The Berry Company, LLC
A motion was made by Council Member Smith and seconded by Council Member
Mayfield to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Smith and seconded by Council Member
Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
13. 15-3849 Rezoning Petition: 2016-102 by The Olde Mecklenburg Brewery, LLC
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Mayfield and seconded by Council
Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
14. 15-3850 Rezoning Petition: 2016-103 by JRE Real Estate, LLC
A motion was made by Council Member Austin and seconded by Council Member
Mayfield to Approve this Rezoning Petition. The motion carried unanimously.
A motion was made by Council Member Austin and seconded by Council Member
Mitchell to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
15. 15-3851 Rezoning Petition: 2016-105 by Charlotte-Mecklenburg Planning
Department
A motion was made by Council Member Kinsey and seconded by Council
Member Autry to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
ZONING HEARINGS
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City Council Zoning Meeting Zoning Minutes September 19, 2016
19. 15-3962 Rezoning Petition: 2016-118 by NVR Homes
A motion was made by Council Member Kinsey and seconded by Council
Member Autry to Close the Public Hearing. The motion carried unanimously.
20. 15-3953 Rezoning Petition: 2016-101 by Shining Hope Farms
A motion was made by Council Member Austin and seconded by Council Member
Kinsey to Close the Public Hearing. The motion carried unanimously.
21. 15-4001 Rezoning Petition: 2016-116 by BNA Homes
A motion was made by Council Member Lyles and seconded by Council Member
Mitchell to Close the Public Hearing. The motion carried unanimously.
22. 15-3854 Rezoning Petition: 2016-074 by McKinney Holdings NC II, LLC
A motion was made by Council Member Phipps and seconded by Council
Member Kinsey to Close the Public Hearing. The motion carried unanimously.
23. 15-3946 Rezoning Petition: 2016-053 by Brookline Residential, LLC
A motion was made by Council Member Fallon and seconded by Council
Member Mitchell to Refer the Subdivision Ordinance to Council Committee -
Transportation and Planning Committee.
No vote was taken on the motion. The topic will be revisited at the next business
meeting.
A motion was made by Council Member Austin and seconded by Council
Member Mayfield to Close the Public Hearing. The motion carried unanimously.
24. 15-3950 Rezoning Petition: 2016-089 by Derita Masonic Lodge
A motion was made by Council Member Phipps and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
25. 15-3952 Rezoning Petition: 2016-100 by MPV Properties, LLC
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
26. 15-3959 Rezoning Petition: 2016-111 by Philemon NODA Partners, LLC
A motion was made by Council Member Phipps and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
27. 15-3955 Rezoning Petition: 2016-106 by Bobby and Deborah Hogan
A motion was made by Council Member Austin and seconded by Council Member
Mitchell to Close the Public Hearing. The motion carried unanimously.
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28. 15-3956 Rezoning Petition: 2016-107 by Trevi Partners, LLC
A motion was made by Council Member Mayfield and seconded by Council
Member Austin to Close the Public Hearing. The motion carried unanimously.
29. 15-3960 Rezoning Petition: 2016-114 by Harris Doulaveris
A motion was made by Council Member Smith and seconded by Council Member
Mayfield to Close the Public Hearing. The motion carried unanimously.
30. 15-3963 Rezoning Petition: 2016-121 by Chen Development, LLC
A motion was made by Council Member Smith and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
31. 15-3958 Rezoning Petition: 2016-108 by Laurel Falls
A motion was made by Council Member Mayfield and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
32. 15-3856 Rezoning Petition: 2016-096 by City of Charlotte
A motion was made by Council Member Mitchell and seconded by Council
Member Autry to Close the Public Hearing. The motion carried unanimously.
33. 15-3954 Rezoning Petition: 2016-104 by Central Piedmont Community College
A motion was made by Council Member Mayfield and seconded by Council
Member Austin to Close the Public Hearing. The motion carried unanimously.
34. 15-3964 Rezoning Petition: 2016-122 by Foundry Commercial
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
35. 15-3965 Rezoning Petition: 2016-125 by Eclan & Associates, Inc.
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
MAYOR AND COUNCIL TOPICS
The City Council members may share information and raise topics for discussion.
ADJOURNMENT
A motion was made by Council member Autry and seconded by Council member
Lyles to Adjourn the meeting. The motion carried unanimously.
The meeting adjourned at 10:12 p.m.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, September 19, 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 September 19, 2016
5:00 P.M. DINNER MEETING, CH-14
1. Meeting Agenda
2. Dinner Meeting Agenda
1. Agenda Review - Tammie Keplinger
Dinner Agenda 9-19-16_FINAL
3. Follow Up Report
Follow-Up Report for 9-19-16 notebooklh
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City Council Zoning Meeting Zoning Agenda September 19, 2016
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
HISTORIC LANDMARK RESOLUTION
4. Biddleville Cemetery
A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City
Council on the Question of adopting an ordinance for the property known as the “Biddleville Cemetery”
(listed under Tax Parcel Number 06903561 as of September 1, 2016 and including the land associated
with Tax Parcel Number 06903561) as an Historic Landmark.
Property Owner: Society of the Minute Men
Location: Five Points Neighborhood Park Charlotte, North Carolina
Attachments:
Biddleville Cemetery Resolution
Biddleville Cemetery Cover
Biddleville Cemetery Res
Biddleville Cemetery Cover
5. Charles E. Barnhardt House
A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City
Council on the Question of adopting an ordinance for the property known as the “Charles E. Barnhardt
House” (listed under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and
exterior of the house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark.
Property Owner: Country Club Lane LLC
Location: 2733 Country Club Lane in Charlotte, North Carolina
Attachments:
Charles E. Barnhardt House Resolution
Charles E. Barnhardt House Cover
Barnhardt House Res
Barnhardt Cover
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City Council Zoning Meeting Zoning Agenda September 19, 2016
6. Dilworth Airplane Bungalow
A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City
Council on the Question of adopting an ordinance for the property known as the “Dilworth Airplane
Bungalow” (listed under Tax Parcel Number 12110209 as of September 1, 2016 and including the interior
and exterior of the house, and the land associated with Tax Parcel Number 12110209) as an Historic
Landmark.
Property Owner: Paula Pridgen
Location: 2144 Park Road in Charlotte, North Carolina
Attachments:
Dilworth Airplane Bungalow Resolution
Dilworth Airplane Bungalow Cover
Dilworth Airplane Bungalow Res
Airplane Cover
7. Midwood Elementary School
A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City
Council on the Question of adopting an ordinance for the property known as the “Midwood Elementary
School” (listed under Tax Parcel Number 09507803 as of September 1, 2016 and including the interiors
and exteriors of the buildings, and the land associated with Tax Parcel Number 09507803) as an Historic
Landmark.
Property Owner: Charlotte Mecklenburg Board of Education
Location: 1817 Central Avenue in Charlotte, North Carolina
Attachments:
Midwood Elementary School Resolution
Midwood Elementary School Cover
Midwood Elementary School Res
Midwood Elem School Cover
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City Council Zoning Meeting Zoning Agenda September 19, 2016
ZONING DECISIONS
8. Rezoning Petition: 2016-083 by Demeter Properties, LLC
Update: Defer to October 17, 2016. Due to a tie vote, the Zoning
Committee will consider this item at their September 28 work session.
Location: Approximately 15.38 acres located on the north side of David Cox Road between Harris Cove
Drive and Davis Lake Parkway. (Council District 4 - Phipps)
Current Zoning: R-9 PUD (multi-family residential, planned unit development), R-4 (single family
residential and RU (CD) (rural, conditional)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 3-3 which resulted in a tie. In accordance with the Planning Commission
Rules of Procedure, this petition is automatically “rolled over” to the next regularly scheduled meeting
where such a matter would normally occur.
2016-083_reco_08-09-2016_final
2016-083 vicinity map
2016-083 rezoning map revised2
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City Council Zoning Meeting Zoning Agenda September 19, 2016
9. Rezoning Petition: 2016-075 by The Drakeford Company
Location: Approximately 0.535 acres located on the northwest corner at the intersection of Central
Avenue and Chatham Avenue. (Council District 1 - Kinsey)
Current Zoning: B-1 (neighborhood business) and O-2 (office)
Proposed Zoning: MUDD (CD) (mixed use development, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be inconsistent with the Central District Plan, based on
information from the staff analysis and the public hearing, and because:
§ The plan recommends retail uses.
§ However, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ Residential uses, with appropriate urban design elements, are compatible with the surrounding
context and the evolving character of this portion of Central Avenue; and
§ The inclusion of a live/work unit provides an opportunity for employment and services along a
major street and within walking distance of several other businesses and residences; and
§ Traditional, auto-oriented strip retail uses, as identified by the Central District Plan, are not
desirable for future development in this transitioning area and would be less compatible with the
adjacent residential uses in the predominantly single family neighborhood; and
§ The proposed residential use also provides an appropriate transition from Central Avenue to the
established neighborhood to the north; and
§ The subject site is along a future phase of the proposed LYNX Gold Line Streetcar alignment; and
§ This site’s location within ½ mile of the Central Avenue/Plaza Midwood business district places it
within walking distance of neighborhood goods and services as well as entertainment opportunities
and
§ The site’s location on the proposed streetcar line, as well as the ½ mile walk distance to the
business district, is a basis for an increase, from 17 to 23 units per acre, over the density
calculated through the General Development Policies’ evaluation for locations for higher density
residential.
2016-75_reco_07-27-16_final
2016-075 vicinity map
2016-075 rezoning map revised
2016-75 Revised site plan 082616
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City Council Zoning Meeting Zoning Agenda September 19, 2016
10. Rezoning Petition: 2016-088 by Annointed Future Daycare
Location: Approximately 1.79 acres located on the south side of Hickory Grove Road between Craigwood
Drive and McAlpine Lane. (Council District 5 - Autry)
Current Zoning: R-3 (single family residential)
Proposed Zoning: INST (CD) (institutional, conditional) with five-year vested rights
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be inconsistent with the Eastland Area Plan, based on
information from the staff analysis and the public hearing, and because:
§ The plan recommends single family land uses.
§ However, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The site is located on Hickory Grove Road, an existing minor thoroughfare; and
§ The site is separated from abutting properties by utility lines and water quality buffers; and
§ As a result, this site is isolated and a cohesive and interconnected development that includes this
site and abutting properties is not feasible; and
§ Although the proposed institutional use is inconsistent with the residential land use recommended
by the area plan, locations for new institutional uses are not typically identified within adopted
plans; and
§ Instead, these uses are considered on a case-by-case basis, taking into account the compatibility
of the specific use with the surrounding development; and
§ In this case, the proposed daycare is separated from other properties; is located across Hickory
Grove Road from another institutional use, Hickory Grove Church of God; and is limited to 5,600
square feet and 40 feet in height, a size that is appropriate for a residential environment.
2016-88_ZC reco_08-09-16_final
2016-088 vicinity map
2016-088 rezoning map revised
2016-088_RevSitePlan_080416
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City Council Zoning Meeting Zoning Agenda September 19, 2016
11. Rezoning Petition: 2016-092 by Charlotte-Mecklenburg
Housing Partnership, Inc.
Location: Approximately 5.63 acres including 2.707 acres located on the west side of Statesville Road
between Cindy Lane and Cochrane Drive and approximately 2.925 acres located on the east side of
Meadow Knoll Drive and the north side of Cindy Lane near where Cindy Lane passes over Interstate 77.
(Council District 2 - Austin)
Current Zoning: R-4 (single family residential) and MX-1 INNOV (mixed use, innovative)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be consistent with the Northeast District Plan and
inconsistent with the General Development Policies, based on information from the staff analysis and
the public hearing, and because:
§ The proposed residential use is consistent with the Northeast District Plan;
§ However, the requested residential density of 11.66 units per acre is not supported by the General
Development Policies.
§ However, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The proposed request adds additional property to the O’Dillon Lakes residential development which
was originally approved in 2015. The proposed rezoning will be the second phase of the
development; and
§ The overall development will include up to 750 residential units. However, this rezoning will not
increase the total number of units nor will it increase traffic or impacts on schools beyond what has
already been entitled via approval of the 2015 rezoning; and
§ The petition expands the proposed O’Dillon Lakes development which will help to stabilize a once
predominantly single family owner occupied neighborhood that is transitioning to a predominantly
renter occupied /absentee owner neighborhood; and
§ The site is located within the Sunset/Beatties Ford Comprehensive Neighborhood Improvement
Program (CNIP) Area, and this development complements the planned capital investments and
supports the community enhancement goals for the area; and
§ The subject site will have access to recreation, natural area, lake, and open space areas within the
larger O’Dillon Lakes community.
2016-092_reco_07-27-2016_final (2)
2016-092 vicinity map
2016-092 rezoning map revised
2016-092_RevSitePlan_08-25-2016
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City Council Zoning Meeting Zoning Agenda September 19, 2016
12. Rezoning Petition: 2016-094 by The Berry Company, LLC
Location: Approximately 0.82 acres located on the east side of Johnston Road between
Pineville-Matthews Road and Walsh Boulevard. (Council District 6 - Smith)
Current Zoning: O-1 (office)
Proposed Zoning: MUDD-O (mixed use development, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-1 to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff agrees with the recommendation of the majority of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be inconsistent with the South District Plan, based on
information from the staff analysis and the public hearing, and because:
§ The South District Plan recommends office uses for the site.
§ However, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The subject site fronts Johnston Road with a large, multi-story parking garage on the property
adjacent and to the rear of the site; and
§ The proposed use is compatible with the surrounding uses both from a land use and design
perspective; and
§ The proposed multi-level storage building will be designed to resemble an office building and will
help screen the view of the exposed parking deck behind it; and
§ The ground floor active uses and 4,000-square foot urban open space will provide an active
streetscape along Johnston Road; and
§ The request enhances the pedestrian environment by removing back-of-curb sidewalk and
replacing it with an eight-foot sidewalk and eight-foot planting strip.
2016-094_reco_8-9-16_final
2016-094 vicinity map
2016-094 rezoning map revised
2016-094_RevSitePlan_08-22-2016
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City Council Zoning Meeting Zoning Agenda September 19, 2016
13. Rezoning Petition: 2016-102 by The Olde Mecklenburg
Brewery, LLC
Location: Approximately 9.52 acres located on the east side of South Tryon Street between Yancey Road
and East Peterson Drive. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: I-2 (TS-O) (general industrial, transit supportive, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be consistent with the Scaleybark Transit Station Area
Plan, based on information from the staff analysis and the public hearing, and because:
§ The plan recommends low to moderate intensity office, industrial and warehouse-distribution uses.
§ Therefore, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The site is located within a ½ mile walk of the Scaleybark Transit Station on the LYNX Blue Line;
and
§ However, the Scaleybark Transit Station Area Plan did not identify the area in which the site is
located as a location for transit supportive development typically found in transit station areas; and
§ Instead the plan anticipated maintenance of the office, industrial and warehouse-distribution uses
that were in place at the time of the plan development; and
§ Since the adoption of the plan, the area in which the site is located has begun to transition from
office, industrial, and warehouse-distribution uses to eating/drinking/entertainment establishments
and retail uses; and
§ The proposal will continue to use two buildings for manufacturing and office and will add a new
building for manufacturing, consistent with the area plan; and
§ The site also will be enhanced by adding a new biergarten to the existing
eating/drinking/entertainment use, which is part of the evolving entertainment district located near
the Scaleybark Station; and
§ As a result of the rezoning, the development will provide sidewalk and buffers which will improve
both safety and the pedestrian experience.
2016-102_reco_07-27-2016_final
2016-102 vicinity map
2016-102 rezoning map revised3
2016-102_rev site plan_7-21-16
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City Council Zoning Meeting Zoning Agenda September 19, 2016
14. Rezoning Petition: 2016-103 by JRE Real Estate, LLC
Location: Approximately 3 acres located on the east side of Statesville Road between Reames Road and
Metromont Parkway. (Council District 2 - Austin)
Current Zoning: I-1 (light industrial)
Proposed Zoning: I-2 (general industrial)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be consistent with the Northlake Area Plan, based on
information from the staff analysis and the public hearing, and because:
§ The plan recommends industrial/warehouse/distribution land use.
§ Therefore, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The site is in a Growth Corridor as per the Centers, Corridors, and Wedges Growth Framework; and
§ The property is surrounded by existing industrial zoning and uses allowed in the industrial districts;
and
§ The adopted plan recommends industrial future land uses for this site.
2016-103_reco_07-27-2016_final
2016-103 vicinity map
2016-103 rezoning map
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City Council Zoning Meeting Zoning Agenda September 19, 2016
15. Rezoning Petition: 2016-105 by Charlotte-Mecklenburg
Planning Department
Location: Approximately 0.08 acres located on the south side of Baxter Street between Queens Road and
Eli Street. (Council District 1 - Kinsey)
Current Zoning: R-6 (single family residential)
Proposed Zoning: R-22MF (multi-family residential)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
§ The Zoning Committee found this petition to be consistent with the Midtown, Morehead, Cherry Area
Plan, based on information from the staff analysis and the public hearing, and because:
§ The plan recommends residential uses at a density up to 22 units per acre.
§ Therefore, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
§ The subject 0.08-acre site is part of a larger 0.47-acre tax parcel; and
§ The remainder of the tax parcel is currently zoned R-22MF; and
§ Due to the small size of the subject site, it cannot be developed under the R-6 (single family
residential) zoning; and
§ The proposed rezoning will result in the entire 0.47-acre tax parcel being zoned R-22MF
(multi-family residential); and
§ With the exception of the R-6 (single family residential) zoned property directly to the west, the
subject site is surrounded by properties on Queens Road and Baxter Street zoned for multi-family
development; and
§ The request is consistent with the residential land use and density recommended by the recently
adopted area plan.
2016-105_reco_07-26-2016_final
2016-105 vicinity map
2016-105 rezoning map
City of Charlotte Page 12 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
ZONING HEARINGS
16. Rezoning Petition: 2016-016 by Clarke Allen
Update: Petitioner requesting withdrawal of this petition.
Location: Approximately 4.3 acres located on the northwest corner at the intersection of North Davidson
and East 26th Street. (Council District 1 - Kinsey)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M (transit oriented development - mixed use) & TOD-M (O) (transit oriented
development-mixed use, optional)
2016-016 rezoning map revised4
17. Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft,
LLC
Update: Petitioner requesting deferral to (October 17, 2016)
Location: Approximately 6.32 acres located on the east side of Sharon Lane between Providence Road
and Heathmoor Lane. (Council District 6 - Smith)
Current Zoning: R-3 (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
2016-097 Slip Sheet
18. Rezoning Petition: 2016-087 by Haven Campus Communities
Location: Approximately 6.83 acres located on the south side of University City Boulevard between
Suther Road and John Kirk Drive. (Council District 4 - Phipps)
Current Zoning: R-3 (single family, residential); O-1(CD) (office, conditional) & INST (institutional)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff does not recommend approval of this petition in its current form.
2016-087_Staff analysis_09-19-16_Final final
2016-087 vicinity map revised
2016-087 rezoning map revised2
2016-087_RevSitePlan_08-22-2016
Previsously Approved Cover Page
2016-87 approved site pln 1996-024
City of Charlotte Page 13 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
19. Rezoning Petition: 2016-118 by NVR Homes
Location: Approximately 2.97 acres located east of Sharon Road between Sharon Acres Road and Sharon
Hills Road. (Council District 6 - Smith)
Current Zoning: R-3 (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and
building design and requested technical revisions.
2016-118_staff_9-19-16_Final_final
2016-118 vicinity map
2016-118 rezoning map
2016-118 revised site plan_08-22-2016
20. Rezoning Petition: 2016-101 by Shining Hope Farms
Location: Approximately 34.47 acres located west of Beatties Ford Road near the intersection of Kidd
Lane and Beatties Ford Road. (Outside City Limits)
Current Zoning: R-3 (single family residential) and INST (CD) (institutional, conditional)
Proposed Zoning: INST (CD) (institutional, conditional) and INST (CD) SPA (institutional, conditional,
site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to access and
proposed use on Tract 2.
2016-101_staff_09-19-2016_final final
2016-101 vicinity map revised
2016-101 rezoning map revised2
2016-101_RevSitePlan_08-22-2016
Previsously Approved Cover Page
2016-101 Combined Previously Approved Site Plan
City of Charlotte Page 14 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
21. Rezoning Petition: 2016-116 by BNA Homes
Location: Approximately 15.87 acres located on the southeast corner at the intersection of South Tryon
Street and Beam Road. (Council District 3 - Mayfield)
Current Zoning: MX-1(mixed Use)
Proposed Zoning: MX-2 (mixed Use)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to environment,
transportation, and site and building design.
2016-116_staff 9-19-16_final final
2016-116 vicinity map
2016-116 rezoning map
2016-116 revised site plan_08-22-2016
Previsously Approved Cover Page
2016-116 Approved Site Plan 2006-149
22. Rezoning Petition: 2016-074 by McKinney Holdings NC II,
LLC
Location: Approximately 15 acres located on the east side of North Tryon Street between Sandy Avenue
and Rocky River Road. (Council District 4 - Phipps)
Current Zoning: B-2(CD) (general business, conditional)
Proposed Zoning: TOD-M (CD) (transit oriented development-mixed use, conditional)
Staff Recommendation:
Staff recommends approval of this petition.
2016-074_staff_09-19-16_final final
2016-074 vicinity map revised4
2016-074 rezoning map revised3
2016-074_revised site plan_08-22-2016
Previsously Approved Cover Page
2016-74 approved site pln 1989-041C
City of Charlotte Page 15 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
23. Rezoning Petition: 2016-053 by Brookline Residential, LLC
Location: Approximately 14.21 acres located on the west side of Reames Road between Lakeview Road
and Anston Crossing Drive. (Council District 2 - Austin)
Current Zoning: MX-1 (Innov) (mixed use, innovative)
Proposed Zoning: UR-2(CD) (urban residential, conditional) with five year vested rights
Staff Recommendation:
Staff does not recommend approval of this petition.
2016-053_staff_9-19-16_final final
2016-053 vicinity map
2016-053 rezoning map revised3
2016-053_rev site plan_08-22-2016
Previsously Approved Cover Page
2013-047 Approved Site Plan
24. Rezoning Petition: 2016-089 by Derita Masonic Lodge
Location: Approximately 4.35 acres located on the south side of DeArmon Road between Mineral Ridge
Way and Hampton Place Drive. (Council District 4 - Phipps)
Current Zoning: R-3 (single family residential)
Proposed Zoning: INST (CD) (institutional, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to infrastructure
and design, and minor technical revisions.
2016-089_staff_09-19-2016_final final
2016-089 vicinity map revised
2016-089 rezoning map revised2
2016-089 RevSitePlan 08222016 w Elevations
City of Charlotte Page 16 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
25. Rezoning Petition: 2016-100 by MPV Properties, LLC
Location: Approximately 41 acres located south of South Tryon Street near the intersection of Steele
Creek Road and Walker Branch Drive. (Council District 3 - Mayfield)
Current Zoning: R-3(CD) (single family residential, conditional) and R-17MF (CD) (multi-family
residential, conditional)
Proposed Zoning: UR-2(CD) (urban residential, conditional), with five-year vested rights
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to stream
restoration and greenway dedication.
2016-100_staff 09-19-2016 final final
2016-100 vicinity map revised
2016-100 rezoning map revised2
2016-100_RevSitePlan_08-22-2016
Previsously Approved Cover Page
2016-100 approved site plan 1992-014C
26. Rezoning Petition: 2016-111 by Philemon NODA Partners,
LLC
Location: Approximately 9.91 acres located north of North Davidson Street on the southwest corner at
the intersection of Philemon Avenue and East Craighead Road.
(Council District 1 - Kinsey)
Current Zoning: I-1 (light industrial) and UR-2(CD) (urban residential, conditional)
Proposed Zoning: TOD-M (CD) (transit oriented development-mixed use, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon of outstanding issues related to transportation cross
sections, timing of transportation improvements, open space, building entrances, setbacks, and trees.
2016-111_staff_09-19-16_final final
2016-111 vicinity map
2016-111 rezoning map revised2
2016-111_RevSitePlan_08-18-2016
Previsously Approved Cover Page
2016-111 approved site pln 2009-006
City of Charlotte Page 17 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
27. Rezoning Petition: 2016-106 by Bobby and Deborah Hogan
Location: Approximately 8.60 acres located on the east side of Statesville Road, north of Spector Drive
and Old Statesville Road. (Council District 2 - Austin)
Current Zoning: I-2(CD) (general industrial, conditional)
Proposed Zoning: I-2(CD) SPA (general industrial, conditional, site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of the minor technical items related to
sidewalks.
2016-106_staff_9-19-16_final_final
2016-106 vicinity map
2016-106 rezoning map revised2
2016-106 revised site plan_08-22-2016
Previsously Approved Cover Page
2016-106 approved site plan 2006-124
28. Rezoning Petition: 2016-107 by Trevi Partners, LLC
Location: Approximately 15.86 acres located on the southeast side of North Tryon Street between
Wednesbury Boulevard and Caprington Avenue. (Council District 4 - Phipps)
Current Zoning: CC (commercial center) and UR-C (CD) (urban residential - commercial, conditional)
Proposed Zoning: UR-C (CD) (urban residential - commercial, conditional) and UR-C (CD) SPA (urban
residential - commercial, conditional, site plan amendment), with five year vested rights.
Staff Recommendation:
Staff recommends approval of this petition upon the resubmittal of a revised site plan for the associated
administrative amendment and resolution of outstanding issues pertaining to transportation and site and
building design, and minor technical revisions.
2016-107_staff_09-19-16_final final
2016-107 vicinity map
2016-107 rezoning map revised5
2016-107 revised site plan-08-22-2016
Previsously Approved Cover Page
2016-107 approved site plan 2010-047
City of Charlotte Page 18 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
29. Rezoning Petition: 2016-114 by Harris Doulaveris
Location: Approximately 1.95 acres located on the north side of Albemarle Road between Hollirose Drive
and Circumferential Road. (Council District 5 - Autry)
Current Zoning: B-1(CD) (neighborhood business, conditional)
Proposed Zoning: B-2(CD) (general business, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to building and
parking envelopes, sidewalks, and parking.
2016-114_staff analysis_09-19-16_final_final
2016-114 vicinity map
2016-114 rezoning map
2016-114-RevSitePlan_08-17-2016
Previsously Approved Cover Page
2016-114 approved pln 2008-106
30. Rezoning Petition: 2016-121 by Chen Development, LLC
Location: Approximately 0.39 acres located on the northwest corner at the intersection of Park Road and
Montford Drive. (Council District 6 - Smith)
Current Zoning: O-2 (office)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issue related to site design and
other technical revisions.
2016-121_staff_9-19-16_final_final
2016-121 vicinity map
2016-121 rezoning map revised
2016-121 revised site plan_08-22-2016
31. Rezoning Petition: 2016-108 by Laurel Falls
Location: Approximately 0.42 acres located on the north side of West Bland Street between South Tryon
Street and Winnifred Street. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M (transit oriented development - mixed-use)
Staff Recommendation:
Staff recommends approval of this petition.
2016-108_staff_09-19-2016_final_final
2016-108 vicinity map
2016-108 rezoning map
City of Charlotte Page 19 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
32. Rezoning Petition: 2016-096 by City of Charlotte
Location: Approximately 1.52 acres located on the east side of Lawyers Road between Albemarle Road
and East W.T. Harris Boulevard. (Council District 5 - Autry)
Current Zoning: R-17MF (multi-family residential)
Proposed Zoning: O-2 (office)
Staff Recommendation:
Staff recommends approval of this petition.
2016-096_staff_09-19-16_final final
2016-096 vicinity map
2016-096 rezoning map
33. Rezoning Petition: 2016-104 by Central Piedmont Community
College
Location: Approximately18.7 acres located on the southeast corner at the intersection of West Hebron
Street and West Arrowood Road and also located at the northwest corner near the intersection of West
Hebron Street and Nations Ford Road. (Council District 3 - Mayfield)
Current Zoning: B-1(CD) (neighborhood business, conditional) (hereby known as “northern parcel”) and
INST (institutional) (hereby known as “southern parcel”)
Proposed Zoning: INST (institutional) for the northern parcel and O-1 (office) for the southern parcel
Staff Recommendation:
Staff recommends approval of this petition.
2016-104_staff_9-19-16_final final
2016-104 vicinity map
2016-104 rezoning map
34. Rezoning Petition: 2016-122 by Foundry Commercial
Location: Approximately 17.2 acres located on the north side of Ed Brown Road and the west side of
Steele Creek Road. (Council District 3 - Mayfield)
Current Zoning: R-3 (single family residential) and I-2(CD) (general industrial, conditional)
Proposed Zoning: I-1 (light industrial)
Staff Recommendation:
Staff recommends approval of this petition.
2016-122_staff_9-19-16_final_final
2016-122 vicinity map revised
2016-122 rezoning map revised
City of Charlotte Page 20 Printed on 9/16/2016
City Council Zoning Meeting Zoning Agenda September 19, 2016
35. Rezoning Petition: 2016-125 by Eclan & Associates, Inc.
Location: Approximately 1.80 acres located on the southeast corner of Tuckaseegee Road and Mulberry
Church Road. (Council District 3 - Mayfield)
Current Zoning: R-17MF (multi-family residential)
Proposed Zoning: O-1 (office)
Staff Recommendation:
Staff recommends approval of this petition.
2016-0125_staff_09-19-2016_final final
2016-125 vicinity map revised
2016-125 rezoning map revised
City of Charlotte Page 21 Printed on 9/16/2016