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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · March 20, 2017

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, March 20, 2017 5:00 PM Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - Dimple Ajmera - Al Austin Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Minutes March 20, 2017 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, March 20, 2017 at 5:12 p.m. in Room CH-14 of the Charlotte Mecklenburg Government Center with Mayor Pro Tem Vi Lyles presiding. ROLL CALL Present: 7- Council Member Dimple Ajmera, Council Member Ed Driggs, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member Vi Lyles, Council Member LaWana Mayfield, and Council Member Kenny Smith Absent: 3- Mayor Jennifer Roberts, Council Member Julie Eiselt, and Council Member Greg Phipps AUN: 2- Council Member Al Austin, and Council Member James Mitchell 1. 15-5174 Meeting Agenda This item was For Information Only 2. 15-5172 Dinner Meeting Agenda This item was For Information Only. Council members Austin and Mitchell arrived at 5:20 p.m. 3. 15-5173 Follow Up Report This item was For Information Only RECESS The meeting recessed at 5:29 p.m. to move to the Meeting Chamber for the regularly scheduled Zoning Meeting. City of Charlotte Page 1 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS CALL TO ORDER The City Council of the City of Charlotte, North Carolina reconvened for a Zoning Meeting on Monday, March 20, 2017 at 5:37 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Pro Tem Vi Lyles presiding. ROLL CALL Present: 9- Council Member Dimple Ajmera, Council Member Al Austin, Council Member Ed Driggs, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member Vi Lyles, Council Member LaWana Mayfield, Council Member James Mitchell, and Council Member Kenny Smith Absent: 2- Mayor Jennifer Roberts, and Council Member Greg Phipps AUN: 1- Council Member Julie Eiselt INTRODUCTIONS INVOCATION Mayor Pro Tem Lyles led the Invocation. PLEDGE OF ALLEGIANCE EXPLANATION OF A ZONING MEETING Mayor Pro Tem Lyles explained the Zoning meeting rules and regulations. INTRODUCTION OF THE ZONING COMMITTEE Cozzie Watkins, Vice-Chairperson of the Zoning Committee introduced the members of the Zoning Committee and said the Committee will meet on Tuesday, April 4, 2017 at 4:30 p.m. in the Government Center to discuss and make recommendations on the Petitions that have public hearings tonight. The public is welcome at that meeting, but it is not a continuation of the public hearing. Before the meeting you are welcome to contact us to provide input on the petitions and you can find our contact information and the information on each of these petitions on the City’s web site at charlotteplanning.org. DEFERRALS 4. 15-5154 Charles E. Barnhardt House A motion was made by Council Member Mitchell and seconded by Council Member Kinsey to Defer the decision on this Historic Landmark to May 15, 2017. The motion carried unanimously. City of Charlotte Page 2 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 5. 15-5155 Rezoning Petition: 2016-134 by CapRock, LLC A motion was made by Council Member Mitchell and seconded by Council Member Kinsey to Defer this Zoning Decision to April 17, 2017. The motion carried unanimously. 6. 15-5157 Rezoning Petition: 2017-017 by NODA Terrace, LLC A motion was made by Council Member Mitchell and seconded by Council Member Kinsey to Defer this Zoning Decision to April 17, 2017. The motion carried unanimously. 21. 15-5184 Rezoning Petition: 2017-021 by RED Partners A motion was made by Council Member Mitchell and seconded by Council Member Kinsey to Defer this Zoning Hearing to April 17, 2017. The motion carried unanimously. ZONING DECISIONS 7. 15-5159 Rezoning Petition: 2014-053 by Charlotte-Mecklenburg Planning Department A motion was made by Council Member Mitchell and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Mitchell to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 8. 15-5160 Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft, LLC A motion was made by Council Member Smith and seconded by Council Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Kinsey to Deny this Rezoning Petition, as modified. The motion failed by the following vote: Yea: 5- Council Member Ajmera, Council Member Austin, Council Member Kinsey, Council Member Lyles, and Council Member Smith Nay: 4- Council Member Driggs, Council Member Fallon, Council Member Mayfield, and Council Member Mitchell A motion was made by Council Member Smith and seconded by Council Member Mayfield to Defer this Zoning Decision to March 27, 2017. The motion carried unanimously. City of Charlotte Page 3 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 9. 15-5162 Rezoning Petition: 2016-123 by Harbor Baptist Church A motion was made by Council Member Ajmera and seconded by Council Member Mitchell to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Mitchell to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 10. 15-5164 Rezoning Petition: 2016-124 by Chris Ogunrinde A motion was made by Council Member Mayfield and seconded by Council Member Kinsey to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 11. 15-5165 Rezoning Petition: 2016-146 by Barringer Capital, LLC A motion was made by Council Member Mayfield and seconded by Council Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee. The motion carried unanimously. 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. 12. 15-5166 Rezoning Petition: 2017-018 by Robert Puckett and Steven Mozeley A motion was made by Council Member Austin and seconded by Council Member Driggs 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. 13. 15-5167 Rezoning Petition: 2017-022 by Shayna Jerrell A motion was made by Council Member Mitchell and seconded by Council Member Kinsey to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mitchell and seconded by Council Member Austin to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. City of Charlotte Page 4 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 14. 15-5168 Rezoning Petition: 2017-024 by Mosaic Development Group A motion was made by Council Member Kinsey and seconded by Council Member Fallon to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 15. 15-5169 Rezoning Petition: 2017-027 by Charlotte-Mecklenburg Housing Partnership A motion was made by Council Member Austin and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Austin to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. by the following vote: 16. 15-5170 Rezoning Petition: 2017-028 by TAG Ventures, LLC A motion was made by Council Member Mitchell and seconded by Council Member Fallon to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Driggs and seconded by Council Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. ZONING HEARINGS 17. 15-5177 Rezoning Petition: 2016-077 by Innkeeper Motor Lodge, Inc. The following speaker(s) addressed City Council regarding this Rezoning Petition: Walter Fields Kevin Farrow Gail Crawford Laurie Wiggs Cheryl Brown Victoria Prince Michael Butera Elizabeth Cox A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 5 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 18. 15-5178 Rezoning Petition: 2016-150 by CW Development The following speaker(s) addressed City Council regarding this Rezoning Petition: Keith MacVean Kevin Chapman A motion was made by Council Member Kinsey and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 19. 15-5181 Rezoning Petition: 2017-016 by Selwyn Property Group The following speaker(s) addressed City Council regarding this Rezoning Petition: Jeff Brown James Scanlon Jensie Teague Sue DuChanois David Morris A motion was made by Council Member Mitchell and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 20. 15-5179 Rezoning Petition: 2017-002 by James Miller and Trang T. Miller The following speaker(s) addressed City Council regarding this Rezoning Petition: Trang Miller A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 22. 15-5185 Rezoning Petition: 2017-026 by Belk Gambrell Enterprises, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: Bridget Grant Chris Thomas A motion was made by Council Member Smith and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 6 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 23. 15-5180 Rezoning Petition: 2017-015 by Manna Capital, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: Keith MacVean A motion was made by Council Member Smith and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. 24. 15-5175 Rezoning Petition: 2016-076 by The Drakeford Company The following speaker(s) addressed City Council regarding this Rezoning Petition: Anthony Fox Nick Bushon A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. Council member Eiselt arrived at 8:08 p.m. ROLL CALL Present: 10 - Council Member Dimple Ajmera, Council Member Al Austin, 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, and Council Member Kenny Smith Absent: 2- Mayor Jennifer Roberts, and Council Member Greg Phipps 25. 15-5188 Rezoning Petition: 2017-031 by Lat Purser & Associates There were no speakers for this Rezoning Petition. A motion was made by Council Member Kinsey and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 26. 15-5182 Rezoning Petition: 2017-019 by Steele-Trojan Properties, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: Jeff Brown Muhsin Muhammad Melissa Morris Tim Hines Nanci De Felippe A motion was made by Council Member Mayfield and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 7 Printed on 3/21/2017 City Council Zoning Meeting Zoning Minutes March 20, 2017 27. 15-5186 Rezoning Petition: 2017-029 by DC Property, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: John Carmichael A motion was made by Council Member Mayfield and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. b 28. 15-5187 Rezoning Petition: 2017-030 by DC Property, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: John Carmichael A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 29. 15-5189 Rezoning Petition: 2017-032 by Alliance Residential Company The following speaker(s) addressed City Council regarding this Rezoning Petition: Colin Brown A motion was made by Council Member Mayfield and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 30. 15-5192 Rezoning Petition: 2017-034 by Saussy Burbank, LLC The following speaker(s) addressed City Council regarding this Rezoning Petition: Colin Brown 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 Kinsey and seconded by Council Member Mayfield to Adjourn the meeting. The motion carried unanimously. The meeting adjourned at 8:55 p.m. City of Charlotte Page 8 Printed on 3/21/2017

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, March 20, 2017 Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - Dimple Ajmera - Al Austin Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Agenda March 20, 2017 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Tammie Keplinger Council Dinner Agenda DRAFT-TK 3. Follow Up Report Follow-Up Report for 3-20-17 meeting revfinal City of Charlotte Page 2 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS HISTORIC LANDMARK DECISION 4. Charles E. Barnhardt House Update: Requesting Deferral to (May 17, 2017) A decision to be made by the City Council on the Question of designating the property known as the “Charles E. Barnhardt House” (listed under Tax Parcel Number 09504315 as of September 1, 2016) as an Historic Landmark. Property Owner: Country Club Lane LLC Location: 2733 Country Club Lane in Charlotte, North Carolina City of Charlotte Page 3 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 ZONING DECISIONS 5. Rezoning Petition: 2016-134 by CapRock, LLC Update: Requesting deferral to (April 17, 2017) Location: Approximately 5.81 acres located on the north side of Joy Street between Ashley Road and Wilson Avenue. (Council District 3 - Mayfield) Current Zoning: B-1(neighborhood business) and R-12MF (multi-family, residential) Proposed Zoning: UR-2(CD) (urban residential, conditional), five-year vested rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition until the April 4, 2017 Zoning Committee Work Session. 2016-134_reco_03-01-2017 final 2016-134 vicinity map 2016-134 rezoning map revised2 6. Rezoning Petition: 2017-017 by NODA Terrace, LLC Update: Requesting deferral to (April 17, 2017) Location: Approximately 0.23 acres located on the southeast corner of the intersection of North Davidson Street and East 37th Street. (Council District 1 - Kinsey) Current Zoning: UR-3(CD) (urban residential, conditional) Proposed Zoning: UR-3(CD) SPA (urban residential, conditional, site plan amendment) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition until the April 4, 2017 Zoning Committee Work Session. 2017-17_ZC Reco_03-02-017 final 2017-017 vicinity map 2017-017 rezoning map City of Charlotte Page 4 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 7. Rezoning Petition: 2014-053 by Charlotte-Mecklenburg Planning Department Summary of Petition: The petition proposes to: 1) modify the name of mobile food vending service; 2) allow the use in additional zoning districts, with prescribed conditions, as either a principal or accessory use; and 3) modify the prescribed conditions for mobile food vending. Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Centers, Corridors and Wedges Growth Framework goals, based on information from the staff analysis and the public hearing, and because: § The amendment expands the employment base and broadens the economy to include emerging industries; § The mobile food vending regulations protect existing neighborhoods; § The use and regulations create walkable places that are vibrant and have a variety of activities. § 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 proposed text amendment: § Balances the mobile food vending industry interests with the community interests; and § Expands the zoning districts where mobile food vendors can locate allowing new mobile food vending opportunities for vendors and customers; and § Reduces the separation distances required to residential uses by building upon the separation distances established for similar uses such as eating/drinking/entertainment establishments; and § Expands the initial permit validity period to 365 consecutive days, thereby reducing the number of permits or permit extensions required per year on each site; and § Adds new provisions allowing the gathering of four or more mobile food vendors (also known as rallies) on sites, allowing mobile food vending organizers to plan social events which add to the vibrancy of the area, and to create walkable places; and § Adds new provisions allowing mobile food vending special events in residential and institutional districts as an accessory use on non-residential lots, and to allow such uses as schools and religious institutions the opportunity to host mobile food vending events on their site; and § Modifies the parking requirements to provide additional parking for customers, thereby reducing the parking impacts on surrounding areas. 2014-053_reco_3-1-17 final 2014-053 matrix revision 3 2014-53 amendment rev 42 City of Charlotte Page 5 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 8. Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft, LLC 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) 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 consistent with the South District Plan, based in information from the staff analysis and the public hearing, and because: § The plan recommends residential land use; and § The proposed density increase over three units per acre is supported by the criteria in the plan. § 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 site is located adjacent to the Cotswold Mixed Use Activity Center and abuts a large institutional land use (St. Gabriel Catholic Church); and § The proposed development provides a transition between the institutional use and the adjacent established single family residential development located north and west of the site; and § The site plan is limited to a maximum of 24 duplex (single family attached) dwelling units in up to 12 buildings at a density of 3.8 units per acre; and § The proposed density is supported by the General Development Policies, which indicate a potential for a density up to 12 dwelling units per acre; and § The proposal meets the criteria described in the district plan for an increase in density from three to four units per acre. The proposal meets these criteria as follows: § Location: The site is within ½ mile of the Cotswold Mixed Use Activity Center, which includes a concentration of retail and office development. § Water and Sewer: Charlotte Water will serve the subject site with water and sewer. § Open space: The duplex units are clustered in order to provide a “central green.” In addition, a tree save area is provided along the Sharon Lane frontage. § Streetscape Amenities: The proposal provides a 24-foot planting strip (extra width for a future bike lane) and a six-foot sidewalk along Sharon Lane. The project also provides an internal private street with sidewalks and a minimum of six, on-street, visitor parking spaces; and § Compatibility: The proposed development includes a number of elements to make the new housing compatible with the existing neighborhood along Sharon Lane. These include large setbacks consistent with the established setback on Sharon Lane; a 40-foot rear yard abutting the single family development to the west; and building and architectural commitments, including elevations and height limitations, which result in structures which resemble large single family homes. City of Charlotte Page 6 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 2016-097_reco_3-1-17_final 2016-097 vicinity map revised 2016-097 rezoning map revised_labels 2016-097_RevSitePlan_3-10-2017 9. Rezoning Petition: 2016-123 by Harbor Baptist Church Location: Approximately 9.81 acres located on the east side of Reedy Creek Road and Interstate 485 at the end of Saddlehorse Lane near the intersection of Gelding Drive and Saddlehorse Lane. (Outside City Limits) Current Zoning: R-3 (single family residential) Proposed Zoning: INST (CD) (institutional, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff disagrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be inconsistent with the Rocky River Road Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends residential uses up to 12 units per acre; however, area plans typically do not designate all locations for institutional uses. The proposed site plan is also inconsistent with the area plan’s recommendation to extend Saddlehorse Lane to Reedy Creek Road. § 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 institutional use is not generally inconsistent with the area plan; and § There are two existing entrances to the abutting neighborhood from Harrisburg Road and Robinson Church Road; and § The creation of a public multi-use walking path is within the public interest. 2016-123_Reco_01-04-17_final 2016-123 vicinity map2 2016-123 rezoning map revised2 2016-123 Revised Site Plan City of Charlotte Page 7 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 10. Rezoning Petition: 2016-124 by Chris Ogunrinde Location: Approximately 1.50 acres located on the northwest corner at the intersection of Freedom Drive and Wesley Village Road. (Council District 3 - Mayfield) Current Zoning: MUDD-O (mixed use development, optional) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) 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 consistent with the Bryant Park Land Use & Streetscape Plan; however, inconsistent with the specific limitation from the previously approved conditional plan for building size and height because: § The plan recommends a mix of residential, office, and/or retail uses; and § The proposal increases the building height from 65 feet to 90 feet and the maximum building size from 20,000 square feet to 76,000 square feet. § 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 was part of a larger development plan, rezoned under petition 2007-068, which was consistent with the Bryant Park Land Use & Streetscape Plan. The 2007 rezoning reserved the subject site for 20,000 square feet of retail and/or office use with a maximum building height of 65 feet served by surface parking; and § The proposed rezoning will amend the entitlements for this challenging site. With utilities remaining in the former Thrift Road right-of-way on the western side of the property, the proposed site plan places surface parking in this area where buildings are not feasible; and § The site is appropriate for the proposed mid-rise, mixed use building due to its urban location along a major thoroughfare; and § Additionally, the site is approximately 300 feet from the nearby single family homes in the Wesley Heights neighborhood and separated by the buffer created by Stewart Creek and the Stewart Creek Greenway; and § The proposed building will provide a visual anchor for the emerging FreeMoreWest area. 2016-124_reco_3-1-17 final 2016-124 vicinity map 2016-124 rezoning map revised3 2016-124_RevSitePlanZC_02-23-2017 City of Charlotte Page 8 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 11. Rezoning Petition: 2016-146 by Barringer Capital, LLC Location: Approximately 0.74 acres located on the north side of West Tremont Avenue between South Tryon Street and Hawkins Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-RO (transit oriented development-residential, optional) Zoning Committee Recommendation: The Zoning Committee voted 6-1 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 consistent with the South End Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends mixed-use transit supportive development for the area in which the site is located. § 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 site is within a 1/4 mile walk of the East/West Boulevard Transit Station on the LYNX Blue Line; and § The proposal allows a site previously used for industrial/office purposes to be redeveloped with a residential transit supportive project; and § The site plan supports increased connectivity by providing a new north/south street between Tremont Avenue and the site’s northern boundary; and § The proposal supports pedestrian and streetscape design by placing usable open space near the front of the site with units designed to front along West Tremont Avenue; and § This petition will help support the transition of the area to a more walkable transit district. 2016-146_reco_03-01-2017 final 2016-146 vicinity map 2016-146 rezoning map 2016-146_RevSitePlanZC_02-23-2017 City of Charlotte Page 9 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 12. Rezoning Petition: 2017-018 by Robert Puckett and Steven Mozeley Location: Approximately 5.96 acres located on the northwest quadrant of the intersection of Old Plank Road and Brookshire Boulevard. (Council District 2 - Austin) Current Zoning: R-3 (LWPA) (single family, Lake Wylie Protected Area) and O-1(CD) (LWPA) (office, conditional, Lake Wylie Protected Area) Proposed Zoning: BD (CD) (LWPA) (distributive business, conditional, Lake Wylie Protected Area) with five-year vested rights Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Northwest District Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends office and residential uses for this 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 property is located at the intersection of Brookshire Boulevard and Plank Road, and the majority of the site is currently zoned for office use; and § The properties to the north and south of the site are zoned predominately for non-residential uses; and § A low impact commercial use, such as self-storage, is appropriate for this site because: a) The site plan associated with the proposed development visually buffers the site from Brookshire Boulevard and the residential properties located on the eastern side of the highway through the use of a fence with screening shrubs. This treatment is in addition to the preservation of the trees within the right-of-way along the Brookshire Boulevard frontage; b) Along the western side of the property, a creek along with a 57-foot buffer will provide protection for the adjacent single family properties; and c) The proposed buildings fronting on Old Plank Road are designed to look like office buildings, with windows, changes in materials and architectural features to break up building walls. These buildings will screen the more traditional storage buildings. 2017-018_reco_03-01-2017 final 2017-018 vicinity map 2017-018 rezoning map 2017-018_RevSitePlanZC_02-23-2017 City of Charlotte Page 10 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 13. Rezoning Petition: 2017-022 by Shayna Jerrell Summary of Petition: The petition proposes to modify the definition of outdoor recreational uses regarding street frontage requirements for temporary structures. Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Centers, Corridors and Wedges Growth Framework policy guidance, based on information from the staff analysis and the public hearing, and because: § The amendment protects existing neighborhoods. § 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 existing definition for outdoor recreational uses currently limits temporary enclosures for swimming pools to: 1) six months in a calendar year, 2) no more than 30 feet in height, and 3) frontage on a thoroughfare; § Eliminates the requirement that the lot on which the enclosure is located must front on a thoroughfare; and § Allows neighborhood swim clubs that may not be located on a major or minor thoroughfare to operate in colder weather with a temporary enclosure; and § Will not negatively impact residential neighborhoods because the prescribed conditions for outdoor recreational uses that abut a residential area require a 100-foot separation distance and a “Class C” buffer to mitigate any negative impacts on abutting properties. 2017-022_reco_3-3-17 final 2017-022 matrix 2017-022 amendment City of Charlotte Page 11 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 14. Rezoning Petition: 2017-024 by Mosaic Development Group Location: Approximately 3.68 acres located on the west side of Bingham Drive between North Tryon Street and Curtiswood Drive. (Council District 1 - Kinsey) Current Zoning: UR-2(CD) (urban residential, conditional) Proposed Zoning: UR-2(CD) SPA (urban residential, conditional, site plan amendment) with five year-vested rights Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Blue Line Extension Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends office and 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: § Although the proposed residential use is inconsistent with the plan recommendation for office and retail, the subject property is currently zoned for residential development; and § Development on this site will provide a transition between the commercial uses along North Tryon Street and the lower density residential development to the south of the site; and § The primary building on the site is designed to be compatible with the abutting residential, with a height limit of three stories and 50 feet, consistent with the area plan’s height recommendation. The development is also separated from the abutting residential by a creek; and § The petition proposes to redevelop a vacant infill site, thereby minimizing environmental impacts while accommodating growth; and § The proposed development will support future area connectivity by providing a public street connection to abutting property located to the west of the site. 2017 24_ZC_Reco_030117_final 2017-024 vicinity map 2017-024 rezoning map revised 2017-024_RevSitePlanZC_02-23-2017 City of Charlotte Page 12 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 15. Rezoning Petition: 2017-027 by Charlotte-Mecklenburg Housing Partnership Location: Approximately 3.804 acres located on the west side of Statesville Avenue between Newland Road and Moss Lane. (Council District 2 - Austin) Current Zoning: R-22MF (multi-family residential) and UR-2(CD) (urban residential, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) and NS (neighborhood services) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL if 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 and consistent with the Central District Plan and the General Development Policies, based on information from the staff analysis and the public hearing, and because: § The plan recommends multi-family dwellings for the portion of the site proposed to be rezoned to allow retail uses; and § The plan recommends residential dwelling units for the portion of the site for which seven residential dwelling units are proposed; and § The General Development Policies support a residential density of 12.15 units per acre. § However, this petition was found to be reasonable and in the public interest, based on the information from the staff analysis and the public hearing, and because: § This petition is part of Brightwalk, which is a new urban neighborhood located off of Statesville Avenue; and § The proposed rezoning will amend the entitlements for the site, replacing 75 age-restricted multi-family dwellings and 37 multi-family units with seven residential dwellings and 20,000 square feet of non-residential uses; and § Although the proposed nonresidential uses are inconsistent with the area plan recommendation for multi-family dwellings, the area within Brightwalk which was previously rezoned for non-residential development has subsequently been developed with residential uses; and § The proposed retail component will provide walkable, neighborhood oriented commercial uses for Brightwalk; and § The rezoning also accommodates the future realignment of Newland Road and Norris Avenue, which would improve connectivity in the community. 2017 27_ZC_Reco_03-01-17 final 2017-027 vicinity map 2017-027 rezoning map revised 2017-027_RevSitePlanZC_02-23-2017 City of Charlotte Page 13 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 16. Rezoning Petition: 2017-028 by TAG Ventures, LLC Location: Approximately 0.77 acres on the southeast corner at the intersection of Ridge Road and Brice Knoll Lane. (Council District 4 - Phipps) Current Zoning: CC (commercial center) Proposed Zoning: NS (neighborhood services) 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 consistent and inconsistent with the Prosperity Hucks Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends a mix of uses including retail/service, office, and institutional uses for the area in which this site is located; and § The proposed drive-through facilities are inconsistent with the plan recommendation for no additional drive-through facilities at this location. § 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: § This property is located in the Prosperity Village Area which is intended to be a walkable, mixed-use activity center; and § The area plan does not support an additional drive-through facility at this location because, typically, a drive-through use would not support pedestrian activity; and § However, in this case the proposed building has been designed to be pedestrian oriented and minimize the impact of the accessory drive-through by: a) Placing the use with a drive-through in a multi-tenant building; b) Providing a canopy for the drive-through area to give the appearance of extending the building along the street; c) Committing to a screen wall on Ridge Road to separate the sidewalk from the vehicular area; and d) Placing the building at the back of sidewalk and prohibiting maneuvering between the building and street; and § As designed, the proposed retail development will provide neighborhood services for nearby residents. 2017-028_reco_03-01-2017 final 2017-028 vicinity map 2017-028 rezoning map revised 2 2017-028_RevSitePlanZC_02-23-2017 City of Charlotte Page 14 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 ZONING HEARINGS 17. Rezoning Petition: 2016-077 by Innkeeper Motor Lodge, Inc. Location: Approximately 5.52 acres located south of Interstate 485, near the intersection of WT Harris Boulevard, Treyburn Drive and Interstate 485. (Council District 2 - Austin) Current Zoning: B-1(CD) (neighborhood business, conditional) Proposed Zoning: B-2(CD) (general business, conditional) Staff Recommendation: Staff does not recommend approval of this petition. 2016-077_staff_03-20-2017_final final final 2016-077 vicinity map 2016-077 rezoning map 2016-077_RevSitePlan_02-21-2017 Previsously Approved Cover Page 2016-077 previously approved plan 1993-024C approved site plan 18. Rezoning Petition: 2016-150 by CW Development Location: Approximately 4.13 acres located on the west side of Old Providence Road near the intersection of Old Providence Road and Old Providence Lane. (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, transportation and other minor requested technical revisions. 2016-150_staff_3-20-17 final-final 2016-150 vicinity map 2016-150 rezoning map 2016-150_RevSitePlan_11-21-2016 City of Charlotte Page 15 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 19. Rezoning Petition: 2017-016 by Selwyn Property Group Location: Approximately 13.18 acres located on the west side of East Independence Boulevard generally surrounded by Monroe Road, Idlewild Road, Independence Boulevard and Long Avenue. (Council District 5 - Ajmera) Current Zoning: R-4 (single family residential), O-1 and O-2 (office), B-1(CD) (neighborhood business, conditional) and B-2 (general business) Proposed Zoning: MUDD-O (mixed use development, optional) and NS (neighborhood services) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, the environment, and site and building design. 2017-16_Staff analysis_03-20-17 final final 2017-016 vicinity map 2017-016 rezoning map revised 3 2017-016_RevSitePlan_02-21-2017 20. Rezoning Petition: 2017-002 by James Miller and Trang T. Miller Location: Approximately 0.39 acres located on the southwest corner at the intersection of Monroe Road and Ross Moore Avenue. (Council District 5 - Ajmera) Current Zoning: 0-2 (office) Proposed Zoning: B-1(CD) (neighborhood business, conditional), five-year vested rights Staff Recommendation: Staff recommends approval of the petition upon resolution of outstanding issues related to transportation, site and building design, environment, and minor technical revisions. 2017-02_Staff analysis_03-20-17 final final 2017-002 vicinity map 2017-002 rezoning map 2017-002_RevSitePlan_02-21-2017 21. Rezoning Petition: 2017-021 by RED Partners Update: Staff requesting deferral (to April 17, 2017) Location: Approximately 7 acres north of Little Avenue on the west side of Carmel Road. (Council District 6 - Smith) Current Zoning: O-1 (office) Proposed Zoning: MUDD-O (mixed use development, optional) with 5-year vested rights 2017-021 Slip Sheet City of Charlotte Page 16 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 22. Rezoning Petition: 2017-026 by Belk Gambrell Enterprises, LLC Location: Approximately 1.19 acres located on the north side of Fairview Road between Park Road and Wintercrest Lane. (Council District 6 - Smith) Current Zoning: UR-C (CD) (urban residential - commercial, conditional) Proposed Zoning: UR-C (CD) SPA (urban residential - commercial, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to setback, right-of-way, and driveway location. 2017-026_staff_2-20-17_final final 2017-026 vicinity map 2017-026 rezoning map revised 2017-026_RevSitePlan_01-23-2017 Previsously Approved Cover Page 2017-026_approvedplan_2007-053 23. Rezoning Petition: 2017-015 by Manna Capital, LLC Location: Approximately 1.07 acres located on the north side of Rexford Road near the intersection of Roxborough Road and Rexford Road. (Council District 6 - Smith) Current Zoning: O-15(CD) (office, conditional) Proposed Zoning: MUDD (CD) (mixed use development, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of the technical issues related to site and building design. 2017-015_staff_3-20-17_final_final 2017-015 vicinity map 2017-015 rezoning map 2017-015_RevSitePlan_02-21-2017 Previsously Approved Cover Page 2017-015_approved plan 1977-011 City of Charlotte Page 17 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 24. Rezoning Petition: 2016-076 by The Drakeford Company Location: Approximately 1.35 acres located on the southwest corner of the intersection of Holt Street and East 36th Street. (Council District 1 - Kinsey) Current Zoning: UR-2(CD) (urban residential, conditional) Proposed Zoning: UR-2(CD) TS (urban residential, conditional, transit supportive overlay) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, and site and building design. 2016-76_staff analysis_03-20-17_final final final 2016-076 vicinity map 2016-076 rezoning map revised 2016-076_RevSitePlan_02-21-2017 25. Rezoning Petition: 2017-031 by Lat Purser & Associates Location: Approximately 1.146 acres located on the southeast corner at the intersection of North Davidson Street and East 24th Street. (Council District 1 - Kinsey) Current Zoning: I-1 (light industrial) Proposed Zoning: TOD-M (O) (transit oriented development - mixed use, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, land use, site design and layout. 2017-31_staff analysis_03-20-17_final_final 2017-031 vicinity map 2017-031 rezoning map revised 2 2017-031_RevSitePlan_02-21-2017 City of Charlotte Page 18 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 26. Rezoning Petition: 2017-019 by Steele-Trojan Properties, LLC Location: Approximately 15.481 acres northwest of Steele Creek Road and east of Outlets Boulevard along Trojan Drive. (Outside City Limit and Council District 3 - Mayfield) Current Zoning: R-3(LLWPA) (single family residential, Lower Lake Wylie Protected Area) and CC (commercial center, Lower Lake Wylie protected area) Proposed Zoning: O-2(CD) LLWPA (office, conditional, Lower Lake Wylie Protected Area) and NS LLWPA (neighborhood services, Lower Lake Wylie Protected Area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, design, and environmental issues. 2017-019_staff_3-20-17_final final 2017-019 vicinity map revised 2017-019 rezoning map revised 2 2017-019_RevSitePlan_02-21-2017 Previsously Approved Cover Page 2017-019 Approved Site Plan_2013-001 27. Rezoning Petition: 2017-029 by DC Property, LLC Location: Approximately 7.713 acres located east of Toddville Road between Brooktree Drive and CSX Way. (Council District 3 - Mayfield) Current Zoning: I-2(CD) LLWPA (general industrial, conditional, Lower Lake Wylie Protected Area) Proposed Zoning: I-2(CD) SPA LLWPA (general industrial, conditional, site plan amendment, Lower Lake Wylie Protected Area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environmental concerns. 2017-029_staff_3-20-17_final final 2017-029 vicinity map 2017-029 rezoning map revised 2017-029_RevSitePlan_02-21-2017 Previsously Approved Cover Page 2017-029 approved site plan_1994-077 City of Charlotte Page 19 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 28. Rezoning Petition: 2017-030 by DC Property, LLC Location: Approximately 7.972 acres at the end of Tar Heel Road between Brooktree Drive and Bond Street and east of Toddville Road. (Council District 3 - Mayfield) Current Zoning: I-2(CD) LLWPA (general industrial, conditional, Lower Lake Wylie Protected Area) Proposed Zoning: I-2(CD) SPA LLWPA (general industrial, conditional, site plan amendment, Lower Lake Wylie Protected Area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and buffers. 2017-030_staff_3-20-17_final final 2017-030 vicinity map 2017-030 rezoning map revised 2017-030_RevSitePlan_02-21-2017 Previsously Approved Cover Page 2017-030 approved site plan_1994-077 - Copy 29. Rezoning Petition: 2017-032 by Alliance Residential Company Location: Approximately 10.04 acres at the northwest corner at the intersection of Wilkinson Boulevard and Suttle Avenue. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: MUDD-O (mixed use development, optional), five year vested rights Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and urban design. 2017-032_staff_3-20-17_final final 2017-032 vicinity map 2017-032 rezoning map 2017-032_RevSitePlan_02-21-2017 City of Charlotte Page 20 Printed on 3/16/2017 City Council Zoning Meeting Zoning Agenda March 20, 2017 30. Rezoning Petition: 2017-034 by Saussy Burbank, LLC Location: Approximately 1.6 acres located on the west side of Suttle Avenue between Wilkinson Boulevard and Isom Street. (Council District 3 - Mayfield) Current Zoning: O-1 (office) Proposed Zoning: MUDD (CD) (mixed use development, conditional), five-year vested rights Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, and site and building design issues. 2017-034_staff_3-20-17_final_final 2017-034 vicinity map 2017-034 rezoning map revised 2017-034_RevSitePlan_02-21-2017 City of Charlotte Page 21 Printed on 3/16/2017