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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · July 17, 2017

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, July 17, 2017 5:30 PM Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - - Dimple Ajmera - Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Minutes July 17, 2017 3:30 P.M. SPECIAL MEETING, CH-14 CALL TO ORDER This City Council of the City of Charlotte, North Carolina convened for a Special Meeting on Monday, July 17, 2017 at 3:38 p.m. in CH-14 of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, 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 Greg Phipps, and Council Member Kenny Smith Absent: 1- Council Member James Mitchell CLOSED SESSION A motion was made by Council Member Driggs and seconded by Council Member Eiselt to Go into Closed Session pursuant to GS 143-318.11 (a) (3) to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to the attorneys concerning the handling or settlement of: - City of Charlotrte v. RI Charlotte Property, LP - 13 CVS 10769; - BMP v. Neighboring Concepts and City of Charlotte v. Western Surety - 16 CVS 7648; - Matthew Formanek v. City of Charlotte - 14 CVS 2306; - Crystal Eschert v. City of Charlotte - 3:16-CV-295; and, Timothy Scott Bridges v City of Charlotte et al. - 3:16-CV-564. The motion carried unanimously. RECESS The meeting recessed at 3:39 p.m. to go into closed session in CH-14. The meeting recessed at 5:09 p.m. to begin the regularly scheduled Dinner Briefing. 5:00 P.M. DINNER MEETING, CH-14 CALL TO ORDER This City Council of the City of Charlotte, North Carolina reconvened for a Dinner Briefing on Monday, July 17, 2017 at 5:22 p.m. in CH-14 of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, 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 Greg Phipps, and Council Member Kenny Smith Absent: 1- Council Member James Mitchell 1. 15-6112 Meeting Agenda This item was For Information Only. City of Charlotte Page 1 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 2. 15-6111 Dinner Meeting Agenda This item was For Information Only. 3. 15-6113 Follow Up Report This item was For Information Only. RECESS The meeting recessed at 5:35 p.m. to move to the Meeting Chamber for the regularly scheduled Zoning Meeting. 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS CALL TO ORDER This City Council of the City of Charlotte, North Carolina reconvened for a Zoning Meeting on Monday, July 17, 2017 at 5:45 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, 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 Greg Phipps, and Council Member Kenny Smith AUN: 1- Council Member James Mitchell INTRODUCTIONS INVOCATION Council member Kinsey led the Invocation. PLEDGE OF ALLEGIANCE EXPLANATION OF A ZONING MEETING Mayor Roberts explained the rules and procedures of the Zoning Meeting. INTRODUCTION OF THE ZONING COMMITTEE John Fryday, Chairperson of the Zoning Committee, introduced members of the Zoning Committee and said the Committee will meet Tuesday, August 1, 2017 at 5:30 p.m. at the Government Center. At that meeting the Zoning Committee will make recommendations on the Zoning Petitions that have public hearings tonight. The public is welcome to come to the Committee meeting on June 29, 2017, but it is not a continuation of the public hearing being held tonight. Before the meeting the public is welcome to contact the Zoning Committee to provide input on these zoning petitions. Contact information and information on each of the petitions is on the City’s website at charlotteplanning.org. City of Charlotte Page 2 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 HISTORIC LANDMARK DECISION 4. 15-6000 The Red Front Department Store A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Approve this Historic Landmark. The motion carried unanimously. DEFERRALS 5. 15-6007 Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the decision on this Rezoning Petition to September 18, 2017. The motion carried unanimously. 6. 15-6059 Rezoning Petition: 2017-058 by The Keith Corporation A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the decision on this Rezoning Petition to September 18, 2017. The motion carried unanimously. 9. 15-5921 Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the decision on this Rezoning Petition to September 18, 2017. The motion carried unanimously. 10. 15-6043 Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the decision on this Rezoning Petition to October 16, 2017. The motion carried unanimously. A motion was made and seconded by Council Member Ajmera to schedule this Rezoning Petition for a New Public Hearing on September 18, 2017. The motion carried unanimously. 23. 15-5961 Rezoning Petition: 2017-059 by Saturday Night LLC A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the hearing on this Rezoning Petition to September 18, 2017. The motion carried unanimously. 27. 15-6061 Rezoning Petition: 2017-070 by Saussy Burbank, LLC A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Defer the hearing on this Rezoning Petition to September 18, 2017. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Schedule this Rezoning Petition for a decision at the September 25, 2017 Business meeting. The motion carried unanimously. City of Charlotte Page 3 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 ZONING DECISIONS 7. 15-6090 Rezoning Petition: 2017-034 by Saussy Burbank, LLC A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 8. 15-5990 Rezoning Petition: 2017-038 by Childress Klein Properties, Inc. A motion was made by Council Member Mayfield and seconded by Council Member Smith to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 11. 15-5923 Rezoning Petition: 2017-053 by Hopper Communities, Inc. A motion was made by Council Member Smith and seconded by Council Member Mayfield to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 12. 15-6057 Rezoning Petition: 2017-076 by Laurel Street Residential, 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 Kinsey to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 13. 15-6001 Rezoning Petition: 2017-068 by Hopedale Builders, Inc. A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. City of Charlotte Page 4 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 14. 15-6002 Rezoning Petition: 2016-126 by Luxity, LLC A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried carried by the following vote: Yea: 8- Council Member Ajmera, Council Member Driggs, Council Member Eiselt, Council Member Kinsey, Council Member Lyles, Council Member Mayfield, Council Member Phipps, and Council Member Smith Nay: 1- Council Member Fallon A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 15. 15-6003 Rezoning Petition: 2017-039 by Beacon Partners A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 16. 15-6005 Rezoning Petition: 2017-061 by LBP Berryhill, LLC A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. : A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 17. 15-6006 Rezoning Petition: 2017-066 by Craig Calcasola A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Driggs and seconded by Council Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 18. 15-6041 Rezoning Petition: 2017-055 by Duke Energy A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. City of Charlotte Page 5 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 19. 15-6055 Rezoning Petition: 2017-073 by The Gold District of Charlotte A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 20. 15-6056 Rezoning Petition: 2017-078 by Courtney E. Parker A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 21. 15-6058 Rezoning Petition: 2017-082 by Griffbrew Investments, LLC A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 22. 15-6060 Rezoning Petition: 2017-084 by Cheer Athletics A motion was made by Council Member Fallon and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. ZONING HEARINGS ROLL CALL Council member James Mitchell arrived at 6:35 p.m. Present: 11 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, 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 City of Charlotte Page 6 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 24. 15-5959 Rezoning Petition: 2017-054 by ATCO The following speaker(s) addressed City Council regarding this petition: Jeff Brown Damon Hemmerdinger Adrienne Martinez Darryl Gaston A motion was made by Council Member Mayfield and seconded by Council Member Phipps to Close the Public Hearing this Zoning Hearing. The motion carried unanimously. 25. 15-5962 Rezoning Petition: 2017-062 by Doggett Concrete, Inc. The following speaker(s) addressed City Council regarding this petition: Walter Fields A motion was made by Council Member Mitchell and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. 26. 15-6104 Rezoning Petition: 2017-069 by Heydon Hall II, LLC The following speaker(s) addressed City Council regarding this petition: Colin Brown Jonathan Mullen A motion was made by Council Member Smith and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 28. 15-6062 Rezoning Petition: 2017-072 by SMS Catering Service, Inc. The following speaker(s) addressed City Council regarding this petition: Colin Brown A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 29. 15-6102 Rezoning Petition: 2017-074 by Fine Plaza, LLC There being no speakers, either for or against, a motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 7 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 30. 15-6063 Rezoning Petition: 2017-077 by TTR Investments, LLC The following speaker(s) addressed City Council regarding this petition: John Carmichael A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 31. 15-6064 Rezoning Petition: 2017-080 by Griffith Equities, LLC / E.C. Griffith Company The following speaker(s) addressed City Council regarding this petition: John Carmichael A motion was made by Council Member Mayfield and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 32. 15-6067 Rezoning Petition: 2017-081 by Ninety-Eight and Three Quarters Holdings, LLC The following speaker(s) addressed City Council regarding this petition: Ty Shaffer A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 33. 15-6069 Rezoning Petition: 2017-085 by Mark Eisenbeis-Stolz Partners The following speaker(s) addressed City Council regarding this petition: Mark Eiserbeis A motion was made by Council Member Mayfield and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 34. 15-6070 Rezoning Petition: 2017-087 by Regions Bank The following speaker(s) addressed City Council regarding this petition: Keith MacVean Terry Katon A motion was made by Council Member Driggs and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 8 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 35. 15-6071 Rezoning Petition: 2017-088 by Trevi Partners, LLC The following speaker(s) addressed City Council regarding this petition: Casey Werner A motion was made by Council Member Phipps and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 36. 15-6072 Rezoning Petition: 2017-089 by Laurel Street Residential The following speaker(s) addressed City Council regarding this petition: Walter Fields Wayne Johnson A motion was made by Council Member Driggs and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. 37. 15-6073 Rezoning Petition: 2017-090 by Childress Klein Properties, Inc. The following speaker(s) addressed City Council regarding this petition: Bridget Grant A motion was made by Council Member Driggs and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 38. 15-6074 Rezoning Petition: 2017-091 by Colony at Piper Glen, LLC The following speaker(s) addressed City Council regarding this petition: Walter Fields A motion was made by Council Member Driggs and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 39. 15-6088 Rezoning Petition: 2017-092 by Direct Power The following speaker(s) addressed City Council regarding this petition: Walter Fields A motion was made by Council Member Mayfield and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 40. 15-6075 Rezoning Petition: 2017-093 by Carowinds, LLC The following speaker(s) addressed City Council regarding this petition: James Haden A motion was made by Council Member Mitchell and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 9 Printed on 7/18/2017 City Council Zoning Meeting Zoning Minutes July 17, 2017 41. 15-6076 Rezoning Petition: 2017-094 by MM&R Investments, LLC The following speaker(s) addressed City Council regarding this petition: Ty Shaffer A motion was made by Council Member Smith and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. MAYOR AND COUNCIL TOPICS There were no topics raised by the Mayor or City Council. ADJOURNMENT The meeting was adjourned at 9:07 p.m. City of Charlotte Page 10 Printed on 7/18/2017

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, July 17, 2017 Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - - Dimple Ajmera - Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Agenda July 17, 2017 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Laura Harmon July Council Dinner Agenda Final.pdf 3. Follow Up Report Follow-Up Report July Final.pdf Attachment #1 NEW.pdf Attachment #2 NEW.pdf City of Charlotte Page 2 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS HISTORIC LANDMARK DECISION 4. The Red Front Department Store A Decision on the Question of adopting an ordinance for the property known as “The Red Front Department Store” (listed under Tax Parcel 08112705), including the interior and exterior of the building, and the land associated with the tax parcel) as an Historic Landmark. Property Owner: Camp Greene Properties, LLC Location: 1125 Belmont Avenue in Charlotte Red Front Dept Store RCA.pdf Red Front Cover.docx Red Front Ordinance.docx Red Front S&R.pdf Red Front Estimate of Def Taxes.doc Red Front HLC Vote.doc Red Front SHPO Comment Ltr.pdf Red Front Dept Review Findings.doc City of Charlotte Page 3 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 ZONING DECISIONS 5. Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. Update: Requesting Deferral to September 18, 2017 Location: Approximately 0.17 acres located on the south side of Margaret Brown Street between South Sycamore Street and South Irvin Avenue. (Council District 2 - Austin) Current Zoning: UR-1 (urban residential) Proposed Zoning: MUDD-O (mixed use development, optional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 to DEFER this petition to the August 1, 2017 Zoning Committee Work Session. 2017-067_reco_06-29-2017_final_TK.pdf 2017-067 vicinity map revised.pdf 2017-067 rezoning map revised.pdf 6. Rezoning Petition: 2017-058 by The Keith Corporation Update: Requesting Deferral to September 18, 2017 Location: Approximately 11.1 acres located on the north side of West W.T. Harris Boulevard between Mallard Creek Road and Medical Plaza Drive. (Council District 2 - Austin) Current Zoning: RE-1 (research) Proposed Zoning: RE-3(O) (research, optional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 to DEFER this petition until their August 1, 2017 meeting. 2017-058_reco_06-29-2017_final-TK.pdf 2017-058 vicinity map.pdf 2017-058 rezoning map.pdf City of Charlotte Page 4 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 7. 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 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 Bryant Park Land Use & Streetscape Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends office uses for the site as amended by rezoning petition 2013-045. · 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 Bryant Park Land Use & Streetscape Plan originally recommended a mix of residential, office, and retail for the area where the site is located, which is the former Radiator Specialty industrial site; and · The office land use recommendation was a result of rezoning petition 2013-045 which allowed for all uses in the O-1 (office) district on this site and on abutting property; and · The proposed development of townhomes on this site will support the creation of a district with a mix of residential, office and retail and will complement the County owned office building across Suttle Avenue and the charter school located north of the site; and · The proposed development is also designed to support walkability in the new multi-use district, with the residential units located near the public sidewalk and directly accessible from the sidewalk. 2017-034_reco_04-04-2017-final.pdf 2017-034 vicinity map.pdf 2017-034 rezoning map revised.pdf 2017-034_REV_07-11-2017.pdf City of Charlotte Page 5 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 8. Rezoning Petition: 2017-038 by Childress Klein Properties, Inc. Location: Approximately 2.12 acres located on the east side of West Tyvola Road between Billy Graham Parkway and Cascade Pointe Boulevard. (Council District 3 - Mayfield) Current Zoning: I-1(CD) (light industrial, conditional) Proposed Zoning: I-1(CD) SPA (light industrial, conditional, site plan amendment) 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 Central District Plan based on the information from the staff analysis and the public hearing, and because: · The plan recommends industrial and retail uses for the subject parcel as amended by petition 1998-125. · Therefore, 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: · The proposed commercial use is accommodated by the adopted plan; and · Current I-1(CD) zoning allows for retail and restaurant uses without drive-throughs; and · The use with the drive-through is attached to other commercial uses and the window will be to the side of the building; and · The proposed building will provide support services for the proposed office and hotel buildings developing in the surrounding area. 2017-038_reco_final final.pdf 2017-038 vicinity map.pdf 2017-038 rezoning map.pdf 2017-038_RevsitePlan_06-30-2017.pdf City of Charlotte Page 6 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 9. Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC Update: Requesting Deferral to September 18, 2017 Location: Approximately 2.9 acres located on the south side of Drexel Place and north side of Woodlawn Road near the intersection of Park Road and Drexel Place and Park Road and Woodlawn Road. (Council District 1 - Kinsey) Current Zoning: R-4 (single family residential) and UR-3(CD) (urban residential, conditional) Proposed Zoning: MUDD-O (mixed use development, conditional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff disagrees with the recommendation of the Zoning Committee as the scale, mass and encroachment into the single family area is inconsistent with the adopted area plan. Statement of Consistency: · The Zoning Committee found this petition to be inconsistent with the Park Woodlawn Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends residential for the portion of the site along Woodlawn Road and single-family residential at R-4 for the lots along Drexel Place. · 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 development will provide a transition to the single family homes across Drexel Place; and · At grade entrances along Drexel Place will enhance the pedestrian environment along the site frontage; and · New rental product will replace the old existing stock. 2015-093_reco_04-27-2016 final.pdf 2015-093 vicinity map.pdf 2015-093 rezoning map.pdf 2015-093_RevSitePlan_10-5-2016.pdf City of Charlotte Page 7 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 10. Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC Update: Requesting Deferral to October 16, 2017 and a New Public Hearing on September 18, 2017 Location: Approximately 65.7 acres located on the northwest corner at the intersection of West Mallard Creek Church Road and Interstate 85. (Council District 4 - Phipps) Current Zoning: R-3 (single family, residential), RE-1 (research), and RE-3(CD) (research, conditional) Proposed Zoning: MUDD-O (mixed use development, optional) and R-12MF(CD) (multi -family residential, conditional), with five-year vested rights. 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 finds a portion of the site consistent with the Northeast Area Plan and a portion of the site inconsistent with the adopted plan, based on the information from the staff analysis and the public hearing, and because: · The portion of the site proposed for a mix of commercial uses is consistent with the Northeast Area Plan recommendation for office/research/retail uses. However, the portion of the site proposed for multi-family use is inconsistent with the Northeast Area Plan recommendation for office/research/retail uses and residential use up to four dwelling units per acre. · However, this petition is found to be reasonable and in the public interest, based on the information from the staff analysis and the public hearing, and because: · The subject property is located in an I-85 interchange area which was identified in the Northeast District Plan (which preceded the Northeast Area Plan) for an expansion of research uses outside of the University Research Park; and · The Northeast Area Plan updated that land use recommendation to include a range of commercial uses (office/research/ retail), along with a recommendation for improved connectivity in the area and an integrated site plan; and the proposed development has been designed to provide the integrated and interconnected development recommended by the plan. Commercial development, consistent with the plan, is proposed for the part of the site closest to West Mallard Creek Church Road; and · Multi-family development is requested for the remainder of the site, instead of the non-residential uses identified by the plan. The addition of multi-family results in a mix of uses, instead of more isolated commercial development; and · The requested development has been designed to respond to the transportation context by placing the most auto-oriented uses which will require high levels of vehicular access, specifically the outparcels and large EDEE (eating/drinking/ entertainment establishment) closest to the interstate interchange; and · The site plan provides a transition from the auto-oriented area to a walkable commercial street which will connect to the multi-family development in the northern portion of the site; and · The area that the plan recommends for single family development is proposed to be used for a 75 -foot buffer area abutting existing single family homes, and a segment of the public street which will connect Mallard Creek Church Road and Galloway Road; and City of Charlotte Page 8 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 · In addition to the new street connecting to Galloway Road, the proposed development will provide a number of transportation improvements. These include reservation of right-of-way for a future east-west crossing of I-85 at Galloway Road, and a new signalized intersection to create site access and set up for a potential new connection in the adjacent University Research Park. 2016-139_reco_5-30-2017_final.pdf 2016-139 vicinity map.pdf 2016-139 rezoning map revised.pdf 2016-139_RevSitePlan_06-15-2017.pdf 11. Rezoning Petition: 2017-053 by Hopper Communities, Inc. Location: Approximately 0.86 acres located at the northeast intersection of Park Road and Reece Road. (Council District 6 - Smith) Current Zoning: R-4 and R-5 (single-family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) 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 Park Woodlawn Area Plan, based on information from the staff analysis and the public hearing, and because: · The Plan recommends residential uses up to 12 dwelling 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 proposed development is across the street from the Park Road/Woodlawn Road Activity Center; and · The increased density proposed for the subject site will result in more residents living within walking distance of the Activity Center; and · The proposed development will also provide a transition between the more intensely developed Activity Center and the established single family residential development located north and east of the site; and · The development has been designed to be compatible with the adjacent single family residential by limiting the maximum building height of the attached dwelling units to 40 feet, which is the height allowed for the single family homes; and · The proposed development also includes an eight-foot planting strip and six-foot sidewalk which will improve both safety and the pedestrian experience for this site. 2017-053_reco_06-29-2017final.pdf 2017-053 vicinity map.pdf 2017-053 rezoning map.pdf 2017-053_RevSitePlan_06-26-2017.pdf City of Charlotte Page 9 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 12. Rezoning Petition: 2017-076 by Laurel Street Residential, LLC Location: Approximately 14.56 acres located on the south side of West Tyvola Road across from City Park Drive and Speer Boulevard. (Council District 3 - Mayfield) Current Zoning: MUDD-O (mixed use development, optional) and R-4 (single family residential) Proposed Zoning: UR-2 (CD) (urban residential, conditional) 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 Southwest District Plan, based on information from the staff analysis and the public hearing, and because: · The petition is consistent with the residential/office/retail land use adopted for this site, per the Southwest District Plan as amended by rezoning petition 2007-082. · 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 on a vacant parcel that is surrounded by a mix of industrial, institutional, office, and residential uses and undeveloped and vacant acreage. The site abuts the Renaissance Golf Course; and · The proposed multi-family use is consistent with the adopted land use for the site as amended by rezoning petition 2007-082, which updated the Southwest District Plan recommendation to allow residential, office and/or retail development; and · Multi-family development on this site is consistent with the existing residential development that has occurred recently as part of the City Park development and will add more housing options, especially for employees in the Coliseum area which is predominately office and light industrial; and · Multi-family and elderly housing on this site would also complement the adjacent County golf course and proposed greenway. 2017-076_reco_06-29-2017-final_TK.pdf 2017-076 vicinity map.pdf 2017-076 rezoning map revised.pdf 2017-076_RevSitePlan_07-10-2017.pdf City of Charlotte Page 10 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 13. Rezoning Petition: 2017-068 by Hopedale Builders, Inc. Location: Approximately 0.41 acres located on the south side of Faison Avenue between North Davidson Street and North Brevard Street. (Council District 1 - Kinsey) Current Zoning: R-5 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 5-1 to recommend APPROVAL of this petition. 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 Blue Line Extension Transit Station Area Plan, but inconsistent with the specifically recommended low density (up to six units per acre) for the subject properties based on information from the staff analysis and the public hearing, and because: · The plan recommends residential uses up to six 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 properties are located on the south side of Faison Avenue amidst single family detached homes, duplex units, and vacant lots. · The proposed duplex units will provide new housing on vacant lots to complement the existing duplex and detached single family units on Faison Avenue. · While the proposed density is greater than the specific density recommended by the adopted plan, the plan does state that moderate density residential development can be supported if designed to be consistent with the community design section of the plan. · The proposed development adheres to community design policies of the adopted plan by orienting buildings to the street, locating parking to the rear of the buildings, and providing porches and stoops similar to surrounding single family dwellings. 2017-68_ZC_Reco_062917_final_TK.pdf 2017-068 vicinity map.pdf 2017-068 rezoning map.pdf 2017-68 REV site plan_ 063017.pdf City of Charlotte Page 11 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 14. Rezoning Petition: 2016-126 by Luxity, LLC Location: Approximately 0.27 acres located on the northeast corner of South Sycamore Street and Margaret Brown Street. (Council District 2 - Austin) Current Zoning: UR-1 (urban residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 Charlotte Center City 2020 Vision Plan, based on information from the staff analysis and the public hearing, and because: · While the plan does not make a specific land use recommendation for the site, it encourages the preservation and enhancement of Center City 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 subject site is located on a short street in Third Ward that is primarily developed with single family homes. However, there are multi-family buildings at the intersection of Irwin Avenue and Margaret Brown Street, and on other nearby streets in this part of Third Ward; and · The subject site is appropriate for higher density residential as it is located on a corner lot across from Frazier Neighborhood Park and is located in an urban neighborhood with a range of housing types; and · The development has been designed to complement the single family homes along Margaret Brown Street: · The proposed 14-foot setback along Margaret Brown Street is consistent with the setback for the existing single family homes along the street; and · The proposed development incorporates architectural details such as porches and fenestration that are compatible with the established single family neighborhood; and · The proposed 40-foot height is the base height allowed for single family development; and · In addition, the proposed development will improve the pedestrian experience by providing an eight-foot planting strip and six-foot sidewalk. 2016-126_reco_06-29-2017 _Final_TK.pdf 2016-126 vicinity map.pdf 2016-126 rezoning map.pdf 2016-126_RevSitePlan_06-29-2017.pdf City of Charlotte Page 12 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 15. Rezoning Petition: 2017-039 by Beacon Partners Location: Approximately 3.53 acres located at the northeast intersection of South Tryon Street and Winona Street and east of Winnifred Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M(O) (transit oriented development - mixed use, optional) and five-year vested rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 South End Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends transit supportive uses for the subject site. · 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 ¼ walk of the Bland Street Transit Station on the LYNX Blue Line, and the proposal allows a site previously used for industrial/warehouse purposes to convert to transit supportive land uses appropriate for this location; and · The 170-foot building height optional request is 50 feet greater in height than what is allowed by the ordinance standards; and · However, the extra height request is proposed on the side of the building that is furthest away from the Wilmore Neighborhood; and the additional height will not have a negative impact on the Wilmore neighborhood, which is separated from this site by commercial development; and · In addition, the petition includes a central plaza which will be accessible from South Tryon Street; ground floor active uses on South Tryon Street, Winona Street and West Bland Street; and sidewalk/streetscape improvements on all streets. Together, these improvements will significantly enhance the pedestrian environment for the subject site. 2017-039_reco_06-29-2017-final_TK.pdf 2017-039 vicinity map.pdf 2017-039 rezoning map.pdf 2017-039_RevSitePlan_06-30-2017.pdf City of Charlotte Page 13 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 16. Rezoning Petition: 2017-061 by LBP Berryhill, LLC Location: Approximately 42.11 acres surrounding Perimeter West Drive, South of Wilkinson Boulevard and West of Interstate 485. (Outside City Limits) Current Zoning: I-1(CD) LLWPA (light industrial, conditional, Lower Lake Wylie watershed overlay, protected area) Proposed Zoning: I-1(CD) SPA LLWPA (light industrial, conditional, site plan amendment, Lower Lake Wylie watershed overlay, protected area) 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 Dixie Berryhill Strategic Plan, based on information from the staff analysis and the public hearing, and because: · The majority of this petition is consistent with the Dixie Berryhill Strategic Plan recommendation for office/warehouse uses. However, the portion of the property that is located in the FEMA Floodplain is recommended for park/open space. · 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 area of Wilkinson Boulevard is developed primarily with warehouse and industrial uses, and a portion of the subject site is already developed with two warehouse/office buildings; and · The rezoning petition retains the use restrictions from the previous rezoning, specifically permitting industrial and warehouse uses which are appropriate at this location; and · However, the request reconfigures vacant development sites, removes notes limiting the maximum warehouse/distribution square footage, and removes a note that a call center will not be considered warehouse or distribution space; and · These changes are minor in nature and will not have a negative impact on adjacent properties; and · The request is consistent with the office/warehouse recommendation from the adopted plan for the majority of the property. The land use recommendation for park/open space is for the portion of the site within the FEMA floodplain, and pertinent floodplain regulations will still apply to the site. 2017-061_reco_06-29-2017-final_TK.pdf 2017-061 vicinity map.pdf 2017-061 rezoning map.pdf 2017-061_RevSitePlan_06-26-2017.pdf City of Charlotte Page 14 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 17. Rezoning Petition: 2017-066 by Craig Calcasola Location: Approximately 0.35 acres located on the north side West Worthington Avenue between Wilmore Walk Drive and Wickford Place. (Council District 3 - Mayfield) Current Zoning: R-43MF HD (multi-family residential, historic district overlay) Proposed Zoning: UR-1(CD) HD (urban residential, conditional, historic district overlay) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 Central District Plan and consistent for increase in density with the General Development Policies, based on information from the staff analysis and the public hearing, and because: · The plan recommends low density residential uses for the subject site. · 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 property is adjacent to and across from single family homes along Wickford Place and is located within the Wilmore Historic District; and · The proposed development will add three additional homes, for a total of four homes on individual lots, along Wickford Place; and · The proposed residential density of 11.4 dwelling units per acre provides a transition between the moderate density along Worthington Avenue and the low density along West Boulevard; and · The proposed setback matches the setback of the previous building and is compatible with other setbacks along Wickford Place; and · The proposed development improves the site with a planting strip and sidewalk which will improve the pedestrian experience. 2017-066_reco_06-29-2017 - final - TK - For John.pdf 2017-066 vicinity map.pdf 2017-066 rezoning map.pdf 2017-066_RevSitePlan_06-30-2017.pdf City of Charlotte Page 15 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 18. Rezoning Petition: 2017-055 by Duke Energy Location: Approximately 5.28 acres located on the west side of Toddville Road and the south side of Craig Street, north of Macon Street. (Council District 3 - Mayfield) Current Zoning: R-3 LLWPA (single family residential, Lower Lake Wylie watershed overlay, protected area) Proposed Zoning: I-2 LLWPA (general industrial, Lower Lake Wylie watershed overlay, protected area) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 inconsistent with the Northwest District Plan, based on information from the staff analysis and the public hearing, and because: · The petition is inconsistent with the Northwest District Plan recommendation for single family residential land uses, at up to four dwelling units per acre. · 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 is located between industrially zoned land and a small single family neighborhood; and · The existing R-3 (single family residential) zoning currently provides a transition to the neighborhood; however, it is not required to include landscaping; and · Rezoning the property to I-2 (general industrial) will allow a small area for the expansion of industrial uses along the south boundary of the site; and · In addition, the rezoning will result in the establishment of an ordinance required buffer along Craig Street. The buffer will protect the neighborhood by separating and partially blocking the view between the industrial use and the single family homes. 2017-055_reco_06-29-17_final_TK.pdf 2017-055 vicinity map revised.pdf 2017-055 rezoning map revised 2.pdf City of Charlotte Page 16 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 19. Rezoning Petition: 2017-073 by The Gold District of Charlotte Location: Approximately 19.13 total acres of multiple parcels located south of West John Belk Freeway, west of West Carson Boulevard, north of South Church Street and along West Summit Avenue, south of South Mint Street. (Council District 3 - Mayfield) Current Zoning: B-2 (HD-O) (general business, historic district overlay) and I-1 (HD-O) (light industrial, historic district overlay) Proposed Zoning: B-2 TS (HD-O) (general business, transit supportive overlay, historic district overlay) and I-1 (HD-O) (light industrial, transit supportive overlay, historic district overlay) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 South End Transit Area Plan, and several areas to be inconsistent with the Central District Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends transit supportive uses for a majority the subject sites. The remainder of the properties are recommended for industrial 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 proposal will add the TS (transit supportive overlay) to the base zoning for the sites included in this petition. The base zoning for these sites is currently business (B-2) or industrial (I-1 or I-2); and · The proposed overlay will accommodate the continued existence and some expansion of businesses located on the subject sites; and · In addition, the overlay district will allow reuse and redevelopment of the subject properties, and most of the uses in the base zoning districts will be permitted; and · While the application of TS (transit supportive overlay) will make only minimal changes to the uses that will be allowed on these sites, TS will change the form of new development; and · The TS district will ensure that future development is designed to be more transit supportive, by applying pedestrian oriented site design standards to the underlying business and industrial zoning districts; and · This will allow the gradual transition of the area to an urban transit supportive district, which is appropriate for an area located close to two rapid transit stations and the Uptown area; and · It should be noted that the area plan recommends residential uses at up to eight units per acre for the one lot on Westwood, but the property has been used for non-residential purposes since the 1990’s. This petition will allow the continuation of a non-residential use. 2017-073_reco_06-29-2017lh_TK - Final.pdf 2017-073 vicinity map.pdf 2017-073 rezoning map revised.pdf City of Charlotte Page 17 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 20. Rezoning Petition: 2017-078 by Courtney E. Parker Location: Approximately 0.19 acres located at the northeast intersection of Overbrook Trail and Lakebrook Road and south of Interstate 85. (Outside City Limits) Current Zoning: R-3 LWPA (single family residential, Lake Wylie watershed overlay, protected area) Proposed Zoning: O-1 LWPA (office, Lake Wylie watershed overlay, protected area) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 inconsistent with the Dixie Berryhill Strategic Plan, based on information from the staff analysis and the public hearing, and because: · The petition is inconsistent with the single family residential land use recommendation for this site as per the Dixie Berryhill Strategic Plan. · 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 Dixie Berryhill Strategic Plan recommends single family residential at up to four dwelling units per acre for the subject property; and · While the proposed use is not residential, it will allow the reuse of a small lot that is situated between a recreation vehicle sales facility and Interstate 85; and · The size and location of the site limits the intensity and impact of the development on the residential properties in the immediate area and therefore eliminates the need for a conditional site plan. 2017-078_reco_06-29-17_final-TK.pdf 2017-078 vicinity map.pdf 2017-078 rezoning map.pdf City of Charlotte Page 18 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 21. Rezoning Petition: 2017-082 by Griffbrew Investments, LLC Location: 0.39 acres located along Griffith Street between New Bern Street and Fairwood Avenue and west of South Boulevard. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M (transit oriented development - mixed use) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 New Bern Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends transit supportive uses for the subject site. · 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 quarter mile walk of the New Bern Transit Station on the LYNX Blue Line; and · The proposal allows a site previously used for industrial/office to convert to transit supportive land uses; and · Use of conventional TOD-M (transit oriented development - mixed-use) zoning applies standards and regulations to create the desired form and intensity of transit supportive development, and a conditional rezoning is not necessary; and · TOD (transit oriented development) standards include requirements for appropriate streetscape treatment, building setbacks, street-facing building walls, entrances, and screening. 2017-082_Reco_06-29-2017_final-TK.pdf 2017-082 vicinity map.pdf 2017-082 rezoning map.pdf City of Charlotte Page 19 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 22. Rezoning Petition: 2017-084 by Cheer Athletics Location: Approximately 5.14 acres located at the northeast intersection of Vance Drive Road and Twin Lakes Parkway and east of Statesville Road. (Council District 2 - Austin) Current Zoning: BP (business park) Proposed Zoning: I-1 (light industrial) Zoning Committee Recommendation: The Zoning Committee voted 6-0 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 office/warehouse land use uses for the subject site. · 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 adopted land use calls for office/warehouse uses, as allowed in the proposed I-1 industrial zoning district; and · The site and surrounding area are already developed as light industrial uses allowed under the BP zoning district; and · The I-1 district will allow uses such as auto sales that are not permitted in the BP (business park) district; and · The site backs up to I-485, with no residential uses in close proximity; and · Rezoning petition 2017-063, a request to rezone the property which is adjacent to this site from BP (business park) to I-1 (light industrial), was also recommended for approval in May 2017. 2017-084_reco_06-29-17_final_TK - final.pdf 2017-084 vicinity map.pdf 2017-084 rezoning map.pdf ZONING HEARINGS 23. Rezoning Petition: 2017-059 by Saturday Night LLC Update: Requesting Deferral to September 18, 2017 Location: Approximately 2.78 acres located on the north side of Bellhaven Boulevard between Interstate 485 and Bellhaven Circle. (Council District 2 - Austin) Current Zoning: R-3 (single family residential) Proposed Zoning: I-1(CD) (light industrial, conditional) Deferral PH Slip Sheet.pdf City of Charlotte Page 20 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 24. Rezoning Petition: 2017-054 by ATCO Location: Approximately 72 acres located on the southeast intersection of Statesville Avenue and Woodward Avenue, west of North Graham Street (Council District 1 - Kinsey) Current Zoning: I-2 (general industrial) Proposed Zoning: UMUD-O (uptown mixed use, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues. Staff supports the proposed concept for the reuse and redevelopment of the site. However, there are a number of outstanding issues remaining to be resolved, including significant issues related to phasing of new street connections through the site, tree ordinance compliance, and retention of the existing buildings within the core of the site. 2017-54_Staff_071717 final.pdf 2017-054 vicinity map.pdf 2017-054 rezoning map revised LQ.pdf 2017-054 -Revised Cloud_06-20-2017.pdf 25. Rezoning Petition: 2017-062 by Doggett Concrete, Inc. Location: Approximately 5.8 acres located at the northern end of Cressida Drive east of South Boulevard and west of Sharonbrook Drive. (Council District 6 - Smith) Current Zoning: I-1 (light industrial) Proposed Zoning: I-2(CD) (general industrial, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to land use. 2017-062_staff_7-17-17_final_final.pdf 2017-062 vicinity map.pdf 2017-062 rezoning map.pdf 2017-062_RevSitePlan_06-12-2017.pdf City of Charlotte Page 21 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 26. Rezoning Petition: 2017-069 by Heydon Hall II, LLC Location: Approximately 7 acres located on the north side of Smithfield Church Road where it meets Heydon Park Way, west of Heydon Hall Circle. (Council District 6 - Smith) Current Zoning: MX-1 (mixed use) and MX-1 SPA (mixed use, site plan amendment) Proposed Zoning: MX-1 SPA (mixed use, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues and requested technical revisions related to site design, transportation and stormwater. 2017-069_staff_7-17-17_final final.pdf 2017-069 vicinity map.pdf 2017-069 rezoning map.pdf 2017-069_RevSitePlan_05-16-2017.pdf Previously Approved Cover Page.pdf 2017-069_prevApprovedPlan_2009-007.PDF 2017-069_prevApprovedPlan_2001-032.PDF 27. Rezoning Petition: 2017-070 by Saussy Burbank, LLC Location: Approximately 0.35 acres along the west side of Park road in between Wyndcrofte place and Hillside Avenue. (Council District 1 - Kinsey) Current Zoning: R-4 (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 design and transportation issues. 2017-070_staff_07-17-2017_final_final.pdf 2017-070 vicinity map.pdf 2017-070 rezoning map revised.pdf 2017-070_RevSitePlan_06-16-2017.pdf City of Charlotte Page 22 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 28. Rezoning Petition: 2017-072 by SMS Catering Service, Inc. Location: Approximately 4.68 acres located on the east side of Norland Avenue south of Central Avenue. (Council District 5 - Ajmera) Current Zoning: R-4 (single family residential), B-2 (CD) (general business, conditional), and O-6 (CD) (office, conditional) Proposed Zoning: NS (neighborhood services), with five-year vested rights Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to land use, and site and building design. 2017-72_Staff_071717_final final.pdf 2017-072 vicinity map.pdf 2017-072 AMENDED rezoning map.pdf 2017-072_RevSitePlan_06-12-2017.pdf Previously Approved Cover Page.pdf 2017-72 prev approved sie plan 1984-007.PDF 29. Rezoning Petition: 2017-074 by Fine Plaza, LLC Location: Approximately 1.36 acres located on the east side of Duncan Avenue between Drummond Avenue and The Plaza. (Council District 1 - Kinsey) Current Zoning: B-1 (neighborhood business) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, site and building design, and land use. 2017-74_staff analysis_07-17-17-final_final.sdw.pdf 2017-074 vicinity map.pdf 2017-074 rezoning map.pdf Extract page 1.pdf Extract page 2.png City of Charlotte Page 23 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 30. Rezoning Petition: 2017-077 by TTR Investments, LLC Location: Approximately 1.4 acres located at the northwest intersection of Millerton Avenue and West Morehead Street and west of Suttle Avenue. (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to environment, land use, and transportation. 2017-077_staff_7-7-17_final final final.pdf 2017-077 vicinity map.pdf 2017-077 rezoning map.pdf 2017-077_RevSitePlans_06-12-2017.pdf 31. Rezoning Petition: 2017-080 by Griffith Equities, LLC / E.C. Griffith Company Location: Approximately 17.69 acres located in between Freedom Drive and West Morehead Street and west of Walnut Avenue (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, infrastructure, and site and building design. 2017-080_staff_07-17-2017_final_final_final km updated final.pdf 2017-080 vicinity map.pdf 2017-080 rezoning map revised.pdf 2017-080_RevSitePlan_06-12-2017.pdf City of Charlotte Page 24 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 32. Rezoning Petition: 2017-081 by Ninety-Eight and Three Quarters Holdings, LLC Location: Approximately 0.38 located between North Tryon Street and Ritch Avenue and east of Guy E. Suddreth Avenue. (Council District 1 - Kinsey) Current Zoning: R-5 (single family residential) Proposed Zoning: B-2 (CD) (general business, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. 2017-81_Staff_071717 _final final km.pdf 2017-081 vicinity map.pdf 2017-081 rezoning map.pdf 2017-081_RevSitePlan_06-12-2017.pdf 33. Rezoning Petition: 2017-085 by Mark Eisenbeis-Stolz Partners Location: Approximately 9.54 acres located east of Interstate 485 between Caldwell Road and Farmington Ridge Parkway. (Outside City Limits) Current Zoning: R-3 (single family residential) and R-4 (single family residential) Proposed Zoning: R-5 (CD) (single family residential, conditional), with five-year vested rights Staff Recommendation: Staff recommends approval of this petition. 2017-85_Staff_071717_final km.pdf 2017-085 vicinity map.pdf 2017-085 rezoning map.pdf 2017-085_RevSitePlan_06-12-2017.PDF City of Charlotte Page 25 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 34. Rezoning Petition: 2017-087 by Regions Bank Location: Approximately 1.96 acres located at the southwest intersection of South College Street and East Stonewall Street and east of John Belk Freeway. (Council District 1 - Kinsey) Current Zoning: UMUD-O (uptown mixed use district, optional) Proposed Zoning: UMUD-O SPA (uptown mixed use district, optional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to signage. 2017-087_staff_07-17-2017_final final.sdw.pdf 2017-087 vicinity map.pdf 2017-087 rezoning map revised.pdf 2017-087_RevSitePlan_06-12-2017.pdf Previously Approved Cover Page.pdf 2017-087 Previously approved plan 1999-038 approved site plan Final.pdf 35. Rezoning Petition: 2017-088 by Trevi Partners, LLC Location: Approximately 23.3 acres located along the south 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 resolution of outstanding issues related to environment and technical issues related to site and building design. 2017-88_Staff_071717_final km.pdf 2017-088 vicinity map.pdf 2017-088 rezoning map.pdf 2017-088_RevSitePlan_06-12-2017.pdf Previously Approved Cover Page.pdf 2017-88 prev approved plan 2016-107.pdf City of Charlotte Page 26 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 36. Rezoning Petition: 2017-089 by Laurel Street Residential Location: Approximately 2 acres located at the northeast intersection of Marney Avenue and Sam Drenan Road and east of Skyland Avenue. (Council District 1 - Kinsey) Current Zoning: R-5 (single family residential) Proposed Zoning: UR-3 (CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design, and transportation. 2017-089_staff_07-17-2017_final final final.pdf 2017-089 vicinity map.pdf 2017-089 rezoning map.pdf 2017-089_RevSitePlan_06-16-2017.pdf 37. Rezoning Petition: 2017-090 by Childress Klein Properties, Inc. Location: Approximately 27.6 acres located at the southwest intersection of Providence Road and Ballantyne Commons Parkway and north of Interstate 485. (Council District 7 - Driggs) Current Zoning: CC (commercial center) Proposed Zoning: CC SPA (commercial center, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues and requested technical revisions related to site and building design. 2017-090_staff_7-17-17-final final final.pdf 2017-090 vicinity map.pdf 2017-090 rezoning map.pdf 2017-090_RevSitePlan_06-12-2017.PDF Previously Approved Cover Page.pdf 2017-090 1.pdf 2017-090_ 2.pdf 2017-090_3.pdf Extract page 1 from 2017-90.png Extract page 2 from 2017-90.png City of Charlotte Page 27 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 38. Rezoning Petition: 2017-091 by Colony at Piper Glen, LLC Location: Approximately 2.23 acres located at the northeast intersection of Ballantyne Commons Parkway and Rea Road. (Council District 7 - Driggs) Current Zoning: B-1SCD (business shopping center) Proposed Zoning: NS (neighborhood services) Staff Recommendation: Staff recommends approval of this petition upon resolution of the requested technical revisions related to site design and transportation. 2017-091_staff_7-17-17_final_final.pdf 2017-091 vicinity map.pdf 2017-091 rezoning map.pdf 2017-091_RevSitePlan_6-12-17.pdf Previously Approved Cover Page.pdf 2017-091_prevApprovedPlan_1989-017C.pdf 39. Rezoning Petition: 2017-092 by Direct Power Location: Approximately 14 acres located along the west side of Ryne Road and in between Mount Holly Road and Chapelton Drive. (Outside City Limits) Current Zoning: R-3 (LWPA) (single family residential, Lake Wylie protected area) Proposed Zoning: I-1 (CD) (LWPA) (light industrial, conditional, Lake Wylie protected area) Staff Recommendation: Staff recommends denial of this petition. 2017-092-staff_7-17-17_final final.pdf 2017-092 vicinity map.pdf 2017-092 rezoning map.pdf 2017-092_RevSitePlan_06-12-2017.pdf 40. Rezoning Petition: 2017-093 by Carowinds, LLC Location: Approximately 24.16 acres located on the west side of Interstate 77 on the southern edge of Mecklenburg County, south of Nevada Boulevard. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2017-093_staff_7-17-17_final final final.pdf 2017-093 vicinity map.pdf 2017-093 rezoning map.pdf City of Charlotte Page 28 Printed on 7/14/2017 City Council Zoning Meeting Zoning Agenda July 17, 2017 41. Rezoning Petition: 2017-094 by MM&R Investments, LLC Location: Approximately 0.35 acres located on the north side of Remount Road between South Tryon Street and Distribution Street. (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) Proposed Zoning: TOD-M (transit oriented development - mixed use) Staff Recommendation: Staff recommends approval of this petition. 2017-094_staff_07-17-2017_final final.pdf 2017-094 vicinity map.pdf 2017-094 rezoning map.pdf City of Charlotte Page 29 Printed on 7/14/2017