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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · September 18, 2017

AgendaMinutes

Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, September 18, 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 Carlenia Ivory - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Minutes September 18, 2017 DINNER MEETING CALL TO ORDER The City Council of the City of Charlotte, North Carolina convened for a Dinner Meeting on Monday, September 18, 2017 at 5:16 p.m. in Room CH-14 of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 9- Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Patsy Kinsey, Council Member Vi Lyles, Council Member Greg Phipps, Council Member Kenny Smith, and Carlenia Ivory Absent: 3- Council Member Claire Fallon, Council Member LaWana Mayfield, and Council Member James Mitchell 1. 15-6466 Meeting Agenda This item was For Information Only. 2. 15-6467 Dinner Meeting Agenda This item was For Information Only. 3. 15-6468 Follow Up Report This item was For Information Only. Closed Session A motion was made by Council Member Lyles 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 Crystal Eschert v. City of Charlotte - 3:16-CV-295. The motion carried unanimously. RECESS The Dinner Meeting recessed at 5:22 p.m. to go into closed session in CH-14. The closed session recessed at 5:39 p.m. to move to the Meeting Chamber for the regularly scheduled Zoning Meeting. City of Charlotte Page 1 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 ZONING MEETING CALL TO ORDER This City Council of the City of Charlotte, North Carolina reconvened for a Zoning Meeting on Monday, September 18, 2017 at 5:46 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 9- Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Patsy Kinsey, Council Member Vi Lyles, Council Member Greg Phipps, Council Member Kenny Smith, and Carlenia Ivory Absent: 3- Council Member Claire Fallon, Council Member LaWana Mayfield, and Council Member James Mitchell INTRODUCTIONS 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, October 3, 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 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. Mr. Fryday said the Zoning Committee will meet tonight after the meeting on Rezoning Petition 2017-070 by Saussy Burbank to make a recommendation. DEFERRALS HISTORIC LANDMARKS 4. 15-6040 Charles E. Barnhardt House A motion was made by Council Member Lyles and seconded by Council Member Kinsey to Defer the decision on this Historic Landmark to October 16, 2017. The motion carried unanimously. City of Charlotte Page 2 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 ZONING DECISIONS 5. 15-6276 Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC This Rezoning Petition was Returned to the Zoning Committee for Review due to changes that were made after the Zoning Committee's recommendation in response to staff and neighborhood comments and concerns for the site. Staff believes that the changes are numerous and possibly affect abutting and adjacent property owners and should be sent back to allow review for the Zoning Committee and interested citizens. The changes warrant an additional review by the Zoning Committee. 6. 15-6458 Rezoning Petition: 2017-074 by Fine Plaza, LLC A motion was made by Council Member Lyles and seconded by Council Member Kinsey to Defer the decision on this Rezonoing Petition to October 16, 2017. The motion carried unanimously. 7. 15-6421 Rezoning Petition: 2016-131 by Halvorsen Development Corporation A motion was made by Council Member Phipps and seconded by Council Member Lyles to Recuse Council Member Smith from this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Ivory to Approve this Rezoning Petition, as modified. The motion carried by the following vote: Yea: 6- Council Member Driggs, Council Member Eiselt, Council Member Kinsey, Council Member Lyles, Council Member Phipps, and Ivory Nay: 1- Council Member Ajmera Recused: 1- Council Member Smith A motion was made by Council Member Lyles and seconded by Council Member Phipps to Adopt the Statement of Consistency for this Zoning Decision. The motion carried by the following vote: Yea: 6- Council Member Driggs, Council Member Eiselt, Council Member Kinsey, Council Member Lyles, Council Member Phipps, and Ivory Nay: 1- Council Member Ajmera Recused: 1- Council Member Smith 8. 15-6277 Rezoning Petition: 2017-054 by ATCO A motion was made by Council Member Smith and seconded by Council Member Lyles Not to Refer this Rezoning Petition back to the Zoning Committee for review. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Ivory to Approve this Rezoning Petition, as modified. The motion carried unanimously. City of Charlotte Page 3 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 A motion was made by Council Member Phipps and seconded by Council Member Lyles to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 9. 15-6014 Rezoning Petition: 2017-058 by The Keith Corporation A motion was made by Council Member Ivory and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Ivory and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 10. 15-6278 Rezoning Petition: 2017-062 by Doggett Concrete, Inc. A motion was made by Council Member Smith and seconded by Council Member Kinsey to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 11. 15-6279 Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. A motion was made by Council Member Ivory and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Ivory and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 12. 15-6280 Rezoning Petition: 2017-072 by SMS Catering Service, Inc. A motion was made by Council Member Ajmera and seconded by Council Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee for review. The motion carried unanimously. A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 13. 15-6281 Rezoning Petition: 2017-077 by TTR Investments, LLC A motion was made by Council Member Kinsey and seconded by Council Member Smith to Approve this Rezoning Petition, as modified. 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 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 14. 15-6282 Rezoning Petition: 2017-080 by Griffith Equities, LLC / E.C. Griffith Company A motion was made by Council Member Smith and seconded by Council Member Ajmera to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 15. 15-6283 Rezoning Petition: 2017-081 by Ninety-Eight and Three Quarters Holdings, LLC A motion was made by Council Member Kinsey and seconded by Council Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee for review. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. 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. 16. 15-6284 Rezoning Petition: 2017-085 by Mark Eisenbeis-Stolz Partners A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 17. 15-6285 Rezoning Petition: 2017-087 by Regions Bank A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Ajmera to Approve this Rezoning Petition. The motion carried unanimously. 18. 15-6286 Rezoning Petition: 2017-088 by Trevi Partners, LLC A motion was made by Council Member Phipps and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. City of Charlotte Page 5 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 19. 15-6287 Rezoning Petition: 2017-089 by Laurel Street Residential A motion was made by Council Member Kinsey and seconded by Council Member Eiselt to Approve this Rezoning Petition, as modified. 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. 20. 15-6435 Rezoning Petition: 2017-090 by Childress Klein Properties, Inc. A motion was made by Council Member Driggs and seconded by Council Member Smith Not to Refer this Rezoning Petitionback to the Zoning Committee for review. The motion carried unanimously. A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 21. 15-6440 Rezoning Petition: 2017-091 by Colony at Piper Glen, LLC A motion was made by Council Member Driggs and seconded by Council Member Ivory 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. 22. 15-6441 Rezoning Petition: 2017-092 by Direct Power A motion was made by Council Member Smith and seconded by Council Member Ajmera to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 23. 15-6442 Rezoning Petition: 2017-093 by Carowinds, LLC A motion was made by Council Member Driggs 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 Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. by the following vote: City of Charlotte Page 6 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 24. 15-6443 Rezoning Petition: 2017-094 by MM&R Investments, LLC A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Ajmera and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. ZONING HEARINGS 25. 15-6461 Rezoning Petition: 2015-027 by Charlotte Housing Authority A motion was made by Council Member Lyles and seconded by Council Member Kinsey to Defer the hearing on this Rezoning Petition to December 18, 2017. The motion carried unanimously. 26. 15-6439 Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC The following speaker(s) addressed City Council regarding this petition: John Carmichael Linda Majchrzak Dr. Dan Morrill Nick Bushon A motion was made by Council Member Driggs and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 27. 15-6416 Rezoning Petition: 2017-057 by Childress Klein Properties, Inc. The following speaker(s) addressed City Council regarding this petition: Jeff Brown Bridget Grant Randy Goddard Tracey Peterson Robert Ray Meryl Hunte David Catenazzo Michael DeCramer Harmony Taylor A motion was made by Council Member Eiselt and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 28. 15-6415 Rezoning Petition: 2017-050 by Circa Investments, LLC A motion was made by Council Member Lyles and seconded by Council Member Kinsey to Defer the hearing on this Rezoning Petition to October 16, 2017. The motion carried unanimously. City of Charlotte Page 7 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 29. 15-6422 Rezoning Petition: 2017-083 by CapRock LLC A motion was made by Council Member Lyles and seconded by Council Member Kinsey to Defer the hearing on this Rezoning Petition to October 16, 2017. The motion carried unanimously. 30. 15-6425 Rezoning Petition: 2017-105 by Rexford Office Holdings, LLC The following speaker(s) addressed City Council regarding this petition: John Carmichael A motion was made by Council Member Kinsey and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 31. 15-6427 Rezoning Petition: 2017-110 by Lincoln Harris, LLC The following speaker(s) addressed City Council regarding this petition: Colin Brown A motion was made by Council Member Smith and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. 32. 15-6418 Rezoning Petition: 2017-059 by Saturday Night, LLC The following speaker(s) addressed City Council regarding this petition: Robert Keziah A motion was made by Council Member Ivory and seconded by Council Member Eiselt to Close the Public Hearing. The motion carried unanimously. 33. 15-6436 Rezoning Petition: 2017-070 by Saussy Burbank, LLC The following speaker(s) addressed City Council regarding this petition: Colin Brown A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 34. 15-6419 Rezoning Petition: 2017-079 by McKinney Holdings NC II, LLC The following speaker(s) addressed City Council regarding this petition: Joel Madden A motion was made by Council Member Phipps and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 8 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 35. 15-6423 Rezoning Petition: 2017-086 by Mecklenburg County Park and Recreation The following speaker(s) addressed City Council regarding this petition: Jim Garges Lee Jones A motion was made by Council Member Kinsey and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 36. 15-6437 Rezoning Petition: 2017-096 by Cambridge-Eastfield The following speaker(s) addressed City Council regarding this petition: Walter Fields A motion was made by Council Member Kinsey and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 37. 15-6368 Rezoning Petition: 2017-098 by Urban Investments, LLC The following speaker(s) addressed City Council regarding this petition: Greg Pappanastos A motion was made by Council Member Driggs and seconded by Council Member Ivory to Close the Public Hearing. The motion carried unanimously. 38. 15-6414 Rezoning Petition: 2017-099 by Fenton Place, LLC The following speaker(s) addressed City Council regarding this petition: Keith MacVean A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 39. 15-6424 Rezoning Petition: 2017-103 by Asana Partners, LP The following speaker(s) addressed City Council regarding this petition: Keith MacVean A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 40. 15-6426 Rezoning Petition: 2017-107 by CIP Construction Company The following speaker(s) addressed City Council regarding this petition: Keith MacVean A motion was made by Council Member Smith and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 9 Printed on 9/19/2017 City Council Zoning Meeting Zoning Minutes September 18, 2017 41. 15-6428 Rezoning Petition: 2017-117 by Profile Homes The following speaker(s) addressed City Council regarding this petition: Keith MacVean A motion was made by Council Member Kinsey and seconded by Council Member Driggs to Close the Public Hearing. The motion carried unanimously. 42. 15-6429 Rezoning Petition: 2017-119 by Brinker Properties, LLC There being no speakers, either for or against, a motion was made by Council Member Kinsey and seconded by Council Member Eiselt to Close the Public Hearing. The motion carried unanimously. 43. 15-6430 Rezoning Petition: 2017-122 by Victory Christian Center, Inc. The following speaker(s) addressed City Council regarding this petition: Brooks Whiteside A motion was made by Council Member Smith and seconded by Council Member Ivory to Close the Public Hearing. The motion carried unanimously. 44. 15-6431 Rezoning Petition: 2017-126 by The Church of Jesus Christ of Latter-day Saints The following speaker(s) addressed City Council regarding this petition: Mike McLeod A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. MAYOR AND COUNCIL TOPICS Mayor Roberts requested an agenda item be placed on a future agenda, either in September or October, regarding placing "No Parking" signs on Latrobe Street. ADJOURNMENT A motion was made by Council Member Eiselt and seconded by Council Member Driggs to Adjourn the meeting. The motion carried unanimously. The meeting adjourned at 9:53 p.m. City of Charlotte Page 10 Printed on 9/19/2017

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, September 18, 2017 Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - Dimple Ajmera - Ed Driggs Julie Eiselt - Claire Fallon Carlenia Ivory - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Zoning Agenda September 18, 2017 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Laura Harmon Dinner Agenda September FINAL.pdf 3. Follow Up Report 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS Update: Petitioner Requesting Deferral to October 16, 2017 A Decision on adopting an ordinance for the property known as the “Charles E. Barnhardt House” (listed under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and exterior of the house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark. Property Owner: Country Club Lane LLC Location: 2733 Country Club Lane in Charlotte, North Carolina HISTORIC LANDMARK DECISION 4. Charles E. Barnhardt House Update: Petitioner Requesting Deferral to October 16, 2017 A Decision on adopting an ordinance for the property known as the “Charles E. Barnhardt House” (listed under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and exterior of the house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark. Property Owner: Country Club Lane LLC Location: 2733 Country Club Lane in Charlotte, North Carolina City of Charlotte Page 2 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 ZONING DECISIONS 5. Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC Update: Staff is recommending that this petition go back to the Zoning Committee due to the number of changes made since the Zoning Committee Recommendation. 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, optional) 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. 2015-093_reco_04-27-2016 final.pdf 2015-093 vicinity map 2015-093 rezoning map 6. Rezoning Petition: 2017-074 by Fine Plaza, LLC Update: Requesting Deferral to October 16, 2017 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) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to the October 3, 2017 Zoning Committee Work Session. 2017-74_staff analysis_07-17-17-final_final.sdw.pdf 2017-074 vicinity map.pdf 2017-074 rezoning map.pdf City of Charlotte Page 3 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 7. Rezoning Petition: 2016-131 by Halvorsen Development Corporation Location: Approximately 1.63 acres located on the northeast corner of Ridge Road and Prosperity Church Road. (Council District 4 - Phipps) Current Zoning: UR-2(CD) (urban residential, conditional) and NS (neighborhood services) Proposed Zoning: NS SPA (neighborhood services, site plan amendment) and NS (neighborhood services) Zoning Committee Recommendation: The Zoning Committee voted 4-2 to recommend APPROVAL of this petition. Staff Recommendation: Staff disagrees with the recommendation of the majority of the Zoning Committee. Statement of Consistency: § The Zoning Committee found the allowed uses consistent with the Prosperity Hucks Area Plan; however, the petition is inconsistent with the specific recommendations of the 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, institutional, and residential for the area in which the site is located; and § The plan contains specific recommendations to create a pedestrian oriented mixed- use center in the area. § 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: § There needs to be another restaurant or food facility in the immediate vicinity; and § This particular site plan is conducive to have some walk in traffic; and § The plan creates outdoor spaces for people to use. 2016-131_reco_5-30-17_final.pdf 2016-131 vicinity map 2016-131 rezoning map 2016-131_RevSitePlan_06-07-2017 City of Charlotte Page 4 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 8. 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) 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 Central District Plan, but consistent with the Applied Innovation Corridor concept provided by the Charlotte Center City 2020 Vision Plan, based on information from the staff analysis and the public hearing, and because: · The Central District Plan recommends 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 subject property is a 72-acre light industrial site located just outside of Uptown and the I-277 loop. The site has a number of large buildings located on the site, totaling 1,240,000 square feet; and · The Central District Plan, which provides the land use recommendation for the site, calls for continuation of light industrial uses for the property; and · However, the Charlotte Center City 2020 Vision Plan identifies this area as part of the Applied Innovation Corridor (AIC), an area for which small- and medium-sized businesses in key sectors, such as bioscience, clean energy, informatics, and industrial design/architecture, are a priority. The proposal supports the vision of the Center City Plan by providing locations for such uses, as well as supporting retail and services for businesses and area residents; and · The City’s Community Investment Plan (CIP) also identifies the site as being located within an important area for reinvestment and job growth, which will result from reuse and redevelopment on this site; and · The Urban Land Institute (ULI) studied the area in 2014 and recognized the need for zoning to support adaptive reuse and integration of existing industrial buildings as the area transitions to become more mixed use. The proposed UMUD (uptown mixed use), with the requested optional provisions and conditional commitments, will meet that need; and · Preservation of a number of the existing buildings will support the reuse of potentially historic buildings of local significance, as the site has been the location of both a Ford factory and a munitions plant; and · The proposal will also support transportation goals by increasing street connectivity and improving walkability by adding new streetscape and sidewalks. 2017-054_reco_8-1-17.SM FinalFinal 2017-054 vicinity map 2017-054 rezoning map revised LQ 2017-054_RevSitePlan_09_01_17_Comments City of Charlotte Page 5 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 9. Rezoning Petition: 2017-058 by The Keith Corporation 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 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 University Research Park Area Plan, based on information from the staff analysis and the public hearing, and because: · The proposed office uses are consistent with the University Research Park Area Plan recommendation for office land uses. However, the retail and EDEE (eating/drinking/entertainment establishments) are inconsistent. · 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 located in the University Research Park area; and · While some of the uses are technically inconsistent with the adopted plan, the proposed development meets the overall intent for the area by: · Diversifying uses. The proposed range of uses will complement those that already exist in the University Research Park. Specifically, the potential retail and EDEE uses will provide goods and services for employees, residents, and visitors; and · Intensifying the site. The addition of new buildings will result in better utilization of a sparsely developed site; and · Adding pedestrian facilities. The installation of new sidewalk, a multi-use path, and streetscape will result in a more inviting pedestrian environment. 2017-058_reco_08-01-2017 LH9-7_CLG0908 Final 2017-058 vicinity map 2017-058 rezoning map 2017-058_RevSitePlan_08-28-2017 City of Charlotte Page 6 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 10. 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) 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 long-term vision of the Sharon & I-485 Transit Station Area Plan. However, the Committee found the petition to be consistent with the plan provision for ongoing business and industrial operations based on information from the staff analysis and the public hearing, and because: · The plan recommends a transition to mixed use transit supportive land uses; and · The plan recommends that ongoing businesses and industrial operations retain their commercial or industrial zoning in order to continue operations and allow for business expansion, until such time as the property owners are ready for redevelopment. · 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 contractor’s office and storage yard located on the subject property were established in 1998. The storage yard area has expanded gradually over the years. The rezoning would allow the existing use, including the storage yard, to continue to operate; and · The rezoning would bring the existing use into conformity and would require the installation of the required buffers adjacent to the single family homes to the rear, as well as screening from the public street; and · As a result of this rezoning, the building and parking area will be separated from the single family parcels by a distance of 100 feet including a 76-foot Class A buffer and a 15-foot sewer easement, plus nine additional feet running along a stream; and · There are a number of automotive dealerships and repair shops in the area and along Cressida Drive with large parking lots with vehicle storage, and the proposed use is comparable to these uses. 2017-062_reco_8-1-17_rev 2017-062 vicinity map 2017-062 rezoning map 2017-062_RevSitePlan_08-24-2017 City of Charlotte Page 7 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 11. Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. 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 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. This proposal is consistent with the intent of 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 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 proposal allows for residential uses and a “conference center, including facilities for corporate meetings, training, retreats, or other meetings” which, due to the limited size of the structure, is compatible with the immediate area; and · The proposed request will maintain the existing single family structure on the site which will continue to contribute to the neighborhood’s established character; and · The petition will provide a small gathering/event space for the community which may be converted into a residence again if so desired. 2017-067_reco_08-1-2017_sf-8-15-17 2017-067 vicinity map revised 2017-067 rezoning map revised 2017-067_RevSitePlan_07-24-2017 City of Charlotte Page 8 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 12. 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 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 Eastland Area Plan recommendation for retail use for the half of the property closest to Central Avenue where the main SMS Catering Inc. structure is located. The proposal is inconsistent with the plan for the remainder of the site, which is recommended for office and residential use at up to eight dwelling units per acre based on the information from the staff analysis and the public hearing, and because: · The plan recommends retail use for the portion of the site located closest to Central Avenue where the main SMS Catering Inc. structure is located; and · The plan recommends office and residential uses up to eight dwelling units per acre for the remainder of the site. · However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: · The subject property is located on a local street (Norland Avenue) off of Central Avenue, and a portion of the site is currently developed with an existing eating/drinking/ entertainment establishment; and · The location of the property is somewhat isolated, with the southern and western sides of the site bounded by Evergreen Cemetery, and Eastway Middle School located to the southwest of the site; and · Abutting Norland Avenue and across the street are existing businesses toward Central Avenue, as well as four residential structures; and · These four residential structures directly across Norland Avenue from the rezoning site are zoned R-4 (single family residential); however, the part of the rezoning site across from these properties will be limited to parking and reuse of the existing three residential structures; and · Due to the limited number of nearby residential uses, negative impacts related to the expansion of this business are not anticipated. In addition, this petition will result in greater compliance with current Zoning Ordinance regulations while accommodating expansion of an existing business. 2017-72_ZC Reco_080217 2017-072 vicinity map 2017-072 AMENDED rezoning map 2017-072_RevSitePlan_07-24-2017 City of Charlotte Page 9 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 13. 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) 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 Bryant Park Land Use and Streetscape Area Plan, based on information from the staff analysis and the public hearing, and because: · The petition is consistent with the Bryant Park Land Use and Streetscape Area Plan recommendation for a mixture of residential/office/retail land uses where this 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 property is located near the Bryant Park and Camp Greene neighborhoods and is occupied by a building that is approximately 28,000 square feet in size. The portion of the existing building along Millerton Avenue is occupied by a contractor’s office while the portion along Morehead Street is unoccupied; and · The proposal is to demolish a portion of the existing building to create two separate buildings. Office and retail uses will be allowed in the resulting buildings, which is consistent with the Bryant Park Land Use and Streetscape Area Plan; and · The proposed office and retail uses are more compatible with the new multi-family and single family residential development that has recently been completed in the Bryant Park neighborhood than the industrial uses currently allowed on the site; and · The existing urban fabric of the neighborhood will be retained with the preservation and reuse of the majority of this older structure that was built in 1935. 2017-077_reco_08-01-2017 2017-077 vicinity map 2017-077 rezoning map 2017-077_RevSitePlan_07-24-2017 City of Charlotte Page 10 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 14. 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) 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 Bryant Park Land Use and Streetscape Plan, based on information from the staff analysis and the public hearing, and because: · The petition is consistent with the Bryant Park Land Use and Streetscape Area Plan recommendation for a mixture of residential/office/retail land uses for the area in which this site is located. Most of the area identified to be park/green space will remain undeveloped. · 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 located in the Bryant Park area between Freedom Drive and West Morehead Street and is currently vacant; and · The proposed multi-family use, which will allow up to 280 multi-family and single family attached units, will support the transition of the area to a pedestrian friendly mix of uses as called for by the Bryant Park Land Use and Streetscape Area Plan; and · Placement of buildings near the sidewalk on West Morehead Street and along the future greenway will support walkability goals; and · The request will also support the development of Mecklenburg County’s greenway system by committing to convey an easement for development of the greenway. 2017-080_reco_08-01-2017_CLG0908 FINAL 2017-080 vicinity map 2017-080 rezoning map revised 2017-080_RevSitePlan_07-24-2017 City of Charlotte Page 11 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 15. 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) 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 inconsistent with the North Tryon Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends single family residential at a density of up to five 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 request seeks to rezone a portion of a larger through-lot with frontage on the commercial section of North Tryon Street as well as frontage on the residential section of Ritch Avenue; and · The portion of the property proposed to be rezoned is located behind an existing business on North Tryon Street and between two single family homes along Ritch Avenue; and · A 50-foot wide overhead power line crosses the site preventing residential development on the lot; and · The site will be limited to accessory parking for the nonresidential use on the portion of the lot that fronts North Tryon Street; and · The nonresidential use will provide a 20.25-foot wide Class B buffer and a fence on both sides of the property abutting single family dwellings, and along the frontage on Ritch Avenue; and · The proposed parking area will not extend past the rear corners of the existing homes on either side of the property leaving the first 72 feet of the property off Ritch Avenue landscaped which maintains the residential character along Ritch Avenue. 2017-81_ZC Reco 2017-081 vicinity map 2017-081 rezoning map 2017-081_RevSitePlan_07-24-2017 City of Charlotte Page 12 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 16. 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 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 Rocky River Road Area Plan based on information from the staff analysis and the public hearing, and because: · The plan recommends single family residential at a density of 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 vacant site is located directly between two established single family detached neighborhoods, continues stubbed streets from both developments, and has lot widths consistent to the adjacent (single family residential) zoning to the north; and · The petition will provide single family detached dwellings that are similar in scale and character to the surrounding detached dwellings, and slightly exceed the recommended density of four dwelling units per acre; and · The petition provides a public street connection to Caldwell Road, future Farmington Ridge Parkway in Cabarrus County, and internal street connections to abutting subdivisions. 2017-085_reco_8-1-17 2017-085 vicinity map 2017-085 rezoning map 2017-085_RevSitePlan_06-12-2017 City of Charlotte Page 13 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 17. 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) 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 this plan does not make a specific land use recommendation for the site, it recognizes Center City’s continuing role as the central economic engine and diversified employment hub of the region. · 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 petition proposes to increase the allowed signage for a new uptown building to permit additional exterior signage; and · Two signs are proposed to be located at the top of an 18-story building that has just been completed; and · The two proposed signs will have limited impact due to their location above ground and size in comparison to the building; and · They are also consistent with the signage provided for the NASCAR Hall of Fame office tower. 2017-087_reco_08-01-2017 2017-087 vicinity map 2017-087 rezoning map revised 2017-087_RevSitePlan_07-24-2017 City of Charlotte Page 14 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 18. 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 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 finds the 15.5-acre portion of the petition proposing multi-family residential dwellings is consistent with the Northeast Area Plan as amended by rezoning petition 2016-107, which allowed residential dwellings at a density of up to 22 units per acre. The remaining acreage is inconsistent with the Northeast Area Plan, as amended by rezoning petition 2010-047, which recommends institutional uses for approximately 0.80 acres of the site adjacent to the single family neighborhood and a mix of residential, office, and retail uses for the remaining approximately 6.5 acres of the site closest to the wastewater treatment facility, based on information from the staff analysis and the public hearing, and because: · The plan recommends multi-family residential at a density of up to 22 units per acre, for a 15.5-acre portion of the site; and · The plan recommends institutional, and a mix of residential, office and retail uses for the remainder of the site. · However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: · The proposed multi-family use, which is associated with the non-residential development approved for the adjoining property, will provide a balanced land use pattern with a mixture of uses including residential, shopping, employment and institutional uses as recommended by the adopted plan; and · Development density will be 11.8 units per acre, which is less than the 17.3 units per acre per the previously approved plan for petition 2016-107; and · This site provides internal pedestrian connections between the sidewalk, street, and multi-family structures, and also to the greenway and abutting properties, which will enhance pedestrian connectivity for the larger area when fully Implemented; and · The proposed greenway, buffers, and large tree save areas provide a transition to the existing single family neighborhood to the west; and · The site plan provides usable open space, preservation of natural features, and a greenway easement to be dedicated to Mecklenburg County. It also provides a trailhead and parking for future greenway connection, which is also part of Cross Charlotte Trail. 2017-88_ZC Reco_080217 2017-088 vicinity map 2017-088 rezoning map 2017-088_RevSitePlan_07-24-2017 City of Charlotte Page 15 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 19. 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) 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 Independence Boulevard Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends office/industrial-warehouse-distribution uses for the subject site. · However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: · The subject site is a vacant parcel at the edge of the Grier Heights neighborhood; and · To the north and east side of the site is vacant land zoned for industrial use and accessed off of Latrobe Drive, which does not connect to the Grier Heights neighborhoods. The area to the south, across Sam Drennan Road, is developed with low density single family homes in the Grier Heights neighborhood, and the properties to the west are developed with retail and multi-family uses; and · The proposed multi-family development will provide a transition between the single family section of Grier Heights and the industrially zoned land along Latrobe Drive; and · In addition, the proposed elderly housing will complement the existing housing in the neighborhood and will provide aging residents with an opportunity to move into elderly housing while remaining in the neighborhood. 2017-089_reco_08-01-2017_sf_8-15-2017 2017-089 vicinity map 2017-089 rezoning map 2017-089RevSitePlan_07-25-2017.pdf City of Charlotte Page 16 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 20. 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) 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 Providence Road/I-485 Area Plan Update, based on information from the staff analysis and the public hearing, and because: · The plan recommends primarily retail use with limited office. · 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 changes to the site plan for the Promenade Shopping Center are designed to allow minor adjustments to the site to allow the center to evolve and remain economically vital; and · The proposal increases the number and height of freestanding shopping center signs, however: · The proposed sign height and area are consistent with what is allowed for the CC (commercial center) district; and · The proposed site plan allows two signs per street front which is fewer than the three per street front allowed by the ordinance; and · The proposal calls for conversion of a portion of the landscaped “Village Square” at the center of the retail area to parking. However, the most heavily used part of the “Village Square” would remain and be improved, and the less used part would be paved with specialty pavers or stamped asphalt to allow use for special events; and · The proposal allows an existing tree preservation area along Ballantyne Commons Parkway to be reduced to accommodate a proposed building and parking: · However, the site plan is designed to ensure comparable landscaping on the site by committing to providing replacement trees for large trees at a two-to-one ratio on the site; and · In addition, the proposal provides the opportunity to regrade the area to allow the new building and this part of the site to better relate to the sidewalk along Ballantyne Commons Parkway. 2017-090_reco_8-1-17 LH9-6_JK9-7_final 2017-090 vicinity map 2017-090 rezoning map 2017-090_RevSite_08-28-2017 City of Charlotte Page 17 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 21. 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) 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 District Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends office use; and · An open space amenity is an allowable and typical use within office development. · 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 area proposed for rezoning was previously established as a landscaped buffer. This petition allows this area located between the public streets, parking, and buildings on the site to be developed as open space with pedestrian scale amenities; and · Other rezonings in the past, north of the site, along Rea Road have reduced the previously established buffer width to add pedestrian amenities such as walkways, plazas, and fountains; and · The petition provides a park-like amenity and gathering space on the eastern side of Rea Road that will serve the nearby office tenants and other visitors to the site. 2017-091_reco_8-1-17 2017-091 vicinity map 2017-091 rezoning map 2017-091_RevSitePlan_07-24-2017 City of Charlotte Page 18 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 22. 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) Zoning Committee Recommendation: The Zoning Committee voted 4-2 to recommend APPROVAL of this petition. Staff Recommendation: Staff disagrees with the recommendation of the Zoning Committee because the subject rezoning site and surrounding properties on the west side of Rhyne Road are all planned and zoned for single family residential use, and the proposed development will result in the encroachment of industrial zoning into this residentially planned area. Uses allowed in the proposed I-1 (light industrial) zoning include industrial/warehouse uses, which would be more appropriately located in the area to the north along the rail line, as this area is planned and zoned for industrial use. Statement of Consistency: · The Zoning Committee found this petition to be inconsistent with the Catawba Area Plan, based on information from the staff analysis and the public hearing, and because: · The petition is inconsistent with the land use recommendation as per the Catawba Area Plan for residential land use 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 proposal will help support connectivity and a road network; and · There are existing light industrial businesses in the area; and · The noise resulting from the airplanes makes the property less attractive for residential development. 2017-092_reco_08-01-2017 LH9-6_CLG0907 LH9-7 FINAL.pdf 2017-092 vicinity map 2017-092 rezoning map 2017-092_RevSitePlan_07-24-2017 City of Charlotte Page 19 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 23. 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) 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 Steele Creek Area Plan, based on information from the staff analysis and the public hearing, and because: · The plan recommends industrial/warehouse land 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 site is located along the North/South Carolina State line and the Interstate 77 and Carowinds Boulevard interchange area, which includes hotels and supporting retail uses; and · Outside of the Carowinds amusement park and to the north, the area is developed with industrial uses and is located within the Westinghouse Boulevard Industrial Activity Center; and · The proposed use is consistent with the industrial-warehouse-distribution adopted land use for this site as proposed by the Steele Creek Area Plan; and · The site is appropriate for the proposed I-1 (light industrial) zoning due to its proximity to other industrial zoned land. 2017-093_reco_8-15-2017 2017-093 vicinity map 2017-093 rezoning map City of Charlotte Page 20 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 24. 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) 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 1/2 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. 2017-094_reco_08-01-2017 2017-094 vicinity map 2017-094 rezoning map City of Charlotte Page 21 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 ZONING HEARINGS 25. Rezoning Petition: 2015-027 by Charlotte Housing Authority Update: Petitioner Requesting Deferral to December 18, 2017 Location: Approximately 3.031 acres located on the southeast corner at the intersection of Cherry Street and East 1st Street. (Council District 1 - Kinsey) Current Zoning: R-22MF (multi-family, residential) Proposed Zoning: UR-C(CD) (urban residential - commercial, conditional) 2015-027 Deferral PH Slip Sheet 26. Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC 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. Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and a technical issue. 2016-139_staff_09-18-2017_CLG08-28_AG 08-30 lh9-4_km9-7_CLG909_AG0912 final_SA_09-13-2017 FINAL 2016-139 vicinity map 2016-139 rezoning map revised 2016-139_RevSitePlan_08-15-2017 City of Charlotte Page 22 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 27. Rezoning Petition: 2017-057 by Childress Klein Properties, Inc. Location: Approximately 5.4 acres located at the southeast corner of the intersection of Pineville-Matthews Road and Providence Road. (Council District 7 - Driggs) Current Zoning: O-15 (CD) (office, conditional) Proposed Zoning: MUDD-O (mixed use development district, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design and transportation and technical issues related to land use, site and building design and environment. 2017-057_staff_9-18-17_km_JK-8-31 LH9-7_km9-8_JK9-11_final_SA_09-12-2017_TRANSPORTATION FINAL 2017-057 vicinity map 2017-057 rezoning map 2017-057_RevSitePlan_08-15-2017 Previously Approved Cover Page 2017-057_approvedplan_1986-112 SM reduced.pdf 28. Rezoning Petition: 2017-050 by Circa Investments, LLC Location: Approximately 0.77 acres located south of Crescent Avenue and north of South Laurel Avenue, between Providence Road and Willoughby Street. (Council District 1 - Kinsey) Current Zoning: B-1 (neighborhood business) and O-2 (office) Proposed Zoning: NS (neighborhood services) Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2017-050_staff_09-18-2017 LH-KM 9-6_09-08-2017_SA_09-12-2017 LH9-12 FINAL.pdf 2017-050 vicinity map 2017-050 rezoning map 2017-050_RevSitePlan_08-15-2017 29. Rezoning Petition: 2017-083 by CapRock LLC Update: Petitioner Requesting Deferral to October 16, 2017. Location: 1.16 acres located between Seigle Avenue and Harrill Street, west of Van Every Street. (Council District 1 - Kinsey) Current Zoning: I-2 (general industrial) Proposed Zoning: UR-2(CD) (urban residential, conditional) 2017-083 Deferral PH Slip Sheet City of Charlotte Page 23 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 30. Rezoning Petition: 2017-105 by Rexford Office Holdings, LLC Location: Approximately 3.42 acres located on the south side of Rexford Road between Coca Cola Plaza and Roxborough Road. (Council District 6 - Smith) Current Zoning: O-15(CD) (office, conditional) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of requested technical revisions related to lighting, height, pedestrian connections, and optional provisions and the single outstanding issue related to signage. 2017-105_staff_9-18-17_km_JK8-24 lh8-29_km8-31_JK9-6_final_09-08-2017SA FINAL 2017-105 vicinity map 2017-105 rezoning map 2017-105_RevSitePlan_08-15-2017 Previously Approved Cover Page 2017-105_approvedplan_1977-011 31. Rezoning Petition: 2017-110 by Lincoln Harris, LLC Location: Approximately 16.07 acres located on the south side of Fairview Road east of Sharon Road and across from Cameron Valley Parkway. (Council District 6 - Smith) Current Zoning: CC (commercial center) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to land use, transportation, site and building design. 2017-110_staff_9-18-17_km_JK8-30 lh9-4_km9-5_JK9-7_final_JK9-11_SA_09-13-2017 FINAL 2017-110 vicinity map revised 2017-110 rezoning map revised 2017-110_RevSitePlan_08-15-2017 Previously Approved Cover Page 2017-110_approvedplan_2011-054 City of Charlotte Page 24 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 32. Rezoning Petition: 2017-059 by Saturday Night, LLC Location: Approximately 3.78 acres located on the north side of Bellhaven Boulevard between Interstate 485 and Bellhaven Circle. (Council District 2 - Ivory) Current Zoning: R-3 (LWPA) (single family residential, Lake Wylie watershed - overlay, protected area) Proposed Zoning: I-1(CD) (LWPA) (light industrial, conditional, Lake Wylie watershed - overlay, protected area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to land use and transportation issues, and technical items. 2017-059_staff_09-18_CLG_08-24_AG LH 08-29_km08-30_CLG0908_SA09-08 FINAL 2017-059 vicinity map 2017-059 rezoning map revised 2017-059_RevSitePlan_07-10-2017 33. Rezoning Petition: 2017-070 by Saussy Burbank, LLC Location: Approximately 2.22 acres located 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_09-18-2017LH_km8-30_SAF_09-07-2017_09-08-2017SA FINAL.pdf 2017-070 vicinity map 2017-070 rezoning map 2017-070_RevSitePlan_08-15-2017 City of Charlotte Page 25 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 34. Rezoning Petition: 2017-079 by McKinney Holdings NC II, LLC Location: Approximately 14 acres located at the northeast intersection of North Tryon Street and Sandy Avenue. (Council District 4 - Phipps) Current Zoning: B-2(CD) (general business, conditional) Proposed Zoning: TOD-M(CD) (transit oriented development - mixed use, conditional) Staff Recommendation: Staff recommends approval of this petition. 2017-79_Staff_091817 LH8-29_km8-30_SSS090617_09-08-2017SA_SM_SSS0913 final 2017-079 vicinity map 2017-079 rezoning map 2017-079_RevSitePlan_08-15-2017 Previously Approved Cover Page 2017-79 approved site plan1989-041C 35. Rezoning Petition: 2017-086 by Mecklenburg County Park and Recreation Location: Approximately 90.45 acres along Eastway Drive between North Tryon Street and The Plaza. (Council District 1 - Kinsey) Current Zoning: R-17MF (multi-family residential), B-1 (neighborhood business), and I-1 (light industrial) Proposed Zoning: INST(CD) (institutional, conditional), with five-year vested rights. Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. 2017-86_Staff_091817 LH8-30_km8-31_SSS090617_SA_09-12-2017 FINAL.pdf 2017-086 vicinity map 2017-086 rezoning map 2017-086_RevSitePlan_08-15-2017 City of Charlotte Page 26 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 36. Rezoning Petition: 2017-096 by Cambridge-Eastfield Location: Approximately 8.96 acres located on the northeast side at the intersection of Prosperity Ridge Road and Johnston Oehler Road, south of Interstate 485. (Council District 4 - Phipps) Current Zoning: UR-2(CD) (urban residential, conditional) Proposed Zoning: UR-2(CD) SPA (urban residential, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and urban design. 2017-096_staff_CLG0830_AG 08-30 LH9-4_km9-5_CLG0907_AG09-07 LH9-11_SA_09-12-2017 FINAL.pdf 2017-096 vicinity map 2017-096 rezoning map 2017-096_RevSitePlan_08-15-2017 37. Rezoning Petition: 2017-098 by Urban Investments, LLC Location: Approximately 0.16 acres located on the southern corner at the intersection of South Boulevard and East Carson Boulevard. (Council District 1 - Kinsey) Current Zoning: O-2 (office) Proposed Zoning: TOD-M (transit oriented development - mixed use) Staff Recommendation: Staff recommends approval of this petition. 2017-098_staff_09-18-2017 LH_km9-31_SAF-09-07-2017_SA-09-11-2017 FINAL.pdf 2017-098 vicinity map 2017-098 rezoning map 38. Rezoning Petition: 2017-099 by Fenton Place, LLC Location: Approximately 0.19 acres located on the south side of Fenton Place between Providence Road and Cherokee Road. (Council District 1 - Kinsey) Current Zoning: O-2 (office) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site design and transportation. 2017-099_staff_09-18-2017 lh9-4_km9-5_SAF-09-07-2017_SA_09-11-2017 FINAL.pdf 2017-099 vicinity map 2017-099 rezoning map 2017-099_RevSitePlan_08-15-2017 City of Charlotte Page 27 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 39. Rezoning Petition: 2017-103 by Asana Partners, LP Location: Approximately 0.80 acres located at the northeast intersection of East Park Avenue and Camden Road, between South Tryon Street and South Boulevard. (Council District 3 - Mayfield) Current Zoning: I-2 (general 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 building and site design. 2017-103_staff_09-18-2017 LH9-4_km9-5_SAF_09-07-2017_SA_09-11-2017 FINAL.pdf 2017-103 vicinity map 2017-103 rezoning map 2017-103_RevSitePlan_08-15-2017 40. Rezoning Petition: 2017-107 by CIP Construction Company Location: Approximately 1.25 acres located on the east side of South Tryon Street between Fairwood Avenue and Remount. (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 site design and transportation. 2017-107_staff_8-28-2017 LH9-4_km9-5_09-07-2017_SA_09-11-2017 FINAL.pdf 2017-107 vicinity map 2017-107 rezoning map revised 2017-107_RevSitePlan_08-15-2017_SAF 41. Rezoning Petition: 2017-117 by Profile Homes Location: Approximately 4.27 acres located at the end of University East Drive, east of Old Concord Road, north of Rocky River Road. (Council District 4 - Phipps) Current Zoning: B-1(CD) (neighborhood business, conditional) Proposed Zoning: O-1 (office) Staff Recommendation: Staff recommends approval of this petition. 2017-117_Staff_091817 LH8-30_km8-31_SSS090617_SA_09-13-2017final 2017-117 old vicinity map 2017-117 old rezoning map Previously Approved Cover Page 2017-117 approved site plan 1980-035C City of Charlotte Page 28 Printed on 9/15/2017 City Council Zoning Meeting Zoning Agenda September 18, 2017 42. Rezoning Petition: 2017-119 by Brinker Properties, LLC Location: Approximately 6.81 acres located on the north side of Nations Ford Road, west of I-485. (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) Proposed Zoning: I-2 (general industrial) Staff Recommendation: Staff recommends approval of this petition. 2017-119_staff_9-18-17_MR LH9-4_km9-6_MR9-8_Final_SA_09-11-2017 FINAL.pdf 2017-119 old vicinity map 2017-119 old rezoning map 43. Rezoning Petition: 2017-122 by Victory Christian Center, Inc. Location: Approximately 4.42 acres located on east of Nations Ford Road, north of E. Hebron Street. (Council District 3 - Mayfield) Current Zoning: INST (institutional) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2017-122_staff_9-18-17_MR LH08-29_km08-31_MR9-8_Final_SA_09-11-2017 FINAL.pdf 2017-122 old vicinity map 2017-122 old rezoning map 44. Rezoning Petition: 2017-126 by The Church of Jesus Christ of Latter-day Saints Location: Approximately 2.5 acres located off Mallard Oaks Drive, west of John Adams Road, east of Interstate 85. (Council District 4 - Phipps) Current Zoning: O-1(CD) (office district, conditional) Proposed Zoning: B-1 (neighborhood business) Staff Recommendation: Staff recommends approval of this petition. 2017-126_Staff_8.23.17_MR LH9-6_MR9-11_Final_SA_09-12-2017 FINAL.pdf 2017-126 old vicinity map 2017-126 old rezoning map Previously Approved Cover Page 2017-126 approved site plan 2006-082 City of Charlotte Page 29 Printed on 9/15/2017