City Council Zoning Meeting
Regular MeetingCharlotte, NC · November 20, 2017
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
Monday, November 20, 2017
5:00 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 November 20, 2017
DINNER BRIEFING
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina convened for a Dinner
Briefing on Monday, November 20, 2017 at 5:15 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 Patsy Kinsey, Council Member Vi Lyles, Council Member
LaWana Mayfield, Council Member James Mitchell, Council Member Kenny Smith,
and Carlenia Ivory
Absent: 2- Council Member Julie Eiselt, and Council Member Claire Fallon
AUN: 1- Council Member Greg Phipps
1. 15-6965 Meeting Agenda
This matter was For Information Only.
Council member Phipps arrived at 5:17 p.m.
ROLL CALL
Present: 10 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Ed
Driggs, Council Member Patsy Kinsey, Council Member Vi Lyles, Council Member
LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps,
Council Member Kenny Smith, and Carlenia Ivory
Absent: 2- Council Member Julie Eiselt, and Council Member Claire Fallon
2. 15-6966 Dinner Meeting Agenda
This matter was For Information Only.
3. 15-6816 Follow Up Report
This matter was For Information Only
CLOSED SESSION
A motion was made by Council Member Driggs and seconded by Council
Member Mayfield to Go into Closed Session pursuant to NCGS 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 Timothy Scott Bridges v. City of
Charlotte, et al, 3:16-CV-564. The motion carried unanimously.
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RECESS
The meeting recessed at 5:25 p.m. to go into closed session in CH-14. The closed
session recessed at 5:44 p.m. to move to the Meeting Chamber for the regularly
scheduled Zoning meeting.
ZONING MEETING
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina reconvened for a Zoning
Meeting on Monday, November 20, 2017 at 5:52 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 Patsy Kinsey, Council Member Vi Lyles, Council Member
LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps,
Council Member Kenny Smith, and Carlenia Ivory
Absent: 2- Council Member Julie Eiselt, and Council Member Claire Fallon
INTRODUCTIONS
INVOCATION
Mayor Roberts explained the protocol for the invocation followed by a moment of
silence.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by the Webelos 1s & 2s, Pack 3,
Myers Park United Methodist Church.
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, December 5, 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.
DEFERRALS
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ZONING DECISIONS
4. 15-6860 Rezoning Petition: 2016-120 by Charter Properties, Inc.
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the decison on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
5. 15-6851 Rezoning Petition: 2017-059 by Saturday Night, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the decison on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
6. 15-6862 Rezoning Petition: 2017-101 by Optimist Park Partners, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the decison on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
7. 15-6924 Rezoning Petition: 2016-109 by Royal Panthera, LLC
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 Ajmera to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
8. 15-6925 Rezoning Petition: 2017-071 by Saussy Burbank, LLC
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.
9. 15-6852 Rezoning Petition: 2017-074 by Fine Plaza, 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.
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10. 15-6926 Rezoning Petition: 2017-083 by CapRock LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the decision on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
11. 15-6927 Rezoning Petition: 2017-104 by Cambridge Properties, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer this Zoning Decision. The motion carried unanimously.
by the following vote:
12. 15-6928 Rezoning Petition: 2017-106 by Charlotte Rescue Mission
A motion was made by Ivory and seconded by Council Member Mitchell to
Approve this Rezoning Petition. The motion carried unanimously.
A motion was made by Ivory and seconded by Council Member Driggs to Adopt
the Statement of Consistency for this Zoning Decision. The motion carried
unanimously.
13. 15-6929 Rezoning Petition: 2017-111 by Lincoln Harris, LLC
A motion was made by Council Member Phipps and seconded by Council
Member Driggs to Approve this Rezoning Petition. 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.
14. 15-6930 Rezoning Petition: 2017-113 by Kolter Homes, 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.
15. 15-6931 Rezoning Petition: 2017-114 by Bainbridge Companies
A motion was made by Council Member Phipps and seconded by Council
Member Mayfield Not to refer this Rezoning Petition back to the Zoning
Committee for review. The motion carried unanimously.
A motion was made by Council Member Phipps and seconded by Council
Member Mitchell to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Phipps and seconded by Council
Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes November 20, 2017
16. 15-6933 Rezoning Petition: 2017-115 by CapRock, LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Smith 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.
17. 15-6934 Rezoning Petition: 2017-116 by JKS Management 1600 Montford, LLC
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.
18. 15-6935 Rezoning Petition: 2017-120 by Flywheel Group
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.
19. 15-6937 Rezoning Petition: 2017-123 by Harris Teeter, LLC
A motion was made by Council Member Phipps and seconded by Council
Member Mayfield to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Phipps and seconded by Council
Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
20. 15-6938 Rezoning Petition: 2017-124 by Stockbridge 77 Corporate Park, LLC
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.
21. 15-6940 Rezoning Petition: 2017-125 by Eastgroup Properties
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Approve this Rezoning Petition. The motion carried
unanimously.
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A motion was made by Council Member Mayfield and seconded by Council
Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
ZONING HEARINGS
22. 15-6945 Rezoning Petition: 2017-050 by Circa Investments, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the hearing on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
23. 15-6946 Rezoning Petition: 2017-141 by Beacon Partners
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Defer the hearing on this Rezoning Petition to December 18,
2017. The motion carried unanimously.
24. 15-6638 Rezoning Petition: 2017-095 by Lincoln Harris, LLC
The following speaker(s) addressed City Council regarding this petition:
Colin Brown
Steve Smith
Victoria Munley
A motion was made by Council Member Driggs and seconded by Ivory to Close
the Public Hearing. The motion carried unanimously.
25. 15-6913 Rezoning Petition: 2017-102 by David Weekley Homes
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 Lyles to Close the Public Hearing. The motion carried unanimously.
26. 15-6914 Rezoning Petition: 2017-108 by Arden Group, LLC
The following speaker(s) addressed City Council regarding this petition:
Jay Priester
Bradley Dilks
A motion was made by Council Member Phipps and seconded by Council
Member Mayfield to Close the Public Hearing. The motion carried unanimously.
27. 15-6854 Rezoning Petition: 2017-121 by Flywheel Group
A motion was made by Council Member Driggs to Schedule this Rezoning
Petition for Decision on November 27, 2017. The motion carried unanimously.
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The following speaker(s) addressed City Council regarding this petition:
Bridget Grant
Tony Kuhn
Roma Johnson
A motion was made by Council Member Driggs and seconded by Council
Member Mayfield to Close the Public Hearing. The motion carried unanimously.
28. 15-6915 Rezoning Petition: 2017-127 by Craig Smith
The following speaker(s) addressed City Council regarding this petition:
Vaughn Pollman
A motion was made by Council Member Driggs and seconded by Council
Member Mayfield to Close the Public Hearing. The motion carried unanimously.
29. 15-6855 Rezoning Petition: 2017-130 by TwentyNine Fifteen Operations, LLC
The following speaker(s) addressed City Council regarding this petition:
Jason Mathis
Tricia Kesling
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
30. 15-6916 Rezoning Petition: 2017-131 by Saussy Burbank, LLC
The following speaker(s) addressed City Council regarding this petition:
Colin Brown
A motion was made by Council Member Mayfield and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
31. 15-6919 Rezoning Petition: 2017-134 by 813 Belmont, LLC
The following speaker(s) addressed City Council regarding this petition:
Colin Jenest
A motion was made by Council Member Mayfield and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
32. 15-6920 Rezoning Petition: 2017-140 by Midwood-Overlook, LLC
The following speaker(s) addressed City Council regarding this petition:
Russell Fergusson
A motion was made by Council Member Ajmera and seconded by Council
Member Ajmera to Close the Public Hearing. The motion carried unanimously.
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MAYOR AND COUNCIL TOPICS
The City Council members may share information and raise topics for discussion.
ADJOURNMENT
A motion was made by Council Member Mitchell and seconded by Council
Member Mayfield to Adjourn the meeting. The motion carried unanimously. The
meeting adjourned at 8:01 p.m.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, November 20, 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 November 20, 2017
5:00 P.M. DINNER MEETING, CH-14
1. Meeting Agenda
2. Dinner Meeting Agenda
1. Agenda Review - Tammie Keplinger
Dinner Agenda November final final
3. Follow Up Report
Follow-Up Report November 2017_final final
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City Council Zoning Meeting Zoning Agenda November 20, 2017
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
ZONING DECISIONS
4. Rezoning Petition: 2016-120 by Charter Properties, Inc.
Deferral - 1 month due to election year laws (December 18,
2017)
Location: Approximately 76.77 acres located on the north side of Brown-Grier Road near the intersection
of Steele Creek Road and Brown-Grier Road. (Council District 3 - Mayfield)
Current Zoning: R-3 (single family residential)
Proposed Zoning: R-12MF(CD) (multi-family residential, conditional, with five-year vested rights)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to DEFER this petition to the Zoning Committee Work Session on
December 5, 2017.
5. Rezoning Petition: 2017-059 by Saturday Night, LLC
Requesting Deferral to December 18, 2017
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)
Zoning Committee Recommendation:
The Zoning Committee voted 6-1 to recommend APPROVAL of this petition.
2017-059_reco_CLG9-15 FINAL
2017-059 Map
6. Rezoning Petition: 2017-101 by Optimist Park Partners, LLC
Deferral - 1 month due to election year laws (December 18,
2017)
Location: Approximately 2.17 acres located on the north and south sides of East 16th Street, and east of
the intersection of East 16th Street and Parkwood Avenue. (Council District 1 - Kinsey)
Current Zoning: R-22MF (multi-family residential), R-8 (single family residential), B-2 (general business),
and B-1 (neighborhood business)
Proposed Zoning: TOD-R(O) (transit oriented development-residential, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to DEFER this petition to the Zoning Committee Work Session on
December 5, 2017.
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City Council Zoning Meeting Zoning Agenda November 20, 2017
7. Rezoning Petition: 2016-109 by Royal Panthera, LLC
Location: 3.3 acres located north of interstate 85 and south of Tuckaseegee Road across from Toddville
Road. (Council District 3 - Mayfield)
Current Zoning: R17MF AIR (multi-family residential, airport noise overlay)
Proposed Zoning: O-2(CD) AIR (office, conditional, airport noise overlay)
Zoning Committee Recommendation:
Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the Westside Strategic Plan, based on information from the staff
analysis and the public hearing, and because:
· The petition is consistent with the office/business park land use recommendation for the site, as per
the Westside Strategic 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 property is located north of Charlotte-Douglas International Airport and within the “Combined 1996
Noise Exposure/Noise Compatibility Program Noise Contours” which identifies the day/night average
sound level at 65 decibels, and which is not conducive to residential development; and
· The proposed hotel use is consistent with the office/business park land use recommended for this site
as per the Westside Strategic Plan and is more compatible with the airport functions than multi-family
residential; and
· The rezoning proposes improvements to the site which include landscaping along Queen City Drive
which is a frontage road for Interstate 85 and buffers adjacent to the existing single family homes; and
· The proposal also commits to an internal street that advances the City’s goal for additional street
network.
2016-109_reco_11-1-2017_final
2016-109_staff_11-20-2017_post_final
2016-109 map final
2016-109_RevSItePlan_10-24-2017
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8. Rezoning Petition: 2017-071 by Saussy Burbank, LLC
Location: Approximately 1.5 acres located on the north side of East 36th Street between Spencer Street
and Charles Avenue. (Council District 1 - Kinsey)
Current Zoning: R-22MF (multi-family residential) and R-5 (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency
The proposed rezoning is inconsistent with the the Blue Line Extension Transit Station Area Plans, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends low density residential uses for these properties.
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 East 36th Street, which is a thoroughfare that serves as a feeder to
the proposed transition station located on East 36th Street; and
· The proposal has buildings fronting East 36th Street, and Spencer Street with parking behind; and
· Buildings are sensitive to and consistent with established adjacent single family detached dwellings as
they have larger setbacks, usable porches and stoops, architectural elements that minimize garages,
parking via internal driveways, and similar heights; and
· Proposed uses are compatible with surrounding residential and institutional uses.
2017-71_reco_11-01-17final
2017-71_POSTStaff_112017_final
2017-071 map final (revised)
2017-71_REVsiteplan_111317
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City Council Zoning Meeting Zoning Agenda November 20, 2017
9. 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)
Zoning Committee Recommendation:
The Zoning Committee voted 7-0 to recommend APPROVAL as presented by staff, with one outstanding
issue remaining.
Staff Recommendation:
Staff disagrees with the recommendation of the Zoning Committee and believes that there should be a
commitment to replace all inadequate sidewalks and planting strips along the site frontage before Council
approval.
Statement of Consistency:
The Zoning Committee found this petition to be consistent with the Central District Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends retail uses.
Therefore, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The site is located on The Plaza, and this section of the street is a commercial corridor that serves
surrounding neighborhoods; and
· This project proposes to repurpose the existing building for uses allowed in the MUDD (mixed use
development) district; and
· The retail and office uses that would be allowed by MUDD (mixed use development) zoning could
provide goods and services to the residents of the adjoining neighborhoods; and
· Some parking is being provided on site, though reuse of the existing building limits the area for parking.
However, limited parking in this location is appropriate as the property is located in a commercial
corridor surrounding by walkable neighborhoods; and
· This proposal calls for enhancement of the pedestrian environment in front of this building. Specifically,
existing parking along The Plaza will be replaced with outdoor seating and service areas, four existing
driveway cuts on The Plaza will be removed, and remaining parking for the site will be located to the
sides and rear of the building.
2017-74_Reco_100317
2017-074 Map
2017-074_RevSitePlan_11-03-2017
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10. Rezoning Petition: 2017-083 by CapRock LLC
Deferral - 1 month due to election year laws (December 18,
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)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
11. Rezoning Petition: 2017-104 by Cambridge Properties, LLC
Deferral - 1 month due to election year laws (December 18,
2017)
Location: Approximately 25.6 acres located on the south side of McKee Road between Providence Hills Drive
and Carrington Forest Lane. (Council District 7 - Driggs)
Current Zoning: R-3 (single family residential)
Proposed Zoning: R-5(CD) (single family residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
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12. Rezoning Petition: 2017-106 by Charlotte Rescue Mission
Location: Approximately 1.37 acres located at the northwest intersection of West 1st Street and South
Cedar Street, north of West Morehead Street. (Council District 2 - Ivory)
Current Zoning: MUDD (mixed use development)
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 recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the West Morehead Corridor Vision and Concept Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends institutional uses and park/ opens 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:
· The plan recommendation for institutional uses recognized the established institutional use, the
Charlotte Rescue Mission, and the recommendation for office retail and multi-family reflected for the
existing vacant lot; and
· Key plan recommendations for the subject site and surrounding properties include: preservation and
reuse of older buildings; development of similar building types on vacant property; and enhancement of
the pedestrian environment; and
· The reuse of the existing building for an eating/drinking/entertainment establishment is consistent with
the adopted plan’s recommendation for preservation of older buildings; and
· The proposed eating/drinking/entertainment establishment supports the mission and objectives of the
established institutional use and is compatible with the recommendation for a mix of residential, office
and retail uses on the subject parcel and surrounding properties; and
· The proposed urban open space is consistent with the recommendation for park/open space and
improves the pedestrian environment.
2017-106_Reco_11-01-2017_final
2017-106_staff_11-20-2017_post_final
2017-106 map final
2017-106_RevSitePlan_10-24-2017
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City Council Zoning Meeting Zoning Agenda November 20, 2017
13. Rezoning Petition: 2017-111 by Lincoln Harris, LLC
Location: Approximately 2.13 acres located on South Church Street, north of John Belk Freeway and
south of East Stonewall Street. (Council District 2 - Ivory)
Current Zoning: UMUD (uptown mixed use)
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 recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is 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 an existing uptown building to permit
additional wall signage; and
· Three sign areas, equal to 270 square feet, are proposed for the four sides of the top parapet on the
33-story building currently under construction; and
· One sign area, equal to 600 square feet, is proposed along Hill Street.
· The proposed signage will have limited impact due to its location above the ground-floor and its size in
comparison to the building; and
· All other signage will conform to the UMUD zoning district standards.
2017-111_reco_11-01-2017_final
2017-111_staff_11-20-2017_post_final
2017-111 Map final
2017-111_RevSitePlan_10-24-2017
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City Council Zoning Meeting Zoning Agenda November 20, 2017
14. Rezoning Petition: 2017-113 by Kolter Homes, LLC
Location: Approximately 8.3 acres located on the east side of Cresswind Boulevard, north of Albemarle
Road, east of I-485 and west of Rocky River Church Road. (Council District 5 - Ajmera)
Current Zoning: MX-1(INNOV) (mixed use, innovative standards)
Proposed Zoning: NS (neighborhood services)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of the petition.
Statement of Consistency:
The proposed rezoning is consistent with the Albemarle Road/I-485 Interchange Study, based on
information from the staff analysis and the public hearing, and because:
· The petition is consistent with the adopted plan, as amended by previous rezoning petition 2015-101.
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 current zoning, as approved by rezoning petition 2015-101, allows an amenity site for a community
clubhouse, passive/active open spaces, picnic shelters, gazebos, ball fields, maintenance buildings and
outdoor recreation uses. However, the petition did not include indoor recreation as a permitted use;
and
· Indoor recreation is not allowed in the MX-1 (mixed use) district. Therefore, NS (neighborhood
services) district is proposed; and
· No other changes are proposed to the approved plan other than to allow an indoor swimming pool; and
· An indoor swimming pool will serve the up to 850 detached age restricted dwelling units allowed in
Development Area A.
2017-113_reco_110117_final
2017-113_POSTStaff _112017_final
2017-113 Map final
2017-113_RevSitePlan_10-24-2017
City of Charlotte Page 10 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
15. Rezoning Petition: 2017-114 by Bainbridge Companies
Location: Approximately 26.26 acres located on J.N. Pease Place, north of Ben Craig Drive and east of
Mallard Creek Road. (Council District 4 - Phipps)
Current Zoning: O-1(CD) (office, conditional) and RE-1 (research)
Proposed Zoning: R-12MF(CD) (multi-family residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is inconsistent with the University Research Park Area Plan, based on information
from the staff analysis and the public hearing, and because:
· The petition is inconsistent with the office land use recommendation for this site as per the University
Research Park Area 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 site is within the University Research Park Mixed Use Activity Center, and the overall intent of the
University Research Park Area Plan is to encourage the introduction of a variety of complementary infill
developments throughout the Research Park; and
· The proposed residential development, while not consistent with the adopted office land use for the
site or the density per the General Development Policies, is consistent with the overall intent for the
University Research Park Mixed Use Activity Center; and
· The proposed moderate intensity residential use will provide additional housing options within the
University Research Park, which is currently predominantly developed with office uses; and
· As part of the proposed development, Ben Craig Drive will be extended, supporting the City’s goal of
enhanced street connectivity; and
· The proposed site plan also includes a connection to the Mallard Creek Greenway, supporting the intent
of the developing greenway system to be used for transportation and/or recreation.
2017-114_reco_11-1-2017_final
2017-114_staff_11-20-2017_post_final
2017-114 map final
2017-114_RevSitePlan_11-08-2017
City of Charlotte Page 11 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
16. Rezoning Petition: 2017-115 by CapRock, LLC
Location: Approximately 4.64 acres located on the east side of Eastway Drive, south of North Tryon
Street and north of the Blue Line Extension. (Council District 1 - Kinsey)
Current Zoning: B-2 (general business)
Proposed Zoning: TOD-R(CD) (transit oriented development-residential, conditional, with five-year vested
rights)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of the petition.
Statement of Consistency:
The proposed rezoning is consistent with the Blue Line Extension Transit Station Area Plan and the plan’s
height policy recommendation, based on information from the staff analysis and the public hearing, and
because:
· The plan recommends transit supportive uses.
Therefore, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The site is between ¼ and ½ mile walk distance from the Old Concord Transit Station; and
· The proposal provides up to 132 senior multi-family housing units within a transit station area; and
· The petition proposes to redevelop a vacant infill site, thereby minimizing environmental impacts while
accommodating growth; and
· The proposed development will support future area connectivity by providing a public street connection
to abutting property located to the west of the site; and
· Development on this site will provide a transition between the commercial uses along North Tryon
Street and the lower density residential development adjacent to the site across Eastway Drive; and
· Given the proximity to the adjacent neighborhood across Eastway Drive, the building should adhere to
the adopted policy and limit building height to 50-feet.
2017-115_reco_110117_final
2017-115_post staff_112017_final
2017-115 map final
2017-115_RevSitePlan_11-03-2017
City of Charlotte Page 12 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
17. Rezoning Petition: 2017-116 by JKS Management 1600
Montford, LLC
Location: Approximately 0.82 acres located on the south side of Montford Drive, east of Park Road.
(Council District 6 - Smith)
Current Zoning: B-1 (neighborhood business)
Proposed Zoning: MUDD-O (mixed use development, optional)
Zoning Committee Recommendation:
The Zoning Committee Recommendation voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the Park Woodlawn Area Plan, based on information from the staff
analysis and the public hearing, and because:
· The plan recommends a mix of higher intensity uses (retail and/or office) in a pedestrian friendly form
for the area in which the site is located; and
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 in the Park/Woodlawn Mixed Use Activity Center, which is a priority area to
accommodate future growth in an urban, pedestrian-oriented development form; and
· The proposal is consistent with the design guidelines in the adopted area plan, and supports specific
recommendations from the plan for walkability by placing a building along the Montford Drive street
frontage with street level entrances and activity, and locating parking and circulation primarily behind
the building, and
· The proposal is consistent with the plan’s Montford Drive streetscape concept and supports the City’s
future Montford Drive streetscape improvement project by enhancing the pedestrian environment by
providing a 20-foot setback from back of curb along Montford Drive, incorporating a 12-foot walkway
and eight-foot amenity zone with street trees, and installing on-street parallel parking along the full
street frontage; and
· The proposal preserves and improves an unnamed street segment along the site’s west edge with
on-street parallel parking, sidewalk and planting. This street segment is under study for a possible
future extension southward to Abbey Place, and if constructed, this connection would improve the area
street network, and
· This petition is consistent with other recent, nearby rezonings to MUDD (mixed use development) to
accommodate and achieve the urban, pedestrian-oriented form envisioned by the adopted plan.
2017-116_ZCreco_11-1-17_final
2017-116_staff_10-16-17_Post_final
2017-116 map final
2017-116_RevSitePlan_11-03-2017
City of Charlotte Page 13 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
18. Rezoning Petition: 2017-120 by Flywheel Group
Location: Approximately 8.3 acres located on the west side of East Sugar Creek Road at the intersection
of Raleigh Street, north the Blue Line Extension. (Council District 1 - Kinsey)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M(O) (transit oriented development - mixed, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the Blue Line Extension Transit Station Area Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends transit supportive uses through new development and 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 subject site is located at the Sugar Creek Transit Station on the LYNX Blue Line Extension; and
· The proposed rezoning allows a site zoned for industrial use to be redeveloped with transit supportive
uses; and
· The proposal allows for all uses in the TOD-M (transit oriented development - mixed-use) district, which
include office, residential, retail, and civic uses; and
· The realignment of Raleigh Street at Sugar Creek Road and commitments for the Cross Charlotte Trail
will improve both the pedestrian and vehicular travel patterns; and
· Design standards beyond the ordinance requirements will enhance the quality of the built environment
at a transit station.
2017-120_reco_110117_final
2017-120_staff_101617_post hearing_final
2017-120 map final
2017-120 REVsiteplan_110717
City of Charlotte Page 14 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
19. Rezoning Petition: 2017-123 by Harris Teeter, LLC
Location: Approximately 0.53 acres located on the south side of University City Boulevard, east of East
W.T. Harris Boulevard. (Council District 4 - Phipps)
Current Zoning: B-1SCD (business shopping center (old shopping district))
Proposed Zoning: B-2(CD) (general business, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the University City Area Plan, based on information from the staff
analysis and the public hearing, and because:
· The plan recommends office, retail, and civic/institutional uses for the 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 proposed retail use is located in the existing Town Center Plaza shopping center, fronts a major
thoroughfare, and is near the signalized intersection of University City Boulevard and W.T. Harris
Boulevard; and
· The proposed use is consistent with the land use recommendation for retail uses; and
· Vehicular access is provided via existing driveways on University City Boulevard. This result in limited
driveway conflicts, which is important to the function and safety of the multi-use path recommended
along University City Boulevard and W.T. Harris Boulevard; and
· Pedestrian access will be enhanced via an off-site sidewalk connection to existing sidewalk along
University City Boulevard.
2017-123_reco_110117_final
2017-123_Staff_112017_POST ANALYSIS_final
2017-123 map final
2017-123_REVsiteplan_111317
City of Charlotte Page 15 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
20. Rezoning Petition: 2017-124 by Stockbridge 77 Corporate
Park, LLC
Location: Approximately 2.77 acres located off Saint Vardell Lane, north of Clanton Road, east of
Interstate. (Council District 3 - Mayfield)
Current Zoning: B-D (distributive business)
Proposed Zoning: B-2(CD) (general business, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is inconsistent with the Scaleybark Transit Station Area Plan, based on information
from the staff analysis and the public hearing, and because:
· The plan recommends office, industrial, or warehouse-distribution uses for the site.
However, this petition was found to be reasonable and in the public interest, based on information from the
staff analysis and the public hearing, and because:
· The subject site is located in an existing office/industrial business park; and
· The proposal will maintain the existing building and parking on the site, ensuring that it is in character
with the other sites in the business park; and
· While the proposed zoning is inconsistent with the adopted plan’s land use recommendation, the
proposal allows a range of commercial business uses, such as indoor recreation, wholesale businesses,
government buildings, clinics, and laboratories, which are compatible with the uses in the established
business park; and
· The proposal also prohibits more auto oriented uses, such as retail, restaurants, gasoline sales,
automobile repair shops, bakeries retail, and residential uses on the subject site.
2017-124_reco_11-01-2017_final
2017-124_staff_11-20-2017_post_final
2017-124 Map final
2017-124_RevSitePlan_10-25-2017
City of Charlotte Page 16 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
21. Rezoning Petition: 2017-125 by Eastgroup Properties
Location: Approximately 24.23 acres located on the west side of Sandy Porter Road, north of Interstate
485. (Outside City Limits)
Current Zoning: R-3(AIR) (single family residential, airport noise overlay) and I-1(CD)
(AIR) (light industrial, conditional, airport noise overlay)
Proposed Zoning: I-1(CD)(AIR) (light industrial, conditional, airport noise overlay) and I-1(CD)(SPA)(AIR)
(light industrial, conditional, site plan amendment, airport noise overlay)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
Statement of Consistency:
The proposed rezoning is consistent with the Steele Creek Area Plan, based on information from the staff
analysis and the public hearing, and because:
· The petition is consistent with the industrial/warehouse-distribution adopted land use for this site as
per the Steele Creek Area Plan, and as amended by rezoning petition 2016-009.
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 property is located north of Charlotte-Douglas International Airport and within the “Combined 1996
Noise Exposure/Noise Compatibility Program Noise Contours” which identifies the day/night average
sound level at 65 decibels, and which is not conducive to residential development; and
· The rezoning for the largest portion of the property is consistent with the adopted industrial land uses
recommended for the site; and
· The smaller portion of the site zoned R-3, is recommended for office/industrial land uses by the Steele
Creek Area Plan, and includes an existing auto/body repair shop that is a legal non-conforming use; and
· The proposed development expands an existing warehouse/distribution industrial park along Steele
Creek Road, Shopton Road, and Interstate 485 and is compatible with the uses in the surrounding area.
2017-125_reco_11-1-2017_final
2017-125_staff_11-20-2017_CLG post_final
2017-125 map final
2017-125_RevSitePlan_10-24-2017
City of Charlotte Page 17 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
ZONING HEARINGS
22. Rezoning Petition: 2017-050 by Circa Investments, LLC
Requesting Deferral to December 18, 2017
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)
2017-050 Circa Investments, LLC
23. Rezoning Petition: 2017-141 by Beacon Partners
Requesting Deferral to December 18, 2017
Location: Approximately 39.7 acres located on the west side of Old Statesville Road, north of Gibbon Road.
(Council District 2 - Ivory)
Current Zoning: I-1(CD) (light industrial, conditional)
Proposed Zoning: I-1 (light industrial)
2014-141 Beacon Partners
24. Rezoning Petition: 2017-095 by Lincoln Harris, LLC
Location: 75 acres located between Ardrey Kell Road and Golf Links Drive, West of Providence Road.
(Council District 7 - Driggs)
Current Zoning: MUDD-O (mixed use development, optional) and B-2(CD) (general business, conditional).
Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) with five year
vested rights.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issue related to transportation
notes and a requested technical revision.
2017-095_PHstaff_11-20-92_done
2017-095 new vicinity and rezoning map
2017-095_RevSitePlan_09-12-2017
Previously Approved Cover Page
2017-095_PrevAprovedPlan_2015-022AAJan2017-complete
City of Charlotte Page 18 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
25. Rezoning Petition: 2017-102 by David Weekley Homes
Location: Approximately 3.63 located on the north side of Rea Road between Colony Road and Chadwyck
Farms Drive. (Council District 7 - Driggs)
Current Zoning: R-3 (single family residential)
Proposed Zoning: UR-2(CD), with five-year vested rights
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues and requested technical
revisions related to transportation, site and building design, and the environment.
2017-102_PHstaff_11-20-17_done
2017-102 Map Final
2017-102_RevSitePlan_10-17-2017
26. Rezoning Petition: 2017-108 by Arden Group, LLC
Location: Approximately 14.2 acres located along McFarlene Boulevard, and south of University City
Boulevard. (Council District 4 - Phipps)
Current Zoning: I-1 (light industrial) and B-2(CD) (general business, conditional)
Proposed Zoning: MUDD-O (mixed use development, optional) with five-year vested rights
Staff Recommendation:
Staff Recommends approval of this petition upon resolution of outstanding issues related to site and
building design.
2017-108_PHstaff_112017_done
2017-108 Map
2017-108_RevSitePlan_10-17-2017
Previously Approved Cover Page
2017-108 Prev approved plan 2013-052
27. Rezoning Petition: 2017-121 by Flywheel Group
Location: Approximately 19.12 acres located on the north side at the end of Raleigh Street, east of East
Sugar Creek Road. (Council District 1 - Kinsey)
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 transportation,
land use and site and building design.
2017-121_staff_11-020-17_final
2017-121 map revised
2017-121_RevSitePlan_09-12-2017
City of Charlotte Page 19 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
28. Rezoning Petition: 2017-127 by Craig Smith
Location: Approximately 1.49 acres located on the north side of Raleigh Street., east of Sugar Creek
Road. (Council District 1 - Kinsey)
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 transportation
and infrastructure.
2017-127_PHstaff analysis_112017_done
2017-127 map
2017-127_RevSitePlan_10-17-2017
29. Rezoning Petition: 2017-130 by TwentyNine Fifteen
Operations, LLC
Location: Approximately 0.42 acres located on the south side of Griffith Street, east of New Bern Street.
(Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M (transit oriented development-mixed use)
Staff Recommendation:
Staff recommends approval of this conventional petition.
2017-130_staff_11-20-17-final
2017-130 map final
30. Rezoning Petition: 2017-131 by Saussy Burbank, LLC
Location: Approximately 0.70 acres located on the west side of Sharon Road, north of Hazleton Drive.
(Council District 6 - Smith)
Current Zoning: R-3 (single family residential)
Proposed Zoning: UR-2(CD)(urban residential, conditional), with five-year vested rights
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and building
design and transportation along with several technical issues.
2017-131-PH_staff_11-20-17_done-14
2017-131 map
2017-131_RevSitePlan_10-17-2017
City of Charlotte Page 20 Printed on 11/20/2017
City Council Zoning Meeting Zoning Agenda November 20, 2017
31. Rezoning Petition: 2017-134 by 813 Belmont, LLC
Location: Approximately 0.16 acres located at the intersection of the Harrill Street and Belmont Avenue.
(Council District 1 - Kinsey)
Current Zoning: R-5 (single family residential)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation
and site and building design.
2017-134_PHstaff_112017_done115
2017-134 map
2017-134_RevSItePlan_10-17-2017
32. Rezoning Petition: 2017-140 by Midwood-Overlook, LLC
Location: Approximately 0.49 acres located at the southwest corner of Central Avenue and Iris Drive.
(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
and site and building design.
2017-140_PHstaff_112017_done
2017-140 map revised
2017-140_RevSitePlan_10-17-2017
City of Charlotte Page 21 Printed on 11/20/2017