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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · June 17, 2019

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Minutes Monday, June 17, 2019 5:30 PM Council Chambers City Council Zoning Meeting Mayor Vi Lyles Mayor Pro Tem Julie Eiselt Council Member Dimple Ajmera Council Member Tariq Scott Bokhari Council Member Ed Driggs Council Member Larken Egleston Council Member Justin Harlow Council Member LaWana Mayfield Council Member James Mitchell Council Member Matt Newton Council Member Greg Phipps Council Member Braxton Winston II City Council Zoning Meeting Meeting Minutes June 17, 2019 SPECIAL MEETING CALL TO ORDER The City Council of the City of Charlotte, North Carolina convened for a Special Meeting on Monday, June 17, 2019 at 4:36 p.m. in CH-14 of the Charlotte Mecklenburg Government Center with Mayor Pro Tem Vi Lyles presiding. Present: 11 - Mayor Vi Lyles, Council Member Tariq Scott Bokhari, Council Member Ed Driggs, Council Member Larken Egleston, Mayor Pro Tem Julie Eiselt, Council Member Justin Harlow, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Matt Newton, Council Member Greg Phipps, and Council Member Braxton Winston II Absent: 1- Council Member Dimple Ajmera Closed Session A motion was made by Council Member Egleston and seconded by Council Member Phipps to Go into Closed Session pursuant to GS 143-318.11(a)(4) to discuss a matter relating to the location of industries or businesses in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. The motion carried unanimously. RECESS The meeting recessed at 4:37 p.m. to go into closed session in CH-14. Council Members Harlow and Mitchell arrived at 4:39 p.m. The meeting returned to open session at 5:16 p.m. in CH-14. Mayor Lyles requested the cancellation of the July 1, 2019 Strategy Session. Marcus Jones, City Manager agreed to cancel the meeting. 1. 15-11159 5:00 P.M. DINNER MEETING, CH-14 This agenda item was for information only. 2. 15-11160 Dinner Meeting Agenda This agenda item was for information only. 3. 15-11161 Follow Up Report This agenda item was for information only. RECESS The meeting recessed at 5:19 p.m. to move to the Meeting Chamber for the regularly scheduled Zoning meeting. City of Charlotte Page 1 City Council Zoning Meeting Meeting Minutes June 17, 2019 ZONING MEETING CALL TO ORDER The City Council of the City of Charlotte, North Carolina reconvened for a Zoning Meeting on Monday, June 17, 2019 at 5:34 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Pro Tem Julie Eiselt presiding. Present: 10 - Council Member Tariq Scott Bokhari, Council Member Ed Driggs, Council Member Larken Egleston, Mayor Pro Tem Julie Eiselt, Council Member Justin Harlow, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Matt Newton, Council Member Greg Phipps, and Council Member Braxton Winston II Absent: 2- Mayor Vi Lyles, and Council Member Dimple Ajmera INTRODUCTIONS INVOCATION Council Member Mayfield led the invocation. PLEDGE OF ALLEGIANCE EXPLANATION OF A ZONING MEETING Mayor Pro Tem Eiselt explained the rules and procedures of the Zoning meeting. INTRODUCTION OF THE ZONING COMMITTEE Samuel Spencer, Chairperson-Elect, introduced the members of the Zoning Committee and said the Committee will meet Tuesday, July 2, 2019 at 5:30 p.m. in the Charlotte Mecklenburg Government Center to discuss and make recommendations on the petitions that have public hearings tonight. DEFERRALS AND WITHDRAWALS 4. 15-11162 Rezoning Petition: 2018-145 by Brendan Mylton A motion was made by Council Member Egleston and seconded by Council Member Harlow to Withdraw this Rezoning Petition. The motion carried unanimously. 5. 15-11149 Rezoning Petition: 2018-110 by Mattamy Homes A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. City of Charlotte Page 2 City Council Zoning Meeting Meeting Minutes June 17, 2019 6. 15-11150 Rezoning Petition: 2018-127 by Blue Azela-Providence, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 7. 15-11151 Rezoning Petition: 2018-147 by Laurel Street Residential A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to September 16, 2019. The motion carried unanimously. 8. 15-11152 Rezoning Petition: 2018-167 by Verde Homes, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 9. 15-11155 Rezoning Petition: 2019-005 by Ardent Acquisitions, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 10. 15-11153 Rezoning Petition: 2019-006 by Amerco Real Estate Company A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 11. 15-11154 Rezoning Petition: 2019-008 by CoHab, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 12. 15-11158 Rezoning Petition: 2018-163 by Suncap Property Group, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 22. 15-11171 Rezoning Petition: 2019-032 by US Developments, Inc A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the decision on this Rezoning Petition to September 16, 2019. The motion carried unanimously. City of Charlotte Page 3 City Council Zoning Meeting Meeting Minutes June 17, 2019 25. 15-11176 Rezoning Petition: 2019-014 by Mission Properties A motion was made by Council Member Egleston and seconded by Council Member Harlow to Withdraw this Rezoning Petition. The motion carried unanimously. 26. 15-11184 Rezoning Petition: 2019-028 by HHHunt A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the hearing on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 28. 15-11185 Rezoning Petition: 2019-029 by Crescent Communities A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the hearing on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 29. 15-11186 Rezoning Petition: 2019-030 by Continental 475 Fund, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the hearing on this Rezoning Petition to July 15, 2019. The motion carried unanimously. 42. 15-11175 Rezoning Petition: 2019-027 by Liberty Property Trust A motion was made by Council Member Egleston and seconded by Council Member Harlow to Defer the hearing on this Rezoning Petition to July 15, 2019. The motion carried unanimously. DECISIONS 13. 15-11156 Rezoning Petition: 2018-165 by NRP Properties, LLC A motion was made by Council Member Harlow and seconded by Council Member Mitchell to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried by the following vote: Yea: 9- Council Member Scott Bokhari, Council Member Driggs, Council Member Egleston, Mayor Pro Tem Eiselt, Council Member Harlow, Council Member Mayfield, Council Member Mitchell, Council Member Newton, and Council Member Phipps Nay: 1- Council Member Winston II City of Charlotte Page 4 City Council Zoning Meeting Meeting Minutes June 17, 2019 14. 15-11157 Rezoning Petition: 2019-001 by The 6125 Company, LLC A motion was made by Council Member Harlow and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 15. 15-11163 Rezoning Petition: 2019-002 by Laurel Street Residential, LLC A motion was made by Council Member Egleston and seconded by Council Member Harlow to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 16. 15-11164 Rezoning Petition: 2019-003 by Laurel Street Residential, LLC A motion was made by Council Member Phipps and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 17. 15-11165 Rezoning Petition: 2019-013 by Andrew Klenk A motion was made by Council Member Egleston and seconded by Council Member Harlow to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 18. 15-11166 Rezoning Petition: 2019-015 by Greg Godley/Sugar Creek Ventures A motion was made by Council Member Egleston and seconded by Council Member Harlow to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 19. 15-11168 Rezoning Petition: 2019-024 by Investicore, LLC A motion was made by Council Member Harlow and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 20. 15-11169 Rezoning Petition: 2019-025 by White Point Partners, LLC A motion was made by Council Member Harlow and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. City of Charlotte Page 5 City Council Zoning Meeting Meeting Minutes June 17, 2019 21. 15-11170 Rezoning Petition: 2019-026 by Beacon Development A motion was made by Council Member Harlow and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. 23. 15-11172 Rezoning Petition: 2019-048 by B&B RE Ventures, LLC A motion was made by Council Member Harlow and seconded by Council Member Newton to Adopt the Zoning Committee's Statement of Consistency as Council's own and to Approve this Rezoning Petition. The motion carried unanimously. City of Charlotte Page 6 City Council Zoning Meeting Meeting Minutes June 17, 2019 HEARINGS 24. 15-10973 Public Hearing on a Resolution to Close Right of Way known as Ridgecrest Street There being no speakers, either for or against, a motion was made by Council Member Harlow and seconded by Council Member Newton to Close the Public Hearing. The motion carried unanimously. A motion was made by Council Member Egleston and seconded by Council Member Bokhari to Approve this Public Hearing Item. The motion carried unanimously. 27. 15-11183 Rezoning Petition: 2019-023 by Sinacori Builders The following speakers addressed City Council regarding this rezoning petition: Sara Shirley Marc Friedland Matt Karres Jane Parrish Doug Burns A motion was made by Council Member Winston and seconded by Council Member Newton to Close the Public Hearing The motion carried unanimously. 30. 15-11189 Rezoning Petition: 2019-040 by Aldersgate at Shalom Park Inc. The following speakers addressed City Council regarding this rezoning petition: Nick Tosco Matt Langston Suzanne Pugh Irving Bienstock Timothy Rowley Barbara Devinney Paul Green Tammy Baker A motion was made by Council Member Bokhari and seconded by Council Member Newton to Close the Public Hearing The motion carried unanimously. 31. 15-11190 Rezoning Petition: 2019-042 by Sanctuary Development, LLC There being no speakers, either for or against, a motion was made by Council Member Phipps and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 7 City Council Zoning Meeting Meeting Minutes June 17, 2019 32. 15-11191 Rezoning Petition: 2019-043 by Diamond Back Acquisitions The following speakers addressed City Council regarding this rezoning petition: Keith MacVean Evan Stechmiller Eric Meddaugh Robert Nelson Richard Jones A motion was made by Council Member Mayfield and seconded by Council Member Egleston to Close the Public Hearing The motion carried unanimously. 33. 15-11192 Rezoning Petition: 2019-044 by Panthers Stadium The following speakers addressed City Council regarding this rezoning petition: Jeff Brown Mark Hart Mark Manning A motion was made by Council Member Harlow and seconded by Council Member Egleston to Close the Public Hearing The motion carried unanimously. 34. 15-10185 Rezoning Petition: 2016-112 by Argos Real Estate Advisors, Inc. The following speakers addressed City Council regarding this rezoning petition: Collin Brown Shannon Hughes J'Tanya Adams A motion was made by Council Member Harlow and seconded by Council Member Phipps to Close the Public Hearing The motion carried unanimously. 35. 15-11173 Rezoning Petition: 2018-128 by James Pouitier The following speaker addressed City Council regarding this rezoning petition: Collin Brown A motion was made by Council Member Harlow and seconded by Council Member Newton to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 8 City Council Zoning Meeting Meeting Minutes June 17, 2019 36. 15-10237 Rezoning Petition: 2018-151 by EBA Crystal Real Estate, LLC The following speaker addressed City Council regarding this rezoning petition: Collin Brown A motion was made by Council Member Winston and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. 37. 15-11180 Rezoning Petition: 2018-162 by NRP Properties, LLC The following speakers addressed City Council regarding this rezoning petition: John Carmichael Tom Wilson A motion was made by Council Member Bokhari and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 38. 15-11177 Rezoning Petition: 2019-009 by Joseph Rhodes The following speakers addressed City Council regarding this rezoning petition: Sara Shirley Clarence Wilson Bobby Drakeford A motion was made by Council Member Egleston and seconded by Council Member Bokhari to Close the Public Hearing. The motion carried unanimously. 39. 15-11181 Rezoning Petition: 2019-018 by Canopy CLT The following speaker addressed City Council regarding this rezoning petition: Emily Blackwell A motion was made by Council Member Winston and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 40. 15-11182 Rezoning Petition: 2019-019 by Stanchion Asset Partners The following speaker addressed City Council regarding this rezoning petition: Keith MacVean A motion was made by Council Member Phipps and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 9 City Council Zoning Meeting Meeting Minutes June 17, 2019 41. 15-11174 Rezoning Petition: 2019-021 by McKinney Holdings NC II, LLC The following speaker addressed City Council regarding this rezoning petition: Joel Madden A motion was made by Council Member Phipps and seconded by Council Member Winston to Close the Public Hearing. The motion carried unanimously. 43. 15-11187 Rezoning Petition: 2019-033 by HK Cedarvale, LLC The following speaker addressed City Council regarding this rezoning petition: Walter Fields A motion was made by Council Member Winston and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 44. 15-11188 Rezoning Petition: 2019-034 by United Community School The following speaker addressed City Council regarding this rezoning petition: Ty Shaffer A motion was made by Council Member Phipps and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 45. 15-11193 Rezoning Petition: 2019-045 by Moores Chapel Holdings, LLC The following speaker addressed City Council regarding this rezoning petition: Walter Fields A motion was made by Council Member Mayfield and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 46. 15-11194 Rezoning Petition: 2019-046 by Spectrum Development Company The following speaker addressed City Council regarding this rezoning petition: Keith MacVean A motion was made by Council Member Mayfield and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 10 City Council Zoning Meeting Meeting Minutes June 17, 2019 47. 15-11195 Rezoning Petition: 2019-052 by Beaver Creek CRE LLC The following speaker addressed City Council regarding this rezoning petition: Jeff Brown A motion was made by Council Member Newton and seconded by Council Member Egleston to Close the Public Hearing. The motion carried unanimously. 48. 15-11196 Rezoning Petition: 2019-059 by Win Development, LLC The following speaker addressed City Council regarding this rezoning petition: Keith MacVean A motion was made by Council Member Phipps and seconded by Council Member Bokhari to Close the Public Hearing. The motion carried unanimously. ADJOURNMENT The meeting was adjourned at 10:42 p.m. City of Charlotte Page 11

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, June 17, 2019 Council Chambers City Council Zoning Meeting Mayor Vi Lyles Mayor Pro Tem Julie Eiselt Council Member Dimple Ajmera Council Member Tariq Scott Bokhari Council Member Ed Driggs Council Member Larken Egleston Council Member Justin Harlow Council Member LaWana Mayfield Council Member James Mitchell Council Member Matt Newton Council Member Greg Phipps Council Member Braxton Winston II City Council Zoning Meeting Zoning Agenda June 17, 2019 DINNER MEETING 1. 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Dave Pettine 3. Follow-Up Report 2. Dinner Meeting Agenda 1. Agenda Review - Dave Pettine Dinner Agenda June 3. Follow Up Report June Follow-Up Report_06_13 City of Charlotte Page 2 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 Decisions 4. Rezoning Petition: 2018-145 by Brendan Mylton Update: Petitioner is requesting withdrawal of this petition Location: Approximately 1.25 acres located off St. George Street, south of Central Avenue, and east of Morningside Drive. (Council District 1 - Egleston) Current Zoning: R-4 (single family residential) Proposed Zoning: R-8(CD) (single family residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend DENIAL of this petition. 5. Rezoning Petition: 2018-110 by Mattamy Homes Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 38.40 acres located on the east side of Shopton Road West, north of South Tryon Street. (Outside City Limits) Current Zoning: R-3 (single family residential) Proposed Zoning: R-8MF(CD) (multi-family residential, conditional), with five-year vested rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. 6. Rezoning Petition: 2018-127 by Blue Azela-Providence, LLC Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 1.08 acres located at the intersection of Vernon Drive and Providence Drive, north of Wendover Road and east of Providence Road. (Council District 6 - Bokhari) Current Zoning: R-3 (single family residential) Proposed Zoning: R-8(CD) (single family residential, conditional) with five-year vested rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. 7. Rezoning Petition: 2018-147 by Laurel Street Residential Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 3.31 acres located on the north side of Mallard Creek Road, east of Prosperity Church Road, west of Galloway Road. (Council District 4 - Phipps) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. City of Charlotte Page 3 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 8. Rezoning Petition: 2018-167 by Verde Homes, LLC Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 1.74 acres located on the east side of Sardis Road, between Oak Creek Drive and Creek Valley Drive. (Council District 6 - Bokhari) Current Zoning: R-3 (single family residential) Proposed Zoning: R-8MF(CD) (multi-family residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. 9. Rezoning Petition: 2019-005 by Ardent Acquisitions, LLC Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 5.58 acres located on the south of West Tremont Avenue, west of South Tryon Street. (Council District 3 - Mayfield) Current Zoning: I-2(CD) (general industrial, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. 10. Rezoning Petition: 2019-006 by Amerco Real Estate Company Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 4.63 acres located on the east side of the intersection of Freedom Drive, Ashley Drive and Tuckaseegee Road. (Council District 3 - Mayfield) Current Zoning: B-1SCD AIR (business shopping center district, airport noise overlay) Proposed Zoning: BD(CD) AIR (distributive business, conditional, airport noise overlay) and B-2(CD) AIR (general business, conditional, airport noise overlay) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. 11. Rezoning Petition: 2019-008 by CoHab, LLC Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 0.52 acres located on the west side of the intersection of Seigle Avenue and East 15th Street. (Council District 1 - Egleston) Current Zoning: R-5 (single family residential) Proposed Zoning: MUDD(CD) (mixed use development, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their July 2, 2019 meeting. City of Charlotte Page 4 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 12. Rezoning Petition: 2018-163 by Suncap Property Group, LLC Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 1.75 acres located on the eastside of Waverly Avenue, west side of Kenilworth Avenue, south of Romany Road. (Council District 1 - Egleston) Current Zoning: R-8 (single family residential) & R-22MF (multi-family residential) Proposed Zoning: R-8(CD) (single family residential, conditional) & MUDD(CD) (mixed use development, conditional) Zoning Committee Recommendation: The Zoning Committee voted 4-3 to recommend APPROVAL of this petition. 13. Rezoning Petition: 2018-165 by NRP Properties, LLC Location: Approximately 16.6 acres located on the west side of Forest Point Boulevard, off of Nations Ford Road, east of I-77. (Council District 3 - Mayfield) Current Zoning: B-2(CD) (general business, conditional) Proposed Zoning: R-17MF(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. 2018-165_Reco_6-4-19_km0610 2018-165_Finalstaff_6-17-19-1_km0610 2018-165_RevSitePlan_05-28-2019 14. Rezoning Petition: 2019-001 by The 6125 Company, LLC Location: Approximately 1.79 acres located on the northeast corner at the intersection of Nations Ford Road and Tyvola Road. (Council District 3 - Mayfield) Current Zoning: MUDD(O) (mixed use development, optional) with five-year vested rights Proposed Zoning: MUDD(O) SPA (mixed use development, optional, site plan amendment) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-001_reco_6-04-2019 CLG6-5_km0610 2019-001_Final_06-05-2019 CLG6-5_km0610 2019-001_Rev_05-24-2019 City of Charlotte Page 5 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 15. Rezoning Petition: 2019-002 by Laurel Street Residential, LLC Location: Approximately 1.45 acres located at the corner of East 7th Street and North Alexander Street. (Council District 1 - Egleston) Current Zoning: UR-2 (urban residential) Proposed Zoning: TOD-CC (transit oriented development - community center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-002_reco_06-04-2019_km0610 2019-002_finalstaff_07-15-2019_km0610_DP0610 16. Rezoning Petition: 2019-003 by Laurel Street Residential, LLC Location: Approximately 4.03 acres located on the west side of North Tryon Street between University City Boulevard and Brookside Lane. (Council District 4 - Phipps) Current Zoning: I-1 (light industrial) and I-2(CD) (general industrial, conditional) Proposed Zoning: TOD-CC (transit oriented development - community center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-003 reco_km0610 2019-003 Final Staff_km0610 17. Rezoning Petition: 2019-013 by Andrew Klenk Location: Approximately 0.22 acres located on the southeast side of North Davidson Street between East 33rd Street and East 34th Street. (Council District 1 - Egleston) Current Zoning: R-5 (single family residential) Proposed Zoning: TOD-M(O) (transit oriented development - 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. 2019-013_reco_DP_km0610_done 2019-013_Final_staff_DP0610_km0610 2019-013 Golden Era RZ Submit-4 City of Charlotte Page 6 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 18. Rezoning Petition: 2019-015 by Greg Godley/Sugar Creek Ventures Location: Approximately 18.5 acres located on the west side of East Sugar Creek Road, south of North Tryon Street. (Council District 1 - Egleston) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 19-015 ZC Recommentation_km0610 2019-015_final staff_6-17-19_km0610 19. Rezoning Petition: 2019-024 by Investicore, LLC Location: Approximately 1.74 acres located on the west side of South Boulevard, north of Clanton Road. (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) and I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-024_reco_06-04-2019_km0610 2019-024_finalstaff_07-15-2019_km0610 20. Rezoning Petition: 2019-025 by White Point Partners, LLC Location: Approximately 1.20 acres located at the south side of the intersection of West Kingston Avenue and Camden Road. (Council District 3 - Mayfield) Current Zoning: B-1 (neighborhood business) Proposed Zoning: TOD-UC (transit oriented development - urban center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-025_reco_06-04-2019_km0610 2019-025_finalstaff_06-04-2019_DP0610_km0610 City of Charlotte Page 7 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 21. Rezoning Petition: 2019-026 by Beacon Development Location: Approximately 3.0 acres located on the south side of Clanton Road, both side of Dewitt Lane and Tryclan Drive, east of South Tryon Street. (Council District 3 - Mayfield) Current Zoning: I-1 (light industrial) and I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) and TOD-TR (transit oriented development - transition) Zoning Committee Recommendation: Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-026_reco_06-04-2019_km0610 2019-026_finalstaff_06_17_19_DP0610_km0610 22. Rezoning Petition: 2019-032 by US Developments, Inc Location: Approximately 14.72 acres located on the northwest side of Highway 29 North, east of Caprington Avenue. (Outside City Limits) Current Zoning: R-3 (single family residential), R-17MF(CD) (multi-family residential, conditional) and MX-2 (mixed use) Proposed Zoning: R-17(MF) (multi-family residential) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend DENIAL of this petition. Staff Recommendation: Staff recommends denial of this petition. 2019-032 reco_km0610 2019-032_Finalstaff_km0610 23. Rezoning Petition: 2019-048 by B&B RE Ventures, LLC Location: Approximately 3.6 acres located at the intersection of Old Pineville Road and the north side of Scholtz Road, south of Springbrook Road. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-048_Reco_6-4-19_km0610 2019-048_Finalstaff_061719 City of Charlotte Page 8 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 Hearings City of Charlotte Page 9 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 24. Public Hearing on a Resolution to Close Right of Way known as Ridgecrest Street Action: A. Conduct a public hearing to close right of way known as Ridgecrest Street off Tuckaseegee Road, and B. Adopt a resolution to close right of way known as Ridgecrest Street off Tuckaseegee Road. Staff Resource(s): Liz Babson, Transportation Michelle Smith, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § This right of way known as Ridgecrest Street is located in Council District 3. Petitioners Clarius Partners, LLC Right-of-Way to be Abandoned Right of Way known as Ridgecrest Street is located off of Tuckaseegee Road. Reason This abandonment will allow each of the abutting owners to incorporate the unopened right-of-way into their land so that they will have full title and interest in the right-of-way that they are currently maintaining and caring for. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) None - Neighborhood/Business Association(s) None Private Utility Companies No objections City Departments § Review by City departments identified no apparent reason this closing would: - Be contrary to the public interest; City of Charlotte Page 10 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 - Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and - Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Map - Ridgecrest Street Resolution of Intent - Ridgecrest Street 25. Rezoning Petition: 2019-014 by Mission Properties Update: Petitioner is requesting withdrawal of this petition Location: Approximately 1.06 acres located on the southwest corner of the intersection of Old Pineville Road and Griffith Road. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M(CD) (transit oriented development-mixed use, conditional) 2019-014 Mission Properties Withdrawal 26. Rezoning Petition: 2019-028 by HHHunt Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 26.71 acres located on the north side of Sam Dee Road, west of Harrisburg Road and south of Interstate 485. (Council District 5 - Newton) Current Zoning: R-3 (single family residential) and O-15(CD) (office, conditional) Proposed Zoning: R-12MF (multi-family residential) and R-12MF(CD) (multi-family residential, conditional) 2019-028 HHHunt July 15, 2019 deferral 27. Rezoning Petition: 2019-023 by Sinacori Builders Location: Approximately 5.12 acres located on the southeast side of Carmel Road, north of Carmel Vista Lane and south of Quail View Road. (Council District 6 - Bokhari) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues and requested technical revisions related to site and building design, transportation, and environment. 2019-023 PH staff_6-17-19_sc_SM6-10_DP610_LH6-10_JK_km0611 2019-023_RevSitePlan_05-14-2019 City of Charlotte Page 11 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 28. Rezoning Petition: 2019-029 by Crescent Communities Update: Petitioner is requesting deferral to July 15, 2019 Location: Approximately 1.68 acres located at the intersection of East 7th Street and North Caswell Avenue. (Council District 1 - Egleston) Current Zoning: MUDD-O (mixed use development) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) 2019-029 Crescent Communities July 15, 2019 deferral 29. Rezoning Petition: 2019-030 by Continental 475 Fund, LLC Location: Approximately 30.73 acres located on the north side of South Tryon Street, south of Erwin Road, east of Choate Circle. (Council District 3 - Mayfield) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2019-030 PH_06-17-2019 CLG5-21_ AG06-07_DP610_SM6-10_LH6-10_km0611_DP0612_REV 2019-030_Rev2_05-14-2019 30. Rezoning Petition: 2019-040 by Aldersgate at Shalom Park Inc. Location: Approximately 17.17 acres located on the east side of Providence Road, south of Jefferson Drive, south of Fairview Road/Sardis Road. (Council District 6 - Bokhari) Current Zoning: R-3 (single family residential) and R-1 (religious institute) Proposed Zoning: INST (institutional) and INST(CD) (institutional, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design and environment. 2019-040_PHstaff_6-17-19_DP610_SM6-10_LH6-10_JK_km0611_DP0612 2019-040_RevSitePlan_05-14-2019 Previously Approved Cover Page 2019-040_prevApprovedPlan_1991-035 City of Charlotte Page 12 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 31. Rezoning Petition: 2019-042 by Sanctuary Development, LLC Location: Approximately 12.52 acres located on the southeast side of the intersection of North Tryon Street and University City Boulevard. (Council District 4 - Phipps) Current Zoning: B-2(CD) (general business, conditional) Proposed Zoning: TOD-CC (transit oriented development-community center) and TOD-TR (transit oriented development-transition) Staff Recommendation: Staff recommends approval of this petition. 2019-042_PHstaff_km0528_DP610_SM6-10_DP LH6-10_LA_DP612_km06121 Previously Approved Cover Page 2019-42 approved site plan 1989-041C 32. Rezoning Petition: 2019-043 by Diamond Back Acquisitions Location: Approximately 43.58 acres located on southwest side of Belmeade Drive, northwest of Rhyne Road. (Outside City Limits) Current Zoning: R-3 LWPA (single family residential, Lake Wylie Protected Area) Proposed Zoning: MX-2 LWPA (mixed use, Lake Wylie Protected Area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, site and building design, and technical revisions. 2019-043_PHstaff_6-17-19 CLG_AG06-11_SM6-11_DP0612 LH6-12_DP0612_km0612 2019-043_RevSItePlan_05-14-2019 33. Rezoning Petition: 2019-044 by Panthers Stadium Location: Approximately 8.60 acres located on the southeast side of South Cedar Street between West 4th Street and West Morehead Street. (Council District 2 - Harlow) Current Zoning: UR-3 (urban residential) and MUDD (mixed use development) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. 2019-044_PHstaff_DP610_SM6-10_km0611_DP612 2019-044_RevSitePlan_05-14-2019 City of Charlotte Page 13 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 34. Rezoning Petition: 2016-112 by Argos Real Estate Advisors, Inc. Location: Approximately 28 acres generally surrounded by Stewart Avenue, Chamberlain Avenue, Turner Avenue, State Street and Stewart Creek. (Council District 2 - Harlow) Current Zoning: I-1 (light industrial) and I-2 (general industrial) 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 transportation, environment, and site and building design. 2016-112 PH_06-17-2019 CLG5-17_AG06-05_DP610_DP0612_km0613 2016-112_RevSitePlan_05-14-2019 35. Rezoning Petition: 2018-128 by James Pouitier Location: Approximately 5.5 acres located on the south side of Mount Holly-Huntersville Road, east of Brookshire Boulevard. (Council District 2 - Harlow) Current Zoning: R-3 LWPA (single family residential, Lake Wylie protected area) Proposed Zoning: NS LWPA (neighborhood services, Lake Wylie protected area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and technical revisions. 2018-128 PH Staff_06-17-2019 CLG5-21_SM6-10_DP610_km0611_DP0612 2018-128_RevSitePlan_05-14-2019 36. Rezoning Petition: 2018-151 by EBA Crystal Real Estate, LLC Location: Approximately 20.56 acres located on the east side of J.W. Clay Boulevard, north of West W.T. Harris Boulevard (Council District 4 - Phipps) Current Zoning: CC (commercial center) Proposed Zoning: MUDD-O (mixed use development district, optional), with five-year vested rights. Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, and site and building design. 2018-151 PHstaff_DP0612_km0612 2018-151_RevSitePlan_05-14-2019 Previously Approved Cover Page 2018-151 approved site plan 1992-64 City of Charlotte Page 14 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 37. Rezoning Petition: 2018-162 by NRP Properties, LLC Location: Approximately 6.63 acres located at the intersection of North Tryon Street and West Eastway Drive. (Council District 4 - Phipps) Current Zoning: B-2(CD) (general business, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issue related to transportation. 2018-162_PHstaff_DP0612__km0612 2018-162_RevSitePlan_05-14-2019 Previously Approved Cover Page 2018-162 approved site plan 1998-117 38. Rezoning Petition: 2019-009 by Joseph Rhodes Location: Approximately 16.0 acres located on the east side of Beatties Ford Road, north of Trinity Road and south of Lakeview Road. (Council District 2 - Harlow) Current Zoning: R-3 (single family residential) and B-2 (general business) Proposed Zoning: R-8MF(CD) (multi-family residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues and requested technical revisions related to transportation, environment and site design. 2019-009_PHstaff_04262019CL_km0506_done_SM5-15_SM6-10_DP610_LH610km0611_CL0611_DP612 2019-009_RevSitePlan2 39. Rezoning Petition: 2019-018 by Canopy CLT Location: Approximately 3.10 acres located on the south side of Raleigh Street, west of Sugar Creek Road, south of North Tryon Street. (Council District 1 - Egleston) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) Staff Recommendation: Staff recommends approval of this petition. 2019-018 PH staff_km0528_SM6-10_DP610_LH610_LA_DP612 City of Charlotte Page 15 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 40. Rezoning Petition: 2019-019 by Stanchion Asset Partners Location: Approximately 4.64 acres located at the southwest corner of West Mallard Creek Church Road and David Taylor Road, east of Mallard Creek Road. (Council District 4 - Phipps) Current Zoning: RE-2 (research) Proposed Zoning: RE-3(O) (research, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and technical revisions. 2019-019 PH staff_20190426CL_DP0612_CL20190612_DP0612_km0612 2019-019_RevSitePlan_05-16-2019 41. Rezoning Petition: 2019-021 by McKinney Holdings NC II, LLC Location: Approximately 23.10 acres southeast intersection of North Tryon Street and Libby Way. (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. 2019-021 PH staff 061719_DP610_DP611_SM6-11_km0611_DP612 2019-021-Revised Site Plan_050319 Previously Approved Cover Page 2019-21 approved site plan 1989-041C 42. Rezoning Petition: 2019-027 by Liberty Property Trust Location: Approximately 20.50 acres located at the east side of the intersection of Sam Wilson Road and Laine Road, south of Interstate 85. (Outside City Limits) Current Zoning: R-3 LLWPA (single family residential, Lower Lake Wylie Protected Area) Proposed Zoning: I-2(CD) LLWPA (general industrial, conditional, Lower Lake Wylie Protected Area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation. 2019-027 PH_06-17-2019 CLG5-10 AG_05-15_06-06CLG_DP610_SM6-10_km0611_DP612 2019-027_RevSitePlan_04-16-2019 City of Charlotte Page 16 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 43. Rezoning Petition: 2019-033 by HK Cedarvale, LLC Location: Approximately 9.89 acres located on the west side of Cedarvale Road north of Performance Road, east of Moores Chapel Road. (Outside City Limits) Current Zoning: R-MH LWPA (residential manufactured housing, Lake Wylie Protected Area) Proposed Zoning: I-2(CD) LWPA (general industrial, conditional, Lake Wylie Protected Area) Staff Recommendation: Staff does not recommend approval of this petition. 2019-033_PH_06-17-2019 CLG6-6_AG06-10_DP0611_DP612_km0612 2019-033_RevSitePlan_05-14-2019 44. Rezoning Petition: 2019-034 by United Community School Location: Approximately 10.0 acres located on the west of Suther Road, between University Boulevard and Old Concord Road. (Council District 4 - Phipps) Current Zoning: INST(CD) (institutional, conditional) Proposed Zoning: INST(CD) SPA (institutional, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to technical issues related of transportation, and site and building design. 2019-034 PHstaff_052819CL_DP610_SM6-10_LA_km0611 2019-034_RevSitePlan_05-14-2019 Previously Approved Cover Page 2019-034 Approved Site Plan 2014-061 45. Rezoning Petition: 2019-045 by Moores Chapel Holdings, LLC Location: Approximately 29.08 acres located off of Springhill Road, Rockwood Drive, south of Mount Holly Road, east of Interstate 485. (Council District 3 - Mayfield) Current Zoning: MX-2 LWPA (mixed use, Lake Wylie Protected Area) Proposed Zoning: MX-2 LWPA SPA (mixed use, Wylie Protected Area, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, infrastructure and land use. 2019-045_PHstaff_DP0612a_DP612b_km0613 Previously Approved Cover Page 2019-045 approved site plan 2005-150 (2) Previously Approved Cover Page 2019-045 approved site plan 2005-150 (1) City of Charlotte Page 17 Printed on 6/14/2019 City Council Zoning Meeting Zoning Agenda June 17, 2019 46. Rezoning Petition: 2019-046 by Spectrum Development Company Location: Approximately 2.16 acres located on the southeast side of South Mint Street, southwest of West Carson Boulevard and northeast of West Palmer Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-UC (transit oriented development-urban center) Staff Recommendation: Staff recommends approval of this petition. 2019-046_PHstaff_DP610_SM6-10_DP LH6-10_MR_km0611_DP0612 47. Rezoning Petition: 2019-052 by Beaver Creek CRE LLC Location: Approximately 2.11 acres located on the north side of East Independence Boulevard, Pierson Drive, Bamboo Street and Wilshire Place. (Council District 5 - Newton) Current Zoning: MUDD-O (mixed use development, optional) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of the minor technical revisions related to transportation. 2019-052 PHstaff_6-17-19_DP0610_SM6-10_LH610_JK_km0611_DP0612 2019-052_RevSitePlan_05-14-2019 Previously Approved Cover Page 2019-052_prevApprovedPlan_2017-167 48. Rezoning Petition: 2019-059 by Win Development, LLC Location: Approximately 0.34 acres located on the east side of North Graham Street, south of Cannon Avenue, north of Interstate 85. (Council District 4 - Phipps) Current Zoning: I-1 (light industrial) Proposed Zoning: I-2 (general industrial) Staff Recommendation: Staff recommends approval of this petition. 2019-059 PHstaff_CL0528_DP0610_SM6-10_km0611_DP0612 City of Charlotte Page 18 Printed on 6/14/2019