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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · October 21, 2019

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Minutes Monday, October 21, 2019 4:30 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 October 21, 2019 DINNER AGENDA 1. Meeting Agenda CLOSSED SESSION A motion was made by Councilmember Mitchell and seconded by Councilmember Egleston to Go into Closed Session. The motion carried unanimously. A motion was made by Councilemmber Mitchell and seconded by Councilmember Driggs to return to open session. The motion carried unanimously. 2. 15-11884 Dinner Meeting Agenda 3. 15-11885 Follow Up Report RECESS ZONING MEETING 15-12092 CALL TO ORDER The meeting was called to order at 4:32p. Present: 12 - Mayor Vi Lyles, Council Member Dimple Ajmera, 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 INTRODUCTIONS Present: 12 - Mayor Vi Lyles, Council Member Dimple Ajmera, 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 INVOCATION Pledge of Allegience EXPLANATION OF A ZONING MEETING Present: 12 - Mayor Vi Lyles, Council Member Dimple Ajmera, 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 City of Charlotte Page 1 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 INTRODUCTION OF THE ZONING COMMITTEE 15-12091 DEFERRALS A motion was made by Council Member Egleston, seconded by Council Member Driggs, and carried unanimously to defer the following items: 4. 15-11836 Rezoning Petition: 2018-092 by Contravest Development Partners, LLC 6. 15-11887 Rezoning Petition: 2019-006 by Amerco Real Estate Company 7. 15-11903 Rezoning Petition: 2019-030 by Continental 475 Fund, LLC 8. 15-11839 Rezoning Petition 2019-047 by NR Pinehurst Property Owner, LLC 11. 15-11904 Rezoning Petition: 2019-009 by Joseph Rhodes 13. 15-11905 Rezoning Petition: 2019-028 by HHHunt 29. 15-12049 Rezoning Petition: 2019-072 by Ardent Acquisitions, LLC 30. 15-12016 Rezoning Petition: 2019-080 by Seahawk Partner Holdings, LLC 31. 15-12022 Rezoning Petition: 2019-092 by Carolina Development Group NC, LLC 32. 15-12046 Rezoning Petition: 2019-098 by Flagship Healthcare Update: Petitioner is requesting a deferral to November 18, 2019. 44. 15-12018 Rezoning Petition: 2019-088 by JDSI, LLC DECISIONS 9. 15-12019 Rezoning Petition: 2018-073 by Moores Chapel Retail, LLC A motion was made by Council Member Mayfield, seconded by Council Member Mitchell, and carried unanimously to Adopt the Statement of Consistency. City of Charlotte Page 2 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Approve this Zoning Decision. The motion carried unanimously. 10. 15-12023 Rezoning Petition: 2018-160 by K Sade Ventures A motion was made by Council Member Egleston and seconded by Council Member Driggs to Not to Refer back to the Zoning Committee this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Driggs to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 12. 15-12030 Rezoning Petition: 2019-027 by Liberty Property Trust A motion was made by Council Member Mitchell and seconded by Mayor Pro Tem Eiselt to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Mitchell and seconded by Mayor Pro Tem Eiselt to Approve this Zoning Decision. The motion carried unanimously. unanimously. 14. 15-11906 Rezoning Petition: 2019-029 by Crescent Communities A motion was made by Mayor Pro Tem Eiselt and seconded by Council Member Harlow to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Mayor Pro Tem Eiselt and seconded by Council Member Harlow to Approve this Zoning Decision. The motion carried unanimously. 15. 15-11908 Rezoning Petition: 2019-038 by Dave Hegnauer A motion was made by Council Member Egleston and seconded by Council Member Harlow to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Egleston and seconded by Council Member Harlow to Approve this Zoning Decision. The motion carried unanimously. 16. 15-12032 Rezoning Petition: 2019-056 by White Point Partners, LLC A motion was made by Council Member Mayfield and seconded by Council Member Egleston to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. City of Charlotte Page 3 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 A motion was made by Council Member Mayfield and seconded by Council Member Egleston to Approve this Zoning Decision. The motion carried unanimously. 17. 15-12035 Rezoning Petition: 2019-061 by Davis Development A motion was made by Council Member Harlow and seconded by Council Member Driggs to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Harlow and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 18. 15-12037 Rezoning Petition: 2019-062 by Suncrest Real Estate & Land A motion was made by Council Member Phipps and seconded by Council Member Mayfield to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Mayfield to Approve this Zoning Decision. The motion carried unanimously. 19. 15-12039 Rezoning Petition: 2019-070 by RENC CH, LLC A motion was made by Council Member Newton and seconded by Council Member Harlow to Not to Refer back to the Zoning Committee this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Newton and seconded by Council Member Driggs to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Newton and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 20. 15-12054 Rezoning Petition: 2019-074 by Josh Jolley A motion was made by Council Member Newton and seconded by Council Member Driggs to Not to Refer back to the Zoning Committee this Zoning Decision. The motion carried unanimously. A motion was made to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Newton and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 21. 15-12041 Rezoning Petition: 2019-076 by Hopper Communities A motion was made by Council Member Harlow and seconded by Council Member Mayfield to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. City of Charlotte Page 4 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 A motion was made by Council Member Harlow and seconded by Council Member Mayfield to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. 22. 15-12042 Rezoning Petition: 2019-079 by Sankofa Development, LLC A motion was made by Council Member Harlow and seconded by Council Member Driggs to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Harlow and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 23. 15-12043 Rezoning Petition: 2019-081 by Tyvola Station Partners, LLC A motion was made by Council Member Mayfield and seconded by Council Member Winston II to Withdraw Section B from this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Adopt the Statement of Consistency for Development Area A in this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Approve Development Area A of this Zoning Decision. The motion carried unanimously. 24. 15-12044 Rezoning Petition: 2019-082 by Pacific National Group, LLC A motion was made by Council Member Egleston and seconded by Council Member Driggs to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Egleston and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. 25. 15-12045 Rezoning Petition: 2019-083 by James M. Howell A motion was made by Council Member Mayfield and seconded by Council Member Phipps to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Phipps to Approve this Zoning Decision. The motion carried unanimously. 26. 15-12053 Rezoning Petition: 2019-118 by Beacon Development Company A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Adopt the Statement of Consistency this Zoning Decision. The motion carried unanimously. City of Charlotte Page 5 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Approve this Zoning Decision. The motion carried unanimously. 27. 15-11867 Rezoning Petition: 2019-103 by Charlotte Planning, Design & Development Department A motion was made by Council Member Egleston and seconded by Council Member Driggs to Adopt the Statement of Consistency from the Planning Committee for this Zoning Decision. The motion carried unanimously. A motion was made by Council Member Egleston and seconded by Council Member Driggs to Approve this Zoning Decision. The motion carried unanimously. unanimously. 28. 15-12051 Rezoning Petition: 2019-104 by Charlotte Planning, Design & Development Department A motion was made by Council Member Ajmera and seconded by Council Member Newton to Defer this Zoning Decision. The motion carried by the following vote: Yea: 3- Council Member Ajmera, Council Member Mayfield, and Council Member Newton Nay: 8- Council Member Scott Bokhari, Council Member Driggs, Council Member Egleston, Mayor Pro Tem Eiselt, Council Member Harlow, Council Member Mitchell, Council Member Phipps, and Council Member Winston II A motion was made by Council Member Scott Bokhari and seconded by Council Member Egleston to Approve this Zoning Decision. 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 Phipps, and Council Member Winston II Nay: 2- Council Member Ajmera, and Council Member Newton HEARINGS All zoning public hearings were properly heald and closed. Please see meeting agenda for the list of rezoning petitions for which hearings were conducted. 33. 15-12040 Rezoning Petition: 2019-102 by City of Charlotte 34. 15-12006 Rezoning Petition: 2018-117 by Hopper Communities, Inc. 35. 15-12011 Rezoning Petition: 2019-032 by US Developments, Inc. City of Charlotte Page 6 Printed on 10/28/2019 City Council Zoning Meeting Meeting Minutes October 21, 2019 36. 15-11752 Rezoning Petition: 2019-036 by BSL Galbreath, Inc. 37. 15-12012 Rezoning Petition: 2019-049 by Apollo Holding Company, LLC 38. 15-12013 Rezoning Petition: 2019-051 by Joyce M. Green 39. 15-12014 Rezoning Petition: 2019-068 by Chelsea Building Group, LLC 40. 15-12015 Rezoning Petition: 2019-071 by FH 1524 Sunset Road, LLC 41. 15-11909 Rezoning Petition: 2019-078 by Charter Properties 42. 15-11910 Rezoning Petition: 2019-084 by Lake Mather, LLC 43. 15-12017 Rezoning Petition: 2019-087 by JDSI, LLC 45. 15-12020 Rezoning Petition: 2019-090 by Culp Road Materials, LLC 46. 15-12021 Rezoning Petition: 2019-091 by Ramon Adams 47. 15-12025 Rezoning Petition: 2019-093 by 406 W. 32nd, LLC 48. 15-12029 Rezoning Petition: 2019-094 by Andrew Parker 49. 15-12031 Rezoning Petition: 2019-097 by Ardent Acquisitions, LLC 50. 15-12033 Rezoning Petition: 2019-099 by Townes Mozer 51. 15-12034 Rezoning Petition: 2019-100 by Matt Connolly-Pike Properties, LLC 52. 15-12036 Rezoning Petition: 2019-119 by RMK Builders 53. 15-12038 Rezoning Petition: 2019-122 by Beacon Partners ADJOURNMENT The meeting adjourned at 10:21 p.m. City of Charlotte Page 7 Printed on 10/28/2019

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, October 21, 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 October 21, 2019 DINNER AGENDA 1. Meeting Agenda 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - To Be Provided Monday - Dave Pettine 3. Follow-Up Report 2. Dinner Meeting Agenda 1. Agenda Review - To Be Provided Monday - Dave Pettine 3. Follow Up Report October Follow-Up Report - Final .pdf DECISIONS 4. Rezoning Petition: 2018-092 by Contravest Development Partners, LLC Update: Petitioner is requesting deferral to November 18, 2019 Location: Approximately 14.5 acres located on the west side of Old Statesville Road, south of West W. T. Harris Boulevard. (Council District 2 - Harlow) Current Zoning: I-2(CD) (light industrial, conditional), R-MH (manufactured housing), and B-2 (general business) Proposed Zoning: UR-3(CD) (urban residential, conditional) Zoning Committee Recommendation: Zoning Committee voted 5-0 to DEFER this petition to their November 5, 2019 meeting. City of Charlotte Page 2 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 5. Rezoning Petition: 2018-147 by Laurel Street Residential Update: Petitioner is requesting withdrawal of this petition. 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) 6. Rezoning Petition: 2019-006 by Amerco Real Estate Company Update: Petitioner is requesting deferral to November 18, 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) Zoning Committee Recommendation: The Zoning Committee voted 5-0 to DEFER to their November 5, 2019 meeting. 7. Rezoning Petition: 2019-030 by Continental 475 Fund, LLC Update: Petitioner is requesting a deferral to November 18, 2019. 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: R-12MF(CD) (multi-family residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 5-2 to recommend DENIAL of this petition. City of Charlotte Page 3 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 8. Rezoning Petition: 2019-047 by NR Pinehurst Property Owner, LLC Update: Petitioner is requesting deferral to November 18, 2019. Location: Approximately 36.06 acres located on the west side of Providence Road between Cloister Drive and Knob Oak Lane and across from Strawberry Hill Drive. (Council District 6: Bokhari) Current Zoning: MUDD-O (mixed use development, optional) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) Zoning Committee Recommendation: The Zoning Committee voted 5-0 to recommend a deferral to their November 5, 2019 meeting. 9. Rezoning Petition: 2018-073 by Moores Chapel Retail, LLC Location: Approximately 3.99 acres located at the intersection of Moores Chapel Road, Rhyne Road, and Belmeade Road. (Council District 3 - Mayfield) Current Zoning: R-3 LLWPA (single family residential, Lower Lake Wylie - protected area) Proposed Zoning: B-1(CD) LLWPA (neighborhood business, conditional, Lower Lake Wylie - protected area) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2018-073_reco_10-01-2019_done.pdf 2018-073 Final_DONE.pdf 2018-073 revised site plan.pdf City of Charlotte Page 4 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 10. Rezoning Petition: 2018-160 by K Sade Ventures Location: Approximately 93.86 acres located on the north side of University Boulevard at the Mecklenburg/Cabarrus County line. (Outside City Limits) Current Zoning: R-3 (single family residential) Proposed Zoning: MX-1(CD) (mixed use, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2018-160 ZC Reco_done.pdf 2018-160_Final_Staff_done.pdf 2018-160_RevSitePlan_09_23_2019.pdf 11. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. Attacs Attachments: Zoning Committee Recommendation Final Staff Analysis Site Plan 2019-009 reco_7-30_done.pdf 2019-009_Final_10-21-2019_done.pdf 2019-009_RevSitePlan_07-10-2019.pdf City of Charlotte Page 5 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 12. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. Attachments: Zoning Committee Recommendation Final Staff Analysis Site Plan 2019-027_reco_10-01-2019_done.pdf 2019-027 Final_10-21-2019_done.pdf 2019-027_RevSitePlan_09-24-2019.pdf 13. Rezoning Petition: 2019-028 by HHHunt Update: Petitioner is requesting a deferral to December 16, 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. City of Charlotte Page 6 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 14. Rezoning Petition: 2019-029 by Crescent Communities 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, optional) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-029 ZC Reco_done.pdf 2019-029_Final Staff_10-21-19_done.pdf 2019-029_RevSitePlan_08-29-2019.pdf 15. Rezoning Petition: 2019-038 by Dave Hegnauer Summary of petition: This text amendment proposes to: 1) add a new definition for “commercial kitchen”; 2) add “commercial kitchen” as a use by-right in the U-I (urban industrial), I-1 (light industrial), I-2 (general industrial), CC (commercial center), B-2 (general business) and B-D (distributive business) zoning districts; and 3) allow outdoor storage (parking of food trucks and trailers associated with a commercial kitchen) as an accessory use to a commercial kitchen by-right in the U-I (urban industrial), I-1 (light industrial), and I-2(general industrial) zoning districts, and with prescribed conditions in the CC (commercial center), B-2 (general business), and B-D (distributive business) zoning districts. Zoning Committee Recommendation: The Zoning Committee voted 6-1 to recommend APPROVAL of this petition. Staff recommendation: Staff recommends approval of this petition. 2019-038 ZC reco_done 2019-038_Final staff_10-21-19_done.pdf 2019-038 text amendment revision 6-24-19 City of Charlotte Page 7 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 16. Rezoning Petition: 2019-056 by White Point Partners, LLC Location: Approximately 4.95 acres located on the south side of West Morehead Street, west of Julian Price Place. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: MUDD-O (mixed use development, optional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-056_reco_10-01-2019_done.pdf 2019-056 Final Staff_done.pdf 2019-056_Rev_10-02-2019.pdf 17. Rezoning Petition: 2019-061 by Davis Development Location: Approximately 15.55 acres located on the east side of Northlake Centre Parkway, north of Calhoun Street, south of Interstate 485. (Outside City Limits) Current Zoning: BP (business park) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-061_ZC Reco_done.pdf 2019-061 Final Staff_done.pdf 2019-061_RevSitePlan_09-26-2019.pdf City of Charlotte Page 8 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 18. Rezoning Petition: 2019-062 by Suncrest Real Estate & Land Location: Approximately 13.01 acres located at the southeast intersection of Rocky River Road and Old Concord Road. (Council District 4 - Phipps) Current Zoning: B-1(CD) (neighborhood business, conditional) and O-1(CD) (office, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-062 ZC Reco_done.pdf 2019-062 Final Staff_done.pdf 2019-062_RevSitePlan_10-7-2019.pdf 19. Rezoning Petition: 2019-070 by RENC CH, LLC Location: Approximately 42.41 acres located on Wallace Road between Woodberry Road and East Independence Boulevard. (Council District 5 - Newton) Current Zoning: B-2 (general business) and B-2(CD) (general business, conditional) Proposed Zoning: B-2 (general business) and B-2(CD) SPA (general business, conditional, 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. 2019-070_reco_10-1-19_done.pdf 2019-070 Finalstaff_10-21-19_done.pdf 2019-070_RevSitePlan_08-12-2019.pdf City of Charlotte Page 9 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 20. Rezoning Petition: 2019-074 by Josh Jolley Location: Approximately 3.96 acres located on the west side of Wallace Road, north of Woodberry Road, west of East Independent Boulevard. (Council District 5 - Newton) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-074_Reco_10-1-19_done_r.pdf 2019-074 Finalstaff_10-21-19_done.pdf 2019-074_RevSitePlan_09-25-2019.pdf 21. Rezoning Petition: 2019-076 by Hopper Communities Location: Approximately 2.39 acres located on the south side of Rozzelles Ferry Road, west of South Turner Avenue, east of South Gardner Avenue. (Council District 2 - Harlow) Current Zoning: R-8 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-076 ZC Reco_done.pdf 2019-076 Final Staff_done.pdf 2019-076_RevSitePlan_9-26-2019.pdf City of Charlotte Page 10 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 22. Rezoning Petition: 2019-079 by Sankofa Development, LLC Location: Approximately 1.25 acres located on the west side Statesville Road, south of Riley Avenue, north of Distribution Center Drive. (Council District 2 - Harlow) Current Zoning: R-4 (single family residential) and B-2 (general business) Proposed Zoning: NS (neighborhood services) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-079 reco_done.pdf 2019-079 Final Staff_done.pdf 2019-079_RevSItePlan_09-25-2019.pdf 23. Rezoning Petition: 2019-081 by Tyvola Station Partners, LLC Location: Approximately 10.5 acres located on the north side of Tyvola Road, west of Old Pineville Road. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-CC (transit oriented development - community center) and TOD-TR (transit oriented development - transition) Zoning Committee Recommendation: The Zoning Committee voted 5-2 to recommend: 1) APPROVAL of Development Parcel A only, and 2) DENIAL of Development Parcel B. Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2019-081_Reco_10-1-19_done_r.pdf 2019-081 Finalstaff_10-21-19_done.pdf 24. Rezoning Petition: 2019-082 by Pacific National Group, LLC Location: Approximately 0.32 acres located on the east side of South Boulevard, south of East Worthington Avenue. (Council District 1 - Egleston) Current Zoning: B-1 (neighborhood business) Proposed Zoning: TOD-UC (transit oriented development - urban center) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-082_reco_10-01-2019_done.pdf 2019-082 Final Staff_done.pdf City of Charlotte Page 11 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 25. Rezoning Petition: 2019-083 by James M. Howell Location: Approximately 0.56 acres located on the west side of China Grove Church Road, south of Aileen Circle, north of Ervin Lane. (Council District 3 - Mayfield) Current Zoning: R-4 (single family residential) Proposed Zoning: R-8 (single family residential) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-083_Reco_10-1-19_done.pdf 2019-083 Finalstaff_10-21-19_done.pdf 26. Rezoning Petition: 2019-118 by Beacon Development Company Location: Approximately 90.47 acres located on the west side of Beam Road, north of Cross Beam Drive. (Council District 3 - Mayfield) Current Zoning: BD(CD) AIR (distributive business, conditional, airport noise overlay) Proposed Zoning: I-1 AIR (light industrial, airport noise overlay) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff recommends approval of this petition. 2019-118 ZC Reco_done.pdf 2019-118 Final Staff_done.pdf City of Charlotte Page 12 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 27. Rezoning Petition: 2019-103 by Charlotte Planning, Design & Development Department Summary of petition: This text amendment proposes to update the sign regulations to: 1) simplify the regulations making them easier to use and understand, with added graphics; 2) provide consistency and uniformity in standards across similar zoning districts; 3) modify the standards for sign size, materials, location, lighting, portability, quantity and height; 4) provide greater flexibility by allowing more signs without a permit, but subject to specific standards; 5) introduce new sign types, including A-frame sign, accessory use sign, light pole banner, multi-use planned development ground sign, roof sign, skyline sign, temporary outdoor sales sign, vehicle dealership temporary sign, wall sign (painted), and wall sign (projected); 6) create content-neutral sign standards, to be consistent with a recent U.S. Supreme Court ruling; and 7) move the procedures for obtaining a sign permit into a separate document. Planning Committee Recommendation: The Planning Committee voted 7-0 to recommend APPROVAL of this petition with the following modification: Relocate Section 13.6, “Definitions” to come after Section 13.4 and renumber the sections accordingly. Staff recommendation: Staff recommends approval of this petition. 2019-103 PC Reco 9-17-19_done_r.pdf 2019-103_Final Staff Analysis .pdf Chapter 13 rev 1 9-24-19.pdf 2019-103 ZO text amendment rev 2 -_9-24-19.pdf City of Charlotte Page 13 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 28. Rezoning Petition: 2019-104 by Charlotte Planning, Design & Development Department Summary of petition: This text amendment proposes to update the Tree Ordinance and Zoning Ordinance for sites zoned for urban development. Specifically, the text amendment: 1) promotes better integration of trees into urban sites; 2) provides flexibility of where trees are planted on urban sites; 3) results in no net loss of code required trees on urban sites; 4) modifies the perimeter tree planting, internal tree planting and tree save area requirements on urban sites; 5) adds new definitions. Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff recommendation: Staff recommends approval of this petition. 2019-104_Final staff_10-1-19_done.pdf 2019-104 Reco 10-1-19 _done.pdf 2019-104 Chapter 21 text amendment_tree_ rev 1.pdf 2019-104 text amendment_zoning1.pdf Proposed Tree Ordinance Changes Highlighted in Yellow.pdf City of Charlotte Page 14 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 HEARINGS 29. Rezoning Petition: 2019-072 by Ardent Acquisitions, LLC Update: Petitioner is requesting a deferral to November 18, 2018. Location: Approximately 38.83 acres located on the north side of Cannon Avenue, west of Sugar Creek Road, east of North Graham Street, north of Interstate 85. (Council District 4 - Phipps) Current Zoning: R-4 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) 30. Rezoning Petition: 2019-080 by Seahawk Partner Holdings, LLC Update: Petitioner is requesting a deferral to November 18, 2019. Location: Approximately 11.7 acres located on the west side of Commonwealth Avenue and east of Char Meck Lane, north of Monroe Road. (Council District 5 - Newton) Current Zoning: R-5 and R-8MF (single family residential, multi-family residential) Proposed Zoning: UR-2 (CD) with five-year vested rights (urban residential, conditional) 31. Rezoning Petition: 2019-092 by Carolina Development Group NC, LLC Update: Petitioner is requesting deferral to December 16, 2019. Location: Approximately 0.98 acres located on the east corner of the intersection of North Smith Street & West 10th Street, south of Brookshire Freeway. (Council District 2 - Harlow) Current Zoning: I-1 HD-O (light industrial, historic district overlay) Proposed Zoning: UMUD-O HD-O (uptown mixed use, historic district overlay) 32. Rezoning Petition: 2019-098 by Flagship Healthcare Location: Approximately 8.12 acres located on the north side of Randolph Road, north of Eastover Ridge Drive, east of Cranbrook Lane from R-5 to NC. (Council District 1 - Egleston) Current Zoning: R-5 (single family residential) Proposed Zoning: R-8 (single family residential) City of Charlotte Page 15 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 33. Rezoning Petition: 2019-102 by City of Charlotte Location: Approximately 1,770 acres generally located along South Boulevard, North Davidson Street and North Tryon Street, generally within a half mile of the JW Clay Boulevard, McCullough, University City Boulevard, Tom Hunter, Old Concord Road, Sugar Creek, 36th Street, 25th Street, Parkwood, Carson, Bland Street, East/West, New Bern, Scaleybark, Woodlawn, Tyvola, Archdale, Arrowood, Sharon Road West and I-485/ South Boulevard LYNX Blue Line transit stations, between I-485 to the south, and UNC - Charlotte campus to the north, excluding areas within I-277 Loop. (Council Districts: 1-Egleston; 3-Maayfield; 4-Phipps; and 6-Bokhari) Current Zoning: B-1, B-1 HD-O, B-1 TS, B-1(CD), B-1SCD, B-2, B-2 HD-O, B-2 TS HD-O, B-2(CD), B-D, B-D(CD), BP, CC, I-1, I-1 HD-O, I-1 TS, I-1 TS HD-O, I-1(CD), I-2, I-2 TS, I-2(CD), INST, MUDD, NS, O-1, O-1(CD), O-2, O-2 HD-O, O-15(CD), R-3, R-4, R-5, R-8, R-17MF, R-22MF, R-22MF HD-O, R-43MF, TOD-CC, or TOD-CC HD-O. Proposed Zoning: TOD-UC, TOD-NC, TOD-NC HD-O, TOD-CC or TOD-TR Staff Recommendation: Staff recommends approval of this petition. 2019-102_staffanalysis_10-21-19_CompletePackage.pdf 34. Rezoning Petition: 2018-117 by Hopper Communities, Inc. Location: Approximately 1.7 acres located on the east side of South Tryon Street, south of East Cama Street and north East Peterson Drive. (Council District 3 - Mayfield) Current Zoning: R-8 (single family residential) and MUDD(CD) (mixed use development, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to infrastructure, and site and building design. 2018-117 PH_DONE.pdf 2018-117_RevSItePlan_09-17-2019.pdf 2018-117 previous approved site plan_.pdf 35. Rezoning Petition: 2019-032 by US Developments, Inc. Location: Approximately 14.72 acres located on the northwest side of Hwy. 29 North, east of Caprington Avenue. Choose an item. Current Zoning: R-3 (single family residential), MX-2 (mixed use), and R-17MF(CD) (multi-family residential, conditional) Proposed Zoning: R-17MF(CD) SPA (multi-family residential, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upoin resolution of outstanding issues related to transportation and environment. 2019-032_PHstaff 2_DONE.pdf 2019-032_RevSItePlan_09-17-2019.pdf 2019-032 previous site plan.pdf City of Charlotte Page 16 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 36. Rezoning Petition: 2019-036 by BSL Galbreath, Inc. Location: Approximately 8.70 acres located on the west side of Rhyne Road, south of Mt. Holly Road, west of Interstate 485. (Outside City Limits) Current Zoning: R-3 LWPA (single family residential, Lake Wylie Watershed - overlay, protected area) Proposed Zoning: I-2(CD) LWPA (general industrial, conditional, Lake Wylie Watershed - overlay, protected area) Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2019-036_PH_DONE.pdf 2019-036_RevSitePlan_08-12-2019.pdf 37. Rezoning Petition: 2019-049 by Apollo Holding Company, LLC Location: Approximately 9.00 acres located on the north side of Queen City Drive, south of Tuckaseegee Road, west of Toddville Road, north of I-85. (Council District 3-Mayfield) Current Zoning: R-17MF AIR (multi-family residential, airport noise overlay) Proposed Zoning: MUDD-O AIR (mixed-use development, optional, airport noise overlay) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and to requested technical revisions. 2019-049_PH_10-21-2019_done.pdf 2019-049_RevSItePlan_09-24-2019.pdf 38. Rezoning Petition: 2019-051 by Joyce M. Green Location: Approximately .66 acres located on the east side of West Sugar Creek Road at Lynn Lee Circle. (Council District 2 - Harlow) Current Zoning: R-3 (single family residential) Proposed Zoning: INST (CD) (institutional, conditional) Staff Recommendation: Staff recommends approval of this petition. 2019-051_PHstaff_DONE.pdf 2019-051_RevSitePlan_06-26-2019.pdf City of Charlotte Page 17 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 39. Rezoning Petition: 2019-068 by Chelsea Building Group, LLC Location: Approximately 6.17 acres located on the east side of China Grove Church Road, west of South Boulevard, north of I-485. (Council District 3 - Mayfield) Current Zoning: R-4 (single family residential) Proposed Zoning: R-8 (single family residential) Staff Recommendation: Staff recommends approval of this petition. 2019-068 PHstaff_10-21-19_done.pdf 40. Rezoning Petition: 2019-071 by FH 1524 Sunset Road, LLC Location: Approximately 54.99 acres located on the south side of Sunset Road, east of Oakdale 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. 2019-071 PHstaff_done.pdf 2019-071_RevSitePlan_08-12-2019.pdf 41. Rezoning Petition: 2019-078 by Charter Properties Location: Approximately 39.75 acres located on the north side of Johnston Oehler Road, east of Prosperity Ridge Road, south of Interstate 485. (Council District 4 - Phipps) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-3(CD) (urban residential, conditional), with five-year vested rights Staff Recommendation: Staff recommends approval of this petition. 2019-078 PHstaff_done.pdf 2019-078_RevSitePlan_09-17-2019.pdf City of Charlotte Page 18 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 42. Rezoning Petition: 2019-084 by Lake Mather, LLC Location: Approximately 0.18 acres located on Greystone Road, east of South Boulevard, south of Marsh Road. (Council District 1 - Egleston) Current Zoning: R-4 (single family residential) Proposed Zoning: UR-1(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, site and building design and technical revisions. 2019-084 PH_10-21-2019_done.pdf 2019-084_RevSitePlan_08-12-2019 43. Rezoning Petition: 2019-087 by JDSI, LLC Location: Approximately 13.8 acres located on the west side of Harrisburg Road, south of Starnes-Randall Road. (Council District 5 - Newton) Current Zoning: NS (neighborhood services) Proposed Zoning: R-8 (single family residential) Staff Recommendation: Staff recommends approval of this petition. 2019_087_DONE_UPDATED.pdf 44. Rezoning Petition: 2019-088 by JDSI, LLC Location: Approximately 40.73 acres located on the west side of Hood Road, south of Plaza Road Extension. (Outside City Limits) Current Zoning: R-3 (single family residential) Proposed Zoning: R-8 (single family residential) Staff Recommendation: Staff recommends approval of this petition. 2019_088_DONE_UPDATED City of Charlotte Page 19 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 45. Rezoning Petition: 2019-090 by Culp Road Materials, LLC Location: Approximately 34.6 acres located on the south side of Old Dowd Road, west of Interstate 485. (Outside City Limits) Current Zoning: R-3 and R-MH LLWCA (single family residential, residential manufactured housing, Lower Lake Wylie watershed-overlay, critical area) Proposed Zoning: I-2(CD) LLWCA with five-year vested rights (general industrial, conditional, Lower Lake Wylie watershed-overlay, critical area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environment. 2019-090 PHstaff_done.pdf 46. Rezoning Petition: 2019-091 by Ramon Adams Location: Approximately 2.6 acres located on the north side of McLean Road, east of Faires Farm Road, west of Michael Crossing Drive, east of Old Concord Road. (Council District 4 - Phipps) Current Zoning: R-3 (single family residential) Proposed Zoning: R-6 (single family residential) Staff Recommendation: Staff recommends approval of this petition. 2019_091_PreHearingStaff_done.pdf 47. Rezoning Petition: 2019-093 by 406 W. 32nd, LLC Location: Approximately 2.12 acres located off West 32nd Street, off North Tryon Street. (Council District 1 - Egleston) Current Zoning: I-2 (general industrial) Proposed Zoning: MUDD-O (mixed use development, optional provisions) Staff Recommendation: Staff does not recommend approval of this petition. 2019-093 PHstaff_DONE.pdf 2019-093_RevSitePlan_09-17-2019.pdf City of Charlotte Page 20 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 48. Rezoning Petition: 2019-094 by Andrew Parker Location: Approximately 0.41 acres located on the east side of North Davidson Street, north of Charles Avenue and Matheson Avenue. (Council District 1 - Egleston) Current Zoning: R-5) (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation and site and building design. 2019-094-PreHearingStaff_DONE.pdf 2019-094_RevSitePlan_09-17-2019.pdf 49. Rezoning Petition: 2019-097 by Ardent Acquisitions, LLC Location: Approximately 17.02 acres located on the west side of South Tryon Street, south of Blairhill Road, south of Clanton Road, east of Interstate 77. (Council District 3 - Mayfield) Current Zoning: I-1 and I-1(CD) (light industrial and light industrial, conditional) Proposed Zoning: TOD-TR (transit oriented development-transit transition) Staff Recommendation: Staff recommends approval of this petition. 2019-097 PH_DONE.pdf 50. Rezoning Petition: 2019-099 by Townes Mozer Location: Approximately 2.33 acres located on the southwest corner of South Tryon Street and Griffith Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-NC (transit oriented development-neighborhood center) Staff Recommendation: Staff recommends approval of this petition. 2019-099 PH_DONE.pdf City of Charlotte Page 21 Printed on 10/18/2019 City Council Zoning Meeting Zoning Agenda October 21, 2019 51. Rezoning Petition: 2019-100 by Matt Connolly-Pike Properties, LLC Location: Approximately 1.01 acres located on the west side of Seigle Avenue and south of McAden Street. (Council District 1 - Egleston) Current Zoning: I-2 (general industrial) Proposed Zoning: MUDD-O (mixed use development, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of an outstanding issue related to transportation. 2019-100 PH_DONE.pdf 2019-100_RevSItePlan_09-17-2019.pdf 52. Rezoning Petition: 2019-119 by RMK Builders Location: Approximately 0.29 acres located on North Alexander Street between East 34th Street and East 35th Street. (Council District 1 - Egleston) Current Zoning: R-8 (CD) (single family residential, conditional) Proposed Zoning: R-5 (single family residential) Staff Recommendation: Staff recommends approval of this petition. 2019-119 PHstaff_DONE.pdf 2019-119 Previous Site Plan.pdf 53. Rezoning Petition: 2019-122 by Beacon Partners Location: Approximately 39.70 acres located on the west side of Old Statesville Road, north of Gibbon Road. (Council District 2 - Harlow) Current Zoning: I-1(CD) (light industrial, conditional) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2019-122 PHstaff_DONE.pdf 2019-122 Previous site plan approved.pdf City of Charlotte Page 22 Printed on 10/18/2019