City Council Zoning Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, February 15, 2016 Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - Al Austin - John Autry Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith ALL REZONING PETITIONS MAY BE VIEWED ON THE WEB AT www.rezoning.org City Council Zoning Meeting Zoning Agenda February 15, 2016 5:00 P.M. DINNER MEETING, CH-14 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS 1. Dinner Meeting Agenda 1. Agenda Review - Tammie Keplinger Acronyms 2016 Dinner Agenda - FINAL 2. Follow Up Report Follow-Up Report Follow up report attachment 3. Upcoming Cases of Special Interest February Upcoming Rezoning Cases of Special Interest_02-02-2016_Final City of Charlotte Page 2 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 HISTORIC LANDMARK PUBLIC HEARING 4. Edward M. Rozzell House Property A public Hearing to be held by the City Council on the Question of designating the property known as “Edward M. Rozzell house Property” (listed under Tax Parcel Number 03122258 as of December 22, 2015) as and Historic Landmark. Property Owner: United State of America Location: 11601 Old Rozzelles Ferry Road Charlotte, North Carolina Rozzell Hse Prop RCA Rozzell Hse Prop Cover Rozzell Hse Prop Ordinance Rozzell Hse S&R Addendum Rozzell Hse S&R Rozzell Hse Prop Tax Ltr Rozzell Hse Prop HLC Vote Rozzell Hse Prop SHPO 5. Sloan-Porter House A Public Hearing to be held by the City Council on the Question of designating the property known as the “Sloan-Porter House” (listed under Tax Parcel Number 11317102 as of December 31, 2015) as an Historic Landmark. Property Owner: Brian S. Clarke, and Christine Elizabeth Mille Clarke Location: 10124 Walkers Ferry Road Charlotte, North Carolina Sloan-Porter Hse RCA Sloan-Porter Hse Cover Sloan-Porter Hse Ordinance Sloan-Porter Hse Survey and Research Report Sloan-Porter Hse Tax Ltr Sloan-Porter Hse HLC Vote Sloan-Porter Hse SHPO Ltr City of Charlotte Page 3 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 ZONING DECISIONS 6. Rezoning Petition: 2015-037 by Dominick Ristaino Update: Requesting Deferral (to March 21, 2016) Location: Approximately 0.46 acres located on the north side of West Boulevard between South Tryon Street and Wickford Place. (Council District 3 - Mayfield) Current Zoning: R-5 (HD) (single family residential, historic district overlay) Proposed Zoning: O-1(CD) (HD) (office, conditional, historic district overlay) Zoning Committee Recommendation The Zoning Committee voted 6-0 to DEFER this petition to their February 24, 2016 Zoning Committee Work Session. 2015-037_reco_01-27-2016-final 2015-037 vicinity map 2015-037 rezoning map revised 7. Rezoning Petition: 2015-099 by Pappas Location: Text Amendment to the City of Charlotte Zoning Ordinance to 1) add retail establishments and eating, drinking and entertainment establishments in hotels and motels, office, and multi-family buildings; and 2) add and modify the prescribed conditions when located in an office zoning district, with PED (pedestrian overlay) district designation. Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Centers, Corridors and Wedges Growth Framework, based on information from the staff analysis and the public hearing, and because it meets the plan goals to provide: § A greater mix of commercial uses; and § A range of choices for employment and entertainment opportunities. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The existing office zoning districts currently limit the size and design of retail, indoor recreation and eating/drinking/ entertainment establishment (Type 1 and Type 2) uses in a manner unsupportive of the goals of the pedestrian overlay district (PED). The proposed amendment changes certain standards to better support a pedestrian friendly environment and reinforce the purpose of the PED zoning district; and § The proposed amendment increases the amount of allowable retail, indoor recreation and eating/drinking/entertainment establishment uses to encourage more ground floor activation; and § The proposed amendment revises the design standards for external entrances and merchandise display to support active street-oriented retail uses; and City of Charlotte Page 4 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 § The proposed amendment clarifies the standards on location of these uses. 2015-099_reco_1-27-16-final 2015-099 matrix rev 7 1-8-16 2015-099 amendment rev 11 8. Rezoning Petition: 2015-120 by Grubb Properties, Inc. Location: Approximately 10.7 acres located on the southeast corner at the intersection of Park Road and Abbey Place. (Council District 6 - Smith) Current Zoning: O-1 (office district) Proposed Zoning: MUDD-O (mix use development, optional) 5-Year Vested Rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Park Woodland Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends a mix of higher intensity uses (residential, office, and/or retail) in a pedestrian friendly form. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The site is located in the Park/Woodlawn Mixed Use Activity Center, which is a priority area to accommodate future growth in an urban, pedestrian-oriented development form; and § The proposed development supports the goal of the plan to reduce the amount of surface parking lots and establish the area as part of the core of the Mixed Use Activity Center; and § The site plan implements the desired mixed-use development concept by committing to ground floor retail space at the corner of Park Road and Mockingbird Lane and by allowing additional ground floor retail space within office and multi-family buildings; and § The development supports walkability by committing to a mix of residential and non-residential components with street level access; and § It also improves pedestrian mobility by providing a pedestrian crosswalk at Park Road and Mockingbird Lane and a network of internal sidewalks connecting the sidewalk along the public streets to buildings, dwelling units and the centralized public open space; and § The proposal enhances connectivity by adding new streets, which will supplement the existing network. 2015-120_reco_1-27-16_final 2015-120 vicinity map 2015-120 rezoning map 2015-120_RevisedSitePlan_02-05-2016 9. Rezoning Petition: 2015-122 by David Weekley Homes Location: Approximately 15.2 acres located on the southeast corner at the intersection of North City of Charlotte Page 5 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Community House Road and Paulston Road. (Council District 7 - Driggs) Current Zoning: R-3 (single family residential) Proposed Zoning: MX-2 (mixed use) 5-Year Vested Rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the South District Plan, and the density is supported by the General Development Policies based on information from the staff analysis and the public hearing, and because: § The plan recommends residential uses for the site; and § The General Development Policies supports a density of up to six dwelling units per acre. § Therefore, this petition was found to be reasonable and in the public interest based on the information from the staff analysis and the public hearing, and because: § The petition proposes a density of 5.72 dwelling units per acre and is consistent with the recommended density for the area; and § The petition provides a mixture of single family residential housing options by including single family homes and attached townhomes in a single unified development; and § The proposal includes buffers where adjacent to single family development and places the lowest density housing closest to existing single family homes. 2015-122_reco_1-27-16-final 2015-122 vicinity map 2015-122 rezoning map 2015-122_RevisedSitePlan_02-08-2016 10. Rezoning Petition: 2015-133 by BRC Salome Church LLC Location: Approximately 20.6 acres located near the northwest corner at the intersection of Salome Church Road and North Tryon Street. (Council District 4 - Phipps) Current Zoning: R-3 (single-family residential) and R-22MF (CD) (multi-family residential, conditional) Proposed Zoning: R-12MF (CD) (multi-family residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Northeast Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends residential development at up to 12 dwelling units per acre for this site. City of Charlotte Page 6 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The proposed development is consistent with the adopted plan recommendation, which calls for residential development up to 12 units per acre; and § The site is located at a confluence of major streets, on or near I-485, North Tryon Street and Salome Church Road, and is located in an area planned and zoned for primarily residential development; and § The site design meets the plan’s recommendation for higher density residential, by providing an internal network of streets that connects to abutting properties and to Salome Church Road and by fronting buildings along these streets; and § Architecture features such as building materials, minimization of long and blank walls, and roof pitches have been included to support the goal of designing buildings to fit into a larger neighborhood context. 2015-133_ZC Reco_01-04-16 2015-133 vicinity map 2015-133 rezoning map 2015-133_RevisedSitePlan_12-29-2015. 11. Rezoning Petition: 2016-001 by CitiSculpt, LLC Location: Approximately 3.65 acres located on the east side of Benfield Road between Johnston Oehler Road and Prosperity Church Road. (Council District 4 - Phipps) Current Zoning: NS (neighborhood services) Proposed Zoning: NS SPA (neighborhood services, site plan amendment) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Prosperity Hucks Area Plan, based on information from the staff analysis and the public hearing, and because: § The proposed retail is consistent with the plan recommendation for a mix of uses, including retail/service, office, hotel, and institutional uses, designed and connected as a walkable place. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The property is located in the Prosperity Mixed Use Activity Center, a priority area for urban, pedestrian-oriented development; and § The Prosperity Hucks Area Plan further sets the vision for a walkable, connected variety of retail, office, entertainment, and residential uses; and § The existing approved rezoning site plan is for small office buildings; this proposal will provide for a wider mix of uses, including retail and/or office uses; and § The proposal retains the approved site design with buildings fronting on public streets and parking to the rear, supporting the intent of the area plan for a walkable town center. City of Charlotte Page 7 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 2016-001_reco_01-27-2016-final 2016-001 vicinity map 2016-001 rezoning map 2016-001-RevisedSitePlan_01-21-2016 12. Rezoning Petition: 2016-002 by Mosaic Village Holdings, LLC Location: Approximately 2.75 acres located on the west side of West Trade Street between North Bruns Avenue and Montgomery Street. (Council District 2 - Austin) Current Zoning: B-1 (PED) (neighborhood business, pedestrian overlay) & R-8 (single family residential) Proposed Zoning: B-1 (PED-O) (neighborhood business, pedestrian overlay-optional) & R-8(CD) (single family residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the West End Land Use & Pedscape Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends mixed-use (multi-family/office/retail) for this site. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The request will accommodate a use that is permitted in the recommended B-1 PED (neighborhood business, pedestrian overlay) district; and § The proposal will not result in an increase in the building’s footprint; and § The proposal includes a new lot to provide tree save for the development; and § The proposed enclosure will have limited visibility from abutting single family homes; and § The petitioner is providing an enhanced buffer at the ground level where the existing parking structure is visible to abutting single family homes; and § The proposal supports the Plan’s vision for this area as an urban/cultural/arts district with a mix of higher intensity uses. 2016-002_reco_01-27-2016-final 2016-002 vicinity map 2016-002 rezoning map revised2 2016-002_RevisedSitePlan_12-18-2015 13. Rezoning Petition: 2016-003 by Eastern Hospitality NC, LLC Location: Approximately 7.1 acres located on the east side of Nations Ford Road between West Tyvola Road and Stonebrook Drive. (Council District 3 - Mayfield) Current Zoning: CC (commercial center) Proposed Zoning: CC SPA (commercial center, site plan amendment) City of Charlotte Page 8 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Southwest District Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends a mix of uses including office, hotel, and other uses permitted in the CC (commercial center) zoning district. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The site lies within a development that is located at an Interstate 77 interchange and that currently contains three existing hotels, an office building, and a bank branch; and § The proposed office or hotel use is compatible with the existing development and consistent with the area plan; and § The proposal includes a 35-foot landscape buffer along Nations Ford Road, which will provide additional separation between the development and existing residential across the street. 2016-003_reco_01-27-2016-final 2016-003 vicinity map 2016-003 rezoning map 2016-003_RevisedSitePlan_01-21-2016 14. Rezoning Petition: 2016-004 by Selwyn Property Group Investments, LLC Update: The petitioner has requested a deferral of the decision on this petition until March 21, 2016. Location: Approximately 2.23 acres located on the west side of Park Road between Wyndcrofte Place and Hillside Avenue. (Council District 1 - Kinsey) Current Zoning: R-4 (single family residential) Proposed Zoning: UR-2 (CD) urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. 2016-004_reco_01-27-2016_final 2016-004 vicinity map 2016-004 rezoning map revised2 15. Rezoning Petition: 2016-005 by WP East Acquisitions, LLC City of Charlotte Page 9 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Location: Approximately 3.3 acres located on the southeast corner at the intersection of North Brevard Street and East 25th Street. (Council District 1 - Kinsey) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M (CD) (transit oriented development-mixed use, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Blue Line Extension Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends transit supportive development. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The site is located across Brevard Street from the proposed 25th Street Transit Station and is included in a larger area envisioned to be redeveloped with transit supportive or mixed use development; and § This proposed TOD-M (transit oriented development - mixed-use) zoning is more consistent with the vision for the area than the current I-2 (general industrial) zoning; and § The proposed development is designed to be transit supportive and will include up to 280 multi-family residential units at a density of 84.8 units per acre; and § The pedestrian friendly design, with buildings fronting directly on public streets and multiple pedestrian connections to North Brevard Street, will allow a short walk to the proposed light rail station across North Brevard Street; and § The proposed development abuts Little Sugar Creek and includes dedication of land along it, as called for by the Mecklenburg County Adopted Greenway Plan; and § The plan also commits to an amenitized open space area along the creek to supplement the Cross Charlotte Trail, which is preliminarily planned to be located across Little Sugar Creek. 2016-005_reco_1-27-16-final 2016-005 vicinity map 2016-005 rezoning map revised 2016-005_RevisedSitePlan_01-21-2016 16. Rezoning Petition: 2016-006 by Air West Commerce Center II, LLC & EWN Holdings, LLC Location: Approximately 6.04 acres located on the southwest corner at the intersection of Billy Graham Parkway and Wilkinson Boulevard. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: I-1 (light industrial) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. City of Charlotte Page 10 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Southwest District Plan, based on information from the staff analysis and the public hearing, and because: § The plan, recommends office/industrial land uses for these parcels as well as the surrounding area, which is located just north of the Charlotte-Douglas International Airport. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The adopted plan recommends office/industrial land uses; and § The rezoning site is generally surrounded by office, warehouse, industrial, and retail land uses on properties located in business and industrial zoning districts; and § The site is located just north of the Charlotte-Douglas International Airport and is located within the “Combined 1996 Noise Exposure Map/Noise Compatibility Program Noise Contours” which identifies the day/night average sound level at 65 decibels, and which is not conducive to residential development; and § Uses allowed in the I-1 (light industrial) district, such as warehouse distribution, manufacturing, and other non-residential uses, are least effected by the airport noise. Residential uses are not permitted in the I-1 district. 2016-006_reco_01-27-2016-final 2016-006 vicinity map 2016-006 rezoning map 17. Rezoning Petition: 2016-009 by Eastgroup Properties, LP Location: Approximately 48.80 acres located on the west side of Sandy Porter Road between Shopton Road and Interstate 485. (Outside City Limits) Current Zoning: R-3 (single family residential) Proposed Zoning: I-1 (CD) (light industrial, conditional) 5-Year Vested Rights Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the Steele Creek Area Plan, based on information from the staff analysis and the public hearing, and because: § The petition is consistent with the plan recommendation for office/industrial-warehouse distribution land uses. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The request is supported by the Steele Creek Area Plan; and § The site is located within the Shopton Road Industrial Activity Center according to the Centers, City of Charlotte Page 11 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Corridors & Wedges Growth Framework; and § The proposal provides additional phases to the Steele Creek Commerce Park, which is currently developed with phases 1 and 2; and § A portion of the site is adjacent to Interstate 485 and the entire site is approximately 1.5 miles from the Charlotte-Douglas International Airport and the Norfolk Southern Intermodal Facility. 2016-009_reco_01-27-2016-final 2016-009 vicinity map 2016-009 rezoning map revised2 2016-009_RevisedSitePlan_01-21-2016 18. Rezoning Petition: 2016-010 by Fourstore, LLC Update: Requesting Deferral (to March 21, 2016) Location: Approximately 4.3 acres located on the southeast corner at the intersection of West Mallard Creek Church Road and Legranger Road. (Council District 4 - Phipps) Current Zoning: R-4 (single family residential) Proposed Zoning: BD (CD) (distributive business, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to DEFER this petition to their February 24, 2016 meeting. 2016-010_reco_01-27-2016-final 2016-010 vicinity map 2016-010 rezoning map 19. Rezoning Petition: 2016-011 by Meck City Social Parent, LLC Location: Approximately 1.18 acres located on the southeast corner at the intersection of Yancey Road and Southside Drive. (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 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be inconsistent with the Scaleybark Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends low to moderate intensity office, industrial and warehouse-distribution uses. § However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The Scaleybark Transit Station Area Plan did not identify this site for the retail, office and residential uses and the urban form called for by the MUDD (mixed use development district) and City of Charlotte Page 12 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 typically found in transit station areas; and § However, the site is located within a ½ mile walk of the Scaleybark Transit Station on the LYNX Blue Line; and § At the time the plan was written, this area was not expected to transform into a more urban district, but recently existing structures in the area have converted from industrial/warehouse uses. One notable example is the Olde Mecklenburg Brewery, which includes a large eating and entertainment component; and § The proposal will allow a building previously used for warehouse and distribution to be used for a range of non-industrial uses such as retail, eating/drinking/entertainment, office and residential uses. 2016-011_rec_01-27-2016-final 2016-011 vicinity map 2016-011 rezoning map revised 2016-011_revised site plan_02-09-2016 20. Rezoning Petition: 2016-012 by Christopher Byers Location: Approximately 0.59 acres located on the northeast corner at the intersection of Winnifred Street and West Bland Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M (transit oriented development-mixed use) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the South End Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends transit supportive development for this site. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The site is within a ½ mile walk of the Bland Street Transit Station on the Lynx Blue Line; and § The proposal allows a site previously used for and industrial/office use to convert to transit supportive land uses; and § Use of conventional TOD-M (transit oriented development - mixed-use) zoning applies standards and regulations to create the desired form and intensity of transit supportive development, and a conditional rezoning is not necessary; and § TOD (transit oriented development) standards include requirements for appropriate streetscape treatment, building setbacks, street-facing building walls, entrances, and screening. 2016-012_reco_01-27-2016-final 2016-012 vicinity map 2016-012 rezoning map 21. Rezoning Petition: 2016-013 by Richter Development, LLC City of Charlotte Page 13 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Location: Approximately 2.47 acres located on the south side of East Woodlawn Road between Halstead Drive and Park Road. (Council District 6 - Smith) Current Zoning: R-6MF (CD) (multi-family residential, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 6-0 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be consistent with the land use but inconsistent with the density in the Park Woodlawn Area Plan, based on information from the staff analysis and the public hearing, and because the plan recommends: § Residential uses for the site; and § Density up to 17 dwelling units per acre. § However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The site is located within the Park/Woodlawn Mixed Use Activity Center, which is identified as an area appropriate for higher intensity development designed to support pedestrian activity; and § The site is located within walking distance of the Park Road Shopping Center, Parktowne Village, Montford Drive and the Little Sugar Creek Greenway; and § The attached townhome development type provides for an appropriate transition from the single family neighborhood south of the site to the more intensive multi-family development to the north across Woodlawn Road; and § The 48-unit development is proposed at a density of 19 dwelling units per acre, which is only a minor increase over the plan recommendation of 17 dwelling units per acre, which would result in 42 units; and § While this proposal does not incorporate all parcels from the prior rezoning, it does assemble all contiguous parcels without leaving isolated “orphan” properties. 2016-013_reco_1-27-16_final 2016-013 vicinity map 2016-013 rezoning map revised 2016-013-RevisedSitePlan_02-04-2016 City of Charlotte Page 14 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 ZONING HEARINGS 22. Rezoning Petition: 2016-015 by FCD - Development, LLC Update: Community Meeting Report was not submitted. Defer to (March 21, 2016) Location: Approximately 1.68 acres located on the northwest corner at the intersection of East 7th Street and North Caswell Road. (Council District 1 - Kinsey) Current Zoning: NS (neighborhood services) Proposed Zoning: MUDD (O) (mixed use development, optional) with 5-year vested rights Untitled Extract Pages 23. Rezoning Petition: 2016-016 by FCD-Development, LLC Update: The petitioner is requesting a deferral of this public hearing until March 21, 2016. Location: Approximately 4.3 acres located on the northwest corner at the intersection of North Davidson and East 26th Street. (Council District 1 - Kinsey) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M (transit oriented development, residential) 5-Year Vested Rights & TOD-M (O) (transit oriented development, residential, optional) 5-Year Vested Rights Untitled Extract Pages 24. Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC Location: Approximately 2.9 acres located on the south side of Drexel Place and north side of Woodlawn Road near the intersection of Park Road and Drexel Place and Park Road and Woodlawn Road. (Council District 1 - Kinsey) Current Zoning: R-4 (single family residential) and UR-3(CD) (urban residential, conditional) Proposed Zoning: MUDD-O (mixed use development, conditional). Staff Recommendation: Staff recommends denial of this petition due to the proposed multi-family encroachment into an established single family neighborhood. 2015-093_staff_02-15-16-final-final 2015-093 vicinity map 2015-093 rezoning map 2015-093_RevisedSitePlan_01-15-2016 Previsously Approved Cover Page 2015-093 previously approved plan 2008-075 approved site plan City of Charlotte Page 15 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 25. Rezoning Petition: 2015-111 by North Wendover Partners, LLC Location: Approximately 2.48 acres located on the southwest corner at the intersection of North Wendover Road and Melchor Avenue. (Council District 1 - Kinsey) 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 related to fencing, blank walls, site and building design and other minor issues. 2015-111_ Staff_02-15-16_final-final 2015-111 vicinity map 2015-111 rezoning map 2015-111_RevisedSitePlan_12-18-2015 26. Rezoning Petition: 2015-126 by Parkwood Residences, LLC Location: Approximately 3.63 acres located on the southeast corner at the intersection of North Brevard Street and East 21st Street. (Council District 1 - Kinsey) Current Zoning: I-1 (light industrial) & I-2 (general industrial) Proposed Zoning: TOD-R (O) (transit oriented development, residential optional) 5-Year Vested Rights Staff Recommendation: Staff does not recommend approval of this petition in its current form because the proposed site plan does not include space designed to accommodate active ground floor nonresidential uses Parkwood Avenue. 2015-126_Staff Analysis_2-15-16_final-final 2015-126 vicinity map 2015-126 rezoning map revised2 2015-126 Revised Site Plan 27. Rezoning Petition: 2016-028 by Stor-All Properties, Inc. Update: Staff has requested a deferral of this petition to March 21, 2016. Location: Approximately 4.09 acres located on the north side of South Tryon Street between Wright’s Ferry Road and Grandiflora Drive. (Council District 3 - Mayfield) Current Zoning: R-3 (single family residential) Proposed Zoning: BD(CD) ( distributive business, conditional ) 5-year Vested Rights Untitled Extract Pages 28. Rezoning Petition: 2016-025 by BNA Homes, LLC Location: Approximately 9.52 acres located on the east side of Wright's Ferry Road near the intersection of South Tryon Street and Wright's Ferry Road . (Council District 3 - Mayfield) City of Charlotte Page 16 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Current Zoning: R-3 (single family residential) Proposed Zoning: R-12MF (CD) (multi-family residential, conditional) & BD (CD) (distributive business, conditional) Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2016-025_staff_02-15-2016_final-final 2016-025 vicinity map 2016-025 rezoning map 2016-025_RevisedSitePlan_01-15-2016 29. Rezoning Petition: 2016-017 by Rockwell Capital, LLC Location: Approximately2.71 acres located on the southeast corner at the intersection of Euclid Avenue and Atherton Street, also abutting Marshall Place. (Council District 1 - Kinsey) Current Zoning: R-5 (single family residential) & B-2 (general business) Proposed Zoning: UR-3(CD) (urban residential, conditional) Staff Recommendation: Staff does not recommend approval of this petition in its current form due to density and encroachment into the Dilworth neighborhood. 2016-017_staff_02-15-2016_final-final 2016-017 vicinity map 2016-017 rezoning map rev 2016-017_RevisedSitePlan_01-15-2016 30. Rezoning Petition: 2015-058 by Childress Klein Location: Approximately 7.1 acres located on the southwest corner at the intersection of Morrison Boulevard and Sharon Road. (Council District 6 - Smith) Current Zoning: R-3 (single family residential) & B-1SCD (business shopping center) Proposed Zoning: MUDD-O (mixed use development, optional) 5-Year Vested Rights Staff Recommendation: Staff recommends approval of this petition upon resolution of the outstanding issues related to buildings within the airspace above the proposed public street, setbacks, parking deck exposure, signs, and turn lanes. 2015-058_staff_2-15-16-final-final 2015-058 vicinity map 2015-058 rezoning map 2015-058_RevisedSitePlan_01-15-2016 31. Rezoning Petition: 2015-059 by Childress Klein Location: Approximately 1.53 acres located on the north side of Coltsgate Road between Sharon Road and Cameron Valley Parkway. (Council District 6 - Smith) City of Charlotte Page 17 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Current Zoning: R-3 (single family residential) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to the building/parking envelope, screening, future back of curb, setbacks, and sign allowances. 2015-059_staff_2-15-16-final-final 2015-059 vicinity map 2015-059 rezoning map 2015-059_RevisedSitePlan_01-15-2016 32. Rezoning Petition: 2016-008 by City Center Hotel, Inc. Location: Approximately 8.64 acres located on the west side of Collins Aikman Drive between McCullough Drive and West W.T. Harris Boulevard. (Council District 4 - Phipps) Current Zoning: O-2 (CD) (office district, conditional) & B-2 (CD) (general business, conditional) Proposed Zoning: B-2 (CD) (general business, conditional) 5-Year Vested Rights & B-2 (CD) SPA (general business, conditional site plan amendment) 5-Year Vested Rights Staff Recommendation: Staff does not recommend approval of this petition in its current form due to the lack of design commitments for new uses added to the site and desired pedestrian facilities. 2016-08_staff analysis_02-15-16-final-final 2016-008 vicinity map 2016-008 rezoning map revised 2016-008_RevisedSitePlan_12-18-2015 Previsously Approved Cover Page 2016-08_approved site plan_2008-105 33. Rezoning Petition: 2015-116 by Hwy. 521 Partners, LLC Location: Approximately 13.22 acres located on the southwest corner at the intersection of Providence Road West and Johnston Road. (Council District 7 - Driggs) Current Zoning: O-1 (CD) (office, conditional) Proposed Zoning: CC (commercial center) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to uses, expanses of blank walls, stormwater facilities, and transportation notes. City of Charlotte Page 18 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 2015-116_staff_2-15-16-final-final 2015-116 vicinity map 2015-116 rezoning map 2015-116_RevisedSitePlan_01-15-2016 Previsously Approved Cover Page 2015-116_prev approved plan 2011-002AAJuly2014 34. Rezoning Petition: 2016-019 by Johnson C. Smith University Location: Approximately1.61 acres located on the northeast corner at the intersection of Campus Street and Mill Road. (Council District 2 - Austin) Current Zoning: B-1(PED) (neighborhood business, pedestrian overlay), R-22MF (multi-family residential), & R-22MF (PED) (multi-family residential, pedestrian overlay) Proposed Zoning: MUDD-O (mixed use development, optional) & MUDD-O (PED) (mixed use development, optional, pedestrian overlay) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to clarification of uses and optional provisions, future parking and dedication of right-of-way. 2016-019_staff_02-15-2016-final-final 2016-019 vicinity map 2016-019 rezoning map 2016-019_RevisedSitePlan_01-15-2016 35. Rezoning Petition: 2016-022 by Philip W. McLamb Location: Approximately 1.02 acres located on the north side of Central Avenue near the intersection of Landis Avenue and Central Avenue. (Council District 1 - Kinsey) Current Zoning: B-1 (neighborhood business) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition. 2016-022_Staff analysis_02-15-16_final-final 2016-022 vicinity map 2016-022 rezoning map revised2 2016-022_RevisedSitePlan_01-15-2016 36. Rezoning Petition: 2016-026 by Hopper Communities Location: Approximately4.56 acres located on the north side of Wesley Heights Way and generally bounded by Sumter Avenue, Auten Street, Duckworth Avenue and Wesley Heights Way. (Council District 2 - Austin) Current Zoning: R-8 (single family residential) & UR-3(CD) PED-O (urban residential conditional, pedestrian overlay, optional) City of Charlotte Page 19 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 Proposed Zoning: UR-3(CD) PED-O (urban residential conditional, pedestrian overlay, optional) & UR-3(CD) SPA PED-O (urban residential conditional, site plan amendment, pedestrian overlay) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues pertaining to building design, pedestrian orientation, and other technical issues. 2016-026_staff_02-15-2016-final-final 2016-026 vicinity map 2016-026 rezoning map revised 2016-026_RevisedSitePlan_01-15-2016 Previsously Approved Cover Page 2016-026_approved 2011-025 2016-026_ approved 2007-104 37. Rezoning Petition: 2016-032 by NR Pinehurst Owner, LLC Location: Approximately 36.1 acres located on the west side of Providence Road between Cloister Drive and Knob Oak Lane. (Council District 6 - Smith) Current Zoning: R-17MF (CD) (multi-family residential, conditional) Proposed Zoning: MUDD-O (mixed use development, optional) 5 year-vested rights Staff Recommendation: Staff does not recommend approval of this petition in its current form because the proposed site plan does not mitigate the building mass of five stories and length of 690 feet along the Providence Road frontage. 2016-032_staff_2-15-16-final-final 2016-032 vicinity map 2016-032 rezoning map revised 2016-032_RevisedSitePlan_01-05-2016 Previsously Approved Cover Page 2016-032_prev apprved plan 2015-052 38. Rezoning Petition: 2016-023 by American Towers, LLC Location: Approximately 2.8 acres located on the east side of Newell Farm Road near the intersection of Old Concord Road and Newell Farm Road. (Council District 4 - Phipps) Current Zoning: I-1 (CD) (light industrial, conditional) Proposed Zoning: I-1(CD) SPA (light industrial, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues. City of Charlotte Page 20 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 2016-23_staff analysis_02-15-16-final-final 2016-023 vicinity map 2016-023 rezoning map revised 2016-023 site plan Previsously Approved Cover Page 2016-23 prev approved plan 1997-036C 39. Rezoning Petition: 2016-027 by Linda Pistone Location: Approximately 95.67 acres located on the east side of Statesville Road and west side of Old Statesville Road near the intersection of Statesville Road and Old Statesville Road. (Council District 2 - Austin) Current Zoning: I-1 (CD) (light industrial, conditional) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2016-027_staff_02-15-2016_final-final 2016-027 vicinity map 2016-027 rezoning map 40. Rezoning Petition: 2016-031 by Domenic Polzella Location: Approximately 7 acres located on the east side of Bob Beatty Road near the intersection of Old Statesville Road and Bob Beatty Road . (Council District 4 - Phipps) Current Zoning: I-1 (light industrial) Proposed Zoning: B-2 (general business) Staff Recommendation: Staff recommends approval of this petition. 2016-031_staff_02-15-2016_final-final 2016-031 vicinity map 2016-031 rezoning map revised 41. Rezoning Petition: 2016-007 by City of Charlotte Update: Staff has requested a deferral of this petition to March 21, 2016. Location: Approximately 12.5 acres located on the east side of Wilora Lake Road between Justin Forest Drive and Hollyfield Drive. (Council District 5 - Autry) Current Zoning: B-1SCD (business shopping center), O-15(CD) (office, conditional) & MUDD-O (mixed use development, optional) Proposed Zoning: R-4 (single family residential) Untitled Extract Pages City of Charlotte Page 21 Printed on 2/15/2016 City Council Zoning Meeting Zoning Agenda February 15, 2016 42. Rezoning Petition: 2016-021 by Charlotte-Douglas International Airport Location: Approximately 2.02 acres located on the southeast corner at the intersection of Boyer Street and Withrow Road near Billy Graham Parkway. (Council District 3 - Mayfield) Current Zoning: R-17MF (multi-family residential) Proposed Zoning: I-2 (general industrial) Staff Recommendation: Staff recommends approval of this petition. 2016-021_staff_02-15-2016-final-final 2016-021 vicinity map 2016-021 rezoning map City of Charlotte Page 22 Printed on 2/15/2016