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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · February 29, 2016

AgendaMinutes

Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, February 29, 2016 5:30 PM 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 City Council Zoning Meeting Zoning Minutes February 29, 2016 5:00 P.M. DINNER MEETING, CH-14 CALL TO ORDER The City Council of the City of Charlotte, North Carolina convened for a Dinner Briefing on Monday, February 29, 2016 at 5:14 p.m. in CH-14 of the Charlotte-Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 10 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council Member Greg Phipps, and Council Member Kenny Smith Absent: 1- Council Member Vi Lyles AUN: 1- Council Member James Mitchell AGENDA REVIEW This matter was For Information Only. ROLL CALL Council member Mitchell arrived at 5:26 p.m. Present: 11 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny Smith Absent: 1- Council Member Vi Lyles AREA PLAN STATUS AND TEXT AMENDMENT UPDATE An update on the Mobile Food Vending Text Amendment was presented. This amendment is scheduled for a public hearing at the March 21, 2016 zoning meeting. A motion was made by Council Member Mayfield, seconded by Council Member Austin, to Refer the Mobile Food Vending Text Amendment to Council Committee, the Community Safety Committee. The motion carried by the following vote: Yea: 9- Council Member Austin, Council Member Autry, Council Member Driggs, Council Member Eiselt, Council Member Fallon, Council Member Kinsey, Council Member Mayfield, Council Member Mitchell, and Council Member Smith Nay: 1- Council Member Phipps RECESS The meeting was recessed at 5:39 p.m. to move to the Council Chambers for the City of Charlotte Page 1 Printed on 3/1/2016 City Council Zoning Meeting Zoning Minutes February 29, 2016 regularly scheduled Zoning meeting. 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS CALL TO ORDER The City Council of the City of Charlotte, North Carolina reconvened for a recessed Zoning meeting on Monday, February 29, 2016 at 5:45 p.m. in the Council Chamber of the Charlotte-Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 11 - Mayor Jennifer Roberts, Council Member Al Austin, Council Member John Autry, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny Smith Absent: 1- Council Member Vi Lyles INTRODUCTIONS INVOCATION Council member Smith led the Invocation. PLEDGE OF ALLEGIANCE INTRODUCTION OF THE ZONING COMMITTEE Tony Lathrop, Chairperson of the Zoning Committee of the Planning Commission, introduced members of the Zoning Committee and said they will meet Monday, March 7, 2016, at 4:30 p.m. in the Government Center to discuss and make recommendations on the petitions that have public hearing tonight. The public is welcome but please note that it is not a continuation of the public hearing that is being held today. Before that meeting on the March 7, 2016, the public is welcome to contact the committee to provide input. Contact information and information on each of these petitions at charlotteplanning.org. EXPLANATION OF A ZONING MEETING Mayor Robert explained the rules and procedures of the Zoning meeting. OTHER BUSINESS 17. 15-2454 Rezoning Petition: 2016-009 by Eastgroup Properties, LP A motion was made by Council Member Mitchell and seconded by Council Member Fallon Not to refer this Zoning Decision back to the Zoning Committee. The motion carried unanimously. ZONING HEARINGS City of Charlotte Page 2 Printed on 3/1/2016 City Council Zoning Meeting Zoning Minutes February 29, 2016 32. 15-2461 Rezoning Petition: 2016-008 by City Center Hotel, Inc. Mayor Roberts opened the public hearing. Speakers: Brian Upton HK Patel A motion was made by Council Member Smith, seconded by Council Member Phipps, to Close the Public Hearing. The motion carried unanimously. 33. 15-2467 Rezoning Petition: 2015-116 by Hwy. 521 Partners, LLC Mayor Roberts opened the public hearing. Speakers: Keith MacVean A motion was made by Council Member Driggs, seconded by Council Member Mayfield, to Close the Public Hearing. The motion carried unanimously. 34. 15-2473 Rezoning Petition: 2016-019 by Johnson C. Smith University A motion was made by Council Member Autry, seconded by Council Member Mayfield, to Recuse Council member Austin from this Zoning Hearing. The motion carried unanimously. Mayor Roberts opened the public hearing. Speakers: Justin Harlow Anayd Ezeighbo A motion was made by Council Member Mitchell, seconded by Council Member Mayfield, to Close the Public Hearing. The motion carried unanimously. 35. 15-2475 Rezoning Petition: 2016-022 by Philip W. McLamb Mayor Roberts opened the public hearing. Speakers: Rus Ferguson A motion was made by Council Member Autry, seconded by Council Member Driggs, to Close the Public Hearing. The motion carried unanimously. 36. 15-2478 Rezoning Petition: 2016-026 by Hopper Communities Mayor Roberts opened the public hearing. Speakers: John Carmichael City of Charlotte Page 3 Printed on 3/1/2016 City Council Zoning Meeting Zoning Minutes February 29, 2016 A motion was made by Council Member Austin, seconded by Council Member Mayfield, to Close the Public Hearing. The motion carried unanimously. 37. 15-2482 Rezoning Petition: 2016-032 by NR Pinehurst Owner, LLC Mayor Roberts opened the public hearing. Speakers: John Carmiichael A motion was made by Council Member Smith, seconded by Council Member Phipps, to Close the Public Hearing. The motion carried unanimously. 38. 15-2476 Rezoning Petition: 2016-023 by American Towers, LLC Mayor Roberts opened the public hearing. Speakers: Chris Khouri A motion was made by Council Member Phipps, seconded by Council Member Smith, to Close the Public Hearing. The motion carried unanimously. 39. 15-2479 Rezoning Petition: 2016-027 by Linda Pistone Mayor Roberts opened the public hearing. Speakers: Collin Brown A motion was made by Council Member Austin, seconded by Council Member Mitchell, to Close the Public Hearing. The motion carried unanimously. 40. 15-2481 Rezoning Petition: 2016-031 by Domenic Polzella Mayor Roberts opened the public hearing. Speakers: Denise Hockaday Domenic Polzella A motion was made by Council Member Kinsey, seconded by Council Member Driggs, to Close the Public Hearing. The motion carried unanimously. 42. 15-2474 Rezoning Petition: 2016-021 by Charlotte-Douglas International Airport Mayor Roberts opened the public hearing. There were no speakers. A motion was made by Council Member Mayfield, seconded by Council Member Smith, to Close the Public Hearing. The motion carried unanimously. MAYOR AND COUNCIL TOPICS City of Charlotte Page 4 Printed on 3/1/2016 City Council Zoning Meeting Zoning Minutes February 29, 2016 The City Council Members share information and raise topics for discussion. CLOSED SESSION A motion was made by Council member Driggs, seconded to by Council member Austin to Go into Closed Session pursuant to NCGS 143-318.11 (a) (6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment or conditions of initial employment of an indiviudal public officer or employee or prospective public officer or employee. The motion carried unanimously. RECESS The meeting was recessed at 7:41 p.m. to move to the Mayor's Office for a closed session. ADJOURNMENT The meeting was adjourned at the conclusion of the closed session. City of Charlotte Page 5 Printed on 3/1/2016

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, February 29, 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 City Council Zoning Meeting Zoning Agenda February 29, 2016 5:00 P.M. DINNER MEETING, CH-14 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS CALL TO ORDER INTRODUCTIONS INVOCATION PLEDGE OF ALLEGIANCE INTRODUCTION OF THE ZONING COMMITTEE EXPLANATION OF A ZONING MEETING ZONING HEARINGS 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: City of Charlotte Page 2 Printed on 2/26/2016 City Council Zoning Meeting Zoning Agenda February 29, 2016 Staff recommends approval of this petition upon resolution of outstanding issues related to uses, expanses of blank walls, stormwater facilities, and transportation notes. 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) City of Charlotte Page 3 Printed on 2/26/2016 City Council Zoning Meeting Zoning Agenda February 29, 2016 Current Zoning: R-8 (single family residential) & UR-3(CD) PED-O (urban residential conditional, pedestrian overlay, optional) 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 4 Printed on 2/26/2016 City Council Zoning Meeting Zoning Agenda February 29, 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 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. City of Charlotte Page 5 Printed on 2/26/2016 City Council Zoning Meeting Zoning Agenda February 29, 2016 2016-021_staff_02-15-2016-final-final 2016-021 vicinity map 2016-021 rezoning map MAYOR AND COUNCIL TOPICS ADJOURNMENT City of Charlotte Page 6 Printed on 2/26/2016