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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · September 19, 2016

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, September 19, 2016 5:00 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 September 19, 2016 5:00 P.M. DINNER MEETING, CH-14 CALL TO ORDER The City Council of the City of Charlotte convened for a Dinner Briefing on Monday, September 19, 2016 at 5:10 p.m. in CH-14 of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 12 - 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 Vi Lyles, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny Smith 1. 15-3842 Meeting Agenda This matter was For Information Only. 2. 15-3843 Dinner Meeting Agenda This matter was For Information Only. 3. 15-3844 Follow Up Report This matter was For Information Only. RECESS The meeting recessed at 5:20 p.m. to move to the Meeting Chamber for the regularly scheduled Zoning Meeting. 5:30 P.M. ZONING MEETING, MEETING CHAMBER CALL TO ORDER The City Council of the City of Charlotte reconvened for a Zoning Meeting on Monday, September 19, 2016 at 5:38 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 12 - 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 Vi Lyles, Council Member LaWana Mayfield, Council Member James Mitchell, Council Member Greg Phipps, and Council Member Kenny Smith INTRODUCTIONS City of Charlotte Page 1 Printed on 9/20/2016 City Council Zoning Meeting Zoning Minutes September 19, 2016 INVOCATION Council member Phipps led the Invocation. PLEDGE OF ALLEGIANCE EXPLANATION OF A ZONING MEETING Mayor Roberts explained the Zoning Meeting rules and procedures. INTRODUCTION OF THE ZONING COMMITTEE Tony Lathrop, Chairperon introduced the members of the Zoning Committee of the Planning Commission. The Zoning Committee will meet Wednesday, September 28, 2016 at 4:30 p.m. at the Government Center to discuss and make recommendations on the petitoins that have public hearings tonight. The public is welcome at that meeting but it is not a continuation of the public hearing that is being held tonight. Before that meeting, the public is welcome to contact the members of the Committee to provide input, contact information and information on tonight's petitions can be found on the City's website at charlotteplanning.org. DEFERRALS 8. 15-3861 Rezoning Petition: 2016-083 by Demeter Properties, LLC A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Defer this Zoning Decision to October 17, 2016. The motion carried unanimously. 16. 15-3853 Rezoning Petition: 2016-016 by Clarke Allen A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Withdraw this Rezoning Petition. The motion carried unanimously. 17. 15-3951 Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft, LLC A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Defer this Zoning Hearing to October 17, 2016. The motion carried unanimously. 18. 15-3855 Rezoning Petition: 2016-087 by Haven Campus Communities A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Defer this Zoning Hearing to October 17, 2016. The motion carried unanimously. HISTORIC LANDMARK RESOLUTION City of Charlotte Page 2 Printed on 9/20/2016 City Council Zoning Meeting Zoning Minutes September 19, 2016 4. 15-3982 Biddleville Cemetery A motion was made by Council Member Autry and seconded by Council Member Austin to Schedule this proposed Historic Landmark for Public Hearing on October 17, 2016. The motion carried unanimously. 5. 15-3981 Charles E. Barnhardt House A motion was made by Council Member Kinsey and seconded by Council Member Austin to Schedule this proposed Historic Landmark for Public Hearing on October 17, 2016. The motion carried unanimously. 6. 15-3980 Dilworth Airplane Bungalow A motion was made by Council Member Kinsey and seconded by Council Member Fallon to Schedule this proposed Historic Landmark for Public Hearing on October 17, 2016. The motion carried unanimously. 7. 15-3983 Midwood Elementary School A motion was made by Council Member Kinsey and seconded by Council Member Autry to Schedule this proposed Historic Landmark for Public Hearing on October 17, 2016. The motion carried unanimously. ZONING DECISIONS 9. 15-3845 Rezoning Petition: 2016-075 by The Drakeford Company A motion was made by Council Member Autry and seconded by Council Member Mayfield Not to Refer this Rezoning Petition back to Zoning Committee. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Autry to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 10. 15-3846 Rezoning Petition: 2016-088 by Annointed Future Daycare A motion was made by Council Member Autry and seconded by Council Member Mayfield to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Autry and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. City of Charlotte Page 3 Printed on 9/20/2016 City Council Zoning Meeting Zoning Minutes September 19, 2016 11. 15-3847 Rezoning Petition: 2016-092 by Charlotte-Mecklenburg Housing Partnership, Inc. A motion was made by Council Member Austin and seconded by Council Member Kinsey to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Austin and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 12. 15-3848 Rezoning Petition: 2016-094 by The Berry Company, LLC A motion was made by Council Member Smith and seconded by Council Member Mayfield to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Smith and seconded by Council Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 13. 15-3849 Rezoning Petition: 2016-102 by The Olde Mecklenburg Brewery, LLC A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Mayfield and seconded by Council Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 14. 15-3850 Rezoning Petition: 2016-103 by JRE Real Estate, LLC A motion was made by Council Member Austin and seconded by Council Member Mayfield to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Austin and seconded by Council Member Mitchell to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 15. 15-3851 Rezoning Petition: 2016-105 by Charlotte-Mecklenburg Planning Department A motion was made by Council Member Kinsey and seconded by Council Member Autry to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Kinsey and seconded by Council Member Mayfield to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. ZONING HEARINGS City of Charlotte Page 4 Printed on 9/20/2016 City Council Zoning Meeting Zoning Minutes September 19, 2016 19. 15-3962 Rezoning Petition: 2016-118 by NVR Homes A motion was made by Council Member Kinsey and seconded by Council Member Autry to Close the Public Hearing. The motion carried unanimously. 20. 15-3953 Rezoning Petition: 2016-101 by Shining Hope Farms A motion was made by Council Member Austin and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. 21. 15-4001 Rezoning Petition: 2016-116 by BNA Homes A motion was made by Council Member Lyles and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 22. 15-3854 Rezoning Petition: 2016-074 by McKinney Holdings NC II, LLC A motion was made by Council Member Phipps and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. 23. 15-3946 Rezoning Petition: 2016-053 by Brookline Residential, LLC A motion was made by Council Member Fallon and seconded by Council Member Mitchell to Refer the Subdivision Ordinance to Council Committee - Transportation and Planning Committee. No vote was taken on the motion. The topic will be revisited at the next business meeting. A motion was made by Council Member Austin and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. 24. 15-3950 Rezoning Petition: 2016-089 by Derita Masonic Lodge A motion was made by Council Member Phipps and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 25. 15-3952 Rezoning Petition: 2016-100 by MPV Properties, LLC A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 26. 15-3959 Rezoning Petition: 2016-111 by Philemon NODA Partners, LLC A motion was made by Council Member Phipps and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 27. 15-3955 Rezoning Petition: 2016-106 by Bobby and Deborah Hogan A motion was made by Council Member Austin and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 5 Printed on 9/20/2016 City Council Zoning Meeting Zoning Minutes September 19, 2016 28. 15-3956 Rezoning Petition: 2016-107 by Trevi Partners, LLC A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 29. 15-3960 Rezoning Petition: 2016-114 by Harris Doulaveris A motion was made by Council Member Smith and seconded by Council Member Mayfield to Close the Public Hearing. The motion carried unanimously. 30. 15-3963 Rezoning Petition: 2016-121 by Chen Development, LLC A motion was made by Council Member Smith and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 31. 15-3958 Rezoning Petition: 2016-108 by Laurel Falls A motion was made by Council Member Mayfield and seconded by Council Member Smith to Close the Public Hearing. The motion carried unanimously. 32. 15-3856 Rezoning Petition: 2016-096 by City of Charlotte A motion was made by Council Member Mitchell and seconded by Council Member Autry to Close the Public Hearing. The motion carried unanimously. 33. 15-3954 Rezoning Petition: 2016-104 by Central Piedmont Community College A motion was made by Council Member Mayfield and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 34. 15-3964 Rezoning Petition: 2016-122 by Foundry Commercial A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. 35. 15-3965 Rezoning Petition: 2016-125 by Eclan & Associates, Inc. A motion was made by Council Member Mayfield and seconded by Council Member Mitchell to Close the Public Hearing. The motion carried unanimously. MAYOR AND COUNCIL TOPICS The City Council members may share information and raise topics for discussion. ADJOURNMENT A motion was made by Council member Autry and seconded by Council member Lyles to Adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:12 p.m. City of Charlotte Page 6 Printed on 9/20/2016

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Agenda Monday, September 19, 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 September 19, 2016 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Tammie Keplinger Dinner Agenda 9-19-16_FINAL 3. Follow Up Report Follow-Up Report for 9-19-16 notebooklh City of Charlotte Page 2 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS HISTORIC LANDMARK RESOLUTION 4. Biddleville Cemetery A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City Council on the Question of adopting an ordinance for the property known as the “Biddleville Cemetery” (listed under Tax Parcel Number 06903561 as of September 1, 2016 and including the land associated with Tax Parcel Number 06903561) as an Historic Landmark. Property Owner: Society of the Minute Men Location: Five Points Neighborhood Park Charlotte, North Carolina Attachments: Biddleville Cemetery Resolution Biddleville Cemetery Cover Biddleville Cemetery Res Biddleville Cemetery Cover 5. Charles E. Barnhardt House A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City Council on the Question of adopting an ordinance for the property known as the “Charles E. Barnhardt House” (listed under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and exterior of the house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark. Property Owner: Country Club Lane LLC Location: 2733 Country Club Lane in Charlotte, North Carolina Attachments: Charles E. Barnhardt House Resolution Charles E. Barnhardt House Cover Barnhardt House Res Barnhardt Cover City of Charlotte Page 3 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 6. Dilworth Airplane Bungalow A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City Council on the Question of adopting an ordinance for the property known as the “Dilworth Airplane Bungalow” (listed under Tax Parcel Number 12110209 as of September 1, 2016 and including the interior and exterior of the house, and the land associated with Tax Parcel Number 12110209) as an Historic Landmark. Property Owner: Paula Pridgen Location: 2144 Park Road in Charlotte, North Carolina Attachments: Dilworth Airplane Bungalow Resolution Dilworth Airplane Bungalow Cover Dilworth Airplane Bungalow Res Airplane Cover 7. Midwood Elementary School A Resolution of the City Council of the City of Charlotte calling for a Public Hearing to be held by the City Council on the Question of adopting an ordinance for the property known as the “Midwood Elementary School” (listed under Tax Parcel Number 09507803 as of September 1, 2016 and including the interiors and exteriors of the buildings, and the land associated with Tax Parcel Number 09507803) as an Historic Landmark. Property Owner: Charlotte Mecklenburg Board of Education Location: 1817 Central Avenue in Charlotte, North Carolina Attachments: Midwood Elementary School Resolution Midwood Elementary School Cover Midwood Elementary School Res Midwood Elem School Cover City of Charlotte Page 4 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 ZONING DECISIONS 8. Rezoning Petition: 2016-083 by Demeter Properties, LLC Update: Defer to October 17, 2016. Due to a tie vote, the Zoning Committee will consider this item at their September 28 work session. Location: Approximately 15.38 acres located on the north side of David Cox Road between Harris Cove Drive and Davis Lake Parkway. (Council District 4 - Phipps) Current Zoning: R-9 PUD (multi-family residential, planned unit development), R-4 (single family residential and RU (CD) (rural, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 3-3 which resulted in a tie. In accordance with the Planning Commission Rules of Procedure, this petition is automatically “rolled over” to the next regularly scheduled meeting where such a matter would normally occur. 2016-083_reco_08-09-2016_final 2016-083 vicinity map 2016-083 rezoning map revised2 City of Charlotte Page 5 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 9. Rezoning Petition: 2016-075 by The Drakeford Company Location: Approximately 0.535 acres located on the northwest corner at the intersection of Central Avenue and Chatham Avenue. (Council District 1 - Kinsey) Current Zoning: B-1 (neighborhood business) and O-2 (office) Proposed Zoning: MUDD (CD) (mixed use development, conditional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 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 Central District Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends retail 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: § Residential uses, with appropriate urban design elements, are compatible with the surrounding context and the evolving character of this portion of Central Avenue; and § The inclusion of a live/work unit provides an opportunity for employment and services along a major street and within walking distance of several other businesses and residences; and § Traditional, auto-oriented strip retail uses, as identified by the Central District Plan, are not desirable for future development in this transitioning area and would be less compatible with the adjacent residential uses in the predominantly single family neighborhood; and § The proposed residential use also provides an appropriate transition from Central Avenue to the established neighborhood to the north; and § The subject site is along a future phase of the proposed LYNX Gold Line Streetcar alignment; and § This site’s location within ½ mile of the Central Avenue/Plaza Midwood business district places it within walking distance of neighborhood goods and services as well as entertainment opportunities and § The site’s location on the proposed streetcar line, as well as the ½ mile walk distance to the business district, is a basis for an increase, from 17 to 23 units per acre, over the density calculated through the General Development Policies’ evaluation for locations for higher density residential. 2016-75_reco_07-27-16_final 2016-075 vicinity map 2016-075 rezoning map revised 2016-75 Revised site plan 082616 City of Charlotte Page 6 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 10. Rezoning Petition: 2016-088 by Annointed Future Daycare Location: Approximately 1.79 acres located on the south side of Hickory Grove Road between Craigwood Drive and McAlpine Lane. (Council District 5 - Autry) Current Zoning: R-3 (single family residential) Proposed Zoning: INST (CD) (institutional, conditional) with five-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 inconsistent with the Eastland Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends single family land 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 site is located on Hickory Grove Road, an existing minor thoroughfare; and § The site is separated from abutting properties by utility lines and water quality buffers; and § As a result, this site is isolated and a cohesive and interconnected development that includes this site and abutting properties is not feasible; and § Although the proposed institutional use is inconsistent with the residential land use recommended by the area plan, locations for new institutional uses are not typically identified within adopted plans; and § Instead, these uses are considered on a case-by-case basis, taking into account the compatibility of the specific use with the surrounding development; and § In this case, the proposed daycare is separated from other properties; is located across Hickory Grove Road from another institutional use, Hickory Grove Church of God; and is limited to 5,600 square feet and 40 feet in height, a size that is appropriate for a residential environment. 2016-88_ZC reco_08-09-16_final 2016-088 vicinity map 2016-088 rezoning map revised 2016-088_RevSitePlan_080416 City of Charlotte Page 7 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 11. Rezoning Petition: 2016-092 by Charlotte-Mecklenburg Housing Partnership, Inc. Location: Approximately 5.63 acres including 2.707 acres located on the west side of Statesville Road between Cindy Lane and Cochrane Drive and approximately 2.925 acres located on the east side of Meadow Knoll Drive and the north side of Cindy Lane near where Cindy Lane passes over Interstate 77. (Council District 2 - Austin) Current Zoning: R-4 (single family residential) and MX-1 INNOV (mixed use, innovative) Proposed Zoning: UR-2(CD) (urban residential, conditional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 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 District Plan and inconsistent with the General Development Policies, based on information from the staff analysis and the public hearing, and because: § The proposed residential use is consistent with the Northeast District Plan; § However, the requested residential density of 11.66 units per acre is not supported by the General Development Policies. § 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 proposed request adds additional property to the O’Dillon Lakes residential development which was originally approved in 2015. The proposed rezoning will be the second phase of the development; and § The overall development will include up to 750 residential units. However, this rezoning will not increase the total number of units nor will it increase traffic or impacts on schools beyond what has already been entitled via approval of the 2015 rezoning; and § The petition expands the proposed O’Dillon Lakes development which will help to stabilize a once predominantly single family owner occupied neighborhood that is transitioning to a predominantly renter occupied /absentee owner neighborhood; and § The site is located within the Sunset/Beatties Ford Comprehensive Neighborhood Improvement Program (CNIP) Area, and this development complements the planned capital investments and supports the community enhancement goals for the area; and § The subject site will have access to recreation, natural area, lake, and open space areas within the larger O’Dillon Lakes community. 2016-092_reco_07-27-2016_final (2) 2016-092 vicinity map 2016-092 rezoning map revised 2016-092_RevSitePlan_08-25-2016 City of Charlotte Page 8 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 12. Rezoning Petition: 2016-094 by The Berry Company, LLC Location: Approximately 0.82 acres located on the east side of Johnston Road between Pineville-Matthews Road and Walsh Boulevard. (Council District 6 - Smith) Current Zoning: O-1 (office) Proposed Zoning: MUDD-O (mixed use development, optional) Zoning Committee Recommendation: The Zoning Committee voted 5-1 to recommend APPROVAL of this petition as modified. Staff Recommendation: Staff agrees with the recommendation of the majority of the Zoning Committee. Statement of Consistency: § The Zoning Committee found this petition to be inconsistent with the South District Plan, based on information from the staff analysis and the public hearing, and because: § The South District Plan recommends office uses for the site. § However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The subject site fronts Johnston Road with a large, multi-story parking garage on the property adjacent and to the rear of the site; and § The proposed use is compatible with the surrounding uses both from a land use and design perspective; and § The proposed multi-level storage building will be designed to resemble an office building and will help screen the view of the exposed parking deck behind it; and § The ground floor active uses and 4,000-square foot urban open space will provide an active streetscape along Johnston Road; and § The request enhances the pedestrian environment by removing back-of-curb sidewalk and replacing it with an eight-foot sidewalk and eight-foot planting strip. 2016-094_reco_8-9-16_final 2016-094 vicinity map 2016-094 rezoning map revised 2016-094_RevSitePlan_08-22-2016 City of Charlotte Page 9 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 13. Rezoning Petition: 2016-102 by The Olde Mecklenburg Brewery, LLC Location: Approximately 9.52 acres located on the east side of South Tryon Street between Yancey Road and East Peterson Drive. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: I-2 (TS-O) (general industrial, transit supportive, optional) Zoning Committee Recommendation: The Zoning Committee voted 5-0 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 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. § 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 within a ½ mile walk of the Scaleybark Transit Station on the LYNX Blue Line; and § However, the Scaleybark Transit Station Area Plan did not identify the area in which the site is located as a location for transit supportive development typically found in transit station areas; and § Instead the plan anticipated maintenance of the office, industrial and warehouse-distribution uses that were in place at the time of the plan development; and § Since the adoption of the plan, the area in which the site is located has begun to transition from office, industrial, and warehouse-distribution uses to eating/drinking/entertainment establishments and retail uses; and § The proposal will continue to use two buildings for manufacturing and office and will add a new building for manufacturing, consistent with the area plan; and § The site also will be enhanced by adding a new biergarten to the existing eating/drinking/entertainment use, which is part of the evolving entertainment district located near the Scaleybark Station; and § As a result of the rezoning, the development will provide sidewalk and buffers which will improve both safety and the pedestrian experience. 2016-102_reco_07-27-2016_final 2016-102 vicinity map 2016-102 rezoning map revised3 2016-102_rev site plan_7-21-16 City of Charlotte Page 10 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 14. Rezoning Petition: 2016-103 by JRE Real Estate, LLC Location: Approximately 3 acres located on the east side of Statesville Road between Reames Road and Metromont Parkway. (Council District 2 - Austin) Current Zoning: I-1 (light industrial) Proposed Zoning: I-2 (general industrial) Zoning Committee Recommendation: The Zoning Committee voted 5-0 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 Northlake Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends industrial/warehouse/distribution land use. § 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 in a Growth Corridor as per the Centers, Corridors, and Wedges Growth Framework; and § The property is surrounded by existing industrial zoning and uses allowed in the industrial districts; and § The adopted plan recommends industrial future land uses for this site. 2016-103_reco_07-27-2016_final 2016-103 vicinity map 2016-103 rezoning map City of Charlotte Page 11 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 15. Rezoning Petition: 2016-105 by Charlotte-Mecklenburg Planning Department Location: Approximately 0.08 acres located on the south side of Baxter Street between Queens Road and Eli Street. (Council District 1 - Kinsey) Current Zoning: R-6 (single family residential) Proposed Zoning: R-22MF (multi-family residential) Zoning Committee Recommendation: The Zoning Committee voted 5-0 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 Midtown, Morehead, Cherry Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends residential uses at a density up to 22 units per acre. § Therefore, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § The subject 0.08-acre site is part of a larger 0.47-acre tax parcel; and § The remainder of the tax parcel is currently zoned R-22MF; and § Due to the small size of the subject site, it cannot be developed under the R-6 (single family residential) zoning; and § The proposed rezoning will result in the entire 0.47-acre tax parcel being zoned R-22MF (multi-family residential); and § With the exception of the R-6 (single family residential) zoned property directly to the west, the subject site is surrounded by properties on Queens Road and Baxter Street zoned for multi-family development; and § The request is consistent with the residential land use and density recommended by the recently adopted area plan. 2016-105_reco_07-26-2016_final 2016-105 vicinity map 2016-105 rezoning map City of Charlotte Page 12 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 ZONING HEARINGS 16. Rezoning Petition: 2016-016 by Clarke Allen Update: Petitioner requesting withdrawal of this petition. 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 - mixed use) & TOD-M (O) (transit oriented development-mixed use, optional) 2016-016 rezoning map revised4 17. Rezoning Petition: 2016-097 by Simonini Saratoga Foxcroft, LLC Update: Petitioner requesting deferral to (October 17, 2016) Location: Approximately 6.32 acres located on the east side of Sharon Lane between Providence Road and Heathmoor Lane. (Council District 6 - Smith) Current Zoning: R-3 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) 2016-097 Slip Sheet 18. Rezoning Petition: 2016-087 by Haven Campus Communities Location: Approximately 6.83 acres located on the south side of University City Boulevard between Suther Road and John Kirk Drive. (Council District 4 - Phipps) Current Zoning: R-3 (single family, residential); O-1(CD) (office, conditional) & INST (institutional) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff does not recommend approval of this petition in its current form. 2016-087_Staff analysis_09-19-16_Final final 2016-087 vicinity map revised 2016-087 rezoning map revised2 2016-087_RevSitePlan_08-22-2016 Previsously Approved Cover Page 2016-87 approved site pln 1996-024 City of Charlotte Page 13 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 19. Rezoning Petition: 2016-118 by NVR Homes Location: Approximately 2.97 acres located east of Sharon Road between Sharon Acres Road and Sharon Hills Road. (Council District 6 - Smith) 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 site and building design and requested technical revisions. 2016-118_staff_9-19-16_Final_final 2016-118 vicinity map 2016-118 rezoning map 2016-118 revised site plan_08-22-2016 20. Rezoning Petition: 2016-101 by Shining Hope Farms Location: Approximately 34.47 acres located west of Beatties Ford Road near the intersection of Kidd Lane and Beatties Ford Road. (Outside City Limits) Current Zoning: R-3 (single family residential) and INST (CD) (institutional, conditional) Proposed Zoning: INST (CD) (institutional, conditional) and INST (CD) SPA (institutional, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to access and proposed use on Tract 2. 2016-101_staff_09-19-2016_final final 2016-101 vicinity map revised 2016-101 rezoning map revised2 2016-101_RevSitePlan_08-22-2016 Previsously Approved Cover Page 2016-101 Combined Previously Approved Site Plan City of Charlotte Page 14 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 21. Rezoning Petition: 2016-116 by BNA Homes Location: Approximately 15.87 acres located on the southeast corner at the intersection of South Tryon Street and Beam Road. (Council District 3 - Mayfield) Current Zoning: MX-1(mixed Use) Proposed Zoning: MX-2 (mixed Use) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to environment, transportation, and site and building design. 2016-116_staff 9-19-16_final final 2016-116 vicinity map 2016-116 rezoning map 2016-116 revised site plan_08-22-2016 Previsously Approved Cover Page 2016-116 Approved Site Plan 2006-149 22. Rezoning Petition: 2016-074 by McKinney Holdings NC II, LLC Location: Approximately 15 acres located on the east side of North Tryon Street between Sandy Avenue and Rocky River Road. (Council District 4 - Phipps) Current Zoning: B-2(CD) (general business, conditional) Proposed Zoning: TOD-M (CD) (transit oriented development-mixed use, conditional) Staff Recommendation: Staff recommends approval of this petition. 2016-074_staff_09-19-16_final final 2016-074 vicinity map revised4 2016-074 rezoning map revised3 2016-074_revised site plan_08-22-2016 Previsously Approved Cover Page 2016-74 approved site pln 1989-041C City of Charlotte Page 15 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 23. Rezoning Petition: 2016-053 by Brookline Residential, LLC Location: Approximately 14.21 acres located on the west side of Reames Road between Lakeview Road and Anston Crossing Drive. (Council District 2 - Austin) Current Zoning: MX-1 (Innov) (mixed use, innovative) Proposed Zoning: UR-2(CD) (urban residential, conditional) with five year vested rights Staff Recommendation: Staff does not recommend approval of this petition. 2016-053_staff_9-19-16_final final 2016-053 vicinity map 2016-053 rezoning map revised3 2016-053_rev site plan_08-22-2016 Previsously Approved Cover Page 2013-047 Approved Site Plan 24. Rezoning Petition: 2016-089 by Derita Masonic Lodge Location: Approximately 4.35 acres located on the south side of DeArmon Road between Mineral Ridge Way and Hampton Place Drive. (Council District 4 - Phipps) Current Zoning: R-3 (single family residential) Proposed Zoning: INST (CD) (institutional, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to infrastructure and design, and minor technical revisions. 2016-089_staff_09-19-2016_final final 2016-089 vicinity map revised 2016-089 rezoning map revised2 2016-089 RevSitePlan 08222016 w Elevations City of Charlotte Page 16 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 25. Rezoning Petition: 2016-100 by MPV Properties, LLC Location: Approximately 41 acres located south of South Tryon Street near the intersection of Steele Creek Road and Walker Branch Drive. (Council District 3 - Mayfield) Current Zoning: R-3(CD) (single family residential, conditional) and R-17MF (CD) (multi-family residential, conditional) Proposed Zoning: UR-2(CD) (urban residential, conditional), with five-year vested rights Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to stream restoration and greenway dedication. 2016-100_staff 09-19-2016 final final 2016-100 vicinity map revised 2016-100 rezoning map revised2 2016-100_RevSitePlan_08-22-2016 Previsously Approved Cover Page 2016-100 approved site plan 1992-014C 26. Rezoning Petition: 2016-111 by Philemon NODA Partners, LLC Location: Approximately 9.91 acres located north of North Davidson Street on the southwest corner at the intersection of Philemon Avenue and East Craighead Road. (Council District 1 - Kinsey) Current Zoning: I-1 (light industrial) and UR-2(CD) (urban residential, conditional) Proposed Zoning: TOD-M (CD) (transit oriented development-mixed use, conditional) Staff Recommendation: Staff recommends approval of this petition upon of outstanding issues related to transportation cross sections, timing of transportation improvements, open space, building entrances, setbacks, and trees. 2016-111_staff_09-19-16_final final 2016-111 vicinity map 2016-111 rezoning map revised2 2016-111_RevSitePlan_08-18-2016 Previsously Approved Cover Page 2016-111 approved site pln 2009-006 City of Charlotte Page 17 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 27. Rezoning Petition: 2016-106 by Bobby and Deborah Hogan Location: Approximately 8.60 acres located on the east side of Statesville Road, north of Spector Drive and Old Statesville Road. (Council District 2 - Austin) Current Zoning: I-2(CD) (general industrial, conditional) Proposed Zoning: I-2(CD) SPA (general industrial, conditional, site plan amendment) Staff Recommendation: Staff recommends approval of this petition upon resolution of the minor technical items related to sidewalks. 2016-106_staff_9-19-16_final_final 2016-106 vicinity map 2016-106 rezoning map revised2 2016-106 revised site plan_08-22-2016 Previsously Approved Cover Page 2016-106 approved site plan 2006-124 28. Rezoning Petition: 2016-107 by Trevi Partners, LLC Location: Approximately 15.86 acres located on the southeast side of North Tryon Street between Wednesbury Boulevard and Caprington Avenue. (Council District 4 - Phipps) Current Zoning: CC (commercial center) and UR-C (CD) (urban residential - commercial, conditional) Proposed Zoning: UR-C (CD) (urban residential - commercial, conditional) and UR-C (CD) SPA (urban residential - commercial, conditional, site plan amendment), with five year vested rights. Staff Recommendation: Staff recommends approval of this petition upon the resubmittal of a revised site plan for the associated administrative amendment and resolution of outstanding issues pertaining to transportation and site and building design, and minor technical revisions. 2016-107_staff_09-19-16_final final 2016-107 vicinity map 2016-107 rezoning map revised5 2016-107 revised site plan-08-22-2016 Previsously Approved Cover Page 2016-107 approved site plan 2010-047 City of Charlotte Page 18 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 29. Rezoning Petition: 2016-114 by Harris Doulaveris Location: Approximately 1.95 acres located on the north side of Albemarle Road between Hollirose Drive and Circumferential Road. (Council District 5 - Autry) Current Zoning: B-1(CD) (neighborhood business, conditional) Proposed Zoning: B-2(CD) (general business, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to building and parking envelopes, sidewalks, and parking. 2016-114_staff analysis_09-19-16_final_final 2016-114 vicinity map 2016-114 rezoning map 2016-114-RevSitePlan_08-17-2016 Previsously Approved Cover Page 2016-114 approved pln 2008-106 30. Rezoning Petition: 2016-121 by Chen Development, LLC Location: Approximately 0.39 acres located on the northwest corner at the intersection of Park Road and Montford Drive. (Council District 6 - Smith) Current Zoning: O-2 (office) Proposed Zoning: MUDD-O (mixed use development, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issue related to site design and other technical revisions. 2016-121_staff_9-19-16_final_final 2016-121 vicinity map 2016-121 rezoning map revised 2016-121 revised site plan_08-22-2016 31. Rezoning Petition: 2016-108 by Laurel Falls Location: Approximately 0.42 acres located on the north side of West Bland Street between South Tryon Street and Winnifred Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M (transit oriented development - mixed-use) Staff Recommendation: Staff recommends approval of this petition. 2016-108_staff_09-19-2016_final_final 2016-108 vicinity map 2016-108 rezoning map City of Charlotte Page 19 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 32. Rezoning Petition: 2016-096 by City of Charlotte Location: Approximately 1.52 acres located on the east side of Lawyers Road between Albemarle Road and East W.T. Harris Boulevard. (Council District 5 - Autry) Current Zoning: R-17MF (multi-family residential) Proposed Zoning: O-2 (office) Staff Recommendation: Staff recommends approval of this petition. 2016-096_staff_09-19-16_final final 2016-096 vicinity map 2016-096 rezoning map 33. Rezoning Petition: 2016-104 by Central Piedmont Community College Location: Approximately18.7 acres located on the southeast corner at the intersection of West Hebron Street and West Arrowood Road and also located at the northwest corner near the intersection of West Hebron Street and Nations Ford Road. (Council District 3 - Mayfield) Current Zoning: B-1(CD) (neighborhood business, conditional) (hereby known as “northern parcel”) and INST (institutional) (hereby known as “southern parcel”) Proposed Zoning: INST (institutional) for the northern parcel and O-1 (office) for the southern parcel Staff Recommendation: Staff recommends approval of this petition. 2016-104_staff_9-19-16_final final 2016-104 vicinity map 2016-104 rezoning map 34. Rezoning Petition: 2016-122 by Foundry Commercial Location: Approximately 17.2 acres located on the north side of Ed Brown Road and the west side of Steele Creek Road. (Council District 3 - Mayfield) Current Zoning: R-3 (single family residential) and I-2(CD) (general industrial, conditional) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2016-122_staff_9-19-16_final_final 2016-122 vicinity map revised 2016-122 rezoning map revised City of Charlotte Page 20 Printed on 9/16/2016 City Council Zoning Meeting Zoning Agenda September 19, 2016 35. Rezoning Petition: 2016-125 by Eclan & Associates, Inc. Location: Approximately 1.80 acres located on the southeast corner of Tuckaseegee Road and Mulberry Church Road. (Council District 3 - Mayfield) Current Zoning: R-17MF (multi-family residential) Proposed Zoning: O-1 (office) Staff Recommendation: Staff recommends approval of this petition. 2016-0125_staff_09-19-2016_final final 2016-125 vicinity map revised 2016-125 rezoning map revised City of Charlotte Page 21 Printed on 9/16/2016