City Council Zoning Meeting
Regular MeetingCharlotte, NC · May 15, 2017
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
Monday, May 15, 2017
5:00 PM
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Dimple Ajmera - Al Austin
Ed Driggs - Julie Eiselt
Claire Fallon - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Minutes May 15, 2017
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, May 15, 2017 at 5:03 p.m. in Room CH-14 of the Charlotte
Mecklenburg Government Center with Mayor Jennifer Roberts presiding.
ROLL CALL
Present: 9- Mayor Jennifer Roberts, Council Member Al Austin, Council Member Ed Driggs,
Council Member Julie Eiselt, Council Member Patsy Kinsey, Council Member Vi
Lyles, Council Member LaWana Mayfield, Council Member Greg Phipps, and
Council Member Kenny Smith
Absent: 1- Council Member Claire Fallon
AUN: 2- Council Member Dimple Ajmera, and Council Member James Mitchell
1. 15-5507 Meeting Agenda
This item was for information only.
Council member Ajmera arrived at 5:07 p.m.
Council member Mitchell arrived at 5:08 p.m.
ROLL CALL
Present: 11 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Al
Austin, Council Member Ed Driggs, Council Member Julie Eiselt, 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
Absent: 1- Council Member Claire Fallon
2. 15-5508 Dinner Meeting Agenda
This item was for information only.
3. 15-5509 Follow Up Report
This item was for information only.
CLOSED SESSION
A motion was made by Council Member Mitchell and seconded by Council
Member Mayfield to Go into Closed Session pursuant to GS 143-318.11 (a)(3) to
consult with attorneys employed or retained by the City in order to preserve the
attorney-client privilege and to consider and give instructions to the attorneys
concerning the handling or settlement of Crystal Eschert v. City of Charlotte -
3:16-cv-295. The motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes May 15, 2017
RECESS
The meeting recessed at 5:20 to go into closed session in CH-14. The closed
session recessed at 6:03 p.m. to move to the Meeting Chamber for the 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 Zoning
Meeting on Monday, May 15, 2017 at 6:10 p.m. in the Meeting Chamber of the
Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts
presiding.
ROLL CALL
Present: 11 - Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Al
Austin, Council Member Ed Driggs, Council Member Julie Eiselt, 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
Absent: 1- Council Member Claire Fallon
INTRODUCTIONS
INVOCATION
Council member Ajmera led the Invocation.
PLEDGE OF ALLEGIANCE
EXPLANATION OF A ZONING MEETING
Mayor Roberts explained the rules and procedures for a Zoning Meeting.
INTRODUCTION OF THE ZONING COMMITTEE
Tony Lathrop, Chair of the Zoning Committee introduced the members of the
Zoning Committee and said the Committee will meet on Tuesday, May 30, 2017 at
4:30 p.m. in the Government Center to discuss and make recommendations on
the petitions that have public hearings tonight. The public is welcome at that
meeting, but it is not a continuation of the public hearing. Before the meeting
you are welcome to contact committee members to provide input on the petitions
and you can find the committee contact information and the information on each
of these petitions on the City’s web site at charlotteplanning.org.
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City Council Zoning Meeting Zoning Minutes May 15, 2017
DEFERRALS
5. 15-5490 Charles E. Barnhardt House
A motion was made by Council Member Mitchell and seconded by Council
Member Ajmera to Defer the decision on this Historic Landmark to September 18,
2017. The motion carried unanimously.
6. 15-5499 Rezoning Petition: 2017-037 by Pulte Home Company, LLC
A motion was made by Council Member Mitchell and seconded by Council
Member Ajmera to Withdraw this Rezoning Petition. The motion carried
unanimously.
7. 15-5500 Rezoning Petition: 2017-038 by Childress Klein Properties, Inc.
A motion was made by Council Member Mitchell and seconded by Council
Member Ajmera to Defer the decision on this Rezoning Petition to July 17, 2017.
The motion carried unanimously.
11. 15-5496 Rezoning Petition: 2017-012 by The Drakeford Company
A motion was made by Council Member Mitchell and seconded by Council
Member Ajmera to Defer the decision on this Rezoning Petition to May 22, 2017.
The motion carried unanimously.
HISTORIC LANDMARKS
4. 15-5562 The Red Front Department Store
A motion was made by Council Member Kinsey and seconded by Council
Member Mitchell to Schedule this Historic Landmark for Public Hearing. The
motion carried unanimously.
ZONING DECISIONS
8. 15-5493 Rezoning Petition: 2016-077 by Innkeeper Motor Lodge, Inc.
A motion was made by Council Member Austin and seconded by Council Member
Mayfield Not to Refer this Rezoning Petition back to the Zoning Committee. The
motion carried unanimously.
A motion was made by Council Member Austin and seconded by Council Member
Mayfield to Approve this Rezoning Petition, as modified. The motion carried by
the following vote:
Yea: 9- Council Member Ajmera, Council Member Austin, Council Member Driggs, Council
Member Eiselt, Council Member Lyles, Council Member Mayfield, Council Member
Mitchell, Council Member Phipps, and Council Member Smith
Nay: 1- Council Member Kinsey
A motion was made by Council Member Austin and seconded by Council Member
Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes May 15, 2017
9. 15-5494 Rezoning Petition: 2016-095 by Fairview Plaza Buildings, 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.
10. 15-5495 Rezoning Petition: 2017-004 by Trinity Episcopal School
A motion was made by Council Member Kinsey and seconded by Council
Member Austin to Approve this Rezoning Petition, as modified The motion
carried unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
12. 15-5497 Rezoning Petition: 2017-013 by Tim Frye
A motion was made by Council Member Austin and seconded by Council Member
Smith to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Austin and seconded by Council Member
Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
13. 15-5498 Rezoning Petition: 2017-021 by RED Partners
A motion was made by Council Member Smith and seconded by Council Member
Mayfield Not to Refer this Rezoning Petition back to the Zoning Committee for
review. The motion carried unanimously.
A motion was made by Council Member Smith and seconded by Council Member
Mitchell to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Smith and seconded by Council Member
Driggs to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
14. 15-5501 Rezoning Petition: 2017-040 by White Point Partners, LLC
A motion was made by Council Member Mayfield and seconded by Council
Member Smith to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Mayfield and seconded by Council
Member Eiselt to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
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15. 15-5502 Rezoning Petition: 2017-041 by Charlotte Tryon Hills Partners, LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
16. 15-5503 Rezoning Petition: 2017-045 by Judson Stringfellow
A motion was made by Council Member Phipps and seconded by Council
Member Smith to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Phipps and seconded by Council
Member Austin to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
17. 15-5504 Rezoning Petition: 2017-046 by Mecklenburg County
A motion was made by Council Member Kinsey and seconded by Council
Member Mitchell to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
18. 15-5505 Rezoning Petition: 2017-047 by Scott Land Investments, LLC
A motion was made by Council Member Mayfield and seconded by Council
Member Smith to Approve this Rezoning Petition. 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.
19. 15-5506 Rezoning Petition: 2017-056 by Glen Nocik
A motion was made by Council Member Mayfield and seconded by Council
Member Mitchell to Approve this Rezoning Petition. 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.
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City Council Zoning Meeting Zoning Minutes May 15, 2017
ZONING HEARINGS
20. 15-5529 Rezoning Petition: 2016-131 by Halvorsen Development Corporation
A motion was made by Council Member Phipps and seconded by Council
Member Mayfield to Recuse Council member Smith from this Zoning Hearing.
The motion carried unanimously.
The following speakers addressed City Council regarding this item:
Keith MacVean
Tom Vincent
Reece Untz
Donald Oehler
Thomas Oehler
Jennifer Dargel
Chris Martin
Will Russell
A motion was made by Council Member Phipps and seconded by Council
Member Ajmera to Close the Public Hearing. The motion carried unanimously.
21. 15-5532 Rezoning Petition: 2017-042 by Rocky River Road Associates, LLC
The following speakers addressed City Council regarding this item:
John Carmichael
Darlene Heater
Mark Henriques
Linda Majchrzak
Nick Buson
John Porter
Matthew Peach
Tanner Micheli
A motion was made by Council Member Kinsey and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
22. 15-5534 Rezoning Petition: 2017-042 by Rocky River Road Associates, LLC
The following speakers addressed City Council regarding this item:
Keith MacVean
A motion was made by Council Member Kinsey and seconded by Council
Member Austin to Close the Public Hearing. The motion carried unanimously.
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23. 15-5533 Rezoning Petition: 2017-035 by Carolina Capital Investments Partners
The following speakers addressed City Council regarding this item:
Keith MacVean
A motion was made by Council Member Mayfield and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
A motion was made by Council Member Mayfield and seconded by Council
Member Lyles to Expedite the decision on this Rezoning Petition at the next City
Council Business Meeting on May 22, 2017. The motion carried unanimously.
24. 15-5535 Rezoning Petition: 2017-044 by Jacobs Fork Properties, LLC
The following speakers addressed City Council regarding this item:
Ty Shaffer
Marcus Philemon
Tim Melton
A motion was made by Council Member Mayfield and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
25. 15-5536 Rezoning Petition: 2017-048 by Camp Greene Properties, LLC
The following speakers addressed City Council regarding this item:
Matt Langston
Stewart Gray
Teresa Reid
My'Ka El
A motion was made by Council Member Mayfield and seconded by Council
Member Ajmera to Close the Public Hearing. The motion carried unanimously. :
26. 15-5548 Rezoning Petition: 2017-052 by Southminster, Inc.
The following speakers addressed City Council regarding this item:
John Carmichael
David Lacy
A motion was made by Council Member Kinsey and seconded by Council
Member Mitchell to Close the Public Hearing. The motion carried unanimously.
27. 15-5549 Rezoning Petition: 2017-053 by Hopper Communities, Inc.
The following speakers addressed City Council regarding this item:
John Carmichael
A motion was made by Council Member Smith and seconded by Council Member
Mitchell to Close the Public Hearing. The motion carried unanimously.
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28. 15-5550 Rezoning Petition: 2017-063 by GodSpeed Motors
The following speakers addressed City Council regarding this item:
Walter Fields
A motion was made by Council Member Mitchell and seconded by Council
Member Mayfield to Close the Public Hearing. The motion carried unanimously.
29. 15-5551 Rezoning Petition: 2017-075 by Conformity Corporation
There were no speakers on this item.
A motion was made by Council Member Kinsey 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
The meeting adjourned at 9:59 p.m.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, May 15, 2017
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Dimple Ajmera - Al Austin
Ed Driggs - Julie Eiselt
Claire Fallon - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Agenda May 15, 2017
5:00 P.M. DINNER MEETING, CH-14
1. Meeting Agenda
2. Dinner Meeting Agenda
1. Agenda Review - Tammie Keplinger
May Council Dinner Agenda final
3. Follow Up Report
Follow-Up Report for 5-15-17_Final
Follow-Up Report Attachment #1
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City Council Zoning Meeting Zoning Agenda May 15, 2017
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
HISTORIC LANDMARK RESOLUTION
4. The Red Front Department Store
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 “Red Front Department
Store” (listed under Tax Parcel Number 08112705 as of May 1, 2017 and including the interior and
exterior of the building, and the land associated with Tax Parcel Number 08112705) as an Historic
Landmark.
Property Owner: Camp Greene Properties, LLC
Location: 1125 Belmont Avenue in Charlotte, North Carolina
Red Front Cover
Red Front Res
HISTORIC LANDMARK DECISION
5. Charles E. Barnhardt House
Update: Requesting Deferral to (September 18, 2017)
A decision to be made by the City Council on the Question of designating the property known as the
“Charles E. Barnhardt House” (listed under Tax Parcel Number 09504315 as of September 1, 2016) as an
Historic Landmark.
Property Owner: Country Club Lane LLC
Location: 2733 Country Club Lane in Charlotte, North Carolina
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City Council Zoning Meeting Zoning Agenda May 15, 2017
ZONING DECISIONS
6. Rezoning Petition: 2017-037 by Pulte Home Company, LLC
Update: Requesting Deferral to (July 17, 2017)
Location: Approximately 9.14 acres located on the east end of Starmount Cove Lane between Thorncliff
Drive and South Boulevard. (Council District 6 - Smith)
Current Zoning: R-8(CD) (single family residential, conditional)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to DEFER this petition until their June 29, 2017 meeting.
2017-037_reco_5-2-17_Final
2017-037 vicinity map
2017-037 rezoning map
7. Rezoning Petition: 2017-038 by Childress Klein Properties,
Inc.
Update: Requesting Deferral to (July 17, 2017)
Location: Approximately 2.12 acres located on the east side of West Tyvola Road between Billy Graham
Parkway and Cascade Pointe Boulevard. (Council District 3 - Mayfield)
Current Zoning: I-1(CD) (light industrial, conditional)
Proposed Zoning: I-1(CD) SPA (light industrial, conditional, site plan amendment)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to DEFER this petition until their June 29, 2017 meeting.
2017-038_reco_05-02-2017_Final
2017-038 vicinity map
2017-038 rezoning map
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City Council Zoning Meeting Zoning Agenda May 15, 2017
8. Rezoning Petition: 2016-077 by Innkeeper Motor Lodge, Inc.
Location: Approximately 5.52 acres located south of Interstate 485, near the intersection of WT Harris
Boulevard, Treyburn Drive and Interstate 485. (Council District 2 - Austin)
Current Zoning: B-1(CD) (neighborhood business, conditional)
Proposed Zoning: B-2(CD) (general business, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted to recommend APPROVAL of this petition as modified.
Staff Recommendation:
Staff disagrees with the recommendation of the Zoning Committee as the adopted plan recognizes the
neighborhood serving retail land uses approved by the prior rezoning 1993-024(C). If this petition is
considered for approval, the “Outstanding Issues” related to building height.
Statement of Consistency:
§ The Zoning Committee found this petition to be inconsistent with the Northlake Area Plan, based on
information from the staff analysis and the public hearing, and because:
§ The plan recognizes the adopted neighborhood serving retail land uses approved by the prior
rezoning 1993-024(C).
§ 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:
§ Changes in the area with I-485 being built adjacent to the property; and
§ The neighborhood has provided written support for the petition; and
§ The proposed hotel use will generate less traffic that what is allowed under the existing zoning;
and
§ The petition will provide significant buffers adjacent to the existing single and multi-family
residential uses; and
§ The traffic improvements committed.
2016-077_reco_05-02-2017_final
2016-077 vicinity map
2016-077 rezoning map
2016-077_5-8-17 final for approval.
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City Council Zoning Meeting Zoning Agenda May 15, 2017
9. Rezoning Petition: 2016-095 by Fairview Plaza Buildings, LLC
Location: Approximately 1.621 acres located on the east side of Park South Drive between Fairview Road
and Pine Valley Road. (Council District 6 - Smith)
Current Zoning: O-3(CD) (office)
Proposed Zoning: MUDD-O (mixed use development, optional) 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 the hotel use consistent with the SouthPark Small Area Plan; however,
the retail component not consistent with the plan based on the information from the staff analysis and
the public hearing, and because:
§ The plan recommends office or office/residential mixture.
§ 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 Centers, Corridors and Wedges Growth Framework identifies SouthPark as a Mixed Use Activity
Center, a priority area for intensification and urban, pedestrian-oriented development; and
§ The more specific vision articulated in the SouthPark Small Area Plan calls for the SouthPark area
to transition from a suburban shopping and business environment to a town center composed of a
balanced mixture of land uses; and
§ Since the plan was adopted, various rezonings have occurred in the area resulting in a more
thorough mix of uses; and
§ Although the proposed retail component is not strictly consistent with the plan recommendation, it
complements the larger existing office development and proposed hotel, and is an appropriate
element in the mix of uses on and around the site; and
§ The proposed site plan intensifies the subject site by redeveloping a portion of a two-level parking
garage with a hotel and retail uses; and
§ The new hotel and retail use will enhance the pedestrian environment by providing active, ground
floor uses oriented to the public sidewalk on Piedmont Row Drive South.
2016-095_reco_5-2-17-Final
2016-095 vicinity map
2016-095 rezoning map revised
2016-095_RevSitePlan_05-01-2017
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10. Rezoning Petition: 2017-004 by Trinity Episcopal School
Location: Approximately 6.16 acres generally surrounded by East 9th Street, North Myers Street, East
8th Street, M Street, and Brookshire Boulevard. (Council District 1 - Kinsey)
Current Zoning: UR-1 & UR-2(CD) (urban residential) and (urban residential, conditional)
Proposed Zoning: UR-3(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 Charlotte Center City 2020 Vision
Plan, based on information from the staff analysis and the public hearing, and because:
§ While the plan does not make a specific land use recommendation for the site it encourages future
development to preserve and enhance the existing Center City neighborhoods.
§ 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 proposal allows for the expansion of an existing school located in the First Ward neighborhood,
and the number of students attending the school will not increase; and
§ The proposed building is designed to be compatible with the existing structures in terms of building
materials; and
§ The proposed 25-foot setback along East 8th Street is compatible with the setback of adjacent
single-family buildings; and
§ The proposed plan provides a new pedestrian connection between East 8th Street and the school
site; and
§ The plan provides an eight-foot planting strip and eight-foot sidewalk around the proposed
expansion which will improve both safety and the pedestrian experience; and
§ The plan proposes to relocate the play area to minimize the impact on abutting residences; and
§ The plan request does not intrude into the heart of the First Ward neighborhood as it proposes to
remove one residential structure and one non-residential structure that are located between the
Little Rock AME Zion Church and the existing school campus at the edge of the neighborhood.
2017-004_reco_05-02-2017_Final
2017-004 vicinity map
2017-004 rezoning map revised2
2017-004_RevSitePlan_04-24-2017
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City Council Zoning Meeting Zoning Agenda May 15, 2017
11. Rezoning Petition: 2017-012 by The Drakeford Company
Location: Approximately 0.683 acres located on the north side of McClintock Road between Nandina
Street and St. Julien Street. (Council District 1 - Kinsey)
Current Zoning: R-5 (single family residential)
Proposed Zoning: MUDD (CD) (mixed use development, conditional) with five-year vested rights.
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 recommend APPROVAL of this 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 Central District Plan, and the
density of 17.56 units per acre is consistent with the General Development Policies (GDPs). The office
component of the live/work units is consistent with the office use recommended for the northernmost
property and the residential units are consistent with the residential use recommended for the other
two lots based on information from the staff analysis and the public hearing, and because:
§ The plan recommends office uses for one lot, and single family residential uses up to four units per
acre for the other property.
§ The General Development Policies (GDPs) provides policy guidance for evaluating proposed
residential densities greater than four units per acre. The petition meets the General Development
Policies locational criteria for consideration of over 17 dwellings 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 property is located at the edge of the Commonwealth neighborhood and abuts the
Plaza Central business district; and
§ The proposed development, which is primarily residential with a minor non-residential component,
will provide a transition from the predominantly single family part of the Commonwealth
neighborhood to the Plaza Central business district; and
§ The inclusion of live/work units provides an opportunity for services within walking distance of
other businesses and residences; and
§ The proposal to develop three quadraplexes limited to two and one-half stories and set back from
the sidewalk will result in new development that is compatible with the adjacent single family
dwellings; and
§ Further, the building renderings show an architectural style that is in keeping with the character of
the Commonwealth neighborhood.
2017-12_Reco_05-2-17_final
2017-012 vicinity map
2017-012 rezoning map revised
McClintock Quad Site (5th Rezoning submittal)_05.09.17
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City Council Zoning Meeting Zoning Agenda May 15, 2017
12. Rezoning Petition: 2017-013 by Tim Frye
Location: Approximately 38.16 acres located at the end of Melynda Road, north of Piedmont and
Northern Railroad between Toddville Road and Windy Valley Drive. (Council District 2 - Austin)
Current Zoning: R-5 (single family residential), I-1 (light industrial) and I-2 (general industrial)
Proposed Zoning: I-2(CD) (general industrial, conditional) with five-year vested rights
Zoning Committee Recommendation:
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 Northwest District Plan for the
majority of the site and inconsistent with the adopted plan for a portion site, based on information
from the staff analysis and the public hearing, and because:
§ The plan recommends industrial uses for the majority of the site, and single family up to six
dwelling units per acre for the remainder of the 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 located within the Mt. Holly Road/Hwy 16 Industrial Activity Center as per the Centers
Corridors and Wedges Growth Framework; and
§ The industrial properties are situated adjacent to existing CSX railway facilities, with a direct
connection to the Port of Wilmington, N.C. adding to Charlotte’s role as a transportation and
logistics hub; and
§ The main access to the proposed intermodal yard would be from Aqua Chem Drive through
industrially zoned properties. Access via Melynda Road will be gated and only for emergency
purposes; and
§ While the majority of the proposed development is consistent with the area plan, a small portion of
the site is recommended for residential uses; and
§ However, this portion of the property is adjacent to industrial land uses and it is highly unlikely
that it will be developed for residential purposes; and
§ Nearby single family residential properties will be protected from this proposal by a required 100
-foot wide Class “A” buffer.
2017-013_ZC_05-02-2017_Final
2017-013 vicinity map
2017-013 rezoning map revised
2017-013_RevSitePlan_04-24-2017
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City Council Zoning Meeting Zoning Agenda May 15, 2017
13. Rezoning Petition: 2017-021 by RED Partners
Location: Approximately 7.0 acres north of Little Avenue on the west side of Carmel Road. (Council
District 6 - Smith)
Current Zoning: O-1 (office)
Proposed Zoning: MUDD-O (mixed use development, optional) with five-year vested rights)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition upon the resolution of
outstanding issues related to transportation and ground floor use in the storage building.
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 South District Plan, based on the
information from the staff analysis and the public hearing, and because:
§ The plan recommends office uses for the subject property
§ 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 property is located within the area designated as the Carmel/Highway 51 Mixed Use
Activity Center, a priority area to accommodate future growth in an urban, pedestrian- oriented
development form; and
§ The site fronts Carmel Road in an area of mixed use including substantial multi-family and office
development and other non-residential properties; and
§ The proposed non-residential uses, including retail uses, while inconsistent with the specific plan
recommendation, add to an existing mixed use environment. The rezoning would support the
continuation of the existing uses, and retain the existing building until it is redeveloped as part of a
future phase; and
§ The proposed uses include climate-controlled self-storage. Climate self-storage use is generally
considered compatible with office and retail uses but has a less intense vehicular impact than retail
and office uses; and
§ The proposed site plan sets up a future street network, appropriate for a mixed use activity center,
by providing private streets, designed to public standards, which stub to adjacent properties for
future connections and connectivity.
2017-021_reco_5-2-17_Final
2017-021 vicinity map
2017-021 rezoning map revised
2017-021_RevSitePlan_5_8_2017
City of Charlotte Page 10 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
14. Rezoning Petition: 2017-040 by White Point Partners, LLC
Location: Approximately 0.33 acres on the northwest corner at the intersection of West Catherine Street
and South Tryon 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 the subject parcel.
§ 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 site is within a 1/4 mile walk of the Bland Street Transit Station on the LYNX Blue Line;
and
§ The proposal allows for all uses in the TOD-M (transit oriented development mixed-use) district
which include office, residential, retail, and civic; 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.
2017-040_reco_05-04-2017-Final
2017-040 vicinity map
2017-040 rezoning map
City of Charlotte Page 11 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
15. Rezoning Petition: 2017-041 by Charlotte Tryon Hills
Partners, LLC
Location: Approximately 12.67 acres located on the northeast corner at the intersection of Catalina
Avenue and West 24th Street, south of West 26th Street and west of North Poplar Street. (Council District
1 - Kinsey)
Current Zoning: R-5 (single family residential), R-22MF (multi-family residential), and I-1(light
industrial)
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 recommends approval of this petition upon resolution of outstanding issue.
Statement of Consistency:
§ The Zoning Committee found this petition to be consistent with the North Tryon Area Plan; however,
inconsistent with the recommended density based on information from the staff analysis and the
public hearing, and because:
§ The plan recommends residential uses for the site; and
§ The proposal exceeds the adopted plan’s base density recommendation for up to five dwelling units
per acre for the properties along Catalina Avenue and slightly exceeds the recommendation of up
to 22 units per acre for the remainder of the property; and
§ However, the plan indicates that up to 30 dwelling unit per acre may be considered by meeting
specific criteria.
§ 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:
§ Development Area B1 and C1, comprised of all but three existing parcels fronting Catalina Avenue,
are limited to 19 single family detached or attached dwelling units. Townhomes are appropriate for
Area C1 as it meets the following plan recommendations for moderate density residential
development:
§ The extension of W. 25th Street creates a separate block which is separated from single
family residential development;
§ The townhomes will be accessed via an alley locate at the rear of the units; and
§ The proposed building heights are limited to two stories to be consistent with adjacent
residential properties;
§ Single family detached dwellings are appropriate for Area B1 as it does not meet the plan criteria
for moderate density residential development:
§ Only a portion of the block between W. 25th Street and W. 26th Street along Catalina Avenue
is proposed to be developed with townhomes leaving the remaining portion of the block as
single family residential.
§ The remainder of the site is suitable for an increase in density over the 22 dwelling units per acre
as it meets the follow plan objectives:
§ The height, density of the development in Area C1 and overall building placement provides a
transition to the single family residential edge as recommended in the plan;
§ Proposed buildings in Development Areas A, B, C and D will be oriented toward the existing
public streets, and buildings will be oriented to enclose and define the public space, open
space, and green space to be consistent with surrounding development patterns; and
City of Charlotte Page 12 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
§ To activate the public realm, design includes buildings that front on public streets and include
porches, stoops, front walkways and centralized doorways or breezeways, except where ends
of buildings front the street. In these cases, walkways will be provided to connect the building
entrance with the street network.
§ Ground floor elevations will be treated with a combination of fenestration, clear glass, prominent
entrances, porches, stoops, change in materials, building setbacks, art work and landscaping to
enhance the pedestrian experience.
2017-41_Reco_05-02-17_final
2017-041 vicinity map
2017-041 rezoning map revised 2
2017-041_RevSitePlan_04-24-2017
16. Rezoning Petition: 2017-045 by Judson Stringfellow
Location: Approximately 2.968 acres located on the north side of Hewitt Drive east of Faircreek Court.
(Council District 4 - Phipps)
Current Zoning: R-15MF (CD) (multi-family residential, conditional)
Proposed Zoning: R-5 (single family residential)
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 inconsistent with the Northeast District Plan, based on
information from the staff analysis and the public hearing, and because:
§ The plan recommends multi-family dwellings for the subject 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 adopted land use for this site reflects a 1991 rezoning to allow for the development of a
masonic lodge in the R-15 MF (multi-family residential) district; and
§ The surrounding area is developed as a single family neighborhood recommended for single family
uses ranging in densities from four dwelling units per acre up to eight dwelling units per acre; and
§ The proposed R-5 single family zoning district is consistent with the surrounding single family
zoning districts in the area, which includes R-3 and R-5 (single family residential) and R-6(CD)
(single family residential, conditional) zoning districts.
2017-045_ZC_05-02-2017_Final
2017-045 vicinity map
2017-045 rezoning map revised 2
City of Charlotte Page 13 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
17. Rezoning Petition: 2017-046 by Mecklenburg County
Location: Approximately 2.82 acres located on the south side of Baxter Street between South McDowell
Street and Kenilworth Avenue. (Council District 1 - Kinsey)
Current Zoning: B-2 (PED) (general business, pedestrian overlay)
Proposed Zoning: MUDD (PED) (mixed use development, pedestrian overlay)
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 inconsistent with the Midtown, Morehead, Cherry Area
Plan, based on information from the staff analysis and the public hearing, and because:
§ The plan recommends open space (Baxter Street Neighborhood Park) for the subject parcel.
§ 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 property incorporates Baxter Street Park and adjoins MUDD (mixed use development)
zoned properties along Baxter Street and East Morehead Street; and
§ The proposed MUDD (mixed use development) is appropriate at this location as the adjacent
properties are zoned MUDD (mixed use development), O-2 (office) and B-2 (general business);
and
§ The nearest single-family residential use is across East Morehead Street; and
§ The MUDD (mixed use development) standards will encourage high quality design and mixed use
development, and also support walkability.
2017-046_reco_05-04-2017_Final
2017-046 vicinity map
2017-046 rezoning map
City of Charlotte Page 14 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
18. Rezoning Petition: 2017-047 by Scott Land Investments, LLC
Location: Approximately 6.63 acres located at the southwest intersection of Tyvola Road and Westpark
Drive and east of Interstate 77. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: B-2 (general business)
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 Tyvola & Archdale Transit Station
Area Plan, based on information from the staff analysis and the public hearing, and because:
§ The plan recommends office, commercial, light industrial and warehouse 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 petition is to allow for all uses within the B-2 (general business) district; and
§ The subject and adjacent properties generally consist of a mix of uses allowed and appropriate in
the B-2 (general business) district. The current I-2 (general industrial) zoning allows many of the
same uses as a B-2 (general business), but does not permit uses such as automotive sales and
repair, multi-family dwellings, hotels and motels, childcare centers, and retail establishments over
25,000 square feet; and
§ The location of the subject property is adjacent to the interchange for Interstate 77 in an area
classified by the City’s Centers Corridors and Wedges Growth Framework as an interchange area.
This area is suitable for a wide range of retail/commercial uses as allowed in the B-2 (general
business) zoning.
2017-047_reco_5-2-17_Final
2017-047 vicinity map
2017-047 rezoning map
City of Charlotte Page 15 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
19. Rezoning Petition: 2017-056 by Glen Nocik
Location: Approximately 1.33 acres located on the east side of Distribution Street between Remount
Road and Dunavant 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 New Bern Transit Station Area
Plan, based on information from the staff analysis and the public hearing, and because:
§ The plan recommends transit supportive development for the subject parcel.
§ 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 site is within a 1/2 mile walk of the New Bern Transit Station on the LYNX Blue Line;
and
§ The proposal allows for all uses in the TOD-M (transit oriented development - mixed use) district
which includes office, residential, retail, and civic 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 for this
small site 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; and
§ The proposed change will support the transition of the area from an industrial district to a walkable
transit supportive district.
2017-056_Reco_05-02-2017_Final
2017-056 vicinity map
2017-056 rezoning map
City of Charlotte Page 16 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
ZONING HEARINGS
20. Rezoning Petition: 2016-131 by Halvorsen Development
Corporation
Location: Approximately 1.63 acres located on the northeast corner of Ridge Road and Prosperity Church
Road. (Council District 4 - Phipps)
Current Zoning: UR-2(CD) (urban residential, conditional) and NS (neighborhood services)
Proposed Zoning: NS SPA (neighborhood services, site plan amendment) and NS (neighborhood
services)
Staff Recommendation:
Staff does not recommend approval of this petition.
2016-131_staff_5-15-17_final_final
2016-131 vicinity map
2016-131 rezoning map
2016-131_RevSitePlan_03-14-2017
21. Rezoning Petition: 2016-139 by Charter Properties,
Inc./Browder Group Real Estate, LLC
Location: Approximately 65.7 acres located on the northwest corner at the intersection of West Mallard
Creek Church Road and Interstate 85. (Council District 4 - Phipps)
Current Zoning: R-3 (single family, residential), RE-1 (research), and RE-3(CD) (research, conditional)
Proposed Zoning: MUDD-O (mixed use development, optional) and R-12MF (CD) (multi -family
residential, conditional), with five-year vested rights.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to design,
environment, transportation, and technical items.
2016-139_staff_05-15-2017 final final final
2016-139 vicinity map
2016-139 rezoning map revised
2016-139_RevSitePlan_04-11-2017
Previsously Approved Cover Page
2000-031 Approved Site Plan
1995-046(c) site plan
City of Charlotte Page 17 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
22. Rezoning Petition: 2017-042 by Rocky River Road Associates,
LLC
Location: Approximately 77.31 acres located east of Interstate 485 between Caldwell Road and Rocky
River Road. (Outside City Limits)
Current Zoning: R-8MF (CD) (multi-family residential, conditional), R-12MF (CD) (multi-family
residential, conditional), O-2(CD) (office, conditional), and former right-of-away with no established
zoning.
Proposed Zoning: CC (commercial center) and the establishment of CC (commercial center).
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation,
environment, land use and site design.
2017-42_staff_05-15-17_final final final
2017-042 vicinity map
2017-042 rezoning map revised
2017-042_RevSitePlan_04-11-2017
Previsously Approved Cover Page
2017-42 previously approved plan 2008-014
23. Rezoning Petition: 2017-035 by Carolina Capital Investments
Partners
Location: Approximately 4.39 acres located on the north side of West Tremont Avenue between South
Tryon Street and Toomey Avenue. (Council District 3 - Mayfield)
Current Zoning: I-1 (light industrial)
Proposed Zoning: I-1 TS-O, (light industrial, transit-supportive overlay, optional) with 5-year vested
rights
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site design
and technical revisions.
2017-035_staff_04-17-2017 final final
2017-035 vicinity map
2017-035 rezoning map revised 3
2017-035_RevSitePlan_04-18-2017
City of Charlotte Page 18 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
24. Rezoning Petition: 2017-044 by Jacobs Fork Properties, LLC
Location: Approximately 3.31 acres located on the east side of Craig Avenue along Lydia Ridge Lane
between Eastview Drive and Richland Drive. (Council District 5 - Ajmera)
Current Zoning: R-4 (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Staff Recommendation:
Staff does not recommend approval of this petition in its current form.
2017-44_Staff Analysis_5-15-17_final final
2017-044 vicinity map
2017-044 rezoning map revised
2017-044_RevSitePlan_03-14-2017
25. Rezoning Petition: 2017-048 by Camp Greene Properties, LLC
Location: Approximately 0.357 acres located at the northeast intersection of Belmont Avenue and
Pegram Street, east of Allen Street. (Council District 1 - Kinsey)
Current Zoning: R-5 (single family residential)
Proposed Zoning: MUDD-O (mixed use development district, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation,
site and building design, and requested technical revisions.
2017-48_staff_05-15-17_final final final
2017-048 vicinity map
2017-048 rezoning map
2017-048_RevSitePlan_04-11-2017
26. Rezoning Petition: 2017-052 by Southminster, Inc.
Location: Approximately 27.54 acres located on the east side of Park Road between Arbor Pointe Drive
and Smithfield Church Road. (Council District 6 - Smith)
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 sidewalks
along Park Road.
2017-052_staff_5-15-17_final final
2017-052 vicinity map
2017-052 rezoning map
2017-052_RevSitePlan_04-11-2017
City of Charlotte Page 19 Printed on 5/11/2017
City Council Zoning Meeting Zoning Agenda May 15, 2017
27. Rezoning Petition: 2017-053 by Hopper Communities, Inc.
Location: Approximately 0.86 acres located at the northeast intersection of Park Road and Reece Road.
(Council District 6 - Smith)
Current Zoning: R-4 and R-5 (single-family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and
building design.
2017-053_staff_05-15-2017_final final
2017-053 vicinity map
2017-053 rezoning map
2017-053_RevSItePlan_04-11-2017
28. Rezoning Petition: 2017-063 by GodSpeed Motors
Location: Approximately 3.415 acres located on the north side of Vance Davis Drive east of Twin Lakes
Parkway and south of Interstate 485. (Council District 2 - Austin)
Current Zoning: BP (business park)
Proposed Zoning: I-1 (light industrial)
Staff Recommendation:
Staff recommends approval of this petition.
2017-063_staff_05-15-2017_final final
2017-063 vicinity map
2017-063 rezoning map revised
29. Rezoning Petition: 2017-075 by Conformity Corporation
Location: Approximately 4.07 acres located on the east side of East Sugar Creek Road between Raleigh
Street and Bearwood Avenue. (Council District 1 - Kinsey)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M (transit oriented development, mixed use)
Staff Recommendation:
Staff recommends approval of this petition.
2017-075_sta_05-15-17_final final
2017-075 vicinity map
2017-075 rezoning map
City of Charlotte Page 20 Printed on 5/11/2017