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City Council Zoning Meeting

Regular Meeting

Charlotte, NC · June 19, 2017

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Minutes

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Zoning Minutes Monday, June 19, 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 June 19, 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, June 19, 2017 at 5:16 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 Dimple Ajmera, Council Member Al Austin, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member Vi Lyles, and Council Member Greg Phipps Absent: 3- Council Member LaWana Mayfield, Council Member James Mitchell, and Council Member Kenny Smith 1. 15-5653 Meeting Agenda This matter was For Information Only. 2. 15-5655 Dinner Meeting Agenda This matter was For Information Only. 3. 15-5656 Follow Up Report This matter was For Information Only. RECESS The meeting recessed at 5:25 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, June 19, 2017 at 5:39 p.m. in the Meeting Chamber of the Charlotte Mecklenburg Government Center with Mayor Jennifer Roberts presiding. ROLL CALL Present: 9- Mayor Jennifer Roberts, Council Member Dimple Ajmera, Council Member Al Austin, Council Member Ed Driggs, Council Member Julie Eiselt, Council Member Claire Fallon, Council Member Patsy Kinsey, Council Member Vi Lyles, and Council Member Greg Phipps Absent: 3- Council Member LaWana Mayfield, Council Member James Mitchell, and Council Member Kenny Smith City of Charlotte Page 1 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 INTRODUCTIONS INVOCATION Council member Eiselt led the Invocation. PLEDGE OF ALLEGIANCE EXPLANATION OF A ZONING MEETING Mayor Roberts explained the rules and procedures of the Zoning meeting. INTRODUCTION OF THE ZONING COMMITTEE Mayor Roberts recognized Tony Lathrop, Chairperson of the Zoning Committee and thanked him for his service on the Planning Commission. Mr. Lathrop introduced members of the Zoning Committee and said the Zoning Committee will meet Thursday June 29, 2017 at 5:30 p.m. in the Government Center to discuss and make recommendations on the petitions that have public hearings tonight. The public is welcome at the meeting, but it is not a continuation of the public hearings that are being held here tonight. Before that meeting, you are welcome to contact the folks on the Zoning Committee to provide your input about the matters that are discussed tonight. You can find our contact information and information on all of these petitions at charlotteplanning.org. HISTORIC LANDMARK PUBLIC HEARING 4. 15-5657 The Red Front Department Store Stewart Gray, Planning presented an overview of this proposed Historic Landmark. There being no speakers either for or against, a motion was made by Council Member Driggs and seconded by Council Member Ajmera to Close the Public Hearing for this Historic Landmark. The motion carried unanimously. DEFERRALS 5. 15-5665 Rezoning Petition: 2017-053 by Hopper Communities, Inc. Update: Requesting Deferral to (July 17, 2017) A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer the decision on this Rezoning Petition to July 17, 2017. The motion carried unanimously. 6. 15-5659 Rezoning Petition: 2016-131 by Halvorsen Development Corporation A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer the decision on this Rezoning Petition to August 28, 2017. The motion carried unanimously. City of Charlotte Page 2 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 7. 15-5662 Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC Update: Petitioner Requesting Deferral to July 17, 2017 A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer the decision on this Rezoning Petition until July 17, 2017. The motion carried unanimously. 14. 15-5778 Rezoning Petition: 2015-027 by Charlotte Housing Authority Update: Petitioner Requesting Deferral to September 18, 2017 A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer this Zoning Hearing to September 18, 2017. The motion carried unanimously. 15. 15-5812 Rezoning Petition: 2017-069 by Heydon Hall II, LLC Update: Petitioner Requesting Deferral to July 17, 2017 A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer this Zoning Hearing to July 17, 2017 and schedule the decision for this Rezoning Petition on August 28, 2017. The motion carried unanimously. 16. 15-5813 Rezoning Petition: 2017-074 by Fine Plaza, LLC Update: Petitioner Requesting Deferral to July 17, 2017 A motion was made by Council Member Lyles and seconded by Council Member Eiselt to Defer this Zoning Hearing. to July 17, 2017 The motion carried unanimously. ZONING DECISIONS 8. 15-5660 Rezoning Petition: 2017-042 by Rocky River Road Associates, LLC A motion was made by Council Member Ajmera and seconded by Council Member Phipps to Approve this Rezoning Petition, as modified. The motion carried unanimously. Yea: 8- Council Member Ajmera, Council Member Austin, Council Member Driggs, Council Member Eiselt, Council Member Fallon, Council Member Kinsey, Council Member Lyles, and Council Member Phipps 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. 9. 15-5661 Rezoning Petition: 2017-044 by Jacobs Fork Properties, LLC A motion was made by Council Member Ajmera and seconded by Council Member Austin to Approve this Rezoning Petition, as modified. The motion carried unanimously. City of Charlotte Page 3 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 A motion was made by Council Member Fallon and seconded by Council Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 10. 15-5663 Rezoning Petition: 2017-048 by Camp Greene Properties, 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. 11. 15-5664 Rezoning Petition: 2017-052 by Southminster, Inc. A motion was made by Council Member Lyles and seconded by Council Member Driggs to Approve this Rezoning Petition, as modified. The motion carried unanimously. A motion was made by Council Member Phipps and seconded by Council Member Driggs to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 12. 15-5666 Rezoning Petition: 2017-063 by GodSpeed Motors A motion was made by Council Member Austin and seconded by Council Member Fallon to Approve this Rezoning Petition. The motion carried unanimously. A motion was made by Council Member Fallon and seconded by Council Member Austin to Adopt the Statement of Consistency for this Zoning Decision. The motion carried unanimously. 13. 15-5667 Rezoning Petition: 2017-075 by Conformity Corporation A motion was made by Council Member Kinsey and seconded by Council Member Fallon 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. ZONING HEARINGS 17. 15-5824 Rezoning Petition: 2017-076 by Laurel Street Residential, LLC The following speakers addressed City Council regarding this item: Keith MacVean Lee Cochran A motion was made by Council Member Driggs and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 4 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 18. 15-5811 Rezoning Petition: 2017-068 by Hopedale Builders, Inc. The following speakers addressed City Council regarding this item: Colin Brown Shannon Haringx A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 19. 15-5776 Rezoning Petition: 2016-126 by Luxity, LLC The following speakers addressed City Council regarding this item: Daniel Merlin Samuel Walker A motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 20. 15-5784 Rezoning Petition: 2017-039 by Beacon Partners The following speaker addressed City Council regarding this item: Colin Brown A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 21. 15-5789 Rezoning Petition: 2017-058 by The Keith Corporation The following speaker addressed City Council regarding this item: Bridget Grant A motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 22. 15-5790 Rezoning Petition: 2017-061 by LBP Berryhill, LLC The following speaker 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. 23. 15-5791 Rezoning Petition: 2017-066 by Craig Calcasola There being no speakers, either for or against, a motion was made by Council Member Driggs and seconded by Council Member Kinsey to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 5 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 24. 15-5792 Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. The following speaker addressed City Council regarding this item: Chris Ogunrinde A motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 25. 15-5787 Rezoning Petition: 2017-055 by Duke Energy The following speaker addressed City Council regarding this item: Jim Gamble A motion was made by Council Member Driggs and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 26. 15-5814 Rezoning Petition: 2017-073 by The Gold District of Charlotte The following speaker addressed City Council regarding this item: Walter Fields A motion was made by Council Member Driggs and seconded by Council Member Austin to Close the Public Hearing. The motion carried unanimously. 27. 15-5825 Rezoning Petition: 2017-078 by Courtney E. Parker There being no speakers, either for or against, a motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 28. 15-5816 Rezoning Petition: 2017-082 by Griffbrew Investments, LLC The following speaker addressed City Council regarding this item: Jason Mathis A motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. 29. 15-5826 Rezoning Petition: 2017-084 by Cheer Athletics The following speakers addressed City Council regarding this item: Juan Blue A motion was made by Council Member Austin and seconded by Council Member Ajmera to Close the Public Hearing. The motion carried unanimously. City of Charlotte Page 6 Printed on 6/21/2017 City Council Zoning Meeting Zoning Minutes June 19, 2017 MAYOR AND COUNCIL TOPICS The City Council members may share information and raise topics for discussion. ADJOURMENT A motion was made by Council Member Driggs and seconded by Council Member Austin to Adjourn the meeting. The motion carried unanimously. The meeting adjourned at 8:00 p.m. City of Charlotte Page 7 Printed on 6/21/2017

Agenda

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, June 19, 2017 Council Chambers City Council Zoning Meeting - Mayor Jennifer W. Roberts - - Mayor Pro-Tem Vi Lyles - - Dimple Ajmera - Ed Driggs - Julie Eiselt Claire Fallon - Patsy Kinsey LaWana Mayfield - James Mitchell Greg Phipps - Kenny Smith City Council Zoning Meeting Meeting Agenda June 19, 2017 5:00 P.M. DINNER MEETING, CH-14 1. Meeting Agenda 2. Dinner Meeting Agenda 1. Agenda Review - Tammie Keplinger June Council Dinner Agenda DRAFT_TK.pdf 3. Follow Up Report Follow-Up Report June revised.pdf Attachment #1 June.pdf Attachment #2 June.pdf City of Charlotte Page 2 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS HISTORIC LANDMARK PUBLIC HEARING 4. The Red Front Department Store A Public Hearing on the Question of adopting an ordinance for the property known as “The Red Front Department Store” (listed under Tax Parcel 08112705), including the interior and exterior of the building, and the land associated with the tax parcel) as an Historic Landmark. Property Owner: Camp Greene Properties, LLC Location: 1125 Belmont Avenue in Charlotte Red Front Dept Store RCA.pdf Red Front Cover.docx Red Front Ordinance.docx Red Front S&R.pdf Red Front Estimate of Def Taxes.doc Red Front HLC Vote.doc Red Front SHPO Comment Ltr.pdf Red Front Dept Review Findings.doc City of Charlotte Page 3 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 ZONING DECISIONS 5. Rezoning Petition: 2017-053 by Hopper Communities, Inc. Update: Requesting Deferral to (July 17, 2017) 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 to DEFER this petition until their June 29, 2017 meeting. 2017-053_reco_05-30-2017.pdf 2017-053 vicinity map 2017-053 rezoning map City of Charlotte Page 4 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 6. 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) Zoning Committee Recommendation: The Zoning Committee voted 4-2 to recommend APPROVAL of this petition. Staff Recommendation: Staff disagrees with the recommendation of the majority of the Zoning Committee. Statement of Consistency: § The Zoning Committee found the allowed uses consistent with the Prosperity Hucks Area Plan; however, the petition is inconsistent with the specific recommendations of the plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends a mix of uses including retail/service, office, institutional, and residential for the area in which the site is located; and § The plan contains specific recommendations to create a pedestrian oriented mixed- use center in the area. § 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: § There needs to be another restaurant or food facility in the immediate vicinity; and § This particular site plan is conducive to have some walk in traffic; and § The plan creates outdoor spaces for people to use. 2016-131_reco_5-30-17_final.pdf 2016-131 vicinity map 2016-131 rezoning map 2016-131_RevSitePlan_6-8-17.pdf City of Charlotte Page 5 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 7. Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group Real Estate, LLC Update: Petitioner Requesting Deferral to July 17, 2017 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. Zoning Committee Recommendation: The Zoning Committee voted 7-0 to recommend APPROVAL of this petition. Staff Recommendation: Staff agrees with the recommendation of the Zoning Committee. Statement of Consistency: § The Zoning Committee finds a portion of the site consistent with the Northeast Area Plan and a portion of the site inconsistent with the adopted plan, based on the information from the staff analysis and the public hearing, and because: § The portion of the site proposed for a mix of commercial uses is consistent with the Northeast Area Plan recommendation for office/research/retail uses. However, the portion of the site proposed for multi-family use is inconsistent with the Northeast Area Plan recommendation for office/research/retail uses and residential use up to four dwelling units per acre. § However, this petition is found to be reasonable and in the public interest, based on the information from the staff analysis and the public hearing, and because: § The subject property is located in an I-85 interchange area which was identified in the Northeast District Plan (which preceded the Northeast Area Plan) for an expansion of research uses outside of the University Research Park; and § The Northeast Area Plan updated that land use recommendation to include a range of commercial uses (office/research/ retail), along with a recommendation for improved connectivity in the area and an integrated site plan; and the proposed development has been designed to provide the integrated and interconnected development recommended by the plan. Commercial development, consistent with the plan, is proposed for the part of the site closest to West Mallard Creek Church Road; and § Multi-family development is requested for the remainder of the site, instead of the non-residential uses identified by the plan. The addition of multi-family results in a mix of uses, instead of more isolated commercial development; and § The requested development has been designed to respond to the transportation context by placing the most auto-oriented uses which will require high levels of vehicular access, specifically the outparcels and large EDEE (eating/drinking/ entertainment establishment) closest to the interstate interchange; and § The site plan provides a transition from the auto-oriented area to a walkable commercial street which will connect to the multi-family development in the northern portion of the site; and § The area that the plan recommends for single family development is proposed to be used for a 75 -foot buffer area abutting existing single family homes, and a segment of the public street which will connect Mallard Creek Church Road and Galloway Road; and § In addition to the new street connecting to Galloway Road, the proposed development will provide City of Charlotte Page 6 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 a number of transportation improvements. These include reservation of right-of-way for a future east-west crossing of I-85 at Galloway Road, and a new signalized intersection to create site access and set up for a potential new connection in the adjacent University Research Park. 2016-139_reco_5-30-2017_final updated.pdf 2016-139 vicinity map.pdf 2016-139 rezoning map revised.pdf City of Charlotte Page 7 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 8. 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). 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 Rocky River Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends 646 for sale multi-family residential dwellings, and 30,000 square feet of office uses, as amended by rezoning petition 2008-014. § However, this petition was found to be reasonable and in the public interest, based on the information from the staff analysis and the public hearing, and because: § This plan modifies an existing approved site plan for a development that is split across jurisdictional boundaries, with part of the site located in Charlotte’s extraterritorial jurisdiction and part located within the Town of Harrisburg; and § The proposed plan provides a more unified, master planned development with a walkable pedestrian environment, particularly in the commercial area, and unified architectural standards; and § The proposal reduces the number of residential units in the City of Charlotte jurisdiction from 646 multi-family units to 515 townhome and multi-family units, resulting in a greater mix of housing types; and § While the increase in non-residential development from 30,000 square feet of office use to 191,000 square feet of commercial uses is inconsistent with the adopted plan, the increase in commercial development will result in a greater integration of residential and non-residential uses and the creation of a new pedestrian oriented main street; and § The Harrisburg Area Land Use Plan (2010), for the portion of the development to be located in the Town of Harrisburg, recommends a mix of uses that combines commercial and civic/institutional land uses with a mixture of housing types where supported by infrastructure in the area adjacent to the Charlotte site. This rezoning enables the overall development to be more cohesive and related across jurisdictional boundaries. 2017-42_Reco_ZC_053017-Final.pdf 2017-042 vicinity map 2017-042 rezoning map revised 2017-042_RevSitePlan_06-12-2017.pdf City of Charlotte Page 8 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 9. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 residential land use recommended in the South District Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends residential land uses; and § The site meets the criteria set forth in the General Development Policies (GDPs) for an increase in density up to five dwelling 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 proposed infill development provides residential uses that are consistent with the adopted area plan; and § The subject property is adjacent to single family homes fronting Craig Avenue; and § The UR-2 (urban residential) district is intended to protect and enhance designated single family areas and to encourage appropriate infill development within these areas; and § Sites along Craig Avenue provide a similar lot width, setback, and spacing as the existing adjacent dwellings along Craig Avenue; and § Structures adjacent to existing dwellings along Eastview Drive provide appropriate building separation, screening and transition of height to those dwellings; and § The site is located within walking distance of the Oakhurst Neighborhood Park; and § The proposal assembles all contiguous without leaving isolated properties; 2017-44_Reco_053017_Final.pdf 2017-044 vicinity map 2017-044 rezoning map revised 2017-044_revsiteplan_05-22-2017.pdf City of Charlotte Page 9 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 10. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Belmont Area Revitalization Plan, based on information from the staff analysis and the public hearing, and because: § The area plan recommends single family residential uses at a density of up to five units per acre. § However, this petition was found to be reasonable and in the public interest, based on information from the staff analysis and the public hearing, and because: § Belmont Area Revitalization Plan reflected the community’s desire to maintain and upgrade the convenience-type retail services located in the neighborhood and also create additional, accessible retail nodes; and § Through the plan development process, one recurring issue noted was the need for new commercial development convenient to residents, as opposed to some existing businesses at the time that did not serve the needs of residents (i.e. liquor stores); and § Therefore, the adopted plan recommended that several of the existing corner store sites, including the subject property, transition into single family residential or other more compatible uses with the established development pattern; and § However, this site is developed with a commercial structure that is being considered for status as a Historic Landmark by the Historic Landmarks Commission. The rezoning proposes reuse of the existing structure known as the Red Front Department Store built in 1902; and § As proposed, the rezoning will allow uses that will complement the established neighborhood, and the petition notes that food will be sold in any establishment where alcohol is sold on site; and § In addition, this property is located adjacent to an existing non-residential building with current tenants and across the street to an industrial site along Belmont Avenue. 2017-48_Reco_ZC_053017-final.pdf 2017-048 vicinity map 2017-048 rezoning map 2017-048_REVSitePlan_05-22-17.pdf City of Charlotte Page 10 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 11. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 District Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends institutional 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 developed with a senior living facility and has been rezoned several times for expansions; and § The requested petition is for a minor expansion of the recently approved entitlements for the existing facility, increasing independent units from 379 to 401 and amending the layout of a portion of the site approved with petition 2016-138; and § The expansion will be accommodated by redevelopment of a portion of the site, fronting Park Road, currently developed with parking and recently approved for the development of a villa; and § The area with the proposed change does not abut single family homes; and § The rezoning establishes a buffer between the church in R-3 (single family residential) zoning and the senior living facility. 2017-052_reco_5-30-17-Final.pdf 2017-052 vicinity map 2017-052 rezoning map 2017-052_RevSitePlan_6-9-17.pdf City of Charlotte Page 11 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 12. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 office/warehouse land use uses for the subject 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 adopted land use calls for office/warehouse uses, as allowed in the proposed I-1 industrial zoning district; and § The site and surrounding area are already developed as light industrial uses allowed under the BP zoning district; and § The I-1 district will allow uses such as auto sales that are not permitted in the BP (business park) district; and § The site backs up to I-485, with no residential uses in close proximity. 2017-063_reco_05-30-17-Final.pdf 2017-063 vicinity map 2017-063 rezoning map revised City of Charlotte Page 12 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 13. 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) Zoning Committee Recommendation: The Zoning Committee voted 7-0 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 Blue Line Extension Transit Station Area Plan, based on information from the staff analysis and the public hearing, and because: § The plan recommends transit supportive 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 subject site is within a ¼-mile walk of the Sugar Creek Transit Station on the LYNX Blue Line Extension; and § The proposed rezoning allows redevelopment of a site zoned for industrial use to be developed with transit supportive uses; 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; and § The plan for the area does not have a specific height limit and the TOD-M standards will provide a height transition between nearby single family homes and taller buildings. 2017-75_Reco_ZC_053017-final.pdf 2017-075 vicinity map 2017-075 rezoning map City of Charlotte Page 13 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 ZONING HEARINGS 14. Rezoning Petition: 2015-027 by Charlotte Housing Authority Update: Petitioner Requesting Deferral to September 18, 2017 Location: Approximately 3.031 acres located on the southeast corner at the intersection of Cherry Street and East 1st Street. (Council District 1 - Kinsey) Current Zoning: R-22MF (multi-family, residential) Proposed Zoning: UR-C(CD) (urban residential - commercial, conditional) 15. Rezoning Petition: 2017-069 by Heydon Hall II, LLC Location: Approximately 7 acres located on the north side of Smithfield Church Road where it meets Heydon Park Way, west of Heydon Hall Circle. (Council District 6 - Smith) Current Zoning: MX-1 (mixed use) and MX-1 SPA (mixed use, site plan amendment) Proposed Zoning: MX-1 SPA (mixed use, site plan amendment) 16. Rezoning Petition: 2017-074 by Fine Plaza, LLC Update: Petitioner Requesting Deferral to July 17, 2017 Location: Approximately 1.36 acres located on the east side of Duncan Avenue between Drummond Avenue and The Plaza. (Council District 1 - Kinsey) Current Zoning: B-1 (neighborhood business) Proposed Zoning: MUDD-O (mixed use development, optional) 17. Rezoning Petition: 2017-076 by Laurel Street Residential, LLC Location: Approximately 14.56 acres located on the south side of West Tyvola Road across from City Park Drive and Speer Boulevard. (Council District 3 - Mayfield) Current Zoning: MUDD-O (mixed use development, optional) and R-4 (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 land use, design, infrastructure, and minor technical revisions. 2017-076_staff_6-19-17_final final final.pdf 2017-076 vicinity map.pdf 2017-076 rezoning map revised.pdf 2017-076 rev_05-16-2017.pdf Previsously Approved Cover Page.pdf 2017-076 approved site plan_2009-057 (1).PDF City of Charlotte Page 14 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 18. Rezoning Petition: 2017-068 by Hopedale Builders, Inc. Location: Approximately 0.41 acres located on the south side of Faison Avenue between North Davidson Street and North Brevard Street. (Council District 1 - Kinsey) Current Zoning: R-5 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, land use, and site and building design. 2017-68_staff_061917_final_final.pdf 2017-068 vicinity map.pdf 2017-068 rezoning map.pdf 2017-068_RevSitePlan_05-16-2017.pdf 19. Rezoning Petition: 2016-126 by Luxity, LLC Location: Approximately 0.27 acres located on the northeast corner of South Sycamore Street and Margaret Brown Street. (Council District 2 - Austin) Current Zoning: UR-1 (urban 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. 2016-126_staff_06-19-2017_final_final.pdf 2016-126 vicinity map.pdf 2016-126 rezoning map.pdf 2016-126_RevSitePlan_04-11-2017.pdf 20. Rezoning Petition: 2017-039 by Beacon Partners Location: Approximately 3.53 acres located at the northeast intersection of South Tryon Street and Winona Street and east of Winnifred Street. (Council District 3 - Mayfield) Current Zoning: I-2 (general industrial) Proposed Zoning: TOD-M(O) (transit oriented development - mixed use, optional) and five-year vested rights Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. 2017-039_staff_06-19-2017_final final_final.pdf 2017-039 vicinity map.pdf 2017-039 rezoning map.pdf 2017-039_RevSitePlan_05-16-2017.pdf City of Charlotte Page 15 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 21. Rezoning Petition: 2017-058 by The Keith Corporation Location: Approximately 11.1 acres located on the north side of West W.T. Harris Boulevard between Mallard Creek Road and Medical Plaza Drive. (Council District 2 - Austin) Current Zoning: RE-1 (research) Proposed Zoning: RE-3(O) (research, optional) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to transportation, environment, and infrastructure. 2017-058_staff_6-19-17_final final.pdf 2017-058 vicinity map.pdf 2017-058 rezoning map.pdf 2017-058_RevSitePlan_05-16-2017.pdf 22. Rezoning Petition: 2017-061 by LBP Berryhill, LLC Location: Approximately 42.11 acres surrounding Perimeter West Drive, South of Wilkinson Boulevard and West of Interstate 485. (Outside City Limits) Current Zoning: I-1(CD) LLWPA (light industrial, conditional, Lower Lake Wylie watershed overlay, protected area) Proposed Zoning: I-1(CD) SPA LLWPA (light industrial, conditional, site plan amendment, Lower Lake Wylie watershed overlay, protected area) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to environment. 2017-061_staff_06-19-2017_final_final final.pdf 2017-061 vicinity map.pdf 2017-061 rezoning map.pdf 2017-061_RevSitePlan_05-16-2017.pdf Previsously Approved Cover Page.pdf 2017-061 approved site plan_2004-070.pdf City of Charlotte Page 16 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 23. Rezoning Petition: 2017-066 by Craig Calcasola Location: Approximately 0.35 acres located on the north side West Worthington Avenue between Wilmore Walk Drive and Wickford Place. (Council District 3 - Mayfield) Current Zoning: R-43MF HD (multi-family residential, historic district overlay) Proposed Zoning: UR-1(CD) HD (urban residential, conditional, historic district overlay) Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. 2017-066_staff_06-19-2017-final final.pdf 2017-066 vicinity map.pdf 2017-066 rezoning map.pdf 2017-066_RevSitePlan_05-15-2017.pdf 24. Rezoning Petition: 2017-067 by The Committee to Restore and Preserve Third Ward, Inc. Petitioner is Requesting Deferral (to August 1, 2017) Location: Approximately 0.17 acres located on the south side of Margaret Brown Street between South Sycamore Street and South Irvin Avenue. (Council District 2 - Austin) Current Zoning: UR-1 (urban residential) Proposed Zoning: MUDD-O (mixed use development, optional) Public Hearing Date: June 16, 2017 Item #24 2017-067_staff_06-19-2017_final final.pdf 2017-067 vicinity map revised.pdf 2017-067 rezoning map revised.pdf 2017-067_RevSitePlan_05-16-2017.pdf 25. Rezoning Petition: 2017-055 by Duke Energy Location: Approximately 5.28 acres located on the west side of Toddville Road and the south side of Craig Street, north of Macon Street. (Council District 3 - Mayfield) Current Zoning: R-3 LLWPA (single family residential, Lower Lake Wylie watershed overlay, protected area) Proposed Zoning: I-2 LLWPA (general industrial, Lower Lake Wylie watershed overlay, protected area) Staff Recommendation: Staff recommends approval of this petition. 2017-055_Staff_06-19-2017_final final.pdf 2017-055 vicinity map revised.pdf 2017-055 rezoning map revised 2.pdf City of Charlotte Page 17 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 26. Rezoning Petition: 2017-073 by The Gold District of Charlotte Location: Approximately 19.13 total acres of multiple parcels located south of West John Belk Freeway, west of West Carson Boulevard, north of South Church Street and along West Summit Avenue, south of South Mint Street. (Council District 3 - Mayfield) Current Zoning: B-2 (HD-O) (general business, historic district overlay) and I-1 (HD-O) (light industrial, historic district overlay) Proposed Zoning: B-2 TS (HD-O) (general business, transit supportive overlay, historic district overlay) and I-1 (HD-O) (light industrial, transit supportive overlay, historic district overlay) Staff Recommendation: Staff recommends approval of this petition. 2017-073_6-19-17_final final final.pdf 2017-073 vicinity map.pdf 2017-073 rezoning map revised.pdf 27. Rezoning Petition: 2017-078 by Courtney E. Parker Location: Approximately 0.19 acres located at the northeast intersection of Overbrook Trail and Lakebrook Road and south of Interstate 85. (Outside City Limits) Current Zoning: R-3 LWPA (single family residential, Lake Wylie watershed overlay, protected area) Proposed Zoning: O-1 LWPA (office, Lake Wylie watershed overlay, protected area) Staff Recommendation: Staff recommends approval of this petition. 2017-078_Staff_06-19-2017_final_final.pdf 2017-078 vicinity map.pdf 2017-078 rezoning map.pdf 28. Rezoning Petition: 2017-082 by Griffbrew Investments, LLC Location: 0.39 acres located along Griffith Street between New Bern Street and Fairwood Avenue and west of South Boulevard. (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. 2017-082_Staff_06-19-2017_final_final.pdf 2017-082 vicinity map.pdf 2017-082 rezoning map.pdf City of Charlotte Page 18 Printed on 7/14/2017 City Council Zoning Meeting Meeting Agenda June 19, 2017 29. Rezoning Petition: 2017-084 by Cheer Athletics Location: Approximately 5.14 acres located at the northeast intersection of Vance Drive Road and Twin Lakes Parkway and east of Statesville Road. (Council District 2 - Austin) Current Zoning: BP (business park) Proposed Zoning: I-1 (light industrial) Staff Recommendation: Staff recommends approval of this petition. 2017-084_Staff_06-19-2017_final final.pdf 2017-084 vicinity map.pdf 2017-084 rezoning map.pdf City of Charlotte Page 19 Printed on 7/14/2017