City Council Zoning Meeting
Regular MeetingCharlotte, NC · September 18, 2017
Minutes
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
Monday, September 18, 2017
5:30 PM
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Dimple Ajmera - Ed Driggs
Julie Eiselt - Claire Fallon
Carlenia Ivory - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Minutes September 18, 2017
DINNER MEETING
CALL TO ORDER
The City Council of the City of Charlotte, North Carolina convened for a Dinner
Meeting on Monday, September 18, 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 Ed
Driggs, Council Member Julie Eiselt, Council Member Patsy Kinsey, Council
Member Vi Lyles, Council Member Greg Phipps, Council Member Kenny Smith,
and Carlenia Ivory
Absent: 3- Council Member Claire Fallon, Council Member LaWana Mayfield, and Council
Member James Mitchell
1. 15-6466 Meeting Agenda
This item was For Information Only.
2. 15-6467 Dinner Meeting Agenda
This item was For Information Only.
3. 15-6468 Follow Up Report
This item was For Information Only.
Closed Session
A motion was made by Council Member Lyles and seconded by Council Member
Eiselt 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.
RECESS
The Dinner Meeting recessed at 5:22 p.m. to go into closed session in CH-14. The
closed session recessed at 5:39 p.m. to move to the Meeting Chamber for the
regularly scheduled Zoning Meeting.
City of Charlotte Page 1 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
ZONING MEETING
CALL TO ORDER
This City Council of the City of Charlotte, North Carolina reconvened for a Zoning
Meeting on Monday, September 18, 2017 at 5:46 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 Ed
Driggs, Council Member Julie Eiselt, Council Member Patsy Kinsey, Council
Member Vi Lyles, Council Member Greg Phipps, Council Member Kenny Smith,
and Carlenia Ivory
Absent: 3- Council Member Claire Fallon, Council Member LaWana Mayfield, and Council
Member James Mitchell
INTRODUCTIONS
PLEDGE OF ALLEGIANCE
EXPLANATION OF A ZONING MEETING
Mayor Roberts explained the rules and procedures of the Zoning Meeting.
INTRODUCTION OF THE ZONING COMMITTEE
John Fryday, Chairperson of the Zoning Committee, introduced members of the
Zoning Committee and said the Committee will meet Tuesday, October 3, 2017 at
5:30 p.m. at the Government Center. At that meeting the Zoning Committee will
make recommendations on the Zoning Petitions that have public hearings
tonight. The public is welcome to come to the Committee meeting but it is not a
continuation of the public hearing being held tonight. Before the meeting the
public is welcome to contact the Zoning Committee to provide input on these
zoning petitions. Contact information and information on each of the petitions is
on the City’s website at charlotteplanning.org.
Mr. Fryday said the Zoning Committee will meet tonight after the meeting on
Rezoning Petition 2017-070 by Saussy Burbank to make a recommendation.
DEFERRALS
HISTORIC LANDMARKS
4. 15-6040 Charles E. Barnhardt House
A motion was made by Council Member Lyles and seconded by Council Member
Kinsey to Defer the decision on this Historic Landmark to October 16, 2017. The
motion carried unanimously.
City of Charlotte Page 2 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
ZONING DECISIONS
5. 15-6276 Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose), LLC
This Rezoning Petition was Returned to the Zoning Committee for Review due to
changes that were made after the Zoning Committee's recommendation in
response to staff and neighborhood comments and concerns for the site. Staff
believes that the changes are numerous and possibly affect abutting and
adjacent property owners and should be sent back to allow review for the Zoning
Committee and interested citizens. The changes warrant an additional review by
the Zoning Committee.
6. 15-6458 Rezoning Petition: 2017-074 by Fine Plaza, LLC
A motion was made by Council Member Lyles and seconded by Council Member
Kinsey to Defer the decision on this Rezonoing Petition to October 16, 2017. The
motion carried unanimously.
7. 15-6421 Rezoning Petition: 2016-131 by Halvorsen Development Corporation
A motion was made by Council Member Phipps and seconded by Council
Member Lyles to Recuse Council Member Smith from this Zoning Decision. The
motion carried unanimously.
A motion was made by Council Member Phipps and seconded by Council
Member Ivory to Approve this Rezoning Petition, as modified. The motion
carried by the following vote:
Yea: 6- Council Member Driggs, Council Member Eiselt, Council Member Kinsey, Council
Member Lyles, Council Member Phipps, and Ivory
Nay: 1- Council Member Ajmera
Recused: 1- Council Member Smith
A motion was made by Council Member Lyles and seconded by Council Member
Phipps to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried by the following vote:
Yea: 6- Council Member Driggs, Council Member Eiselt, Council Member Kinsey, Council
Member Lyles, Council Member Phipps, and Ivory
Nay: 1- Council Member Ajmera
Recused: 1- Council Member Smith
8. 15-6277 Rezoning Petition: 2017-054 by ATCO
A motion was made by Council Member Smith and seconded by Council Member
Lyles Not to Refer this Rezoning Petition back to the Zoning Committee for
review. The motion carried unanimously.
A motion was made by Council Member Kinsey and seconded by Council
Member Ivory to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
City of Charlotte Page 3 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
A motion was made by Council Member Phipps and seconded by Council
Member Lyles to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
9. 15-6014 Rezoning Petition: 2017-058 by The Keith Corporation
A motion was made by Council Member Ivory and seconded by Council Member
Driggs to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Ivory and seconded by Council Member
Driggs to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
10. 15-6278 Rezoning Petition: 2017-062 by Doggett Concrete, Inc.
A motion was made by Council Member Smith and seconded by Council Member
Kinsey to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Smith and seconded by Council Member
Kinsey to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
11. 15-6279 Rezoning Petition: 2017-067 by The Committee to Restore and Preserve
Third Ward, Inc.
A motion was made by Council Member Ivory and seconded by Council Member
Driggs to Approve this Rezoning Petition, as modified. The motion carried
unanimously.
A motion was made by Council Member Ivory and seconded by Council Member
Driggs to Adopt the Statement of Consistency for this Zoning Decision. The
motion carried unanimously.
12. 15-6280 Rezoning Petition: 2017-072 by SMS Catering Service, Inc.
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee
for review. The motion carried unanimously.
A motion was made by Council Member Ajmera 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 Ajmera to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
13. 15-6281 Rezoning Petition: 2017-077 by TTR Investments, LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Smith 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.
City of Charlotte Page 4 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
14. 15-6282 Rezoning Petition: 2017-080 by Griffith Equities, LLC / E.C. Griffith
Company
A motion was made by Council Member Smith and seconded by Council Member
Ajmera 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.
15. 15-6283 Rezoning Petition: 2017-081 by Ninety-Eight and Three Quarters Holdings,
LLC
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs Not to Refer this Rezoning Petition back to the Zoning Committee
for review. The motion carried unanimously.
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. 15-6284 Rezoning Petition: 2017-085 by Mark Eisenbeis-Stolz Partners
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
17. 15-6285 Rezoning Petition: 2017-087 by Regions Bank
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 Ajmera to Approve this Rezoning Petition. The motion carried
unanimously.
18. 15-6286 Rezoning Petition: 2017-088 by Trevi Partners, LLC
A motion was made by Council Member Phipps 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 Ajmera to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes September 18, 2017
19. 15-6287 Rezoning Petition: 2017-089 by Laurel Street Residential
A motion was made by Council Member Kinsey and seconded by Council
Member Eiselt 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.
20. 15-6435 Rezoning Petition: 2017-090 by Childress Klein Properties, Inc.
A motion was made by Council Member Driggs and seconded by Council
Member Smith Not to Refer this Rezoning Petitionback to the Zoning Committee
for review. The motion carried unanimously.
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
21. 15-6440 Rezoning Petition: 2017-091 by Colony at Piper Glen, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ivory to Approve this Rezoning Petition, as modified. The motion
carried unanimously.
A motion was made by Council Member Driggs and seconded by Council
Member Kinsey to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
22. 15-6441 Rezoning Petition: 2017-092 by Direct Power
A motion was made by Council Member Smith and seconded by Council Member
Ajmera 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.
23. 15-6442 Rezoning Petition: 2017-093 by Carowinds, LLC
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously. by the following vote:
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24. 15-6443 Rezoning Petition: 2017-094 by MM&R Investments, LLC
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs to Approve this Rezoning Petition. The motion carried
unanimously.
A motion was made by Council Member Ajmera and seconded by Council
Member Driggs to Adopt the Statement of Consistency for this Zoning Decision.
The motion carried unanimously.
ZONING HEARINGS
25. 15-6461 Rezoning Petition: 2015-027 by Charlotte Housing Authority
A motion was made by Council Member Lyles and seconded by Council Member
Kinsey to Defer the hearing on this Rezoning Petition to December 18, 2017. The
motion carried unanimously.
26. 15-6439 Rezoning Petition: 2016-139 by Charter Properties, Inc./Browder Group
Real Estate, LLC
The following speaker(s) addressed City Council regarding this petition:
John Carmichael
Linda Majchrzak
Dr. Dan Morrill
Nick Bushon
A motion was made by Council Member Driggs and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
27. 15-6416 Rezoning Petition: 2017-057 by Childress Klein Properties, Inc.
The following speaker(s) addressed City Council regarding this petition:
Jeff Brown
Bridget Grant
Randy Goddard
Tracey Peterson
Robert Ray
Meryl Hunte
David Catenazzo
Michael DeCramer
Harmony Taylor
A motion was made by Council Member Eiselt and seconded by Council Member
Ajmera to Close the Public Hearing. The motion carried unanimously.
28. 15-6415 Rezoning Petition: 2017-050 by Circa Investments, LLC
A motion was made by Council Member Lyles and seconded by Council Member
Kinsey to Defer the hearing on this Rezoning Petition to October 16, 2017. The
motion carried unanimously.
City of Charlotte Page 7 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
29. 15-6422 Rezoning Petition: 2017-083 by CapRock LLC
A motion was made by Council Member Lyles and seconded by Council Member
Kinsey to Defer the hearing on this Rezoning Petition to October 16, 2017. The
motion carried unanimously.
30. 15-6425 Rezoning Petition: 2017-105 by Rexford Office Holdings, LLC
The following speaker(s) addressed City Council regarding this petition:
John Carmichael
A motion was made by Council Member Kinsey and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
31. 15-6427 Rezoning Petition: 2017-110 by Lincoln Harris, LLC
The following speaker(s) addressed City Council regarding this petition:
Colin Brown
A motion was made by Council Member Smith and seconded by Council Member
Kinsey to Close the Public Hearing. The motion carried unanimously.
32. 15-6418 Rezoning Petition: 2017-059 by Saturday Night, LLC
The following speaker(s) addressed City Council regarding this petition:
Robert Keziah
A motion was made by Council Member Ivory and seconded by Council Member
Eiselt to Close the Public Hearing. The motion carried unanimously.
33. 15-6436 Rezoning Petition: 2017-070 by Saussy Burbank, LLC
The following speaker(s) addressed City Council regarding this petition:
Colin Brown
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
34. 15-6419 Rezoning Petition: 2017-079 by McKinney Holdings NC II, LLC
The following speaker(s) addressed City Council regarding this petition:
Joel Madden
A motion was made by Council Member Phipps and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
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City Council Zoning Meeting Zoning Minutes September 18, 2017
35. 15-6423 Rezoning Petition: 2017-086 by Mecklenburg County Park and Recreation
The following speaker(s) addressed City Council regarding this petition:
Jim Garges
Lee Jones
A motion was made by Council Member Kinsey and seconded by Council
Member Ajmera to Close the Public Hearing. The motion carried unanimously.
36. 15-6437 Rezoning Petition: 2017-096 by Cambridge-Eastfield
The following speaker(s) addressed City Council regarding this petition:
Walter Fields
A motion was made by Council Member Kinsey and seconded by Council
Member Smith to Close the Public Hearing. The motion carried unanimously.
37. 15-6368 Rezoning Petition: 2017-098 by Urban Investments, LLC
The following speaker(s) addressed City Council regarding this petition:
Greg Pappanastos
A motion was made by Council Member Driggs and seconded by Council
Member Ivory to Close the Public Hearing. The motion carried unanimously.
38. 15-6414 Rezoning Petition: 2017-099 by Fenton Place, LLC
The following speaker(s) addressed City Council regarding this petition:
Keith MacVean
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
39. 15-6424 Rezoning Petition: 2017-103 by Asana Partners, LP
The following speaker(s) addressed City Council regarding this petition:
Keith MacVean
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
40. 15-6426 Rezoning Petition: 2017-107 by CIP Construction Company
The following speaker(s) addressed City Council regarding this petition:
Keith MacVean
A motion was made by Council Member Smith and seconded by Council Member
Ajmera to Close the Public Hearing. The motion carried unanimously.
City of Charlotte Page 9 Printed on 9/19/2017
City Council Zoning Meeting Zoning Minutes September 18, 2017
41. 15-6428 Rezoning Petition: 2017-117 by Profile Homes
The following speaker(s) addressed City Council regarding this petition:
Keith MacVean
A motion was made by Council Member Kinsey and seconded by Council
Member Driggs to Close the Public Hearing. The motion carried unanimously.
42. 15-6429 Rezoning Petition: 2017-119 by Brinker Properties, LLC
There being no speakers, either for or against, a motion was made by Council
Member Kinsey and seconded by Council Member Eiselt to Close the Public
Hearing. The motion carried unanimously.
43. 15-6430 Rezoning Petition: 2017-122 by Victory Christian Center, Inc.
The following speaker(s) addressed City Council regarding this petition:
Brooks Whiteside
A motion was made by Council Member Smith and seconded by Council Member
Ivory to Close the Public Hearing. The motion carried unanimously.
44. 15-6431 Rezoning Petition: 2017-126 by The Church of Jesus Christ of Latter-day
Saints
The following speaker(s) addressed City Council regarding this petition:
Mike McLeod
A motion was made by Council Member Driggs and seconded by Council
Member Ajmera to Close the Public Hearing. The motion carried unanimously.
MAYOR AND COUNCIL TOPICS
Mayor Roberts requested an agenda item be placed on a future agenda, either in
September or October, regarding placing "No Parking" signs on Latrobe Street.
ADJOURNMENT
A motion was made by Council Member Eiselt and seconded by Council Member
Driggs to Adjourn the meeting. The motion carried unanimously. The meeting
adjourned at 9:53 p.m.
City of Charlotte Page 10 Printed on 9/19/2017
Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, September 18, 2017
Council Chambers
City Council Zoning Meeting
- Mayor Jennifer W. Roberts -
- Mayor Pro-Tem Vi Lyles -
Dimple Ajmera - Ed Driggs
Julie Eiselt - Claire Fallon
Carlenia Ivory - Patsy Kinsey
LaWana Mayfield - James Mitchell
Greg Phipps - Kenny Smith
City Council Zoning Meeting Zoning Agenda September 18, 2017
5:00 P.M. DINNER MEETING, CH-14
1. Meeting Agenda
2. Dinner Meeting Agenda
1. Agenda Review - Laura Harmon
Dinner Agenda September FINAL.pdf
3. Follow Up Report
5:30 P.M. ZONING MEETING, COUNCIL CHAMBERS
Update: Petitioner Requesting Deferral to October 16, 2017
A Decision on adopting an ordinance for the property known as the “Charles E. Barnhardt House” (listed
under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and exterior of the
house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark.
Property Owner: Country Club Lane LLC
Location: 2733 Country Club Lane in Charlotte, North Carolina
HISTORIC LANDMARK DECISION
4. Charles E. Barnhardt House
Update: Petitioner Requesting Deferral to October 16, 2017
A Decision on adopting an ordinance for the property known as the “Charles E. Barnhardt House” (listed
under Tax Parcel Number 09504315 as of September 1, 2016 and including the interior and exterior of the
house and a portion of the land of Tax Parcel Number 09504315) as an Historic Landmark.
Property Owner: Country Club Lane LLC
Location: 2733 Country Club Lane in Charlotte, North Carolina
City of Charlotte Page 2 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
ZONING DECISIONS
5. Rezoning Petition: 2015-093 by 1351 Woodlawn (Melrose),
LLC
Update: Staff is recommending that this petition go back to
the Zoning Committee due to the number of changes made
since the Zoning Committee Recommendation.
Location: Approximately 2.9 acres located on the south side of Drexel Place and north side of Woodlawn
Road near the intersection of Park Road and Drexel Place and Park Road and Woodlawn Road. (Council
District 1 - Kinsey)
Current Zoning: R-4 (single family residential) and UR-3(CD) (urban residential, conditional)
Proposed Zoning: MUDD-O (mixed use development, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff disagrees with the recommendation of the Zoning Committee as the scale, mass and encroachment
into the single family area is inconsistent with the adopted area plan.
2015-093_reco_04-27-2016 final.pdf
2015-093 vicinity map
2015-093 rezoning map
6. Rezoning Petition: 2017-074 by Fine Plaza, LLC
Update: Requesting Deferral to October 16, 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)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to DEFER this petition to the October 3, 2017 Zoning Committee Work
Session.
2017-74_staff analysis_07-17-17-final_final.sdw.pdf
2017-074 vicinity map.pdf
2017-074 rezoning map.pdf
City of Charlotte Page 3 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
7. 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_06-07-2017
City of Charlotte Page 4 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
8. Rezoning Petition: 2017-054 by ATCO
Location: Approximately 72 acres located on the southeast intersection of Statesville Avenue and
Woodward Avenue, west of North Graham Street (Council District 1 - Kinsey)
Current Zoning: I-2 (general industrial)
Proposed Zoning: UMUD-O (uptown mixed use, optional)
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 Central District Plan, but
consistent with the Applied Innovation Corridor concept provided by the Charlotte Center City 2020
Vision Plan, based on information from the staff analysis and the public hearing, and because:
· The Central District Plan recommends industrial uses.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The subject property is a 72-acre light industrial site located just outside of Uptown and the I-277
loop. The site has a number of large buildings located on the site, totaling 1,240,000 square feet;
and
· The Central District Plan, which provides the land use recommendation for the site, calls for
continuation of light industrial uses for the property; and
· However, the Charlotte Center City 2020 Vision Plan identifies this area as part of the Applied
Innovation Corridor (AIC), an area for which small- and medium-sized businesses in key sectors,
such as bioscience, clean energy, informatics, and industrial design/architecture, are a priority. The
proposal supports the vision of the Center City Plan by providing locations for such uses, as well as
supporting retail and services for businesses and area residents; and
· The City’s Community Investment Plan (CIP) also identifies the site as being located within an
important area for reinvestment and job growth, which will result from reuse and redevelopment on
this site; and
· The Urban Land Institute (ULI) studied the area in 2014 and recognized the need for zoning to
support adaptive reuse and integration of existing industrial buildings as the area transitions to
become more mixed use. The proposed UMUD (uptown mixed use), with the requested optional
provisions and conditional commitments, will meet that need; and
· Preservation of a number of the existing buildings will support the reuse of potentially historic
buildings of local significance, as the site has been the location of both a Ford factory and a
munitions plant; and
· The proposal will also support transportation goals by increasing street connectivity and improving
walkability by adding new streetscape and sidewalks.
2017-054_reco_8-1-17.SM FinalFinal
2017-054 vicinity map
2017-054 rezoning map revised LQ
2017-054_RevSitePlan_09_01_17_Comments
City of Charlotte Page 5 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
9. 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)
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 University Research Park Area Plan,
based on information from the staff analysis and the public hearing, and because:
· The proposed office uses are consistent with the University Research Park Area Plan
recommendation for office land uses. However, the retail and EDEE (eating/drinking/entertainment
establishments) are inconsistent.
· 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 in the University Research Park area; and
· While some of the uses are technically inconsistent with the adopted plan, the proposed
development meets the overall intent for the area by:
· Diversifying uses. The proposed range of uses will complement those that already exist in the
University Research Park. Specifically, the potential retail and EDEE uses will provide goods and
services for employees, residents, and visitors; and
· Intensifying the site. The addition of new buildings will result in better utilization of a sparsely
developed site; and
· Adding pedestrian facilities. The installation of new sidewalk, a multi-use path, and streetscape
will result in a more inviting pedestrian environment.
2017-058_reco_08-01-2017 LH9-7_CLG0908 Final
2017-058 vicinity map
2017-058 rezoning map
2017-058_RevSitePlan_08-28-2017
City of Charlotte Page 6 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
10. Rezoning Petition: 2017-062 by Doggett Concrete, Inc.
Location: Approximately 5.8 acres located at the northern end of Cressida Drive east of South Boulevard
and west of Sharonbrook Drive. (Council District 6 - Smith)
Current Zoning: I-1 (light industrial)
Proposed Zoning: I-2(CD) (general industrial, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
· The Zoning Committee found this petition to be inconsistent with the long-term vision of the Sharon &
I-485 Transit Station Area Plan. However, the Committee found the petition to be consistent with the
plan provision for ongoing business and industrial operations based on information from the staff
analysis and the public hearing, and because:
· The plan recommends a transition to mixed use transit supportive land uses; and
· The plan recommends that ongoing businesses and industrial operations retain their commercial or
industrial zoning in order to continue operations and allow for business expansion, until such time as
the property owners are ready for redevelopment.
· Therefore, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
· The existing contractor’s office and storage yard located on the subject property were established
in 1998. The storage yard area has expanded gradually over the years. The rezoning would allow
the existing use, including the storage yard, to continue to operate; and
· The rezoning would bring the existing use into conformity and would require the installation of the
required buffers adjacent to the single family homes to the rear, as well as screening from the public
street; and
· As a result of this rezoning, the building and parking area will be separated from the single family
parcels by a distance of 100 feet including a 76-foot Class A buffer and a 15-foot sewer easement,
plus nine additional feet running along a stream; and
· There are a number of automotive dealerships and repair shops in the area and along Cressida Drive
with large parking lots with vehicle storage, and the proposed use is comparable to these uses.
2017-062_reco_8-1-17_rev
2017-062 vicinity map
2017-062 rezoning map
2017-062_RevSitePlan_08-24-2017
City of Charlotte Page 7 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
11. Rezoning Petition: 2017-067 by The Committee to Restore
and Preserve Third Ward, Inc.
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)
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 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 the
preservation and enhancement of Center City neighborhoods. This proposal is consistent with the
intent of the plan.
· 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 located on a short street in Third Ward that is primarily developed with single
family homes. However, there are multi-family buildings at the intersection of Irwin Avenue and
Margaret Brown Street, and on other nearby streets in this part of Third Ward; and
· The proposal allows for residential uses and a “conference center, including facilities for corporate
meetings, training, retreats, or other meetings” which, due to the limited size of the structure, is
compatible with the immediate area; and
· The proposed request will maintain the existing single family structure on the site which will
continue to contribute to the neighborhood’s established character; and
· The petition will provide a small gathering/event space for the community which may be converted
into a residence again if so desired.
2017-067_reco_08-1-2017_sf-8-15-17
2017-067 vicinity map revised
2017-067 rezoning map revised
2017-067_RevSitePlan_07-24-2017
City of Charlotte Page 8 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
12. Rezoning Petition: 2017-072 by SMS Catering Service, Inc.
Location: Approximately 4.68 acres located on the east side of Norland Avenue south of Central Avenue.
(Council District 5 - Ajmera)
Current Zoning: R-4 (single family residential), B-2 (CD) (general business, conditional), and O-6 (CD)
(office, conditional)
Proposed Zoning: NS (neighborhood services), with five-year vested rights
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 Eastland Area Plan recommendation
for retail use for the half of the property closest to Central Avenue where the main SMS Catering Inc.
structure is located. The proposal is inconsistent with the plan for the remainder of the site, which is
recommended for office and residential use at up to eight dwelling units per acre based on the
information from the staff analysis and the public hearing, and because:
· The plan recommends retail use for the portion of the site located closest to Central Avenue where
the main SMS Catering Inc. structure is located; and
· The plan recommends office and residential uses up to eight dwelling units per acre for the
remainder of the site.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The subject property is located on a local street (Norland Avenue) off of Central Avenue, and a
portion of the site is currently developed with an existing eating/drinking/ entertainment
establishment; and
· The location of the property is somewhat isolated, with the southern and western sides of the site
bounded by Evergreen Cemetery, and Eastway Middle School located to the southwest of the site;
and
· Abutting Norland Avenue and across the street are existing businesses toward Central Avenue, as
well as four residential structures; and
· These four residential structures directly across Norland Avenue from the rezoning site are zoned
R-4 (single family residential); however, the part of the rezoning site across from these properties
will be limited to parking and reuse of the existing three residential structures; and
· Due to the limited number of nearby residential uses, negative impacts related to the expansion of
this business are not anticipated. In addition, this petition will result in greater compliance with
current Zoning Ordinance regulations while accommodating expansion of an existing business.
2017-72_ZC Reco_080217
2017-072 vicinity map
2017-072 AMENDED rezoning map
2017-072_RevSitePlan_07-24-2017
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City Council Zoning Meeting Zoning Agenda September 18, 2017
13. Rezoning Petition: 2017-077 by TTR Investments, LLC
Location: Approximately 1.4 acres located at the northwest intersection of Millerton Avenue and West
Morehead Street and west of Suttle Avenue. (Council District 3 - Mayfield)
Current Zoning: I-1 (light industrial)
Proposed Zoning: MUDD-O (mixed use development, optional)
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 Bryant Park Land Use and
Streetscape Area Plan, based on information from the staff analysis and the public hearing, and
because:
· The petition is consistent with the Bryant Park Land Use and Streetscape Area Plan
recommendation for a mixture of residential/office/retail land uses where this site is located.
· 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 near the Bryant Park and Camp Greene neighborhoods and is
occupied by a building that is approximately 28,000 square feet in size. The portion of the existing
building along Millerton Avenue is occupied by a contractor’s office while the portion along Morehead
Street is unoccupied; and
· The proposal is to demolish a portion of the existing building to create two separate buildings. Office
and retail uses will be allowed in the resulting buildings, which is consistent with the Bryant Park
Land Use and Streetscape Area Plan; and
· The proposed office and retail uses are more compatible with the new multi-family and single family
residential development that has recently been completed in the Bryant Park neighborhood than the
industrial uses currently allowed on the site; and
· The existing urban fabric of the neighborhood will be retained with the preservation and reuse of the
majority of this older structure that was built in 1935.
2017-077_reco_08-01-2017
2017-077 vicinity map
2017-077 rezoning map
2017-077_RevSitePlan_07-24-2017
City of Charlotte Page 10 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
14. Rezoning Petition: 2017-080 by Griffith Equities, LLC / E.C.
Griffith Company
Location: Approximately 17.69 acres located in between Freedom Drive and West Morehead Street and
west of Walnut Avenue (Council District 3 - Mayfield)
Current Zoning: I-1 (light industrial)
Proposed Zoning: MUDD-O (mixed use development, optional)
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 Bryant Park Land Use and
Streetscape Plan, based on information from the staff analysis and the public hearing, and because:
· The petition is consistent with the Bryant Park Land Use and Streetscape Area Plan
recommendation for a mixture of residential/office/retail land uses for the area in which this site is
located. Most of the area identified to be park/green space will remain undeveloped.
· 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 in the Bryant Park area between Freedom Drive and West Morehead
Street and is currently vacant; and
· The proposed multi-family use, which will allow up to 280 multi-family and single family attached
units, will support the transition of the area to a pedestrian friendly mix of uses as called for by the
Bryant Park Land Use and Streetscape Area Plan; and
· Placement of buildings near the sidewalk on West Morehead Street and along the future greenway
will support walkability goals; and
· The request will also support the development of Mecklenburg County’s greenway system by
committing to convey an easement for development of the greenway.
2017-080_reco_08-01-2017_CLG0908 FINAL
2017-080 vicinity map
2017-080 rezoning map revised
2017-080_RevSitePlan_07-24-2017
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15. Rezoning Petition: 2017-081 by Ninety-Eight and Three
Quarters Holdings, LLC
Location: Approximately 0.38 located between North Tryon Street and Ritch Avenue and east of Guy E.
Suddreth Avenue. (Council District 1 - Kinsey)
Current Zoning: R-5 (single family residential)
Proposed Zoning: B-2 (CD) (general business, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 5-1 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the majority of the Zoning Committee.
Statement of Consistency:
· The Zoning Committee found this petition to be inconsistent with the North Tryon Area Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends single family residential at a density of up to five dwelling units per acre.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The request seeks to rezone a portion of a larger through-lot with frontage on the commercial
section of North Tryon Street as well as frontage on the residential section of Ritch Avenue; and
· The portion of the property proposed to be rezoned is located behind an existing business on North
Tryon Street and between two single family homes along Ritch Avenue; and
· A 50-foot wide overhead power line crosses the site preventing residential development on the lot;
and
· The site will be limited to accessory parking for the nonresidential use on the portion of the lot that
fronts North Tryon Street; and
· The nonresidential use will provide a 20.25-foot wide Class B buffer and a fence on both sides of
the property abutting single family dwellings, and along the frontage on Ritch Avenue; and
· The proposed parking area will not extend past the rear corners of the existing homes on either side
of the property leaving the first 72 feet of the property off Ritch Avenue landscaped which
maintains the residential character along Ritch Avenue.
2017-81_ZC Reco
2017-081 vicinity map
2017-081 rezoning map
2017-081_RevSitePlan_07-24-2017
City of Charlotte Page 12 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
16. Rezoning Petition: 2017-085 by Mark Eisenbeis-Stolz
Partners
Location: Approximately 9.54 acres located east of Interstate 485 between Caldwell Road and Farmington
Ridge Parkway. (Outside City Limits)
Current Zoning: R-3 (single family residential) and R-4 (single family residential)
Proposed Zoning: R-5 (CD) (single family residential, conditional), with five-year vested rights
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 Road Area Plan based
on information from the staff analysis and the public hearing, and because:
· The plan recommends single family residential at a density of up to four dwelling units per acre.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The vacant site is located directly between two established single family detached neighborhoods,
continues stubbed streets from both developments, and has lot widths consistent to the adjacent
(single family residential) zoning to the north; and
· The petition will provide single family detached dwellings that are similar in scale and character to
the surrounding detached dwellings, and slightly exceed the recommended density of four dwelling
units per acre; and
· The petition provides a public street connection to Caldwell Road, future Farmington Ridge Parkway
in Cabarrus County, and internal street connections to abutting subdivisions.
2017-085_reco_8-1-17
2017-085 vicinity map
2017-085 rezoning map
2017-085_RevSitePlan_06-12-2017
City of Charlotte Page 13 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
17. Rezoning Petition: 2017-087 by Regions Bank
Location: Approximately 1.96 acres located at the southwest intersection of South College Street and
East Stonewall Street and east of John Belk Freeway. (Council District 1 - Kinsey)
Current Zoning: UMUD-O (uptown mixed use district, optional)
Proposed Zoning: UMUD-O SPA (uptown mixed use district, optional, site plan amendment)
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 Charlotte Center City 2020 Vision
Plan, based on information from the staff analysis and the public hearing, and because:
· While this plan does not make a specific land use recommendation for the site, it recognizes Center
City’s continuing role as the central economic engine and diversified employment hub of the region.
· 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 proposes to increase the allowed signage for a new uptown building to permit
additional exterior signage; and
· Two signs are proposed to be located at the top of an 18-story building that has just been
completed; and
· The two proposed signs will have limited impact due to their location above ground and size in
comparison to the building; and
· They are also consistent with the signage provided for the NASCAR Hall of Fame office tower.
2017-087_reco_08-01-2017
2017-087 vicinity map
2017-087 rezoning map revised
2017-087_RevSitePlan_07-24-2017
City of Charlotte Page 14 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
18. Rezoning Petition: 2017-088 by Trevi Partners, LLC
Location: Approximately 23.3 acres located along the south side of North Tryon Street between
Wednesbury Boulevard and Caprington Avenue. (Council District 4 - Phipps)
Current Zoning: CC (commercial center) and UR-C (CD) (urban residential - commercial, conditional)
Proposed Zoning: UR-C (CD) (urban residential - commercial, conditional) and UR-C (CD) SPA (urban
residential - commercial, conditional, site plan amendment), with five-year vested rights
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 finds the 15.5-acre portion of the petition proposing multi-family residential
dwellings is consistent with the Northeast Area Plan as amended by rezoning petition 2016-107, which
allowed residential dwellings at a density of up to 22 units per acre. The remaining acreage is
inconsistent with the Northeast Area Plan, as amended by rezoning petition 2010-047, which
recommends institutional uses for approximately 0.80 acres of the site adjacent to the single family
neighborhood and a mix of residential, office, and retail uses for the remaining approximately 6.5 acres
of the site closest to the wastewater treatment facility, based on information from the staff analysis
and the public hearing, and because:
· The plan recommends multi-family residential at a density of up to 22 units per acre, for a 15.5-acre
portion of the site; and
· The plan recommends institutional, and a mix of residential, office and retail uses for the remainder
of the site.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The proposed multi-family use, which is associated with the non-residential development approved
for the adjoining property, will provide a balanced land use pattern with a mixture of uses including
residential, shopping, employment and institutional uses as recommended by the adopted plan; and
· Development density will be 11.8 units per acre, which is less than the 17.3 units per acre per the
previously approved plan for petition 2016-107; and
· This site provides internal pedestrian connections between the sidewalk, street, and multi-family
structures, and also to the greenway and abutting properties, which will enhance pedestrian
connectivity for the larger area when fully Implemented; and
· The proposed greenway, buffers, and large tree save areas provide a transition to the existing
single family neighborhood to the west; and
· The site plan provides usable open space, preservation of natural features, and a greenway
easement to be dedicated to Mecklenburg County. It also provides a trailhead and parking for
future greenway connection, which is also part of Cross Charlotte Trail.
2017-88_ZC Reco_080217
2017-088 vicinity map
2017-088 rezoning map
2017-088_RevSitePlan_07-24-2017
City of Charlotte Page 15 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
19. Rezoning Petition: 2017-089 by Laurel Street Residential
Location: Approximately 2 acres located at the northeast intersection of Marney Avenue and Sam Drenan
Road and east of Skyland Avenue. (Council District 1 - Kinsey)
Current Zoning: R-5 (single family residential)
Proposed Zoning: UR-3 (CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
· The Zoning Committee found this petition to be inconsistent with the Independence Boulevard Area
Plan, based on information from the staff analysis and the public hearing, and because:
· The plan recommends office/industrial-warehouse-distribution uses 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 subject site is a vacant parcel at the edge of the Grier Heights neighborhood; and
· To the north and east side of the site is vacant land zoned for industrial use and accessed off of
Latrobe Drive, which does not connect to the Grier Heights neighborhoods. The area to the south,
across Sam Drennan Road, is developed with low density single family homes in the Grier Heights
neighborhood, and the properties to the west are developed with retail and multi-family uses; and
· The proposed multi-family development will provide a transition between the single family section of
Grier Heights and the industrially zoned land along Latrobe Drive; and
· In addition, the proposed elderly housing will complement the existing housing in the neighborhood
and will provide aging residents with an opportunity to move into elderly housing while remaining in
the neighborhood.
2017-089_reco_08-01-2017_sf_8-15-2017
2017-089 vicinity map
2017-089 rezoning map
2017-089RevSitePlan_07-25-2017.pdf
City of Charlotte Page 16 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
20. Rezoning Petition: 2017-090 by Childress Klein Properties,
Inc.
Location: Approximately 27.6 acres located at the southwest intersection of Providence Road and
Ballantyne Commons Parkway and north of Interstate 485. (Council District 7 - Driggs)
Current Zoning: CC (commercial center)
Proposed Zoning: CC SPA (commercial center, site plan amendment)
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 Providence Road/I-485 Area Plan
Update, based on information from the staff analysis and the public hearing, and because:
· The plan recommends primarily retail use with limited office.
· 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 changes to the site plan for the Promenade Shopping Center are designed to allow
minor adjustments to the site to allow the center to evolve and remain economically vital; and
· The proposal increases the number and height of freestanding shopping center signs, however:
· The proposed sign height and area are consistent with what is allowed for the CC (commercial
center) district; and
· The proposed site plan allows two signs per street front which is fewer than the three per street
front allowed by the ordinance; and
· The proposal calls for conversion of a portion of the landscaped “Village Square” at the center of
the retail area to parking. However, the most heavily used part of the “Village Square” would remain
and be improved, and the less used part would be paved with specialty pavers or stamped asphalt
to allow use for special events; and
· The proposal allows an existing tree preservation area along Ballantyne Commons Parkway to be
reduced to accommodate a proposed building and parking:
· However, the site plan is designed to ensure comparable landscaping on the site by committing
to providing replacement trees for large trees at a two-to-one ratio on the site; and
· In addition, the proposal provides the opportunity to regrade the area to allow the new building
and this part of the site to better relate to the sidewalk along Ballantyne Commons Parkway.
2017-090_reco_8-1-17 LH9-6_JK9-7_final
2017-090 vicinity map
2017-090 rezoning map
2017-090_RevSite_08-28-2017
City of Charlotte Page 17 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
21. Rezoning Petition: 2017-091 by Colony at Piper Glen, LLC
Location: Approximately 2.23 acres located at the northeast intersection of Ballantyne Commons Parkway
and Rea Road. (Council District 7 - Driggs)
Current Zoning: B-1SCD (business shopping center)
Proposed Zoning: NS (neighborhood services)
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 District Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends office use; and
· An open space amenity is an allowable and typical use within office development.
· Therefore, this petition was found to be reasonable and in the public interest, based on information
from the staff analysis and the public hearing, and because:
· The area proposed for rezoning was previously established as a landscaped buffer. This petition
allows this area located between the public streets, parking, and buildings on the site to be
developed as open space with pedestrian scale amenities; and
· Other rezonings in the past, north of the site, along Rea Road have reduced the previously
established buffer width to add pedestrian amenities such as walkways, plazas, and fountains; and
· The petition provides a park-like amenity and gathering space on the eastern side of Rea Road that
will serve the nearby office tenants and other visitors to the site.
2017-091_reco_8-1-17
2017-091 vicinity map
2017-091 rezoning map
2017-091_RevSitePlan_07-24-2017
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City Council Zoning Meeting Zoning Agenda September 18, 2017
22. Rezoning Petition: 2017-092 by Direct Power
Location: Approximately 14 acres located along the west side of Ryne Road and in between Mount Holly
Road and Chapelton Drive. (Outside City Limits)
Current Zoning: R-3 (LWPA) (single family residential, Lake Wylie protected area)
Proposed Zoning: I-1 (CD) (LWPA) (light industrial, conditional, Lake Wylie protected area)
Zoning Committee Recommendation:
The Zoning Committee voted 4-2 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff disagrees with the recommendation of the Zoning Committee because the subject rezoning site and
surrounding properties on the west side of Rhyne Road are all planned and zoned for single family residential
use, and the proposed development will result in the encroachment of industrial zoning into this
residentially planned area. Uses allowed in the proposed I-1 (light industrial) zoning include
industrial/warehouse uses, which would be more appropriately located in the area to the north along the
rail line, as this area is planned and zoned for industrial use.
Statement of Consistency:
· The Zoning Committee found this petition to be inconsistent with the Catawba Area Plan, based on
information from the staff analysis and the public hearing, and because:
· The petition is inconsistent with the land use recommendation as per the Catawba Area Plan for
residential land use up to four dwelling units per acre.
· However, this petition was found to be reasonable and in the public interest, based on information from
the staff analysis and the public hearing, and because:
· The proposal will help support connectivity and a road network; and
· There are existing light industrial businesses in the area; and
· The noise resulting from the airplanes makes the property less attractive for residential
development.
2017-092_reco_08-01-2017 LH9-6_CLG0907 LH9-7 FINAL.pdf
2017-092 vicinity map
2017-092 rezoning map
2017-092_RevSitePlan_07-24-2017
City of Charlotte Page 19 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
23. Rezoning Petition: 2017-093 by Carowinds, LLC
Location: Approximately 24.16 acres located on the west side of Interstate 77 on the southern edge of
Mecklenburg County, south of Nevada Boulevard. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: I-1 (light industrial)
Zoning Committee Recommendation:
The Zoning Committee voted 6-0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff agrees with the recommendation of the Zoning Committee.
Statement of Consistency:
· The Zoning Committee found this petition to be consistent with the Steele Creek Area Plan, based on
information from the staff analysis and the public hearing, and because:
· The plan recommends industrial/warehouse land 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 site is located along the North/South Carolina State line and the Interstate 77 and Carowinds
Boulevard interchange area, which includes hotels and supporting retail uses; and
· Outside of the Carowinds amusement park and to the north, the area is developed with industrial
uses and is located within the Westinghouse Boulevard Industrial Activity Center; and
· The proposed use is consistent with the industrial-warehouse-distribution adopted land use for this
site as proposed by the Steele Creek Area Plan; and
· The site is appropriate for the proposed I-1 (light industrial) zoning due to its proximity to other
industrial zoned land.
2017-093_reco_8-15-2017
2017-093 vicinity map
2017-093 rezoning map
City of Charlotte Page 20 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
24. Rezoning Petition: 2017-094 by MM&R Investments, LLC
Location: Approximately 0.35 acres located on the north side of Remount Road between South Tryon
Street and Distribution Street. (Council District 3 - Mayfield)
Current Zoning: I-1 (light 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 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 subject site is within a 1/2 mile walk of the New Bern Transit Station on the LYNX Blue Line;
and
· The proposal allows a site previously used for industrial/office to convert to transit supportive land
uses; and
· Use of conventional TOD-M (transit oriented development - mixed-use) zoning applies standards and
regulations to create the desired form and intensity of transit supportive development, and a
conditional rezoning is not necessary; and
· TOD (transit oriented development) standards include requirements for appropriate streetscape
treatment, building setbacks, street-facing building walls, entrances, and screening.
2017-094_reco_08-01-2017
2017-094 vicinity map
2017-094 rezoning map
City of Charlotte Page 21 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
ZONING HEARINGS
25. Rezoning Petition: 2015-027 by Charlotte Housing Authority
Update: Petitioner Requesting Deferral to
December 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)
2015-027 Deferral PH Slip Sheet
26. 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 transportation
and a technical issue.
2016-139_staff_09-18-2017_CLG08-28_AG 08-30 lh9-4_km9-7_CLG909_AG0912 final_SA_09-13-2017 FINAL
2016-139 vicinity map
2016-139 rezoning map revised
2016-139_RevSitePlan_08-15-2017
City of Charlotte Page 22 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
27. Rezoning Petition: 2017-057 by Childress Klein Properties,
Inc.
Location: Approximately 5.4 acres located at the southeast corner of the intersection of Pineville-Matthews
Road and Providence Road. (Council District 7 - Driggs)
Current Zoning: O-15 (CD) (office, conditional)
Proposed Zoning: MUDD-O (mixed use development district, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and building
design and transportation and technical issues related to land use, site and building design and
environment.
2017-057_staff_9-18-17_km_JK-8-31 LH9-7_km9-8_JK9-11_final_SA_09-12-2017_TRANSPORTATION FINAL
2017-057 vicinity map
2017-057 rezoning map
2017-057_RevSitePlan_08-15-2017
Previously Approved Cover Page
2017-057_approvedplan_1986-112 SM reduced.pdf
28. Rezoning Petition: 2017-050 by Circa Investments, LLC
Location: Approximately 0.77 acres located south of Crescent Avenue and north of South Laurel Avenue,
between Providence Road and Willoughby Street. (Council District 1 - Kinsey)
Current Zoning: B-1 (neighborhood business) and O-2 (office)
Proposed Zoning: NS (neighborhood services)
Staff Recommendation:
Staff does not recommend approval of this petition in its current form.
2017-050_staff_09-18-2017 LH-KM 9-6_09-08-2017_SA_09-12-2017 LH9-12 FINAL.pdf
2017-050 vicinity map
2017-050 rezoning map
2017-050_RevSitePlan_08-15-2017
29. Rezoning Petition: 2017-083 by CapRock LLC
Update: Petitioner Requesting Deferral to
October 16, 2017.
Location: 1.16 acres located between Seigle Avenue and Harrill Street, west of Van Every Street. (Council
District 1 - Kinsey)
Current Zoning: I-2 (general industrial)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
2017-083 Deferral PH Slip Sheet
City of Charlotte Page 23 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
30. Rezoning Petition: 2017-105 by Rexford Office Holdings, LLC
Location: Approximately 3.42 acres located on the south side of Rexford Road between Coca Cola Plaza
and Roxborough Road. (Council District 6 - Smith)
Current Zoning: O-15(CD) (office, conditional)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of requested technical revisions related to
lighting, height, pedestrian connections, and optional provisions and the single outstanding issue related to
signage.
2017-105_staff_9-18-17_km_JK8-24 lh8-29_km8-31_JK9-6_final_09-08-2017SA FINAL
2017-105 vicinity map
2017-105 rezoning map
2017-105_RevSitePlan_08-15-2017
Previously Approved Cover Page
2017-105_approvedplan_1977-011
31. Rezoning Petition: 2017-110 by Lincoln Harris, LLC
Location: Approximately 16.07 acres located on the south side of Fairview Road east of Sharon Road and
across from Cameron Valley Parkway. (Council District 6 - Smith)
Current Zoning: CC (commercial center)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to land use,
transportation, site and building design.
2017-110_staff_9-18-17_km_JK8-30 lh9-4_km9-5_JK9-7_final_JK9-11_SA_09-13-2017 FINAL
2017-110 vicinity map revised
2017-110 rezoning map revised
2017-110_RevSitePlan_08-15-2017
Previously Approved Cover Page
2017-110_approvedplan_2011-054
City of Charlotte Page 24 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
32. Rezoning Petition: 2017-059 by Saturday Night, LLC
Location: Approximately 3.78 acres located on the north side of Bellhaven Boulevard between Interstate
485 and Bellhaven Circle. (Council District 2 - Ivory)
Current Zoning: R-3 (LWPA) (single family residential, Lake Wylie watershed - overlay, protected area)
Proposed Zoning: I-1(CD) (LWPA) (light industrial, conditional, Lake Wylie watershed - overlay, protected
area)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to land use and
transportation issues, and technical items.
2017-059_staff_09-18_CLG_08-24_AG LH 08-29_km08-30_CLG0908_SA09-08 FINAL
2017-059 vicinity map
2017-059 rezoning map revised
2017-059_RevSitePlan_07-10-2017
33. Rezoning Petition: 2017-070 by Saussy Burbank, LLC
Location: Approximately 2.22 acres located along the west side of Park Road in between Wyndcrofte
Place and Hillside Avenue. (Council District 1 - Kinsey)
Current Zoning: R-4 (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site design and
transportation issues.
2017-070_staff_09-18-2017LH_km8-30_SAF_09-07-2017_09-08-2017SA FINAL.pdf
2017-070 vicinity map
2017-070 rezoning map
2017-070_RevSitePlan_08-15-2017
City of Charlotte Page 25 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
34. Rezoning Petition: 2017-079 by McKinney Holdings NC II,
LLC
Location: Approximately 14 acres located at the northeast intersection of North Tryon Street and Sandy
Avenue. (Council District 4 - Phipps)
Current Zoning: B-2(CD) (general business, conditional)
Proposed Zoning: TOD-M(CD) (transit oriented development - mixed use, conditional)
Staff Recommendation:
Staff recommends approval of this petition.
2017-79_Staff_091817 LH8-29_km8-30_SSS090617_09-08-2017SA_SM_SSS0913 final
2017-079 vicinity map
2017-079 rezoning map
2017-079_RevSitePlan_08-15-2017
Previously Approved Cover Page
2017-79 approved site plan1989-041C
35. Rezoning Petition: 2017-086 by Mecklenburg County Park
and Recreation
Location: Approximately 90.45 acres along Eastway Drive between North Tryon Street and The Plaza.
(Council District 1 - Kinsey)
Current Zoning: R-17MF (multi-family residential), B-1 (neighborhood business), and I-1 (light industrial)
Proposed Zoning: INST(CD) (institutional, conditional), with five-year vested rights.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and building
design.
2017-86_Staff_091817 LH8-30_km8-31_SSS090617_SA_09-12-2017 FINAL.pdf
2017-086 vicinity map
2017-086 rezoning map
2017-086_RevSitePlan_08-15-2017
City of Charlotte Page 26 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
36. Rezoning Petition: 2017-096 by Cambridge-Eastfield
Location: Approximately 8.96 acres located on the northeast side at the intersection of Prosperity Ridge
Road and Johnston Oehler Road, south of Interstate 485. (Council District 4 - Phipps)
Current Zoning: UR-2(CD) (urban residential, conditional)
Proposed Zoning: UR-2(CD) SPA (urban residential, conditional, site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation
and urban design.
2017-096_staff_CLG0830_AG 08-30 LH9-4_km9-5_CLG0907_AG09-07 LH9-11_SA_09-12-2017 FINAL.pdf
2017-096 vicinity map
2017-096 rezoning map
2017-096_RevSitePlan_08-15-2017
37. Rezoning Petition: 2017-098 by Urban Investments, LLC
Location: Approximately 0.16 acres located on the southern corner at the intersection of South Boulevard
and East Carson Boulevard. (Council District 1 - Kinsey)
Current Zoning: O-2 (office)
Proposed Zoning: TOD-M (transit oriented development - mixed use)
Staff Recommendation:
Staff recommends approval of this petition.
2017-098_staff_09-18-2017 LH_km9-31_SAF-09-07-2017_SA-09-11-2017 FINAL.pdf
2017-098 vicinity map
2017-098 rezoning map
38. Rezoning Petition: 2017-099 by Fenton Place, LLC
Location: Approximately 0.19 acres located on the south side of Fenton Place between Providence Road and
Cherokee Road. (Council District 1 - Kinsey)
Current Zoning: O-2 (office)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site design and
transportation.
2017-099_staff_09-18-2017 lh9-4_km9-5_SAF-09-07-2017_SA_09-11-2017 FINAL.pdf
2017-099 vicinity map
2017-099 rezoning map
2017-099_RevSitePlan_08-15-2017
City of Charlotte Page 27 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
39. Rezoning Petition: 2017-103 by Asana Partners, LP
Location: Approximately 0.80 acres located at the northeast intersection of East Park Avenue and Camden
Road, between South Tryon Street and South Boulevard. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-M(O) (transit oriented development - mixed use, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to building and site
design.
2017-103_staff_09-18-2017 LH9-4_km9-5_SAF_09-07-2017_SA_09-11-2017 FINAL.pdf
2017-103 vicinity map
2017-103 rezoning map
2017-103_RevSitePlan_08-15-2017
40. Rezoning Petition: 2017-107 by CIP Construction Company
Location: Approximately 1.25 acres located on the east side of South Tryon Street between Fairwood
Avenue and Remount. (Council District 3 - Mayfield)
Current Zoning: I-1 (light industrial)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site design and
transportation.
2017-107_staff_8-28-2017 LH9-4_km9-5_09-07-2017_SA_09-11-2017 FINAL.pdf
2017-107 vicinity map
2017-107 rezoning map revised
2017-107_RevSitePlan_08-15-2017_SAF
41. Rezoning Petition: 2017-117 by Profile Homes
Location: Approximately 4.27 acres located at the end of University East Drive, east of Old Concord Road,
north of Rocky River Road. (Council District 4 - Phipps)
Current Zoning: B-1(CD) (neighborhood business, conditional)
Proposed Zoning: O-1 (office)
Staff Recommendation:
Staff recommends approval of this petition.
2017-117_Staff_091817 LH8-30_km8-31_SSS090617_SA_09-13-2017final
2017-117 old vicinity map
2017-117 old rezoning map
Previously Approved Cover Page
2017-117 approved site plan 1980-035C
City of Charlotte Page 28 Printed on 9/15/2017
City Council Zoning Meeting Zoning Agenda September 18, 2017
42. Rezoning Petition: 2017-119 by Brinker Properties, LLC
Location: Approximately 6.81 acres located on the north side of Nations Ford Road, west of I-485.
(Council District 3 - Mayfield)
Current Zoning: I-1 (light industrial)
Proposed Zoning: I-2 (general industrial)
Staff Recommendation:
Staff recommends approval of this petition.
2017-119_staff_9-18-17_MR LH9-4_km9-6_MR9-8_Final_SA_09-11-2017 FINAL.pdf
2017-119 old vicinity map
2017-119 old rezoning map
43. Rezoning Petition: 2017-122 by Victory Christian Center,
Inc.
Location: Approximately 4.42 acres located on east of Nations Ford Road, north of E. Hebron Street.
(Council District 3 - Mayfield)
Current Zoning: INST (institutional)
Proposed Zoning: I-1 (light industrial)
Staff Recommendation:
Staff recommends approval of this petition.
2017-122_staff_9-18-17_MR LH08-29_km08-31_MR9-8_Final_SA_09-11-2017 FINAL.pdf
2017-122 old vicinity map
2017-122 old rezoning map
44. Rezoning Petition: 2017-126 by The Church of Jesus Christ
of Latter-day Saints
Location: Approximately 2.5 acres located off Mallard Oaks Drive, west of John Adams Road, east of
Interstate 85. (Council District 4 - Phipps)
Current Zoning: O-1(CD) (office district, conditional)
Proposed Zoning: B-1 (neighborhood business)
Staff Recommendation:
Staff recommends approval of this petition.
2017-126_Staff_8.23.17_MR LH9-6_MR9-11_Final_SA_09-12-2017 FINAL.pdf
2017-126 old vicinity map
2017-126 old rezoning map
Previously Approved Cover Page
2017-126 approved site plan 2006-082
City of Charlotte Page 29 Printed on 9/15/2017