City Council Zoning Meeting
Regular MeetingCharlotte, NC · December 16, 2019
Minutes
Charlotte-Mecklenburg
City of Charlotte Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Minutes
City Council Zoning Meeting
Mayor Vi Lyles
Mayor Pro Tem Julie Eiselt
Council Member Dimple Ajmera
Council Member Tariq Scott Bokhari
Council Member Ed Driggs
Council Member Larken Egleston
Council Member Malcolm Graham
Council Member Renee Johnson
Council Member James Mitchell
Council Member Matt Newton
Council Member Victoria Watlington
Council Member Braxton Winston II
Monday, December 16, 2019 5:00 PM Council Chambers
DINNER MEETING
1. Meeting Agenda
For Information Only
2. Dinner Meeting Agenda
For Information Only
3. Follow Up Report
For Information Only
RECESS
The Dinner Briefing was recessed at 5:08 p.m.
ZONING MEETING
CALL TO ORDER
INTRODUCTIONS
Introductions were made by everyone at the dais.
INVOCATION
Mayor Lyles gave the invocation.
PLEDGE OF ALLEGIANCE
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City Council Zoning Meeting Zoning Minutes December 16, 2019
Mayor Lyles led the Pledge of Allegiance.
EXPLANATION OF A ZONING MEETING
INTRODUCTION OF A ZONING COMMITTEE
Sam Spencer introduced the members of the Zoning Committee.
DEFERRALS AND WITHDRAWALS
Motion was made by Councilmember Egleston, seconded by Councilmember
Graham, and carried unanimously to defer Item Numbers 16, 21, 29, 30, 36, to
January 21, 2020 and Item 28 to June 2020.
16. Rezoning Petition: 2019-094 by Andrew Parker
21. Rezoning Petition: 2019-106 by Darren Vincent
28. Rezoning Petition: 2015-027 by Charlotte Housing Authority
29. Rezoning Petition: 2019-117 by Montana Drive OZ Fund, LLC
30. Rezoning Petition: 2019-123 by Magnus Capital Partners
36. Rezoning Petition: 2019-111 by Hive Fitness, LLC
DECISIONS
4. Rezoning Petition: 2018-092 by Contravest Development Partners, LLC
Motion was made by Councilmember Winston, seconded by Councilmember
Mitchell, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Winston, seconded by Councilmember
Mitchell, and carried unanimously to approve the statement of consistancy.
5. Rezoning Petition: 2018-150 by TDC Greenville, LLC
Motion was made by Councilmember Graham, seconded by Councilmember
Winston, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Graham, seconded by Councilmember
Winston, and carried unanimously to approve the statement of consistency.
6. Rezoning Petition: 2019-009 by Joseph Rhodes
7. Rezoning Petition: 2019-028 by HHHunt
8. Rezoning Petition: 2019-030 by Continental 475 Fund, LLC
9. Rezoning Petition: 2019-036 by BSL Galbreath, Inc.
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Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to approve Item No. 9.
10. Rezoning Petition: 2019-047 by NR Pinehurst Property Owner, LLC
Motion was made by Councilmember Bokhari, seconded by Councilmember
Egleston, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Bokhari, seconded by Councilmember
Egleston, and carried unanimously to approve Item 10.
11. Rezoning Petition: 2019-071 by FH 1524 Sunset Road, LLC
Motion was made by Councilmember Bokhari, seconded by Councilmember
Mitchell, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Bokhari, seconded by Councilmember
Mitchell, and carried unanimously to approve Item 11.
12. Rezoning Petition: 2019-072 by Ardent Acquisitions, LLC
Motion was made by Councilmember Johnson, seconded by Councilmember
Mitchell, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Johnson, seconded by Councilmember
Mitchell, and carried unanimously to approve Item No. 12.
13. Rezoning Petition: 2019-088 by JDSI, LLC
14. Rezoning Petition: 2019-090 by Culp Road Materials, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to approve Item No. 14.
15. Rezoning Petition: 2019-093 by 406 W. 32nd, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Mitchell, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Egleston, seconded by Councilmember
Mitchell, and carried unanimously to approve Item No. 15.
17. Rezoning Petition: 2019-097 by Ardent Acquisitions, LLC
18. Rezoning Petition: 2019-098 by Flagship Healthcare
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to approve Item No. 18.
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to adopt the statement of consistency.
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19. Rezoning Petition: 2019-099 by Townes Mozer
20. Rezoning Petition: 2019-100 by Matt Connolly-Pike Properties, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to approve Item No. 20.
22. Rezoning Petition: 2019-107 by Albemarle Road Partners
Motion was made by Councilmember Newton, seconded by Councilmember
Ajmera, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Newton, seconded by Councilmember
Ajmera, and carried unanimously to approve Item No. 22.
23. Rezoning Petition: 2019-108 by J.S. & Associates
Motion was made by Councilmember Johnson, seconded by Councilmember
Ajmera, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Johnson, seconded by Councilmember
Ajmera, and carried unanimously to approve Item No. 23.
24. Rezoning Petition: 2019-112 by Mark Heisig
Motion was made by Councilmember Egleston, seconded by Councilmember
Driggs, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Egleston, seconded by Councilmember
Driggs, and carried unanimously to approve Item No. 24.
25. Rezoning Petition: 2019-116 by Billy Graham Evangelistic Association
Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to approve Item No. 25.
26. Rezoning Petition: 2019-120 by Titan Partners, LLC
Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to adopt the statement of consistency.
Motion was made by Councilmember Watlington, seconded by Councilmember
Driggs, and carried unanimously to approve Item No. 26.
27. Rezoning Petition: 2019-121 by Jamario Rickenbacker
27a. Interlocal Agreement for Excelsior Club Facade Restoration
Motion was made by Councilmember Mitchell, seconded by Councilmember
Watlington, and carried unanimously to approve Item No. 27a.
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City Council Zoning Meeting Zoning Minutes December 16, 2019
HEARINGS
HEARINGS
31. Rezoning Petition: 2019-035 by Novant Health, Inc.
Motion was made by Councilmember Egleston, seconded by Councilmember
Graham, and carried unanimously to Recuse Mayor Lyles from Item 31.
Motion was made by Councilmember Winston, seconded by Councilmember
Driggs, and carried unanimously to Close the Public Hearing.
32. Rezoning Petition: 2019-069 by Harrison Tucker - CoHab, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Newton, and carried unanimously to Close the Public Hearing.
33. Rezoning Petition: 2019-080 by Seahawk Partner Holdings, LLC
Motion was made by Councilmember Newton, seconded by Councilmember
Winston, and carried unanimously to Close the Public Hearing.
34. Rezoning Petition: 2019-092 by Carolina Development Group NC, LLC
Motion was made by Councilmember Driggs, seconded by Councilmember
Winston, and carried unanimously to Close the Public Hearing.
35. Rezoning Petition: 2019-110 by Jay Patel
37. Rezoning Petition: 2019-124 by Gvest Capital, LLC
Motion was made by Councilmember Winston, seconded by Councilmember
Newton, and carried unanimously to Close the Public Hearing.
38. Rezoning Petition: 2019-125 by SCOC-Mallard Crossing, LLC
There being noone to speak either for or again, a motion was made by
Councilmember Winston, seconded by Councilmember Driggs, and carried
unanimously to Close the Public Hearing.
39. Rezoning Petition: 2019-127 by Regal Estates, LLC
There being noone to speak either for or again, a motion was made by
Councilmember Driggs, seconded by Councilmember Watlington, and carried
unanimously to Close the Public Hearing.
40. Rezoning Petition: 2019-129 by Lee Mynhardt, Mynhardt Investments, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Driggs, and carried unanimously to Close the Public Hearing.
41. Rezoning Petition: 2019-130 by Greenway Holdings, LLC
There being no speakers either for or against, a motion was made by
Councilmember Egleston, seconded by Councilmember Ajmera, and carried
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City Council Zoning Meeting Zoning Minutes December 16, 2019
unanimously to Close the Public Hearing.
42. Rezoning Petition: 2019-131 by Red Cedar Capital Partners
Motion was made by Councilmember Ajmera, seconded by Councilmember
Winston, and carried unanimously to Close the Public Hearing.
43. Rezoning Petition: 2019-132 by Lennar Multifamily Communities, LLC
Motion was made by Councilmember Egleston, seconded by Councilmember
Graham, and carried unanimously to Close the Public Hearing.
44. Rezoning Petition: 2019-133 by Greg Zanitsch, TBGC, LLC
Motion was made by Councilmember Graham, seconded by Councilmember
Egleston, and carried unanimously to Close the Public Hearing.
45. Rezoning Petition: 2019-134 by DJ Family Farms, LLC
Motion was made by Councilmember Ajmera, seconded by Councilmember
Driggs, and carried unanimously to Close the Public Hearing.
46. Rezoning Petition: 2019-136 by Venkata Ammi Reddy
Motion was made by Councilmember Winston, seconded by Councilmember
Driggs, and carried unanimously to Close the Public Hearing.
47. Rezoning Petition: 2019-137 by Kinger Homes
Motion was made by Councilmember Winston, seconded by Councilmember
Driggs, and carried unanimously to Close the Public Hearing.
48. Rezoning Petition: 2019-147 by Guy Properties
Motion was made by Councilmember Driggs, seconded by Councilmember
Bokhari, and carried unanimously to Close the Public Hearing.
49. Rezoning Petition: 2019-149 by Wood Partners
Motion was made by Councilmember Egleston, seconded by Councilmember
Winston, and carried unanimously to close the public hearing.
ADJOURMENT
The meeting was adjourned at 10:08 p.m.
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Agenda
City of Charlotte
Charlotte-Mecklenburg Government Center
600 East 4th Street
Charlotte, NC 28202
Zoning Agenda
Monday, December 16, 2019
Council Chambers
City Council Zoning Meeting
Mayor Vi Lyles
Mayor Pro Tem Julie Eiselt
Council Member Dimple Ajmera
Council Member Tariq Scott Bokhari
Council Member Ed Driggs
Council Member Larken Egleston
Council Member Malcolm Graham
Council Member Renee Johnson
Council Member James Mitchell
Council Member Matt Newton
Council Member Victoria Watlington
Council Member Braxton Winston II
City Council Zoning Meeting Zoning Agenda December 16, 2019
DINNER MEETING
1.
5:00 P.M. DINNER MEETING, CH-14
1. Meeting Agenda
2. Dinner Meeting Agenda
1. Agenda Review - Dave Pettine
3. Follow-Up Report
2. Dinner Meeting Agenda
1. Agenda Review - Dave Pettine
3. Follow Up Report
December Follow-Up Report - Final
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City Council Zoning Meeting Zoning Agenda December 16, 2019
DECISIONS
4. Rezoning Petition: 2018-092 by Contravest Development Partners, LLC
Location: Approximately 14.47 acres located on the west side of Old Statesville Road, south of West W.
T. Harris Boulevard. (Council District 2 - Graham)
Current Zoning: R-MH (manufactured housing), B-2 (general business), and I-1 (CD) (light industrial,
conditional)
Proposed Zoning: UR-3 (CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2018-092_reco_12-03-2019 done
2018-092_Final_DONE
2018-092_RevSitePlan_12-10-2019
5. Rezoning Petition: 2018-150 by TDC Greenville, LLC
Location: Approximately 5.279 acres located on the west side of Statesville Avenue, south of Oaklawn
Avenue, also bounded by Callahan Street and Spring Street. (Council District 2 - Harlow)
Current Zoning: B-1 (neighborhood business)
Proposed Zoning: MUDD-O (mixed use development, conditional), with five-year vested rights.
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2018-150_ZCReco_2019_12_03_done
2018-150_Final_DONE
2018-150_RevSItePlan_11-25-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
6. Rezoning Petition: 2019-009 by Joseph Rhodes
Location: Approximately 16.0 acres located on the east side of Beatties Ford Road, north of Trinity Road
and south of Lakeview Road. (Council District 2 - Harlow)
Current Zoning: R-3 (single family residential) and B-2 (general business)
Proposed Zoning: R-8MF(CD) (multi-family residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues and requested technical
revisions related to transportation, environment and site design.
2019-009_reco_DONE
2019-009_Final_12-16 done
2019-009_RevSItePlan_10-23-2019
7. Rezoning Petition: 2019-028 by HHHunt
Location: Approximately 26.71 acres located on Harrisburg Road between Sam Dee Road and Cambridge
Commons Drive. (Council District 5 - Newton)
Current Zoning: R-3 (single family residential) and O-15(CD) (office, conditional)
Proposed Zoning: R-12MF (CD) (multi-family residential conditional) and R-12MF (multi-family residential)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-028 ZC Reco_done
2019-028 Final staff done
2019-028_RevSitePlan_07-22-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
8. Rezoning Petition: 2019-030 by Continental 475 Fund, LLC
Location: Approximately 30.73 acres located on the north side of South Tryon Street, south of Erwin
Road, east of Choate Circle. (Council District 3 - Watlington)
Current Zoning: R-3 (single family residential)
Proposed Zoning: R-12MF(CD) (multi-family residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-030_reco_12-03-2019 done
2019-030 Final_12-16-2019 done
2019-030_RevSItePlan_11-25-2019
9. Rezoning Petition: 2019-036 by BSL Galbreath, Inc.
Location: Approximately 8.70 acres located on the west side of Rhyne Road, south of Mt. Holly Road,
west of I-485. (Outside City Limits)
Current Zoning: R-3 LWPA (single family residential, Lake Wylie protected area)
Proposed Zoning: I-2(CD) LWPA (general industrial, conditional, Lake Wylie protected area)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-036_reco_done
2019-036 Final_DONE
2019-036_RevSItePlan_10-30-2019 Comments
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City Council Zoning Meeting Zoning Agenda December 16, 2019
10. Rezoning Petition: 2019-047 by NR Pinehurst Property Owner, LLC
Location: Approximately 36.06 acres located on the west side of Providence Road between Cloister Drive
and Knob Oak Lane and across from Strawberry Hill Drive. (Council District 6 - Bokhari)
Current Zoning: MUDD-O (mixed use development, optional)
Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-047_Reco_12-3-19_done
2019-047_Finalstaff_12-16-19_done
2019-047_RevSitePlan_11-25-2019
11. Rezoning Petition: 2019-071 by FH 1524 Sunset Road, LLC
Location: Approximately 54.99 acres located on the south side of Sunset Road, east of Oakdale Road.
(Outside City Limits)
Current Zoning: R-3 LWPA (single family residential, Lake Wylie watershed - overlay, protected area)
Proposed Zoning: MX-2 LWPA (mixed use, Lake Wylie watershed - overlay, protected area)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-071_ZC_Reco_DONE
2019-071 Final_done
2019-071_RevSitePlan_11-05-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
12. Rezoning Petition: 2019-072 by Ardent Acquisitions, LLC
Location: Approximately 38.83 acres located on the north side of Cannon Avenue, west of Sugar Creek
Road, east of North Graham Street, north of Interstate 85. (Council District 4 - Johnson)
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.
Staff Recommendation:
Staff recommends approval of this petition.
2019-072 reco_done
2019-072 Final staff_done
2019-072_RevSItePlan_11-25-2019
13. Rezoning Petition: 2019-088 by JDSI, LLC
Location: Approximately 29.75 acres located on the west side of Hood Road, south of Plaza Road
Extension. (Outside City Limits)
Current Zoning: R-3 (single family residential)
Proposed Zoning: R-8 (single family residential)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-088_ZCReco_2019_12_03_done
2019-088_FinalStaff
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City Council Zoning Meeting Zoning Agenda December 16, 2019
14. Rezoning Petition: 2019-090 by Culp Road Materials, LLC
Location: Approximately 34.6 acres located on the south side of Old Dowd Road, west of Interstate 485.
(Outside City Limits)
Current Zoning: R-3 and R-MH LLWCA (single family residential, residential manufactured housing, Lower
Lake Wylie watershed-overlay, critical area)
Proposed Zoning: I-2(CD) LLWCA with five-year vested rights (general industrial, conditional, Lower Lake
Wylie watershed-overlay, critical area)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation
and environment.
2019-090 ZC Reco_DONE
2019-090 Final_DONE
2019-090 RevSitePlan_11-13-2019
15. Rezoning Petition: 2019-093 by 406 W. 32nd, LLC
Location: Approximately 2.12 acres located off West 32nd Street, off North Tryon Street. (Council
District 1 - Egleston)
Current Zoning: I-2 (general industrial)
Proposed Zoning: MUDD-O (mixed use development, optional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff does not recommend approval of this petition.
2019-093 reco_done
2019-093 Final staff_done
2019-093_RevSitePlan_11-25-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
16. Rezoning Petition: 2019-094 by Andrew Parker
Location: Approximately 0.41 acres located on the east side of North Davidson Street, north of Charles
Avenue and Matheson Avenue. (Council District 1 - Egleston)
Current Zoning: R-5) (single family residential)
Proposed Zoning: UR-2(CD) (urban residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation
and site and building design.
2019-094_ZC_Rec_DONE
2019-094-FinalStaff_DONE
2019-094_RevSitePlan_10-29-19
17. Rezoning Petition: 2019-097 by Ardent Acquisitions, LLC
Location: Approximately 17.02 acres located on the west side of South Tryon Street, south of Blairhill
Road, south of Clanton Road, east of Interstate 77. (Council District 3 - Mayfield)
Current Zoning: I-1 and I-1(CD) (light industrial and light industrial, conditional)
Proposed Zoning: TOD-TR (transit oriented development-transit transition)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-097_reco_DONE
2019-097 Final_DONE
18. Rezoning Petition: 2019-098 by Flagship Healthcare
Location: Approximately 8.12 acres located on the north side of Randolph Road, north of Eastover Ridge
Drive, east of Cranbrook Lane. (Council District 1 - Egleston)
Current Zoning: R-5 (single family residential)
Proposed Zoning: NS (neighborhood service)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to environment.
2019-098_reco_12-03-2019_done
2019-098 Final_DONE
2019-098_RevSitePlan_11-26-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
19. Rezoning Petition: 2019-099 by Townes Mozer
Location: Approximately 2.33 acres located on the southwest corner of South Tryon Street and Griffith
Street. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-NC (transit oriented development-neighborhood center)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-099_reco_DONE
2019-099 Final_DONE
20. Rezoning Petition: 2019-100 by Matt Connolly-Pike Properties, LLC
Location: Approximately 1.01 acres located on the west side of Seigle Avenue and south of McAden
Street. (Council District 1 - Egleston)
Current Zoning: I-2 (general industrial)
Proposed Zoning: MUDD-O (mixed use development, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 6:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of an outstanding issue related to
transportation.
2019-100_ZC_Rec_DONE
2019-100_FinalStaff_DONE
2019-100_RevSItePlan_09-17-2019-comments
21. Rezoning Petition: 2019-106 by Darren Vincent
Location: Approximately 0.89 acres located on the east side of Driwood Court, north of Mallard Creek
Road and south of Prosperity Church Road. (Council District 4 - Johnson)
Current Zoning: NS (neighborhood service)
Proposed Zoning: NS SPA (neighborhood service, site plan amendment)
Zoning Staff Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-106 reco_done
2019-106 Final staff_done
2019-106_RevSItePlan_11-25-2019
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City Council Zoning Meeting Zoning Agenda December 16, 2019
22. Rezoning Petition: 2019-107 by Albemarle Road Partners
Location: Approximately 1.217 acres located at 8837 Albemarle Road, east of Hollirose Drive and west of
Circumferential Road. (Council District 5 - Newton)
Current Zoning: B-1 (CD) (general business, conditional)
Proposed Zoning: NS (neighborhood services)
Zoning Committee Recommendation:
The Zoning Committee voted 6:1 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to technical
revisions and transportation.
2019-107_ZCReco_2019_12_03_done
2019-107_DONE
2019-107_RevSitePlan_11-25-2019
23. Rezoning Petition: 2019-108 by J.S. & Associates
Location: Approximately 13.21 acres located on the west side of Neal Road, southwest of IBM Drive.
(Council District 4 - Johnson)
Current Zoning: R-3 (single family residential)
Proposed Zoning: R-8MF (CD) (multi-family residential, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-108 reco_done
2019-108 Final_done
2019-108_RevSitePlan_11-25-2019
24. Rezoning Petition: 2019-112 by Mark Heisig
Location: Approximately 0.33 acres located on the east side of Pinecrest Avenue, north of Commonwealth
Avenue. (Council District 1 - Egleston)
Current Zoning: O-2 (office)
Proposed Zoning: R-4 (single family residential)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-112_reco_12-3-2019_done
2019-112 Final_12-16-2019_done
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City Council Zoning Meeting Zoning Agenda December 16, 2019
25. Rezoning Petition: 2019-116 by Billy Graham Evangelistic Association
Location: Approximately 1.47 located on the north side of Billy Graham Parkway, east of Westmont Drive
and south of Woodridge Center Drive. (Council District 3 - Watlington)
Current Zoning: R-17MF (multi-family residential)
Proposed Zoning: I-1(CD) (light industrial, conditional)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-116_reco_12-03-2019_done
2019-116 Final_12-16-2019_done
2019-116_RevSItePlan_10-15-2019-comments
26. Rezoning Petition: 2019-120 by Titan Partners, LLC
Location: Approximately 8.5 acres located on the north side of Wilkinson Boulevard and on the east side
of West Morehead Street. (Council District 3 - Watlington)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-CC (transit oriented development - transit community center)
Zoning Committee Recommendation:
The Zoning Committee voted 7:0 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-120_ZC Reco_done
2019-120 Final Staff_done
27. Rezoning Petition: 2019-121 by Jamario Rickenbacker
Location: Approximately 1.15 acres located on the north side of West Boulevard, west of Holabird Lane.
(Council District 3 - Watlington)
Current Zoning: B-1(CD) (neighborhood business, conditional)
Proposed Zoning: B-1 (neighborhood business)
Zoning Committee Recommendation:
The Zoning Committee voted 5:2 to recommend APPROVAL of this petition.
Staff Recommendation:
Staff recommends approval of this petition.
2019-121_ZC Reco_done
2019-121 Final Staff_done
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City Council Zoning Meeting Zoning Agenda December 16, 2019
27a. Interlocal Agreement for Excelsior Club Façade Restoration
Action:
A. Adopt a resolution approving the Excelsior Club Interlocal Agreement with Mecklenburg
County and authorizing the City Manager to negotiate and execute all documents necessary
to complete the interlocal cooperation.
B. Authorize the City Manager to negotiate and execute an Excelsior Club Façade Restoration
Loan Agreement and ancillary documents.
Staff Resource(s):
Ron Kimble, City Manager’s Office
Explanation
§ Kenwood Investments or a related entity, a California based investment group (the “Buyer”),
intends to purchase the Excelsior Club property for the purpose of redeveloping it as an
entertainment venue (the “Redevelopment”).
§ The city, county, Foundation for the Carolinas and the Knight Foundation have agreed to provide
financial assistance to Kenwood Investments for the preservation, restoration or replication of the
historic Excelsior Club façade (the “Façade”).
§ Upon the Buyer’s purchase of the property, the city and the county will each make a $50,000 loan
to the Buyer for the preservation, restoration or replication of the Façade. The city and the Buyer
will enter into a loan agreement that is secured by a Deed of Trust recorded against the property
(the “Loan Agreement”).
§ The Loan Agreement will provide that the Buyer shall submit plans to the Historic Landmarks
Commission for approval before proceeding with any preservation, restoration or replication efforts.
§ The Loan Agreement will also provide that the Redevelopment, including the preservation,
restoration or replication of the Excelsior Club façade must be completed on or before December 31,
2024.
§ Should the Buyer fail to comply with the terms of the Loan Agreement, the Buyer shall return to the
city and the county their respective $50,000 loans.
Fiscal Note
Funding: Business Corridor Revitalization funds
Excelsior Club Interlocal Agreement Resolution 12-16-19
Excelsior Club Interlocal Agreement with County 12.16.19
City of Charlotte Page 13 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
HEARINGS
HEARINGS
28. Rezoning Petition: 2015-027 by Charlotte Housing Authority
Update: Petitioner is requesting deferral to June 15, 2020
Location: Approximately 3.031 acres located on the southeast corner at the intersection of Cherry Street and
East 1st Street. (Council District 1 - Egleston)
Current Zoning: R-22MF (multi-family, residential)
Proposed Zoning: UR-C(CD) (urban residential - commercial, conditional)
29. Rezoning Petition: 2019-117 by Montana Drive OZ Fund, LLC
Update: Petitioner is requesting deferral to January 21, 2020.
Location: Approximately 11.51 acres located on the south of Montana Drive, south of I-85, east of
Tennessee Avenue. (Council District 2 - Harlow)
Current Zoning: R-5 (single family residential)
Proposed Zoning: I-1(CD) (light industrial, conditional)
30. Rezoning Petition: 2019-123 by Magnus Capital Partners
Update: Petitioner is requesting deferral to January 21, 2020.
Location: Approximately 1.99 acres located on the south side of Bryant Street, east of South Summit
Avenue, west of Interstate 77. (Council District 2 - Graham)
Current Zoning: I-1 PED (light industrial, pedestrian overlay)
Proposed Zoning: I-1 PED-O (light industrial, pedestrian overlay, optional)
31. Rezoning Petition: 2019-035 by Novant Health, Inc.
Location: Approximately 40.43 acres located at the southeast intersection of Johnston Road and
Providence Road West. (Council District 7 - Driggs)
Current Zoning: R-3 (single family residential)
Proposed Zoning: INST (CD) (institutional, conditional)
Site Recommendation:
Staff recommends approval of this petition.
2019-035_PHstaff_DONE
2019-035_RevSitePlans_11-12-2019
City of Charlotte Page 14 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
32. Rezoning Petition: 2019-069 by Harrison Tucker - CoHab, LLC
Location: Approximately 0.9 acres on the west side of E. 36th St, north of North McDowell St. and south
of North Alexander St. (Council District 1 - Egleston)
Current Zoning: R-5 (single family)
Proposed Zoning: NS (neighborhood services)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to site and building
design.
2019-069 PHstaff_DONE
2019-069_RevSitePlan_11-7-2019
Rezoning Petition: 2019-080 by Seahawk Partner Holdings, LLC
33.
Location: Approximately 11.15 acres located on the west side of Commonwealth Avenue and
east of Char Meck Lane, north of Monroe Road. (Council District 5 - Newton)
Current Zoning: R-5 (single family residential) and R-8MF (multi-family residential)
Proposed Zoning: UR-2 (CD) (urban residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition.
2019-080 PHstaff_DONE
2019-080_RevSitePlan_11-12-2019-comments
34. Rezoning Petition: 2019-092 by Carolina Development Group NC, LLC
Location: Approximately 0.98 acres located on the east corner of the intersection of North Smith Street &
West 10th Street, south of Brookshire Freeway. (Council District 2 - Graham)
Current Zoning: I-1 HD-O (light industrial, historic district overlay)
Proposed Zoning: UMUD-O HD-O (uptown mixed use, historic district overlay)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation.
2019-092 PH_DONE
2019-092_RevSItePlan_09-17-2019-comments
City of Charlotte Page 15 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
35. Rezoning Petition: 2019-110 by Jay Patel
Location: Approximately 1.24 acres located north of Central Avenue, west of Hawthorne Lane, east of
Heath Court. (Council District 1 - Egleston)
Current Zoning: MUDD-O (PED) (mixed use development, optional, pedestrian overlay district)
Proposed Zoning: TOD-CC (PED) (transit oriented development - transit community center, pedestrian
overlay district)
Staff Recommendation:
Staff recommends approval of this petition.
2019-110 PHstaff_DONE
36. Rezoning Petition: 2019-111 by Hive Fitness, LLC
Location: Approximately 0.69 acres located on the south side of Southside Drive, west of Old Pineville
road, and east of Yancey Road. (Council District 3 - Mayfield)
Current Zoning: I-2 (general industrial)
Proposed Zoning: MUDD(O) (mixed use development, optional)
Staff Recommendation:
Staff does not recommend approval of this petition in its current form.
2019-111 PH_DONE
2019-111_RevSitePlan_10-15-2019-comments
37. Rezoning Petition: 2019-124 by Gvest Capital, LLC
Location: Approximately 5.86 acres north of Monroe Road, west of Eaton Road and east of Shade Valley
Road. (Council District 5 - Newton)
Current Zoning: O-6 (CD) (office, conditional) and R-17MF (multi-family)
Proposed Zoning: UR-2 (CD) (urban residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation,
environment and site and building design.
2019-124 PHstaff_DONE
2019-124_RevSitePlan_11-12-2019-comments
City of Charlotte Page 16 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
38. Rezoning Petition: 2019-125 by SCOC-Mallard Crossing, LLC
Location: Approximately 8.43 acres located on the east side of Prosperity Church Road, north of Mallard
Creek Road. (Council District 4 - Johnson)
Current Zoning: B-1 (CD) (neighborhood business, conditional)
Proposed Zoning: B-1 (CD) SPA (neighborhood business, conditional, site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of technical issues related to building design.
2019-125 PHstaff-_DONE
2019-125_RevSitePlan_11-12-2019-comments
39. Rezoning Petition: 2019-127 by Regal Estates, LLC
Location: Approximately 0.85 acres located on the south side of Morris Field Drive and the west side of
Eaton Circle, east of Airport Drive. (Council District 3 - Watlington)
Current Zoning: R-4 (single-family residential)
Proposed Zoning: R-8MF (multi-family residential)
Staff Recommendation:
Staff recommends approval of this petition.
2019-127 PHstaff_DONE
40. Rezoning Petition: 2019-129 by Lee Mynhardt, Mynhardt Investments, LLC
Location: Approximately 0.34 acres located along the eastern portion of E. 35th Street between N.
McDowell Street and Spencer Street. (Council District 1 - Egleston)
Current Zoning: R-5 (single family residential)
Proposed Zoning: R-6 (single family residential)
Staff Recommendation:
Staff recommends approval of this petition.
2019-129 PHstaff_DONE
41. Rezoning Petition: 2019-130 by Greenway Holdings, LLC
Location: Approximately 0.43 acres located on the west side of Park Road and north side of Drexel Place.
(Council District 1 - Egleston)
Current Zoning: MUDD (CD) (mixed use development, conditional)
Proposed Zoning: MUDD (CD) SPA (missed use development, conditional, site plan amendment)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation.
2019-130 PH_DONE
2019-130_RevSitePlan_11-12-2019-comments
City of Charlotte Page 17 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
42. Rezoning Petition: 2019-131 by Red Cedar Capital Partners
Location: Approximately 8.57 acres located at the southwest intersection of Old Plank Road and Baucom
Street. (Council District 2 - Graham)
Current Zoning: R-3 LWPA (single-family residential, Lake Wylie Protected Area)
Proposed Zoning: R-4 LWPA (single-family residential, Lake Wylie Protected Area)
Staff Recommendation:
Staff recommends approval of this petition.
2019-131 PHstaff_DONE
43. Rezoning Petition: 2019-132 by Lennar Multifamily Communities, LLC
Location: Approximately 5.90 acres located on the south side of Verbena Street, north of Yeoman Road,
west of Nations Crossing Road. (Council District 2 - Graham)
Current Zoning: I-2 (general industrial)
Proposed Zoning: TOD-TR (transit oriented development-transition)
Staff Recommendation:
Staff recommends approval of this petition.
2019-132 PH_DONE
44. Rezoning Petition: 2019-133 by Greg Zanitsch, TBGC, LLC
Location: Approximately .20 acres located at the NE corner of the intersection of Kennon Street and
Pegram Street in the Belmont Community. (Council District 1 - Egleston)
Current Zoning: R-5 (single family residential)
Proposed Zoning: MUDD-O (mixed use development, optional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation.
2019-133 PHstaff_DONE
2019-133_RevSitePlan_11-12-2019-comments
45. Rezoning Petition: 2019-134 by DJ Family Farms, LLC
Location: Approximately 1.27 acres located on the north side of West Pointe Drive, east of Sam Wilson
Road, north of Intersection 85. (Outside City Limits)
Current Zoning: R-3 LLWPA (single-family residential, Lower Lake Wylie watershed protected area)
Proposed Zoning: I-1 LLWPA (light industrial, Lower Lake Wylie watershed protected area)
Staff Recommendation:
Staff recommends approval of this petition.
2019-134 PHstaff_DONE
City of Charlotte Page 18 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
46. Rezoning Petition: 2019-136 by Venkata Ammi Reddy
Location: Approximately 1.89 acres located on the west side of Mulberry Church Road, east side of Sloan
Drive, north of Queen City Drive. (Council District 3 - Watlington)
Current Zoning: O-1 (CD) AIR (office, conditional, airport noise overlay)
Proposed Zoning: O-1 (CD) AIR SPA (office, conditional, airport noise overlay, site plan amendment) with
5 year vested rights.
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation
and site and building design and technical revisions.
2019-136 PHstaff_DONE
2019-136_RevSitePlan_11-12-2019-comments
47. Rezoning Petition: 2019-137 by Kinger Homes
Location: Approximately 9.62 acres located on the west side of West Sugar Creek road, north of Yorkford
Drive, south of Browne’s Ferry Road. (Council District 4 - Johnson)
Current Zoning: R-3 (single-family residential)
Proposed Zoning: R-6 (single-family residential, conditional)
Staff Recommendation:
Staff recommends approval of this petition upon resolution of outstanding issues related to transportation,
and environmental features.
2019-137 PH staff_DONE
48. Rezoning Petition: 2019-147 by Guy Properties
Location: Approximately .4416 acres located at the northeast intersection of N. Davidson Street and E.
36th Street. (Council District 1 - Egleston)
Current Zoning: MUDD-O (mixed-use development, optional
Proposed Zoning: TOD-NC (transit-oriented development, neighborhood center)
Staff Recommendation:
Staff recommends approval of this petition.
2018-147 PH_DONE
49. Rezoning Petition: 2019-149 by Wood Partners
Location: Approximately 2.8 acres located at the northern intersection of N. Davidson Street and E. 21st
Street. (Council District 1 - Egleston)
Current Zoning: TOD-M (O) (transit oriented development - mixed use, optional)
Proposed Zoning: TOD-UC (transit oriented development - urban center)
Staff Recommendation:
Staff recommends approval of this petition.
2019-149 PH-_DONE
City of Charlotte Page 19 Printed on 12/20/2019
City Council Zoning Meeting Zoning Agenda December 16, 2019
City of Charlotte Page 20 Printed on 12/20/2019