[Music] the or it you is mine and I'm [Music] [Music] her on her tail [Music] [Music] with [Music] night ring stain [Music] [Music] the [Music] [Music] [Music] [Music] [Music] for [Music] [Music] h [Music] Amazing Grace amaz aming gra [Music] gra sweet the s that I now found iind I see [Music] gra my [Music] hearts first [Music] [Music] B we already [Music] come gra that [Music] and [Music] asce Amazing Grace amazing graise our [Music] [Music] Lord I [Music] [Music] the [Music] [Music] [Music] good evening everyone we are going to begin our meeting in just a few minutes welcome welcome to the government center welcome welcome to the government center we're going to begin our meeting in just a minute or two um I I happy to see so many faces here in the chamber I will say if you do not have a seat in the chamber and there's some seats here and there but if you do not have a seat in the chamber um you're going to have to move out into the foyer and there are televisions there where you can watch and see everything that's going on okay okay so just make your way out to the foyer if you can if you do not if you have not secured a seat so welcome to Charlotte city council meeting on March 18th my name is Dante Anderson I am the mayor protim and um I will begin the meeting by introductions and we will start with our city clerk Stephanie Kelly city clerk dle as and welcome everyone good evening I am margin Molina I represent East Charlotte District 5 good evening Renee Johnson and I'm honored to represent District 4 good evening Liz Babson assistant city manager for the city of Charlotte good evening Dante Anderson mayor protim and district one rep Malcolm Graham charlot city council District 2 Ed dggs is anybody here from district 7 [Applause] tonight J barardi district [Laughter] 6 good evening I'm Victoria watlington and I have the pleasure of serving you at large Terry hegler graay seni your assistant City attorney excellent so we begin our meeting with an invocation an expression and inspiration followed by the Pledge of Allegiance the invocation by a Charlotte city council member is intended to solize our proceedings we celebrate the religious diversity of our entire Community including those without religious faith and tonight council member Johnson will uh provide us with the invocation thank you mayor proam we can bow our heads dear Lord please grant us the serenity to accept the things we cannot change the courage to walk boldly and boldly to change the things we can and the wisdom to know the difference amen amen amen please rise if you can for our Pledge of Allegiance Pledge of Allegiance pled aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all so tonight is our zoning meeting and I will go through the explanation of the zoning process the zoning process begins with applications submitted to our planning staff for review there are two types of cases here on the agenda this evening we have our decisions and then we have our hearings decisions on cases for which a public hearing has already occurred so there's no further public comment on the decisions this evening for our hearings if anyone wishing to speak is we ask that you come and see the city clerk uh before the beginning of that particular hearing and we will have staff presentations of course for all of our hearings they do not have a time limit the petitioner will have three minutes um combined to present on the case unless there are two different exceptions the first one is if there is opposition that signed up to speak against that petition and then the the second one is if staff is in opposition of the petition then in both those cases the petitioner will get 10 minutes and the opposition will get 10 minutes in Aggregate and then the petitioner will get two minutes for a rebuttal if there is no one that's supposed to speak up to speak against it then staff will just provide a a brief presentation and the public hearing will be closed and we'll move on the petition goes to the zoning committee and Planning Commission for review and recommendation and that particular committee is chaired by Mr Welton and I will pass it over to him so he can introduce that committee Mr Welton thank you mad mayor p and thank you Council my name is Douglas a Welton and I serve as the chairman of the zoning committee of the Planning Commission allow me to introduce the my fellow members of the committee uh will Russell sha an Rick Wier Terry Lansdale Rebecca Wilden and Clayton cely the zoning committee will meet on Tuesday April 2nd at 5:00 pm here at the government center at that meeting the zoning committee will meet to discuss and make recommendations on the petitions that have a public hearing here tonight the public is welcomed to attend that meeting but please note it is not a continuation of the public hearing that is happening here tonight prior to that meeting you are welcome to contact us and provide input you can find contact information and information about each petition on the city's website at Charlotte planning.org thank you Madame mayor protim thank you Mr Wilton so as we begin I understand that we have some deferrals or and withdrawals from tonight's um meeting so Mr petton would you like to speak to the those yes thank you mayor proam uh we've got several decisions that have requested a deferral as well as some hearings we'll start with decisions I'll read those off in order for us so item 24 petition 2020 2020-7 one item 25 2022269928 petition 20 23-9 and item 29 uh petition 20 23-1 159 all of those are decisions requesting a deferral to our April 15th meeting and then we have two hearings that are requesting a deferral at this time item 35 uh which is 2023336262 by the paces Foundation uh both hearings requesting deferral to April 15th as well that that's all we have thank you Mr peton so as we begin with our decision we will begin with a consent agenda to approve motion and approval on those I'm sorry yes can we do I have a motion to approve the withdrawals from the decisions and the hearings I have a a motion and a second all in favor raise hands any opposed okay that is unanimous so as we move on to um the consent agenda uh we have a consent agenda that has to to meet a certain set of criteria each P petition that's a part of the consent agenda let me read to you what that criteria is there has been no public opposition to the to the petition at the hearing the zoning committee has recommended approval and there are no changes after the zoning committee's recommendation and staff recommends approval tonight we have uh I numbers 3 through 23 that may be considered in one motion except for those that would be pulled by a council member are there any consent items that Council would like to pull for question comment or a separate vote Miss Mayfield thank you for separate vote I would like to pull item number five 11 21 and 19 okay Miss wat lingon 9 10 13 and four okay this brown number six 36 just a moment 36 decision six six six six okay number six any others to approve whatever's left so uh may I have a motion to approve the following petitions and adopt the zoning committee's statement of consistency for each of these petitions as they appear in our agenda as the council's own and I will need to go through and read each petition number petition 022 D 029 petition number 2023 034 2023 047 2023 134 2023 42 2023 143 2023 146 2023 147 2023 148 2023 153 2023 161 and 20231 162 to prove and adopt second I have a motion in second all in favor raise hands any oppose that is unanimous okay we will walk through the on that have been pulled so let's go to petition number four petition number 2022 107 by Park memo LLC get to that in my book what up in here um approximately located on one acre on the souths side of Parkwood Avenue East of Hawthorne Lane North of belver Avenue and west of the plaza and district one my district the current zoning is in 1C proposed zoning is -2 do I have a motion to approve and adopt so move so move I have a motion in a second do I have a a a comment on this particular one Miss Mayfield Mr Pon question it was noted by committee uh question regarding the dumpsters on this I believe we spoke earlier on the map the dumpsters are located towards the front is that the has it been identified that that is the designated location for the dump dumpsters or is there a opportunity where that's going to be moved so yeah they've got them set up just you can see on the pointer there where those two squares are that would be the potential dumpster location uh that would be if they chose to do a dumpster that could be the location they could also move that in permitting if there's a better spot for it uh they may also do a private collection through uh third party where they would have rollouts but it just wouldn't be collected by the city which is probably the likely route um but the dumpsters are proposed to be there but they can move in permitting if there's another location that's better for them so what we're approving and what's in front of us is this particular submitt but you're saying through permitting if we were to move forward with this then they can make changes and decide to move either location or decide to go with private and that doesn't have to be designated on the front end yeah they would if they'd have to make a request to move the the potential location and we would have to evaluate it make sure that it doesn't create any additional impact than where it already is located so if it's closer to an existing residence that probably wouldn't be something we'd be comfortable with but if they moved it to you know the back end of this driveway that may be something we would consider but there's a process where they'd have to request that be changed and we would look at it review it and decide if it was something we could do administratively or if it' have to go through another resoning to get that approved thank you any other comments okay we have a motion and a second all in favor of approving this petition raise hand hands any [Music] opposition to opposition did you catch that watlington we move on to agenda item number five petition number 20224 by real estate properties holding LLC approximately 6.5 Acres located on the Southeast intersection of sledge road and shopton road west west of Steel Creek Road in the etj closest to uh closest to District number three Miss Brown's district and also closest to commissioner leaks uh district for the county commissioner District number two the current zoning is in one a proposed zoning is in 1 D do I have a motion to adopt and approve so move second thank you I have a motion in a second do I have any comments on this one no yes the one you pulled it yes M mayf Mr penon just for clarification it was noted in here in the language site plan Amendment but I'm going to follow the lead on the district rep but this is a conventional with no site plan attached so I was just trying to get clarification on the language so this one's just a conventional n1d so there's no site plan uh the next item six has a site plan Amendment uh but item five is a conventional n1a to n1d uh petition it started off conditional they converted to a conventional U so there's no site plan or site plan Amendment on this one so and we had this conversation earlier just for point of fact and for the minutes I have concerns cuz we have a number of these that were approved earlier that are conventional with no Associated site plan which means Community doesn't know exactly what is going to be built in their approximate area I also ask for staff as we we made the changes through the Udo and the language going from n1a to n1d to give a listing of what is developable under these new designations to at least get an idea of what it potentially can be because we're also receiving quite a few amendments on petitions that were approved years ago where they're making changes to what was initially shared with the community as far as the site plan thank you Miss watlington I just want to make sure um I'm looking at the transportation summary and it talks about a site plan to uh include the commitments related to Transportation was that something that has since changed or is that a future it may be a carryover from from when it was additionally it started out like I said as a ur2 a legacy District conditional U the outcome for development they felt they could get a similar outcome just doing the conventional n1d uh and that may be just a hold over from that initial analysis of the the site plan that was submitted sometime guess was let's see U January of of 23 and we believe that what's allowed in the conventional or what's required under the policy that these these shared use pass and uh the left turn lanes are going to be included so they would have to meet whatever the requirements are for the street maps for that location I don't know off the top of my head what that streetcape would require for sledg Road or shopton uh we can certainly try to get that answered for you while we're standing here uh but they would have to make sidewalk and and streetscape improvements um it just depends I'm not sure like I said at the top of my head what the width of those sidewalks would be uh but they would have to do all that even by right they may also have to do some additional analysis Transportation wise just depending on um what they submit uh as a bught plan that they may not have even gotten captured during the rezoning process so uh the buite actually may get them into some Transportation analysis like I said that wasn't wouldn't have been required under that conditional okay thank you any additional comment okay I have a motion in the second all in favor of the motion raise hands any opposed that is unanimous we move on to agenda item number six petition number 2022 210 by RR pvi SBP Charlotte LP the location is approximately 45.6 7 Acres located on the west side of South trien north side of Clanton Road and East side of I77 in District 3 Miss Browns District the current zoning is ml1 CG B2 CD and mud o the proposed zoning is mud o mud OA and with five years vesting rights do I have a motion to adopt and approve so move second second I have a motion in a second any comments on this one right here Miss Brown yes thank you so much Madam mayor proam I really appreciate that I've been working with um this project it was very near and dear to me and I spoke diligently with a numerous of people and tried to reach Community as they did and unsuccessful in doing so and so they sent me all of their notes all of their documents on community meetings the engagements their efforts and trying to get with Community to see what their in input would be this is 45 Point give me one [Applause] second thank you 45.6 7 Acres and I was concerned about that and so they have been very Cooperative I went down to the site to look at it and so so moved to adopt thank you Miss Brown I just wanted to put on the record that I did speak with them got extensive Community engagement and contacts and I even reached out to community that did not reach back to me as well I'm responsive so I'm moving forward thank you Miss Brown I I will say that I was engaged in this one as well and uh this is such a robust petition that they'll have to come back for additional um aspects of this one and I I'm hopeful that the community will be engaged when that occurs we're very willing to do that we've had that discussion as well yes we've talked about that because it's so extensive it's a large amount and they're willing to do that as well thank you any additional comment all right I have a a a motion in a second all in favor of of approving the motion raise hands any in opposition Miss Mayfield's in opposition we move on to agenda item number nine petition number 2023 1111 by tun jatani the location is approximately 1.88 Acres located along the north side of Henderson Circle West of old States full Road and south of Ratcliffe Lane in District 2 Mr Grahams District District the current zoning is MHP the proposed zoning is n1c do I have a motion to adopt and approve this the zoning committee's statement of consistency as it appears in our agenda some second I have a motion in the second any comment on this particular petition Miss watlington yep I just wanted to comment on this particular one because it is similar in a lot of ways to some of the ones that um give me pause as we move through these parcel by parcel rezonings when I see something that will be um significantly different than what is surrounding it I'm always um interested to know how does that impact the overall plan so not a huge fan of these because it is an n1c I would expect that it's going to um maintain some level of um similar ity to the rest of the area if this was something else I would probably not support it um but I do just want to highlight again my concern with seeing more and more of these spot res zonings if you will I would love to see a little bit more clarity around What's um allowable as Miss mayfeld said but also I'd like to see a bit more of a zoom out on these to understand how these one by one changes might impact the intended uh or the intent on the policy map thank you any addition Miss asmir thank you I just want to highlight that this petition is consistent with the 2040 policy M policy Maps I'll be supporting it and I ask my colleagues to support it thank you thank you any additional comment okay we have a motion in second all in favor of the motion rais hands any opposed that is unanimous we move on to agenda item item number 10 petition number 20231 125 by Clay Robinson the location is approximately 8.35 Acres located along the west side of Statesville Avenue and the south side of Tipton drive and district one my district the current zoning is ml1 and n2b the proposed zoning is [Applause] IMU do I have a motion to approve adopt and approve the zoning committee statement of consistency as it appears in our agenda I have a motion in a second any comments on item 10 Miss watlington I just wanted to quickly uh ask staff to just speak a little bit to what Innovation Innovative mixed use is as a district just folks what to expect yeah the intent of IMU is really intended to accommodate areas that have uh been traditionally industrial or had some sort of non residential use uh maybe now transitioning to some things that are more kind to like light industrial Artis industrial some commercial uh indoor Recreation uh some residential uses commercial uses so the IMU district is essentially function as a a mixed use District that allows some of those areas to transition from older existing uses to something that's a little more conducive to creating a mixed use environment um little bit better pedestrian uh interface so some different standards for uh for that but overall it's it's really a a transitional type of District where we see uh particular places uh like I said that has some existing uses that maybe pass their lifespan but somebody wants to reuse the building uh to do something different and that's where the IMU district is a tool that we've got now in the Udo to try to accommodate that thank you any additional comments all right I have a motion and a second all in favor to uh approve the motion raise hands any in opposition okay that is unanimous we move on to item number 11 petition number 20231 131 by Wing yangang y the location is approximately 764 Acres located along the east side of South Boulevard North of East Woodline and west of connecting Road in District One my district the current zoning is ml2 proposed zoning is to NC the zoning committee voted 6 to0 to approve this petition do I have a motion to approve and adopt the zoning committee's statement of consistency as it appears in our agenda so moved second I have a motion and a second any comments on item number 11 Miss Mayfield thank you so for transparency sake I have concerns very similar to my colleague with the spot resoning directly across the street for to this is a manufacturing and logistic area all on that side so the challenge is it for me is it seems that staff is directing how the development is going to go not necessarily individual staff but with our po language we have very little manufacturing and logistical areas throughout the city with all of the development that we're seeing to jump across to create to in this sliver and again with having a conventional resoning with no Associated site plan not really having an idea if this is going to be a restaurant if it's going to be housing and for either putting it right in the middle of manufacturing could be a challenge it could be a challenge moving forward with receiving calls of concern regarding noise and potentially environmental impacts I am not going to be supporting this one I know to pretty much has a blanket which most conventional resoning do have a blanket to just move forward but I have concern without having a full picture of a plan while there is still active businesses not having complete conversations to know definitely that these businesses are looking to wind down our approval opens the door for potential moving out businesses to try to create this to space jumping from one side of South Boulevard over to the other thank you any additional comment okay we have a motion and a second all in favor of to approve the motion raise hands any oppose there's two opposed we move on to agenda item number 13 petition number 20231 138 by sanova Partners LLC the location is approximately 28 Acres located along the north side of Ros fairy Road and the southwest side of West Trade Street West of batty Ford Road in District 2 Mr Grahams District the current zoning is in C proposed zoning is tocc the zoning committee voted 602 recommend this petition is there a motion to approve and adopt the uh zoning committee's statement of consistency as it appears in our agenda so move second I have a motion in second any comment on all right Miss watlington yep I just wanted to make sure that I understood um from a community standpoint I know that there is a good bit of businesses here some of which have um gotten support from the city in various ways and so I just wanted to understand what was the the overall thinking if you will um as far as it relates to these uh existing businesses Mr GM I don't know it's important to me to understand based on what's here that there has been some discussion with the community and they are um they are amable to this cuz it just says I'm looking at the picture where it's got like Jets Pizza and various businesses that talks about this actually being on the site so I just want to make sure I understood if this is part of the overall plan for Ros fairy and how that how to frame that yeah um thank you M wton for the question um based on my uh recollection and terms of talking to members number of community members as and as well as the Business Leaders that's around the fiveo quarters no one really had any heartburn at all in terms of supporting this petition thanks I will also add that during our hearing uh last month Miss Ward spoke to the level of her um interaction with community and they were supportive of this particular petition any other comments yes and I think this aligns with our overall goals for moderate density um so I think this is a good land use uh that we have in front of us thank you we have a motion in a second all in in a favor of the motion raise hands any in opposition that is unanimous we move on to agenda item number 19 petition number 20231 149 by Dickerson realy Florida Inc located approximately on 0 2 Acres located on the south side of West Carson Boulevard and west of South Graham North of West Palmer Street and District three Mr Brown's District current zoning is ml2 proposed zoning is to you see zoning committee voted 60 in approval of this petition do I have a motion to approve the petition and adopt the zonings uh committee's statement of consistency as it appears in our agenda so move second I have a motion in a second any comment on number 19 Miss Mayfield thank you I am supporting the district rep on this but I am going to repeat that I have a challenge with the number of conv itional resoning that we are getting yes this is under to but these petitions coming in with no Associated site plan is going to cause us a challenge and has already caused some challenges in neighborhoods throughout the city any additional comment Miss Brown thank you so much uh council member Mayfield I'd like to address you and Dr Waton um on the petitions there's a lot of opposition on the positions when staffen is supporting the zone in the Committees and so you guys being my predecessors you never bring it to my attention until we get out on the DI and I don't like that and so I think that if there is an issue I'm speaking if there's an issue I would like to discuss it as my seniors in this position instead of coming to the diets and shooting down everything that's not the way we do business and we shouldn't handle each other like that so that's my opinion thank you Miss Brown let me just say that I want to make sure this is a land use discussion this is a land use meeting we need to keep our discussion connected to land use and the petitions that we have in front of us this evening well add land use on the end of my sentence thank you Miss Brown Miss watlington do you have a land use comment I've got a land use comment regardless of where I sit or who I represent from a constituency standpoint if I have an issue I'm going to say on the DI every time and I'm not asking anybody's permission to sitting around his D to say so L use thank you thank you thank you all thank you all thank you Dr Waton thank you Miss Brown we let's move on to uh the voting on this we have a motion and a second on this petition all in favor of this petition please raise hands any opposition okay that is unanimous we're going to move on to petition uh agenda item number 21 petition number 20231 158 by canell properties the location is 99 Acres located on the Southwest intersection of Tucka Road and J Street East of thrift Road in District 2 Mr Grahams District the current zoning is ml2 the proposed zoning is IMU the uh zoning committee has voted 60 and approval of this petition do I have a motion to approve and adopt the zoning committee's statement of consistency as it appears in our agenda move to approve I have a motion in a second any comment on number 21 this was pulled from the consent agenda does someone have a comment thank youf Mr Patton still the same comment just for consistency sake regarding conventional resoning with no Associated site Pan and the potential impact that that's going to have on the city okay thank you any other comments all right Miss Johnson I I I want to ask a question as a followup to council member Mayfield this is the nature of the the Udo right I mean would would you say can you just explain that um because we're going that was the reason that those of us who were opposed to the ud were opposed because of this situation so can you just explain that how why we're approving that and and and the goal if it's my understanding is to see more of these on the consent agenda is that correct uh I mean conventional petitions I think are something we will probably continue to see more of we did uh put a lot of conditions and a lot of things that we learned over years of time of doing conditional rezonings into the Udo for development standards so things like height transitions uh you know required buffers step backs things like that that we would typically condition this particular area for context we did a lot of uh mud optional rezonings and essentially that mud optional was really to keep the existing buildings in place provide some optional Provisions to allow the Adaptive reuse of those buildings but on top of all that it would also allow all uses under mud so if those buildings get torn down uh over time they could get built back under mud standards for residential retail so rather than going through you know the conditional process for a lot of these and do all these under mudo the IMU District allows uh a lot of those buildings that are adaptive reuse buildings to be maintained on site and then longterm if they want to transition to uh New Uses where they tear the site into know the building down and redevelop uh they've got the same flexibility they would under uh mud optional so essentially we really learned that we were doing optional Provisions just to maintain the existing structure and to deal with some parking uh whereas now the IMU District allows us to do some of that just conventionally and gives the same flexibility so it's I wouldn't say that IMU from Muto is a direct uh disassociation I think there is some correlation between the two I think longterm we're going to continue to see conventional petitions I think we will probably continue to see that Trend I will Advocate the one thing that we've uh put into the Udo as well as the community meetings for conventional petitions which uh do require folks to still talk to the community regardless of what they're proposing uh and we've seen some we've got one this evening that's a great example of those Community conversations sometimes lead to conditions uh so we start at the foundation of consistency with the policy map if it is we try to go down a conventional path uh Community conversations occur that may transition to a conditional need but you know I think we will continue to see a little bit of a a transition to see more conventional I don't think we'll stop seeing conditional at all but I think we will start to see uh a better balance of conventional and conditional versus when it was really conditional heavy over the last you know 10 15 years so that I would say that's probably a trend we'll continue to see okay so although that Community meetings will be required the specific or the specificity as far as site plans and all of that will not be right so if they go to the community meeting they could say we are thinking about doing XY and Z but they also have the option to do a b and c you know whatever is allowed under the ordinance so uh there there is those conversations but it does then prompt the community to think about uh you know use restrictions or things that they may not like to see on the site and they can say we'd like you to provide those as site conditions and you know sometimes the petitioner will say we can do that that's not a problem and like I said we've got one of those examples this evening in council member Grahams District where both parties work together really well and uh got to a point where even the community sent an email this afternoon saying we'll be there tonight in full support so I think there's that's why we we knew that going into this we may see more conventionals that's why the importance of the community meeting up front is there uh and we'll continue to just use that as a tool to see if there's things that need to be addressed from the community standpoint which I think is a a good direction for us to go in uh and it still keeps the community informed and gives them uh an opportunity to have say on things that they may not have had any notice on at all other than just a quick letter two weeks before hearing okay thank you thank you Mr Driggs I just want want to say I agree with Miss Johnson let's be very plain okay it was the intention of the Udo to go to more conventional I objected to it at the time because it removes Council further from the decisions or knowing exactly what's going to happen and the community uh but that's what was adopted and it was a modern idiom in terms of land use decisions that you have a standardized set of rules that allows things to proceed uh without the site plan so it it was what we intended uh I didn't like it then and I don't like now thank you thank you any additional comments okay we have a motion and a second on the table all in favor of the motion please raise hands any in opposition that is unanimous so we have completed the consent agenda and all of the pull outs from the consent agenda we will now move on to our decisions for the evening we begin with agenda item number 30 petition number 2021 85 by Raven Property Group LLC the location is approximately 5.86 Acres located on the east side of China Grove Church Road South of Westinghouse Boulevard and north of blue Railway in District 3 Miss Browns District the current zoning is ml1 ml2 and n1b the proposed zoning is I I2 CD the zoning committee voted 52 to re to recommend denial of this petition and staff a recommends approval of this petition uh upon resolution of outstanding issues related to site and building design Mr petton would you like to proceed with the presentation uh sure no significant presentation from us that like said the zoning committee was um not supportive of this petition staff was asking for some additional uh buffering against the uh Church use to the South uh in in mainly to anticipate some potential transition long term for that site to potentially be redeveloped just wanted to ensure that there's adequate buffering U between the existing use and what could potentially be a residential use next door if the church does eventually U transition to a different uh you know different use long term uh zoning committee was supportive of that request they reflected that in their recommendation our request is still outstanding it's my U understanding the petitioner has not been able to accommodate that uh due to some additional constraints from the neighboring property uh but we still feel that that's an important component so that's why it's still an outstanding issue for us that hasn't been rescinded uh but council is free to vote on this um and either disregard the outstanding petition if you do vote in the a favorable recommendation uh or in a favorable way you would have to then use staff's uh recommendation as your statement of consistency versus zoning committees uh we don't have a sign any issue with the project itself our issue is just with that uh additional request for some buffering and screening just to the South thank you so is there a motion to approve hang on Miss Brown hang on let me let me get the motion is is there a motion to approve and and adopt the staff's um statement of consistency as it appears in our agenda do I have a motion to approve and adopt yes second second I have a motion in a second Miss Brown I have comment yes so I've been working with them on on on this petition and I went out to the site and they they had fixed some of the concerns that staff had in the beginning and so to me as a district rep or closest to the zoning position to go out and meet with to meet with them in regards to their concerns they have already responded to saf they fix some of the concerns they're asking for an additional buffer which is going to interfere with the business which is the people that I went to go see they own their business in the parking lot the buffer that they want is going to extend over into their business so it would be unfair to me to deny this because of them asking for an additional buffer they ask for one they did it for them they asked for a second one they would have to go and acquire more property from the church buy that property from the church if it's approved the church might do that may not do that for them so I'm going to move forward with supporting them with what they have done thank you Miss asmir did you have a comment yes thank you council member Anderson so I agree with council member Brown's Point here she she's making a good point uh I read zoning committee's deliberations I um read the discussions that you all had uh you are all bringing up valid concerns uh but let's keep in mind that as City grows at such a fast pace there is a need for truck parking space um and I'll be supporting this uh based on District rep's recommendations uh as well as the need for more truck parking space uh we have seen district council member Johnson Graham bringing up various concerns around truck parking issues in their districts um so I think this really helps us alleviate a larger problem that we have in our community so you know I inclined to support this and I I'll support it thank you thank you Miss ashir Miss Brown did you have a follow yes I do I want to follow up thank you so much uh council member AZ your in addition to that when you go go and you look at the spot where they Mark you can see it right here the site is been marked where the red start surrounded by mixed industrial and single family attached that's the area that I actually went out to and looked at and so it would be to me unfair again as I stated to ask them to do that and there's no guarantees that they're going to be able to buy and acquire more property when they've already went out and purchased some property from the site location so to ask them to go out and purchase additional property I don't think that's NE NE to do it not disregarding what staff is saying they have very valid points but at the same time I've been working one-on-one with them and I think I'm going to move forward with supporting them as the district ra thank you Miss Brown we have a motion and a second on the on the table um all in favor and approval of that motion raise hands any in opposition that is unanimous we move on to agenda item number 31 petition number 2022 079 by well papis corporate parcel owner LLC the location is approximately 2.23 Acres located on a Southwest intersection of pearl Parkway and Kennelworth Avenue East of Harding Place in District One my district the current zoning is ofc and NC the proposed zoning is mud o the zoning committee voted 60 to recommend approval of this petition and and staff recommends approval of this petition this particular petition did have some changes since the hearing and Mr petton would you like to review those changes sure um this petition made a few changes after the zoning committee uh they did reduce the residential unit count from 450 to 425 uh they did modify the site plan to identify a third Development Area along Pearl Parkway that would have a building Max or Max Building height of 160 ft uh they also added the following note to the plan uh that the petitioner would commit to provide 10 attainable housing units for rent on the site Andor the ex existing uh soulless Midtown apartment community which is adjacent to the site uh five of those units would be set aside for households earning 60% uh or less of the area median income and will be located in soless Midtown which is uh the apartment community just next door um these units would be available after receiving approval of this petition and before the start of construction on the site or within two years of the resoning approval whichever comes first uh then they stated that the remaining five units will be reserved for households earning 80% or less Ami uh and they would be located uh possibly in soless Midtown or on the site being developed under this petition uh and they would be released or excuse me leased prior to the final certificate of occupancy for residential units in phase four of the subject site uh all 10 units would be restricted for a period of 20 years uh so those are the changes staff believe that uh they minor they were predicated from conversations with the community uh do not warrant any additional review by the zoning committee take any questions second second I have a motion to not send back to the zoning committee in a second all in favor raise hands I I wanted to make a comment comment would you like yes to not send back on send back to send back on the actual motion the actual motion yeah so we'll hang on to this and do you have a comment Miss Mayfield on not to send ra my hands not send back favor to not send back any oppose okay that is unanimous now do I have a motion to adopt and approve the zoning commit Comm thank you I have a motion and a second um any comments Miss Mayfield thank you first I would like to extend my condolences to the papis family Unfortunately they have had a number of deaths in the family and travel I also want to thank Mr Papers we were able to connect and have a conversation one of the questions that recently came to me at my town hall meeting is regarding our developments and bus stops some of our bus stops have coverings some have seatings it's not necessarily consistent some just have the sign so we he was able to send me a little map to give a idea of just in the immediate area as we're doing new developments and we're working to get bus stops having some consistency to have not only seating and a shelter against the elements and identifying the number of covered bus stops that we have which is a greater number than the ones that we have uncovered in the area and also to recognize that identifying the workforce housing units helps us to get a little step closer to our goal thank you thank you Miss Mayfield I I would like to add that uh Mr papis has worked with the community uh since the hearing and he heard them loud and clear at the hearing and has worked and gone back and forth with the community so we have in this case a tremendous example of a developer who was not only dedicating funds to the Housing Trust Fund which will allow additional affordable housing units to come online um but has also worked with the community to address height issues to address uh affordable units on the site and his adjacent properties that he owned for Workforce housing for 60% Ami and 80% Ami um and the community is in support of this particular motion and I I I want to just commend Mr papis for um staying at the table and working with the community listening to the community um and we are in a really great place and the community does support both communities the DCA the Cherry Community does support this there was just one outstanding question from the Cherry Community which was about allocation of the donation to the housing fund and um having that allocation invested in a particular site uh but as our policy we don't do that we have a land policy that ch criteria that we utilize the Housing Trust Fund dollars for uh so they can rest assured that those affordable units will go online in the the overall community so I I I'd like to thank Mr papis for working and thank you for the desired outcome of the community Miss Johnson thank you mayor protim I'd also like to extend my condolences to the papis family and thank you for the concessions thank you for uh this example of collaborative approach and development and also I want to thank the residents who came out and spoke um last month and and set their expectations and ask Council for accountability and for advocacy so um I I I want to thank the residents Reverend Garner Mullins and the other ones that came out and also Peter papis this was an example of how we should work I think in in moving forward in a growing city so thank you you thank you thank you Miss azmir thank you I agree with remarks that's been made by my colleagues council member Johnson Anderson and Mayfield uh this is a great example of collaboration where community and develop developers work togethers so it's a win-win where we have been able to deliver on affordable housing environment sustainability especially lead certification mwsb commitment um and thanks to Cherry Community for working really hard uh with Mr Papas and his team and um pushing our community forward and I hope we can um see that in uh as we see other rezonings come in front of us that continued collaboration so that council is not putting a situation to pick aide uh it should always be very it's a win-win for both parties thank you thank you Miss BR yes thank you um mayor protim Mr papis I want to say condolences to you and your family and definitely you are a genuine authentic um example of how we should move forward and how we should move in our community uh the people that came out you listen to them you spoke they spoke and it was a great collaboration and I'm happy to support you so thank you so much thank you we have a motion and the second on the table all in favor of the motion raise hands any oppose that is unanimous condolence to the papis family we'll move on to agenda item number 32 petition number 2023 018 by NVR Inc the location is approximately 14.2 Acres located on the north side of Ridge Road East of Odell School Road and West of Morehead Road in the etj closest to uh District 4 Miss Johnson district and for district three and the board of County Commissioners Mr dl's District the current zoning is n1a proposed zoning is R17 mfcd the zoning committee vote at 6 to recommend approval of the petition and staff recommends the the approval of this petition do I have a motion in the second to adopt and approve the zoning state of consistency as it is in our agenda motion to adopt in I have a motion in a second any comment all in favor raise hands any oppose that is unanimous we move on to number 33 petition item number 2023 095 by men in motion home renovation LLC the location is approximately 1.98 Acres located on a dead in of pway Drive West of North Graham Street in District One my district the current zoning is n1a proposed zoning is n1e CD the zoning committee voted 70 to Recon recommend approval and staff uh recommends approval of this petition do I have a motion to adopt and approve the zoning committee's statement I have a motion and a second any comment I Miss Mayfield I just want to highlight those that were in attendance for the hearing and the residents that have reached out to us and emailed that they still have concerns and are in opposition of this particular project yes um so I I also wanted to say during the hearing we heard opposition from Neighbors I actually went out and uh walked the site with the neighbors there was a particular question around um having easements for Charlotte water and storm water and that was a dear concern to the residents and uh that has been addressed uh very clearly from the petitioner I will say that there is still some consternation from uh some of the neighborhood incredibly intense but it is in increased density relative to what they've seen um there is there this is allowed and uh the zoning committee went and and looked at this really well and approved this uh unanimously and so did staff and so um I thank my colleagues for um for helping me to get this push back at the last meeting to make sure that we address the needs around easement so thank you for that any additional comment all right I have a a motion on the floor in a second all in favor of the motion raise hands any in opposition that you in opposition yes m Miss Johnson's in opposition we move on to uh agenda item number 34 petition number 2023 178 by Crossland SC communities the location approximately 2.96 Acres located south of awood Road East of Microsoft way and north of Hansen Road and District three Miss Brown's District the current zoning is ofc and the proposed zoning is RC cdex the the zoning committee voted 60 to recommend approval of this petition and staff recommends approval of this petition as well this particular petition did have some changes since the hearing so Mr petton would you like to review those changes sure uh 2023 178 um is adding some of following notes to the conditional plan after the zoning committee's recommendation uh two notes State the first the petitioner shall use the diligent goodfaith effort to obtain applicable low-income tax credits during the applicable application period over one year after the approval of this resoning uh in the event that after the exercise of those efforts a petitioner is not able to obtain those low income tax credits or other required funding uh the site may be developed without regard to the affordable housing commitment so essentially if they don't get those tax credits and that about a year period after uh they make that attempt they could just go to a market rate uh project and then the second note that they added was that the petitioner would provide uh following mitigation options to comply with points required by the comprehensive Transportation review or CTR uh and those are all loading and solid waste pickup will be located within the site uh Missing or deficient sidewalks will be constructed along the sight's frontage and provide a covered bus stop along the sight's frontage across from Arrowwood Road uh just a quick point of context on the first note that's not an uncommon note that we see on some of these types of projects uh that funding cycle sometimes is competitive uh and they don't have a long time to wait to move forward if the project doesn't get some of those tax credits uh to do an affordable project so we have seen that note in the past on these types of petitions uh so I just wanted to point out that that's not an uncommon thing uh that we do include on these just to give them some options uh should they not get those credits they don't have to then come back forward for rezoning just to remove that note so just wanted to point out that's why that's uh on on the paper now so I don't believe that that warrants review by by zoning committee uh and weon be happy to take any questions do I have a motion not to send back to zoning committee moved I have a a motion in a second all in favor raise hands any opposed okay do I have a motion to approve and adopt the zoning committee statement of consistency as it appears in our agenda so move second I have a motion and a second any comment Miss Mayfield Mr Patton just for clarification what is considered a stack development how is how is that different than just a multif family a multif family stack does that that what you're asking well no the language that we had with the petition is that this is a I was just wondering why we use the language stack versus identifying it as a multif family so there is a a little bit of a difference I'm trying to look up the the definitions it's essentially multif family it's just the the form of the the building is uh more of a stack building than maybe your typical kind of garden style type multif family uh but it's just a a different term that we've got in the Udo uh just to better Define some differences between uh building form for a multif family project okay I was just wanting clarification on that okay we have a motion in the second on on the floor all in favor raise hands any opposed that is is unanimous that concludes our decisions for the evening we will transition on to our hearings and we will Pro proceed with agenda item number 37 petition number 20237 174 by Charlotte planning design and development text Amendment the purpose of this amend text amendment is to update the campus zoning districts to one restructure the use Matrix of these districts adding specific uses for ofc i1 ic2 and secondly to modify the prescribed conditions for certain uses allowed in the campus zoning districts and thirdly create a new general office OG zoning District staff recommends approval of this petition Mr Pon do you have a presentation on this one yes thank you mayor per time uh so we'll go into uh talk about campus zoning districts and campus Place types for this text Amendment uh just to get started uh we have four General districts uh currently in the Udo that are supportive of the campus Place type so again Place types are kind of the overarching policy we have zoning districts that then facilitate the goals of those Place types so in those uh campus Place types you've got ic1 ic2 ofc and RC so those are our institutional districts our office Flex campus and our research campus uh so which kind of uses are allowed in those campus zoning districts uh and what campus uses concerns will this text Amendment address so when we rolled out the Udo and we had this approach of campuses and campus Place types and those zoning districts that accommodate those uh there was some general confusion just over the approach to permitted uses in those districts uh the use Matrix didn't really list them individually uh so let's say in the ofc district you may not see office as a permitted use but certainly an office campus is is permitted uh so we we realize that that maybe wasn't the you know an approach that everybody was able to to quickly grasp and and get their arms around uh and also we realized that there were concentrations of office uses that aren't really part of uh a campus uh but are mapped as a campus Place type which would suggest the need for us to kind of have a new uh a new office District so uh when we talk about the uses in those districts uh and what we'll address here will amend the use Matrix uh which would show the individual uses are permitted in those campus districts it would also add some prescribed conditions to stipulate uh when certain uses have to be actually related to the overall campus as a whole so if you've got somewhere that may be a restaurant in in some of those Place types or in those campus districts it may have to be something that is tied to the overall campus use like an educational facility or a hospital uh so this Tex Amendment will go in and make some amendments to you know really clean up that use table and and better Define and show uh which uses are permitted in which districts uh and get again some of those prescribed conditions So currently the campus use approach uh looks like this on our u in chapter 15 of the Udo uh again it lists each of the campus types as a district use so you can see we've got educational campus government campus religious campus Etc uh and then the specific individual uses allowed in those campus uses like office retail or restaurant are really found in the use definitions in the campus type in Article 15 so you'd have to scroll down P that use table read the definition of what's in a medical campus and you might see things like office or retail or restaurant so you know again going through that the user experience wasn't very uh it wasn't very user friendly for us to to keep it that way so that's one of the reasons we've got this amendment in front of you this evening uh you can just kind of see uh on the left you've got the current use Matrix which is just a partial example of this uh but you can see in those ic1 ic2 and ofc districts there's really no X's or PCS there which indicates when uses are allowed by WR or when they're Allowed by prescribed conditions um and you can see on the the rightand side where we've got the proposed use Matrix that's where you can see that we've gone in and we've started to populate some of those uses so you can see okay if I want to do uh an art gallery on a an Institutional campus how would I go about that you'd scroll then down you know okay it's an allowed use what are the conditions that I need to meet in order to get that use established and it would have a definition and and describe what those conditions are rather than trying to parse through it and and go down to understand what's allowed in these larger campus settings this really just better clarifies it and shows us that uh you know we we've got a better uh again breakdown and specificity and where those uses are allowed and what kind of conditions that they're allowed in so when we go to the prescrib condition changes again as I had mentioned certain certain uses are going to have uh a PC in the use table which when you see that it means there are prescribed conditions which are things that are allowed by right but you have to meet certain standards in order for that use to to be allowed in that District so for example a financial institution when located in an Institutional district one or institutional District Two uh the financial institution would be allowed but it had to be related or as a component intended to serve and support that educational campus or that government campus or Medical Campus so it couldn't just be a standalone uh use that just didn't have any correlation back to the overall campus same with let's say like a gas station uh would be intended to serve fueling for fleet vehicles uh and but not include like a retail component where every day folks could drive in and and get gas for their vehicle so we also got into this we realized that we have a a potential need for a new Standalone office to District that also isn't necessarily just correlated to a larger campus overall think about our Standalone medical uses that may be in some areas nearby here on Randolph Road that are part of a campus Place type but they may not be directly related to one of the hospital campuses there they're just a standalone uh medical office or or you know other type of supportive office so creating a new office District uh would help us to better recognize where those Standalone office uses could be established uh and give some uh flexibility to folks that want to establish those types of uses so they don't necessarily have to be correlated back to a hospital campus or an educational campus or religious campus um we really will then have a good Standalone office District uh that could be supportive of or supplemental to those institutional campuses or again they could just be their own uh Standalone office use itself so when we get into the new general office District rather than calling it The Go District we flipped it and and referring to it as the OG District which is office General uh some areas are mapped as campus Place type but again they're predominantly office uses um and they may be appropriate in some office-based areas that are mapped as commercial Place types uh so it gives us some flexibility to to have a general office District uh I believe we have even a request later this evening uh that's an ml District existing they want to go to a commercial District conditional just to put an office down uh this would be a potential District that they could have used used uh that would have been supportive of that campus Place type as well but also allowed them to just have a standalone office use so uh no existing Udo zoning District really works well for these types of Standalone office districts or these uses so again that's why we felt the need to create a new Standalone general office District again referred to as OG uh some of the key development standards uh in the new potential District would be uh predominant uses would be office some limited retail and restaurant no res itial no industrial uses would be permitted in this District uh we would have setbacks typically about 20 to 40 ft from future back a curb according to whatever the street type is that they're located on uh 10ft side yards 20ft rear yards again these setbacks are similar to what we have in the ic1 and ofc districts uh but they would be applied here uh similarly in this new potential uh OG District uh height would be limited to 50 ft you could be able to get up to 880 ft with the bonus structure that we've got in place uh those are things like a ruting to additional open space Community benefits uh using uh lead certification for your buildings uh so again you could get up to potentially 80 but that requires additional bonus uh features also we'd have Bill two zones in this uh which would apply only on a main street and that would be a 0 to 20 foot build two Zone uh Max building length would be 500t 700t with some additional Design Elements uh transparency which is uh how those ground floors are treated and what those ground floor treatments look like uh 40 % on the ground floor 15% transparency on your upper floors uh that's similar to all our other campus districts so pretty consistent that way if we have you know an OG District next to an ic1 or ic2 that's part of a larger campus we'd get similar outcomes uh we would just have a different tool to accommodate maybe a standalone use uh that's either supportive or or unrelated uh to that overall campus parking tier one which would be a minimum parking requirement would have no maximum requirement um a typical minimum requirement for uh would be like one space per 750 ft of gross floor area uh so that's generally the text Amendment again in kind of a nutshell we've got um the need to clean up our use tables uh to better specify when some of those office uses uh that are in campuses are allowed rather than just having to kind of scroll through and and maybe read to try to figure out on your own this makes it a little more clear uh and then also coming up and and proposing a new just Standalone office District which we think would be uh very uh conducive to again supporting some Standalone office uses um and will help us to to better SE some of these visions of a campus overall but allow some individual uses that are are generally supportive of those campuses uh in those OG districts so with that we'll turn it over for questions and discussions uh and take turn it over to you thank you m Mr Pon do we have any questions Miss Johnson thank you mayor protim um thank you Mr Patton are these campus districts specific to educational campuses uh they can be they're you know we've again have a lot of uses that are allowed U I'll go back to this slide so our current campus uses are educational campus government campus so similar to where we're standing tonight uh Medical Campus so think of your atriums and Novant religious campuses your you know churches Social Services uh Continuing Care community so uh some of our senior living facilities would be considered as campuses uh so those were typically the the umbrella approach that we took for that place type so I noticed there were two Community meetings I guess did we meet with the leaders of our our large campuses such as Charlotte and Johnson C Smith and CPCC uh I'm going to look over and see if I can no I don't believe we met with uh individual campus operators we did meet with uh some other members I believe did we meet with UAC on some of these our our ordinance advisory committee uh looked over this but we didn't uh go out and specifically talk to uh you know CP or UNCC uh but we do know that there are we've heard concerns particularly from uh you know some of the campus operat particular some of the hospitals where we see a lot of those office uses like I said along let's think about Randolph Road as you go down you've got a lot of Standalone uh Physical Therapy offices that aren't related necessarily to Novant but need a place um that are generally kind of supportive but they don't really fit in that ic1 or ic2 or even the ofc district uh so having this Standalone District would uh allow them to get into compliance to have a zoning District that allows them to redevelop or expand uh so we did hear some of that from those campus operators early on when uh we had the Udo kind of roll out and uh we've been kind of working through this uh change for a little bit now knowing that we had to kind of clean some of this up so we didn't have any direct uh conversations on this particular text Amendment but it is an issue we've heard from some of those operators for over the last several months the udio has been in effect okay so as the proud University representative I'm wearing my green not just for brain injury awareness but for the 49ers also um so I want to make sure that we connect or there's a meeting with University leaders just to get their feedback on the issue okay thank you no problem thank you any other comment to close the hear second I have a motion to close Hearing in a second all in favor raise hands any opposition that is unique unanimous we will move on to agenda item number 38 petition number 2022 017 by Alton Oliver self Jr located approximately on 1.66 Acres located on the south side of Mount Holly Huntersville Road West of Brookshire Boulevard and east of B Haven Boulevard and District 2 Mr Grahams District the current zoning is n1a proposed zoning is B2 CD L WPA the staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environment we don't have any opposition so after staff's presentation Miss Grant you will be able to um to speak for three minutes thank you all right thank you uh 2022 017 is about 1.66 Acres on Mount Holly Huntersville Road uh just between Bel hav Boulevard and Abington Holly Drive uh it's currently zoned uh n1a and the proposed zoning is for B2 conditional and the adopted Place type on the policy map you can see this is neighborhood one we do have commercial directly adjacent on both sides of Mount Holly's Huntersville as well as the neighborhood 2 there just to the East and some Community Activity Center also out there on kok kolok Drive uh the proposal would be to to uh permit a car wash which would include a 4500 uh square foot structure and accessory uses which are permitted in the B2 zoning District uh would accommodate a class or Class B 27t buffer along the Eastern and Southern Property boundaries uh and then a 20.25 ft Class B buffer along the western property boundary uh also provides a dedication of 50 ft of right away from the center line of Mount Holly Huntersville Road as well as an installation of an 8ft planning strip and 12ft multi-use path along that Frontage also uh we'd have one access point uh via a modified driveway from Mount Holly Huntersville with a minimum 100 foot stem uh and then it would place the building to present a front to Mount Holly Huntersville Road so all the entry points for uh the drive-in component of the car wash itself and the parking and all of that would be uh behind that structure that's running Mount Holly Huntersville U with limit blank wall expanses facing that road to 20 ft and also designed the building to include vertical Bays or articulated architectural features uh as mentioned staff does support the petition upon resolution of outstanding issues just some Transportation items and some environment items to clean up uh while it's inconsistent with the policy map recommendation uh we do see it as a reasonable extension of that commercial Place type uh as we transition over to uh what is neighborhood to and then that Community Activity Center uh so we we didn't have any significant concerns particularly also given the conditional nature of just this particular use being permitted uh and so we are again supportive of the petition upon resolution of those issues and we will turn it over now to the petitioner and answer any questions you may have following their presentation thank you thank you m Grant uh good evening mayor Pro members of council members of the zoning committee my name is Bridget Grant I'm a land use consultant with Moran Van Allen pleased to be here tonight representing Tony self on this petition um as you can tell from the date on this petition we started this in 2022 and as it does sometimes it took us a little time to work out the details Dave did a great job describing the site its consistency with the surrounding land uses this could goes out a little bit further showing you how close it is to all that existing commercial Place type zoning so we are happy to answer any questions we're pleased to have no speakers in opposition and staff support thank you thank you long to close second I have a motion and second to close public hearing all in favor raise hands that is unanimous we move on to agenda item number 39 petition number 20221 121 by RK Investments charl at LLC the location is approximately 53.7 Acres located on the east side of elm Lane and west side of Ray Road South of Bevington place in district 7 Mr Driggs District the current zoning is n1a proposed zoning is ur2 with 5year vested rights staff does not recommend approval of this petition in its current form we have several people to sign up to speak for and against so after staff's presentation Mr Carmichael uh Mr Langston and G and Brace will have 10 minutes uh to speak in the affirmative and then we'll have those against Mr Daniel pson Garland green um Miss Lisa risel jacqu whitnell Claire Rosser and Randle poor will have 10 minutes in aggregate to speak against and the petition will have two minutes for a rebuttal thank you I just waiting for our presentation to come up on screen all right all right thank you mayor Pro uh petition 2022 1221 uh it's approximately 53.7 Acres located on the east side of elm l west of Ray Road South of Bevington Place uh the existing zoning is neighborhood 1A proposed zoning is for ur2 conditional uh with 5 years vested rights uh and the adopted Place type on the policy map does recommend neighborhood one you can see we have some commercial at the intersection there of Bevington and Ray as well as some neighborhood 2 on either side of that and some parks and preserves which represents some of the uh Holdings for where uh The Greenway trails are uh in that general area uh so the proposal uh for this petition uh would split the project into three development areas you've got a B and C uh you can see those kind of outlined as best as we could on the map there in front of you uh overall the project is proposing a total of 640 dwelling units uh up to 500 of those would be multif family uh a potentially age restricted multif family dwelling units uh Continuing Care retirement which is either independent or dependent uh or a combination thereof uh so that's again the overall kind of uh up to multif family units that could be developed on the site so when we break this down into three development areas you've got Development Area a and in that Development Area they're proposing 300 total uh multif family dwelling units which again would be either age restricted multif family uh continuing cont Continuing Care retirement community uh comprised of independent and dependent living units uh then we move to area B uh that would allow for multif family dwelling units or age restricted multif family dwelling units and a minimum of 49 single family attached dwellings that does allow some conversion rights to transfer some units from development areas into this one so you can see that there that's excuse me one of the aspects of this project um where we do have and and projects of this nature we do see conversion rights quite a bit uh between development areas so moving into Development Area C uh that one's up to 91 single family attached and detached dwelling units uh so a minimum of 15 of those 91 units would be single family detached homes uh maximum Building height for uh the single family detached and the town home style products would be 48 ft which is consistent with uh most residential zoning districts um maximum Building height for all the other buildings and the multif family components could be up to 65 ft there are architectural commitments which are um pulled into the plan as well those are things like preferred building materials uh pitched roofs blank walls raised entrances recessed garage doors covered Stoops building orientation massing and screening uh does provide amenities which would include things like a swimming pool fitness center Trails benches and a pond uh also would provide a network required East West public Street which would connect Elm Lane to Ray Road uh that street would be built uh with an 8ft planning strip an 8ft sidewalk along both sides uh the petition is also proposing to construct an 8ot wide planning strip and 12ft multi-use path along the site Frontage on Ray Road and then also would construct an 8ot wide planning strip and 12ft multi-use path along the front edge of elm Lane um there'd be also be an internal multi-use path which connect um to the which would connect excuse me Ray Road and Elm Lane to one another and propose uh a bridge connecting to the Four Mile Creek Greenway uh it also commits to construct an 8ot wide elevated pedestrian connection uh in conjunction with meinberg County and then donate the connection and easements to the county for future maintenance uh it does also note that in the event the petitioner cannot obtain approvals permits or donation of those easements from meinberg County uh required to construct the elevated connection the petitioner shall have no obligation to install that connection would also provide a minimum of 50ft wide landscape area along the southern boundary planted to a class E standard so that's 50 ft and that's just that green area again along the South Side here uh also provides a number of Transportation improvements which are result of recommendations of the traffic study uh those would include things including but not limited to uh restriping of Bevington Place between burale Valley drives and the shops at Piper Glenn installing pedestrian cross Crossing beacons constructing turn Lanes installing a traffic signal uh constructing a full access intersection and also installing pedestrian Crossing beacons on the West Side uh of the shops at Piper Glen driveway so again those are just some examples of what's in that traffic study it was very comprehensive uh we do have cot staff on hand if you have specific questions about that and any of the outcomes of it uh but those are just some of the examples of the uh Transportation improvements associated with this potential project uh as mentioned staff uh is in a uh does not recommend a approval the petition in its current form uh we will continue to work with all parties to to sort through any outstanding issues and concerns raised uh to try and revisit our recommendation as we go through the process from here uh we stated it is inconsistent with the policy map recommendation for the neighborhood one place type uh so with that we will turn it over to the petitioner uh and the public uh and we will take any questions following their two presentations so thank you thank you Mr petton uh before we have Mr carmichel for those in opposition whose name I read out just earlier will you begin to make your way down to this Podium and again you will have 10 minutes in aggregate once Mr carmichel is done thank you Mr carmichel Madame mayor Madame mayor protim members of city council and zoning committee I'm John carmik on behalf of the petitioner with me tonight are Tom brassy the petitioner Matt Langston and Randy Goddard this 53 Acre Site is located between Ray Road and Elm Lane just south of Bevington Place Highway 51 is to the north of the site off of this map Elm Lane and Ray Road intersect with Highway 51 the shops of Piper Glenn are located to the north of the site on Bevington place the four M Creek Greenway is located imediately to the north of the site and continues to the west across Elm Lane this is an aerial once again the county owned property in Greenway are located to the north and to the West the piper Glen Golf Course is to the east across Ray Road you've got single family to the East and then single family to the south of the site site is currently zoned n1a petitioners requesting that the site be res zoned to the ur2 C zoning District to accommodate the development of 640 drilling units on the site that could be comprised of multif family drilling units age restricted multif family units A continuing care retirement community or town home units a maximum of 500 of those units could be multif family units this is the current site plan it's been rotated so North is planned right Elm Lane to the top railroad to the bottom Bevington place here the shops of Piper Glenn there'd be an access point from Ray Road and an access point from Elm Lane they'd be connected by an inter interal public Street pisher would install a right turn lane on southbound raay Road at the access point would improve the left turn lane on um the raay road at the access point and then install traffic signal a Northbound right turn lane and the southbound left turn lane would be installed on Elm Lane at the elm Lane access point uh the town home buildings would be located here the southernly and Westerly portions of the site the multif family buildings would be more centry located to the north and northwesterly portion of the site generally adjacent to the pond the multif family buildings will be set back a minimum of 150 ft from the back of curb on Ray the town home units will be set back a minimum of 100 ft from the back of curb on Ray there' be a 50 foot uh undisturbed tree save landscape area along the southern boundary line of the site uh architectural standards are part of the petitioner condition res zoning plan amenity for the amenities for the residents would include a pool fitness center Trails benches and the pond itself uh this is a slide that shows the building Heights the multif family buildings are in blue they have a maximum height of 65 ft and they're more centy located pulled away from the property edges the town homes in green have a maximum height of 48 ft as the development proceeds South to these single family homes located along the southern boundary the massing and height of the structures decreases this slide just reinforces the buffer on the southern portion of the site The increased setbacks and the uh increased screening that preserves the uh nature and character we think at least of the railroad Corridor so in terms of in terms of the um The Pedestrian connectivity the petitioner would install over three miles of new public and private sidewalks and multi-use paths the heavy pink represents 12 foot wide multi-use paths that would be installed along portions of the site's frontages on Ray and Elm they would then Traverse into the site maintaining their width and connect to a pedestrian an 8ft wide pedestrian bridge that would Cross Four Mile Creek would be constructed by petitioner and provide pedestrian and bike connectivity to The Greenway itself and ultimately to B Bevington place and the shops at Piper Glenn the smaller um pink lines here represent the sidewalks and planning strps along both sides of the new internal public Street the purple lines represent the private sidewalks that would be installed on the site and together they comprise about three miles the blue line here is a potential alternate route for this multi-use path in order to preserve the willow o tree willow oak trees on this portion of Ray Road we're working with SE do now would be an 8ft wide sidewalk back a curb pedestrians could cross to the traffic signal or a new crosswalk at Old Course Drive once again we're working with seed dot on that potential alternative uh 30 at least 30% of the site would be devoted to tree save areas they're depicted in green on this Slide the tree save areas uh there's a new tree save area on Elm Lane and it's right here so you got the tree save areas in green it would comprise at least 30% of the site sections were created to show the impact of the pre- save and the setbacks on the screening of the site I would say that to prepare these exhibits the petitioner had a precise canopy survey performed with drone technology to ascertain the actual Heights of the trees themselves this first section is cut at Ray Road at the southernmost Town Homes you can see the building's about 120 ft from Ray Road the top of the building sits below the height of the tree canopy and then this is Ray Road here so there's sufficient screening here we think and then uh Evergreens will be installed by the petitioner here as well the second section is cut a little further north on Ray next to the public road right through those Town Homes the building is located 100 ft from Ray Road and it once again sits below the height of the existing tree canopy and once again this is Ray Road to the left the third section is further north on Ray it cuts through the apartment buildings next to the pond the apartment building is about 210 ft from Ray Ro the top sits below the heights of the existing tree canopy and the petitioner will add the Evergreen plannings here and here the fourth the fourth section uh is actually on Elm Lane it was just add it this is cut on Elm Lane at the northernmost town home building and this building is 93 ft from Elm and you can see it it is below the existing tree canopy uh right here and then finally we were asked to prepare a section into the site from the parking lot on Bevington place that serves the fourmile Creek Greenway um it's about 364 ft the building from the parking lot this is the property line This is the pedestrian bridge that would Cross Four Mile Creek and this is the height of the existing tree canopy and the building as you can see is below that height and then this is the sight line that would lead you above the top plane of the building ever three minutes left I'm sorry three minutes left Evergreen planes installed here and here uh these are the 10 goals of the comprehensive plan the plany has determined that the proposal meets five of the goals petitioner believes that it meets most if not all of these goals petitioner would appreciate the opportunity to review this in more detail with the planning staff um these are Community Ben some of the community benefits that the petitioner perceives would result from this proposal including the three miles of The Pedestrian walkways that we mentioned the new bridge over Four Mile Creek uh a new pedest Crossing on Bevington place with rapid flasher beacons uh subject to the approval of seedot a pedestrian Refuge area and crosswalk on Ray and old Course Drive and then better bicycle and ped connectivity and and just in total in terms of Transportation the petitioner would install multiple intersection improvements and turn lane extensions as well as a traffic signal uh on raay road at the project entrance I will say that um the tisher will continue to work with neighborhood representatives and the plany staff on various elements of the plan including density over the coming weeks and we'll make you aware of any revisions to the plan and to the requests that that occur as a result of those meetings we believe that the process has yielded a better plan and that this proposal elevates and ensures what can happen on the site above the minimum code requirements uh we're happy to answer any questions that you may have the team's here and ready to do so and we appreciate your consideration thank you thank you so Mr Paul If U everyone in that group can come down Mr Paulson Mr Green uh Miss riddles jacqu whitel Claire Russell and uh Rand po you all will have 10 minutes in aggregate um and then the petitioner will have two minutes for rebuttal thank you thank you and I will be brief uh my name is Dan Paulson I've lived in the same house in South Charlotte for 27 years my neighborhood is located on El Lane and I believe I have a vested interest in this resoning project let me say that I'm not anti-growth when it comes to Charlotte I will say that I'm truly a proponent of plan growth and this project does not fit that Criterion the main issue I have with this project is there's no focus on the overall impact on the existing infrastructure such as roads schools water supply Etc Bevington place and Elm Lane are two lane roads and Ray Road has two lanes each way each are already heavily trafficked arteries for the southern growth in Wedington waxall if any of you ever tried to navigate these roads during rush hour you know what I mean how about visiting the the popular Trader Joe's during the day now we're talking about potentially adding hundreds of vehicles and school buses to road infrastructure that was not designed for this additional volume due to aggressive grow in growth in this area over 27 years my neighborhood has been rezoned by CMS a total of 15 times there have been no stability when it comes to Student Assignment by cms's own calculations any residential development can increase their attendance figures by 1.3 children for every home that is added based on the Project's latest estimate this potentially could add additional 800 children to the student assignment plan that is already overloaded have there been any discussions with CMS regarding the impact that these additional children will have on Student Assignment because of the lack of development developer impact fees my Charlotte water rates have increased on average 5.8% for the last 27 years while my storm water fees have increased an average of 63 6.3% all while the Consumer Price Index The Benchmark has increased over the same time an average of 2.78% why has there been no discussions regarding the necessary water infrastructure improvements that this project will require I urge you to hit the pause button on this project to develop a realistic proactive plan for dealing with the necessary infrastructure improvements in advance then you can determine what might be more realistic decision as to any developments we need to break the cycle of pushing for more development as possible then worry about other things later thank you you have you have seven minutes left do anyone else want to speak who is signed up to speak you have 7 minutes left my my name is Garland green I live in South Charlotte um member of a HOA Care Group and uh I've been on this project for over a year I brought three things with me for you I brought you a brochure everyone should have one including the zoning group uh they say you won't read it but I think you will additionally I brought you a book where 20,000 people have signed up against this petition now I ask each one of you in your individual areas if 20,000 signed up from your area how would you feel about the petition you would probably be opposed to it okay now I also brought some friends with me now if I can learn how to use this I'm going to turn by power presentation on us already up there an opportunity with city council to do the right thing 20,000 people are asking for your help we want your help and the number one well thing you should ask yourself is why is the petitioner not building standard homes residential homes over a half an acre of wooded Lots in this subdivision that's what we're all about out the next thing is I want to talk briefly about these eight things and I'm not going to hit the slides because I never get through there but I will send you a full slide presentation for you to look at density that's our number one thing they started 1,00 units that was a pipe dream they came down to 640 and we've asked them three times to reduce it they haven't the projection to bill by rights is 400 Mr Ranson there's too much room between 4640 you've got to do something or forget it all right this is something that's really important to you guys we have a set of rules called the Charlotte 200 plan and the UDC goals and how do they stack up to these affordable housing none they're charging rents between $4 and $6,000 a month there it's a revenue stream of $35 million a year what more do I need to say maintain and project uh protect tree canopy they're stripping out 38 acres of trees incase and protect the natural lands they're doing away with a natural Forest is terrible preserve the character the neighborhood 65 ft High apartment buildings four feet four layers high four stories and above ground Podium parking underneath you don't have anything like that in South Charlotte it's a skyscraper apartment building you have four and a half minutes left four and a half minutes you have a density six times the normal area you have very few trees no screening of buildings near the street if you drive down uh Elm Lane you can see the buildings there's no screening down there there's no tree save there's no screening you just see them it's terrible reduce traffic congestion that's one of your things well 4,000 new cars what's that all about we're so crowded right now and my great flooding and storm water let me just skip to this oh it's a real hot button with the people down there we have a big problem okay and you can see the flooding there on the greenway it completely floods with a light rain that's Elm Lane going over the top that utman is 12 feet tall look at those houses over there all right here's the next p picture where we have a heavy rain it's all the way up to the street 12 feet high and it's cing off that property and then it also comes off Westward over to the uh El over to Elm lanee and you can see the ruts where it's like Creeks coming out of there and you can see it crossing over the street and when cars come through there at 5 miles an hour there's 12 foot high fish tails on there so that's a real problem with the when they do something there and they hadn't proposed anything exactly it needs to be Mega it's just not fixing let me just show you this talking about traffic this is the intersection morning run at Ray Road in Highway 51 it's backed up there's nobody turning left there's nobody turning right the reason that is is like it's a funnel you have two lanes on Rail Road come up to 51 and when you cross over there's only one lane going straight you got a bike lane up there who needs the bike lane when you're holding up cars like that ho SM and here's the elm Lane it's a nothing but a little uh uh snake path it's got a lot of falloffs it's very very dangerous you hope at night time that a deer doesn't run out in front of you because you're going to go off the road and probably kill yourself two minutes left I don't know what I miss I'm going to just say hey we need your help thanks for the people that came out a lot of the folks that came out from the uh Council and a lot of folks from the zoning committee came out we really do appreciate it you saw what it's worth you have a a minute and a half left that language you left for one minute I just want to say I'm glad to see the bald eagle up here all right our next ing bald eagle there um in that vicinity they say is too far away to be considered a danger with this development however bald eagles are coastal fishing animals that's why you don't see them here they're mainly on the coast um so I mean I want us to protect our Wildlife I also want you to realize there are over a million people we know that depend on the Kataba river right now and I want this zoning committee to consider stopping the depletion of our trees surface areas and um so many cars that we have the traffic jams and you'll read on that piece of paper what the other things that I've had to say thank you but not was you have 50 seconds left 50 seconds all right so I'm going to have to go to my conclusion it will be a blessing if our city government protectors as in a footstep of some little moralistic country which Foster a capital happiness as part of our gross domestic product people are not familiar with this Capital happiness okay it will be to protect the greater number which is a the hel of few interest thank you very much I had more but thank you there's only 8 seconds left I'm not that so yeah thank you thank you all for coming to speak Mr Carmichael you have two minutes for your rebuttle thank you um I'll be really brief I won't take two minutes um the speaker was right uh we've been in touch with or the petitioner been in touch with uh the North Car wildlife and Resources Commission and the the Eagles are not within uh a protected zone so that they're the the beyond the 660 foot Zone that's in the act and so um Miss Medford uh advised that the um proximity of the plan development to the nest is outside the guidance threshold so she is confident that the development poses a little risk to the Eagles so that's that's the communication we received like fish okay okay um uh and in terms of the student I I I know I'm not disputing what the gentleman said but the CMS report I received said it would add 215 students I'm not please allow them to speak you have a minute left Mr Mr Pon would have that information but I'm not saying that the schools overcrowded I'm saying that's the information on the CMS report there is going to be a new high school that's going to open up in I think it's 24 to 25 this site would go to that relief High School um we think that this it is it is more dense than what's surrounding the site um but we think given the infrastructure it's an appropriate location for development of this density and of this quality and we're happy to answer any questions have Mr Godard on Transportation this is Tom brassy with a petitioner and then this is Mr Langston uh with landworks okay thank you thank you thank you Mr carmichel we're going to open it up for a comment Mr Driggs thank you mayor proam uh thank you all uh for coming tonight and for your patience your presence here sends a powerful statement and I don't think it's lost on any of my colleagues or the staff or the petitioner uh I want to to understand this is a work in progress we're not done yet uh I have made very clear that I will not support this petition that we heard about tonight in its current [Applause] form and as you heard the staff doesn't support it either so uh we've got work to do the difficulty here is that uh we have heard in the last couple of weeks from petitioner a willingness to kind of do more significantly more and at some point we're going to need to make up our mind whether the final offer that we get from the petitioner compared to what could happen instead deserves consideration if if if you remain United against it I will not support it uh but I I just am concerned that when we look at the U what can happen if it is withdrawn uh you might end up in a position that is worse than this because everybody please please let's have order please respect the meeting okay I I know how you feel I really do so uh I I just need to talk through this um if it's withdrawn there is an option under our current land use policies for the owner and petitioner to proceed with a different type of development without any meeting like this and without input from you it's called by right and now uh there has been some debate about exactly what that could entail there was referenced before to the possibility of around 400 units if it was developed by W the 400 units would be single family duplex and triplex in order to get the maximum number of those units on the site in accordance with existing rules a lot of that site would have to be have to be made buildable you would have to remove more trees you'd have to flatten it and so on and I'm not trying to scare you with this please bear with me I just don't want us to end up having said no to this and then find that some nasty happened so uh I I I am very aware of all the concerns You' have raised I wish there was a way to preserve this as the habitat it is I walked it over the weekend it's beautiful it breaks my heart uh but the county did ask uh I asked Susan Rodriguez McDow and she asked the parks and wreck to reach out to the owner and say hey we might be interested and the answer they got was no it's under contract we please please let's have order it's under contract and we are not interested in entertaining any offers or having that conversation the county is not going to use an eminent domain process or anything like that in order to oblige that the owners sell for the use as a park the city doesn't have capacity to acquire land for public use so we wouldn't be able to do that and there are laws about this I mean if if we try to impose an outcome like some people would like it would essentially be an illegal taking we couldn't do it we would lose in court so person personally I'm a little bit between a rock and a hard place here I'm trying to keep sight of that byright outcome what it could look like versus whatever we're able to get still uh in terms of further improvements things that we've been hearing about have for example the effect of creating quite a lot of tree save along Elm and screening uh from the elm side that was an issue that was discussed uh also a meaningful reduction in units I don't know how big that reduction could be but significant and meanwhile preserving the extra tree save that's associated with this plan compared to what could happen by right uh the traffic improvements that were developed for an 1100 unit uh project would remain uh so it it I uh I'm I'm in a difficult spot here because I understand your passion I can see the no on your shirts but the truth is that uh we need to make a responsible comparison between whatever comes out of these continuing conversations and whatever might happen now towards that end I've already been told that the petitioner does not incl intend to go to the zoning committee this month which means as soon as there could be any action if at all uh would be in May and that will give us time to hear what they might be able to do it will also give us time to think about it I've been working with a group led by Tom coin of about 15 members of HOA boards uh to try and and just consolidate all the input that we have from you into a conversation that does make that that comparison um if that group hears something that it feels is uh worth your consideration then they and I will convene a meeting an open meeting and we will all have a chance to talk about it uh and and we'll uh we'll see then whether people prefer to just take the chance on the buite or any subsequent petition or whether there has been a significant enough Improvement in this plan to Warrant your support so um I think that's kind of where we are uh and again I I would dearly love to just sort of exceed uh to the no on your shirt I'm just afraid that it's actually not in your best interest and I hope you'll bear with me while we proceed and then make a decision in the end about whether or not uh to allow this to come to a vote and the answer is very possibly no but uh I want to make that decision based on your proper understanding of what it is that's on offer and what it could happen instead recognizing that we are getting close to the point where we have half as many units as were originally proposed still obviously more than anybody thinks Could Happen by right but in the context of the traffic improvements and the way the trees are saved a lot of those Willow Oaks are preserved there's a good buffer along Ray and Elm in terms of the kind of things we're talking about now um and uh if you walk the site as a number of us did this weekend it's really quite striking how far away the roads are from the nearest building so uh all I ask you at this point is uh please uh hang on and wait nothing will happen without you being notified as to what it is we're looking at and whether or not there was a recommendation from the working group for you all to join in a conversation about it if their answer is no it stops uh and if their answer is it's worth looking at then we have meeting and we present it and we talk it over and again if if there is uh if you remain United in opposition then I will see to what it doesn't happen thank you thank you Miss azir thank you council member Anderson I share uh council member dr's concerns in fact Mr DRS and I have had conversations about this and bald eagles uh several times I have met with some of the community members I have personally driven by this site and um I hear you when you say it's two lane roads in fact I was stuck in traffic on my way home um so I I can understand when you are when you're bringing up traffic and congestion there is no infrastructure to support the level of density that it's being proposed so like council member Drake said I cannot support it in its current form staff is not supporting it and I uh will continue to work with your District representative uh to see if there is a middle ground here if there is a solution that is better than byde development but we do need to keep in mind that there is a buide opportunity and you always got to compare the current proposition against the by right I want to thank my friend count your county commissioner Susan Rodriguez McDow who is here with her who is here with us with her husband uh appreciate you being here and representing district 7 uh if you could please stand that's County district 6 County district 6 yes and I I let me just say you are in good hands you have great Representatives on County Commission as well as your city council here um I appreciate the Investments that uh petitioner has proposed in terms of pedestrian and bicycle connectivity of course the density is too high though especially for neighborhood one type this is a neighborhood one type this is the lowest density you could get um so when you bring up quality of life concerns I understand that uh and when you talk about environmental issues those are near and dear to my heart especially our protection of our natural resour sources um and let me tell you we do read your emails uh we may not be able to respond to every email that we get maybe 20,000 uh but I do read your emails um and I have had meetings with you all and we got your package I I see you have given us homework to do we'll read this um I'll read this later on uh but I'll continue to work with your District representative to see if there is a middle ground uh that we can work towards but thank you all for being here miss watlington thank you um I won't belabor the point but absolutely as uh council members Driggs and asmea said this one's this one is a tough one because of the situation where is scarier than the rezoning I think that tells us we've got a policy Gap right because when by right is something that is not acceptable to the community we need to raise our standard and that I I think is is one of the largest lessons that we are seeing especially with our new um our new regulations if what can happen without Community intervention imagine had you not come tonight imagine had you not been writing emails that we that we are reading imagine had you not been galvanizing and working with the district rep what could happen without your input at all is not even bare minimum acceptable and that is a huge problem and so I challenge our my colleagues I challenge staff to go back and to the drawing board and take the themes from each one of these resoning that we see that are highly contested and figure out how to improve the process because all of us are here because we want the highest quality of life it's possible and the minimum should be reflected in our policies we should never be in a situation where we've got to choose between a rock and a hard place so I'm committed to continuing to do that [Applause] work thank you thank you Mr barar Mr barar thank you yeah just three real quick things one it's inspiring to see all you guys come out I won't believe her it's been said but that doesn't happen all the time and uh you you you deserve um a pat on the back for all the work you all have done two um as someone who's gone through a lot of years of rezonings uh with this one being high-profile I'll just tell you independently I've seen your council member council member Driggs um working on this for a long time I've kept my finger on the pulse I would just say that he is doing an awful lot of work you may not like all the things that he says but as someone who tries to be an honest broker in my district for my complex rezonings I recognize that I see that he's doing that and I and I hope you take him at face value that he's just laid out a month or two or however long Gauntlet from today until this comes to fruition where he is committed to you if you stay United in opposition he'll do that I have no reason in my experience with him that he's ever laid out something like that so you should feel confident working in good faith that the deck isn't set against you but there are some things he's going to have you contemplate but I wanted to make sure you just independently got a little validation I know how tricky these are and this has been a tricky one and then finally um this point is not so much for you guys even though I know it'll probably resonate it's for my colleagues to some extent but I know it resonates with a lot of you it's primarily for City staff and the city manager um we spent over two years working on debating and putting out this unified development ordinance or Udo in the community which is essentially pouring Rocket Fuel onto growth and we have probably spent two days on infrastructure and the infrastructure that's needed to support that Rocket Fuel of growth that's here and that is absolutely unacceptable it doesn't do you it doesn't do you any good unfortunately because here we are right and this is not a DE developer problem at their doorstep it's our problem and and so my call again I know most of you agree with a lot of these things the call is on City staff and the city manager this is just the beginning post Udo of the uprising we will see at the by right growth that we have dumped at doorsteps and we have not spent any time whatsoever related to what we have on the rocket fuel figuring out how to put infrastructure around this growth and we need thank you we need an infrastructure investment committee or something that is formally focused every day making this the top priority so I hope again I don't mean you you all know this city staff city manager I hope that's the message they take away because this won't stop thank you all thank you Miss Molina thank you uh Madam mayor protim um I I don't want to belabor any points that have been made by my colleagues I want to tell you all thank you for being here tonight um in my time on Council I've never seen a community meeting with that many people in attendance I mean my goodness um the organization that you have is astounding um and as somebody who is on the opposite side of the political aisle uh I want you to know that that your representative has spoken to all of us this is a very tough petition um I represent e Charlotte and I've been in the same position listening to the community members that I represent and lift their voices up and they've had similar um concerns infrastructure is something that we've got to work on we know that we owe that to you as taxpayers we hear you we're listening to you um I want to assure you I I'm and and I'm saying this with the most respect that I could possibly offer you have one of the most capable of us working on this petition someone who's been on the council for 10 years and who understands zoning very intimately um and of course this is a group decision and so we all have to hear this but um I want you all to know that we hear you we see you um and I think if I don't want to speak for everyone else but even I have actually gone to drive in this area to make sure that I had a proper understanding of what was taking place so your concerns are duly noted um it was it was someone uh who spoke I I can see your name or I can see your face when when you said about the um the infastructure Now versus later um man that hit me that that was a DE deep one because there have been times where we will conditionally approve something knowing that we still have work to do um and so your ask is unique in that um I think it just brings myself and my colleagues you know some general attention to say we know we got work to do um I like some of the suggestions that have actually come up from my colleagues um we're going to have to sit down and think about how we approach this going forward so um again I want to tell you all thank you it means a lot we we represent you we're here because you guys put us here and that point is never wasted on any of us so um I think this is kind of a unanimous decision and that we'll continue to touch base with your you know representative again I I got full faith that you know you have someone very capable leading this discussion um and understanding what it means what could happen in a by right situation and I hope everyone understands what that means that means if we pull our hands from this right that means that the developer can do what the unified development ordinance says that they can do without ever coming to counsel that may be better or worse so I I urge you to put both of those on the table side by side and make sure that you're getting the best that is is conducive for your quality of life so um we're all you know still plugg in still tuned in thank you so much for being here and um I'm looking forward to the ongoing conversation M Johnson thank you mayor protim I just want to thank the residents for coming out you know my green is for University and brain injury awareness but also because these are my people okay if you followed Council for the last four years I've been talking about cumulative impact and the lack of infrastructure and because of that I've gotten this reputation for being anti-development so much so that you know there was a movement that I even lost my seat so I just want you all I want to thank you for for illustrating how frustrated the residents are in Charlotte thank you we've talked about the Udo we've talked about um the the of infrastructure council member barari and I there was a bipartisan approach to lead and Champion an infrastructure meeting and that was two days right and now we're still talking about it waiting on action so we need this kind of Uprising or this galvanization we need this from all sides of the city what you're talking about yes it's a very high-profile but this is happening in in residents and and communities all throughout the city so um thank you for being here um I know that your councilman is is listening to you um he's going to work with the developers um but but he's right um as far as the bu right so that's what we need to work on as a as a council is those policies so again thank you for coming out thank you for uh for being the face um or the the the Coalition or the collaboration of the frustration in the city the lack of infrastructure the the lack of attention to cumulative impact the lack of attention to the schools someone mentioned um the lack of impact fees I will say that's a state um legislation so if if uh that's something that you all can reach out to your state legislators as well that would help us impact fees as well as inclusionary zoning while you're talking to them okay so but again um thank you for coming out thank you uh commissioner Rodriguez and uh we look forward to continued discussion about this petition thank you m brown thank you so much man proam to all of you amazing people that came out to stand for something or F for anything so you are showing numbers and volumes that you care about your community one thing about me is there's a learning curve for Poli policy but there's not a learning curve for people and love and support of the community you're going to always get that with me I'm very responsive uh Ed I would like to send this over to him yes he has met with everybody and he also gave us the address to go down and look when I first took this job I said I will go to the site to see what I need to see with the naked eye cuz sometime everything in Black and White becomes too too much to read too much to bear but if you go out and you walk the site with someone that really cares about people and care about Community you can learn anything I'm a 4.0 student so it's it's it's just a little bit of homework right a little bit of research I've only been doing it for 3 months but what I bring to this table and what I bring to this diets is a love for the community to listen to be accountable and to be accessible it is one of my favorite people on this Council I said it in a minute he's very fair he works really hard and he has worked his tail off on this petition teaching leading guiding and showing what it means to stand by your community and your constituents so I support him I hope that we can get by with this byright policy that we have going on I understand what that means that if this doesn't work they can go back and do something totally different but to all of you kudos for loving your community so much because I love mine in the same man thank you thank you in closing I would just like to Echo the sentiments of my colleagues I did have the opportunity to come out and tour the site and walk with some of your residents and spent uh well over an hour out there listening to all of the concerns and I do also Echo the sentiment that Mr Driggs has been working tirelessly in the background and will continue to work to come out to what is the best solution in this particular situation so thank you for your level of Engagement uh the your level of Engagement in the community meetings your level of Engagement here um it really is setting the tone for how communities throughout the city should be involved so thank you for coming out as you me as you heard there's more to come more work to be done on this one so please continue to be engaged in liaz with uh Mr Driggs your representative do I have a motion to close public hearing I have a motion in a second to close public hearing all in favor raise hands any oppose that is unanimous I would thank all for coming out I want to say thank you all for coming out if you'd like to stay and listen to all the other hearings you're more than welcome to now um but otherwise we'll give you just a minute to move out if you could do a little bit quietly in just a second we'll start the meeting back up about quietly but they'll go this is the nicest mob we've had in here in a while question okay we're going to start the meeting back up if you can just be quiet as you exit and thank you for coming we're going to move on to agenda item number 40 petition number 2023 046 by children's Clin properties and Charlotte meinberg Schools the location is approximately 124.5 Acres located on the east side of Tom Short Road West of red rust Lane and North of Audrey Kell and district 7 Mr DS dggs District the current zoning is mx1 in NN oov the proposed zoning is MX2 in NN o with fiveyear vested rights the staff recommends approval of this petition with resolution of outstanding issues related to transportation and land use we do have some Opposition signed up for this particular petition so after staff's presentation Mr Brown and Keith mcvan and others will have 10 minutes to speak in the affirmative and Maran black and Glenn desinger will have 10 minutes to speak in opposition thank you thank you this site is just under 125 Acres located along the east side of Tom Short Road West of red rust R like red rust Lane and North of arrey Kell Road and the immediate vicinity um is largely dominated by single neighborhoods with small pockets of commercial and middle density residential developments interpers throughout the site is currently zoned mixed use residential Innovative one and that's from a 2004 resoning request that was conditional and they are proposing to go to MX2 Innovative so that's mixed use residential Innovative 2 and that is also requesting invting rights the policy map calls for neighborhood one for this property The Proposal self is to allow for the development of a secondary school and up to 682 multif family units 211 attached dwelling units and 24 single family residential units it commits to having no fewer than 125 of the attached dwelling units and no fewer than 12 of the single family detach units development areas a through f are called out on the site plan area a may be developed with a school along with the associated uses and it has a max maimum Building height of 60 ft areas d and e may be developed with 682 multif family or attached dwelling units and in area D there's also the large 12 acre natural Preserve area that will contain trails and other natural amenities that will be privately maintained but publicly accessible they commit to a maximum building high of 50 ft for area D and 65 for area e Development Area C may be developed with up to 24 single family detach homes and that is along the southern boundary of the site and that would have a maximum Building height of 40 ft area B would be developed with 210 attached dwelling units or single family detached homes with a maximum height of 65 ft this area also proposes open space and Community amenities with improv active open space areas Development Area F which is along the U northern eastern portion of the site may be developed with open Bas storm water structures and trails Innovative lot standards are being requested as part of this zoning District that relates to lot size lot width front set back rear yard sidey yards building coverage and building orientation the petitioner worked closely with C do 2 and ncdot to identify Transportation improvements for the North and southbound i485 ramps Providence Road Golf Links Drive rre Hill Road Valentine common Parkway and Tom sh Road and some of those improvements relate to new turn Lanes channelizing existing Lanes extending turn Lanes installing push buttons and upgrading pedestrian infrastructure and that's all detailed at much greater links in the approved traffic impact study access to the site would be off of Tom Short Road and the extension of golflink drive as well as other public Street extensions as Illustrated on the site plan there would could be a potential secondary access off Tom Short Road in Development Area B but that's being uh further discussed with C do and the petitioner a subdivision Street exception was approved to allow for the conversion um of Camp ver a lane from a public Street to 12ft multi-use path so that would allow for pedestrian access up here to the school site rather than another vehicular access and that improves safety it commits to work with sedot and the community to fund up to six speed humps or other traffic calming measures throughout the area and they detail POS internal sidewalks and planting strips the site plan provides details on architectural design standards related to primary building materials building placement facade modulations a maximum of six units in one building for attached dwelling unit attached dwelling buildings raised residential entrances pitched roofs usable porches and Stoops minimized design for garage doors connecting walkways to Street sidewalks screening equipment and garage access via Alleyways for attach dwellings an 8ft planting strip and 12 12T multi-use path would be constructed along Tom Short Road Golf Lings drive would be improved with either an 8ft planting strip and 12ft shared use path or with an 8ft planting strip 8ft sidewalk and two 5ft bike Lanes a 200t classy buffer is proposed along the northern boundary and the petitioner worked with rers in storm water to provide additional conditional notes and those notes state that land disturbing activities occurring on the site that exceed 10% of the built Pond area a peak control shall be installed for 10e 25 years 6-hour storm and additional Peak control provided for the storm frequencies such as 50 or 100y year as determined by the storm water administrator based on a downstream flood analysis provided by the petitioner the petitioner also added a note that states that development within the swimmer pcso buffer shall be coordinated with and subject to approval by storm water services and mitigate if required by city ordinance the petitioner acknowledges intermittent and perennial stream delineation reports are subject to review and approval upon submission of development plans for pering and are not approved with rezoning decisions so that's just a bit of um extra verbiage that we don't usually see in the resoning process that goes a little bit above and beyond to provide additional storm water notes there a minimum of 25% of the site will be provided as passive open space and a minimum of 177% of the site will be provided as improve active open space and a playground would also be constructed the petitioner also collaborate collaborated with parks and W to commit to convey to the county a 100 foot permanent Greenway easement and that would be within the 200t buffer that we see uh noted on the site plan as The 200t Classy buffer staff recommends approval of this petition upon resolution of outstanding issues that relate to a couple of Transportation items and two land use items The Proposal would provide a mixture of housing types that diversifies the residential product offered in the area which is mostly single family detached homes as you saw in that aerial it's worth noting that this petition would increase density of housing while still maintaining a maximum density that is fewer than 9 units per acre the overall design of the site also emphasizes contextual sensitivity by orienting the densest building forms towards the center of the site um furthest away from those ex existing single family neighborhoods and they also provide that contextual sensitivity with that 200t buffer along the northern boundary and the commitment to single family detached homes along the southern boundary so although on a whole the development is more consistent with the neighborhood two Place type the project still preserves single family character and green area buffers along the edges of the site this resoning would also help facilitate several Community benefits the most notable of which would be the construction of that new school in Development Area a the school would help to relieve JM Robinson Middle School which is currently overc capacity the commitments to sizable reservations of active and passive open space and the rec and the recreation opportunities active provided within those would help to further go some of the goals of the comprehensive plan Transportation improvements are also a vital part of this rezoning given the scale of the development and the commitments to improve the existing roads and surrounding the resoning area create a more robust petscape with numerous conditions for traffic calming measures creation of multi-use paths and upgrades to Crossing and intersections and I'll take any questions following the presentations by the community and petitioner thank you Mr Brown and Mr Laria welcome you have 10 minutes thank you very much I may wait for the presentation to load here there we go great uh thank you mayor protim um members of Council and members of the zoning committee uh it's a pleasure to be here with my colleagues from morvin Allen Bridget Grant and Keith mcain and we've been pleased to assist CH Klein and charl meckelberg schools as co- petitioners on this uh resoning request thank you Holly for your efforts and also thanks to sedot who has worked diligently with ncdot for many many months on a topic near and dear to your heart which is infrastructure and Road improvements in this area uh we're really pleased to have the staff recommendation on this resoning we believe it'll bring a mix of residential housing and a well-designed site plan uh with large open space areas trails and very much uh the opportunity to bring the the highly sought after Middle School uh to this site uh I also want to appreciate the efforts of uh Dave Clark and Fran Paneras as board board leaders of the Stone Creek Ranch uh Community that's located next door and with whom we've worked for many many months uh while Mr Clark and Miss paneros remain concerned about the requested number of units and the apartments we appreciate the work we've done together uh to address a number of items many of which were on the screen tonight storm water we're providing enhanced storm water requirements over and above what the ordinance calls for uh cut through traffic we'll talk briefly about that we've tried to work with council member dggs who we also thank for his diligence to engage NCD te on efforts on Tom short road because it is an older road that we think can have improvements and we're actually making three significant improvements on Tom short road again we thank council member Driggs we've also reached out to others and we appreciate their efforts including Miss Black and Mr denzer who will be speaking in opposition tonight we just firmly believe that as supported by the positive staff recommendation that we're proposing is a reasonable amount of density when you consider where a half a half a mile walking distance to the ray Village Activity Center fairly close to Waverly on Providence Road um and we're also providing for the opportunity for Community benefits with the Charlotte meinberg School uh I'm going to move through quickly some things just to hit some high points not going to repeat Holly provided a lot of detail we appreciate that I'm just going to emphasize the Green Space the open space uh that we're providing uh on this particular plan uh this goes back 20 years ago when it was reson with a lot of property in the area uh this gives you a flavor this what was uh on the left is what was back in 20 2004 largely undeveloped land if you look to the right there's a golf course right now that Golf Course is the ray Village mixed use activity center and further to the right Waverly has been developed since that time and we're in close proximity to those improvements this is the master plan and again I won't go through a lot except to highlight again the open space and the opportunity that the 200t Flat Branch Creek along the north and the 12 acres actually a little bit more than that of the N natural Preserve area with trails that we're proposing uh will provide not only tremendous open space but also an opportunity to locate the multif Family communities significant distances from the existing Stone Creek Ranch Community we think the site plan is part of the reason the staff feels feels in support and we think that's an important ingred ingredient I'm going to now also just talk about the density it's 125 Acres roughly 20 for the school when you consider what we're doing on open space we're at about 8.7 units per acre in density for the the the the develop not including the school if you put the school in we're at 7.4 units per acre for the entire site um me speaking of the school I'm going to turn it over briefly to to Dennis Laria just to hit the high points of of the importance of the school to this effort thank you Jeff thank you Madame mayor protm members Council it's good to be with you this evening Dennis Laria executive director of facilities management for CMS we are a co-petitioner and as much as we like Mr Brown we are not paying for his services so that's why I'm here this evening um we handle this ourselves so this school was funded as part of the 2023 Bond referendum we appreciate your support in the voters of meinberg County who authorized that the boundaries for this school have already been drawn we undertook a very long process that a lot of you were also aware of and engaged in um to determine those boundaries so those have been set and we know who's going to be going to this school when it opens we are relieving and changing the school makeup for everything from Alexander Graham and Sedgefield All the Way South through Quail Hollow JM Robinson South Charlotte Middle School so there are significant changes to demography and makeup of all of the schools in that entire part of the county because of the opportunity were presented here with this school we first approached the KO family about this property in 2008 this is something that we've long identified as a perfect site for Relief Middle School the KO family's been a good partner for us over the years Polo Ridge Elementary School is on former KO property for example so we're very excited about the opportunity to finally bring this to fruition and be able to build a baseline Middle School that we're estimating will open with about 874 students although it has a 1200 student nominal capacity um and we're targeting August of 2026 for opening assuming a successful rezoning thank you Dennis I just wanted to hit some high points on the concerted efforts uh to to work with the community in particularly the Stone Creek Ranch board one of the key issues uh we had two large community meetings in addition to that uh in addition to numerous smaller group meetings uh what we've looked at is is first and foremost cut through traffic and we've been able to work to have a pedestrian only connection at Camp verie Road which is an important ingredient and we've also looked at uh providing for funding for Speed humps upon CD SE dos policies being approved or being uh being adhered to and also a choker Road design to try to prevent cut through traffic in the community so that's one of the items that we've talked about there we've talked about the importance of uh storm water management tonight and it's becoming next to traffic something more important to Y all than anything well we w we can't control what's happening with Katy lake or the storm creep Ranch ponds those were developed those communities were developed before the comprehensive storm water ordinance what we can try to do is make sure that our effort on our project is going to do a good job to ensure that we're not making things worse and in fact we're not only going to adhere to the ordinance but cha Carina has been agreed to go deeper in terms of their ponds and larger by adhering to the 50 and 100-year storm events so we're actually going to be exceeding the ordinance requirements in our conditional zoning to try to address the storm water concerns next if you talk about the the efforts Tom short road is a challenging road we appreciate council member DG's efforts we've tried to work with the community to engage ncdot it's a state road to try to deal with some storm water flooding that occurs on that road and we're also providing for improvements in this area traffic moves quickly on this road because you can build up a lot of steam coming from Audrey Kell we have a traffic signal turn Lanes at the entrance to to gol links the new and we believe that will slow down traffic significantly because it's right in the midpoint of the road improvements at Valentine common Parkway improvements at Audrey Kell We Believe will provide support and also a potential traffic signal at the uh stem the ray stem AC Academy that would happen in the we believe in the second or third phase of the development you have two minutes left okay thank you so much Transportation improvements this is challenging South Charlotte has Transportation challenges the city has Transportation challenges many of you talk about that with great regularity we had not only the SE dot folks look at the traffic study ncdot and NC's congestion management and we have done a really good job we believe in trying to address some of the concerns I've mentioned the improvements on Tom short Road in addition the golf links will provide a whole new network street through to Ray farms and into Providence Road there're extensions that we're providing for some Lanes on Providence Road in addition some improvements that will be happening at the ramps all because ncdot has looked at this uh so we think we're doing a very good job as well on Transportation efforts there let me just close uh by saying that we understand there's concerns about apartments and more development in the south of Charlotte of course and in throughout the districts that many of you uh represent and those of you that large we believe though that we're doing a very good job of working with the community the multif family units that they would love to see us kindy to trim the number of units we're within a half mile of the Rave Activity Village and we think we're unique in that regard versus some of the other developments that may be happening farther a field so that's why we think this is appropriate we hope you will agree we do appreciate the work both from Stone Creek Ranch and also miss black Miss D Mr danziger and we hope to continue talking to people thank you so much thank you uh Miss Black and Mr deninger if you would come down and you will have 10 minutes in aggregate thank you sure and I just want to say uh thank you to uh the council mayor proam uh for allowing me to speak uh during this meeting today I I see there's still some GRE green shirts left we we we have a community here that's supporting us and if the Gillespie resoning was an exhibit for overcrowding and dense over densifying Charlotte the KO uh resoning is exhibit 1B for that so the same issues that we have that we've been talking about and you all have been talking about as well are the issues that we face with the KO Redevelopment as well um my name is Glenn danzer um I've lived directly across the street from the KO property and I'm representing the views of more than 3,000 petitioners that have spoken out against this this in in opposition to this rezoning uh we have provided binders to you as well with the information that uh will help hopefully help clarify and uh make the decision easier for you and I appreciate colleague here for putting those all together um you can see on the slide just to put our opposition in perspective if we could look at all the rezonings that have been approved and are being proposed in the zip code of 28277 there's 15 of them and you can see those in item number one if you have the laser pointer the the numbered boxes represent all of the schools and you can see that there are now four going to be four schools within basically a one and a half mile radius of this new development um each one of those boxes represents rezonings they're mainly multi family they're um they're also included there are the number of um daily trips that are that are going to be added as a as a result of all these rezonings and I'll say that um out of those 15 proposed or approved rezonings which are again primarily multif family totaling 6,24 units as well as a new high school a new middle school and a new Elementary School our opposition is grounded in the principles of appropriateness and and fairness and this is rezoning petition is neither of these it is inappropriate because there's insufficient infrastructure as we've all talked about to support this and similar projects in the area it would be inconsistent with the character of the existing neighborhood and it would contribute to the lack of affordability of housing it's unfair because this resoning would place an undue burden on the community many of whom bought into this neighborhood when it was rezoned previously in 2004 expecting 331 single family units on this property now there are 917 as well as a new Middle School I'd first like to expand on the inappropriate nature of the development in terms of infrastructure the biggest issue by far as you've heard is traffic this area is not walkable or bikable and there's no viable public transportation it's entirely dependent on cars so every new apartment added adds at at least one new additional vehicle on the road these 15 new rezonings in this ZIP code will add 65,8 new vehicle trips per day can I repeat that 6,381 new vehicle trips per day on these streets traffic is a huge issue in South Charlotte on the major north south commuter arteries of Providence railroads in the two East West corridors of Ary Cal and Ballentine Commons where traffic is bumper-to-bumper at rush hour traffic on Providence Road has become gridlock due to massive development on and along Providence Road that has been almost exclusively apartments or mixed use commercial development within just a mile of I i485 in Providence Road where this development is occurring there are plans for nearly 3,000 new apartments with further development of multif family house housing all the way up Providence Road Uptown Providence Road can't accommodate this increased traffic load every major intersection along Providence Road takes multiple traffic light cycles to get through during rush hour you can't widen Providence Road there's no plans for Light Rail and there's no viable busing strategy Road widening along the east west corridors are many years away and will be inadequate by the time they're completed there are also issues with Road and neighborhood flooding and dangerous road conditions that was was just discussed that this plan does not adequately address as well as safety and Municipal services are already stretched thin with the current population five minutes left thank you yes there have been conversations with the developer to address these concerns with the community though I would characterize these as inadequate and largely ignoring the issue of density in terms of fit for the with the surrounding neighborhood you can flip to the next slide this development is not consistent with the character of the existing neighborhood this resoning places 682 new apartments right in the middle of single family homes it's completely surrounded by single family homes this neighborhood may be close to the ray farms and Waverly mixed use developments but it's not Ray farms and it's not Waverly it's a quiet Suburban neighborhood and we don't want it to be like Ray Farms or Waverly we don't want to see four-story apartment buildings instead of tree canopies when we look outside our windows we don't want our kids having to navigate giant parking lots on their bikes or walking on the way to school we don't want 6,655 new vehicle trips per day cutting through our neighborhood roads and causing safety concerns while our children play outside and we don't want to experience the crime and noise that now occurs in Ray farms and Waverly there are also concerns that without a finan stake in their properties rental tenants will be less committed to maintaining a safe and desirable Community as well as a general concern around having 682 rental units sandwich directly between two schools with pre-teen children yes Charlotte is growing and people need places to live but the Charlotte Metro area is at a massive deficit of single family housing and has been since the financial crisis a shortage of about 18,00 ,000 units per year has developed over that period of time which now totals nearly 250,000 or a quarter of a million shortage of single family homes for people to purchase three minutes there are a lot of reasons why home prices are unaffordable but scarcity of new construction is one of the most significant and one of the most long lasting this development takes away 331 of those units that would have been otherwise built under the zoning while single family houses have yet to return to where they were 13 years ago multif family is now 200% what it was before the financial crisis and according to Goldman Sachs South Charlotte is the second highest atrisk city in the country for the risk of overbuilding in multif family so by displacing 331 new single family homes with rental apartments here and in many other projects across this area what we get is more of what we don't need and less of what we do need home equity is the most valuable asset in American's Financial portfolio and you don't gain equity in a home by renting okay so who is benefiting from this continued uh suppression of single new single family housing stock and replacing it with less necessary rental apartments not ordinary charlatans the benefits Ur only to the wealthy land owners and the real estate developers is that fair I ask you is that is that consistent with the 2040 vision and I'd like to talk just a little bit more about fairness after this property was reson to mx1 back in 2004 with a maximum of 331 single family units everyone who bought into this neighborhood including myself did so with the understanding that this property would have at most 331 single family homes added to our neighborhood with this existing with this second resoning not only will we have three times the number of housing units built mostly Apartments but also a new middle school with nearly a thousand kids and although this development will relieve overcrowding at our middle schools it's now going to add to the overcrowding at Polar Ridge Elementary that is also absorbing kids from the ray Farm steam Academy after it converts to full magnet next year 30 seconds look we're not saying no to development we're just saying no to this kind of development and in this area it's the wrong development it's in the wrong place and it's being built for the wrong reasons this rezoning petition is simply not appropriate and it's not fair and council members I please ask for your support in saying no to KO thank you just want to make com well right now yeah Miss I know you have been very active and vocal I'm sorry you didn't speak I don't know if you intended to but I've certainly heard your message and I encourage you to write to all of us and share your thoughts thank you for being here Mr Brown you have two minutes thank you very much and and we I do appreciate the efforts and the and the comments uh and the concerns uh just to hit a few of the high points uh respectfully in terms of the traffic numbers that are before you I just have to point out that includes for example of those numbers close to two-thirds of that uh is is related to the balantine Redevelopment which we think really is a different submarket and has substantial ER Road improvements that are coming with regards to that development as well we we understand the infrastructure needs we have worked tirelessly for months on the traffic work to provide improvements not just at the ramps and on Providence Road not just a new network street but also to try to alleviate some of the concerns about Tom Short Road these are tangible things that will be happening as a result of the project respectfully we think this neighborhood is moving in the direction of walkability uh we believe that with our multi-use pass along time short the other connections on Golf Links the pedestrian bridge to the community to go to school we're providing the very type of walkability that moves the community in that direction in terms of density and fit we are next tour to this activity center we're different in that way and we've situated the multif family communities large distances from the single family frankly we we just believe that the rental Community provides another living option and that's what we're that's we're allowing along with the town homes and along with some single family and we think that's consistent with a lot of the goals and the policies with regard to uh Missing middle housing that we're dealing with so we appreciate the comments we think the the proof is in the pting of the work we've done with Stone Creek Ranch leaders again they would like to see fewer apartments and they'd like to see fewer units too but we think this is an opportunity to provide for the housing goals of the community in a way that adds infrastructure ructure adds walkability and creates a school in an a critical location thank you thank you Mr Mor thank you we we will now open it up for discussion Mr Driggs yes good evening uh it's my big night tonight yeah um so there are some similar issues here to what we just discussed at some length about Gillespie concerning the emphasis on construction versus the infrastructure and uh clearly were wrestling with that my first reaction when I heard about this was wow on Tom short I used to ride my bike through there and uh I I I don't see that as a hight traffic area I mean I I don't like the idea of that as a high traffic area there are some perils on the road that we have talked about uh that need to be addressed um so that's clear an issue a lot of discussion about the storm water which continues um I guess what I would point out though is there also some differences from the prior resoning uh I kind of credit the KO family with not trying to maximize here and you may think it's a lot but in fact uh this is is nothing like you know going after uh 15 or 18 units and and trying to take everything they can out of it so I I give them a little credit for that the difficulty here is it's a very large tract of land and um it doesn't have good infrastructure around it so we're left with a question what do you do with that right because uh uh a density of the number as Mr Brown indicated by itself is is in in our current environment not an aggressive number we see a lot of that uh and there are some features about this that are appealing so uh I'm still a bit stuck on the issue of the juer position of this housing type with that housing type we're having to deal with that in a number of locations there's another one coming up on kiken doall if people are aware of that on Providence Road uh um the council is going to need to think about uh exactly how we manage these things because something like this comes along and based on the context and the rules that we have right now uh it seems okay you know if you can get around the traffic and we have a study that says the experts are saying that the traffic is in fact mitigated so uh I think we need to be very thoughtful about what kind of pressure we apply here to change this or whether maybe we think about just denying it entirely because we will need to ask ourselves never mind by rate I'm just saying we're going to need to ask ourselves what do we think is right at a at a place like that this is 125 Acres with one Farm on it right now and down in South Charlotte that happens you know we're kind of filling in gradually all of these hu formerly huge properties Ray was won the Waverly developments W and now we have this right in the middle of Stone Creek Ranch it's got you know it's it's like this was a hole in the Stone Creek rage neighborhood before so we're going to have to work on this uh and uh I will continue to work with a petitioner to see how well we can respond to some of the issues that have been raised here but uh as I mentioned before we are once again in a position where just saying no or insisting that they be single family units um the Udo as I think you may know in the 2040 plan actually abolished a single family zoning category entirely and that was the reason the number of us you know bipartisan opposition said that's too extreme it's one thing to kind of push for higher density it's another thing no longer to have any single family only zoning categories but the truth is that's where we are so uh I look forward to working with uh nearby residents and considering the issues I thought the statement that was made about the concerns you have was very well presented and we will continue to work on it and uh see what kind of responses are possible from the petitioner I think the presence of the school there uh is a Community Asset although it brings with it traffic concerns because of its location but certainly South Charlotte needs schools and we are grateful for the investment thank you Dennis um and uh since we talked before about the schools overcrowding I'm inclined to want to allow something that creates more school capacity to proceed um but uh again this is going to be there will be more of these I mean there's there are a couple other locations I can think of that are going to raise a lot of the same questions and I hope we have a robust Council conversation on how we respond to that thank you thank you Miss azir yes thank you council member DXs is right it's under it's almost 125 Acres this is almost double of what we've seen previously um so this is huge um I appreciate like council member Drake said that this helps address overcrowding in schools especially in South Charlotte but the density is high because this will revise our uh policy map from neighborhood one to Neighborhood 2 uh for this specific site so that's what I struggle with while I appreciate that IT addresses School overcrowding uh I appreciate the Investments being made in open space uh certainly appreciate um some of the infrastructure improvements uh but I I struggle with the density here and how this will revise our policy map see what is BR taking is the cumulative impact right uh if you look at all the developments that's been approved or right of or by right um and you look at the holistic number especially in this area it's breathtaking uh there was a there was a site that showed all the rezonings could you bring that up oh someone presented that Mr Den Dan yeah I know Mr yeah if someone could bring that up I I think that is worth looking at uh if he if you can look at the cumulative impact I know council member Johnson would love this because she keeps bringing this up every time um but just alone in this area and when we look at the infrastructure and how it's these are Farm roads when we drive by these sites uh really there is very little infrastructure uh it's truly concerning um so I struggle with this one I'm not on board as of right now I would like to see density being reduced while uh while continuing to include the CMS schools um I I don't think Council should be putting a situation to choose either or I think we can do both while addressing quality of life issues you know I so I hope that um a petitioner will continue to work with the residents to address the quality of life issues that they are bringing up those are valid concerns and uh can we look at the site where we have multif family versus single family break down cuz I I didn't quite catch the numbers so 125 Acres how many single family residents and how many multif family units so um are you talking about the proposal itself or are you talking about the the area broadly no The Proposal I'm talking about specifically this proposal cuz I I just want to make sure we are not violating any meeting rules we had to specifically talk about this resoning so if you can bring up that slide where we have the breakdown what is the single family what are single how many are single family units how many are multi family units I just need to see a breakdown so it would be up to 682 multifam this that's apartment style buildings 211 attached units so town home style structures and then 24 of the single family detached units and that's in Development Area C which is the only Development Area where you see buildings close to the exist neighborhood so they oriented their um least dense type residential product against that neighborhood the single family detach units okay so 24 single family true single family yes correct 21 Town Homes yes and 682 multifam yes that's the total maximum okay so how the numbers are hug towards multifam to one of the speakers concerns I think it was Mr denzinger yes so I we would like to see these numbers being revised at least I would um so there is a little bit of balance where there is uh we are trying to preserve the neighborhood's character and that's all I have thank you thank you Miss Johnson thank you um can miss Mr Den denzinger come back up please I have some questions thank you for the presentation so what I want to bring I wanted to see the map again that that council member ashir just requested that we show you're absolutely right I do love the map um as Council my colleagues know that I've had Maps created it for District 4 numerous times I even requested one for District 3 she's waiting on one because believe it or not as a council we don't get that type of illustrations when we're looking at the zoning petitions we're looking at the single zoning petitions it's important that we see it from a cumulative impact um so Mr did you want to bring bring that map back up yes I asked for it just a moment are you on the Economist Mr are you no I am I'm I'm a risk manager in banking okay so I do a lot of Economist work okay we need you on some committees are you on any City committee you I'm happy to help yeah okay all right thank you okay so if you look at this map if you see all of those trips from a policy perspective we only do we only receive traffic impact studies if there are only 2500 trips and we so if you look at all of these petitions I think there's only four of those that would generate a traffic impact study so we've talked about from a council perspective that cumulative impact what we need is uh when the number reaches 2500 cumulatively that we're doing traffic impact so this is one of the reasons you see the imbalance in improvements versus uh development so is someone from C dot can can someone from C dot come up thank you we received a presentation I don't know it was a couple years ago that cumulative traffic impact um was we were moving toward that maybe in the Udo or or in the future can you give me an update on that do you know anything about that so Jay Carpenter with C dot um so we we have moved under the Udo to um performing traffic Studies by right and other Transportation analysis for by right development which is a change from our old zoning so I think from a cumulative impact uh perspective that's you know that's how we've worked to address that so we have thresholds are lower for performing traffic studies and we are now performing them for all development that trips those thresholds instead of just rezonings I'm sorry say that again so thresholds have lowered under our new ordinance for for trips it's it's it's it varies depending on development type okay uh it could be as low as uh, 1500 trips or uh 200 peak hour trips in some scenarios and we are performing traffic studies for these developments that are developed by right uh now so not just rezonings but anyone that applies for a bu right development permit that reaches these thresholds would have to perform studies so that's sort of how as a department we we've transitioned to working to address the cumulative impact okay so the thresholds have lowered and we're looking at by right that meet that threshold no matter and we weren't doing that before correct so can you provide um offline if you will the new threshold where it was 2500 you know what that is now that's going to help and also I know that this map this illustration helps me I asked for it in District 4 this might be something my colleagues might want to ask in their District because it does help for us to see I'd love to talk to you because you should you should see how we're calculating School impact I mean I talk about that constantly as well right I've talk to den about you should uh also get the services of Marian black who we love okay yeah okay over there and then one question you said that this area was number two it was second in neighborhoods at risk of oversaturation yeah I was saying that if the Gillespie property was exhibit a in overcrowding and over densifying Charlotte this was one a or you know exhibit B heard it all has the same the same issues okay I thought you said it was there you you you cited some statistic that this was this area was second in the they still gold yeah there was a study by Goldman Sachs that um considers Charlotte to be the second highest at risk um city in the country for overbuilding of multif family homes next to Austin Texas okay thank you sure all right thank you Miss Molina thank you Madame mayor protim uh I'll be quick I don't want to Bel labor a point um Miss lack you're outstanding [Music] [Applause] [Music] uh yeah so I don't know if anybody can see this but this is like a whole binder that we got last week and it is one of the most thorough explanations that I've gotten since I've set that set at this deas so thank you so much I mean to have and this is this is the fabric of community right I I've always said that when it comes to community we are the sum of our parts and the I think the one thing that uh you see with council member DG today or Driggs today is that the community members that he represent you guys know how to come together and and really get your point across um I I'd love to be able to disseminate this to so many other areas of our city um I think I was whispering to council member Johnson here you know I wish that more humans that we serve understood the process in the same way that some of you do to be able to put something like this together is is indicative of a true understanding of what this process is and how it works so um this was very helpful in understanding this and in addition to this of course I won't um I I would you know be absent in not mentioning the fact that your council member has has been very transparent in offering and sharing details with us um about these petitions and and full transparency we all have our hands full and that's the truth there's it's hard for us to be tapped in and especially at a district level with what we have going on in our particular district and then we have to come and we have to vote on other things so we depend on the other District member who is in contact with the community members to kind of give us updates on what's going on that's kind of how this process works for full transparency so um your District representative has definitely been doing that uh for both the last last petition and this petition uh and I think my colleagues and I we hear resoundingly that we still have some very important conversations to hold um we've heard you we we we hear you we listen to you um and and some things that have stood out to me like I said you know storm water storm water I want you guys to know across our city is a conversation that we're having uh just last month I was here for a petition um that made me cringe I felt so bad for the community members that it took that petition for them to kind of come forward and say look at these videos look at these pictures look at what we're experiencing and sometimes as your representatives it's the first time that we've even had access to that information so uh once we're made aware of it of course we can hold the proper conversations on our behalf so that we as the accountable members um of this governing body can you know work towards making um those updates and those changes um I think and in in closing in my last comment I'll say that um I wasn't a member of the council when the um the 20 240 plan and the Udo were adopted but what I feel now is that we're going to have the community and the policy constantly clashing this is going to be something that is just going to be immensely difficult because we have this policy that was previously adopted where there's this bught opportunity and we are literally like it feels like in some cases chasing behind what the community members would want and the updates that this policy is going to need I have a few of these in my own District so I I empathize with you um I am looking forward to staying tuned in to this one um depending on your representation to um to continue to work with the development uh to to see if there's equilibrium to see if there's a happy medium so again thank you guys for being here with us today and um I'm looking forward to the continued updates thank you Miss watlington thank you uh council member Molina actually hit on a couple of the points that I wanted to make um we're about eight months in to this udio being in effect um and exactly like she said we're seeing time and time again that there is a disconnect between the will of the community I don't care where you live in this community there's clearly a disconnect between what the community desires and what shows up in our policy and yes we understand that the folks who come down here are typically not the folks that are giving us thumbs up so there's a selection bias right that said it's very very clear to me that we've got to accelerate this work because we can keep coming here and I believe that my colleagues are speaking from a place of authenticity but we have to remember that we are empowered to make these changes so that we're not having these conver conversations every single month council member barari mentioned something earlier council member barari mentioned something earlier alluding to the idea that most of us sitting around this di are amable to making adjustments I absolutely would agree with that when we talk about who was on this Council to vote for this the fact of the matter is that four of the six people who did vote are not here anymore and so they're not dealing with the aftermath of what many of us around this diets lifted up as potential issues doesn't mean that we want to completely um walk back every single thing that is in the Udo but it does mean that using language from my colleague here a lot of this stuff was foreseeable and it's time to fix it so I would like to just say right now that at this point we've got to do something and to that end I know that we're not going to be talking specifically about policy today but we know that there's a couple of items sitting within the trans a and planning committee that are being looked at right now I challenge us to go further I challenge us particularly ACM bapson I challenge us to accelerate the work we have heard enough themes over the last eight months to put it into committee to start working around how do we make these adjustments so we don't have to sit before our constituents anymore and keep offering condolences to what we know is something we can change so second yeah so move Miss Brown thank you so much may protim I just want to say thank you so much I saw your book Miss Black when I was when it was dropped off we our packages get dropped off at our door and I was like wow this is amazing you're an amazing lady you really are and um when you come out and you express your concerns we definitely listen to Mr uh Brown thank you so much for meeting me on the property site I actually got to see the home and the vehicles parked inside of the KO property and when I walked up I initially saw a black gate all of the wooded area and um the cameras up there and I said wow who in the world owns all of this property and I said to miss the brown cuz I'm transparent I was like I wouldn't sell this this is beautiful me and my kids can be out here running and playing it's just a lot of lot of land but I also noticed that when you go down that street there's a lot of open area it go it runs to their home right the caac or the end of the road I would say cuz there's nothing else on the end except for the homes I physically wanted to see what the area was like and so Ed suggested always going to look at the site visual I'm a visual person so yes I'm running to the sites I know I don't know if everybody do it but I go to the sites I need to go to the sites because I'm KN and I need to see it and then I can put everything together into perspective this is really hard work the Udo the 2040 lot of difficult stuffff like books and pages of stuff so yeah I agree that condense going back and looking at it and see how it work and it's effective for everybody on the council for the residents to look at because at by we still looking at that no matter what goes on we got to come to I think Common Ground where we all can work together in a perfect world right that would be the best thing that we can do but we know there's going to be some type of opposition I would like to say to you Mr Brown and to the rest residents I know that we can come with Ed as the leader of this triangle to come to some kind of coming ground and work together but it says a lot about development when you invite us out there to show us specifically what it is and take your time out of your schedule to walk the area and show me cuz I had questions lots of them Bridget and Jeff drove me around in their car and I parked and I wanted to know and I wanted to learn so thank y'all so much for coming out I look forward to seeing Ed does as he head up this project it is his district and working together to make sure that we can come to some type of Common Ground so thank you'all so much pressure no pressure thank you Miss Brown so um I just like to say I want to thank the community for coming out in a level of Engagement Echo the sentiments of my colleagues but I also would like to thank the petitioner petitioner has been uh very comprehensive with me with meeting with as many Council MERS MERS is would like to and walking through this actual particular petition and the pros and cons to this so um I would say in addition that the the CMS impact is really significant Dennis I mean you're talking about an impact to schools like Sedgefield and Alexander Graham which are you know sedville is well north of Woodland so it's not p an impact just for South Charlotte it it it is an extensive impact as it relates to our middle schools in the city so this the bringing a new school online will have a ripple effect throughout that the entire Southeast area of Charlotte as well so and lastly I I want to just acknowledge that you know the comments around the Udo and um we have been very clear that the Udo is a living document so it's a policy that that council did adopt um with Incredible input from the community um not just one one touch point or two touch points a plethora of touch points but as we grow as a city and we begin to feel uh the effects of the Udo and and try to understand some opportunities for improvement we will do that it's a living document uh but it is our policy uh that that Council has voted on and has been years into making so thank you for your um the community thank you for being engaged please continue to stay engaged and I know that Mr Driggs will continue to lead you in the right direction as it relates to thinking about the the balance the pros and cons of this particular petition can I get I still have questions for the petion you did yes okay I'm sorry Mr mayfil thank you so I have a couple of questions regarding our language that we have in here because we have in here we use the language of what may be developed quite a bit but for the multif family for it not to exceed 682 so Mr Brown it would be helpful if we're talking about partnering with CMS to ask your clients if there is a willingness to actually designate and language some the ability for for diverse Price Point housing basically if we're going to commit to build a school are we creating housing for the teachers for the service workers that's going to help maintain that school are we looking at between this multi-level development we only have we only have up to or may develop 24 single family but we have language in here that gives flexibility Development Area SE may be developed with up to 24 single family detached homes the number of single family detach homes may be increased by three units by reducing the unit count in Development Area B so we do a lot of shuffling between the multiple areas identifying if there's a commitment for accessibility for our workers for that's going to be at that school for the families who may be attending the school cuz not everyone is going to come in at a specific socioeconomic price point we know that our teachers are not making the salaries for today's market that type of commit commitment will be helpful I would also like to find out we have in here and the proposes for the Innovative lot standards we know the minimum standard on on the sidey yard for a single family detached is only 5T well we also went through a pandemic the minimum we say is to have at least six feet away from each other in order not to catch basic germs it would be helpful because we have seen a lot of developments that have come out new bills over the last few years that 5 ft that extra foot makes a big difference in quality of life and accessibility for accessing your home something that may seem very simple like having your yard mow if you're not able to mow your own yard and you have a company come in to mow your yard that 5 feet if they are driving a larger machine and you have a landscaping company then your strawberry if you actually decide to plant Shrubbery along the side of your home that is going to be destroyed so something that may seem like a very simple step especially when we only talking about 24 single family units that one foot on each side to make it six feet could make a big difference in the quality of life for the individuals and also looking at what are we doing to make sure that this is a development that is attempting to reach our goals in the community of creating a truly diverse Community cuz having a school but having teachers having to drive an hour plus to get to and from that school versus having easier access and even all the service workers whatever role that they may play to keep that school up and running would be helpful to know that that was taken into consideration thank you do I have a motion to close public hearing I have a motion in a second to close public hearing all in favor raise hands any oppose that's unanimous we'll move on to agenda item number 41 petition number 2023 062 by white Point Partners the location approximately 2.59 Acres located along the south side of Commonwealth a west of the plaza and east of pan a in District One my district the current zoning is NC the proposed zoning is CAC 2 CD the staff recommends approval of this petition upon resolution of outstanding issues related to transportation and land use there's no opposition on this petition Mr mcain and Mr Lille will have 3 minutes after staff's presentation thank you thank you this site is just over 2 and a half acres along the south side of Commonwealth Avenue along the west side of the plaza and West sorry and east of pcan Avenue it's in the core of the plaza Midwood neighborhood and the southern boundary of the site ABS Independence Boulevard and the future rideway of the link Silver Line the site is current Cy Zone neighborhood center and that's as a result of The Pedestrian overlay that was over much of this area which translated several of the general Legacy districts to Neighborhood Center they are proposing to go to community Activity Center 2 conditional which is consistent with the policy map recommendation for Community Activity Center at this site The Proposal is to allow for all uses in the community Activity Center to district and it specifies four development areas as outlined on the site plan existing buildings May remain and Redevelopment would also be allowed in accordance with the Udo it specifies that new building new buildings in development areas A and B must incorporate ground floor activation by committing to set aside 35% of the ground floor area for commercial non-residential uses the petitioner also worked with the community to detail a note that specifies that if Redevelopment were to occur in areas A or B at least one small commercial space must be provided plan also specifies maximum Building height of 126 ft which matches what was just approved on the east side of the plaza as petition 202299013 outstanding issues the current adopted Silver Line will run along the backs side of this property and a light rail station is proposed just a short walk away Along the other side of con Avenue the adjacency to this forthcoming Transit infrastructure gives Credence to intensification on Parcels such as these that don't abut single family homes or other sensitive land uses and the rezoning itself sit in a transitional space between the neighborhood's most intense scale of development to the west of the site and the neighborhood center and neighborhood one type of development that we see to to the east and north of the site the zoning being requested in the scale proposed is reflected of is reflective of that gradual shift and in land uses and intensity and the cac2 district is being requested here for the site rather than cac1 because the cac2 district provides a little bit more flexibility in the vehicle parking requirements and so that could ideally lessen Reliance to personal vehicle usage and which in this area is relevant given the existing and planned public transit options that we'll have to bring this request more in alignment with the less in less intense cac1 District the petitioner opted to build in the height Provisions that align with the cac1 bonus menu options sought for any buildings above 80 ft this petition is consistent with our policy Maps recommendation and I'll take any questions following petitioner presentation thank you Mr mcain and Mr feron three minutes uh thank you mayor protown members of council members of Z Zona committee Keith mcvan with Mo Van Allen representing white point Partners uh Jay LEL with white Point partner sends his apologies he had a sick child uh that kept him at home tonight but uh he he will keep a breast of the petition as we move forward also here assisting us is Hattie penko writer with Land Design available to answer questions uh Russell Ferguson with the plaza Midwood Merchant Association is also part of our presentation we've been working with Russell as well as the Commonwealth morning side uh neighborhood association and AD Allen Nelson representing uh Commonwealth morning site is also here uh petition has been working with them since we filed the petition originally filed as a conventional have converted to a conditional as Holly mentioned to address neighborhood concerns uh and we will be making additional changes to the petition I spoke with Mr Ferguson and Email Allan this morning about additional changes the petitioner will be making to the petition to address additional concerns regarding membership in both associations contributions to their associations as new development occurs working with the city to redo the streetcape along Commonwealth Avenue at the time of Redevelopment uh one thing I do want to mention as part of this petition the empath emphasis or the empaths for this I get the right word EMP uh is is really not Redevelopment in the short term or even the near future it's really adaptive reuse of the existing buildings on the site cac2 allows us allows uh Jay and his Partners to do that without tearing down buildings to create additional parking so that's really why cac2 and then the conditions to address future conditions that might arise as part of Redevelopment Russell I'll turn it over to you mayor V Tim district one uh Council zoning committee good to see you guys uh we I'm here in my capacity as a board member of plasma wood merchants and uh as mentioned it's been a little bit late breaking but we you know we're we're here standing in support because we've been working with the the petitioner on this project with com with morning side Association which is also in the house tonight um and uh we're pretty confident that this next next couple steps we'll have everything refined on the site plan be able to support this going forward we've been focusing on The Pedestrian rail trail which will highlight what goes with the silver line behind uh streetcape improvements on Commonwealth which is something we'll be looking forward to working with cot on um with the community and petitioner together to make sure that fits the neighborhood and uh mitigating some of the construction impacts and some of the impacts we've been dealing with with construction so we stand here on the support side and and we'll be working with petitioner to get this right and other community members thank you very much for your time we're happy to answer questions thank you thank you I I do know I have a motion to close in a second do I have a second to CL all right uh before we do that I would say I I do appreciate working you working with both uh Plaza Midwood merchants and Commonwealth morning side as you know that that those communities are they support adaptive reuse and so I look forward to seeing the revisions of the site plans um as you have communicated with the community members and leaders thank you I have a motion in a second to close public hearing all in favor raise hands any oppose that is unanimous we move on to item number 42 petition number 2023 176 by Smith Douglas Holmes the location is approximately 14.85% Rock Road in District 2 Mr Grahams District current zoning n1a proposed zoning into ACD staff does not recommend approval of this petition in its current form and because staff doesn't uh recommend this petition after staff's presentation uh Mr colen Brown and Mr Padilla will have 10 minutes to uh State their case in support of it thank you all right thank you madam mayor uh protim and Council petition 2023 176 is located at the north east side of Paul Creek Road East of Little Rock Road sit's approximately 14.85% 240 policy map recommendation to the neighborhood 2 Place type pral calls for up to 127 duplex Triplex quadruplex dwelling units under multi-dwelling development use vehicular access to the site is from Paul Creek via Private Drive uh primary exterior building materials will consist of brick glass stone or synthetic equivalent stucco epas metals andenes or wood sighing uh vinyl may not be used as primary building material and concrete Masonry units are prohibited pitched roofs have a minimum of 412 um usable front porches and Stoops we prent features on units facing the public Street blank walls shall be limited 20 ft meter Banks shall be Lo located outside the rideway and screen for public view there's several outstanding issues on the site dealing with site and building design and one dealing with environment from urban forestry uh staff does not recommend approval in the current form the proposed development pattern is not compatible with the surrounding context of the area and the land use recommendation for the neighborhood one place type as the proposed is uh the proposed use is multi-dwelling development uh utilizing private alleys there are uh the area is not served by public transportation it lacks comprehensive sidewalk Network bike facilities and is not within a half mile walk or two mile bike or Transit ride of essential amenities goods and services happy to take any questions after Mr Brown's presentation thank you Mr Brown thank you may mayor protim council members Colin Brown on behalf of the petitioner Smith Douglas Holmes uh Joe Pia who many of you may know uh from his time in in the industry um is here as well thanks Max for that overview U as Max mentioned this is in the Paul Creek area uh in council member Grahams District the Smith Douglas team we did do some early Outreach with neighboring um neighboring communities we actually had a couple meetings with the board of the Northwest Coalition and have received their output uh their input as well actually got very good feedback from them uh as Mt pointed out there there's kind of interesting mix of uses we've got a school across the street we've got a fire station a church and then transition to the uh lower density single family neighborhood the feedback that we heard from the community we had the meeting was actually quite positive uh Sam Smith and I'll let y'all speak to him if you would like let him speak for himself but he did say to us hey this is this is the type of residential housing we're looking for and we're looking for for sale housing which is what Smith Douglas does uh we are pursuing an into designation uh so I won't get to the byright battle but uh as Max mentioned we're just talking about duplexes triplexes and quads uh but there are some design standards that make that pretty difficult under the N1 so we've done this as a conditional hitting on some of the themes tonight we've done a conditional zoning to have a site plan to have those commitments to have some architectural commitments like you've like you've heard and generally the community feedback we heard was this is positive uh they're they're excited about home ownership in the community uh and these are Smith Douglas's goal is to have a a relatively attainable price point uh so that is some of the reasons we are trying to manage uh our commitments on all the architectural features however we are we're optimistic uh staff has given us um some some points to work on uh we hope uh that in kind of following the hearing uh we can uh work with our design team the Smith Douglas team to come up with some some modifications to the plan that can help us earn staff support again we feel like the development uh type with his duplexes triplexes and quads are very similar to n1a and with some site plan modifications we hope we can get there happy to have community support and we'll take any questions you have oh yeah I have a question Miss ashir thank you um so Mr Brown you mentioned that it's uh we are looking at duplex Triplex and quadplex isn't that already allowed in N1 so was this filed before the Udo no and I don't to get into the what we could do under n1a yeah yes someone could this site under n1a we think we get a a better there's some things about uh n1a that make it pretty difficult for a traditional town home style layout um so I don't want to get into we could do this by right we we've kind of come in we said we'll go into we'll provide a site plan that people can see I think that's helpful for the neighborhood frankly I think they'd rather see an N2 conditional sometimes than we don't know what we're going to get with n1a so I think that's the response we've gotten so yes this product type could be built some some of this could be built by right we think this is a better plan all right we'll move to close I have a motion to close of a second all in favor closing public hearing raise hands any oppose that is unanimous we go on to agenda item number 43 petition number 2023 107 by pymouth Holdings LLC location approximately 12.3 Acres located along the north side of Rocky River Road and East side of John Russell Road in the etj closest to District 4 Miss Johnson's district and for the board of County Commissioners District three Mr dunlap's District the current zoning is NS poos zoning is intoa CD staff recommends approval of this petition upon upon resolution of outstanding issues related to the environment after staff's presentation uh Mr now and Mr Price will have 3 minutes thank you all right thank you mayor proam uh 2023 107 it's about 12.3 Acres on Rocky River in John Russell uh it's currently zoned Neighborhood Services which is a conditional District uh it is proposed to go to the n2a conditional District uh the adopted Place type on the policy map does show this as manufacturing Logistics mainly recognizing the existing use of um I believe is a nursery operation is that correct yeah uh so that's reflective of that existing use but actually the entitlements are for primarily a non-residential uh neighborhood you know serving type of commercial use uh under that NS zoning District so uh the policy map doesn't quite align with the entitlements but uh and it is inconsistent with the actual proposal that we're looking at uh but again I think it's uh generally in line with some of the uh previous entitlements and previous conversations about development on this property so uh with that we'll get into the proposal itself which is uh looking to allow up to 115 multif family attached residential units Town Homes uh also would allow up to 9,000 squ ft of non-residential units you can see that right there along the frontage of uh Rocky River Road uh they would also dedicate land for right away for ncdot uh for uh from the center line of John Russell Road uh as well as a center line of Rocky River Road also provide accessible sidewalk ramps and crosswalks and pedestrian signalization at that intersection of John Russell and Rocky River as well uh provide a 12ft multi-use path 8ft planning strip uh along both of those frontages uh and then 8ft sidewalk and 8ot pl uh landscape strip along uh Public Road one and public road two internal on the site uh would also provide some supplemental plannings around the potential uh storm water control area at that intersection as well you can see that just in that bottom leftand corner of the plan uh architectural details uh have been uh brought into the conditional notes as well and then it would also provide two amenity areas the first uh being a minimum of 5,100 square ft which would also provide uh two features including we not limited to things like a community pool an open air Pavilion grilling area Splash Pad Etc amenity area 2 uh could be a minimum of 1,800 Square ft and would provide uh amenity features which could include things like a dog park uh children's playground or a community garden staff does recommend approval of this petition just have outstanding items uh to work through related to environment uh like I mentioned it is inconsistent with the policy map recommendation for manufacturing Logistics but uh going to that neighborhood to place type would actually provide a little bit better uh compatibility with some of the existing single family uh that's out there as well as some of the pending uh development right to the uh east of this off Bailey run uh and Rocky River uh which was a couple recent rezonings that were approved that are are very similar in character and and development pattern uh as this request so uh with that we'll turn over to the petitioner and we will take any questions uh following their presentation thank you thank you so much Dave Paul panel with Urban Design Partners uh representing the petitioner on this uh particular petition tonight uh mayor protim city council thank you so much for your time this evening uh the site as Dave did mention is in fact a third generation Wholesale Nursery if you have purchased plants at a large box uh uh hardware store you have probably purchase plants from this particular location just further context to the south of the site the 12.3 Acre Site is Rocky River Road it's also adjacent John Russell Road which is moving north to south on this particular map it's a little bit of an up close view of of what is uh happening on site large portion of the large portion of the site is a grass uh lawn area and what you see primarily here is actually uh container grown plants on site that basically just get irrigated over time uh the that's generally the use of of the site today uh you can see to the north uh of the picture there uh that's the S Oaks Community to the South is the existing Buckley Community uh and then immediately across John Russell Road is uh the Redeeming Word Ministries church which we've been working with Pastor Mitchell as well uh far to the North on the top end of the of the picture there is actually the existing Nursery itself as Dave mentioned the existing policy map is manufacturing Logistics this is the existing resoning uh plan that's currently in for review as Dave had mentioned it shows 115 uh single family attached residential units along with 9,000 square ft of neighborhood commercial uh non-residential uh uses on site 9,000 square ft we have also conditionally restricted the number of units along public roads on site to four residential units to make sure that those buildings remain in general scale and character of the existing single family homes that are in the area today uh you can see two ponds on site one in the at the immediate corner of John Russell Road and Rocky River Road and then there's a ridge on site so we've got two drainage areas that we're having to tend to so that's the reason for two storm ponds on site uh there's another one to the the east of the site uh but just to go through a few of the community highlights here we've got 9,000 ft of neighborhood commercial uses Road widening along John Russell and Rocky River Road pedestrian signalization and crosswalks will be added at John Russell and Rocky River intersection 12ft multi-use path along John Russell and Rocky River Road Road uh we have committed to work with adjacent the adjacent property owner uh there's a 350 ft gap between this development and um the uh oh gosh it thr a blank Bailey run excuse me Bailey run we're working with that property owner to actually close that multi-use Gap uh so we'll be working on that uh let's see here we are oh all residential units do have their own fulllength driveway so it'll be a two-car garage and full full length driveway for all of the town homes uh and then also we're going to be uh sending in an annexation application to to be to request to to come into the city of Charlotte as well architectural features uh thank you if you have any other questions we can handle them during the Q&A any questions Miss asir yes thank you so much yes I'm very familiar with this site I don't live uh far away from this site and in fact I've been there for plans I know you were going to mention something about architectural so before I ask my question do you want to finish that yes I do thank you for the additional time uh Toll Brothers will be the Builder on site so it is a a higher-end home builder um and we have certain architectual features that are going to be incorporated into these residential units uh three-story but they're all going to have their individual roof lines they'll have very nice architectural uh detailing along those facades to make them clear residential units for each of the IND individual units and most importantly these These are going to be for sale units as well so this is not a rental Community this is a a for sale product uh for this area yeah I was I was just going to ask that question so thank you Mr panel for comprehensive presentation as always I'll move to close if there are no other questions Miss Johnson thank you uh thank you Mr panel thank you for the presentation and I just want to say for the record that he has worked with the residents and I know in 7 Oaks did you say in Buckley also you reached out we have worked with the community members uh beginning in June and July of last year with Buckley HOA the S Oaks HOA uh we're currently in discussion in discussions with the pastor at Redeeming Word Ministries which is right across the street uh and we've also been working with veretta Mitchell and finco I believe we initially engaged them in June of last year so it's been some time to make sure that everything is in place prior to presenting the petition to council tonight I I appreciate that and I know you worked with finco but this kind of borders District 4 and we we now have our own Coalition uh the um can't it's the District 4 Coalition so I i' like to introduce you to those folks please yeah they're doing great work but um I just want to thank you because Seven Oaks was highly opposed to a development last year so for them to be on board um it speaks volumes about the petition and I appre appreciate your working with the community on this and and just being very engaging with me as well so thank you move to close I have a motion in a second to close public hearing all in favor raise hands that's unanimous we move on to agenda item number 44 petition number 202312 by FCA LLC location approximately 5.03 Acres located at the dead end of Christy Lane North of Douglas Drive east of Ste Creek Road in District 3 Miss Browns District current zoning n1a Ando proposed zoning ml2 CD a n Doo staff recommends the approval of this petition upon resolution of outstanding issues related to site and building Design After staff's presentation Mr Brown will have 10 minutes to present and Miss Stephanie Lance if you would come make your way down you will have 10 minutes to speak in opposition thank you thank you petition 202312 is just over 5 Acres located on the Northern end of Christie Lane East of Steel Creek Road so it's adjacent to uh SE Creek Presbyterian church and about a mile south of the airport current zoning is n1a within with within the airport noise disclosure overlay proposed zoning is ml2 CD airport overlay 2040 policy map recommends manufacturing and Logistics Place type uh petition there's no site plan associated with the petition however there are two conditions um which state that it would permit all uses allowed in the ml2 zoning district and also specifies that Christy Lane may not be used as an access for manufacturing and Logistics uses that access would have to be provided through uh adjacent ml2 zoned Parcels there is one um outstanding issue that uh staff is echoing a comment from the Charlotte mackenberg historic landmarks Department that is requesting um a conditional note that the uh petitioner continue on ongoing conversations with historic landmarks to relocate an historic home um there's an 1860s home on the property that was a amance associated with the adjacent seal Creek uh Presbyterian church so that is a request that staff is is maintaining um otherwise the petition is consistent and staff is recommending approval thank you thank you is Miss Stephanie Lance present can she she had to leave but she I'm speaking up okay um okay that's thank you for that Miss Brown because if she's not present we don't have opposition so Mr Brown you will have three minutes okay I'll speak in three minutes I did speak with Miss Lance today she does have concerns it was I I did not she did not attend our community meeting um we did a mailer to her HOA she says there's a different president so she was just getting up to speed I spoke with her this afternoon I sent her a copy of the presentation and told her we'd follow up I met I let council member uh Brown know that as well uh so we will certainly uh follow up with her but um good overview from Joe uh as he mentioned uh my client Foundry commercials here bill simerville is with me we've got a 5 acre parcel that is really kind of an island uh surrounded by ml2 zoning everything around it is owned by the city of Charlotte um so our goal is to bring this into compliance with the zoning around it here's the 20 240 plan as you see that kind of fills in the doughnut hole makes a lot of sense uh Joe mentioned we do have an we we did put this into a conditional environment too so that if there were issues that would come up and if U Miss Lans has a a concern that we can address we'll be able to address that through a condition uh the one that we we we did have neighbors attend from the Christy Lane Community they wanted to know that their Road would not be used to serve a larger development so that is the condition that we've included that Christy Lane would not be used for that uh the other condition uh is about the existing home on the property which is historic uh last Monday at their most recent meeting the historic landmarks commission uh voted to approve a measure that will uh accommodate the relocation of this home so that coordination is ongoing happy to answer any questions you have and I'll follow up with you and Miss L you know after if you got any feedback I'm happy to take it Miss Brown yes thank you madam mayor ptim thank you Mr Collins um so she did leave but she sent me information and I just she was concerned about transparency not knowing about the meeting I know that you said that the meeting was sent to a previous HOA and then there's a new HOA now but how are we getting the information out to the community for engagement so that they'll know exactly what's going on and then how much engagement did we send out because shees so the city um and staff can add in they're of course the rezoning signs that are posted on the property notice is published the city provides us with a list of names to mail to okay and part of those there's a a registered neighborhood leader list and so on that list we had four HOAs and we had a name so we mailed when I talked to Miss Lance today I said hey I don't think you came to the community meeting I said hey we mailed she said that was our former president that addressed needs to be updated um so though we did have attendees at the meeting some folks that lived on Christy Lane she did not so I did say hey you need to have your HOA update the contact information right so what are we going to do going forward since there's an outstanding number of people that are concern about the project W with this situation I think we're going to follow with Miss Lans like I I called her immediately I didn't know there was opposition she signed up I called her this afternoon once I saw her name I called you we'll I'll be happy to facilitate a meeting so my satisfaction would to Loop me in okay and then I can advocate for them and we can speak um to your you and I work together so it's not a problem but when I have a constituent that have a concern and they bring it to me I just want to address it and I want to be fair I understand too I felt a little flat footed I didn't I don't even know what her concerns are either so we'll talk about that all right thank you m Johnson thank you mayor protim um our colleagues may not my colleagues have may not have had a chance to see the email but we did receive an email from um from a constituent or a representative earlier today um letting us know that there were numerous residents that had not received the notice we also had individuals at last month's meeting and council member Brown I don't know if you were here I think you were here yeah but there were um residents that hadn't received the notice so if it's something from a city perspective or city side that we need to take a look at to ensure that residents are getting the notice then we definitely have to to to do that and also like you said this is an opportunity for to make sure that we're intentional about having another community meeting for those residents we're having it's not a good look for us exactly yeah yeah Colin does a great job you do a great job Colin I agree um and then the 1860s home is there's is there like U is the historic commission is leading that transfer or what's what's going to happen with that it it sounds like there's recently developments between the petitioner and the there there's another historic property in the area that is owned by the city of Charlotte um here where the old church is there are discussions about relocating the um house on this property to that site which is right there and historically relevant to it so that conversation is ongoing uh but the historic landmarks commission um did approve uh an agenda item last Monday to help that conversation Move Along okay that's all the questions I have thank you missir so Mr Brown you said that you talked to Miss Lance briefly but you didn't know what her concerns were correct that's right I I called her this afternoon and she asked me a variety of things she asked about the historic structure so I had to I had to get some information for her as well so we're going to follow up and I I'll loot council member Brown in so she can attend thank you so much move to close second second question Miss Waton has a question yeah my question is actually for staff um some time ago we made a move to change the um notifications to include next door and I just wanted to know what the status of that was if that was still happening and to and to whom are those notifications being sent we we are using next door da probably you might have more details on how it's used but that's been going on for at least a year probably a couple yeah so we do use next door uh every month we send out notices for uh petitions that were just filed so we've been doing that for I guess about I would say two and a half probably get close to three years now I would say uh it was started back I think even pre pandemic we had some of the conversations about it uh and so we do send those out we send things out within a mile uh of the subject property whereas our mail notices are only three ft so we're capturing a whole lot more uh but it's also you know predetermined on if folks actually have access to the app and use it uh but it is capturing a lot more uh residents that we normally wouldn't get through our mail notices just through that online platform so uh it is seems to get a lot more uh like I said folks noticed of petitions but we don't do that for uh public hearing notices we just send those out via mail uh but we do all of our courtesy notices so like soon as something's filed we let folks know uh right out of the gates that there's a petition in their neighborhood like said it's it's within a mile of of the site so it captures a whole lot more than we do mailing wise okay I'd like to dig into that a little bit more just I'd like to understand um how that overlaps with our neighborhood contact list and our neighborhood Representatives because if they don't happen to live within a mile because of where the parcel may be situated or whatever I just want to make sure that that is um that's captured overall so if I could just have a a quick report or some kind of data that would show who's touched where yeah um and how that overlaps with how we're reaching our neighborhood leaders through some of our other communication channels that'd be great yeah and I think the other part about what Colin was mentioning earlier uh you know the neighborhood leader list is also determined by the folks that go in and and update it and maintain it online so if there hasn't if somebody left that neighborhood organization and didn't provide a new contact then we we still have the old information in our database so uh but yeah we can certainly catch up more offline and talk through it a little bit so be happy to do that yep Miss Brown has a followup yes thanks again um mayor protim I understand I really appreciate that so I know I want to um make sure that I know the process with how we know who gets the information and um I was told you know by the constituents that only one person got got it so we sent it out to all of those outlets and it's not specific to you but how do we know they're they're getting them and you know and I just I would like to be in the no for that because to say if it's one or two people that don't get it but um this is a massive amount of people that say that they're not getting it right so you know we we kind of use snail mail you know as y'all give us addresses we mail them um I'm always happy when someone attends the meeting so we know that so we had attende at this meeting um the particular Miss Lance who I spoke to today cuz I said you know what is your neighborhood we mail to four she said that the the the person whose name was on um on the list was no longer with the HOA so I don't know I'm happy you know if if she's got a group that wants to meet with us we're happy to meet with them I'll be um leading that effort with you to make sure that we're just fair and then when we come back okay because it's one thing for we make a conscious effort to make sure that they get the information and then if they get the information and don't come then we've done our due diligence right and I just want to make sure that that is what's done in this case because there's more than 10 people that said that they were not aware today and couldn't just you know stop working on a Monday night and be here so I'm happy that we heard from her today so we can least talk about it now and yeah because if she had not spoke up we wouldn't know anything I moved the close got y i I already have a motion in a second but we have Mr Driggs I didn't know you Mr dggs I'm sorry no problem and then Miss Johnson follow okay you too sorry Miss Brown I just wanted to point out there is a long history of unreliability of that list there's a procedure that says you have to use this list and mail to those people if the neighborhoods don't maintain current information on that list then the mailings don't reach the people that need to see them I understand and so uh what I've done is tried to independently kind of look at what neighborhoods in question find out about the HOA and connect personally it's just a suggestion but I'm saying don't rely on that because uh it's notoriously unreliable it's always been a problem M Johnson no no I have a question about I have a question about the process so we did have opposition however the opposition didn't make it tonight so is this considered a no oppos opposition petition so that it would be eligible for consent agenda next month yes you can always pull it but frankly I think it's fine with us and I think council member Brown would probably pull it anyway so we'll just we'll just treat it like it had opposition and we we'll treat it that way you want to make sure that you pull and then when is the last time that the the rezoning signs were updated sign the actual sign in the neighborhood when when's the last time those were updated when's the post or when the when it was the four format yeah I mean have they been updated in recently cont yeah they they've gone through some Reon recent updates um but mainly it's just the way the font and and lettering looks on the sign they're I think curved signs now instead of straight signs with hard Corners so not any real significant uh updates to it other than just how the sign is treated with uh you know font size and information but outside of that that's no real material changes other than just appearance because it's it could be said that residents don't know what that means you know so maybe if the signs were more uh clear if there were um what is it the bar the QR code or I mean that might be expensive but if there's something uh change is coming or something just more clear or you know it's a I mean the the Z with information on that's pretty standard you go you know just about any jurisdiction in state and out of state has a similar sign if you're in different communities they typically have something that looks like ours does uh some I've seen have QR codes we've talked through that there's a different expense to that just the way we print manufacturer signs we'd have to generate a QR code individually for each one rather than being able to maybe reuse and reproduce the signs over time so and it's also something we were concerned if folks have one are they going to be driving trying to scan it while they're driving buy it so there's pros and cons to it but happy to talk through it again and rethink if there's some ways we can approach a different well just something more clear we want engagement because you know there are because even if they didn't get the notice they they see the sign if they live close enough to it so if they know change is coming we are growing or something just very plain English that makes it clear to Residents so um so there's this there's an equitable representation you know areas like Balon time we saw you know 20,000 people they very engaged and understand the pro process but we've got to do better um as a city and Outreach to you know to individuals throughout the city so and I just think the sign it might be a loow hanging fruit just just to be clear that there's a petition or you know contact City or something or you know I just think yeah we can certainly take a look and see if there's tweaks that can be made uh and then work with the folks that manufacture the science force and see that see if there's anything that can be changed okay that's all I have okay okay I have a motion in a second twice to close public hearing Miss Brown you have a pressing comment I do because it's my district everything I say is pressing in that District Miss to sorry she's up there mind go ahead oh okay go ahead so everybody can't put together a book like this this amazing Miss Black she's amazing we you know get her to do some things but we have to advocate for our constituents and they have this is is for staff Cuz Mr Brown is a fair person we have a working relationship which I think is pretty positive when we mail out those tax bills they go to the right address and when we collecting money for the city we get the right address or we find a way to get it to the right address this is just real stuff and some of the zoning signs are on dead end streets a lot of people don't really know how to get mobilize so that's what I intend to do just help them mobilize and this is a part of it understanding what their rights are as their representative to be fair across the board and I think that with wrong addresses I think the process we failed them let me just say that now I move to close Okay okay let me just let me let me just make a comment on that real quick uh addresses are provided to us by the county tax system so we generate all of our addresses from what's on the tax record so uh addresses and and mailings are generated from that last address that we know for that property owner whether they live on the property or they live in another part of the city another part of the state another part of the country uh our addresses come from that same database so uh they get mailed out in the same way US mail but we do understand that some people get those with the zoning notice and maybe don't open them the same way they look at when they get something from meberg County that says this is a tax bill so uh certainly understand that there's maybe some things we can look at to improve on but we do get those addresses from the same place so I just want to make sure everybody knew that thank you okay so we have a motion to close in a second Miss watlington has a comment yeah just as a followup to that just I want to make sure I'm clear Mr Mr Patton those tax bills go to owners not renters so so these are only going to owners yeah these our mailing list goes to owners of property not not physical residents okay there's an HOA list over a certain distance and then there's a neighbor H is a mile yeah 300 ft just to be clear about that right you got the you got the mailing to the uh those addresses which is within a certain smaller distance and then HOAs within a mile and it's the HOAs is what breaks down yeah I understand and the HOA is they they under their own addresses in that database the addresses we pull for the 300 ft or from correct tax record all in favor of closing public hearing raise hands all right come on let's keep talking that is unanimous all right um we're we're going to move on to item 45 I will say we have 13 more petitions to go through with two that have opposition so when we hit the 10:00 hour we will have to make a decision if we don't move through these 13 um we're at uh agenda item number 45 petition number 2 23 one and on the west side of Southern Pine Boulevard just south of Arrowwood Road in District 3 Miss Browns District the current zoning is ml1 the proposed zoning is cgcd Staff recommends this petition and after staff's presentation perar takar will have three minutes to present thank you thank you petition approximately 1.14 Acres located on the west side of Southern Pine Boulevard just south of Arrowwood Road current zoning is ml1 proposed zoning is CG CD 2040 policy map recommends campus Place type and similar to the LA last petition there is no site plan um just a one bullet of conditional notes uh noting that use is limited to office and accessory uses and will be developed under the standards of the CG District uh and while the the uh Place type it may be inconsistent with the place type The Limited use uh created by the conditional note um actually makes it consistent with the uh campus Place type uh there no outstanding issues and staff recommends approval and I'll take any questions after the petitioner's presentation thank you you have three minutes good evening um I it was my understanding that our submitted site plan would uh have been shown so we did not present uh or prepare a presentation um we do have one uh Our intention is to build an office on this on this uh site we'll be our personal office for our company and our business uh and so that's our intention for the for the location excellent any questions do com Miss watlington yeah what kind of business just curious we're in the Hotel business okay yeah move to close second I have a motion to close in second uh all in favor raise hands I'm good any in opposition that is unanimous all in favor all in fav yes thank you thank you sir we'll move on to agenda item number 46 petition number 20231 132 by Mark Talbot Freedom communities the location is approximately 1.67 Acres located alongside the Southside Tua Road and the north side of Roger Street West of kendelle ab in District 2 Mr Grahams District the current zoning is URC CD proposed zoning is nccd Staff recommends approval of this petition upon resolution of outstanding issues related to the site and building Design After staff's presentation Miss Allison maramman will have three minutes to present thank you thank you all right thank you mayor Pro time 2023 132 is 1.67 Acres on Tui also has Frontage on the back on Roger Street uh it's currently zoned URC conditional uh which is an urban residential commercial District uh with site conditions uh the proposed zoning is for Neighborhood Center conditional uh the adopted Place type for uh this location does call for neighborhood one but you can see we do have Neighborhood Center uh just next door as well as across the street there at Fern Avenue on on either side so uh this would if this resoning was approved would change this area to that same color of of Neighborhood Center uh that you see here on the map just adjacent to it uh the proposal uh this is a petition I alluded to a few times earlier tonight uh where it started out as conventional uh they listened uh intently with the community raised some concerns uh and they all worked in Partnership uh to try to pull together some conditions that would satisfy and alleviate some of those concerns which According to some emails as afternoon they were successful in doing so and uh the neighborhood is is supportive of the request uh the the petition doesn't have a site plan it just proposes uh the following site conditions uh so they have use restrictions so uh allowing uses like art galleries Office Child Care Center Child Care Center large uh Community Center cultural facility government office facility place of worship uh community garden uh all the uses you see listed out on the slide would be permitted uh any uses that are not shown that are still allowed in the NCD District uh should the rezoning be approved would not be allowed it would only be the uses uh that are shown here on the slide uh it proposes to also limit structures on New on the site to 40 ft and two stories uh compliance with the the post construction storm water regulations of the Udo uh have been committed to it does also uh propose that to the extent that any building site element structure located on the site uh or any of the use being made of any land uh building site element structure located that fails to meet current Udo requirements uh would be able to be uh remain on the site and continue on the site without having to meet current ordinance requirements uh that is a note that uh is a bit redundant we do already provide for that in the Udo so we're working with them to try to clarify if that's needed or if it can just be removed that's one of our outstanding items uh that's listed in the staff analysis uh and then there's one additional note that was uh provided and that states at such point when the existing use is discontinued or the existing building or structures Dem and full sight compliance is triggered uh that the required 25t Class B landscape yard would be provided in its entirety adjacent to those neighborhood one place types uh so those are the site conditions uh that would be uh employed on this site should be approved uh and they would be able to continue to develop the site with some uses uh according to those site conditions again staff does recommend approval of the petition do have those outstanding items related to site and building design to work through uh while it's inconsistent with that neighborhood one place type uh the existing use and the existing zoning and the site conditions uh taken it to that neighborhood center district U give us a little bit more Comfort to to that inconsistency and feel that it's a reasonable transition uh and again staff is is supportive of the request and we will turn it over to uh the petitioner and take any questions following the presentation thank you thank you Miss maryman good evening Allison maramman I'm with Land Design I'm working with Mark talbet and the freedom communities on the project it's probably more appropriate for Mark to go through the purpose of the rezoning but I'm happy to answer any questions that you have any questions close right second I have a motion to close public Hearing in a second all in favor raise hands that is unanimous thank you Miss Marian we'll move on to agenda item number 47 petition number 2023 150 by Karen Windgate location is approximately .51 Acres located on the east side of South trian Street south of East Arrowhead Drive and west of North Hill Circle in District 4 Miss Johnson's District the current zoning is ml2 proposed zoning is IMU staff recommends this petition and after staff's presentation Miss Wingate you'll have 3 minutes thank you thank you petition 2023 150 is located on the east side of North Tri Street south of East Arrowhead Drive and west of North Hill Circle size approximately 0.15 acres and is currently developed with a vacant retail building site is Zone ml2 manufacturing and Logistics the proposed zoning is IMU Innovation mixed use a conventional District 2040 policy map recommends the manufacturing the logistics Place type the IMU district is inconsistent with this place type however the site is adjacent to the community Activity Center um and is adjacent it's but it is not adjacent to any neighborhood one place type or developments and is located along the lyns blue blue line and located within half a mile of a transit station this is a conventional resoning petition there's not an Associated site plan and would permit any use allowed in the IMU District staff recommends approval of this petition and I'm happy to take any questions thank you Miss Wingate you have three minutes thank you very much I'm here to answer any questions you may have thank you any questions yeah Johnson can you give some specifics about the uh the the development can you give us some information on so initially this property was zoned to I2 the property went under contract prior to the June embarkment of the Udo I too would have allowed a laundromat and that's what the buyer of the property wanted to install um I to allowed some Community supportive uses that ml2 does not so when the property owner and his team realized that they could not sell to a laundromat operator without having the property reson the contract fell out the property owner was forced to reone and planning suggested that for Community uses we seek this IMU zoning okay okay but that but that contct for the purpose of bringing neighborhood uses like a laundromat okay all right thank you move move to close second second I have a motion to close public hearing and second all in favor raise hands that is unanimous we'll move on to agenda item number 48 petition number 2023 154 by UNC Capital LLC the location is approximately 7.17 Acres located on the south side of York Road and West Side of young blood Road in the etj closest to District 3 Miss Brown's District as well as uh Board of counting commission district 6 Miss Rodriguez mcdow's District the current zoning is in onea proposed zoning is in2 B CD staff recommends approval of this petition upon res resolution of outstanding issues related to site and building design the environment and transportation after staff's presentation Miss Grant you will have three minutes to present uh to the petition thank you thank you petition 2023-24 Acres located on the south side of York Road West of young blood Road current zoning is n1a proposed zoning is n2b CD 2040 policy map recommends neighborhood one place type for the site proposal is for an age restricted multif family stack development with up to 160 residential units limits the number of principal buildings to two provides a 10-ft Class C landscape yard with a 6ot opaque fence or adjacent to N1 zoning and place type preserves 10% of the site as open space Also commits to Transportation improvements including access from both York Road and Young Blood Road right turn lane at York Road access with 150 ft of storage and a 100 foot taper an 8ft planning strip and 12ft shared use path along the sight's York Road Frontage and an 8ft planning strip and 8ft sidewalk along the s's Young Blood Road Frontage it is inconsistent with the neighborhood one place type recommendation however the age restricted development will provide an additional Housing Opportunity for this growing segment of our community um the site is adjacent to a neighborhood center Place type to the east across Young Blood Road um staff does recommend approval upon resolution of outstanding issues related to site and building design the environment and transportation and I'll take any questions after the petitioner presentation thank you Miss Grant good evening um mayor Pres members of council members of the zoning committee Bridget Grant land use consultant with Moren Van Allen I am pleased to be here tonight representing Mary young with UNC capital and Brian Crutchfield with Timmons is also here to support us we are all committed to getting the all of the petitions done tonight so I'm not going to duplicate everything that staff has said just wanted to highlight we did have some concerns from the community specific to a maximum Building height of 60 feet across the site so we're going to submit revised plans this week that limit the height on the back portion of the building closest to the existing single family residential to a maximum Building height of 49 ft from the base of the building and then the area that's shaded in blue to the front will have a maximum Building height of 60 ft with a pitched roof and so the neighborhood was very happy that we made those accommodations we've also committed to having the building no closer than 64 ft from the property line again we're pleased to say we have no speakers in opposition tonight and we'll able to address all the staff concerns moving forward happy to answer any questions thank you Miss Grant it does look like you had uh pretty high Community engagement to at your meetings any comments do I have a motion to close public hearing I have a motion and second to close public hearing all in favor raise hands that is unanimous we move on to p uh agenda item number 49 petition number 20231 155 by CH Land Company LLC located approximately 16.1 5 Acres located on a Northeast intersection of batty Ford Road and Trinity Road South of Lake View Road in District 2 Mr Grahams District current zoning is CG and n1a proposed zoning is into B CD staff recommends approval of this petition upon resolution of outstanding issues related to the environment and site and building Design After staff's presentation Mr carmichel will have three minutes to present thank you petition 2023 155 is located on the north North East intersection of B for Road and Trinity Road South of Lake View Road the site's parsly 16.15 acres and it's currently developed with three single family homes uh the current zoning is n1a neighborhood one and CG General commercial the proposed zoning is n2b CD neighborhood 2 um the 2040 policy map recommends the commercial and the neighborhood one place types for the the site the n2b district is inconsistent with the N1 and Commercial Place types um approval the petition would revise the 2040 policy map to the neighborhood two Place type proposal calls for up to 147 duplex triflex quadriplex and multifam attached dwelling units including up to five live work units following Transportation improvements are proposed vehicular access proposed via Bates Ford Road and Trinity Road via a new public Street plan proposes two uh uh proposes a new public Street throughout the site uh southbound left turn lane with 150 ft of storage it's proposed for access on B for Road Northbound right turn lane with 100 ft of storage is proposed for access on B for Road uh improvements are proposed to the existing bus stop on Trinity Road following architectural requirements are proposed all buildings will be limited to no more than five units per building primary E Primary exterior building materials will consist of brick masonry stone stucco Cen or wood siding ephas vinyl Masonite may not be used as primary building materials uh the buildings adjacent of Bates Ford and Trinity uh will front on interior streets pitched roofs will have a minimum slope of 512 all Corner in units will have wraparound porches or Stoops blank walls should be limited to 15 ft on uh front and side facades facing public streets maximum building Heights limited to 48 ft following landscape streetscape and site improvements are proposed 12ft multiuse path and 8ft planning strips will be installed along B for Road 8ft sidewalk and 8ft planning strip along Trinity Road uh there will be 20 visitor parking spots and a minimum five commercial parking spots for the live work units uh 25-ft buffers is proposed along batty Ford Road staff recommends approval of the petition upon resolution of out seeing issues related to site and building design and the environment or um as the proposal increases the variety of housing types in the area the majority of site is providing duplex Triplex and quadruplex blowings that are generally in alignment uh with neighborhood one place type also proposes five live work units that may provide small scale neighborhood oriented businesses that align with the commercial Place type um and the site is adjacent to elementary school a Regional Park Shopping Center several churches and within a TW mile bike or Transit ride of Neighborhood Activity Center uh and I'd just like to note that since uh staff's analysis was drafted cot has clarifi that they do not have any outstanding issues I'm happy to take any questions um following the petitioner's presentation thank you Mr carmichel thank you um Madam mayor Pro 10 member of city council and the zoning committee I'll be really brief because I know we're under the gun here and I Max did a good job um I'm just going to show you the site plan once again the request is to allow up to 147 drawing units they'd be comprised of quadruplexes triplexes and duplexes and one building with up to five drilling units and that's that's where the uh live work units could be located this is the site plan briefly this is trendy it's it's kind of rotated but this is trendy Road this is batty Ford Road these are the access points um all of the units would be front loaded units there'd be a 25t wide Class B reverse frunch buffer located along a Ford Road along with an 8ft plane strip 12ft sidewalk and Street trees there'll be an 8ot plane strip and a 8 foot sidewalk on Trinity Road um each unit would have a garage and a 20ft deep driveway there' be on street parking spaces 20 of them to provide guest parking all the units once again are quadruplexes triplexes or duplexes duplexes except for this one on batty for Road they could have up to five units and that's where you could have the live work dring units we did have two Community meetings we had one on January the 3 and then we just had a follow-up meeting a few weeks ago on February 27th we did a report for the January 3rd we did not file a report for the one on this 27th because it just happened and it was after the 30-day deadline but we had a fault meeting with the neighbors and and that went well we're happy to answer any questions thank you Miss Johnson thank you mayor protim I I couldn't hear you Max that well oh I'm sorry um could got to get you an extension you all you both mentioned the five live work units right I don't know that I've heard that term and then you you were describing it but I couldn't understand well it's a it's a it's a dwelling unit that you can have commercial uses as well that are allowed in that District so for instance in a town home unit council member Johnson the first floor could be devoted to a non-residential use like an office or commercial use and then the owner occupant would live above the the live work component so it' be like a little mix use unit like I could have a if I went out on my own I could have a little town home and have my Law Office in the first floor and could live on the second floor that's pretty cool yeah but not but it's not is it's not retail it's not consider it could be okay okay so there'll be five of those units up to five up to five in the one building right is it residential also in that building yeah okay so they they would live the owner of the business would also live in the unit I mean there if there's not if someone didn't want to have a business they wouldn't be required to but we're allowing up to five live work units right there I don't know I I haven't seen any in Charlotte but that's under the great idea if we think about that when we talk about upward mobility and certain areas that's yeah there's a few around I think on um 115 and Cornelius there's several um it's not real common but there are some in the county there's a house in District 4 that they have their business out of that it's a residential unit too yeah okay okay I think it's cool all right that's all I want to know thank you it's a good idea yeah do I have a motion I have a motion to close and a second all in favor raise hands that's unanimous we'll move on to agenda item number 50 petition number 2023 166 by milb Milbourne devant the location is approximately 3 3 96 Acres located on the northeast intersection of pikney a in East 28th Street south of ma a in District One my district the current zoning is nc1 the proposed zoning is NCD staff recommends the the approval of this petition and after staff's presentation Mr David Murray will have three minutes thank you thank you this site is just under half an acre at the intersection of pikney Avenue and East 28th Street south of M maon Avenue in the Nota neighborhood as you can see the site is on the edge of a lot of the mixed use and dense commercial areas of Nota as well as the residential to the east the site is currently Zone neighborhood 1 Center neighborhood 1 C sorry and they are proposing to go to Neighborhood 1D which is just one step up in that zoning classification for the neighborhood one districts this request is consistent with the polic m recomend Commendation for neighborhood one on the site and the surrounding single family area this is a conventional petition so we don't have a site plan staff recommends approval the S slot locational context on a corner lot as well as its adjacency to the community Activity Center Place type warrants a request in a slightly more intense N1 District but just by step the n1d and n1c District also have the same allowed uses but the n1d district would allow for a little bit more flexibility in these zoning regulations such as law dimensions and I'll be happy to take any questions thank you Mr M you have 3 minutes thank you mayor Pro Tim I'll be brief uh if anybody has any questions I would be happy to answer them thank you I do not have any questions from as a district rep I'm good with this one any comments move to close second I have a motion to close public Hearing in second all in favor raise hands that is unanimous thank you Mr Murray we good night for you Mr Murray we'll we'll move on to agenda item number 51 petition number 20236 7 by Beacon properties located approximately on 5.62 N Acres located on a west side of atando Av north of North trian Street and district one my district the current zoning is ml2 proposed zoning is IMU staff recommends the approval of this petition and after staff's presentation Mr Brown will have three minutes thank you thank you this site is 5.63 Acres just north of North Tron along the west side of aond Avenue in an area where we have a lot of industrial but we're seeing it transition away to allow for more diverse use diverse mix of uses um and you'll see that we've had a lot of to rezonings along the north Trion portion of the street and the current zoning is ml2 manufacturing Logistics 2 and they are proposing to go to Innovation mixed use that is inconsistent with the policy map's recommendation for manufacturing Logistics it is a conventional petition so there is no Associated site plan although it is inconsistent with that recommendation for manufacturing Logistics this is an area that we're seeing transition away from those strictly industrial uses and also it's important to note that it is part of the North Graham North Trion Street corridors of opportunity influence area so rezoning it to innovation mixed use would allow for a mix of uses that better aligns with the four doors of opportunity intent and goals it is inconsistent like I said and we are going to see a lot more change coming along atondo Avenue I think we just had another IMU petition approved last month just across the street um and this is a conventional petition so I'll keep it short I'll take any questions following petitioners presentation um and this is keeping up with a theme that you've heard from me over the last couple months of these reings from the ml districts to to an Miu uh this area on atondo is the one that council member Molina uh mentioned a couple meetings ago it's kind of near to near to her cuz it's a place where businesses have a place um as you probably know uh my client Beacon Partners Pete Kidwell is here uh with us tonight Beacon owns a lot of those industrial buildings indicators of that kind of clientele uh so they're looking at this Corridor it is changing as you know that when we change to ml2 it only allows the very heavy stuff so if someone wanted to use that building for an office they can't under the current zoning so the reason to the change for the IMU here it it it does still allow them to cater to a lot of those businesses um we did have we had one attendee at the community meeting it was a it was a property enter next door that had kind of the same questions of hey we see this area changing um so anyway the feedback we got from him was positive I think this is move in the right direction this is not a this is a conventional so there's not a plan because they don't know what's coming but I do think this is maybe okay in these where we're seeing really a down zoning from the very heavy ml2 use so happy to take any questions thank you Mr Brown um I I do agree that we've seen a trend here along atondo Avenue with these rezonings um and I I I feel like it's aligned however I just want to have Greater Community Connection so as we did similarly with the last petition in this area if we can get in contact with some of the business owners this is a heavy business business Corridor uh if we can get in contact with some of those business owners and get their input I think that would be um very help helpful for us to be proactive in that regard Miss Johnson thank you we talked about last month you we can talk to them that's proactive but developing policies to assist these small businesses is more proactive so I I asked um Ed at that time I think um Tracy was was here and I asked if we had any policies and Allison I think we also I don't do you do you have any information are we looking at policies for um small business displacement that's what's going to happen in in in city um as these neighborhoods are changing yeah let me follow back up with Tracy on that we did she and I did connect about it but I just need to check back in with her and I can provide a followup uh back to you okay thank you and so from um from our committee perspective that's something we definitely should take a look at this is not new this not a new problem but we're behind the eight ball so if that's something we can take a look at our our businesses we're going to suffer the way that our residents have thank you thank you Miss Molina uh thank you madam mayor protim and I just I want to add to that um Colin first thank you for acknowledging that um I definitely know you to be a real honest broker he spent full transparency like three hours with me at a meeting with Community last month um and they had a ton of um questions and things of that nature and you're absolutely right this place this area I do see it changing it's it's been changing for a while but only on the Tron side um had it been changing to where it's noticed you know there was a brewery that kind of popped up and then the transit station that's now a stop so it's there is an inevitable change um and I realize that I you know knowing that area is intimately as I do I know a lot of those business owners are international so a lot of them have Origins outside of this country and they provide services in that area so um I'm I'm not sure kind of how we reach them but I agree with the mayor protim you know everything that we can I'm happy to be a resource I've been asking questions to see like who's still in the area because I haven't been there in quite a few years but just to and if I can be of help to you I am happy to just to you know kind of help us connect and see if there's anything that we can do from a City perspective just to kind of you know give some information to those business owners and and and kind of help them transition if that is the inevitable truth of what this area is going to become so um that's all I have though thank you Madame mayor pend thank you do I have a motion to close so move second I have a motion and second to close public hearing all in favor raise hands that is unanimous we move on to item agenda item number 52 petition number 2023 3168 by cutter Family Properties LLC located approximately 9.1 Acres located on the north and south side of Dalton a west of Plymouth a in District One my district the current zoning is ml2 proposed zoning is IMU staff's recommendation IT staff recommends the approval of this petition and after staff's presentation again Mr Brown will have 3 minutes thank you this site is just over 9 Acres located along both sides of Dalton Avenue it has close proximity to Camp North in as well as Optimus Hall so very similar to the last petition um it's in an area that has had a lot of industrial but that's not necessarily where the use is going in the future the existing Zoning for this site is ml2 manufacturing Logistics too and they are proposing to go to Innovation mixed use and the policy recommendation here is split among commercial and Innovation mixed use but I will note that in our draft revised policy map which was just released to the public recently they have identified all of this commercial shown here along Dalton Avenue as being changed to Innovation mixed use um I I think that was just maybe a little bit of an oversight in Innovation mixed use is something that would better reflect the character of the area and this was also um as a result of their conversations with the community during the community area planning engagement process so this is a conventional petition so there's no Associated site plan this is also very similar to the last petition and that it's also within the corridors of opportunity area so rezoning it away from ml2 and to IMU could better align with those quarters of opportunity intent and goals and I'll take any questions following petitioner's presentation um same theme with this this is OB ml going to uh IMU a little bit different here we had good engagement from the Lockwood Community there's a good turn out that community meeting and also a little bit different uh the cutter family owns it and operates it so if they are displaced they are displacing themselves uh I think they realize uh they've been a heavy user uh that the the neighborhood is changing I I think the Neighborhood Mr cutter spoke at the meeting and said hey here's what I'm seeing and I think the neighborhood was was happy to see the transition in this direction yes thank you any comments close second motion to close public canon in second all in favor raise hands that is unanimous we'll move on to agenda item number 53 petition number 2023 169 by DR Horton the location is approximately 33.9 5 Acres located east of bending Branch Road and West of I 485 north of Alamar Road in the etj closest to District 5 Miss Molina's district and and also closest to the the board of County Commission district for Mr drill's District current zoning is mx1 proposed zoning is in a CD staff recommends approval of this petition upon resolution of outstanding issues related to Transportation site and building design infrastructure and environment after staff's presentation Miss Grant will have three minutes to present on this petition thank you yes thank you so this site is just under 34 Acres along the Eastern edge of City Limits north of Alamar ro road and it is located in an area with largely single family and some multif family uses and we also have some commercial uses along the Alamar Road Frontage the site is currently zoned mx1 met mixed use residential district and that's as a result of the 2017 180 petition that was approved back in 2018 and so this is actually for phase two of that project but instead of mx1 they're looking to do neighborhood to a conditional and the policy map for this site calls for neighborhood 2 so this request is consistent with that policy map recommendation The Proposal itself is for up to 124 single family attached town home style residential units and it will have a maximum he of maximum height of 48 ft it limits the total number of principal buildings to to be developed on the site to Moe no more than 28 they would have proposed access off of lemon Farm Drive and it also constructs public streets A and B associated with 8ft planting strips and 8ft sidewalks they note the number of uh multimodal M mitigation Transportation improvements that they would install as part of this petition including curb ramps into ADA compliance uh removing channelization among uh from the southbound turn lane and others it relocates The Pedestrian pole in the channelization island and relocates it to the corner it would also have a 25 ft clasy landscape yard and that would follow along um any of the property or any of the property boundaries that are against the in1 areas along the west that you see there it notes architectural standards include preferred building materials um porches and Stoops being oriented to the street and it also notes that the site will comply with the tree ordinance and it dedicates a little over half an acre to meinberg County Parks and wreck prior to the first certificate of occupancy and that's right here on the south car of the site next to the multif family development staff recommends approval of this petition upon the resolution of the outstanding issues but this petition would help to expand the housing options in the area while maintaining sensitivity to single family uses with that class be landscape yard along the site's boundaries to the N1 zoned areas and the plan would also improve the multimodal connectivity of the site in the area and dedicate land to mberg County Parks and R it's consistent with the policy map and I will take questions following partitioners presentation Miss Grant good evening again it's a pleasure to be here tonight representing the DR Horton team Tim D is here as well as some others from the team um Holly did a great job on the presentation so I'm not going to go into the details we're pleased to say that it's consistent with the adopted land use policy and that we're actually elevating some of the open space tree save and park features above what's currently permitted on the site with that I'm happy to answer any questions thank you any questions Miss Molina just really quickly um thank you I've already spoken to you Bridget um at length about this so um just really quickly we got a community meeting with eight that would that include FCO was this a FCO or was I do believe that someone from fenco participated okay was principally neighbors that were closest to it that were curious about the buffers the tree save and connectivity yeah and I think we discussed it but I just wanted to make sure I need to go back to that list I can get back to you yeah we'll we'll talk about that offline thank you that's all I have mayor for okay any additional Miss John um and you might have said this if you did I apologize these are for sale units do we know for sure I don't know if we've identified it at this point if whether or not they're for sale or for rent I just assume with the DR Horton so okay all right thank you you're welcome thanks okay okay do I have a motion to close I have a motion and second to close public hearing all in favor raise hands that is unanimous we move on to agenda item number 54 petition number 2023 3 170 by bvp Properties LLC location approximately 1.57 Acres located on the east side of North Tran Street south of or Road and North of Old Concord Road in District for Miss Johnson's District current zoning is ml2 proposed zoning IMU staff recommends this petition after staff's presentation Miss Grant will again have three minutes thank you thank you petition 2023-2024 policy recommendation for IMU Place type staff recommends approval and I'll take any questions following the petitioner presentation M Grant and Bridget Grant land use consultant with Moren Van Allen pleased to be her representing BBB properties and Randy Smith is also here tonight similar to several of the other petitions that you heard they're seeking an IMU resoning to allow uses that are similar to what's already in the existing buildings that are more in line with IMU rather than the heavier ml2 uses happy to answer any questions thank you any questions M Johnson I just so there's no other specifics that you don't have any other specifics to provide IMU is consistent with the adopted land use policy and it's a conventional zoning so it's allowing the range of uses that are permitted under IMU it gives you a little bit of a blend towards exactly what you mentioned before some of the smaller lighter industrial type uses but also can bleed over into some of the more transitional retail type uses okay and because it's conventional did notices go out yes no okay and have you met with this is probably farther than UCP um area University City partment that's correct that's all right we can talk offline thank you move to close second okay I have a motion to close public Hearing in second all in favor raise hands that is unanimous we move on to agenda item number 55 petition number 2023 171 by strategic Capital Partners LLC located approximately on 2.2 Acres located on the north side of Walker's fairy Road West of i485 and south of old Dow Road in the etj closest to District 3 Miss Brown's District as well as District 2 Miss leaks District on the board of County commissions current zoning is n1a proposed zoning is ml2 Staff recommends the approval of this petition and after staff's presentation is Brian Clark present is there Brian Clark present okay so Brian Clark had signed up to speak against this petition but since he is not here then um Miss Todd you will have three minutes after staff's presentation thank you petition 2023 171 is located on the north side of Walker fairy Road West of Interstate 485 and south of old Dow Road sites approximately 2.2 acres and currently developed with two single family dwellings side is currently zoned n1a neighborhood one the proposed zoning is ml2 manufacturing and Logistics this is conventional zoning District the 2040 policy map recommends the neighborhood one place type the ml2 district is inconsistent with this place type however the area is located west of the airport the site is adjacent to the Interstate 45 the site um surrounding uh the area surrounding the site has been transitioning to manufacturing and Logistics and is surrounded by the manufacturing and Logistics Place type and it's accessible by arterial roads and interstates approval of the petition would revise the policy map to the manufacturing and Logistics Place type this is a conventional reasoning petition no Associated site plan and would permit any allowed uses in The ml2 District staff recommends approval I'm happy to take any questions following the petitioner's presentation thank you Miss Tad you have three minutes minutes um good evening mayor PRM Council zoning committee again this is a con conventional resoning and um to ml2 just want to point out the proximity of this property to the airport and we are simply asking for this resoning because it plays to the area's strengths by leveraging this airport as an asset and creating diverse and resilient economic opportunities I'm just available to answer any questions you might have thank you any questions or comments Mo close second I have a motion to close public Hearing in a second all in favor raise hands that is unanimous we move on to agenda item number 56 petition number 2023 172 by BVB Properties LLC located approximately on 78 Acres located at the southeast intersection of Mount Holly Huntersville Road and ly School Road West of Bill Haven Boulevard in District 2 Mr Graham's District the current zoning is B1 CD proposed zoning is CG CD staff recommends approval of this petition and after staff's presentation is with is Miss Wanda matth is present excellent so after staff's presentation Miss Grant will have 10 minutes to speak uh in the affirmative and Miss Mattis will have 10 minutes to speak against thank you all right as mentioned petition 2023 172 is located at the intersection of uh Mount H Huntersville Road and long School Road it's approximately 78 Acres it's currently undeveloped existing zoning is B1 CD neighborhood business conditional propos Zing a cgcd general business conditional uh the 2040 policy map recommend the commercial Place type for the site CG district is consistent with this place type uh the proposal calls calls for up to 72 uh 7,250 ft of non-residential uses or the development of a 2700 ft drive-through establishment um it limits the total number of principal buildings to no more than two site is an out parcel of rosell's fairy C rosell's Crossing shopping center and will be considered part of that shopping center as a plan or unified development uh the plan specifically prohibit B certain more noxious uses uh access to the site will be from existing internal drives in the shopping center uh no new driveways connections are permitted on La school or Mount Holly Huntersville Road a new ada8 compliance bus stop will be uh built along Mount Holly Huntersville Road uh the plan proposes a 12ft multi-use path and 8ft planing strip along Mount Holly Huntersville Road and a 6ot sidewalking 8ft planing strip on longing School Road uh the building will be constructed Pro uh predominant ly a brick and compatible in design with the existing Shopping Center buildings staff recommends approval of this petition as the plane is consistent with the policy map recommendations uh the site is uh an existing out parcel of an existing shopping center and prohibits certain uses that are more obnoxious and transportation streetcape improvements are included in this plan happy to take any presentations after Mrs Grant's presentation thank you Miss Grant hello again Bridget Grant land use consultant with Moran Van Allen please to be here tonight again with Randy Smith with BBB properties uh we weren't aware that we had opposition so we're happy to talk to the residents after this presentation I do want to cite that there's an existing zoning on the site that allows up to 7200 sare ft in one building the primary purpose of this resoning again consistent with the adopted land use policy was to allow more than one building it was to take it to no more than two buildings on the site and again the previous zoning did allow a drive-thru we're still allowing One Drive through and just reducing the amount of square footage that would be permitted so it's to take it from a one building over 7,000 ft to no more than two buildings if one of those has a drive-thru the square footage will be reduced even more and with that I'm happy to answer any questions all right uh Miss Mattis would you like to come down and you will have 10 minutes to speak in opposition I'm short so uh thank you mayor protim and Council for listening to my concerns I'm speaking on behalf of my mother uh she lives directly across the street from this um site that is being proposed um she's been there over 75 years and so are lots of other elderly uh neighbors that live close by and I'm speaking on their half perhap there they have to because they've expressed this concern to me uh this is a very busy commercial area already backed up right beside residence uh that uh rosell's Crossing uh has an exit right at my mother's driveway it's almost impossible to get out of her driveway at times with all the traffic there's a planet uh Fitness there is open 24 hours there's uh two restaurants there's a nail salon there's numerous uh other businesses in there and there's a lot of traffic I know there's two or three exits but they're exiting on to loin School Road and on the Mount Holly Hunters Road Mount Holly Hunters Road is always backed up you know 20 cars deep trying to get out onto Mount Holly Hunters Road so this is just going to create more traffic in that area I understand that there's no building currently proposed for this site but in the stud studies that I'm seeing online there could possibly be up to 1,600 trips to this site if it were a drive-thru coffee shop or something like that that's a lot of traffic more traffic in that small little area right there close to Residence um used to be country I grew up there and it wasn't even in the city so now it's in the city and those people left there still living in their homes are um you know exposed to this um I just want you to hear my concerns that I was in a meeting with Max um Oliver back in January and we went over all of these concerns that if this site is developed that you consider the traffic I think there'll be a traffic study done on this site and I hope Council and the Land Development um group will look at that before you know approving this and see what the traffic impact is going to be uh there's 's Been a Murder committed in that parking lot of that shopping center and there people walk through the yards of the residents there all the time and Tra trash is thrown out in their yard so it's a real heavy uh pedestrian traffic trafficking area for those residents that live there so this is just going to add more pedestrian traffic to probably on their property um just um would like for you to consider when they are building this that they Shield these neighbors whatever way possible they can with um you know planting and if there's dumpsters or whatever they're definitely hidden and away from the residents uh at this site um I mean at some point I would think that some of these neighbors would be asking to rezone their properties for resale because there truly are in the center of a commercial area so th those are my concerns and that you take all these things in consideration that this is being built right up and my mother's house was shown on one of those sides you could pull it back up if I don't know um could we go back yeah thank you um is it this one yes it's right there directly beside it so and you can see at the back of the of the shopping center the other house is directly behind the shopping center and then my mother's right to the left of the star and then there's other residential houses just on the other side of her and down the street on Mount Holly Hunters but the rest of everything else is commercial Goodwill uh dollar stores across the street and uh a church so she's being engulfed with commercial thank you for your time thank you Miss Mattis so much Miss Grant you have two minutes for your rebuttal I certainly won't use two minutes but I just want to confirm we've worked with C dot to even further reduce the square footage associated with coffee or some of the more High intense uses and so we have revised plans that are going to go in on Thursday that reflect a more trip neutral to what's already permitted on the site or or less and one of the benefits of the new Udo is that there are more stringent land landcaping and screening standards associated with the auto oriented uses or with this type of use for CG zoning so we'll be adhering to all of the more stringent screening and driveway landscape standards all right thank you Miss Grant any comments or questions Mr DRS I just wanted to say quickly Miss matis uh I hope you've communicated with Mr Graham he had to leave earlier tonight but he is your point your principal point of contact in order to try deliver that message you can write to him or I don't know if you talked to him already thanks she was copied on an email that I uh responded Mr Graham was copied on an email that I responded to her on earlier today thank you and and we'll convey uh what we've heard tonight to Mr Graham as well Miss Johnson I I just wanted to understand where the house was in relation to the petition if you could like blow that up I'm not the area yep um I don't know if we have a closer shot but her mother's house is located directly across Laing School along Mount Holly Huntersville so this is long School Road this is the site in question her mother's house is on the opposite corner along long School Corner Mount Holly Huntersville Road and the drive-thru is going to open up or excuse me is going to the entrance to that drive-thru is going to be on what street um it's not fully contemplated on the site plan at this time but it will be accessed via an internal drive in the shopping center so there will be no new access to La School Road or Mount Holly Huntersville Road for this they'll have to come through the existing shopping center to access the drive-thru if if one is built okay all right thank you yes thank you um move to close second I have a motion to close public hearing and second all in favor raise hands that is unanimous we move on to the final item this evening agenda item number 57 petition number 2023 175 by United Rentals North America Inc the location is approximately on 9.95 Acres located on the north side of Westinghouse Boulevard West Side of old Nations Fort Road and East side of i485 in District 3 Miss Brown's District current zoning is ml2 proposed zoning is ml L1 CD staff recommends the approval of this petition and after staff's presentation Mr Brown will have three minutes thank you petion 2023-24 is just shy of 10 acres located on the north side of Westinghouse Boulevard West of old Nations Ford and east of Interstate 485 current zoning is ml2 proposed zoning is ml1 CD it's consistent with the 2040 policy map recommendation for manufacturing and Logistics place typ and like a few other petitions we've seen tonight there is no site plan um the conditional notes state that allows for all uses permitted in the ml1 zoning district and specifically permits both major and minor vehicle repair facilities those are uses that the Udo requires to be conditional zonings staff recommends approval and I'll take any questions following the petitioner's presentation thank you mayor protim council members Colin Brown on behalf of the petitioner United Reynolds uh United Reynolds has been on the site operating a business and employing charans for a number of years U you've probably driven by to 100 times as I have as well uh so this is their operation they got caught in a Udo change uh United Rentals rents all sorts of construction equipment uh they'd also do repairs on on site to to repair their own equipment now under the new ordinance they must have a conditional approval so we are here asking for their conditional approval so they can continue to operate on the site that they've operated on for a number of years thank you any questions or comment Mo to close I have a motion to close public hearing do I have a second second all in favor raise hands no that is unanimous before we conclude Miss Johnson would like to make a comment thank you thank you mayor protim I just wanted to um to publicly thank Wells Fargo and some of the buildings downtown you all have heard me mention brain injury awareness a couple times tonight so um I'll read the proclamation next week but there are buildings in in the city of Charlotte that are going to be lit up tonight illuminated in the colors blue and green for brain injury awareness there are over 80,000 um individuals who are injured per year in North Carolina we know that um one and two of the homeless population have have uh history of head injury and it's very very prevalent in our criminal justice system so I'm honored to advocate for that population and as you're driving home tonight make sure you look at the skyline and those buildings that are blue and green are in observance of awareness so thank you thank you m Johnson do I have a motion to close all right all in favor please go home [Music] okay [Music] for e