[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] one welcome and I want to call the June 17th zoning meeting for the city of Charlotte to order and now we'll go ahead and have introductions and we'll start with our assistant City attorney senior assistant City attorney T hegler Gray happy Pride mon Lana Mayfield council member at large Ed drgs district 7 m Grand District Two happy juneth week Dante Anderson mayor protim district one good afternoon everyone I'm v l and I serve as mayor Liz Babson assistant city manager good evening everyone James Mitchell and I serve city council at large good evening I am marer Molina a represent District 5 Stephanie Kelly City Clerk all right we begin our meeting with an invocation and I think that um the plan was the council member Brown would um provide that today um but she is I believe still outside of she's coming she's on her way well well why don't we um say that I'll just tell you that we celebrate our um diversity of religious um context and and participation and so we want you to know that while we are having council member Brown provide words of um of unity and celebration of our ability to work together um we will then proceed so may yes please want to recognize council member Brown who will give us words of wisdom this afternoon before we start our meeting following um our council member Brown's um in um participation in this we will then start with a pledge of allegiance and feel free to um participate if you choose our seas are oh you ready it's my time thank you Madame May hello everyone thank you for coming out today it is an absolute pleasure to serve at the Das and be amongst my colleagues today I just want to share a few words from my heart um about community love and making someone else feel better doing something different than we did the day before over the last couple of months my family's been going through it you know we've had we've lost two members in our family and so it's been a very very difficult and challenging time and I don't want to dwell on that because then I'll be crying and in tears but what I did want to share was that we we don't know our last day we don't know the hour of the day that we're going to leave here and some of us live like we're going to be here forever just forever and ever and ever and ever I don't know what your faith is I don't know what your biblical beliefs are who you believe in who you look up to for inspiration I'm born and raised in a Baptist Church 1243 West bu Avo great Mount Si Baptist Church my entire life I rededicated my life back to Christ um I think it was about maybe four or five Sundays ago I've always been embedded in the church it's where I come from it's my roots it's my history but I wanted to do something that would make me more accountable and more aware of how I treat people I know I go out in the community and I hear people saying oh you're doing such an amazing job and you represent the people and you do well but when I look in the mirror there's always something we can do better and so when I see that image in the mirror I'm looking to see and push past that and see how I can be a better individual how I can create and spread love from myself into the universe and I was born that way I learned that from my grandmother I learned that from my mother I learned that from all the strong black women in my family that raised me I want to leave you with this when you think that it can't be you that's when it can be and I think that we all need to just take a look in the mirror everybody include myself and do something better than we did the day before you don't know what it's like to walk in a person's shoes and so therefore we should not be judgmental we should not be mocking people we should not think that we're better than anybody else cuz we're simply not it doesn't matter how much money you have in bank account it doesn't matter how big your house is it doesn't matter where you live at where you come from just remember we are not here forever make a difference do something better than you did the day before thank you thank you council member Brown if you'll stand for the Pledge of Allegiance if you choose I pledge alce to the flag of the United States of America and to the Republic for which it stands one nation under God and indivisible with liy and justice for for all um before we begin our meeting I'd like to take a moment to explain the um zoning process and so the process begins with applications submitted to the planning staff for review there are two types of cases that are on the agenda decisions and hearings ings decisions on the cases for which a public hearing was previously held there will be no further public comment so if you are coming to speak about the Panthers resoning um we will not be able to have you speak publicly but you're welcome to sit through um the discussion by at the dis um in our hearings if you wish to speak um when we are having a hearing please make sure that you've signed in with a clerk or have your ability or know when that you're going to speak with our clerk before we start um in this process we will have a staff presentation on the resoning petition and the um staff has no time limit the petitioner and those in favors get three minutes combined to present the case unless their opponents sign up to speak if the staff is in opposition or the petitioner gets um the petitioner gets 10 minutes opponents get 10 minutes combined and the petitioner gets a two-minute rebuttal if no one is opposed or signed up to speak the staff will give us a short presentation and then we will close the public hearing and go to the next item the petitions that we have and the hearings that we day today will be going to the zoning committee meeting zoning committee of the Planning Commission for reviewing recommendation and now I'd like to introduce the chair Douglas Welton to introduce members of the count of the Planning Commission uh thank you madam mayor 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 fellow members of the zoning committee and they include will Russell sha an Rick Wier Terry Lansdale Rebecca Wilden and Clayton cely the zoning committee will meet on Tuesday July 9th at 5:30 p.m. at that meeting the zoning committee will discuss and make recommendations on the petitions that have a public hearing here tonight the public is welcomed to that meeting but please note it is not a continuation of the public hearing that is being held here tonight prior to that meeting you are welcome to contact us and provide input you can do this by finding our contact information uh and information on each petition at the city's website uh Charlotte planning.org thank you and back to you madam mayor all right thank you very much um now I'd like to ask Mr petton who works with us on our zoning um meetings and we have some deferrals and some withdrawals and so Mr Patton would you please um tell us about the items that will be in the motion to defer or withdraw yes thank you uh we've got a few items that we have for deferral this evening uh the first item is item number 13 uh that's 2022-23 by srl Central app properties uh that decision is being requested deferral uh they were listed in the agenda inadvertently is September 16th it should be uh August 19th uh so that petition is requesting a decision be deferred to August 19th uh then we get into item number 22 which is a petition by the city of Charlotte uh for approximately 49 Acres along Pine Oaks Drive in south of bym drive also requesting a deferral of their public hearing to August 19th uh and then finally two other items item number 28 which is petition 20231 165 by Central Avenue multif Family LLC uh and item number 31 202 24-15 by BV Belk properties uh both of those petitions also requesting deferral to August 19th for their public hearing uh that's all we have this evening thank you all right um do I have a motion to accept the move um the information is presented by Mr petton for the referrals and withdrawals someone second motion and a second um any further discussion all in favor of the motion please raise your hands anyone opposed all right that helps us get through to the next one um we also have a consent agenda and in the consent agenda we have petition that qualify for the um category that they are in items 3 through 12 which may be considered in one motion except for those that a council member would like to have a separate vote um these petitions had to follow the following criteria they had no public opposition at the petition at hearing the zoning committee recommended approval and there are no changes to the zoning committee's recommendation and staff recommends approval or is there an item that the council member would like to have for a separate vote Miss Mayfield item 11 mayor item 11 anyone else hearing none then can we have a meeting a motion to approve consent items 3 through 12 with the exception of 11 um some we have a move a motion and a second any further discussion all in favor of approval of those petitions please raise your hand all right so the we have submitted those and now we'll go to item 11 um which is I have nine here um 11 is petition zoning resoning petition 202 24-21 by Foundry commercial which is approximately 10 acres on the east side of Steel Creek and the current zoning is a neighborhood onea on the proposed zoning is manufacturing and Logistics um two with an airport noise overlay the zoning committee and the staff recommend approval of this petition and now I would like to recognize council member Mayfield thank you Madame mayor I just wanted to acknowledge that I know council member Brown who is the district rep and myself receiv received a correspondence but there was a question regarding the cemetery and who would actually maintain the cemetery because and I will also like to acknowledge that from my understanding and from Communication in regards to the petitioner they worked out with council member Brown and the community a possible relocation of an important building but also the cemetery itself the maintaining and just want to make sure that it is on the record that the church will maintain the maintenance of the cemetery which we know is something that is very important that was the only thing I would like to highlight Mo to approve all right we have a motion to approve the petition um is there a second second we have a second um is there any further discussion hearing no further discussion all in favor of the recommendation to adopt this petition please raise your hands anyone in opposition that carries thank you very much so Mr um petton now that we've gone through our consent agenda um we will now move to the zone um decisions um that we have item 14 which is resoning petition 20240 33 by the planning um commission um planning design and development it is a text commitment um is there a motion um Mr Paton I thought earlier today we talked about um there's a partnership in this effort with something that the council has already adopted in terms of the conservation as well as water shed is there any comment that we would like to be aware of for the that that'll be um related to the public hearing item we have further for the another text Amendment this is a basically a cleanup text Amendment that's going for this decision 14 [Music] okay okay so the resoning petition 2024 is a text Amendment all in favor please we have motion we have make a motion and a second we have a motion and a second yes ma'am all right any further discussion hearing none all in favor of the item please raise your hand anyone oppose thank you very much sorry I had that listed as something else the next item is item 15 resoning petition 2022-23 Acres located on the east side of elm Lane on the west side of Ray Road the current zoning is N1 neighborhood um the proposed zoning is urban residential conditional with 5year vested rights the zoning committee voted 5 to one and the staff recommends approval of this petition do we have a motion so moved do we have a second which one which one we it's it's yours I'd like to be able to make that motion okay Miss and we have a second by the mayor proem um motion made by Mr drgs Mayor is I just want to make sure we're including the consistency statement oh that's right our statement of consistency as well let's go back to the petition um that we had for the Planning Commission um we must amend our vote please raise your hand to include the statement of consistency as our own okay that's unanimous thank you very much now let's go to the resoning petition I want to recognize Mr Driggs uh thank you mayor I think everybody knows this one has been a year and a half in the making uh it was hard not to know about it I'm very high profile a lot of Discord frankly um in the end we did arrive at a resolution that involved cutting the number of units initially proposed by half uh preserving the benefits of the original petition in terms of tree Save which is now up to 32% all the traffic improvements that were approved for 1100 units are going to stay in place for the 5506 uh currently there uh the pond will remain uh there will be green barriers on both major roads so uh I think this is a good result I'm sure there are still people who aren't completely satisfied uh partly because a lot of people would love to have seen this preserved as a beautiful patch of unspoiled nature in the middle of all the development but that's not really a choice we had we had to decide whether to go with the final version of this petition or with bite development which would not have offered those advantages so uh I I sent to you colleagues and to the public at large a more detailed description of the features of the final outcome and what the comparison with byright would look like I think it's a pretty open and shut case so I hope you will join me in supporting it I did want to say uh a thank you to a number of people on this uh i' like to single out Tom coin uh a resident who kind of spearheaded the effort on behalf of all residents to improve the terms of the petition and he convened a steering committee early on there were about 12 or 15 members of that from HLA boards also convened a meeting of about 60 HOA board members to look at the final proposal and consider whether it was preferable to the byright development there was a vote of 36 to7 among those who voted in favor of of proceeding City staff put in an exceptional effort here uh and Dave thank you uh and and other who came down uh to the uh to several meetings in order to provide the city perspective on traffic issues and other questions that residents had um and I think supported the conclusion that the outcome we have would be better than by right uh the petitioner did acknowledge and finally exceed to a lot of the demands or the concerns of uh residents want to especially shout out to Tom brassie who came in and helped to get the CH conversation onto a good track uh John carmichel and mck mcari who represented the petitioner and did their best to be intermediaries there so and finally the residents I think that uh all of that energy that came out against the initial proposal did have the effect of making it possible to achieve the improvements that we have so with that colleagues I'd like to recommend this for approval thank you I'm want to recognize Miss yes thank thank you Madame mayor uh first let me just thank the district rap I remember when we had this resoning petition many months ago uh and how it started out with 1100 units now we are down to 566 um certainly that shows tremendous uh work that's gone into this HOA leaders I had an opportunity to meet with Kim Hobs and her group along with Tom uh who was representing the ier um I certainly I struggled with this one in the beginning but I'm very happy with the outcome in terms of the tree save the density traffic improvements so I think this is really a good example of collaboration and uh hope to see many more of that start being support thank you mayor protm thank you Madame mayor um I just want to say thank you to the community um I was invited out to Mr DG's District to meet with several community members and talk through their perspectives U and their and their challenges and um I heard them loud and clear and I just want to also just um thank Mr Driggs he's been working on this for a very long time we all have if we haven't had a a a pressing stressful uh petition we we all will as District reps and this is just one of Mr dggs and I think he handled it um with class listening to both sides um of the perspective and trying to fight for the best outcome of his district so I will be supporting Mr Driggs and supporting this petition this evening thank you madam mayor all right are there any other comments to be made so if there are no other comments we have a motion to um approve the rezoning and accept the zoning committee statement of consistency as our own all in favor please raise your hands I believe that's unanimous um but just inure let me check is there anyone who's opposed all right it passes unanimously all right the next item is item 16 petition 20230 33 by crd Elizabeth LLC um talk about let's have these come up right together here um approximately 1.6 acres located along the northeast side of East 7th Street south of Lamar Avenue and north of Clem it's in District 1 um it is um current zoning is General commercial the proposed zoning is mixed use development District optional zoning committee voted 5 to1 to approve and the staff recommends approval of this petition do I have a motion to um approve this petition except the um zoning committee statement of consistency as our own so move second we have a motion and a second is there any discussion mayor Miss asir I'll let her go first no she she said please okay well th this one has been a difficult one and um the reason this one has been a difficult one because the Elizabeth Community Association has been divided um when we had first started I mean this was the hearing last month and since then the staff is supporting it certainly there has been more progress that has been done on this resoning petition I did hear and talk to uh some folks that are in opposition I also talked to some neighbors that are in support of it that are very passionate I did read uh former mayor clar felter sixth Pages document that you sent as to why we should not support this um and and you know I certainly have great respect for those uh that sent very passionate email not just the cookie cutter approach you shouldn't do do this or you should do this um and I hear both sides I hear the side where we need to create more housing closer to public transportation I also hear the side where we need to preserve neighborhood's character uh I also heard from staff especially our passionate David petton and his team as to why they were not in support and why they are in support of it now uh after hearing all of that as well as the district reps I you know I I am having to make a tough decision and I hate to be in this place because uh either way I make a decision I'm going to make certain folks unhappy about my decision uh but I guess that's what I signed up for um after looking at everything and the progress that's been made I'm going to support this resoning petition um and I just would like to thank the staff uh because of the work that they have done I think we have been able to make meaningful progress in past couple of weeks uh but for those who are in opposition I think Elizabeth I think you should all be very proud to live in Elizabeth Community uh the community the neighborhood is just so passionate where they come out uh people are engaged they have read through our 600 pages of Udo document they know in and out about the 2040 plan and I mean every single email that I have gotten I mean majority I mean I feel like they have done the research uh so I commend you all for reaching out I mean I'm having to make a tough decision I see you all who are in opposition in fact you all know I took your side the last time because I wasn't convinced but I'm having to make a tough decision today so for to my friends that are in opposition it's very diff ult for me to say no to you uh especially Mr clotfelter because you being an attorney I think you make a very stronga case in opposition uh but certainly I think I have to look at all the aspects especially the one where we need such a strong housing Supply to address our housing needs so thank you thank you Miss Mayfield thank you madam mayor so I have shared on more than one occasion that I feel like as we're working on our living document called the Udo and identifying new language in the meantime we're seeing a lot of development that for me feels very contradictory to the language and to the commitment that Council current and previous councils have made in regards to Neighborhood continuity staying in place creating diversity supporting current Community I will not be supporting this tonight I have concerns with the height I have concerns with this development for me it is not a benefit or a community good this is just my personal opinion with the lead with a fee in Lop when we're getting multif family developments those developments have the opportunity to create diversity in it we are already seeing some cities Across the Nation that are having major challenges with a number of multi family developments that have been approved that are sitting vacant the impact that it's having on City seeing a mass Exodus of our Workforce that cannot afford to move into a lot of these market rate developments gives me concern but this I'm quite sure there's enough support around the diets for it to move forward but for me this particular project aligns with others that I feel have opened the door that have created major neighborhood transition where the residents who have been in this community for DEC decades and or Generations are not going to benefit from this thank you all right Miss Johnson thank you Madame mayor um I too was one of the individuals or council members that was opposed to it last month um primarily because staff was opposed to it and also because of the height the height and that change in the um the complexion or the trajectory or setting a precedent in the neighborhood but I've spoken with Mr peton and I wanted to know if you could share what we discussed earlier uh as far as the the building height height and the and your reason for supporting now sure so one of the things we had some concerns with I know last month we talked a little bit about um height along that coridor uh and the request that was in for the 78 ft uh you know when look longterm at the corridor zoned uh or recommended for a neighborhood center Place type which gets uh recommended Heights anywhere from 65 ft at the base up to 80 feet and that 80 feet is achieved through uh a different type of of potential public benefit options like uh inclusion or contribution for affordable housing efforts uh inclusion of minority businesses for construction extra open space uh there's a quite a host of things that folks can do to get beyond that 65 ft up to 80 so as we think about that Corridor we had some more time with the petition a lot more internal conversation on it after the the decision uh was deferred last month uh and we look at the long-term uh outcomes that are potential in that Corridor we could start to see uh buildings that get to 65 and up to that 80 ft under that neighborhood center particularly if we are uh going through an alignment rezoning let's say in in you know a couple years for that uh that will align that Corridor to that zoning District that does achieve those Heights so looking at it from the standpoint of saying 65 fet and now they're requesting that 78 and they're providing that 78 through U an equivalent type of public benefit with the contribution to affordable housing that aligns it a little bit better with uh the Udo goals or the Udo standards and the comp plan goals and that's really the challenge with these Legacy District petitions uh trying to kind of plug them into a new set of guidelines and rules uh and we feel like with those latest conversations and those latest changes that did bring it a little bit closer aligned with uh the goals outcomes of the the corridor there and the comprehensive plan so that's where staff looked at this with a little bit different lens this month so so the petitioners contributing affordable housing that's correct yes okay do I mean do you want to share and do you want to share what they're doing uh it is a monetary contribution to the Housing Trust Fund I believe the amount is it's about, no it's $132,450 okay I think I'd like to thank and I I think this is a great example of what happens when the petitioners work with staff and work to make these concessions how this the council is listening to the community I think this is a great demonstration so I will be supporting it also because of those concessions and because of the contribution to affordable housing and um the staff support thank you right I want to recognize mayor proam thank you Madame mayor um yeah this is another one that uh has been a contentious uh petition and also one that has had very long Community engagement you know I have worked with the community on both sides um in for it and against it I've listen to all sides I've gone out and walked the site and talked to neighbors and walked their driveways and sat in their at their kitchen tables and listened to the different perspectives um first and foremost I just want to say thank you to the Elizabeth Community there's so much engagement there the ECA is is one of my best neighborhood associations you all should just be incredibly proud of the the um talent and the depth and knowledge that you have in in your neighborhood I too of course read former mayor Clyde filter's uh six-page email as well as well as um the other emails we received um a delug of emails this time around both on both sides and um very detailed information very very perspective I heard from elizabethans that have owned their home for 35 40 years and then I've heard from new elizabethans who have lived in neighborhood from two to three years um all on the affirmative side some many on the opposing side but what we have before for us is an opportunity to bring an incredible building that is architecturally and materially um aesthetic and unique and different and will fit right in with the Elizabeth neighborhood along that Corridor um versus the by right option uh the developer has listened and he's continued I give him credit for being at the table continuing to incorporate contining to work on the best outcome for the neighborhood so we have a reduction in units we have an increase in parking ratio we have Subterranean parking um that will preclude um erosion of neighborhood parking deeper into the neighborhood for the building height the the the the aspect of the building that it directly AB but single family is maxed out at 45 ft so the mass height is at as at the street level that's not U directly AB buding single family and it is u in addition to thinking about affordable housing and so the intentionality around this work and this effort over the last year has been great and I hear as as was mentioned earlier it's always difficult on these um decisions uh to make a decision but you always have to keep the best outcome for the community in mind and and I think we've come to a point with a developer where this is the best outcome for the neighborhood so thank you for your feedback thank you for your engagement you all are going to continue to have difficult petitions in Elizabeth right because growth in the city and approximate to where Elizabeth is but you have an incredible neighborhood and I think this building will add to the character and aesthetic of an incredible neighborhood so um I will be supporting this petition this evening as well Madame mayor okay we have a motion on the floor for approval as as well as accepting the statement of consistency as our own all in favor please raise your hands all opposed and one opposed all right thank you the next item on our agenda and thank you guys up there thank you hi Dan okay next item is item 7 resoning petition 202 24-31 by Panther Stadium LLC for approximately 12 acres located on east side of South Cedar west of fourth and north of mint um it's in District Two the current zoning is mix use development District optional the um proposed zoning is Uptown Edge exception zoning committee recommend as well as the staff approval of this petition but there have been some changes that have occurred since Mr Pon is that correct since Z committee's meeting and so um I'm going to ask the staff to read those changes and um and we'll go from there to see if we want to send it back to the zoning committee or not okay thank you Madame mayor uh this petition I did make some additional changes following the zoning committee's recommendation the first was uh editing some language regarding a public art feature as an ex benefit or public benefit uh that they will collaborate with the Urban Design Center to coordinate uh the public art feature uh also modify the propos improvements to The Pedestrian path that uh to specify that the path will be 17 ft wide along the resoning boundary uh to accommodate the Uptown cycle link project uh the path will be 12T wide along the majority of the clutch Frontage and it reduces to 10 ft we're adjacent to South Ceder Street uh those are due to the existing footprint constraints that are there uh and then the South Cedar Street crosswalk will be realigned and restriped and also clarifi that The Pedestrian path will not have stairs except those that exist alongside an ADA Compliant sidewalk near Graham Street The Pedestrian path will be installed no later than May 31st 2025 and the final thing that was a change was adding uh to the existing ex Provisions for build two zones and build two percentage percentages as well as the established setbacks notes in case that The Pedestrian path is considered a frontage uh that is a a Udo item that they've chosen to provide a little bit of relief from uh and those are the changes staff doesn't feel that they are warranted to go back to zoning committee but that's a y discretion thank you all right are there any questions for Mr petton about those recommended changes all right do we have a motion to accept the staff's recommendation that we not resend it back to the zoning committee second we have a motion and a second any further discussion all in favor please raise your hands all anyone opposed okay we'll proceed then to now go to the petition which is staff and zoning committee recommended for approval of this petition as well an acceptance of the um statement of consistency as our own move approval second we have a motion and a second any discussion Mr Graham thank you madam mayor uh and members of council um just want to uh reintroduce uh the Panther Stadium LLC to the uh Council won't be long but I think it's worthy of uh public disclosure of what we're doing first I I would love to thank the the third wart neighborhood association as well as the surrounding communities for really working in conjunction with me uh and uh Panther Stadium LLC uh want to thank um um former council member Al Austin uh for for being he's still there he needs he needs to come down here and vote for for being a conduent between uh Panther Stadium LLC uh my city council office and the third world neighbor Association his help was really really uh meaningful and insightful and many of the recommendations um U Were endorsed by the third world neighbors Association um via Mr Austin so I want to thank him for his work also want to thank car and wri Christy Coleman Jeff Brown and Tamara green with Panther LLC uh this really has been a collaboration and a coordination to ensure that um Uptown is just not where people go to a game or where people go to eat but it's also where people live and we wanted to make sure that the impact of those who call Uptown home specifically those who live in third W were not negatively impacted by the resoning uh the petitioner went beyond uh the initial one community meeting and there was at least three Community meetings with neighborhood associations um two in person one virtually as well as a number of one-on-one meetings with very um with with a majority of those who wanted to meet with them so they were really uh accessible uh the uh petition itself um provides for Less intensity than other uses so it uh tries to control the uh the intensity of the use uh vehicle traffic um to the facility will be somewhat restricted from Cedar Street once the facility is opened um which is something that the uh neighborhood wanted uh the height of the building has been reduced from 95 ft to 70 feet um which is something that um we discussed with the neighborhood associations as well uh in addition uh the to continue the the ability to assess Graham Street from the seizure Street benefiting third W with Wesley Heights and other communities have been added to the resoning plan and detail comment to install and enhanced pedestrian connection along the southern boundary of the resoning um so that's their um The Greenway will not be closed it never was in intended to be closed and it may be even enhanced um for those who uh travel that path so that was something that I really want to emphasize to those who are watching uh at home uh in addition again we've added comments to the resoning plan to replace the current privacy fence tarp along Cedar Street with an improved treatment consisting of composite panel connections metal trim connecting to Brick in there so they're going to enhance the appearance of the outside of the building um facing Cedar Street which is something that um uh Mr Austin and others wanted to see and that's there uh in addition to the requirements under the resoning as relates to tree preservation replacement beautification within 180 days of approval of the resoning um developer will establish with a local financial institution a tree preservation replacement and beautification Fund in the amount of $60,000 tree beautification fund they will work with the neighborhood association third world Community leadership by establishing a third Roy Community leadership committee to work with them in reference to how those funds are to be dispersed they will also uh retain a tree Health Opus to engage the C Street site Fage uh in addition to the requirements of the resoning and the tree beautification fund set aside uh so that's really again they have taken into heart uh again tree preservations replacement beautification with a fund uh getting a tree Health arborus to engage for Caesar Street site Fage so again those things are really taken into consideration uh they will continue to work with cmpd regarding U monitoring of parking within the third world Community uh they will uh have Community appreciation activity with the third wart neighborhood association uh they will continue to work through the construction um with um construction management cooperation in terms of noise and ordinance and those type of requirements to ensure that they have a good fit efforts to inform the third world Community when uh things are uh impacting as relates to construction related activities uh they will continue to work with meberg County Park and Recreation uh and contribute up to $100,000 to the cost of such work for um meinberg County Park and in connection with potential for refurbishing of the walking trail track around Frasier Park field Etc uh the Fieldhouse used as Community Asset uh and again they will provide notice for the pestan connection connection this was really a a a great um example again of public private partnership where the community and T um Panther Stadium LLC uh work together to ensure that uh that the the residents of third W and around the community will be a a part of the change and not victims of it and so I feel real comfortable in uh asking the members of the council to support the resoning all right thank you very much is there any other discussion hearing none we have a motion and the zoning committee and the staff voted for this as well as um you've heard that we don't need to send back any of the other um changes that were made so with all of that um do we have a motion to accept the zone committee statement of consistency as our own and approve this petition so move second have a motion and a second um any further discussions no longer needed all in favor please raise your hands anyone oppose no one's opposed okay so thank you everyone congratulations thank you Mr Austin thank you Mr Austin all right the next item is item 18 resoning petition 2023 D 112 by FCA l l c for approximately 5 Acres on the dead end of Christy Lane um east of Steel Creek it's in District 3 the current zoning is neighborhood A1 with a noise overlay and the proposed zoning is manufacturing and Logistics the zoning committee voted 620 to amend recommend approval and the staff recommends approval as well do I have a motion to accept the staff's recommendation along along with the zoning committee's recommendation to approve this petition so move second we have a motion um by Mr Mitchell and a second by mayor protm any discussion hearing no discussion all in favor please raise your hands anyone opposed no one in opposition the next item is 19 which is petition 2023-2024 School Road it's in District 2 the current zoning is neighborhood business conditional the proposed zoning is General commercial conditional the zoning committee and the staff recommend approval do I have a motion to accept for to approve the resoning petition accept the statement of consistency is our own second we have a motion by Mr Graham and second by mayor protim is there any discussion Miss Mayfield thank you madam mayor and I've already reached out to the petitioners is representative on this as I think believe the only council member that actually lives over in this area and that will be impacted by this particular development as growth happens M Holly m m Holly Hunter Rail Road is a two-lane road this particular location is right on the corner where there's a turn lane I do appreciate that unfortunately previously what this plot of land was zoned for is was a gas station there's already a gas station on the corner I appreciate even though we don't know exactly what that they are interested in having a drive-thru at this location I've reached out to Mr petton and to staff to find out if we can consider some other infrastructure changes because the entrance to this particular facility even though it's noted on the map that there will be a side road it is extremely difficult for those who are trying to enter or exit out you pretty much need to make a right turn during morning traffic afternoon traffic and evening traffic for those that are attempting to make a left turn in the reality is if you're driving straight up Mount Holly Hunter railroad you're going to go past lawyer La School Road that's a very difficult Road to access when you're sitting in traffic the concern that I have is the fact that again this is a two-lane road with a very short right turn lane that will most likely be utilized to access I will again state that although what this plot previously was zoned for is a gas station I am glad that the petitioner has an interest in the investment that they made both here and riverband for those that have been out to River riverband that is a beautiful site it's also a little different cuz the road widens a little more down there so I'm quite sure my colleagues are going have already moved to a pool and second there a motion I did just want to have it in the record that I'm hoping as we move forward the petitioners can take into consideration a greater setback to try to accommodate what could happen with how the egress and regress of actually getting access to this site how that is going to work because what is noted in the picture basically is if you were actually looking at it on page four that Entry Way is right in front of another restaurant so you if you're turning in if they actually happen to have a bus night at that particular restaurant individuals trying to access into this facility off of Mount Holly hunterville versus lowing it could cause some challenges so I would like for them to consider with staff SE dot some uh better option for transportation thank you all right we have a motion on the floor any other com any other comment I right hearing no other comment all in favor of the motion um to approve and accept the statement of consistency please raise your hands anyone oppose okay thank you the next item is um item 20 which is petition 2023-24 by Josiah bowling for approximately 2 Acres along the located at the South West intersection of Commercial Avenue and Eastway Drive it's in District One the current zoning is office Flex campus the proposed zoning is innovation mixed use the zoning committee and the staff recommend approval of this petition do I have a motion to accept the staff and Zoning committee's recommendation as well as the statement of consistency so moved all right mayor proam do I have a second second we have a second from m brown brown Emily at same time thank you um any convers any discussion hearing no discussion all in favor please raise your hand and anyone anyone oppose hearing no one opposing the next item on our agenda is um petition 20 24-3 by appco Properties Inc a location of 16.9 Acres on the west side of Old Statesville Road and North on the side of Ratcliff Lane um the current zoning is General commercial and manufactured home park with proposed zoning is neighborhood to a condition and into ACD the zoning committee and the staff recommend approval of this petition do I have a motion to accept the zoning committee and the staff's um statement of consistency is our own do I have a motion it's your it's yours Mr Graham and Mr Driggs as a second any discussion hearing no discussion all in favor please raise your hands all right thank you very much that passes mayor yes Miss Mayfield did I hear you I'm sorry OPP um did you would anyone be opposed Miss Mayfield is opposed soos thank you all right I believe that ends all of our decisions um we are going to now move in to the petitions that have hearings tonight um Mr peton is that correct we are in the right order at the right time that's correct thank you all right so so the first one is um resoning the deferrals do we have any other deferrals besides those that we've already approved none that we've already approved no no additional okay so we're going um TW item 22 has been deferred the next item is item 23 um it is resoning petition 202 24- 67 by um Charlotte planning design and development it is a text Amendment a long speaking but he has he signed up for it okay um Madam clerk I don't not see my list of people that have signed up to speak this is an additional speaking mayor that's come in since okay the list was published he was a little bit late right okay that's good we got you covered all right I'm going to let mayor protim take this one and um go from there okay um this is we'll start with agenda item number 203 petition number 202 24067 by Charlotte planning design and development text Amendment the purpose of this this udio text amendment is to provide a new compact residential option section 4.5 for certain neighborhood one zoning districts this option will allow smaller lot sizes and setbacks and will require more usable comment an open space there are proposed changes in three of the 39 Udo articles staff recommends approval of this petition and after staff's presentation we do have um Mr uh Joseph marelis who margis Margolis who will speak against um this particular petition so Mr margolus if you would like to come down after staff's presentation so you'll be ready to speak thank you thank you mayor Pro so this petition 2024 067 as mentioned is a text Amendment uh we've talked a lot about residential development with y'all over the last several months uh particularly with uh the need for development taking on different lotting patterns different types of development patterns that we've seen uh recently in in U context that we've not seen you know historically in our previous ordinances and even when we've in some ways envisioned U how the Udo would be set up so last U uh meeting and and just early this evening uh we talked about some text M we talked about conservation uh uh development that was something we modified through a text Amendment uh not too many meetings ago and so when we talked about conservation we talked a lot about trying to put something in place that could uh help to uh create some outcomes that were similar but some outcomes that were a little bit more favorable uh and more desirable From staff's perspective Ive given the trend that we saw under the conservation types of outcome so with that we've got a compact uh residential development option that's being proposed for this text Amendment again that's a new development option that's uh needed we're trying to be responsive to market trends as well as financing options for new subdivisions that includes things like uh smaller Lots smaller unit types uh more attached buildings uh and this would primarily be found in the base neighborhood one zoning districts uh and those standards reflect the lot patterns of existing neighborhoods so we've gotten asked that question quite a bit why not just take the standards of all the N1 districts and change those well we don't want to necessarily uh change all the existing lotting patterns of some of those neighborhoods that translated from the r3s and r4s to the n1a and N1 BS so when we get into applicability again this would be permitted in N1 a b c and d uh in those doning districts it would be on development that must be over two acres uh also cannot be on properties that are in the recently published airport noise noise exposure map uh the critical and protected Watershed areas uh and also no more than 25% of the Lots in this development option uh would be allowed to have triplexes in and that would be applicable just in n1a and n1b U also in n1a and B uh developments of two acres or more uh they could see those uh amounts of triplexes increase if they use the voluntary mixed income uh residential option so as we get into some of the development standards this development option again this is an option that uh is in place for folks to take advantage of if they they see that their project could use it uh would reduce the the setback standards for buildings it would reduce minimum lot area and lot width it would eliminate maximum building coverage standards it would require class uh B landscape yard around the entire perimeter of the project when they're adjacent to another neighborhood one place type that would be a 25 foot wide uh landscape yard commonly referred to in the past as a buffer uh also requires all lots to front on a public Street or common open space uh and also limits the use of alleys as primary access for units if you recall that was something that uh we were seeing that we had some concerns about in conservation uh this would limit that to some degree and get some more favorable outcomes uh again common open space standards minimum of 10% of the project must be common open space it must also meet 15% for a green area requirement uh common open space would have to be 50 fet in all Dimensions at minimum and at least one common open space area should be accessible from all residential Lots within 1,000 ft uh and then common open space must be improved with Landscaping Hardscape or usable outdoor amenities so those are the big changes uh that we put in place uh again this is something that we have uh put in front of everyone here to uh somewhat kind of not take the place of conservation but we know we made some changes to that we heard some feedback that that was going to have uh some negative impacts on getting additional housing Supply and also meeting some of the new market trends and demands that we're seeing in residential development so this compact option is something that we're putting forward that we feel provides some similar outcomes but in some ways that that helps to again avoid some of those things that we we didn't like to see with uh overuse of alleys which puts a pretty significant burden on homeowners for maintenance longterm uh got some better open space requirements I think in in this uh compact option as well so those are the things that we're putting in place to again not take the place of conservation because conservation still does exist on the books uh but it's been changed fairly sign ific L this is something that would be another option uh that folks could utilize to again meet some of those market trends and demands and and continue to see some uh positive housing uh Supply increases for us throughout the city thank you Mr Patton Mr margolus you have 10 minutes thank you uh thank you Council good to see you again um I promise I will not be taking the entire 10 minutes to make my points um I i' I've been participating and work on the um uh the UAC and so and I've been sort of I've been studying this issue and so uh I'm oppos I'm opposed to this because it's one one thing that what uh um one thing that I feel like uh comes from Good Intentions is uh that from this day is that I I see a tendency to want to um use your power to create as much certainty for the good of us as your constituents as possible I I that's what I believe each and every one of you that's the point of view that each and every one of you is uh working from um but just as I've dove into this uh and learn more and more about it the just the I think the more we need more uncertainty in the marketplace and what I what I mean by that is we need more opportuni uh we need less design requirements things like that um and more opportunity because this is going to lead to less affordable housing um and for me I live in a neighborhood that uh basically it was built years ago but it's has Alleyways there's no there's no City maintained streets in my neighborhood it's a condo Community um and it's one it's a n2b parcel and 7 acres has 100 104 condos on it and the result of this is that there are two there three bedroom 2 and 1 half bath condos that are selling for about2 200 to $24,000 on this property and right now so that's that's the missing middle housing it's it's not great it's not the prettiest housing in the world but if you were to ask me living there um if the uh what really makes me uncomfortable about living there it's how cut off I am by the two strods that were built on top of my neighborhood not not the some of the discomforts that I've traded off to live where I live and so that so I feel like that what would be better is if you rewrote this Tech had had staff rewrite this text amendment to meet the conditions that were uh uh that were considered the loophole in the uh text Amendment for the conservation to allow more of these properties to take place if you needed to like put other conditions on acreages to make sure that that they happen in other places that I think that would be helpful um I don't know what it would be but I just think that this is going to be a higher this is going to be a uh it's going to cost more to develop this there's going to be less land per less tax value per acre so that's going to be less money coming into the city these coffers and so the city should be considering those sort of things when they're making these types of decisions as well and another thing I'd like to see on on a text Amendment would be in as many places as opportune eliminate parking requirements like there's very few Parcels I looked at the map there's very few available opportunities where it might make sense but if you were to eliminate parking requirements and someone wanted to do a compact development in prosperity Village they probably wouldn't be producing a very marketable product if they didn't put driveways in their on the properties because there's no buses from Prosperity Village to Uptown or anything like that so what I what I'm asking you to do is vote no on this and maybe dive in and and get a little more wonky with the policymaking and and just see what things you can do because if you take away parking requirements you can make housing more affordable just by giving a developer more developable land to build housing on so they have more units per acre therefore the cost can be shared among the homeowners so you guys should just be really diving into this and I highly recommend that you get into if you haven't done it uh get into like start reading up uh the the strong towns book series and the podcast because they really do dive into a lot of things that are really nonpartisan just market-based solutions that can help because uh just from what I'm hearing even I like the idea of having affordable housing opportunities but when I talk to the developers about it they're they're just they're not being it's just not marketable for their products for them to consider them very often so we really you guys have to attack it from a market based standpoint too um and while we and you know since we don't have a and I hope you guys will encourage a a strong community of a business community of incremental developers to do these type of small bets when you get to the the infill work but while we don't have those this is what we have to live with and you can get a if so if you allow things with more a de developers to have more concessions to build Alleyways you're going to get a cheaper product if you allow for Less parking if you allow if you allow for a text amendment that eliminates parking requirements you're going to get a cheaper product for the residents and you're going to get more tax value for the city and the county so that's my reason why I think you should vote no I don't think you should just scrap it I just think you should go back to the drawing boards so thank you very much for your time thank you Mr marolas Mr petton did you have anything else add uh thank you sir unless there's a specific question I'll just let us comment stand thank you okay do I have a motion to close public hearing mov all right I have a motion in a second all in favor raise hands any oppose that's unanimous we'll go on to agenda item number 24 petition number 202 24029 by EMB development company the location approximately 19.81% for Charlotte City Council the current zoning is ofc proposed zoning is IMD staff does not recommend approval of this petition and after staff's presentation we'll have Miss Bridget Grant there's no opposition so Miss Grant you'll have three minutes to uh present thank you all right thank you mayor Pro uh 202 24- 029 is just under uh oh just a clarification since staff does not recommend bridg Mr Grant we'll have 10 minutes 10 yes thank you uh so yes 2024 029 is just under 20 acres uh Statesville Road and alexandriana Road uh really at the edge of the U Charlotte boundary uh right before you get on the North side into Huntersville um the property is currently zoned ofc and the proposed zoning is for IMU conditional Innovative mixed use you can see we've got some ofc in in industrial uh ml1 and i1 CD zoning in the general area the blue on Long Sam rooper is also ofc uh the adapted Place type for this area you can see manufacturing Logistics and Innovation mixed use are the predominant to land use recommendations again everything to the north is Huntersville that's why you don't see any uh land use recommendations from the city uh on that side of the road uh the proposal would U allow up to 350 multif family stacked dwelling units it provide access to the site via Twin Lakes Parkway uh with dedicate 50 ft of RightWay along alexandriana and Statesville Road uh and then 31 1/2 ft of rway from the Twin Lakes Parkway Center Line would also provide an 8ft planning strip and 12ft multiuse path along alexandriana Road and Statesville Road uh an 8ft planning strip an 8ft sidewalk along Twin Lakes Parkway and also provide an 8ft sidewalk extension from the site along alexandriana road to North Lake Auto Plaza Boulevard uh that would happen within the existing RightWay if that RightWay is available and also provides a bus pad along alexandriana Road and Statesville Road uh as mentioned staff does not recommend approve the petition it is in an area if we go back to our uh future land use slide or adopted Place type slide uh that we've identified primarily for manufacturing and Logistics we have had some recent uh Industrial rezonings in that area both to the paral uh just south of this one along um Twin Lakes and then on the other side of Twin Lakes Parkway as well as some additional expansion on the other side of Old Statesville Road for uh the auto plaza uh so this is an area that staff did look at during the comp plan process and during community area planning and identified it again as uh an area for manufacturing Logistics uh and rather than some residential outcomes Innovation mixed juice is present uh as a place type there along North Lake Auto Plaza Boulevard uh and that is the the requested zoning District this evening but again the primary outcome is a residential only project which does give us some concern given the uh recommended place types and Zoning District along both alexandriana and Twin Lakes Parkway in this general area so with that again staff is is not supportive of the request and we will turn it over to the petitioner team and take any questions following their presentation thank you thank you Miss Grant 10 minutes good evening mayor L mayor protm members of council and members of the zoning committee Bridget Grant land use consultant with Moran Van Allen I'm pleased to be here tonight representing the Embry team Joel Alby is also with me we'll be happy to answer any questions as they arise um it isn't often that we find ourselves at this impass we've had several conversations with staff and this is one of those rare times that we just couldn't reach consensus or identify a creative solution but it was not for lack of trying this is one of those moments where the policy and the vision don't align with what the site can specifically be designed for or the market reality of what's happening so Dave did a great job of giving you the basics of the site and we appreciate that staff has acknowledged that if this is adopted it would support four of the 40 comp plan goals it would provide a 10-minute neighborhood neighborhood diversity and inclusion healthy and safe active communities and integrative natural and built environment as you mentioned the site is located just south of alexandriana between Statesville and Twin Lakes and while it has adjacency to I77 and i485 it doesn't have any direct connections this graphic depicts the site with a half mile radius and a one M radius and you can see within a half a mile of our site which you can see that the project s's in the lower corner and within a half a mile you have Michael Jordan's 23xl the new Nascar headquarters as part of a mixed use development JM Alexander ble and North Mech schools again all within a half a mile as well as Brighton Town centers Walmart if you go a little further beyond that half mile to the one mile you can see that there are a number of other employment opportunities in this area this is just showing it in zoomed a little tighter with the opportunities for employment and the opportunity for a walkable environment while our site is in the etj and the 2040 Place type recommendation is for manufacturing and Logistics this pocket of M&L is bound by Statesville to the west hunterville to the north and so it's located on the interstate without that direct access the red area is what Falls within hunterville land use plan and you can see that again that mixed use opportunity there's a soccer Clinic Dave's correct there was an Innovative light industrial move to the south of us you can see our proximity to the schools and to the Walmart grocery store this is depecting the mixed site that's caddy corner from us that shows you that broad mix of uses and that Huntersville views this area with the circles as an opportunity for activity centers and a mix of uses so while we recognize that the place type south of alexandriana is leaning towards more manufacturing Logistics their broader view is for a larger mix of uses I also think it's important to note that over the past 20 years majority of the parcels along this Corridor have been developed with the exception of this one it sort of speaks to the difficulty of developing other office or industrial Flex spaces on this site so I won't read you this entire slide but the basic gist is that the leading broker took this out to the market in the fall of 2023 they sent out a 100 requests and packets for information and they received um a number of responses only a handful of them were forcing single family two 20 were from multif family they receive no offers from anybody from industrial or Flex or office so we did follow back up why wasn't anyone looking at the site for this particular use essentially it was because there's only of the 19 plus Acre Site only about 12 to 13 acres of it is actually developable within that area that's developable there's about a 50ft grade change that can be a little costly for larger buildings that are typically accustomed to be built for industrial uses or even industrial Flex they require more parking so the cost of construction on the site would result in creating spaces that wouldn't be competitive with rents for similar products in the area essentially that's what led us to a multif family product the reason why multi family works on this site as opposed to non-residential uses is because you can do multiple building site and work with the topography changing the angles of the building there's less parking required we're able to preserve and dedicate that 5 Acres of open space space on open space on the south side of the site it also includes a 2.5 acre conservation easement we think this is appropriate for multif family because we're in proximity to three schools and it's not very often that you get to say you're within a half mile of that type of Campus plus be near a grocery store and employment and provide a crosswalk or apologies a sidewalk offsite to fill in a gap to give you a direct connection Dave mentioned I believe we are also on um two bus routes you can see on this bottom graphic I apologize it's a little light the light is showing where we would be providing on-site sidewalk the green is 12200 linear feet of sidewalk that we would construct offsite as part of this resoning and then the Orange shows you the existing sidewalk all of that leads you to an intersection that is signalized with pedestrian crosswalks and gets you to that mix of uses we've continued to work on the site plan over the past few months we've found more information about the site constraints and so we have dropped the number of units that we're going to be proposing from 350 down to 300 we know we're going to be preserving that 5 Acres of open space we have that Community benefit of the 12200 linear feet of offsite sidewalk and we're also going to be looking to add 10% of the units at 80% Ami for a period of 10 years so I'm pleased to say when we take all of these things into consideration in addition to the four um goals that staff identified this plan could meet we've added a fifth and that's the ability to provide provide housing for all goal number three and with that I'm happy to answer any questions thank you Mr Grant any questions Miss Mayfield thank you I'm going to have a question for Mr Patton as well Miss Grant not a question thank you for having a discussion with the petitioners and thank them on my behalf and my colleagues behalf for identifying opportunity with diversifying the units that's in there Mr penon earlier today council member Graham and I and the mayor attended a conversation with the county regarding etj and Roads and the impact oh and council member d as well thank you our head of Transportation regarding the etj and Roads and impact is this and this may be a question Miss Grant that you might be able to answer is this something that we're looking at potentially at petitioning to be brought in through annexation uh that would probably be a big better question for the petitioner so M Grant do you know if and I'm just trying to get an idea if there may be a conversation with attempting to Annex into the city because we have these orphan roads and that's causing some challenges for the residents regarding who maintains it we haven't had the discussion yet on annexation but we can look into that and I will say this site isn't proposing new public streets to to go through it okay so if not if it stays in the etj it will be helpful as you all are working closely with staff to identify exactly who the roads that are a part of this who is going to be responsible for maintaining them so that we have a good idea again this is somewhat of a new conversation but it's not a new conversation regarding orphan roads but on the front end now that it's been brought to my attention I just want to make sure that I'm understanding that on our end we're making sure that we protecting not only the petitioner for development but the future residents that will be there thank you thank you Miss Johnson thank you I have a question for staff currently this is not recommended by staff is that correct that's correct yeah and and tell me why tell us why again uh this is an area that we just did not identify as uh having any kind of support uh outcomes for residential it's primarily been looked at as manufacturing Logistics and IMU which is either uh supporting job creation Economic Development opportunities IMU is somewhat of a transitional type of District where things are starting to get out of industrial uses great generating more uh towards mixed use or adaptive reuse projects uh so it's just an area that again we didn't see as uh being supportive for residential the residential recommendations are really on the other side of I77 closer to the North North Lake Activity Center uh but this was an area that was identified for uh manufacturing logistic uses and recognizing the existing zoning and some of the already existing uses that are out there which again did not include any residential outcomes so I do have a concern because staff is not recommending it we talked about that earlier but this also doesn't have any Community oposition um so that we have that um I'm familiar with the area is there currently residential over there uh there may be some on the Huntersville side if you go a little bit further north but that's not until you get up towards Hambright Road uh there might be some proposed projects on the north side of alexandriana on the north kind of east side of Old Statesville uh but there's none immediately adjacent there's the soccer fields and then the existing School uh and then some commercial a little bit further down on the Huntersville side everything on the Charlotte side South is either office or non-residential uh uses so it's office or non-residential is there any industrial over there uh there is industrial zoning uh some of those zonings have taken place as recently as this year uh but there I I don't know exactly what the full uses are uh some of them were for supportive uses for the auto uh mall and the auto dealers next door uh but they are zoned for industrial type outcomes yeah so the okay I would ask Bridget the same thing how close is the residential um to this site so in our view there's residential on the other side of 77 there's also residential caddy corner from us to the north at that Michael Jordan mixu site where he has as new corporate headquarters directly north of that is additional multif family that's being proposed and then if you can look on the map graphic you can start to see there's residential where the colorful graphic is pointed in and I hesitant to use the pointer um there's additional residential in that area so there is residential in the area but the closest uses to us are the soccer fields the three schools and then as Dave mentioned some supportive more I wouldn't say it's true industrial heavy industrial but more light and Industrial Flex office okay so for my colleagues I just want them to recognize the difference um this staff is not supporting this because of the vision for the area is my understanding because of the vision for the area so it's sort of us up to us how we're driving this area um there's not any Community opposition um like there was for the other petition so it's a different consideration you said it's near three schools right elementary middle and high school now one thing you said it's close to employment there you have the North Lake Auto Mall as well as everything if you look at going further down Eastfield Amazon Carolina office of services there's a number of Institutions plus there's the additional retail coming into the area with Brighton Town Center and I know we talked about price point you mentioned that 10% would be at 80% Ami but I want you to hear the places you're naming for employment Amazon and I'm thinking Walmark and those different type those different the the auto mall so think about who's able to afford and what Ami they're in so um I if you're going to use that um scenario then I think we should look at being consistent on that price point if if you're saying employment is a is a factor and what type of um employee can afford 100% Ami or even 80% Ami I appreciate that thank you that's all the questions I have thank you Miss air thank you Madame mayor so I struggle with this resoning petition for all the reasons that David have highlighted uh I see to the West we have a commercial Ed like Warehouse um so when we are talking about multif family and potential well new residents that will be coming in and you got dealership uh nearby and this commercial use um it you know it just concerns me from the quality of life issues um other question so I I don't know if I can support this uh in its current form uh I do like that there is a conversation about dedicating a future neighborhood park how is that coming along we were finalizing details on a conservation easement that's within that 5 acre area so we're working with multiple departments and agencies to make sure we can dedicate it all great with the county okay um just um I'll have more questions for you I'll probably have to drive by this side um just to just to Envision what what you are all looking at from from the residential perspective but I'm with staff on this thank you with no other if no other questions I'd like to mooved to close more there others got DRS oh who's up next Mr DRS yes Mr D is okay thank you um so uh I will repeat as I've often said my my first instinct is to go with the staff I appreciate your work and uh I would um be very thoughtful about arriving at a different conclusion what concerns me about this is kind of a principal question and that is uh if the fact is that nobody wants to buy the land to put something there that aligns with our plans then what do we do about that we need to take another look at our plans uh and I I would just remind you we had a uh density bonus for a long time on City no one did it right so we said you can have all this extra density if you build the for no one did it so at some point we do have to achieve some sort of convergence between the goals and and the the vision that we have and then the reality of where the money comes from and where the investors are and and where the demand is in the market and the market does reflect the desires of participants like people want rental properties and so the builders build those rental properties it's it's not some decision that a developer makes in a vacuum they look around and what they see is a greater opportunity to rent housing than they do to create the type of facility that we think belongs there so I think we need to work on that Mr Patton I'll get with you and uh look forward to your conclusions uh District rep um but I do think there is a fundamental thing an issue there on the etj I just want to remind everybody we did execute an agreement in the context of our update of the mou for the uh uh MTC that uh the interal agreement uh to the effect that we will work with them to address the question of Orphan roads and orphan roads is a funny subject uh the one that's most famous on Palisades Parkway came about because that particular location was supposed to be annexed and then the state passed a law eliminating involuntary annexation and it got stranded so it's literally an orphan um otherwise those roads are the responsibility uh ncdot I've talked to the district engineer about that and how we can uh also participate in uh efforts with ncdot and the county to identify those situations and make sure that the development process uh takes into account what the road situation is just want to say that about the etj I was on the call today uh it's apparent to me that we're going to have some conversations we will need to about how our Udo operates in the etj um but so this is just a case uh but on on this one I have a concern that we turn the down and then what happens you know I think there was an intensive marketing effort from what I understand and people just didn't want to buy it for the use that we have in mind for it so anyway let's keep working on this one and uh Miss Johnson I look forward to hearing from you thank you to close thank have a motion to close second a motion and a second to close public hearing all in favor raise hands any oppose that is unanimous we're now going to go to item 25 which is resoning petition 202 24-410 a half an acre located on the east side of mway road west of Craig Avenue it's in District 5 and the current zoning is neighborhood 2B and the an office Flex campus proposed zoning is neighborhood Tob and the staff recommends approval of this petition I do don't believe we have any opposition to it and Mr carmichel would represent from um petitioner so let's hear from the staff thank you uh again this is item 2024 041 the site is an approximately Halfacre triangular parcel located on the east side of mway road due east of Craig Avenue surrounding development includes a mix of Garden Apartments Town Homes as well as single family there's also a Town Home Project under construction immediately to the South property surrounding the site to the east west and south is zoned n2b and there is n1b zoning As you move Southeast on Craig Avenue as the area transitions to a more single family conventional development pattern the Home Depot is zoned commercial center and there is also a mix of ofc CG and ml2 uh zoning present in the area the place type for the subject site is neighborhood one but the mway Road Corridor includes a mix of neighborhood 2 commercial and Neighborhood Center Place types staff recommends approval of the petition as it will allow for the site to be developed with a mix of residential uses that are consistent and compatible with the existing mix of multi-dwelling development single family and Commercial uses in the area there's residential support uses in the vicinity and the site is within a quar mile of a neighborhood center the site is in an identified access to housing Gap and could facilitate goal of the goal two of the 20 240 comprehensive plan which is neighborhood diversity and inclusion approval approval of this resoning will change the place type to Neighborhood 2 consistent with the place type immediately to the west of the site here if you have any questions all right why don't we hear from the petitioners representative Mr Carmichael thank you madam mayor members of counsil in the zoning committee I'm John carmichel here on behalf of the petitioner with me tonight are Dale Olsen and Darren Su of the petitioner the site contains just over half acre it's located Southeast corner of the intersection of mway Road and Craig Avenue this is an AAL of the site this is mway here Craig Avenue is here and row roads just to the north of the site off the page uh North Windover is to the west of the site oakr Park is to the east of the site and this is Home Depot here this large white roof and then this is a zoomed in aerial of the site or site here is outlined in green this is the zoning map um the site is Zone office the blue is office and then the remainder of the site is Zone n2b you've got n2b zoning to the west south and east of the site there is a little n1b zoning to the east of the site here then you've got commercial General and office zoning to the north of the site uh the request is to reone the site to into n2b to allow uses allowed in that District on the site including town home dwelling units uh the petitioner did develop by right uh an adjacent an adjacent Parcels of land this is the resoning site a town home Community um we're happy to answer any questions we appreciate the plane staff's recommendation uh of support and once again happy to answer any questions that you may have all right are there any questions Mr Elena um thank you Madame mayor uh just really quickly Mr Carmichael um you had a community meeting was it any real participating any interest questions had we had one person attend the it was a virtual community meeting one person attend the community meeting we then heard from a neighbor here uh outside of the community meeting who had some concerns about storm water and privacy fencing on the existing Community here and so we met with Miss cree and others on pardon me June the 5th and as a result of those meetings uh the petitioner is going to extend the privacy fence along the common property line of the existing development and then they also had a storm waterer concern and they're going to look at that and they're going to um make some hopefully some improvements to that and we'll we will stay in touch with Miss cree and others and the other thing they asked and we have reached out to seedot was whether this intersection of Mal and Craig if that could be a three-way stop right now it's a stop here and then a through movement here uh and I emailed Miss king of seedot to ask that question and she's looking into that and is that something that the developer would cover or would that be do you know well we we can certainly talk about that I don't know what SE dos and I I don't expect them have an answer on that tonight but we we will follow up on that okay I'll be happy to plug in and okay help with that yeah I I drive down this road all the time and that would certainly be a traic traffic calming measure although it is a major collector and I don't know what C Dot's position on major collectors is with respect to a three-way stop but all right thank you so much that's all I have mad all right thank you I have a question all right Miss Johnson thank you this question is for staff um I I realize that this is an conventional zoning so we don't have a lot of information but if you look at the school impact on the last page um it says Alexander Graham well no also say Myers Park High from 119% of capacity to unknown Alexander gr middle from 100% to unknown so I realize with the these these developments or these petitions we don't have a lot of information but this is one of the things I talk about with cumulative impact if we're getting these petitions and we don't know what impact this is having on schools the existing residents the current residents feel this so I think in our policy I don't know what we can do but I I I don't think that unknown for school capacity is sufficient information there should be something that we should ask for some type of B basic information M Johnson I think two of my kids went there it's been unknown and they're in their 20s Myers been unknown for a long long time at Myers Park and Alexander Graham it's really ter I mean it's just one of those things well at some point we we as Council have the ability to do things differently and it's not just Myers Park and and Alexander Graham it's other it's all schools in the city so I thought you were talking specifically about them okay any other questions to close all right we have a motion to close second all in favor I thank you okay all right thank you very much our next item is item 26 petition 23 um 24 by the paces foundation for approximately 10 acres located on the east side of dilling Farm Road north south of mois Chapel it's in District 3 council member Brown and it's mixed use residential is the current zoning and neighborhood to be conditional is the um proposed zoning staff recommends approval of the petition and I believe do we have a representative um Nolan gross Nolan gr gross oh there sorry got it right noan gross looking that way sorry so um we'll go ahead and have the staff presentation and I believe at that point you'll have 3 minutes or because they're going to be short and brief thank you petition 2023-24 is just over 10 and a half acres located on the east side of dilling Farm Road South of mors Chapel Road property is current currently zoned MX2 propos zoning is n2v CD 2040 policy map recommends neighborhood one place type proposal is for up to 120 age restricted multifam stacked residential units along with accessory uses allowed in the n2b zoning District would provide a 10-ft Class C buffer with fence along the western property line we adjacent to N1 zoning and place type commits to transport ation improvements including dedication of 33 1/2 ft of RightWay as measured from the dilling Farm Road Center Line access would be from dilling Farm Road by a private Street provide an 8ot planning strip and 8ft sidewalk along dilling Farm Road from the sight's access point to the Moors Chapel Road sidewalk limits Building height to 48 ft and limits detached lighting to 21 ft staff recommends approval of the petition it is inconsistent with the neighborhood one PL Place type recommendation however uh the site is currently entitled for multif family dwellings via uh 2005 rezoning petition would provide an additional housing option for seniors a growing segment of our community's population and the site is within a 1-3 Mile Walk of neighborhood services including a grocery store pharmacy dentist and doctor offices and restaurants the petition could facilitate the comprehensive plan goals of 10-minute neighborhoods neighborhood diversity and inclusion and housing access for all and I will take any questions following the petitioner's presentation all right would you like to speak to this petition thank you very much um Mr gross thank you mayor members of city council and the zoning committee Nolan gross with Urban Design Partners representing the paces foundation on resoning petition 202312 before Paces Foundation is a is an affordable housing developer uh locally and across the southeast on your screen you can see the S as that exist today off of dilling Farm Road here's an aial of our site located east of dilling Farm Road and I i485 to the south of Moors Chapel Road and West of Kindle drive an additional area you can see the site is predominantly wooded there is a creek along the Eastern property Edge Joe mentioned the site is zoned MX2 from a previous entitlement for 179 Apartments we are requesting to rezone to Neighborhood 2A conditional for the development of 120 affordable age restricted units here's that previous entitlement 2005 uh again 179 Apartments along the western edge of this resoning site plan 2040 policy map identified the S side as neighborhood one however it does a but commercial and is nearby to a neighborhood center so here's our initial site concept we held a community meeting on November 30th displayed this site plan and receiv received feedback from Neighbors while it was a small meeting only three community members in attendance they provided ample feedback and concerns related to building design walkability uh roadway improvements so we went back to the drawing board uh and modified the site plan here you can see what is proposed before you this evening there are some slight differences the first being the building design neighbors preferred an L-shaped building as opposed to two structures so we have gone back met with our Architects modified the building design and reduced overall unit count from 140 to 120 uh with that we've also reduced the parking area decreasing the amount of impervious coverage we've received a street exception from subdivision staff by code we would be required to connect to samin Lane however due to severe topographical constraints that has been waved uh which is why the roadway is now Pro proposed as a private Street rather than public and we've also relocated the sidewalk uh which previously navigated interior to the site to Moors Chapel Road which will now be located along the private Street then following dilling Farm Road up to Moors Chapel we've been in coordination with ncdot and they are agreeable for us to look Lo at this within the right of way here's another building the paces Foundation is working on the Legacy at car Heights this gives you some sample elevations of what this project is proposed to look like uh they'll utilize the same architect the same general contractor uh so it gives you an idea of a building that's currently under construction and hoping to be finished soon thank you very much happy to answer any questions thank you are are there any questions for Mr gross um um Miss Brown Miss Mayfield Miss Brown yes so thank you so much for your um for your presentation I am I was wondering about the community meeting because you know I'm very engaged but it happened before my time slightly before my time I mean I had been elected but wasn't in my role yet I did get some feedback from community members like 10 of them and um they said you guys were doing your due diligence you were working together I really appreciate that they're not 100% there yet um I just wanted to share the concerns that they sent to me and the emailing speaking with them I don't think that they are completely in support of it right now so I would have to get my little heels and my boots out on the ground and go out in the community and see what the concerns are like to look at the site I love um the affordability piece that is certainly something that we need more of I wanted to ask you about age restriction though is it going to be Senior Living yes ma'am so a age restricted I don't have it on the screen but as defined in this petition uh is a community intended and occupied such that 100% of units have one occupant 55 years of age or older however in talking with paces foundation and Soho housing Partners the average age of residents is typically closer to 80 80 years for this particular project in projects like this that they typically develop yes ma'am but but it is restricted 55 plus okay it's restricted 55 plus one member yes ma'am in every single unit okay and so but you said the average is 80 it it is older and that that's just a common Trend that this developer sees in in their existing projects all right and how many units 120 120 we reduced that from 140 in the original proposal all right um give me just a few moments take your time yeah I'm yeah I'm still looking they were concerned about the congestion in the mor chapero area um it's another you you've already know you've already spoke with them yes ma'am I I'm I'm aware of that concern we were actually asked to coordinate with ncdot about a possible Improvement to mors Chapel Road I I've had email correspondence with that reviewer forwarding the neighbors's request uh the reviewer informed me that that would not be allowed ncdot would not support the requested Improvement and I have passed that along to the neighbor and I I received a similar email to you councilwoman uh addressing you know a few concerns we're not 100% there yet and we're in the process of scheduling an additional additional meeting and we'd be happy to have you there yeah with the two depths in my family though I got like 200 emails so I haven't been able to check check everything but I did get these were at the top so I tried to see what was going on cuz I know we were going to be on for zoning and I wanted to make sure that I express the concerns of the constituents but I be more than happy to work with you work with them to see what we can work out on a common ground and you know just move forward with that but thank you always for reaching out to me seeing what the concerns are and being transparent with the entire process thank you thank you I have no further questions at this time Madam mayor thank you thank you m brown no Mayfield does m thank you Madame mayor Mr G um along with council member Brown I think we all received a received Outreach that you also received I'm now that you've noted that the residents are 55 and older but Paces has seen up to Residents up to 80 residents are a lot more active today I don't see any amenities when I look on this plan or on there I see the private Street of which I would like to know how that's going to be maintained and what's going to be in the actual language for maintaining that so that that does not become a orphan Road at some point but what are the actual amenities that's on the site CU I don't see anything outside of the building and parking that's a great question councilwoman and and working with Soho housing Partners in the peses foundation we floated ideas of Community Gardens different active amenity areas but you are correct none currently are shown on the screen we're happy to go back with the development team and commit to those moving forward though I think that would be helpful because it was definitely noted that residents wanted to know what the community benefits are and again a lot of our elders are a lot more active today I was speaking to someone earlier where their mother who's in 80s is still a tutor and still very active and travels and a lot of other things so it will be helpful to see whether there's walking space park space some type of actual amenity that is on this site for the residents as well as getting an update as far as how the conversations are going with the residents in the area because it was mentioned even though it was a short a small number most of the residents that live in that area are working adults and they're at work in second shift and third shift so they did have representation to reach out to all of council to just share that they would like to continue conversation happy to do it thank you councilwoman thank you madam mayor all right is there any other comment or question Miss Molina Madam mayor look I this season even I actually I don't think I've even in reviewing that ever thought about this but I think as we think and this is just a total off statement but aging means something totally different now it really do like 50 60 people doing way different things than they once did I mean really active very involved still probably really getting good into the second swing so that is something great to think about yes yeah so thanks for the consideration um so um is do I have a motion to close the public hearing move second second any all in favor please raise your hand all right thank you very much then thank you Mr all right our next petition is in District 4 the current zoning is commercial center the proposed zoning is General commercial staff recommends approval um so let's see we have a presentation and then we will hear um from nothing me Mr Mr Fox has been sending you down here you should tell him we want to see him sometimes you're stuck with me for tonight I'm sorry he was here earlier yeahuh okay all right thanks for coming um and so we'll go ahead and have the staff presentation and then 3 minutes for you thank you thank you this site is just over an acre located along the Northwest side of Mard Creek Road near the caparis county near the CIS County Line the site is currently vacant but it's in an area with various residential and Commercial developments it's currently zoned commercial center CC that's a legacy district and that is as a result of a 199 petition that was over a larger area that allows for retail and general business uses on this parcel though they were never developed out for this specific parcel the request is for General commercial which is consistent with the policy M's recommendation for commercial at this site it's a conventional request so there is no Associated site plan the proposed zoning District would allow for similar similar uses to what is already entitled through the CC plan that's on the site but more importantly the site will be developed in conformance with the Udo which creates preferred outcome to development rather than the CC District the application of commercial uses is appropriate at this site given that it's located along a major arterial Road and this development May provide goods and services to the nearby residential areas we recommend approval of this petition and I'll take any questions following the petitioner's presentation all right let's go ahead um let's see Mr Remington thank you um Mr Jackson I'm sorry it's okay okay um good evening mayor um sorry Madame mayor um City Council Members planning staff um members of the zoning committee um thank you for this opportunity to present before you tonight um as was mentioned my name is Remington Jackson attorney at um Law Firm Parker Poe um we represent the petitioner on this application um we want to thank the staff first for um working with us on this resoning to determine the best um res zoning um district for this plan project um thank you for your support the petition overall um start I originally did this presentation not knowing if there would be opposition so it's a lot longer but um I'll just shorten it down to the main parts um as you can see the address um 13721 Mal Creek Road um it's 1.1 acre um it's in the Charlotte etj um as you can see the arrow of the site um it's at the corner of maler Creek Road and Carolina Lily um the star represents where the um project would potentially B um theis thing has already been mentioned is currently CC um we're asking for um CG um General commercial um the potentials um that are being looked at right now are potentially a restaurant but there are um many other uses that potentially could be at the um site um we did have one community meeting where no we had no attendees um come but um we've also received no um opposition to the resing petition um these are some of the res recent and pending rezonings um and again the rest of this would not be necessary since um again thank you staff for um supporting this petition wanted to um say thank you again and we're happy to answer any questions um you may have all right Miss Johnson thank you Madame mayor are there any proposed traffic improvements uh because this area there is a lot of pending resoning or and a lot of approved so are there any traffic improvements proposed um not currently we haven't um proposed any additional traffic improvements we um previously the petitioner had dedicated a street right near um this one if you look go back the top leftand corner where that car is located um that street was dedicated by the petitioner um for um public Street or fire lane outside of that the petitioner hasn't um move forward with any other um traffic improvements I'll just add that it is a conventional petition so we don't have a site plan that would dictate whether or not Transportation improvements are needed but once it goes into the pering process to depending on the trip Generation Um or the uses considered they may have a comprehensive Transportation review required at that time okay so one of the things that I've asked for routinely is a a map of all the pending of the approved and pending resoning that helps visualize you know the cumulative impact I would like that for this petition so I can share with my colleagues there's a lot of resoning that are approved in in this area of Mallet Creek is kind of narrow so I'd like to be able to show the U my colleagues that we do have the resoning history map that's included in the staff analysis but if you need a larger area shown than what is in the rezoning history map which does include pending and approv petitions we can work on creating a more zoomed out version right the staff is familiar because I've asked I've been asking for it for a while yeah so because King's Grant is not too too far from from this um so I would like to see a map so I can consider this thank you move to close second motion to close and second all in favor please raise your hands okay thank you very much thank you the next item is item 28 29 29 that's we're deferring 28 and we go to 29 petition 20 24- 011 by Eastwood homes for approximately 17 Acres located along the south side of Johnson Ola Road East Prosperity in District 4 current zoning is neighborhood one a and the proposed zoning is neighborhood 2 a conditional staff recommends approval upon resolution of outstanding issues related to Transportation all right miss montavo you got it thank you again this is uh item number 2024 011 Eastwood homes the subject site is a 17.4 acre parcel on the south side of Johnston NOA Road approximately 800 ft east of prosperity Ridge Road the surrounding development pattern includes School uses to the east a mixed used Community to the north that was approved in 2019 for senior housing multif family and a child care center and a mix of and a mixed use development to the west of the site that was approved in 2020 for 432 units supportive commercial and a small Park area the site is currently zoned n1a while there is n1a zoning to the immediate East the property is developed with the school use as opposed to residential development property to the West is zoned ur2 conditional and ur3 conditional zoning is found to the north As you move Westerly along Johnson oler Road the zoning transitions to include CC and NS zones the site is in the neighborhood one place type but is sandwiched between the campus Place type to the East and the community Activity Center Place type to the West The Proposal is for a residential project consisting of 115 multifam attached units that includes connecting to the street system approved for the project to the immediate West Via the extension of Ragsdale drive and Tournament Drive architectural standards are proposed including maximum building lengths of 150 ft a maximum Building height of 48 ft and usable porches infrastructure improvements will be provided along Johnston Ola Road and internal public streets will include an 8ft sidewalk staff recommends approval of this petition upon resolution of outstanding issues related to Transportation as the proposed development is consistent and compatible with the emerging development pattern along Johnston oler Road connectivity will be provided to the adjacent residential development and the site is within a quarter mile walkshed of a community Activity Center which provides residential support uses the petition is inconsistent with the recommended place type and approval of this resoning would change the place place type to Neighborhood 2 which would provide a more appropriate transition between the community activity center and campus Place types Additionally the petition could facilitate goal one and goal two of the 2040 comprehensive plan I'm here if you have any questions thank you so uh Mr pridemore yes okay so you will have um 10 minutes along with that Mark cman Robin fison and Antoinette Mingo there is opposition and um Juan yuven will have time as well is Juan you've been present okay great you go right ahead Mr Pride okay thank you mayor proam mayor L council members and zoning committee uh I'm here on behalf of uh why I should start Brandon Pridmore arjel Harrison Associates we the civil engineering consultant for the project uh we're here on behalf of Eastwood homes who is the applicant um Eastwood homes as you know has been doing business in the Charlotte region and still familyowned business 47 years after they started here so we're they're very excited to be able to hopefully introduce another Community uh in the greater Charlotte region uh and more specifically here in Charlotte and then uh Robin faas is the um is a family um of the property owner so she is here as well so uh we have both the applicant and the property owner uh represented but I wanted to just kind of point out if look at the map that's on the screen before you um the site is currently Zone n1a staff has noted we are seeking in two-way um if you look at what's happened development pattern wise all around down to the east we have uh Smith Farm which has been uh developed currently as both attached multif family and a traditional multi family uh if you look to the north of Johnson a road there is multif family and attached units being developed there and as staff had noted as well you know directly to our East we have campus we have both corvian u schools there and then just a little bit further down we have maler Creek High School so we feel that the development pattern that's being proposed is very consistent with what's happening in that area and and in a lot of ways this is the last when I say substantial Parcels that are probably greater than 5 Acres that are remaining for this area uh we do have uh we do have a single family development down to the south of us which is um Hayden Commons but we are disconnected from them uh there is a Duke power right away a stream we have stream buffers so we're we feel like we're buffering and protecting those folks down there but more importantly too this is a great location as we're sighted um if we look at this we're sighted right here in the middle of Johnson aor and prosperity Ridge Road we've got Benfield over here as we look at it but we're we're situated almost dead smack in the middle of three uh Park opportunities that exist uh we talked about I heard Mr rrig mentioned earlier about amenities we will cover that on internally as well actually it was Miss Mayfield I believe it was but if we look at it we've got Mard Creek Park over here less than one mile as you drive all the way over here but much shorter than that if you cut through maler Creek um High School we've got Stanley Farm Park which uh it's my understanding has just been recently uh dedicated to the city it is undeveloped unplanned at this point uh but that is following Tournament Drive walking the sidewalks that'll be interconnected that is one quar of a mile away and then to the north if you were to take the sidewalks that are available along Prosperity Ridge Road and cut on over Ridge Park is actually right there to the top of my sign but again less than one mile drive very walkable in a lot of sense of uh today's active communities if we look at land uses I kind of covered those but we do have the community Activity Center that's being heavily developed over here immediately to our West uh again the campus uh development that exists currently and uh some current um work going on as well uh directly to our East and then we have multif family uh adjacent to us to the north as well so again very consistent I think overall in the grand scheme of things if we look at the site plan uh this is one of the questions that did come up um I I I want to step back for just a moment and note for the council we did have two different meetings uh on February 24th I believe it was we had our virtual meeting which is our neighborhood meeting that was required and then on June 5th we had a follow-up meeting uh with notification by Miss Johnson who was kind enough to attend both meetings with a uh developing Coalition that uh is very active in her District so uh we're going to base some of the responses based on the feedback we got the first meeting didn't have a whole lot uh very good just one neighbor did show up for that meeting but when we met with the Community Coalition there was probably the better part of 12 plus people there at that meeting so we do want to address those items uh one of the things that did come up was amenities uh normally during the resoning we don't normally address that you know we always intend to uh provide amenities when we do the Civil design there's a lot of things that have to go into it based on engineering getting everything to fit and then we figure out where do we fit it but uh looking ahead based on the question that we got from the um I'll call it the Community Coalition just to shorten it rather than give an acronym we're identifying this area as our amenity area specifically they ask for a playground uh we are going to offer a playground and seating area and then should space be limited we're looking at this as an alternate location as well so we are going to provide that at a baseline minimum um as we look at the site we're looking at two different type of products we're looking at a 20ft alley load product up here uh the areas that you see in yellow there's 27 of those and then when you look at the lighter blue uh there are 87 22t wide uh front entry town homes that are being provided uh the gross density of this uh our revised density is actually 114 after addressing all comments I know staff noted 115 uh that'll be a density of about 6 and a half units per acre as we look at the gross and then and when we look at open space uh we're required to have roughly about 04 Acres to satisfy it we have U 2.7 acres in open space not including the tree Save which is about an equal area so we far exceed the open space requirement uh that is required by ordinance and then one of the big topics that went on for uh quite a discussion and I think in some of the correspondents that you as council members saw uh from the Community Coalition and my response back this morning was uh parking um I wanted to address that in several parts to it one is that uh we did did offer that we are going to have on street parking available uh didn't really have it highlighted when we had the Community Coalition meeting we do have it shown but didn't really have it highlighted but what I did is go back and look and identify specifically how many spaces we'd have we'd have 13 up here on the Northern portion of the site and then we'd have two opportunities here with 10 spaces here so we're providing uh what we feel are 23 overflow parking spaces which would be for visitors extended family that may come and visit you know those type of things uh more importantly as we look at the uh rearload Town Homes this is going to be a two-car garage two-car driveway space so there's four spaces allotted per unit here uh this is going to be uh more of a consideration that we're going to ask for at the Community Coalition meeting we kind of noted that we'll have a onecar driveway and a two-car uh driving space we'd actually like to leave that open um to be the onec car driveway uh the onec car garage at a as the Baseline and what we wanted to do was just based presentation let that be a buyer option if they want to have a second space uh a couple reasons for that one is we're trying to avoid having a sea of concrete as we thought about it because parking spaces take up the front yard especially with a town home um and so and then as well not all buyers are going to need that many spaces so we are going to offer it as an option but would ask that Council and the zoning committee not make it as a requirement even though we did kind of indicate that in all honesty uh but if we look at the counts um and the 20ft alley load Town Homes off you know just on lot no on street parking we're having 108 spaces provided if you look at the 22 uh 22 frontload town homes with the one garage one driveway space there's 174 for a total of 282 total parking spaces um the city code only requires one and a half spaces per unit 171 we're 65% over without even talking about the 23 on Street spaces we're going to provide so that is just something we wanted to kind of throw out there uh for consideration as we move forward with this hopefully and then two minutes left okay the last thing I just kind of wanted to cover was uh related to the parking was they did want to ask for a designated visitor uh visitor parking um I did have a conversation with seedot this morning with u Travis Miller and he did note that seedot would not approve visitor parking designated spaces within their rideway which would be go back one which would be these areas here so uh unless there's some other mechanism we're we're not um you know disagreeing to have that ability but if it's going to be a condition it'd be subject to seed out approval but as of today seed out said they don't have a mechanism to approve designated visitor parking spaces within their right away and then lastly I just wanted to cover one of the concerns that came up was rental caps um they did ask for um a cap on rentals and that no individual ual owner or entity could own more than three uh dwellings within the community and Eastwood homes is agreeable to that uh talking to staff they prefer not to have it on the Reon because it's impossible to enforce but we're telling you that we you know we're promising you that we will have it in our CC andrs and I'm here to answer any other questions you might have thank you Mr uen Mr Juan uen if you'd like to come down you will have 10 minutes as well uh so good evening uh my name mayor members of city council my name is Juan juen um I am the vice chair of the Charlotte District 4 Coalition as the gentleman mentioned we met on the 5ifth and here our are ask for the for this project to go forward uh to put a 25% cap on the amount of rental second half to cap the amount of individuals say the entities of units that can be hold to one owner uh we want to a boy corporate buyers buying a whole uh the whole lot uh we also want the proper signage throughout the community so if the Lots Were Meant to excuse me if the parking spaces are meant to be for visitor to Clearly say that that they're meant for visitors and to put up the appropriate signage at front rather than at the end uh because if you don't do it at the beginning it just creates a precedent and it just leaves the heartburn for the ho8 when the ho8 takes over um we would we're asking for language that allows the HOA board or uh the the ccnr to enforce parking regulations and parking rules and the last one is for the developer giv the size of development for the developer to put in to put in either a playground or some type community space and per our meeting on the 5ifth the developer was agreeable to most of what we asked for so with those caveats in place uh we would agree with that process what we wanted you are going to have to helping with the language either in the ccnr or in the son or whatever but we want it in writing and and I'm willing to answer any questions you may have thank you Mr uen Mr Pride Moore has two minutes for rebuttal sure and then we'll have questions we have one more speaker in opposition he's in opposition yeah we have one more we have Miss Mingo in opposition no Miss Mingo is in the affirmative oh she's affirmative is that is that right that's the information I have yes and Miss Mingo is here she's in the affirmative Miss esir so we have the two-minute rebuttal and then we'll open up for questions so Mr Pride Moore would you like to utilize your two minutes okay okay thank you Mr U um just uh for the rebuttal it'll be very short but uh We've addressed all those things I think that he's mentioned other than the visitor parking which again we're not opposed to it but it'll be subject to seed out approval if they willing to approve it because our visitor parking would be on street and then as far as parking enforcement uh I would refer to my email that I sent to uh Miss Mingo and to you uh Council this morning I think that leads to a very slippery slope that's a lot of enforcement a lot of time labor money to enforce parking and then as well to uh I don't think the uh general assembly is narrowing in on that but those still haven't been you know completely pass so we're just kind of you know leery of making the HOA a parking enforcement agency that's all that's all thank you any questions Miss air yes um thank thank you Madame mayor so it's great to hear that there is a coalition that it's been working on this to address community's concerns uh so there was a slide um Mr pridemore where it had Ali Lord Town Homes can you pull that slide up yes ma'am so where we have can you guys so this question is for St sta uh so the one where you had right here side by side uh that wasn't a side plan it was just U Ali Lord Town Homes versus the yeah there you go front low so when we look at so with Ali are will they be required to have tree planting in sidewalk we would typically have to condu under our current regulations if there's going to be tree planting we should include in the alley we should include that as a condition so that would be part of it correct okay I know we did a text Amendment not too long ago so this will fall under the amendment or it wouldn't apply here so would apply here Mr Pon is coming Mr P is coming right so the question was if there are planning requirements on the alleys so in the base standards of of the ordinance there are not planning requirements just for base developments in our alleys if they were going to incorporate those that as uh Miss mavo stated they would have to be incorporated into the conditional notes this seems to be primarily fronting on public streets which would have sidewalks and planning strips so uh it looks like they're covered here but but if they did have some alleys they would be either subject to the standards of the Udo or they could propose U standards that go beyond that okay so so what I'm hearing is that there might be alleys that may be subject to they may not have Street uh tree planning requirements yeah if if there's alleys in this project which I can't see fully just cuz it's kind of a light graphic uh there we go yeah this so this looks like we've got just that alley in between that would not have any Street trees or plantings uh that would just serve primarily as a a uh service for entering and exiting some of those U garages or or units that are rear loaded the streets public streets would all of course have planting strips and sidewalks but the alleys in this project would not and alleys would they have sidewalks so maybe this question is for Mr pridemore can you address my question are you going to have are you going to be planting straight trees and are you going to have sidewalks in Alice so um Street trees yes but they'll be along the public frontages because all these units front a public road so we will have Street trees here here and then uh the n2a does require 8ft sidewalks on both sides of all roads so you'll have it here because this is a two plus Avenue and we'll have 8ft sidewalks all throughout the community but the alleys themselves would not because that would be very restrictive on on the provide additional parking which is kind of one of our goals is to have a two-car dri you know garage two-car driveway space per unit so where you got this top yeah so that will not have sidewalks or tree plan no ma'am that isn't typical just because that's where vehicles are going to be backing out coming and going and that is really the rear yard of the home oh so the but the one at the top is that not front facing no that will face yes ma'am oh God it so none of them are facing an alley no the the idea was that if you ride down through here the streetcape they did all the same thing like over here with Smith Farm and this over here you have a nice front presentation we see porches and doors no garages and we wanted to hold the same principle yes so no from what I from looking at this site plan those homes where you got alleys in the middle they're not facing each other no ma'am they're facing opposite each other okay that was my concern all right and um let me just make sure I got and this next question is for our attorney Miss hegler gray can limiting corporate ownership can it be part of the land use discussion because I know one of the speaker had mentioned that I and I was under the impression we couldn't have that discussion or we couldn't make a decision on that I think you said corporate ownership what I what I will say is that um your land use decision can't consider ownership so with respect to rental versus owner owner um privately owned so or selling it to the same owner multiple units well not necessarily that but zoning um is is it's prohibited from considering ownership in general so um I heard that ask about um rental versus ownership and that is probably not something you can consider in your resoning decision okay you just wanted to confirm that now if I may address that um again I we I don't think it's appropriate for staff and the resoning plan to have it uh going to what your attorney has said and based on my understanding but we'd be willing to write a letter separately in agreement with the Community Coalition just so they have a little bit of teeth and be able to hold us you know to the fire on that well we appreciate your leadership in addressing community's concerns and uh certainly um I'm sure miss mingle will hold you to that um she will well that's all I have thank you any additional questions yes Miss May pH feel thank you Mr premore still thinking about the Alleyways who's going to be responsible for maintaining the Alleyways grass debris all of that the alleyways will be maintained by the HOA so the residents so the residents will be responsible or you're saying through that would be one of the written responsibilities of the actual HOA that's correct okay and these are for sale product not for rent that's correct and I also when we look when I'm looking at my version which might not be the latest well we go all the way down on this sheet in the kodac at the end we have noted there that that's the potential recycling solid waste Station being down in this corner in the co at the end of the cot in the roundabout of the so um currently with the way it's set up staff does ask that we consider where would we put those but the plan right now is to have roll out service which we have verified can be done but we're still required to show on the resoning plan potential locations should that not work out but what your plan is for this development is to have actual roll out yes ma'am and the way that this is designed the streets we do have enough of a setback for the streets to be wide enough for the sanitation trucks recycling or Garbage to pick up and get around but for right now that's what we're looking at cuz when I look at the potential playground of course you wouldn't want it over by the dumpster that that's correct so again we had to identify possible locations and you know and then we'll finalize it like I said there's a lot of you know this is the first major step and a number of things that we have to go through that is very helpful the question that was asked regarding parking signs I can see the opportunity on the front end of at least having them noted because we I know I have received correspondents from um residents where they're in a new bill and they've had challenges with parking because unfortunately the reality is there are more people with more than two cars than there are people that don't and having just one garage with one parking space that's also saying I'm never going to have a gathering at my home for whatever reason so when people come over having a designated spaces but unfortunately those ccts sometimes end up being the weekend or the Third vehicle parking spot so at least if you're able to on the front end having the signage up just like you go through some neighborhoods you have the signs no parking on this side of the street that helps the set a president that is not something we can mandate I just asking for that to be a consideration if possible and I think we can look at the ccnr um to influence that hey residents should not Park in the on street parking spaces to reserve those but but again that becomes an Enforcement issue and you know I can't sit here and tell you that it's going to work absolutely perfect you absolutely right what I can share from what I've seen so far having the signage makes a difference it's a lot easier to have enforcement when they're signage versus they're not being that's just something that if the consideration could be made on the front end I think it will be helpful in regards to the communication with community and looking at what is currently happening in residential but I do appreciate the fact that you're bringing a for sale product to the market I hope there's some diversity in that can't mandate what your right what the prices are going to be but just hope that there's consideration of Workforce housing in there thank you uh the one thing I do just want to clarify when it comes to the visitor parking is again we work with SE do you know for the spacing but again if the policy City policy currently uh sounds like it won't allow it but if that will prove it we'll definitely do it so let me ask a question of Staff help me understand where there might be a challenge on the map with the visitor parking because the reality is coach we say we want 10 minute space we want to gather but if someone has a birthday a graduation or just because there's a good chance that other people are going to be at the house and there's not like there's real for them to easily access it so help me understand staff's concern with the additional parking or are we trying to support and encourage developments that say no you should never have anyone come visit you to see if C do can come up and convey what their General requirements are you got the Short Straw good evening Jake Carpenter with SE do um so uh the public streets uh do include the on street parking uh but the differentiator is we we do not um mark on Street spaces in the public right away as visitor or any other designation um there's there's no way to enforce whether you know a car is a visitor spot or or otherwise and we don't have those capabilities so anyone can use uh a parking space in the public right away um but the development is able uh if they would like uh in the amenity amenity area or otherwise to provide off street parking that is designated as visitor that helps something to consider so I know there's a condo right in uptown that was part of an earlier discussion off of Cedar Street you have the owners the owners have designated parking they have parking passes where whether you purchased or it was a part of the the original deal since this was many years ago they if they have a guess they know a designated numbered parking space this is where my guest can park and say 23 here's the little parking pass that you need to put on your dashboard to clarify it that is also a way on the front end that may that I will hope you would take as a consideration that may help to offset some of it just trying to think of the possible what else so that you don't have have the unattended consequences conversation later cuz there are ways of doing it that are that we have language around and that has been done for other developments that have been proven to be successful and that's helped for the residents to actually track so that you don't have someone that comes in and just pars and stays there or they again it's a home that has more than two vehicles when there's only space for two I do appreciate the fact that you have the option to have a two-car garage for some individuals but we just like to clarify what there what the challenge may be and share that hopefully that could be a consideration to just look into yes ma'am it's a point taken and we'll consider it thank you no more questions we haven't heard all the speakers that was it yes we heard from Tony they combin Tony's not so they don't want to you you guys didn't want to speak okay okay I was waiting on them okay then I did I'm sorry I was waiting everybody is ready is ready to be there for you answer you have a question well I comments I had comments I was waiting for all the speakers I'm sorry that's why I was waiting okay hang on hang on no man I'm sorry I'm sorry I didn't hear what she said what was her question she was signed up to speak she was fored with the 10 minutes were taken so now correct she was she's part of she's the property owner team okay okay all right okay stop leaving room okay so what I want to say first of all thank you to The District 4 Coalition I have uh a few members that are here today if you all can stand up the members of the Coalition go Coalition thank you it's like they're Cilan right they're coming out so District 4 Coalition is a group of um residents from different subdivisions and neighborhoods in District 4 so I'm very honored that they're here this is the actually the first time that they've spoken out for or against the petition we did have a uh community meeting it was well attended um there is a subdivision similar to this petition called glenm and we had some glenm residents and Juan is one of those so there is going to I am going to be meeting with the developer and those residents so we can get some questions answered um regarding um uh the similarities to to this petition from that one so I look forward to our next discussion um I do have a question for Brandon during that meeting and I think you clarified it today you said that there would be three parking spaces for each um yes ma'am so that's what we were re clarifying is if I can go back one slide uh like I said we we are committed to basically for I keep in mind garages count you know actual surface parking spaces count so this would be a two-car garage two surface parking spaces when it comes to the front load uh as we shared it's it's a onecar garage base and then we were looking at uh we were indicating that we were going to do two parking spaces but what we'd like to do is it's going to be a onecar parking space Baseline but we'd like to have it as a buyer option if they want to Second just for presentation purposes if you look at a 22ft town home and we put a 16t wide um driveway you're going to see nothing but front yards of concrete and we're trying to give the buyer that option and that choice I appreciate that clarification because I drove through lenm and the parking or the driveways looked like they were only one car driveway yes ma'am so there's ways to do it but and the city's been very specific with Sea Dot and urban planning you know we have to maintain a planning strip within the rideway so it's you know it goes from a one car expands to a two and so it can get a little funky if you will uh but again we think it's best for each buyer based on their need if they want that option or they just want to have a one car garage one car driveway on those fronts okay well thank you and we can talk offline thank thank you all thank you move to close thank you I have a motion to close in second all in favor raise hands any oos that's unanimous we'll move on to agenda item number 30 petition number 2024 013 by above and beyond students Inc the location is approximately 24 Acres located on the west side of Park Road South of cica place and north of Courtland Road in district 6 Mr Bard's District the current zoning is ofc proposed zoning is cac1 staff recommend Kimbell will have 3 minutes in aggregate to speak to it thank you thank you petition 2024 d013 is just about a quarter acre located on the west side of Park Road South of cica place and north of courland Road current zoning is ofc proposed zoning is cac1 conventional the 2040 policy map recommends Community Activity Center Place Ty type position is consistent with that place type recommendation staff recommends approval and I will take any questions after the petitioner comments thank you you have three minutes good evening Council uh I'm Don Williams I'm director for the above and beyond students and we are looking to yes get it reson um as he said it's a ofc and it's should we want to get it to a CAC one so that the whoever's a buyer can have more um more not more restrictions uh put placed upon them and we think that we can make that um it' be a better chance for the uh property to be sold um we have just really outgrown that well now we really not outgrow we just don't need that space anymore and we would like to take the resources that we can get and uh put it into the uh students that we serve excellent any questions close second have a motion to CL and second I will say this is not in my district but I live very close to this area so I'm very familiar with um this particular parcel and the activity around it so all in favor of closing the public hearing raiseed hands any oppose that is unanimous thank you sir thank you have a good evening we'll move on to agenda item number 32 petition number 2024 022 by qtr development partners and Sunset Road Partners LLC the location is approximately 12.11 Acres located on the south side of Sunset Road in the east side of Oakdale Road in District 2 Mr Grahams District the current zoning is n1a proposed zoning is in2 a CD staff recommends approval of this petition upon resolution of outstanding issues related to transportation and EnV environment after staff's presentation Miss Grant will have three minutes to speak to this thank you hi good evening petition 202 24022 is located on the south side of Sunset Road East of Oakdale Road sight's approximately 12.11 acres in size and it's currently developed with two single family dwellings current zoning is n1a neighborhood one the proposed zoning is N2 a CD neighborhood two conditional 2040 policy map recommends the neighborhood one place type for the site the NTA district is inconsistent with the N1 Place type approval of this petition would revise the 2040 policy map uh recommendation to the neighborhood 2 Place type the proposal calls for 110 multif family attached dwellings and four uh duplex lots for a maximum of 118 units the buildings are limited to no more than five dwelling units per building with a maximum of 24 buildings to be developed on the site uh the site's internal tree planting the site internal tree plantings will include a minimum 40 trees planted along the proposed internal Alleyway Network um and at a minimum spacing of 40 ft on Center um the following Transportation improvements are proposed vehicular access to the site will is proposed via um a new public Street off of sunsets Road um which will be a Street extension of Mulla Meadows Drive there's also proposed St Street extending to the Western property line here uh left turn lane will be with 150 ft of storage be built on Sunset Road at the intersection with the new public Street um a 12T multi-use path and 8ft planting strip will be constructed along Sunset Road and uh the following architectural requirements are proposed Windows Doors porches are required on all front-facing facades to avoid appearance of blank walls blank walls are limited to no more than 20 ft on building on buildings AB budding Sunset Road mulling Meadows Drive and internal Network required streets end units will have side facades with minimum transparency 25% at ground level and 15% on upper levels buildings will incorporate articulated facades and Architectural features such as balconies bay windows Etc staff recommends approval of this petition upon resolution outstanding issues related to transportation and environment as the proposed development would fill a need for housing in the area and has um that has been identified by the 2040 Conference of pen as lacking opport opportunities for access to housing and the site is located within a half mile of a designated Neighborhood Center happy to take any questions following Miss Grant's presentation thank you Miss Grant good evening mayor Pro members of council members of the zoning committee Bridget Grant land use consultant with Moran Van Allen please to be here tonight on behalf of qtr development also being supported by Matt Langston with land Works um staff did a great job on their presentation I know you all have been in meetings for a long time so I'm just going to pull up our site plan and tell you that we're happy to answer any questions one other thing that I did want to point out is that while we're inconsistent with the surrounding land use there's a substantially large parcel to our East that's zoned with a classification in a form that's actually more consistent with the N2 Place type so we are connecting to some other town homes on the rear of our site to the other community excellent thank you any questions Miss Mayfield Miss Grant do you know if this is going to be for sale or for rent product that hasn't been determined at this time thank you any additional questions we close public hearing I have I have a motion to close public Hearing in second all in favor raise hands any oppose that is unanimous thank you Miss Grant we'll move on to agenda item number 33 petition number 2024 030 by assana Partners LP the location is approximately. 39 Acres located on a Northwest intersection of South Sheron Amity Road and Randolph Road south of woodlark lane in district 6 Mr Bar's District the current zoning is CC proposed zoning is NC staff recommends the approval of this petition and after staff's presentation Mr mcvan will have 3 minutes thank you hi um petition 20243 is El in the Northwest intersection of South Sharon AMD Road Randolph Road and south of woodlark lane s's approximately. 39 acres and it's currently developed with surface parking lot site is a portion of a property Zone CC commercial center conditional the proposed zoning is NC neighborhood center conventional zoning District 2040 policy map recommends the neighborhood center Place type the NC district is consistent with the NC Place type this is a conventional resoning petition there's not associated site plan and would permit any uses allowed in NC District staff recommends approval of this petition as the NC District permits a variety of uses that are in keeping with the character of the area and NC district will utilize Udo standards that are more even scale and pedestrian oriented than existing Legacy zoning uh standards on the site happy to take any questions following Mr mcbain's presentation thank you mayor protown members of council members of zoning committee Keith mcvan with more Van Allen assisting Ass Partners with me tonight and available to answer question as well stes uh back has done a good job describing the slight location just about a third of an acre part of cotwall Village along Sharon Amity currently zon CC the proposed zoning is NC which would allow a Partners to add an additional building to the cotwall Village uh shopping center this zoning District does not allow uses with accessory drive-through Windows uh as we are consistent with Place type and as as mentioned in the staff analysis the the NC zoning district will allow catwall Village to transition from a a that's the words they actually use my apologies for my mid-century shopping center Auto oriented to more pedestrian friendly uh shopping center as the area Transitions and becomes more urbanized uh we do have an example of what we how we think the site would be used here the buildings would lay out on the site along along Sharon Amity uh propos possibly up to two tenets um elevation that uh potentially of what the building would look like we're happy to answer questions excellent any questions or comments move to close second I have a motion to close public Hearing in second all in favor raise hands thank you any opposed that's unanimous thank you Mr mcain we move on to agenda item number 34 petition number 202 24032 by Troy Knight the location approximately .17 Acres located on the west side of Montgomery Street north of Frasier Avenue and East of West Trade Street in District 2 Mr Grahams District the current zoning is in C proposed zoning is in Tob staff recommends the peti the approval of this petition and after staff's presentation Mr Knight will'll have three minutes thank you thank you the site is an approximately 7500 foot lot located on the west side of Montgomery Street approximately 275 ft east of Trade Street and 120 ft west of Frasier the site is an undeveloped the site is undeveloped and the surrounding development pattern is a mix of non-residential development Pro predominantly located along trade Street as well as multif family stacked and Garden Apartments the current zoning of the site is NC and the proposed zoning is n2b the zoning in the immediate vicinity is NC which captures captures the sites that are in proximity to trade Street and n2b which includes all proper property to the east of the subject site the place type of the site and vicinity is neighborhood center staff recommends approval of this petition given the relatively small size of the parcel that would allow development consistent with adjacent parcel to the east zoned n2b and the site is within a half mile walk to the lynx Gold Line stop the petition is inconsistent with the 240 policy map recommendation for Neighborhood Center an approval of this petition would revise the place typ to Neighborhood to here if you have any questions thank you Mr Knight you have three minutes good evening members of counil um so surprisingly I'm here to reduce density I know that's rare to hear from an infill developer um but that's exactly what we want to do right now it's zoned NC so five units or more for residential uh in order to accomplish that we'd have to develop over 5,000 ft which then triggers storm water ordinance which then triggers the additional cost per unit therefore raising the cost of residential housing in our already you existential crisis here uh so we're hoping to reduce all of that by reducing it down to two units and marketing something a little bit more affordable than what you would normally find in this area for a brand new um home with a garage four bedrooms these are the plans that we plan to use this isn't a conditional zoning but that's just there for reference those are blueprints we already have drawn up uh that we'd like to use it reduces the impervious from 66% down to roughly 37% provides two large backyards um more parking spaces and uh just overall less density thank you thank you any questions Miss Mayfield thank you so what you're showing us is both a combination of duplex as well as single family no this would be a duplex sold as a town home each unit would be sold so two Town Homes essentially okay so uh in the real estate you just doing a comparison of what a single family home so this is a this right here is a duplex yeah it's I don't know I don't know the real term so in real estate we call it a duet so they're sold as individual town homes so you own your land from the road to the backyard and then the structure so it's not exactly a condo or true duplex but it still qualifies as single family under UD and building code okay clarification with staff so that's what we classify Duets as we still classify those under a single family now these would be this would be single family attached or D okay thank you learn something new every day close you have a motion to close public hearing and second all in favor raise hands any oppose thank you Mr Knight we'll move on to agenda item number 35 petition number 2024 034 by Jackson Castle LLC the location is approximately 37 Acres located on the North side and souths side of Bearwood a and east side of East Sugar Creek Road West of Eastway Drive in District One my district the current zoning is CG proposed zoning is in 1C staff recommends the approval of this petition and after staff's presentation Mr grass will have three minutes thank you thank you this site is a third of an acre on the North and South sides of Bearwood Avenue it's also just south of the linkx blue line and west of the Sugar Creek Station this is in the how Acres neighborhood the majority of the area to the South and the East is residential in nature and then there's some commercial and Industrial developments to the West it's currently Zone General commercial and they're proposing to go to Neighborhood 1C which is consistent with the policy map's recommendation for neighborhood one at the site and the adjacent Residential Properties it's a conventional petition so we don't have a site plan the existing neighborhood is largely zoned in 1C so this petition would bring the site into alignment with that existing zoning in the residential area and that also would allow for a more consistent development pattern that the site is is currently zon CG as a result of the Legacy ordinance B1 District translating to CG the uses allowed in that CG zoning District could include autoc Centric commercial developments that would be generally undesirable in this neighborhood given its single family character and location along a two line two lane local Street St petition I'll take any questions following the petitioners petitioner presentation thank you Mr grass good evening mayor proin members of city council and the zoning committee Nolan gross with Urban Design part Partners representing Jackson Castle LLC on resoning petition 2024-25 you can see the site here on the Northern side of Bearwood Avenue as it exists today followed by the southern side which has some existing foliage Holly did a great job explaining this petition this is a conventional resoning petition on both sides of bwood Avenue um requesting to reone from General commercial to Neighborhood 1C for consistency with the area it is consistent with the 2040 policy map and I'm happy to answer any questions that you might have thank you uh my first question is I see that there no people who attended the committee the community meeting what has been your level of Engagement with the community we have received zero feedback thus far we've tried to engage the hoe Acres Community on multiple occasions and received no feedback okay I I will follow up as well but I would like for you to follow up with u Miss r Johnson she is the head of the how Acres neighborhood association and she's normally very much engaged so she want to make sure this this is on the neighborhood association's radar um to ensure that they have proper feedback are there any additional questions close second I have a motion to close public Hearing in second all in favor raise hands any opposed that is unanimous thank you Mr gra we'll move on to agenda item number 36 petition number 20 2436 by Julio BGA the location is approximately 23 Acres located on the west side of Westerly Hills Drive North of Wilkinson Boulevard and South of blessing Street in District three Miss Brown's District the current zoning is n1d NCG proposed zoning is nccd staff approves the uh the recommendation of this petition and after staff's presentation Fabia sister will have three minutes thank you thank you petition 202 24-36 is approximately 0.23 Acres located on the west side of Westerly Hills Drive North of Wilkinson Boulevard and South of blessing Street current zoning is split Zone n1d to the north and CG to the South proposed zoning is nccd 2040 policy map recommends neighborhood one place type there is no site plan but the development standards associated with position limit the use to office and accessory uses and limits Building height to 40 ft staff recommends approval it is inconsistent with the policy map recommendation foror neighborhood one place type however the proposed Neighborhood Center zoning district and place type would provide an appropriate transition from the neighborhood one place type to the north and west of the site and Community Activity Center Place type to the south and east the development standards accompanying the petition limit uses to office and accessory uses proposed office is in appropriate transitional use between more intense commercial uses to the south and east of the site and establish residential uses to the North and the West petition limits Building height to 40 ft which matches the maximum Building height of the n1d zoned Parcels to the north and west of the site also is quarter mile site is a quarter mile from existing bus stops along Wilkinson Boulevard and a half mile from a proposed cat Silver Line Station the approval would revise the recommended place type from neighborhood one place type to Neighborhood Center and I'll be happy to take any questions after the petitioners comments thank you Miss s you have three minutes good evening my name is Fabia SST and I represent blue cardal investment uh we're a small minority owned plumbing company that has proudly served the shler region for over 17 years uh our goal has been in is to get a permanent office space to continue serving serving our community effectively that's why we are here requesting a resoning from n1d to nccd and I'm glad to answer any question you might have thank you are there any questions Mr Brown yes thanks thank you so much like to see a small family business thank you madam may partim I appreciate that um looking over it I know there's no site map available yet you said you're going to use this for small office space for your family business that's been in yeah we we are a plumbing company and we have been uh since 200 S as a company is said 2007 s seven uhuh okay so that's so what are you going to do in the office space it's just like an administrative office just to have uh ourself and and one estimator just an office space where people to inquire about your business yeah we're not changing any of the building or anything and uh just one other question so I saw where Transportation said it's going to be an estimate of 15 trips per day is that right staff let be just double check that number uhhuh I know everybody in this map the pictures that y'all take that area the entire area very close to the folks that live on that street up there by the T-Mobile on the back side it says 15 trips per day based on one family single dwelling that's the so the existing use uh generates 15 trips per day the entitled use would which includes a a piece of uh the parcel that's zoned commercial could generate 410 trips per day the office use could generate 157 trips per day that's just proposed so if it's just an office space why would it generate 157 trips that's if they maximize the buildable area of the um property for a 10,000 square foot office building okay and I know that is just a office Bas in this is it in the strip mall that I'm looking at adjacent to T-Mobile or it is so it is on the west side of Westerly Hills maybe M if we could pull the um the map back up the Google Map so it is on the opposite side of Westerly Hills from the shopping center okay so is it's a it's a single family home is what is what is there now okay all right you said it's a single family home there there that's correct okay so I just want to go in the area and take a look at it I know the area pretty well and one final question that I have um I know there were only three people in attendance at the uh community meeting but that doesn't mean that you know that there's an interest in what's going on in the area were you at the meeting do you have any notes from the community meeting I I was not at the meeting we have I send a note you sent them to me uh I think so I sent the the meeting invitation and I upload it to the AEL when was the meeting I I don't have it right now but it was like a like a month and a half ago yeah April April 22nd that wouldn't that wouldn't have got past me I didn't I didn't get invitation to a meeting yeah I sent I have I don't know if you have the in W silly Hills Community okay no problem I just want to see the community notes yes I don't know what I was doing and why I wasn't there but I just I just want to see the notes from the community to see what their questions was I have no further questions move to close second I have a motion to close public Hearing in second all in favor raise hands any oppose that is unanimous thank you Miss suster yes we will move on to uh agenda item number 37 petition number 2024 038 by K Properties Inc the location is approximately 3.02 Acres located on a Northwest intersection of West WT Harris and David Lake Parkway south of David Cox Road in District 2 Mr Grahams District the current zoning is CC proposed zoning is CG staff recommends the approval of this petition and after staff's presentation Miss Meredith Richmond and Mr John prer will have three minutes to present thank you petition 202 24038 is located on the Northwest intersection of W's Boulevard and Davis Lake Parkway south of David Cox Road size approximately 3.02 acres and it's currently undeveloped site is a portion of a property Zone CC commercial center conditional the proposed zoning is CG General commercial conventional zoning District 2040 policy map recommends the commercial Place type uh the CG zoning district is consistent with the commercial Place type staff recommends approval of this petition um as CG district is consistent with the comprensive plan permits a variety of uses that are in keeping with the character of the area which is generally audio auto oriented but provides standards that accommodate other travel modes and the site is walkable to nearby neighborhoods as well as directly adjacent to daily needs the site could increase the amenities Goods services offered at the existing shopping center happy to take any questions following um the petitioners presentation if they have one thank you Mr prer or Miss Richmond good evening mayor Perry Tim member city council and members of the zoning committee I'm Jay prer with Cambridge Properties uh this is the last remaining parcel of our Davis late shopping center it's been fully developed and we had a very specific um uh conditional Zoning for this parcel when we were uh working with a specific tenant who is no longer there this zoning was originally approved in 2014 uh so now we are just taking it to the um GC zoning District which is consistent with the 240 policy plan and um happy to answer any questions uh to the petition thank you thank you any questions those close public hearing I have a motion to close public hearing do I have a second second all right all in favor raise hands any oppos that is unanimous thank you Mr prer we move on to the final agenda item of the evening agenda item number 38 rezoning number 2024 039 by gemane cemetery and Memorial Gardens the location is approximately 10.65 Acres located on the east side of West Sugar Creek Road and North side of the Roman Road West of Mineral Springs in District 4 Miss Johnson's District the current zoning is n1b proposed zoning is ic1 Staff recommends the approval of this petition and after staff's presentation Mr David Murray is this Mr David Murray is here come why don't you come on down you will have 10 minutes to speak to this because we do have Mr Joseph molus who is signed up to speak in opposition and he will have 10 minutes as well thank you thank you um the subject site includes three non-contiguous Parcels that together comprise approximately 10.65 Acres located on the east side of West Sugar Creek Road north of the Roman Road the subject Parcels contain single family homes and surrounding development includes cemetery and Memorial Gardens and single family residential development south of the Roman Road there are more non-residential uses which include hotels restaurants and a gas station the subject Parcels are zoned n1b and the proposed zon is institutional campus one surrounding zoning includes n1b on the west side of Sugar Creek as well as to the north zoning transitions to uh CG south of the Roman Road as you approach the I 85 interchange property property to the north and east of the subject Parcels is zoned institutional conditional is improved with the cemetery Memorial Gardens and a church the 2040 policy map recommends the neighborhood one place type for the subject Parcels as well as for the property to the west and North the campus Place type for the cemetery property and the mix of neighborhood 2 and Commercial Place types are also found to the south of the site which aligns with the existing mix of multi-dwelling and Commercial uses in the area it's a conventional petition and requests all uses permitted by right and under prescribed conditions in the ic1 Zone staff recommends approval as the proposed zone is consistent and compatible with the existing zoning of the adjacent cemetery and would allow these Parcels under common ownership with the cemetery to be incorporated into the larger site for a more unified development pattern the petition is inconsistent with the neighborhood one place type and approval of this resoning would revise the recommended place type to campus if you have any questions thank you Mr Murray thank you mayor protim and Council David Murray I'm an attorney represents the property owner uh as well as the cemetery um the gouch family has been a benefactor of uh Gethsemane Cemetery Memorial Gardens as well as Northside Baptist Church for many years uh and as you can see if you could um shift to the aerial that shows the adjacent maybe one more back please um there is a master plan Cemetery uh development uh that is institutional conditional that exists to the east of this property back when this was all reasoned in 1996 these Parcels at the front were not owned by the church or the gouch family since that time the gouch family has been slowly buying up these properties and so um go I think some of the first discussions on this were back in 2017 I believe is that when I first met them um and as far as part of some future planning uh we are seeking to have this reson so that it's consistent with the adjacent uh resoning uh so that Cemetery uses can be made of these properties uh to the rear of several of these properties there's already some uh use that's been made just over the years that's been grandfathered um so again this is to bring everything consistent with that adjacent plan next door um so that there could be future expansion uh because the office for the cemetery is very small um and the hope is potentially in the future to have a a funeral home uh location there uh and um and so I'm happy to answer any questions that that you may have I'm not going to take my uh full 10 minutes here thank you Mr margolus you have 10 minutes can can you go forward to the slide with the three stars on it yes all right so uh thank you again for seeing me uh again this is uh I guess last but not least but I've been been before you three times today um I uh I'm I'm against this just on um one sticking point um it's in the it's in the site plan the the community notes presentation but part of the master plan does involve at some point a u some an a an active Senior Living facility or hospice or something along those lines is that correct David okay so um and that parcel is not part of this resoning but what uh what what I would like to see from the petitioner and I think and I believe that's it's already happening um uh I'm I'm getting feedback from David that it's already happening so I'm pleased to say that it's just with the there's there's a uh well with in exchange for the loss of uh of land that could be used uh for housing uh just the that the owner look for some opportunities to trade off that would be beneficial to their business um and there may be one opportunity uh I've I've reached out the there's a parcel that's there we go that right there I believe that's Min that's Mineral Springs Road right there on the map um that did I do that how did I wow okay um there that parcel there's a section of it that used to be a recreational center when it was owned by Northside Baptist Church um due to certain uh uh requirements for the land use to be a cemetery that can hold buildings I've learned certain buildings like the certain businesses that they want to operate like the funeral home and the uh active Senior Living facility they have to maintain 100 Acres of cemetery so that's part of what all this is but if there's some way for the county and the city to work with the zoning it would be nice that that could be preserved for the par for a park and Kevin Brickman at the parks has expressed some interest in uh the parks department buying that portion of that larger 24 acre parcel and something like that might be a good tradeoff um that being said uh it may not sounds like may not very well work for their business model what I would like to see in this and I don't know if this has anything to do with what you could consider is just that I would like to see the petitioner uh just show some willingness to consider options that might work for them uh because it is their land and I guess if you want to have control over land making decisions the best way to do that is to own it and I do admit I do own up to that so that's what so I'm asking for support from the council and facilitating that as best you can um in a way that doesn't disrupt the business uh you know what what should should happen so uh that's my that's my only sticking point at this point for not supporting it and I see David working towards getting uh some Communications going with the parks and so uh I look forward to uh removing uh my opposition shortly so thank you thank you Mr Murray you have a two-minute rebuttal um so uh Mr margis and I have been talking some one of the issues that the cemetery has is to have a funeral home or any other type of accessory uses you have to have a 100 acres of cemetery and there's only 118 Acres out on that site and so it's a very tight site and so that area that was original that's up in the corner that's clear uh that we were discussing about with a park was uh some ball fields at one time that were uh neglected as well as down here and in a 2017 administrative Amendment of the master plan those were changed into Cemetery areas um and so I've reached out to the county uh we're willing to talk it's just we do have a practical issue with not being so right on the hundred uh acre minimum because if we start giving up too much if we want to have that funeral home that doesn't count towards the cemetery so if there's parking and things like that so um but as far as this resenting goes these Parcels are separate from the parcel that we're talking about on the rear uh where there used to be a ball field um so I'm happy to answer any questions thank you are there any questions Johnson just a comment thank you Mr margolus for your patience and your engagement tonight and always and Mr Murray we we can talk offline um I know that was a concern during the community meeting sure um from Mr margolus and the other daa y or some of the other daa residents so we can certainly talk offline thank you absolutely thank you move to close thank you just a question Miss Johnson it well inside of our packet it says three individuals attended the public meeting was there a different public meeting um there was one public meeting Mr Margolis Miss McDonald who's from the D Association and council member Johnson attended okay okay I count too of course you count absolutely I always make sure to include I I was I was going to make sure that Miss McDonald was involved and also even though this is across the um across the highway it would be interesting to just get some engagement from the Sugar Creek business Business Association that's newly formed um as we've stood up the corridors of opportunity to hear their perspective and uh get some insights from them as well yeah fortunately I got to meet Mr margolus and Miss McDonald on a previous resoning that I had years ago uh that we were able to work together on um unfortunately it never came to fruition because of Co and other factors it was a wedding venue that was in dat but it just unfortunately never happened but um but yeah so Council m Johnson will be in touch I appreciate your time thank you everyone thank you I have a motion to close public Hearing in second all in favor raise hands any oppos that is unanimous motion to close meetings that is unanimous everyone go home yes and watch some basketball potentially [Laughter] [Music] [Laughter] [Music] [Laughter] [Music] [Laughter] [Music] [Laughter] [Music] oh oh [Music]