[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] w [Music] [Music] [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] it's December 18th 2023 um our last zoning um hearing and decision making meeting for 2023 so um I hope all of you are enjoying the holiday season I want to welcome you and those that are watching us on the um City's various channels as well as those of you who have taken the time to come down to um be a part of this um program tonight or this meeting tonight we begin our meeting with an invocation an expression of inspiration that is all about having us um solize our experiences at this during this meeting and so tonight um we will have um council member dimple ashir give our invocation please participate if you choose Thank You Madame mayor happy holidays to you all all and your family and thank you so much for being here uh this is one of the busiest season of the year and I want to start by saying thank you to everyone that took the time to be here tonight that just shows how much you value uh the work that we do and participate in this public discussion while we know that holidays are stressful and it also brings happiness at the same time I to remind you that this is a time of year for togetherness we pause this day joining with others across our city who like us yearn for peace and Harmony and understanding we pause to celebrate the joy of people coming together serving one another with common goals and concerns we pause to ask for blessings on this our blessings on this our time together on Gathering like ours across our land and across the world amen amen thank you very much and now we will have our pledge of allegiance to our flag please stand if you choose to I pledge aliance to the flag of the United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you everyone um now that we've had those two um activities that are for the beginning of our meeting I'm now going to begin and ask that those on the dis um be introduced and we'll start with our Deputy city clerk Billy T Deputy city clerk imp at large ttim brown District 3 good evening everyone happy holidays James Mitchell at large Liz Babson assistant city manager by L serving as mayor Dante Anderson mayor protim District 1 good evening Ed DRS district 7 D barari district 6 happy holidays Lana Mayfield council at large good evening Victoria watlington your council member serving at large ter hegler graay senior assistant City attorney all right thank you very much um I want to go through a brief explanation of the zoning process the process begins with application submitted by to the planning staff for review there are two types of cases on the agenda decisions and hearings decisions on cases for which a public caring has P previously been held there will be no further public comment hearings anyone that wishes to speak is asked to see the clerk before the start of the hearing at at that point the staff will give a presentation with no time limit the petitioner and those in favor get three minutes combined to present a case unless there it are opponents ass signed up to speak or if the staff is in opposition the petitioner gets 10 minutes opponent gets 10 minutes combined and petitioner gets a two minute rebuttal if no one is opposed or signed up to speak the staff will give us a short a very short presentation then we will close the public hearing and go to the next one the petition then goes to the zoning committee of our mein our Charlotte meinberg Planning Commission for riew and recommendation and so at this time I'd like to recognize Douglas Welton the chair of the zoning committee of the commission thank you madam mayor my name is Douglas a Welton I serve as the chairman of the zoning committee for the Planning Commission allow me to introduce my fellow members uh who are here with us tonight uh will Russell sha an Rick wincker Terry Lansdale Rebecca Wilden and Clayton cely the zoning committee will meet on Thursday January 4th at 5:30 p.m. here at the government center at that meeting Zone the zoning committee will discuss and make recommendations on the petitions that have a public hearing here tonight the public is welcome 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 your input you can find contact information for each of the petitions on the city's website at Charlotte planning.org thank you and back to you mayor thank you um to the commission um and so we have at the beginning of our meeting we recognize that some of the things that have changed as a result prior to the agenda or after the agenda has been sent out and so we are going I'm going to ask um Dave Paton to review the deferrals and withdrawals that were on our agenda that we are changing all right thank you madam mayor we have had a few additions since the agenda has been published since uh Friday I'll just go in order U starting with item number five these are decision items item five is uh 2022-23 032 by the Keith corporation uh item number 19 is 20220 71 by MTB Holdings uh item 20 is uh 202-209 by Coastal acquisition entity item 21 petition 20239 one by meinberg County item 22 petition 20229 9 by LaVine properties item 23 petition 2022 134 by Musa Muhammad II and item 25b uh 20231 3 by to Brothers apartment living all those are decisions requesting a deferral to January one exception uh item 19 uh 2022 071 by MTB Holdings is a withdrawal of the petition uh and then we have our hearings that have been requested for deferral uh in order those are item number 26 20221 121 by RK Investments uh item 27 2023 033 by crd Elizabeth item 28 20238 by 400 Clement LLC item 29 2022170741 z7 by penith Holdings all of those public hearings are requesting a defer to our January 16th uh 2024 meeting do we have a motion for move mayor second and we have a motion for our deferrals and withdrawals as stated by U Mr Patton um any comment or discussion hearing none all um Sorry Miss Mayfield thank you madam mayor Mr Pon for back to the consent items what were the two deferrals after number five yes thank you uh Council M Mayfield I was going to call those out as well item five and item seven would then drop off of our consent agenda so it would be items 3 through 18 with the exception of those two items that are being deferred uh through this motion so it's only item five and number seven that it referrals thank you all right thank you Miss Mayfield um so do we we have a motion on the floor any further question or comment hearing none all in favor of the deferrals and withdrawals in another question I'm sorry I'm sorry who is sorry ma'am thank you all right so we have a motion on the floor all in favor please raise your hand anyone oppose hearing that opposal that's no one opposed that's unanimous all right so now we go to the section of our meeting where we have consent agenda items and these are items that have to meet the following criteria one those items are those items have no public opposition to the petition at the hearing the zoning committee recommended approval there were no changes to the zoning committee's recommendation and staff recommends approval to for the petition as well are there any consent items that Council would like to pull for a question comment or a separate vote all right Miss watlington followed by Miss Mayfield uh 17 please 17 item 17 petition 20 23-9 by Conformity corporate a and you would like to have that deferred deferred until pull for a separate vote thank you I just wanted to make sure we were doing it for the right reason all right that will be a separate vote um Miss Mayfield items item number 11 15 and 18 for separate vote item 11 15 15 and 18 and 18 a separate vote all right any other other requests for the consent Miss Johnson number eight please number eight as well okay I think that that is that it for the remainder of the consent items all right may I have a motion to approve the following petitions and I do have to read all of these out so it'll take me a moment but bear with us all right may I have a motion to approve the following petitions and to adopt the zoning commit statement of consistency for each of these petitions as they appear in our agenda as the council's own petition 2019-19 by Miriam Franco petition 2022-23 d001 by Caro residential um and then we'll skip seven and8 and we'll go to nine petition 64 by South N walk LLC item 10 petition 20237 by BR Properties LLC item 12 petition 2023-24 82 by Metrolina storage LLC petition number 14 by Rhino Partners coffee LLC petition 16 petition 23-- 094 by Josh Jolly Rose gate Holdings and petition 17 2023 item 17 petition 2023 -9 96 by Conformity court it's a separate vote sorry let me I got that 17 is about all right so do I have a motion for those that I've read with the exception of the one that I read that was item 17 we have a motion and a second any further discussion all in favor please raise your hand all right the motion passes now we'll go back to the items that were asked for a separate vote the first one that I have is item six petition 2023 -001 by Caro residential um who would like to speak to this all right do we have a motion to approve or deny this petition and accept this approve is on the petition May and adopt the statement of consistency as our own so any other comments any questions we have a motion do we have a second we have a second all right so it was number five we just approved six I thought we had done six you're right so it's number five sorry no number six we do have to do we're going to 11 who pull start with 11 start with 11 11 no I P 1158 we have a deferred only deferred clarification ma five was deferred okay right five is deferred okay so we're going to go to number seven my apologies is number seven was deferred also I seven was deferred y we'll start with 11 all right deferred we're going to start with 11 then number eight no I mean we had a number eight takes us a moment this is real time TV y'all all right petition 2023-the the petition motion to accept second okay the statement of consistency all right thank you any other comments Miss Johnson yeah I wanted to make a comment during the public hearing the staff did not recommend this petition and I wanted the staff to give an opportunity to speak to that right now on why there was a change sure they U made changes to address the outstanding issues that we had after the public hearing uh reduced a few units and added some potential connectivity to the north which was some of the items that we had asked uh for some clarification on uh and some changes to so they addressed all the outstanding issues that we had had at the public hearing uh that went to zoning committee with a favorable staff recommendation where they also were unanimous in their U uh recommendation for this petition as well so uh it was mainly just addressing our outstanding issues changing some of the design elements and including that uh Northern pece for connectivity okay thank you so this petition is U by a small but it's a small business it's a couple that actually live lives in District 4 I'm excited to um support this petition they did work with the staff they did work with the residents to get neighborhood support um um Mr Chism is actually a part of Mr Chisum is actually a part of the D4 Coalition so this is a kind of petition that we that we need more of in the city it's um they live in the area um they're concerned about the area and and this is what we want for our residents not to be displaced by growth but to be a part of it and engaged so I'm excited to um to support this and I hope that we see more of this so that individuals again are part of the of the growth in the city and and able to build wealth for their family without being displaced and again working with the city and also the neighborhood so I'm looking forward to supporting this motion to approve all right we have a motion and do I have a second second we have a second and a motion all any other discussion hearing no further discussion all in favor please raise your hands all right anyone oppose all right thank you the next item that we have is item 11 petition 2023-the or deny the petition so move to approve and accept the statement of consistency all right on item number 11 do I have a second second a second any comments or discussion Miss watlington followed by Miss Mayfield uh so my question is just as it relates to the location of this one being uh Community Activity Center right there in the midst of um uh NC it feels like just looking at it what one would consider spot zoning so I just wanted to understand what is the rationale here behind stat recommendation can you I'm not sure I understand the question about yeah so as I look here if I'm understanding correctly you've got Neighborhood Center on all of these parcels and this one particular parcel is uh being requested to change the community activity center for 078 the P it's actually consistent with the activity center I I think we're on 11 aren we 11 we're on 11 which is 078 right and it's going from Neighborhood Center to proposed zoning of community activity center right correct yeah and the community Activity Center is the adopted place for the majority of that area around basically from Morehead uh to the north going up towards U 277 in Baxter Street do have some Regional Activity Center on the other side of McDow uh right up against 277 uh but it's mainly all Community activity center from McDow uh all the way back on the other side of Kennelworth uh down to Morehead so I'm not I'm trying to pull up the staff analysis to see which my misunderstanding this map it's got Neighborhood Center on all yeah I'm trying to take a look at that real quick if it'll pull up for me it may be that you are is that the zoning map or is that the adopted Place type map it's the zoning map okay yeah so the zoning is allnc around there uh and the adopted Place type for that area is community Activity Center which would be something uh through the alignment resoning process also we would look to take that general area area to that zoning District to align it with the policy map so this would be in line with what that U that process would look like going into the next uh year or so when we get into alignment resoning this would be uh one of those that would go those Parcels that are NC would go to that Community Activity Center to be consistent with that place type long term so this just kind of is out in front of some of those efforts okay so for the same reasons that before I mentioned uh about the community area planning uh and the overall process kind of pieces happening in Phase but ending up in a peac mill place I'm not sure that I can support this particular uh rezoning not because I have particular issue with the the whole thing going to CAC but just because um as we think about how these individual rezonings are happening in uh conjunction or ahead of the overall Place type realignment it it feels a little premature um and I just don't want to SP a position where we've got um Parcels that line up because we went ahead early on and made a change and then get further down in the community area planning process and the the policy Mount process and find that we want to make an adjustment so if this was all going at the same time I may feel differently but I don't want to create a spot zoning situation in the inter room not knowing what may come in the next year and a half so for a process reason that's my hesitation thank you right Miss Mayfield thank you Madame mayor so a followup question to council member watlington with what we currently have is that is considered neighborhood centers so for the current businesses that are there as we're looking to make changes how do that impact the current businesses if they were to do even a minor adjustment to their facility with the changes if we were to move forward with this in the sake of alignment uh they wouldn't have any impact they would maintain their Neighborhood Center zoning just the parcel next door if they're adjacent to it would be the CAC zoning uh but it wouldn't change any of the elements of their allowed uses or anything that they currently have today so one of the challenges I have that I sent out to full councel earlier today is going to be in reference to this item item 15 and 18 and that is the fact that is a conventional resoning since conventional resoning petitions have no associated site plan when the 2040 plan was approved there was no way that anyone could have well you had scientists that anticipated but everyday people would not have anticipated a worldwide pandemic nor would they have anticipated the amount of growth thanks to investors both domestic and internationally that have come specifically into the Charlotte market and is changing our landscape drastically by uh still working through conventional resoning that just gives this umbrella with no identified site plan that causes a challenge for me when we know today from 2021 to 2023 we have major challenges and gaps of affordability for business space for small businesses and even mediumsized businesses for access to housing diverse price point in order to make sure that our workers can afford to live in the city and not live outside of the city we say the 2040 plan is a living document but we have yet to have a real conversation of what is our plan as a council for how we want to see Charlotte grow and are we growing for residents that may be moving in or are we growing at a level to ensure that our residents that are here that we are investing millions of dollars in through resources and other avenues are we helping them to stay in our city or to graduate and come back to our city I would like for us to add this for our upcoming January Retreat I was hoping the manager would have been here tonight but we do have representation from the manager's office so I would like for us to actually have a policy discussion which is why I didn't move for a deferral tonight but I would not be able to support this because right now as we just blanketly approved conventional petitions with no Associated site plan and just say it could be anything under this umbrella and not really taking stock of what's happening in the community I think we very well may be setting ourselves up for the service that other communities are going to be facing in the near future thank you thank you miss mayi all right are there any other comments regarding the item number 11 um do we have a motion did some move we already have some move we have a motion on the floor to approve and accept the statement of consistency is our own so all in favor of the motion please raise your hand 1 two 3 4 five 6 7 8 that motion passes um thank you very much all who oppose all who oppose to to an opposition thank you all right the next item is petition number 15 peti I item 15 petition 2023 090 by West Boulevard neighborhood Coalition do I have a motion to approve or deny this petition which one are you on we're on item 15 the it is the West Boulevard neighborhood coalition's request move for approval all right we have a motion to approve and adopt the statement of consistency as our own um is there a and there's a second is there any further discussion all right we'll start with Miss Mayfield I Believe Miss azme did you also request no I'm good thank you all right Miss Mayfield thank you madam mayor and for the record and the minutes the same concerns that I just shared with regarding item 11 even though we have invested a lot of funding throughout the West Boulevard Corridor and I'm glad to see that we're having movement I do have some concerns regarding how this is going to move forward because it is a conventional petition request and again as we have seen specifically throughout the West Boulevard Corridor for the eight years that I served as the representative we put a lot of work and investment and time into helping the community that lived there unfortunately a lot of those residents are not there throughout the corridor today and those that are are facing Financial challenges due to the rapid growth that has happened so uh this will be another one that I will not be able to support just under the basis of consistent seeing it being a conventional resoning request all right Miss watlington thank you uh this particular one I'm I'm happy to support I just wanted to say kudos to the West Boulevard neighborhood Coalition uh this a huge milestone to get to the next step um in support of the three sisters market and bringing grocery uh and Community owned community-driven um retail to this area so thank you for all those who have been involved um and look forward to what happens next all right anyone further any further further discussion hearing none all in favor of the petition please raise your hand all those opposed all right thank you one in opposition all right the next item is for a separate vote is petition 2023-the number 17 um do I have a motion to approve or deny this petition 17 was the just went sorry thought it was 18 she and 17 okay okay 17 we're on 17 now 11 to approve and adopt we have a motion to approve and adopt the statement of consistency and a second any further any comments anyone wish to discuss okay all in favor of this I'm sorry I just had a uh I just wanted to hear real quick just for the record from staff uh as you look at this one here you got it in n1b it's next to n2b but when you look at the way the parcels are cut it would seem that it would fit more in the n1b so I just wanted to hear um just for the record the explanation of why staff is in support of this one um moving over to Ashley Road and what that may mean for the parcels that are in n1b immediately to the north sure uh the request was consistent with the adapted policy map for N2 on this location so uh an N2 request aligned with what the adopted policy was uh for the N1 Parcels they'll have uh High protections built in uh to the uh to the project so if there is buildings within certain distance 100 200 feet there's some height restrictions that uh May kick in uh to keep the building height at a comparable uh spot to what's around it but generally it was consistent with the adopted Place type for that uh location there at the corner Ashley and uh Lumina and Greenland so that was where uh we were comfortable with an N2 request coming in thank you all right any further comments all in favor of the item with as our state and adopting the con consistency statement as our own please raise your hand all right anyone opposed all right that passes unanimously all right the next item is item 18 number 18 um it is petition 20 23-12 3 by Charlotte 212 LLC do I have a motion to um approve or deny this petition so move a motion to approve or deny approve approve um so do I have a second we have a second um so do is there any discussion Miss Mayfield for the sake of brevity if the city clerk can just copy and paste and drop that into 18 as well for the consistency sake of a conventional resoning let's just add that in thank you very much Miss Mayfield I think we have 25 more conventionals would that be the your wish for the clerk we haven't gotten to them we haven't gotten to them yet I got you okay thank you all right so um we have a motion and we have approval for this item anything further all right thank you very much now um do we have any items for changes before the do not oh we have to vote yeah we have to vote on this we'll move on real fast y'all if we didn't have to do that wouldn't we all right item all in favor please raise your hand anyone opposed thank you all right so now do we have any items that we have to have for changes were made after the zoning committee's recommendation uh not not this evening no we did have one it was deferred so all right thank you very much so with that we will now um go to the next portion of our agenda which after we have the withdrawals the next item Dave is we should have two decisions which would be items uh 2 and 25 25 24 let's go to item 24 petition 221 277 by buum LLC approximately 4/10 of an acre on the east side of Providence Road north of philal Place South of Colonial Avenue in district 6 the current zoning is office Flex campus the proposed zoning is Neighborhood Center conditional the zoning committee recommended and the staff recommend approval of this petition is there a motion to accept ADT and approved second thank you we have a motion and a second Mr barari yeah I just make a quick note for everyone we heard a couple things in the hearing around the neighbors concerns around office hours and timing of utilization I've been informed that over the last month uh they work through that with the petitioner and uh put some further require Ms around times of operation so I'll be supporting this and accepting the statement of consistency as our own please raise your hand all right anyone opposed all right thank you very much when that one goes on and the next one is item 25 approximately six acres located on the east side of Ashley and south of alagan in District 2 um the current zoning is multi family in the neighborhood 2 b b is the recommendation the zoning committee and the staff commend approval of this petition do I have a motion to approve the petition and accept the statement of consistency of as our own so moved we have a motion and a second any discussion hearing no discussion all in favor of the motion please raise your hands anyone opposed all right no that passes unanimously thank you very much um item 25b has been deferred so we go right and I've got one one item of housekeeping I missed a deferral for our hearings this evening uh so we just need to take action on uh a deferral request for item number 48 item 48 yeah apologize for this U it is 223-1037 2024 all right you've heard the staff recommend and a request for def we have a motion and a second any comment or questions all in favor of the deferral please raise your hand it 4 item 48 48 48 it's in district one okay now let's see the hands on in favor anyone opposed he in no opposition propos for deferral is approved all right Mr Paton and so now our next item for action would be I'm looking getting past all the deferrals is it item 32 yes uh excuse me item 31 31 31 TT all right the item 31 is a resoning petition by the planning Comm and design and Development Committee of Charlotte and the purpose of this text is to make minor changes that will result in better functionality of the Udo change are proposed in 23 of the 39 articles these changes include updated language to provide greater Clarity updated Graphics new and updated definitions adjustments to use permissions and prescribed conditions revised name revised use names and minor changes and additions to standard the staff recommends approval of this petition do I have a motion to approve this petition and move forward well we're just just doing a hearing oh sorry we're in a hearing all right all right so we are going to have a hearing on this and do I see any speakers on this item it we don't have any speakers on this item so any questions for the staff on this item hearing no questions probably presentation just the present I didn't know you had all right we'll go through the present presentation yes ma'am all right so um as mentioned we have a text Amendment this this is our second uh cleanup to the Udo uh this is a strictly basically an administrative type cleanup uh doesn't have any overarching policy changes or things that would affect uh anything related to our adopted policies that we've got this is really just again a cleanup text Amendment this is our second one uh both internal and external users have identified these needed changes uh as we've gone through the last 6 months or so using the document and applying it you you learn about little things that need some tweaks and Corrections so this text amendment is uh bringing forward what we've learned so far that needs uh some attention and some adjustment uh should provide in a little bit more userfriendly uh ordinance and a little bit better functionality for us uh we do have a Redline version I I didn't want to print uh a 600 some page uh document for your notebook so we did include that at the U Charlotte .org website it's also linked digitally uh in our agenda materials uh that are found on legistar site uh so just to jump into what's in the amendment uh we did have Community engagement for this item uh posted the changes on the Udo website publicized this through social media uh had mailing lists in Udo website uh subscribers uh where we shared information with those folks also had two virtual public engagement sessions uh on October 18th that had a total of 94 attendees uh so what will this text Amendment due uh really just clarify as I mentioned and make some minor adjustments uh we realized that we didn't have a time frame on some of our affordable housing uh standards that are in the ordinance so things like our our bonuses where folks May contribute to affordable housing or provide that on site we didn't have a time frame uh so we've called that out uh and added that Clarity uh refined uh standards for driveways and parkings for duplex Triplex and quadruplexes uh stated that accessory structures need to be located on the same parcel as the principal structure they serve uh we do have minimum maximum vehicle parking requirements uh for places of Warship that we corrected in this text Amendment also clarified lot standards don't apply to sublots uh and allows multif family stack development to front on common open space and also addresses some code enforcement concerns regarding vehicle parking and storage uh getting into the next uh slide on this does also o provide greater flexibility in uh design for our parking structures uh it also adjust prescribed conditions for neighborhood commercial establishments and accessory drive-throughs doeses prohibit outdoor entertainment as an accessory use in neighborhood one uh and also renames our drive-through facilities as an accessory drive-thru there was some confusion with some of the terminology so we cleaned that up also created a commercial fitness center as a use and then provided uh an electronic sign permission for private Recreation clubs uh also clarified we had some Provisions in there regarding existence of accessory drive-throughs uh being allowed as a continuous use uh we did not clarify um that they need to be in operation as of June 1st 2023 so we added that language in there uh also added a prescribed condition that a restaurant or a bar that would have an accessory drive-thru has to have a minimum of 24 seats indoor outdoor uh got into clarifying sidewall Heights for residential buildings uh stating that those cannot be increased by just shifting your building away from that side Lot line or side setback uh also updated the sidewall illustrations uh added a time period for temporary uses clarified some general definitions in article two and also clarified limitations on uses and structures that are allowed in the setbacks uh so again a lot of those changes it's a lot to potentially digest but all of those are clarifying items cleanup items again don't really get into overarching policy items that that need to have U you know a little bit more direct attention to them this is again just a cleanup Amendment uh a lot of administrative items and things that we found after using this for six months internally and externally just items that need to be addressed and cleaned up and better clarified so we are recommending approval of the petition uh would be consistent with the overall goals of the comprehensive plan uh and we'll take any questions you might have are there any questions for the staff on the tax amendment Mr drgs thank you I appreciate that this work is being done we knew that we were going to keep uh fine-tuning uh I'm just wondering on any of these points was there a significant push back or debate with anybody or has the acceptance of this with the people you talk to been pretty Universal uh we haven't heard too much of any push back uh we don't have anybody here U you know reporting against it this evening so I feel like we've done a pretty good job with our Outreach having 94 attendees at our engagement back in October was uh a little bit of a surprise to us but I think that also shows that people are paying attention to the work that's being done uh and coming out of that not having any significant concerns that we've been you know made aware of I think we're in good shape to keep this moving forward move to approve all right I I have another I have another comment Mr barari followed by Miss asir yeah I I would just add and again just for the Public's sake um there's the cleanup that we're doing that will be an ongoing process but then there's also the process by which we get there and I think there's one of the things that we're experiencing is as we find clean up items there are multiple Departments of staff that are looking at separate things that aren't necessarily A if then do it and that's creating a bit of a new bottleneck and a and a stackup so all I'd ask is for us to make sure we continue staying very diligent as we're learning and fixing these items that we also don't slow things down to a halt and we stay real Nimble because I'm starting to hear a little more and more feedback about that all thank you all right Miss azira yes uh thank you a May so I know that several folks had reached out to us about um impacts on that on density and I know I had connected them with Allison and others I wanted to just make sure that how would this in any way impact the density concerns that were raised and um are any other significant changes that we should be mindful of so this I don't think this will have any real direct impacts on addressing that concern I think the one element that's built into this is that clarification on the sidewall Heights uh that was a a little bit of point of U just some conversation that we've had over the last six months about how those are being applied and could you make your sidewalls taller as you moved away from the setback uh with clarifying that that helps us to build in when we see some of those infill projects a little bit more uh guide rails to kind of keep us in context with what's around us uh but I think when we get into to the conversation more about how the Udo is going to continue to address that density question that we've had I think that's where we get back to that referral that we've all been kind of working on and and really uh trying to get our arms around some really good solutions to present to you all to consider uh that will be its own separate process and its own separate very intentional conversation uh this is just to try to clarify some administrative items okay so in terms of any setbacks or um I I don't see any significant changes that would result in uh significant reduction or increase in the density at this point at least under this clarification yeah it'll essentially maintain the Baseline that we are in right now okay so it's it's pretty much aligned with what we had approved under the Udo last year and just clarifying language okay yeah yeah the cleanup items are going to be items that are addressing these types of administrative things and we get into the more policy based Udo text amendments those are going to be individual petitions to focus on just that issue and that issue alone uh so that's when we'll come back and we'll present that when it's we get through that process of continuing to study that referral that we've all been kind of working on for a little while now okay no I think that's fair enough I know there was an email that was sent and I'd forward that I did forward that to Alison I just want to make sure we respond and clarify that there is no significant changes as a result of this text amendments this is just more clarifying it uh to address the concern that was raised by one of the residents yeah reached out thank you no problem Miss Johnson thank you Madame mayor and Mr Paton you may have just answered this question um I wanted to follow up on the issue that was referred to staff in in May uh regarding the duplexes and the existing communities um we were told then that it would take about six months so I wanted to kind of get an update on that yeah we are uh I it's I will just say it's been a very not challenging item I think we've all kind of tried to get our arms around as best as we can but it is a complicated item because there's impacts across the board depending on what kind of scenario and what kind of solutions we might pose we need to understand all the other kind of impacts or domino effect of of where they might um you know fall into place so we're I think getting close to having some solutions to POS uh to y'all and I think we'll probably get into talking about those in the upcoming tpd sessions in 2024 and uh I feel like we're getting to a point where we we feel like we're getting close with some things we want to put on y's plate to give us some feedback on but uh we just need a little bit more refinement uh and working with some of our internal Partners on on what we've got kind of as we process it out so uh it should be should be coming sooner than later but uh it it's not a not an a straightforward solution to to try to come to with with such a you know complex issue you said the upcoming what session and tpd in 24 so so I know we kick off our TBD meetings in January I'm not sure what when this one will fall as far as what agenda it might be on but I think that's the plan is to come back and and talk our committee our committee okay all right thank you thanks all right Miss Mayfield thank you Madame mayor Mr peton while just for clarification because the conversation was started many years ago while you're doing the updates are you and your team also having discussions regarding the possibility of tiny homes in our area since that is something that has come up more than once uh good question I I don't know for sure let me find out and talk to the the folks that are really focused on Udo uh changes and see if we've had some conversations and what we might be able to share I can get that to you in a separate email followup thank you all right I think I do I have a motion any other speakers no other speakers do I have a motion to close the public hearing and a second second any further discussion not be having any so on all in favor of closing the public hearing please raise your hand all right thank you very much anyone opposed all right so the our next public hearing and will be the next three we will have people that will be speaking for and against and so we will have those longer time limits of 10 minutes for the umer when they have um someone working against both sides would have that time all right so our first petition is item 32 32 and hold on Mr Brown let me just get the 32 all right we just did our 32 is 20 petition Urban residential um staff recommends approval of this petition upon resolutions of issues on site and building design and our first speaker at this hearing is Colin Brown um and then Matt Langston and Craig gorley who will speak against the petition Mr gorley will speak against the petition all right Mr Brown uh don't you want to toss I'm sorry no I would really like to hurry and move along here I guess a little bit you can tell it's been a long week already keep us going don't worry all right go ahead we'll have staff presentation thank you Dave 2023 037 it's 1.2 Acres on Fair View uh just across from close Burn Road and Winter Crest Lane uh getting close to the intersection there with Park Road uh as mentioned currently zoned n1a proposed zoning uh this is a a legacy request to ur2 conditional uh the place type as mentioned is neighborhood one but we do have a good bit of neighborhood two uh on either side uh on the Fairview Road and then just down on the same side of of fair viiew as this petition just to the west of us uh the request is for up to 14 single family attached units uh they would be inter served by an internal Street uh the guest parking spaces have been provided in this site plan as well one point of access would be on to Fairview Road uh they would also install a 12ft wide multi-use path 8ot wide planning strip on Fair viiew uh all principal and accessory structures would be comprised of a combination of brick stone stucco Cena siding uh no vinyl would be permitted on the site except for handrails and window sofits uh and things of that nature so uh also have U Notes that include units that would have Frontage on Fair View uh would contain a porch orous stoop that would wrap a portion of the front and side of the unit so that it U presents a little bit better excuse me to uh to the road itself uh does limit the number of dwelling units in one building uh when fronting on Fairview Road to six specifies that uh for units fronting Fairview they will provide blank wall Provisions that would limit that expanse to 20 ft on all levels uh garage doors will not front Fair View they also provided an 8ft wide uh class SE buffer along with the fence uh and also notes that the partitioner would work with Charlotte water uh there is an a easement sanitary sewer easement uh on the property just on the backside uh and they would work with Charlotte water to see if that could be uh potentially abandoned at this time staff does recommend approval we do have some outstanding issues related to site and building design uh to work through the petition is in consistent for neighborhood one but uh it is in a good location for some infill of this nature this property has an interesting history as well it was actually zoned for multif family uh for a decent uh period of time until recently I think in the last two years there were some deed restrictions that required it to be rezoned back to single family uh those have since I Believe been lifted which is why we see uh a return to that original request which I think this actually is coming in uh with less units and less stents than the uh initial multif family approval that was granted uh many years ago so I'll let the petitioner share some of that background with you'all as well but uh we will turn it over to them and the public and we'll take any questions following the presentations thank you Mr Brown yes madame mayor council members Colin Brown on behalf of the pitier petitioner shville Ridge Partners uh good overview by Dave I don't have a whole lot to add but uh if we could pull our slides up um this is in the South Park area um and I'm here in your at least former neck of the woods here it is so you've got the core of South Park um obviously Fair View being a very major thoroughfare uh coming uh running East and West here's the property uh there I've got the star on um as you can see uh in the in the area we've got a good bit of um more intensive development around the site across the street we've got multif family we've got multif family here and the product type that we're talking about um would be a town home product very similar to what's across the street uh so I think this is an infill project that makes sense as you can see you know what we're talking about this is a great infill project major thoroughfare walkable to employment walkable to food and beverage a lot of things we're going for it is a 1.2 Acres which is a good size for an infill site here's the zoning map as Dave mentioned previously this site was zoned URC we're we're requesting um ur2 uh but now it is not so it's a little bit of a of a wedge surrounded by everything more intense on the zoning map and if we go to the policy map you can see we've got the kind of most intense blue and then we have a multif family in this area and here we've got that lower density which we we feel like we're pretty consistent with uh as Dave mentioned we are doing to miss Mayfield's Point earlier uh this is a conditional zoning uh so there's a site specific plan uh confirming it would be a town home type product with 14 units uh which is under 12 units per acre pretty similar to what's out there now commitment to mixed youth path um that that we need to see all the way along um Fairview Road there's just dropped in so you can see this develop these units I think match pretty well with what we see across the street lower density than a lot and then as we transition uh into the core of South Park I know there's a speaker in opposition so I'll keep my presentation short and follow up after that all right Miss what lton oh I'm sorry we're gonna hear from Mr Langston and Mr gorle you're good all right so Mr gorle are you Mr Mr gorle Craig gorle please come down and join us that was funny great holiday Garb by the way oh thankk mayor laws and council members thank you for uh letting me speak uh my name is Craig gorley and I'm delivering a statement on behalf of the Board of Trustees for South Park City Homes HOA if you look at the map you can see City home's place we'll have to well yeah anyway we're adjacent and right across the street from the proposed um area we're concerned about two significant problems that can can result from the proposed development storm water drainage and dangerous traffic patterns uh the stormw water drainage from the proposed development will flow under Fair View Road and discharge into a tree save area behind the row of homes on City Homes place and you can uh you can barely see that you can't actually see that on that map during intense storms the water flow to this area is already significant and has gotten much worse over the last few years now spilling into our Tre save area and endangering a retaining wall uh which abuts the foundation of I think about four or five homes along that road the um the petitioner's site plan States simply that it will comply with the post construction storm water ordinance we understand that if rezoning is approved the developer intends to construct an underground retention Basin to comply with the storm water ordinance however our concern is that simply designing this retention system to the minimum requirements of the storm water ordinance will be insufficient to prevent or even mitigate the pro possibility of damage to our property specifically Our concern is that applicable design storms that are utilized in the storm water design manual don't actually reflect what's happening in our climate now storms so frequently exceed applicable design storms that there is often far more runoff higher volume and or higher velocity of the runoff in reality than is anticipated by the by the city ordinance so that's a larger conversation than just this rezoning petition but we do know that for for specific topographical reasons our town home community and our neighbors to the South are particularly vulnerable to impacts from excessive storm water runoff in order to preserve a tree save area adjacent to our property one of the true natural areas in the neighborhood a retaining wall was constructed just to the south of the Town Homes along Fairview vill Court this wall is not structural but it did allow for the tree save area to be preserved and is vulnerable to damage from erosion from excessive runoff and again again the runoff from Fair viw Road and the new proposed development comes across under Fair viw Road and empties right behind our whole uh town home area if if that retaining wall is damaged not only will the repairs be expensive to for the responsible parties but any repairs will necessarily impact the trees in the tree save area in addition a creek that Creek runs south from our property eventually meeting Lowery Sugar Creek and excessive storm water and sedimentation has the potential to erode that Creek and impact aquatic wildlife and vegetation so we're in something of a chicken and egg situation since the developer has indicated that it is that it is not willing to pay to advance a civil design for the project until the rezoning is approved this makes sense but it makes it difficult for us as neighbors to know how to reasonably respond to the rezoning petition in an ideal we would ask that the developer construct a more robust storm water system um than required by the storm water ordinance of the city in order to reduce the volume and velocity of flow of water onto our town home Community proper property and the downstream creek beds we also would ask that specific improvements be made with regards to traffic planning to address increased traffic and a change traffic plan you can see from Park Road over to South Park that area is just rapidly rapidly increasing in volume the number of vehicles uh may be few into that development but the increase in left turns from Fear viiew traveling East will exacerbate what is already a congested and problematic stretch of roadway we believe that these concerns can be mitigated through traffic planning and possibly even putting in a left turn lane in that area we look forward to further discussion with the developer and with staff as this process continues to achieve a coste effective solution to the potential problems caused by the proposed rezoning so thank you for your attention I'm sorry that went on so long but it's sort of a complicated uh you know water is sneaky yeah that's that's the problem thank you thank you very much all right Mr Brown do you want two minutes for your rebuttal yes very quickly and if I can have our slides U really to acknowledge uh these issues were raised to us at the community meeting uh we have been out to the site our engine ER has been out there more than once uh to look at it and generally I'd say I haven't heard you know any feedback uh to say that oh a Town Home Project is not appropriate here I think it's the issues that were highlighted and just to to put some color to that this is um this is the town home community that the speaker resides in uh and there is a storm uh pipe under Fairview Road so we would build our facility it would connect uh the stormw will be piped under Fair viiew and it discharges here this is the open space area that he was referring to so we're aware of that uh our design team has uh been in contact with City engineering and we're evaluating what options uh there might be to address that so again we're in a conditional zoning environment it is possible to go over and above and commit to some additional things obviously wanted to have a hearing see if there was anything else you know that came out of the the pipe literally um so we're aware of storm water uh happy to continue conversations with that I know that's on the on the radar of our uh of our council member as far as um traffic as well uh one of of the goals is one of the hopes of the rezoning is as you you know again I think something would be something will be developed here we think our rezoning plan gives us the best bet to have one point of access to the site uh so we can line that up uh we have actually had some conversations with a property owner here to maybe give them driveway access as well so we've got some issues uh outstanding with seot that we expect to work through uh so long story shirt uh our expectation is that um we we feel like and we may hear other feedback from you those are two items that we're aware of and can work with both the city and the community and maybe add some uh some conditions to address those concerns thank you Mr barari thank you um thank you for the presentations and and feedback Mr gorley um so I think what I'd like to do because I've been in communication with um with with both sides of of this uh project um as the takeaway over the next month to see what we can solve first with staff Dave if you can help me get an answer I think to the the bigger macro question that we just heard now which is uh you know post construction storm water um requirements um where are we in relation to what they are doing at or above the line and is that line appropriate um I think there's as as was mentioned a bigger macro picture here which we have to step back and say are we no longer properly aligned with what our minimum requirement should be to an extent and a belief that we would need to press pause on this because I don't think there's any scenario I'd be comfortable at least making an an a one-off transactional decision on that assumption here if we weren't looking at the macro lens so I think that that's one big takeaway that I can only do with you guys and I'd like to get to that basis I think in parallel what what we should probably do here is on the focus on just the overall tactical elements of the storm water are there other things we can do and I think Colin just mentioned a couple things to look at as it relates to the basic and other items is there something that can be done above and beyond now where if our answer on the macro Citywide policy item is no we not now we at least have something to address where we are and where we understand that and then secondly with the transportation piece um this is the Groundhog Day broken record of major corridors where developers come in and it's another chance that we get to talk about whether it's fair viiew or Sharon or Providence or insert big name here the pain it is to travel on those those roads today the brutal congestion that are experienced and the fact that we are still not doing anything at a macro level to do anything out of the box other than treading water and what we've been doing and really the only time we materially talk about is during rezonings so when we're at a three or 400 unit rezoning you know I I think that might have me in a slightly different mindset in a 14 unit rezoning here where when you look at it by right they could still have 10 not that that that massive of a thing for us to go relitigate and refight the entire udio but I think it's enough where I'd ask you uh Colin and the development team to see where we could get creative and where can we find ways to mitigate the traffic additionally I'm not putting it on your doorstep but it's a problem that's a reality for everyone who lives there and are there other things that we could get creative with the neighbors in this month given if the other questions don't come to a certain uh outcome um are there ways where we could find enhancements for crosswalks um and and and the transportation the the walkability from these folks into their activity centers and things like that so not an answer but a road map for the next 30 days where we'll look at the macro Citywide policy elements of storm water and where we should be and then the micro kind of transactional concession based approach of this petition and where we can find Middle Ground should we not decide to kind of hit a macro pause there and I think if everyone operates in good faith 30 days is a is a good amount of of time for us to to move forward on that thank you m thank you Madame mayor I agree with some of the comments that were made by my colleague um in terms of the storm water runoff I know that's an issue that we often hear about and I know as part of our Udo process there were several tools that were put in place to address the storm water um runoff and I know there are stricter requirements under the Udo so um Mr Patton if you can just walk us through the changes that are required under the Udo and um how that has improved the overall process and do we need to consider even reviewing that further to see what additional discussion that Council needs to consider as part of the process certainly so I'm I'm definitely not a storm water EXP expert so I don't have uh really good Baseline to kind of share I know there were changes that addressed projects like this infill projects projects of a certain size are handled differently than they were under our previous ordinance we can get those details to you I can reach out to storm water um as part of this overall followup and and share some of that with you as well yeah and I would also like if you could share it with a speaker who had signed up to speak against yeah um and I'd like to hear from them as to what additional measures that we should consider as part of the process cuz I know we went through this there was a deeper dive discussion on this I know our former council member Julie Isel was definitely passionate about this and she had certainly um uh provided feedback along this process and I just want to I thought we were at the place uh that was sort of um a good place that address the concerns but from what you what you had shared so only that's that's not enough um so we need to really take a deeper dive into this and address this yeah and just to one point of clarification on it so this is a legacy request so this wouldn't fall in under Udo standards but we can certainly look to what some of those changes were to see if there's elements that can be potentially brought in and Incorporated in the conditions uh to help to kind of use some of those concerns so right but this will still fall it will at least the Udo will still apply here and this would be uh permitted under the ur2 district if it gets approved uh but what because it's conditional there are potentially if there's the petitioners Willing uh they could look at some of the standards that we might have currently and see if there's things that help to offset the concerns we're hearing uh they can pull them from old ordinance new ordinance they'd just be part of the conditional resoning so and I think that's what Mr Brown was alluding to earlier that part okay thank you thank you Mr DRS so yeah thanks a couple of things um I have some petitions in my district where there's an existing flooding situation the petitioner is liable under our rules for not making a situation worse for mitigating to where the runoff is the same as before when you had an existing flooding situation on Tom short road for example I don't think you can reasonably put that on the petitioner I think the city has a respon responsibility there so I would like to see an outcome where we engage with storm water services and take this opportunity to solve an existing problem and then to get the petitioner to uh address their own creation of runoff uh the other question I had was is this under the old uh ordinance this petition yes yeah this was submitted prior to our January 31st deadline so so I do have a question about that I think everybody is probably aware I hope that we have deadlines in place bed in January and February for hearings and decisions under the old ordinance now I have a couple of situations and I think other people do where that's going to be hard to meet and it's not because of the negligence on anybody's part but these were big complicated actions and the staff worked on them and then we had extended engagement with the community and if you've followed my experience on Gillespie for example for the last year you know what I mean so what we don't want is to get kind of jammed on completion the ones that are legitimately taking longer and therefore I'm wondering if the staff has given any thought to to proposing a modification to those deadlines yeah certainly we've we've uh talked about that with something we're definitely considering bringing forward to y'all uh in January for some consideration uh there are petitions that are still kind of out there lingering that like you said are are larger complex they've taken a lot of time uh for transportation reviews a lot of time for Community engagement we've also heard you know from the community that they don't want to feel like the timeline is too compressed and they have to rush through you know this process uh because there is this March 1st deadline for things to be decided on uh so yeah our anticipation is that we will have uh something for you to consider in January that would move that deadline date back to make it a little bit more reasonable uh for everybody involved but we also like I said want to make sure the community has enough time to stay involved in those processes even after that hearing occurs uh and give everybody enough time to continue to work and coordinate after a hearing to get to a point where you know hopefully we've addressed as many issues as possible so yeah anticipate coming uh that coming to y'all in January so that would be offered for Council action in January yes it would have to be U something that Council would take action on it was part of the it's a little confusing was part of the ordinance that implemented the ordinance of the Udo so we have to then go back and and make a change to that I wouldn't change any of the other effective dates it doesn't change any aspect of the uh udo's Effectiveness or its implementation it would literally just be that date of March 1st may get shifted to another deadline U to and it may be a tiered system where we have to have hearings done by a certain time and decisions done by another uh because we all know on cases like this and others we have the hearing sometimes it takes three four months to work through everything we want to make sure everybody has enough time to get through that so I I don't need to tell you that since the J the deadline is in January for hearings the sooner you can get that to us the better so the the well the deadline would be March 1st for any Legacy petition has to have a decision rendered so that would put us at our February meeting so you're correct January would be the hearing unless we've already had it February we would have to have had the decision which as we know there's some petitions that aren't quite close to to getting there yet um I appreciate that yeah thank you right Miss Johnson thank you Madame mayor I just wanted to to marry the two discussions we talked about last week the infrastructure update and um and this might be a question for planning but we talked about in um the infrastructure update and storm water being one of those items this is the reason for those questions about the infrastructure and about the uh specific areas are there areas that are Beyond acceptable levels so this is the kind of information that we need the council needs specifically about areas like this um I I we all know that we hear this all the time the storm water and the traffic and and the residents they they live with this every day so we need to know what where what level are we at or what is the level in areas like this so that we can make informed decisions and responsible decisions so how do we get that information is um I know we talked about getting an update during our uh strategic planning session so will we be able to get like Maps or certain areas so that we can review the the reason that I pushed for the infrastructure discussion was for the for for moments like this so how are we obtaining or getting that information so that we can practically use it sure so I know on this petition storm water their only comments are really about the easement that existed and the line that existed on the property they didn't express any concerns about the project itself doesn't mean that there aren't some items that neighbors are dealing with out there just that they don't have any significant concerns from their infrastructure standpoint uh for this particular petition but as far as getting the information you're you're talking through I think I'd need to sit down and and follow up with our storm water folks to see what I I didn't have a chance to go back and watch the conversation from last week on on some of those items so need to really follow up with them and see where some of that is and and what they're anticipating uh providing for that conversation so we can get that to you in a followup thank you thank you all right um I believe that covers everyone that wanted to speak to this item on the agenda so do I have a motion to close the public hearing we have a motion and a second all in favor Miss watlington did you want he did don't worry about it I'm sorry I did not see your hand up all right um all in favor of closing the public hearing please raise your hand all right anyone object to that all right our next item is petition number 33 for Raven Partners approximately 80 acres located on the east side of East Independence Boulevard North of Hayden Way West of Sam new it's in District 5 and um the requested zoning is neighborhood 1B in 2 B 2B c g um the staff recommends approval of the petition upon resolution of outstanding issues related to environment and site and building design so we'll hear from the staff and in this case we have Mr Brown and Stuart and Sean poan um speaking for but also I wanted to um prepare those that are concerned Rich share share I hope I may I'm sorry if I did not say that very well Beth St Martin Sher Sigman Jean Hoover and Michelle brn and so when you have a lot of speakers you still have just the 10 minutes so I just want to make sure that you're aware of that so we'll start with Mr Brown and then the first Speaker against would be rich I'm I'm just saying until we get to the speaker and then we'll um Mr Rich s scare I'm not saying this very correctly so but you know who you are all righta skara so okay so um we'll hear from the staff and then Mr Brown all right thank you Madame mayor 2023 069 it's 80 acres it's on Independence Boulevard it's uh on the other side where Sardis Road North uh tees into East Independence Boulevard uh it is currently zoned n1b and n2b uh you can see the the property's kind of split Zone there with the end two on the front end and one on the back end um requested zoning is to maintain both n1b and n2b still on the property and uh incorporate some uh commercial areas under the CG District all of those districts would be conditional this is a conditional petition uh the adopted place typ doeses show uh neighborhood one and some small area of neighborhood 2 along the frontage there on East Independence The Proposal would allow for all uses uh under prescribed conditions in n1b and n2b as well as the CG Zone running District uh you can see also there's an illustration for the future Sardis Road and future arqua drive right way uh that's taken some coordination between the petitioner and and ncdot as well as C do uh it does note the petitioner will work with both those entities on the location of the East West Connection through the site uh also Notes The Greenway easements would be conveyed uh prior to the issuance of the first building certificate of occupancy uh F and Community floodway areas would be dedicated and conveyed to meinberg County Park and wreck uh that would uh contribute to the urban Creek Greenway and multi-purpose pathway uh those dedicated areas would remain part of the open space and tree safe calculations uh to maintain zoning compliance petitioner would also provide Public Access pedestrian connections to uh the meber county Irvin Creek Greenway from some internal public streets east of aripa uh Road Extension uh where that access would be appropriate based on topography tree sa at open areas uh does propose a 20ft vegetative setback along the northeastern property line you can see that there that line in green just to the kind of southwest of Meadow Lane uh that vegetative setback would include existing vegetation as well as supplemental plannings or a combination of both uh to help provide a separation between uh this project in the existing residential also illustrates a 50-ft storm water management buffer and a 30ft and 50ft post construction storm water buffer uh on the site uh those areas in red are the areas where the commercial zoning would uh be in place uh so those would line up with that future Sardis Road North connection uh which would be an appropriate place for uh potentially some commercial uses right there along East Independence and then you would transition a little bit further into the Sight n two and then the back portion on the other side of that red line is primarily where uh the N1 portions would be up against the existing single family lots so uh just to give you a breakdown uh of where those differentiations are in zoning districts uh staff does recommend approval at this time upon resolution of outstanding issues related to environment site and building design uh there is consistency with neighborhood one we do have some neighborhood 2 as mentioned on the site so that is uh somewhat consistent uh for that area as well uh but that commercial U change would be inconsistent uh with that overall recommendation for neighborhood one but again given that future extension of Sardis Road North staff does feel those are uh generally appropriate locations for that type of change so with that we'll turn it over to the speakers and we'll take questions you may have following the presentations thank you good evening uh Madame mayor council members Colin Brown on behalf of the petitioner Raven Partners uh Ron Stewart with Raven Partners is is here with me tonight uh David this is an interesting resoning um so here we are we're going out Independence towards the town of Matthews and this property is literally on the border of Charlotte and Matthews so if you see that red line that is Charlotte city limit everything on this side is Matthews everything on this side is um kind on the Charlotte zoning side so this is a large um property there it is this is the purple there you can see town of Matthews zoning jurisdiction the white is this site which is Charlotte zoning jurisdiction I just find that interesting um if you've certainly everyone's driven Independence uh this is right across from Sardis and uh of course we got the kind of Sardis um shopping centers on this side and you may have wondered wow that's a big pie of property that is UND veled in the city why is that um so it is remarkable to see such a large past that is undeveloped after all these years why is that this is an area where ncdot and certainly we talk about transportation and concerns about why didn't anything ever get done so this is situation where NC doot is coming with a pretty significant uh change to this area to bring some improvements so that is that is really kind of what has spawned this rezoning so if you can kind of reorient yourself the property I just showed you is here where I'm circling and what is happening is ncdot is installing a new interchange at Sardis so there will be a new interchange on and off of Independence here and then as um as Dave mentioned there's a a road called aipa up here which I think is named after one of Charlotte sister cities the idea would be to extend that through our site connecting to Sam new so that would also provide some relief you know everyone doesn't just have to be on Independence there would be a parallel connector so all this is ncdot our team can't take credit for that at the same time Sardis would be extended across and through our site so all of this is happening uh with that happening it kind of makes sense to look at what's going on on this property and as you can imagine with a new interchange and two New Roads coming through it it might not be the best site for lowdensity residential which is why we're having uh the conversation about the zoning so as Dave mentioned the zoning today has an n2b which allows um multif family housing and to the rear we've got n1b which is a little lower density we're keeping a portion of both of those districts uh so to follow this would be our site now and just show you the white is essentially areas that would become right of way so that that piece would be eaten up by really a future interchange the idea was would be to place some commercial near it um the orange some of this is in place now but it's extending that a little bit here and then everything that is yellow we are not changing the zoning on it is zoned n1b today and we are leaving it in 1B really to be sensitive to the neighbors uh you will you will hear from the neighbors shortly but our our plan was hey this is really changing things um and the residents you'll hear from I believe are from the town of Matthews uh their development inm is a much lower density development with very large lots that have been there for a long long time uh and I'm sure you know as most neighbors would would like to not see change uh I don't think that Raven Partners is is really the Catalyst for this change a new interchange and the new roads are really going to change this area and so we're trying to bring zoning in line with that um we are this this frankly was probably a candidate for a conventional zoning I think it makes sense to do it that way uh but with conversations we've had with the neighbors we decided to move to a conditional zoning so we could be in a zoning environment so we could work with neighbors get feedback make some commitments we're setting up to do that um as as Dave mentioned and you'll hear from The Neighbors in moment and we've met with them fairly extensively uh they've been to uh Northwoods office I'm sorry Raven par 's office uh we've had a lot of conversations so I you may hear more from them but I think we understand what their concerns are generally and again that is why we're not changing the zoning um in their backyards literally we do know that our ordinance uh now in this n1b allows you to do Town Homes duplexes doesn't require buffers but with our conditional zoning we're able to do that uh so part of what um The Raven Partners teams has talked about is as Dave mentioned is adding buffering uh a 20ft uh landscape buffer at the rear of the site uh just to provide something in their backyards for protection uh we have discussed it's not currently in our zoning document but we've discussed a commitment that we would as y'all probably heard there's no zoning in Charlotte that is single family only but we said we would consider that is having only single family homes uh in this portion of our property backing up to their single family homes and then because we are again in the conditional environment we are able to make a pretty significant Greenway dedication um so there's a look there I'll pause I know the neighbors have a lot to say so um I'll try to be as efficient as possible we'll pause there and follow up after their comments all right Mr sh shka is he here thank you um and then he would be followed by Beth St Martin and we do have two podiums so you can come down and again you have 10 minutes combined for all of you Sher Sigman would be next Gina hover the next and Michelle Brown Bron final all right we'll make sure everybody gets down the steps pretty easily please oh thank you um if you would pronounce your name for me then I my name is Richard Kara thank you honorable mayor and uh committee for letting me speak um I moved into um View Circle about 3 years ago looking for a quiet neighborhood uh that was established for a very long time uh yes we had have quite a quite a bit of uh woods and Wildlife that are behind our property uh including um Irvine Creek um in addition to flood zone and uh Wetlands that are back there uh the proposed changes to the area H has not been addressed for um maintaining the habitat that's existing there um conditions that are going to go and also deal with the flood zone and the proposed properties that are going to be against our um the back of our properties uh that can the buffer zone that they're providing us is only a 20ft buffer zone and having only 20 ft from there which leaves uh new housing that's going to be really close to the back of our properties and houses um i' would like to address that you know some of the habitat that's back there there are are actually are like multi Wildlife tree um deer and turkey um uh occasionally you'll end up seeing beavers back there through the streams um other other Wildlife that you possibly do not see commonly like a police woodpecker it's actually North America's largest woodpecker it's about like 16 to 19 in tall um based on some of the old trees in the tree line there we have old sycamores and old black cherry trees that you don't see commonly through North um residential areas anymore uh this was established this land was established back in the 60s used to be older Farmland that has grown into the habitat that that it is today um we would like to go and uh request that we we have a hun foot buffer and maintain the wet flood zones and wet lands that are back there not only along the uh stream but also in the back of our properties and and to take into consideration for the buffer zone of environmental um preserving the green space and appeal uh noise reduction of all these new uh housing and um condensed housing that's going to be an end to which is going to be still quite close to the back of our properties U that's um also assisting with a property value um storm water management uh there's effects on the wildlife um the habitat disruption um the biodiversity um there's going to be the human Wildlife conflict uh there are coyotes and other Wildlife that's back there that's going to get all pushed out of of the area uh pollution um and other other things with flood zone risks and uh flood zone Point management thank you you you have about six and a half minutes dear mayor ly and um council members I'm Beth St Martin I live at 2333 Lake View Circle and also would like to take a moment to acknowledge many of our other neighbors if they'd like to stand or raise their hands that have come to support us this evening as well uh tonight I'd really would like to share with you a little about our neighborhood and where why we really are concerned about the proposed corporate rental homes AB budding our properties my husband and I have lived here for almost 32 years and raised our family here we fell in love with this neighborhood and during that time we built relationships with our neighbors and have forged a deep sense of community we all know and care for each other while sharing neighborhood block parties ice cream socials hay rides and even door to-door carolling we are also always there for each other in times of need however insular we may appear to be we're also well aware of the growth of our Charlotte Community as a whole and the need for additional housing as Colin mentioned we met a few times with uh Raven the developers and they shared that they were very community-minded as well and did not just build rental homes and leave the area they stay and manage their rental homes and are a local company and they care very much for the neighborhoods they build and they care about the surrounding neighborhoods like ours tonight we' really give them an opportunity to truly show the compassion for the surrounding neighborhoods like ours I am here today to request really just simple additional buffer that they had shared with you a lot more than 20 feet if you think of 20 ft between this new corporate rental neighborhood and our sweet quiet established neighborhood that we so know and love thank you so much all right Miss Sigman honorable mayor elil and mayor protim Anderson city council members and staff my name is Sherry Sigman and I've resided on Lake View Circle in the past 32 years the Raven group sent a notification to our neighborhood in September and this was not an early gift from Santa I promise they sent us this uh notification they would be building rentals behind our properties in the very near future they said they would explain the project in a uh Zoom meeting later in the meeting we shared our concerns about the flood plane and wetlands that run behind us on the property they showed us a picture of their rental property in Chapel Hill but said they did not have an exact site plan for the project behind us yet so we don't we don't know what it looks like you don't know what it looks like when you examine the plan for the buffer you will see that several houses including mine are right we but the Charlotte boundary line we will have a separation of 40 ft 40 ft I can just about throw that far line to the development from the back of my house to the development is 81 ft hopefully you can understand our concerns about privacy sound and safety I really had hope I honestly did have hope for our neighborhood meetings with the developers nice people but nice in my house I have to take care of myself too in my neighborhood as it turns out reasonable concessions were not granted I was also surprised that the start date of 2024 would even be considered before the two Road Sardis Road Extension and air keeper driver in place they're they're not on they're not there yet I know they said that they'll work with the Department of Transportation but what does that mean um the entrance and exit to this new property would be on to Independence and I've heard several of you say we're crowded there anyway and it would be a traffic nightmare pulling in and out of Independence Boulevard and I thank you for listening okay we have about two minutes left Gina H hover and Michelle BR speakers good evening mayor L mayor proam and council members my name is Gina Hoover I am mayor protim for the town of Matthew I am not here to speak for the town of Matthews or the board I am here because constituents have reached out uh with their concerns so as a public servant I want to speak of my concerns of this development and I believe we have to look at the big picture of what is to come and what this development will bring my concerns are one our schools are at their capacity ACC according to CMS quote existing school capacity in this area is currently inadequate end quote this past November a $2.5 billion school bond was passed but unfortunately Crown Point Mill Middle and Butler High School will not be receiving any of these funds our teachers have been pushed to the Limit and this is a burden they should not have to bear we must ask ourselves is it the educational experience we want for our children Matthews currently has resoning projects under construction and approved which are still in the waiting process and will be adding new students to these schools as well number two along with the Northeast section of partiel 1931 12102 Raven Partners is explaining 33 single family dwellings the residents of Matthews whose homes border this proposed new developments are only receiving a 20 foot vegetative vegetative I call it natural that's fine setback um setback in the Udo U two 20.1 landscaping and screeing purpose section B it states quote increase the comp compatibility of adjacent uses and minimize the potential negative impacts to neighboring uses end quote to put this in perspective a garden hose is long longer than this vegetative setback I am so sorry I I feel very awkward um allowing you to to continue to speak because I can't and I want all of the Matthews voters to vote for us as well so but um but hearing that um we this is the end of the 10 minutes and so Mr Brown has two minutes for a rebuttal but what we would I would ask you to do is if you have written comments you can please give those well I don't see our officer down here today but if you would um if we could get oh there if you would take those and give those to the officer he will make sure the clerk includes them in our record thank you all right thank you can they stay he has a two-minute rebuttal Mr Brown has two minutes rebuttle she got me thank you uh just in response we've had again robust conversations with neighbors I've done this a long time this may be the longest tenure group of residents uh that I've run into you know many of them 30 plus years were kind enough to come out I I do want to reiterate you know one of the things we tried to do and our our thinking was let's not reone the property nearest to them um so so that as you can see the yellow is we are just leaving we were leaving the Charlotte zoning in place and again we've done we've gone a step further to say will believe even though we're not changing that Zing we'll condition it uh we'll put in again we're talking about a restriction to to leave that single family a buffer so that they know they've got some vegetative um area we're continuing our discussions with ncdot we'll be happy to continue discussions with you all the neighbors uh as we move forward happy to answer any questions thank you all right we um Miss Molina um thank you so much Madam mayor um first I want to uh thank the resident from the town of Matthews for joining us here today thank you for taking your time to come to a Charlotte meeting and um and share your concerns I know that I don't represent you directly but I can absolutely tell you that I share um the same joys of living right there on the border with you guys uh the east side is one of the most for me beautiful places in our area where you get to see some of the same things that you all mentioned you know the the live um the animals the you know the vegetation all of the beautiful things that we enjoy every day I see and I'm I'm very Southern sometimes I say Critters I see all kind of Critters I mean I I have seen families of deer in my backyard um I've seen rabbits I've seen you know all of the things that you mentioned so I know personally from living on the east side for the last 14 years that that's something that is that me and my family we've enjoyed immensely so um as a leader of that side knowing that a lot of the people who are in the Charlotte limits enjoy some of the same things that you do in Matthews um I'm very diligent in the opportunity to uh speak up for some of that because that's why a lot of us did move to the area I'll I'll preface my statement in saying that um I heard a lot um mayor protim hover thank you so much for your level of specificity I hope you did have some written comments because I would really enjoy reading them um for the purpose of moving forward and working with uh the development um going forward to see kind of how we can uh be good partners with Matthews because I know this is not the beginning of the end a lot of what we do um because we have our residents that we share um we have so many conversations to have going forward and so I I feel like this is a great opportunity for us to Foster that relationship in a positive manner to make sure that you know we receive your feedback that I can read it that I can share it with my colleagues here at the deis um because we do collectively make these decisions as well although I represent uh the residents on the east side we collectively make these decisions and I would be happy to make sure that I disseminate that information to my colleagues um um I heard a lot of different concerns um and the most flagrant was the buffer there's a lot of concern about a buffer uh for this residential property so um I I'll I definitely that's going to be a first portion of my um question for uh Colin but I also heard some other things that I know that um that that I actually would like to kind of ask uh few of the residents if they don't mind maybe even the mayor protim if she doesn't mind returning to the podium because I have a question for her specifically um around some of the information that she was she was giving um with regards to the buffer specifically so that I can better understand to be able to communicate that information as well so um I'll start with a buffer question um and if you don't mind mayor protim hover um you you spoke specifically about um some information U with regards to a 20ft natural setback um and a buffer can you give me more information about what um I guess what it what do you feel would be a proper buffer based on the information that you're giving because I didn't get to hear the whole of what you were going to say and I know I can't you know give you a chance to say that but if you can kind of round that out for me so I can take some good notes that would be helpful yes ma'am thank you very much for allowing me uh to speak um I've been out there I have looked around and um 20ft buffer is very inadequate and all I have come to ask from this uh from this board is uh if it's possible if we could at least add 15 more feet to make it a 35t buffer that would be just so much improvement to help uh my constituents in in in this area I mean it's it's not I don't feel it's much more but I understand it can affect things you know in different ways so that was really all I was just going to ask for was just 15 more feet if possible okay and and stay right there because one of the first things you said is is something that we've we've actually in in our most recent council meeting we talked about um the historic you know bond that we just passed realizing that it won't meet all of the needs of our enormous school system but you're you're talking about schools in Spec so you're you're you're thinking that the Charlotte Schools or the the Charlotte um property the students would actually attend a Matthew School is that is that according to the documents on your website these are the schools these students will be attending okay so they would be attending the Matthew School okay [Music] um yeah but I I'm I'm just I'm asking her to make sure um all right and also [Music] um just to make sure I clarify when you say a 35t buffer natural unnatural what are you saying in Matthews we call them natural buffers okay and you guys I'm assuming call them vegetative buffers that's what I know as a natural buffer okay now I also there there's some so ncdot I drive by this every day right so NCD is going to drive now a road through this the space right so I think the most responsible thing that we can do is kind of plan for that whatever that may be because inevitably that's going to drive more interest in development to you know your residents and so I think the most important thing you have to do at this moment knowing that that's coming inevitably is arm your residents and make sure that they're ready for the fact that you know this inevitable change with Transportation that's already planned and already coming is going to happen so that they understand how they can best protect themselves I'm happy to give you my card to make sure you know we can share notes even I would love that okay um and I'll make sure I give it to you um so that you know they can be prepared for that you know going forward well thank you I appreciate that so much and so I also heard noise reduction property value um I Heard um maintaining a stream so there's a stream that backs up to the area well it's there's actually like the flood plane you know that falls through there and then it's hard for me to show you but yeah there is a stream that goes through I know the property well because I actually know the previous owner and so I know that property well and yes there it's it's a it's going to take some doing you know to do things around there but yeah there there is you've got the is it the I think it's the Irvin okay so okay all right um and I heard storm water that's something we're work in progress please be patient with us uh biod biodiversity pollution and flood zone management so those are things that I could talk to staff about on our end um but I really like I said I really appreciate you com to our meeting I really appreciate all of the residents um my next question is definitely for Colin I need some followup thank you very much thank you so much um so Colin when you say right now the entire property is actually zoned uh the entire property right now is already zoned in 1B the the zoning staff has the zoning map up um the the portion closest Independence is z in 2B which is um our multif family the rear is zoned in 1B okay and the area closest to the neighbors we are leaving in 1B so we're not changing the zoning in their backyards okay we are in a we did a conditional zoning so we could add some commitments like providing a buffer which would not normally be required okay and are are we are we amicable to you and I and them we discuss more of the buffer absolutely um our uh our engineer is here as well um so hearing all this and happy to the neighbors know us well and know how to find us so we're happy to continue the conversation okay um and also I know that um we got some other things that are City related so this wouldn't be a question for you um so the type of uh I guess um what what type they say corporate rental well and we wanted to be you know clear and honest with this them U Northwood Raven on the site would have a mixture of housing types right uh they would have multif family uh closest Independence they would bring that back to have U kind of duplex town home types that would be for rent uh and then along the rear that what they're contemplating is having single family homes there but Northwood Ravens model is to rent the homes um so these are these are kind of very end very high-end single family go for more than most mortgages uh but we wanted to be honest with them that is the product type if you looked at it it would look like a single family home but their their business model is to offer them for rent okay okay um and I and I just you know I know you you you spend so much time with us that you're like family now I mean you we you here and you you spend a lot of time with us uh and you know being transparent I I do feel like we can reach uh something that that makes sense for both parties I I don't feel like this would be a big hill to climb I hope it wouldn't but I don't know that until we start that conversation and start really ironing out what it is that the residents would need and how can we meet um in the middle and I'm happy to be a part of those meetings if you need me there um I I would love to be there I want to express that openly um but I you know I've known you to be a good partner so I'm I'm looking forward to it I'm you know we can kind of do something one off if you beat open it at and we you know pull in the residents and and talk through it and see what's possible happy to do it all right that's all I have Madam mayor thank you Miss asme thank you um couple of questions so some of my questions were already addressed by council member Molina so thank you um and thank you mayor proam Hoover for being here with the residents that just shows how much you uh care um from the remarks from some of the neighbor neighbor certainly sounds like a great community and great community of neighbors helping others so that's great um I also appreciate some of the commitments that were made by the developer here especially the buffer zone connection to the greenway and keeping especially the uh part of the resoning well not part of the resoning but the area that's close to the residence backyard as is and not making any changes to that where you are doing n1b so I certainly appreciate that but I'm sure there is a room for more um the was this petition submitted before the udio uh I don't remember if it was submitted before but it was submitted after any deadline to have a legacy District which is why we have our udio districts being requested on this one so udio will apply under under this okay Udo plus conditions plus conditions so that that's good to hear I know under the Udo we have protection for Heritage trees that we did not have before and I think that's a bold step in the direction where we are trying to preserve and protect our heritage trees our re tree canopy um one of the speakers mentioned uh several trees would they Mr Patton would that fall under Heritage tree protection and they would have to um follow those um Heritage tree protections that are in place yeah any of the applicable tree protections for the Udo would apply uh to this site I'm not sure which one specifically would apply until we got into more of a uh plan submitt and review of it but any that would be in the in the udio now if applicable would fall under this petition right and I think that addresses concerns that were raised by one of the speakers and we didn't have that before the Udo and this is something new that this Council had approved um that I'm very proud of uh I know that residents have requested 35 ft total and you uh B on the proposal has 20 ft um what how do you feel about the additional request of 15 ft um like I said our Engineers here we we've looked at you know and we kind of said to the neighbors hey we're going to go to the hearing and because you never know what you get at hearing sometimes you get other issues so this helps us isolate the priorities the feedback we have from you uh we'll take that back to our design team and see if we can add some additional okay uh and there was a request by one of the speakers about traffic light off of Independence I I mean as an East Side resident um I I can certainly understand that um and they're getting much considering how busy Independence is and especially with this improvements uh if you can just give me yeah yeah if you'll put my this won't be a traffic light on Independence there's an interchange being built that will come through our site so the new started extension through our site you would be able to access uh so and there's going to also be a bridge across um so it's much more significant than a traffic signal G so that would address the infrastructure request that was made by one of the speakers so I think really the outstanding item here I see is the additional buffer and how far can we address that request I think that would definitely um that would definitely make neighbors happy I think um I don't know if it make them happy but it it may make them happier yeah I think it would it it it it be a Christmas wish so there you go uh but other than that I don't have anything else I would like to see uh have you all having continued conversations and seeing how far we can uh address U the buffer request that you all had made but that's all I have certainly appreciate the request and certainly appreciate the concess consent consens that you have already concessions that you already have made I think these are very significant and I certainly acknowledge and appreciate that that's all I have thank you Mr Driggs uh thank you so I'm looking at the transportation summary and we have our 10 trips per day current 3500 by right uh and then of course no idea of what the uh proposed zoning would entail is there any way we can get a feel for that I realize there's no site plan and and so on but uh um I I think jumping into the abyss in terms of what we could be generating here in terms of traffic uh is difficult and I say that particularly because because I see the active projects here which I think are all publicly funded is that right the active uh TR Capital everything I'm showing is ncdot there will be some cooperation between the development team and ncdot nonetheless all of this is subject to this kind of bumpy process with the stip and so on the I74 is a state road right uh so I'm I'm wondering uh I see for example start date year late 24 I'd just like more information about the status of those and the where they are in the stip and when we think we're going to see completion of that and if there is any way to indicate compared to 3500 units that the entitlement involves uh are we talking I assume more but uh is there any way to get our arms around what the trip generation is not exactly we could give some parameters it's not as intense as you might imagine um so we could we could give some rough parameters how do you know what I might imagine well I don't I've got a very vivid imagination okay I just PA at the question if you guys could follow up with me i' appreciate it thank you Mr drgs any additional comments if not close there excellent all in favor of closing the hearing the public hearing raise your hands those oppose okay great we're going to move on to agenda item number 34 petition number 2023 122 by Empire communities approximately 9.24 Acres located at the dead end of Jenkins Avenue and along the west side of Wright Avenue and District 5 Miss Molina's District the current zoning is n one- a proposed zoning is in 2- a staff recommends approval of this petition upon resolution of outstanding issues related to the environment and sight and building design well first we'll hear from staff and then we will have Mr Brown Mike Shay and Eddie Moore who are all uh speaking for this petition they have 10 minutes in total and then we will have um Lori Stockdale Nick MOSI Patrick Blazer and Gary loner will have 10 minutes in combination against Mr penon all right right thank you Mary Pro time 20231 122 uh it's about 9 and a/4 Acres uh it is at the dead end of Jenkins Avenue just uh to the west of Craig AV uh also at the cesac and of bridal Path Lane uh the existing zoning is n1a you can see we've got some N2 zoning uh really all around the site north and east as well as a little bit to the southeast uh directly to the West you've got the uh single family's uh neighborhood there on Bridal path and go in Linda Lane uh the adopted Place type generally reflects that zoning pattern of neighborhood one zoning uh along with some of the neighborhood too that's existing in the area uh the petition would propose up to 93 single family attached residential units uh maximum Building height would be capped at 48 ft uh also proposed an internal network of public streets with sidewalks and alleys uh connecting to the north as well as to wri Avenue uh there is an 8ot path that's proposed between Linda Lane uh to the proposed development uh I believe that is Bridal path not lindel Lane so apologize for that uh also specifies improving wri Avenue as a local residential wide uh identifies McMullen Creek uh tributary and a 35ft stream buffer along that Creek uh also illustrates a 25- ft Class B landscape yard along uh portions of the west and south property lines and also notes that development within that swim and pcso buffer would be coordinated and subject to approval by Charlotte meinberg stormw water uh and mitigated if required by city ordinance uh staff is recommending approval of this petition upon resolution of outstanding issues related to uh environment transportation and sight and building design uh it is inconsistent with the policy map recommendation but we do have a pretty strong uh prevalence of neighborhood to uh to the east of this uh and given this project does uh kind of stop uh too close and doesn't come just adjacent to some of those single family do felt like or did feel like it was a nice reasonable transition from some of the multif family off of uh right AV uh and Jenkins uh and as well as to the north where this project would uh basically uh have a a road connection and be an extension of the project that's currently underway uh to the north of this site felt like it was a an appropriate location for uh an increase in in some of the density here again we are recommending approval so long as as those issues get resolved and we will turn it over to uh the speakers and take any questions following the presentations thank you thank you Mr Pon Mr Brown yes may protim council members Colin Brown on behalf of the petitioner uh Empire homes joining from Empire's Mike Shay and Dan Robertson um as uh Dave mentioned pretty interesting infill site here uh in the cotswald vicinity and near the Monroe Road Corridor there's a highle photo as you come in and take a closer look at at it uh 8 and 1 half acres so that's a good infill site with an opportunity for some good housing uh in in a very desirable location uh what is interesting about this site is Empire also owns the property to the north of this and I say that to point out the property to the north is is is zoned in too it would be today you could develop apartments or multif family but Empire would like to develop these together consistently with a you know a for sale town home product so we are rezoning the Southern portion the northern portion can allow town so we're approaching it that way uh we have also put this into a conditional zoning again this is you know an area where we knew we would have feedback uh from the community and wanted to be a conditional zoning environment so we could discuss and make commitments on issues of concern as Dave mentioned and this is a good illustration uh everything in Orange is zoned INB so that's higher density you know kind of multif family uh over here we've got traditional lower density and this would be a nice buffer of medium density housing uh between those two types um this is a look at our conditional zoning plan now as I mentioned the parcel to the north which is owned by Empire is zoned INB you could do much higher density but we're not looking to do that looking to have kind of a combatible uh Town Home Development um I'll let the uh adjoining speakers um speak for themselves but we've got some continuing themes tonight uh you'll hear about storm water and that is something that we are mindful of uh one of the things that we you you try to balance connectivity Transportation a lot of things uh so the other so we'll hear about storm water the other item is uh Bridal path uh currently has a culdesac here typically seedot would ask us to put a street connection through we're showing a ped Connection in light of all discussions we've had about storm water I think our preference would be to eliminate this connection so that we can leave that area as open as possible uh I think staff has indicated they might be comfortable with that uh so that's an item you'll hear from the neighbor about that we're certainly willing to do that we think that could not only address their concern but also help with a little bit of the storm water concern um so I'll uh I'll let the neighbors speak and then I will follow up with feedback thank you Mr Brown okay So Lorie Stockdale Nick M MOSI Patrick bzar and Gary learner you have 10 minutes in combination good evening and thank you mayor protm and council members my name is Lori Stockdale and I live adjacent to the parcel that is um up for Reon I've lived there for 12 years also with me are Nick MOSI and Patrick Blazer we are doing a joint presentation for you uh on this slide you'll see our homes marked by the red X's so that is our Loc next to these and our interests in the concerns of the development we have held Community discussions with our neighbors some of whom are here tonight um we've also met with City staff including storm water uh regarding our concerns and greatly appreciate their expertise and responsiveness we also met with a developer and their representatives to address our primary concerns which do fall under storm water and an access path to Bridal path foremost our concerns are around storm water you'll see um some of these photos that will be demonstrated and explained forthcoming uh this is nine acres of undeveloped Natural Area it flows into a tributary that Services um McAn Creek McAlpine Creek the localized flooding already overwhelms the creek uh this is a significant safety issue for the approximately 20 children who live along the road uh next to the creek any increase in storm water runoff from this project could have catastrophic impacts to our neighbors uh along the creek you'll see in a few slides again um further Downstream there have been pieces of the parcels that have been part of the flood plane buyout program uh this is Upstream from there so you will be able to see that um but but really it is imperative that our neighborhood not be subject to further physical or financial impacts of flooding exacerbated by this or any other project but for a firsthand account of the flooding I'm going to turn it over to Patrick Blazer great job I'm let you drive that's you want me to drive sure thanks good evening and thank you all for for your time this evening council members and and mayor proam I am Patrick Blazer and I live at 4315 Emery Lane which you're looking at right now as you can see on the left we're having a pretty good day on the right we're having a pretty terrible day and as Lori mentioned we have a lot of children that live along this street and certainly call these backyards their home um you can advance the slide um this is looking South from my neighbor's backyard towards our homes and you can see where the flooding kind of begins where these tributaries come together and then of course it continues to grow as we move down the line next slide and then we're going to play you a short video here of what that looks like as I mentioned on a bad day so it's supposed to be think Emma had indicated it would play I can speak to it if it doesn't is it able to play there than there we go so this is not slow moving water this is not an inch and a half of water right this is as much as 2 feet of moving water outside of the creek behind our homes that fence as you can see there's roughly 3T 3 half ft high at the top so that lower railing gives you a sense of just how deep that is and you can see how it's already encroaching on our homes and going into our crawl spaces at time it's my understanding that that 6 in of water right has the ability to knock somebody over 12 in of water will move a vehicle we have as much as a foot and a half of water flowing through our backyards and this doesn't happen once every two or 3 years this may happen as many as three or four times a summer okay so these are massive amounts of water um and and we think as Lord said anything beyond this really becomes catastrophic along this Creek bed you'll also find power lines as well our power lines in this neighborhood are above ground I have watched the erosion encroach on these power lines and I have seen trees fall on these power lines due to the erosion along the creek bed when we moved there eight years ago I could have stood in the creek and I could have seen out of the creek right so call it roughly 6 feet high that's me being a little generous to my heart um that said I can't stand in that Creek any longer and see out of it this is a massive amount of water that's encroaching on our homes we can't afford to add any more volume to that without again it becoming very catastrophic so for us it's it's a lot of things but safety as you can tell is foremost on our minds as it as it as it comes to this water and of course property values as well so with that I will turn it over to Nick okay council members mayor Pro term um so I live on 964 my name is Nick MOSI I live on 964 Bridal Path Lane which is the property just right next to where the uh site's proposing being developed um and there is a pedestrian path that's being proposed on the site plan that would come right through uh and land on the on our cue saac um it just seems very illogical considering there's no sidewalks on our called on our street it's poor lighting the street has not been paved in over 20 years um and the street is really narrow it's at 2 21 to 23 ft wide versus some other streets in the neighborhood that are much wider um you can see from the topography which I'll show on the next slide when you the topography literally slopes down like this um so you would have to have some sort of steps or something that would drastically come up the hill which would not be safe if anyone was up there there's a lot of cars that are turning around on the cue saac and so you would there's seemingly it would be very difficult to be ADA Compliant to build a public path that would go up go up such a steep hill that red square is me standing at the top and my wife's at the bottom of the creek taking a picture so it is a very steep drop off from the cesac that would go down and it just doesn't seem very intuitive that you would want a public path to go up there um you know additionally there's really no stores or shops or restaurants it's a 27 minute oneway walk from my house to any nearby stores coffee shops or anything like that so it doesn't really seem that it would be providing any connection if you will to any anywhere um there is Rand off Middle School which is a half mile from the proposed site but it's an IB School so the residents of this proposed zoning would not even be zoned for that school they would be zone for AG Middle School um and lastly you know there is significant water runoff um as Lori and Patrick had talked about coming down the street from Bridal path again that's my house again my wife standing at the bottom taking a picture of me up top significant water runoff coming down Bridal path down that down that slope that feeds into the creek so so if you were to remove those trees for a public path that seemingly really wouldn't add any sort of benefit it would uh it just would not make much much sense and it negatively affect the vegetation um and the storm water which Colin alluded to which should be hopefully you know they're accept they're accepting to kind of remove that so uh thank you but that I'll turn over to Gary you have about uh two and a half minutes perfect I'm Gary learner with learner residential larner res larner residential and its principles have managed the L Glen apartments for over 30 years 60 unit apartment community was built in the late 1960s it is naturally occurring affordable work for housing with rent starting below $1,000 delaye Glenn is located off of Craig Avenue in the so access for 22 of our Apartments to Craig Avenue is Jenkins Avenue Jenkins Avenue is on a public RightWay that is currently maintained by delang Glenn Apartments and not the city of Charlotte we are opposed to the resoning in its current form since it would permit the developer of the 93 proposed Town Homes to use Jenkins Avenue the road which our small apartment community maintains is one of the two primary access roads to their Community without improving Jenkins Avenues to City standards are dedicating it or having it dedicated to the city for maintenance staff analysis recommends improving Jenkins Avenue to public Street standards so that it can be publicly maintained we ask that city council make this a condition of the proposed zoning if the road is sub if if the road is publicly maintained we will support the resoning petition goal three of the 2040 comprehensive plan plan housing access for all as a stated objective retain the number of natural occurring affordable and Workforce housing units in the community by managing change within the existing neighborhood if the city council is going to permit change to the neighborhood surrounding Del langland apartments by allowing the construction of 93 additional homes it must do so in a way that won't place an additional burden on dlan Glenn apartment an affordable housing community that is located within the neighborhood thank you thank you Mr learner and all Mr Brown you have two minutes for rebuttal thanks uh thank you um and again we've had I think good communication uh with these residents uh indicating and so I'll kind of move through those um comments one the connection to Bridal path we would if staff is comfortable we'd be okay removing that we think it addresses the storm warm water issue as well uh Mr larner was referencing over here Jenkins which is off our site which the city has asked us to connect to he's right it's a public RightWay but the city doesn't maintain it um so his point is I don't want you putting all these cars on my street if I got to pay for the street um so we're working with um seedot uh and our our team is willing to make improvements uh seot would have to look at the street and and make sure they'd be okay accepting it for maintenance C has indicated to me that they've already put that on the list to go out and look at so happy to address that the is storm water uh and the Empire team has looked at this and certainly Shar similar concerns and have indicated we are willing to go above and beyond uh the the requirements of the storm waterer ordinance uh we would like to continue working with with storm waterer Services really to make sure we're doing the best bang for the buck is it that we upssize our system larger or is it that we commit some funds to some things further Downstream so again I think this can to be a win-win win you know I hate to say that but you know by someone can develop this today it it will get developed uh I think we've got a a good plan I think we've got solutions to these and we'd like to continue working with storm water services it's got to be something financially feasible for our team but we want it to have the most effect um so happy to continue on those and Again Bridal pla we're happy dealing with we're talking about the improve Mr Jenkins and seedot would have to confirm if they' accept it but happy to work on those issues thank you Mr Brown Miss Molina um thank you um mayor protim uh first of all I again would like like to thank the residents for coming out I'm always happy to see um our residents involve yourselves in the process it's important that we hear from you um I I want to acknowledge that video oh my goodness yeah it is breathtaking to realize that you're going through that um and and I I know that with that being seen by myself and my colleagues I I think we have to have some additional conversations uh to make sure that we're doing right by you and the residents that are in that area so um I apologize that that's a lot that's a whole lot um and and so I I'm confident though because I have already spoken to um the intended developer um and I I've spoken to Colin um and and I'm encouraged by some of what I'm hearing to provide relief you know uh with this actually being a petition that could possibly move forward again you know I I understand that you may understand where you are in the process so this is not like yes or no this is really where we kind of understand the full scope of what we're looking at we involve what you would like to see happen um into this process so that we can try to reach that good place where everyone's you know um able to move forward and be happy um and so I I heard a lot from you um and I'm encouraged to hear you know Colin mention that c do uh would address one of the concerns about um making it a condition of the propo proposed zoning to have the road that you mentioned to be City maintain because right now that's not something that's currently happening and to hear that CN C do is already taking the measure to look at um to see if that's something that we could do to move forward I think I'm happy to hear that um um and to hear the actual petitioner be interested in the storm water piece um I I spoke to Colin at at length of actually I spoke to the petitioners a little bit at length about this I think moving forward as we as we go into some of these petitions um we have to make sure that we're being as responsible as possible right and I think all parties Charlotte is something that we we have to protect we have something beautiful here we have something that you know we have a we have a city that you know my colleague Malcolm Bram would say if you're not growing you're dying you know and and to be on the growing end of things is the best place to be but then we have to manage it responsibly so um when we have you know the development that's coming the people that are coming that's an inevitable truth to have that partnership where they're willing to be malleable and even go above and beyond that's encouraging for me to hear I know that we still have work to do um especially in the way of storm water I I just can't get that out of my brain right now um I I want to know more though I have a question in particular about the picture of The Pedestrian path um that's at the end of the culdesac um I I need a little bit more gravity so this is something maybe you can give me that and then I can maybe ask the uh neighbors so can you give me a little bit bit more about the scope of that if you can see the screen here Ral path ends in a CU AAC typically when a property and this property is being developed typically when we abut a culde saac uh for connectivity reasons the city would typically want us to build a street to connect through okay um we we in our initial filing did not include a street we included a pedestrian path okay uh the more that we've looked at it especially the more we've talked about storm water uh the kind of storm water flows this direction it occurs to us that probably the best thing we do is stay away from that and leave that open um and so Mr MOSI you know has pointed out he he was standing at the top of the hill looking down the hill and you know his point is you know to install a pedestrian path there you'd have to do a lot of grading and tree removal we'd also have to have a Crossing um so our we would support removing that we'll still have connectivity to the north um we'll still have hopefully connectivity to Jenkins which may be a public Street so um the site would still have and sorry to the north you would still be able to connect a to Goan uh so we think connectivity would be maintained uh would benefit the site not to have that connection and David would that be a possibility like how would that affect this particular petition if uh I think it's certainly a possibility uh we have to just check in with our subdivision folks where that requirement comes from uh we do have other connectivity to the north uh which will eventually get us out uh to some existing Network streets uh in the general area so you know that connectivity was offered as kind of a instead of a road can we potentially have a pedestrian path I don't think we looked at all the potential challenges with grade and all of that so on paper it's a idea that works and meets an ordinance requirement but as it comes down to applicability there's a lot of challenges with it uh so I think if we're weighing out the benefit of removing that to uh ensure a little bit better chance to handle storm water runoff and and less than the impacts then I think that's certainly a conversation that we'd be generally supportive of okay um and then I also heard um so right now there was there's a 27 minute one-way walk to any typ what what what's surrounding this is there anything in particular that's surrounding this particular I don't want to no I mean other than nearby school there's you know businesses over onto Monroe which isn't you know the easiest necessarily walk and and the bridal path connection really wouldn't serve a benefit again that that pedestrian connection was more to try to satisfy the intent of the ordinance on providing connectivity where existing streets uh dead end or provide a cold toac adjacent to a project uh but as far as where does it connect to there's probably not as many uses that would be uh a walk from this site but it would just provide a pedestrian connection so if folks wanted to get out and walk through the neighborhood go to uh you know walk to the school or walk to some other spots they potentially could uh but again it's it's not a a high impact pedestrian connection if we're going to categorize it in some way that map helps me is there is there like a future intended use for the space like is this something that's going to eventually be something different at some point or no there's not a Greenway plan uh or anything that's planned to go through the area that I'm aware of it was just again an offer to try to meet the subdivision ordinance intent by providing connection through a different means okay um I'm I'm I'm interested in continuing being a part of the future discussions um like I said we we we talked to this guy a lot so I feel confident that if there is a path forward where we can can resolve many of these issues you know I'm I'm there to be a conduit I'm there to help raise your concerns you know and they've been pretty good partners so you know if there's a way forward I feel like we can try to reach that and work with staff to find out so I want to give you that Assurance as the person representing you um in East Charlotte to tell you that you know I'm happy to come to the meetings if you we inevitably sounds like we will have a few more so please consider me um open to be a part of that thank you for coming today that's all I have mayor pro thank you Mr Driggs so uh I'd like to incorporate by reference my earlier remarks about storm water um I think what's alarming here is to see that torrent uh and it might be a good opportunity to clarify everybody pays in their water bill for storm water services and there is a certain definition of what the city does for that and then there's another process through which application can be made for some remedial intervention and those are reviewed and they're classified according to certain parameters as top priority A's and Bs and C's uh and in some cases water for example it doesn't reach a home in a private area and not a public road doesn't qualify so I wonder in this context if it might be helpful could we just get a memo reminding us of uh you know probably a clone from the website but just get a memo reminding us of what the basic obligation of storm water is and and then what the status is of this location in terms of potentially being scheduled for an intervention or what sometimes happens that causes this thing is there are blockages and there's a need to kind of address a cul that isn't flowing properly maybe it's something like that but I do think if storm water services could clarify for us why the current situation exists uh it would certainly be uh also important for us to make sure that it doesn't get worse sure and we can we can follow up with that information just to give you some additional context storm water when they reviewed the plans did uh suggest that they a note be added that the petitioner would agree to provide a 100-year storm water Peak control or provide a downstream analysis uh and another advisory note they suggested would be uh when construction PL would get submitted for Land Development review should the resoning be approved uh a 100 plus one storm water protection analysis basically a flood study would be required for all the street streams and Creeks on site and that would also need to be shown that the development will create no adverse impacts to adjacent properties on the other side of the creek so that's something that was an advisory notes basically saying if this resoning gets approved here the things that we're going to be looking for in permitting uh so there's a couple things that they added or requested or advised the petitioner on um that you know we'll continue to work with them on to see if we can get those included in the conditions so so my point though is what possible obligation could there be on the city to help out with this and uh and again maybe not it's complicated right in terms of of what your taxes actually pay for but we need to be very clear that we are fulfilling our commitment to the community thank you thank you Miss asmir thank you this is a challenging site um especially from the video I saw um it I have concerns I I I cannot support this in its current form um and this is I rarely say this but in in this case definitely I can support it as this uh I think neighbors have valid concerns uh and to Mr Drake's point we need to be looking at our liability are we potentially increasing our liability I mean we just had a billion dollars in couple of years ago when Mr DRS and I served on the budget and governance committee and we looked at our storm water request and we had a billion dollar in um storm water request and I I think we have to be very mindful about looking at this petition and and trying to approve it and potentially um adding more to our waiting list so I cannot support it and I will also ask my colleagues to care take a look at this and potentially denying it if there are no significant changes being made thank you thank you any additional comments move to close second all in favor of closing the public hearing raise your hands any oppose okay let's move on to agenda item number 35 petition number 20231 141 by Fifth Third Bank location approximately at Point 434 Acres located along the east side of Betty sport Road South of Holly Street and North of Weber Avenue and District Two Mr Grahams District current zoning is NC proposed zoning is CG CD staff recommends the approval of this petition upon solution of outstanding issues related to the site first we will hear from staff and then we will hear from Mr Brown and Dean ly Ard um and there are no uh voices against this petition so Mr Brown and Miss Leonard will have three minutes in aggregate Mr petton thank you uh 2023 141 uh it's just a little shy of a half acre on Bates Ford Road South of Holly Street north of Dr Weber Avenue uh it's currently zoned NC uh the requested zoning is to go to our commercial General commercial District or CG district with conditions uh the adopted Place type is to maintain that neighborhood center uh Place type uh that is supported here by the the actual zoning District we'll get into a little bit of that here in just a moment so uh the conditions that are being proposed for this project are really just twofold uh we've got all uses permitted by W and under prescribed conditions and then because this is for a potential drive-thru uh location drive-throughs as a lot of us are aware are not uh really allowed in our Activity Center districts uh they're allowed under certain conditions if the drive-thru was existing prior to uh the uh implementation or the effective date of the Udo on June 1st uh and if they are reconstructed on a site uh they have to adhere to certain design guidelines which is the second bullet that we see essentially stating that the drive-thru Lanes would not be placed between the building uh and batty Ford Road everything would be either off to the side or to the rear so essentially while the CG District isn't compatible or consistent with that neighborhood center Place type uh we have asked the petitioner to at least design the use uh in basically in the same fashion that you would uh if there was an existing drive-thru and they were tearing it down and putting up a new one uh and the reason being for that is uh as we had mentioned this is along B for Road this is a corridor of opportunity uh as part of the city corridors of opportunity program uh so there are several other policies that we are are looking at to uh have staff support for this petition we do have one outstanding issue related to site design we need to work through uh but outside of just the policy map showing this is neighborhood center and that commercial District not necessarily uh aligning with that uh the prescribed conditions that they're agreeing to uh have that to at least be designed as if it were uh in an activity Center and also the multiple uh Provisions that we pulled from some of the corridors of opportunities work uh over the last three years or so certainly support uh this type of use along this Corridor so feel like we've kind of taken the policies and the the goals of the cords of opportunity program with the design standards of the neighborhood center kind of Blended them together to get the outcome that we're we're looking for to support this petition uh so that is why staff again is supportive of it uh we do have just standing issue to work through but overall U we don't have any significant concerns while it is inconsistent with the policy map uh because of those items we just discussed about the quarters of opportunity program we we are comfortable uh providing our support for this petition so with that I'll turn it over to the petitioner and take any questions after their presentation thank you br uh mayor protim council members Colin Brown on behalf of the petitioner 53d Dean Leonard from 53d is with us tonight uh happy to report uh the neighborhood's excited about this petition if you see we had a large turnout at the community meeting uh council member Mitchell was able to join that background on this is is fif third has been working in the community for for over a year on this project they've got good support from the community it's something uh that folks want to see in their neighborhood the problem happened was this was allowed prior to June 1 on June 1's when the district changed they got kind of locked out uh so we're we're in the rezoning process to allow this to happen we've added we did make this conditional um so that we could we could include the design guide line uh that Dave mentioned but again happy to happy to report this had broad support from the community there was a nice article in QC Metro today uh talking about the neighborhood and that's really credit to Fifth Third and their team uh working closely with the neighbors uh they have made some commment that are not part of our Zoning for use of 70% of minority contractors when this building is constructed and and I know we've we we've talked about drive-throughs we've talked about concerns when they're related to fast food but this is a financial institution it is important uh to folks in the community that they have that for Safety and Security uh and I think what Fifth Third has done with their design as Dave mentioned is mitigating those concerns there's nothing between the building and the street so it's got a nice appearance and will be a good presence in the community happy to answer questions thank you Mr Brown any comments to close we have a motion to close in second Mr Mitchell thank you I I'm sorry slow the draw I I just want to say uh thank you to Fifth Third for your patience for working with us and being committed to the corridor I want to say thank you to staff because when this was brought to staff you quickly got to the point of how did we find a solution and colleagues I would tell you there are support letters Colin mentioned from dalebrook neighborhood association that I just handed out um looking forward to the vote in January but really appreciate your commitment and being in the corridor and I think this will be bank number three uh at the TD Bank JP Morgan Chase and now Fifth Third thank you thank you Mr Mitchell we have a motion and a second all in favor to close the public hearing raise your hands any oppose okay so we move on to agenda item number 36 petition number 2020-7 by 3G Investments and Development LLC approximately 79 Acres located along the east side of Park Road the south side of selwin a and north of Manning Drive in district 6 Mr Bard's District the current zoning is n one- a prop proposed zoning is mud o staff does not recommend approval of this petition in its current in its current form we will hear from Mr petton and after we hear from Mr Pon we do not we have um Mr Ferguson Russell Ferguson Sam Nicholson Dan Morrison and Michael gaze who are speaking for this petition and Steve Christian will speak against and all of the all four who are for it will have 10 minutes in Aggregate and Mr Christian propo or the excuse me the zoning currently n1a uh proposed zoning this is a 2020 petition so certainly came in before our filing deadline earlier this year so it's a a mud optional uh petition adopted Place type as we can see we've got uh neighborhood one for the majority of this side of Park and cell Wind Community Activity Center uh just on the other side of Park that really extends all the way up uh upwards towards Park Road Shopping Center uh the proposal is to allow adaptive reuse of the existing twostory single family residential structure uh permit uh uses within the mud zoning District uh with limit uh the use of the outdoor patio between the building and adjacent single family home uh to the hours of 8 and 10 limit use of all outdoor areas to the hours of 8 and 10 on Sunday through Thursday and then 8 to 11 on Friday and Saturday and days preceding federal holidays uh an allowance of up to 3,000 ft of an additional building expansion that would be at the rear of the building you see that uh in the uh shaded pink area uh would limit the height of any additional expansion uh to 40 ft which is consistent with our residential zoning uh Heights uh maintains the existing structure and pave parking as they are uh would also maintain and expand the existing patio uh at the front side of the structure uh would provide a 30-ft easement to meber County for the future Brier Creek Greenway uh expand the sidewalk along Park Road to 8 ft uh and also request some optional Provisions which would essentially to reduce parking requirements by 25% that would allow to uh have better preservation of the existing building uh allow for the existing parking to remain and screened with a wall at least 4T tall uh allow existing streetcape along cellin Avenue to remain uh and allow existing streetcape along Park Road except sidewalk would be extended to a width of 8 ft where feasible uh and then exemption from the finra requirements of section 12.5 44 of the ordinance uh that would help again to facilitate the ReUse and Rehabilitation of the existing building and then any expansions uh would meet the requirements uh and not have that fenestration reduced uh as mentioned staff does not recommend approval the petition in its current form just have some outstanding items uh that we still need to work for and get clarification on things like allow limiting allowed land uses uh clarifying or better uh defining the hours of operation and potentially changing those in certain instances uh clarifications on some site design transportation and streetcape improvements and then the park and wreck easement request uh it is inconsistent with the policy map recommendation for neighborhood one uh and at this time we'll turn it over to uh the folks speaking and we'll take any questions following their presentations thank you Mr farus thank you Madame mayor Madam mayor potim council uh Russell Ferguson I'm here speaking on behalf of the petitioner I'm joined by a representative of the petitioner who's also a neighbor I think uh less than 10 houses down the street uh I'll be the only speaker we had some time conflicts and it just so we we we do have a lot of supportive Neighbors on this um and to thank staff for continuing to work with us there is a path to get to staff supporting this uh it's a path many of you are familiar with for adaptive reuse projects and it's definitely my fault not theirs to get there uh before this hearing um but but I do think we're we're very close to doing that in the next revision uh I'm proud to stand here before you tonight with a rezoning petition to preserve a building uh which I have said before and I say again it's nice every time to stand here and talk about reusing an existing structure um so you know the preservation of this existing building really requires it to be allowed to adapt to his environment this is the corner of Park Road in San Avenue has around 30,000 car trips a day uh going by it it is it is very hight traffic scene um many of those in the audience may remember this being a seamstress uh business it is long been a commercial use uh and a residential use uh it continues at this day to be used as both an office and a residential rental um rental uh residents I think what we uh um a proposing isn't really Revelation and I think that we'll get there and I think a couple of examples from last year would be local Loaf and Nota uh would also be culture shop in in the Belmont neighborhood where very similar structures were able to find a way forth while staff is not supporting it I wanted to point out that we are meeting a large number uh five of the comprehensive goal plans and and that it fits into the context of the area uh this parcel is wedged between two Greenway projects one which is complete one which we are dedicating 30 ft to uh to help complete uh with the Brier Creek Greenway project uh and then as you can see on the right that you're looking at massive Development coming out Park Road uh even across the street from this site is actually the entrance to the greenway while it's listed as in one it's actually a wide open sidewalk uh the principal purpose of this is first off is to clarify some existing issues of the legal non-conforming uses that are in the building as we speak uh to allow it to continue to exist as residential and office use hence the uh 2040 uh 2020 uh stamp on this resoning uh this resoning does not have a plan to move forward um towards any development at this time uh but it's needed to clarify that so that it can move forward into the new world of the Udo um it allows it also allows because we're going through this process it allows it to adapt to allow additional uses within the scope of that existing building with some reasonable expansion to allow it to change over to commercial uh just to get a better idea of the context that tall map in the middle uh I think it's just appropriate in context with the existing Apartments directly to the north uh which you can see directly from the site because that is cleared out you have grocery across the store retail coffee restaurants bars and lot and lots and lots of cars uh you can see some close-ups uh that's a picture at like 4:30 on a regular afternoon uh looking out there is a bus stop directly adjacent to this property uh as I mentioned the greenway entrance across the Street and any future for this business as a commercial use would be bound to a pedestrian focused business because of its lack of parking and accessibility and I just want to kind of emphasize this I do this in all the Adaptive reuse projects we do think this with the restrictions that are in place on the conditional resoning are going to make this reasonable in the context of the area it is next to a single family home and those concerns are real and valid and we represent we recognize those and we're trying to work to get there uh little closeup on the site plan the idea would be to get the patio towards Park Road if possible it is just a very narrow site with the ride of way um there are a number of limitations on the resoning plan and more that we will be adding to limit the hours of operation certain types of use uh add more vegetative buffers uh clo including closing any operations on the side of the property facing Residential Properties uh these are the hours that we have in it right now which have differentiation between the side that is adjacent to single family which has an existing patio which is kind of a beautiful brick work patio uh and and then for the other side of the patio little context we're still working with sedon on this one of the outstanding issues uh notice the bump out and and the uh drainage to the storm water these have been a little bit challenging to work for towards and recently these are actually slightly older pictures these these sites have changed and been repaved in roughly the same exact manner by the city of Charlotte which just did redid the corner Corner exactly like that and you can see it right here uh there's an example of The Pedestrian nature of the environment with the little guy in the bike I thought was pretty cool to see him riding through there uh when we go down Park Road we're looking at expansion to full 8ft sidewalks there is a major topographical uh challenge as as the slope goes down to Brier Creek and and the sidewalk stays even with the bridge that's right there um I think we'll just pause there and hear from the other speakers and thank you thank you Mr F Ferguson Steve Christian as you come down uh Mr Christian you have 10 minutes good evening thank you for the time to speak my name is Steve Christian my family and I reside in the property adjacent to the one under consideration my family household includes my the love of my life and the mother of My Three Sons my oldest who is four years old and my two twin sons who are 2 years old my journey has taken me across the world while serving in the US Navy as an IT Radioman for SE teate in my quest for a home I deliberately chose Charlotte and this specific property as the place to Anchor my roots and build my family today I bring forth my concerns and perspectives as someone deeply invested in the well-being of this community to me the proposed rezoning of this property transcends mere zoning considerations it fundamentally pertains to the well-being and quality of life for residents in close proximity to the property in question it underscores the importance of preserving the character values and essence of our residential neighborhood presently 3G investments in developments LLC or one of its owners have purchased five out of the seven properties extending from 3915 sellin Avenue to the specific property under consideration 3941 SN Avenue the latest addition to their portfolio 3929 sellman Avenue sale was just finalized last week on December 13th this acquisition strategically surrounds my family's home on both sides prompting concerns about the ulterior motives driving 3G Investments and developments LLC and their actions the proposed site plan provided by 3G Investments and developments loc is alarming items are misplaced dimensions are misrepresented even spelling mistakes littered this plan casting doubts on the Dil and accuracy of their proposed site plan one such misrepresentation on the site plan is that the existing building on the property in question is located 60 ft away from the wooden fence that separates our two properties as indicated by the scale on the plans but in fact the existing building is less than 30 ft away from the wooden fence separating our properties equally alarming is the misrepresentation uh of the dimensions related to the area proposed for solid waste the plan depicts it as located 20 ft from the property line in actuality it is less than 3 ft from my property line the potential proximity of solid waste to my property line raises additional concerns about potential odors sanitation issues animals it attracts and their impacts on the overall quality of life for my family and my neighbors Additionally the 6ot wooden to uh 6ot tall wooden fence running from snav to the property line dividing our two properties is inaccurately located by more than 10 ft furthermore the existing patio on the property extends all the way up to the existing wood fence separating our two properties a crucial detail that seems to be overlooked in the in the presented plan the potential impact of this oversight on privacy noise pollution and the overall living experience for both my family and the neighboring properties cannot be understated inaccuracies misrepresentations omissions and discrepancies with within the plan cast Shadows of Doubt on The credibility and intentions behind this proposal how can a neighborhood and its residents trust a plan that cannot accurately represent the reality of what is being proposed adding to these concerns is the lack of clarity surrounding the proposed changes and the track record of zoning violations by the property owner 3G Investments and developments loc totaling seven code violations since July 1st of this year such uncertainties create a murky landscape leaving our community vulnerable to changes that could potentially and permanently alter the tranquility and integrity of our neighborhood moreover the proposed site plan put forth by 3G Investments and developments C is not only inconsistent with the current surrounding area residential zoning but it also raises significant concerns in regards to increased traffic congestion heighten noise pollution and most importantly the degradation of safety and well-being of our neighborhood children the Charlotte Department of Transportation estimates that there will be an additional 315 trips to this residence if rezoned to Mud optional which is an additional 8,800 120 trips monthly resulting in a staggering 1,50% increase in traffic due to the traffic uh due to the traffic visitors to the property will have to exit by turning right on Park Road in very close proximity to Park Road and selwin Avenue intersection which could impede the flow of traffic as well as obstruct the sidewalk in front of the existing Route 19 bus stop the additional trips and combination with the proposed parking lot exit could have a significant detrimental impact on one of the busiest intersections in Charlotte the propos proposed outdoor patio operating hours as outlined in the site plan along with the Charlotte City noise ordinance section 15651 for commercial establishments would allow amplifi Amplified noise emitting from the property up to 85 DB from the hours of 8:00 a.m. to 10 p.m. Sunday through th Thursday and until 11:00 p.m. on Friday and Saturday I would like to highlight that the Charlotte City noise or ordinance specifies that 85 DB is the equivalent to the sound of a running lawn mower this noise pollution would be less than 12 ft two of my arms lengths away from my children's bedrooms the proximity of my of my young children's bedrooms just 12T away from the potential noise pollution originating from a commercial establishment poses a direct threat to their well-being due to the potential sleep disruptions which could be detrimental to their health and development the patio and building proximity also introduces concerns regarding the adverse effects of secondhand smoke the combination of increased noise levels and potential exposure to secondhand smoke from patrons using the proposed establishment's patio and parking lot could have profound implications for my children's overall health and wellbeing adding to the health concerns posed by posed to my children by noise and secondhand smoke the site plan fails to address the elevation grade of the property under consideration the hill my family's home and property and the property under construction are located on provides a Clear Sight line over the existing dilapidated 6ot tall wooden fence that separates our properties this implies that customers of the proposed coffee shop bar outdoor entertainment establishment would have to would have a direct view into my family's homes and my children's bedrooms in addition to the plan use Excuse me in the addition to the plan use of the second floor of the existing home the proposed site plan allows for the expansion of the second floor as well as a patio to be constructed on the second floor of the existing home providing a clear line of sight not only into my family's home and young children's bedrooms but also into my backyard where my children regular L play these aspects raise substantial concerns for me and my family and my children's safety and wellbeing as the proposed plan would uh potentially expose them to the view of anyone frequenting this commercial establishment my concern is not just about privacy it's the risk of attracting unwarranted attention from individuals who may have malicious intentions especially when customers with more harmful motives could potentially View and Target my children such intrusions into our privacy could have lasting implications for my family's sense of security and overall quality of life for my children furthermore it's crucial to acknowledge the sentiment of my neighbors and I that we share the proposed rezoning appears to solely benefit the petitioner while many residents particularly those affected particularly those most affected Express a staunch opposition to it notably offices are situated in mere 75 ft from the property under consideration and just across Park Road Park San terce shopping center which is also located 500 ft from the property under consideration both a vibrant array of amenities including a coffee shop bar mexican and italian restaurants a deli te- shop Jamba Juice Great Clips Harris Teeter and various other retail establishments as a community resident profoundly impacted by the proposed changes I appeal to the city council to scrutinize The Proposal meticulously holding it to the highest standards of accuracy and integrity while considering the potential detrimental impact this proposed change could have on our community's overall well-being with a special emphasis on the well-being of our neighborhood children My Hope Is that city council will stand with me and my neighbors by protecting the sanctity of our neighborhood ensuring that any proposed changes are not only accurate but trustworthy and genuinely aligned with the collective best interest of our community and its residents thank you for your time thank you thank you Mr Christian Mr Ferguson you have two minutes for your rebuttal I think I'll start by acknowledging that the site plan does have typos and uh you know that that was on me as I mentioned earlier we we had a little snafu on the revision um that said these you know elements are existing elements so I'm not to the point of the scale in the site plan it's not a disingenuous effort to confuse anyone we're trying to use the existing building um we definitely have more to do to work with staff to get there and we're going to continue working on it um and I think that just one of the bigger picture policiy something that speaks to sort of Beyond this exact resoning and kind of what I mentioned earlier is that there's a way to modulate how fast change and development happens and one of those ways is to use existing buildings and to allow them to exist for longer under a different use certainly this property in this area is a very valuable residential area it could be redeveloped in a residential Direction uh the goal is to preserve this building to keep it uh this resoning is very clear it's a conditional resoning that would lock this building into this place it would be a very backward way to go about trying to do a larger scale development uh but what one of the principles uh I believe my the petitioner does own two or three houses on this on this street and one of the principles has lived on the street for very long time and and that is why uh they are all maintained as residential uh residential houses um and I guess just to speak to the traffic as I mentioned this is going to be a pedestrian Ford use if it ever does become one uh with the restrictions on this with the ability to attract a business tenant and it's unlikely in the near future to move past being an office and being a house but in order to stay in office and to stay a house and be compliant with the code of Charlotte going forward we have to accomplish something and and Mr Triggs has stepped out but this would be one petition that might benefit from what he mentioned earlier with relieving some of the pressure on getting these done quickly uh thank you very much for your time tonight and and certainly am available to to talk further about this petition thank you Mr Bari thank you um Mr Pon I'm GNA start with you and then Mr Ferguson I'll come to you next so this is I gotta say before the the uh opposition got to speak I was going to say this was one of the more confusing rezonings that have come before me in six years after that certainly I I feel like this is number one now so maybe you can help me sort through this because this is the first I'm seeing this right now today um so this is n1a now correct before I go to the petitioners agent to ask some specific questions there is commercial activity going on in this building today uh that would probably be a good question to is allowed to uh if it was so under n1a if you have an existing nonresidential use on a corner lot in neighborhood one you can maintain and continue that uh now it sounds like that may have not been a continuous use or may not be fully uh been a full legal non-conformity uh so that's where the gray area kind of is which is I think why the resoning is being pursued uh but the N1 District does allow under certain conditions I don't know if these conditions have been met because it doesn't sound like it's been an continual operation when the ud came can I can I address that um when I was on Council there was an actual business operating out of there it was trucks in the backyard all the time coming in and out and so um we had a code inspection pro I can't remember Pat MCC not pat mccy pat um that was running housing was he Pat Mumford thank you um we had a review of it in code enforcement and then it went residential the house was renovated and painted and it served as a residential unit it does not have the trucks and the things in the backyard that used to operate out of it so I I drive through there all the time it's one of my ways to get home and I have not seen business in there um and since we had the code violation yep it's got even more complex thank you well I'm glad to add to the complexity of anything that's great I enjoyed that okay so uh so we'll get I guess for you adaptive reuse so that it's been tossed around a bit is that when you think I like it doesn't feel like adaptive reuse like the way we normally use it of like really old building preserve it it's more like Residential Building don't let it become a commercial building and knock down do you have any perspective on that just at a gut reaction right now uh no real gut reaction I mean we see it particularly when it's more of a single family structure we see those a lot of times convert to small offices tax office real estate office things like that uh we we've seen them convert to uh other uses but typically when you see residences convert to a non-residential use it's more of that office you know smaller kind of Scale based so so it and then finally before I move to Mr Ferguson if there was not continuous commercial use in the site which we'll find that out what do that how does that what bearing does that put on where we are right now uh n much on the rezoning side because what they're doing is requesting a zoning that would allow it to operate in a fashion that maybe it had in the past prior to any code violations so this would essentially kind of start us from scratch and say okay now the district allows all these other uses outside of just a single family home U so basically just a precedent or not a precedent to maybe point two as we make another decision the bottom line is we look at this map it's n1a completely surrounding it and we're going to make a decision should it or shouldn't be yeah okay so Mr Ferguson uh what is there a is there an existing commercial use today uh there is a small scale office use going on and it is continuous going back to when I was at AG I mean it it was operated as a retail seamer shop it was operated with something prior to clients acquiring it was operated a higher scale and and that has been scaled down and we began this in 2020 in part derived from the the situation because dealing with legal non-conforming uses in Charlotte can be challenging dealing with it in the midst of a change from code is is more confusing so there is a commercial use there today uh there a part of the building was built for commercial use attached to the residential unit that is a is is there a commercial use today it's an office it's office it's an office just a private office so it's been scaled down to not being you know not being as but I mean there are it is essentially if you would had a white color office where people clients can come in okay so do you have a game plan for what this is going to be uh as sort of referenced in the in the presentation is the main game plan is to alleviate this confusion so that it can continue to exist as a as a residence and an office only elevated the confusion there is not there is not a the purpose of going through this is very hard to have economic viability for a building to exist if it cannot um change to adapt to what it what it wants to be and I know you mentioned that it's surrounded by N1 but directly across the street is a giant office complex listen this real close to where I live in the community every day so what's across the street is a very very different thing than what's on that side of the street I think we can all agree there but but I where where I'm struggling right now is I I see the angle you're trying to portray here listen I'm nine times out of 10 benefit of the doubt to the petitioner until otherwise you the argument you're making seems flawed because an Adaptive reuse and maintaining and giving Clarity to the thing that maybe or maybe doesn't exist which is commercial versus residential I think is that's the problem right now so you're trying to lock in commercial for something that I don't think everyone fully believes or or knows is commercial a commercial use well I mean I think the commercial use of it's pretty established I I don't I mean I would to get into the Weeds on that but it's n1a as we just discussed and surrounded by which everyone would say unless there was some kind of precedent right I believe the commercial use of it goes before the old code it has been been used in that manner is my understanding of it so like it's a legal non-conforming use going back for 30 something years so I I mean I don't know you're trying to argue that this should have a commercial use going forward right yes we are petitioning to allow in the open broadly saying to allow it to but you're not able to tell us what that commercial use could be there is not a tenant to come in and do the commercial use because the resoning was required we're seeking the ability to do it it's very it's a speculative resoning if you will I suppose I mean if that's what your definition is but it's definitely it's not possible to do chicken egg thing we've done speculative rezonings here for various reasons always highly uncomfortable for me but sometimes we get behind them the point is if you're doing this in an area right next to neighbors and you you you don't have a plan the whole conditional points of are irrelevant because you're saying well whatever we're going to do we're going to do it could be a bar it could be an archery facility for all we know right so I don't fully buy that let me ask one more question and I'll be done here uh do is what he said accurate that you've bought up Parcels of land your your clients bought up Parcels of land throughout that area uh my client's lived on the street for for 30 years uh he has acquired property residential residen is that he has renovated and then some sold I believe and some R is there a broader strategy at play right now with these properties or it's just no and as I mentioned it by locking in a conditional resoning requiring the existence of the building and requiring a rezoning of this parcel which is what we are proposing is locking this building into exactly this footprint allowing it to be used adaptively in other ways but that would require resoning to do anything it would be the wrong direction to go the struggle I have with that is you're locking it in for commercial use versus before it would continue to move forward in residen we are actually it would be allowed to retain it character as a residential use as well we're asking I hear the argument it's not really convincing me right now it is currently leased to a residential tenant that is the use right now in addition to the office so over the next 30 days again first time I'm seeing it so I'll drop into the details Dave I need to rely on you to help unpack this for me and figure out what's going on but I I mean knowing this spot in general as as a residential part that does not really give me any precedent from what's Happening across the street hearing what we've just heard from a neighbor and just having such vagueness of this doesn't seem right and unless something drastically changes in my understanding of it I I'll be opposing it so but I'll give it the benefit of the doubt over the next couple weeks and we will be working hard to provide Clarity on that I can't wait thank you Mr barari Miss Johnson thank you um and and I guess we can talk offline Dave but this reminds me of a petition that um some of the council supported before in Nota and it was very very close to a residential home um and I think it was going to be zoned for maybe a bar or something like that and I wanted to know what the difference is I know that that was prior to the UT Udo but it feels the same we have similar context where we've got an existing neighborhood that might have a a restaurant or some kind of commercial use adjacent to it uh we've done a few you know over the last year or so that I can think of some of the differences in those were they were some of them were used already for a restaurant they were looking to maybe get some expansion or get some clarity to uh address some things that they needed to that they couldn't unless the zoning of their property changed uh in those instances we focused a lot on hours of operation outdoor uh existence of any outdoor U you know dining or outdoor entertainment uh where those would be located we typically wanted those away from the residential component that might be adjacent so we have seen examples where these kind of uses can coexist but we just haven't seen enough on this particular one to to feel like we're at that spot which is why our recommendation is what it is uh and we'll continue to work with everybody to see what kinds of things might be able to be baked in to get addressed uh on this plan and determine where we might end up once we see some changes and and now that we've heard uh some comments from Mr Christian as well just make sure that a lot of those concerns if they can be addressed how uh and if not we'll just have to work together to see what the solutions may be and and if there's potential for us to you know look at this in a different way but it's going to take a little bit of of continued work and I know the city is growing and changing but I think we as a council and as a city really need to look at the policies when it's this close to residential home I I think that Mr Christian brought up some great points as far as being able to see his children and in the children's room and the secondhand smoke and the music and the quality of life so I just think if if we are making changes in the Udo maybe there are these transitional you know boundaries but we have to be just very careful even in the the Nota we heard the same arguments and we just have to as a council be consistent and and just recognize where our priorities are as well every every U parcel is not for every use so thank you yeah thank you thank you any additional comments Miss watlington can you please send us your comments thanks any additional comments do I have a motion to close the public hearing so Mo second okay we have a motion in a second all those in favor please raise your hands any oppos excellent we'll move on to agenda item number 37 petition 2021-topcon Road South South of Westinghouse Boulevard and north of blue Railway in District 3 Miss Browns District the current zoning is ml1 ml2 and N1 B the proposed zoning is I2 staff recommends approval of this petition upon resolution of outstanding issues related to the site and building design so we will from staff on this and we have two speakers who are for this Keith mcvan and David veronin we have no speakers who are against it so Mr mcvan and Mr veronin will have three minutes in aggregate thank you good evening petion 20218 five is approximately 5.86 Acres look at on the east side of China Grove Church Road South of Westinghouse Boulevard and north of a blue Railway the current zoning is primarily ml1 there's a the Triangular area to the north is ml2 the um yellow shaded area to the South is n1b proposed zoning is I2 CD 2040 policy map recommends manufacturing and logistics for the majority of site um n one for the uh Southern portion The Proposal is for all uses in the I2 zoning District including specifically outdoor storage Trucking Company Trucking operations truck and trailer repair and maintenance Trucking Logistics and office uses storage of trailers and trucks uh floor area ratio would be limited to 0.8 allows for up to seven principal buildings in addition to accessory buildings and structures maintains the existing three driveways from China Grove Church Road commits to implementing 8ot planning strip and 5ft sidewalk along China Grove Church Road except to where it conflicts with the existing off street parking establishes a 30-ft setback along China Grove Church roow Road and also provides a 91t class a buffer along uh portion of the site southern boundary as you can see in green the petition would resolve a zoning violation while improving the current conditions it is consistent for the majority of the site a small portion um the southern uh end is inconsistent staff recommends approval of the position upon resolution of outstanding issues related to site and building design and I'll be happy to take any questions after the petitioner presentation thank you Mr mcain thank you mayor protm good evening mayor protm members of council members of zoning committee Keith mcain with Mo Van Allen assistant Raven Property Group uh David Veron and the petition was is was unable to attend tonight's meeting but we'll be available to answer questions if if any come up uh as Joe mentioned a site just located uh south of Westinghouse Boulevard and to the west of South Boulevard currently majority of the site zoned ml1 a small portion ml2 and a and even and then a small portion also and 1B uh this site has been the the site of Midway Trucking is the current uh tened on the property it's also owned by the petitioner Raven property group they've been on operation here since 2014 the buildings at the at the front of the site have been on the site since 1979 uh what has occurred as Joe mentioned there is an existing zoning violation on the site as a trucking company has become more successful and has grown the area of the site that has that was used has been used or is being used for the parking of trucks and trailers when they're not on the road has grown to the point where it's no longer an accessory use and be has become a principal use not allowed in the i1 zoning District or the ml1 zoning District so that's the reason for the zoning change the area of the site that is being reson from the n1b is actually being zoned to i1 to meet a buffer requirement so that area will not be used for for for Trucking parking purposes but really to meet the the buffer requirements of the M of the I2 zoning District the trucking and storage is is to the rear of the existing building no changes would occur along China Grove CH gr Church Grove as other than landscaping and sidewalk to meet ordinance standards we will work with Joe and and staff to address the remaining s plan issues enumerated in the staff analysis we're happy to answer questions thank you any questions to close second okay we have the they're going to fix the um Mr MC you said you m brown would you like to be recognized I'm sorry would you like to make a statement m brown you have the floor thank you so much apologize for that Mr may I want to say you said you're going to work with the staff to get the Zone violation corrected yes ma'am this said it was approved first step in that process okay all right um okay that's all I have thank you okay any additional questions we had a motion and a second to close the public hearing all in favor please raise your hand any oppose okay that's unanimous we'll move on to agenda item number 38 petition number 2022 D16 by carel Hills Inc the location is approximately 14.46 Acres located along the southeast side of Carmel Road West of Colony Road and East of Morland Farm Road in district 6 Mr Bard's District the current zoning is in 1A the prop proposed zoning is in NST CD staff recommends approval of this petition upon resolution of outstanding issues related to transportations we do not have we have one speaker um who would like to address um this petition in the affirmative so we will hear from Staff first and then Mr Walter feels if you would come down to the podium and you will have three minutes in aggregate after staff thank you petition 2022 116 is located along the southeast side of Carmel Road West of Colony Road and East of Morehead Farms Road the site is approximately 14.46 acres in size and currently developed with assisted excuse me an independent living senior facility it's currently zoned in 1A neighborhood one District proposed zoning in institutional CD a conditional Legacy District the 2040 policy map recommends campus Place type for the site the institutional CD district is consistent with the campus Place type um some background on June 27th um 2023 the Charlotte zoning Board of adjustment granted several variances to correct some setback issues um you dating from you the original development of the property decades ago um to bring the site into compliance prior to moving forward with this resoning request proposed development calls for the development of assisted and independent living facilities and related accessory uses a new wing of the main building containing up to 12,000 Square ft up to 13 new Cottage units on the property the relocation and addition of surface parking um there's architectural and Landscaping standards that are in keeping with the existing development this um and the residential uh setting of the area transportation improvements include utilizing the two existing driveways along caramel Road for vehicular access and dedication of additional ralway along Carmel Road um there are four outstanding issues related to Transportation noted on staff analysis but one has already been addressed um due to the removal of a parcel along Colony Road the remaining issues include uh relocating the future back at curb and get her along Carmel Road installing 6ft sidewalk 8ft planning strip a commitment to constru a buffered bicycle facility along Carmel Road to meet the adopted bikes policy a conditional note specifying that Transportation improvements will be completed prior to the First Co or to give a detailed um phasing plan staff recommends approval of the petition upon resolution the outstanding issues related to Transportation as the petition is consistent with the campus Place type and the institutional zoning would better align with the policy map while the development is in keeping with the residential character of the area having you take any question questions following Mr Fields presentation thank you Mr Fields you have three minutes mayor protim and members of council and members of zoning committee I'm Walter Fields representing Carmel Hills a community which was approved originally by the board of County Commissioners um in the early 70s and has been on this site since then um this is a resoning to the institutional District which is required to expand the uses on the property that have been there nearly 50 years um as ma said um some additional cottages on the site an additional wing on the main building up front for assisted living and then just some relocation of other features on the property if we can get my presentation up on the screen up there um and maybe stop the clock until it is I'll go ahead and address the couple of concerns that um were mentioned the the four outstanding Transportation issues the the last one is a note that I simply failed to include it's a boiler plate note that goes on all zoning that's not an issue issue um all the references as Max said to Colony Road have been removed U but there's two issues and what I wanted to be able to show you in this PowerPoint presentation was a streetcape um along Carmel Road um it is a if you've been by the site you weren't looking for it you didn't even know it was there um it's it's well established with trees and vegetation coming all the way down to the sidewalk and a couple of issues that are of concern to us uh one is that seot is requesting that we can construct a bike lane on Carmel Road um I looked in every source that I are reasonably accessible to the public and I can't find any plans for any other efforts to construct a bike lane um on caramel road that would require removing a whole lot of the vegetation on the front of the site taking down trees and order to replant trees that just didn't seem very productive and that was the biggest issue in our in our most recent fullscale community meeting a couple of community leaders are here um and they are in support of our rezoning um but they're also in support of maintaining the streetcape interestingly enough the city has a a sidewalk project directly adjacent to our site and again I had a slide that showed how it actually crossed over onto our property we're simply proposing to extend there it is to extend the project that the city was already constructing there's the streetcape a vertical shot looking down caramel road is uh in the upper portion of the site um this is the difference in the streetcape that's there today um in the upper illustration and what would be remaining um if we simply went through and tore out everything that's already there and then replanted trees and built the sidewalk back the city's project is directly jent to our side in fact in that image that you see the right hand end of that um is over on the caramel Hills property um and what it proposes that red line as our Corner what it proposes is a extension of a 7ft sidewalk walk at the back of the curb this is what the city is constructing not only adjacent to our site but actually over onto our site we think that probably is the best way to proceed uh to can I have a little bit of time since I didn't have my images up there unfortunately Mr Fields have additional time however if there are any questions for you um you can answer them Mr B can I just specifically uh pose to staff and then Mr Fields if need to um is there is there any reason to believe that se do and staff cannot over the next couple of weeks come together with the petitioner in the neighborhood groups to see the potential for this buffer need he's talking about or what is it the streetcape Mr Fields go ahead sorry if you want to clarify that big specific takeaway which is I think is the main takeaway right now right yes the the main concern of the community and and of Carmel Hills is to be able to preserve as much of the existing streetcape as possible um and a city project that actually is on our site is what we propose to extend down our entire Frontage only then will the city when it comes back to do major planning on Carmel Road then they'll know whether they're going to have a bike lane there whether there's any need to take the trees down so on and so forth we think they requests and they are requests not requirements are just a little premature so okay so that's the main takeaway right now that's left un addressed to the community as well as staff on both sides is not in a full alignment with the community is in support of our position to maintain the streetcape as best as staff who has not who has not finalized the ability to do that or not right that's correct that remains the the two comments in the C dot section and we have to have that resolved by Thursday is is there any reason to believe that we could not find some kind of conclusion with C do and broader staff on this streetcape capability or is it a non-starter like right now and we know it or is it something we can work offline on I would defer to C dot I think uh J Carpenter will see that the uh the bike lane issue we can work through because that involves moving the curb and that's about a bigger uh bike connectivity piece uh the sidewalk issue is a uh significant concern it is ordinance and um there's substandard sidewalk across the entire front edge as as well as no planning strip uh and so both of those would meet the requ requirements for uh improving the street scape so um right now there's 4-ft Backle curb sidewalk and requirements would go to 8ft planning strip and 6ot sidewalk and so there is a little bit of impact on some of the trees and uh existing uh vegetation uh but it's you know it's a pedestrian safety uh concern and part of our standards for the whole uh pedestrian Network in the city so there is there is with our policy that we've just adopted no real wiggle room on we we have some adjustment um to streetcape for uh for instance Heritage trees or things like that so uh at this point we don't have um any information on you know a tree survey or things like that to be able to work through those um and so uh the way we've handled it in the past is to have a commitment to do the streetcape and when it comes time for the engineering documents um that can be Revisited if there needs to be adjustments made got it if if so if you guys wouldn't mind just take a a quicker Glimpse at it now and see if there's anything you can deduce that we can have this conversation and then we'll offline work it as best we can over the next month absolutely thank you okay that's it for me thanks great any other comments CL take it I have a a motion in a second to close public hearing all in favor raise hands any oppose that's unanimous we'll move on to agenda item than you very much and happy holidays to everybody we'll move on to agenda item number 39 petition number 2023 118 by the city of charlot the location is approximately 38 acres located north of the intersection of wilon Boulevard and Little Rock Road West of Stafford Drive and east of Barry Drive in District 3 Miss Browns District the current zoning Is ml2 AO and ml1 a and Doo the proposed zoning is r a a Ando staff recommends approval of this petition we have one person to speak in the affirmative Mr Stewart hair if you would come down to the podium you have 3 minutes after staff provides their present presentation thank you 2023-the of Wilkinson Boulevard and Little Rock Road just north of Charlotte Douglas Airport the current zoning is a mix of ml1 and ml2 the entirety of the site is with within the airport noise disclosure overlay requested zoning is regional activity center with the airport for overlay carrying forward the 2040 policy map calls for regional activity center for the the vast majority of the site as you see in Blue uh small area is uh recommended for Innovation mixed use Place type uh staff recommends approval I'll be happy to take any questions following Mr ha's presentation Mr hair thank you good evening uh mayor protm council uh zoning committee and staff thank you for the chance to be here this evening uh we have no presentation uh I am here uh purely to help answer any questions that y'all may have thank you Miss Brown yes I just have one question I it says right here that um inconsistent with the in Innovation mixed use of a small portion of the site what does that mean so if we could go back to the policy map there we go so the the area in blue is recommended for regional activ Center Place type which the request for regional Activity Center zoning is is consistent the small area in white uh to the right of the screen is recommended for Innovation mixed use Place type so that small portion is inconsistent whereas the remainder is consistent okay thank you for explaining that to okay Mr DRS Mr ha we appreciate the airport uh and I just wanted to say I think on behalf of all us happy holidays to you please take the message back thank you thank you absolutely any additional questions Mo to close second second okay I have a motion and a second to close public hearing all in favor raise hands any oppose all right that's unanimous we'll move on to agenda item number 40 petition number 2023 012 by Pope and L Enterprises Inc the location is 20.4 4 Acres located in three development areas Development Area a includes 16.01 acres and is located south of yorkmont Road and West of price Lane development areas B and sea total 4.43 acres and are located north of tiola Road and south of national a in District three Miss Brown's District the current zoning is mud o the proposed zoning is mud OA staff recommends approval of this petition upon resolution of outstanding issues related to transportation we have two speakers Richard Jersey and Matt Langston in the affirmative you guys will have two minutes in aggregate after staff's presentation thank you petition approximately 20.4 Acres located in three different development areas uh highlighted in yellow Development Area a uh is on yorkmont road includes 16 Acres development areas B and C are 4.43 Acres uh located along Tyvola Road this is part of the city park development current zoning is mud optional proposed zoning is uh a site plan amendment to that mud o zoning 2040 policy map recommends Community Activity Center uh for areas B and C in blue um and neighborhood one place type for the area in yellow on yorkmont road so the larger uh City Park rezoning took place in 2007 this reone in is calling for uh in resoning area a 220 town home condominium or single family units hotel rooms 60,000 squ ft of retail in resoning area B 30,000 ft of retail 150 hotel rooms another 30,000 ft of retail that it could include convenience store restaurant or an ed rezoning area C includes 15,000 sare ft of retail including convenience store restaurant Ed or office as well as 100,000 ft of storage petitioners is committing to the following Transportation improvements reignment of yorkmont road for a potential extension by others to spear Boulevard and Billy Graham Parkway construction of a roundabout at York Mount Mt Road and spear Boulevard uh installation of a traffic signal at Tyvola Road and spear Boulevard as well as crosswalk improvements at thaa Road City Park Drive Tyvola Road and South Trion Street and tyol Road and North Falls Drive uh the portion of the site um as I mentioned um is consistent development areas B and C with the community Activity Center Place typ recommended um the northeastern portion along yorkmont road is inconsistent however the rezoning would allow for um a mixture of uses and a reallocation of uses from the larger City Park rezoning um from many years ago staff recommends approval uh Pawn resolution of outstanding issues related to transportation and I'll take any questions after Mr lon's uh presentation thank you Mr Langston you have three minutes thank you mayor protim members of the council good evening uh I'm here with uh Matt Langston landworks Design Group Richard Jersey is here with Pope and land Enterprises they're the petitioner um Joe's covered it pretty well we've worked with Pope and land since 2014 on uh development of city park as Joe mentioned the rezoning was a um 2007 rezoning which contemplated a totally different economy and so we've had to come back with some site plan amendments from time to time to make adjustments to the plan these are the last three segments of the um land plan and so we're here to answer any questions you may have thank you any questions if not do I have close thank you thank you I have a motion in a second to close public hearing all in favor raise hands any oppose that's unanimous we'll move on to agenda item number 41 2023-24 Acres Bound by the south side of Abbey Place east side of Park Road West Side of hedgemore drive and north side of Mockingbird Lane in district 6 Mr Bard's District the current zoning is mud o proposed zoning is mud OA staff recommends approval of this petition upon resolution of outstanding issues related to transportation and urban forestry we have one person Mr Brown we'll have 3 minutes after staff's presentation thank you position 2023 045 is bound by South Side of ABY Place east side of Park Road and West Side of hedgemore drive and the north side of mockingbir lane side is approximately 10.6 acres and is currently developed office retail institutional and residential site is currently zon mud optional uh mixed juice Urban Design District optional uh the proposed zoning is mud OA mixed use development District optional site plan Amendment the 2040 policy map recommends the community Activity Center uh Place type the MUD district is consistent with the CAC Place type little background the site was rezoned in 2016 to allow for 600,000 ft of commercial use including a minimum of 5,000 square ft maximum of 35,000 ft of ground floor retail and 450 multif family dwelling units in five development areas site plan Amendment calls for an increase in the number of residential units from 450 to 550 uh but the building Footprints will remain the same staff recommends approval of petition upon resolution of outstanding issues related to Transportation urban forestry just a couple minor issues uh the site plan needs to show the and dimension the future back of curbs from the center line tree surveys required um missing Street trees along hedgemore Drive Mocking Bird Lane and Abbey Place happy to take any questions following Mr Brown's presentation thank you Mr Brown also here from grub uh this is really kind of the coming to fruition of a large project we actually worked with grub team on the zoning 2015 for this entire block uh here we are almost 10 10 years later it's come to fruition and Grub is ready to add really the last piece uh the reason for this ending tonight is really a change in the PE way people live in the last 10 years um on the site as Max mentioned we'd have the same building footprint uh but we're asking for additional units uh the reason is people it used to be people wanted twos and threes but the young professionals that are living here want to live in this urban area want to have their own space many work from home um so there's not necessarily an increase in people living there but more individual units happy to answer any questions thank you Mr Brown any questions close second I have a motion in second to close public hearing all in favor raise hands any oppose that is unanimous we move on to agenda item number 42 petition number 2023 d 76 by Discovery development Inc the location is approximately 4.5 Acres located along the east side of old States full Road South of I 485 in the etj with uh the boc in um district one miss Pal's district and closest to the city council District Number Four Miss Johnson's District the current zoning is in in 1B the proposed zoning is in 2 C staff recommends this petition and sta after staff's presentation Mr Fox will have three minutes for his presentation thank you this site is 4 and a half acres along the east side of Old Statesville Road just south of i485 and it is currently outside city limits as you said a number of the parcels in this vicinity are vacant with the nearest development being the apartments along this the sites East side the site is currently zoned neighborhood 1B and they're requesting to go to Neighborhood 2 C which is consistent with the 2040 policy M's recommendation for neighborhood 2 in this area this is a conventional petition so there is no Associated site plan staff recommends approval of this petition given the consistency with the policy map and how the petition will align with the adjacent ur2 apartment development as well as the plan development uh planed apartment and mixed use development that's across from this zoning site and I'll take any questions following the petitioner presentation thank you Mr Fox uh good evening mayor proam members of council members of the zoning committee happy to be here on behalf of the petitioner uh Discovery uh development Incorporated this is a conventional resoning request relating to a uh the current zoning being an N1 um a I'm n1b to a um uh n2c uh we did hold the required community meeting with regards to this petition uh there was no one who attended therefore there was no opposition expressed uh to this uh proposed use uh this site as you know is is is south of 485 and um in Old St for road is currently a vacant tract of land 4. acre tract of land there's ideal for the proposed and intended use uh for a child care facility uh The The J Adent uses I'll go back the adjacent uses to this property include a lot of multif family development um that is um in the area um you can see that there's mud CD ur2 as well as osc uh with regards to its track there's N1 B to the South and the current zoning being n1b will be if this is approved and into uh see use uh as I mentioned the community meeting was held there were no potential uses and I will at this point wish you a happy holiday and yield some time back to you for this long evening good to see everyone amen thank you Mr Fox any questions Miss Johnson thank you um one of the things that the city staff member and I'm sorry I don't remember your name what's your name Holly Kramer I'm sorry Holly Kramer thank you okay M Kramer um you mentioned that this is is close to a multifam complex and in the petition I see uh a petition near hux road is that the closest development is is this near hux Road Mr Fox I can't say I don't I don't know not it's certainly not directly adjacent but there is that multif family development just to the east that you can see on this aerial image here and there was also um an approved apartment complex I think with some mixed uses on the other side of Old Statesville Road that hasn't been built out yet right and we have quite a bit of development that's pending that's in that area and we already hear from residents I've heard from residents since 2019 about trying to get off H hu Road in onto Old Statesville so this is one of those and there's a there's a light that's um it's a part of a future development I know we're working with I think Norfolk sou but these are the kind of um effects if you will that the neighbors feel when the city's continuing to grow and we have to make sure these infrastructure items are addressed I also have a question there's comments from Charlotte water Miss Kramer um and it says can you just explain to me what that means I don't know if there's someone here from Charlotte water it say Charlotte water currently does not have seore system accessible for the resoning boundary under review yes so it's currently not built out to the site that's something that would um be looked further into during the permitting stage of the process so Charlotte water especially when these are conventional petitions they provide advisory comments and they say what uh where the lowest or closest water system and sewer systems are in relation to the site so if this were approved it would be further looked at by Charlotte water and they would assess how uh utilities could be extended to the site so currently it says that there's no sewer system accessible at this site so the process will be for us to approve con conventional not knowing the details and then Charlotte water would do the the work to require the infrastructure yes so at this time it being conventional we we don't have an exact unit count um or proposed development but Charlotte water would look into it further and assess their capacity for this area in permitting generally um secondly there's a transportation summary and it also talks about a CTR would be required during the permitting if the site generates site trips over the ordinance threshold so it in reading this it doesn't feel like we have the infrastructure to really support any more growth in that area so the comprehensive Transportation review is something that would be triggered in the permitting process because we don't have unit counts right now it'd be impossible to say whether the CTR um it's not necessary right now because it is conventional but it would come into play during the permitting part of the process and the CTR would specify any um improvements that the developer would need to make to the area for the multimodal mitigation point system okay as I stated the hux Road um area residents are already and I can for my colleagues emails they're sitting at this light for 20 minutes um we we have some comments from Charlotte water and also Charlotte Transportation is there a reason that this was filed as conventional and not as a conditional so we didn't see the need for a conditional resoning here given the consistency with the policy map and given that it's recommending or calling for n2c um and the surrounding development is just not incompatible with what's already on the ground there so we believe that a conventional resoning was appropriate in this case and I did just do the measurements I apologize it is about 7even of a mile away from hux Road okay we can talk offline I'll talk with you all right okay thank you that's all I have thank you motion close second okay I have a motion in a second to close public hearing all in favor raise hands and oppose that's unanimous and just as a reminder some of my colleagues who are not currently at the day if they're here at the beginning of the meeting and they they leave their day they are an affirmative vote which is why we say it's unanimous unless there's opposition we'll move on to agenda item number 43 petition number 2023 83 by Nicole frambach the location is approximately 4 Acres located on the west side of Mayfair Avenue south of Seymour drive and north of Markland Drive in District 3 Miss Brown's District the current zoning is in 1 C the proposed zoning is in 2B staff recommends approval of this position petition and after staff's presentation miss frak you will have three minutes thank you all right thank you mayor protm 2023 083 it's point 4 Acres on Mayfair Avenue uh it is just south of Seymour drive and north of Markland Drive uh I'm going to jump to the zoning map here uh you can see this petition has two Parcels that are kind of sandwiched in between two existing n2b zoned properties uh also what you can't quite see on this uh zoning map here is one of the buildings uh is actually split in half by a zoning District so part of a building zoned N1 part of it zoned N2 to uh so we've got some general cleanup that we're taking care of through this resoning petition to uh create two Parcels with the same zoning as the adjacent Parcels for n2b that will correct uh some of the challenges or any kind of zoning complications with the existing building and it also allow for some compatible development uh to occur you know in a moderate scale between uh these two Parcels that otherwise really wouldn't be able to be developed with any real compatible uses other than uh some sing family or duplex or Triplex so this cleans up a couple of items uh like I said with the zoning being between the building and then just making just for a uniform uh kind of block pattern here between these two n2b existing existing Zone Parcels policy map does call for neighborhood one uh we did talk about this uh pretty substantially with our long range team and felt that the neighborhood 2 uh Place type wouldn't be inappropriate here particularly given that we've got n2b like I said both North and south of this property uh so we didn't have any significant concerns there really weren't any potential conditions that we could uh consider we've got hype protections built in to the neighborhood 2 District when it's against neighborhood one uh there would be any screening requirements would kick in through the ordinance it's a small enough site where we wouldn't see significant Transportation impact so uh those are some of the reasons that we chose to go with a conventional petition in this instance uh so with that we do recommend approval the petition uh we did mention it inconsistent with the policy map but I do feel like it's an appropriate location for the n2b particularly given uh the same zoning both north and south of this property uh so with that we'll turn it over to the petitioner and we'll take any questions you may have following our presentation thank you Miss FR good evening and happy holidays mayor protm council staff thank you for allowing me to speak this evening just want to say I'm Nicole frach I'm the petitioner I think that staff did a great job of outlining this it's pretty straightforward a split zoning we did have a neighborhood meeting we had no attendees so feel as though we don't have any contention against us and I'm here to answer questions if you have any thank you any questions Miss Brown when did you have your neighborhood meeting uh it was the that I don't remember November 15th or 17th somewhere sorry I don't remember the exact date will you be able to get that information to me sure okay yeah it was um look like it was held on November 16th uh 600 p.m. West Boulevard Library uh and yeah no no attendance on the community meeting report but I'll be happy to F forward the community meeting report to you as well okay and I also see that the petition is inconsistent with the 20140 policy with Matt would you stated that yes yeah we we had mentioned it was inconsistent uh the place type does call for neighborhood one uh again we did work with our long range team on this one uh to really talk through it because it is a little bit of an outlier piece but essentially the policy map doesn't also reflect the existing zoning of you know the parcel that's here and the parcel that's here where uh really they probably could be reflected as neighborhood too uh on the place type map given what's existing uh so having this turn to an orange color uh will likely look at these two Parcels as well when we go through the area planning process when that's completed to see if there's any additional changes to the map but uh didn't feel like the inconsistency was uh concerned enough to uh not be supportive of the request and my last question is did you have any members of council to show up uh to the neighborhood meeting yes uh no no one showed up at all that's all the questions that I have okay any additional questions um just for clarification Molina thank you um mayor protim I just um so just for the uh Public's knowledge so we have or maybe this is better suited for you David so we we've missed the opportunity to engage the public in this um we can if there was a concern we could always at any point you know involve the community and you know the council member you would have that you know bandwidth to do that if there was something that you saw that you know you were interested in you know raising the concern for the public but from the petition I guess uh Milestone concern do you know can you kind of clarify the opportunities where we have for the public the commune meeting was was posted and and not the neighbors were noticed of it uh like I said that was held on November 16th uh there were no attendees uh so that official community meeting that that needs to be noticed and and held uh was satisfied you know if they want to have some followup or if you want to uh recommend there if there are any other neighborhood leaders in the area that you'd like the petitioner to reach out to I think that's always uh a welcome suggestion just to make sure that they don't have any uh other items that they may want to uh either address or they just want questions answered uh so the the official commune meeting was held but that doesn't preclude any other follow-up conversations or any other uh Outreach that you'd like the petitioner to maybe consider a take on between now and and time of decision okay that's all I have uh May Pro motion to close second second okay I have a motion in a second to close public hearing all in favor raise hands any oppose that is unanimous we go to agenda item number 44 petition number 20238 4 by claen properties the location is approximately 1. 682 Acres located alongside along the west side of hathorne Lane North north of central Lane and east of Louise Avenue in District One my district the current zoning is ml2 and mud CD the proposed zoning is to NC staff recommends this petition and we have four uh community members who have signed up to speak in the affirmative of this uh Mr mcvan John beill herb Coleman in Hugh CLE you all will have three minutes in aggregate after staff's presentation thank You' thank you this site is under 2 Acres located along Hawthorne Lane and also this is going to be the site of the planned phase three of the Gold Line this area is between the Belmont and Plaza Midwood neighborhoods the site is largely zoned ml2 with a portion of it zoned mud conditional mixed use development District conditional that's from a 2013 resoning that entitled The adjacent apartment complex and the requested zoning district is to NC Transit oriented development Neighborhood Center which is consistent with um the neighborhood center adopted Place type for the area this is a conventional petition so there is no Associated site plan the site is within a half mile of the gold Line's existing Sunnyside station and will be directly along the Gold Line once the next phase is constructed this site in general area is transitioning away from manufacturing and Logistics uses and zoning and this petition would bring the site in alignment with the policy map staff recommends approval of this petition I'll take any questions following the petitioner's presentation in thank you Mr mcvan uh good evening again mayor Pro members of council members zoning committee Keith mcvan with Mor Van Allen assisting clack and properties as you mentioned Hugh shidle and Herb colan herb colan and John B are are here and available to answer questions Holly's done a great job explaining the location in the site we did meet with the Belmont land use committee and went to the Belmont neighborhood uh monthly meeting at the beginning of the month I had about 20 people attend they did take a vote at the end of the meeting and voted to support the petition and they have sent us a letter supporting the request we're happy to answer questions thank you Mr mcain any questions I will just add a comment that I have spoken with Mr Vain about this particular petition and I am fully aware that Belmont supports the petition uh and and has been Pro properly um scrubbed into the process so thank you for that process ma' can is there a a motion to close public hearing second I have a first and a second all in favor raise hands any opposed okay that's unanimous and we will move on to petition number agenda number 45 petition number 2023 086 by Stephen o Omen B I hope I did not uh butcher your name the location is approximately 47 Acres located along the east side of Castleton Road West of CRA Craig Avenue and north of North Sharon Amity Road in District 5 Miss Molina's District the current zoning is in 1A and the proposed zoning is in 1 C the staff recommends this petition and we only have one um speaker Mr um Omen btig IMO IMO Stig excellent IMO Stig and you will have three minutes after staff's presentation thank you thank you this site is under half an acre along the east side of Castleton Road in the cotswald area this area is largely developed with single family neighborhoods as you can see in that aerial image the current Z zoning is in 1 a neighborhood 1 a and they're requesting to go to Neighborhood 1 C which is still consistent with the policy map's recommendation for neighborhood one in this area this is another conventional petition so there is no Associated site plan the n1c district is very comparable with the n1a district with identical allowed uses so those primary differences between the uh the n1a and the n1c districts are related to dimensional standards such as minimum lot lot areas and setbacks staff recommends approval of this petition and I'll take any questions following the petitioner's presentation thank you Mr Stig thank you mayor protan council I I'm just here to answer any questions as well thank you any questions petitioner I have a motion to close do I have a second I have a motion in a second all in favor of closing public hearing raise hands any oppose that is unanimous thank you for being here yes thank you we will move on to agenda item number 46 petition number 2 20 23 [Applause] 0101 by 310 balam Road LLC the location is approximately 1.74 Acres located along the northeast side of balam road and the Northwest side of Wisdom Lane North of Maller Creek Road in District 2 Mr Grahams District the current zoning is 01 and the proposed zoning is INB staff recommends the approval of this petition and Mr Will William Wallace will have three minutes uh to speak after staff's presentation thank you petition 2023 101 is located on the northeast side of balcolm road uh Northwest of Wisdom Lane and North of maler Creek Road the site is approximately 1.7 acres and is currently inel veloped site is Zone 01 CD office conditional proposed zoning is n2b neighborhood 2 conventional District 240 policy map recommends the neighborhood to place type n2b district is consistent with this place type um this is a conventional rezoning petition there's not an Associated site plan and would put permit any use allowed in the n2b district uh staff recommends approval this petition as the n2b district aligns with the policy map site is located within a short walking distance of a grocery store variety of retail shops Medical offices institutional recreational facilities and three bus routes happy to take any questions following Mr Wallace's presentation thank you Mr Wallace thank you mayor protim City Council Members members of staff and the committee happy holidays to you all and your families appreciate your time this evening um I'll keep my presentation brief as it is conventional uh this is in line with the uh policy map and the petitioner will be looking to switch from the current designation of 01 CD to the n2b uh designation and we did hold our community meeting uh there were um some adjacent property owners that attended we've been working with them uh no overarching negative comments or anything uh against the overall development um and while it is a conventional rezoning uh the petitioner has worked to start putting together a preliminary plan of potential proposed use and has been willing to share that uh with some of the adjacent uh Community uh owners there in the in the area so with that happy to take any questions you may have thank you Mr Wallace any questions motion Clos okay I have a motion in a second to close public hearing all in favor raise hands any opposed that is unanimous we move on to uh agenda item number 47 petition number 202312 by TriPoint homes Holdings Inc the location is approximately 9.07 Acres located along the northeast side of Lawyers Road South of abalar Road in District 5 Miss Molina's District the current zoning is ofc and CG the proposed zoning is NC staff recommend mends the approval of this petition and after staff's presentation uh Mr Colin Brown Shan shuttle shutler and Margaret Pucket will have three minutes in aggregate to address the petition thank you position 202312 is located along the northeast side of Lawyers Road South of Alamar Road site is approximately 9.07 acres and is currently undeveloped site is Zone ofc office Flex campus proposed Zing is NC neighborhood center a conventional District 2040 policy map recommends the neighborhood center Place type NC district is consistent with the neighborhood center Place type uh this is a conventional rezoning petition there's nonassociated site plan would prevent any uses allowed in the NC zoning District stack staff recommends approval of the petition as the NC District allows for typically smaller mixed use areas that provide convenient access to Goods Services dining and residential offers a transition between the surrounding uses in the nearby retail office and Warehouse uses I'm happy to take any questions following Mr Brown's presentation thank you Mr Brown May protim council members then committee members Colin Brown on behalf of the petitioner TriPoint uh homes um as Max mentioned this is a conventional petition um we did uh host a community meeting and and interestingly as you heard uh existing zoning is commercial zoning uh we had several attendees at the community meeting uh while the NC District I'd almost call it a down zoning uh and while there is not an associate site plan TriPoint is a residential Builder um I think the folks appreciated that direction was going that that's what this uh District allows happy to answer any questions this is my team's thirdd petition in District 5 tonight so east side is East side's picking up east side thank you Mr Brown any comments Miss Molina thank you mayor protim uh really quickly so um because I didn't attend the meeting Colin can you give me a little bit of feedback of What the residents were saying uh generally questions you know about and and partially they wanted to learn the current zoning which changed in June so we spent a little time explaining the office zoning and the CG zoning uh I think the zoning they were fine with we did talk a little bit about what what might happen with the pond on the property which I think folks don't love uh but generally it was well received okay um and I do see some notes here um which I'm I'm happy to see that it was attended uh by a few community members but the Charlotte water notes is that something that uh staff is I I see the notes from Charlotte water is there anything so they they um they typically provide notes about access it be on the you know the development teams there' be their responsibility to tap into the water and sewer systems that's all I have it looks pretty cut and dry to me that's all I have mayor ptim motion to close second thank you I have a motion in a second to close public hearing all in favor raise hands any opposition that is unanimous we move on to agenda item number 48 petition number 2023 107 by range waterer Development LLC the location is approximately 12.75 Acres located along the east side of atando Avenue the south side of Robinson Crest north of North trian Street in District One my district the current zoning is ml2 the proposed zoning is to NC staff does not recommend approval for this petition in its current form Tim I believe this petition was deferred is this one deferred okay 48 deferred okay great excellent sorry didn't have that in my notes then we'll move on to number 49 agenda item number 49 is petition number 2023 105 by MGM MJM group managers Inc the location is approximately 0.83 Acres located I'm sorry I think we skipped over um the previous petition uh 2023 105 this isn't this this is 105 isn't it agenda item number 49 um I don't have to that's what we're doing of me my agenda reads number 49 is uh petition number 2023 105 105 yes yep okay that's what we're currently on okay so I'll start over with the reading again this is uh agenda item number 45 petition number 20231 Z5 by MJM group manager Inc the location is approximately 83 Acres located along the east side side of spear Boulevard and the Northeast side of West Tyvola Road in District 3 Miss Brown's District the current zoning is mud o and the proposed zoning is cac1 Staff recommends the approval of this petition and after staff's presentation Mr Brown you will have three minutes to uh address this petition thank you thank you petition 2023 to -105 is approximately 0.83 Acres located the northern corner of the intersection of Tyvola Road and spear Boulevard we're back in City Park uh neighborhood current zoning is mud o requested zoning is community Activity Center one the policy map recommends Community Activity Center Place type the request is consistent it is a conventional petition with no site plan staff recommends approval and I'll take any questions after the petitioner's presentation thank you Mr Brown thank you mayor Pro Tim you're right the the slides on the screen were just not matching that's why the number was off but um as um as mentioned uh this is the city park site um so this would be the the third council member that my team has worked with and this on city park so happy to to work with you council member Brown if you have questions but this is uh we work with Miss Mayfield uh and Miss watlington as well as this has gone through uh and as mentioned this is for essentially an out parcel current zoning there's a mud zoning on it now that allows a drive-thru um the the reone to CAC is actually more restrictive on drive-throughs it is consistent with the city's plan so I think that is why staff is supported we hosted a community meeting it was it was not attended which has been typical at city park uh for the commercial out front folks have not attended the ones that we've recently done there so happy to answer questions if you'd like to follow after the meeting just let me know move okay great okay I have a motion to close public hearing and a second all in favor raise hands any oppose that is unanimous okay thank you Mr Brown we will move on to agenda item number 50 has been 50 has been deferred right has 50 been deferred it has we on 51 50 so we'll we'll uh push along to agenda item number 51 petition number 2023 108 by Beacon Partners the location is approximately 8.6 Acres located along the west side of Barry Hill Road north of Freedom Drive and east of Camp Green Street and District to Mr Grahams District the current zoning is ml1 and ml2 and the proposed zoning is IMU staff recommends the approval of this petition and after staff's presentation Mr Brown again you'll have three minutes thank you all right a a portion of petition 2023 uh 108 is located on the west side of Barry Hill Road um north of Freedom Drive and east of Camp Green Street and the other is located on J Street um west of Wesley Village Road and North of Freedom Drive uh the site is approximately 8.6 acres in total and it's currently developed with three warehouses two on this site one on this uh the site is Zone ml1 oops wrong button on this portion of the site and ml2 on this portion uh the pro zoning is IMU conventional District the 2040 policy map recommends The Innovation mixed use or IMU Place type IMU zoning district is cons consistent with this place type this conventional resoning petition there's not an Associated site plan it would permit any use allowed in the IMU District staff recommends approval of the petition as IMU aligns better with the policy map permits a variety of uses that are in keeping with the character of the area it's rapidly diversifying from heavy industrial to Light Industry office retail and residential developments how do you take any questions after the petitioner presentation thank you Mr Brown thank you um as Max mentioned uh this area is currently zoned in our what is our new heavy industrial zoning District this is an area that continues to evolve into some softer uses uh lighter commercial and even residential um so this will bring these properties in line with the plan recommendations uh we did have attendance at the community meeting uh neighbors liked that transition from the heavier uses to the lighter uses to continue that Evolution uh so that this is this is my last Petition of the year so happy holidays to you all happy holay Mr Brown I have a motion to close do I have a second second second okay um all in favor of closing public hearing raise hands any oppose that is unanimous we move on to item number 52 petition number 2023 109 by 123 e27 LLC that's a mouthful located approximately at at .89 Acres located along the northeast side of East 2 7th Street southeast of North trien North of the linkx Blue Line in District One my district the current zoning is ml2 and the proposed zoning is IMU staff recommends this petition and after staff's presentation Mr Ferguson will have three minutes to address thank you thank you this site is just a little under an acre along the East 27th Street north of the blue line and just west of the core of the Nota neighborhood as you can see in the aerial image the site is currently zoned manufacturing Logistics too and they are requesting to go to Innovation mixed use which is consistent with the policy map's recommendation for Innovation mixed use at the site and the surrounding area this is a conventional petition so there is no Associated site plan the site is located along the north Graham North Trion Street Corridor of opportunity area which aims to vze the area with a mix of uses that can provide critical resources and businesses to neighbors so this resoning would allow the site's entitlements to be shifted away from industrial uses and instead to a more balanced mix of uses that could better align with the goals of that Corridor the IMU district is intended to be applied to sites such as these which formerly hosted industrial uses but are transitioning away to an array of commercial residential and Artisan industrial uses staff recommends approval of this petition and I'll take any questions following the petitioner's presentation thank you Mr Ferguson Russell Ferguson on here on behalf of the petitioner I'm sad to see Colin leave because I was going to thank him for finally giving up the podium um I am uh this is in alignment with policy with staff support and I'm here for any questions you may have thank you Mr Ferguson any questions close second can I have a motion to in a second to close the public hearing all in favor raise hands any oppose that is unanimous we move on to agenda item number 53 petition number 2023 110 by savillex homes LLC located approximately on 1.87 One Acres located along the south side of Susanna Drive North of Hart Road and West of Rosel Ferry Road in District to Mr Grahams District the current Zone is in 1 a and the proposed zoning is in 1D staff recommends this petition and after staff's presentation Mr Ferguson will again have three minutes to address petition 2023 uh 110 is located on the east side of Susanna Drive North of heart drive and west of Rosal Ferry Road site is approximately 1.8 Acres the site is currently developed with a single family home property is zoned n1a neighborhood one proposed Zone district is n1d neighborhood one conventional District 2040 policy map recommends the neighborhood one place type n1d is consistent with this place type this petition is conventional and and there is not an Associated site plan would permit any uses allowed in the n1d zoning District staff recommends approval this petition as the n1d district aligns with the policy map development pattern prescribed by The Neighborhood one place type and permitted by the n1d zoning district is consistent with the character of the area have take any questions following Mr Ferguson's presentation thank you Mr Ferguson yes fruss Ferguson here on behalf of the petitioner uh as here from staff matches the area plan has staff support and I'm here for any questions you may have and happy holidays and thank you for your service happy holidays any questions close second I have a motion to close in a second uh to close the public hearing all in favor raise hands any oppose that is unanimous we move on to agenda item number 54 petition number 2023 115 by East group properties LP the location is approximately 5.71 6 Acres located along the north side of Entrance Drive and the east side of Gable Road South of shopton Road in the etj in the etj uh in the uh Board of County Commissioners District 2 Miss leak District closest to um council member uh Brown District 3 the current zoning is i1 CD a Ando the proposed zoning Is ml1 AO staff recommends this petition and after staff's presentation we will have John carmichel and Ron coffee they will have three minutes to address the petition thank you thank you petition 2023-the and the east side of Gable Road South of shopton Road current zoning is i1 CD it's within the airport noise disclosure overlay and requested zoning is ml1 with the airport overlay carrying forward 2040 policy map recommends man manufacturing and Logistics Place type petition is consistent with that place type recommendation there is no uh conventional petition no Associated site plan and I'll take any questions after petitioner presentation thank you Mr carmichel good evening Madame mayor Pro Madam mayor protim um members of city council zoning committee John carmichel on behalf of the petitioner East group properties Jo did a thorough presentation so we're happy to answer any questions that you may have motion close second I have a motion to close in a second all in favor to close public hearing any oppose happy holidays see y'all that is unanimous happy holidays Mr carmichel that's for sure it's def okay okay we'll move on to agenda items number 55 petition number 2023 1116 by Stanley Martin Holmes the location is approximately 10.03 Acres located along the west side of Still Creek Road north of long tailon way and south of Hamilton Road in District 3 Miss Brown's District the current zoning is in 1A the proposed zoning is in 2A staff recommends this petition and I yep we have uh Miss Grant and Bob Bennett will have three minutes to address the petition after staff's presentation thank you thank you the site is 10 acres along the west side of Steel Creek Road in an area where there's a number of vacant Parcels mixed in with some single family developments the site is currently zon neighborhood 1A and then they are proposing to go to Neighborhood 2A which is consistent with the adopted neighborhood 2 Place type for this area that's just north of the single family residential area to the south of the site there this is a conventional petition so there is no Associated site plan the neighborhood 2 zoning District allows for the development of attached dwellings with a lower intensity as compared to the other in two districts and given the policy Maps consistency and the request for the lease sentence into District staff recommends approval of this petition and I'll take any questions following the petitioner's presentation thank you Miss Grant good evening mayor proam members of council members of the zoning committee my name is Bridget Grant I'm a land use consultant with Moren Van Allen I'm pleased to be here tonight with Bob Bennett with Stanley Holmes um Stanley Martin sorry staff's on a phenomenal job and it's been a long night so I am pleased to say this is consistent with the adopted land use policy and we're happy to answer any questions thank you Miss Grant any questions Mr Driggs so how do you measure 10.03 Acres approximately up how much is that precisely it's very precise very precise very precise you would okay thank you I have a motion to close in a second um all in the favor of closing the public hearing raise hands any oppose that is unanimous we move on to thank you Mr Grant we move on to petition number 56 I mean agenda item number 56 petition number 2023 1119 by lockstar LLC the location is approximately 593 Acres located along the north side of Canon Avenue in the east side of North Graham Street south of Onida Road in District One my district the current zoning is in 1B the proposed zoning is in 2A staff recommends this petition and after staff's presentation um Miss April aison will have 3 minutes to address thank you thank you this site is just over half an acre along the east side of North Graham Street in the north side of Canon Avenue at the intersection there and as you can see in the aerial image it's this is not a large track of residential development that the site is situated in and this portion of North Graham Street Corridor hosts a number of industrial commercial uses among the smaller pockets of residential areas this site is currently Zone neighborhood 1B and the petitioners request requesting to go to Neighborhood 2A with the policy map calls for neighborhood one so this petition is inconsistent with that recommendation it's a conventional petition so again there's no site plan sta believes that given the adjacent commercial and Industrial uses a resoning for this parcel to a neighborhood to District would not be very disruptive to the existing residential area additionally moderate intensification is appropriate on Corner Lots such as this and for those reasons and because this is a request for the least neighborhood 2 District we believe that although inconsistent with the policy map this request is generally appropriate staff recommends approval of the petition and I'll take any questions following comments from the petitioner thank you miss ainson you have three minutes okay great happy holidays thank you so much for hearing me um mayor protim members of the city council resoning committee and the entire chamber um I am April ainson I'm here on on behalf of lockstar LLC I'm an entrepreneur for the last 15 years and a Charlotte native so I've been leasing space all over the city for the last decade and um mostly in the plaza Midwood area but as of lately moved to Graham Street and um once this property became available I knew I needed to make a purchase to stop paying rent so uh the listing on this property said that it could possibly re be reasoned for commercial use just because there's so many businesses around and it's located on a busy Graham Street on the corner of gr and Cannon um I also live in the neighborhood so I did host a community meeting um that only three people attended but I got to meet some neighbors um and I go to all of my neighborhood association meetings because I don't live far and they are super supportive of what's happening and they've seen uh the property just open up because it was uh un no one lived there and there was trees and Greenery growing and covered up so we done a lot to just open this the space up and hopefully can benefit the community being there I'm here for any questions thank you Miss ainson Miss Johnson thank you U so this is in district one but this used to be District 4 so I'm familiar with the area and it's so nice to hear that the residents were supportive because because if it's off Onida I think there was a development over there not long ago where the residents were very engaged okay so it's really good to hear that they are supportive um do we have a community report in the file yes um I can send it to you if you need it should also be posted online for this petitions web page okay and it's also nice that you live in the area so it's conventional we don't get a lot of detail about it but you're you're wanting to purchase it for your office is that sure so I have a hair salon that I've had for the last 17 or 18 years a very stable business um and like helpful for the community and a cultural Salon with a curly hair Niche and things like that so um yeah so we're operating a hair salon we have accessories we have natural organic products that we retail home home accessories um there's some new neighborhoods being built right behind us so very accessible to the community and not too far from Uptown okay good and that Graham area that's yes that's a nice area okay that's all the questions I have thank you Miss Molina thank you so much uh mayor protim I I also I just I want to congratulate you um I started my first business on the tando Avenue okay back in 2007 uh bought a second business on Graham Street okay that's still operational so you might see me every now and again um I'm very extremely familiar with the area I know there's a lot of residential you know that's right behind here I'm I'm really glad that I actually know exactly where this house is um and I if I'm not mistaken closer to the train tracks there's a there's a hair salon already there going up towards a tando there um there there're a few Salon there there's a few salons I I know I'm not crazy I'm you know I'm a little rusty but I'm I'm thinking closer to the train tracks I know there's a hair salon there I can think of various places where we already have you know that sort of business so I just want to tell you congratulations on your leap of faith uh I wish you success in your Endeavor and I am absolutely just excited to see this go forward and thank you much thank you Miss Brown Miss ainon right yes thank you so much for your time tonight and coming in I'm like I have to follow with Council woman Molina I'm very excited that to see you moving forward with uh your business Endeavors and especially in this area it's an area that's historic I'm born and raised in Charlotte so just good to see that and say congratulations I'm looking forward to supporting thank you very much thank you Mr DS Miss Atkinson you do a great job tonight good job thank you for your patience I'd also like to acknowledge U my constituent Garland green uh who has outlasted the majority of council arand welcome and happy holidays to you welcome happy thank you all for your patience yes thank you Miss Atkinson I Echo the sentiments of my colleagues it's wonderful to see you have the opportunity to open your business in district one and be so engaged with the community and I've have not heard anything negative about this process and so that's indicative of the work that you've done to uh move forward so thank you for your engagement thank you so much I believe thank you so much happy holidays I believe everyone has had a chance to speak I have a motion close have a second have a motion in a second all in favor of closing public hearing raise hands any oppose that is unanimous okay so unan on so we are on our last agenda item of the evening agenda item number 57 petition number 2023 121 by Christian Brothers Automotive the location is approximately 1.72 Acres located on the west side of Still Creek Road South of shopton Road and North of Interstate 485 in the etj and the counting commission District number two Mrs leaks District closest to count city council District number three Miss Brown's District the current zoning is CG the proposed zoning is CG CD staff recommends the approval of this petition and after staff's presentation Christian ellanu will have three minutes to address the petition thank you thank you this petition is approxim 1.72 Acres located on the west side of Steel Creek Road South of shopton Road and North of Interstate 485 current zoning is CG the requested zoning is CG conditional that might look a little funny um the we'll get to the the proposed use in just a minute the 2040 policy map calls for commercial Place type so it's consistent with Place type recommendation ation the proposed use is a minor vehicle repair facility that specific use in the Udo requires a conditional resoning which is why the the reason for the request uh it is consistent staff recommends approval I'll take any questions after the petitioner presentation thank you Mr U good evening everyone even mayor PRM City Council Members everybody here president staff my name is Christian alanu I'm with Gaskins lro in Atlanta representing the U petitioner the future operator of the site which is Christian brother Automotive Incorporated um can we get yes thank you very much so a brief presentation I'm sure that everybody's familiar with the site location um the scope of this petition is to request a conditional resoning to the same existing uh General commercial Zone in distry but conditional in order to uh have an operation on the side as for a vehicle repair facility minor and um based on the Ugo can we go to the next slide please uh there are already six prescribed conditions that we are fully complying with and just a brief description of the existing conditions the site is vacant is actually out parcel part of the uh U shopton Square Mall it's undeveloped it's vacant uh the Topography is is fairly flat there are no existing trees uh based on communication with the various staff at city of Charlotte the uh public utilities are already available Water and Sewer um in terms of the zoning if you can move on please uh the surrounding zoning is consistent is all commercial um uh CG and then on the east side Steel Creek you have some heavy and light industrial and then just for some overview over the site uh taking certain photographs from the s from north east west and south just to outline the presence of the site in the context of the existing buildings for the uh uh shop and mall and U uh We've also included a preliminary technical site plan this is it right here you can see the proposed facility which consists of 10 uh base of vehicle repairs the main entrance will be off the main street Steel Creek which is to the rear off of that existing private access easement uh there is a certain amount of surface parking provided for the uh facility uh that's going to be subject you know uh to more refinement as we go with the staff to uh before applying for the actual development permits uh number of parking spaces is somewhere in the mid-range and then you know as you may be familiar with the Christian Brothers Automotive facilities thank you Mr OT Miss Brown pronounce his name right I'm not going to try to butcher your name but Mr Christian thank you so much for your presentation and and hanging to be the last person I'm very familiar with the area I live there and um let's see is this going right near the CVS on the corner by the Goodwill it's going next to the uh Waffle House I think it is a location yes ma'am beside the WAFF behind the wa house besides right there in the parking lot that's correct okay all right yes toward what's the proposed date it's a vehicle small repairs facility CBA Christian Brothers Automotive they do small vehicle repairs and the facility is a building that will look mostly like a like a residential structure if you take a look at the elevations and it's a it's to fit in the contact so it's a it's a it's a small structure that has uh 10 garage Bays that's pretty much what what what it is you said you're going to have 10 garage Bays yes ma'am five on each side okay well thank you so much for answering my questions thank you I can walk to your shop I live very close there oh you are mhm that's right okay Miss Molina thank you mayor protim I just I got a quick question I know um I'm I'm showing that the community meeting there was no attendees that's correct we scheduled that and published it you know for November the first but there were no attendees okay um and I know that um you know we have a very engaged council member and you know we all are going to you know be her teammates as she continues to you know work through this process and understand the intimacies of of making these decisions and she's already all over it because she's native to Charlotte she know more than most of us in some cases um but I I want to make sure that um you know as far as the community meeting is concerned are this is a is it adjacent to any type of residential area like is there any residential area that not really uh across the well no those four corners not that much no the whole Zone you CG so the community so this meeting would have only then I'm sorry I didn't mean to interrupt you the community then the meeting would have only really inv involved business owners for the most part that's correct yes yes well that's all I have thank you mayor thank you okay any additional questions do I have a motion to close CL yeah please have the motion to close in second uh all in favor of closing public hearing raise hands all right any oppos no all right I have a motion to adjourn all of in Christmas merry Christmas and happy holidays every Christmas happy New Year spectacular yeah I guess I sure [Music] will [Music]