w [Music] la w [Music] n [Music] [Music] oh [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] for [Music] [Music] for [Music] [Music] for [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] for [Music] [Music] BR bring [Music] [Music] bre [Music] br [Music] [Music] [Music] [Music] [Music] [Music] for [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e e e e e e e e e e e e [Music] [Music] [Music] [Music] [Music] e e e e e [Music] [Music] [Music] e [Music] e e e e e e e [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e e e e e e e e e e e e e e e e e e e e e e e e e e e [Music] [Music] [Music] e for [Music] [Music] [Music] [Music] e e e e e Welcome to our October 2 first zoning meeting we will begin with introductions and and we'll start with the city clerk good evening Stephanie Kelly city clerk good evening thank you for your patience Tiana Brown District 3 good evening I'm Renee Johnson and I'm honored to represent District 4 good evening Liz Babson assistant city manager Dante Anderson mayor protim district one mol Graham District 2 forgive us for our delay I am Lana Mayfield serving you on city council at large Victoria watlington at large ter hegler gray senior assisten see the attorney you come on we begin our meetings with an invocation as an expression and an inspiration followed by the Pledge of Allegiance the invocation by the council member is intended to to underscore our proceedings and we celebrate the religious diversity of the entire Community um including those who do not have a religious faith and this evening council member uh Graham will provide the invocation thank you Madame mayor proam IID like to read a quote from the late former president of morouse college uh Dr Benjamin Mays the tragedy of life doesn't lie in not reaching your goals the tragedy lies in having no goals to reach for it isn't a clamity to die with dreams unfulfilled but it's a clamity not to dream it is not a disgrace not to reach the stars but it is a disgrace to have no stars to reach for not failure but low aim is sin we hope that the city of Charlotte will always raise aim high thank you thank you and for those that can please rise and join us in the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay so we're going to start out the meeting with an explanation of our zoning process and the process begins with applications submit it to our planning staff for review the cases have two types on our agenda there are decisions and their hearings decisions on cases for which public hearings have already been previously held and there's no additional public comment for hearings anyone wishing to speak on this on a particular petition is asked to see our city clerk before the start of that hearing and then we also have the staff presentation which comes with no time limit at all the petitioner who's in favor of that uh petition will get three minutes combined to present unless two things have occurred one is if there are oppositions signed up to speak against that petition or if staff is in Opp in opposition the petition gets the petitioner gets 10 minutes the opponent gets 10 minutes and then the petitioner will get two minutes for a rebuttal if there is no one opposed or sign up to speak staff provides a short presentation and public hearings is closed and the next public hearing will continue and will open petitions go petition goes to the zoning committee of planning commissions for review and recommendation and at this moment I'd like to recognize the chair Mr um Blumenthal so that he can introduce himself as well as his committee thank you Madame mayor protm and thank you to the rest of council as well uh my name is Andrew Blumenthal it is my pleasure to serve as the chairman of the zoning committee of the Planning Commission allow me to introduce my fellow committee members starting on my left we have Robin Stewart Rick Wier Shaun an Neely Teresa McDonald Clayton cely and then to my right Aaron Shaw uh the zoning committee will next meet on Thursday November 7th that's a slight change due to election day on Tuesday the 5th at 5:00 pm at that meeting the zoning committee will discuss and make recommendations on the petitions that have public hearings this evening the public is welcome to attend that meeting however please note that it is not a continuation of any public hearings that are being held here tonight prior to that meeting you are welcome to contact any of us directly to provide input you can find our contact information and as well as information on each petition on the city's website at Charlotte planning.org thank you very much thank you Mr chair um and okay so we're going to start out with our deferrals and withdraws thank you um we have three items for deferral this evening um agenda item number seven petition 2024 045 for Drakeford communities and they're requesting a deferral to November 18th 2024 item number 15 2020 071 3G Investments and developments LLC they are also requesting a deferral to November 18th 2024 and item number 16 2022 224 srl Central Avenue Properties LLC and they are requesting a deferral to November 18th 2024 and that concludes the deferrals thank you is there a motion um to defer item number 75 15 and 16 as just discussed thank you um to our November 18th zoning meeting I have a motion is there a second there's a second all in favor raise hands any oppose that is unanimous we will move on to the decision portion of our meetings and we'll start out with our consent agenda um resoning petition items through 3 through 14 with the exception of item 7 which is deferred may be considered in one motion except for those items pulled by a council member please note that these petitions met the following criteria they had no public opposition to the petition at the hearing the zoning committee recommend approval and there are no changes after zoning committee's recommendation and finally staff recommends approval are there any consent items Council would like to pull for question comment or separate vote hearing none may I have a motion or is there a motion to approve the following petitions and to adopt the zoning committee's statement of consistency for each of these petitions as they appear in our agenda as as the council's own and I will read each number of the following petitions petition number 2023 070 petition number 2024 006 petition number 2024 034 petition number 2024 037 petition number 2024 057 petition number 2024 63 2024 066 202468 2024 070 2024 071 and 2024 074 is there a motion to to approve the those petitions and to adopt the zonings committee statement of consistency so moveed second I have a motion in a second all in favor raise hands any opposed that is unanimous okay we will now move on to our decisions give me one second here yes we will move on to our decisions and we will start with agenda item number 17 petition number 2023 065 by Central Avenue multifam LLC the location is approximately 2.83 n Acres Bound by the south side of Central Avenue West Side of Pont Street north side of Sunnyside a and east side of Independence I 277 ramp in District One my district the current zoning is n1d NC 06 CD the proposed zoning is CAC 1ex the zoning committee um voted 60 to recommend the approval of this petition and staff recommends the approval of this petition as well after um after um is there a mo after the the um staff's comments we will then have open comment thank you um yeah I don't have any comments unless you have questions were there is there a motion to approve agenda item number 17 some move is there a second second okay are there any comments um Miss mayfil thank you 17 all I guess this would be a question for staff because I we all received a number of emails but one of them was in response well really it could be a question for the District representative Community reached out because at the last meeting it was it was stated that you as the District representative council member Anderson would continue to reach out to the neighborhood as well as encourag this this developer to reach out to the neighborhood we received emails over the weekend stating that members of the community have not been able to have any conversations it was noted that since the representatives have made no effort to speak with us I was told by a member of the eca's board that the representatives sent meaning the petitioners sent us the community the changes they were going to make and told the ECA that future conversations with the ECA would not be beneficial for them Central Avenue multif Family LLC Excuse excuse me has clearly not followed the directive of Council of which we did state from this body that there would be an expectation for continued communication also in the email is noted we maintain our opposition to the resoning of the two N1 Parcels on Sunny Side Avenue the so entrance to the proposed development on Pon Street and a developer stance that the project meets the criteria for a CAC place place type one of the challenges is we have approved multiple projects in this immediate area so residents have concerns and asking for council's help regarding re-examining to ensure that this project includes that the traffic signal or creative alternative that allows for safe passage of people and vehicles into through and out of this unique small scale and isolated piece of Elizabeth neighborhood I was hoping that staff was going to share that there was some type of an amendment to the original proposal but since that is not the case I will not be supporting this project okay thank you Miss mayfel I will respond to um some of your comments but I want to see if there were any additional comments on this particular petition okay so um this petition you're correct during the the public hearing not only myself but other council members um vocalized that there needed to be some additional touch points with the community um around not only the traffic but other um particular aspects of this particular petition and I have been in conversation with the developer and the the petitioner representation to ensure that that actually has occurred and so I do have an and I I don't I believe it was shared with you all but I'm not sure if it was but there was a follow-up communication there was actually multiple follow-up Communications with an ECA board member specifically the land use person to discuss what the modifications have been based on the uh Community input so there are a variety of modifications that have been done I can um they're in they're in our packet but I'll just highlight a few of them one was the U reduction exception of for height from 85 ft to 70t um the decrease in units from 315 to 295 and the uh increase of commercial space because it was conveyed that the community actually would like to have more commercial retail space to um further underscore a 10-minute community and so that was increased from 1,500 ft to 2500 square ft there was a doubling in the size of the plaza in the park so On the Sunny Side and PE my area from 250 ft to 1,500 square ft because that's also um a a comment a desire from the community as well and there is as a part of this work here on this petition there's a 16 foot path area that's uh will be created as a fitness Loop for public use and there's also an additional new public benefit um for this development to be standard as a national Green Building standard um or relocating a sore line the issue with the sore line is if things develop with cats the movement of the sewer line will not have to be done and so the petitioner and um and the developer worked to come up with a new uh Community benefit for that and so those were the modifications that have been made I'm going to ask someone from seed do to come up because in addition to this I think they're they're two they're two aspects to this petition that have been challenged I think the petitioner has done a good job of addressing these modifications but there's two one is as we heard during the hearing and we've heard from the community the density of traffic and congestion right there at that intersection as well just along the Central Avenue Corridor to be honest with you um is a challenge and so there there was a request from the community to have a signal placed at the intersection um and C Dot and and the the developer has agreed to pay for that signal so there was commitment to the community from from that aspect however C can you share your perspectives on this particular um light signal sure uh Jay Carpenter with C do um so uh C do gets requests uh throughout the year for Signal evaluations uh through our Traffic Safety group um this signal was evaluated in April of um I think 2023 or 24 um and this is a preliminary evaluation that's completed um at that time the the traffic volumes and crash data did not uh warrant uh signal installation um but as we've worked with the developer on this project we've um told them that we would consider a signal with the impact of the new development traffic um but we would need to see a signal warrant evaluation with um analysis and and the new development traffic to this point uh we haven't been able to review that so uh the petitioners work to include a note that they would build it once they're able to provide uh that uh data and if the data does show the the need then um they would build that signal so thank you so I understand that that's the process um however it's a a a point of frustration for the community to not have that commitment um as we approve this particular petition so I want to just highlight I understand that that's the process but I think it would solve many many questions and challenges as it relates to this petition if we were to be able to assure the community that that stop that that signal could be installed to the cost of the development so that that's a that's a challenge I have are there any potential workarounds that we can do to address this community issue uh I think it's just it's important to note that we do have the process for Signal evaluation uh and there's good reasoning behind every portion of it um when it was evaluated previously uh it was noted that signal instulation would actually increase the average weight time for the side street because you have to time the signal with adjacent traffic signals uh and currently there's enough gaps in traffic during the normal hours for users to uh turn uh from pedmont um so you know the the evaluation is done on whether we can uh support a crash reduction with a signal uh whether we can uh reduce weight times and and uh increased level of service for the users on the side street and whether we imp impact uh the traveling public along Central Avenue which is definitely a concern as well because of the congestion along the arterial so it's a balance of those that we we really need to see data on to evaluate fully um and and want to U make sure that we take into account all of those before making decision um so uh C do would you know would like to see all that information uh prior to making that decision I understand in addition to not only this petition but just that arterial as you mentioned there's just a lot of congestion and also density going up and the ability for Neighbors to be able to navigate safely in and out of the neighborhoods adjacent to Central Avenue is is going to be critical on a go forward basis so I we have to put more energy behind addressing a particular road diet for that area and I have lots of ideas that I've discussed some with you but have discussed others with neighbors and the representation along that um Corridor that I think we really need to activate on the other particular challenge with the community outside of what I've laid out is there is a um there are two Parcels two small Parcels as a part of this overall resoning that many in the neighborhood would like to remain as its existing um um zoning and it's because they want the area approximate to the single family neighborhood to be as close to that as possible right and so I have worked with the developer we've had multiple conversations around how we could potentially achieve that um but that is still a point of uh concern and um we haven't quite got gotten there yet but I do want to ask staff as we looked at the language for this petition we staff's overview and assessment is that this is this petition is both consistent and inconsistent right and so I'd love for you all to just shed light on why that is so sure um the majority of the the it's if you will it's it's a block right Central Pont and Sunnyside um the majority of that block is already zoned um or has a place type of uh Activity Center so in that area this proposal is consistent um as you mentioned there are two small Parcels that um are at the corner of pedmont and Sunnyside those are in the neighborhood one place type and so they are inconsistent with the proposal and with approval of this petition would change the place the place type um I would note that like from a holistic perspective staff took a look at this and felt that leaving those two small Parcels out of the proposal probably would not be the best outcome for those Parcels as as you go on retaining single family homes on that those two Parcels probably are not the best outcome it's probably best to plan holistically for that block and that's why we were supportive of that in that fashion um and allowing the the rights of way to kind of be the boundary for any further intrusion as you go along so um that is why it's partially and majority is consistent but there is an element that is consistent with the place type yes so you and I have discussed this but it's still confusing right it's confusing to the neighbors it's it's even confusing to some of the petitioners as well how it can be both and and so you know given a these issues U around this current petition and listen I understand with the trip generation of this proposed petition the trips actually would be a reduction of what is current zoned however I don't believe that the number of trips that it's currently zoned to is really getting hitting that number on a daily basis or even a weekly basis is just simply zoned to that the activity doesn't meet that there and so if if it were I think it would still be a challenge a big challenge to the community so I'm actually going to recommend that I know the petitioner has has communicated with the ECA and in the neighborhood but I'm going to recommmend that we go back yet again and work with the community members on how we can address really the large issues around the traffic light and ensuring that traffic doesn't back up into this single family neighborhood um because there's not a safe way to exit um out of this corner and so i' I would like to um make a substitute motion that we def refer um this particular petition to our um next zoning meeting in November to allow more time yet another um go at trying to address this issue second I have a motion and a second to um defer item number item number 17 I flipped over in the middle of it item number 17 all in favor of a deferment oh yes ma'am please thank you thank you U mayor protim and and and thank you for the deferral like um in listening to the residents and really trying to come up with a a solution um that's kind of a compromise for all I do have a question because I've been talking about cumulative impact for a long time and there was some talk um about the Udo are there being some proposed changes uh to begin to consider the cumula impact because that's what sounds like is being described here while this petition may not meet the the uh the guidelines for that traffic study or it's the cumulative impact of all of the development in the area and that's happening along so many corridors so I know we received a presentation about changes to consider cumulative impacts if you don't have that tonight I understand or if there's no one that can speak to that but that is something Liz we can get an update soon because that's important and and the district reps and all of us have to consider these impacts in our in our city so we really need to move forward on making some changes to require more improvements to the areas um in response to the growth thank you I'll be supporting the substitute motion thank you any additional comment okay we have a motion and a second all in favor of the affirm it please raise hands any opposed that is unanimous thank you we'll move on to agenda item number 18 petition number 20248 by Bank ozk the loc the location is approximately 776 Acres located at the Northeast intersection of South Boulevard and starmont Cove Lane East of England Street in District six Mr B's District the current zoning is TD to tr proposed zoning is cgcd the zoning committee voted 5 to one to recommend the approval of this petition and staff does not recommend the approval of this petition is there a motion to approve move to approve petition second second me there were changes I think you'll need to address the wonderful after can you address the changes that that have been made sure absolutely so there was one uh minor change that was made uh after the zoning committee and that was to um indicate a prominent entrance on the Starmount Cove facing facade which is a requirement of the Udo sta uh does not believe these changes uh warrant additional review by the zoning committee okay so I believe I have a question are those all the changes or are that concludes the changes okay wonderful so I believe we have to vote on whether we want to send this back to zoning committee before we have comment so but staff usually tells us whether or not they feel like it's something that needs to Warrant to go back and hang on hang on hang on war hang on okay thank you yes yes as I mentioned uh we believe these changes are minor and they do not warrant additional review by the zoning committee okay so is there a motion to um not send um this item agenda item number 18 back to the zoning committee so move second all right all in favor of not sending back raise hands any oppose okay that is unanimous now do we have a motion to to approve this item and second a motion and a second excellent um any com on this particular petition I would like to say that U Mr Bari could not be here this evening but he did pass on um to myself and I believe others um his position on this particular uh petition thank you I saw Miss azir and then I don't have anything okay yes thank you um so my question is for staff as a result of the change it was a minor change that was made does your position change in support of this petition um thank you no it did it did not change our our recommendation could you tell us uh what what is the I understand this does not um this is not consistent with the policy map uh is that the reasoning for not having supported this resoning petition sure I can expand a little bit on that um it really does come down to a policy issue um in 2019 the city undertook a rezoning of this entire area um in reference to the the transit improve um infrastructure and Investments that have made in the area and we reone that all to to districts um in order to facilitate the drive-through facility that this Bank needs they need to request the CG Zone um the CG zone is a more autoc Centric it is exactly what we rezone this area away from in 2019 so from a policy perspective we can't support that we weren't supporting that zoning um here for that reason um you could do a bank without a drive-thru in the current Zone but with the with the drive-through facility as the Udo is written today um you would need that CG zoning and that's some the reason why we aren't supporting it um I would note that the there's been a lot of improvements and the petitioner worked with us diligently to improve the the layout of the the proposal to get closer to Udo standards um but from a policy perspective we can't support it today thank you so I'll just make I'll make a few remarks so thank you for restating the policy conversation uh Council adopted and approved 2040 plan Udo not too long ago and now this does not this is not consistent with our policy map so I feel like all this community engagement was done and now we are pretty much undoing it by adopting this resoning petition while I appreciate the work that's been done by the petitioner uh Mr Fox for the work that you have done to get closer to our policy but it's still not in alignment with our policy and hence I can support it since we just adopted our Udo not not too long ago and that's why have thank you thank you mme Miss Brown I mean I'm Sorry Miss Johnson thank you um I know that there are times that we really want to support the staff's recommendations um I for one like to do that that keeps us that keeps us honest and consistent however for this one this is a bank that's requesting a drive-thru so if we approved that in 2019 um that was even if you think about the covid restrictions and how imperative drive-throughs became during what we've learned about drive-throughs and and for a bank we have to think about the business the operations and I just think that for me this one makes sense as an exception because of that reason so I will be um supporting this thank you thank you Miss Johnson any additional comments may protim I just want to make sure we're in including the consistency statement in the motion H I'm not sure who made the motion but let's make sure we includ the motion and I'm looking for the consistency statement so to be clear we we we need to say is there a motion to approve the petition and adopt the zoning committee's statement of consistency as it appears in our agenda and so so move we had a motion and then a second the amendment to my motion thank you Miss K yes okay so we we have the consistency statement we have the motion in in second before we take the vote I I just would like to pass on some comments from Mr barara he wanted to mention that the petitioner has done a really good job of working with the community and making adjustments um on the site so that um the flow in in and out of the the drive-thru is not on the side of of Frontage of the to but whether in the back um and he agreed with all of the changes that were made so just wanted to pass on the message before we took the vote okay we have a motion in second all in favor raise hands any opposed okay that's one opposed thank you we will move on to agenda item number 19 petition number 202 4046 by lenir Carolina LLC the location is 26.7 Acres located on the west side of batty for Road and North side of kid Lane South of Miranda Road um in the etj closest to District 2 Miss leaks District on the board of County Commissioners and closest to District Two Mr Graham and District 4 Miss Johnson's District the current zoning is R8 mfcd proposed zoning is in one a CD the zoning committee committee voted 6 to0 to recommend um approval of this petition and staff recommends approval of this petition upon resolution of outstanding issues related to the environment and site and building design is there a motion to approve petition number 2024 046 if I if I could there there were also changes after there changes to this one okay wonderful one can you please review the changes sure let me just summarize though the following changes were made to the site plan after the zoning committee's recommendation um one the streetcape along kid Lane has been extended to the property line the proposed setbacks are shown along public and network required streets a tree survey was submitted and conditional notes have been updated to reference the compact development option under the n1a zoning District staff believes these changes are minor and do not warant additional review by the zoning committee okay excellent thank you um is there a motion to accept the changes and not send back to the zoning committee second second there's a motion in a second all in favor of not sending back to zoning raise hands anyone opposed that is unanimous so we'll go back to the motion to approve petition item number 2024 046 and adopt the zoning committee's statement of consistency as it approves appears in our agenda I have a motion second there's a second thank you any any comment appear hearing none all in favor to approve petition item 2024 046 raise hands all opposed that is unanimous thank you we'll move on to agenda item number 20 petition number 202 4055 by toana fips the location is 2.89 7 Acres located on the Northwest intersection of Nations Ford Road and Forest Point Boulevard East of 77 and District 3 Miss Browns District the current zoning is ofc proposed zoning is IMU the zoning committee voted 4 to two to recommend denial of this petition and staff recommends the approval of this petition are there any modifications since the hear fantastic is there a motion to approve move and and adopt the um the staff's statement of consistency I have a motion and a second any any comment I thought I thought talk when you me you mentioned deferrals that you had mentioned number 20 no okay it wasn't in it wasn't on there okay no I don't believe so wasn't the no ma'am not in the record okay okay does anyone have a comment on I do okay Miss Brown thank you so much and thank you Madame mayor for allowing me to come in so I you got one too this is um I'm going to go with staff's recommendation on this no no um harm intended to his own committee but this an extension for samarit Pur and I'm just going to go with the staff recommendation I don't have a whole lot of comment but I did want to go on record uh going with uh what the staff recommended that's all I have okay thank you Miss Mayfield did you mention that you had a comment okay any additional comments hearing none all in favor of approving um agenda item number 20 raise hands any opposed that is unanimous we'll move on to agenda item number 21 petition number 2024 056 by Vivo Investments LLC the location is approximately 5.2 Acres located on the north side of yorkmont road south of Billy Graham Parkway West of South trien Street and East of Loch Lane Drive in District 3 Miss Brown's District the current zoning is O uh 15 CD proposed zoning is n2b CD the zoning committee voted 6 to0 for approval and the staff recommends approval there are no additional changes so is there a motion to approve petition item number 2024 056 the move second and adopt the zoning committee statement of consistency there is a motion and a second any comment I do have comments Miss Brown I I spoke to um thank you so much Madame mayor spoke to um the petitioner and I also spoke to community although it says zero community meeting we reached out to community leaders and they were in support so I just want to go on record with that as well although it says zero online meeting we reached out them to them individually for their input on this petition okay thank you any additional comment hearing none all in favor of item number uh 21 please raise hands any opposed that is unanimous we'll move on to agenda item number 22 petition number 2024 060 by dream key Partners the location is 4.36 Acres located on the Southwest intersection of West Rocky Road and Old Concord Road north of torrent Grove Church Road in District 4 Miss Johnson's District current zoning is in 1 a and in 2B proposed zoning is in 2 a CD the zoning committee voted 6 to Zer to recommend approval staff recommends approval as well no additional changes were made is there a motion to approve petition item number 2024 060 and adopt the zoning committee's statement of consistency motion to approve and adopt the zoning committee statement second I have a motion and a second any comments Miss Miss Johnson and then Miss Mayfield well do you want to close it out Miss Mayfield and Miss Johnson so one I am really excited about this project that's coming in this area but I actually have a question for staff so I believe more about six years ago a traffic study was done a traffic light was approved right here at the corner of Rocky River Road where this development is going but there has not been any movement and this area has had a number of developments and there's a multif family development that's almost completed behind it there's been a number of accidents when is is this traffic light going to actually be started on and or installed for this corner see answer that thank you so um the developer as far as we are aware is moving forward with the traffic signal at that location um this was the larger development um that from this past year I believe um so I don't have a time frame but it uh they are moving forward and as part of the the current uh rezoning we have uh made some accommodations to make sure that all the turn lanes and uh everything can be accommodated for that signal to go in so it's in the works but um have to follow up on a Target date for you okay when we say it's in the works if my colleagues support this tonight and we move forward are you saying that you're trying to coordinate between these two developments because that light again was approved some years ago so I just want to make sure for safety wise as we move forward with creating this that we have clear Lane turn Lanes as well as that light and a timeline on that window so the this development does not have any obligations to construct the the light um but the approved development does have that traffic signal as a commitment uh and so for them to move forward they have to construct it but uh you know we don't have a timeline for development and they would just have to complete that prior to um their CEOs being released and so uh it's just something I would have to follow up on a timeline for that because we don't we don't one we don't control the developer schedule and we haven't had an indication from them uh on their target date but there has been ongoing discussions and that development as far as seedot is whereare is moving forward thank you um I'm going to ask for our representative from the attorney's office to make a note please for the attorney that we do look at language that does have a timeline for traffic lights moving forward cuz now we going to have this development that is going to be started so capturing this information to get to the manager will be very helpful so that we can have Clarity cuz I was not under the I guess I missed the memo that developers don't have a window in which they need to install a traffic light especially when we have had a number of accidents but I am excited for my colleague for this development cuz this Falls right in that window of our faith and Housing Initiative with where our religious institution has redefined and joining others with utilizing land to address the needs we have in the community thank you protim thank you Miss mayfel Miss Johnson thank you mayor protim is the pastor in the building today I don't see Pastor Matt okay well I just want to congratulate uh this church this faith-based organization I'm excited and honored to support as you as you spoke we are you know transforming the faith-based initiatives and this is just a really great opportunity so I'm looking forward to supporting the this project um in the collaboration with the development developers and the faith-based um Community I hope to see a lot more of this so I will be supporting thank you amen thank you Miss Johnson uh we have a motion a motion and a second all in favor to approve agenda item number 22 please raise hands any oppose that is unanimous we'll move on to agenda item number 23 petition number 202462 by Otis Crowder the location is 7.4 Acres along the southwest side of Brook Boulevard and the Northeast side of Fred D Alexander Boulevard in District 2 Mr Grahams District the current zoning is ml2 proposed zoning is IMU CD the zoning committee voted 60 to recommend approval of this petition and staff recommends approval as well there were some modifications made since the hearing I would like for you to review them please sure thank you the the following changes were made after the zoning committee's recommendation one they labeled and dimensioned the curb and gutter as measured from Center Line of Fred D Alexander and Brookshire Boulevard on the site plan two they updated the a conditional note under General provision 8B to reference article 20 of the Udo and they showed Heritage trees and trees that are within the right of way staff uh believes these changes are minor and do not warrant additional review by the zoning committee thank you is there a motion to not send back to the zoning committee so move second all in favor raise hands any oppose that is unanimous is there a motion to to approve and adopt the zoning committee's con statement of consistency for petition number 202462 Mo second I have a motion in a second any discussion Miss Mayfield thank you and I have this question is really for staff to help me understand this site plan Amendment contains the following changes modifies Transportation note what is that 8.3 to not require dedication of lbby way white of way until such time as Development Area C is constructed and a connection through leby way is made if ever 2 this shall override excuse me my apologies I jump right on down to 24th I believe now I know what we're going to talk about for the next one we going to come here my apologies I I jump straight the 24th okay ready any any comment on number 23 miss mayi any other comment on 23 no hearing none all in favor to adopt and approve raise hands any oppose okay we'll move on to it agenda item number 24 petition number 202478 by TriPoint homes holding Inc the location is 46 Acres along the northwest side of Levy Way north of Monroe Road and West of Commonwealth a in District 5 Miss Molina's District the current zoning is ur2 CD proposed zoning is ur2 CD Spa the zoning committee voted 60 to recommend and staff recommends this petition as well is there a is there a motion to approve and adopt op um I petition item number 2024 and is there a second second I should also explicitly State and adopt the zoning committee a statement of consistency there is a motion in a second any comment Miss Molina thank you Madame mayor ptim and um colleagues I know that you'll recall I hope you recall I sent you an email um and I went into as much detail as I could providing um the details around this particular petition basically what we're talking about is amending something that was existing because there was a um there was a um an understanding that there would be a uh a road from an existing dead end over to a neighborhood I even included pictures um it's kind of like an embankment with water uh and this was an EXT extremely narrow way so basically what um staff if I'm not mistaken is asking that we actually keep it as it is basically to maintain the amendment and the Integrity of that area cuz it it can barely when I went in to look at it myself I couldn't even make a three-point turn to get out of the street I literally backed my car up to a side street and turned around and left that's that's how narrow the street is um and so it it is absolutely positively in no way conducive to three-way traffic um and so that's why I took the video and sent the pictures and went to go see it myself um and there was a there was a large community showing everyone on that street showed up just for a community meeting um you know to express their you know concern and it's a very valid concern and so um my motion is to approve um the amendment that staff recommends because this this area is just not conducive I agree with the previous representative Matt Newton um it is just absolutely not conducive for throughway traffic um in in any way I mean you'd have to widen that street substantially there are already residential houses there um and there's nowhere to widen it like there's nowhere to even take it to where it could support throughway traffic so um I I agree with staff I agree with the zoning committee I agree with the community um and you know the community members if you're watching thank you for reaching out to my colleagues and expressing your sentiment you know that goes a long way um and thank you for taking the time to come out and meet with me so um colleagues I ask that you support me in recommending that we tie this up so that you know trip point homes on the other side of this Creek can move on with their petition okay for you sure thank you thank you Miss Molina any additional comments hearing none all in favor to adopt and approve please raise hands any opposed that is unanimous thank you that completes our portion of decisions for the evening and we will move on to our hearings and the first hearing is agenda item number 25 petition number two 22482 by the city of Charlotte the location is approximately 7.05 Acres located along the Northwest side of South Trion Street East of West tiola Road and south of Billy Graham Parkway in District 3 Miss Browns District the current zoning is in 1B proposed zoning is cgcd staff recommends the approval of this petition upon resolution of outstanding issues related to land use and site and building design and after staff's presentation um we do have someone who has uh signed to speak in opposition so after staff's presentation Francis McVey are you still here okay you can make your way down you will have 10 minutes to speak in opposition Anderson before we start with staff I want to note for the record with the city clerk that I'm getting ready to head out so even though we're going into the hearings I want the note to reflect because I just have a family related text message so I'm leaving but I wanted that to be noted in the records absolutely no problem thank you Miss may feel and be well uh best of luck you have 10 minutes okay staff would you proceed with your presentation thank you this petition is just over 7 Acres located on the northwest side of South Tron Street East of West Tyvola Road and south of Billy Graham Parkway the site is vacant and is situated between the Jeff Adams Tennis Center Renaissance Park and the York Memorial Cemetery current zoning is n1b proposed zoning is cgcd the 2040 policy map recommends parks and Pres reses Place type you don't need any this is a tier one rezoning with development standards but no site plan the development standards specify that the use is limited to animal shelter animal care facility and accessory uses as permitted in the CG zoning District commits to providing a minimum 25t Class B landscape yard with six 6 ft tall opaque fence along the southwestern property boundary and a 10-ft Class A landscape yard including 6ot opaque fence along the northeastern property boundary states that the outdoor exercise area will be located toward towards the northeastern property boundary to lessen impacts to the Jason tennis courts staff recommends approval of this petition upon resolution of an outstanding issue related to site and building design it is inconsistent with the PO policy map recommendation for parks and reserves Place type however the petition would provide relief for Charlotte meinberg animal care and control which needs additional space for Sheltering and rehousing animals the development standards accompanying the petition limit the uses specifically to animal shelter animal care facility and accessory uses the petition commits to providing a 25t Class B landscape yard with 6ft opaque fence which exceeds ordinance requirements along the southwestern property line to mitigate impacts to F Adams Tennis Center Additionally the petition commits to locating the exterior exercise area in the northeastern corner of the site opposite from the tennis courts while the proposal was inconsistent with policy map recommendation the petition would address the specific Community need on property owned by the city I'll be happy to take any questions following the petitioners comments as well as the comments from the public thank you is there some a representation from um housing Neighborhood Services who would like to present in addition to what's been presented you you have the opportunity to present in addition if You' like to speak to it you will have 10 minutes to present okay thank you thank you with that then we'll turn it over to miss McVey and you also have 10 minutes as well thank you counselor my name is Francis McCree and I'm a native of Charlotte my whole family was raised here and my question I have two first of all what kind of effect is this going to have on our value to our homes in this area is it going to bring our property value down second of all that area back in the in 72 used to be the city dump uh they had classified that area at one time as being only useful for something like a golf course because of the methane gases that's down in that ground that's been there that they started putting in the 20s over there making that a dump now how is that going to affect some years ago somebody came through a little light a match and they had a blow up over there so I questioned them about how deep did they go down in that ground to test that soil because that was the city dump and that was in 72 too which ain't but 50 something years ago and that stuff they everything back then they was experimenting with all kind of stuff and that's where all the Landfield went to I have those concerns about that that land over there and the neighborhood around us okay thank you you have more time if you had any additional points that's all I have to say because oh and do y'all realize that we are s on a earthquake Vault Charlotte sits on an earthquake Vault we have not had earthquakes until 2004 when everybody started doing this development I think y'all need to consider the land that it was laid out years ago before y'all accept all these people coming in doing stuff just because it's land sitting there it's a lot of things Charlotte has and there's a lot of swamps and quicksand which most people don't know about quicksand but is quicksand around in the Charlotte area so I think y'all need to research the land area of the history of Charlotte before y'all commit to going here and just letting all these people come in and dig where they want to because we did not have earthquakes like like we've been having since 2004 we never did have them like that in the storms and stuff so I feel like it's got a a problem with y'all messing with the the land of the uh the earthquake fault that we sitting on and my husband used to work for a gasoline truck and he had a hazmatic um license so that's how I know about the the gases down in that ground that you can't just dig up certain amount because when they would have a a a spill or something they had to work quick to get that gasoline out of that ground and they had to go so many feet down deep into that ground to make sure that they got all of it but methon gas is different from petroleum gas so it goes further down and it's trapped down over in there because it has no way out they buried all that stuff so I would like for the city council for y'all to start considering checking out the history of those areas where people want to build stuff to make sure it's safe for them to build because our ancestors was doing stuff that they that they use that land for stuff like that and most people don't even knew about it so that's my concern and the neighbors around the area thank you thank you Miss McCrae we will have uh someone we're taking notes and we'll have someone follow up to uh address your concerns that you've highlighted from uh neighborhood and Housing Services yes are there any comments yes I do miss azir so thank you staff you have rebuttal time do you do you want to provide response to miss mccre concerns or do you want me to ask you questions specifically the the the the person to address he's ready to this is Bruce Miller with the city of Charlotte General Services right so cmpd specifically General Services yeah okay um followed after his rebuttal I have some specific questions but I'm hoping your rebuttal will address my concerns hopefully so so so so hang on okay um people at the meeting I was there I'm next when she finish yes yes so do you feel comfortable to be in a position for rebuttal because you did not you didn't participate minute yes ma'am I'm fine okay so you will have two minutes to present a rebuttal and then we'll go into the addressing specific questions so you have two minutes now okay thank you uh just want to say that uh we do an environmental site assessment on the properties before we actually look at the possible property to develop on and we did an environmental phase one site assessment on the property uh to see what's the any type of contaminants on the property we do realize that there was a junkyard on the property and there was a service station back in 1950 from 1950s to 1980s and so we did that assessment and because there was a uh pass uh service station on that particular property we did an environment of phase two to make sure that there was no contaminants or petroleum or things like that on the property so we did that study as well and we did not come up with any potential uh chemicals that would be harmful or that would be detrimental to the development of this property and there has been some methane uh gas uh leaks within the Renaissance Park area but this particular property didn't have didn't have any uh evidence a methane gas leakage on this particular parcel of land thank okay you have you have 50 five seconds left if you'd like to add anything else I'm good thank you okay great thank you I appreciate you being brief and straight to the point I appreciate you addressing Miss mccree's concerns uh Miss McCree thank you for coming out to speak and telling us about the history of this site which many of us were not aware of I know indeed um I appreciate that and based on staff's response I feel comfortable that they have done environmental phase study and they have done two of them and they have found no methane gas there is no evidence of it um is there a report that you can share with Miss McCree yes ma'am that's reports that I can provide for her and I know that Miss mccree's turn to speak has passed so I would uh if you can have a meeting oneon-one with Miss McCree and any of her neighbors if they have questions or concerns because these are some valid concerns es especially because they have lived in this neighborhood for a long time so uh some of the concerns around contaminate contaminants we got to make sure that we are they are being addressed um so I will uh I know that your District representative will follow up with you and I look forward to getting an update and if you could share both of those reports that were produced on this site uh that will give us an insight into the process yes ma'am I also um attended a community meeting also with the community in the area on this past Thursday in that opportunity to meet the community and express to them um the status talk to them about the status of the project and uh you know basically get them gave them information concerning where we are and what we were doing concerning the project at that time I did convey that we had done Environmental Studies but I will make sure that m m gets the information that you have requested thank you so much I do know that animal care and control facility has is something that the community has been asking for for a long time we have heard at almost every public hearing someone advocating for that so it's good to see some progress on that and I know District representative has also championed that as part of her advocacy so I look forward to seeing this come to fruition um thank you thank you thank you Miss Johnson and then Miss Brown thank you I wanted to thank the resident um for coming out as well that's that's great information thank you for providing that Miss McVey um I noticed in the report that there may be a report from the county it says C advisory comments at www rezoning dorg and so Liz is going to look that up for me because it's not included in our book but I think that that would be something um and I can look that up but if the public wants to make sure that they look at this information because the we did we looks like we have a report from the land use and the Environmental Services Agency from the county so I'm interested in in looking at that as well when we have these type of issues that are out front like this this might be an opportunity to make sure that we send Miss McVey a copy of that this report as well from the county I'm not sure what it says because it's not in the book but we're looking this up now but I think that's important when we learn about the history uh of a site like this so thank you sure sure and we have um a MMO from land use and Environmental Services Agency for each rezoning petition right thank you thank you m brown yes thank you so much Madam mayor so yeah there is an extensive um history with animal shelter and I have Champion um this project I've spoken to a lot of community members been engaged heavily engaged there is some opposition there's some strong opposition um from some community members the meeting that I attended was one of the highest meetings that I've seen in a long time over 100 and something members attended that meeting um initially I know it's 94 in the book but it was 10 and something community members that were concerned um and wanted to express their concerns some for some against I would like to um definitely have a copy of that report and also bring um to the day is and for the record that I had spoken to a couple of community members that had concerns and I plan to meet with them they had the same concerns that Miss what's her name McCree Miss Francis McCree Miss Francis I don't know can pronounce the last name for the racket Miss Francis that just spoke and just left so I'll be interested in getting that report so I can give them that feedback CU I'm going to congregate with them and see what their other concerns are but this is something that I look forward to supporting that we can work it out and make sure that we get the information out be transparent with the community um intentional and up front about what our concerns are and address them accordingly and appropriately what their concerns are and address them accordingly and appropriately so I do appreciate you giving us that feedback we want to make sure that we are doing that and being very intentional with the community they're very very active and engaged in this area and so as their constituent representative I want to make sure that we're all singing the same tune and that we're on Common Ground when we move forward so that's all I have thank you so much thank you Miss Brown if there are aren't any other comments is there a motion to close the public hearing motion to close second motion and second all in favor raise hands that is unanimous thank you we'll move on to agenda item number 26 petition number 20248 83 by the city of Charlotte approximately 324 Acres located along the north side of Park wav and the east side of PM Street and approximately 97 Acres along the west side of Pam south of parkw a and district one my district the current zoning is ur3 CD and CG the proposed zoning is in TOA staff recommends the approval of this petition and after staff's presentation uh miles Bain and Ronald Mason will have 10 minutes to speak in the affirmative and Brandon Brandon Gary and Doug f are you present Mr F and Mr Gary you will have two minutes as well and then uh the petitioner will have two minutes 10 minutes and then the petitioner have a two minutes for rebuttal thank you thank you this site is made up of two Parcels one parcel is along that north side of Parkwood Avenue along the east side of Pam Street and the second Sou Parcels along the west side of P Street just south of Parkwood Avenue this is situated in the broader bwood Belmont neighborhood in an area where we're seeing more densification in terms of our residential uses as well as a diversification of entitled uses to include uh especially commercial institutional and arranged uses this Northern parcel the nor Northern parcel of the petition is then General commercial and the southern Parcels currently zoned Urban residential three conditional and that's as a result of a 2020 resoning for that southern parcel as well as the site that's located at the corner of Parkwood Avenue and PM Street just to the north of this Southern parcel the request is to take these two Parcels to Neighborhood 2A a use that a zoning District that would allow for single family multif family and limited commercial uses this request is consistent with the policy mons recommendation for neighborhood 2 on the southern parcel but it's inconsistent with the neighborhood one place type recommendation along that Northern parcel this is a conventional petition so there's no Associated site plan the petition is partially inconsistent with the 2040 policy map and although that map recommends neighborhood one for the parcel along the north side of Parkwood Avenue that place type designation does not align with the existing General commercial zoning on the property nor the surrounding zoning much of which would permit multif family or commercial uses the abiding properties to this law are developed with a church convenience store and single family homes and this parcel along the north side of Parkwood Avenue is a corner lot adjacent to CG and INB zoning which would be an appropriate site for the application of a more moderately intense residential zoning district and the subsequent neighborhood 2 Place type change that would occur on this Northern parcel both Parcels in this petition would be well served by transit options that they as they are both located directly along a bus route with a bus stop within 200 ft of each site it's also just a little over a half mile walk away from the Parkwood Avenue station along the blue line and also a half mile away in either the East and West directions of an activity center which would include goods and services for these neighboring residen there's no there are no Associated um there's no Associated site plan there no outting issues at this time staff recommends approval of the petition and I'll take any questions following petitioner and public comment thank you Mr vau or Mr Mason are you present excellent as you come down to the podium you will have 10 minutes to present Madam mayor protim council members staff and Zony committee members good evening uh my name is Miles vaugh I am the Strategic partnership manager for the city's Department of Housing and Neighborhood Services uh this evening though I'm Dawning a petitioner cap and that's the lens within which I will share with you our thoughts on this initiative and this resoning petition you may call that the nest commission one of the recommendations made by The Nest commission was that of utilizing accessory dwelling units as a means of addressing the city's affordable housing needs there and what that recommendation is based upon a couple of fundamental references there one of which is enables us to sort of check two boxes one box is the by renting out that accessory dwelling unit to a low to moderate income household we're addressing the dire need for affordable housing the other box that enables us to check is that with this pilot that we're launching if the home the primary residence is owned by a low to moderate income household they will share in the rental income generated by the accessory dwelling unit thus enabling them to have an economic Mobility pathway right now the pilot consists of seven sites that we preliminarily approved there two of those sites are owned by existing low to moderate income households another two of the sites are owned by an owner investor who currently has a primary residence that's being rented out to a low to moderate income household and the remaining three sites are sites that are city-owned sites on which we plan to build both a brand new primary residence as well as the accessory dwelling unit the intent is to sell the primary residents as well as the accessory dwelling unit to a low to moderate income household that's a household at 80% of the area meeting income or less we've identified sites that are city- owned sites there because we feel that that's in alignment with the Enterprise Foundation recommending that the city utilize our own Assets in this case our city owned property to help address the need for affordable housing as a result of that City staff has worked closely with the current homeowners that are on the homeowner site the owner investors as well as reaching out to the community to make them aware of our intentions for the construction of a primary residence as well as an accessory dwelling unit for the city owned sites we've taken a look at several studies and S several models that have been utilized across the country whereby accessory dwelling units are used in a similar fashion and what we've done is take another step further with regard to not just providing the appropriate assistance and Zoning the site as well as making sure that the resources are available to the households that intend to utilize an accessory dwelling unit but we've also worked closely with others with regard to leveraging this particular model so that we can glean from it best practices that can be utilized and rolling out a fullblown accessory dwelling unit program so as a result of that as I said I'm Dawning a petitioner's hat and staff and housing enabled Services is in full recommendation and support of our colleagues in the planning department for approval of this petition thank you sir um if you you'll hang out a little bit you'll have two minutes for a rebuttal U Mr Gary and Mr F would go first no you have to come down to the podium please and once you come down to the podium then you'll have 10 minutes and you all have 10 minutes in in aggregate so if you both would like to speak you should both come down and and share those 10 minutes thank you the podium right there is fine is there a plug for laptop here no no all right well it's fine I gave you literature and I can just kind of speak to that okay they should be able to bring this up yeah cuz I didn't think that I could present he did I don't believe that there there's a plug there is there a plug no I mean they should have it up there if they had a copy that right here no I want to share my screen yeah oh it's okay yeah it's fine I don't take these print outs do you yeah you take the print out okay we'll have the we have the printouts go right ahead perfect perfect so um hi Council people thank you for hearing me um I didn't realize I was going to have 10 minutes but I do want to preface this with I've been to 87 countries I currently live between here and Germany I've seen a lot of Equitable development um I currently work at Microsoft I started the HBCU uh Reach Out outreach program for mentoring college kids because we would only go to you know uh ivy league universities and that just seem unjust so I heavily believe in affordable housing and Equity um but I think we we could do better with the people who already exist so thank you for this opportunity to speak um I want to start by saying that you know everything I just said about traveling and seeing development I think decisions that we made today would be critical for tomorrow um I believe the necessity for affordable housing I also believe in making holistic decisions that are both diverse and Equitable for all neighborhoods in the city um also keep Belmont flat um I'd like to focus my time on feasibility land use and how The Not So gas stonia neighborhood of Belmont in the city of Charlotte has evolved this neighborhood has progressed from a time where unjust legislation was passed via the redline District which was at the time of the government experiment that resulted in people succumbing to Generations of of renting after that Habitat for Humanity and Government Assisted Living began popping up to which unfortunately crime became a problem um I spoke with Belmont Police or the police in Belmont and they told me that it went from a priority 7 neighborhood and policing to now Priority One we're now at a point where private citizens and developers have revived this neighborhood to the point where both the Old and New fabric collaborate to maintain and continue to improve it currently without government intervention um today we have another government experiment and we don't understand how if it doesn't work how it'll be cleaned up and I think it will leave people worse off where they started than where they started affordable housing is not just the home but it's taxes maintenance and being able to budget for life's M mishaps this includes having access to walkable businesses transportation and external factors that make living affordable they address Transportation but I'll get to the business part lastly several people agree that the government should be investing in the problems that already exist amongst our beloved neighbors such as those displaced by gentrification which has been a result of the free market through gentri though gentrification is a de demonized term it has made the neighborhood safer and we should be focusing on those who need assistance to maintain their current livelihood in a neighborhood that they've watched and waited to flourish after After experiencing the 15 years of a government experiment now to the land use the house young days of Belmont made it the first Resort for government experiments today Belmont is no longer the best location and beckons for commercial when comparing land used to other neighborhoods Belmont is buses only sure you can walk to the it's mainly buses but sure you can walk to the train station but if you can't walk then you'll have to wait for those buses I've toured the other neighborhoods to get to local Bus and Train in Villa Heights it takes less time it's a 4minute walk Nota obviously you guys just built a really modern bus uh train station and it looks fantastic also less of a walk uh Plaza Midwood only has local train but still you can get to downtown local breweries uh Domino's Pizza so on and so so forth South End being the best location for affordable housing has buses and trains that run all throughout it percent of land use for affordable housing currently in Belmont showing the history just looking at the data we're 15% of affordable housing by land use Villa Heights is 83% Nota is 2.3% Plaza Midwood is 1.3% southin is 1.4% which also has the most commercial and opportunistic um availability for restaurant access where people can have affordable housing and their children can go to work to supplement income as well as well percent of land used for commercial 1% uh Villa Heights 3% Nota 5% Plaza Midwood 3% South End 10% so the takea away from that is we have the least amount available commercial and walkable entertainment in Belmont the result is that Belmont is not so walkable neighborhood for things such as groceries retail and restaurants where people can work shop and run errands but it has it also has limited access to Transportation as well as very high property taxes for every neighborhood and again I walk through it and I can send you the detailed presentation to your emails if you like them um with the outlines uh for the neighborhood that's erected the most homes it's been Belmont every home that's been sold at a high uh value in southan has been a home that's already been existed or rejuvenated but it is not a modern home and so for all the reasons above that makes our our location least ideal and it shows strongly that Belmont needs more commercial which this would take away from because we're going from ur3 CD to n2a um lastly I'd like to say this is also currently the most expensive land in the Local District it's kind of like Boulder Colorado Boulder Colorado can no longer expand they're locked in by a superior in the mountains so when you do that if the next tax season comes around you're looking at these people paying anywhere from 900,000 to1 1.2 million in taxes if they can't afford it then we have to subsidize that tax payment as well uh as well so it's not necessarily a one-time thing you have four minutes left in case this other gentleman wants to thank you and um so that should be used efficiently to support the current inhabitants of the neighborhood our elderly and sub subsid subsidize their tax payments and so on and so forth thank you he good evening good evening good even evening I appreciate the opportunity your name for the record sir I'm sorry can you state your name hey my name is Doug fa thank you Doug appreciate the opportunity to speak to you uh I'm from Charlotte my whole life we've owned a home in the Belmont neighborhood for over 10 years um so first of all uh I'd like to acknowledge that I agree with his point of view and the things that I've read through what he gave you and it's researched uh and it's a strong argument for questioning whether our neighborhood is a good fit for the high density lwi income affordable housing proposal on these small properties right here sure Charlotte needs affordable housing absolutely uh but having too much located all in a similar area creates negative issues higher crime rate behavior issues increase and we're already seeing this in our neighborhood now the reason being is is that Belmont neighborhood already has one of the highest percentages of income housing in the city there was a a shooting one week and then a murder the next week just about a month ago within eyesight of these two properties in fact just before Umstead right over there um there's a better use for these properties for the city of Charlotte we don't need to be taking away commercial property uh and uh turning it into residen is um we need more business in our neighborhood and taking a commercial property away is not the best use on top of this I want to mention that the PM Street property to build the Adu in the back that they're proposing you would have to destroy 150y old Heritage oak tree the oldest oak tree in our neighborhood I do not feel that felling such a beautiful tree is acceptable to test a pilot program such as this killing a tree that's been here longer than all of us to test a program I don't think that's the best use for that property in closing I love our neighborhood of Belmont and would love to see our neighborhood Thrive I do not view this petition as in line with that hope therefore I am not for this resoning request and ask that you review my neighbor's ideas for better use of this land thank you very much for hearing thank you thank you as well 10 seconds uh you have a minute and 25 seconds left if you want to speak um we a few days ago we came across a kid um who was homeless because of you know the the increased prices and uh it was in the seagull apartment and you know as a neighborhood our heart pours out for people who are being impacted by these issues and so when you look at the Delta and what it cost you know 38 ,000 to get in but in labor and materials you're talking about $750,000 we would prefer that $400,000 to go to someone who's seen this neighborhood flourish and help them stay in it you know cuz I mean it's heartbreaking you couldn't imagine if you invested in this neighborhood and find went through all of the trials and tribulations made it to this point you know where where it's I guess private development I know as much as they it but it's gotten to this point because of that investment because of us cleaning up because of the neighborhood actually saying we want this diverse and I would like you to look at this page two and really take that to heart because it is a very diverse community of uh modern and you know rejuvenated homes so thank you thank you thank you you have two minutes for rebuttal thank you well first and foremost we would staff would like to really wholeheartedly embrace and acknowledge the passion that the community has expressed with regard to these the proposed uh resoning of these Parcels there we met with them we had a community meeting in fact we had two Community meetings when we were only required to do one actually there and we really took to heart their comments and recommendations one of which was that of we want they wanted to make sure that whatever we built on these sites was within the character of the community and if you drive through that Community you know that most of the homes have a craftsman style development There features we went to the Builder and made sure that the Builder amended the plan so that the proposed primary residents as well as the accessory dwelling unit will have those characters so much so that when you see them you will think that they will blend they blend right into the community and were built along with the other products that are there there so that's one thing we took to heart there the other with regard to the concern about whether or not the households that will live in these households and these are forell so they'll be sold to low to moderate income households whether or not they would be able to withstand some of the challenges that is felt within a dentifying area there increasing property taxes increasing home values as well to which we emphasize the fact that everyone that purchases a home that's financed by the city utilizing city-owned funds particularly the house Charlotte down payment assistance program has to undergo a pretty rigorous house home ownership counseling initiative home ownership counseling training as well there so we just want to let you know that we're going to prepare them for those challenges of home ownership okay thank you thank you do we have any comments I had Miss Johnson first and then miss azir okay thank you for the presentation miles thank you and thank you Mr Gary and Mr fa for your comments I have a question about the Adu pilot so this was presented in the housing committee um and I I think it's a great idea but I had a question about the breakdown about how many were homeowners or and versus developers and where those locations are I think he brings up a a great point when you talk about this area having changed so much there have there are original owners that have weathered the storm and were there before before the the Redevelopment or gentrification if you will so I'd like to see and I don't know if you have the information how many units are I mean how many um developments is it seven there are seven sites okay of actually on that site at this time two are sites that have an existing structure but it's owned by an an investor and they are renting that uh unit out to a low to moderate income households and the remaining three sites are City owned sites now each one of those three city-owned sites there will be built an accessory dwelling unit as well as a primary residents and the intent by partnering with the local community based organizations would be that of giving those residents that have historically lived in the area or would like to move into the area be given consideration with regard to to the vetting process for selecting who actually purchases the resid So when you say local um Community organizations Community organizations are going to be the developer of the three city-owned properties no they won't be the developer but they will partner with the city in terms of identifying and vetting potential buyers of the accessory dwelling unit and the primary residents so one of the things I want to consider from an equitable viewpoint point is in this city I mean it's a thriving City but it's a city where the rich get richer right and so we want to offer opportunities from an equitable perspective so I appreciate that there are two homeowners that are going to have this opportunity but who's getting the city owned sites who's getting that city- owned land and I and I've asked this question before cuz we've done this before so who has access to the city owned uh to the city-owned site so i' really like to see a breakdown of of the sites versus who the developers are on that site I think we should look at that from an equitable perspective and really look at the opportunities that are being given across the board we can get that information to you but note that the three city- owned sites will be sold to a low to moderate income household they will not be sold to a developer they will not be sold to a higher income household as well and that's great from a uh purchase but what happens when we look at Upward Mobility what about these developers There's an opportunity for um you know a a small developer also to get that opportunity so I I like the piece of the pie for the homeowner but there's also an opport opportunity for a piece of that pie at the developer level so that's when we talk about MB mwsb and all those opportunities let's who are we offering this development to um City own City own land this very desirable land so I'd like to see that okay W taken yes ma'am does that address some of your concern Mr Gary um I think you brought up a good point about generating wealth um we've had several people leave the area uh one home that sold for $800,000 2 and a half years ago just so for 1.24 unbelievable and so when you tell me that there is going to be this tax control um I think there are some there are some things that are not controllable um in terms of that there's just external factors that you have no control over um I I do have a few questions so This falls under FHA correct hang on hang on sorry hang on so you're not meant to ask questions to him okay and you guys can certainly connect afterwards it sounds like you you're you've already been in conversation but this is just the opportunity for council members to get the information yeah so so so then just to address your point you know hold on hold on one second and I also want to U Remind the Council that this is a conventional petition and so we uh you have to be very um careful about getting into details about exactly how the site will be developed absolutely okay I appreciate I appreciate that but I'm asking from from the p as far as the pilot the information about the pilot thank you for that okay okay you're asking me about the pilot is that what I was asking him about the pilot I was asking you if if if that was part of your concern you know the building the wealth and just equity and all of that but what I would suggest if you and you can finish answering my question if you like but I'd also suggest if you send an email to council or to Mr um to Miles I'm sorry I can't think of your last name right now v v okay to Mr V and copy city council as well to make sure you get all of those questions answered yeah and I mean honestly I think it's best that I just even schedule an email to sit down because I can talk more um to answer your question no it it doesn't I think right now we are the why I say keep Belmont flat is because we are in an oasis in the city and so we have the opportunity you actually have another petition for Belmont and Allen uh I think on proposal um that is our city city center and what I think is this is the most diverse and Equitable and inclusive situation that America could ever see you literally have people who've come from all walks of life and obviously they are successful and and we welcome the current lowincome and affordable housing that already exist if we have a city center we can come together and it's it's an opportunity for minorities who've never had access to this level of wealth and these people are kind to start learning how to gain mentors they're in their neighborhood I have a nephew um he's learned how to trade in college and I tell him all the time college is the best time to build your network you don't have to worry about your water bills you don't have to buy your way into a country club you have access to every socioeconomic class in America so if you want to you if you want to have an experiment um Anderson my recommendation is build a place where we can all come together and even myself as I'm a mechanical thermal firmware architect at Microsoft I would love to have a place where I can see young black men males or Hispanic males or whoever and say hey these are the things you need to get through the college we don't have that in Belmont in fact it doesn't exist anywhere in the city if you go to South then people go to do their bro stuff and party you go to Nota yeah they're Equitable but it's mostly just hipsters in art in Belmont we are a Melting Pot of socioeconomic class so why not take what we have for commercial and give us a spot to integrate so for your next wave in generations of people you can start being able to have a labor force for all the technology that's coming from here and they don't have to come from New Jersey they don't have to come from New York or La so on and so forth you can have them born and bred in Charlotte and that's what I want to focus on in terms of commercial opportunity because we already have affordable housing we don't need more we need to cultivate the youth and the people who struggled through it and find a Melting Pot I will actually close here cuz I do want to hang hang you are you still answering Miss Johnson's question yeah that's what I'm answering I think we I'm say this is this is not what we need we need hold hold on hold on I I I recognize your passion but we do we there's an order to this and so uh the council member asked you a question it sounds like we're getting out of bounds of your question but of Miss Johnson's question but I want to ask Miss Johnson did you receive the answer well he he said no it doesn't no I don't I don't think he so so he's explaining why I think so yeah yeah okay so if you miss Johnson did you have any additional questions I don't have additional questions okay so what I would absolutely we have some more questions here um so just hang on but I would absolutely recommend that you send an email and share additional information but right now we're going to go to miss azir yeah thank you I hear the passion um but I know when we talk about Adu Pilots this is something we have talked about at the committee level and I know this is a land use decision and that's what we are to focus on um one of the speakers I believe it was Mr fost he brought up 150y old oak tree on the side I know that when udio was adopted and part of the reason why I supported the Udo was to preserve and protect our heritage tree so there is a Heritage tree protection is this uh is this a Heritage tree that they are referring to hold on Sir if you want to answer come down to the podium no no my question is for staff okay as part of their uh site analysis okay so this is a question for staff yeah I can confirm with urban forestry I don't want to make up an answer right now let me confirm with Orban forry and I'll get that answer back to you about the oak tree that they're referencing but we are aware of it okay so I think if you can also get back to Mr fost about whether that's a Heritage tree or not because there are preservation view that hold on Sir hold on sir I I'm sorry to interrupt you all but there's there's an order to this so you have to wait until there's a question being addressed to you directly outside of your time to speak so yes so as part of this process if you can share that report with speakers because that will certainly be a concern of mine if you're going to remove 150 year old Heritage tree to place a pilot uh that we are testing um so Mr fost I I see your passion around Heritage tree and I share that uh if you could just tell me how many Heritage trees are on the site and uh just one okay huge okay I that's all I need to know uh I'm not an expert on Heritage trees and I don't think many folks are here in this room are experts so we will have our uh and I want to add too this is those sort of analyses will be triggered in Land Development review processes so you mentioned how the Udo really strengthened our tree canopy laws that's all still intact during the conventional rezoning petition review process urban forestry can provide advisory comments when needed uh but all of these requirements still will kick in during the Land Development review processes and those protections for tree hanab all right so well I look forward to reviewing that uh Mr van thank you for your report and your work on this and uh speakers thank you for your passion and keep preserving and speaking of for those Heritage trees that's all I have thank you thank you Miss azir um are there any other comments okay I I just want to make a couple of comments thank you both for your passion around the Belmont Community um Belmont is the historical neighborhood very important to the city of Charlotte I spent time there uh when I was growing up with family members there so a very engaged Community very engaged uh neighborhood association and so thank you for coming out and addressing these issues proactively Mr v i I just have a couple questions there were two um Community meetings can you just speak a little bit about any push back or any any insight that came from those Community meetings you mentioned the Craftman style of the architecture and you went back to the firm to have that revised were there any other issues or concerns or or anything else that you would think would be of note for Council to know from those two meetings one of thing that was noted and discussed during the community meeting was that of one of the sites uh the one that's Zone commercial there was a uh recommendation that rather than put a single primary residence and an accessory dwelling unit on that site that we go with the higher density for the most part there this is the one that's on the corner of Pam and Parkwood there and the recommendation for doing so was that uh it's it a but somewhat of a commercial Corridor commercial strip along those lines there but at the same time there are other lower density types of structures along Parkwood as well there so it's not that our recommendation would be out of character but that was something else that was recommended or noted by a portion of the uh Community as well okay great along that Parkwood Corridor um there aren't any really um taller higher density buildings it really is a combination of single s family some small um small low low um height multif family and um not to your point sir not a whole lot of commercial as well specifically on the Parkwood um cordor so I do recognize that I would say let's continue to work with the community certainly get get the uh concerns addressed and please reach out both of you to counsel and to me and I'm I'm happy to sit down and and speak with you about it I will say the this particular um pilot is important to us and and we have to get this right we've been talking about adus as a potential tool in our in our toolkit to address um our lack of affordable housing and to allow residents the opportunity for economic Mobility through additional income and so I just want to make sure that we are doing the pilot it I'm absolutely for the pilot but I want to make sure that we get it right and that we're thoughtful about the location and the impact the concern about a Heritage tree that's over a 100 years old I I share that concern as well but what as staff has mentioned we'll get that information after we go through the assessment you rais an excellent point Madam Pro Tim and one of the things I guess that we should bear in mind with regard to a pilot is that's what it is it's a pilot it's an opportunity to test best practices we don't necessarily claim to have it nailed from the GetGo with regards to the pilot but what we do claim to do is put forth an effort to try to fine-tune and make sure that we take best practices the community involvement as well there as we roll out a fullblown program in that regard there so just something else to can thank you um unless there are any other comments is there a motion to close the public hearing come on second I have a motion second all in favor raise hands any oppose that's unanimous thank you both for coming out and thank you sir we're going to move on to agenda item number 27 petition number 2024 049 by shrii Hospitality of University LLC the location is approximately 3.96 Acres located on the northeast intersection of North trien and Hampton Church Road South of East McCulla Drive in District 4 Miss Johnson's District the current zoning is to o t n n1c proposed zoning is tocc Staff recommends approval of this petition and after staff's presentation the Patel you will have 30 uh 3 minutes excuse me um to address this petition in the affirmative there's no opposition thank you thank you as noted the site is approximately 3.96 Acres located at the Northeast intersection of North Trion Street in Hampton Church Road a portion of the site is improved with the hotel and the remainder is undeveloped this segment of North Trion includes a mix of Hotel office and Commercial uses easterly on Hampton Church Road are a few single family homes and a church the blue line runs along North Tron and the Mulla station is located approximately 550 ft north of the site the site is currently zon to which is Transit oriented development Transit transition and the proposed zoned is tocc which is a Transit oriented development Community Center the predominant zoning District in the area is tocc located to the west north and east of the subject site there is n1c zoning also present to the East and Southwest the policy map calls for Community Activity Center Place type for the subject site as well as all surrounding properties this is a conventional petition and proposes to allow all uses by W and under prescribed conditions in the tocc zoning District the petition is consistent with the 2040 policy map and staff recommends approval of this site as it meets the specified Udo ational criteria for application of the tocc Zone specifically the site is approximately 550 ft from the Mulla station along the lynx Blue Line The tocc Zone aligns with the existing and predominant zoning pattern in the area um and I'm here to ask answer any questions after you hear from the petitioner thank you Mr Patel you have three minutes good evening VI Patel attorney for shuji Hospitality University um I'm pleased to report there was no opposition to this position during petition during our community meeting our proposal includes as 97 room motel and the staff rightfully raised uh questions regarding this future future development plan for this site in response I personally reached out to councilwoman Johnson to address any concerns uh regarding this particular petition uh so I just want to address this forthright ahead of any questions I'm happy to alleviate some of those concerns with three key points Point number one this resoning is being undertaken a request of the lender uh the site was originally reasoned by Citywide resoning to totr which allows for multif family but isn't allowed for hotel motel use which is the current use even though it's grandfathered in the lender requested as you guys well know hotels are becoming more and more difficult to refinance during this economic condition therefore lender requested to alleviate any concerns and to prevent any issues during refinancing to go ahead and get reone tocc which allows for hotel motel use uh uh for this particular site uh number two there's no long-term tenants in this site so there some one of the concerns that representative Johnson had was displacement of potential long-term paying residents uh for this property for this Motel um however that wouldn't be an issue for this particular par because again it's going to continue to operate as a motel under under this owner um and in addition to that there are no long-term residents this a select service Motel there aren't any long-term residents like you see in some of the other motels I understand there were some other petitions in the near or recent past that had some concerns about displacement that again is alleviated in this petition and point number three there's no Redevelopment plans under this owner uh at this time so with that I rest to answer any questions regarding this petition thank you any comments Miss Johnson thank you for the presentation um is this this is like deja vu right we've T we've had this petition like three times recently and I can remember um councilwoman Mayfield concerned about approving something where we don't know what the future development might I think that's this is that situation I want to ask you can you define long-term when you say no long-term residents yeah of course a long-term resident in this Factor would be according to you know State Statute anybody that's paying member uh paying guests that's staying for 90 consecutive days or longer uh in this particular property they have a select service it's along with franchising they require a limited number of stays or limited stay uh in this particular case property has a very strict Ru uh nobody longer than 60 days so again there would be no longer long-term residents uh in addition to that this property also abides by some local request from cmpd to make sure there aren't any local folks staying at the property to make sure it's a motel in the very general sense is throughout you know folks visiting the city of Charlotte so they wanted us to respect that so we of course this property has respected that and has a very strict policy to avoid uh renting to uh local folks and to you know gear our operations towards folks visiting the city of Charlotte so we've spoken to our city policy uh staff about the need for anti-displacement policy for the hotels and motels yes I like the I like the way that you presented and you're able to say they're no longterm and we worked at cmpd so I'd like to incorporate kind of those questions or those requirements not require requirements but those considerations as we're developing policies um Allison if we if we can yeah so um yeah but we the the next question is do okay excellent I have a motion and a second to close public hearing all in favor raise hands any oppose that's unanimous thank you Mr Patel we'll move on to agenda item number 28 petition number 2024 075 by R arbo LLC the location is approximately 1.4 acres located on the north side of Pineville Matthews Road and the west side of Arboretum Drive in district 7 Mr Driggs District current zoning is 015 CD proposed zoning is cac1 CD staff recommends approval of this petition and after staff's presentation Mr gra will have three minutes thank you thank you um as you noted the subject site is approximately 1.4 acres in size and is located at the corner of Pineville Matthews Road in Arboretum Drive and it's currently improved with a bank the site is surrounded by the Arboretum apartment complex and this segment of Pineville Matthews Road contains a mix of office commercial and multi-dwelling development that transitions to single family development As you move Northeast the site is currently zoned 05 CD and the proposed zoning is cac1 CD the zoning surrounding the site is R15 mfcd which is reflective of the existing apartment complex there is also 05 and mixed juuse zoning present in the vicinity the 2040 policy map calls for the community Activity Center Place type for the subject site as well as a significant amount of property to south of the site the apartments are located within the neighborhood 2 Place type and as you move Northeast on Pineville Matthews Road the place type transitions to Neighborhood one The Proposal includes specific limitations on what could be developed on the site including limiting the height to 50 ft limiting gross floor area to 16,500 square ft and limiting the uses allowed to those that would be most compatible with the surrounding development pattern the petition is consistent with the community Activity Center Place type and staff recommends approval of this site as the proposed District as conditioned is compatible with the existing development pattern in the area I'm here if you have any questions after you hear from the petitioner thank you Mr grass good evening mayor protim members of city council and zoning committee my name is Nolan gross with Urban Design Partners representing arbo LLC on resoning petition 202 24-7 Teresa thank you for the thorough staff analysis you covered a lot of my presentation so I'll roll through this pretty quickly uh here is the Bank building as it exists today our 1.4 Acre Site located to the north of Pineville Matthews Road West of Arbor edum Drive and east of Providence Road some existing aerial imagery showing the existing structure along with parking spaces a dumpster pad in the rear of the site and Landscaping surrounding with existing foliage and two driveways located along AR bedum Drive the Charlotte future 2040 policy map does identify the site as a community activity center and then we do have conditional notes I will preface and say this petition started as a conventional resoning petition we held a community meeting and based on feedback from Neighbors having concerns about the by right development options we shifted this petition to a tier one conditional plan uh or tier one request so there is no site plan associated with the petition however we are limiting the primary uh structure to a maximum of 16,500 Ft a maximum Building height of 50 ft and limiting uses from the original 86 permitted or permitted with prescribed conditions to the 10 you see before you I'm happy to answer any questions that you might have thank you any comment I just miss ashir yeah just brief remarks um thank you for listening to the community and transitioning this to conditional and putting some of this conditions to address community's concerns I appreciate it thank you well that's all I have move to close second second I have a motion to close public Hearing in second all in favor raise hands any oppose that's unanimous so Mr gross I always want to call you Mr grass but it's okay it's gross I apologize for that you stay right there because you're you're next up for agenda item number 29 petition number 2024 077 by the DS Group LLC the location is approximately 15.81% Miss Brown's District the current zoning is n1a a Ando proposed zoning is n2a ACD a Ando staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environment after staff's presentation Mr grass you'll have three minutes thank you thank you this site is approximately 15.87 Acres on the east side of Sandy Porter Road South of Arrowwood Road and North of Steel Chase Drive it's currently developed with six single family detached dwellings building current zoning is N1 a a n d o proposed zoning is n2a CD a n d o so the entirety of the SES within the airport noise disclosure overlay the4 policy map recommends neighborhood one place type the proposal is for a community of4 multifam attached dwellings all units will be alley loaded provides a type c landscape yard which is 10 ft in width with a 6ft fence or wall along the southern property boundary we adjacent to N1 Place type list of possible open space amenities um features could include community pool open air Pavilion grilling area Splash Pad Sports Court community garden and dog park commits to several architectural and design standards including orienting buildings to present a front or side facade to all public streets usable porches and Stoops screening of HVAC and mechanical elements from public RightWay view commits to several Transportation improvements including a left turn lane on Sandy Porter Road at the Southern full access driveway extension of the existing Median on Sandy Porter Road to limit the northern driveway to right in right out and an 8ft planning strip and 12ft shared use path along the Sandy Porter Road Frontage staff recommends approval of this petition upon resolution of outstanding issues related to transportation and the environment petition is inconsistent with the policy map recommendation for neighborhood one place type however the site is to community Activity Center neighborhood 2 and parks and preserves Place types which are preferred adjacencies for considering a change to the policy map to Neighborhood two Place type the site is less than a quar mile from retail services and Office Park and bus stops for cats route 56 along Arrowwood Road the sze adjacent to a Kataba lands Conservancy Nature Preserve and across Sandy Porter Road from a future meinberg County Park proposed multif family attached dwellings would provide an additional housing option in an area identified by the Equitable growth framework as being in a housing Gap the positioner has worked with City staff to preserve a green area where adjacent of to establish single family dwellings to identify the amenity area and proposed features and to increase the setback of units facing Sandy Porter Road I will take any questions following the petitioner's presentation thank you good evening again noan gross with Urban Design Partners this time representing the DX Group LLC on resoning petition 20247 7 here's our site at Sandy Porter Road as it exists today as Joe Joe mentioned six single family detached homes there's an aerial the site is located to the east of Sandy Porter Road South of brown Greer and West awood Roads and to the west of i485 the 2040 policy map does identify this site as neighborhood one however as Joe mentioned during his staff report uh there are policy implementation guidelines that recommend the site as neighborhood 2 it provides a nice transition between the community activity center and the neighborhood one uh single family detach subdivision here's our resoning site plan I'm going to jump ahead to our render petition so here's our rezoning site rendering for petition 2020 4- 0777 proposing up to 194 multifam attached town home dwelling units uh we are committed as Joe mentioned to a myriad of Transportation improvements Plan East as you look at the screen will'll be providing a dedicated left turn into the site plan West will'll be extending the existing concrete median creating a right in right out turning movement so no no left turns from the northern entrance exiting the site we'll also be providing an 8ft planning strip and 12ft Charities path along the property Frontage as well as 8ft sidewalks within the internal public streets uh which are being developed to a local residential wide standard uh which allows on street parking on both sides of the streets which is why we have rear loaded this product to limit the number of curb cuts on the public streets allowing for additional on street parking in meeting with neighbors there was concerns and ially about not having amenity space an amenity area so we went back to the drawing board and we're now providing an approximately 35,000 ft amenity area which is on the plan West portion of your screen or the northern part of the site here's an image board for our potential amenity area as Joe noted we're committing to one of a myriad of amenities whether it be a pool and Clubhouse uh enhanced SE eating fire pits Community Gardens we also have some architectural imagery showing what could be developed on site this is a three-story product uh featuring a variety of architectural enhancements whether it be uh stone brick masonry uh and different accent features with that being said I'm happy to answer any questions that you might have thank you any questions or comments so for me Miss Brown yes so thank you noan for your presentation I greatly appreciate that I spoke with you prior um to presenting today I wanted to know um did you have any solid plans for The Amity area or there's just a collection of what it could be yes so was there any emphasis on what type of amenities they would like to have there the the feedback we're receiving is predominantly related to a pool and Clubhouse however the petition language currently leaves it open we are committed to the amenities space over we're we're leaving it open to a variety of amenities that could be provided within that square footage okay and so that's the outside one second let me look at something um and so I see that staff recommends approval after um the outstanding transportation and environmental how we addressing those there so there's three outstanding Transportation issues I have them in front of me it's it's some site plan cleanup uh adding I believe some additional labels and relocating a label along the front edge of the site we we mislocated those and the environmental issue is related to uh trees on site that's with urban forestry all right so I'll follow up with you right yes ma'am all right no problem I don't have anything else thank you move to call second all right I have a motion and a second to close public hearing all in favor raise hands any oppose that's unanimous thank you we'll move on to agenda item number 30 petition number 2024 080 by Dio Mambu corka the location is approximately 1. 658 Acres located along the east side of North Graham Street and the north side of Onida in District One my district current zoning is i1 CD propos zoning is ml1 Staff recommends this petition and after staff's presentation Mr Matt Fen you'll have three minutes thank you thank you this site is a little over 1 and a half acres along North Graham Street in an area that's predominantly de developed with industrial uses the site is currently zoned i1 conditional that was a light industrial conditional Legacy ordinance zoning district and it was a 2006 plan that permitted light industrial uses they are proposing to go to Manu manfacturing Logistics one which would allow for light industrial uses as well and this request is consistent with the recommended manufacturing Logistics Place type for these Parcels in the surrounding area it is a conventional petition so that there is no Associated site plan the resoning would allow for consistent land used pattern and remove and outdated Legacy ordinance conditional zoning from the site and shift the entitlements to a udio district that allows for similar uses but with preferred standards over the Legacy ordinance the site is not directly about residential uses as it is surrounded by other resent industrial properties however with Redevelopment on this site they would have to install a Class B landscape yard along its Onida Road Frontage given that there is neighborhood one across Onida Road staff recommends approval of this petition and I'll take any questions following petitioner comments thank you Mr Fen are you present please come down to this Podium and once you arrive you'll have three minutes good evening mayor good evening councel and the committee um yeah we're just uh looking we were stuck under the old Udo before the Udo got into effect so we we were um as you can see we were under the old ordinance with the condition um so we were recommended to go back through to get that remove the condition removed stay under the same it's just the ml1 is what we're looking for excellent and anything else you have I'll answer any questions if you have them excellent okay any questions to close there's a motion to close and a second is there a second thank you all in favor of the close and public hearing raise hands any opposed that's unanimous thank you Mr thank you Mr Fen we'll move on to agenda item number 31 petition I petition number 2024 81 by Caldwell Development LLC the location is approximately 461 Acres located along this northeast side of Castleton Road Southwest of Craig Avenue and Northwest of North Sharon AMD Road and District 5 Miss Molina District current zoning is n1a proposed zoning is in 1C staff recommends the approval of this petition and after staff's presentation Mr Bill Caldwell and Miss Stephanie Holland will have three minutes if you all are present can you make your way down to the podium please thank you thank you um the site is approximately 046 Acres located on the northeast side of Castleton Road Southwest of Craig Avenue the site is located mid block and is surrounded by single family development the current zoning is n1a and the proposed zoning is n1c this is a conventional petition with no Associated site plan the predominant zoning in the area is n1a however in recent years there has been an introduction of n1c for the lot immediately abing the site as well as ur2 zoning across the street and a little further south on Castleton Road the adopted Place type in this area is and nebor neighborhood one which is consistent with the proposed Zone The n1c Zone allows for smaller lot size and slightly reduced lot withd and setbacks when compared to the current n1a zoning this will allow the subject site to be developed in a manner that is consistent with the existing development pattern in the area while also facilitating the city's housing goals both districts permit the same mix of housing types and the proposed zone is consistent with the n1c zoning of the adjacent lot which was approved in 2023 for these reasons staff recommends approval of the petition I'm here if you have any questions thank you Miss Holland you have 3 minutes hi there my name is Stephanie Holland and um I am representing the petitioner I'm here to answer any questions as staff said the intent is really to um slightly densify the the neighborhood and remain within the lot types and the um Udo standards thank you Miss Molina thank you uh Madame mayor Tim I actually um when I was looking at this one I was um wondering about the neighborhood participation I know that there were five and this looks like a relatively small uh Street and area can you give me feedback since I I didn't attend this meeting and I didn't know um can you give me feedback on what that what that was sure what what the general discussion was yeah what were did you receive a favorable acceptance at that meeting like I think so yes um I think in general there was a I would say perhaps a con a concern about maybe a much denser housing type and then um when it became clear that it was really remaining as a single family use very likely that was the intent was to remain as a single family use I think the that was very favorably received so this is n1a to n1c why is this not supported by the current 20 240 plan why do we need to make a decision to make this happen if it's something that is it's consistent normally there's a transition from from what I understand or maybe I'm so there's a I guess proposed uh scaling of sorts that would allow certain things based on previous decisions by the 2040 plan why would why would this need to come before Council it's before you tonight it is consistent with the place type there is a menu of zones that are consistent with the neighborhood one place type um it's currently n1a zoning today which is that allows 10,000 ft lot size and certain setbacks The Proposal it needs approval to would be n1c which would allow for a slightly smaller lot size and reduced setbacks um so that's why it needs to come before you tonight it's not changing the the place type at all but but the density would change the character of this particular neighborhood I was actually looking and it looks like most of them are large single family lots except for this particular one and the immediate one adjacent so um I'm wondering what do you know n1a was or the one the lot that's immediately next door that was previously approved you said correct in 2023 okay so that was just last year it was approved yeah and is it in onec as well correct yes okay so this would be two n onec that are right beside each other okay um did I approve that I'm sorry last year so much yeah can you um do you know the petition number um I can get that for you certainly yes yeah I would I would need that I'd actually like to pass that along to my colleagues I um I'm I'm um I guess my question would be um I'm I'm interested in just making sure that this is something that the surrounding neighborhood is is okay with I mean I appreciate understand uh that this is still a a single family usage um but you know you think about changing the character of a neighborhood um and and look I'm one of those people with who I represent I hear both sides of the spectrum you got community members who love density and you got other community members who are just completely against it so I want to see what type of balance we have in this area since I haven't been you know involved involved in this I would like the opportunity to just you know be a part get a feel for what these neighbors feel and if they're okay with it then you know I could Circle back with staff in the meantime I would love that petition number yeah and it was pointed out to me it's actually on our screen it's 2023 086 okay it was what 2023 086 2023 086 would it help if we shared the um summary of our neighborhood meeting uh yeah that would be great yeah but I I still like I would be interested maybe you know if that's not you maybe that's staff our staff i' I'd like to get a general idea of where the neighbors are and and what their thoughts are around this petition before we make you know some some changes to their neighborhood because the reality of these decisions that we make is that the community members when they see the Z they don't I they don't know what that means and that was exactly yeah they don't and and when they reach out to us on the council uh it it's often when the process is here where or even Beyond here it's decision day right and that's not your fault right it's just trying to make sure that you know since this is where I'll have a little foresight I'd like to have uh the advantage of making sure that the community is is okay with it and if that's fine then we're good but it's just doing that due diligence you know before um you know we had a a a slew of emails on decision day that said you know vote no and that's where we get it from we get it from you know community members who they have no reason to know how this process works right and so they find out when they realize we're about to decision something that's going to change the character of their their neighborhoods and they're emailing us and contacting us like vote no and we're you know we've probably been working on it by the end for a year but our community members don't know so in this case we could be ahead of it I'd just like to make sure that I touch you know um and and hear from the neighbors to make sure that they're good and that should be fairly easy let us know if we can support that in the meantime we can make sure that staff can connect you with the summary of our neighborhood meeting yeah that'd be great I appreciate that thank you Mo to close if no additional questions second second if you don't have anything all right I have a motion and a second to close public hearing all in favor raise hands any oppose that is unanimous thank you we'll move on to agenda item number 32 petition number 2024 085 by AAAA Holdings LLC the location is approximately 2.8 Acres located along the east side of West Park Drive North of Griffin Road and south of Tyvola in District 3 Miss Brown's District the current zoning is ml2 proposed zoning is CG staff recommends the approval of this petition and after staff's presentation Mr mcain and Mi and Mr a love will have three minutes in aggregate thank you thank you the site is just under 3 acres located generally in the Lower South End area where we see a mix of industrial commercial residential and mixed use developments in alignment with the shift of the broader area to Transit and activi centers supportive projects the request is to take the site from manufacturing Logistics 2 to General commercial which is inconsistent with the policy map recommendation for manufacturing and Logistics at this site but I will just note that the long range planning team has identified this parcel and surrounding Parcels to be considered for a place type change to commercial uh since that would better align with the existing and projected uses in that area it is a conventional petition so there is no Associated site plan although it is inconsistent with the manufacturing Logistics Place type for this area a change to General commercial zoning and the associated commercial Place type is a better fit for the property given its existing commercial uses on the site and the transition of way of industrial uses that this area is undergoing the site can be easily accessed via several major roadways providing ample connections to the development area for potential customers and employees and I'll take any questions following petitioners presentation all right thank you good evening mayor protm members of council members of zoning committee Keith M van with more Van Allen assisting AAA Holdings LLC with me tonight is a petitioner and property owner Mr karanti AA uh he's we're available to answer questions we do have a quick presentation uh as Holly mentioned just a slightly over under three acres just located to the east of 77 South of taola uh next to the Costco Wholesale warehouse store on tiola a site that is currently zoned ml2 was pretty zoned I2 and then the old I two zoning District retail and Commercial uses were allowed with the translation to ml2 and the updated Udo uh which does not allow that retail and Commercial uses the site B became a legally non-conforming use this this location was the former Sam Ash Music Store uh the rezoning to CG as Holly mentioned would now make the use conforming again and would allow Mr karanth and his Partners to re reuse the existing building which is the ended use at this time for commercial retail restaurant uses maybe a small event space for small Gatherings for birthday parties Etc as Holly mentioned we are inconsistent but the area is predominantly and has always been predominantly this portion of tibola really a commercial Corridor with commercial uses uh the proposed zoning just maintains that and allows that to continue and as Holly mentioned actually the proposed changes to the 2040 policy map that the staff is currently working on will be before Council next year here uh does recommend the CG playsight for this for this location to reflect really the uses that have uh have occurred here over over time happy to answer questions thank you any questions or comments no questions Miss asir yeah so I'll just comment on this this is moves away from industrial and I know many times we get questions and concerns from residents uh near industrial sites uh to not have many industrial so this certainly moves away from industrial provides economic opportunities to Residents nearby and provides commercial which means um opportunities for residents nearby so this is good um proposal and I look forward to supporting it but um at next meeting but with that uh move to close second I have a motion to close public Hearing in second all in favor raise hands any oppose that is unanimous thank you may thank you oh nice close to the very popular Costco as well yes it is busy area exactly okay we will move on to petition item number 33 I mean it yeah number 33 petition number 2024 086 by Peak Sports Holdings Inc the location is approximately 4.9 Acres located along the south side side of South Clarkson Street and the west side of West Summit Avenue Southeast of I77 and again miss Browns District the current zoning is ml2 proposed zoning is racd Staff recommends approval of this petition upon resolution of outstanding issues related to Transportation after St staff's presentation Mr Brown we'll have three minutes thank you thank you this site is just shy of five acres located on the south side of Clarkson Street west side of Summit Avenue and east of Interstate 77 is developed with several warehouses and is near the former side of the Charlotte Pipe and Foundry current zoning is ml2 proposed zoning is R CD the 2040 policy map recommends Regional Activity Center Place type this is a tier one rezoning with no site plan but development standards that would allow for adaptive reuse of the existing buildings and minor expansions of the buildings for indoor Recreation restaurant and accessory uses as permitted in the RAC zoning District the petition acknowledges the sight location in the path of the silver line Transit Corridor and would allow for ex exterior facade changes and expansions of up to 10% of the build building square footage staff recommends approval of the petition upon resolution of outstanding issues related to Transportation the petition is consistent with the policy map recommendation for regional Activity Center place typ and the petition would align the zoning district with that place type position would allow for adaptive reuse of the existing buildings while not precluding the advancement of the silver line Transit Corridor in the future position could support access to employment opportunity which is is a goal of the regional Activity Center Place type I'll take any questions following the petitioner's presentation thank you Mr Brown um council members Colin Brown on behalf of the petitioner I'll be brief since we're late in the night um petitioner um Peak Sports Holdings LLC also uh Michael Wong is one of the principles I think several of y'all know him uh as staff mentioned this is a pretty straightforward petition this is an old industrial building across from pipe and Foundry the only purpose of the re zoning is to allow it to be kind of adaptively reused for the time being uh the plan in the future is for the silver line to come through there the building might go away uh I think the consensus is it's better to have something than nothing rather than that building sit right um the petitioner is a known operator of successful indoor racket sports facilities uh we think that'd be a good fit we do need to continue working with staff and make sure that um they don't get triggered with other requirements to do a lot of improvements for a use that we don't expect to be there in the very long term happy to answer questions thank you any questions or comments I'm just very simple um and short to the point Thank you madam uh mayor potim so Mr Brown the transportation related issues what is that up there in that area well so and we'll have to talk about so the idea is that the Silver Line will come through this area and one day this building may go away and so the the is located at the city will cond Dem this property or take the property and so we do need to work with them we're we're happy updating that language we do want to make sure that this petitioner is not asked to do a lot of improvements on the site a lot of Street skates and retaining walls for a site that we think is going to go away so those are the conversations we'll have with staff and uh hopefully have that wrapped up before we're back to you next month well I'm sure you and Britney will be in touch won't you we will thank you forward to speaking with you thank you careful with that s word Silver Line okay sorry move to close no other questions second thank you I have a motion and second to close public hearing all in favor raise hands any opposed that's unanimous we are at our final um Hallelujah petition item for the evening agenda item number 34 petition number 2024 092 um by lucern Capital Partners the location is approximately 3.07 Acres located along the north side of West WT Harris Boulevard and the east side of Research Drive West of I 85 and District 4 Miss joh Johnson's District current zoning is re3 CD proposed zoning is cac1 X staff recommends approval of this petition upon outstanding resolution resolution of outstanding issues related to Transportation environment and land use after staff's presentation Miss Grant we've had you waiting all evening you'll have three minutes thank you all evening for three minutes uh the site is as mentioned approximately 3.07 Acres located on the north side of WT Harris and the east side of Research Drive the site is improved with a restaurant building that is vacant and the area includes a mix of hotel and office campus uses the site is currently zoned re3 CD and was approved for a Max of 152 multif family units the proposed zoning is cac1 exception the vicinity includes the mix of office research campus and multif family residential zoning the 2040 policy map calls for the activity center Place type for the site and the abing properties to the West the proposed zone is consistent with the place type The Proposal includes um a proposal to develop up to 10,000 squ ft for a child care center and up to 8,000 square ft of commercial uses in two separate buildings certain uses are prohibited including a variety of autoc centric uses self storage and tobacco sales If the child care facility isn't developed the building may be developed with commercial uses subject to the same loose use restrictions the petitioner is seeking ex Provisions that stem from the unique configuration of the parcel in relation to the buffer areas along WT Harris these ex Provisions include increasing the front setback from 20 ft to 45 ft along WT Harris providing ground floor transparency along the internal facades as opposed to along WT Harris and providing a prominent entrance inter along the internal facades as opposed to the site's Frontage two um ex benefits are proposed one renewable energy energ through the provision of rooftop solar panels and 50ft publicly accessible landscape area along the site's Frontage the requested zone is consistent with the policy map recommendation for Community activity center and the ex Provisions requested are due to the unique configuration of a subject parcel that change that changes its relationship with the abiding rights of way the proposed mix of uses are consistent and compatible with the existing development pattern in the area and staff is generally supportive of the proposed solar panels and will continue to work with the petitioner to identify other public benefits in support of this request we recommend approval subject to outstanding issues related to Transportation environment and land use I'm here if you have any questions thank you Miss Grant good evening Bridget Grant on behalf with Moren Van Allen land use consultant on behalf of lucern privileged to be here tonight and thank you for your time and once again holding on for me to be last on the agenda Teresa did a great job so I'm not going to go any over any of the specific details we will address the remaining outstanding issues that were identified in the staff analysis and we're pleased to say that we've been working with um University City Partners on identifying uses that we think are appropriate in this location and compatible not only with the members of the research Park area but also the surrounding um area so we're happy to answer any questions excellent in comments yes Miss Johnson thank you um thank you bridg and thank thank you to lern Partners I think you know there's been so much growth in District 4 and I don't recall seeing a daycare center at least one of this size so I think this speaks to the demographic and and the growth in the area I know not long ago we approved um a development where there was a CMS school being built so I'm this is a great location in the research Park area so we we can talk offline but I'm um I I think this is a resp responsive development to the needs in District 4 so now all we need is a a nice restaurant is there any developers out there that we need a nice restaurant but thank you this is um I think this should be well received by the residence and zoning committee so thank you I look forward to supporting thank you thank you Miss Molina thank you Madame mayor Penman um I'll Echo that sentiment Miss Grant I think I heard daycare facility and I thought wow that's that's awesome um and Miss Grant you hanging out with us to the very end I know you're a rockar mom too I know you got to get up in the morning at the same time I got to get up so um thank you for hanging out with us this is a is a a very interesting petition I look forward to hearing more about it so thank you for sticking with us and you don't hear daycare yes all right right we all was like what especially with the number of jobs and district for so this just kind of speaks to the that's good so thank you Bridget for hanging out with us late night um I'm not a my girls are adults but my grandson is babies he is the only thing that matters now but I really appreciate this petition with everything else that we get you know we always struggling and toggling but this one should be good for look forward to supporting the district rep and her residents and her constituents yes should be easy M Mir we're excited in other words oh and this is right in near Research Park area that's where all the jobs are um this is where I used to work so certainly a great location uh to support a lot of working parents so yes I look forward to supporting it as well thank you thank you jobd second great job Bridget the team lern yeah move the cloes thank you I have a motion to close public Hearing in second all in favor raise hands any oppose that is unanimous is there a motion to toj second third fourth and fth let's go faor please go home thank you have a good evening we did it before 9: even though yall w [Music] for