[Music] [Music] [Music] [Music] [Music] [Music] [Music] n [Music] e good evening everybody uh if you look carefully you will note that I am not May mayor lyes or mayor proem Anderson my name is Ed dggs and I'm a city council member district 7 and chair of the transportation planning and development committee and and have been invited to sit in the chair tonight uh we will start our meeting as usual with a call to order beginning with the city attorney good evening uh T hegler Grace senior assistant City attorney good evening Lana Mayfield council member at large District malol gram District Two edrees district 7 Sean Heath City manager's office good evening Renee Johnson and I'm honored to serve District 4 good evening t w Brown it's a pleasure to represent District 3 Billy joh Deputy city clerk so we begin our meeting with an invocation an expression and inspiration followed by the Pledge of Allegiance the invocation by a council member is intended to solemnize our proceedings we celebrate the religious diversity of our community including those without a religious Faith tonight council member Mayfield will give our invitation thank you so prior to the invocation I want to take a moment to acknowledge that as a the nation a number of us are hurting it was noted and recorded by a individual who is one running for one of our highest offices the American Media totally ignored this stuff until Donald Trump and I started talking about cat means if I have to if I have to create stories so that the American Media actually pays attention to the suffering of the American people then that's what I'm going to do speaking to to Dana Bash because you guys are completely letting kamla Harris Coast I read that from the news article because misinformation and direct lies was SP was shared regarding members of the Haitian Community someone who grew up in Miami in day County I grew up with a very International Community the city of Charlotte has a very International Community Springfield Ohio did not ask for this and matter of fact they reached out and asked the Haitian community to come there to help rebuild that area so with that what I am asking is a prayer for my sisters and brothers of Haitian descent for those that wish you may bow your heads or close your eyes oh source of all goodness and compassion we lift up our Haitian brothers and sisters in America grant them strength and resilience as they navigate The Challenge they face may they find comfort in their communities and support from all those around them in times of hardship may they feel the warmth of collective love and solidarity guide them with wisdom and courage and bless their efforts to build a brighter future for themselves and their families God I also ask for you to guide us to remember that your love is the love that we should show for all of your children may peace and hope fill their hearts and may they always remember they are not alone amen amen thank you Miss Mayfield please join us in the Pledge of Allegiance I pledge of allegiance to the flag flag of the United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all still working on that last part but you so uh tonight's meeting is a zoning meeting and I would like to explain the zoning process that we will go through tonight the zoning process begins with application submitted to the planning staff for review there are cases of Two Types on the agenda tonight decisions and hearings decisions on cases for which a public hearing was previously held uh uh will will be made tonight and here hearings are a a familiar uh an opportunity for the city council to become familiar with petitions for staff to advise us and for members of the public to speak anyone wishing to speak is asked to see the clerk before the start of the hearing uh there is first a staff presentation without a time limit and the petitioner and those in favors can speak for three minutes on the present case unless uh there are opponents signed up to speak or if staff is in opposition in which case the petitioner gets 10 minutes opponents get 10 minutes and a petitioner gets a two-minute rebuttal if no one is opposed or signed up to speak staff provides the short presentation and that's the extent of the hearing uh the public hearing is then closed and the next public hearing is opened the petition goes to the zoning committee of Planning Commission for review and recommendation after the hearing and at this point I would like to introduce Mr Blumenthal Andrew Blumenthal who chairs the committee Mr Blumenthal thank you very much councilman and to the rest of council as well uh my name is Andrew Blumenthal I'm the chairman of the zoning committee of the Planning Commission um please allow me to introduce my fellow commissioner at the table Rick Wier uh Teresa McDonald and Aaron Shaw will be joining shortly as well uh Clayton cely Shauna Neely and Robin Stewart are following along virtually this evening uh the zoning committee's next meeting is Tuesday October 1st at 5:30 p.m. here at the government center at that meeting the zoning committee will discuss and re 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 of these public hearings prior to that meeting you are welcome to contact any of us to provide input all of our contact information is and each and the information on each petition is available on the city's website at Charlotte planning.org thank you councilman thank you Mr Blumenthal our first order of business is to consider deferrals and withdrawals from uh the original agenda and for those I would inv like uh to invite Teresa Montalvo to speak thank you uh good evening we have three um decisions that are requesting deferral to the October 21st 2024 hearing those are item number six 2024 034 Jackson Castle LLC agenda item 11 2022 224 srl Central Avenues Properties LLC and agenda item uh 12 2023 165 Central Avenues multif family LLC and the fourth is agenda item 13 202 2456 uh Vivo Investments LLC and again all those are requesting a deferral to the October 21st 2024 I have a motion second all right we we also have a deferral of a hearing okay this evening that's item number 17 that's 2024 035 the city of Charlotte and they're requesting a deferral to the December 16th 2024 hearing okay so I have a motion to approve those deferrals and uh second in favor please raise your hand all right it's unanimous the next thing on our agenda is the consent agenda items uh the items number three through 10 on our agenda with the exception of item six which has been deferred may be considered in one motion except for those items pulled by a council member please note that these petitions meet the following criteria there was no public opposition to at to the petition at the hearing zoning committee recommended approval there were no changes after the zoning committee's recommendation and staff recommends approval so at this point I will ask if any council member would like to pull one of the consent items for a separate vote I would yes yes I'd like to pull 20 2458 please okay which is number nine nine got that so uh therefore I would then ask for a vote on items 3 through 10 with the exception of number n n SAR motion second thank you all in favor okay then uh we will then proceed to number nine from the consent agenda so number nine is resoning petition 2024 058 by wilk's Asset Management it's approximately 2.85 Acres located south of Ridge Road East of Benfield Road and North of Craven Thomas Road the current zoning is commercial center the proposed zoning is community Activity Center one exception the zoning committee has recommended six love to approve that that's a tennis term there um and the staff recommends approval so uh do I have a motion um Can can we have discussion a motion to approve second okay okay we have a motion in a second is there any discussion Miss Johnson thank you I wanted to uh ask the staff I did have some staff a discussion with Teresa while there was no public opposition I did hear from at least one resident with the concern about the storage facility being so close in proximity to others in the area so I did do some research and spoke to three and wanted to know if you could just add um some information for Council and for the public regarding this facility sure uh specifically you're asking where the other facilities in the area are yes where the other facilities are and then the yeah where the other facilities are please sure we um we found that there were two in in relative proximity to the site um there is a storage facility at 5823 Prosperity Crossing Drive which is about uh 44 miles away from the site and there is another one located at 2601 Ridge Road which is roughly 2.5 miles from the subject site okay so we we had the discussion and while that is true and I can understand the resident concern this development um because there's so much Construction in the area there is an apparent need for the uh storage facilities but more so this developer is adding 7.5% net site acreage for public open space which is which exceeds the minimum requirement they're also going to add to uh walkability at because they're constructing offsite sidewalk Network and then there's also the uh addition additional potential employment for that area so I will be supporting the petition so move um yeah I'll be supp any other comments if not all in favor please raise your hand any opposed Mr JS I just want to make sure that we're including the consistency statement I do I need to read the is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on the screen is the council's OWN mop approved second all right thank you that's all right and we're all in favor of that right yes yes okay favor all right so we move from there to our decisions that were not part of the consent agenda beginning with agenda item number 10 this is resoning petition 2024 061 by Charlotte PE LLC it's approximately 1.9 Acres Bound by the north side of East Trade Street West Side of North Davidson street souths side of East Fifth Street member oop was consent that was wasm was in the consent we actually are going to I need to move on to P the number 11 14 14 and then we have deferrals correct right deferral 11 12 and 13 we start on 14 thank you so we starting with 15 not 14 no 14 14 yeah all right so as I was saying we're doing our our zoning decisions commencing with agenda item 14 this is resoning petition 2024 094 by Charlotte planning design and Development Department a text Amendment the purpose of this amendment is to modify the unified development ordinance to address minor administrative items related to tree preservation accounts and neighborhood character overlay and to correct scrier errors the zoning committee recommendation is in favor six to nothing staff recommendation is approval and to uh is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on our screen as the council's own move to approve and adopt second any discussion all in favor any opposed okay that brings us to item 15 reone morning petition 2024 011 by Eastwood homes the location is approximately 17.4 Acres located along the south side of Johnson oler Road East of prosperity Ridge Road in council member Johnson's District the current zoning is n1a neighborhood 1A the proposed zoning is n2a CD zoning committee's recommendation is uh to recommend denial of this petition 69 nothing uh the staff recommends approval of this petition so in this case we have a zoning committee recommendation for denial which means that the statement that we have to make concerning the council vote is different is that right uh it will depend on what the motion is if it's a motion to approve then you would be able to use the staff's recommendation um with respect to consistency but we're not adopting the zoning committee's recommendation as our own depending on the motion we got to have a motion first I guess at this point I will entertain a motion with respect to this petition Mr this there have also been changes after the zoning committee's recommendations so you'll need to have a vote whether or not to send this back to zoning Comm this is the one where there were changes yes sir okay so I'm now advised that there were changes uh to this petition and therefore it requires a vote of three4 of the council not to send it back to the zoning committee it um point of clarification should we hear from staff to see going to do that you're right you're right so uh than you I love my uh we got support here thank you guys appreciate it uh so may we hear from staff what the changes were um yes one moment um yes there were changes um the following changes were made after the zoning committee the petitioner commits to a children's playground with seating area adjacent to Ragsdale drive and the petitioner uh provided a seating area with landcaping along Johnson oler Road uh staff believes these changes are minor and do not warrant additional review by the zoning committee move not to reti to Zing committee second all right all in favor of not sending it back to the committee that passes so now is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on the screen as the council's own so would we we would need to approve it and go back to staff's wording or not approve it and stick with zoning committees motion to approve and adopt the staff's recommendation as our own second all right any discussion yes yes thank you so I've been working on this petition for a while um and I want to commend the developer for working so closely with the community um they work very closely with the District 4 Coalition which includes the neighborhoods from all over the uh District 4 um they there were they've even worked to um to make some changes to a previous uh development that they had worked on so they worked very closely with the community and I just want to lift um some of the concessions that they made they there was extended community outreach um they had multiple meetings there was a meeting that I attended and also uh council member Mitchell they did um try they did meet with the prosperity Village Association um and and really tried to to to uh accommodate as much as possible there was um there was a a ask from The District 4 coalition to limit the rentals and um put a cap even in the um the HOA guidelines about the number of rentals in the project so I think this is almost a precedent setting setting um petition so I'm looking forward to continued work with this developer they agreed to the children's playground uh agreed to the rental cap is of um within 25% and they also agreed to provide that General seating so I I recognize that the zoning committee did not recommend but as the council representative and also hearing from the community I think this is a petition that that I would ask the council to support So motion to approve any other discussion so I'll just comment uh I will support I I you got to comment I'll wait till you finish okay I'll I'll uh you Yi to me you you go ahead why don't you go ahead problem I just wanted to hear from zoning what where's zoning can someone tell me why you you guys unanimously disagree with the petition is that correct did I hear that that's correct yeah so um no one on the zoning committee said yes to this correct okay can I hear why not yeah absolutely and and full disclosure I was not the chair of the zoning committee at that time however we do have the zoning committee report here and I'm happy to list out the points of of contention there um there were three the first is the lack of pedestrian connectivity the second is that the project does not fit the character of the area and the third is that there are concerns with traffic along Johnson Naylor Road and access from the site to Johnston na road now I'm not sure what has been addressed since then but that was our issue yeah so the character of the area could you elaborate on that for me or whoever again I was not the uh the chair of the zoning committee and not presid in that meeting so unfortunately I'm not able to is there anybody that can elaborate on that let me elaborate elaborate okay okay but I wanted to hear from the zoning since they said six to zero well let me can I just say I will say man hold on hold on one second so I'm sorry question ask a question he had three points that he listed and I heard them so I wanted him to elaborate on it doesn't go with the character of the area I'm confused put that question to the chair of the zoning committee right I am yes Johnson I'll come back to you okay can you what do you want me to you can def to can anybody answer it I will defer Teresa on this okay and just for clarifica for point of for clarification for my colleague none of the current zoning members were a part of that disc discussion when this vote came through that's why the current chair we have all new zoning committee members now well then disregard my question don't worry about it if they were not there if they if they were not there and they new in all fairness to them they don't they MH disregard scratch okay we're fine Miss Johns so I don't know that none of them were a part of it I I don't know well I saw some familiar faces but I will say that one of the members of the zoning committee was also a community leader so whereas um some folks might have abstained from the vote um this I think this was um more influence from a community leader than for a land use reason so um I it's very it's an appropriate petition and I recommend approve well I'm going to support okay the district rep but I wanted to understand why they had a unanimous vote of six to zero and just asked for clarification on why they would have six to zero and so this particular zoning committee sitting here no one was in on that vote that's correct okay well thank you no problem thank you for responding I'll have to ask somebody else why they did but uh I just want to say I will support the petition uh and uh in response to the effort of the district member I wanted to note however that if we disagree here on council with the zoning committee it it doesn't demonstrate a lack of appreciation and respect for their work it just can happen once in a while that we reach different conclusions so uh uh again I will support it and if there are there further comments I have further comments it it definitely does not um support that we do not respect the zoning in their um decision on what they're asking but I would also when we get a unanimous vote like that that should be some type of explanation where we have questions as a council and be ready to back it up because what people looking when they go back and look at the meetings they're going to want to know you got Z to zero we still move forward where is the unbalance you know the scales unbalance and why are they unbalance so we're just trying to collectively come together and bring forth the information so there's an understanding for our viewers and people that may have the same question that I have because six to zero I just wanted to know it's a very reasonable question uh no no doubt about that uh at this point Council if I could real real quick just to add some clarity to this the zoning committee recommendation does have a pretty lengthy write up of the conversation at the meeting U chairman blumthal read the bullet points which summarized it but there is a a write up in your agenda that summarizes their conversation about the petition okay all right so I'll look for that just for my satisfaction can I all right johnon and there's again there's that right up and there's plenty of information if there's any from the public that wants information about it we have well yeah so you said that you had um of community support which is where my mindset was if the community is supporting it and you went and you did your research I'm going to I'm going to support you but I just wanted to know the six to zero where did that come from it's a great question and nor and I haven't talked to the City attorney about that we talked about sending it back and there's a is a lot to it but um yeah this one appropriate so I'm going to support you the district rep okay all right barring any further comments uh uh we have a motion uh and a second all in favor that passes okay that brings us to item 16 right resoning petition 2024 024 by Arisa Holdings LLC approximately 9.13 Acres located along the north side of Interstate 485 South of University City Boulevard in the etj of the board of County Commissioners District 3 three Mr Dunlap the closest city council district is four Miss Johnson the current zoning is MX2 excuse to District 2 proposed zoning is neighborhood 2A conditional zoning committee recommends 60 to recommend approval of this and the staff does not recommend approval of the petition do I have a so if the staff does not we can still proceed we can still proceed with a the normal language is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on the screen is the council's OWN so moved second okay any discussion yes want to ask a question no you go ahead okay all right so this one is opposite of the other one the zoning committee recommends this one but the staff does not correct because it doesn't well I'll I'll ask the staff why yeah that's okay okay sure this is one of those sites where we just do not find policy support um in order to approve the resoning that would change the place type from neighborhood one to Neighborhood 2 which is a quite a bit of a increase in density and densification when we want to support that change we look for certain things we look for connections to arterial and maor major roadways connection to uh Transit um and we look for access to essential menies goods and services in the area none of those things are present with this site so from a policy perspective staff was unable to support the N2 um request um they are approved today to do approximately uh 26 single family lots uh we feel we felt that there was some opportunities with other N1 zones that could increase the density at this site without having to go to an N2 Place type um but for those reasons we were unable to support the petition okay thank you so this one was another tough one because I want to support the the staff's recommendation however the community benefits for this one as well were were beneficial what I thought to the district 41% of the entire site is going to be preserved uh 2.4 acres of land is being dedicated to meinburg Parks and Recreation to The Back Creek Greenway substantial green area separating the proposed town homes and existing homes on site uh there's it provides a variety of attain attainable housing types that support the future data center employer to be constructed in the very near future the homes are for sale but there's also there's a rental restriction to 20% of the units proposed in the development and substantial vehicular connectivity improvements to Codwell Park Drive reducing the commute time um with the proposed bridge over Back Creek so the community benefit um um outweigh that the staff's U recommendation but it's but I do appreciate and and and want to continue to to listen and take their guidance so motion to approve I think we have a motion uh I will just say on this one similar to before the staff does an excellent job of interpreting and applying our policies the ones that we adopted we are sometimes in the position of having to decide whether that application of our policy is actually the best outcome at the location in question so I'm going to vote here with the District representative for the reasons she mentioned any other comment yes I will thank you so much um acting mayor today Mr drigs um I was just say that you know the work that we do when we have our meetings and we you know we plan for um trying to get the best outcome there's always going to be some opposition where some one might not be satisfied but I know your worth your diligence how you work for your constituents so I'm going to once again have to go with the district rep because my hands are busy in District 3 so I can't metal over there in District Four I have to lean on teamwork for you to do that part and I think that you've been diligent in doing so um so I would have to just support you in this manner that me staff is amazing they do amazing work and they have a lot of work and have to do all the district but I will stand with you on this one well thank you and I forgot to ask this one also has support uh the developer worked with the District 4 Coalition so this has the support of the community for whom I represent this maam all right then faring any further comment all in uh all in favor please raise your hand that passes okay so number 17 is deferred and therefore we're done with our decisions and we we'll move on to our hearings as I explained before the hearings consist of a presentation by the staff followed by either 3 minutes or 10 minutes by the petitioner depending on whether there's opposition 10 minutes for the opponents and two minutes for so uh we will go to our first hearing which is agenda item 18 position 2024 059 by ver homes LLC 27 2.67 Acres located at the southeast intersection of Aris Road and Timber Lane East of Providence Road in Mr B's District current zoning is n1a the proposed zoning is n2a conditional staff does not recommend approval of this petition in its current form so in this situation uh the petitioner has 10 minutes uh to speak uh and uh the staff will have explained themselves before so let's hear the staff on this one yes good evening ption 2020 459 is located at the southeast intersection of Sardis Road in Timber Lane East of Province Road approximately 2.67 acres in size and is currently the site of two single family homes current zoning is n1a neighborhood one uh the proposed zoning is n2a CD neighborhood 2 conditional the 2040 policy map recommends the neighborhood one place type for this site the n2a district is inconsistent with the in one place type approval of this petition would revise the 2040 policy map recommendation to the neighborhood to place type proposal calls for up to 31 multif family attached dwelling units including duplex Triplex and quadruplex buildings following Transportation improvements are proposed vehicular access to the site will be via public Street extension of uh Walpole way into the site um onto a network of private alleys uh there is proposed right in right out on Sardis Road and a right in only entrance into the site from Timber Lane an ada8 compliant crosswalk with a pedestrian Refuge island is proposed to cross Sardis Road uh adjacent to the right in right out on sardus road um all right all right of way dedication and transportation improvements will be completed prior to the issuance of the first certificate of occupancy following landscaping and streetscape improvements are proposed they will construct a 12T multi-use path and 8ft planning strip along Sardis Road 8ft planning strip and 8ft sidewalk along ber Lane there's a 10-ft Class C landscape yard planted to class B standards and 6ft opaque fence along the uh rear and side property lines adjacent N1 neighborhood um Place type sidewalks will be provided along all residential entrances uh adjacent to public streets a minimum of 25 Street trees will be planted along internal network of private alleys at a minim maximum space of 40 ft isard parking will be screened from public RightWay with evergreen shrubs following architectural um requirements are proposed preferred building materials include brick Natural Stone or synthetic Stone stucco cementious siding or fiber cement prohibited materials include vinyl sighting and concrete masonry units not architecturally finished the height of two buildings at the rear of the site are proposed to be limited to 40 ft all of their buildings on site shall be a maximum of four stories or 48 ft in height front facade shall be a minimum of 60% masonry all residential entrances within 15 ft of the public sidewalk will be raised a minimum of 12 in above sidewalk grade minimum slope to pitch roofs of 412 and shed roofs of 212 maximum blank wall limitations of 10 ft at building ins facing public streets and 20 ft for all their elevations adjacent to public streets meter banks will be screened for public View and fence and wall standards are provided there are several outstanding isses including proposed site should be should impose height limits or prescribe height transitions for buildings AB buding properties designated neighborhood one place type proposed Solid Waste facilities on the site should be located as far from adjacent property boundaries and screen to the greatest extent possible proposed visitor parking should be located in a way that visually separates from the adjacent homes an additional visitor parking should be provided on the site to limited limit external or negative externalities caused by uh vehicles to the adjacent neighborhoods sidewalk should be added uh along the right in right out adjacent to Sardis Road um and connect to the internal Alleyway Network um the plan should address all other outstanding issues from c. urban urban forestry staff does not recommend approval of this petition in current form as the petition is adjacent to properties designated as the neighborhood one place type by the 2040 policy map and enhanced care should be taken to sensitively transition between the neighborhood 2 development and an established neighborhood one development as noted in the outstanding issues however the site is adjacent to the neighborhood two Place type developed as a multif family housing to the west and to the north across Sardis Road site is directly a buding multif family attached development the proposed plan would continue to uh continue a trend in densification along the Sardis Road Corridor and this site combined with the adjacent in two Place types meets the minimum area requirements for establishing a new neighborhood two Place type according to the conference of plans Equitable growth framework uh the site is located with an within an access to housing Gap the petitions proposed 31 units would add to the housing Supply and diversity of the housing stock site is located within a half mile of the designated Community activity center by the 2040 policy map the proposed site plan proposes a crosswalk spanning Sardis Road that would allow direct access to daily goods and services found in the community the site has access to several bus routes happy to take any questions following the partitioner presentation thank you uh we do in fact have two speakers signed up in opposition so Colin Brown and Nolan gy will have 10 minutes in favor Keith Stein's and Natalia Bal will have 10 minutes against and then the petitioner will have two minutes for a rebuttal so Mr Brown good evening council member dggs hi council members zoning committee members Colin Brown on behalf of the petitioner uh homes tonight um and want to go ahead and say ver homes is a is a new development entity in town uh this is their first rezoning that's okay they're learning the process their team is made up of seasoned real estate um folks that have experiened doing this but this is their first petition so you may hear some of that uh frankly it's been kind of refreshing uh working with someone that's maybe not as jaded as the zoning process as I am uh we started out and one of our first conversations I said well gosh this is you know we're talking about town homes in South Charlotte this is going to be a tough Reas in and you know my client said why would it be a tough re zoning you know I've just read everything and this is exactly what the city is talking about doing we're on a major thoroughfare by a major intersection right by Strawberry Hill and I said well maybe I'm just getting jaded Maybe I'm Wrong um I was not wrong but um it's been an interesting process uh we've had there has been a lot of Outreach um to the community I think you'll hear a good bit about that I want to start kind of with a big picture uh just kind of looking at the screen where we are here's the intersection this is Providence Road and you've got Fairview and sard and for you those of you that don't drive Fairview or Providence every day this is uh Strawberry Hill a longtime shopping center mixed you Center uh in South Charlotte Providence Road takes you downtown uh Fair viw takes you to South Park so you got easy access to employment the properties that we're talking about so it's pretty incredible to have a little over 2 and a half acres right here right by that intersection and I know that everyone especially here tonight may not have been huge fans of the Udo but you know some of the things that we I think we did agree with part of the the 15-minute neighborhood was it does make sense to have housing near amenities and so at Strawberry Hill we have the fresh market so there is a um grocery store there there's a pharmacy there there is a bank there uh there's a church across the street uh there's some atrian facilities so there's a lot around this site and you know I know as we talk about the Udo and we talk about kind of missing middle housing this is very much that missing middle housing we're not talking about extreme dens on this site we're talking about 12 units per acre or so you know kind of town home style development this is the right place for it you know I know we have concentation about locating that inside the neighborhood and this is the mammoth Oaks neighborhood what you're hear about so as you can see this site is not in the interior of the neighborhood it's not disrupting that the the character of the heart of the neighborhood it is here on a major thoroughfare of Sardis Road on the quter so I think the location you know when we uh everywhere we talk about where do we put housing uh you all know we need it you all know there's great demand for it uh everywhere we try to put it you know folks frankly would not like it in their backyard so we have a struggle finding a place for it to go this is one of those places where you look at it and it it makes sense for it to go there so that's the big picture uh zooming in a little tighter you can see these are uh this is the status of site there were two single family homes uh that had been there a long time and you can see as development occurs around it uh we have town homes that are just being developed uh behind the site and those are now many of those are occupied I think there's some still some development going on we have multif family across the street and here you can see the shopping center and so this is key uh you know I'm not you're going to hear from the the neighbors and certainly I'm showing this is on the edge this is on Sardis Road but this is the corner and this is Timber Lane and Timber Lane does lead into Timber and into Mammoth Oaks so it's on a corner there's some sensitivities I think that uh we're continuing to talk through with staff you know how that transition is made um and so that's what we're focused on I would point out too so around the site if you see this area we have Town Homes to the rear we have multif family across the street uh we have institutional here this site here um this is a single family lot uh that has been purchased and cleared uh it is it appears to be owned by a development entity uh it is our belief that that would be developed probably with something other than a single family home um so so very much and you may hear different on that guys we don't do we'll have I promise we'll have 10 minutes for the opposition I'll be happy to hear it and happy to respond um so anyway there's an uned a lot here and here we do have single family homes so I do think this is where the most attention needs to be paid in that transition to the single family homes that's a look at the uh existing site today so the single family homes that are there um and here you can see the zoning map I think you can see the transition so this very much functions as a transition and I think that's why it's delicate because we have on Timberland and Mammoth Oaks very lowdensity single family very traditional very large lot uh just on the other side we've got Strawberry Hill and we've got pretty significant uh multif family housing as we get to the Providence intersection we've got very intense multif family housing with structured parking so this is the this is the transition piece this is important uh that's why there's the focus on the design backing up to the policy map uh as uh Max mentioned uh these are shown to be in one but as you can see it is adjacent to the in into place type and does meet I think a lot of the criteria uh for supporting a transition to to N2 here and really being that transition between a very intense uh neighborhood center and a lowdensity traditional neighborhood uh this is a look at the site plan um our conditional plan as uh Max mentioned we're currently at 30 units um and I'll let I won't speak for um the others as what the neighborhood priorities are but I will say let me try to get a more user friendly visual uh maybe that one's a little bit better here we go so this is putting our rezoning plan uh onto those lots and so now you can see here here would be the transition from the kind of heart of the mixed Center uh we have kind of town homes in this area we've got a pretty similar density to what is there ours is slightly more dense than these uh but that kind of town home product and then transition to the neighborhood so keys are locating you know kind of a tree save undeveloped area here you have got large single family homes they have very nice I've been to several of these backyards with very nice pools uh so they trying to be sensitive to that we've got a tree save area there now and need to you know continue talking about the transition between these Lots I feel like the the number one point that we've talked about and you may hear there may be a different opinion uh has been but was struck me is access on Timber so Timber as I mentioned leads to you know almost an entirely traditional single family neighborhood um as originally requested there is U access from an adjacent town home here it has a public Street coming in and then a public Street St to our site so initially c. request was to bring this through our site and connect to Timber so that we would not have access directly to Sardis from the site you could access here through the town homes or here through Timber what we thought we understood as one of the most important things to the neighborhood was limiting impacts on Timber limiting trips for Timber uh so the development team has worked with seedot to try to find an alternative to Timber our preference what we thought we understood we thought we understood the preference would be to have no access to Timber and if there's no access to Timber the goal is to have another way so seedot has we've worked with sedot and have now uh seedot is comfortable with a driveway access point on Sardis so now you can kind of enter this way through the town homes uh and then there would also be an access point on Sardis uh as Max mentioned one of the things the development team would provide for is pedestrian connectivity new walkway across Sardis there so that folks can you know more easily walk to Strawberry Hill so I would say in my mind that's the number one outstanding issue at this point is what are we going to do with the access to Timber I think and you may hear differently tonight that I thought I understood the community did not want a connection to Timber and could we reach a point where we do not have an access point there and we are not you know have putting strips directly on that street I could be wrong I've recently heard some more discussion about well maybe we want to public Street extending wapple through to Timber which I I think would be more of a public Street which I feel like would be more impactful but we're happy to continue that conversation to make sure we understand the community priority and see if there's a way that we can address it uh in addition to that I think there are still um discussions uh between well let's say there are concerns from the neighborhood really about this adjacency um how these lots are being impacted uh I did kind of hear in the background maybe there's some discrepancy of information about what is going to happen on this lot but this is currently a vacant lot and certainly we can find out more information about that uh the other item you know that's on my radar is talking about Heights that's something uh Max mentioned also the development team has committed to some lower Heights already in transition so that we're getting the height of certain units lower uh but we're happy to continue talking about that and then um some of the property owners there's some here that are much more educated than me uh in Dynamics and water flows that have raised concerns about storm water uh impacts and have asked us to do a little more design on that we're happy to continue that conversation so generally uh that's the big picture for me I I know that um certainly not everyone uh is pleased with this development there are are definitely issues that have been raised and that we can try and address but overall if we focus on the big picture this is the exact location for this type of housing you know if you look at where this is and you look at those two lots and the single family homes that were there I don't know that I've heard anyone say through this process gosh those should be single family homes uh I think there there is an understanding that this is the right site for town homes and we can have a further discussion about some modifications uh to get folks more comfortable I think we're close with staff uh I think we plan to make some revisions following this hearing uh and hopefully I think we'll have hopefully we'll have staff support for this when this comes to zoning committee for their consideration happy to take questions well timed thank you Mr Brown so in opposition I have Mr Stein and Miss B thank you so you have a total of 10 minutes corner notice there are three of you I only have two speakers signed up uh I'm pointer I got my designated pointer if that's okay she's going to move slides yeah that's fine all right that's fine go ahead thank you good evening my name is Keith Stein I live in the mammoth Oaks Community at 5734 Timber Lane bottom of the hill our community is opposed to resoning petition 059 as submitted and we've made numerous requests to the petitioner to improve on the site plan all in no a number of attendees most of which are residents of Timberlane are here tonight um and show you the strong Community Support that we have in opposition to this petition next slide oh yeah by the way the city clerk's office I gave them a hand out can can you okay it's been passed around great uh our our community in HOA consists of 130 homes were located as Colin explains south of Sardis Road between Providence and Randolph and this rezoning is actually located at the Southwest intersection of Sardis and Timber next slide Timber Lane will be the most greatly impacted by this zoning it's a narrow road a quarter of a mile long with the development of 14 single family homes the homes on the west side as Colin pointed out are are already overlooked by 16 town homes of the Barry Hill development Barry Hill rezoned in 2016 has three story Town Homes developed on a conditional resoning that restricted the 2 acre track to a density of 8 units per acre with a 40ft height limitation the height restriction was initially encouraging until some of the building paths were raised an additional 6 or 7 feet above the existing grade creating an even more towering impact over the backyards along Timber Lane adjacent west of Barry Hills Coventry Road is to Colin explained a 28 unit two-story town home community on just under 3 acres 9.6 unit per acre density this petition 059 requests 31 additional units built to a maximum height on 2.7 acres and a density of 11 and a half units per acre which colum referred to as minor which actually is a 44 4% density increase as you move from Barry Hill towards the single family homes on Timber Lane next Mammoth o as a community and the HOA unanimously oppose this resoning proposal based on a lack of supporting infrastructure roads drainage sidewalks we have safety concerns and our concern with the petitioner and his lack of experience as a developer so next slide this is Timber lanee I'm on Slide Five now Timber Lane's a narrow descending roadway or now more aply defined as an alley a quarter of a mile in length with no supporting sidewalks drainage apperances or traffic control measures it's 19 ft wide which is a foot narrower than the proposed Alleyway of the petitioner site plan um so I guess Timberlane would be considered an alley it's downhill all the way from Sardis um and everybody cutting through is speeding I put a note on there if your foot isn't on the break when you leave Sardis Road you're speeding our speed limit is 25 miles per hour and I travel this daily and I know what it takes to stay at 25 miles or less we can tell the cut through people because they are the ones doing the speeding all the mammoth Oaks is this way it's 19 ft wide no sidewalks drainage concerns and those speed bumps again this is a community of 130 homes next slide our Road's not safe there are no walking Lanes no Road shoulders for parking we have a wheelchair bound resident who told me this week that she wouldn't dare venture outside of her driveway for safety concerns on trash day it's a real maze to get around parked cars and trash bins another note we ask folks not to have Gatherings at homes on trash day and the next slide of Timber Lane there is no properly manag storm water drainage on this street and I put a note on here these are not photoshopped pictures they were taken from my front yard after a rain and you can see a car with water halfway up the wheel and the residual Left Behind for lack of drainage it's horrible next slide so the proposed resoning includes terminating the city street as Colin mentioned you'll notice it in green as a hammerhead and then the petitioner creates this Maze of of private alleys 20 ft wide um this is done to maximize unit density on this lot again these private alley alleys are 1T wider insert Sardis Road when Colin mentioned access to Sardis and what seedot had agreed to they agreed to do this put a right turn only bar hill is to have a right turn only it's yet to be installed all that does is force all this traffic that wants to go north on Providence South on Providence or west on Sardis anything other than East they're going to take the first r on Timberlane Meander down through our 19t Alleyways and try to get over to Providence Road um the medians don't do anything to address our safety it it it increases the traffic concerns that 31 additional units added to the 16 at Barry Hill so all 47 of those vehicles are basically going to be looking to take that first right turn on Timber next slide um this is another diagram of the right turn only and it it emphasizes Timber Lane and Mammoth Oaks the cut through um Colin did mention there's 581 apartments in tow houses to the north of Sardis Road which I was surprised by I had to do the research I couldn't believe there's 581 in that area and the secondary cut throughs of creola and Shelton Street well those are uncontrolled and you're really taking your life in your own hands if you want to turn left on Providence at either one of those the one above it Oaks Lane is mandated right turn only by a concrete medium so you can kind of see that all the traffic is just caught in this circular pattern and uh really can't Meander through through our neighborhood I expect and staff's Report mentioned 187 Vehicles I'll add that to the 14 cars already there we'll see 200 Vehicles a day on this 19t wide road again we have considerable safety concerns on that road so as I talked with other members in our community I was like okay as Colin mentioned this is prime multif family property it's going to be developed what do we propose that would work and as a community we kicked it around and we came up with several ideas this being what we thought was most appropriate and it keeps Timberlane access closed from the new development so we eliminate the right turns only at Sardis Road uh for both Barry Hill and ver homes and we align a common erass for both development minutes remaining Mr signs just so you keep track of your time we align the erass for both developments at WP way extending it onto Sardis and install a new stoplight this stoplight would be500 ft from Providence 1500 ft from Randolph and it matches the 1500 foot of the new stoplight that was installed on um Strawberry Hill Drive on the north of the Sardis Road intersection go ahead uh here's a site plan that that with the help of bar hill actually our neighbor um was put together it it illustrates 20 dwelling units it it illustrates in yellow the extension of wall Poole way the stoplight location which would align with Strawberry Hill Drive and those 581 Apartments suddenly have a new access onto a four plus Lane arterial way uh it greatly improves the tree save area and eliminates the traffic burden on on Timber Road it also provides for a uh Progressive decrease in density from covry roow at 9.7 9.6 units Barry Hill at 8 units per acre and then this one would be at 7.4 dwelling units per acre um I have a gripe slide everybody nobody likes the rezoning petition y'all can read through it um there's there's a lot of storyline that uh goes along with this Redevelopment proposal I just want to thank you for helping us to maintain the safety and integrity of our community and if you ride through there you'll see a lot of signs uh all the yards are filled with them thank you seconds left you nailed it so we have now two two minutes for rebuttal from two minutes I'll try to be short I'm honestly struggling if you don't find I'm struggling to find a single benefit to the city of Charlotte or the neighborhood from this development the uh all the pluses that were described I'm sorry who's going to work at Strawberry Hill people who can afford a million dollar town home they're going to ride a bus really come on sidewalks already there he used all the time yeah 10 minutes for time is up so we have to stop there yeah I won't I won't need 10 minutes but I I signed up to speak I cannot speak he used I I explained before you have a total of 10 minutes and I'm afraid Mr star but I'm from a different neighborhood I'm I'm I'm from beer Hill I know but the rules are that there is a total of 10 minutes for people to speak in opposition and that time is now elapsed I I'm I'm sorry but Mr Stein uh spoke for the duration pretty much can I just draw your attention she just want item if you look at those town houses in the back no no I'm sorry seriously these are our rules and we have to abide by them I apologize but that's the way it is so now we have two minutes for a rebuttal Mr Brown yes thank you if I got to grab our slot again I'll just put the aerial back on the screen and um you know I do there's been a lot of Outreach U I think there unfortunately there's some acrimony uh I think between the community and the development team uh I'm an optimist I'm hopeful that we can continue this conversation you know the the the problem is frankly um the vi team has purchased this property uh so they purchased it and they closed uh so they're going to develop the property so these folks are going to be neighbors uh we're happy to to look at this um look at the slides I do want to make sure that we're understanding uh what the priorities from the neighborhood are uh so we can go forward I know that council member Cari has has met with the neighbors as well and has engaged with seot because I think the number one I I think that was reflected that the concern uh about Timber so I think we can continue that conversation um certainly mindful of the other request uh we never make all the people happy all the time but uh happy to commit to continue working to see if we can find some resolution uh to mitigate some of the impacts on Timber happy to take questions colleagues I have Miss Mayfield you want to close it out me up start it it might be helpful if I te it up yeah okay go ahead thank you well thank you all the neighbors for coming out the petitioner for presenting um colleagues you've you've if you've heard me in the last couple months use those examples of the implications of the Udo that we're feeling today this is one of them this is 100% uh one of the top examples of where um all the time we spent uh figuring out how to add more density and units um didn't match up with our discussion around how we're going to uh fund and invest in the infrastructure necessary to make sure that folks that live on these narrow roads with storm water issues and egress and Ingress Point issues are um you know are having their existing needs and quality of life maintained so I think that's kind of the the foundation we sit on in this discussion um I think you heard colins say it at the end there but I'll just kind of emphasize I I would normally in this kind of situation with what's happened and having seen firsthand the ISS issues they're facing with this be predisposed to kind of say all right let's you know I I will oppose this with you and I'll work to uh uh whip the votes of my colleagues to support that and a month from now and we vote it down the problem is um as you've just heard they they own the site already and in a prudo world where maybe you would have seen eight or less units built there on this site if this was the world we sat in today you're now looking at a scenario where by right they could build well over 20 units on its own so the that obviously as you can see makes this a much more complex scenario to navigate so what I'm attempting to do have been attempting to do and what I'll keep attempting to do for the next month is really figure out okay what are some things that in a rezoning like this we could get done to find Middle Ground between the two and solve some of these issues that maybe wouldn't be solved maybe a few less units would be solved but not some of the Ingress and egress points and traffic and things like that so I think that's where we are we're we're it's not just a conversation with the petitioner now it's an active one that's going on with C do for figuring out what's possible you know we've discussed a left in uh left out uh um left and right out option on Sardis um you know that by itself without a light seems like an absolute non-starter for safety reasons from what I've heard from them but perhaps with a light and are some things we can explore there uh uh you know there might be other options I think as I've come to understand it the big items are whether it's direct access or a cut through we have to protect Timber Lane uh it's not it's not equipped to handle any even what it's got now no it's not let alone anymore and in fact I think you know and I've asked some some questions of staff to look into what other enhancements can we evolve on Timber Just by itself uh because we have allowed the addition of all of these units through the Udo to now be the new normal so I think it's making sure that Timber is protected from both direct access and the very important cut through traffic of anyone who would just be going right out there I think um looking at that connection with wole way and see how that can be utilized as a second very large point to the neighbors that they care about uh and then looking at just the broader infrastructure sidewalks drainage the issues that are faced there uh and we we see how much of that list we can knock off at the next week but I'll tell you um C do has been very helpful so far I appreciate you guys being willing to work with a unique scenario that faces a byright potential uh outcome here um but um I I think it's just about right now you know I have absolutely no problem voting against this in a month but I question what did what did we actually achieve in that process so my hope is we can come together in a month from now and I'll bring you some options that the neighbor the neighbors thinks are fair the petitioner thinks it's fair and seedot thinks it's fair and perhaps that will be the magical formula by which we can find some middle ground but I think the punchline is this is an unfortunate situation and one that um you know we through our decisions with the Udo have now enabled without the infrastructure necessary to make sure their quality of life exists so we'll do everything we can in the next month and all of your work has uh has been much appreciated your engagement as a neighborhood um and let's just keep working and see what we can come to in the next month Miss Mayfield thank you Council madrigas I actually have a question that's partially for our City attorney and or staff so for the City attorney so long time ago we had conversations regarding deep restrictions I'm noting in the comments in here from the petitioners who spoke against regarding like better word representation what we have on page 12 is a note as far as the original seller of the property having an impression of it being one type of development the question that I have is related to we have another development that happened in a different part part of the community where was a similar situation where land was sold with a verbal commitment we here's the question we can't utilize that in our decision making when a petitioner comes before us but there were conversations as far as okay this land is to be to stay single family and then if something else is done later that's not something is that something then we can take into consideration so you're asking if there were private agreements um with respect to the property that with which the city is not involved so because it's a private agreement in the sale regardless of what happens with if you were selling I told you I'm going to build single family and I choose to build something else and then come to council for a resoning council cannot use that conversation in part as part of our decision making right typically deed restrictions which are private Agreements are not part of the city's Land Development process or it's some not something that the city can participate in or enforce okay I wanted to clarify that for staff I know that what you all have stated in its current for form as of right now staff does not recommend recommend are is the number of units part of the consideration cuz I have a challenge with it being 31 units on only 2 Acres but was that one of the considerations with staff when you were looking at in its current form not being able to support this development the number of units is not a primary driver of our staff analysis um it goes back to the outstanding issues which deal with uh kind of the sensitivity of the transition from an established neighborhood one development to this new neighborhood 2 development uh location you height of the buildings um open space location of solid waste facilities that sort of thing so when we zoom out on this I think it's another slide that gives a greater picture of keep going no so that one would do yes from what I'm seeing had the two single family homes remain that was the last of the single family residential before other multif family and items that we approved so if we were to approve this that will then be creating opening the door for more transition in that area this is the last um neighborhood one properties on the Block adjacent is Barry Hill Neighborhood 2 comry Road on that block there's a separation well let me clarify where sis rooll is there a street at the edge of the yellow cuz Strawberry Hill is across the street but is that a street or is that a Alleyway what separates between walpool way and this development is that an Alleyway there's no Alleyway there so there uh Barry hilltowns Drive is a public Street and walpool way then there is a uh Town Home Building located on in this area and then it's the two properties that make up the size so the only thing that's there is the buffer from that last development for the town home development it was just the buffer between that development and these single family homes that's correct um I can't remember specifically if there's a buffer in this portion of the site but there is at least on this portion of the site for Barry Hill so I'm also trying to understand if one of the tenants that Council has supported is Agent in place stay in place supporting neighborhood continuity Mr Brown I'm going ask you this question how does this potential project help with our ultimate goals of staying in place a plays neighborhood continuity cuz this does not seem like a transition at this particular number I just want to better understand I think if you look at the site now right there's two houses on 2 point it's our survey says 2.75 Acres I think that's not consistent what do we think the next you you know as well as anyone that we have demand for housing we can't provide that need of and these aren't even going to be affordable units you know if we gets here they're probably frankly $800,000 units right uh what does that mean people still when you say Aging in place people want to live in this neighborhood what we're seeing demand in the market is folks are selling these great houses of Mammoth Oaks now for 1.5 million and where do they go a lot of them want to stay in the neighborhood they want to go to the church they've gone to for years they want to continue being around their neighbors so this is providing housing options to give people a chance to sell their home downs we don't do that um inter it's giving you an opportunity to I think stay in the neighborhood with a new housing option because where else you're going to go and that's we're not building these for fun I mean there's demand people want to live in good neighborhoods and we can't build single family homes that anyone can afford so it will be helpful for me to be able to have a followup and to see after you speak with your clients if there's a opportunity for a reduction 31 seems difficult for me looking at justce initial mainly because as I mentioned this transition gives me some concern when we are losing residential single family neighborhoods yes we need housing options I completely agree with that and we need various housing options we also have a number of housing options that are going to be coming online within the next year the next 12 months it will be helpful to have an understanding if there's any flexibility in that as we go through we can do that as a followup unless you have a response now I'm happy to have happy to have that conversation you know the Frank answer and not sound like the bully with the byright plan right is is the OWN there's a byright plan that doesn't have this many units I think there's a compromise to be had where I think there's some benef y'all know I mean I think in conditional zoning you can lock some things in place that'll benefit the neighborhood so I'm optimistic that we can continue the conversation I I'm I promise we won't make everyone happy but I think we can I think we can make it better than it would be is my hope and the last question for staff it'll be helpful if we can also follow up before this comes back because I'm really trying to understand we have made a number of adjustments including tonight regarding our language because we're seeing the Impact versus the intent we had a lot of previous Council had a lot of good intentions of what they thought this language would do the impact on the ground based on petitioners interpretation is looking to be something very different so it will be helpful if I can have a better understanding with the most recent adjustments that we have made in our language how does this and future conversations fit in when we again say that we are here to help protect neighborhood continuity yet we know we need to feel a need for housing on top of that are we tracking how many units are coming on board we know we have a deficit for many years where there wasn't development but we also have had a lot of development that's coming out within the next 12 to 18 months I'm concerned about what the impact of this particular project could do so it will be helpful if we can do a followup to help me understand the direction that you all staff are looking up thank you council member DS so uh I will just say this whole discussion reflects the somewhat unsettled nature of our land use policy so I'm entirely in agreement with Mr barari uh we set out with good intentions some of us voted for and some of us against the adoption of the Udo but what we've seen tonight I'll just mention we had one case tonight where the zoning committee was 100% opposed and the council said yes and then we had another case where the staff said no it can go the other way as well uh you shouldn't assume that there is any done deal here or anything like that uh I can tell you that uh Mr barari is an excellent guide for you and I hope you will be able to work with him and with the petitioner to achieve an outcome that uh uh fits better into your surroundings with that if yes yes I have something to say m so I would like definitely like to follow back off of um what Mr D just said about um council member bukari is very capable of handling his district but I want to commend Mr Stein for the phenomenal job that you did um showing us and explaining everything because for me a person that is ignorant to what's going on in that area cuz I don't live in that area and I don't fluent that area I totally understood what you wanted me to understand by looking through the booklet and putting it together so that definitely isn't in vain so thank you so much for doing that and I look to see what type of balance there can be in community cuz I'm always wanting to elevate the voices of the people that live in the community not excusing the fact that we need to work together development is going to happen but at what cost and and what sacrifice so I'm GNA follow the district lead he's phenomenal in handling his district but I did want to acknowledge the piece that you put together for us it was it was good and for me it allowed me to see what was going on in your community on Timberland also wrote down your address I'm not a stalker but I'm going to ride down through there cuz I like to just see with my my physical eye what it looks like as well and so I did write it down and I will drive down through there but from what I can see there has to be something something different so I just wanted to share that thank you with that I will entertain a motion to close second I'll move all in favor I all right uh I would like to note there are some Empty Chairs here tonight and uh uh sorry we we can't I won't come tomor yeah there ain't no room for and it's raining I just wanted to know there are some empty chair there are recordings of these proceedings the council members have the opportunity to view them so if you're signed up to speak tonight uh go ahead and make your case I one way or another we will all see it with that I will move on to the next item agenda item 19 which is 202478 by TriPoint homes Holdings Inc approximately 046 Acres along the Northwest side of Levy Way north of Monroe Road and West of Commonwealth Avenue in Miss Helena District current zoning is you Urban residential conditional proposed zoning is urban residential conditional site plan Amendment staff recommends approval of this petition and I have signed up to speak in favor uh Emmy Coleman Colin Brown Britney Linds Margaret Pucket Ben Taylor Maxwell uh linski linski I hope um and we do have a speaker in opposition and therefore after staff presentation you will have 10 minutes so Mr petton thank you all right so 202478 as mentioned we're looking at about 46 Acres on the north side of uh Levy Way north of Monroe Road West of Commonwealth Avenue uh just to give you some context we can jump to the next slide here so this is the Monroe R Corridor you can see wend over uh just there to the left uh and dependence obviously on the top side of the map uh this is a residential neighborhood that was rezoned back in 2020 uh February of 2020 uh to uh you are2 conditional and during that process we'll go back and and take a little trip down uh memory lane for just a moment back on 2020 when we went through this petition uh council member Newton was the District 5 representative a lot of conversation and discussion on this project there was obviously a lot of interest wedging uh you know having a project kind of sandwiched in between some existing neighborhoods with uh single family attached houses a lot of the issues uh stemmed from connectivity uh and part of that was the discussion on connectivity to as you can see on the screen here to uh the uh dead end point there of Levy way uh through lots of community conversations and through lots of work with staff the petitioner the community council member Newton uh a note was proposed on the originally approved conditional plan back then in 2020 that this connection to Levy way which was not the outcome that uh the community wanted to see connected it was not an outcome that council member Newton supported uh during the time of the decision a note was put in place that memorialized that this uh roadway connection wouldn't be made U at some point during the project unless there was development in what we're looking at is is was termed Development Area C of the project uh this project went through permitting as you can see back on the slide we're just looking at under construction uh infrastructure put in permits issued uh there the way that the note was written unfortunately uh was caught in permitting that the intention of not creating this connection Point uh just wasn't memorialized on the plans in a way that had uh some of the staff comfortable with uh what was being proposed so before us this evening is a site plan amendment to that original ur2 conditional which again was approved back in in 2020 uh that would further clarify that this roadway connection uh would not be made unless there were units built in Development Area C uh that's an simplification of it but that's the general intent of it that was the intent originally back in 2020 uh that's the intent of uh most of got several emails from Neighbors at least a half dozen and had conversations with folks in the community that support that outcome understand that was the original intent uh the petition again this evening is really just a clarify and better memorialize that uh intended outcome from 2020 uh through the site plan Amendment it's consistent with the policy map that's now Neighborhood Center uh so there's really not a a consistency issue but again this modifies Transportation Note 3 did not require dedication of that right of way until such time as Development Area C is constructed uh and that connection could be made uh the intent of the project is for development area C to as far as I understand not have development so that right away would never be dedicated uh but again the way the note was written in 2020 frankly it was done at the at the 11th Hour uh prior to the decision it was treated as a change after zoning committee with several others again with uh direction from the community and council member Newton so that may have been where the you know just not clarifying it in in a uh the best way was put on paper but again this is really to further cement that intent further cement that understood outcome for the community for uh Council than when it was adopted and as far as staff was concerned our understanding of it as well uh so that is the only change that's being proposed it's just to clarify that one note uh nothing else about the project is changing nothing else about the site plan is changing uh it would just be a change to that note so staff is supportive of that again that was the original intent of the resoning uh this just again further clarifies and cements that uh on the conditional notes so we'll turn it over to the petitioner and the community members and we will be happy to take any questions following the presentation thank you Mr Brown you and if any other speakers have 10 minutes thank you council member D council members zoning committee members Colin Brown on behalf of the petitioner TriPoint homes uh this is interesting this rezoning is to propose no new development uh that was confusing I appreciate all council member Mayfield's face as Dave was explaining it um but yes there's no development that is proposed what was created you can see is a Development Area here and the big discussion at that rezoning was that there not be a street connection to LY way which is an existing neighborhood so we created Development Area um and we said this does not have to be built unless this Development Area is developed and TriPoint has no intent to develop it so it would never occur the reason that we're here is because there's also note that said well you'll dedicate the right of way though and so now the city says well you got to dedicate the right of way and post a bond to build it we never intend to build it and we feel like if we do that that is not consistent with what we told the neighborhood and the council so we are here to remove that provision about dedicating the right of way that will ensure that this um that there is not a connection between the neighborhoods which frankly we thought was the I would have said was the unanimous uh consensus of the community we did have um I think we've got a speaker tonight in opposition so I'll let him share his story but I'm going to turn it over now um to Emy Coleman U who is an adjacent neighbor to speak on the neighborhood behal good evening council members thank you for your service and for the opportunity to speak my name is Emy Coleman and my wife Amy ster and I live in the last house on Levy way directly adjacent to the property up for resoning we support the resoning request 202478 from TriPoint holes and we ask that you please vote to support the resoning it is not every day that the developer and adjacent neighbors are in agreement but in this case we certainly are the simple language modifications TriPoint is suggesting honors the agreement TriPoint the city the council and neighborhood creatively agreed to back in 2019 the heart of the issue is preventing a road connector from being built from the dead end where our home currently sits through the neighborhood's Wetlands to the TriPoint development here is why the connector does not make sense it's a bridge to nowhere it would not alleviate congestion from the primary entrance on Commonwealth as Levy way residents we still have access to Commonwealth from Levy way to get anywhere the wetlands in the Stream the connector would want run through provide critical drainage for the larger Oakhurst community and an important Visual and sound buffer for the entire neighborhood Levy way is a very narrow neighborhood street not conducive to through traffic in fact when cars are parked on both sides of the street those of us at the end of the road cannot get to our houses in fact on Tuesday which is trash day I'm home to monitor where the trash truck is sitting to make sure that our cans get emptied because they cannot pull up to our homes I believe you will hear from others who would like better access to and from the major Monroe thoroughfare from the TriPoint development however due to its location Levy ways expansion will not improve or eliminate the challenge thank you so much for your time this evening and please support this resoning many times everyone else um that let's be efficient um I know we have other speakers signed up but we're happy to um hear from the opposition then take any questions you have all right so in that case Mr kleene good evening you have 10 minutes all right good evening Council my name is Justin Klein I'm a resident of the Oar neighborhood um we're here to discuss the original resoning Transportation notes as they relate to the connection on Levy way please keep in mind that this specific note in question was part of the conditional rezoning which was originally approved and agreed upon by the city of Charlotte and TriPoint the specific not question about dedicating All rights away in simple fee prior to the first certificate of occupancy that includes plotting and bonding of the connection of Levy way prior to the first CO as clearly defined by the note there are several things about this development that have caught most of the neighborhood offguard and it appears that the can's being kicked down the road possibly until it's too late to do anything finally after continued questioning and administrative amendments Tri point was required to stand before you today and I want to paint the full picture not just a Halfacre resoning petition to change a note it's about much more than that I want to be clear the connection on Levy way will most definitely appease the madna neighborhood off Commonwealth Avenue but the environmental impacts would be minimal with a bottomless covert and the traffic impacts are going to be substantial as the carpool lane and the significant traffic at Oaker steam Academy is directly across the street from the only proposed entrance if TriPoint does not want to make the connection on Levy way that's their choice the approved resoning petition still requires them to Plat and bond the work to ensure that it could one day be completed by either TriPoint or the city of Charlotte at least the UR residents in the city of Charlotte would have the bond money as collateral which is the general intent of the bonding process by eliminating the notes council is gifting the a significant monetary advantage to TriPoint over other develop at the expense of its residents and taxpayers one argument the Tri point was going to make is that it's a hardship for the costs involved but they chose to move forward with this project and agreed to the conditional resoning notes they're still going to make a profit just less profits let this serve as a reminder to everyone that you should read the fine print and understand the requirements When developing in the city of Charlotte in our community meeting TriPoint and Alexander Ricks were specific that the neighborhood and City staff knew all along Levy way would never be connected I don't believe this to be true has staff email correspondents had no prior knowledge or def or defined intent as it relates to the connection without the connection it appears that the plan would not meet a subdivision ordinance or the fire turnaround requirements at the end of Levy way furthermore SE Dot and Emergency Services would probably have required a different street name to eliminate address confusion during an emergency additionally they never defined the connection on Levy way to City staff until it was brought up for clarification Tri added a drive to Monroe Road not shown on the included rezoning but unfortunately it's oneway exit only and most of the neighborhood had no idea that it was one-way exit only because it appears the drive has been finished but the final signage and Road improvements not so much so now 121 units will have to enter every day from a single entrance on Commonwealth Avenue it's already backed up enough with school traffic during the week imagine if you add another 250 trips a day that's only if each unit had two cars and only made one trip Tri point and his Representatives continue to state that ncdot did not approve the request for a two-way street well I talked to ncdot and they didn't deny the request outright they outlined development requirements that they would be required to make a two-way connection and those improvements are going to be costly not to mention of obtaining easements from adjacent property owners for a turn lane even with all those requirements from ncdot to make it a two-way street to Monroe Road is probably less expensive than a bridge and a connection to Levy way but but they had been held to meet the obligations of the plan originally we'd be a lot further along in this process and exploring additional options it was my understanding through emails with City staff c. fire planning that no one had confirmed indication from TriPoint that Levy was never going to be construction constructed in fact they never had intentions of making the connection why would it be shown on the approved plan Charlotte fire at a minimum would have required a turnaround at the end of Levy way subdivision and C dot would have made him change the name of the street to not confuse emergency services or delivery drivers I'd like to hear from planning staff but I don't think that the current approved plan in which they want a dead end Levy way would meet the subdivision requirements or the firetruck turnaround it is now September of 2024 and the rights of way outlined are the plan are yet to be dedicated in simple fee staff has continued to allow cosos to be issued when the notes on the original approved plan clearly states All rights away to be dedicated prior to the First Co after researching more information they got an administrative Amendment signed by staff to allow them to change the conditional resoning notes to before the fiso well they got a fio and I brought this to the attention of staff and they've continued to get preferential treatment and appears they're not being held to the same standards that everyone else is I have correspondents with staff and about the rightaway dedication prior to the firsto and then the administrative Amendment about the fio and actually the fio was defined as the fifth building and then recently the fifth building actually is the 25th Co so what world does that make sense the zoning committee Board of adjustment should have been the governing body to make the interpretation of the original request for an administrative Amendment and seeing that the ordinance language does not allow for the amendment that limits access roads Cudo article 373 B1 C2 this should have been brought to resoning originally not after an amendment and then a request for another amendment and then 25% of the CO's released you know the holds are placed on each individual unit not per building ask anybody in the development World here behind me even triport acknowledged the fact that there's 21 CEOs at the community meeting when will it stop should we just allow the developers to do whatever they want at the expense of the neighborhoods make hand over fisting money and claim to B build neighborhoods and communities they should build what they agreed to build I believe that they should still be required to put up the bond money and dedicate the right away whether that build whether they build the connection or not especially while this is all sorted out that will ensure that the conditional rezoning notes are currently compliant and allow Tri point to continue construction and obtain more certificates of occupancy while exploring alternative options and plan revisions I don't think the note should be removed just yet being that the project's already under construction and progressing they should revise the plan and show how they're going to meet all the plan requirements if the note were be to be removed and that connection ever built just removing the note doesn't ensure that the plan meets the minimum requirements that could cause yet another amendment variance resoning for being unable to meet those requirements to me this issue isue represents more than a bridge or a road it's about setting the tone in the precedent it's about ensuring that when Council hears the resoning petition and they vote on an approval that residents can rest assured that the approved plan is going to be followed not only for this development but all developments in the city of Charlotte I caution each and every one of the council members to think about the ramifications that this is going to have for the city of Charlotte this might be in my district today but undoubtedly will be in yours tomorrow let this be a lesson to everyone and do your due diligence when it comes to resoning and the conditional resoning processes and how plans are approved the residents believe and trust that Council will ensure that they're heard during these resoning processes and if a project were to be approved that those cond that those conditions will be met by failing to uphold any conditions of a rezoning city of Charlotte and its council members break the trust of its City residents and the constituents that they represent while this may be just one of a thousand new developments in Charlotte it invokes a precedent that will undoubtedly be used by all developers to work the system increase profits at the expense of the city of Charlotte thank you thank you Mr kleene Mr Brown you have two minutes thank you uh in the processes that we've gone through I have not encountered a single person other than Mr Klein uh that believes the L way connection should be made Mr Klein uh resides about 8 miles from the site um um I I I expect that you will hear uh from the community about the desire to move forward with this resoning the way it was proposed and essentially that is what we communicated at the at the original rezoning so happy to take questions if you have any thank you colleagues Molina thank you uh Mr chairman um my actual question is for you Colin uh well first for staff so I want to make sure that I clarify um so now judge Newton was absolutely in support of not connecting this based on what was Community feedback at that time yeah that's correct I actually went back and watched the the meeting from uh that evening and talked specifically about this item talked about the environmental impacts uh that was a concern talked about the community desire to not have it connected uh that was an outcome he supported and an outcome that he worked with the community to achieve uh and that was an outcome that frankly was the expectation of the conditional notes okay and and having known judge Newton for well over a decade he is probably one of the most meticulous human beings that I know and so I don't doubt that he didn't do his homework as a result of making that decision but I I guess I need more information as to why and so um I I I will get with you offline uh David just to make sure that I'm clear on what was the Legacy information but for you Colin you said that you how many people have been at the community meetings can you give me that inform um I can follow up from our community meeting report um and let you know that it says 11 in the report yeah and you've only had just one that that was our official uh we've had a couple extras okay you have had more than that right correct yeah um so and and your take is in those in those opportunities you haven't had any other person that's been in opposition there have been folks that have SP other things I have not heard a single person say that they think Levy way should be built other than Mr Klein so we're looking and I'm just trying to make sure because this is the first time that I think I've entertained this as an idea um we're just looking to strike it's so it's clear that Levy way doesn't have to be built okay the city's interpretation so after I think a lot of plotting the city interpreted that yes but we would have to dedicate the right of way and bond it well if we dedicate it and bond it then it could be later built and that's not what we told the community so if that's the decision of the council that's what we'll do but that is not that is not what the zoning was permissed on that is not the community's expectation okay and the dedication of right away again just to be clear that was not in the previous note or there was a note in there that did talk about dedication of Rights of way prior to the numbers of cosos that I think was modified to that number five uh but again that wasn't I think the the last kind of minute nature of making the changes and capturing leevy way and the connection not being a desired outcome that got all kind of lumped in under that umbrella and staff saw that and said well you do technically have to bond and dedicate this right away but as Mr Brown had mentioned that kind of takes it out of the developer hands in a sense because the city could as you heard from Mr Clint come back and build that road and that's not again what the developer really did commit to during that resoning process it's it's unfortunate that the note wasn't made as clear as as I think maybe it could have been U but again I think that was just trying to get that done in a flurry at the last moment um and it just got captured more in the umbrella of All rights of way so the the note now would verify that that right away doesn't need to be dedicated or bonded uh which keeps it into that control of the project whether it gets built or not once you Bond it the city could come back and build it next month 10 years from now and again that wasn't an outcome that uh the neighbors had an understanding of during that original zoning back in 2020 okay and um Colin I just because I wasn't a part of the original petition right I I'd be interested in if you have an appetite to have a meeting with the neighbors um to you know I I think that would we'd be happy to meet out there on site yeah I'm happy to come for any neighbors who are opposed or in favor of just to make sure that we're clear about what those expectations are you know and it sounds to me that it may absolutely be consistent with what we have in front of us but I think just for due diligence measures I'm open to do that and okay that's all I have I I have Miss Mayfield and then Miss Johnson thank you Mr DRS this is a question actually for staff help me understand the conversation around the notes so you just mention it and Mr Klein mentioned that that conversation was held multiple times we on number five what is our actual process when staff cuz if I'm hearing you correctly you're saying staff didn't catch a error and you've had multiple conversations before staff realized that there was an error based on the previous approval of this project so help me un understand that yeah it there's challenges at times when you work through a conditional zoning particularly one that you know has this much uh attention to detail and as uh Council M Molina alluded to council M Newton was very meticulous particularly on this one uh and I think there's always a bit of a risk where as you're going through that process and things kind of go through iterations and and sometimes they go through iterations very quickly uh there's maybe not always a time to truth it with the Land Development review staff so at times there may be a conflict in a note that on the resoning team we think yeah that works makes sense to us meets with the count Community is looking for helps you know address this issue for you know a council member and it gets down into permitting and they look at it and go well guys it it maybe doesn't say it exactly the way we'd like it to uh and so that's where we kind of find ourselves with this uh where the intent didn't quite match the language but uh that's I think a good Testament also to our review staff for knowing that you know when they see that disconnect there's processes to go through there's administrative amendments there's you know rezonings which is what we're in now to try and correct some of those uh we try to get them right but there's sometimes where conditional notes sometimes do run into a little bit of a conflict down in permitting and there's multiple ways to get through that uh and this one was going through the resoning to modify that note back to uh read in a way that made permitting folks feel more comfortable with it thank you Miss Johnson my question is for the City attorney Mr kleene cited an ordinance or a a law he he he said that all rights away must be dedicated prior to the First Co so I wanted to know if there's something that we need to consider from a legal perspective so I I wasn't quite following everything he was saying I'd like an opportunity to try to look at that further and get back to you okay and and just all rights away must be dedicated prior to the first to you kept referencing that's the conditional that's the conditional note on their plan which would relate to them posting the plat and the bond for dedicating that right away whether they build it right this minute or not they would put the that's the process that they would put the money up and then they would decide if they're going to build it and if they choose to not build it then I guess the city would cash the bond and build it themselves down the road Maybe okay so that was the conditional not happen correct that's yeah that's on the plan correct right so I guess my question is for Mr P that didn't happen and that was in the note our citizens do rely on these notes and we as Council you know work to to have these notes and and concessions con you know constructed and and and our citizens again they trust us for that so can you speak to that yeah so the it from what I understand and I can defer to the petitioner or I can defer to our folks in C dot the rights away for the roads that were constructed have been dedicated or they are proposed to be dedicated they're showing up on uh our mapping software looking like they are dedicated for the roads they have constructed to serve the project what we're talking about is just the right of way for uh this potential potential connection you can kind of see on this map these two lines here on either side with this white line in the middle this is the RightWay for the the project that was built up to this point you can see there's no line on this side there's continuing right away for leevy way here crater Street as it's right away platted so we're really just talking about this portion of RightWay here uh so from what I understand the other rights away there have been platted or or need to be platted or in the process of we're just talking about this issue or this piece of RightWay right here so the other ones have been you know have been met it's what got caught up is that staff looked at and said well this is part of that right away you need to platin bond this and and that's when the petitioner said well that wasn't our original intent uh that's not what we communicated to the community how do we Rectify this and and uphold the commitment that we made during that resoning which is why we're here tonight yeah um we'll have to talk offline about that because you know I understand the concern if it says all must be dedicated and how do we uphold that commitment well again I think the all was everything that we had intended which was all of these that you see in this portion here going out to the street and then going out to Commonwealth uh but the all the original intent with that was not not this there was a note that talked about this connection not being made but unfortunately we their forethought wasn't there to think about the platting of it and bonding of it uh that was really only intended to cover the roads that were going to be built to provide connection to Commonwealth and then back out to Monroe okay um so for our attorney' been platted do we have language or is there anything in our ordinances that that protect us or or allow us to correct errors or unintentional unintended consequences so we'll have to research it I think that the way that they're trying to correct it is you know via this um this um site plan Amendment but this what I think is being spoken to is um a SE dot process which I'm not completely familiar with and so we'll probably need a little bit of research from the staff okay well that's what this hearing process in this next month will allow so thank you Mr truth you said that wrong move to close i' have one comment okay uh soon as the gentleman you're only the question you're only the council ask question we're back so uh Mr pett and you said you called it an oversight or whatever uh and the suggestion was that it was always intended to be the way we're now trying to make it uh I'm thinking about the kind of precedent aspect of this I mean isn't a situation like this actually rare so that if we made this correction which I believe the council has the authority to do it that wouldn't lay the groundwork for countless others to uh to come in I mean we would treat those on a case- toase basis but this particular circumstance where you're even acknowledging that it was an oversight that we got here is rare yeah again it doesn't have we try to catch this kind of stuff we did work with the subdivision team and we went through the process of talking about this connection you know I just again think the note in our brains the note seemed to work and captured what we needed to to address that final issue of the connection just that note about dedication of All rights of way uh kind of is an umbrella note that captured this particular particular portion but this particular portion again was the intended outcome was to never make that connection uh you know as Mr Brown alluded to you know if there's a if the petition doesn't move forward they would plat the road right away and potentially Bond it the road may or may not ever get built we may end up with the same outcome but I think what the request is that's in front of us is for the petitioner who went through this process knew that they committed to that to the community and they want to make make sure that they're trying to go forward and and uphold it the way that they had those conversations with them four years ago rather than say well we've got to do this bonding and and platting and it's kind of out of our hands and that was I think what what the request again is in front of us tonight is to put it in the developer hands that made the commitment in the first place so uh you know either way the road may never get connected but this is a way for the petitioner to try to uh uphold that commitment from four years ago so I will entertain a motion to close so move I'll move all in favor it's unanimous all right thank you thank you so we move on to agenda item number 20 2024 046 by Lenard Carolina's LLC approximately 26.17% Board of County Commissioners representative Miss leak and the closest city council location is Mr Grahams district and Miss Johnson's District current zoning is uh multif family conditional R8 MF and the proposed zoning is neighborhood 1A conditional the staff does not recommend approval of this petition in its current form so we have uh to speak uh we have um Mr Brown Miss ly and Joel Coy and they will have uh 3 minutes after the staff presentation thank you petition 2024 046 is located on the west side of B Ford Road north of kid Lane South of Miranda Road site's approximately 26.7 acres in size and currently developed the two single family houses current zoning is R8 MF CD multif family conditional proposed zoning is N1 a CD neighborhood one conditional 240 policy map recommends the neighborhood one place type for the site n1a district is consistent with the N1 place type little background the site was rezoned in 2022 from R3 single family to R8 mfcd multif family conditional to allow for the development of 123 multif family attached dwelling units proposal calls for a residential subdivision made up of single family duplex and Triplex dwellings uh utilizing the compact development Provisions permitted under the n1a zoning District Triplex dwellings will be limited to no more than 25% of the dwelling units on the site um commits to install a Class B landscape yard along the perimeter of the site where a budding neighborhood one place type provides Transportation increments including access provided being via kid Lane and Cowboy Lane reserves 110 ft of right of way for the future Fred D Alexander Boulevard commits to the construction of a turn lane on kid Lane and a left turn lane into the site on B for Road commits to the construction of 8ft planning strip and 12ft multi-use path along the SES from batty forward Road and a 6ft sidewalk and 8ft planing strip on kid Lane provides architectural Provisions including preferred building materials pitched roofs garage treatments where visible from public streets proposed raised entrances along sidewalks usable front porches and Stoops sidewalks connecting all units public Street staff does not recommend approval of the petition in the current form uh the petition currently lacks needed specificity regarding the adherence to the requirements of the compact development alternative under the n1a zoning District the plan does not State the number of dwelling units proposed and does not clearly outline open space and green area standards the plan should include additional information regarding the Fred D Alexander Boulevard uh RightWay dedication and possible Improvement the site should address the outstanding issues from c. urban forestry and subdivision happen to take any questions after Mr Brown's presentation Mr Brown you have three minutes great Council mrig council members and committee members um Colin BR I've got one more interesting one and then I'll get out of your hair um so back around on this one Max thanks for the overview this is uh in unincorporated meinberg County close to city council District 2 and then District Four would be up here um District Four would be up there council member Johnson um but currently in an incorpor so story this property is currently zoned R8 mfcd it already has a multif family zoning this is the zoning plan for the site it allows 132 units it allows town homes with five and six units per billing building so that's a pretty intense zoning uh that developer did not move forward lenar would like to buy the property but Lenard doesn't want to build this plan so all lar is trying to do is get rid of that rezoning so they can develop now we're seeking the lowest zoning that we have in our ordinance y'all know n1a is everywhere all we want is n1a we literally want to go to the lowest zoning district there is it's a little puzzling we're here without staff support to go to the lowest zoning District that we have in the ordinance so we are proposing conditions uh on ourselves so we can have lower than the lowest zoning District our ordinance allows uh We've committed that instead of the five and six units buildings that are already allowed that we would take that down to duplexes and triplexes and limit the number of triplexes we're talking about an all alley loaded product I think I don't think staff is far off uh on this I think there are some Transportation improvements that because we are in a conditional environment we can have some conversations about uh so that's we'll look to do that um in fact we'll get that filed this week so hopefully we can come to zoning committee with a recommendation but again big picture this site is already zoned it's zoned for five and six unit buildings we are trying to frankly down Zone from that to the lowest District we have in our ordinance and are still providing a conditional plan and will address uh staff's concerns Havey to take questions any comments Miss Johnson and brown the staff get to rebut that oh yeah okay no I'm afraid not well I well I I guess actually I'm sorry you said they don't recommend approval so uh in current for I don't think there's a staff rebuttal if there's no speaker signed up against would staff like to reut that we can pose them question yeah uh what well what I heard is that it lacks it lacks the needed uh specificity uh the plan doesn't State the number of units and there are some other things that the staff is asking that are addressed I'm not sure there's any n1a in the city because the basically the entire city is n1a the lowest District none of that has a conditional plan so we did not expect that request we're we're happy to add some more frankly we don't know how many units um so one of the things they ask about was the we don't know we're just doing a street layout our ordinance is changing so we're trying to figure out what we can do Under the most basic standard again I don't think we're far off um well you know there is an opportunity because we're in for a conditional plan you can ask for things uh and I think reasonable questions have been asked about the uh RightWay and we're going to make those changes okay well I look forward to your working with the staff and US hearing some more move to close no I'm sorry m brown had okay um and also I think Miss Brown didn't you want to speak I was just acknowledging someone that said are here to speak speak what's that someone raised a hand and said it here to speak onist you had to speak up before the hearing started in order for us to be able to include you clerk is that right yes before the yeah so I'm afraid that you you can't uh you can write to us and let us know your thoughts and I'm sure we'll be happy to take them into account um and Miss Brown did you want to speak or did you just want to not the constient can I can I just ask a question I'm sorry yeah go ahead because that rule wasn't stated at the beginning of the meeting right and I I don't know if the mayor normally states that but I mean the public doesn't know our processes so since she could have spoken if she so she would have had to sign up when your rules and procedure you have to once the item is called you can't sign up to speak so up to 5 minutes ago she could have signed up before he called the agenda item yes okay so we could make a motion to suspend the rule I uh really would rather we did Miss Johnson uh we rather what and you can let us know we rather what we'll hear you the constituent is here you said we'd rather not that's not for you to say Mr we have to say that together as I'm a little concerned about setting the precedent of uh making exceptions like that and uh our rules as stated on the website and elsewhere are perfectly clear you need to sign up in advance right up until uh before the hearing starts and the citizen has been in the chamber and hadn't made her desire to speak known before now which she could have but to have somebody arrive during the hearing and uh want to speak invites the possibility of kind of a disorderly process where a bunch of PE people then speak up and say me too and come down here so I I would love for us if we can to just adhere to the uh the the policies that we have which there for a good reason okay I can respect that but I want you to clearly state that so that for the record so that we could hear that but don't just like no don't you don't make that decision by yourself cuz we are a council and we vote on it so that's okay we'll move forward with your explanation but I did was just getting giddy sitting here in the chair you see and no I understand but I just wanted to always acknowledge the constituents because they take time out of the busy schedules to come down and be a part of these meetings which are lengthy I just want always their voice to be heard but if we have moved over the policy and she can't speak that's fine but I just wanted it to be clear take the point Mr Brown point point need to be taken and and and on your request I did explain my reasons so if we can um uh I had a question I forgot what it was but I have a question um pardon me while I get myself back in oh I'm was curious that this is a a conditional resoning but apparently not supported by a site plan and it sounds to me as if the staff is not so much opposed to what they want to do is simply troubled by the fact that they don't know enough about what they want to do so what is your take on that why don't we have a site plan there is a site plan um it doesn't go I I don't think we're concerned with the amount of specificity in the site plan the kind of bubbled areas that show duplex and Triplex areas are fine it's in regards to not clearly stating a producing a cap on the number of lots or number of units permitted and as Mr Brown alluded to you know under a conditional plan the petitioner does open up themselves a little bit to those additional requests and um so so the primary concern is with the number of permitted lots and units and what is happening with Fred D Alexander Boulevard um it it it's kind of a vital access point on the on the proposed plan um and it's not clearly stated but you know the plan as a whole we I don't think we're finding we're not opposing the plan as a whole just some certain aspects of it and that's why we've stated not in current form so is this an issue related to the introduction of the compact development alternative and its application is that the problem so the plan do not clearly state that they will be utilizing the compact development um alternative so all right thank you um it it sounds like you ought to be able to work it out but I'll leave that up to you guys anybody else do I have a motion to close second oh you got a question second no motion to close motion to close second all right all in favor okay thank you we move on to uh 1 2024 045 by dford communities approximately 3.72 six acres that's very specific located along the south side of the Plaza East of anry Road and West of lake Lake Drive this is in Miss Anderson's District the current zoning is n1b and the proposed zoning is neighborhood 2A conditional staff recommends approval of this petition upon resolution of outstanding issues related to site and building design and the environment and now we will hear from staff thank you this site is a little under 4 Acres along the south side of the plaza West of Lake Dale Drive located generally in the Shannon Park neighborhood where we see largely single family as well as multif family uses with some commercial nodes interpers throughout that service those residential uses site is currently Zone neighborhood 1B and they are proposing to go to Neighborhood to a conditional this proposal is inconsistent with our policy m recommendation for neighborhood one at this site policy map does call for neighborhood 2 along the northern side of the plaza the request itself is for up to 45 multif family attached units and they would be limited to 48 ft in height the site may also have park or open space areas that are amenitized with Hardscape features servicing residents 25-ft landscape yard would be provided around the perimeter of the site and each unit may have up to 20 50 ft of open space or they may have common open space throughout the site there there will be a 60ft Greenway easement that's along this Western Edge and within that 60ft Greenway easement we will have a 50-ft swim buffer there's an 8ft sidewalk and plant 8ft planting strip proposed along the plaza in addition to an 8ft buffered bike lane along the plaza the petitioner also commits to upgrading the bus stop to an ADA Compliant bus stop they provide some architectural stand s related to having no more than 5 units per building and no more than 150 ft in building length they also specify preferred building materials screening pitch troths and ports and streps for the units staff recommends approval of this petition upon resolution of some minor outstanding issues although inconsistent with the policy mount's recommendation for neighborhood one this site does meet some criteria that we would look for when there's a place type change proposed and that criteria includes it items like its location along an arterial road adjacency to existing neighborhood 2 developments proximity to goods and services and access to multimodal Transit options this development would allow uses pretty similar to what you see already entitled along the plaza additionally it's less than a mile away from areas within a neighborhood center Place type in both the East and West directions of the site and those neighborhood centers house uh generally neighborhood servicing establishment uses and that support densification in the abing neighborhoods given that those future residents will be able to take advantage of those amenities that are easily accessible the petitioner commits to upgrade the existing bus stop as well as constructing a buff bike lane and expanding those sidewall networks and that helps to facilitate alternative Transit options that are generally pedestrian friendly and may service the future residents at the site as well as the neighbors that already live in this area this resoning is cognizant of the adjacent single family uses and they would have that 25t landscape yard around the perimeter of the site in addition to that 60ft Greenway easement along the western boundary and these conditions as well as the architectural standards that they build in help create a more Mindful and sensible application of a denser residential product type than is currently entitled on the site and I'll take any questions following the petitioner's presentation so uh I know Mr Drakeford and you are not Mr dford I'm guessing you're Mr Moore yes sir thank you uh council member Driggs and council members my name is Eddie Moore with McAdams we are assisting Bobby dford with the dford company with this resoning uh again yes the site is located south of the plaza to the north we do have a multif family development and to the Northeast we do have two schools and some institutional zoning some of the highlights of the process so far we have held three Community meetings and we have received written support from James burus the president of the Shannon Park neighborhood association on this rezoning the town homes that are proposed they will provide a different and diverse housing type within the area we are requesting up to 45 rear loaded Town Homes uh these Town Homes will front the plaza and it will create a nice streetscape um per concerns from seedot and some of the neighbors we have eliminated our entrance along the palaza and we are extending Plaza Mata drive into the site as Holly mentioned we are providing a new covered bus stop and dedicating the 60 ft of the western boundary of the site to Brier Creek Greenway this is our initial site plan you can you can see here this was our connection to the plaza uh they were concerns from Neighbors and ncdot from there we Chang gears we had to incorporate this small piece of property into the assemblage and Plaza Meadow Drive will be extended as a public Street into the site here's our updated site plan showing that extension and also the units as I mentioned they will face the plaza offer a nice streetcape the units we do have internal to that uh they will be they will be rear loaded as well so we do have op open space opportunities throughout the site just some architectural inspiration for the site this is more of a craftsman style with varying Mater materials along the second and third floors and along the first floor there's could be a mixture of break or stone was kind of continuing on with that theme with the rear loaded uh town home and varying pitches and building articulation and the same with these and I will answer any questions that you may have thank you any questions or comments uh I would just note it's pretty uncommon my experience that 65 people attend a community meeting and no one shows up to speak in opposition so uh congratulations and otherwise yes Miss Johnson I just think that speaks to Mr drf for's um ability to work with the community and his and his input and insight so thank you for your for your standard yeah second all in favor okay agenda item 22 2024 060 by dream key Partners approximately 4.36 Acres located in the southwest intersection of West Rocky River Road and Old Concord Road north of Torrance Grove Church Road in Miss Johnson's District the current zoning is n1a and n2a the proposed zoning is into a neighborhood to a conditional staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environment and with that take it away thank you um the site as you mentioned is a 4.36 acres and is located at the Southwest intersection of Rocky River Road West in Old Concord the context of the surrounding area includes a church immediately to the west and this development proposes shared access with said Church there's a small commercial node developed with a 7-Eleven with gas pumps located to the north of the site and the property to the Northeast cross the railroad tracks is currently under construction to allow up to 126 duplex units additional development in the area includes single family residential as well as a school to the South along Old Concord Road the site is currently zoned n2b and n1a and the request is to rezone to n2a conditional a mix of zoning is present in the vicinity including commercial General to the north n2b and N1 1 a to the West which is developed with the church and n1a to the south on the east side of vol Concord Road a mix of zoning includes manufacturing light industrial and ur2 which is the duplex uh development under construction the 2040 policy map calls for the N1 Place type for the subject site but the surrounding area includes a mix of place types reflective of the existing development pattern which includes manufacturing and Logistics neighborhood 2 and Commercial Place types The Proposal includes a up to 54 duplex and Triplex units provides for an 8ot planting strip and 12ft shared use path along Old Concord and an 8ft planting strip an 8ft wide sidewalk along Rocky River Road and has access via a shared driveway connection on Rocky River Road staff recommends approval of this petition upon outstanding issues related to transportation in the environment in support of our recommendation the site is about a mile from a community activ It Center which will provide access to goods and services the site has Frontage on two arterial roadways a portion of the site is currently zoned n2b which could allow multif family stack development the proposed resoning represents a better transition given the surrounding uses the area has also been identified as being within a housing Gap area and this development would would fill a need by providing middle housing a middle housing option the petition could facilitate goals one 10-minute neighbor neighborhoods two neighborhood diversity and three housing access for all approval of the resoning would change the place type to Neighborhood 2 I'm here if you have any questions Miss qu back thank you good evening members of council members of the zoning committee my name is Bridget Grant it's a pleasure to be here repr presenting dream key partners with Fred doson as well as pastor Matt on the development of some affordable housing opportunities in in um partnership with new Presbyterian church I'm going to quickly just share the site plan to show that it reflects the number of units that we're proposing on West Rocky River Road and Old Concord Road as you can see we're looking at up to 54 town home style single family homes with an amount of open space in the middle it's a little different on this one we actually have more trees after the development of the site than we currently do today we know that traffic is often an important thing that's brought up throughout this process and so we wanted to share that a new signal provided by others is intended to be developed at their or installed at the corner of West Rocky River Road and Old Concord Road that will help mitigate some of the traffic concerns in this area all in all we really appreciate the opportunity to bring forward another development um that's offering affordable housing opportunities I think staff did an excellent job so I'm not going to repeat the merits and place type consistency I'm going to go ahead and turn it over to Mr Dodson let him talk a little bit about where dream key is at good evening council member drgs and members of council my name is Fred Dotson I'm the chief operating officing Executive Vice President for dream key Partners we're seeking reson approval for proposed development on land owned by new pres Presbyterian Church dream key plans to purchase this land to develop up to 54 affordable homes for sale to individuals and families earning less than 80% of the area meet in income additionally these homes will have a 30-year affordability period ensuring long-term affordability for future generations of homeowners at dream key our mission is to transform lives communities and what's possible through affordable housing this development is a reflection of that mission and we are proud of the positive impact we will have on the stability of families and neighborhoods in Charlotte we are especially grateful for the support we've received from new Presbyterian church and their pastor Matt Connor who have been instrumental in making this Vision a reality their commitment to serving the community aligns perfectly with our mission we respectfully ask for your support to bring much needed affordable housing to Charlotte uh thank you for your time and consideration I'll turn over to Pastor Matt in the fall of 1889 a small group of people doing their best to to follow Jesus gathered in a home and committed to Building a Church 135 years later a small group gathered in a church and committed to Building Homes we sit on about 10 acres with three buildings all of it underutilized in the midst of an affordable housing crisis short some 35,000 units but we can create space for people to live work play and pray we can be better your time I'm afraid your time is running out if you'd like to just wrap up and not get cut off that was me 10 seconds cuz I interrupted all right we can create space for people to live work play and pray we can be better stewards of our space we can change lives for generations to come but we must organize dream and take some risk together and we must do it now nice thank you you did it under your time anybody yes M you want to stop okay thank you Mr J I I do not have a question I do want to say thank you I want to say thank you to all of you this Falls right in line you are continuing what is started with a number of other religious institutions in our community but as we kicked off our faith and Housing Initiative in January this year and as we are going through what that would look like for Community I am happy to see this type of collaboration with not only recognizing our goal in the city to get as close to 10-minute neighborhoods as possible but to build a quality product that's in differing price ranges so that our Workforce can afford to stay in our city and not live an hour outside of the city so I just wanted to commend you and thank you for the leadership within your congregation and thank the congregation for recognizing the value and thank for those who are in attendance thank you for seeing the opportunity in the community and to publicly thank dream key for being that partner I know it is going to be a beautiful project I look forward to hearing more thank you Mr drez John thank you council member Mayfield um I can piggy back piggyback off what she said you all were singing my song right you you talked about affordable housing and and traffic improvements and even the for sale housing um when you talk about upward Mobility so I've had the pleasure of speaking with Pastor Matt and um I just want to say thank you also I was watching council member Mayfield and she was you know sitting back like a proud mother because I I you guys have spoken as far as the faith faith-based initiative so we talked about precedent setting this is what collaboration looks like this is and and I'm honored that it's in District 4 so I'm looking forward to supporting it thank you I have Miss Brown and then miss Molina I'm honored that the project is here it may not be in District 3 but it needs to be a ripple effect I think that uh more of people moving forward could benefit from your model maybe this can be an example faith in housing coordinator director over there yes I but on a more serious know everything that you said people have to live and Thrive and because everything is so expensive and the prices are outrageous to see you come for and dream key does amazing work but just to see you come forward I'm I'm happy it's not in my district but maybe one day can be and so with the city growing and moving forward you know this is going to be a no-brainer cuz everybody is going to be on board with this this is something positive something that affirms everything that we want to see don't always get to see but always want to see so this is definitely amazing Faith bath organizations that are listening get on board okay meet us at the altar thank you so much Mr chairman thank you um I I'm just echoing my colleagues BR you know I'm a fan I love the work of drink key I can I can vout for it I know what's being done there I know the mission um Pastor thank you I think um more often than not you know every time you see someone step out on faith to honor a mission it's just it's admirable um and from where we sit often times we're arbitrating something that we are trying to balance in in the best way possible but this is it's just easy to get behind I'm you know happy for my colleague here and I I looking over there like at council member Mayfield cuz I knew she was about to jump out her seat when she saw this so um I'm I'm pretty sure you guys are going to get some some good support from this Council keep up the great work thank you so much for what you're doing move to closer here second second actually I before we do before I Pi the vote um so uh Pastor Connor it looks like you're going to have a rough ride through the uh Council approval process um I did want to join my colleagues there there's a partnership like this of a church in my district in district 7 and I believe this is a way that we can leverage the resources the city is investing uh and it it's just an appealing partnership as well because of your commitment to Mission and our commitment to solving housing problems so I I will just add my note of thanks as well can I just add one more thing I'm sorry one there was one email I got from the residents asking about the tree save and the trees and and I just want to add and I don't know if I reached out to you Bridget but I do have an email from someone that there's like you said more trees that will be planted than there are currently so this is as far as the environment and just it's just a a great development so thank you so what a happy moment okay moment sunight thank you thank you oh my God it's like the sun yeah when there's always a thunderstorm we know who the Troublemaker wrap up the hearing the clthes all in favor okay very good um so uh agenda item 23 uh petition 2023 070 by Ahmad developers LLC approximately .97 Acres located on the south side of West Mard Creek Church Road East of Claude Freeman drive and west of stal Fox Street in Miss Johnson's District uh the current zoning is neighborhood 1A and the proposed zoning is General commercial conditional staff recommends approval of this petition upon resolution of outstanding issues related to environment and site design we have no speakers signed up for this so we'll just hear a staff presentation thank you as noted the site is a97 Acre Site located on the west side of Mard Creek Church Road East of Claude Freeman The Proposal is to rezone from n1a to General commercial conditional the area surrounding the site includes office Corporate Park uses to the South and West a shopping center to the north North across to Mard Creek Road and mixed use development further to the West which is appr was approved in 2021 for up to 200 Town Homes in a small commercial out parcel the site is surrounded by property zoned research campus to the south and east the shopping center to the north is zoned mud o and neighborhood service zoning is present further to the West the site is surround site and surrounding property are in the campus Place type and the property to the north side of mad Creek Creek Church is recommended for the commercial Place type the proposal is for up to 8 ,650 ft of commercial and Retail use space the height is limited to 50 ft and cross access to the abing properties is provided to the east and west a 12-ft shared you use path is provided along the site's Frontage staff recommends approval of the petition upon outstanding uh resolution of outstanding issues related to environment and site design based upon the following upon resoning the site could provide access to goods and services for those who work within the surround in business park access to goods and services has been identified as a high priority need in the area the site will support the town homes that have been approved to the West the proposed use is consistent with the established retail uses to the North and the petition could facilitate goal one 10-minute neighborhoods and goal eight diverse and resilient Economic Opportunity approval of the resoning will change a place type from campus to commercial here if you have any questions so in fact we do have a speaker Mr Ahmad you have three minutes thank you uh good evening staff good evening respective council members uh thank you for letting me uh giving me the opportunity to speak here today my name is charil lad I'm with the so consultants and I represent the ownership of resoning 2023 d70 as staff mentioned it's about a 1 acre side um in the south side of West Mard Creek Church um surrounded by multiple different uses including mixed mixed use commercial and campus we're proposing a rezoning for uh commercial Z commercial um general which will be included of five shops approximately 1,700 ft each totaling about 8,650 Square ft our goal here is to aim for the uh tenants that are not currently in Charlotte that's what we're um doing at Mount Holly Huntersville and also here at West M Creek Church this is a layout of the site and just to add on to staff um all of the environmental issues have been uh corrected as of last week and just a brief summary I appreciate your time and I'll take any questions if you guys have any Miss Johnson thank you and hello to Mr mod I've had the pleasure of um meeting you before right um if you don't know he's he's behind heel Charlotte so he's done doing great work in in the Comm Community yeah so I do have a question did you mention what the use for these for this building would be um it'll be commercial General so anything with retail or like uh restaurants or any type of retail that falls into commercial okay we need rest and District FL just we are going for things that are not in Charlotte currently so okay I'm from up North and uh there's a lot of good eerw up there and we're missing a lot here in Charlotte good all right I left the talk offline okay yes ma'am CL second all in favor thank you thank you Mr M thank you we move to item agenda item 24 20246 by oakill management approximately 25.7 Acres located on the east and west side of Executive Center Drive south of albamar Road and West of Farm Pond Lake in Miss Molina's District current zoning is office Flex campus proposed zoning is neighborhood 2B staff recommends approval of this petition take it away thank you um the site is approximately 8.83 acres and is located on the west side of Executive Center Drive the site is part of a larger Office Park Park and is surrounded by multif Family development to the West a school and office uses to further to the west and office uses to the north and single family to the South the site is currently zoned office Flex campus and is proposed to be rezoned to n2b this is a conventional petition that proposes to allow all uses permitted in the n2b zone the surrounding Office Park is also zoned ofc and multif family to the West is is zoned R12 and there is n1b zoning further to the South the predominant Place types in the vicinity is campus encompassing the whole of the office Park and the Neighborhood Place type recognizing the mix of residential uses in the area staff recommends approval of this petition and finds the proposed zone is consistent with the mix of residential uses to the West Additionally the site is within an access to housing Gap so access to has access to Transit is within a quart half a mile to an activity center and is within a half a mile of a proposed major Transit act Trail access point all of which are supportive of the requested n2b Zone approval of this resoning will change the place type from campus to Neighborhood to I'm here if you have any questions Miss Grant you have three minutes good evening thank you Teresa um members of council members of the zoning committee Bridget Grant with Moran Van Allen happy to be here on behalf of oakill management in Chris Brookshire um council member Molina you may recall that this is essentially part two of resoning effort that um to bring back life to Executive Center Drive since oakill was purchased over 10 years ago occupancy is continued to be lower than acceptable or functional for the office Park so as a first step the oakill team reson the two Parcels that they own at the corner of alam Marl Road and Executive Center Drive and they aligned the place to or the zoning with the place type to a community Activity Center the second step is to seek to reone two of the office building things rather that are further into the site that regrettably have reached their life expectancy and sort of aged out we appreciated the unanimous support of council when we were going through the initial resoning for the CAC zoning and hope that bringing additional investment to the park with mix of uses into the office Park will be viewed favorably as we've come to see office parks that have an in a mix of uses can improve their overall viability this proposal to allow n2b is consistent with the adjacent Place type and provides housing within that 10-minute neighborhood form and incredible access to schools employment and Recreation uses and with that I'm happy to answer any questions Miss Molina thank you Mr chairman um just so really quickly I want to make sure that uh so I saw that uh there was an understanding that this was supposed to be a decision tonight this is not a decision being made tonight I want to absolutely be clear about that this is what we call a public Hearing in the process this is where we hear from the petitioner we hear from staff we hear about any outstanding issues and we hear from any um community members that are in opposition or in support of a particular petition and it's an opportunity for us to go back and have conversations if necessary but tonight I repeat is not a decision uh but with that said I know that from what I saw online today there was some concerns about the density and the changes in the density as a result of like what's happened incrementally can you can you tell me a little bit more about that like yes thank you so we're seeking all uses permitted in n2b so that could allow a range of residential unit types they're doing this proactively to address that they have some decreased vacancy in the office buildings this gives them the opportunity to push all of the favorable businesses the businesses that are working into and collaborate and get 100% occupancy in some buildings and then use the spots that are vacant for residential just provide that mix um I don't know how they were defining higher density online what's high density to one person is not necessarily the same as other but N2 is one of the lower residential districts okay and so it's kind of a Miss mixed office space and residential right now as it'll currently be zoned with this particular petition am I correct and it is all office right now with the exception of the community Activity Center up Alum Marl and this will bring some residential into the office okay so just for context uh colleagues you guys you you know where Executive Center Drive is it's where like the Social Security Administration used to be and uh NC works and all of that I don't know if you guys have been there but it's mainly all office space is kind of like a drive-thru area um lot of buildings a lot of buildings but there's been uh how much occupancy at this point the current buildings haven't been more than 60% occupied in over 10 years so it's low um and and there's a lot of vacancy so I like I said I from what I collect and and you and I can discuss this offline and I'm happy to facilitate another meeting you have had and reached out to community members we have we've had two Community meetings we had the first one when we were looking at contemplating resoning the entire Executive Center Drive campus and then we had a second followup to narrow in on the parcels that we're focused in on so yes we've been in touch with the community okay and I'm I'm open to if we need to do that again you know but between now and decision time to offer that opportunity again I want to stress to anybody who lives in East Charlotte that is interested in this particular uh petition and you have any questions please reach out to me directly um my email is my first name. last name at charlott nc.gov I'm happy to make sure that you're connected to this petition that you get all of your questions answered um unfortunately or fortunately my colleagues will depend on me like for what I found uh but if you'd like to you could reach out to all of them if you'd like but please reach out to me directly that way I have a pulse of what you would like to have said for this particular petition um and with that that's all I have colleague Miss Molina we appreciate your analysis and assessment Miss Johnson thank you yes I have a question I'm very familiar with Executive Center Drive I used to work in a building yeah 700 so um and I ended up having an agency Fair um and brought together all the services in that office um Park and the Democratic party was one of them so that's how I got involed that was there too but there were so many social service agencies there and part of the reason is because it's affordable office space and as the city's growing we know that we have to worry about residential displacement so the same could be said for Office Park space there are uh Monarch is over there it's a mental health agency locational rehab um adult probation uh just so many organizations so that would be a concern for me Miss Molina I think we even mentioned that before too right we we we did we talked about it so as a council we need to be conscientious of that I mean those are very important services for the Comm community so where are organizations like that where's the space for them and then I want to clarify for this petition are you saying one of those Office Buildings on the corner I think is V it's 5500 or something is vot rehab so are you saying that some of the offices the 60% office space would they condense and and all go to other space or what would that look like that's the goal the goal isn't to necessarily Place businesses it's to unify them into buildings that aren't obsolete some of the two of the buildings that we're looking at even one of the tenants called and said it's a great move there are other buildings in this on Executive Center Drive that are in better shape that we would like to be part of so that's really the goal okay that's my that's my question thanks um and colleague I just I want to follow up on that because if you remember when we talked about this before remember we were talking about the businesses and I I brought that up to you directly if you recall like the businesses uh there was one in particular the after school program for the van remember the van we asking for she's in there too okay right so it's it's trying to you know make sure that we don't put those businesses out and provide housing opportunities so it's really just trying to balance that and like you said it's affordable for a lot of the people who who help our community members so I think that's a great Point colleague and it's you know something that that we could discuss I'm sure the community would absolutely be interested in that I don't know if the vacancy rate is information that's out there um but I'm you know happy to make sure that anybody who's interested has that as well right I mean I think Wick is over there I mean it's a place where people go it's on the bus line so we need to have something like that for our citizens we we just have to be conscientious of that if it's the Valerie Woodard Center I I don't know where it is but we can't steamroll um over that and just not be conscien of that agree I think that was staff's good guidance to have us pull out some of the Office Buildings to leave them Grant there wasn't a question I'm sorry apologies um if you'd like ask a question but otherwise uh nobody asked her a question so so what were you saying about the office building thank you and apologies I should know the rules by now um we had the entire office Park included and that was one of the points from staff that they wanted to see us pull out some of the parcels to commit to by that very fact that we pulled them out that they would remain office and remain available to all of the businesses that are located there okay thank you colleague all right do I have a motion close move all in favor okay we move on to item 25 resoning petition 2020 24037 by Church Overlook LLC approximately 1.53 Acres located on the north and south side of 28th Street and the east side of North Church Street West of North Trion Street in Miss Anderson's District the current zoning is manufacturing and log Logistics to the proposed zoning is Neighborhood Center conditional staff recommends approval of this petition upon resolution of requested technical revisions over to you thank you site is just over five Acres along either side of 28th Street and the east side of North Church Street it's in an area that has historically been used for various Industrial and Commercial uses but we're seeing it gradually transition into more of an activity center and in particular along North Trion where we've seen a lot of investment to redevelop those sites currently zoned manufacturing Logistics too and they are requesting to go to Neighborhood Center conditional this resoning is consistent with the policy where it calls for Neighborhood Center on those Southern two parcels and it's inconsistent with the policy map where it calls for neighborhood 2 on the Northern two Parcels of this resoning site the request is to allow for all Neighborhood Center uses with the exception of the following vehicle fueling facilities vehicle rental facilities repair facilities beneficial fueld site outdoor storage yard drive-throughs and PR parking as a principal use the petitioner commits to upgrading the existing curb rants at the site and installing 8ot sidewalks and planting strips along frontages staff recommends the approval of this petition upon resolution of a minor technical revision that we have related to the vicinity map site is located along the north Graham North Trion Street Corridor of opportunity area cordor program seeks to revitalize areas with a mix of uses that provide critical resources for our nearby residents and this resoning resoning would shift the site's entitlements away from industrial uses and instead to a more balanced mix of uses allowed a neighborhood center that more closely aligns with the goals of our corridors program the Inc zoning District allows for residential commercial office and among other uses and generally supports pedestrian friendly environments this petition takes that a little bit further by prohibiting more autoc Centric uses such as gas stations and committing to upgrading the site's pedestrian infrastructure The Proposal is consistent with the policy map where it recommends NC for two of the four parcels and the neighborhood to place type designation on the other two Parcels did not does not reflect the existing uses entitlements or the intended uses for that area just given the surrounding context and I'll take any questions following the petitioner's presentation Mr Ferguson you have three minutes good evening honorable um as a mayor for the night dgs and Council uh zoning committee thank you for your time um uh this proposal is primarily the impetus for it is uh to provide for the Adaptive reuse of the brick building that you see right there uh it's not a known use yet but there's a couple of people interested in doing it uh and that kind of brought it looking at the past it is a transitional area it's going from an industrial area that's changing rapidly there's a lot of entitled multif family around um we initially came in because we are following predominantly the gist of the 20 240 plan going towards Neighborhood Center um as you can see there's a Bojangles in part of that neighborhood too a new Bojangles already so it makes sense to go towards Neighborhood Center here um we worked really closely with the planning department to come up with a few conditions on this as I mentioned it was almost a conventional resoning uh but we agreed with them on restricting the uses to make sure it fits Charlotte's future plans uh the result is the conditional zoning that you have with a with a building footprint but um want to make sure you guys understand that we are trying to do this to salvage the building there and while allowing entitlement that'll fit the future plans as it further transitions um I do think there is you know no need to get into all the details here but I do think it fits as Neighborhood Center here uh I think the N2 was likely something that would have been cleaned up in some corrections to 2040 plan um and we're kind of striking the balance of the old industrial pattern looking towards the future that's area plan and I'm happy to take any questions if you site images there do I have a motion to close move to close second all in favor thank you Mr F thank you we move on to agenda item 26 res zoning petition 2024 051 by the site group LC uh location approximately 3.44 Acres located on the west side of West Park Drive East of Interstate 77 and south of Tyvola Road in Miss Browns District the current zoning is manufacturing and lo Logistics to the proposed zoning is innovation mixed use conditional staff recommends approval of this petition upon resolution of outstanding issues related to land use the environment and site and building Divi design all yours thank you this site is approximately 3.44 Acres located on the west side of West Park Drive East of I77 and south of Tyvola Road it is developed with a Hotel Current zoning is ml2 proposed zoning is IMU CD 2040 policy map recommends manufacturing and Logistics Place type uh I wanted to point out a change from what's in your first bullet there I just um spoke with the petitioner earlier this evening number should match the number of proposed multif family residential units so the petition would allow for either 144 multif family residential units or 144 hotel rooms within the existing buildings on site but would prohibit a combination of hotel and multif family units uh petition States intention to reuse the existing buildings as well as maintain existing parking service and other site infrastructure would provide a 20ft landscape yard along the southern property boundary where adjacent an N1 and N2 Place types identifies the the pool area as an open space Amen to remain with the multif family residential upfit and would limit new lighting to 21 ft in height and require that they be full cut off type uh with the exception of landscape decorative and accent lighting staff recommends approval of petition upon resolution of outstanding issues related to land use the environment and site and building design it is position is inconsistent with the policy map recommendation for manufacturing Logistics Place type however it would upfit an aging Hotel structure to provide an additional housing option the adjacent property to the north was rezoned in 2021 uh similar Elites will allow another upfit of a hotel with multif family residential units decision is contributing to the advancement of the meinberg county Greenway system by dedicating an easement for future kings Branch Greenway and I'll be happy to take any questions following the petitioner's presentation so Mr NY you have three minutes good good evening council members my name is Sam NY I'm a civil engineer with the site group in Raleigh I'm representing the owner of the property epcon LLC uh the existing property is located at 5822 West Park it's approximately 3.44 Acres zoned ml2 uh the existing hotels a comfort in with a 144 rooms I apologize for the we uh had 116 on there that's an error building it's a six-story it was originally constructed in the uh in 1985 the zoning District change we're requesting is innovation mixed use conditional this District would allow the hotel rooms to be converted to efficiency studio apartments the units would be upfitted with a new kitchen and updated and refreshed Interiors to modernize them um let's see I wanted to note the change and then um I'm available or the owner for any questions you may have Miss Brown hey yes thank you that's my district I um I wanted to ask a question about I I know the area right there is they're all hotel rooms in the area now with this particular hotel are you keeping it as a hotel are you upgrading it to apartment units which one are you have you is it undecided still in conversation well we we want to change the zoning and we don't want the hotel to be non-compliant which is why we have that either or where so right now it's 144 hotel rooms we want to keep it that way and when it's time to redevelop you know not imminently but within the next few years we want to be able to do that but we're not going to have you know two floors be apartments and three floors be uh there there's that condition to make it either or so you can stay a hotel until the time when we redevelop and change it to a part does that make sense no okay I'm not I'm not following you right so right nowel H you're from we're at a hearing and you're asking me to do what to lead uh in the area change the rezoning to allow multif family units okay all right that's what I need to hear okay all right and so with the parking and the way that it's made it's down in a cotal saac right now is there going to be are you going to use that that same area to build in that area and keep everything the way it is like the view from the map where you can see 77 highway I'm just asking the questions that the community is going to want to know on that side the traffic is at a standstill all the way over to South Triana street so you're going to be down in the cotac by the other hotel rooms correct everything down there is hotels right now there there's no plan to change anything on the site right now other than to upfit the existing building and improve it there they're not trying to you know change the the site and the parking um you know other than there's there's no change to the parking unless it's required by someone okay I don't have any questions Mayfield do you have any you know it I tag tag te okay I have a question for sta so if we go back feel excuse me my apologies Council m brown I'll gladly wait I'll def it's your former District go ahead thank you sorry about I didn't see you question for staff so we had two previous petitions in this area that pretty much one of them did the same thing so back in 2021 we had a petition that was approved by Council that was either 116 multif family residential units or 116 hotel rooms are we track have we tracked so that we have an idea what's in the area to council member Brown's point do we know if 2021 035 was developed as a whole as a hotel or if it was developed as residential cuz we're talking about the site that's just just north of this site correct right 2021 035 it's a similar situation so it was developed as a hotel and then so it so it is currently a hotel it no the resoning I'd have to look at the specifics of that resoning but um it it was rezoned to allow multif family residential so and I'm trying to get clarification because council member Brown as her district is growing needs it would be helpful if we had a better idea if we're talking about residential or we talking about hotel the project from 2021 in this area was very similar to to tonight's conversation where they ask for a resoning to be either or but what I'm hearing is staff is not following up to learn which one it is when the development is completed so we either have a Hotel there or we have apartments or we have rental but not but not both at the same time right but from what I just heard we don't know and it is now September 2024 we don't know if it's either or we don't you're tell be happy we' be happy to research and get that information from so that will be helpful in this conversation as we're talking about a potential approval for the petitioner I want to make sure I'm understanding what you just shared with my Council colleague who is the District representative you all are looking for us to approve a resoning tonight that will give you the ability next month Miss well excuse me for tonight for you're we're having the hearing tonight thank you councilman rrig to discuss the Innovation mixed use conditional you want the ability cuz it's currently a hotel you want the ability for it potentially to be multif family but as of today you don't necessarily have plans for it to be multif family you want the flexibility where if say the next 3 to 5 years it could be without you having to come back for uh come back before future Council for resoning so I think the intent was to get it so that we can change it to of Apartments now but right now when you sell that to an apartment developer they don't want to change they they want this rezoning done before they we can upfit the property and change you know change it to uh change it to Apartments instead of Hotel so that's what we're searching for we want to do that um but there's there's kind of a gray area where you get it rezoned and then you're immediately in a zoning violation if you rezone your hotel and you have to shut it down and there there's a there's a a timing that we want to be able to do which is and I think it was done similarly on the project to the north um and I I do want to clarify at least my client that operates this facility says that that the the one to the north of us has been changed to um efficiency apartments instead of a hotel and I I can confirm that I just checked the records and it's it's now multif family is now okay so the 2021 035 that other petition that they had done immediately to to the that one is now okay so we're understanding that this is a question back to staff cuz I want to make sure that I'm understanding what we're doing we are giving the the opportunity for a petitioner to come before us to have the leeway through our language to say you can either build a hotel or you could build multif family units we're not going to hold you to either one of which there should be design standards regarding both mhm that we should be able to track in case there were any concerns code complaints whatever it is this gives the ability for that petitioner to do either or but we don't have a tracking mechanism that goes in to yeah come on up come on up David we don't have a second mechanism that goes into to Follows which one it is and if it becomes residential now it falls under a whole different set of code requirements because we have things in place to help protect our residents to make sure that they are living in safe environment so I help understand they they can't convert the units from the hotel units to residential units without going through the permit process without going through building en codes uh you can't have occupancy status for a hotel and then have a residential status for multif family it's you you've got to go through a process to make those upfits and then meet new building code for actual residences versus an occupancy for a hotel so we do have a tracking mechanism and that's just the permit process and review process to convert those units to residential units versus a hotel once that process starts what these rezonings have done is basically say once you start that process you can't go back and have or you can't have both you can't have a hotel in you know a couple buildings on one side and residential on the other once you start that commitment it's then kicks everything into a multif family use and that's what you have to then stick with until you potentially go back if you wanted to say 20 years from now change it to another hotel you'd have to go back through another occupancy review and another building code review so there are review uh tracking for all of this they don't necessarily have some of the same design standards because they're using an existing building if they tore this hotel down and said we want to just build 144 multif family units in new residential category in IMU they'd have to meet all the design standards but because they're using that existing building it really becomes an upfit permit through building and codes to make sure they've met all the residential code standards to allow residential occupancy versus temporary occupancy so again this hearing is to give them the ability to choose which one that they're going to go through yeah moving forward as the peti as the development that's closest to them that went through the similar we gave them the option they chose to go towards multif family if they were to go back to a hotel you're what I just heard you say as that goes to staff that does not come back to a future Council yeah if they if they have that kind of both uses are allowed you you can establish one of them as a primary use you can't share that property between both uses you have to say you're either one or another now if they go through another and there's multif family and they say well you know after 10 years we want to go back to a hotel that's another process through building en codes they would have to go through but it wouldn't necessarily require a full resoning unless they want to add other uses or you know do some different conditions that they may want to so we can stop there cuz that's where I have the challenge where I have the challenge is you're what we're saying is if we were to move forward with this as was done with the previous project Council no longer will know what is happening with that particular product so a future Council it can be turned back to a hotel or a motel they would not be a part of that conversation that's where I have a challenge is that we're not only looking at potentially approving a here's your options you could do either or and then you can go off and do that and there is no accountability regarding Council knowing what's going on it's great that staff has some checks and balances the community don't call staff or call on staff to ask them what's going on if there's any challenges it's their Council representative and their District rep that they're going to be reaching out to for me personally only way I would feel comfortable is if there is very clear clear language in there that once it is decided whichever one is going to be that it is clearly stated that any additional changes will need to go back through the process because taking away from future Council understanding what's being developed in their area is a concern because we receive calls daily of apartment complexes that have challenges regarding the management of it not saying that would be the case this time but we have to take into consideration what's currently happening and the what ifs so if we look through our lens of being ethically responsible that what if could be a challenge down the road when the elected body no longer even has a chance to do what I just did see that a previous development went through the same process but we didn't even know that it did actually transition because we just said you could do either way you could do multif family or you could do hotel and and we've done a lot of these hotel rezonings with that same kind of uh kind of either or scenario because as the petitioner alluded to as well you know they become somewhat non-conforming immediately and then they've got some you know issues from that standpoint that the use is no longer allowed and and you don't necessarily want to then create an issue where they may take a year or two to make that conversion and during that time they're getting code violations when really the only issue is that they tried to go through the rezoning to make this conversion and they kept the hotel for you know a period of time Beyond maybe what they anticipated so that's why we've buil in that flexibility we can certainly look to see if there's some better uh scenarios and outcomes that provide a little more assurance that once that conversion is made that it kind of sticks into that use and doesn't have uh you know the ability to then maybe revert back but we can certainly look at that and see if there's some options that will be very helpful Mr Mr ba but I want us to be very clear and for the minute to be very clear my expectation is that we as we're making adjustments to this live document of the 2040 plan and the Udo that it is very clear that if there is a change once a decision is made in this particular situation where it is a could be hotel or rental that if that ever were to change again then it needs to go back through the full process not just go through a staff person for them to write it up certainly thank you um so I want to understand the petitioner here is it your intention to proceed with this conversion to residential and are you simply wanting to be able to continue to operate the hotel until the conversion starts in other words are you wanting the flexibility to go back and forth or change your mind or do you have a certain plan and you need a zoning approval that allows you to proceed with that plan in which case I think we can do a better job of describing what the approval is that we're being asked to give and that's a question okay yeah yes we we want to change we want to get zoning approval to change this hotel to Apartments to efficiency apartments right and I I never even considered the idea that you would then change it back but I mean I do see what you're saying it's very valid but it's it's a hotel now it's it's um I think there are the ability to add more housing in this area would be more beneficial than than the hotel and that's what the developers that hired me to do this uh want to do that's what we're asking for right so uh the question is why do we have this uh dual purpose petition uh you could just apply for residential is the issue then that if it's approved you might not be able to operate the hotel until the time came when you could move ahead with the or why why are we doing this that's that's typically how we've approached them because of that exact scenario that if it takes longer you don't want them to be in a non-conforming status and then run into issues if they have to do upfits or renovations to the hotel but in the scenario that we're discussing you know you could create a condition that states once it gets converted to multif family occupancy a hotel uses you know no longer applicable and you'd have to go back through resoning to reestablish that use so that allows the flexibility to stay you know as a hotel while they go through the the process to convert but once that conversion to multif family is made then maybe there's a condition that states in order to do anything other than that it's got to go back through a council approved process and that's something we'll have to look at and see if we can work with the petitioner to put that in place but I think that would alleviate uh the concerns that Miss Mayfield was was uh communicating that you don't want to necessarily then go back from something else so I think there's solutions for us and we just need to put our heads together and come up with something that works for everybody a little more clarity around the plan I think I agree with you uh yes anybody Miss Johnson thank you um so Miss Mayfield is right we do receive calls about what's going on in our community we receive calls about by right development that our residents expect us to know about I have a call pending in right now to Teresa that I'm waiting on information about a development um you answered my question regarding the hotel and the reason for this this status I if if if we approve the residential and they didn't develop right away the hotel would be considered nonconforming even though their grandfather Dan not the way it's structured currently uh if they just said we only want to be multif family and the hotel use wouldn't be a permitted use then that'd be an issue that's why we've got that kind of you can have dual you know a scenario where you can operate as a hotel currently convert to multi family down the road but I think the concern that we're hearing is you don't want that to then convert back to something else later so it's just capturing that later scenario so there's nothing in our ordinance that's that protects existing statuses once the uh once the site changes if the zoning changes in it the use is no longer permitted in that zoning District it can stay as a somewhat of a non-conformity but there are limitations to what you can do with that non-conforming property so that might be something we look at those limitations I mean if you're grandfathered if this hotel is is conforming today and we change the the the plan or the status or the type then I don't think the existing use should then be considered non conforming because this I mean the the uh petitioner said this is so that they can Market it and the potential buyer wants it to be reson prior to buying it so that's the reason my my concern with this is this is a hotel on the corner of taola in West Park it looks like a comfort in is that correct mm so and there are lots of cars in front of it do you know the occupancy rate for the hotel Hotel currently I don't the owners here they they probably do know okay if if we want to call them down they can answer that yes please want to ask that would be relevant the average is about 50% 50% so what's happened in the past and my colleague this has happened in the past people are displaced when these hotels are sold and sometimes it's a surprise cuz they're not watching the council meetings a lot of times those people you know residents aren't watching the council meetings so there needs to be as much advanced notice to the folks in the hotels and motels you know that those are the places that people who have evictions on their record or criminal background or or for whatever reason don't have have don't I mean they for whatever there's a barrier have challenges on their background yeah there's a barrier to to permanent housing oh she correcting that language okay okay it's challenging yeah so okay you know so anyway so we got to make sure that there's a displacement plan we've we've sold hotels in the or hotels have been sold in the past to multif family and people are displaced so we have to make sure that the buyers or the hotel owner that there's notices to employers that this is for sale um you know current that it could change and and the residents or the tenants need to be notified as soon as possible so we've asked before U for hotels and on Sugar Creek in different areas what is that displacement plan and I would like to see something like that um for for residents uh when will they be notified is they're going to be organizations to come in and help them find additional housing because even though it's 50% those are the 50% of 100 how many rooms 144 that's quite a few families question so we we've asked for that as well okay thank I'm sure you have thank you thank you uh okay um and that's the benefit I've talked about cumulative impact for a a long time that's the benefit of having information about cumulative impact what's what's this look like in your area how many hotels have changed to multifam Miss Miss Brown where are those people living we know affordable housing is very challenging in the city and folks live in these hotels and motels because they're they don't have a choice many times so we've got to find out what's what's happening and if you know if you could find out if how many of these hotels in your area have have been changed to multif family or what is the plan for that I mean that's probably a good idea for all of us who serve who have vulnerable uh areas in the city um so I ask about the occupancy rate the plan for displacement um so that's all that's all I have thank you Mr chairman if you'll allow me and I told my colleague I think it'd be better for her to summarize because it's you know her District um I just want to add you know I sat here kind of puzzled right because you think about a hotel and and a place that that someone would call home permanently not to dismiss that a hotel can also be somewhere that someone calls home right but to understand that those are two totally different types of developments right I was completely confused to say that we would at some point and and I you know um our chairman here he he clarified it with a great question to make sure that we were pointed in that understanding but I think my feedback for our staff um because that's who we're going to be working with going forward is what what can we do right to make sure that we're as uniform as possible I would love to and I know we're not going to be perfect I know you guys work hard we appreciate the work that you do and I know that this is something that you're developing as we go right but I wish that there is a way to get as as close to uniform when it comes to like some of our decision-making processes what what have we done what type of precedent have we set in the past had it not been for you know council member Mayfield Mission you know mentioning the past petition I would have no light in it with reference to anything that have been done in the area right like whether a previous Council had made a decision that would be congruent with this particular decision and so that really helped shed light on on how we make these decisions um and and what what our potential clients people who want to do business with us the city of Charlotte what we've done in the past and what they can expect from us as decision makers right um um from a Community member standpoint I we look all of us are beholden to a public that contact us and hold us to the fire 100% of the time right and so when it comes to decisions about living spaces although the business aspect has to be taken into consideration we have to consider the human impact right if we make a place for someone to stay do they want to stay where it used to be a motel because they don't have as much parking as they would let's say in a an apartment complex again those are two in my mind and I I may be missing something but in my mind they're different living condition they're different parking spaces there different there are different amenities that are surround a hotel it almost and I mean I'm just imagining here it could possibly even be conducive to what we consider to be the 10-minute neighborhood right because people come in they build businesses that are adjacent to hotels because they know people come in they want to eat they want to do this they want to do that so it's not that I'm absent and not seeing the point of what could potentially be but I do I'm I'm a little unsettled to say the least to say that I'm open to say whatever you decide or you know you you hold it in place so you can continue to make money and then maybe if it makes sense for you down the road you can decide that you want to make it I'm I'm uncomfortable with that I don't I don't know how I feel it's almost like judge Newton right judge Newton made a decision having no understanding with something that's potentially none of us knew would be open-ended but now it's open-ended it comes back to a new Council and someone's going to hold me accountable as if that's a decision that we made right now when it was made four years ago right it's it's it's parallel in the understanding of what we need to be able to be efficient in these decisions and especially with the shortterm leadership that we have in these roles we're only here two years right and so in those two years you know most people don't know that I tell people like we we're running every two years right and we could completely have a different Council in the future who may or may not understand the context by which we've made a decision so um you know it's it's it's I'm an uncomfortable for me because of the open-endedness but I'm going to depend on our very competent staff to give us um some parameters for our decision- making going forward because I know that we got a strong team and they can help us understand this so um we're having what is in part of policy conversation uh the current petition needs to be assessed in the context uh of what we've been told I think the message has been put across clearly that we need Clarity around what the Outlook is and what can happen um and I think some good points have been made about maybe things that we should consider um I I just don't want to introduce any new requirements uh that this petitioner didn't know about and and so with that uh anybody else do I me of course yes yeah of course so I I want to um thank my colleagues one for U bringing some very valuable information especially um Mayfield who uh council member Mayfield who has been in the district for worked in the district 10 years my only concern when I asked you was what you were going to do it sound like if I was just Pres pres in if you was just presenting to me um we didn't know where we want to go in the future and for me for the district rep I need to clearly be able to state to the community what we're going to do in that area because they are very very vocal on the nation for area right now there's a lot of things that's going on West Park does intersect with that I just want to make sure that we bring our best foot forward the best possible solution even with the developers whatever works for them to make sure that it makes sense for the community along with everything that my colleagues said not to go back and say everything that they said because they speak very clear and they speak very direct but I didn't understand as a district rep it was very confusing so it it had to be confusing for the people that are listening to us our constituents as we bring forward what we're going to do in that area so to you Mr ptin you guys are very good at what you do you're job this for me right now would be unacceptable as a district rep I wouldn't be able to put my signature or anything on it it just doesn't even make sense at all I I need to know what we're going to do how we're going to do it I understand that if they want to uh move forward and they W want anybody to be without money you know the revenue the economic driver all that stuff is very important but it's also important if there are any residents in there and I know you're waiting for that data to come back can I get that number sooner than later I know someone's raising their hand can can we speak to that or yes you can speak to that in just one moment okay only only the speaker who signed up he's asking he's asking a question I have Sam NY here um okay you can speak2 he said no I know but I don't know if all 72 families are using it as a place to stay or if it's because it's still used as a hotel right is permanent housing or is it a a temporary State somebody's visiting Charlotte and there cuz that hotel is still open and I know that you know people from the airport go there and they go there and they reside there so my question would be the number of people that use it for a permanent housing a place that they call home because if they stay there we definitely need to have a plan to move forward to make sure that they're not going to be unhoused or they become part of our unsheltered population and we certainly don't want want that to happen to my colleagues U council member Johnson's very valid point most of the residents that are staying in your in your place of Resident they call it home and there are going to probably be some blemishes that they're dealing with in terms of maybe rental history um their rackets to things that they've done in the past and we want to make sure that that's not something that's going to hinder them moving for I just can't sign off on displacement of families and a lot of them have small children so that is definitely going to be very very important for me and just to see we can work together on anything I want everybody to thrive I always say that in my seat go back and listen to me I want everybody to thrive maybe thriving for different people in different areas might mean something different but that's what I would like to see so I would listen to the owners respond to the families that are in there that may face not having anywhere to go can we respond yes absolutely great so I I talked to the to the owner and and his brother that is here and operates the facility they're not aware of anyone that lives there permanently this is operating I mean I don't know when I was a kid I my parents always stayed at Comfort end that whenever so when we would visit a place that's the hotel that we're staying at so when they're saying there's a 50% occupancy rate those are not people that live there to the owner's understanding at all I mean there's nobody that's stays there for more than you know a couple weeks while you're doing a construction job there or something and I know the types of I've stayed in other hotels that that have people living there permanently but in this facility you know I I Googled a you know a room there for tonight and you know the the rates were you know around1 $120 for the night so it it's it it's would not be an affordable option for me to live there I mean it's an expensive it's it's a it's a hotel and the thing that we didn't show was the the renderings of what it looks like on the inside but I mean these are not going to be like um they're going to they're I don't think they're displacing anyone is what I'm um is what I've been told the part of I don't think needs to turn in we're not for sure okay because the think in PE we are not yeah okay I I just don't like to talk to what other people know as right I got you so we don't know because the think there's a puzzle there when you say think but we just need to know those stated facts I've been inside the hotel before so I know what it looks like I've been inside of there it's a very it's a very nice hotel they maintain the property and everything they're not they're not any stragglers or anybody hanging out I get that but there is also a discounted rate when families saay for a long period of time we just want to be sure even if it's one family what are we going to do with that one family that's all that's That's How Strong I feel about someone not having anywhere to stay okay we're good so M what can we do moving forward uh like I said we've asked for that information as well we work pretty closely with our housing and Neighborhood Services folks on these projects to get conditions that address that specific ask for displacement strategies um we have another that will be coming forward for a decision next month in fact it was scheduled to be up for a decision tonight but they didn't have some of that information together and we asked them to hold off until they do so we take that seriously as well uh and it's something again that we work pretty closely with our housing Neighborhood Services folks to make sure that they're in a comfortable place also uh to make sure that those resources are set up and conditioned as part of a resoning to say they're going to do X Y and Z to make sure that if there are people to displace they have enough time they have enough resources uh you know to get some of the assistance they need to find you know another form of housing somewhere uh while that you know housing option May no longer be there for them so that's something that we have asked for on this petition also if it turns out that there's not displacement and we have good confirmed information then some of that similar language may not be needed as there would on another hotel that we're seeing where that may be more of an issue but it is something we look at through all of these um and again we're looking at trying to get some uniform language to put on all of them that address it uh to make sure that we don't run into those types of displacement strategies that I think we all know far too well that we've seen over the last you know probably really ramped up over the last two years or so uh in the city so well I definitely appreciate you explaining that you do your job and you do it very well but my job as the person that sit in the seat for the people in the community as that ask the tough questions as well as my colleagues and for you to answer them like you've done and for us to be able to move forward and see exactly how we can get on one day in a perfect world I would like for us to be on a more blanket page yeah that's what we're looking for more uniform working towards that well thank you so much I I appreciate everything that you do and I I don't um I value what you do thank your work is very hard that's your lane and we all have our lane so thank you so much for answering the questions and working hard as you you work yeah no I always appreciate the Insight from y'all it helps us be a little bit more informed and get the outcomes that we're all looking for so thank you thank you so much y do I have a motion to close motion to close second all in favor thank you Mark we move on to item 27 Edition 2024 055 by Tiana fips approximately 2.89 7 Acres located at the Northwest intersection of Nations Ford Road in Forest Point Boulevard East of Interstate 77 Council District 3 Tiana Brown yeah yeah I just did toana it's like is this your cousin so I think her name is taiwana oh taiwana yeah my name is Tiana that correction for the record and for the world no relation no Integrity issues no conflict of entrance be related to Greg the uh the current zoning is often office Flex campus and the proposed zoning is innovation mixed use the staff recommends approval of this petition sir thank you uh this petition is approximately 2.9 Acres located at Nation Ford Road and Forest Point Boulevard it's adjacent to the Samaritans purse Warehouse there that's uh current zoning is ofc proposed zoning is IMU conventional the 20 240 policy map uh aligns with the or the proposal aligns with the policy map recommendation for IMU Place type staff recommends approval the IMU uh zoning district is intended to accommodate areas that have typically developed as industrial but are transitioning from exclusively industrial to a broader mix of light industrial Artisan industrial commercial and moderate density residential uses within a more walkable environment the requested IMU Zony district will allow the subject property to be developed with a mix of uses that are consistent with the existing development pattern along this segment of nation's for road I'll take any questions after the petitioner's presentation so Mr Hines yes sir you have three minutes sir uh okay thank you city council thank you staff um my name is Jason Hines I'm an architect that works for this client and uh been working with them for the past six years so if you have any questions about this resoning I'm happy to answer them and uh the civil engineer who couldn't be here tonight is working under us so if you have any questions from a civil standpoint I'll try to speak on his behalf okay all right any questions Brown you got questions on Nation for row um so I'm I'm looking here and I know Samaritans first I volunteered over there a few times that's a big warehouse space back there correct am I correct Operation Christmas Child yes absolutely when we do the shoe boxes and send them out y so I want to clearly understand what is going to go over there in that area and there is a large community group supporters on Nation Fort Road they have a group called transforming Nation Fort Road so we would definitely want to include them their concerns um have their ideas their input cuz this is just a hearing okay for them to be able to um voice how they feel and what as Community leaders and people that live in that area think about what we're doing so do you are you able to speak because I know you said you were filling in for someone sure yeah that's not here okay uh so the backstory is they were I think originally zoned to put parking here in 2020 they rezoned it for an office sort of use and now they don't want to do that anymore so they just want to extend the parking in this area so uh they will do like the tree save along nation's Ford Road but uh it would just be like storm detention and parking that would serve the Operation Christmas Child Warehouse oh so they're going to still stay there and they're just extending their parking correct they do great work okay thank you I was didn't hear what I thought I heard okay no problem at all so Samaritan's Purse is going to extend the area for parking for volunteers for people that come in there that work and do the good work that they're doing for the time of the year cuz they own that space corre and they just want to extend the parking area for more volunteers employees and people that are traveling due to help with Samaritans first Operation Christmas and what else they do okay I'm good thank you would close yeah you got anything move to close second all in favor okay we move on to item 28 resoning petition 2024 057 by savet homes LLC approximately 6.03 5 Acres located on the east side of Susanna Drive North of Hart Road and south of Russ's Landing Drive it's in Mr Grahams District current zoning is neighborhood 1A the proposed zoning is neighborhood 1D staff recommends approval of this petition Max yes petition 2024 057 located on the east side of Susanna Drive North har Road South of Rosell H Landing rosell's Landing the site is approximately 6.03 5 acres in the site of a single family house property Zone n1a neighborhood one the proposed zoning is n1d neighborhood one and conventional zoning District 2040 policy map recommends the neighborhood one place type and 1D district is consistent with this place type this is a conventional resoning petition there is not an Associated site plan and would permit any use allowed in the n1d District staff recommends approval this petition as the n1d district aligns with policy map the development pattern prescribed by The Neighborhood one place type and permit permitted by the n1d zoning district is consistent with the character of the area have you take any questions after Mr Ferguson's presentation Mr Ferguson you have three minutes thank you U Council zoning committee Russell Ferguson on behalf of SX homes LLC uh I think this is a nice there we go uh nice break this is quite simple it's going from n1a to n1d is the request uh we're requesting that to allow it to develop in line with some of the adjacent uh areas that are already developed this area has some vacant land and this vacant land can add to the housing supply of Charlotte in a way that is much more cost- effective uh than other areas um there was already an n1d entitlement all around this um and then some of the older uh Parcels as you can see from this zoomed out uh residential area uh you know it's a different method in a different time but has similar kinds of density there uh in the adjacent neighborhoods this parcel also has a unique piece that is blocking some Street connectivity uh so by rezoning this to n1d it will be allowed to move forward and connect a couple of those neighborhood streets to begin building a neighborhood Road Network there uh this site is in proximity I think uh if you Google at the at a non-rush hour time it's like under 10 minutes to get to Harris terer to the commercial node there uh that's rosell's fery and rosell's Landing which is right off the map that we just looked at uh where you can get to a few restaurants uh and there's uh 16 right there so there's access just to the north and and then down to the South so it's in kind of an appropriate place a good place for a neighborhood it will still be more of a traditional style neighborhood um but um and it's in line with the president of the area and happy to answer any questions you may have Miss Mayfield thank you council member MRE actually a question for staff yes so I we've had a quite a few but I'm noticing that the number of people attending the community meeting for this is zero for this n1d we say any uses that's permitted so it could be multif family it could be single family every whatever can go into n1d it's any use permitted in n1d so that would primarily be single family duplex and triplex on individual Lots um along a public Street okay cuz I think previously early in the year I had asked if we can as we get comfortable with all of these new acronyms that we actually give a snapshot of what can go on there here's the question that I'm wondering though because I believe that's multif family that's around it and the most closest is that single family and multif family they office John Morrison and Alvin Woods it's a single family subdivision but it's um Zone MX which is a mixed use but it it's developed as single family so our current language says that a petitioner would mail out within a 300 M what what is it 300 300 feet from the property boundaries yes they have to notify the property owners within that boundary okay so somewhere in this conversation as we're looking at the Udo and the 20 240 just to ensure I you to put I'm concerned that with how active the community over there is that we are sh that zero attended a meeting speak to so can you help me with that yeah so we we held a virtual community meeting uh I will U I have done three three I believe three rezonings of a similar nature in this exact area and well we we had some attendees in the first meetings and we had actually uh a speaker against in one of the first resoning in this area and it was mostly a misconception about some things and so I think it's more of a comfort with what is happening than it is of back of awareness of it we do also mail out to all neighborhood organizations to a much broader and you know I I know we did conduct the mailings and and nobody nobody rsvped and we did it virtually to try it usually virtually gets more attendees it did not work that's helpful thank you Mr Drees move to close the hearing because there's three of us left is that a second or do you wish to speak second all in favor thank you all right thank you Q may I add something just for General even though it looks like the seats are empty so the I don't know if the general public recognizes that you're automatic yes when you're not here so you're only a no if you say no so when you read the minutes even though some bodies are not physically at the table for different reasons they are going to be recognized as a i SL yes in the minutes for it as I noted earlier and this is your commitment to you I just need you to see this yeah that's right that's right so uh those votes uh do count uh as being unanimous and as I'll mention as I did earlier that uh all of us have the opportunity to see these hearings on video and we'll inform ourselves before the vote Night Comes so I don't want people who come to speak and see the empty chairs to be discouraged carry on okay we're moving on to agenda number 29 all right uh resoning petition 202462 by Otis Crowder approximately 7.4 Acres along the southwest side of Brook Shar Boulevard and the southeast side of Fred D Alexander Boulevard it's in Council District 2 uh Mr Grahams District the current zoning is manufacturing and lo Logistics to proposed zoning is innovation mixed use conditional staff recommends approval of this petition upon resolution of outstanding issues related to transportation and environment petition 202462 is located on the southwest side of Brookshire Boulevard Southeast side of red de Alexander Boulevard sites approximately 7.4 acres and developed with two Office Buildings current zoning is ml2 manufacturing Logistics proposed zoning is imuc CD Innovation mixed use conditional the 240 policy map recommends the manufacturing Logistics Place type for this site IMU district is inconsistent with the M&L Place type approval of this petition would revise the 2040 policy map recommendation to the IMU Place type proposal calls for the allowance of the continued operation of the office use on the site as well as a proposed 4500 ft addition to the use the plan limits the total number of principal buildings to no more than two the plan specifically prohibits uses such as residential hotel motel live performance venues nightclubs outdoor markets uh Lodge and meeting Halls access to the site is from an existing driveway off of Brookshire Boulevard all applicable transportation and roadway improvements will be completed um and all required dedication and RightWay will be conveyed prior to the issuance of the first certificate of occupancy any proposal any proposed building expansion will utilize materials that are architecturally three minutes thank you uh good evening council members zoning committee uh my name is Jason Dolan with timens group and I'm representing Crowder Construction Crow Construction has been using these Parcels for a number of years as Office Buildings to support their construction business um they are seeking to expand their buildings to meet their needs and the new zoning classification will not allow them to do so and so the rezoning is necessary in order to allow the office building to be expanded I can answer any questions that you might have so this would become a non-conforming use if we didn't reone it so the problem is it is a non-conforming use the office facilities Standalone office facilities are no are not permitted in the M&L the ml2 district and the expansion that is permitted to that non-conforming use um is not enough for what they're looking for they'd be limited to 1,000 square F feet of expansion thank you any other comments motion to close motion to close all in favor thank you we move on to item 30 resoning petition 20246 three by Alchemy Development LLC approximately 1.33 Acres along the north side of State Street e east of South Turner Avenue and west of batty Ford Road in Mr Graham's District current zoning is neighborhood 1D neighborhood 2B and neighborhood business conditional the proposed zoning is neighborhood 2A conditional staff recommends approval of this petition upon resolution of outstanding issues related to the site and building design petition 202 4063 is located on the north side of State Street East of South Turner Avenue and west of B for Road site is approximately 1.33 acres in size and developed with a commercial building a material storage yard the current zoning is n1d n2b n and B1 CD neighborhood business conditional a lot of districts on that small lot the proposed zoning is into a CD neighborhood 2 conditional the 2040 policy map recommends the neighborhood one place type for the site into district is inconsistent with the N1 Place type approval of this petition would revise the 2040 policy map recommendation to the N2 Place type proposal calls for the development up to 29 multif family attached dwellings limited to five units per building uh the following Transportation improvements are proposed vehicular access will be via driveway on State Street and um a network of internal alleys all Transportation improvements will be completed prior to the issuance of the First Co following landscaping and Street scape improvements are proposed construction of an 8ft multi-use path and 8ft planting strip along State Street a 10-ft class SE buffer yard will be planted on the side and rear of the property walkways will be provided to all residential units uh to the public Street the following architectural requirements are proposed which include preferred and prohibited building materials minimum slopes to roofs usable porches and Stoops raised entries blank wall limitations adjacent to public streets uh buildings are limited to 150 ft in length HVAC meter Banks Solid Waste areas will be screened for public view staff recommends approval of this petition upon resolution of outstanding issues related to sight and building design um as the proposed development would fill a need for the housing in the area that has been identified by the 2040 comprehensive plan is lacking access to housing site is located within a half mile of the designated Neighborhood Center within a block of the Stewart Creek Greenway seille Park and Martin Luther King Park and the site is well served by public transportation located within a half mile of two Lynx Gold Line stations as well as the number 178 and 34 cats buses I'm happy to take any questions after the petitioner's presentation Mr Moore you have three minutes thank you council member Driggs my name is Eddie Moore with McAdams we are assisting Chris Foley with Alchemy development and and Chris o grun Rend with Urban Trends real estate um I will be brief with the presentation uh Max has done a great job going over the items the commitments uh that we plan to um here by in this area for the site plan it's interesting 67% of the site is already zoned n2b and we are requesting n2b CD for up to 29 uh rear loaded Town Homes uh currently the site's being used as a an office in an outdoor storage area kind of see there in that picture and a lot of the commitments that Matt Max has mentioned I'm not going to go back through uh we have held two Community meetings we will hold another one tomorrow night with the seversville community organization so we are staying in contact with the neighbors and the community organizations in that area again the site plan all the UN will face State Street we do have a private alley all the driveways and the garages will face each other so the buildings to the top of the plan will face to the north and from there I will glad to answer any questions you may have do I have a motion to close second oh maybe I had a staff went through those the slide presentations did you have the clicker or did cuz we went through that rather quickly I was trying to see the last slide before it went to questions go back one more were able to get that up I'll be glad to okay go back to any slides never mind we can follow up thank you okay have a motion okay and the second all in favor all right thank you Mr Moore thank you moving on to petition to agenda item 31 petition 2024 066 by Carl Park Partners LLC approximately 1.9 Acres along the west side of Carmel Road north of Carmel Commons Road and south of Pineville Matthews Road in my district current zoning is Shopping Center District conditional proposed zoning is community Activity Center one conditional staff recommends approval of this petition upon resolution of outstanding issues related to site and building design all right it's the last time you have to hear from me tonight petition 2024 066 located along the west side of Carmel Road north of Carmel Commons Boulevard South of Pineville Matthews Road sites approximately 1.98 acres in size and developed with a surface parking lot current zoning is b1s CD Shopping Center District conditional proposed zoning is cac1 CD Community Activity Center one conditional 2040 policy map recommends the community Activity Center Place type for the site and the cac1 district is consistent with the CAC Place type proposal calls for the development up of up to 38 multif family dwelling units limited to six units per building following Transportation improvements proposed vehicular access will be via a private drive on um off of caramel Common Boulevard uh all required right of way dedications and transportation improvements will be completed prior to the First Co following landscaping and streetcape improvements are proposed they will construct a 6ft sidewalk and an 8ft planting strip along that proposed Private Road off of caramel commin Boulevard all units fronting the private Street will have direct connections onto the sidewalk walkways will be provided from all residential entrances to the private Street and trees will be planted along the private Street and internal alley Network a sidewalk is proposed that leads to the Southeastern portion of the caramel Commons shopping center a minimum 30 foot wide l landscape yard will be planted to class C standards with an 8T opaque fence at the rear of the property um and a 10ft wide landscape yard planted Class B standard with a 6ft opaque fence will be planted at the sides of the property where it's adjacent to caramel common shopping center following architectural requirements are proposed primary building materials will include brick stone centia siding finy eepas and Masonite are prohibited as primary building materials pitched roofs if included will be 512 12 and 212 for shed roofs front elevations will have blank wall limitations of 10 ft and Corner elevations 15 ft maximum height is 52 ft each unit will have a covered stoop all units will include a garage staff recommends approval of this petition upon resolution of outstanding issues related to site and building design as the proposed development replaces a underutilized surface parking lot with 38 dwelling units increases the number and variety of housing types in the area and the site is walkable to caramel common shopping center with which both a wide variety of daily uses and services I'm happy to take any questions following Mr Carmichael's presentation Mr carmichel you have three minutes good evening thank you members of Council on the zoning committee I'm John carmichel on behalf of the petitioner with me tonight are Andy Lucas and Jennifer grion uh the site contains about 1.98 acres and I think we have a presentation it's located on carel Commons which is between Highway 51 and caramel Road it's the site is a portion of the car Comm uh retail and office development it's currently a surface parking lot um and the petitioner owns the two buildings I I'll have to try to there you go thank you um the petitioner owns the two office this is the site in green the petitioner owns the two Office Buildings here once again it's part of the caramel Commons retail and office development uh the site is Zone b1d and the surrounding Parcels are Zone b1d across caramel Comm Boulevard or parcel Zone R15 mfcd and those Parcels are devoted to town homes uh the request is toone the site to community Activity Center 1 CD to accommodate up to 38 town home units on the site uh the request is consistent with the 240 policy map which recommends a community Activity Center Place type this place type promotes a variety of uses such as office retail and multif family residential uh this is the site this is one of the site plans this shows this is a zoomed out version it shows how the uh proposed res residential development would relate to the retail to the north and east and to the office buildings to the South uh this is the closer end version of the site plan the site would be access by the internal private Street for from caramel Comm Boulevard that Max referenced there' be an 8ft plan strip and a 6ft sidewalk on both sides of the street as well as on street parking and this sidewall would extend to the east to Prov a pedestrian connection to the multitude of retail and restaurant uses at Carmel common shopping center and there are a lot of good uses at that shopping center um the site the the the units would all be rear loaded with garages so the units would either face the private Street or the internal Green Space here there'd be a 30 foot uh tight B landscape yard along the northern boundary along with an 8ft tall fence 10ft wide uh tight B landscape yards along the Eastern portion of the site here in the western portion of the site here there would also be 6ot tall wooden screen fences on the west and Eastern portions of the site um this development would convert caramel Commons into a true multi-use development with office retail and residential it would also convert an underutilized parking lot to a more productive use uh we appreciate the planning staff's recommendation of approval and we'll work through the outstanding site plan issues uh this week we're happy to answer any question questions and we appreciate your time and your consideration thank you so I don't have any questions for the meeting do I have a motion to close Mo to close second all in favor thank you all thank you moving on to agenda item 32 resoning petition 202468 by Culp Road materials LLC approximately 14.1 Acres located on the south side of I 85 Service Road West of Sam Wilson Road and North of Wilkinson Boulevard in the etj the U Board of county commissioner district is Miss leaks and the closest uh city council district is Miss Brown current zoning is neighborhood 1A proposed zoning is manufacturing and Logistics to conditional staff recommends approval of this petition upon resolution of outstanding issues related to Transportation the environment and land use thank you this petition's approximately 14.1 Acres located on the south side of I 85 Service Road East of Sam Wilson Road and North of Wilkinson Boulevard near The Interchange of I85 and I45 in Charlotte Douglas Airport current zoning is n1a proposed zoning is ml2 CD 2040 policy map recommends neighborhood one place type The Proposal was for up to 75,000 Square ft of uses permitted in the ml2 zoning district with the exception of adult electronic gaming establishment adult use agriculture industrial processes Airport Air strip Cemetery Correctional Facility crematorium homeless shelter landfill land clearing and inert debris Quarry Raceway drag strip shooting range indoor vehicle repair facility and major Waste Management Facility access to the site would be limited to I85 Service Road position commits to a 100t class a buffer along the perimeter of the property which is reduced in some locations to 81 and a/4 fet with a fence a minimum 100t class a buffer is shown along the southern boundary where adjacent to developed n one staff right recommends approval of this petition upon resolution of outstanding issues related to Transportation the environment and land use petition is inconsistent with the neighborhood one place type recommendation however uh the site is suitable for manufacturing Logistics uses as being located along Interstate 85 near the interchange with um i485 petition commits to a minimum 100t Class A landscape yard along the southern property boundary where J to N1 place typee and zoning and the petition prohibits most of the noxious uses permitted in the ml2 zoning District I will take any questions following the petitioner's presentation Miss Todd you have three minutes thank you Mr D uh good evening Council and zoning committee uh Suzanne Todd here on behalf of the petitioner culate materials LLC with me tonight is Cojo saon he is the CEO and chairman of cul rad materials as well um let's talk about this property for oops back it up just a minute the property again is located adjacent to I 85 it looks like a little whale to me it's outlined in Orange um and it consists of 14 point little over 14 acres uh the property is located in the etj so the closest uh district is council member Browns District 3 the proposed use is ml2 CD and we think this is a great use because it will accommodate a variety of uses for this area including manufacturing research and development wherehouse Logistics uses and other uses requiring outdoor storage it's an appropriate use adjacent to arterials as well as interstates airport and the Norfork Southern Freight rail so what makes this a great ml2 site is one it is actually located on the I85 service road you can see the trucks and everything from I85 to your right well right your screen on the left of screen is the property additionally it is close to I 85 um and The Interchange of I85 and i485 the property is right here it's also close to to the airport you can see the property here as well as the airport right there um again makes for a great location for quick access efficient access for warehouse distribution shipping um get on the highway quick the property is generally surrounded by ml uses all in purple you can see that along the 85 Corridor a lot of it is in fact ra um ml zoned but we are also mindful that this property is in fact zoned in 1A and is immediately surrounded and ab buding n1a uses single family as well as the um that is a mobile home park to the South for that reason uh we have committed to conditional setting we've placed conditions on this site they uh those conditions include ex um limiting Ingress egress to the service road as well as excluding some of the more intensive uses um the ml zoning provides significant screening requirements as well as tree Save Green Space and water buffers the good news here is that this property is in fact only half of it will be developed thank you and let me know if you have any questions all right m brown or I let you go it's thank you so um you you answered my question at the end because this sounds like being right there 855 and 485 and on a service road it sounds like an ideal place for manufacturing and I was thinking I was wondering why it was zoned in 1A cuz we look for areas that for manufacturing and this just felt like it was but then you mentioned the single family neighborhood that's adjacent I wanted to know how many homes are in this adjacent single family neighborhood council member Brown is if if you're familiar with area is it a large or are these just um houses on like large Lots houses there are a lot of houses out there spread a lot okay a lot of houses spreading out in the area okay did you have any Community it did opposition okay all right oh I don't know about the opposition I'm going to find out but that area is heavily um attended for the community they have representation in that area there was 10 online so that that's pretty hefty for that area so we we'll figure out what's going on the community is definitely engaged in that area do you know if there was opposition I beg your pardon you know if there was Community opposition to this development not that I'm aware of we had a great community meeting we did have a good turnout and everybody seemed very positive about and I think what uh probably should not have saved this for last but if you look at this site the area in pink is actually the developable area and the reason for that is there's a stream that crosses the property uh right here and so everything in green is not going to be developed so that provides eight Acres of buffering between this site the developable site and the adjacent properties okay thank you all right you can go ahead Miss Mayfield thank you Mr Drees thank you council member B my question is actually for staff cuz I do know that we Tred to work closely with ncdl te there was conversations for a while now regarding uh interchange upgrade with ncdot are we looking at whether or not this will will have any impact with that come on down you're the next contestant uh so as part of some adjacent development near The Interchange there has been some traffic studies uh in the not too distant past uh and there is plans for uh traffic signals at the two interchange ramps and at the uh location where this uh service road would come out uh and meet the main line so you all are already in communication with the petitioner as far as the I didn't see it in here but I attended some of those Community meetings where we were looking at the interchanges you're already having conversations as far as what that road alignment would potentially look like as far as ESS and regress and keeping in mind that there's conversations about improvements near The Interchange So based on what we would expect from this type development we wouldn't uh it wouldn't necessitate any changes to the plans that have already been developed for the signals along that Corridor thank you Mr car I hope you now feel better about having stayed here so late um who's up me yeah go ahead I just saying um I don't have any real opposition over there with what they're doing being that it's in the airport logistics near the highway you've explained um the community involvement I just wanted to see about about Community opposition they do have a good Showmanship of community leaders over there and just want to make sure that they're engaged that's it uh is your quite we have not had um we've had our community meeting we' of course made ourselves available and provided um our contact information we've not heard anything back is that um I'll reach out to them and and you and I will connect but it's not to say that it is I just want to make sure that they're aware absolutely but from what you presented I don't see any real opposition from me as the council representative for the etj in that area okay thank you for your presentation night move to close second I in favor thank you you're welcome thank you agenda item 33 34 I'm give it to you I I just jumped ahead you're very eager was so close I know I know you can almost feel it right all right well let's do 33 okay resoning petition 20247 by Summit Avenue West Boulevard LLC approximately 4.96 Acres along the south side of Mount Holly Road East of Atkinson drive and west of Freedom Drive in Miss Browns District current zoning is General commercial proposed zoning is manufacturing and Logistics one staff recommends approval of this petition tell us why thank you the site is just under 5 Acres along the south side of M Mount Holly Road generally in an area that has a lot of industrial uses as well as some commercial uses in residential areas mostly to the north and west of the site it's currently Zone General commercial and they are proposing to go to manufacturing Logistics one and this request is inconsistent with the policy map's recommendation for commercial at this site it is a conventional petition so there is no Associated site plan it would allow all uses permitted by right and underprescribed conditions in The ml1 District staff recommends approve of this petition the resoning sits in an area that is generally entitled for industrial uses and residential areas to the North and the West the light industrial uses allowed in the ml1 district would create a more gradual transition between those residential areas and the heavy industrial uses that already occur I think it's also important to note that the ml1 district has built in protections that would buffer any uses developed on the site from the abing residential areas so for for example a site of this size would have a required 65 ft Class A landscape yard along the edges of those residential boundaries although the policy map here recommends commercial for the site the manufacturing Logistics place typ better aligns broadly with the industrial uses and Zoning the site meets the contextual variables we look for to support a change in the place type from commercial to manufacturing Logistics and if approved this resoning would create a more consistent Land Development pattern I'll take any questions so we have Mr Ahmad I don't think speaking spoke V callose hear second all in favor that passes agenda item 34 2024 071 by the Drakeford company approximately 10.25 Acres located along the east side of short Horn Street and the west side of East w T Harris Boulevard North of District Drive in Miss Johnson's District current zoning is multif family residential conditional and Neighborhood Services proposed zoning is the R12 multifam conditional site plan Amendment and Neighborhood Services site plan Amendment the staff recommends approval of this petition thank you the site as you mentioned is approximately 10.25 acres in si size and is located on the east side of short Horn Street and the west side of East WT Harris Boulevard the vicinity includes a mix of single family detached some office and industrial type uses as well as retail development this site is currently zoned R12 MF CD and and is approved for the development of 95 Town Homes um other zoning in the vicinity includes n1a to the Northwest and East industrial and Neighborhood Services zoning is also present in the area the policy map calls for the neighborhood one place type for the majority of the site and the neighborhood center Place type for the northern portion other place types present in the area include neighborhood one neighborhood 2 manufacturing Logistics and Neighborhood Center The Proposal was for a site plan amendment to add 16 multif family attached units for a total of 111 units it includes an additional 09 Acres of tree save in open space and Carries forward all other comments from the project res zoning staff recommends approval of this petition as it maintains all prior commitments of the of the original approval and proposes a modest increase in needed housing the site is within proximity to an activity center and is is within an identified access to housing Gap approval of the petition will change the place type from neighborhood one and Neighborhood Center to Neighborhood 2 here if you have any questions Mr Jackson you have three minutes thank you um good evening council members zoning committee my name is Remington Jackson um at the park at the law firm Parker poo Adams and Bernstein here on behalf of the petitioner the drer company and Mr dford is also here in the audience um first like to say thank you to staff for helping um along this process skip forward um so as was already mentioned this is a site plan Amendment from the rezoning petition 2021-22 n where the petitioners adding 16 units and approximately 6 Acres um so we we've already um held two um zoning Community meetings um with the surrounding Community to address any potential issues one of those being parking that the petitioners made changes to address um those requests um as you can see the site has already been outlined in the green as well as the top unit right there this was the approved site plan um back again the prior resoning 2021 d239 um this was the newest um proposed site plan Amendment um this was initially brought to the community um at the first community meeting um in this you can see the changes and that the blue um the blue units are the ones that are being added um the community brought up the issue of parking saying that um they're worried and particular the units over in this area were worried about the parking in terms of if the individuals in these areas had nowhere to park they may move over to here so in response to that the petitioner then added additional parking um as you can see some of the longer parking strips um those were the key things that were brought up during the community meeting in addition to just information about what was going on since this was a site plan Amendment if this was a new resoning Etc um these are some of the statistics um that were brought forward to the community to show the difference between the original plan the approved plan back in 2021 and then the current proposal for the plan to show that we're still staying within the um multif family um 12 um as well as some of the other changes um with the parking as well as um parking right there as well as um short horn will have the um maximum density still below and then Turnal will be a little bit higher um we also brought forward some of the Design Concepts some of the elevations and um haven't had any um feedback other than positive feedback since the community meetings um just want to leave it open for any additional questions you may have Miss Johnson thank you and thank you Mr Jackson um I just want to say this petition this area originally this there was a petition I think it might have been 2020 and the neighborhood was so opposed to this that it ended up being withdrawn and um later on Mr dreford came and wanted to develop it and worked so closely with the community and um I mean this was it was so contested it was on the news Joe Bruno reported on it and everything so this is a very organized group of residents and if there were opposition they'd be here you'd see them so it it speaks volumes that he developed that Mr dford developed it once and even with the extension or the amendment he's working with them and they're not here there's not opposition so I want to thank you thank you for for making our jobs easier right and um thank you for the standard of of quality um that you developed Mr dford so that's all I have to say thank you oh I do want to ask can I get a hard copy of this presentation of course okay thank you move to close second did you want to speak Mr Brown all right all in favor of closing the hearing that's unanimous so our last item for the night agenda item 35 resoning petition 2024 074 by moranz Holdings LLC approximately 1.3 Acres located along the northeast side of Marvin Road in the west side of balro place east of Dixie Hills Drive in my district current zoning is neighborhood 1A proposed zoning is neighborhood 2A the staff recommends approval of this petition thank you side is 1.3 Acres along the north side of Marvin Road along the southern edges of the Valentine neighborhood and an area that's primarily characterized by multif Family residential uses uh with access to goods and services located just half a mile away Along Johnston Road the site is currently zoned sorry the site is currently zoned neighborhood 1A and they are proposing to go to Neighborhood 2A and that is inconsistent with the policy map's recommendation for neighborhood one at the site I think you'll see on the mapping it looks a little funky but it is just neighborhood one the policy map layer just doesn't quite line up with the parcel boundaries but that is the designation is just neighborhood one of this site this is a conventional petition so there's no Associated site plan if approved it would allow all uses pered by right and under prescribed conditions in The interway District staff recommends approval of this petition although it's inconsistent with the recommendation for neighborhood one at this site the parcel is adjacent to establish and Future multif Family stacked and attached type development along all sides and it's situated in an area where it's appropriate to allow D to residential product types given its proximity to goods and services is Frontage along a major arterial Road and it's location along a corner lot where we think it's appropriate uh to to allow densification a conditional petitions not necessary for this request given the size of the rezoning and the existing development pattern in the area Miss Grant you have up to three minutes I promise I won't use it once again it is a pleasure to be here closing out the night again Bridget Grant land use consultant with Moren Van Allen I'm I'm happy to be here on behalf of the moronas foundation with support with Liz Ward from give impact um as Holly said this is a conventional zoning and we're happy to answer any questions 30 seconds so uh colleagues I think we should spend some time on this one hold on let me take off my Jack do I have a second second all in favor do I have a motion to adjourn yes so move second all right thank you we're done good night baby [Music] e