Charlotte City Council Zoning Meeting - April 15, 2024
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[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] good evening no helmet I want to welcome everyone and call to order the Charlotte City Council April 15th zoning meeting for today say thank you here um I know that several people are in our um in our building and and looking forward to the dialogue but we also have people that watch us on um live streaming or on on their computers and we welcome you all as well um I will begin with the introductions for those that are at the dis and we'll start with our assistant City attorney T hegler Grace seni your assistant City attorney good evening I'm Victoria watlington council member at large good evening Lana Mayfield council member at large T car just dist six Ed drgs District s Malcolm gram District 2 good evening Dante Anderson mayor protim District 1 good evening VI mayor good evening James Mitchell city council at large dle AR miror at large good evening Stephanie Kelly city clerk Sean Heath assistant city manager all right um we begin our meeting with an invocation which is an expression that we require for each other and tonight we are going to um ask council member Mitchell to provide us our invocation as soon as Miss Brown Miss Brown would you like to special that is very nice it's very nice to look very nice so I love flowers all right Mr Mitchell okay mayor and Council may we stand well could bow our head please oh wise and Heavenly Father we thank you for this blessing day Heavenly Father we ask your blessing of this mayor and city council and our families Heavenly Father we ask that you give bless of all those citizens who call Charlotte home now father grant us wisdom and guidance as we make decisions today to uplift our city city called charlot would all believers underneath my voice say amen amen thank you now will few continue to stand for um our Pledge of Allegiance I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you everyone as we begin our meeting I'm going to do a brief explanation of the zoning process the process begins with applications submitted to our staff for review their cases are of two types that are on our agenda decisions and hearings decisions are on cases for which a public hearing has previously been held and there will be no further public comment hearings if anyone is wishing to speak please see our city clerk before the start of the hearing um in this case we will have public um staff presentation with um to present the um petition to us and then the petitioner and those in favor get three minutes combined to present their case unless there's opposition or opponents signed up to speak or if the staff is an opposition the petitioner gets 10 minutes opponent gets 10 minutes combin and this is especially important I know a lot of us but collectively the 10 minutes are for everyone that signs up to speak so we try to help you organize yourselves if you have several speakers for one item that's in opposition and as the completion of the opponent's 10 minutes combined the petitioner gets a two-minute rebuttal if no one is opposed or signed up to speak staff provides a short presentation thank you staff and the public hearing is closed and the next public hearing is open the petition then goes to the zoning committee of the Planning Commission for review and recommendation and now I'd like to recognize Douglas Welton the chair of our zoning committee so that he can um provide your introductions as well as the process that follows thank you Madame mayor uh and thank you Council my name is Douglas a Welton I serve as the chairman for the zoning committee of the Chara meinberg Planning Commission allow me to introduce the members of the committee uh will Russell Shaun anely Rick Wier Terry Lansdale Rebecca Wilden and Clayton cely the zoning committee will meet on uh Tuesday April the 30th at 5:30 here at the uh Government Center at that meeting the zoning committee will meet to discuss and make recommendations on the petitions that have a public hearing here tonight the public is welcomed at those meetings but please note it is not a continuation of the public hearing that is being held here tonight prior to that meeting uh you're welcome to contact us and provide your input you can find contact information for each petition on the city's website at Charlotte planning.org thank you madam mayor thank you to our team for doing this work it's really important um I would like to now um ask the staff to provide us the changes that have occurred since the document was presented with the idea of whether or not we had any deferrals or withdrawals so Mr Patton sure thank you madam mayor uh we do have uh several deferrals uh first item number 22 uh petition 2023 172 by BVB Properties LLC uh then we get into our hearings item number 24 2023 134 by the paces Foundation item 25 2023 164 by Eden Acquisitions LLC item 26 20247 by oakill management uh item 27 20234 by city of Charlotte and then item 28223-0001 also by the city of Charlotte uh all of those deferral requests are to our May 20th meeting uh next month all right um should we talk about the item that we've added to the agenda as well Mr pet uh we do have an additional decision item um which is item 23b uh it was omitted from the print version of the agenda it's on the online version and I put a hard copy uh of all of that around the dis uh thank you everybody y so we will need a motion for the deferrals withdrawals as well as the we do not need to include in the motion the one that has been submitted um that's new any discussion hearing no discussion all in favor please say I I anyone opposed all right thank you very much all right so the next item on our agenda are decisions um the resoning items the consent we have of of consent items um list where the resoning of petition items three through 18 may be considered in one motion except for those items that are separated by a council member or requested for a separate vote um we have criteria for those petitions that re meet um the standard for being on the consent consent agenda first they had no public opposition at the petition of the hearing the zoning committee recommended approval and there were no changes after the zoning committee's recommendation and staff recommends approval are there any consent items on this agenda that Council would like to have for a separate Vote or question Miss Mayfield you're ready yes Madam mayor I would like 10 11 16 and 17 to be pulled for separate votes 16 17 so we have items 10 11 16 and 17 and 17 as a separate vote so with with the remaining items of those do we have someone else Miss Johnson number five please item five thank you okay any others for a separate vote from the council all right hearing I'll repeat them 5 10 11 16 and 17 all right is there anyone with another separate vote from the consent agenda so I'm going to um may I have a motion to approve the following petitions and to adopt the zoning committee statement of consistency for each of these petitions as they appear in our agenda as the council's own the first one is item three petition 20 22-17 by Alton Oliver self Jr item four petition 2023 091 by meinberg County petition number six petition 2023 D13 by Siri Siri LLC petition number seven item number seven petition 2023 d132 by Mark talet Freedom communities item eight petition 20 23150 by Karen Wingate item nine petition 2023 154 by UNC Capital LLC the next one would be um item 16 let me see we go back 12 going back to item 12 item 12 petition 2023-24 d167 by Beacon properties item 14 petition 23-2 168 by cter Family Properties item 15 petition 231- 169 by DR Horton item six 18 after we will skip 16 and 17 and then next next item is item 18 petition 2023-24 by United Rentals North America Inc so moved second we have a motion and a second any further discussion hearing none all in favor of the motion please raise your hands anyone in opposition no one is in opposition so we will now come back to those petitions it's working that were pull for a separate vote and we will start with item five petition 2023-the do is there any discussion motion to approve all right we have a motion to approve and a second is there any further discussion Miss Johnson thank you Madame mayor I just want to acknowledge the developer um Paul panel and and the way that this development was handled he reached out very very early on and I was able to direct him to the 7 Oaks homeowners association um and he worked very closely with the neighborhood and I'm looking forward to this development there's going to be 9,000 square ft of um neighborhood retail uses right and um 12 12T multi-use path there's traffic improvements and it's just it's an improvement to the neighborhood and I'm looking forward to supporting so thank you all right thank you all in favor anyone opposed all right the next item is petition item number 10 petition 2023 by CH Land Company is there a motion to approve to approve second we have a motion and a second any further discussion thank you hearing no further discussion all in favor please raise your hand anyone in opposition Miss Mayfield would be opposition the next item is item 11 petition 2023-the 11 we will have recommendation for do I have a motion for approval as well as the accept the in committee statement of consistency is our own any further discussion Mayfield all right Miss Mayfield thank you Madame mayor I am highlighting commissioner wier's stated statement that the proposed low density is not consistent with the activity in the area and does not address the resource needs in the community all right thank you Miss Mayfield all right all in favor of the petition please raise raise your hands anyone in opposition Miss Mayfield the next item is item 16 petition petition 2023-2024 motion a second and is there any discussion hearing none all in favor please raise your hand anyone opposed Miss Mayfield would be in opposition the next item is item 17 petition 2023-24 by strategic Capital Partners LLC do I have a motion to approve this petition accept the zoning committee statement of consistency is our own motion and a second is there there any further discussion hearing no further discussion all in favor of the petition and oh I'm sorry Miss Mayfield I did not see thank you madam mayor just highlighting the multiple emails we receiv received from residents actually looking at the current occupied homes that are in this immediate area on this very narrow two lane Street there is quite a bit of concern regarding 2023 171 went by spoke with had a chance to connect with and take some pictures of the area we still have residential over there there's a concern that our projects are putting residents in a position where they feel that they are being forced to move their home which I believe is counter to our goals that are stated by Council for Aging in place staying in place and neighborhood cont all right any further discussion hearing no further discussion all in favor of adoption of the petition item number 17 and accepting the zoning committee statement as our own please raise your hand all right anyone in opposition Miss Mayfield all right thank you all right I believe that concludes our consent agenda and so we will now move on to the items that we have in addition that that are listed on the agenda um we do have some items that we have that have been changed as a result of the committee zoning committee's recommendation at since the Comm since the zoning committee's recommendation so we'll address those as we come to them all right so the next item that we have on our agenda 12 it's 19 wait a minute it's 19 item 19 all right it's 21 sorry too many pieces of paper here guys we're going to begin with a resoning petition 2023-24 by Charlotte planning design and development and a text Amendment the purpose of this text Amendment is to update the campus zoning the the con the campus zoning districts to one restructure the use of matric for these districts add specific uses for ofc D1 c-1 and IC one-2 modifying the prescribed conditions for certain uses allowed on the campus zoning districts and a create a new general office OG zoning District the zoning committee's recommendation is to to approve this petition the staff recommends approval of this petition you have the materials in front of you is there a motion to approve this petition and accept the zoning committee statement of consistency as our own so move mayor second we have a motion and a second any discussions hearing no discussions all in favor please raise your hand anyone oppose all right that takes care of the 19 all right our next item is item 20 item 20 did have changes after the zoning committee's um statement of consistency was done and so Mr Paton will you address that change yes certainly uh so this petition again did make some changes following zoning committee's recommendation um mainly to some of the notes these were done uh in coordination with uh our folks in cats uh regarding some of the future Silver Line uh that's coming through that general area where this petition is located so did add a few notes uh the first was to modify uh one of the notes to incorporate a shared use path along the proposed Silver Line Frontage at the time Redevelopment if required by the Udo uh second note was requiring the implementation of streetscape improvements along the plaza called out by resoning petition 222- 099 they also added a note agreeing to submit engineering and utility plans to cats prior to site Redevelopment uh to help coordinate potential utility and infrastructure conflicts also clarified what type of uses and structures that are allowed within the the RightWay reserve for the cat silver line and also added a note indicating the process that will be undertaken at the time of Redevelopment to allow cats to purchase a temporary construction easement for the construction of the silver line the note also identifies possible locations for and how loading spaces uh waste containers and driveways to loading spaces will be treated along the silver line at the time of red development again these were all done in coordination with cats I believe that they're minor changes and would not warrant an additional review by the zoning committee thank you do I have a mo motion to accept that that the changes should not go back to the zoning committee so move second we have a motion and a second is there any discussion there no discussion all in favor of not sending it back to the zoning committee please raise your hand anyone opposed all right so we'll move now to vote on the petition 20 23- 062 by white Point partners for approximately 2.5 acres on the south side of Commonwealth Avenue West of the plaza um it is in district one and current zoning is to adopt this petition as well as accept the zoning committee statement of consistency as our own so moved second we have a motion and a second any further disc discuss can yes please I would just like to make a quick statement and uh thank the petitioner for working with both uh Plaza Midwood Merchants Association and Commonwealth morning site neighborhood association on this particular petition there's been a lot of collaboration and both entities um have spoken their support for this petition so I just want to underscore that thank you madam mayor all right any further discussion all in favor of the the part the motion please raise your hand anyone in opposition hearing no one in opposition the motion passes the next item is agenda item number 21 it's resoning petition 2023-the statement of consistency so Mr petton would you please reiew the exchanges with us yes thank you the following changes were made to this petition uh they reduce the total residential unit count to 95 that would reduce the maximum number of multi family units to 670 that's a reduction from uh the previously 682 that were being proposed also commits to no fewer than 90 attached units and nine single family homes to be constructed prior to the issuance of certificate of occupancy for the 400th multi family unit uh maintains a commitment to no fewer than 14 single family homes and 125 attached units to be constructed across All Phases commits to additional height restrictions for buildings with a front facade along Golf Links Drive that would be in Development Area e to 50 ft and limits the height of buildings on the most eastern edge of Development Area D to 50 ft as well uh setbacks for development areas end would be 26 ft along golf Lings drive and then the final note that was modified states that during Land Development approval for the site petitioner will work with C do to create one additional choker Road connection either at the extension of Mesa Verde or IR Road into the site uh C Dot's approval of this additional choker Road will be based on the final internal Road network of the site and based on the city's traffic calming policies uh again these are changes that we believe are minor uh and do not warrant additional review by the zoning committee thank you do I have a motion that the changes should not go back to the zoning committee so move second we have a motion and a second any discussion on the motion hearing no discussion all in favor of not sending it back to the zoning committee please raise your hands thank you that's approved all right so the resoning petition is approximately 124 Acres located on the east side of Tom short and red West Lane and North of badre Kellis in district 7 the current zoning is mixed use residential Innovative the proposed zoning is fiveyear is MX2 Innovation with 5year vested rights with mixed use residential Innovative I want to recognize um that the the zoning staff and as well as the um zoning committee have recommended approval of this item Mr DRS move to approve second we have a motion and a second for approval any further discussion Mr drgs so uh here we are after a process of over a year of extensive engagement uh with presidents uh with the petitioner um I have come out uh in favor of this petition hasn't been an easy decision I've listened carefully to a lot of the input I have received from residents um I want to highlight uh from a memo I sent out today to people on my mailing list uh how I arrived at this conclusion uh point one city staff has recommended approval and the zoning committee unanimously recommended approval based on their finding that the petition is reasonable in the public interest uh second point there is a critical need for schools in our district and not many opportunities to create them so the uh inclusion of a school in this petition is an important consideration third point the petition does align with City council's adopted 2040 plan which seeks to promote higher density and diversity of housing to accommodate the rapid growth of Charlotte and slow down the rise in housing costs uh I would note I voted against that plan uh and I I anticipated that we would have tension like we are experiencing now but the plan was adopted and those are the rules by which we're playing today uh many changes have been made as a result of an extensive engagement with residents uh on the part of the petitioner and myself uh you heard a description just now of some of them that are have been updated uh in particular a uh an an overloaded Culvert which was the subject of many conversations we had because of storm water issues in the area is going to be replaced as a result of an ad joint effort by ncdot and CMS uh and to me given how many comments I heard about existing flooding problems in the era uh that was a big plus uh other modifications such as choker roads as we just heard uh further conversations on traffic safety will continue after the council vote uh not all issues that have been brought up in that section are uh are fully resolved uh but what I have said from the outset is that this plan is basically not aggressive in terms of what has been happening here in this chamber over the past year and as a result of the Udo uh an 8.8 density uh a diverse housing types and quite large distances because of the creek and so on away from the single family homes to these units that are being proposed here so uh I I think that if I recommended uh rejection of this my colleagues would have to Wonder in the light of many things that we've already approved why exactly I would I would also mention that if this is rejected unlike the hope I think that many in opposition Harbor we will not revert to the 20 2004 plan you're not going to get that plan what would happen if this got denied tonight is that some other plan would be submitted and we would be here all over again it would probably be a lot like this one so I don't think there's anything to be gained uh from turning this down uh in fact I appreciate that the KO family went into this intending not to inflict what they thought would be a really bad Solution on their neighbors unlike another one I'm struggling with so uh this has been a lot of work uh and I have uh found it very difficult I'm between a bit of a rock and a hard place here but the fact is that this petition uh is very much in line with others that we have approved offers some very significant benefits in terms of open space Greenways and and setbacks and that is why I reached the conclusion that we should support it and colleagues I hope uh that you will U agree with me on this I've had conversations with all of you and would appreciate your support uh in uh reaching this conclusion thank you thank you Mr drgs Miss azir thank you Madame mayor so I appreciate council member Dres for reaching out to everyone uh he's reached out over the weekend he I and Ed have had several conversations about this resoning petition this is certainly a difficult one um so I respect the work that's been put into this by council member Dres I have arrived at a different uh conclusion uh based on the package that was created by speakers Miss uh Blake and Mr Dinger at the hearing and just from looking at opposition over 3,500 signatures that were against this resoning petitions and the number of issues that's being brought up uh around quality of life issues I think those are very valid concerns and um I had to follow my conscience and I I will not be supporting it I did support the UniFi development ordinance the concept or the purpose behind the Udo was the gradual density increase so introducing uh duplex having an option for multi generations to live Under One Roof it wasn't to have multif family and single family neighborhood that truly affects the neighborhood's character uh so I will not be supporting it while I appreciate that this addresses some overcrowding in CMS with the Middle School option however because of the density it further creates overcrowding issue and it does not necessarily address it because now we are putting more uh in school so um I will not be supporting it right Mr I want to point out I'm mindful also of the petition but I think what I'll say to you about that is the petition in my mind is basically a cry of protest against the growth that's happening and the disruption that is happening as a result of policies that we're adopting to try and achieve a greater diversity and dispersion of housing uh I would not want to argue in front of this Council that district 7 should be exempt from some of the difficult decisions that we've had to make elsewhere in the city it is not easy the Udo that I did not vote for was going to involve uh dislocation and pain it was going to happen anybody who voted for it should have known that it can't be done painlessly you cannot achieve the goals of the Udo and not uh shake things up a bit so uh uh I I appreciate uh if somebody has a different opinion but I assure you I've given a lot of thought to all of this and I really think this is where we need to be thank you Mr barari just a note for the audience here um the I don't want anyone to walk away thinking that the two-year battle we had across this whole Community with several of us fighting against tenants of the Udo that ultimately um set the stage for rezonings like this and I'll concur with my colleague this is not the worst of what we're seeing already those of us that oppos this across a bipartisan basis most of us being District reps who are closest to all of you guys knew exactly this is what we were had in for and so I don't want anyone to walk away with the the talking point that is completely made up of that was one thing but that wasn't this don't buy into that that is not correct Miss watland lton thank you I just these are the kinds of decisions I'll say it again I know you heard it a few times these are the kind of decisions that are direct result of the conversations we had over the past several years um I absolutely understand how those of you that are sitting in this audience hoping hoping for a no vote feel as some of my colleagues have mentioned that's exactly what we anticipated and shouted from the rooftops when it was time to take the vote and unfortunately what we have here is a situation in which as Mr Driggs mentioned we don't get to revert back to the 2004 plan it would actually be worse by right and that's how we know we have a policy problem and that for me is the only reason that I will be supporting this tonight because it can be worse not because I think that this is the right thing to do for this space but because there because of the policy decisions that were made two years ago we are in a situation where if we don't accept this we actually could see higher density in this area by right without the amenities and I know that that is crazy and I know that that's not uh it's it's not an upside it doesn't feel like that and I I'm sorry that we're in this situation to be honest um and as we look at these policies over the next couple of months that staff is proposing for the Conservation District and some others to change it those are the places where we've got to play in Council so that we're not continually in these positions right Mr Graham thank you madam mayor first let me um uh thank my colleague Mr dregs for for his thoughtfulness and his dedication to this particular petition for well over a year and a half um I was telling one of my colleagues um earlier today just because something is popular it doesn't make it right and just because it's right it doesn't make it popular right so the decisions that we make around this di is including U passing the Udo are very difficult decisions uh and when we make difficult decisions that um bring along change um sometimes change comes with pain um our city is growing uh there's no doubt about it it's growing uh specifically um in district seven and four and and two and um three oh three gets it for sure um and we're making the decisions the old eyes uh for future generations of how we plan to live in our community and where we live and housing types that we make and so while the decision tonight um is difficult um while the Udo decision that we made two years ago was difficult I still I stand firm in believing that it was the right thing to do and I'll be supporting you thank you all right any further comment all right we have a motion on the floor um all in favor of the motion please raise your hand those in opposition seir thank you very much the next item we have a lot to plan for in this community we often talk about how great the city is being able to bring and create new people coming into the city and new people that are coming into our city really require places to live we need to work on our infrastructure but we also need to provide housing for people that are coming in to this so I I along with Mr Graham look at the Udo is our ability to maintain the growth in a way that we hope that will be successful for the generations to come changes are going to be difficult and they will happen and we have lots of work to do to keep up with it so our My Hope Is that we always look at this in the framework of what would we do if we what would happen if we didn't do any of these things where would people live how would they choose to move around what would it do for our sustainability so all of these things are important and I hope that you'll stay with us and continue to engage with us in this effort to make make a city that's still a good place to live where people will choose to come and work and to have their families or friends with them so it's going to be a tough run because we're still working really to Define everything but I do believe we're headed in the right direction so with that we'll start with our next item which is item 22 22 is 22 is deferred so we jump I'm sorry Dave I couldn't hear you 22 is deferred so we'll jump to 23 203 2023 223 there we go defer 23b is that we're just 23 and then we'll go to that one yes 23 I've got a 23b so now we're going to go to 23 I don't all right 23 approximately 14 acres located on the northeast side of par Creek Road East of Little Rock it's in District 2 Mr GR district and the current zoning is NI a neighborhood A1A proposed zoning is neighborhood 2A conditional the zoning committee voted 5 to1 to approve and the staff recommends approval of this petition do I have a motion we move second oh we did have some changes after so oh I'm sorry the changes after that so the changes are Mr Paton just a couple U they did add and committed to some additional tree plannings along uh the proposed roads and streets within the site uh the sight's internal tree plantings would include a minimum of 50 trees along the proposed alley Network and a minimum spacing of 40 ft on Center and they also uh added the comprehensive Transportation review summary or CTR summary uh was added to the site plan as well so uh just some changes after zoning committee that we believe are minor and do not warant additional review thank you all right is you've heard the recommended changes um do we have a motion to accept the changes and not return to the zoning we have a motion and a second any further discussion all in favor of not returning it to the zoning committee please raise your hands anyone oppose so with that we will now move to um the approximately petition 2023-the holes and we have do we have a motion move second we have a second any discussion Miss Mayfield Mr Patton for number three in the outstanding issues consider providing more streets built to public standards rather than alleys being the predominant Ro type why was that resend it uh we talked to the petitioner a bit on that and the site has some constraints environmental constraints on the back portion that really kind of pinches them into uh providing some of the roads that uh would provide a wider width so that's why they were proposing the uh alley system so so we did work with them to try to get those uh to function a little bit better and and have some of those Street trees that we had U mentioned as part of the changes after so uh that was our our reason for uh withdrawing that that request and for number three consider re orienting the building adjacent to park creek road so that the units front on the public Street and parking is rear loaded why is that resented so they were able to give us some additional architectural details for the corner units uh that will face the road again it was a site constraint issue that they U suggested they weren't able to do that so it was a request from staff we did try to find a common Middle Ground which we feel like we you know got got what we could out of that request uh so that's why we did resend it after working with them a little bit on it okay and not for nothing I'm a fan of this particular Builder's product I just wanted to understand why those two were resend it thank you no problem all right any further questions or discussion hearing none um you have a motion to adopt and um accept the zoning committee statement of approval statement of approval as our own we have a motion any further questions here I'm sorry all right all in favor please say raise your hands anyone opposed okay we have no opposition now we'll come back to 23b is that correct Dave yes all right so in 23 B the um zoning committee has a recommendation that um this is a approximately 3.5 Acres Bound by the east side of Lake Brook Road north side of Center Grove Lane West Side of Sam Wilson it's in District 3 and it the petitioner is the Quick Trip Corporation I hope everyone has a copy at the table at their seat so with that do I have a motion to adopt this petition recommendation and accept the state of consistency is our own some second we have a motion and a second any discussion Miss Mayfield go ahead I can I can take care of housekeeping after you're done go ahead thank you Madame mayor just wondering what is the closest proximity for are there any gas stations in the area CU I know we have a lot of areas that don't have a gas station so what's the proximity of the closest gas station already over there uh there are I believe two on the other side of u i 85 one on uh the west side of Sam Wilson a smaller one and then one on the east side of Sam Wilson I believe is a larger uh I think it's a L's truck stop so what we have in front of us is a from zoning committee action statement of consistency to move to deny mayor can I check in with committee yes thank you and thank you for the heads up that zoning committee voted 42 to recommend denial I'm sorry I should have said that instead of it being that they have their consistency statement so with that we do have a question for the zoning committee from Miss Mayfield Mr Welton what would you what would you I would like to just get a understanding of the conversation for why you all were not comfortable I have time this but I would love to hear from you all uh yeah there are uh a number of folks would you like it as as you um commissioner won stated that a high impact gas station use is not compatible with the adopted 2040 comprehensive plan a new massive fueling station isn't uh use isn't what we were looking for when we uh uh think of a 15minute neighborhood and additionally new underground gas storage has an environmental harm and impact that limits future development it's the wrong choice for this neighborhood especially with four gas stations within 5 minute drive thank you all right Miss Brown yes I met with them in detail went out there live off in the area know where loves is it's all industrial I spoke with them and I made a decision to move forward I know that the zoning committee did disapprove for the two gas stations are already in the area there's nothing wrong with one being on the other side it's good for business people are traveling through our city they want to be get in they want to be able to move in and out affluently loves get congested sometime I've been in that area I'm so moving to support that decision that I I made when I spoke with him all right Mr drgs uh I just want to note it is true that our plan says that and I can tell you I'm very actively engaged in trying to create a revenue source that will allow us to invest heavily in different modes of transportation get people out of their cars it's a clear priority of the city but the truth is right now people still pan on their cars and therefore being hostile to carf Friendly development is premature in my mind at this point when we reach the stage where we can encourage people to leave their cars and they have someplace else to go I think that's a strong argument but I support the district rep on this one Miss Brown yes I want to go back because um as I'm learning my job and thoroughly I'm communicating with the structor how things go when I go in that area there's a lot lot of things that we voted on in my opinion that's a destruction or doesn't match what we did in the 2040 plan or the Udo so when I went out there to look at it it was my decision based off what I saw and the activity that's already going on in the area to support them and I just want to be clear on record for me I am supporting it it's an industrial area it um it's going to help with people traveling through our city spending money creating Revenue to be able to move in and out effectively so I'm standing on my decision to support it Miss Molina um thank you Madame mayor I'll be quick I actually when reviewing the um the information for this week I was I was actually taken back by the amount of Divergence in what the staff actually thought and what the commission actually thought there was a there was a large amount of that this time um and I don't know if that's you know kind of an indication that you know it's time to have some deeper conversations I know that inevitably we already are but um I mean although I am going to support the District representative and you know being that she's closest to it I just when we have such a Divergent position um it it's it's kind of hard to ignore that right you got the Commissioners that are duly El duly appointed that represent both the city and the County's interests that don't agree and then we got staff that does agree so I think that's an offline conversation but I want to submit that to my colleagues I think it it should be somewhere closer to congruent and that you know that goes without saying but I do I will you know support the recommendation of the um of the District representative that's a great point it might be something that we need to think about for a committee I want to recognize Miss watlington thank you I'm looking for Mr carmichel but I don't see oh I my question is actually for him um in regards to the Northwest Community Alliance were they engaged on this petition and if so what was what what was their position I'm sorry Mr carmichel come on down cuz I didn't on commun on I'm sorry she say she would like to speak again we'll get excuse me I don't good evening um so I don't have my notes in terms of the dates but we had a zoom call with the rep represent of the the Coalition his comment to me was well I think I feel uncomfortable speaking for people but I will happy to do it because you asked me the question but he said that the the um the gas he felt like was probably okay some people may have some concerns about the diesel fuel tanks in the back and then I invite through email invited uh we sent an a letter to their representative and emailed the representative that we had the zoom call with um I don't believe anybody show up for the community meeting I then emailed the PowerPoint presentation to the representative of the Northwest Community Alliance with the dates of the hearing and everything said please call me with any questions or concerns never heard anything back so we we did keep them a breast of things council member watlington but I can't give you their official position on it I wouldn't feel right doing that thank you thank you all right council member Brown yeah I was just like to say that there was low um I I tried to reach several Community people and have it in my records to show it um a lot of times when you reach out to follow through I follow through on what they presented to me when I met with them and what they presented to me proved to be true I I did my checks and balances so the people that they say they reached out to with the information that the people gave them back on the feedback was the information that I got as well thank you I know there's a discrepancy but that's my decision as a district rep so I'm going to move forward with the decision to move forward with the gas station thank you m asira yes uh thank you Madame mayor um I just wanted to follow off from what council member Molina's remarks earlier about zoning committee and planning staffs uh where there is uh diversity of opinion I'll I just wanted zoning committee members to know I certainly enjoy reading their remarks uh because um it certainly brings a perspective and I I haven't seen that since in six to well eight years that I've been on Council uh so uh keep those coming uh certainly I may not agree with you 100% with you all but I think it's important to have the diversity of opinions that may not be uh in line with what staff thinks so uh but on this one I will go with the District representative and uh we'll be supporting that well I think I see where this is going we have a motion on the floor are all in favor of the motion one point of clarification before we finalize the motion so the adoption would be of staff's statement of consistency and not zoning committees thank you so using the staff state of consistency you have a motion on the floor to approve all in favor please raise your hands anyone opposed Miss Mayfield is opposed the motion passes thank you everyone all right the next item 20 sorry we have the deferrals that we've already approved so our next item is item 29 and I'm sorry Tex this is what item are we on we're now going into our zoning hearings and the next item is item 29 and the resoning petition is 20 the conservation residential development standards in section 4.5 of the Udo to increase the quality quantity and quality of required open space to increase transitions to adjacent properties and revised frontal requirements there there are proposed changes in five of the art 39 articles we're going to have a staff presentation I think that's probably a little bit better than me reading what's in the doc docent so now um we'll begin with the staff presentation and that will be with Miss Craig and just again one one quick point of housing before we start onto our hearings this evening I didn't want to take a minute to introduce our new uh rezoning program manager uh that started with us uh last month was at our meeting last month but uh certainly here in attendance with us again as well Teresa Montalvo has joined us she like I said been here with us for a month now uh you should start seeing her at the podium hopefully U starting maybe next month but I just wanted to make everybody familiar uh with with Teresa uh so yall know that she'll be up here sooner than later all right thank you Teresa I know we're here um welcome I think right um you know and see the um you see the um type of interest that we have so we know that you'll be a great part of our team all right and now we'll go to miss Craig all right thank you mayor members of council um want to talk about uh Udo text Amendment 2024 uh- 043 and this is a text amendment to modify the standards of the conservation residential development in the Udo so I want to start by talking about what conservation residential development is this is a planning practice that's been around for decades it's a tool for conserving environmental features and creating high quality open space and so you can see the the graphic on the left is a traditional development there large Lots the open space is often in the lot and what this is doing is allowing you to reduce your lot sizes and preserving large amounts of natural resources and or usable open space so um again this is a development option in the Udo in certain neighborhood one zoning districts you can reduce the um the lot sizes by 50% in exchange for open space and of course the residential uses permitted by the zoning District may be included in the development option so the reason why this text amendment is needed and why staff is bringing this forward is we are finding that the philosophy and the intent of what a conservation development um is to be and what has been traditionally done in many other cities is not being held with the standards um so we're not seeing quality and quantity of open space um considering the trade-off of allowing reduced lot sizes um we've got some green area and tree save placed on private Lots we've got small narrow strips of open space we've got lots facing on storm water facilities um Lots facing uh narrow open spaces and just really um a lack of commitment to Quality usable open space um we think there are transitions that are missing or inadequate between existing developments and these new conservation developments and uh one of the things that I am concerned about is that we've got primary access Way by alleys instead of public Street which means you are not getting a full sidewalk system you're not getting Street trees and while um alleys are certainly less expensive and uh than a public Street um ultimately the responsibility of maintaining the street as well as the water and the sewer infrastructure will fall upon Property Owners so I want to I don't know if my little pointer can work here but I want to show like this is a couple of examples you've got um a large number of alleys um these Lots right here are fronting on a storm water facility we've got lots that are fronting on a small um sliver of open space um not really what we intended by preserving large amounts of um open space through a conservation development here's another example um we've got um missing transition between this existing subdivision and this development here and again a large network of alleys um I wanted to point out a couple pictures just to um highlight a couple things so I'll start with this over here on the right so um you've got um developments here that are um on an alley um so a small alley you're seeing uh lack of a sidewalk system and trees these units over here are fronting each other with a small amount of open space in between um this development here um is on a storm water Pond um and then this here is showing um a series of homes that while there's open space to the far right um it is separated by a retaining wall which is not really creating um usable open space opportunities so this this is a figure I think Council has asked um us to provide this in the past this is a graph showing where we have received submittals for all conservation developments and so they're listed by the type of units so we've got some that are duplex only Triplex only some that are a mix there's I think maybe just three or so that are single family only um and you can see that for the large majority of them are located sort of on the periphery of the city which is um has some concern by staff that we are not um marrying the idea of additional housing supply near our centers we're really focused on um going forward we've been talking about Strategic investment areas which are also really wanting to promote 10-minute neighborhoods and increasing housing Supply and your access to services and so you can see um there's probably about a little short of a thousand units that have been proposed thus far using these conservation standards which again is a development option in the Udo it's not intended to be the um the uh the pathway in which most uh projects come through so we are proposing to increase the quality and the quantity of open space requirements and require an additional 15% of green area and tree save for a total of 40% ensure that open space cannot be on individual Lots increase the minimum Dimensions to 50 ft so the open space would have to be 50 ft and um provide some standards of what is considered usable open space we also would like to provide an additional perimeter buffer um on the outside of the development and require that all Lots front public streets green area or open space not a private Street or an alley um wanted to give a a quick example um so this is um a sketch plan I think I showed it earlier um with the network of alley and then this is taking that um sketch plan and and using the standards that are proposed over here in the right to create a development that's got um a public Street Network it's got greater access to open space and higher quality open space and I want to point out um because one of the questions that I've that I've been asked is you know what happens to the unit yield and so these are approximate figures these have not been designed um but we've been working with a consultant to help us get to some numbers and so I want to point out that before the Udo you could um get about 115 units on this site there were some cluster Provisions in the udio that allowed you to get a little higher um and currently in conservation the way that this site is laid out right now it would lead to about 220 units and then with the standards that we're proposing you're still getting greater housing Supply and housing units than what we allowed before but I think it's a higher quality development with high um usable open space um I don't want to dive too far into the the details of this I just want to um point out that we've done an analysis with some other cities that are similar to us in which and in that they have available land for development so um we've often been compared to Minneapolis and Minneapolis is different because they're smaller geography and they're pretty much fully developed out and so wanting to talk through how does this play out in in um cities that do have a lot of usable land and you can see that there's um a pretty strong commitment in a conservation development in these cities um a couple of cities Nashville and India in um Indianapolis they so if you uh increase your lot size by 10% then you have to do an additional 10% of conservation up to 50% lot reduction requires a minimum Conservation area of 50% um Raleigh is um you know of course a pure City they um they require a minimum of 40% or a minimum acreage whichever is greater and there's some variation as to what um housing um is is allowed there so um I want to mention um because I think this is important it's been part of a lot of the conversations that we've had recently is that I fully recognize that there's a reason why we have development projects that are coming through um looking for a different development tool um and that's because modern Construction um and subdivision projects they need smaller lot sizes um they're more efficient they're more uh cost effective and so we are recognizing that uh these projects are needing smaller lot sizes and they're they're using a tool that wasn't really meant to be a tool that is promoting um the options for housing Supply the lot standards that are in the udio today they are intended to protect the lotting patterns of existing neighborhoods and so that's why they are not smaller in the Udo is because we have um a whole network of existing communities with existing lotting patterns so we propos to create a new tool for smaller subdivisions or for new subdivisions with smaller lot sizes we are currently working with a number of different um um folks from the development industry including affordable housing developers um we're conducting a a workshop later this week to kind of dig in and get through uh some details of what this tool would look like and I think we can move pretty quickly with than a month or two to get this um underway because again I think it's very important a key tenant of the Udo was about increasing housing Supply and so recognizing that the tool for conservation should be about conservation and then we need a tool that's about housing Supply and making sure we're getting housing Supply in the locations that we want and housing Supply that is Affordable and of course we've been working with um some affordable housing developers on some um some uh uniqueness of of this tool and how to make sure that we're getting affordable housing um so again staff recommends approval of this position uh petition it is consistent with the policies and the vision of the 2040 comprehensive plan supports goal number two neighborhood diversity inclusion goal number three housing access for all goal number seven integrated and natural built um natural and built environments it'll increase the quality and quantity of open space and design standards um it will ensure that common open space is accessible and usable um requirements that Lots uh face public streets or open space for better access and relationship with Frontage and adds a perimeter landscape yard to include a better transition between the development and existing neighborhoods and that concludes my presentation so thank you okay thank you Allison um so we're going to go into um our uh public speaking aspect of this and because this is a text that Amendment we won't have a rebuttal so we'll have um the individual speaking for we'll have 10 minutes and then the individual speaking against we'll have 10 minutes in aggregate Al together to get their um messages out so if I could have uh Laura delure can you come down and as as she's coming down to one Podium can I also have um those signed up to be a post so I have Joe Padilla Charlotte Lodge Ganan Frasier Scott Frasier David midson Michael caprioli Carla Brazil uh Joseph molus sha Rudder and Rob nanfelt if you can assemble on the opposite side yeah Charlotte Lodge and Charlotte Lodge is is there as well God okay documents all right mind them they had 10 minutes to share amongst that large group we've called them today and told them that so we could yes no surprises so miss Bel if you'd like to begin you have 10 minutes thank you good evening mayor lyes members of the council and City staff I'm Laura Belcher I'm the president CEO of Habitat for Humanity of Charlotte region I'm also a member of active member of the neighbors for more neighbors a coalition that supported the initial passage of the 40 comprehensive plan and the Udo and I appreciate the opportunity to be with you tonight I'm here to speak regarding the text Amendment 202443 changes to the conservation development standard we support prioritizing the original intent of the development standard to protect the environment with enhanced tree save and green space habitat has utilized the conservation development standards and the preo cluster development Provisions that carry the same intent on two recent projects applying the standards enabled us to decrease inre slot sizes and increase unit count which is consistent and supports the council's goals to create more affordable housing within our city the proposed changes to development standard in isolation will interfere with our ability to support goals and increase units but fortunately the new tools and the proposed compact development that is expected to come forward new affordable divisions to go up to N1 zoning districts maintaining the foot lot benefit achieved through the original conservation development standard the compact development offers a solution to maximize opportunities for affordable home ownership these two changes made together in tandem will prioritize high quality design while not creating barriers to the city's affordable housing priorities we're currently working on a new home development that will yield 28 affordable homes without the compact development changes it is likely that that neighborhood would lose 10 to 12 units so I'd like to encourage Council and staff to work together to prioritize and expedite the compact development changes in addition to uh those that are proposed tonight without that your goals to increase affordable housing is at risk throughout the conversations regarding the changes to the Udo we are grateful for the time that Alison Craig and her team have spent with us talking to us about what is happening on the um on our developments reviewing site plans considering intended and unintended consequences and we appreciate that time and partnership we look for and maintaining the original intent of the Udo to allow light density across our city which is so vitally important we have concerns that future changes May create barriers to development affordable home ownership but adding to the and adding to some of the shortage of our housing but we have committed to working through those together we appreciate the city's focus on promoting affordable housing and know that it is not your intent to create be barriers we look forward to continued conversations than thank you thank you okay um those who are speaking against you have 10 minutes and uh you have to coordinate um because it'll go pretty quickly once you start to speak before you speak please state your name for the record my name is jeie Fraser and I am on the land use committee for the steel clarification um Jonathan gross is speaking in favor so where's Mr G is he gross is here you want Mr gross before the opposition starts got you okay if you can hang on one second seven minutes left seven minutes left for him Mr girls okay you have a hand out as well you said you got a few thank you thank you Mr gross you have 7 minutes and 15 seconds thank you Council for taking the time today to listen to our uh positions on the conservation uh residential development I'm actually in agreement with the changes that you're putting forward um I particularly commend the addition of the purpose and intent to the standards along with the addition of more green space and tree save along with a common area for these developments appreciating that the Edo Udo is a living document I'd like to offer some additional considerations specific to the etj where many of us here today live in it seems that the text amendments are will be very helpful but they don't seem to go far enough as it relates to thej because the etj is still exposed to potential exploitation by developers because this high density requirement or allowance um within the outer southwest etj region was originally rural and semi- rural and it in the not dist past and as a result there are large tracks of land that are available and easily obtained in the etj as opposed to in the city limits so larger acreage plots owned by individuals or smaller groups of owners and that specifically allows it easier for developers to negotiate with and potentially acquire these properties more so than they would within the city limits itself and that's one of the unintended consequences of the Udo specifically the etj how do we know that there will be a bigger that there is a bigger issue in the etj uh the slides that I've handed out show a map uh about where there are three developments along Young Blood Road in the Palisades area of the etj so if you take a look at it when the handouts go through it's maybe less than a half a mile between three developments that would be proposed 406 units in total 156 unit development 147 unit development and 203 unit development all using this crd uh position to create higher density within otherwise a very uh secluded neighborhood area some points about the drawings that uh I put out there um all these three drawings and sketch plans use the use the conservation residential development as the position to create higher density but unfortunately none of them have actually created more green space and more common areas they're really just creating more units within that same footprint um these were designs that were not intend was trying to create and actually one of them the third drawing that's come up on a few different various or a few different occasions is specifically identify as insensitive and that gets to the the root of what our concern is that developers are generally going to be looking at this as providing larger tracks of land and just for putting more units in place and without consideration for what existing homeowners uh and their surrounding properties and how it would impact them each plan appeared to be developments that would you would find closer to a city center but in this case they're in a more isolated far out area of the etj about as far as you can get from the city of Charlotte and still be within the the boundaries the revised policy map that came out you'll note that there's a put it out on the city website the section here is where these three developments are located and it's very far from any community centers any marketplaces or any transportation corridors but still it falls within the the guidelines of the n1a uh zoning so what are some possible solutions for this uh like to encourage Council to think about exempting the etj from the Udo um or at least in the interim put a moratorium on the higher density developments related to um related to the crd uh developments particularly thank you thank you thank you okay we have and and there's a list in a method to how you all signed up so we have quite a few who are who are speaking against it but if you're present you need to speak in the order in which you appear on the handout when I believe all of you have have this hand out so um Miss Fraser would you like to begin yes hi my name is jeie Fraser and I'm on the um land use committee for Steel Creek residents Association and um you all have a packet I'm not going to go through this with you now it's too long but um I actually live in the etj um some of us feel like it is the we are the stepchild uh none of us were able to vote for any of you um we don't have a vote hopefully we have a voice we do have a district rep haven't met you I look forward to it we love Victoria Miss watlington thank you so much for all you've done for us um I want to talk just very briefly about unintended consequences first of all um where we live we had the whole design was 1015 minutes I mean we were to be able to get anywhere and everywhere in 10 15 minutes but it wasn't upell so somebody whoever had Authority didn't require the developers to do to develop the master plan Community as they had agreed to do it and we've been pted back and forth between County Commissioners and the city and ncdot and nobody really wants us and we know it we feel it we feel it very well but I want you guys to consider this when you're considering unintended consequences in 2009 15 years ago in Riverpoint neighborhood they said over and over and over again somebody is going to die before you put that traffic signal up and it took three people dying before the traffic signal was put up and I don't know you're not to blame but we have to make sure this doesn't happen again we have parents that have called and called and called and called and said we don't have any street lights on young blood and you have TR buses that are stopping and picking up because the lights aren't up and when you guys talk about public transportation and being on a road that's publicly maintained ours aren't and we don't have street lights and we don't have sidewalks it's not included in our taxes we don't have trash pickup we don't we don't get to vote I want you to come out and visit us in the etj and see what we are living with and what we are battling with all of the time because nobody wants us and we're not repres presented I thank you very much for your time thank you we have 7 and A2 minutes left M Mr Frasier Scott Frasier yes all right I also I am speaking on behalf of uh Kevin Martin and you should have also got a hand out of this again the traffic stuff so good evening and thank you for supporting at least pausing the Udo due to unintended consequences I am a homeowner in the palace AES and when I bought a house in 2017 we were sold on the neighborhood being a single family house subdivision with the diverse population but with the newly enacted Udo we are now learning zoning can be changed on a whim or without local homeowner notification or input this change in zoning will negatively impact our home's value and quality of life also living in the EtG we have uphill battle with little or no recourse to have our voices heard as we lack one of the most cherished American rights our right to vote for or against any member of the board since a few thousand homes in the Palisades do not have a vote nobody has the answer to or be held accountable for decisions made that directly impact us we sincerely appreciate and do uh your willingness to listen to our concerns so I am not going to harp on the issues of the grand Palisades Parkway being a private road or you are well aware of those concerns instead I'm going to bring up the different issues that have not seen or heard discussed yet nor has it been imperative to the safety of our community and that fire and EMS protection before moving to Charlotte I spent 25 years as a as NSC certified apparatus chauffeur which means I have significant experience driving all types of fire apparatus including rescue trucks Pumpers and ladder trucks as I expect you know the young blood is a single lane road with most of its narrow with no shoulder in many places there are ditches immediately adjacent to the narrow Lanes currently under construction is a firehouse at Young Blood and key and I cannot see a situation where a fire truck could get through most sections of the Young Blood of the excuse me of the young blood during rush hour now let alone when an additional 400 units are added to the neighborhood there is a standstill traffic in whatever Direction the commute is going including steady traffic against the direction of the commute with literally no place to pull over or clear path excuse me for emergency response Vehicles this is very concerning you add this to the additional response time the communication issues that responding EMS Services encounter in the Palisades as documented in a WBTV story highlighting delays in response and police Communications issued life and death in the county five minutes left okay one paragraph U this is a hearing about the text amendment I have a concern that we are off topic here it's an important subject the etj I've heard about it from County Commissioners I understand your concerns but we are here tonight having a hearing about a text amendment I can't even tell whether you're for it or against it all I hear is a list of valid concerns on a different subject and I would ask the speakers tonight in opposition to please stay on topic and make clear to us where you stand on the text Amendment that's under discussion and we will take up the subject as we must of the etj uh on an appropriate time but but you're just uh this is not uh the occasion we're not talking about that right now well I I hang on hang on we're not just have a point of order hang on hang on one second just as the FYI we're not going to go back and forth within the um audience Mr Driggs does make a a great point in which you're signed up to speak to a specific petition and the elements of that petition so if whether you're speaking for or against against it you need to address the elements of the particular petition Mr barari you had a point I agree with that but since we're here tactically my guess is there's this broader thing that is obviously important and needs to be discussed but then there's the specifics that brought them out on this Conservation District as I'm listening I'm almost thinking that they are in favor because this is a negative uh approach to basically abolish something that they're actually speaking on the other side in favor of removing that piece I'm not positive so I know there are people that are going to be speaking against that very specifically so maybe we just figure out the time of the approval versus um the denial and that's the point I can't tell which side they're and to be clear you're signed up to speak against so everyone that's remaining they're signed up to speak against it if you're me meaning to speak in a different position then that's something else that may have been a misunderstanding unfortunately that's fine okay well anyway thank you for your time and consideration yeah okay so um hang on um is Mr David melon here yes okay he's next to speak my comments okay okay all right Mr Mr uh Michael caprioli oh thank you for hearing you have five minutes thank you ma'am I'll try to speak real fast I'm Michael caoi I'm uh director for the pales Master Association joining me here tonight also is Gary Hamilton up there and uh my wife most of the comments I was going to make we sent you in a letter today along with three attachments for your staff to review I oppose the Udo in the etj for environmental concerns seems that the Udo seems to fly in speak opposition to the resolution the Council made and sir sir I'm sorry sir you're off topic hang on hang on are are we you need to speak to the tenants of this particular petition so if you're speaking in a broader context that's not what the intent of this this particular hearing is for so we're speaking to uh petition 202443 and you signed up an opposition of it so if you can speak in opposition if you have any comments that's great but otherwise you have to stick to the elements of the petition that is an opposition to the Udo correct no this is a Amendment the opposite actually uh here's a point of order or just process perhaps what we can do to solve okay well let me just make one comment then if you want an example for positive Community Development plan look no farther than the Palisades water quality management plan the Palisades water quality management plan was developed by this Council and the count and uh the county attorney's office 20 plus years of testing water quality in the Palisades it's all passed the only failure that you have had in the area for that Udo was a high density uh development like the three that are planned here along Young Blood the reason why it failed is that development did not follow the community development plan that we had it caused an elg bloom in the boy Cove and that polluted your water supply we have three and a half minutes left wait she's got the floor hang on I we emailed you everything so if you need it thank you sir thank you Miss Miss Carla brazel I apologize uh my position is like I I agree with the the resoning and here's why here is down we can't I can't actually hear you if you could I'm sorry I'm just like showing for you like where you see the developments happening down on HJ and the consequences of when all the trees are taken down so I sent you by email I got no response and now I'm here to show to you this is what's going in the Lake Wally water because like the Developers allowed to just demolish all the trees and they can plant a little thing later on so thank you appreciate all you do for us thank you Mr Joseph molus there's uh 2 minutes and 40 seconds oh holy first of all there's been a a a lot of comments about several different petitions about change to neighborhoods and stuff and so these type of proposals that I'm speaking out against do like where I live in D I had Graham Street Extension and University City Boulevard extension just plop right on top of my life right and I've had to live with those changes and I still can't get a bus trip two miles away to University City station so we're all dealing with it that said I'm I have some particular reason I'm not necessarily against this conservation proposal what I'm against is the process I feel like there are three different ideas that are being converged together that are very important complexities that need to be considered as one idea to make sure that you are reaching all the goals of equity of conservation because the because you are having to make difficult choices I don't want your job I appreciate the fact that you're up there doing this work but the fact that you're considering things like density so there can be aord ability and then conservation and there's just so many different factors I have no idea what's going to be at the end of this when the third part is completed because there's three layers it should all be one policy thank you Mr Rudder there's a minute and a half left Sean Rudder here okay and then Rob nfield is after and I I'll apologize ahead of time I think most of the folks that came out from the Steel Creek area thought it was more about the Udo and trying to say hey let's pause it right so that's that's to your point why things are a little bit off topic right I think we all support what Allison is suggesting I think it makes sense to step back a little bit and address some of the challenges the unintended consequences that we're facing um I I think the big thing is from our honored body tonight is let's not make the same mistake that the legislature did which is what put us in the position we are in in the etj they made a decision to change the HOA rules and now we're we're screwed we're we're abandoned by the state we're abandoned by the county we're abandoned by the city in that you get to make decisions but we can't vote right we we were counting on you annexing us that's not going to happen it's not your fault it was state legislator that the state legislature that made that decision I'm counting on of you to recognize we've got a problem with the Udo let's support what Allison is suggesting because it makes sense there are some areas that still need to be addressed that's all I'm asking okay thank you for your please in favor thank you we we did have three other speakers uh Rob nfield um Joe Padilla and Charlotte Lodge who were unable to speak due to the timing so if you have any comments and writing Mr nanel and others what a clarification hold on of something hang on cluster now we have tar Mr barari you wanted to speak and be recognized yes um how appropriate is it for me to ask a follow on question I can yes okay I'm G to I'm G to make my comments and then I might ask for a question from someone uh in that signed up to speak uh I think it's just it's a little unfortunate because these are very complicated topics that are all over the place right now if you came here thinking about the overall Udo and some of the things we're battling with uh or um the triplex aspect of this that we discussed the other day or a new Wegman's in town all of these things ultimately are not part of this very specific text Amendment and in the conversation we're going to have here so I think that's number one I would just mention for those of you who showed up I I know a bit about this topic I think you have gotten everyone's attention and Sean perhaps with staff we can make a takeaway to review everything they've sent and separately have those conversations um so we didn't hear a point from the opposition which hopefully I'll have a a tea up here on this um this Conservation District um but when we started all of this the just so everyone understands publicly the philosophy and intent where it was was essentially high quality Open Spaces conserving environmental features the things we wanted um for more density for more units things we desperately need as a community but we also know is a bit of a bargaining chip for those who need to and want to build other things if we give you more space to go up and build and a condensed space over here in in this plot of land will you conserve these very unique features tree canopy these things that we want them to ultimately do so um I think where we are with this unfortunately is a lot of confusion as to what's happening here and then beyond that um are we going to make some tweaks to this which I think is the answer I do not support this in its current form because I think we need to re-evaluate why we're doing it and what actually needs to change tweaks in my opinion are things like um these alleys versus public streets or the slivers of open space um Counting or retaining walls counting for what was in spirit meant to be a centralized consolid and I think we can make changes ultimately that um tweak it but rather than scrapping it or making it unusable in the amount of space that's being required or allowed uh I think that's I think that goes against our ultimate goal which was more units again and and that's why I believe the intention of this isn't just high quality Open Spaces why we can look at this as a at a silo and then look at something else it's also holistically about getting more density that we need for people moving to this community so I'm a big fan of what Allison mentioned the new Tool uh for um subdivisions and working on that but I think my ultimate position here is going to be I don't I want to keep the pressure on of this existing and once everyone negotiates and figures out these new tools or these tweaks um then we make that transition we don't shut something off that is indeed creating more of what we had asked for but maybe not as well as it could I think we need to get towards that I think we can get to it pretty quickly but ultimately um this is a one of the few elegant positions that we had to get there uh and we need to do better with that by making sure that we balance both sides of the original tent uh can I ask a question of Mr manfeld perhaps thank you can't just ask if I think that um I well I think I want to make sure that we're staying and above or consistent with our law so to we had an actual discussion today this morning about how people had signed up and we work with the attorney's office to get a determination and the determination was even though you may be thinking about the Udo as a um change for the orphan roads and the opportunities that they have in the districts that don't have um taxing and voting that once they said that they had signed up to address this issue we had to be consistent with it so and my only consistency that's not what I'm saying well I know I'm not I'm not I just want to make sure because I heard a lot of people in the council say and I want you to understand this was a conversation that we had and that we had to stand by because even though we talked to everyone in the areas we said to you them it has to be about this text Amendment but that was not the way it chose so I want to make sure and I want to apologize to those of you that have done come down to say well we want to address this issue when basically we're having to do this because of our um participation to allow that so we want to accept your documents that we have now this is where I am concerned and I'm going to ask Miss gray about this um while these folks did not get a chance we have a 10-minute limit so the question is can is it is it feasible um to ask someone that was signed up that didn't make the 10 minutes because of the circumstance if that is acceptable and I'm going to turn that over to our attorney because I am not a lawyer and I don't plate one on TV or in this dis all right Miss gray thank you mayor uh typically that would not be acceptable uh you would ask what you typically do is ask that person to provide you with their comments um and if you have a specific question about the text Amendment you may ask it at the staff if you need clarification um because you're that that you're not responding to you can't you're not asking a question responding to something someone has already said right and so what I would like to suggest is that we actually have Allison come up um and talk about what the staff next steps are and how we can have folks that did not have the opportunity to speak today participate with this but I want to recognize Mr barari again I I understand your your premise and I'm not arguing that people didn't sign up whether they knew or not what my issue is is so therefore 20 minutes got used up by the four and this being the only public setting that we will likely have the people actually opposed will that that came for that specific topic and had things to relay things being emailed to us for the record that that's a different protocol thing than maybe being in or out of the right scope of what you were saying completely agree with you so we're still trying to figure this out um so I've asked Allison to talk about what the possibilities are to continue this in um in exchange on the areas that we are focused on so I think I mean moving forward um we're very focused on this compact development option that I think speaks to um some of the concerns from the development Community wanting have an ability for housing Supply um there's also um we've had a lot of conversations with some of our affordable housing Developers and we've got some pretty quick wins that we can do to ensure that they're able to um move their projects forward and actually make it even easier than I think it is today um to develop those um the conservation standards have something we've been we've come before committee um a couple times we've come before Council talking about this a couple times and we feel as though there are a number of units that are being proposed right now and these are by right developments these are not coming before Council for um a decision or a vote um that we believe that the conservation standards as propos creates better byright development options than what's currently in the Udo today um but we've remained committed um to the philosophy of and the the goals and the aspirations in the comprehensive plan that we need housing Supply and we need affordable housing and I think we can move quickly to address those through these other Provisions within one to two months thank you Alison hang on so Mr Driggs you're next thank you uh I'm going to go off topic and tell the people from the etj we know about you okay it's just this is not the time um on on the current subject uh for one uh M Craig I really appreciate you uh and you and I have talked I know the uh pressure cooker in which you operate what I see here is a loophole namely that the conservation option uh wasn't quite clear enough to require the kind of development that we intended from it and in my mind people have taken advantage of that the reason we need a text amendment is because the letter of the laws it's currently written allows these plans that they're doing uh frankly I don't appreciate the fact that they have taken advantage of the opportunity to do something is so obviously not consistent with the intention of the conservation option and therefore uh I'm sympathetic to the idea of the text Amendment now on the other hand what I have also heard from Mr nanfelt and since he didn't speak that I will uh paraphrase a little bit of what I heard but um 90% of petitions are being submitted availing themselves of this option because according to the industry representative the alternative doesn't work so they are trying to deliver what the market wants and the only way they're able to do so right now is using this provision uh so I kind of get that too that's something we certainly need to talk about but I don't think two wrongs make a right I I think we need to stop coming in through the back door and figure out how to come in through the front door and toward that end though if all of the petition the plants they're not petitions if all the pl submissions 90% of them are coming in uh using this what was meant to be an exception we need to close that door but while we do it we need to recognize that's where most of the activity was so we need to open another door and uh my understanding from talking to miss Craig is conversations about that other door are underway so what I would say is I don't support the text amendment in its current form because I think it amounts to slamming a door through which most of the traffic has been passing it's not a minor thing and that's why I would like to either kind of soften the text Amendment changes in order to achieve a little bit more gradual transition and work fast to get that other door open so that we can do this in an orderly fashion uh I think that a lot of work was done on proposals on plan development that are in different stages and I've had a couple of conversations with developers who are working on things had spent money on them and they're now finding that even if their Reliance on the letter of our our Udo was inappropriate nonetheless it was justified based on how it's written so again I would advocate for uh kind of softening whether it's delaying or changing the language but softening the impact of closing the door we're closing and making sure we have an orderly transition to another door the front door that we are opening and I'll just put it to you like that I'm not sure what that is I'm happy to follow up with you but uh as it stands right now the schedule and the severity of these changes strike me as too extreme and I think we talked about that thank you thank you Mr Graham thank you madam mayor protan so so so this is complicated right and I think we see the complexity of of what we're dealing with tonight because there's a wide variety of issues relating to uh the topic for tonight which is uh the text Amendment uh the Udo in general and we even had started talking about triplexes and duplexes on Corner Lodge right all dealing with the same element so I first want to start by uh thanking you um Allison for um the job that you're doing in a very uh interesting environment and the in the um in the space of our city right that we're growing and what we're experiencing and feeling tonight and for the next couple of years will be growing pain as we we go from a document that we were used to uh and accustomed to uh that we used for 30 years uh to something completely different right and so we're feeling the pain of of that difference right um I love being a council member uh the part that I hate the most is planning because it's so technical right and I I think council member ashme is correct in terms of me relying on the Planning Commission and reading their their feedback on all these zoning uh issues um and I think have having a split decision is good perspective from different lenss and providing different input ultimately the decision is ours as the council to make um I think I voted for for the majority of the text am if not all that has come before the dies thus far because I do believe uh the the Udo as I voted forward uh is a living document and certainly the Amendments uh is what we said we would do fix things as we saw them being broken or needed to be um reted uh this is different for me and I'm struggling with it and I did meet with um with Rod last week um and so he's not as as a speaker tonight but uh as a um a member of the development Community uh as well as uh our nonprofit Partners um habitat in particular uh in terms of the affordability of what they're doing in terms of um the Udo and the text Amendment itself uh and and others um because part of what I know and understand is that this is a series of compromises that were made along the way uh and this is uh cutting into U bone from my perspective now I don't want to speak for Rob but I went back and and pulled my notes from that meeting um that was held last week and I think with their if he were to speak that they were that they need time and collaboration right that they clearly understand um uh and I said to to this to you earlier every meeting that I had over the last two and a half weeks relating to this topic you were there before I got there and so all the stakeholders uh the developers the nonprofit Partners um residents that are impacted by uh what we're about to do uh you a great job in terms of outreaching and bringing folks in and making sure they understand the process so I thank you for that but I think what what R would say is that you know they need more time uh they want to be a part of the the decision-making process uh they want to be a part of helping you and this Council kind of shape uh the text Amendment uh in a ways that it benefits everyone right they want to get it right just as much as we do uh but they don't they need time time uh and they want to make sure that everyone is at the table making this decision especially the uh the designers uh the builders uh those who are also building affordable housing that may be impacted uh developers uh neighborhood associations I mean they want to make sure that the same group of people who uh spent almost a year and a half working with staff to develop the current plan are also at the table as to making any significant changes along the way uh and I don't want to make any announcement I'll let you do that but I think there is a a plan in place uh to ensure that happens uh and that it happens in a timely fashion and so my only my plea to you tonight is uh you know I'm not sure if we want to um I'm throwing something out there Madam mayor we don't want to leave the public hearing open so those who have an opportunity to that didn't speak can speak later that's a thought um that that that has that has been met with silence right I I just want to make sure and I think council member barari is correct that we want to make sure that even for the public record uh that these guys not withstanding submitting an email a letter that was met with silence I I'll I'll pivot from that point uh and just suggest that um you continue to make the efforts necessary uh to ensure that um that um timeliness and collaboration is at the heart of what we're doing um and that there's some flexibility uh in terms of the text Amendment itself uh and you know again again I'm not a planning expert but you know we got three different two different votes are coming up within the next 60 days all that from my perspective are in the same zip code and maybe one vote instead of two separate votes because they both touch each other and one impacts the other um from this Layman's guys again I'm still trying to figure it out and I continue to tell Allison and staff all the time um to talk to me like I'm a third grader because it is complex and it's technical uh and there's a lot of moving parts and if we do something over here it impacts something over here from my perspective and so those are just thoughts for consideration I know there's a a timeline for decisions to be made I'm not sure that's hard and fast I'll rely on your expertise uh and the the mayor in terms of the management of the schedule um but certainly I think it's uh it's really really important that all voices have heard and I'm just a little bit um concerned that um we left out a key partner tonight um that probably need to be heard um and so hopefully I did a good job of representing some of the things I heard last week um um but collaboration cooperation the Timeless of these decisions are are a concern of mine as well if I can respond to that really quickly um a couple different things um you know the Udo has base development standards in there for um for New Lots that you know really reflect reflect what is in the existing community and then we have development options for new subdivisions and there's different reasons why you might want to reduce lot sizes for new subdivisions one of them is to preserve natural features and the other is to promote housing Supply and affordability and so the the door of the conservation um path has been one that we've talked to the development Community about and in those conversations I think it became very clear that they need a path towards housing Supply and so my concern about um about taking additional time with the conservation path is that again we will and and if this is the council's um wish that you this is why you have your hard jobs over there I think your jobs are harder than mine sometimes um but that means that until something is changed in the Udo there will continue to be projects that come through by right that council is not reviewing and so there's uh you know attention there a little bit about if we do you know marry these two together which I I I see the benefit of that the downside is that you'll continue to have development that may not be what we you know aspired to have so that's just the one well and you're the expert and and I I there's a certain level of difference that I give because I'm not a plan expert um in the middle of the road you're the guard rails um sometimes I may take a hard right and leave the road but nine times out of 10 when it comes to these very technical issues you know certainly I Rely Upon uh experience and that's why you're here and while your staff is doing the work while we have the Udo advisory committee working with you um I make sure that everyone stays within the framework of what we're trying to do and again this is um this is change this is what change looks like right and uh and either you embrace it as I do or you or you run away from it and I think as a community we really need to embrace it and find a way to to fight through it thank you madam mayor thank you Miss Molina thank you U Madame mayor protim first um before I say anything I want to acknowledge um the community members that came from the extr territorial jurisdiction the etj um and acknowledge that we did hear you I feel like um that there was some very pointed expressed concerns um although I'm I'm I'm extremely challenged by the fact that the majority of what we heard was all in favor of the text Amendment and we did not hear much that was in opposition and I'm a big believer in making sure that we kind of balanced that out and and I don't think we did a good job today of making sure that we had a balanced perspective um at you know in in speaking terms um Allison we've spoken and um I first of all for the record I actually serve as the vice chair of transportation and planning with council member dggs and so um to make sure that I understood the perspectives I also joined um council member um that's standing right there uh to council member graah uh when we went to so what I what the point of that meeting was it wasn't to make an answer one way of the other it really was to just get a balanced perspective of what one Community thinks and what the position of the staff is um and the way that I see it uh first of all thank you Allison I know you've worked really hard on this the examples that you gave are absolutely valid so for the record we got about a th units that are going to come through by right right now if we do nothing and I think with giving more time we have to decide whether we accept that and that's uh affecting every single district from two even five uh where 200 plus units by right uh with some of the examples that um Miss Craig mentioned will come through by right they've already been submitted uh without any type of action and so my question to miss Craig is the balance is hearing from the development Community specifically and you and I have talked there is a rebuttal in the pipeline right so the question is in trying to gain you know and marry the two perspectives so to speak right provide the tools for the development community that is absolutely going to provide those necessary resources for our community members for affordability and protect the integrity and the space of our beloved City the two can happen the two already are happening we have Miss Craig and her team that are working on that and the question is how do we make sure or at least attempt to try to ensure that we do one and the other how much time will you need Miss Craig so I mean I think to work through a compact development form um probably a month or two um the provisions that I've been talking to Habitat and staff about with affordability um are super easy and could probably be tacked on to the conservation pretty easily um because it's literally changing like three letters in the Udo um so that one's a lot easier um but compact I would say a couple months but then you also have to I mean let's say we could figure out and work with the development industry and design community on what those standards are they're still a process of course through infos session I mean that's probably another two months there so like by the time you get a vote maybe three months um so it's not a long time but it's you know it's three additional months and based on your professional opinion do you think that we're going to continue to see a flush of these types of developments in the interim like what what would be I guess what what would be the outcome just to guesstimate what do you think would what do you think so we have right now about 3,000 units in sketch plan review which means that they are um there are preliminary sketches that have been shown to staff for staff comments they're not an official submitt um they're not an official submitt until they provide construction plans and a check but they have at least drafted something up on paper um to show to staff so there's probably about 3,000 and that's what makes this type of decision pretty tough yes yes ma'am it's a it's a very tough decision in that 3,000 potential units might come through with with some of what we saw um and and that is concerning right um and I I would be remiss to say that I didn't um acknowledge that right um at the same time I and I think that's why it needs to be more pensive I this is a tough one um and and I iterate that um but then how do we solve to the fact that you have something that you're working on that is going to solve to the next question and some of the more tougher conversations that we have to have inevitably as well so I think I'm going to like you know uh bring more water to the meetings um um but you know I appreciate the work that you're doing I my opinion is and I'm not saying that the 3,000 units that would come through would not be important I want you to know that um like I said your work is very important your perspective is absolutely essential to what we do but I think somehow we have to marry the two options and get them as close as possible to where we are solving to you know affordability and what the 20 240 plan was originally designed to do and preserving the character and integrity of what we initially planned as well so um I'm I'm stumped I mean I I can't tell you yes or no but I do see the two perspectives so I'm glad this is a hearing and that we're not ready to vote but I think some offline conversations must happen and I think as a council we got to make a decision on what we're prepared to do to move forward so that's all I have thank you thank you Miss azir thank so everything I wanted to say almost 90% of it's been said um for those of you who didn't get to speak that were in opposition uh because of confusion with the etj I think many residents who are here from the etj area brought a very valid concerns um there will be a time and opportunity for that um and uh but those who came came out here to speak specifically on the text Amendment we haven't had an opportunity to hear from you I know you have met with some council members not all I encourage you to speak at our public forum next Monday that is not specific to any agenda item you can speak about any issue uh we often get audience that speaks about world issues and peace and War so I I think uh that is an opportunity for you to really get everyone's attention um and I I would like to hear the opposition I um Miss Craig knows that how much I'm passionate about open space and green space even at the early when we when I go back about a year ago we had discussed open space and green space and how I was advocating for having more options um but I would like to hear from those uh that are that are opposed to some of this text amendments uh I think there needs to be a sense of urgency based on the data that Miss Craig has presented I don't think we need to have another public hearing because we are talking about 3,000 plus units and many many lives that will be impacted uh for generations to come so certainly I'm in favor of the timeline that's been proposed by the staff um while working with those in in the development industry to hear their opposition so uh Rob I believe Rob Joe Padia and Charlotte L were speaking in opposition that did not get an opportunity to speak if you could just send us an email with your opposition and also speak my next Monday so I so I know I understand I actually have a meeting schedule with Allison next Monday for about almost two hours uh because we are going to go example by example so I would love to have your opposition prior to that so that so that we can discuss that that's all I have thank you thank you Miss watlington um okay so a couple of things first first thing that I would like to speak on and I'm sorry these kinds of things really irk my soul when it feels like the obvious right thing we can just do it right and if it requires us to just suspend our rules to allow them to go ahead and speak tonight let's just do it yeah um um so I would offer that that we that we suspend the rules to allow those that were signed up to speak to go ahead and speak they came tonight we have a timeline we know that that timeline has um an impact to it so we can solve this problem second well let's well first I understand what you're saying and I think that that is a fair fair choice I I do think that we um Can suspend our rules I want to make sure that the attorney and I know that you go I've been seeing it back and forth but M gray I think that this is I like to know whether or not we've done this before and whether or not um in this situation that we have the ability to do this and the council approves it so we would have to suspend our rules and approve but the question that I would have is um this would be only for those that had currently or were signed up for three I think there were three people to speak now at the end of the day these are three representatives of one perspective and so one of the questions that I have is with if we do the three days of those with one perspective and some another group that's recognized here decided what would be that step Miss gray so yes you do have the there are your rules and you do have the authority to suspend your rules and that would require a 2/3 vote um of the council to pass that to allow I think you would be very specific about allowing the three members uh the three speakers I'm sorry that um weren't able to speak because of the confusion um to be allowed um to speak I'm not familiar that we that you've done it before but again they are your rules and so you can bury them the way you'd like so would it be 3 minutes that would be it would make a decision up to the you to make a decision about how much time you take I actually do think that that's not a bad that isn't that is a good idea of how we can go and move forward I really like it because if we are really going to have this re this shet on Friday we all ought to come and be prepared or watch it as we are prepared to do so so um I am do we have a motion and would that motion include the number of minut I already second it s l i offer please yes ma'am some just just give me a minute yeah we would need to um actually have the attorney tell read this allowance for us to suspend the rules you if we would have someone submit the amount of minutes that each person would have so we're treating people fairly um and then we could have a 2third vote if if approve then we could continue so with that M gray oh I'm sorry I'm sorry I need the Motion state I want you to State the motion that we would have to suspend the rule okay I want someone to help me with the council to say that we would suspend the rules and the time frame for each speaker okay so what I would do is I would just amend my motion that's on the floor um and I would ask the clerk do you know the number of minutes that were spent speaking about the etj because if so that would be the the minutes that I would put I would want to put back on the clock I have cleared the clock I'm sorry okay no worries so then we'll take the three minutes that's generally our rule three three minutes so all right we have a motion do we have a second Miss Johnson second any further discussion on it all right on a motion to suspend the rules to allow three people in the industry development industry to speak for three minutes to on the subject matter of the text Amendment all in favor anyone opposed all right so let's go go with this one so Mr nanel you will have 3 minutes and uh M Mr P Mr pad and then Mr Padilla is next you will have three minutes as well if you could come here I want to be I'm sorry ma'am you're here representing the um ET J correct got it yes um so this this motion that we've just made is not to include the U the exj remarks I think you can do you had you had a full 10 minutes and so um if you could just give the clerk or our officer the materials that you have and then we have three people to speak specifically on the text Amendment very is it in opposition I think that you she's on she's speaking on text Amendment she signed up I I understand but so did everyone that we talked about that did the text am minute for she's speaking I believe she has on the signage for the etj advocacy for that well she was one of the three speakers that we approved but okay so so Madam clerk can you I have your list here but can you just confirm the three speakers who were signed up to speak against who did not have opportunity to speak Rob nanfelt yes Joe pilia yes and Charlotte Lodge those were the three that were not so ma'am are you representing Charlotte Lodge yeah so there okay okay all right and and that those were the three speakers I had mentioned Mr nanel you have three minutes thank you um actually this kind of helped cuz I got my steps in today uh so I appreciate that um but I do appreciate the opportunity to acknowledge the group um I I don't know that I'll take three minutes I just want to say first of all I'm I appreciate the fact that you also understand this distinction between this being the duplex Triplex issue on infill versus new subdivisions I think Mr margolus touched on that issue but there really are three things at hand right now there's that issue on infill there's this conservation subdivision issue that is at present tonight and then there's um Allison the planning director's efforts on the compact um subdivisions going forward so I guess our our suggestion to you is because there are three outstanding issues that really do interact let's look at those three together and whatever it takes to to to look at that at the sort of the broader scale because they all interact and they all relate to how much housing Supply is going to be available going forward in the future especially a lot of the supply that's in the attainable range which is Workforce housing which the market desperately needs right right now I think moving too fast with this this conservation subdivision Amendment um without having an open door as councilman Driggs mentioned uh available immediately um is going to cause a problem for the market uh in addition to that you've got a number of folks that have invested a lot of dollars and time and effort to get to this point they may have not submitted a plan yet but they spent a lot of money to get there and if they don't get in the door by potentially May 20th um they're they're out of they're out of those efforts so uh I would encourage you to take your time look at uh uh look at all three at the same time and see how they interact and how they uh result in in housing Supply and affecting the ultimate housing Supply uh going forward um uh that's that's the main comment I'd like to make um again I appreciate the chance to to address you we will um councilman and J we will address all all of you uh individually and provide additional information um going forward um but thank you for your time appreciate it you do have a minute left Mr Nan sh they want to use they each have yeah they each have three minutes that's you know you several of you spoke so eloquently um with with points that I was going to make already that I don't want to belabor the point so thank you so much bless you excellent all right Mr Mr Padilla you beat that you have three minutes thank you I'm Madam mayor members of council appreciate it Joe Pia with Smith Douglas homes I'm not going to be her either I know it's it's been a long discussion and we we all want to move on but I I did want to point out uh one uh item that uh Miss Craig had put on the slide which I think was very valuable uh there was a there was a uh uh contrast between uh what the Udo under uh the current cont The Proposal would yield and there was a net loss of about 50 lots and what I want to just bring your attention to is that's not just a loss of 50 lots that is a those those homes would be significantly more expensive because of that net loss in yield and what we're dealing with here in Charlotte as we are in every Market where we build uh is a housing affordability crisis that is getting worse by the day and it's driven by land prices which are exponentially going up it's driven by development cost construction costs there is nothing working in our favor other than zoning and density opportunities which this Udo does provide in many in many ways and I would just ask that again as we continue to evaluate and look at this uh this amendment we we do it in a context that is very uh carefully evaluating what that impact will be on attainability because we see it every day at our company we see the challenge of bringing Workforce housing to Charlotte to Raleigh to Nashville to every city that is having this massive influx of growth and these massive pressures working against us to keep those prices attainable so uh again I I don't want to drag this on any longer I appreciate uh you are giving me the opportunity to come back up here and speak we look forward to working with Miss Craig uh there are a lot of folks here I don't if everyone here from the industry uh just kind of wave a hand real quick oh Lord yeah glad we let him talk and and again there this is a real concern about affordability in the city it is a problem that we try to address with the udio and it's a problem we're going to have to continue coming back to uh for the for the foreseeable future so thank you very much thank you ma'am can you uh state your name and you'll have 3 minutes she still oh good evening I'm Charlotte Lodge and I really appreciate you're giving me the time to read this very short letter that's to the point um the letter is from Javier Lopez and he's the president of the Steel Creek residents Association and the subject on point is SC concern with petition 20 24-4 3 Udo text amendments for conservation residential developments dear council members the Steel Creek residents Association SC is deeply concerned the proposed text amendments would clear the path for Wildcat developers to misuse the Udo and the edj etj already large Parcels are being assembled with the intent of dropping Udo allow densities that will dramatically impact the existing residents specifically without the mitigating infrastructure improvements or other equity and quality of life contributions that a growing Community require buyers s has long has a long history of collaborating with government agencies and developers to gain important etj improvements that are not being timely budgeted planned or delivered by the county or state new traffic circles turn lanes and still Creek Fire Department equipment facilities are just some of the examples of what we have gained for our residents unfortunately the ud O's byright Vision serves to remove Community SC input from the process and streamline development without accountability for the infrastructure to support the 20 240 goals outside the city limits you have one minute left instead of relying solely on text amendments we request consideration of additional etj specific provisions whereby development of two or more Acres be required to follow the standard rezoning process to ensure Community input and no subdividing Parcels to bypass or skirt this requirement SC stands to ready stands ready to continue to support and improve the Udo in achieving the goals of the 2040 plan respectfully submitted Javier Lopez president of Steel Creek residents Association thank you very much I appreciate your coming thank you thank you ma'am um thank you uh I want to thank everyone for coming out especially from the development community and the residents to State your perspectives this as as my colleagues have said this is an important um tenant of the Udo and it's important as it relates to our growth and maintaining the charm in the aesthetic of the city and so it is a balance and we'll continue to work together and I thank you for your partnership um as we try to figure out the best solution for um our beloved City so do I have a motion to close the public hearing second all in favor to close a public hearing raise hand all right that you want to specific just specific to do that we got I apologize but loud no I mean also don't totally understand your position mayor protim I did have my hand up before we closed the public hearing okay go ahead and make your statement I wanted to ask Alison a question it looks like she's gone too take time only for the rest yeah is Miss Craig still here Allison I just say bye Dave may know the answer I can ask I can ask m m Mr P Mr petton uh council member Johnson had a question there she is Miss Craig council member Johnson had a question thank you so miss Craig and you may get this information offline but do we know how many units or the percentage of units since the Udo has been implemented are Workforce or affordable housing sure we can do that okay yeah CU I because we we're hearing the response that you know this text Amendment you know is going to affect the amount of you of affordability and Workforce housing so I'd like to know how many applications we've had since the Udo has been Implement sure I can do that yep thanks thank you you have a question for Alis yeah I never got to actually ask my question but I do um hi I just following up on my previous request in regards to seeing where the um the permit applications were in for so that was that map that I show you send it to me sure sure yeah absolutely yes but yeah that's why um it took us a little bit to compile it but yet that was in the presentation thank you is is this were you asking about the map that has all the I I think that would be good to send to each person on the council and if we can just really clarify maybe I saw it was like a little red dot but it's not very clear to see where those houses are being submitted in the material so that would be helpful okay all right thank you so we're going to move to agenda item number 30 petition number 2022 105 by Moors Chapel retail LLC approximately 3.99 Acres located at the intersection of Ry Road and moral app Road in District 3 Miss Browns District the current zoning is n1a proposed zoning is B1 CD staff recommends the approval of this petition upon resolution of outstanding issues related to Transportation site and building Design After staff's presentation we have Mr Walter Fields who is speaking on the affir affirmative and Kenneth Davies and Sarah mad who would be speaking against you all will have 3 minutes in aggregate thank you all right thank you mayor Pro 2022 105 it's uh just under 4 Acres on Ryan Road and moris Chapel just off high 485 currently zoned n1a uh they are proposing uh B1 CD which is a legacy zoning district and the adopted Place type for this area you can see those areas in pink are recommended for a neighborhood center uh we do have some existing Neighborhood Center Place type recommend ations across the road on Ryme Road and belme which also contains u a service station as well uh this proposal would request for up to 10,000 square ft of uses permitted in the B1 zoning District does commit to screening on the uh proposed drive-through component from adjacent rights of way with plantings or a 4ot screening wall does limit freestanding lighting to 25 ft in height with full C offs uh also U illustrates a 43t Class B buffer along the S side's Eastern property boundary boundary where J to n1a that's shown in green on the plan and also commits to the following Transportation improvements access through a right in only driveway south of BME Drive full movement driveway north of BME drive a 12ft multi-use path along Ryan Road also conversion of the southbound off ramp i485 at Moors Chapel to a free flow right turn lane uh this will be accomplished by extending the right turn lane between the two roundabouts also construction of an eastbound left turn lane on BME drive at ran road with 150 ft of storage and construction of a southbound left turn lane on Ryan Road at the northernmost driveway and then also construction of a southbound right turn lane on Ryan Road at moris Chapel uh those were all an outcome of a traffic study that was conducted for this site uh and identified those as uh mitigation factors uh staff does recommend approval of this petition we do have some outstanding issues related to transportation and site and building design to work through uh it's generally consistent with the policy map recommendation for Neighborhood Center however uh there is some inconsistency for the southern portion of the site uh where the uh excuse me the drive-through use uh is being proposed as a component of the service station uh but staff does feel that generally they they've worked uh to try to screen that in a manner that's consistent with our Legacy uh ordinance uh and so again we do recommend approval power resolution of those issues and we will turn it over to uh the petitioner and the public and take any questions following their presentations thank you thank you Mr Phils before you start is uh Mr Davies and Miss Mass pres okay great if you can make your way down as well you have 10 minutes Mr Fields uh mayor prend thank you so much and members of council and zoning committee my name is Walter fields and I want to know that was pretty some exciting stuff going on here for the last 45 minutes or so now this is going to be a total departure this is going to be watching a rerun of a dearly beloved classic movie okay um about five years ago um this property was proposed for a rezoning and um we worked with um with Mayfield on that at the time and um it was filed in 2018 and approved in 2019 um there was opposition to that the same folks that are here tonight and and I got a call from Mr Davies today just sort of let me know he was coming and I appreciate that um we've done a lot of work together over the years um there was opposition that petition um across the street was a small convenience store that existed at the time we had proposed this site for this exact development um didn't have gas pumps or any of that stuff and so um and that owner had actually tried to buy this property and so we went forward with the rezoning and it was recommended for approval by the staff consistent with the plans for the area um it was recommended for approval by the zoning committee um and it was approved by the city council and I believe it was unanimous vote one um shortly thereafter um a lawsuit was filed challenging the rezoning and and if somebody will give me a time check I'd appreciate it because the clock on this Podium doesn't work so you have eight minutes and 35 seconds thank you very much um the rezoning was challenged there were a number of technical issues raised and sure enough there happened to be a technical glitch in one of the documents attached to the resoning and the court decided that that meant it didn't quite meet the standards that it should have met when when it was applied for and so the zoning was simply reversed and it didn't go forward um after some additional time working with the sellers of the property and working with the potential purchaser of the property the decision was made to refile the case to go forward and I went and had my pre-filing meeting with the staff um and said I want to bring the exact same plan in that was already approved once by everybody that had to approve it and so that's pretty much what we did we filed the reson um with the very same site plan all the same conditions all the same improvements and transportation changes and so on and so forth um and the only thing that changed between the time we filed it the first time and and the time we filed it the second time was that the small convenience store across the street had been demolished in a newer more modern Convenience Store where the gas pumps was built on that property otherwise everything's still the same um and we file this case um in about the of 2002 um initial reviews with the city staff U planning staff was generally supportive with the cavat that they normally um give us to be sure we got the technical stuff right um zot looked at it and said well you know we've got the traffic study all the stuff was on here from before was approved by C dot NC DOT and everybody and so early on we were told that they we wouldn't be required to do another traffic study because it was very costly and timec consuming considering we were right in an interstate interchange change um so we ended up having to go back and sort of reset and start the process again in terms of a TIA um it took a while to find a consultant we were going to use the same one we' used before they were based in Texas that just wasn't working we decided to work with somebody local took several weeks months to get the scoping done then to get the work done to have SE Dot and ncot review it um we actually had hoped and were're ready for this hearing to go forward in March now I'm not calling about last month March I mean March of 23 so it's taken that much time there was delay in there at several different points to redo the traffic study and we were asked to do some additional improvements which have all been incorporated into this plan um as Dave pointed out there's some they're listed in your staff analysis as some unresolved issues I've already started marking up and redlining that the text of the conditions to pull all that stuff in and correct it and so we're we're back before you again with an old familiar plan um that was uh that was approved by everybody in the community the the staff the zoning committee um and the city council we have the same plan we have the same consistency with the land use plan I think there's a little bit of tweaking that Dave mentioned there based on just what some of the policy type documents say but we're consistent with the notion of the community center so on and so forth um we still have the extra the improvements that we'd originally proposed Plus the new improvements that came through the revised traffic study and some additional comments from the city staff about um multi-use paths and better alignment of of Crossings for pedestrians and so on and so forth we mitigate all the traffic that we're creating in fact considerably approved traffic in the general area because some of our changes include making improvements within the roundabout structures to add an additional Lane which benefits everybody that's going to turn on Bell me or go further north on Ryan Road um and with the exception of those few issues listed in the staff analysis um we believe we're just asking you to do what you did before and approve this resoning is consistent with the plan and appropriate in this location um and I'll stop at this point and see if there are any questions thank you very much thank you Mr Davies and miss massud you have 10 minutes to speak in opposition and that's 10 minutes in aggregate all together good evening mayor Li May La uh city council my name is Ken Davies I represent uh one of the opponents to this petition a company called coar which owns a convenience store adjacent to the property under consideration today um we uh my client opposes this uh petition for the same reasons as before uh in and at this point we're years down the road and the traffic situation which is the primary contention here has even gotten worse because of many many rezonings in the area and and even more in the pipeline coming down um we passed out some notebooks and I won't go into all the details in those notebooks we'd like to meet with you between now and the decision uh to go over some details with that um but um just to to point out uh in this in this notebook we have have a couple of uh technical issues which I hate to bring up uh Mr Fields was right there was a problem with prior zoning um we didn't get notice of this uh hearing uh until uh uh the middle of of the last week and U so we wondering if there really was 10 days notice and I'll be in touch with Miss Miss Hagler gray about that issue because uh we don't know how this got on the calendar today so suddenly um the um tab 12 in the in the notebooks is the affidavit for my paralal she checked on the 12th of U excuse me the 9th of April and and there was no notice of hearing on the website and then all of a sudden between now and then it popped up uh now you know the statute and the and the even our ordinance zoning ordinance require at least 10 days notice uh so we have an issue there another problem is we asked U Mr fields if we would have a another community meeting on this petition because so much time had passed and there were some revisions uh they declined to do that however your own Udo says well if you if you uh you need to have a community hearing within six months of the public hearing the last case was in 2022 so I'll be in touch with Miss hacker gray about that as well um you have seven and a half minutes left okay thank you I'll share that with Miss uh Sarah massud who is representative of co-star here today uh she'll get into more details about the traffic problems out there um um uh the staff report for this resoning guess when it was published today that not that's that does not give the public an acceptable time to analyze review and comment on that now we can do that between now and the the decision but you know this is a public hearing on it we you know for some reason that staff report didn't even come out was not available to the public until today and so uh we have that issue as well um finally the C do uh staff report we do not even have one that takes into consideration the new traffic impact study um uh and that report says quite clearly that all traffic issues must be resolved at least four weeks before the public hearing and as you've heard tonight there's still some outstanding issues so uh with those technical problems with roning I'll turn that over to miss mud and she she uh she will uh Enlighten you as to what their concerns really are down there thank you and you have six minutes left okay good evening Madame mayor and City Council Members um my name is Sarah massud I am a representative of co-star LLC I do want to start by putting on the record that we did not receive any notice from the city that this hearing was going to happen tonight so ask you all to please bear with me because I did not have much time to prepare um everything that I wanted to get out to you um I'm going to start I'm going to touch base on two important items crime and traffic so the first thing I'm going to touch on is crime these types of establishments as we all know tend to bring an increase in crime to the area it's unintentional but it just happens um some examples are motor vehicle theft burglary which is included in commercial and residential and these are just two of the Criminal increas in criminal that we see um if you reference tab 11 um you will see Chief Jennings email to the city planning office um this was back in Fourth of July of last year and he has very valid concerns over traffic and crime that come up periodically in the area um and we can expect that these issues will become more frequent with the huge Flux Of trips that are generated to the area which brings me to traffic uh if you look behind section four you will see some still images of the traffic buildup in the area um we do have video so I will be emailing you all with those videos uh these images were captured in the late morning on a weekday so this isn't even a glimpse of how bad it gets on weekends or rush hour or when there's events happening in the area um then we have to consider the increased traffic being generated by pending and recent rezonings uh as well as new construction that didn't have to go through the resoning process um at if you look at tab seven in your notebooks these are all the relevant rezonings for your reference um the roundabouts as you exit 485 are frequently blocked with bumper-to-bumper traffic with nowhere for cars to to to go um there are no traffic lights in the vicinity to help move things along so when you're stuck you're just stuck um the site plan does not address this traffic in any real or realistic way I do appreciate your time this evening thank you thank you Mr Phils you will have two minutes for your Ruto thank you uh mayor protim um it's interesting to me that these issues and concerns about crime and traffic and stuff are unique only to this site but not to a similar site that they constructed directly across the street I'm not quite sure how that works I don't think that zoning is really set up to regulate competition between similar uses um we would only offer as an observation that the the comments in the staff analysis relate to making sure the commitments that we made in the traffic study and I would invite you to invite zot to to answer or address that issue if you choose to make sure they get put on the site plan it's not that they haven't been agreed to they're in the traffic study they just want to make sure they get on the paper document and in the conditional notes for the site plan um so I think that we have addressed the concern concerns that have been brought to us through the public process um this is consistent with the plan it is supported by the staff and it is a development that was approved just a few years ago by the planning staff by the zoning committee and by this city council we would ask you to approve it a second time thank you very much you I'll answer any questions you might have thank you Mr Phils any questions yeah Mr uh i y to the ladies first okay I saw Miss Johnson's hand Miss Johnson thank you um thank you for the presentation and and forgive me if I missed it this was approved in what year it's approved in 2019 2019 the first time okay and we're hearing it again because of technicalities or why there was a Mr Davies is an excellent and thorough attorney um and he went through all the documents much as he exhibited that he's done to get here tonight and found something that the court believed constituted a technical error in one of the pieces of paper attached to the application that's enough to have the zoning overturned it just went back to what it was before it didn't undo the approval it didn't undo the staff's recommendation or the zoning committee's recommendation the court just said there was a mistake here so it can't go forward like this we've simply made the choice later on to go back and ref file it again it took a little while working with the property owners because they were very disappointed that all this happened and it took a little while just to get through the court system um but this is the same plan that we had proposed before it's the same plan that the council approved before it's maybe even a little better because we got different and newer review comments from several agencies and those have been incorporated into this revised site plan and so we believe that it is it is at least as good and probably better than the plan that we had approved that you approved a few years ago and we hope that you will approve it again you have that petition number that petition number was 28073 okay thank you that's all I have okay Miss azir yes so thank you Miss massud was that one of the speakers yes so she shared that she didn't get a notice she didn't get notified she yeah I'd like to get confirmation of their address if we could for this petition and the one that was previous if it's still the same as what's in our files cuz notices were mailed okay y uh that concerns me because we've been hearing that lately a lot um yeah notices go out on time Postal Service we don't have control over once they leave the building I mean I don't know if you have a comprehensive list so if you can just take a look at that um and that's all I have thank you y thank you m brown yeah thank thank you so much may protim so as it as a district web I'm definitely um thank you so much for both presentations but as a district rep very concerned about them hearing um about the meeting at the last minute or not hearing out not hearing about it at all um I would like to entertain uh the of having another community meeting or see a documentation that was presented that supports that we did our due diligence for the sake of the constituents and the community and whoever put this book together it's just amazing it's like a school project uh you know a well put together school project and I'm very impressed with it and so I'll be in touch with um Sarah and Kenneth I'll be in touch with you guys and we can we can communicate but thank you so much for your presentation that's all I have thank you Mr Brown Mr Mitchell thank you mayor protim so Walter a couple of questions one I think Council we tried to stick to the L use uh decision that we're responsible for and not try to get involved in Private Industry but uh Atty Davis made a comment about this type of development um is already in the community or in the area so did I miss something so what is proposed here it's a technical Amendment it wasn't it's a to I'm sorry go ahead a total of 10,000 ft of floor area there's about a 6,000 ft building that will be a convenience store and and a restaurant that does have a drive-thru that's screened from public view there's an additional pad on the site that will be developed at some point in the future at this point in time we've identified the area and included that floor area in the maximum for the entire site um but the market will help to to set that the tone for what that use needs to be to serve that part of the community okay thank you m p thank you so uh Mr Phils just a question it it states that there were eight attendees at the public meeting there a public meeting held yeah I think it was a it was a virtual meeting because we were in that period of time okay and then of the of the eight individuals they were community members who were there we we sent out the letters according to the same list that the city uses when they send out the preliminary notice the early notice and then when they send out the official notice and so we don't know who the people are that are they may live in the community that may own property in the community they could live on the other side of town maybe businesses that the staff prepairs and that's part of the normal process so anybody that's on that list gets a notice and Mr David called me some time back so I assume he had heard of the project because we talked about it many many many months ago okay thank you do I have a motion to close public hearing move all in favor raise hands I thank you all very much thank you Mr Phils we'll move on to agenda item number 31 petition number 2023 023 by Horizon development Horizon development uh Properties Inc the location is approximately 8 .55 Acres located on the east side of old Providence Road and West side of Providence Road north of rivers Oak Lane in district 6 Mr B's District the current zoning is our uh 20 MF proposed zoning is mud o staff does not recommend approval of this petition in its current form and after staff's presentation Mr Carmichael uh Mr meum Mr Maguire will and and Mr Gard will have 10 minutes in the to speak in the affirmative and Mr grills uh Mr chard and Mr George will have 10 minutes to speak against thank you all right thank you uh petition 2023 023 is located on the east side of old Provence Road Wester Providence Road north of River Oaks Lane the site is approximately 8.55 acres and is currently developed with with an apartment complex current zoning is R20 MF multif family a legacy Zone conditional District proposed zoning is mud o mixed use development District optional a legacy conditional District the 2040 policy map recommends the neighborhood 2 Place type for the site mud o district is consistent with the in2 place type proposal calls for up to 380 uh dwellings both multif family single family attached town home units site is divided into two development areas Development Area a Development Area B um area a may be devoted up to 350 multif family dwellings that are up to 80 ft in height area B may only contain single family attached dwelling up to 48 ft in height the plan proposes that 20 uh that 20% not less than 49 units are made affordable at 30 to 80% Ami for a period no less than 30 years the petition uh requests optional Provisions including allowing parking uh vehicular circulation and vehicular maneuvering and visitor drop offs to be located between the building and internal driveways and on private streets architectural standards are proposed for the multif family structures and the single family attached Town Homes including preferred and prohibited building materials uh fronting buildings to public streets modulation articulation standards blank wall limitations minimum slopes of pitch troups uh screening of mechanical equipment uh service areas prohibition of driveways to individual units front Stoops Etc uh Transportation improvements will include uh dedication of additional rideway on Providence Road and Old Providence Road expanding existing bus waiting area building a 12ft multi-use path an 8ft planting strip on Province Road an 8ft sidewalk and 8ft planting strip on Old Province Road there's several outstanding issues including the traffic impact study has not been approved cross access connection between the site and the Northwood Raven site to the South which is petition 2023 039 should be coordinated um max Maxum Building height should be reduced Clarity is needed on the maximum number of units permitted in Development Area B the plan should specify the number of units currently developed on the site the maximum number of dwelling units per building should be set for town homes and um petition must address the remaining storm water and urban forestry comments staff does not recommend approval this petition in its current form as the site lacks connectivity with the site to the South leading to four access points on Old Provence Road and three on on Providence Road in less than one3 of a mile the ti has not been approved uh the maximum permitted development in the are in area B is not clearly stated and the proposed height is unprecedented in the province Road Corridor happy to take any questions following Mr Carmichael's presentation thank you Mr carmichel you have 10 minutes thank you um Madame mayor Pro 10 members of city council and the zoning committee I'm John car with me tonight are F me the petitioner Adam Maguire of Land Design and Randy god with design Resource Group they're available to answer your questions the site contains about 8 and a half acres is located on Old Providence Road and Providence Road just south of the intersection of old Providence Road and Providence Road uh the site is outlined here in green the site is located across old Provence Road from the uh Brookdale Carriage Club Providence retirement community and it's located across Provence Road from International Drive the site is the home of the gladell apartment community which is a 49 unit affordable multif family community owned by the petitioner the site is currently Zone R20 MF which is an old multif family zoning District under I think it's two ordinances ago um the Brookdale Carriage Club is zon institutional CD there's an Exon station to the north of the site that Zone commercial General to the east of the site uh it's Zone n2b uh that's the property that's subject to rezoning petition number 2023 that's 38 that you'll hear later the parcels to the south of The Cider Zone n1a uh however that's those Parcels are subject to petition 2023 -39 that you'll hear later tonight and then the Sutton Hall town home Community to the southwest of the site is Zone ur2 CD so the request is to Res Zone the site to the Moto zoning District to comminate the development of a residential community on the site that would be comprised of multif family dwelling units and single family attached town home dwelling units a maximum of 350 of the 380 units could be multif family units there would be an affordable component to this development a minimum of 20% of the dwelling units actually constructed on the site would maintain monthly rents that are income restricted to households earning between 30% and 80% inclusive of the area meian income for a period of uh 30 years in no event could there be less than 49 joing units on the site that are income restricted so this is the 2040 uh future policy map uh it places this site in a neighborhood to zoning District so therefore as noted in the prehearing staff analysis this request is consistent with the future 2040 policy map I this is the site plan uh this is the Exxon to the north the intersection of old Provence and Provence road is to the north International Drive is to the East and this is old Provence Road um there'll be an access point from old Providence Road and although it's not shown on here there there's proposed access point on Providence Road as well on the Northerly portion of the site there would be a multif family building that wraps a structured parking facility uh the maximum height of that building would be 80 ft on the the southerly portion of the site there would be uh town home units as well as a garden style apartment building the maximum height of these units would be 48 ft the resoning notes uh provide that the buildings adjacent to Old Provence Road could only be town home buildings there' be tree save and open space areas located along the Southern and Eastern portions of the site uh architectural standards are part of the petitioner conditional resoning plan there'll be an 8ft planning strip and an 8ft sidewalk along the sight's front edge on Old Providence an 8ft planning strip and a 12T multi-use path along the sight's frontage on Providence Road there's a pedestrian crossing here uh at the intersection of Providence Road and International Drive and there's a traffic signal there as well there's a bus stop uh approximately here along the sight's frontage on Providence Road for routes 14 and then the 61 express route the petitioner would improve the existing bus stop waiting pad uh for that bus stop location there' be on-site amenities provided for the residence and then this is just a context map so you can see the resoning site here and then this is the LaVine resoning site to the East and the north of Raven resoning site immediately to the south of the site um this proposed Community would be walkable to those proposed developments um we will work with the planning staff and the Department of Transport ation to resolve the outstanding issues which include in course uh the transportation issues uh this is an opportunity to provide affordable units in a mixed income development uh located on the site uh we appreciate your consideration we're happy to answer any questions and once again Mr meum Mr McGuire Mr G here are happy to answer your questions thank you for your time thank you okay Mr grills Mr chard and Mr George you have 10 minutes in aggregate to speak against this petition good evening Council I'm going to change a little bit what we've been talking about tonight we're not going to talk about the Udo this petition does not involve the Udo but it does involve the policy map that went into effect and July 1st 2022 this area we talked about zoning areas but let's talk about the place types it is a place a neighborhood 2 Place type what is proposed an 80ft building is not compatible with a neighborhood 2 Place type an 80ft building is not compatible with the Providence Road Corridor it would be the biggest building on the Providence quarter between 485 and Sharon Amity Road this would be me it's got two exits the what Mr carmichel put up is different than what is in the site plan I can only talk about what's in the site plan which shows two exits on the pro old Providence Road one exit on the Providence Road there is no pedestrian access on the Providence Road the only pedestrian is shown is going on to Old Providence according to if you look at the plan that's in the resoning petition looking at the tree save area it will have about 80% impervious area and neighborhood 2 aims for 35 to 45% so this at the size and the magnitude of the project that they're suggesting it's incompatible with the place type it's incompatible with the corridor it's a huge massive program to had 27 affordable housing units they're going to go from 49 to 76 it doesn't make sense Chris shotard pleasure to be here thank you for having me and thank you to Mr petton and planning as well I think they put a lot of work into this and don't get a lot of credit um I'll underscore uh to Dennis's last point there I think it wasn't brought up very well in the initial presentation but those existing 46 units are being torn down and those 46 families being displaced so I also agree that it's not very much of a net positive impact but what I'm here to talk about is infrastructure you should have received a handout um with some kind of orange and U blue graphs and so I just wanted to walk you through some data points I did work with mise Barella with DFX Consulting she's a traffic engineer so there is some credibility Behind these figures um the first page and slide is meant just to give you an idea of the scope and scale of the density and the intensity of this particular development compared to other rezonings in the area you can see that it's around three to five times the intensity of some of those other rezonings cotswald Village for example oops that's not this one but um that does impact the infrastructure so I'll move on if you flip to the uh back page of that first slide um ncdot does have a recommended average traffic count limit for uh every street and Corridor in city of Charlotte and so look that up and it's 39,000 um cars a day on Providence Road um you can see looking at these major intersections that each intersection is either over at fure drive or at capacity already so how many of you have been on Providence Road just about everybody right it's one of our main arteries in the city council member Driggs um we've worked closely with on this as well so um we're already at capacity um on Providence Road and then if you flip to the next slide um or the the next page um not only are we at capacity but when you look at level of service many of these major intersections are already at an F at the AM and PM Peaks so we're talking about and if you look at your Google Maps it's just common sense everything's just bright red during rush hour in this area so we're talking about an extremely intensive proposal three to five times any other resoning in the area uh for a corridor which is just overwhelmed at the moment if you flip to the next page and this was mentioned earlier there are a number of other rezonings in the area um one which there was an article about uh with Mr LaVine mentioning that he's about to get underway on the malard creek area um Based on ncdot data these rezonings within this 2-mile stretch on Providence Road will add 177,000 incremental trips on top of what we have today so we're at 39,000 today which is absolute Max these rezonings are going to add 177,000 trips on top of that and then if you flip to the next page at the very top there this is pulled from the ti um Mr Randy did um these proposed rezonings Horizon is one of which but the ti was done for the three that are together coming up in the next few minutes we'll add 22,000 incremental trips on Providence Road so we're going from 39 ,000 trips today 177,000 incremental and another 22,000 on top of that 177,000 so we're effectively doubling the average daily traffic count on Providence Road I don't think anybody thinks that would be a good idea given that we're already at capacity today um not only are we doubling the average daily traffic count however but if you go through the ti as I did with an engineer um you'll see that at certain intersections oops the next slide is actually having to do with safety so I'll jump back to that one I got ahead of myself um but if you actually look at the safety impact in this area this is also in the ti um 400 accidents with five fatalities or serious accidents over that same 5year time frame so when you think about doubling the intensity of one of our most serious arteries in the city and the the safety impact that has it's going to be um significant flipping to the next page then um not only talking about how many vehicles are traveling down the road but the level of service as you all know sitting in your car at a a stoplight when it's backed up is not the most funny thing to do when you're trying to commute to work so um looking at the T there were some intersections that were improved I'll give them credit for that but there were also many many intersections that get materially worse with this development so um the First Column you see on this chart um is the existing level of service and the second delay at rush hour PM so if you take for example the second line you're going Southbound on Providence you get to Providence Fair View today it's a level of service D and you're sitting at that stop light for 52 seconds in 2030 after this build is complete on the far column you're going to be sitting there for 114 seconds which is more than a minute greater wait time and the level of service moves to F without this development in the middle column the level of service would be D with only a 58 second wait time so while some intersections have been improved many many intersections in this very important Corridor are seeing dramatic increases in their weight time so um with that I also wanted to point out um and this is not Mr gard's um fault but uh CDOT did use some very devel developer friendly assumptions within the ti there's a 1% overall growth factor assumed for that Corridor Udo recommends 2% charot streets manual recommends 2% and I ran a trend myself um that was over a 20-year time frame over the last five years and we do have one 2023 data point it's a 4% compound annual growth rate so if you take that 1% and extrapolate it to 4% or if we could redo the ti at that 4% you would see even more than a doubling of traffic on Providence Road um it's like a snowball I think rolling downhill it's picking up speed and getting greater and greater momentum um those 177,000 trips that I mentioned in the nearby rezonings even though they are recommended to be included um by the ncdot policy on street and driveway manual um they were not required to be recommended and therefore they were not included in the ti so therefore the ti has a very conservative growth factor and it's missing 17,000 incremental trips um and thirdly the units were increased with a subsequent proposal um by two of these developments in the ti was not adjusted for that increase in units so the ti is extremely conservative and even with that we're seeing a dramatic increase in traffic and a dramatic increase in weight times and I'm extremely concerned about the infrastructure thank you for your time okay you there's two minutes left for the other speaker um good afternoon for our good meeting good good evening uh my name is Doyle George um I I uh live in Providence Springs which is uh near the Arboretum and I have the same problem going up and down Providence Road you all do um one thing preliminarily here what John carmichel U showed you was a site plan that we haven't analyzed that site plan is different from the site plan that was submitted 30 days ago on 311 so um my comments uh related to that prior site plan uh it's my understanding I'm I'm just confused maybe uh Dave can Pon could uh clarify this for me but um I thought that you couldn't submit a new site plan or discuss a new site plan if it hadn't been submitted 30 days in in in advance of the public hearing so I I asked that question uh because the site plan that you just saw shows uh we it chose one access point on uh on Old Providence uh but the site plan that was submitted CHS too um there is a an access point on Providence Road but the plan that that John put up only had did not have one so U it's vastly different from what we've seen and what we've analyzed and I think it's a little bit unfair to do that in any event the old site plan simply didn't meet the requirements of um section 9.81 of the zoning ordinance which is the mudo zoning ordinance there are 15 specific requirements uh showing the building relationship to the building to other buildings to pedestrian access vehicular access none of that was shown on that s plan because as you can see they're building envelopes we don't have any buildings so uh I don't know what uh has happened in the meantime uh I think it's interesting that uh Horizon has decided to modify their site plan but that's not what we have in front of us and that's all I have to say thank you thank you Mr carmichel you have two minutes for your rebuttal thank you um so this is basically what was presented at to or submited last time and what we showed you um any there's there are some differences I can't pull up the uh site plan but um the site plan I shared with you did not show the access point Province road but I mentioned it verbally that we wanted to do that it the um there are building envelopes for the multif family building but the site plan I showed you had some indentations with some articulation that's going to be proposed the rule is you can't submit anything 30 less than 30 days in advance of the hearing but you can sew changes at the public hearing without having submitted a revised plan we're not trying to pull anything any wool over anyone's eyes but we've just been developing the plan and we're happy to talk to Mr George about it I want uh ask Mr me to talk about the displacement briefly if I could good evening mayor uh city council um I just wanted to make sure that everyone understood as a part of our development strategy when we're replacing uh units and we're going to revitalize the community we talked to the Community First and we assess uh the needs of those uh residents when they're relocated offsite each one of them has the opportunity to come back it's an actual right to come back the only reason we're doing this actual devel vment is to create a better environment for them and a high opportunity community and have them to come back to it is their choice at the end of the day some of them will get a housing Choice voucher some we may move into other um housing uh that in livian has but definitely it's all about them and they have the opportunity to come back that's right thank you and if there uh Mr goddard's here if there's any traffic questions I'll defer to him for those okay thank you and thank you Mr meum for being here and that you do in the community to serve affordable housing okay I have uh person I I'm sorry I didn't know I apologize Mr barari and then then is Miss ashir okay and then it's Miss won so you're I got you though no problem thank you all uh for coming on all angles of this it's um there are three separate uh petitions we're about to hear in a row um each have their own unique unique groups and strategies but it's hard to understand this whole picture unless we contemplate all three of them together and and understand um I think the the similarities we're going to hear with all of them and uh uh the the pros being um we need uh housing stock we need retail we need Workforce opportunities all the things that are there affordable housing uh and the negatives will all probably have touch points to um the age-old story of Providence Road and what we go through that every time and it's just going to be Amplified by the scale of what we're talking about here so um my Approach and I've reached out to a number of the community members now that we're in this phase uh of kind of hearing and post hearing which we will have time uh necessary uh to have much deeper conversations now that we're going to kind of get everything out in the open um I'm going to focus on two major fronts personally with all of you one is going to be um with staff not in a place right now uh to support I want to better understand um what's the path is there a path what are the things we've listed these items I want to be able to go back and forth uh with the petitioners and kind of understand what's on the table there so we know ultimately where we're headed if it's going to be something that staff and then ultimately zoning committee can get behind and we're just kind of at a spot right now where we needed to come forward but there's more work to do or is it something else and then separately and probably more importantly is I've had some touch points to this I've been to a number of meetings with the community and others had some chats so now I'm going to more deeply uh get engaged with just the community side so on all three of these petitions we can understand exactly where we are set a goal poost and figure out okay can we achieve some kind of mutual win-win because on one side of the coin we know um this presents an amazing opportunity uh for what this community could massively benefit from the density and the units we need the affordability we need also some exciting things around Workforce uh and things like that but with that magnitude comes some pretty significant concerns that we're going to have around transportation and and the trips per day so we'll figure those things out and we'll figure out if they are solvable or if they're not I just ask that both of these groups continue to operate in good faith and I will um instead of asking for updates uh periodically will'll be in the weeds particularly with the community groups to understand exactly directly what their pre perspectives are uh what things they need if you haven't gotten information we're going to make sure you get that have time to go through it and get your perspectives laid out and then I'll use the principled approach that I normally do which is for big things like this um table Stakes are uh mitigating the new trips the the congestion that they're going going to add and uh a big win is uh doing doing more having more impacts on a corridor that we know in the state owned road is is a deep deep problem that we experience every day uh so um appreciate the community members obviously for uh being so um disciplined and detailed in your review of this and just know that we'll we'll start this process in this next chapter uh together now so I appreciate it thank you Miss EZ thank thank you so until Mr bukari mentioned that all three are um pretty much on the same um in the in the same neighborhood I looked at it all three of them do not have staff support uh it brings up an issue about connectivity and cross access between the sites and I think one of the speakers did bring up that issue so Mr Carmichael just for your resoning petition which is not number 31 if you can speak to uh the connectivity issue a lack of connectivity and cross access between those sites the that comment has relates to this site and the site to the South that's so not not I don't think I don't I presume it's not to the east it says Development Area a and Development Area B in our notes right and and I presume that means connectivity from this site to the parcels to the South which is that's correct we're speaking of connectivity yeah council members May so they're talking about connectivity between this site and this site which is the Northwood Raven and so what we'll do we'll have conversations with Mr Brown and Mr Wilson about that um after the hearing and see what we can work out happy to do that okay so certain only that would be a concern of mine um I certainly like the affordable housing component which provides uh affordable housing that we very much need um also I see in staff's notes here um it talks about the building height uh up to 80 ft and this one would achieve an unprecedented scale of development uh and that is for for this Corridor so certainly that is is a concern of mine as well so if you could speak to that you you don't have to have a response today but at some point before the decision happy too yes ma'am and that's all I have thank you Miss watlington thank you um much of the discussion that's happened to this point I'll be interested in as this goes along I'd really like to understand for the gentleman who submitted this where is he can you please just help me can you come to the yeah can you just help me understand one more time where did this come from this data is all from the ti or from ncdot or from CDOT who prepared this document I prepared it with the help of an engineer um her name is Alisa Bella she's a PhD and a PE and I put it in Florida colors too just for you well so I just want to know because I'm extremely interested in how this was put together and um very impressed and I just want to know do y'all consult because we could appreciate you want to join team Charlotte I'm here to help the city I mean that's my interest I'm a citizen right I live right off a Providence Road but whatever I can do to help the city I will do yeah because the I mean the methodology is very is is significant and I think it's what council member Johnson and others have been asking for for a while as we look at these C cumulative impacts um of development so anyway I just want to say I appreciate you and the engineer you worked with um on this and to the extent that we could do some benchmarking it would be great and I'm sure that we probably got this somewhere but if if we could work together to figure out how to get a little bit more of this kind of granularity on these rezonings that would be very much appreciated thank you thank you and planning was very helpful also we did have conversations with them so thank you m brown thank you so much mayor protim um councilman Mari went into detail about Community I'm a big Advocate on community so I don't need to repeat and sound like a broken record but I definitely would be interested in the community piece and advocating for community in every area all aspects of the city so information I met with you before I've met with you and miss m thank you so much for your peace cuz when I came into your office you did share with me cuz that's the first thing I said would they be this place and would they be able to come back so thank you so much for um stating that before the council um you did state that in our one-onone meeting so I appreciate you for that but Community thank you Mr barari great great presentation on community that's all I have M okay Miss Johnson thank you mayor protim I want to thank the residents for the presentation it's good to see you um Mr George and of course it's good to see you Mr um meum me yes it's great to see you um and you know I'm going to affordable housing advocate so I I I'm looking forward to supporting this and I'm looking forward to the city staff being able to support it so I wanted to ask about the traffic impact study I can can I get Mr Goddard up here council member Johnson huh Can can I get Randy up here as well yes thank you very good take thank you so currently the city staff does not support the petition because of the traffic impact study are are we working through that is there can can do you know why it's not supported at this time well I'm sure seed do can answer that for you but from our side we've completed the traffic study matter of fact NCD has accepted it there's only been a couple minor comments all we're waiting on from the Department M is for C do and NC do to get together and come up with all the mitigation that's going to be required of all three resoning cases so we've presented that information they're supposed to have that meeting by the end of the month and I I think we're like this close to having all that worked out as far as all the mitigation up and down the corridor which includes access management above and beyond what all three resoning cases have so there's a huge section of evidence that would be improved as a result of the cumulative effect on the traffic study for 3 zon cases I appreciate your you're saying cumulative effect or cumulative impact that is something I've been talking about for the last four years so I do appreciate the document um is it Mr Powers I'm sorry what's your okay yes Mr shart okay thank you that's all is someone here from seot or yes you have questions for cot we can get the vot here thank you I just want to confirm what the gentleman said are are we work are we close to a resolution or yes so do this is J Carpenter with C dot um so due to the time constraints with the old ordinance rezonings and the public hearing schedules normally we try to get the traffic studies uh complet completely finalized approved and everything worked out prior to public hearing but due to some of the time constraints um we've gotten to a point where we're mostly comfortable with the study and there's still a few uh remaining items to iron out some technical revisions uh but uh what he said is accurate we are working with ncdot to to kind of put the final touches on approval uh and improvements they have their listed set of improvements on their uh resoning documents as of now uh there may be some slight adjustments but uh we're comfortable with where we are but not quite uh finalized and approved that's great to hear because one of the things I mentioned last week is that we want to make sure that we're developing affordable housing throughout the city so in a balance so I look forward to working with the District representative that's all I have thank you thanks welcome thank you Mr DRS thank you proam um I'm excited about the investment I appreciate that and the prospect of revitalizing this whole area on Providence Road um there are a number of ways in which this is beneficial the difficulty in my mind is the same as for Mr barari the uh existing on Providence Road and I'm just south of there uh so I get the other half of all the complaints and uh we'll need sort of convincing that we really have solved the problem of that huge increase in traffic uh we're here slightly prematurely because of the deadline I get that so I'm just going to leave it right now that we've got more work to do uh Mr grills has uh studied this subject and he and I have talked frequently over a long period we had a meeting with Ed McKinny looking at the possibility of improvements on Providence Road within the existing footprint because the truth is the prospect for any major investment there by ncdot is remote uh I don't see it taking shape we've got to sort of make it happen where we are so uh I'll leave it there I'm just wondering how this Council will get updates in terms of some of these questions because this isn't the only one that are not fully worked out yet uh are you going to submit updated uh staff recommendations or how will we move from here yes so the next step will be to go to zoning committee um it's my understanding that none of the three petitions intend to go to zoning committee at this next opportunity um and we can re-evaluate from there but when they submit revised plans we'll review them uh and update our staff analysis based on those revised plans so I'll just say colleagues there's some big pluses here and a couple minuses as well right we got work to do thank you thank you thank you Mr carmichel I noticed that um you had 25 attendants at the public meeting and and uh several attended the other two so over 110 residents attend have some level of interest in these three plans but specifically for yours what are you hearing from the community is it simply we've heard a lot about traffic patterns and traffic this evening but are there any other concerns outside of that that are bubbling up I think the I think the speakers spoke to those points primarily as far as I'm aware it was traffic density okay I mean there may be others but those are the main points I recall mayor protim okay all right Miss Mayfield thank you I have a question for staff and I actually asked this question last week because we're looking at this proposal and for some of my colleagues they're excited about the idea of affordable housing one affordability is subjective we need to have a clear understanding around Workforce housing but I'm trying to understand are we going to now be setting up to be tracking the unit or the individual because we can approve look at a potential of a small number of units out of 350 today but if the cost structure would that automatically has an increase in it for the development will have an individual at today's Ami be priced out of that unit within three years the longevity of a transparent conversation with the developers as far as what our expectations are and with the community when we're going to the community and saying look they're offering to give us some mixed use units in here are we looking have you all had any conversations to clarify what that would look like outside of saying well it'll stay in this range for 15 years 20 years are we looking at the individuals cuz for Mr meum you have a very targeted audience of individuals that need assistance so we're looking at the number of units specifically and they've committed to between um rents that are affordable to individuals or households making between 30 and an 80% Ami um which you know of course as you've alluded to the Ami uh is based on the area as it says so that that can change um but they've committed to this for a period of no less than 30 years and okay so a quick clarification Ami based on the area or Ami based on the city CU that's two different conversations cuz this particular area has uh if we're looking at our service workers our Workforce are we looking at their Ami or are we looking at the aggregate of the incomes of the household it it would be the um it would be the households for the entire area not Citywide um I'm not a affordable housing expert I'm not sure exactly where that boundary would be drawn um maybe Mr Mitchum could speak Mitch may be better suited to answer and this specific uh Community we're talking about Hud's definition of affordable housing and so that's going to be 30 % of Ami up to the 80% and I know we're saying 30 years but when in livan nor does something it's in perpetuity and so it and it goes up every single year right the the Ami and so we'll still keep capturing more and more families that keep falling into this area that they need affordable housing but none of the people that will that are already qualified will be uh disqualified in the future because they'll still be in that probably 30% and Below of area Medi income thank you for that clarification because I don't know if all of my I believe all of my colleagues received an email recently where we have specifically some Elders in the community that are on fixed limited incomes that are now being priced out of projects and as we're having this conversation of new development I want to make sure that we're having very transparent conversations of what the expectation is cu again elivan formerly the Housing Authority had a very specific goal of targeted community to assist that seems like it's expanding but we have multiple needs in the city I just want to make sure that we're not setting people up where in 3 years they are going to have to start this process all over again so thank you for that clarification thank you do I have a motion to close public hearing move second all in favor raise hands any oppose that is unanimous we'll move on to number 32 petition number uh 20 23-38 by LaVine properties the location is approximately 84.1 6 Acres located on the North side and south side of Sardis Lane and east side of Providence Road in District Six Mr Bard n2b B1 s CD B1 CD R20 MF and the Pres the proposed zoning is ur2 and mud o with fiveyear vesting rights currently the staff does not recommend approval of this petition in its form and after staff's presentation Mr Jeff Brown and mcvan and Mr LaVine and M will have as well as Mr Wickland will have uh 10 minutes in aggregate to speak in the affirmative and then there will be um Joan Killian miss dainy miss datson Mr grills and Mr choon to speak against it again in 10 minutes thank you all right thank you um this one is the longest of the three Providence Road petitions so I will uh just bear with me and we'll get through it um petition 2338 is located on the north and south side of Sardis Lane East side of Province Road site's approximately 84.6 acres and is currently developed with a multif family commercial outdoor and indoor Recreation site is divided into five development areas uh Development Area a is currently zoned neighborhood one in 1A and also neighborhood 2 uh Development Area B which is here is Zone uh into B neighborhood 2 area C is zoned um B1 SCD uh neighborhood business Shopping Center District Development Area D split Zone B1 CD and R20 MF and area e is currently zoned R20 MF the proposed Zoning for area a is mud CD mixed use development District conditional for b c and d the proposed zoning is mud o mixed use development District optional for area e proposed Zing is ur2 CD Urban residential conditional site is both consistent and inconsistent with the 2040 policy map uh the map recommends the following area a recommends the neighborhood one place type um and one of the two development options outlined of the plan is consistent with this uh and one is inconsistent with it area B and D are inconsistent with the map's recommendation for neighborhood 2 area C is um inconsistent with the map's recommendation for Neighborhood Center and area e is consistent with the maps recommendation for the neighborhood to place type proposal calls for up to 1,113 dwellings and up to uh 35774 ft of non-residential square footage along with an option for outdoor recreation facilities the Development Area prop uh the development areas proposed the following Development Area a proposes up to 125 attached or detached dwelling units or a second option of an outdoor recreation use associated with the school institution or Civic use as permitted in the mud o or in the mud zoning District up to 48 ft in height uh Development Area B uh is up to 725 dwelling units and up to 225,000 square fet of non-residential uses permitted in the mudo district up to 80 feet in height Development Area C uh would permit up to 9274 Ft of non-residential uses as permitted in the MUD district up to 65 ft in height area D would permit 40,000 ft indoor Recreation uses a large Child Care Center um as permitted in the MUD district up to 60 ft in height and Development Area e would prevent permit up to 263 dwelling units as allowed in the ur2 district up to 65 F feet in height uh the plan also proposes uh to allow transfers of development rights between areas as follows up to 125 units could be transferred between Development Area a and Development Area e up to 150 dwelling units could be transferred between Development Area B and Development Area e and up to 15,000 ft of non-residential floor area go from area C to area d uh uh it also proposes to allow U conversion of devopment Rights between residential units and non-residential square footage and vice versa non-residential square footage may be converted to residential dwelling units at a rate of 500 square ft per one dwelling unit for maximum 50 dwelling units and residential units may be converted to non-residential floor area at a rate of one dwelling unit for 500 ft of non-residential floor area maximum of 25,000 squ ft uh this site proposes is Workforce housing with a minimum of 108 units within Development Area e restricted to household with incomes below 80% Ami for a period not less than 15 years uh the plan prohibits uh gas stations convenience stores with gas sales uh automobile repair garages and entertain eating drinking entertainment establishments with drive-thru uses um the petition requests optional Provisions including allowing parking loading areas and man vering between buildings uh the building in the street in development areas b c and d along Providence Road Landmark Drive and International Drive and the existing uh and realigned Sardis Lane allows existing and new parking maneuvering areas located between the existing buildings and new public streets within development areas C and D allows existing and new development uh buildings within Development Area C and D to not meet blank wall requirements of the uh MUD district uh do not require screening of existing parking areas within development areas c and d uh when uses are changed or expanded and these Provisions would not exempt existing parking areas from compliance with the tree ordinance architectural standards are proposed for multif family single family attached town homes and non-residential buildings in development areas A and B including preferred and prohibited building materials build two zones minimum building Frontage in a in the buil to zones along the street minimum ground floor Heights minimum transparency uh prominent entrances pedestrian oriented ground floors modulation articulation standards blank wall limitations minimum slope of pitched roofs screening of mechanical equipment and service areas front porch front porches with Stoops Etc Transportation improvements would include dedication of additional rideway on Provence Road and Sardis Lane building a 12ft multiuse path and 8ft planning strip on Providence Road and a 6ft sidewalk and 8ft planning strip on Sardis Lane International Drive constructing public and private Street Network as generally depicted on the site plan plan proposes a minimum open space uh within Development Area a b c and e provides a 30ft Class C buffer in Development Area a uh adjacent to the single family um development um provides a 100 foot landscape buffer and open space along the northern eastern property lines and Development Area e so along here plan proposes the following dedications to meinberg County Park and wreck 30 foot landscape area with access easement to meinburg county in area e this area construction of a 12ft shared use path with access to McAlpine Creek Greenway construction of a bridge uh for the connection to McAlpine Creek Greenway and dedication of a 2.5 acre park within Development Area e there are several outstanding issues including uh the traffic impact study not being approved dist Transportation conditional notes are required the plan should clarify whether or not improve uh improvements will be made to existing bus stops adjacent to the site maximum Building height should be reduced the plan should clearly State the total maximum development potential including transferable rights between development areas and conversion rights plans to specify the amount of existing development on the site only one development option should be proposed for development areas A and B but if multiple development options are to remain the plane should provide clear guidance on what triggers one um of the two options to move forward should show the proposed layout of areas C and D provide architectural design standards for development areas CD and E plan should commit to a minimum sidewalk width of 8 feet for all public streets and a network required private streets um the petition must address the remaining storm water and urban forestry comments and at this point I will pause and let SE Dot share a couple slides before we move on to the staff recommendation thank you um just wanted to give a high level overview of sort of the traffic impact study and Improvement uh awaiting some technical revisions and things might change but just to give a flavor uh of what we've worked with uh the development teams on um so we started uh probably over a year ago uh and the the traffic study has been completed to include all three of these uh resoning petitions um the the petition that you just heard uh 2023 023 would not on itself trigger a traffic study um but due to the complexity of the area uh the the development team worked with us to include all of the developments under one umbrella uh so that we could best uh estimate the uh the impacts um so there was six phases of development in the study all the way out to a 2030 uh buildout uh there was additional growth rate along the corridor and along the off-site intersections that we worked with the development team on um 17 existing study intersections uh plus additional proposed intersections as well as 13 existing traffic signals that were analyzed next slide um so there's there's a few sets of improvements uh primarily for this this development along the Providence Road Frontage uh there were some major improvements proposed to realign old Sardis Lane and create a new approach at Old Providence Road uh with a uh one-way pair of Ingress and egress um as well as traffic signal improvements and a new traffic signal at the reigned old Sardis Lane um along Northbound Providence Road there's over 2,000 F feet of new through Lane proposed uh to provide capacity uh through the Development Area um there are turn lanane improvements at seven off-site intersections uh as well as additional pedestrian signalization improvements at seven off-site intersections uh in addition to the traffic study work uh we worked with the development team to provide some access management safety improvements along the corridor uh where we work to close some full access locations at strategic locations and provide new signalization to Route uh both pedestrians and vehicles to uh safe access points along the the corridor um in addition uh for this development there's uh approximately over 11,000 ft of new or upgraded sidewalk and over 4,000 ft of new New multi-use Path including a connection to the greenway to the south of the site that's it kick back to Ma and for the recommendation staff does not recommend approval of the this petition in current form as the proposal offers multiple development options to pose different land use outcomes so that effect on the policy map cannot be determined until the time of development the plan does not clearly State the amount of existing velopment or total development proposed for the site as a whole TI has not been approved the proposed height is unprecedented in the Providence Road Corridor the plan lacks comprehensive architectural and design standards I'm happy to take any questions following the petitioner's presentation thank you thank you Mr Brown you and team will have 10 minutes uh thank you mayor protin and members of council members of zoning committee uh there's a lot of detail in this as you as you have quickly found out we're pleased to be here with our team bridg of Grant and Keith mcvan assisting Daniel LaVine and Daniel Molino of LaVine properties on what is a really exciting opportunity it's a complicated opportunity as many of the council members have already said it needs to be balanced with infrastructure but the revitalization opportunity we're talking about tonight is is is tremendous so we're here to work through those details going forward we commit to work with the stakeholders who are speaking tonight we commit to work with sedot we commit to work with ncdot and continue working with the staff on site plan items uh we really appreciate the staff's efforts as I say this is uh there's a lot here to chew on uh there's a lot of detail but there does provide an incredible opportunity for a new vibrant Redevelopment provides an incredible opportunity for a new Street system a new an opportunity for much more pedestrian connectivity connections to The Greenway a 2.5 acre Park there's a lot of great here but we recognize with frankly the April deadline that we're here perhaps a month earlier than we like to be uh but we commit to work with the staff and to provide the types of updates so that the council is kept in a breast of things as we go forward so we're here to do exactly that it's an ambitious proposal but one that I think can be leveraged amazingly to not only provide transportation improvements that mitigate the traffic of the development as council member luari also said but also through some of the trans access management that Cott talked about to improve fewer u-turns some traffic signals so that the flow on Providence Road can actually be better I'm not sure there's going to be another development in this sort of area of Providence Road where there could be a leveraging of this type of opportunity along with the revitalization we're going to go through a few slides y'all y'all been at this a while but let me ask Daniel LV to give a little bit of his thoughts quickly if we could thank you never thank you Jeff mayor Council zoning committee thank you so much for bearing with us through this very extensive uh petition my name is Daniel LaVine with LaVine properties and I really do appreciate your hard work on petitions like this it's it's it's meaningful uh our vision includes replacing a deteriorated and physically obsolete set of apartments with new ones that we will build and providing 108 new Workforce housing units without request for public subsidy uh these will be uh 80% of Ami and uh they'll be dedicated for a period of 15 years and um you know I'm reminded um from a a presentation that Raj chedy came back to Charlotte uh in November and uh you know in that presentation he emphasizes the influence of geographic location on economic Mobility including Workforce housing to become a priority for and that's has become a priority for this uh Redevelopment and he said part of our responsibility for all of us who are lucky to be here is to try to think about how we can share these opportunities more widely allowing for broad section of the community to participate so we envision a new vibrant retail and possible grocery store at this location that brings back some of those uses from years ago uh but when with enhanced green uh space neighborhood goods and services food and beverage establishments to support the surrounding neighborhoods other aspects include a more walkable area and this includes our work with Park and Recreation to connect our mixed use development and the developments AC cross Providence Road directly to mapine Creek Greenway and this revitalization will not only create new sense of place commit to Workforce housing for many years and to support improve traffic flow on Providence Road it will also increase the city and count city and county tax revenues over time helping to support city and county services and economic development goals we've spent considerable time connecting with nearby resident leaders from all around these sites from the D Duneden neighborhood Valleybrook Sardis Lane Blueberry Lane Wimbleton and shambry neighborhoods and with the Providence Road leaders such as Dennis grills Doyle George and Chris Shard and we are committed to continue working with them in a collaborative process uh as the uh seedot and ncdot uh studies come in um and we look forward to to moving the along thank you very much for your time thank you Mr LaVine you have four and a half minutes left Mr BR okay thank you very much uh I'm going to just point out a few things again an opportunity we feel like not only to to revitalize an area for the community surrounding Community but also to achieve a number of the of the of the city's policy goals these slides again give you a little flavor of what we've discussed about the opportunity to really create a revitalization of an area that's now got 60 years uh you'll also know there have been commercial uses in the past many of you may remember the Harris Teeter on the interior of the site I can go on a lot of different items hopefully this this slide gives you the flavor of what we've talked about with the greenway connection with The Pedestrian connections with the walkability with the interconnection between the residential and the potential retail uses uh a lot of positive things that we're dealing with on this potential revitalization it is comp licated as Max's presentation talked about we're very confident we can work through a number of these details uh we talked a little bit about buffer treatments and and Landscape here I think it is important I know we're still working with Daniel and his team is working with the the Valley Brook neighborhood if you can see to the right in the larger image that's a 100 foot landscaped area that is being preserved from that Development Area e with the Val Valley Brook next door and then if you see the smaller image there's a 4 foot area of a setback up with the Duneden neighborhood and I know there's still concerns being expressed in some of those communities tonight but we will continue to have those meetings to ensure that there's confidence with regard to the uh the buildings and the uses next door to those existing neighborhoods I'm not going to go through but this gives you again the flavor of the interconnectivity that we're seeking to achieve not only with the greenway internally uh to provide for these pedestrian and traffic improvements and Road improvements that we think will uh make this development function efficiently but also work well for the neighborhood uh uh Jay Corp did a good job of talking about where the transportation work is I just want to indicate that we have already included in the development standards possible Transportation improvements at a number of these intersections we've included the development standards possible access management which is the potential traffic signals which is the potential of medians being adjusted to try to encourage the flow what we need to do is continue working to determine what's the best bang for the needs what are those areas that need the most uh attention and what are the improvements that Pro provide the highest yield for making this situation not only mitigating traffic but potentially improving the traffic flow on Providence this is the the the segment running from uh from roughly lands down on the North past Hamilton Mill Road road on the uh the South it's not an easy thing to read I realize but this is what we're talking about when we're talking about access management the potential for a new traffic signal at fer for example uh potential for new traffic signal at Hill Road to be able to allow the community to get back out on Providence without having to wait and also perhaps making some ways in which the community would go back through the neighborhood to get to a signal as opposed to having a driveway that gets out on the pro evidence that slows up traffic those are the types of things we're really doing we're talking about the access management this is a couple of examples I know this this not easy to read uh but it tries to give you a flavor of the various punctuation marks along that corter that we think can provide some improvements similarly with medians uh that's the kind of work that we're dealing with and we look forward to doing this we are not coming back next month uh we know we have work to do but we're very confident that we can make something that is tremendously POS positive for this area and at the same time leverage revitalization not only for the good of the of the of the development but also potentially to improve the traffic flow and we'll continue working with Mr Shard prep prepared material that does recognize that Providence Road is a challenging road but we are going to try to use the development leverage it in a way that we think we can make some improvements happy to answer any questions thank you so much thank you thank you Miss Killian Barbara Dean Marilyn doson Dennis Grill Mr chard and Mr George and in that order you have um 10 minutes to speak in aggregate good evening mayor and Council I am Joan Killian I have lived on fuler drive for uh just shy of five years I am an avid Walker so I know this area intimately I do appreciate I'm speaking against but I do appreciate the opportunity to have this area redeveloped because so much of it has not been wellmaintained or well utilized for some period of time I also appreciate the emphasis on walkability and accessibility I like the idea of mixed juice and mixed income neighborhoods and some increase in density is obviously going to happen in this city but the massive size of the increase in density for this development is just it so far outweighs the existing neighborhoods that are there I have other concerns as well um the apparent we've talked about affordable housing being part of this but if you were to look at the existing housing it would seem that there's far more affordable housing units available now than what will be there when this or this development is complete so I appreciate Miss Mayfield's comments about assuring the sustainability of affordability in this area that for years into the future there will still be Workforce housing and and uh lower Ami percentages that are available I'm concerned about the height limitations uh directly behind me where there's currently a Woods would be a 50ft limit on buildings that would be peering down into the yards of the folks in denan and on fuler and 90 ft at the other areas and that's uh very high um for us uh to have the best use of our property as well the F they just discussed the buffer zones and I would want to have clarified what the Landscaping um in those buffer zones means if it's a 40 foot buffer zone and I think 30 foot Landscaping there was a mention of tree saving but could all those sure trees that have been there 60 or 100 years that are that are healthy be saved and not developer sized Landscaping put in I'm concerned about the loss of habitat and the wildlife byways that are going through there for the owls and the foxes and the other creatures that live there I'm concerned about light pollution from all of the businesses and all the traffic that will be in this area especially at night and I'm concerned about the tree canopy Charlotte has a goal of 50% by 2050 we've already shrunk 2% in the 5 years I've lived here and I just want to make sure that the mature trees are in are maintained in this property and that we don't just go in and clearcut and then put in little stuff um that won't be mature for another several decades when I was reading through the departmental descriptions or the sign offs I think that Parks and Recreation ask for a 4 to five acre Park I would encourage you to think about this property the the a portion of this property being a part of that Park it's got existing tennis and pickle ball courts it's got existing infrastructure um it has Wildlife Area to use as part of the park in there six and a half minutes left thank you so thank you I appreciate the opportunity to speak and I just want us to emphasize affordability and the environment I'm Barbara davidy and I live on dun Eden Lane and I concur in all of the comments that will be made by Marilyn doson who will be speaking on behalf of our homeowners association but I have a couple of other issues I really want to raise and that's that the loss of affordable housing the crest departments have long been uh a naturally occurring affordable housing location and 80% of Ami for a single individual is $59,400 a year so uh I'm wondering where the employees at cotswald and the Arboretum are going to find housing um also I'm concerned about the 15-year commitment to retain the those units at the 80% Ami that seems to be considerably um seriously low uh Mr LaVine has presented a couple of different options recently and a couple I heard different from staff here tonight um the Providence Square retail plans should not include a new high-profile destination grocery store that will bring in traffic from outside the Providence area um a 100,000 square foot grocery store is really not needed there a 50,000 grocery store that would be suitable for a Harris Teeter or a public would be a public would be more than sufficient and um he's also proposed uh to build his plan a for area a is to build 125 town homes that would be in an area that currently has three homes and the tennis courts um we much prefer his more recent Plan B which is for long-term lease to a private school for tennis and sports activities whatever they do there they're really going to need to seriously divert storm water from impacting D Lane thank you thank you there's four and a half minutes left my name is Marilyn doson and I am here on behalf of dun Eden Homeowner Association I have lived in dun Eden for 30 years and I have watched this area develop more and more dense I would like to stop a minute though and thank Daniel LaVine for all the times that he has met with our HOA because the first time he met with us was right after he bought Providence Square shopping center and pro what was then Provident Square Apartments and that area had become so depressed potholes all over the shopping center and that is the part that we are very much in favor of is seeing that what was at one time a very viable shopping Center that was neighborhood oriented being revitalized back to that purpose our concerns though have to do with what the staff has already identified as the overall density that's being proposed for this project there's so many negatives when you start building highrise 80 ft that's going to occur on the existing neighborhood structure in 1994 we filed in dun Eden our first petition to have storm water addressed we never made it to the top of that list we're still dealing with storm water runoff we're still dealing with Flooding at the bottom of um Sardis Lane right at Valley Brook and Ramsgate we're still dealing with the traffic congestion that every year becomes worse and worse Sardis Lane alone has had over 30 new housing units built in The Last 5 Years more driveways cutting in more water runoff etc etc our schools well the schools that service our area are landown Elementary Mento and East Mech all of them are over 90 plus% at capacity and mclinc is at 127% capacity and we just rebuilt that school five years ago so what do you think's going to happen to our schools when we add another 2,000 plus units between all three of these developments you have a minute and a half left thank you I'll be brief you've heard two people talk about the magnitude let me tell you it's a neighborhood center that's what it has been they want to make it a community Activity Center we have a community Activity Center 2 miles away our bedom shopping center or if you go two miles north from this you have Strawberry Hill shopping that those are both Community Activity Center I support the Redevelopment of this as a neighborhood center the square footage that they're asking for to give you some idea of non-residential square footage it's the same size as caramel common shopping center we don't need that big of a shopping center right between Providence Road on Provence Road between Strawberry Hill and the arborita yes we do need it improved we we do need Services there but not to the magnitude uh that they're asking for a CAC and calling it a Neighborhood Center thank you thank you Mr Brown you have two minutes for your rebuttal thank you very much and we and I appreciate the comments uh this is a balanc situation we want revitalization you can't have it without a certain amount of new development to make the economics work we want to restore affordable keep affordable housing and to promote the affordable housing but we have to also have new development to make that work we have to have new development in order to be able to provide for the project and we also need to make sure the roads and the infrastructure that we're providing is sufficient to handle it there are some benefits when you do redevelop you do things like improve the storm water approach this is a very old development that didn't have the storm water activity and the types of development needs that you now have under the more recent ordinance so Redevelopment does bring you into modern opportunities uh the same with our trees the efforts to ensure that we're providing for those in New and in positive ways we recognize the concern again fundamentally about the density and we want to continue to have conversations what's the appropriate level but we have to urge everybody to realize this will not get done without a certain amount of increased development to make it work this is expensive stuff uh we're redeveloping and we're trying to take older buildings and make them new and it's it's challenging so we're going to do our very best over the next several months on Transportation we're going do our very best to keep you informed council member Bari we thank your approach on this and we look forward to coming back uh and and having opportunities for further updates and I can assure you that's what stakeholders thanks so much thank you Mr barari thank you all once again it's late and then your commitment of being here and relaying this is really important again I think everyone's starting to see uh this is you know I've been doing this now for seven years maybe you longer uh this is pretty unique in the three of these stacked up to each other one alone is a big thing to wrap your mind in and then you're thinking we have we haven't got to one yet so we're going to see all that it's Unique in that we are uh so one that is a unique opportunity two it's a unique situation with the grandfather districts the April hearing that we're coming here a month some might i' argue a little more early so a lot of things that we would have seen done and dusted behind the scenes are still to be figured out and nobody could have done anything about that um but I think on the positive side um unlike other rezonings that we typically have um another thing that's unique is and you've heard we're not sprinting to a decision in 30 days from now and I think that's probably the most important takeaway for everyone um we have time uh and I I will be as big of a fair Arbiter of the amount of time we need to make sure everybody's voice is heard all the things that haven't been figured out shared analyzed feedback given and then negotiated all has time and I'll I'll I'll make sure I hold us accountable on all fronts to that um I I you know I'm really looking forward to the community engagement in this next chapter um just Council colleagues uh I hled with uh Dave Paton over there for a minute again with the uniqueness of this there's going to be some work that's going to happen some updates some things that will occur I I recommended and he agreed that there needs to probably be some more formal of an update um between that but before zoning committee so that folks can see where staff's heads at what has changed we can relay what the community feedback is so not sure what form that will take but clearly we can't let the next time all the rest of you hear about this B you know when everything's done so we'll we'll figure that out for all of you and I'll I'll hold that to account and then for the community members um you know I luckily I've had many different opportunities over the last seven years to uh to shepher complex situations like this through and I've come up with a very simple model that helps to ingest complicated things which is where we don't have answers we follow up and we get them we bring it down to its most based level and we go through a piece at a time uh and say okay well like things we heard where affordability is important but funding and driving an important part I liked a lot was what we're going to get without having to tap into public subsidy on some of those things um I'll tell you where I think something is um not as Fair of a critique as possible and I'll push back one right away is comparing the natural occurring affordable housing that's there today with the benefits in working with olivan on the first one and seeing the workforce housing here it's not just about something being there and a bit dilapidated that that can be afforded it's about having um good infrastructure in place good accessibility to a lot of innovative upward Mobility Concepts so it's not as simple as doing the math in number of units or dollar amount of rent today and tomorrow um but there you know there are some other Fair points that I'll push back hard on and one of of them is going to be transportation and making sure that um we take all of the details and the studies you've given us and then we go break those down with them when the traffic studies are complete and we make sure are you indeed mitigating the impacts that you're creating and how much more are you going over and above to give Community benefit to those around who experience the Deep pain that we hear and at at an NC doot level simply cannot solve and continue to ignore in a lot of cases so I I mean to give you those two examples just to show you that um I will be a Down The midle Arbiter and uh coordinator amongst all of us I just ask all sides as I always do to operate in good faith in trying to get to an outcome that ultimately everyone can be happy with and as long as we try to do that for as long as we can we'll see where we get and uh and and re-evaluate from there but this is an amazing opportunity this has a generational impact opportunity for our community in that part of town and there's a lot of reasons why if I live there I might be annoyed with it so we just take those principles and we see if we can't work through things so that everyone feels like their voice was heard and things were done so that's my commitment to all you guys and um I'll primarily be working with the neighbors to be quite honest so uh more to come I've reached out to uh many of the leaders that have been identified earlier today to te us up and uh we'll go from there thanks Miss Johnson thank you mayor protim this does seem like a major project a major revitalization this is the first time I'm hearing of it what I would like to see because while it while it's presented is three different petitions um for the residents it's one big project so I would like to see this from a cumulative impact I mean this is a great petition you've got um John Carmichael and and Jeff Brown and Colin Brown are represent you know and you got olivan and Mr LaVine and so it's it's a big deal I would like to see um a map of this petition of this project and how they relate to one another so all three petitions together I i' I'd like to review it from a cumulative perspective how many units total is it what improvements total is it um so I'd like to see this how residents are going to have to receive it uh instead of looking at this from a siloed approach I think that would help me in the consideration so I know that the maps are here and they but I would like to see like um if we could um just an image of how they just a onepage image how they relate to one another and what the total number of units are um total retail space and just a because this is a project so I'd like to see a project project scope of these three petitions we can get you a map and a a count of total units square footage okay thank you thanks missme thank you my head is already spinning oh it's just a lot of information uh projects that are interconnected um but certainly there are a few things that I want to highlight I think Mr bukari kicked us off pretty well in terms of community engagement the things in terms of traffic impact uh certainly I believe this is a little bit premature and I think part of the reason that Mr Brown mentioned earlier is because of that April deadline uh a lot of things that's still needs to be worked out um but couple of things that I'm I would cons I would look at it very closely uh based on the feedback that that um Miss Killian Miss deini and uh Miss Dodson had provided uh along with Mr grills so first is the park uh I believe there was a park that was proposed two to three acres if we can increase it uh because we are looking at very large development Mr LaVine you have worked with the city on various other rezonings and you have certainly provided great Community benefits so I will certainly use that as a model to potentially even push the park space further um obviously one of the speakers had brought up concerns around high rise see I know there was another concern we had in another resoning of yours so if we can look at that where you were able to Garner communities uh support if we can model the same level of support from the community here that would certainly be tremendous for me um density in terms of the affordable housing commitment I certainly applaud you for doing that without Comm without the subsidy from the city I think that's tremendous um if we can look at that increasing it to 30 years and uh I can go on and on about other things but I think these are just the basics let's start with this um and I thought that hearing would give me enough information but certainly looks like I need to meet with you to understand because of the complexity of this resoning there are so many there is area a b c d e uh same with the previous resoning and there is one more coming up item number 33 um I if we can um to council member Johnson's point we need to look at get it from a cumulative perspective uh but certainly I think having uh one presentation on all three of them would be very helpful uh there is more to come but I certainly appreciate how well those speakers are I appreciate they use very technical terms that we use like noas a park space and so certainly you all had done your homework and I appreciate that Mr Graham thank you madam mayor proam I I too want to to lend my voice to what I think is a very exciting but very complicated scenario it's almost like having a thousand piece puzzle set how we pick the puzzle together it's going to be interesting so uh I U I look forward to um working with the learning fir council member buari if anyone can solve a puzzle I I I think he can um he's demonstrated that before um in terms of working with neighborhood groups and developers and very complex issues and bringing folks together so I look forward to working with him as well as the the resident of the community I'm very familiar with the side play tennis on the courts um so I know exactly where it's at um and the impact that it it really can have um I I think it's already been mentioned uh one the affordability of the housing I think that's really really important um that we maintain that and and do it in a way that it protects what's already there uh in a new development which is a difficult puzzle piece right um certainly Transportation uh and their grid system up there is going to be critically important and when you have two other develop developments that are in close proximity um then it creates uh certainly some impact and so uh I think it is a good idea that we kind of examine them um as independent units because there are three different proposals but certainly the cumulative impact is a is a this a true example of that right um that I think we all can get our hands around so working with staff on the transportation um and Mr bhari uh scenarios it's going to be critically important I think um as we begin to redevelop how that looks over there uh and then we talked about the um the cumulative impact right um as well as the uh and I think I heard earlier that there's going to be a comprehensive traffic study for all three the um petitions which I think is um going along the lines of what we said earlier in terms of making sure we understand the impact of all three uh on the grid system on that road so I look forward to learning and following Mr Mar's lead um I may step in from here here or there to kind of add my two cents uh and reference to it but um I'm I'm excited about what's coming but I'm very very um interested in making sure that the the neighborhood leaders voices have heard um and that we talk about some of the things that are that they articulated tonight it's been critically important for the success of the pro the project so willing to learn listen and um and then the lead when necessary thank you Miss watlington thank you I just I won't belabor all the points that have been said but I just want to add one because I think this is a particularly um opportune time from a policy standpoint to really think about what does it mean to look at something comprehensively we've seen excellent examples as it relates to the infrastructure conversation um what I would love for us not to miss is an opportunity to really walk through this as a pilot for how do we think and how do we think about planning for particular places I know that we've got Place types and the maps and things like that but as it relates to how we're looking at rezonings really and truly I think this is an opportunity to start to document a process for cons considering the broader areas because I think that's the piece that's really going to make the difference as we are moving forward with um the policy map and moving forward with um these these zoning decisions as um we come to the end next year of this process uh that was started a couple of years ago so um um ACM Heath I don't know if that is something that needs to go through a committee referral or how official that needs to be but I would like us to put some structure around around it um thank you thank you Miss watlington I will say that um you know this is a this is a actually a unique opportunity here you know the area between Strawberry Hill and the arbor redum um hasn't really been touched significantly in a long time and if done properly um it can really be a reimagining of how to open up that Corridor and uh make it more enticing and inviting um outside of vehicular traffic and so the micr modal aspect I think of this particular project can can be very much a blueprint uh from other projects coming uh down the pipeline I do agree with my colleagues that there's a there's some added complexity because you have three separate po s here um but the congruency of the thought and the planning um I think will help significantly upfront so happy to hear that Mr barari is is uh on on tap for this and not going to rush the process and encourage the the three entities to work uh together not only for the residents who came and spoke and shared their perspectives thank you for that but just an overall if you take a step back just a a a more of a macro view of that Corridor and how you can unlock connectivity and um provide a great place to live work and play close second I have a motion in a second all in favor raise hands um I apologize I do have one I just want to formalize my request for committee referral where it ends up'll be fine but I do just want to put that on the record that I am asking for a committee referral as it relates to the conversation formally asking okay okay all in favor to close public hearing any oppose that is unanimous I will say that we are at the 9:15 Mark and we have five petitions to get through um in order to uh successfully get through everything so we'll try to move as quickly as we can May if I may real quick I we just need some clarification on that committee referral cuz we need we need that spelled out I work on some language yeah right now we're just asking like what that is for us we we don't really know exactly what Miss wat we work offline after the meeting for the clarification you're welcome okay we'll move on to agenda item number 33 petition number 2023 039 by Northwood Raven location approximately 202 Acres Bound by the east side of old Providence Road the west side of Providence Road and north of rivers Oak Lane and district 6 Mr Bard's District current zoning is in 1A and R 20 MF proposed zoning is mud o currently staff does not recommend this appr this petition in its current form and after staff's presentation Mr Brown um we'll have 10 minutes to speak in the affirmative and again Mr grills Mr chard and Mr George will have 10 minutes in aggregate to speak opposing thank you uh petition 22339 is found by the east side of old Providence Road and West side of Providence Road north of River Oaks Lane the site is approximately 20.12 Acres it's currently the site of two single family houses uh the current zoning is actually just in 1A um neighborhood one the R20 MF U statement was a hold over from a previous site plan proposed zoning is mud o mixed use development District optional the 2040 policy map recommends the neighborhood one place type for this site the mud o district is inconsistent with the in one place type approval of this petition would revise the 2040 policy map recommendation uh to the neighborhood to place type proposal calls for up to 745 dwellings including 650 multif family units up to 85 ft in height 80 single family attached units and 15 detached single family units up to 5050 ft in height site is divided into four development areas areas a b c and d uh development areas a c and d are limited to single family attached or detached units petition uh requests optional Provisions including allowing parking and maneuvering to be located between the building and streets as generally depicted on the site plan allowing one parking space per Street for visitor drop off and parking um archit standards are proposed for multif family structures and single family attached Town Homes including preferred uh and prohibited building materials fronting buildings to public streets modulation articulation standards blank wall limitations minimum slope pitched roofs screening of mechanical equipment and service areas uh prohibition of driveways on individual units and front Stoops Transportation improvements will include dedication of additional RightWay on Providence and old Providence expanding existing bus waiting area uh building a 12ft multi-use path and 8T planting strip on Old Providence Road and 8ft sidewalk and 8ft planting strip on oh sorry multi-use path is on Providence Road 8ot sidewalk is on Old Providence Road petition will provide a Class C buffer a minimum of 10 ft in width at the Southern Property boundary and a 6ft masonry wall in that same location there's several outstanding issues in including traffic inact study has not been approved cross access connection between the site and the Horizon site to the north um which is petition 2023 023 should be coordinated uh the maximum Building height should be reduced clearly State the maximum development potential for all four development areas the plan should specify the number of units currently developed on site uh commit to providing a 12ft multi-us path along the along Horizon property development site if this uh petition is built out prior to the property to the north to allow uh access to the m Aline Creek Greenway through petition 03 eight um and meinberg County Park and wreck requests at 1 acre Park staff does not recommend approval of petition in current form site lacks connectivity uh to the north with petition 2023 uh 023 leading to four access points on Old Provence Road and three on Provence road that are less than a third of a mile apart TI has not been approved maximum permitted development potential is not clearly stated for each Development Area and the proposed height is unprecedented in the provent RO Providence Road Corridor happy to take any questions following Mr Brown's presentation Mr Brown good evening um mayor protim council members uh Jing committee members Colin Brown on behalf of the petitioner Northwood Raven a lot has been said so I'll try to expedite um we've got a few more petitions on the agenda we'd like to get to but um I would like to just say a few things um certainly enough has been said about kind of the comprehensive nature of this I do think this is UN precedent in my career uh to see major projects and major developers and nonprofits working together uh so I think that's exciting uh you Council Johnson's USA what's the cumulative impact and so to see these three with one traffic study I think is helpful uh I can attest a lot of time um especially Mr LaVine and Mr Wilson from Northwood Raven uh being going out and spend SP evenings in living rooms and dining rooms this will be a transformational project in an area that needs some transformation uh I think it's a testament to their efforts that we don't have several hundred people standing behind me tonight um I will say on this particular project Max has given a good overview but Mike Wilson and his team from Northwood Raven have really spent a lot of time with adjacent property eny you'll hear from one in a moment uh to to try and make some modifications ahead of time uh the road the internal Street network has been realigned especially this one on both ends at the request of uh neighborhoods here and here to give them a little space to line those up a little better uh there's been extensive conversation about the the buffer along this property line to give them um some greater separation preserving tree save in this area and certainly we've had to make some of changes to our plan to accommodate Horizon they have some restrictions uh by the way they're governed so that's constrained our plan a little bit uh but we're excited to continue working with them continue working with the neighborhood as we go forward see do uh and come back to you with a plan hopefully uh that we have staff supporting so I said to be quick I do want to give a moment um Kevin Chapman the president of the shambre neighborhood is here tonight if he would in mind I'll U ask him to speak and then we'll hear from opponents uh City Council Members thank you for the opportunity to address uh tonight the proposed resoning requested by Northwood Raven uh again my name is Kevin Chapman I'm here on behalf of the board of directors of the shamur homeowners association we are a neighborhood of 42 lot over 16 plus acres uh located directly across old Providence Road from this proposed development um look we love the area as it currently exists right now it's two fantastic single family homes and a gorgeous Farm but we're resigned to the fact that in reality this will be developed we've known this for many years um and frankly we'd prefer it occur with our involvement and so to that extent Daniel LaVine and Northwood Raven have been proactive in reaching out to us um responsive in trying to address our requests and uh the concerns that we've had uh traffic and maintaining full access specifically the ability to turn both left and right uh coming out of our neighborhood are concerns that we have raised on the several meetings we've had with the Northwood Raven team along with uh expanded access to turn both in and out of our community and to avoid congestion we are waiting for detailed plans and commitments and writing to reflect this but they have communicated their intent to address both items we're also waiting to see as many of you are the final results of the traffic impact study and any feedback from C dot to make sure it doesn't impact um requests that we've asked for and they've committed to work on us with at our request uh as uh as colum previously mentioned North aravan has shifted one of the proposed roads on the side to align with the existing old Providence Lane on our side which will help with traffic congestion we believe but similar to the staff we do have some concern about Project's height and hopefully that'll be continued to address um because you know is is taller than is is normal in the area so we're hoping for some relief on that point overall we've been very pleased with the responsiveness and communication of the north Raven team and their counselor throughout the process pending addressing and completing documentation of these mentioned items um as of today our board is generally in support of the Northwood Raven project we look forward to continued refinement with the Northwood Raven team going forward thank you Mr grills Mr chotard and Mr George you have 10 minutes in aggregate I want to start by stressing our pleasure with working with Northwood Raven with Mike and Daniel LaVine on LaVine property we've been meeting on and off since October when we first started started and it's been congenial we know we're not always going to agree on everything on either side but they they've been a pleasure to work with I'm not going to say everything I was planning to say tonight on this particular petition I want to stress that as we look at this you have to look at how do we feel about the policy map that is our future land juice it was voted in it's in effect we have to look at that you talk about the zoning I don't talk about the zoning I'm talking about the place types and you talk about the height there are two developments nearby Providence row which is at Fair viw new apartment complex up there it's limited to five stories half a mile or about a mile south of the Northwood Raven there's the connory uh profit Dixon uh resoning it's limited to 50 ft so 80 ft is not appro either for the corridor or for the place type and so we have to look at what are we going to do with the community area mapping we've gone through our workshops and it talks about councilman bukari brought it up we talked about cwal we don't want another cwal now cwal is difficult because it's in two different community area plans this is all in South Middle so you need to think about the policy map our community area as well as the exciting opportunity and I agree it's exciting but how does that excitement fit into our future land use that we voted on thank you thank you Mr chotard you have eight minutes left I'm be really quick and just two additional points to add on to the traffic analysis that I gave earlier one um Dennis mentioned that uh the of the connory at 50 ft as compared to this one um it just so happens that that site is also the same size they're both 20 acres so I think it's just a good parallel to think about the Conor's 241 units versus 745 units so a comment was made about a large investment and the need to make profit but we've got a site just nine iron down the road with 500 less units that seems to be a reasonable return for the developer so just that as a parallel and then last I just wanted to mention that all of the improvements that have been suggested and proposed and Jake's done a great job I think um working with C do are effectively baked into the ti already there's just not much more that can be done I'm sure little tweaks can be made but I think they've done just about everything they can be done so to say that we're having a positive impact on the traffic flows on Providence Road is true some certain intersections are being addressed there's some right of-way concerns with some of those that need to be addressed and then also if one of the three of these does not go through it needs to be certain that you know these improvements would be paid by the others um but the point I wanted to make was that in some certain intersections there are improvements being made but overall is there's nothing that can be done to mitigate the 22,000 trips that these are generating so it really is going to get back to they can't do anything to mitigate that just a question of density at the end of the day so for me it's going to come back to a tough decision for you between you know another neighborhood center and 1,00 units or gridlock on Providence Road is what it boils down to thank you thank you Mr did Mr George want to speak you have uh six minutes left thank you again uh you're quite right that these three rezonings are interconnected there's absolutely no way you can divorce one of one of the three um just I want to supplement exactly what what Chris has said about the ti it's not just the ti improvements there are something called access management improvements and they're distinguished from the improvements that are suggested by the TI and it's important to understand that there's no agreement now on exactly who pays for those access management improvements and what I mean by that is medians being built um U-turn signals being created to accommodate U-turn traffic which is part of what you do when you have a median so those things are not yet addressed and won't be addressed in the tis at all the ti does not address those items so either the city pays for those items or the developers pay for those items um now getting to the other issue you can see from the site plan that was uh originally put up here that there are uh two access points on all Providence two access points on Providence Road the two access points on Providence Road are right in right out uh there's an two access points on all Providence are uh full motion so um and you can see from the staff analysis that that creates a real conflict a vehicular conflict and a pedestrian conflict so we would hope that the Northern Road could be eliminated allog together and we've actually had discussions with Mike Wilson about that and uh I'm not going to speak on his behalf he can tell you what he thinks about that but originally we were told that that was a subdivision requirement and I'm uh telling you here that I've had conversations with Jos we Josh who's the subdivision head and uh only one road would actually be required so U it's something that hopefully we can address when we have further discussions with Mike Wilson the the real problem though is that the density is an issue it's a huge issue for all three of these projects but particularly this particular uh piece of property and when you when you look at what they're proposing they haven't had enough time to actually um figure out what buildings will be put where they have building envelopes and that violates the whole concept of mud o if you look at the list of items that have to be approved for mudo resoning it's very clear there are 15 separate items and it's important to know where the buildings are going to be located what their proximity Is to vehicular and pedestrian access all of that has to be taken into account and we have a building envelope the buildings can shift around and you really can't do that so under the mod mud o requirements um there's actually another section in the MTO 9. 8509 and it or 98510 and 9.8500 specifically says the Charlotte City Council you you people you all of you can impose requirements to to mitigate uh the in increased density and and other other aspects of this and there's no way to do it because all we see are building envelopes we don't really see any real detail about what's being proposed so that is an very important item it has to be addressed and old Providence if if if you end up with four two access points on Old Providence and two on Providence Road it is going to be a nightmare so that's basically all I have to say thanks thank you Mr Brown you have two minute rutal so thank you enough's been said um obviously we're going to continue working with the neighbors and staff um and council member Mari and anyone else who would like to be involved so have to take any questions you have thank you Mr B yes so I I won't repeat the last two opening statements from chapters one and two but all the same things apply uh just a couple comments and well from we heard and then at a macro level um I specifically I I think one of the points I'm going to disagree on and this is part of what we're going to do in the constructive neighborhood conversations that take place from this point forward is I don't think it's a binary decision that density of magnitude is not coming it's coming it just what form it's going to come when it's going to come and how much Community involvement is there in being to help shut shape some of the things around it so I I think my first punchline there is we don't get many transformational Transportation opportunities like this uh that is around uh this item and to Mr chard's point I I don't agree there's nothing we're going to be able to do and again we'll start these conversations and we'll figure out in good faith what can be achieved but the bottom line is this is a massive project of which we can push back on certain things as we understand what needs to be done but beyond that we can use this massive project as leverage for the responsibilities that the city of Charlotte and NC doot have in that Corridor and they are not fulfilling either so I don't think density is if this doesn't happen density is not going to occur and I don't think that if this doesn't occur or in some form or fashion with what we're doing somehow anything magically is going to change about Providence Road that is been a broken record for the seven years I've been sitting around here and nothing happens so one thing I'm excited about is the opportunity to use this in a macro sense to get all different parties involved to Kickstart what should have been happening a long time in that front that will either prove to come to fruition or not but the point is I want to make sure we don't come into these conversations with preconceived notions that it's all impossible when I say operating in good faith that's what I mean we're trying to find Solutions first and if they end up hitting a dead end so be it but good faith means we're going to try to get there together number two is um I think that uh this is another deep challenge you know the statement um that Mr grills you made that that I I agree with at some extent and and like is the question is how do we feel about the policy map and how do we feel about the place types I think there's two points I'll make here one is just in the time that the policy map and the place types have been there on little tiny things we have found deep contradictions and issues that back us into corners of this saying no you shouldn't but we're like why would that be the case so there's tons of flaws baked into all of that but even putting that aside the one thing this doesn't at all account for or consider is a massive like you know macro project like this that has the opportunity to change the face of anent ire part of town and I think that that makes us have to step back and say okay well what would this change because that kind of stuff is designed for folks to come in and they want this parcel or that parcel to see what the broader vision is see what the community benefits and what they want to achieve and then bake what they're doing into there it doesn't contemplate even remotely something of this magnitude so while we will consider that where I what I won't allow for is we go back to a point of pointing at and saying it says XYZ this is W therefore we can't do it we need to think out of the box creatively to say why was that put in place what does this new opportunity present us um in order to maximize everyone's win out of it and then finally uh my district doesn't get many affordable housing opt opportunities it's just the nature of what land costs basically um so when I see something in my district and of magnitude it isn't just about counting the numbers or the you you know potential rent amounts or whatever that is it's about magnifying this broader concept of upward mobility of wraparound Services of capabilities that will surround an exciting thing and be part of it baked in so those are some of the things and I just want to give you all a taste of again I'm going to push back and have been on the petitioner on staff but also on the community in in the hopes of finding what the core of the of the desired outcome is and we work toward in good faith the opportunity to get it solved so you can count on me I'll be anywhere you need me to be starting tomorrow morning we'll continue the conversation I started this morning uh to set up meetings to figure out what needs to happen but I cannot emphasize enough good faith is what I expect in return for my time over the next many months of going to work for you that's all I ask do I have a motion to close public hearing me can I ask question Miss Johnson I won't be long thank you I have a question when we talk about cumulative impact um just so I'm clear aren't these petitions adjacent to one another are they yes they're all um at the intersection basically at the intersection of Providence and old Providence so I'm looking at the school impact there are different schools that are listed they fall into different school districts the what the two petitions on the west side of Providence Road fall into one school district and the petion on the right on the east side falls into a different okay so okay I just when we're looking at the cumulative impact and the project scope this is an area where we can take a look some of the schools are the same that where we can take a look and look at the cumulative impact on the schools instead of looking at them one by one we're able to do that uh CMS provides memos for us um so we can we can get updated memos if necessary [Music] um so maybe this is when we talk about that referral to the committee um council member watlington this that's an area when we look at Pilot um when we look at the pilot we should look at the school impact cumulatively instead of a siloed approach this is a great example to show that we're not adding these together that we are looking at this independently so um this this is a great example and I'd like to take a look at it thank you that's all I have thank you I just want to remind us and we've had um several presentations in the transportation and planning committee that the CMS numbers that are in our packets um we can't just read them directly um like they represent the population a very specific rubric that they go by to determine these numbers and it doesn't directly correlate relate to what we believe is at capacity right and so I just want Mr Driggs has had presentations that hat CMS and his committee several times um and so I want to just make sure that if we do look at numbers like that we can't simply just add them up because that does that's not a true reflection of what CMS is indicating and that's right but neither is ignoring it so I just want to make sure that we're we just want to make sure that when we're looking at something and we're saying it's an apple that it is an apple and it's not at Orange that's all so we'll make sure we get the right information do I have a motion to close public hearing some move second all right all in favor raise hands that is unanimous we'll move on to agenda item number 34 petition number 2023 033 by crd Elizabeth LLC the location is approximately 1.63 Acres located along the northeast side of East 7th Street south of Lamar a and north of Clement a in District One my district the current zoning is CG proposed zoning is mud o staff does not recommend approval of this petition in its form and after staff's presentation Mr Evan Kettler Wes Bryant Colin Brown Britney lines and Larry Powers we'll have three minutes to speak in the affirmative thank you thank you this site is just over an acre and a half along the northeastern side of East 7 Street between Lamar and Clement Avenue it's located in the Elizabeth neighborhood on a corridor where we see a lot of commercial office and residential uses among mixed use developments it is currently Zone General commercial and they're proposing to go to mixed use development District optional the 2040 policy map calls for Neighborhood Activity Center at this site which this petition is inconsistent with the proposal itself would allow for for up to 213 residential units and up to 5600 Square ft of non-residential uses there are some prohibited uses such as car washes hotels and accessory drive-throughs there is one optional provision being requested to allow parking maneuvering in the setback and that's for the one space provided on Clement Avenue as called out in the site plan the minimum parking spaces being provided are 1.1 space per residential unit and the building would have a Max maimum height of 78 ft with a step down and height up the rear of the proposed building where the site is adjacent to single family uses there would be an 8ft planning sh and 8ft sidewalk along all three frontes the petitioner commits to upgrade the rapid flashing Beacon pedestrian Crossing at Avenue and East 7th Street by providing an upgraded pedestrian Crossing at Lamar Avenue and East 7th Street there is provided a bicycle parking within 50 F feet of the entry of each commercial occupancy at a rate of one space per 500 square feet provides architectural standards related to Preferred building materials building massing and height pedestrian oriented building placement transparency requirements and others there's a commitment to a 20ft rear yard along the sides uh rear backside with plantings to provide screening against the adjacent single family homes there would also be an 8ft masonry wall along that rear boundary line they provide screening details for the parking deck and notes that the intention is for the majority of the parking structure to be located below grade and commits to freestanding light structures with that are no more than 21 ft in height staff does not recommend approval of this petition in its current form the proposal is inconsistent with the adopted Neighborhood Activity Center Place type the Elizabeth area is divined by low to midrise structures along pedestrian corridors where mixed use and denser developments intentionally transition to the adjacent single family neighborhoods with moderate height limitations and the Adaptive reuse of single family structures this proposal would entitle the site to a scale of development that is not compatible with the adopted Place type as well as the existing buildings in that area buildings that align with a Neighborhood Activity Center Place type would not have a base height exceeding 65 ft and in its current form the 78ft tall building being proposed is in congruent with the intent of this place type and um it's not being mindful of the adjacent uses it also does not assimilate to the long established character as well as the newer developments that we've seen in Elizabeth we have requested that the petitioner decrease the maximum height to no more than 65 ft and provide additional details in h in the notes as to how the height plane transitions to the neighborhood one areas at the rear our other outstanding issues are related to transportation and a commitment to non-residential the minimum amount of non-residential uses that may be located on the ground floor the adoption of this proposal as is would modify the adopted Place type to community Activity Center as opposed to Neighborhood Activity Center so a small application of this denser more urban place type would be inappropriate and does not meet our criteria when we are assessing as Place type change although we do expect further densification to occur in this neighborhood we believe that new developments must be cognizant of the existing neighborhood character the uses proposed are consistent with the place type but we would just like to see the sight and building design also conform with this adopt policy I'll take any questions after the petitioner's presentation thank you and Mr Brown because staff is not in approval of this petition you will have 10 minutes to address this thank you for saying that because in all the years I've done this I was suddenly thinking we only had three minutes and was Expediting everything in my head so thank you uh mayor proam uh Colin Brown on behalf of the petitioner um Centrum realy notice I'm talking slower now but uh happy to go ahead and get through this uh this has been a project that is a long time coming um Larry powers and his team have spent an extensive amount of time uh working with the um Property Owners uh the Elizabeth Community Association on this project uh and really and I kind of hate to bring up the the byright boogeyman but the truth is really evaluating well what can be done by right what can be done with a zoning and what was figured out I'm not going to kind of wave the boogeyman I think I'll let the ECA speak to that um certainly something can be built by right when you conform to the ordinance you kind of get a box and I think the Elizabeth Community Association really challenge the development team uh to work with them to take the time and spend uh over a year going through a detailed design uh to try and address the priorities that the Elizabeth Community Association set forth uh I don't think we've made all of the people happy all of the time uh but I think the project um it has a very thoughtful design uh I hope you'll hear that from U the Elizabeth Community Association officers uh that are joining me tonight U so the current zoning on the site um is commercial General uh that would allow a certain type of development um we do think we look to the 20 240 plan that has a neighborhood center designation it would allow a height with bonuses up to the heights that we're talking about but it's important um really that the the thrust of the rezoning is though we are asking for a maximum height of 78 ft this project has been thoughtfully designed to step that height down down in the rear and be much much lower at the rear of the site where there's been the greatest sensitivity from the neighborhood uh so kind of to do that step down we're asking for a little more on Seventh Street uh which we think is an area that can um handle that intensity so that's really the thrust of our conditional plan uh there's some height planes built into that so you can see from this image here which is part of our rezoning document we've got some height up here on Seventh Street and then it transitions down uh as was also mentioned in the staff report this would have underground parking uh includes uh some design guidelines and some conceptual images so you can see the building and again this is really that look from Lamar I've got some better elevations uh later but I I want to give plenty of time uh to the folks from the ECA but I did want to show maybe this rendering that shows it the best so we do have height that height is concentrated up on 7th Street we've even got a step back there and then really stepping down as we move to the neighborhood uh with a thoughtful design throughout um so appreciate um all the time that the Elizabeth Community Association and its officers have put into this petition and I will pause there and turn it over to Evan kler um to share their perspective I need a lower mic um I'm Evan kler I'm the vice president of the Elizabeth Community Association I'm also the chair of our land use and development team we have a total of about 10 people typically working on that team Architects attorneys commercial developers longtime Community residents and Community activists we we have encouraged this petitioner to move forward with this we've work with them actually for 18 months we contacted them the day we heard that that property had been sold it had been land banked for many years it was occupied by abandoned buildings to be honest with you uh and it had been in that condition for some period of time this petitioner actually um fulfilled our objectives to be honest with you and I say that in the sense of we we knew that we were running these twin paths it was a binary choice we could go Udo and we know what the Udo in a Neighborhood Activity Center looks like and we know that developers are set to optimize and so it was going to be 65 ft in front and 50 ft in the back with with whatever goes with it with with whatever goes with the code and the ordinances we challenged them to come up with something of beauty that would be more reflective of this particular neighborhood this particular site and more respectful of the smaller scale development nearby because 50 ft right outside your backyard 20 ft away is really not what we had hoped for we've gotten everything we asked for and that's why we are here today we we accept the greater height on 7th street because there's so much less height on the e8th street side we have improved setbacks we have step backs all over the place the look of the building and the design is is designed is tailored for that particular spot um we shifted the mass the developer did we we got community specific architecture and materials of a high quality the the landscape is is enhanced and that masonry buffer a six to eight foot high masonry wall will cost this developer quite a pretty penny but it will ensure the privacy of those nearby neighbors and we're we're happy to hear that um the parking ratio we challenge them to improve upon the minimum parking ratio provided in the Udo our path here all along has been what's it going to be Udo by right with no influence from the neighborhood or this mud resoning which we are fully supportive of and for those reasons um we're really trying to build something special there and honestly if you look at these renderings this would be a beautiful building it will be a housing type that we lack in Elizabeth because we have a shortage of elevator buildings there's just not very much of it um and and we're not we're less concerned with the president than we are with the president for doing the right thing in the right place and that's what we're looking for here thank you very much thank you you have about three and a half minutes left hello I'm Wes bran I'm the president of the Elizabeth Community Association thank you for hearing us tonight um I'm not going to repeat because uh you know as you might imagine we we share we've been working together for a long time so we share a lot of the same thoughts um you I do want to reiterate that you know we we approached this this team the Centrum team with a of optimism due to where this particular project would be located it's in a very central part of our neighborhood a focal point not just for those neighbors around there but for the whole neighborhood and really connects to a part that's already very activated um just just up the road it also is is a focal point for those that work and visit our community um because of its proximity to Independence Park um and you know maybe I'm St the obvious but it was a lot more work to go at it this way for everybody um you know we we spent an incredible amount of time uh person hours worth of phone calls emails ad hoc meetings on sidewalks and porches um small group meetings uh meetings in Neighbors living rooms larger community community meetings where we really tried to pull out as as much as we could from the community to kind of get their input special to to Elizabeth for for our needs and and the the needs of those that that work and live and play in our neighborhood um you know and and as you might note like we were not able to satisfy every single person um you know you ask 10 neighbors they're all really smart really caring people you get 11 different answers and and sometimes those answers will change over time so we really did our best to you know SP you know bridge that gamut between let these properties Go Back To Nature and let them build whatever they want want and everything in between um you know as a leader of a volunteer Community Association elected by our peers you know I want to commend the entire team for being able to synthesize and contextualize all that feedback um into something that I I really do think is is pretty amazing and um will serve us well for for many many decades in the future um and you know again I I just to kind of sum up and I'll stop now um after this uh this focal point of our neighborhood would really benefit from a project like this and uh we would ask you to please vote in favor of this petition thank you for your time thank you thank you I will say I I believe Evan uh reached out to me the day that he found out that this property was sold so we've been talking about this particular property and working on it and ideating with the neighbors I've met with Evan and Wes several times um throughout this process and um there are some concerns um in the neighborhood I've set in some some homes and looked at some of this particular property that's directly adjacent to neighbors and there has been some collaboration which has been great and so I'm I'm grateful Evan and Wes that you are representing the entire neighborhood and collectively listening to all the voices and working for what's the right answer for Elizabeth so um I'm I'm happy that we're at a point CU we really have been working on this for a while so thank you Miss ashme yes I just wanted to thank aan and West for being here it's almost 10 it just shows how committed you are uh and how much you care about your Elizabeth neighborhood it certainly speaks a volume so thank you thank you do I have a motion to close public hearing so move second all right all in favor raise hands that is unanimous thank you both thank you we'll move on to uh P agenda item number 35 petition number 2023 d42 by Willmore preservation LLC the location is approximately 3.23 Acres located on the northeastern corner of the intersection of West Boulevard in mint Street in distri District 3 Miss Brown's District the current zoning is n1d proposed zoning is mud o HDO staff recommends the approval of this petition upon resolution of outstanding issues related to Transportation site and building design after um staff's presentation we will hear um from Miss Valerie Barry and Cullen Brown and Others May I ask is uh Miss jod moan you're still here okay so you will have the opportunity to speak against this petition after we hear from Mr Brown and team thank you thank you petition 2023-2024 Acres located on the northeastern corner of the intersection of West Boulevard and mint Street side of the Wilmore former Wilmore School current zoning is n1d proposed zoning is mudo HDO 2040 policy map recommends neighborhood one place type the proposal is to redevelop the site of the Wilmore School including adaptive reuse of the existing School building would allow for up to 250 multifam and or single family attached residential units as well as 3500 ft² of retail Ed or personal service uses and 4,300 ft of office community recreation centers museums theaters Galleries and other similar indoor community facilities would prohib prohibit several uses including adult establishments automotive service stations Building Material sales bus passenger stations children's homes telecommunications and data storage facilities utility and related facilities and warehousing within an enclosed building for self storage allows for conversion of multif family residential units as a at a ratio of one residential unit per 1,000 square ft of office uses up to a maximum of 190,000 square ft request uh few optional Provisions to allow the existing Wilmore School building to remain and to be renovated without being brought into full compliance with mud design standards to allow existing off street parking and maneuvering areas between the Wilmore School building and public streets to remain and to allow existing parking infrastructure to function in the current location we limit Building height to 65 ft in the center of the site with transition down to 55 ft along mint Street and 37 ft along West Kingston Avenue commits to negotiating building materials and massing with HDC and hlc prohibits vinyl siding and concrete Masonry as exterior building materials provides a 10-ft class SE buffer with fence along the Eastern property boundary access would be from West Boulevard M Street and Kingston Avenue commits to providing a 12ft multi-use path along West Boulevard and 8ft planning strip and 8ot sidewalk along both mint Street and Kingston Avenue and we'll install APS push buttons and pedestrian ramp upgrades of the existing traffic signal at West Bard and mint Street staff recommends approval of the petition upon resolution of outstanding issues related to transportation and site and building design um most notably uh the HDC did approve a plan um I believe two months ago and just making sure that all of the the measurements that are cited on that hdcc plan match What's um on the rezoning plan it is inconsistent with neighborhood one place type however would allow for the Adaptive reuse of the school building as well as new construction um as I mentioned HDC has has approved um the plan and HDC and hlc will will remain involved through the permitting process to ensure compatibility uh of the new building with the former School building and surrounding Wilmore community and I will take any questions following the petitioners presentation and comments from the opposition thank you Mr Brown you have 10 minutes thank you mayor protm Colin Brown on behalf of the petitioner Willmore preservation LLC uh this development team has been through it all they are buying a property from CMS that is a Historic Landmark within a historic district so they are they're going through the Hoops what has been the most important thing in this conversation about this site uh from the community has been the preservation of that historic School I think that is one of the reasons this development team was selected for the project uh the resoning frankly is fairly straightforward um staff has done a good job on the overview uh we are using the mud o zoning District frankly we need some of those optional Provisions to be able to maintain that existing structure uh so this is one of those petitions that we had to bring to you this month by the deadline um but our rezoning petition is fairly basic uh the the n and bolts of it are essentially maintaining the existing School U with a view from West Boulevard um construction of a new mixed use building behind that and then some Town Homes um along Kingston but the key here uh most of the design is not built in the zoning document because this site has so many layers of approval generally most of the design has been handled by the HDC the historic district commission as Max mentioned uh they have so our zoning plan fairly simple so I don't have a lot of detail to share with you on that tonight uh but it does uh contain the commitments to preserve the school and those General design guidelines that Max mentioned uh the great the bulk of the importance the design of this building how it fits in the neighborhood uh how it relates to this uh surrounding Community has been handled through the historic district commission process uh I'm going to kind of turn it over to some others to to talk about that um so steuart Gray from historic landmarks I'll ask us speak next about their perspective uh and then I believe we have a member of the community as well the neighborhood has been has been very involved in this process so steuart I'll turn over to you okay here's let's just look at this one uh good evening mayor protim uh members of the council and the Planning Commission I'm Stuart gray staff director of the hlc the Charlotte Mecklenberg historic landmarks commission we are the preservation commission for the city of Charlotte for individual properties like the Wilmore School and we've just celebrated our 50th Anniversary uh of serving the city of Charlotte I'm glad to be here to support an important preservation effort the rehabilitation and adaptive reuse of the Wilmore School which is singularly important uh which is a singularly important historic element of the Wilmore neighborhood Charlotte City Council designated the Wilmore School as a Historic Landmark in 2018 since that time the historic building has languished and deteriorated the proposed rezoning for this property would save the historic Wilmore School and if the rezoning is denied I'm afraid that the nearly 100y old school building will be lost I applaud CMS for choosing a developer dedicated to the preservation of the historic school but if this resoning fails I'm afraid the whole process for finding and approving a new preservation friendly development plan for the site would take so long that the preservation of the school would event would eventually be a failure that the historic school would be doomed if the proposed development precedes the neglected site has the potential to become a character defining feature of Wilmore the Redevelopment of the school would benefit the neighborhood reflect well on the city and demonstrate a much needed additional example of development that celebrates the city's character and history by Saving and incorporating Charlotte's historic buildings the Charlotte historic District's commission and the landmarks commission have already reviewed and approved the site's development plan especially significant in the plan plan is the proposed removal of a 1980s addition that currently obscures much of the school's facade the development of the rest of the site is designed in such a way that the restored School building will be the new Project's most prominent element along West Boulevard I can talk a lot more about the significance of the building the architecture and how it reflects the history of Wilmore but I'll be glad and I would be glad to answer any questions you may have but I think it's more important to sh a situation playing out in Charlotte an application for the demolition of the Midwood School a designated historic Lark in the plaza Midwood neighborhood has been filed with the hlc the hlc can only delay that approval and the outlook for that important Historic charlot Landmark is bad it probably will be demolished this year in the case of the Wilmore School the development plan includes a permanent preservation Covenant with preservation North Carolina that means if this resoning is approved the Willmore school will be protected and will continue to contribute to the character of the Wilmore of the character of Wilmore and the City of Charlotte for generations to come with this body uh when this body voted to designate this property as a landmark back in 2018 they likely save sa D the closed school from Demolition at that time for its permanent preservation this Council should approve this resoning so that the restored Rehabilitation and permanent preservation of the Wilmore School can proceed thank you thank you you have four minutes left good evening I'm Valerie Barry I live on Wilmore Drive so wanted to come share my support for this project as a neighbor tonight um you've seen some slides of the design the town home portion they took a lot of input from the community and neighborhoods and made the design very cohesive with all the neighboring homes um also the ReUse of the school is just going to keep the charm of the historic neighborhood at what it is right now the current state of the school like you saw those photos it really attracts vandalism and crime right now so getting a project like this in the neighborhood would really just be a great impact and bring that site up to par with the rest of the neighborhood that's it thanks thank you um we'll we'll let the opponent speak and then be happy to take any questions after that okay great M Mahan you have 10 minutes good evening my name is Jody Monahan U my my husband and Steve and I live right across the street from the the current Wilmore School we're at 1724 South mint Street um there are probably five or six properties right there that are directly looking at at the school right now and have been um for the past Century or so uh I I would say that um we we were not consulted there was there was no one that reached out to us directly um and some of the some of the comments that were made at the historic district meeting um the the immediately adjacent properties have voed concerns and opposition to the plan structure um we like many of our neighbors were thrilled when the building was designated as a historic um landmark and um in keeping with the fact that we we bought a house in a historic neighborhood and did not want to live in an area that was Dorth and had a bunch of different um you large houses being built and just completely change the character of of that neighborhood if you look at what's happened on ideal way we were not looking for anything like that um and I would say that the the committee should reject this this proposed use and preservation alleged preservation of the building um I I think that the the plans as proposed um essentially block what those of us who live directly there and are used to seeing the the school building um majority of the neighborhood will no longer be able to see it based on the plans that have um been brought forth uh directly across the street from us now instead of having some wide some open spaces and the school there will be a 50ft mountain built um and I do think that that directly affects the uh historic district uh of of Wilmore um I just to quote the the Charlotte historic district design standards um these historical districts are residential areas that date from the early 20th century and have Rich collections of historic buildings with various architectural Styles Street patterns open spaces and Landscaping uh these minute areas there's only eight of them um have become more treasured as they survive subsequent generations of development Charlotte has wisely designated these neighborhoods as local historic districts to celebrate this uniqueness and offer additional regulatory protection for their preservation um as noted in in the presentation that was just up there um the actual the use does not correspond with the city's um 2040 policy plan um we are a unique and vibrant neighborhood um the purpose of having a designated historic neighborhood is to preserve the energy and the uniqueness of those neighborhoods there is um the hdc's objective is to maintain historic human scale pedestrian orientation and visual variety of streetscape uh clearly this this affects the the human scale and pedestrian orientation tremendously uh again as I've St previously those of us who were immediately adjacent to this property will no longer have a view of the protected property that we were all so happy to have protected again living across the street as well I'm I'm aware of the vandalism and the crime and it's not it's not very much I mean there has been a few break-ins we've seen some some high school kids over there on a few occasions but for the most part we have not experienced any significant crime or seen anything that is overly concerning um and while I commend both the historic district and petitioners I know that there's been as stated there's been multiple iterations of the plans um but nothing that has come from and even the most recent um modifications the plans uh do I think that there's been a workable solution that both preserves the school and preserves the Integrity of the community as a historic district as a whole um so and again as as a neighbor who was very happy to have that particular building restored I went to I went to school in an elementary school like that I think it would make a beautiful condominium complex uh but not at the expense of the rest of the neighborhood so I can't I cannot support saving one building at the expense of the rest of the community and I do think that introducing such a large scale apartment building in what is generally a single family residential if you there are duplexes quadruplexes and triplexes and that's fine um I I would point to the example of the the condominium complex the new uh condominium complex on West Boulevard that's I think it's called Kingston on West um that would be lovely I I would be supportive of that you know they're limited to their three stories I believe and and I do think that that is in keeping with the character of the neighborhood and again my my main concern is that an apartment building by nature is more transient than single family dwelling or even a condominium where you can purchase these you just the unit and you've become a member of the community I don't think that an apartment complex has that same um Vibe if you will that would continue to enrich and allow this to be a a historic district I think that the the cont contributing factors of having multi-use and commercial use is going to lead it's a it starts a slippery slope and it leads the neighborhood to less and less historic and I do think will eventually in generations to come um I think it will actually detract from the overall specialness and uniqueness of having a designated historic district um the only the last thing I'll say is I I I do believe in some of the the comments that the historic district that pner says that the building will appeal to those who wish to move out of the South End party area um however in realityy I think that once that party phase of your life is over uh generally the decision to move is to be able to purchase a property so you can start developing equity and home ownership and I would you know our next door neighbors actually are a good example of that and they lived in south end for many years bought the house next door to us at the corner of mint in West and in 2020 and now they have started a family and they have a baby that is a year and a half um those are the kind of families that I think we want in that area I think again the apartment use is is in complete um complete contrast to having a historic district single family neighborhood okay I'm not going to cry um again it's only one of eight designated historic District neighborhoods I would encourage the committee to deny the resoning position as it stands now thank you thank you Mr Brown you have two minutes um thank you uh I will say in my experience too it is almost impossible to offer diverse Price Point housing in a historic district it is incredibly difficult to deliver any any for rent product um and it this development team uh led by charl long who's a Charlotte native has just done an incredible job um sorry if I can get my slides back up quick leading this and on this site um there is really a a very interesting if we could get my slide deck um I just want to show you what is mixed in the site uh because the importance is preserving the school so this allows that um let me move and this has a variety so on Kingston This is the look from Kingston uh these are town home style units on Kingston that were designed to blend in with neighborhood and have that single family look so if you see it from the street that does not look like an apartment building cuz it's not uh that's the look there from the corner that mask this apartment building which sits in the middle of the site so it's clear it's hidden from Kingston by these town home style units and then as we go to West this is the facade of the old school uh as was mentioned currently there's this old 80s Edition on the front of it that gets cleared and so the site that you have from West Boulevard is a of the old school and then there is an apartment and mixed use project between those buildings so it's really an incredible job that this team has done uh and I can't tell you the detail and the hours that the historic landmarks uh commission and their board have put into this design and U I thought it was incredible uh that this team was able to uh to get their endorsement and so happy to be um here and happy to take any questions Charlton long who's led the design is here you have any technical questions for him thank you any questions oh yeah yeah I I just have a c comment I mean I haven't seen anything like this this is very creative where you are preserving the site while um while trying to uh reuse so very and preserving the neighborhood's character cuz the first picture that you showed us that really looks like it yeah it fits in with the neighborhood's character to uh speaker point I think was it jod yeah okay yes so just by reading it it was difficult to understand how it fits in but if you look at the pictures I think that addresses your concerns around neighborhood character and how this preserves it but that's all I have hang on you hang on you can't really speak from if you can are you asking her a question no I don't have questions but her concern was around neighborhood's character preservation of that so if you look at the picture I'm just telling my colleagues uh the first picture that Mr Brown showed us that addresses how this ties in with the neighborhood's character the Wilmore neighborhood it's um it's it's historic and certainly has very um it's it's beautiful um so that's all I have thank you thank you Miss Brown absolutely you know that you know that West Boulevard uh is near and dear to my heart and especially I grew up in the Wilmore Center um I went to marij Davis Elementary and so all of my friends went to Wilmore School so miss jod I definitely can relate to you and um just to see um to hear you um choke up I understand um as a charlatan and just seeing historic neighborhoods evaporate disappear um in our in our city as the city continue to grow so um you weigh heavily on my heart um with your comments and your concerns I feel I can relate completely can relate I also um I respect um Mr Brown Mr Colin Brown I know this project has to be something that was done way before I came along um and so I sit in the chair now which I have a tough tough tough position as I sit in the chair for things that have already been um orchestrated or in the making before I came along and then come this phenomenal District rep from District 3 that's lived in the district her entire life and get to see and can relate to every aspect of Willmore and it is truly Like Home to me so this is a tough one and um I'd be interested to hear I see that we had um in the community that were 16 people in the meeting but I'm also looking at 250 multifam and single family attached residential units um but Mr Brown I'll be in touch with you I'll be speaking with you so we can go into detail and I certainly would like to include you um and thank you so much for staying past 10 yeah that shows your commitment your dedication to the preservation of your neighborhood and good old Willmore so thank you so much that's all I have May thank you do I have a motion to close public all in favor raise hands that is unanimous we'll move on to agenda item number 36 petition number 20244 by the DRS Group LLC the location is approximately 4.1 Acres located on the east side of South Tren West of nation's Ford and north of Queen an Road in District 3 Miss Brown's District current zoning is n1b proposed zoning is into ACD staff recommends approval of this petition upon resolution of outstanding issues related to transportation is Miss Donna kups here okay great I just wanted to make sure you still here because we're sort of in the uh 11th hour here so after staff's presentation then um Mr Nolan gross will have 10 minutes to speak in the affirmative and Miss gup will have 10 minutes to speak against thank you thank you petition 2024 d004 is approximately 4.1 Acres located on the east side of South Tron Street West of nation's Ford Road and North of Queen Andro 37 is that not happen current zoning is n1b proposed zoning is n2ac CD 2040 policy map recommends neighbor Hood one place type the proposal is for a community of up to 50 multif family attached residential dwellings in buildings containing either two or three units commits to a 15t class C landscape yard with fence along uh all property boundaries except for the South Trion Street Frontage provides an 8ot planning strip and 12T multi-use path along South Trion Street Frontage Building height will be limited to 48 ft to constructing usable front porches or Stoops for all units as well as providing recess garage doors transparency Andor enhanced Hardware treatments for each unit staff recommends approval of the petition upon resolution of outstanding issues related to Transportation um just a couple of Transportation issues highlighted by a request for a right turn lane into the site uh to is inconsistent with the neighborhood one place type however the uh the site is a Remnant parcel provide an additional housing option in the South Trion Street Corridor as well as improving multimodal mobility in that Corridor through the multi-use path and I will take any questions following the petitioner presentation and opposition comments thank you Mr cruss thank you good evening mayor protim members of city council and the zoning committee NL and gross with Urban Design Partners representing the DS Group LLC on resoning petition 2024 d004 but but this isn't my presentation Joe or hotley got it up in the booth yeah thank you but in the interest of time I I won't take up too much time tonight I know we're running late this evening Joe's highlighted a lot of features within our resoning petition proposing up to 50 multifam attached town home units uh we held our required neighborhood meeting and had low turn out however we received good feedback um in the interest to Garner neighborhood support and really determine how this proposal would impact residents we held two in-person meetings with the neighborhood uh there were four predominant factors and concerns that came from those meetings be it traffic buffers and screening building elevation and the proposed storm water control measure so first off the proposed stormw water Pond we provided information on where where it's located at the low end of the site why it's located there and how it functions as well as it being a city requirement uh building elevations as Joe mentioned in his presentation we're committing to numerous architectural features that are above and beyond the minimum of code standards uh brick and stone siding cines fiber siding uh recessed garage doors um transparency features enhanced Hardware um each town home shall also have usable front porch or sto so we're trying to commit to facade elevations that provide an aesthetic blend with the existing neighborhood the buffers and fencing we're we're going above and beyond the 10t classy landscape yard requirement we've increased that by 15% around the entire property to Encompass a 15t classy landscape yard that will also include a minimum 6 foot privacy fence surrounding the entire site and the predominant concern traffic um you know traffic's always a concern to mitigate those as Joe mentioned there is an outstanding issue related to a right turn lane Lan we've been coordinating with C do as well as ncdot we are committing to the installation of a right turn lane along the frontage of South Tron street so in our resubmittal Thursday the site plan will be modified to include the visual of that right turn lane as well as an updated development note committing to its installation um looks like we're having some technical issues loading the presentation but with that being said I'm happy to answer any questions city council may have following the opposition's presentation thank you Miss Donna canup please watch your step coming down good evening good evening bear with me my voice amplifies and I don't hear very well so so I'm just going to go through this quickly it's late and I know everybody's tired my name is Donna canup and I'm here to speak to you on behalf of the people in yorkmont Park Community regarding the petition 20244 this resoning for the development of 50 town homes on property located at 5215 South TR Street this property lies within yorkmont Park Community it lies between skipwith and South Southampton Road it's located yorkmont Park is located between South Trine and nation's Ford Road kind of have two sides there so to speak the community consists of approximately 400 homes that's not counting cile apartments and two other town home developments on Nation Ford Road yorkmont Park began around 1959 the neighborhood has been the home of many generations Working Class People striving to live their lives raise their children sometimes grandchildren and enjoy the community concerns of this resoning petition are as follows okay the first thing is the congestion at the intersection of sou TR Nations forward in yorkmont Road it backs up very quickly this uh we already have a zoning a development going in at 50 5106 I believe it is South TR Street that's 33 town homes that have been approved directly across the street at Kingman Drive they are in the process now of grading and so forth to go in with the development of as I understand 39 Town town homes so the neighborhood is very concerned about the backup of traffic okay uh try and carries a phenomenal amount of traffic every day and it goes all the way from town past town all the way down to Lake wey and then into Lake wey so we carry a lot of all that traffic to South Carolina traffic okay that uh that that's probably first and uh foremost was the uh more traffic on South TR street it also put it on could put it on Nations Ford because there are four ways in and out of the park okay Queen an road is a main three-way I considered a main throughway and Nations Ford is a main throughway so you can go from for and quickly get over to South Trine all through the park as a matter of fact down Southampton down skip with or you can come in Queen an and you go all the way through to Nations Ford Road that was another concern that came up was cut through traffic we're concerned about that we already have it uh we have had it for years on Nations Ford Road we currently they're they're just now finishing up a 90 room through Hotel on the corner of Nations fora and tyol okay we have the other hotels within there's probably I know four or five so we already have that traffic coming through plus when anything happens on the interstate they will rout these people off on tiola or Nations Ford to come on nation's forward and you can quickly people learn quickly down Sleepy Hollow Street and go straight through straight through you going to get over to tr Street if that's where you're going okay so or or you can go out to tiola you know either way either way it's a cut through it's cut through for us because people people will use main it's sleepy holla and queen an RO okay also on uh on Queen Anne Road we were fortunate enough to get a uh 7-Eleven down on the corner of tyan South Trine we also have a public storage and now we have a Dunkin Donuts so we're getting that traffic as well so that's a that that's a real concern to the neighborhood more cut through traffic uh they folks were not happy with the number of town homes they feel that 50 is just far too too many just too many for the neighborhood um they did not like the height like the hey three story they feel they feel that that uh could in somehow invade their privacy the people that back up to it their yards connect with it okay uh and I know that that's uh in the plan now uh with these folks about fencing uh they're talking about 6ot privacy fencing and we appreciate that we'd rather see8 or 10 foot you know you're talking about 48 foot of town homes versus one level of a average home in York m park I don't know the height because I couldn't hold the uh I couldn't find it on my any paperwork I had on my house so again I couldn't hold tape measure up there didn't have nobody on the roof to hold it to find out the actual height of my house but I can tell you that the town homes would Tower quite over it okay so that's that's that's concern is the height of it invasion of their privacy now I'm talking about Skip with skip with and Shady Grove I call it an upside down ale where this property's these Town Homes would see it okay you got one one side of skip withd and you go down you got that part of shady grow and I'm talking about these folks that their property actually does aoin this propped in question uh additional parking they have put in their plan we appreciate that uh but we still have concerns about side street parking okay you got skip with you got Southampton I walk it I know how many steps it is from A to B uh you know if I if I walk up come down Southampton and I'm going uh toward town then this would you know I I don't know it's just it's it's I I lost my train of thought there I don't know but anyway it's it's a short distance it's a short distance there so uh in other words what I'm trying to say is if somebody parked on Southampton to go around to the town homes to a party or whatever they don't have far to go they can come down Southampton pull over and park on that street walk a few feet and they're right there at the Town Homes that's how close it is in do the same thing with skip with same same same situation I'm going to have to wind this up because I I think I've sat here too long tonight and and and uh so forth but uh these are these are the primary concern you know about these Town Homes another thing was the uh dry Pond we're we we don't know anything about dry ponds these folks don't know much about dry ponds we've never dealt with that we're neighborhood okay we have City Water city sewer so but in talking with these folks they assure me that their plan will be more than safe for the neighborhood you have one minute left okay I've lived in Charlotte all my life and I've lived in yorkmont park for 53 years there have been a mix we're a mixture of people we're a mixture of age we're currently overwhelmed with children again we kind of turn you know every so many years we kind of turn our children don't have a playground okay we had one they took it out they never gave it back something to do with the lead paint and the equipment so our to children in the neighborhood rely on their backyards sometimes front but mostly their backyards and they enjoy that okay uh the people feel that you know growth is is is is a good thing and and of course I am my thank you Miss K thank you okay thank you Mr G you have have two minutes for your rebuttal all right looks like we have our presentation up so I'm going to go ahead and jump over to the rendered site plan for a little visual aesthetic while we're running through a few of these Donna thanks for being here tonight we met with Donna in person twice she's been great to work with uh very assistive and getting feedback from the community I'll touch on a few points that she brought up so these are proposed four sale market rate units geared toward firsttime home buyers um trying to bring in a wide variety of folks to the community and allow additional housing that can support people of all ages um existing development on South Trion as as Donna did mentioned there are Town Homes to the east of the S so we're trying to continue an existing Trend while providing that additional variety of housing with in relation to cut through traffic this is South Tron Street there is a lot of traffic in the area given we only have 4.1 acres and 50 multif family attached town home units we're limited on what we can do to mitigate those impacts with that being said providing a dedicated right turn lane outside of the existing two through Lanes will allow traffic turning into the site to get out of the flow of traffic slow down and safely turn into the site in relation to privacy and height the buildings at the southern end of the site plane that you can see on the screen are approximately 120 ft from the property line we we increase that landscape yard to 15 feet to try to provide additional buffer as well as the screening fence being in mind that there are existing homes in this area um skip with to the east units are designed to front and face South Tri as well as interior to the site on Green Space so there would only be sidewalls fronting those rear yards giving as much privacy to the existing neighborhood as possible happy to answer any questions thank you any questions m brown there you yeah it's more like I last it's my D go ahead you sure yeah POS she wants me to go first go ahead um just see Miss Kano thank you so much for being here you're uh this is one of the last resoning petitions and appreciate you speaking and waiting till till 10:30 almost um in terms of um infrastructure and congestion cut through traffic that's what we hear throughout the city almost in every resoning petition and that's something that we as the council have to address um petitioner with 50 um units that's not something they can address as part of the infrastructure that's um so I certainly appreciate the buffer that you're providing to address some concerns that Miss kup has raised in terms of height she had mentioned invasion of privacy and just the height can you tell us uh what is the height of this and what is the height of the nearest uh home sure so most of the where where is it located most of the abing the majority of the abing properties are one story ranch style homes uh I believe the one at the corner here maybe one and a half and internally these are proposed as three story town home units three story so this the homes abing homes are all single family correct so one story okay around the immediate vicinity as she mentioned uh the reverse L skip with Shady Grove is down here to the southern end and then Southampton Street is on the western edge yeah and what is the buffer between uh to the right and to the left so around the extra ity of the entire site is a minimum 15t classy landscape yard along with a 6t privacy fence where where these buildings are located it's beyond that 15 ft I believe the closest in this area at the southern end is 20 ft from the property line uh when you start looking South you're you're north of 120 ft to the property line and the majority of these homes as you can see along skipwith placed they're not they're not located at the rear of their Parcels there's an additional buffer so between this front unit along South Tron to this existing home there's over 30 yard there's roughly 30 yards 9 90 to 100 ft and is there a is this natural buffer is it like uh or yeah so there is exist there's an existing there's existing foliage on site if it must be removed it would be replanted ideally we can keep as much foliage as possible to remain within that screening and on the left as well is that natural walk correct so all the way around the property what you're seeing in the southwestern corner is the proposed green area for the tree save that's all I have uh thank you thank you thank you so much good seeing you again thank you mayor protim so this is um this presentation is not new to me because I try to meet with the constituents and the developers I did speak with um Nolan and they explain exp to me what their project was from Miss kup thank you so much um it's truly a blessing to be born and raised in Charlotte and when I say my entire family lives in District 3 I mean that York Mount Park my aunt lives over there my family they're resting peacefully across the street in the cemetery many of them we're all designated to go there so I'm very familiar with Southampton cuz that's where I spent a lot of my childhood time it's unfortunate that the playground was taken out of there um you know we all want to have playground area for our children and um the backyard and the front yard those are homes those are the the homes in that neighborhood are very nice spacious out with backyards and front yards I've walked that street plenty of times and I spoke to um Nolan and his team and they said that they met with you and another constituent um Virginia Key Kia and that you guys were um not in opposition so I'm transparent um when I approach community and so um I'll be in touch with you just to see if there something that we can work out cuz I know they've met a couple of times with you to try to work out your concerns and to try to be um upfront and honest and make changes as needed South Tron is crowded all the way from Steel Creek all the way up to downtown Charlotte it is crowded it's um there was a time when there were only trees on there no development at all I know that now there's Dunkin' Donuts like you said 7-Eleven storage there's a lot of things going on on that corner so I understand you're concerned with the traffic and you want to be sensitive to that thank you for staying um and diligently expressing your concerns about your community that you've lived in for over a half of a century that's amazing um and I can see why cuz that is truly a place that you want to call home so we'll just continue to work through things and see what else we can answer for you um as your District rep and also working with them and being intentional with trying to put the the buffers around and the fence up the privacy fence that you guys asked for so we'll just be intentional and um and in in good faith as we move forward with this project and seeing what we can do to appease the constituents um again I'm looking at the community meeting there two people so maybe we could revisit that and see what we can do but I'd be more than happy to be in contact with you and see um how we can work this out okay thank you mayor protim thank you and thank you Miss kup for coming out and speaking this evening and staying with us do I have a motion to close public hearing some move some move all in favor raise hands that's unanimous okay colleagues it is 10:46 we have one more petition is there willingness to I'll stay complete through the one go ahead you have babies okay see all right so we will get this is our last Petition of the evening agenda item number 37 petition number 20245 by Portman residential LLC the location is approximately 1.21 Acres located on the west side of Chamberlain Avenue North of State Street and south of Yellowstone Drive and District 2 Mr Grahams District current zoning ml2 proposed zoning I am you step recommends this this uh petition and after staff's presentation Mr Brown you will have three minutes there's no opposition to this petition thank you thank you this site is just over an acre on the west side of Chamberlain Avenue just a little bit south of rosess fairy Road it's between the enderly park and severfield neighborhoods they are proposing to go to Innovation mixed use from the current sewing seing of manufacturing Logistics to this is um in between the broader development Redevelopment projects toona Mill that you're probably familiar with this is a conventional request so there's no Associated site plan The Innovation mixed use request is consistent with our policy map here and I'll take questions after Mr Brown's presentation take us home Colin this just a donut hold that was left so we are changing it from the ml to kind of match what's around it to allow that continue development have any take questions move to close second all right all in favor of closing public hearing raise hands all in favor of going home no have a great evening thank you everyone for staying connected do what we do [Music] [Music] [Music] e