Music I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit of the same thing. I'm going to do a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. I'm going to be a little bit more careful. 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I'm going to be to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next slide. Good evening, everybody. If you look carefully, you will note that I am not mayor Liles or Mayor Putem Anderson. My name is Ed Driggs and I am a City Council member district 7 and chair of the Transportation Planning and Development Committee and have been invited to sit in the chair tonight. We will start our meeting as usual with a call to order beginning with the City Attorney. Good evening, Tariha Glegray, Senior Assistant City Attorney. Good evening, LeWenem A. Field Council Member at LAR. Mr. Rappercard, District 6, Malcolm Grimm, District 2. And Drinks District 7. Seanappercard, district six. Malcolm Graham, district two. And drinks, district seven. Sean Heath, city manager's office. Good evening, Renee Johnson, and I'm honored to serve district four. Good evening, it's here. I want to round us a pleasure to represent district three. Billy Tons, deputy city clerk. So we begin our meeting with an invocation. An expression and inspiration followed by the Pledge of Allegiance. The invocation by a council member is intended to solemnize our proceedings. We celebrate the religious diversity of our community, including those without a religious faith. Tonight, council member Mayfield will give our invocation. Thank you. So prior to the invocation, I want to take a moment to acknowledge that as a nation a number of us are hurting it was noted and recorded by an individual who is running for one of our highest offices. The American media totally ignored this stuff until Donald Trump and I started talking about cat means. If I have to, if I have to create stories so that the American media actually pays attention to the suffering of the American people, then that's what I'm gonna do speaking to Dana Bash because you guys are completely letting Kamala Harris coast. I read that from the news article because misinformation and direct lies was shared regarding members of the Haitian community. Someone who grew up in Miami, N.D. County, I grew up with a very international community. The city of Charlotte has a very international community. Springfield, Ohio did not ask for this and matter of fact they reached out and asked the Haitian community to come there to help rebuild that area. So with that, what I am asking is a prayer for my sisters and brothers of Haitian descent. For those that wish you may bow your heads or close your eyes, or source of all goodness and compassion, we lift up our Haitian brothers and sisters in America, grant them strength and resilience as they navigate the challenge they face. May they find comfort in their communities and support from all those around them. In times of hardship, may they feel the warmth of collective love and solidarity. Guide them with wisdom and courage and bless their efforts to build a brighter future for themselves and their families. God I also ask for you to guide us to remember that your love is the love that we should show for all of your children. May peace and hope fill their hearts, and may they always remember they are not alone, amen? Amen. Thank you, Miss Mayfield. Please join us in the Pledge of Allegiance. Our Pledge of Allegiance? To the flag of the United States of America. It's a big, big, big republic for which we stand. One nation, under God, and the visible with liberty and justice for all. Still working on this last part, but. I'm glad you did it. So tonight's meeting is a zoning meeting, and I would like to explain the zoning process that we will go through tonight. The zoning process begins with applications submitted to the planning staff for review. There are cases of two types on the agenda tonight, decisions and hearings. Decisions on cases for which a public hearing was previously held will be made tonight. And hearings are a familiar, an opportunity for the City Council to become familiar with petitions for staff to advise us and for members of the public to speak. Anyone wishing to speak is asked to see the clerk before the start of the hearing. There is first a staff presentation without a time limit and the petitioner and those in favor is can speak for three minutes On the present case unless There are opponents signed up to speak or if staff is in opposition in which case the petitioner gets 10 minutes opponents get 10 minutes and a petitioner gets a two-minute rebuttal If no one is opposed or signed up to speak, staff provides the short presentation and that seeks to hear the hearing. The public hearing is then closed and the next public hearing is opened. The petition goes to the zoning committee, a planning commission for review and recommendation after the hearing and at this point I would like to introduce Mr. Blumenthal and Dr. Blumenthal who chairs the committee. Mr. Blumenthal. Thank you very much, Councilman, and to the rest of Council as well. My name is Andrew Blumenthal, I'm the chairman of the Zoning Committee of the Planning Commission. Please allow me to introduce my fellow commissioner at the table, Rick Winneker. Theresa McDonald and Aaron Shaw will be joining shortly as well. Clayton Cele, Shawna Neely and Robin Stewart are following along virtually this evening. The zoning committee's next meeting is Tuesday, October 1st at 5.30 pm here at the government center. At that meeting, the zoning committee will discuss and make recommendations on the petitions that have public hearings this evening. The public is welcome to attend that meeting. However, please note that it is not a continuation of any of these public hearings this evening. The public is welcome to attend that meeting. However, please note that it is not a continuation of any of these public hearings prior to that meeting. You are welcome to contact any of us to provide input. All of our contact information is and the information on each petition is available on the city's website at charlotteplanning.org. Thank you, Councilman. Thank you, Mr. Boomerthong. Our first order of business is to consider deferrals and withdrawals from the original agenda. And for those I would like to invite Teresa and Talbo to speak. Thank you. Good evening. We have three decisions that are requesting deferral to the October 21, 2024 hearing. Those are item number six, 2024-034, Jackson Castle, LLC. Agenda item 11, 2022-224, SRL, Central Avenue's properties, LLC. And agenda item 12, 2023-165, Central Avenue's multifamily LLC. And the fourth is agenda item 13, 2024, 56, Vivo Investments LLC. And again, all those are requesting a deferral to the October 21, 2024. Second. Second. All right. We also have a deferral of a hearing. Okay. That's item number 17. That's 2024-035, the city of Charlotte. And they're requesting a deferral to the December 16, 2024 hearing. Okay. So I have a motion to approve those deferrals and second. All in favor, please raise your hand. All right, it's unanimous. The next thing on our agenda is the consent agenda items. The items number three through ten on our agenda with the exception of item six which has been deferred may be considered in one motion except for those items pulled by a council member. Please note that these petitions meet the following criteria. There was no public opposition to the petition at the hearing. Zoning committee recommended approval. There were no changes after the zoning committee's recommendation and staff recommends approval. So at this point I will ask if any council member would like to pull one of the consent items for a separate vote. Yes? Yes. I'd like to pull 2024-058 please. Okay. Which is number nine. Nine. Got that. So, therefore, I would then ask for a vote on items three through ten with the exception of number nine. So, Mr. Emotion. Thank you. All in favor? Okay. Then we'll proceed to number nine from the consent agenda. So number nine is Resonting Petition 2020-058 by Wilkes-Asset Management. It's approximately 2.85 acres located south of Ridge Road, East of Benfield Road, and north of Craven Thomas Road. The current zoning is commercial-centered. The proposed zoning is community activity-centered. One exception. The zoning committee has recommended six love to approve that. It's a tennis term there. And the staff recommends approval. So do I have a motion? Can we have a discussion? A motion to approve. Second. Okay. We have a motion and a second. Is there any discussion? Yes. John's. Thank you. I wanted to ask the staff. I did have some staff discussion with Teresa while there was no public opposition I did hear from at least one resident with the concern about the storage facility being so close in proximity to others in the area. So I did do some research and spoke to Teresa and wanted to know if you could just add some information for council and for the public regarding this facility. Sure. Specifically, you're asking where the other facilities in the area are? Yes. Okay. The other facilities are and then the, yeah, where the other facilities are, please. Sure. We found that there were two in relative proximity to the site. There is a storage facility at 5823 prosperity crossing drive, which is about 0.44 miles away from the site. And there is another one located at 20601 Ridge Road, which is roughly 2.5 miles from the subject site. Okay. So we had the discussion and while that is true and I can understand the residents concern, this development, because there's so much construction in the area, there is an apparent need for the storage facilities, but more so, this developer is adding 7.5% net site acreage for a public open space, which exceeds the minimum requirement. They're also going to add to walkability because they're constructing offsite sidewalk network. And then there's also the additional, additional, potential employment for that area. So I will be supporting the petition. So move, yeah, I'll be supporting. Yeah, I'll be supporting. Any other comments? If not all in favor, please raise your hand. Any opposed? Mr. Jix, I just want to make sure that we're including the consistency statement. Why do I need to read the, is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on the screen is the council's own. What's your doctor? The group. All right. Thank you. All right. And we're all in favor of that, right? Yes. Yes. Okay. All right. So we move from there to our decisions that we're not part of the consent agenda beginning with agenda item number 10. This is rezoning petition 2024 01 by Charlotte PEC LLC. It's approximately 1.9 acres bound by the north side of East Trade Street, west side of North Davidson Street, south side of East Fifth Street. Okay. Some member directs. That was in the consent. Oh. I need to move on to the number 11. Okay. 14. And then we have the furls, correct? The fur 11, 12, 13. We start them 14. Thank you. So we're starting with 15, 14. No, 14. Yeah. All right. So as I was saying, we're doing our zoning decisions, commencing with agenda item 14. This is Resonning Petition 2024-094 by Charlotte Planning Design and Development Department, a text amendment. The purpose of this amendment is to modify the unified development ordinance to address minor administrative items related to tree preservation accounts and neighbourhood character overlay and to correct Scrivener's Errors. The zoning committee recommendation is in favour, six to nothing. Staff recommendation is approval and do this air motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on a screen as the council's own. Local approval and adopt. Second. Any discussion? All in favor? Any opposed? OK. That brings us to item 15. Resonting petition 2024-01-1 by Eastwood Holmes. The location is approximately 17.4 acres located along the south side of Johnson Aller Road, East of Prosperity Ridge Road in Councilmember Johnson's district. Current zoning is N1A, neighborhood 1A. The proposed zoning is N1A, neighbourhood 1A, the proposed zoning is N2A, CD. Zoning committee's recommendation is to recommend denial of this petition, six-nothing. The staff recommends approval of this petition. So in this case, we have a zoning committee recommendation for denial, which means that the statement that we have to make concerning the council vote is different. Is that right? It will depend on what the motion is. If it's a motion to approve then you would be able to use the staff's recommendation with respect to consistency. We're not adopting the zoning committee's recommendation as our own. Depending on the motion. We've got to have a motion. I guess at this point I will entertain a motion with respect to this petition. Mr. Williams, there have also been changes after the zoning committee's recommendation so you'll need to have a vote whether or not to send this back to zoning. This is the one where there were changes. Yes, sir. Okay, so I'm now advised that there were changes to this petition and therefore it requires a vote of three quarters of the Council not to send it back to the zoning committee. Yes. A point of clarification. Should we hear from staff to see? I'm going to do that. You're right. You're right. So, thank you. Thank you. I love my support here. I thank you guys. Appreciate it. So may we hear from staff what the changes were? Yes. Wonderful. Yes. Yes. Wonderful. Yes. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Wonderful. Yes, there were changes. The following changes were made after the zoning committee. The petitioner commits to a children's playground with seating area adjacent to Ragstale Drive. And the petitioner provided a seating area with landscaping along Johnson Ola Road. Staff believes these changes are minor and do not warrant additional review by the zoning committee. Mode not to retire until zoning committee. Second. All right, polling favour, not sending it back to the committee. That passes. So now is there a motion to approve the petition and adopt the zoning committee statement of consistency as it appears in our agendas and on the screen as the council's own. So we would we would you to approve it and go back to staff's wording or not approve it and stick with zoning committees motion to approve and adopt the staff's recommendation as our own second All right any discussion. Yes. Thank you. So, I've been working on this petition for a while and I want to commend the developer for working so closely with the community. They work very closely with the District 4 Coalition, which includes the neighborhoods from all over the district four. They were, they even worked to make some changes to a previous development that they had worked on. So they worked very closely with the community and I just want to lift some of the concessions that they made. There was extended community outreach. They had multiple meetings. There was a meeting that I attended and also Council Member Mitchell. They did meet with the Prosperity Village Association and really tried to accommodate as much as possible. There was an ask from the District 4 Coalition to limit the rentals and put a cap, even in the HOA guidelines about the number of rentals in the project. So I think this is almost a precedent setting petition. So I'm looking forward to continued work with this developer. They agreed to the children's playground, agreed to the rental cap within 25% and they also agreed to provide that general seating. So I recognize that these owning committee did not recommend but as the council representative, and also hearing from the community, I think this is a petition that I would ask the council to support, so motion to approve. Any other discussion? So I'll just comment, I will support. I did see you. You gotta comment, I'll wait till you finish. Okay, I'll, I'll, I'll, I'll, I'll, come in. I'll wait till you finish. Okay. You'll go ahead. I just wanted to hear from zoning. Where is zoning? Can someone tell me why you guys unanimously disagree with the petition? Is that correct? Did I hear that? That's correct. Yeah. A one on the zoning committee said yes to this. Correct. Okay. Can I hear why not? Yeah, absolutely. And full disclosure, I was not the chair of the zoning committee at that time. However, we do have the zoning committee report here, and I'm happy to list out the points of contention there. There were three. The first is the lack of pedestrian connectivity. The second is that the project does not fit the character of the area. And the third is that there are concerns with traffic along Johnson, Ailer Road and access from the site to Johnson, Ailer Road. Now, I'm not sure what has been addressed since then, but that was our issue. Yeah, so the character of the area, could you elaborate on that for me? Or whoever? Again, I was not the chair of the zoning committee and not president that meeting so unfortunately I'm not able to allow anybody that can elaborate on that. I want to hear from the zoning since they said 6 to 0. Let me can I just say yeah I will say it man. Hold on. Hold on. Hold on. One second. So I'm sorry. I asked the question. He had three points that he listed and I heard them. So I wanted him to elaborate on. It doesn't go with the character of the area. I'm so confused about what that means. I'm so confused about what that means. I put that question to the chair of the zoning committee. I will defer to Theresa on this. Okay. And just for clarification, for point of clarification for my colleague, none of the current zoning members were a part of discussion when this vote came through. That's why the comment chair, we have all new zoning committee members now. Well then this will be my question. Don't worry about it if they were not there. If they were not there and they're new in all fairness to them, they don't there. This regard scratch. We're fine. This John's in here. So I don't know that none of them were a part of it. I don't know. Well, I saw some familiar faces. But I will say that one of the members of the zoning committee was also a community leader. So whereas some folks might have abstained from the vote, this, I think this was more influence from a community leader than for LaLane use reason. So it's very inappropriate petition and I recommend everything. Well I'm going to support the district rep but I wanted to understand why they had a unanimous vote of six to zero and just ask for clarification on why they would have six to zero. And so this particular zoning committee sitting here, no one was on that vote. That's correct. Okay, well thank you, no problem. Thank you for responding. I don't have to ask somebody else why they did. But I just wanted to say I will support the petition and in response to the effort of the district member. I wanted to know however that if we disagree here on council with the zoning committee, it doesn't demonstrate a lack of appreciation to respect for their work. It just can happen once in a while that we reach different conclusions. So again, I will support it and if there are other further comments. I have further comments. It definitely does not support that we do not respect the zoning in their decision on what they're asking. But I would also, when we get unanimous vote like that, that should be some type of explanation. When we have questions as the council and be ready to back it up because when people look in, when they go back and look at the meetings, they're going to want to know you got six to zero. We still move forward. Where is the imbalance? You know, the scale is unbalanced and why are the unbalanced? Well, we're just trying to collectively come together and bring forward the information. So there's an understanding for our viewers and people that might have the same question that I have. Because six to zero, I just wanted to know. That's a very reasonable question. No doubt about that. At this point, if there's a further comment real quick, just ask clarity to this. The zoning committee recommendation does have a pretty lengthy write-up of the conversation at the meeting. Chairman Blumeth Hall read the bullet points which summarized it, but there is a write-up in your agenda that summarizes their conversation about the petition. Okay. All right, so I'll look for that. Just for my satisfaction. Yeah, can I sit? All right. And there's, again, there's that write up and there's plenty of information if there's anyone from the public that wants information about what we have. Well, yeah, so you said that you had a school of community support, which is where my mindset was, if the community is supporting it and you did your research, I'm going to support you, but I just wanted to know where the comes from. It's a great question and I haven't talked to the city attorney about that. We talked about sending it back and there's a lot to it, but this one. So I'm going to support you. The district. Okay. All right. Barring any further comments? We have a motion and a second all in favor. That passes. Okay. That brings us to item 16. Resonting petition 2024-024 by Arissa Holdings LLC. Approximately 9.13 acres located along the north side of Interstate 485 South of University City Boulevard. In the ETJ of the Water County Commissioners District 3, Mr. Dunlap, the closest City Council District is four, Ms. Johnson. The current zoning is MX-2, excuse the district 2. Proposed zoning is neighbourhood 2A conditional. The zoning committee recommends 6-0 to recommend approval of this and the staff does not recommend approval of the petition. Do I have a... So if the staff... The staff can still proceed. We can still proceed with a normal language. Is there a motion to approve the petition and adopt the zoning committee's statement of consistency as it appears in our agendas and on the screen is the council's own? So moved. Second. Okay. Any discussion? Yes. Well, that is a question. No, you're going. All right. So this one is opposite of the other one. The zoning committee recommends this one, but the staff does not. Correct. Because it doesn't. Well, I'll ask the staff for it. Yeah. That's what's okay. Okay. Yeah, that's okay. Sure, this is one of those sites where we just do not find policy support in order to approve the rezoning that would change the place type from neighborhood one to neighborhood two, which is quite a bit of an increase in density and densification. When we want to support that change, we look for certain things. We look for connections to arterial and major roadways, connection to transit. And we look for access to essential energies and goods and services in the area. None of those things are present with this site. So from a policy perspective, staff was unable to support the end to request. They are approved today to do approximately 26 single family lots. We felt that there was some opportunities with other N1 zones that could increase the density at this site without having to go to an N2 place type. But for those reasons, we were unable to support the petition. Okay. Thank you. So this one was another tough one because I want to support the staff's recommendation. However, the community benefits for this one as well were beneficial what I thought to the district. 41% of the entire site is going to be preserved. 2.4 acres of land is being dedicated to Mecklenburg parks and recreation to the back Creek Greenway, substantial green area separating the proposed town homes and existing homes on site. It provides a variety of attainable housing types that support the future data center employer to be constructed in the very near future. The homes are for sale, but there's also, there's a rental restriction to 20% of the units proposed in the development and substantial vehicular connectivity improvements to Caldwell Park Drive, reducing the commute time with the proposed bridge over back creek. So the community benefits outweigh that these staffs recommendation but I do appreciate and want to continue to listen and take their guidance. So motion to approve. I think we have a motion. I will just say on this one, similar to before, the staff does an excellent job of interpreting and applying our policies, the ones that we adopted. We are sometimes in the position of having to decide whether that application of our policy is actually the best outcome at the location in question. So I'm going to vote here with the district representative for the reasons she mentioned. Any other comment? Yes. I will. Thank you so much, Acting Mayor today, Mr. Dreex. I was just say that the work that we do when we have our meetings and we plan for trying to get the best outcome, there's always going to be some opposition where someone might not be satisfied. But I know your work, your diligence how you work for your constituent. So I'm going to once again have to go with the district rep because my hands are busy in district three. So I came meta over the district four, I have a lean on teamwork for you to do that part. And I think that you've been diligent in doing so. So I would have to just support you in this manner. That me staff is amazing. They do amazing work and they have a lot of work and have to do all the districts. But I will stand with you on this one. Well, thank you and I forgot to ask. This one also has support. The developer worked with the District 4 Coalition. So this has the support of the community. Who am I representing? This is me. So this has the support of the community and my represent. The same. All right then. Larring any further comment on all in favor, please raise your hand. That passes, okay? So number 17 is deferred and therefore we're done with our decisions. And we will move on to our hearings. As I explained before, the hearings consists of a presentation by the staff followed by either three minutes or 10 minutes by the petitioner, depending on whether there's opposition, 10 minutes for the opponents and two minutes for the other. So we will go to our first hearing, which is agenda item 18, position 2024-059 by Vera Holmes, LLC, 27, 2.67 acres located at the Southeast intersection of Sardis Road and Timber Lane, East of Providence Road in Mr. Bakari's district. Current zoning is N1A, the proposed zoning is N2A conditional. Staff does not recommend approval of this petition in its current form. So in this situation, the petitioner has 10 minutes to speak, and the staff will have explained themselves before. So let's hear the staff on this one. That's good evening. This is in 2024 or 05-9 is located at the southeast intersection of Sardis Road in Timberlain, East of Providence Road. That's approximately 2.67 acres in size and is currently the site of two single family homes. Current zoning is N1A, neighborhood one. The proposed zoning is N2A CD, neighborhood two additional. The 2040 policy map recommends the neighborhood one place type. So this site then to a district is inconsistent with the in one place type. Approval of this petition would revise the 2040 policy map recommendation to the neighborhood to place type. Pros of calls for up to 31 multi-family attached dwelling units including duplex, triplex and quadruplex buildings. Following transportation improvements are proposed. The vehicular access to the site will be the public street extension of Wapau away into the site, onto a network of private alleys. There's a proposed right end right out on Sardis Road and a right in only entrance into the site from Timberlane. An ADA compliant crosswalk with a pedestrian refuge island is proposed across Sardis Road, adjacent to the right-end right out on Sardis Road. All right, all right-of-way dedication and transportation improvements will be completed prior to the issuance of the first certificate of occupancy. Following landscaping street escape improvements are proposed. They will construct a 12-foot multi-use path and 8-foot planning strip along Sardis Road, 8-foot planning strip and 8-foot sidewalk along Timber Lane. There's a 10-foot class C landscape yard planted to class B standards and 6-foot opaque fence along the rear and side property lines adjacent in one neighborhood place type sidewalks will be provided along all residential in turn says adjacent public streets a minimum 25 street trees we planted along internal network of private alleys at a maximum spacing of 40 feet this parking will be screened from public right away with evergreen shrubs following architectural requirements are proposed. Preferred building materials include brick natural stone or synthetic stone, stucco, cementio siding, or fiber cement prohibited materials include vinyl siding and concrete masonry is not architecturally finished. The height of two buildings at the rear of the site are proposed to be limited to 40 feet. All of their buildings on site shall be a maximum of four stories or 48 feet in height. Front facade shall be a minimum 60% masonry. All residential entrances within 15 feet of the public sidewalk will be raised at minimum 12 inches above sidewalk grade. Minimum slope to pitch roofs of 412 and shed roofs of 212. Maximum blank wall limitations of 10 feet at building in facing public streets and 20 feet for all of their elevations adjacent public streets. Meter banks will be screened for public view and Fenson Wall standards are provided. There are several outstanding issues including proposed sites should impose height limits or prescribe height transitions for buildings of budding properties designated as neighborhood one place type proposed solid waste facilities on the site should be located as far from adjacent property boundaries and screened of the greatest extent possible. proposed visitor parking should be located in a way that visually separates from the adjacent homes and additional visitor parking should be located in a way that visually separates from the adjacent homes and additional visitor parking should be provided on the site to limit external negative externalities caused by vehicles to the adjacent neighborhoods. Sidewalk should be added along the right and right out adjacent to Stardust Road and connect to the internal alleyway network. The planes should address all other outstanding issues from C.D. Urban Forestry. Staff does not recommend approval of this petition in current form as the petition is adjacent to properties designated as the neighborhood one place type by the 2040 policy map and enhanced care should be taken to sensitively transition between the neighborhood 2 development and an established neighborhood 1 development as noted in the outstanding issues. However, the site is adjacent to the neighborhood 2 place type developed as a multifamily housing to the west and to the North across Stardust road. is directly butting multi-family attached development. The proposed plan would continue to, continue a trend in densification along the Stardust Road corridor. And this site combined with the adjacent into place types meets the minimum area requirements for establishing a new neighborhood to place type. According to the conference plans at the Royal Growth Framework, the site is located within an access to housing gap. Petitions proposed 31 units would add to the housing supply and diversity of housing stock. Site is located within a half mile of the designated community activity center by the 2040 policy map. The proposed site plan proposes a crosswalk spanning status road that would allow direct access to daily goods and services found in the community. The site has access to several bus routes. Happy to take any questions following the petitioner's presentation. Thank you. We do in fact have two speakers signed up in opposition. So Colin Brown and Nolan Grocey will have 10 minutes in favor. He stands in Italian bomb will have 10 minutes against and then the petitioner will have two minutes for a rebuttal. So Mr. Brown. Good evening. Councilmember Driggs. Hi. Councilmember Zoning of any members, Colin Brown on behalf of the petitioner. Vier Holmes tonight. And if you want to go ahead and say Vier Holmes is a new development entity in town. This is their first rezoning. That's okay. They're learning the process. Their team is made up of seasoned real estate folks that have experience doing this, but this is their first petition. So you may hear some of that. Frankly, it's been kind of refreshing, working with someone that's maybe not as jaded as the zoning process as I am. We started out and one of our first conversations, I said, well, gosh, this is, we're talking about townhomes in South Charlotte. This is going to be a tough rezoning. And my client said, well, why would it be a tough rezoning? I've just read everything. And this is exactly what the city is talking about doing. We're on a major thoroughfare by a major intersection, right by Strawberry Hill. And I said, well, maybe I'm just getting jaded. Maybe I'm wrong. I was not wrong. But it's been an interesting process. you've had, there has been a lot of outreach to the community. I think you'll hear a good bit about that. I want to start kind of with a big picture, just kind of looking at the screen, where we are. Here's the intersection. This is Providence Road, and you've got Fairview and Sardis. And for those of you that don't drive Fairview and Providence every day, this is Strawberry Hill, a long time shopping center, mixed-use center, in South Charlotte. Providence Road takes you downtown. Fairview takes you to South Park so you've got easy access to employment. The properties that we're talking about, so it's pretty incredible to have a little over two and a half acres right here, right by that intersection. And I know that everyone, especially here tonight, may not have been huge fans of the UDO, but some of the things that we we I think we did agree with, part of the 15-minute neighborhood was, it does make sense to have housing near amenities. And so at Strawberry Hill, we have the fresh market. So there is a grocery store there. There is a pharmacy there. There is a bank there. There is a church across the street. There's some atrium facilities. So there's a lot around this site. And I know as we talk about the UDO and we talk about kind of missing middle housing, this is very much that missing middle housing. We're not talking about extreme density on this site. We're talking about 12 units per acre or so, kind of town home style development. This is the right place for it. I know we have a concertation about locating that inside the neighborhood. This is the Mamma folks neighborhood, what you're here about. As you can see, this site is not in the interior of the neighborhood. It's not disrupting the character of the heart of the neighborhood. It is here on a major thoroughfare of Sardis Road on the corner. So I think the location, you know, when we, everywhere we talk about, where do we put housing? You all know we need it, you all know there's great demand for it, everywhere we try to put it, folks frankly would not like it in their backyard. So we have a struggle finding a place for it to go. This is one of those places where you look at it, and it makes sense for it to go there. So that's the big picture. Zooming in a little tighter, you can see these are, this is the status of site. There were two single family homes that had been there a long time. You can see it's development occurs around it. We have town homes that are just being developed behind the site. Those are now, many of those are occupied. I think there's still some development going on. We have multifamily across the street, and here you can see the shopping center. This is key. You're going to hear from the neighbors. Certainly I'm showing this is on the edge. This is on Sardis Road But this is the corner and this is Timber Lane and Timber Lane does Related into timber and into mammothics. So it's on a corner. There's some sensitivities I think that we're continuing to talk through with staff, you know how that transition is made And so that's more folks on I would point out to you. So around the side if you see this area, we have townhomes to the rear, we have multifamily across the street, we have institutional here. This site here, this is a single family lot that has been purchased and cleared. It appears to be owned by a development entity. As I believe that that would be developed probably with something other than a single family home. So very much, and you may hear different on that. Guys, we don't do that. I promise we'll have 10 minutes of the opposition. I'll be happy to hear it and happy to respond. So anyway, there's an undeveloped lot here, and here we do have single family homes. So I do think this is where the most attention needs to be paid, and that transition to the single family homes. That's a look at the existing site today, so the single-family homes that are there. And here you can see the zoning map, I think you can see the transition. So this very much functions as a transition, and I think that's why it's delicate, because we have on Timberland and Mammoth Oaks, very low-density single-family, very traditional, very large lot. Just on the other side, we've got Strawberry Hill and we've got pretty significant multi-family housing. As we get to the Providence intersection, we've got very intense multi-family housing and structure parking. So this is the transition piece. This is important. That's why there's the focus on the design. Backing up to the policy map, as Max mentioned, these are shown to be in one, but as you can see, it is adjacent to the into place tight and does meet, I think a lot of the criteria for supporting a transition to into here and really being that transition between a very intense neighborhood center and a low density traditional neighborhood. This is a look at the site plan, our conditional plan, as Max mentioned, we are currently at 30 units. And I'll let, I won't speak for the others as what the neighborhood priorities are. But I will say, let me try to get a more user-friendly visual. Maybe that was a little bit better. So this is putting our rezoning plan onto those lots. And so now you can see here would be the transition from the kind of heart of the mixed youth center. We have kind of town homes in this area. We've got a pretty similar density to what is there. There's a slightly more dense than these. But that kind of town home product and then transitioning to the neighborhood. So keys are locating kind of a tree-save undeveloped area here. You have got large single-family homes. They have very nice, I've been to several of these backyards with very nice pools. So they're trying to be sensitive to that. We've got a tree-save area there now and need to continue talking about the transition between these lots. I feel like the number one point that we've talked about, and you may hear there may be a different opinion, has been, but it was struck me, is access on timber. So timber, as I mentioned, leads to almost an entirely traditional single-family neighborhood. As originally requested, there is access from an adjacent townhome here. It has a public street coming in and then a public street stubbed our site. So initially, C.Dot request was to bring this through our site and connect to Timber so that we would not have access directly to Sardis from the site. You could access here through the townhomes or here through Timber. What we thought we understood as one of the most important things to the neighborhood was limiting impacts on Timber, limiting trips for timber. So the development team has worked with C.DOT to try to find an alternative to timber. Our preference, what we thought we understood, we thought we understood the preference would be to have no access to timber. If there's no access to timber, the goal is to have another way. So C.DOT has, we've worked with C.DOT, and have now, C.DOT is comfortable with a driveway access point on SARDIS. So now, you can kind of enter this way through the townhums, and then there would also be an access point on SARDIS. As Max mentioned, one of the things the development team would provide for is pedestrian connectivity, new walkway across SARDIS there so that folks can more easily walk to Strawberry Hill. So I would say in my mind that's the number one outstanding issue at this point is what are we going to do with the access to timber. I think, and you may hear differently tonight, that I thought I understood the community did not want a connection to timber. And could we reach a point where we do not have an access point there and we are not, you know, putting trips directly on that street. I could be wrong. I've recently heard some more discussion about, well, maybe we want a public street extending Wapel through to timber, which I think would be more of a public street, which I feel like would be more impactful, but we're happy to continue that conversation to make sure we understand the community priority and see if there's a way that we can address it. In addition to that, I think there are still discussions between, let's say, there are concerns from the neighborhood really about this adjacency, how these lots are being impacted. I did kind of here in the background, maybe there's some discrepancy and information about what is going to happen on this lot. But this is currently a vacant lot. And certainly we can find out more information about that. The other item that's on my radar is talking about heights that something Max mentioned also. The development team has committed to some lower heights already in transition so that we're getting the height of certain units lower. But we're happy to continue talking about that. And then some of the proponents, there's some here, they're much more educated than me in dynamics and water flows that have raised concerns about stormwater impacts and have asked us to do a little more design on that. We're happy to continue that conversation. So generally, that's the big picture for me. I know that certainly not everyone is pleased with this development. There are definitely issues that have been raised and that we can try and address. But overall, and we focus on the big picture, this is the exact location for this type of housing. If you look at where this is and you look at those two lots and the single family homes that were there, I don't know if I've heard anyone say through this process. Gosh, those should be single family homes that were there. I don't know if I've heard anyone say through this process, gosh, those should be single family homes. I think there isn't understanding that this is the right site for town homes and we can have a further discussion about some modifications. To get those more comfortable, I think we're close with staff. I think we plan to make some revisions following this hearing and hopefully we'll have staff support for this when this comes to zoning committee for their consideration. Happy to take questions. Well timed, thank you Mr. Brown. So in opposition I have Mr. Stines and Miss Baum. Thank you. So you have a total of 10 minutes. Yeah, two minutes. Corner. The floor. Notice there are three of you. I only have two speakers signed up. I'm a pointer. I've got my designated pointer. Thank you. Good evening. My name is Keith Stons. I live in the mammoth oaks community. At 5734 timber lane. Bottom of the hill. Our community is opposed to the rezoning petition of 59. We made numbers request to the petitioner of the community. We have a number of or timber lane out of the hill. Our community is opposed to the rezoning petition of 59, as submitted. And we've made numerous requests to the petitioner to improve on the site plan all in the VL. A number of attendees, most of which are residents of timber lane are here tonight, and show you the strong community support that we have in opposition to this petition. Next slide. Oh, yeah. By the way, it's City Clerk's office. I gave them a handout. Could we have it? Okay. That passed around great. Our community and HOA consist of 130 homes were located as Colin explains south of Sardis's room between Providence and Randolph and this rezoning is actually located at the Southwest intersection of Sardis and Timber. Timber Lane will be the most greatly impacted by this zoning. It's a narrow road a quarter-mile long with a development of 14 single-family homes. The homes on the west side is calling pointed out or are already overlooked by 16 town homes of the Berryhill development. Berryhill resumed in 2016 has three story town homes developed on a conditional rezoning that restricted the two acre track to a density of eight units per acre with a 40 foot height limitation. The height restriction was initially encouraging until some of the building paths were raised in additional six or seven feet above the existing grade, creating an even more towering impact over the backyards along Timber Lane. A adjacent west of Berry Hills Coventry Rose Colin explained a 28 unit, two story townhome community on just under three acres, 9.6 unit per acre density. This petition, O59, requests 31 additional units built to a maximum height on 2.7 acres, an density of 11 and a half units per acre, which column referred to as a monitor, which actually is a 44% density increase as you move from Berryhill towards the single family homes on Timber Lane. Mammothox is a community and the HOA unanimously oppose this rezoning proposal based on a lack of supporting infrastructure, roads, drainage sidewalks. We have safety concerns and are concerned with the petitioner and his lack of experience as a developer. So next slide. This is Timber Lane on slide five now. Timber Lane is a narrow descending roadway, or now more aptly defined as an alley. According to a modeling length with no supporting sidewalks, drainage, occurrences, or traffic control measures. It's 19 feet wide, which is a foot narrower than the proposed alleyway of the petitioner's site plan. So I guess Timberlain would be considered an alley. It's downhill all the way from Sartis, and everybody cutting through is speeding. I'll put a note on there. If your foot isn't on the brake when you leave Sartis road, you're speeding. Our speed limit is 25 miles per hour, and I travel this daily, and I know what it takes to stay at 25 miles or less. We can tell the cut-through of people because they are the ones doing the speeding. All the mammoth oaks is this way. It's 19 feet wide, no sidewalks, drainage concerns, and no speed bumps. Again, this is a community of 130 homes. Next slide. Our roads not safe. There are no walking lanes, no road shoulders for parking. We have a wheelchair bound resident who told me this week that she would endure venture outside of her driveway for safety concerns. On trash day, it's a real maze to get around parked cars and trash bins. Another note, we ask folks not to have gatherings at their homes on Trash Day. And the next slide of Timber Lane, there is no properly managed stormwater drainage on this street. And I put a note on here, these are not Photoshopped pictures. They were taken from my front yard after a rain. And you can see a car with water halfway up the wheel and the residual left behind for lack of drainage. It's a lot of them. Next slide. So the proposed rezoning includes terminating the city street, as Colin mentioned. You'll notice it in green as a hammerhead. And then the petitioner creates this maze of private alleys, 20 feet wide. This is done to maximize the unit density on this lot. Again, these private alleys are one foot wider than all of Timber Lane. There's an additional right turn only median to be installed in Sardis Road when Colin mentioned access to Sardis and what C.Dott had agreed to. They agreed to do this, put a right turn only. Berryhill was to have a right turn only, it's yet to be installed. Well, all that does is force all this traffic that wants to go north on Providence, south on Providence, or west on Sardis, anything other than east. They're gonna take the first ride on Timber Lane, meander down through our 19-foot alleyways and try to get over to Providence Road. The mediums don't do anything to address our safety. It increases the traffic concerns that 31 additional units added to the 16th at Berryhill. So all 47 of those vehicles are basically going to be looking to take that first right turn on timber. Next slide. This is another diagram of the right turn only, and it emphasizes timber lane and mammoth oaks to cut through. Colin did mention there's 581 apartments in townhouses to the north of Sardis Road, which I was surprised by, I didn't do the research. I couldn't believe there's 581 in that area. And the secondary cutthroughs of Criola and Shelton Street, well those are uncontrolled. And you're really taking your life in your own hands. If you want to turn left on Providence to either one of those The one above at mammoth oaks Lane is mandated right turn only by a concrete medium So you can kind of see that all the traffic is just caught in a circular pattern and Really can't meander through through our neighborhood I expect and staffs report, mentioned 187 vehicles. Well, I add that to the 14 cars already there. We'll see 200 vehicles a day on this 19 foot wide road. Again, we have considerable safety concerns on that road. So, as I talked with other members in our community, it's like, okay, as Colin mentioned, this is from multifamily property, it's going to be developed. What do we propose that would work? And as a community, we kicked it around and we came up with several ideas. This being what we thought was most appropriate and he keeps timber lane access closed From the new development So we eliminate the right turns only at Sartis Road for both Berryhill and veer Homes and We allow to commonly address for both development. Two minutes remaining Mr Science just so you keep track your time. We align the egress for both developments at Walpole Way Extending it on the Sardis, and installing a new stoplight. The stoplight would be 1,500 feet from Providence, 1,500 feet from Randolph, and it matches the 1,500 foot of the new stoplight that was installed on Strawberry Hill Drive on the north of the Sartis Road intersection. Go ahead. Here's a site plan that with the help of Berryhill actually our neighbor was put together. It illustrates 20 dwelling units. It illustrates in yellow the extension of Walpole Way, the stoplight location, which would align with Strawberry Hill Drive, and there's 581 apartments, suddenly have a new access onto a 4-plus lane arterial way. It greatly improves the tree-save area and eliminates the traffic burden on timber road. It also provides for a progressive decrease in density from Coventry Road at 9.7, 9.6 units, Berryhill at 8 units per acre. And then this one would be at 7.4 dwelling units per acre. I have a gripe slide, everybody, nobody likes the re-zoning petition. You all can read through it. There's a lot of storyline that goes along with this redevelopment proposal. I just want to thank you for helping us to maintain the safety integrity of our community. And if you ride through there, you'll see a lot of signs. All the yards are filled with them. Thank you. Ten seconds yards are filled with them. Thank you. 10 seconds left, you nailed it. So we have now two minutes for a bottle from... Jimi, let's try to be sure. I'm honestly struggling. Oh, she's the one. I'm struggling to find a single benefit to the city of Charlotte or the neighborhood from this development. The all the places that were described, I'm sorry, who is going to work at Strawberry Hill? People who can afford a million dollar town home, they're going to ride the bus. Really? Come on. Sidewalks are already there. It's still there. Yeah. He used all the time. Yeah, 10 minutes for a time is up up so we have to stop there. Yeah, I won't need ten minutes but I signed up to speak. I cannot speak. He used that. I explained before you have a total of ten minutes and I'm afraid Mr. Stone. But I'm from a different knee but I'm from Beer Hill. I know but the rules are that there is a total of ten minutes for people to speak in opposition and that time is now elapsed. I'm sorry, but Mr. Stein's spoke for the duration. I just draw your attention to just one item. If you look at those downhouses in the back. No, I'm sorry, seriously. These are our rules and we have to abide by them. I apologize, but that's where it is. So now we have two minutes for a rebuttal. Mr. Brown. Yes, thank you. If I got a grammar slot again, I'll just put the aerial back on the screen. And you know, I do. There's been a lot of outreach. I think there's, you know, unfortunately, there's some acrimony, I think, between the community and the development team. I'm an optimist. I'm hopeful that we can continue this conversation. You know, the problem is, frankly, the viewer team has purchased this property, so they've purchased it closed. So they're going to develop the property. So these folks are going to be neighbors. We're happy to look at this, look at the slides. I do want to make sure that we're understanding what the priorities from the neighborhood are. So we can go forward. I know that Council Member Cory has met with the neighbors as well and has engaged with C.Dot because I think the number one, I think that was reflected that the concern about timber. So I think we can continue that conversation certainly mindful of the other request. We never make all the people happy all the time but happy to continue working to see if we can find some resolution to mitigate some of the impacts on timber. Happy to take questions. Colleagues. All right, have this may feel? Do you want to close it out? I mean, I'll just thought it. You want to swap those? It might be helpful if I tee it out. Yeah, okay. Okay, great. Thank you. Thank you all the neighbors for coming out. The petitioner for presenting. Colleagues, if you've heard me in the last couple of months, use those examples of the implications of the UDO that we're feeling today. This is one of them. This is 100% one of the top examples of where all the time we spent figuring out how to add more density and units didn't match up with our discussion around how we're going to fund and invest in the infrastructure necessary to make sure that folks that live on these narrow roads with stormwater issues and egress and ingress point issues are having their existing needs and quality of life maintained. So I think that's kind of the foundation we sit on in this discussion. I think you heard Collins say at the end there but I'll just kind of emphasize, I would normally in this kind of situation with what's happened and having seen firsthand the issues they're facing with this, be predisposed to kind of say, all right, let's, you know, I will oppose this with you and I'll work to whip the votes of my colleagues to support that and a month from now we vote it down. The problem is, as you just heard, they own the site already and in a pre-UDO world where maybe you would have seen eight or less units built there on this site. If this was the word we sat in today, you're now looking at a scenario where by right, they could build well over 20 units on its own. So that obviously, as you can see, makes this a much more complex scenario to navigate. So what I'm attempting to do, have been attempting to do, and what I'll keep attempting to do for the next month, is really figure out, okay, what are some things that in a rezoning like this, we could get done to find middle ground between the two and solve some of these issues that maybe wouldn't be solved, maybe a few less units would be solved, but not some of the ingress and egress points and traffic and things like that. So I think that's where we are. It's not just a conversation with the petitioner now. It's an active one that's going on with C-DOT for figuring out what's possible. You know, we've discussed a left-end right-out option on Sardis. You know, that by itself without a light seems like an absolute non-starter for safety reasons from what I've heard from them, but perhaps with a light and there are some things we can explore there, you know, there might be other options. I think as I've come to understand the big items are whether it's direct access or a cut through, we have to protect timber lane. It's not equipped to handle even what it's got now. Let alone anymore. And in fact, I think it's not a quick to handle even what it's got now. No, it's not. Let alone anymore. And in fact, I think, you know, and I've asked some questions of staff to look into what other enhancements can we evolve on timber just by itself? Because we have allowed the addition of all of these units through the UDO to now be the new normal. So I think it's making sure that timbers protected from both direct access and the very important cut through traffic of anyone who would just be going right out there. I think looking at that connection with Walpole Way and see how that can be utilized as a second very large point to the neighbors that they care about. And then looking at just the broader infrastructure sidewalks drainage the issues that are faced there. And we'll see how much of that list we can knock off at the next week. But I'll tell you, C.Dot has been very helpful so far. I appreciate you guys being willing to work with a unique scenario that faces a by-right potential outcome here. But I think it's just about right now. I have absolutely no problem voting against this in a month. But I question what did we actually achieve in that process? So my hope is we can come together in a month from now and I'll bring you some options that the neighbors things are fair, the petitioner thinks fair and C.Dot thinks is fair, and perhaps that will be the magical formula by which we can find some middle ground. But I think the punchline is this is an unfortunate situation. And one that we, through our decisions with the U.D.O., have now enabled without the infrastructure necessary to make sure their quality of life exists. So we'll do everything we can in the next month. And all of your work has been much appreciated. Your engagement as a neighborhood. And let's just keep working and see what we can come to in the next month. Miss Mayfield. Thank you, Councilmember Drees. I actually have a question that's partially for our city attorney and or staff. So for the city attorney, so long time ago, we had conversations regarding the restrictions. I'm noting in the comments in here from the petitioners who spoke against regarding lack of a better representation. What we have on page 12 is a note as far as the original seller of the property having an impression of it being one type of development. The question that I have is related to, we have another development that happened in a different part of the community with a similar situation where land was so with a verbal commitment. We, here's the question, we can't utilize that in our decision making. When a petitioner comes before us, but there were conversations as far as okay, this land is to be To stay single family and then if something else is done later. That's not something is that something we can take into consideration So you're asking if there were private agreements with respect to the property that with which the city is not involved. So because it's a private agreement in the sale regardless of what happens with if you were selling I told you I'm going to build single family and I choose to build something else and then comes to council for rezoning council cannot use that conversation in part as part of our Decision making right typically deed restrictions which are private agreements are not part of the City's land development process or it's not something that the city can Participate in or enforce okay. I wanted to clarify that. For a staff, I know what you all have stated in its current form as of right now staff does not recommend, recommend R is the number of units part of the consideration because I have a challenge would it be in 31 units on only two acres. But was that one of the considerations with staff when you were looking at in this current form not being able to support this development? The number of units is not a primary driver of our staff analysis. It goes back to the outstanding issues which deal with kind of the sensitivity of the transition from an established neighborhood one development to this new neighborhood two development. Location, height of the buildings, open space, location of solid waste facilities, that sort of thing. So when we zoom out on this, I think it's another slide that gives a greater picture of keep going. So that one would do. For what I'm seeing I had the two single family homes remain. That was the last of the single family residential before other multifamily and items that we approve. So if we were to approve this, that will then be creating open and ador for more transition in that area. This is the last neighborhood one properties on the block. Jason is very ill neighborhood to come true. On that block because there's a separation. Well let me clarify where Sartre's role is there a street at the edge of the yellow, because Strawberry Hill is across the street. But is that a street or is that a alleyway what separates between Walpole Way and this development? Is that a alleyway? There's no alleyway there. So there are very hill towns drive as a public street and so is Walpole Way. And then there is a townhome building located in this area. And then it's the two properties that make up the stuff So the only thing that's there is the buffer from that last development For the town home development. It was just the buffer between that development and these single family homes That's correct. I can't remember specifically if there's a buffer in this portion of the site But there is at least on this portion of the site for Berryhill So I'm also trying to understand if one of the tenants that council has supported is agent in place, stand in place, supporting neighborhood continuity. Mr. Brown, I'm going to ask you this question. the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of not seem like a transition at this particular moment. I just want to better understand. I think if you look at the site now, right, there's two houses on two point, our survey says 2.75 acres. I think that's not consistent. What do we think the next, you know, as well as anyone, that we have demand for housing, we can't provide that need of, and these aren't even going to be affordable units. You know, if we get demand for housing, we can't provide that need of, and these aren't even gonna be affordable units. If we get 30 units here, they're probably frankly $800,000 units, right? What does that mean? People still, when you say aging in place, people wanna live in this neighborhood. What we're seeing demand in the market is, folks are selling these great houses and amount of folks, now for 1.5 million, and where do they go? A lot of them want to stay in the neighborhood. They want to go to the church They've gone to for years. They want to continue being around their neighbors. So this is providing housing options to give people a chance to sell their home Downside Man, we don't do that. It's giving you an opportunity to, I think, stay in the neighborhood with a new housing option because where else are you going to go? And that's we're not building these for fun. I mean there's demand people want to live in good neighborhoods And we can't build single-family homes that anyone can afford So it will be helpful for me to be able to have a follow-up and to see after you speak with your clients If there's a opportunity for a reduction, 31 seems difficult for me looking at just this initial mainly because as I mentioned, this transition gives me some concern when we are losing residential single family neighborhoods. Yes, we need housing options. I completely agree with that. And we need various housing options. We also have a number of housing options that are going to be coming online within the next year, the next 12 months. It will be helpful to have our understanding if there's any flexibility. And that, as we go through we can do that as a follow-up unless you have a response now. I'm happy to have happy to have that conversation you know the frank answer and not sound like the bully with the by-right plan right is is the owner there's a by-right plan that doesn't have this many units I think there's a compromise to be had where I think there's some benefit you'll know I mean I think a conditional zoning you can lock some things in place that'll benefit the neighborhood. So I'm optimistic that we continue the conversation. I promise we won't make everyone happy, but I think we can make it better than it would be, is my hope. And the last question for staff, it'll be helpful if we can also follow up before this comes back because I'm really trying to understand we have made a number of adjustments including tonight regarding our language because we're seeing the impact versus the intent. We had a lot of previous counsel had a lot of good intentions of what they thought this language would do. The impact on the ground based on petitioners' interpretation is looking to be something very different. So it would be helpful if I can have a better understanding with the most recent adjustments that we have made in our language. How does this in future conversations fit in? When we again say that we are here to help protect neighborhood continuity, yet we know we need to feel a need for housing. On top of that, are we tracking how many units are coming on board? We know we have a deficit for many years where there wasn't development, but we also have had a lot of development that's coming out within the next 12 to 18 months. I'm concerned about what the impact of this particular project could do, so it would be helpful if we can do a follow-up to help me understand the direction that you all staff are looking up. Thank you Council members. So I will just say this whole discussion reflects the somewhat unsettled nature of our land use policy so I'm entirely in agreement with Mr. Bacari. We set out with good intentions, some of us voted for and some of us against the adoption of the UDO. But what we've seen tonight, I'll just mention, we had one case tonight where the zoning committee was 100% opposed and the council said yes and then we had another case where the staff said no. It can go the other way as well. You shouldn't assume that there is any done deal here or anything like that. I can tell you that Mr. Vicar is an excellent guide for you and I hope you will be able to work with him and with the petitioner to achieve an outcome that fits better into your surroundings. With. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. Mr. Smith. The phenomenal job that you did Showing us and explaining everything because for me a person that is ignorant to what's going on in that area Because I don't live in the area and I don't find that area I totally understood what you wanted me to understand by looking through the booklet And putting it together so that definitely isn't in vain So thank you so much for doing that and I look to see What type of balance there can be in community, because I'm always wanting to elevate the voices of the people that live in the community, not excusing the fact that we need to work together development. It's going to happen, but at what cost and what sacrifice. So I'm going to follow the district lead, he's phenomenal in handling his district, but I did want to acknowledge the piece that you put together for us It was it was good and for me It allowed me to see what was going on in your community on Timberland also wrote down your address or not a stalker But I'm gonna ride down through there because I like to just see what my physical eye what it looks like as well And so I did write it down and I will drive down through that. But from what I can see, it has to be something different. So I just wanted to share that. Thank you. Thank you. Thank you. That I will entertain a motion to close. Of course. Second. Move. All in favor? Aye. All right. I would like to note there are some empty chairs here tonight and sorry we can't I won't come tomorrow There ain't no room for any rain I just wanted to note there are some empty chairs there are recordings of these proceedings the council members have the opportunity to view them So if you're assigned up to speak tonight Go ahead and make your case. I one way or another we will all see it. With that I will move on to the next item, agenda item 19, which is 2024-078 by Tribe Point Homes Holdings Inc. Approximately 0.46 acres along the northwest side of Levy Way, North of Monroe Road and west of Commonwealth Avenue in this Malena district. Current zoning is a urban residential conditional, proposed zoning is urban residential conditional site plan amendment. Staff recommends approval of this petition. And I have signed up to speak in favor. Amy Coleman, Colin Brown, Brittany Lins, Margaret Puckett, Ben Taylor, Maxwell, Ledzynski, Ledzynski, I hope. And we do have a speaker in opposition and therefore after staff presentation you will have 10 minutes. So Mr. Patton. Thank you. All right, so 2020-4078, as mentioned, we're looking at about .46 acres. On the north side of Levy Way, North of Monroe Road west of Commonwealth Avenue, just to give you some context, we can jump to the next slide here. So this is the Monroe Road corridor, you can see, wind over, just there to the left, and dependence obviously, you're on the top side of the map. This is a residential neighborhood that was rezoned back in 2020, February of 2020, to UR2 conditional. And during that process, we'll go back and take a little trip down memory lane for just a moment back on 2020. When we went through this petition, Councillor Neuton was the district five representative. A lot of conversation and discussion on this project. There was obviously a lot of interest in waging. Having a project sandwiched in between some existing neighbourhoods with single family attached houses. A lot of the issues stemmed from connectivity. And part of that was the discussion on connectivity too, as you can see on the screen here to the dead end point there of levy way. Through lots of community conversations and through lots of work with staff, the petitioner, the community council member Newton, a note was proposed on the originally approved conditional plan back then in 2020. At this connection to Levyway, which was not the outcome that the community wanted to see connected, it was not an outcome that Councilmember Newton supported during the time of the decision. A note was put in place that memorialized that this roadway connection wouldn't be made at some point during the project unless there was development in what we're looking at is term development area C of the project. This project went through permitting as you can see back on the slide which is looking at under construction, infrastructure put in, permits issued. The way that the note was written unfortunately was caught in permitting that the intention of not creating this connection point just wasn't memorialized on the plans in a way that had some of the staff comfortable with what was being proposed. So before us this evening is a site plan amendment to that original UR2 conditional, which again was approved back in 2020. And that would further clarify that this roadway connection would not be made unless there were units built in development area C. That's a simplification of it, but that's the general intent of it. That was the intent originally back in 2020. That's the intent of, most of, got several emails from neighbors at least a half dozen and had conversations with folks in the community that support that outcome, understand that was the original intent. The petition again this evening is really just to clarify and better memorialize that intended outcome from 2020 through the site plan amendment. It's consistent with the policy map that's now in neighborhood center. So there's really not a consistency issue. But again, this modifies transportation, note three, to not require dedication of that right of way until such time as development area C is constructed. And that connection could be made. The intent of the project is for development area C2 as far as I understand, not have development. So that right of way would never be dedicated. But again, the way the note was written in 2020, frankly it was done at the 11th hour. Prior to the decision it was treated as a change after zoning committee with several others again with direction from the community and council member Newton so that may have been where the, you know, just not clarifying it in a best way was put on paper But again, this is really to further cement that intent further cement that understood outcome for the community for Council them when it was adopted and as far as staff was concerned our understanding of it as well So that is the only change that's being proposed. It's just to clarify that one note Nothing else about the project is changing. Nothing else about the site plan is changing. It would just be a change to that note. So staff is supportive of that. Again, that was the original intent of the rezoning. This just, again, further clarifies and submits that on the conditional note. So we'll turn it over to the petitioner and the community members and we will be happy to take any questions following the presentation. Thank you. Mr. Brown, you and if any other speakers have 10 minutes. Thank you. Councilmember Driggs, Councilmember Zoning Committee members, Colin Brown on behalf of the petitioner at Tribe Point Homes. This is interesting. This rezoning is to propose no new development that was confusing. I appreciate it, Councilmember Mayfield's faces, Dave was explaining it. But yes, there's no development that is proposed. What was created, if you can see, is a development area here. And the big discussion at that rezoning was that there not be a street connection to Levy Way, which is an existing neighbourhood. So we created a development area. And we said this road does not have to be built unless this development area is developed. And TriPoint has no intent to develop it, so it would never occur. The reason that we're here is because there's also a note that said, well, you'll dedicate the right of way, though. And so now the city says, well, you got to dedicate the right of way and post a bond to build it. We never intend to build it. And we feel like if we do that, that is not consistent with what we told the neighborhood and the council. that provision about dedicating the right of way. That will ensure that this, that there is not a connection between the neighborhoods, which frankly we thought was the, I would have said was the unanimous consensus of the community. We did have, I think we've got a speaker tonight in opposition, so I'll let him share his story. But I'm going to turn it over now to any Coleman who is in adjacent neighborhood to speak on the neighborhood. Half. I'm Amy Coleman, who is an adjacent neighbor to speak on the neighborhood path. Good evening Council members. Thank you for your service and for the opportunity to speak. My name is Amy Coleman and my wife Amy Strecker and I live in the last house on Levy Way, directly adjacent to the property up for rezoning. We support the rezoning request 2024-078 from Tribe Point homes and we ask that you please vote to support the rezoning. It is not every day that the developer and adjacent neighbors are in agreement, but in this case we certainly are. The simple language modifications Tribe Point is suggesting honors the agreement Tribe Point, the city, the council, and neighborhood creatively agreed to back in 2019. The heart of the issue is preventing a road connector from being built from the dead end where our home currently sits through the neighborhood's wetlands to the tri-point development. Here's why the connector does not make sense. It's a bridge to nowhere. It would not alleviate congestion from the primary entrance on Commonwealth. As leave-away residents, we still have access to Commonwealth from leave-away to get anywhere. The wetlands and the stream the connector would run through provide critical drainage for the larger O'Curse community and an important visual and sound buffer for the entire neighborhood. Leave- Way is a very narrow neighborhood street, not conducive to through traffic. In fact, when cars are parked on both sides of the street, those of us at the end of the road cannot get to our houses. In fact, on Tuesday, which is trash day, I'm home to monitor where the trash truck is sitting to make sure that our cans get emptied, because they cannot pull up to our homes. I believe you will hear from others who would like better access to and from the major Monroe thoroughfare from the Trop Point development. However, due to its location, leave you aways expansion will not improve or eliminate the challenge. Thank you so much for your time this evening and please support this rezoning. Okay. Any time, is everyone else? That let's be efficient. I know we have other speakers signed up, but we're happy to hear from the opposition and then take any questions yet. All right, so in that case, Mr. Klein. Good evening you have 10 minutes. All right good evening council. My name is Justin Klein. I'm a resident of the Oakhurst neighborhood. We're here to discuss the original rezoning transportation notes that they relate to the connection on Levy Way. Please keep in mind that this specific note in question was part of the conditional rezoning which was originally approved and agreed upon by a city of Charlotte in Tri-Point. The specific note in question about dedicating all rights away in simple fee prior to the first certificate of occupancy. That includes plotting and bonding of the connection of levy way prior to the first CO is clearly defined by the note. There are several things about this development that have caught most of the neighborhood off guard and that appears that the cans being kicked down the road, possibly until it's too late to do anything. Finally, after continued questioning and administrative amendments, TriPoint was required to submit a rezoning. You may sit here and ask yourself why I'm here to rezoning for a half-acre connection or a generic transportation note. Well, I stand before you today and I want to paint the full picture, not just a half-acre rezoning petition to change a note. It's about much more than that. I want to be clear, the connection on Levy Way will most definitely appease the Moderna neighborhood of Commonwealth Avenue. But the environmental impacts would be minimal with a bottomless culvert. And the traffic impacts are going to be substantial as the carpool lane and the significant traffic at Okerstin Academy is directly across the street from the only proposed entrance. At tri-point does not want to make the connection on Levy way, that's their choice. The approved rezoning petition still requires them to platen bond the work to ensure that it could one day be completed by either tri-point or the city of Charlotte. At least the Oakhurst residents in the city of Charlotte would have the bond monies collateral, which is the general intent of the bonding process. By eliminating the notes council is gifting that a significant monetary advantage to tri-point. Over other developers at the expense of its residents and taxpayers, one argument that tri-point which is gonna make is that it's a hardship for the cost involved. But they chose to move forward with this project and agreed to the conditional rezoning notes. They're still gonna make a profit, just less profits. Let this serve as a reminder to everyone that you should read the fine print and understand the requirements when developing in the city of Charlotte. In our community meeting, Tribe Point and Alexander Ricks were specific that the neighborhood and city staff knew all along Levy Way would never be connected. I don't believe this to be true. Has staff email correspondence had no prior knowledge or defined intent as it relates to the connection. Without the connection, it appears that the plan would not meet a subdivision ordinance, where the fire turnaround requirements at the end of Levy Way, furthermore, C.DOT and emergency services would probably have required a different street name to eliminate address confusion during an emergency. Additionally, they never defined the connection on Levy Way to city staff until it was brought up for clarification. Trypoint added a drive to Monroe Road, not shown on the included rezoning, but unfortunately it's one way exit only and most of the neighborhood had no idea that it was one way exit only because it appears the drive has been finished but the final signage and road improvements not so much. So now, 121 units will have to enter every day from a single entrance on Commonwealth Avenue. It's already backed up enough with school traffic during the week. Imagine if you add another 250 trips a day. That's only if each unit had two cars and only made one trip. Tri-point and its representatives continued to state that NCDOT did not approve the request for a two-way street. Well, I talked to NCDOT and they didn't deny the request outright. They outlined development requirements that they would be required to make a two-way connection and those improvements are going to be costly, not to mention obtaining easements from adjacent property owners for a turn lane. Even with all those requirements from NCDOT to make it a two-way street to Monroe Road, it's probably less expensive than a bridge and a connection to Levy Way. But they had been held to meet the obligations of the plan originally, we'd be a lot further along in this process and exploring additional options. It was my understanding through emails with city staff, C.O.T. Fire Planning, that no one had confirmed a indication from tri-point, that Levy was never going to be constructed. In fact, they never had intentions of making the connection, why would it be shown on the approved plan? Charlotte fire at a minimum would have required a turnaround at the end of the levee way subdivision and seat out what made them change the name of the street to not confuse emergency services or delivery drivers I'd like to hear from planning staff But I don't think that the current approved plan in which they want a dead end levee way would meet the subdivision requirements or the fire truck turnaround. It is now September of 2024 and the rights of way outlined are yet to be dedicated in simple fee. Staff has continued to allow CEOs to be issued when the notes on the original approved plan clearly states all rights away to be dedicated prior to the first CO. After researching more information, they got an administrative amendment signed by staff to allow them to change the conditional rezoning notes to before the FISCO. Well, they got a FISCO and I brought this to the attention of staff and they've continued to get preferential treatment and appears they're not being held to the same standards that everyone else is. I've correspondence with staff and about the right away dedication prior to the FISCO. And then the administrative amendment about the fifth CO. And actually the fifth CO was defined as the fifth building. And then recently the fifth building actually is the 25 CO. So what world does that make sense? The zoning committee Board of Adjustments should have been the governing body to make the interpretation of the original request for an administrative amendment. And seeing that the ordinance language does not allow for the amendment that limits access roads. So UDO Article 373B1C2. This should have been brought to rezoning originally, not after an amendment, and then a request for another amendment, and then 25% of the CO's released. You know, the holds are placed on each individual unit, not per building, ask anybody in the development world here behind me. Even Shriport acknowledged the fact that there's 121 CEOs at the community meeting. When will it stop? Should we just allow the developers to do whatever they want with the expense of the neighborhoods, make hand over fist and money and claim to build neighborhoods and communities? They should build what they agreed to build. I believe that they should still be required to put up the bond money and dedicate the right away. Whether they build the connection or not, especially while this is all sorted out. That will ensure that the conditional rezoning notes are currently compliant and allow tri-point to continue construction and obtain more certificates of occupancy while exploring alternative options and plan revisions. I don't think the note should be removed just yet, being that the project is already under construction and progressing. They should revise the plan and show how they're going to meet all the plan requirements if the note were to be removed. And that connection ever built. Just removing the note doesn't ensure that the plan meets the minimum requirements. That could cause yet another amendment, variance, rezoning for being unable to meet those requirements. To me, this issue represents more than a bridge or a road. It's about setting the tone in the precedent. It's about ensuring that when council hears the rezoning petition and they vote on unapproval, that residents can rest assured that the approved plan is gonna be followed, not only for this development, but all developments in the city of Charlotte. I caution each and every one of the council members to think about the ramifications that this is going to have for the city of Charlotte. This might be in my district today, but undoubtedly will be in yours tomorrow. Let this be a lesson to everyone and do your due diligence when it comes to rezoning and the conditional rezoning processes and how plans are approved. The residents believe and trust that council will ensure that they're heard during these rezoning processes. And if a project were to be approved, that those conditions will be met by failing to uphold any conditions of a rezoning. City of Charlotte and its council members break the trust of its city residents and the constituents that they represent. While this may be just one of a thousand new developments in Charlotte, it invokes a precedent that will undoubtedly be used by all developers to work the system, increase profits at the expense of the city of Charlotte. Thank you. Thank you, Mr. Klein. Mr. Brown, you have two minutes. Thank you. In the process that we've gone through, I have not encountered a single person other than Mr. Klein that believes the leave-and-wait connection should be made. Mr. Klein resides about .8 miles from the site. I expect that you will hear from the community about the desire to move forward with this rezoning the way it was proposed and essentially that is what we communicated at the original resounding. So happy to take questions if you have any. Thank you colleagues. It's Melina. Thank you Mr. Chairman. My actual question is for you Colin. Well first for staff. So I want to make sure that I clarify. So now Judge Newton was absolutely in support of not connecting this based on what was community feedback at that time. Yeah, that's correct. I actually went back and watched the meeting from that evening and talked specifically about the side. I'm talked about the environmental impacts that was a concern. I talked about the community desire to not have it connected. That was an outcome he supported, and outcome that he worked with the community to achieve. And that was an outcome that, frankly, was the expectation of the conditional notes. Okay. And having known Judge Newton for a while over a decade, he is probably one of the most meticulous human beings that I know. And so I don't doubt that he didn't do his homework as a result of making that decision. But I guess I need more information as to why. And so I will get with you offline, David, just to make sure that I'm clear on what was the legacy information. But for you, Colin, you said that you how many people have been at the community meetings can you give me that I can follow up from our community or meeting report and let you know that says 11 in the report yeah and you've only had just one we that that was our official we've had a couple extras okay you have had more than that right correct yeah so and your take is in those opportunities, you haven't had any other person that's been in opposition? There have been folks that have spoken on other things. I have not heard a single person say that they think Levy Way should be built other than Mr. Klein. So, we're looking at, and I'm just trying to make sure because this is the first time that I think I've entertained this as an idea. We're just looking to strike. So it's clear that leaving away doesn't have to be built. The city's interpretation after I think a lot of plotting, the city interpreted that yes but we would have to dedicate the right of way and bond it. Well, if we dedicate it and bond it then it could be later built and that's, but we would have to dedicate the right of way and bond it. Well, if we dedicate it and bond it, then it could be later built. And that's not what we told the community. So if that's the decision of the council, that's what we'll do. But that is not what the zoning was premised on. That is not the community's expectation. Okay. And the dedication of right of way again, just to be clear, that was not in the previous note. Or. the dedication of right away again just to be clear that was not in the previous note or? There was a note in there that they talk about dedication of rights of way prior to the numbers of CEOs that I think was modified to that number five. But again, that wasn't, I think the last kind of minute nature of making the changes and capturing leavey way in the connection not being a desired outcome. That got all kind of lumped in under that umbrella and staff saw that and said well, you do technically have to bond and dedicate this right away but as Mr. Brown had mentioned that kind of takes it out of the developer's hands in a sense because the city could as you heard from Mr. Klein come back and build that road and that's not again what the developer really did commit to during that rezoning process. It's unfortunate that the note wasn't made as clear as I think maybe it could have been. But again, I think that was just trying to get that done in a flurry at the last moment. And it just got captured more in the umbrella of all rights of ways. So the note now would verify that that right away doesn't need to be dedicated or bonded, which keeps it into that control of the project, whether it gets built or not. Once you bonded, the city could come back and build it next month, 10 years from now. And again, that wasn't an outcome that the neighbors had an understanding of during that originally zoning back in 2020. Okay. And Colin, I just, because I wasn't a part of the original petition, right, I'd be interested in if you have an appetite to have a meeting with the neighbors to, you know. I think that would be happy to meet out there on site. Yeah, I'm happy to come. Tell us if you'd like. Any neighbors who are opposed or in favor of just to make sure that we're clear about what those expectations are, you know, and it sounds to me that it may absolutely be consistent with what we have in front of us. But I think just for due diligence measures, I'm open to do that. Okay. That's all I have. I Ms. Mayfield and then Ms. Johnson. Thank you, Mr. Tricks. This is a question actually for staff. Help me understand the conversation around the nose. So you just mentioned it and Mr. Klein mentioned that that conversation was held multiple times. We own number five. What is our actual process when staff, because if I'm hearing you correctly, you're saying staff didn't catch our error. And you've had multiple conversations before staff realized that there was an error based on the previous approval of this project. So help me understand that. Yeah, there's challenges at times when you work through a conditional zoning, particularly one that has this much attention to detail and as Councillor Melina alluded to, Councillor Mermeduten was very meticulous, particularly on this one. And I think there's always a bit of a risk where as you're going through that process and things kind of go through iterations and sometimes they go through iterations very quickly, there's maybe not always a time to truth it with the land development review staff. So at times there may be a conflict and a note that on the rezoning team we think that works makes sense to us, meets with the community's looking for, helps address this issue for a council member and it gets down into permitting, and they look it and go, well, guys, it maybe doesn't say it exactly the way we'd like it to. And so that's where we kind of find ourselves with this, where the intent didn't quite match the language, but that's, I think, a good testament also to our review staff for knowing that, you know, when they see that disconnect, there's processes to go through, there's administrative amendments, there's, you know, rezoning, which is what we're in now to try and correct some of those. We try to get them right, but there's sometimes where conditional notes sometimes do run into a little bit of a conflict down in permitting, and there's multiple ways to get through that, and this one was going through the rezoning to modify that note back to read in a way that made permitting folks feel more comfortable with it. Thank you. Ms. Johnson. My question is for the city attorney. Mr. Klein cited an ordinance or a law, he said that all rights are way. Must be dedicated prior to the first CO. So I wanted to know if there's something that we need to consider from a legal perspective. And so I wasn't quite following everything that he was saying. I'd like an opportunity to try to look at that further and get back to you. Okay, and just, I don't know where he is. Did I cite it correctly? That's a trend. So we can't, you can That's a trend. So we can't have a conversation. Sorry, from the Chamber, you would have to come down to answer the question. Okay. Thank you. Is this opening state, yes? Yeah, right. OK. All right, repeat the question. What you asked? So you said that you quoted something that it says, all right, the way it must be dedicated prior to the first CO. You can't refer to the number of CO. That's the conditional note on their plan, which would relate to them posting the plat and the bond for dedicating that right away, whether they're building it right this minute or not. They would put the, that's the process that they would put the money up. And then they would decide if they're gonna build it and if they choose to not build it, then I guess the city would cash them on and build it themselves down the road maybe. Okay, so that was the conditional note which did not happen, correct? That's on the plan, correct. Right, so I guess my question is for Mr. Petton, that didn't happen and that was in the note. Our citizens do rely on these notes and we as council work to have these notes and concessions constructed and our citizens again, they trust us for that. So can you speak to that? Yeah so from what I understand and I can defer to the petitioner or I can defer to our folks in CEDOT, the rights of the way for the roads that were constructed have been dedicated or they are proposed to be dedicated, they are showing up on our mapping software looking like they are dedicated for the roads they have constructed to serve the project. What we're talking about is just the right of way for this potential connection. You can kind of see on this map these two lines here on either side with this white line in the middle. This is the right away for the the project that was built up to this point. You can see there's no line on this side. There's continuing right away for Levy Way here. Creator Street has its right-away platted. So we're really just talking about this portion of right-away here. So from what I understand the other rights away there have been platted or need to be platted or in the process of. We're just talking about this issue or this piece of right away right here. So the other ones have been met. It's what got caught up is that staff looked at and said, well this is part of that right away. You need to platen bond this and that's when the petitioner said, well that wasn't our original intent. That's not what we communicated to the community. How do we rectify this and uphold the commitment that we made during that rezoning, which is why we're here tonight. Yeah, we'll have to talk offline about that because I understand the concern of says all must be dedicated and how do we uphold that commitment? Well, again, I think the all was everything that we had intended, which was all of these that you see in this portion here going out to the street and then going out to Commonwealth. But the original intent was that was not this. There was a note that talked about this connection not being made but unfortunately we there for thought wasn't there to think about the plating of it and bonding of it that was really only intended to cover the roads that were going to be built to provide connection to Commonwealth and then back out to Monroe. Okay so for our attorney do we have language or is there anything in our ordinances that protect us or allow us to correct errors or unintended consequences? So we'll have to research it. I think that the way that they're trying to correct it is, you know, via this, this site plan amendment. But this, what I think is being spoken to is a C.com process, which I'm not completely familiar with. And so we'll probably need a little bit of research from the staff. Okay. Well, that's what this hearing process and this next month will allow. So thank you. Mr. Cruz, you're sitting there, right? Move to close. I'd have one comment. As soon as the gentleman... You're on the count so I have to ask questions. We're back. So Mr. pet and you said You called it an oversight or whatever And the suggestion was that it was always intended to be the way we're now trying to make it I'm thinking about the kind of precedent aspect of this. I mean isn't the situation like this actually rare so that if we made this correction, I believe the council has the authority to do. That wouldn't lay the groundwork for countless others to come in. We would treat those on a case-to-case basis, but this particular circumstance where you're even acknowledging that it was an oversight that we got here is rare. Yeah, again, it doesn't have, we try to catch this kind of stuff. We did work with the subdivision team and we went through the process of talking about this connection. You know, I just again think the note in our brains, the note seemed to work and captured what we needed to to address that final issue of the connection. Just that note about dedication of all rights of way, kind of is an umbrella note that captured this particular portion, but this particular portion, again, was the intended outcome was to never make that connection. As Mr. Brown alluded to, if the petition doesn't move forward, they would plat the road right away and potentially bond it. The road may or may not ever get built. We may end up with the same outcome. But I think what the request is that's in front of us is for the petitioner who went through this process knew that they committed to that to the community. And they want to make sure that they're trying to go forward and uphold it the way that they had those conversations with them four years ago rather than say, well, we've got to do this bonding and plating and it's kind of out of our hands. And that was, I think, what the request again is in front of us tonight is to put it in the developer's hands that made the commitment in the first place. So, you know, either way the road may never get connected, but this is a way for the petitioner to try to uphold that commitment from four years ago. So. I will entertain a motion to close. So move. All in favor? It's unanimous. All right. Thank you. Thank you. So we move on to agenda item number 20, 2024, 046 by Lenard Carolinas LLC, approximately 26.17 acres located on the west side of the Bayes Ford Road and North side of Kid Lane South of Miranda Road. Is this an ATJ site, the Board of County Commissioners representative Miss Leake and the closest City Council location is Mr. Graham's district and Miss Johnson's district. Current zoning is multi-family conditional, R-A-MF, and the proposed zoning is neighborhood 1-A conditional. The staff does not recommend approval of this petition in its current form. So we have to speak. We have Mr. Brown, Ms. Lenz and Joel Causie, and they will have three minutes after the staff presentation. Thank you. Petition 2020-4046, located on the west side of the Bayes Ford Road, North of Kidd Lane, South of Miranda Road, sites approximately 26.17 acres and size and currently developed the two single family houses. Current zoning is R8 MFCD, multi-family conditional. The proposed zoning is N1A CD, neighborhood one conditional. 2040 policy map recommends the neighborhood one place type of the site. N1A district is consistent with the N1 place type. We'll background site with rezoned in 2022 from R3 single family to R8, MFCD, multi-family conditional to allow for the development of 123 multi-family attached dwelling units. The official calls for a residential subdivision made up of single family duplex and triplexed dwellings, utilizing the compact development provisions permitted under the N1A zoning district. Triplexed dwellings will be limited to no more than 25% of the dwelling units on the site. Commits to install a class B landscape yard along the perimeter of the site where a budding neighborhood one place type provide transportation improvements including access, provided being be a kid lane cowboy lane who reserves 110 feet of right of way for the future Fred D Alexander Boulevard commits to the construction of a turn lane on Kidd Lane and a left turn lane into the site on B-D-S4 Road. Commits the construction of 8 foot planning strip and 12 foot multi-use path. One size from B-D-Four Road and a 6 foot sidewalk and 8 foot planning strip on Kidd Lane. Provides architectural provisions including preferred building materials, pitched roofs, garage treatments where visible from public streets, proposed raised entrances along sidewalks, usable front porches and stoops, sidewalks connecting all units of the street. Staff does not recommend approval of the petition in current form. The petition currently lacks needed specificity regarding the adherence to the requirements of the compact development alternative Under the N1A zoning district the plan does not state the number of dwelling units proposed and does not clearly outline open space and green area standards The plan should include additional information regarding the Fred D Alexander Boulevard right-of-way dedication and possible improvement site should address the outstanding issues from C.O. Urban Forestry and Subdivision. I have to take any questions after Mr. Brown's presentation. Mr. Brown, you have three minutes. Great. Councilor Driggs, Councilmembers, any committee members? Colin Brown, I've got one more interesting one and then I'll get out of your hair. So background on this one, Max, thanks for the overview. This is an incorporated mecklenburg county close to City Council District 2 and District 4 would be up here. District 4 would be up there. Council Member Johnson. But currently, so story, this property is currently zoned R8MFCD. It already has a multifamily zoning. This is the zoning plan for the site. It allows 132 units. It allows townhounds with five and six units per building. So that's a pretty intense zoning. That developer did not move forward. Lenard would like to buy the property, but Lenard doesn't want to build this plan. So all in ours trying to do is get rid of that rezoning so they can develop. Now we're seeking the lowest zoning that we have in our ordinance You'll know in one a is everywhere all we want is in one a we literally want to go to the lowest zoning district There is it's a little puzzling we're here without staff support to go to the lowest zoning district that we have in the ordinance So we are proposing conditions on ourselves so we can have Lower than the lowest zoning district our ordinance allows We've committed that instead of the five and six units buildings that are already allowed that we would take that down to duplexes and triplexes and limit the number of triplexes. We're talking about an all-ally loaded product. I think I don't think staff is far off on this. I think there are some transportation improvements that because we are in a conditional environment we can have some conversations about. So that's, we'll look to do that. In fact, we'll get that filed this week. So hopefully we can come to zoning committee with a recommendation. But again, big picture, this site is already zoned. It's zoned for five and six unit buildings. We are trying to frankly, down zone from that to the lowest district we have in our ordinance and are still providing a conditional plan and will address staff's concerns. Have you had any questions? Any comments? Mr. Johnson? Thank you. Staff gets to rebut that? Oh yeah. Okay. No, I'm afraid not. Well, I guess actually I'm sorry you said that they don't recommend approval so Incurrent for I think there's a staff for but if there's no speakers signed up against Staff like to rebuke that you can pose them Well, well what I heard is that it lacks the needed specificity. The plan doesn't state the number of units. And there are some other things that the staff is asking that are addressed. I'm not sure there's any in one they in the city because basically the entire city is in 1A, the lowest district. None of that has a conditional plan. So we did not expect that request. We're happy to add some. Frankly, we don't know how many units. So one of the things they ask about was the number of units we don't know. We're just doing a street layout. Our ordinance is changing. So we're trying to figure out what we can do under the most basic standard. Again, I don't think we're far off. There is an opportunity because we're in for a conditional plan, you can ask for things. And I think reasonable questions have been asked about the right away and we're going to make those changes. Okay, well I look forward to you working with the staff and us hearing some more. Move to close. I thought I was going to have this ground. And also I think Ms. Brown, didn't you want to speak? I was just acknowledging someone that said it or had to speak. What's that? Someone raised their hand and said it, had to speak. I don't know on the list. OK. All right. You had to speak up before the hearing started in order for us to be able to include you. Clerk, is that right? Yes. Yeah. you. Clerk, is that right? Yes. Before the I- Yeah, so I'm afraid that you can't, you can write to us and let us know your thoughts and I'm sure we'll be happy to take them into account. And Ms. Brown, did you want to speak or did you just want to point out? I was not. Yes. I'm sorry. Can I just ask a question? Go ahead. Because that rule wasn't stated at the beginning of the meeting. Right now I don't know if the mayor normally states that but I mean the public doesn't know our processes. So since she could have spoken and she so she would have had to sign up with your rules and procedures. You have to once the item is called you can't sign up to speak. So up to five minutes ago she could have signed up. Before she called the agenda item. Yes to speak. So up to five minutes ago, she could have signed up. Before she called the agenda item. Yes. OK. So we could make a motion to suspend the word. Hi. Really we'd rather we didn't ask Johnson. We'd rather what? And you can let us know. Excuse me. We'd rather what? I'm here. The constituent is here. You said we'd rather not. That's not for you to say Mr. Cruz. We have to say that together. I'm a little concerned about setting the precedent of making exceptions like that and our rules as stated on the website and elsewhere are perfectly clear. You need to sign up in advance right up until before the hearing starts and the citizen has been in the chamber and hadn't made her desire to speak known before now which she could have, but to have somebody arrive during the hearing and want to speak invites the possibility of kind of a disorderly process where a bunch of people then speak up and say, me too, and come down here. So I would love for us if we can to just adhere to the policies that we have, which are there for a good reason. Okay, I can respect that, but I want you to clearly state that, so that for the racket so that we could hear that, but don't just like, no, you don't make that decision by yourself, because we are a council, and we vote on it. So that's okay, we'll move forward with your explanation, but I didn't want to- We were just getting giddy sitting here in the chair. You see, and- No, I understand, but I just wanted to always acknowledge the constituents because they take time out of the busy schedule to come down and be a part of these meetings which are lengthy. I just want always to have voice to be heard. But if we have moved over the policy if she can't speak that's fine but I just wanted it to be clear. Take the point Ms. Brown. Point need to be taken. And I'm your request I did explain my reasons so if we can I had a question. I forgot what it was but I have a question. Pardon me while I get myself back and Oh I'm curious that this is a conditional rezoning but apparently not supported by a site plan and it sounds to me as if the staff is not so much opposed to what they want to do is simply troubled by the fact that they don't know enough about what they want to do. So what is your take on that? Why don't we have a site plan? There is a site plan It Doesn't go I don't think we're concerned with the amount of specificity in the site plan the kind of bubbled areas that show duplex and triplex areas are fine. It's in regards to not clearly stating a Producing a cap on the number of lots or number of units permitted and as Mr. Brown alluded to, you know, under a conditional plan, the petitioner does open up themselves a little bit to those additional requests. And so the primary concern is with the number of permitted lots and units and what is happening with Fred D. Alexander Boulevard. It's kind of a vital access point on the proposed plan and it's not clearly stated. But you know, the plan as a whole, I don't think we're not opposing the plan as a whole, just some certain aspects of it. And that's why we've stated not in current form. So is this an issue related to the introduction of the compact development alternative and its application? Is that the problem? So the plans do not clearly state that they will be utilizing the compact development alternative. So. All right, thank you. It sounds like you ought to be able to work it out. I'll leave that up to you guys. Anybody else? Do I have a motion to close? Second. Oh, you get a quick second. The other one. Motion to close. Motion to close, second. All right, all in favor? Okay, thank you. We move on to 2021, 2024-045 by Drakeford Communities, approximately 3.726 acres. That's very specific. Located along the south side of the Plaza, east of Aintree Road and west of Lake Dell Drive. This is in Miss Anderson's district. The current zoning is N1B. And the proposed zoning is neighborhood to a conditional staff recommends approval of this petition upon resolution about standing issues related to site and building design and the environment. And now we will hear from staff. Thank you. This site is a little under four acres along the south side of the plaza, west of Lake Del Drive. Look ahead generally in the Shannon Park neighborhood where we see largely single family as well as multi-family uses with some commercial notes and disperse throughout that services residential uses. Site is currently zone neighborhood one B and they are proposing to go to neighborhood to a conditional. This proposal is inconsistent with our policy-mouse recommendation for neighborhood 1 at this site. Policy-mouse does call for neighborhood 2 along the northern side of the plaza. Just go ahead. The requested solve is for up to 45 multifamily attached units, and they would be limited to 48 feet in height. The site may also have park or open space areas that are miniatized with hard-skate features, servicing residents. 25 foot landscape yard would be provided around the perimeter of the site and each unit may have up to 250 square feet of open space or they may have common open space throughout the site. There will be a 60 foot greenway easement. That's along this western edge. And within that 60 foot greenway easement, we will have a 52 foot swim buffer. There's an eight foot sidewalk and eight foot planning strip proposed along the plaza in addition to an eight foot buffer by clean along the plaza. The commissioner also commits to upgrading the bus stop to an ADA compliant bus stop. They provide some architectural standards related to having no more than five units per building and no more than 150 feet in building length. They also specified preferred building materials, screening, pitch truce and porches and steeps for the units. Staff recommends approval of this petition upon resolution of some minor outstanding issues. Although inconsistent with the policy-mouse recommendation for neighborhood one, this site does meet some criteria that we would look for when there's a place type change proposed. That criteria includes items like its location along in our terrestrial road, adjacent to existing neighborhood two developments, proximity to goods and services, and access to multimodal transit options. This development would allow uses pretty similar to what you see already entitled along the plaza. Additionally, it's less than a mile away from areas within a neighborhood center place type, and both the east and west directions of this site. And those neighborhood centers house generally neighborhood servicing establishment uses and that supports densification in the abutting neighborhoods. Given that those future residents will be able to take advantage of those amenities that are easily accessible. The petitioner commits to upgrade the existing bus stop as well as constructing a buffer bike lane and expanding those sidewall networks and that helps to facilitate alternative transit options that are generally pedestrian friendly and may service the future residents at this site as well as the neighbors that already live in this area. This reasoning is cognizant of the adjacent single family uses and they would have that 25 foot landscape yard around the perimeter of the site in addition to that 60 foot greenway easement along the western boundary. And these conditions as well as the architectural standards that they build and help create a more mindful and sensible application of a denser residential product type than is currently entitled on the site. And I'll take any questions following the petitioner's presentation. So I know Mr. Drakeford and you are not Mr. Drakeford. I'm guessing you're Mr. Moore. Yes, sir. Thank you, Councilmember Driggs. Councilmember's my name is Eddie Moore with McAdams. We are assisting Body Drakeford with the Drakeford company with this rezoning. Yes, the site is located south of the Plaza to the north. We do have a multi-family development into the northeast. We do have two schools in some institutional zoning. Some of the highlights of the process so far, we have held three community meetings, and we have received written support from James Burris, the president of the Shannon Park neighborhood association on this rezoning. The town homes that are proposed, they will provide a different, and diverse housing type within the area. We are requesting up to 45 rear-loaded townhomes. These townhomes will front the plaza and it will create a nice streetscape. Per concerns from C-DOT and some of the neighbors, we have eliminated our entrance along the plaza and we are extending plaza-matter drive into the site. Asallaza and we are extending Plaza Meta Drive into the site. As Holly mentioned, we are providing a new covered bus stop and dedicating the 60 feet of the western boundary of the site to Briar Creek Greenway. This is our initial site plan. You can see here this was our connection to the Pallaza. They were concerned from neighbors and NCDOT. From there, we changed gears. We had to incorporate this small piece of property into the assemblage and plaza metadrive will be extended as a public street into the site. Here's our updated site plan showing that extension. And also the units as I mentioned they will face the plaza offer a nice street scape the units we do have internal to that they will be they will be rearloaded as well so we do have open space opportunities throughout the site just some architectural inspiration for the site this This is more of a craftsman style with varying materials along the second and third floors and along the first floor. There's could be a mixture of break or stone. It's kind of continuing on with that theme with the rear loaded townhome and varying pitches and building articulation and the same with these. And I will answer any questions that you may have. Thank you. Any questions or comments? I would just note it's pretty uncommon in my experience that 65 people attend a community meeting and no one shows up to speak in opposition. So congratulations. And otherwise, yes, Mr. Johnson. I just think that speaks to Mr. Drakeford's ability to work with the community and his input inside. So thank you. That was a standard. Yeah. Second. On paper. Okay. Yeah. All in favor? Okay. Agenda item 22, 2024, O60 by Dreamkey Partners. Approximately 4.36 acres located in the Southwest Intersection of West Rocky River Road and Old Concord Road north of Tarant's Grove Church Road in Miss Johnson's district. The current zoning is N1A and N2A. The proposed zoning is N2A neighborhood to a conditional. Staff recommends approval of this petition upon resolution about standing issues related to transportation and environment. And with that, take it away. Thank you. The site as you mentioned is a 4.36 acres and is located at the Southwest intersection of Rocky River Road West and Old Concord. The context of the surrounding area includes a church immediately to the west and this development proposes shared access with said church. There's a small commercial node developed with a 7-11 with gas pumps located to the north of the site and the property to the northeast across the railroad tracks is currently under construction to allow up to 126 duplex units. Additional development in the area includes single family residential as well as a school to the south along Gold Concord Road. The site is currently zoned N2B and N1A, and the request is to rezone to N2A conditional. A mix of zoning is present in the vicinity, including commercial general to the north, N2B and N1A to the west, which is developed with the church and N1A to the south. On the east side of Old Concord Road, a mix of zoning includes manufacturing, light industrial, and UR2, which is the duplex development under construction. The 2040 policy map calls for the N1 place type for the subject site, but the surrounding area includes a mix of place types reflective of the existing development pattern, which includes manufacturing and logistics, neighborhood two, and commercial place types. The proposal includes up to 54 duplex and triplex units, provides for an 8-foot planting strip and 12-foot shared use path along old concord and an 8-foot planting strip and 8-foot wide sidewalk along Rocky River Road and has access via a shared driveway connection on Rocky River Road. Staff recommends approval of this petition upon outstanding issues related to transportation and the environment. In support of our recommendation, the site is about a mile from a community activity center which will provide access to goods and services. The site has frontage on two arterial roadways. A portion of the site is currently zoned N2B, which could allow multi-family stack development. The proposed rezoning represents a better transition given the surrounding uses. The area has also been identified as being within a housing gap area, and this development would fill a need by providing middle housing option. The petition could facilitate goals one, 10 minute neighborhoods, two, neighborhood diversity, and three housing access for all. Approval of the rezoning would change the place type to neighborhood two. Here if you have any questions. Thank you. Good evening members of Council and members of the zoning committee. My name is Pregit Grant. It's a pleasure to be here representing Dreamkey partners with Fred Dotson as well as Pastor Matt on the development of some affordable housing opportunities and partnership with Noel Presbyterian Church. I'm going to quickly just share the site plan to show that it reflects the number of units that we're proposing on West Rocky River Road and Old Concord Road. As you can see, we're looking at up to 54 town home style single-family homes with an amount of open space in the middle. It's a little different on this one. We actually have more trees after the site development of the site than we currently do today. We know that traffic is often an important thing that's brought up throughout this process. And so we wanted to share that a new signal provided by others is intended to be developed at the or installed at the corner of West Rookie River Road and Old Concord Road that will help mitigate some of the traffic concerns in this area. All in all, we really appreciate the opportunity to bring forward another development that's offering affordable housing opportunities. I think staff did an excellent job, so I'm not going to repeat the merits and place type consistency. I'm going to go ahead and turn it over to Mr. Dodson. I'll let him talk a little bit about where Dreamkey is at. Good evening Councilmember Drakes and members of Councilmembers Fred Dotson under the chief operating officer and executive vice president for Dreamkey Partners. We're seeking a reasonable proposal for development on land owned by a new oil press and press material in church. Dreamkey plans to purchase this land to develop up to 54 affordable homes, for sale to individuals and families earning less than 80% of the area median income. In addition to these homes, we'll have a 30 year affordability period ensuring long-term affordability for future generations of homeowners. At Tremkey, our mission is to transform lives, communities, and what's possible through affordable housing. This development is a reflection of that mission, and we are proud of the positive impact we will have on this ability of families and neighborhoods in Charlotte. We are especially grateful for the support we have received from New York Presbyterian Church and their pastor, Matt Conner, who have been instrumental in making this vision of reality. Their commitment to serving the community aligns perfectly with our mission. We respectfully ask for your support to bring much needed affordable housing to Charlotte. Thank you for your time and consideration. Now I'll turn it over to Pastor Matt. In the fall of 1889, a small group of people doing their best to follow Jesus gathered in a home and committed to building a church. 135 years later, a small group gathered in a church and committed to building homes. We sit on about 10 acres with three buildings all of it underutilized in the midst of an affordable housing crisis, short some 35,000 units. But we can create space for people to live work play and pray. We can be better stewards. I'm afraid your time is running out. If you'd like to just wrap up and not get cut off. That was me for 10 seconds. Yeah, because I enter up here. We can create space for people to live work play and pray. We can be better stewards of our space. We can change lives for people to live, work, play, and pray. We can be better stewards of our space. We can change lives for generations to come, but we must organize, dream, and take some risk together, and we must do it now. Nice. Thank you. Under your time. Anybody? Yes, Mr. Thank you, Mr. Drex. I, I do not have a question. I do want to say thank you. I want to say thank you to all of you. This falls right in line. You are continuing what has started, what a number of other religious institutions in our community. But as we kicked off our faith and housing initiative in January this year, and as we are going through what that will look like for community I am happy to see this type of collaboration with not only recognizing our goal in the city to get as close to 10 minute neighborhoods as possible but to build a quality product that's in different price ranges so that our workforce can afford to stay in our city and not live outside of the city. So I just wanted to commend you and thank you for the leadership within your congregation and thank the congregation for recognizing the value and thank for those who are in attendance. Thank you for seeing the opportunity in the community and to publicly thank Dreamkey for being that partner. I know it is gonna be a beautiful project. I look forward to hearing more. Thank you, Mr. Dreads. Thank you, Councilmember Mayfield. I can piggyback off what she said. You all were singing my song, right? You talked about affordable housing and traffic improvements and even the for sale housing when you talk about upward mobility. So I've had the pleasure of speaking with Pastor Matt and I just want to say thank you also. I was watching Councilmember Mayfield and she was, you know, sitting back like a proud mother because I, I, you guys have spoken as far as the faith-based initiative. So we talked about precedent setting. This is what collaboration looks like. This is, and I'm honored that it's in district four. So I'm looking forward to supporting it. Thank you. I have this crown and then Ms. Movina. I'm honored that the project is here. It may not be in District 3, but it needs to be a ripple effect. I think that more of people moving forward could benefit from your model. Maybe this can be an example. Faith in housing coordinated. I think that's what I'm saying. But on a more serious note, everything that you say it, people have to live and thrive. And because everything is so expensive, and the prices are outrageous to see you come for. And Dreamkey does amazing work. But just to see you come forward, I'm happy, it's not in my district, but maybe one day it can be. And so, but the city growing and moving forward, this is going to be a no brainer, because everybody's going to be on board with this. This is something positive. Something that affirms everything that we want to see. Don't always get to see, but always want to see. So this is definitely amazing. Faith, faith organizations that are listening. Get on board. Okay. Meet us at the altar. Thank you so much. Mr. Chairman, thank you. I'm just echoing my colleagues, Fred, you know I'm a fan. I love the work of Drink, I can vouch for it. I know what's being done there. I know the mission. Pastor, thank you. I think more often than not, you know, every time you see someone step out on faith to honor a mission, it's just admirable. And from where we sit oftentimes, we're arbitrating something that we're trying to balance in the best way possible, but this is easy to get behind. I'm, you know, happy for my colleague here. And I looking over there like, and council member Mayfield, because I knew she was about the jump out her seat when she saw this. So I'm pretty sure you guys are gonna get some good support from this council. Keep up the great work. Thank you so much for what you're doing. Well, the gloves are here. Second. Second. Second. Actually, before we do, before I take the vote. So Pastor Connery, it looks like you're going to have a rough ride through the council approval process. I did want to join my colleagues. There's a partnership like this of a church in my district in district seven. And I believe this is a way that we can leverage the resources the city is investing and it's just an appealing partnership as well because of your commitment to mission and our commitment to solving housing problems. So I will just add my note of thanks as well. Can I just add one more? Yeah, go ahead. I'm sorry. There was one email I got from the residents asking about the tree save and the trees. And I just wanted to add. And I don't know if I reached out to you, Bridget, but I do have an email from someone that there's, like you said, more trees that will be planted than there are currently. So this is as far as the environment and just it's just a great development. So thank you. What a happy moment okay? No let's leave it for the moment of sunlight. Thank you. Thank you. Oh my god it's like the sunshine. Yeah. When there's always a thunderstorm. to wrap up the hearing about emotions. The clothes. On favor? OK, very good. So agenda item 23, petitioned 2023-070 by Amad Developers LLC, approximately 0.97 acres located on the south side of West Mallard Creek Church Road, east of Claude Freeman Drive and west of Stealthock Street in Miss Johnson's district. The current zoning is neighborhood 1A and the proposed zoning is general commercial conditional. Staff recommends approval of this petition upon resolution of outstanding issues related to environment and site design. We have no speaker assigned up for this, so we're just here to staff presentation. Thank you. As noted, the site is a .97 acre site located on the west side of Mallorca, Church Road, east of Claude Freeman. The proposal is to rezone from N1A to general commercial conditional. The area surrounding the site includes office corporate park uses to the south and west, a shopping center to the north, across to Mallard Creek Road, and mixed use development further to the west, which was approved in 2021 for up to 200 town homes and a small commercial out parcel. The site is surrounded by property-zoned research campus to the south and east. The shopping center to the north is zoned mud o, and neighborhood service zoning is present further to the west. The site and surrounding property are in the campus place type, and the property to the north side of Malachreec Church is recommended for the commercial place type. The proposal is for up to 8,650 square feet of commercial and retail use space. The height is limited to 50 feet and cross access to the abutting properties is provided to the east and west. A 12 foot shared use path is provided along the site's frontage. Staff recommends approval of the petition, outstanding resolution of outstanding issues related to environment and site design based upon the following. Upon rezoning the site could provide access to goods and services for those who work within the surrounding business park. Access to goods and services has been identified as a high priority need in the area. The site will support the town homes that have been approved to the west. The proposed will support the town homes that have been approved to the west. The proposed use is consistent with the established retail uses to the north, and the petition could facilitate goal one, 10 minute neighborhoods, and goal eight, diverse, and resilient economic opportunity. Approval of the rezoning will change a place type from campus to commercial. If you have any questions. So in fact, we do have a speaker. Mr. Amod, you have three minutes. Thank you. Good evening staff. Good evening. Respect to council members. Thank you for letting me give me the opportunity to speak here today. My name is Charles Yolamad with the sole consultants and I represent the ownership of rezoning 2023-07-0. As staff mentioned, it's about a one acre site in the south side of West Mallard Creek Church, surrounded by multiple different uses, including mixed use commercial and campus. We're proposing a rezoning for commercial general, which will be included of five shops, approximately 1,700 square feet each, totaling about 8,650 square feet. Our goal here is to aim for the tenants that are not currently in Charlotte. That's what we're doing at Mount Holly Huntersville and also here at West Mallorca Creek Church. This is a layout of the site. And just to add on to staff, all of the environmental issues have been corrected as of last week. And just a brief summary. I appreciate your time and I'll take any questions if you guys have any. Mr. Johnson. Thank you. And hello, Mr. Ramon. I've had the pleasure of meeting you before, right? Thank you. If you don't know, he's behind. He'll Charlotte. So he's doing great work in the community. Yeah. So I do have a question. Did you mention what the use for this building would do? It'll be commercial general. So anything with retail or restaurants or any type of retail that falls into commercial. OK. We need restaurants and district lawyers. We are going for things that are not in Charlotte currently, so I'm from up north and there's a lot of good eateries up there and we're missing a lot here in Charlotte. All right, I'd love to talk offline. Okay. Yes, ma'am. To close. Second. On favor. Thank you. Thank you, Mr. On favor. Thank you. Thank you, Mr. Monk. Thank you. We moved to agenda item 24. 2024 006 by Oak Hill Management. Approximately 25.7 acres located on the east and west side of executive center drive. South of Albumaw Road and west of farm pond lake in Miss Molina's district. Current zoning is office flex campus, proposed zoning is neighborhood 2B. Staff recommends approval of this petition. Take it away. Thank you. The site is approximately 8.83 acres and is located on the west side of executive center drive. This site is part of a larger office park and is surrounded by multi-family development to the west, a school and office uses to further to the west and office uses to the north and single family to the south. The site is currently zoneed, office flexed campus and is proposed to be rezone to end to be. This is a conventional petition that proposes to allow all uses permitted in the end to be zone. The surrounding office park is also zoned OFC and multi-family to the west is zoned R12 and there is N1B zoning further to the south. The predominant place types in the vicinity is campus encompassing the whole of the office park and the neighborhood place type recognizing the mix of residential uses in the area. Staff recommends approval of the petition and finds the proposed zone is consistent with the mix of residential uses to the west. Additionally the site is within an access to housing gap so access to transit is within a quarter, half a mile to an activity center and is within a half a mile of a proposed major transit Act trail access point all of which are supportive of the requested end-to-be zone Approval of this rezoning will change the place type from campus to neighborhood to I'm here if you have any questions Scrantra have three minutes Good evening. Thank you, Theresa. Members of Council, members of the zoning committee, Bridget Grant with more in Vanellan. Happy to be here on behalf of OCO Management and Chris Brookshar. Councilmember Molina, you may recall that this is essentially part two of a rezoning effort that to bring back life to executive center drive. Since OCO was purchased over 10 years ago, occupancy is continued to be lower than acceptable or functional for the office park. So as a first step, the Oak Hill team rezone the two parcels that they own at the corner of Alamoral Road and executive center drive and they aligned the place, or the zoning with the place type to a community activity center. The second step is to seek to rezone two of the office buildings rather that are further into the site that regrettably have reached their light, expectancy and sort of aged out. We appreciated the unanimous support of council when we were going through the initial re-zoning for the CAC zoning and hope that bringing additional investment to the park with mix of uses into the office park will be viewed favorably. As we've come to see office parks that have a mix of uses can improve their overall viability. This proposal to allow N2B is consistent with the adjacent place type and provides housing within that 10 minute neighborhood format and incredible access to schools, employment and recreation uses. And with that I'm happy to answer any questions. Ms. Molina. Thank you, Mr. Chairman. Just so really quickly, I want to make sure that so I saw that there was an understanding that this was supposed to be a decision tonight. This is not a decision being made tonight. I want to absolutely be clear about that. This is what we call a public hearing in the process. This is where we hear from the petitioner. We hear from staff. we hear about any outstanding issues, and we hear from any community members that are in opposition or in support of a particular petition. And it's an opportunity for us to go back and have conversations if necessary. But tonight, I repeat is not a decision. But with that said, I know that from what I saw online today there was some concerns about the density and the changes in the density as a result of what's happened incrementally. Can you tell me a little bit more about that? Thank you. Yes, thank you. So we're seeking all uses permitted in N2B so that could allow a range of residential unit types. They're doing this proactively to address that they have some decreased vacancy in the office building. This gives them the opportunity to push all of the favorable businesses, the businesses that are working in to collaborate and get 100% occupancy in some buildings and then use the spots that are vacant for residential just to provide that mix. I don't know how they were defining higher density online, what's high density to one person is not necessarily the same as other, but N2 is one of the lower residential districts. Okay. And so it's kind of a mixed office space and residential right now is it'll currently be zoned with this particular petition in my correct and and it is all office right now with the exception of the Community Activity Center album tomorrow and this will bring some residential into the office. Okay so just for context colleagues you guys you know where executive center drive visits were like the Social Security it minutes you need to be and NC works and all of that I don't know if you guys have been there but it's mainly all office space. It's kind of like a drive-through area. A lot of buildings. A lot of buildings, but there's been how much occupancy at this point? The current buildings haven't been more than 60% occupied in over 10 years. It's slow. It's slow. And there's a. It's slow. And there's a lot of vacancy. So like I said, from what I collect, and you and I can discuss this off-line, and I'm happy to facilitate another meeting you have had and reached out to community members. We have. We've had two community meetings. We had the first one when we were looking at contemplating resounding the entire executive center of campus and then we had a second follow up to narrow in on the parcels that we're focused on. So yes, we've been in touch with the community. Okay. And I'm open to if we need to do that again, between now and decision time to offer that opportunity again. I want to stress to anybody who lives in each Charlotte that is interested in this particular petition. And you have any questions, please reach out to me directly. My email is my first name, dot last name at charlottenc.gov. I'm happy to make sure that you're connected to this petition that you get all of your questions answered. Unfortunately or fortunately my colleagues will depend on me likely for what I've found but if you'd like to you could reach out to all of them if you'd like but please reach out to me directly that way I have a pulse of what you would like to have said for this particular petition and with that that's all I have, Kelly. Ms. Molina we appreciate your analysis and assessment. Mr. Johnson. Thank you. Yes, I have a question. I'm very familiar with the Executive Center drive. I used to work in a building. Oh, yeah. 5,700. 5,700. So, and I ended up having an agency fair and brought together all the services in that office park and the Democratic Party was one of them. That's not my guy in mind. There were so many social service agencies there. And part of the reason is because it's affordable office space. And as the city is growing, we know that we have to worry about residential displacement. So the same could be said for office, park space. There are monarchs over there. It's a mental health agency, vocational rehab, adult probation, just so many organizations. So that would be a concern for me. Ms. Molina? I think we even mentioned that before too. Right. We talked about it. So as a council, we need to be conscientious of that. I mean, those are very important services for the community. So where are organizations like that? Where's the space for them? And then I want to clarify for this petition, are you saying one of those office buildings on the corner, I think is vote is 55 hundred or something, is vote rehab. So are you saying that some of the offices, the 60% office space where they condense and all go to other space or what would that look like? That's the goal. The goal isn't to necessarily displace businesses. It's to unify them into buildings that aren't obsolete. Some of the two of the buildings that we're looking at, even one of the tenants called and said it's a great move. There are other buildings in this, honestly I gave a center drive that are in better shape that we would like to be part of. So that's really the goal. Okay, that's my question. Thanks. And, colleague, I just want to follow up on that. Because if you remember, when we talked about this before, remember we were talking about the businesses. And I brought that up to you directly, if you recall, like the businesses that was one in particular, the after-school program for the van. Remember the van we asked before? She's in there too. Right, so it's trying to make sure that we don't put those businesses out and provide housing opportunities. So it's really just trying to balance that. And like you said, it's affordable for a lot of the people who help our community members. So I think that's a great point, Collie. And it's something that we could discuss. I'm sure the community would absolutely be interested in that. I don't know if the vacancy rate is information that's out there. But I'm happy to make sure that anybody who's interested has that as well. All right. I think WIC is over there. I mean, it's a place where people go, it's on the bus line. So we need to have something like that for our citizens. We just have to be conscientious about it. If it's the Valerie Woodard Center, I don't know where it is, but we can't steamroll over that and just not be conscientious of that. I agree. I think that was staff's good guidance to have us pull out some of the office buildings to leave there. There wasn't a question, I'm sorry. Apologies. If you like asked a question, but otherwise nobody asked her a question, so. That's okay. So what were you saying about the office building? Thank you, and apologies. I should know the rules by now. We had the entire office park included and that was one of the points from staff that they wanted to see us pull out some of the parcels to commit to by that very fact that we pulled them out that they would remain office and remain available to all of the businesses that are located there. Okay. Thank you, County. All right. Do I have a motion? I'll move. I can move. On favor. Okay. We move on to item 25. Resoning petition 2024-037 by Church Overlook LLC. Approximately 1.53 acres located on the North and South side of 28th Street and the east side of north church street west of north trion street in Miss Anderson's district. The current zoning is manufacturing and logistics too. The proposed zoning is neighborhood center conditional staff recommends approval of this petition upon resolution of requested technical revisions. Over to you. Thank you. Site is just over five acres along either side of 28th Street and the east side of North Church Street. It's in an area that has historically been used for various industrial and commercial uses. But we're seeing a gradually transition into more of an activity center and in particular along North Charyon where we've seen a lot of investment to redevelop those sites. Currently zoned, manufacturing logistics too and they are requesting to go to neighbourhood center conditional. This resounding is consistent with the policy map where calls for neighbourhood center on those southern two parcels and it's inconsistent with the policy map where calls for neighbourhood two on the northern two parcels of this resurning site. The request is to allow for all neighbourhoods and interuses with the exception of the following, vehicle fueling facilities, vehicle rental facilities, repair facilities, beneficial fuel site, outdoor storage yard, drive-throughs and parking as a principle use. The petitioner commits to upgrading the existing curb rants at the site and installing eight foot sidewalks and planting strips along frontages. Staff recommends you'll prevail this petition upon resolution of a minor technical revision that we have related to the vicinity map. Site is located along the North Graham North Triumph Street corridor of opportunity area. Quarter is programmed seeks to revitalize areas with the mix of uses that provide critical resources for our nearby residents. And this re-joning, re-zoning what shift the site's entitlements away from industrial uses and instead to a more balanced mix of uses allowed in the neighbourhood centre that more closely aligns with the goals of our corridor's program. The NC zoning district allows for residential, commercial, office, and among other uses, and generally supports pedestrian-friendly environments. This petition takes that a little bit further by prohibiting more audit center uses, such as gas stations, and committing to upgrading the site's pedestrian infrastructure. The proposal is consistent with the policy map where it recommends NC for two of the four parcels. And the neighbourhood two place type designation on the other two parcels does not reflect the existing uses entitlements or the intended uses for that area. Just given the surrounding context. And I'll take any questions following the petitioner's presentation. Mr. Ferguson, you have three minutes. Good evening, Honorable Mayor for the night, Drugs and Council, zoning committee. Thank you for time. This proposal is primarily the impetus for it, is to provide for the adaptive reuse of the brick building that you see right there. It's not a known use yet, but there's a couple of people interested in doing it. And that kind of brought it looking at the past. It is a transitional area. It's going from an industrial area that's changing rapidly. There's a lot of entitled multifamily around. We initially came in because we are following predominantly the gist of the 2040 plan going towards neighborhood center As you can see there's a bow jangles in part of that neighborhood to a new bow jangles already so it makes sense to go towards neighborhood center here We worked really closely with the planning department to come up with a few conditions on this as I mentioned It was almost a conventional rezoning But we agreed with them on restricting the use uses to make sure it fits Charlotte's future plans. The result is the conditional zoning that you have with a building footprint, but I want to make sure you guys understand that we are trying to do this to salvage the building there. And while allowing entitlement that'll fit the future plans as it further transitions. I do think there is no need to get into all the details here, but I do think it fits as neighborhoods enter here. I think the N2 was likely something that would have been cleaned up in some corrections to the 2040 plan. And we're kind of striking the balance of the old industrial pattern looking towards the future. That's a serious plan. And I'm happy to take any questions if you cite images there. Do I have a motion to close? Motion to close. Second. On favor. Thank you, Mr. Curtis. Thank you. Move on to agenda item 26. These zoning petition 2024-051 by the site group PLLC. Location approximately 3.44 acres located on the west side of West Park Drive, east of Interstate 77 in South of Tybala Road in Miss Brown's district. The current zoning is manufacturing and logistics too. The proposed zoning is innovation mixed use conditional. Staff recommends approval of this petition upon resolution about standing issues related to land use, the environment and site and building design. All yours. Thank you. This site is approximately 3.44 acres located on the west side of West Park Drive, East of I-77 and south of Tybald Road. It is developed with a hotel. Current zoning is ML2. Reposed zoning is IMUCD. 2040 policy map recommends manufacturing and logistics play site. I wanted to point out a change from what's in your first bullet there. I just spoke with the petitioner earlier this evening and they had an error in the number of existing hotel rooms so that number should match the number of proposed multi-family residential units. So the petition would allow for either 144 multi-family residential units or 144 hotel rooms within the existing buildings on site, but would prohibit a combination of hotel and multi-family units. Tension states intention to reuse the existing buildings as well as maintain existing parking service and other site infrastructure. Would provide a 20-foot landscape yard along the southern property boundary where adjacent to N1 and N2 place types. Identifies the pool area as an open space amenity to remain with the multi-family residential upfit and would limit new lighting to 21 feet in height and required that they be full cut off type with the exception of landscape decorative and accent lighting. Staff recommends approval of the petition upon resolution about standing issues related to land use, the environment and site and building design. This petition is inconsistent with the policy map recommendation for manufacturing and logistics play site. However, it would up fit an aging hotel structure to provide an additional housing option. The adjacent property to the north was rezoned in 2021. Similar elites will allow an up fit of a hotel with multi-family residential units. The decision is contributing to the advancement of the Mecklenburg County Greenway system by dedicating an easement for future King's branch Greenway. And I'll be happy to take any questions following the petitioner's presentation. So, Mr. Nye. You have three minutes? Good evening, Councilmembers. My name is Sam Nye. I'm a civil engineer with the site group in Raleigh. I'm representing the owner of the property Epcon LLC. The existing properties located at 5822 West Park. It's approximately 3.44 acres. Zoned ML2. The existing hotels are comfort in with 144 rooms. I apologize for the we had 116 on there. That's an error. Building, it's a six story. It was originally constructed in 1985. The zoning district change we're requesting is innovation mixed use conditional. This district would allow the hotel rooms to be converted to efficiencies, studio apartments. The units would be upfitted with a new kitchen and updated and refreshed interiors to modernize them. So I wanted to note the change and then I'm available or the owner for any questions you may have. Sproom. Hey, yes, thank you. That's my district. I want to ask a question about, I know the area right there is, they're all hotel rooms in the area now. With this particular hotel, are you keeping it as a hotel? Are you upgrading it to apartment units? Which one have you, and decided still in conversation? Well, we wanna change the zoning and we don't want the hotel to be non-compliant, which is why we have that either or. Right now it's 144 hotel rooms. We wanna keep it that way, and when it's time to redevelop, not imminently, but within the next few years, we want to be able to do that, but we're not going to have two floors B apartments and three floors B. There's that condition to make it either or. So you can stay a hotel until the time when we redevelop and change it to apartments. Does that make sense? No, no. Okay. I'm not following you now. Right now, so right now, you're from, we are hearing, and you're asking me to do what? To lead in the area. Change the rezoning to allow multi-family units. Okay, all right, that's what I need to hear. Okay, yeah. All right, and's what I need to hear. Okay. All right. And so with the parking and the way that it's made is down in the Codal sack right now. Is there going to be, are you going to use that same area to build in that area and keep everything the way it is? Like the view from the map where you can see 77 highway, I'm just asking the questions that the community is going to want wanna know. On that side, the traffic is at a standstill, all the way over to South Triumph Street. So you're gonna be down in the code of sat by the other hotel rooms, correct? Everything down there is hotel-tests right now. There's no plan to change anything on the site right now, other than to upfit the existing building and improve it. They're not trying to, you know, change the site and the parking, you know, other than there's no change to the parking unless it's required by someone. I don't have any questions. May I have any? You know what I do. I just say it. I just say it. I just say it. Okay. I have a question for staff. So if we go back. I feel the excuse me. I'm going to ask you. My apologies, customer. I'm glad. I'll wait. It's your car industry. I'm glad to wait. All different. It's your current district. Go ahead. Thank you. Sorry, but I didn't see you. Question for staff. So we had two previous petitions in this area that pretty much one of them did the same thing. So back in 2021, we had a petition that was approved by council that was either 116 multifamily residential units or 116 hotel rooms. We have, we track so that we have an idea of what's in the area to councilman Brown's point. Do we know if 2020-035 was developed as a whole, as a hotel or a fill was developed as residential. Because I want- We're talking about the site that's just just north of the site correct. Right. 2021-035. It's a similar situation so it was developed as a hotel and then- So it was the so it is currently a hotel. It no the rezoning that to look at the specifics of that rezoning but It was rezoned to allow multi-family residential. So and I'm trying to get clarification because Councilmember Brown As her district is growing needs It will be helpful if we had a better idea of we're talking about residential, we're talking about hotel. The project from 2021 in this area was very similar to tonight's conversation where they asked for a rezoning to be either or. But what I'm hearing is staff is not following up to learn which one it is when the development is completed. So we either have a hotel there or we have apartments or we have rental. But not both at the same time. Right. But from what I just heard, we don't, and it is now September 2024, we don't know if it's either or. You're telling me to- We'd be happy to- We'd be happy to research and get that information. So that will be helpful in this conversation as we're talking about a potential approval for the petitioner. I wanna make sure I'm understanding what you just shared with my council colleague who is the district representative You all are looking for us to approve a rezoning tonight That will give you the ability Well, excuse me for tonight for you. I have we're having a hearing tonight. Thank you councilmember Drex to discuss the innovation mix use Conditional you want the ability because it's currently a hotel, you want the ability for it potentially to be multifamily, but as of today, you don't necessarily have plans for it to be multifamily. You want the flexibility where it stayed the next three to five years, it could be without you having to come back before future council for rezoning. So I think the intent was to get it so that we can change it to apartments now. But right now when you sell that to an apartment developer, they don't want to change. They want this rezoning done before that we can upfit the property and change it to apartments at a hotel. So that's what we're searching for. We wanna do that, but there's kind of a gray area where you get it rezoned and then you're immediately in a zoning violation if you re-zoned your hotel and you have to shut it down. And there's a timing that we want to be able to do, which is, and I think client that operates this facility says that the one to the north of us has been changed to efficiency apartments instead of a hotel. I can confirm that, I just checked the records and it's now a multi-family. It's now, okay, so the 2020-1035 that other petition that they had done is now. It's immediately to the next one. That one is now. OK, so I'm just standing there. This is a question back to staff, because I want to make sure that I'm understanding what we're doing. We are giving the opportunity for a petitioner to come before us to have the leeway through our language to say you can either be able to hotel or you could build multifamily units. We're not going to hold you to either one of which there should be design standards regarding both that we should be able to track in case there were any concerns, cold complaints, whatever it is. This gives the ability for that petitioner to do either or, but we don't have a tracking mechanism that goes in to, yeah, come on up, come on up, David. We don't have a tracking mechanism that goes in to follows which one it is, and if it becomes residential now it falls under a whole different set of code requirements. Because we have things in place to help protect our residents to make sure that they are living in safe environments. Yeah, so they can't convert the units from the hotel units to residential units without going through the permit process without going through building encodes. You can't have an occupancy status for a hotel and then have a residential status for multi-family. You've got to go through a process to make those upfits and then meet new building code for actual residences versus an occupancy for a hotel. So we do have a tracking mechanism, and that's just the permit process and review process to convert those units to residential units versus a hotel. Once that process starts, what these rezoning have done is basically say once you start that process, you can't go back and have, or you can't have both. You can't have a hotel in, you know, couple buildings on one side and residential on the other. Once you start that commitment, it then kicks everything into a multi-family use. And that's what you have to then stick with until you potentially go back. If you wanted to say 20 years, so now change it to another hotel. You'd have to go back through another occupancy review and another building code review. So there are review tracking for all of this. They don't necessarily have some of the same design standards because they're using an existing building. If they tore this hotel down and said we want to just build 144 multi-family units in new residential category in IMU, they'd have to meet all the design standards. But because they're using that existing building, it really becomes an upfit permit through building and codes to make sure they've met all the residential code standards to allow residential occupancy versus temporary occupancy. So again, this hearing is to give them the ability to choose which one that they are going to go through. Yeah. Moving forward, as the petition, as the development that's closest to them that went through this similar. We gave them the option they chose to go towards multifamily. If they were to go back to a hotel, you're, I just heard you say is that go to staff that does not come back to a future council Yeah, if they if they have that kind of both uses are allowed you you can establish one of them as a primary You so you can't share that property between both uses you have to say you're either one or another now if they go through another And there's multi-family and they say well, you know after 10 years we want to go back to a hotel That's another process through building and codes. They would have to go through, but it wouldn't necessarily require a full rezoning unless they want to add other uses or, you know, do some different conditions at the nature. And that's right. So we can stop there because that's why I had the challenge. Where I had the challenge is your, what we're saying is if we were to move forward with this, as was done with the previous project, Council no longer will know what is happening with that particular product. So a future council, it can be turned back to a hotel or a motel, they would not be a part of that conversation. That's where I have a challenge is that we're not only looking at potentially approving a Here's your options you could do either or and then you could go off and do that and there is no accountability regarding Council knowing what's going on It's greatness staff has some checks and balances the community don't call staff to ask them what's going on if there's any challenges. Is there a council representative and their district rep that they're going to be reaching out to? For me personally, all the way out with no comfortable is if there is very clear language in there that once it is decided, whichever one is going to be, that it is clearly stated that any additional changes will need to be, that it is clearly stated that any additional changes will need to go back through the process. Because taking away from future council, understanding what's being developed in their area is a concern because we receive calls daily of apartment complexes that have challenges regarding the management of it. Not saying that that will be the case this time, but we have to take into consideration what's currently happening and the what ifs. So if we look through our lens of being ethically responsible, that what if could be a challenge down the road when the elected body no longer either has a chance to do what I just did. See that a previous development went through the same process but we didn't even know that it did actually transition because we just said you could do either. You could do multifamily or you could do hotel. And we've done a lot of these hotel rezoning with that same kind of kind of either or scenario because as the petitioner alluded to as well you know they Become somewhat not conforming immediately and then they've got some you know issues from that standpoint that the use is No longer allowed and and you don't necessarily want to then Create an issue where they may take a year or two to make that conversion and during that time they're getting code violations when really the only issue is that they try to go through the rezoning to make this conversion and they kept the hotel for a period of time beyond maybe what they anticipated. So that's why we've built in that flexibility we can certainly look to see if there's some better scenarios and outcomes that provide a little more assurance that once that conversions made that it kind of sticks into that use and doesn't have the ability to then maybe revert back. But we can certainly look at that and see if there's some options. That will be very helpful Mr. Batte, but I want us to be very clear and for the minutes to be very clear. My expectation is that we as we're making adjustments to this live document of the 2040 plan and the UDL that it is very clear that if there is a change once a decision is made in this particular situation where it is up could be hotel or rental that if that ever were to change again, then it needs to go back through the full process, not just go through a staff person for them to write it up. Thank you. So, I want to understand the petitioner here. Is it your intention to proceed with this conversion to residential and are you simply wanting to be able to continue to operate the hotel until the conversion starts? In other words, are you wanting the flexibility to go back and forth or change your mind? Or do you have a certain plan and you need a zoning approval that allows you to proceed with that plan? In which case I think we can do a better job of describing what the approval is that we're being asked to give. And that's a question? Okay, yes. We want to change, we want the zoning approval to change this hotel to apartments, so efficiency apartments, right? And I never even considered the idea that you would then change it back, but I mean, I do see what you're saying. It's very valid, but it's a hotel now. It's, I think there are the ability to add more housing in this area would be more beneficial than the hotel. And that's what the developers are hired me to do this want to do. That's what we're asking for. Right, so the question is why do we have this dual purpose petition? You could just apply for residential. Is the issue then that if it's approved, you might not be able to operate the hotel until the time came when you could move ahead with the or why are we doing this? That's typically how we've approached them because of that exact scenario that if it takes longer you don't want them to be in a nonconforming status and then run into issues that they have to do upfits or renovations to the hotel. But in the scenario that we're discussing, you know, you could create a condition that states once it gets converted to multifamily occupancy, a hotel use is, you know, no longer applicable and you'd have to go back through rezoning to reestablish that use. So that allows the flexibility to stay, you know, as a hotel while they go through the process to convert, but once that conversion to multifamily is made, then maybe there's a condition that states in order to do anything other than that, it's got to go back through a council approved process. And that's something we'll have to look at and see if we can work with the petitioner to put that in place. But I think that would alleviate the concerns that Miss Mayfield was communicating that you don't want it to necessarily then go back from something else. So I think there's solutions for us and we just need to put our heads together and come up with something that works for everybody. A little more clarity around the plan, I think. I agree with you. Yes, anybody is going to. Thank you. So Ms. Mayfield is right. We do receive calls about what's going on in our community. We receive calls about by right development that our residents expect us to know about. I have a call pending in right now to Theresa and I'm waiting on some information about a development. You answered my question regarding the hotel and the reason for this status. If we approve the residential and they didn't develop right away, the hotel would be considered non-conforming, even though their grandfather didn't. Not the way it's structured currently. If they just said we only want to be multi-family and the hotel use wouldn't be a permitted use, then that'd be an issue. That's why we've got that kind of, you can have dual, you know, a scenario where you can operate as hotel currently, convert to multifamily down the road, but I think the concern that we're hearing is you don't want that to then convert it back to something else later. So it's just capturing that later scenario. So there's nothing in our ordinance that protects existing statuses once the site changes. If the zoning changes and the use is no longer permitted in that zoning district, it can stay as somewhat of a nonconformity, but there are limitations to what you can do with that nonconforming property. So that might be something we look at those limitations. I mean if you're grandfathered, if this hotel is, it's conforming today and we change the, the plan or the status or the type, then I don't think the existing you should then be considered non-conforming. Because this, I mean the petitioner said, this is so that they can market it and the potential buyer wants it to be resumed prior to buying it. So that's the reason. My concern with this is, this is a hotel on the corner of Tyvola and West Park, it looks like the confranny in, is that correct? So, and there are lots of cars in front of it. Do you know the occupancy rate for the hotel? Currently? I don't. The owners here they probably do know. If we want to call them down they can answer that. Yes, please. I'll be relevant. The average is about 50%. 50%. So what's happened in the past and my colleague, this is happening in the past, people are displaced when these hotels are sold and sometimes it's a surprise. Because they're not watching the council meetings. A lot of times those people, you know are watching the council meeting so There needs to be as much Advanced notice to the folks in the hotels and motels, you know, that those are the places that people who have evictions on their record or criminal background or Or for whatever reason Don't have I mean that for whatever there's a barrier Have children on the background? Yeah. There's a barrier to permanent housing. Correct in that language. Okay. Okay. It's challenging. So anyway. So we got to make sure that there's a displacement plan. We've sold hotels and hotels have been sold in the past to multifamily and people are displaced. So we have to make sure that the fires or the hotel owner that there's notices to employers that this is for sale, current, that it could change and the residents or the tenants need to be notified as soon as possible. So we've asked before for hotels on Sugarugakriek in different areas what is that displacement plan? And I would like to see something like that for residents. When would they be notified? Is there going to be organizations to come in and help them find additional housing? Because even though it's 50%, those are 50% of 100 and how many rooms? 144. That's quite a few families. So we've asked for that as well. OK, thank you. I'm sure you have. Thank you. Thank you. OK. And that's the benefit. I've talked about cumulative impact for a long time. That's the benefit of having information about cumulative impact. What does this look like in your area? How many hotels have changed to multi-family? Miss Brown, where are those people living? We know affordable housing is very challenging in the city and folks living these hotels and motels because they don't have a choice many times. So we've got to find out what's happening and if you could find out if how many of these hotels in your area have have been changed to multi-family or what is the plan for that. I mean that's probably a good idea for all of us who serve who have vulnerable areas in the city. So I ask about the occupancy rate, the plan for displacement. So that's all I have. I'm just broke. Thank you. Any way. I think you can see it. I think you can see it. I think we know. Mr. Chairman, if you'd allow me and I told my colleague, I think it'd be better for her to summarize because it's, you know, her district. I just want to add, I set here a kind of puzzle, because you think about a hotel and a place that someone would call home permanently, not to dismiss that a hotel can also be somewhere that someone calls home permanently. But to understand that those are two totally different types of developments, right? I was completely confused to say that we would at some point, and you know, our chairman here, he clarified it with a great question to make sure that we were pointed in that understanding. But I think my feedback for our staff, because that's who we're going to be working with going forward is what can we do, right? To make sure that we're as uniform as possible. I would love to, and I know we're not going to be perfect. I know you guys work hard. We appreciate the work that you do. And I know that this is something that you're developing as we go, right? But I wish that there is a way to get us as close to Uniform when it comes to like some of our decision making processes What what have we done what type of precedent have we said in the past? Have it not been for you know councilmember mayfield mission, you know mentioning the past petition I would have no light and it was referenced to anything that had been done in the area, right? Like whether a previous council had made a decision that would be congruent with this particular decision. And so that really helps shed light on how we make these decisions. And what are potential clients, people who want to do business with us, the City of Charlotte, what we've done in the past and what they can expect from us as decision makers, right? From a community member standpoint, we look all of us are beholden to a public that contact us and hold us to the fire 100% of the time, right? And so when it comes to decisions about living spaces, although the business aspect has to be taken into consideration, we have to consider the human impact. If we make a place for someone to stay, do they want to stay where it used to be a motel? Because they don't have as much parking as they would, let's say, in an apartment complex. Again, those are two in my mind and I may be missing something, but in my mind, they're different living conditions. They're different parking spaces. They're different amenities that surround a hotel. It almost, and I mean, I'm just imagining here, it could possibly even be conducive to what we consider to be the 10-minute neighborhood, right? Because people come in, they build businesses that are adjacent to hotels, because they know people come in and want to eat, they to do this and want to do that. So it's not that I'm absent and not seeing the point of what could potentially be, but I do. I'm a little unsettled to say the least, to say that I'm open to say whatever you decide or you know you hold it in place so you can continue to make money and then maybe if it makes sense for you down the road, you can decide that you want to make it. I'm uncomfortable with that. I don't know how I feel. It's almost like Judge Newton made a decision, having no understanding with something that's potentially, none of us knew would be open in it, but now it's open in it. It comes back to a new council, and someone's going to hold me accountable as if that's a decision that we made right now and it was made four years ago. It's parallel in the understanding of what we need to be able to be efficient in these decisions. And especially with the short term leadership that we have in these roles, we're only here two years. And so in those two years, most people don't know that. I tell people like we're running every two years, right? And we can completely have a different council in the future who may or may not understand the context by which we've made a decision. So, you know, it's, I'm an uncomfortable for me because of the open-endedness, but I'm going to depend on our very competent staff to give us some parameters for our decision making going forward because I know that we got a strong team and they can help us understand this. So we're having what is in part of policy conversation. The current petition needs to be assessed in the context of what we've been told. I think the message has been put across clearly that we need clarity around what the outlook is and what can happen. And I think some good points have been made about maybe things that we should consider. I just don't want to introduce any new requirements that this petitioner didn't know about. So with that, anybody else? Yeah, me, of course. Yeah, of course. So I want to thank my colleagues one for bringing some very valuable information, especially Mayfield who has been in the district for working the district. Ten years. My only concern when I asked you was what you were going to do, it sounded like if I was just presenting, if you were just presenting to me, we didn't know where we were going to go in the future. And for me for the district rep, I need to clearly be able to state to the community. What we're going to do in that area, because they are very, very vocal in the nation for area right now. There's a lot of things that's going on in West Park does intersect with that. I just want to make sure that we bring our best foot forward, the best possible solution, even with the developers, whatever works for them to make sure that it makes sense for the community along with everything that my colleague said, not to go back and say everything that they said, because they speak very clear and they speak very direct. But I didn't understand as a district rep, it was very confusing so it had to be confusing for the people that are listening to us our constituents as we bring forward what we're going to do in an area so to you mr. patine you guys are very good at what you do your job this for me right now would be unacceptable as a district rep I wouldn't be able to put my signature on anything on it. It just doesn't even make sense at all. I need to know what we're going to do, how we're going to do it, understand that if they want to move forward and they want anybody to be without money. You know, the revenue, the economic driver, all that stuff is very important, but it's also important if there are any residents in there and I know you're waiting for that day to come back. Can I get that number sooner than later? I know someone's raising their hand. Can we speak to that? Yes, you can speak to that in just one moment. Only the speaker who signed up. He's asking questions. I have Sam Nye here. Okay, you can speak. He said no. I know, but I don't know if all 72 families are using it as a place to stay. Or if it's because they're still using it as a hotel. Right, is it permanent housing or is it a temporary state? Somebody's visiting Charlotte and there, because that hotel is still open. And I know that people from the airport go there and they go there and they reside there. So my question would be the number of people that use it for a permanent houses, a place that they call home, because if they stay there, we definitely need to have a plan to move forward to make sure that they're not going to be unhoused or they have become part of our unshelved population and we certainly don't want that to happen. To my colleagues, Councilmember Johnson's very valid point, most of the residents that are standing in your place of resident, they call it home, and there are going to probably be some blemishes that they're dealing with in terms of maybe rental history. Their rackets to things that they've done in the past, and we wanna make sure that that's not something that's going to hinder them moving forward. I just can't say I'm on displacement of families and a lot of them have small children. So that is definitely gonna be very, very important for me. And just to see, we can work together on anything. I want everybody to thrive. I always say that in my seat. Go back and listen to me. I want everybody to thrive. Maybe thrive in four different people in different areas. It might mean something different. But that's what I would like to see. So I would listen to the owners respond to the families that are in there that may face not have it anywhere to go. Can we respond? Yes, absolutely. Okay, great. So I talked to the owner and his brother that is here and operates the facility. They're not aware of anyone that lives there permanently. This is operating, I mean, I don't know. When I was a kid, my parents always stayed at comfort in. That was whenever, so when we would visit a place, that's the hotel that we're staying at. So when they're saying there's a 50% occupancy rate, those are not people that live there to the owners understanding it all. I mean, there's nobody that stays there for more than you know a couple weeks while you're doing a construction job there. And I know the types of I've stayed in other hotels that have people living their permanently but in this facility you know I googled a you know a room there for tonight and you know the rates were you know around a hundred and hundred and twenty dollars for the night. So it's it night. So it would not be an affordable option for me to live there. I mean, it's inexpensive. It's a hotel. And the thing that we didn't show was the renderings of what it looks like on the inside. But these are not going to be like, they're going to, I don't think they're displacing anyone okay what I'm what I've been told the part I don't think needs to turn in we're not for sure okay because the thinking piece you're not yeah okay I just don't like to talk to what other people know as right I got you and so we don't know because the think there's a puzzle there when you say think but we just need to know those say the. I've been inside the hotel before, so I know what it looks like. I've been inside of there. It's a very, it's a very nice hotel. They maintain the property and everything. They're not in the stragglers, anybody hanging out. I get that, but there is also a discounted rate when families stay for a long period of time. sure even if it's one family what are we going to do with that one family? That's all. That's how strong I feel about someone that haven't anywhere to stay. Okay? We're good. So Mr. Dean what can we do moving forward? Like so we've asked for that information as well. We work pretty closely with our Housing and Neighborhood Services folks on these projects to get conditions that address that specific ask for displacement strategies. We have another that will be coming forward for a decision. Next month, in fact, it was scheduled to be up for a decision tonight, but they didn't have some of that information together, and we asked them to hold off until they do. So we take that seriously as well. And it's something, again, that we work pretty closely with our housing and with services, folks, to make sure that they're in a comfortable place also to make sure that those resources are set up in condition as part of a rezoning to say they're going to do X, Y and Z to make sure that if there are people that displaced they have enough time they have enough resources you know to get some of the assistance they need to find you know another form of housing somewhere while that you that housing option may no longer be there for them. That's something that we have asked for on this petition also. If it turns out that there's not displacement and we have good confirmed information, then some of that similar language may not be needed as there would on another hotel that we're seeing where that may be more of an issue. But it is something we look at through all of these. And again, we're looking at trying to get some uniform language to put on all of them that address it to make sure that we don't run into those types of displacement strategies that I think we all know far too well that we've seen over the last, you know, probably really ramped up over the last two years or so in the city. So. Well, I definitely appreciate you explaining that you do your job and you do it very well, but my job as the person that sit in the seat for the people in the community is to ask to tell questions as well as my colleagues. And for you to answer them like you've done, and for us to be able to move forward and see exactly how we can get on one day in a perfect world, I would like for us to be on a more blanket page. Yeah, that's what we're looking for. More your form. Working towards that. Well, thank you so much. I appreciate everything that you do. And I don't value what you do. Thank you. Your work is very hard. That's your lane. And we all have our lane. So thank you so much for answering the questions and working hard as you work. Yeah, no, I always appreciate the insight from y'all. be a little bit more informed and get the outcomes that we're all looking for. So thank you. Thank you so much. Do I have a motion to close? Motion to close. Second. All in favor? Thank you. Okay, Mark. We move on to item 27. 27, addition 2024-055 by 2-1-0-5, approximately 2.897 acres located at the Northwest intersection of nation's forward road and forest point bou So I think her name is Tywana. Oh Tywana. Yeah, my name is Tiawana. That correction and your name. And for the record and for the world. No relation. No integrity issues. No conflict of entrance. I'm related to great things. The current zoning is often office flex campus and the proposed zoning is innovation. Excuse the staff recommends approval of this petition. Sir. Thank you, this petition is approximately 2.9 acres located at nation's Ford Road and Forest Point. So Jason to the Samaritans Perse warehouse there. Current zoning is OFC. Opposed zoning is IMU conventional. The 2040 policy map aligns with the proposal aligns with the policy map recommendation for IMU place tight. Staff recommends approval. The IMU zoning district is intended to accommodate areas that typically developed as industrial but are transitioning from exclusively industrial to a broader mix of light industrial, artisan industrial, commercial, and moderate density residential uses within a more walkable environment. The requested IMU Sony District will allow the subject property to be developed with a mix of uses that are consistent with the existing development pattern along the segment of nation's for road. I'll take any questions after the petitioner's presentation. So Mr. Hines? Yes sir. You have three minutes sir. Okay thank you City Council and thank you staff. My name is Jason Hines. I'm an architect that works for this client and been working with them for the past six years. So if you have any questions about this rezoning, I'm happy to answer them. And the civil engineer who couldn't be here tonight is working under us. So if you have any questions from a civil standpoint, I'll try to speak on his behalf. All right, any questions? It civil standpoint. I'll try to speak on his behalf. All right. Any questions? It's Brown. You may have questions on the nation for it, Ro. So I'm looking here and I know some air intents first. I've volunteered over there a few times. That's a big warehouse space back there. Correct? And the correct operation. Operation Christian is child. Yes. Absolutely. When we do the shoe boxes and Operation Christmas child. Yes. Absolutely. We do the shoe boxes and send them out. Yep. So I want to clearly understand what is going to go over there in that area. And there is a large community group supporters on Nation Fort Road have a group called Transform and Nation Fort Road. So we would definitely want to include them, their concerns, have their ideas, their input, because this is just a hearing for them to be able to voice how they feel and what as community leaders and people that live in that area think about what we're doing. Okay, do you, are you able to speak? Cause I know you said you were filling in for someone. Sure, yeah. Okay. So the backstory is they were I think originally zone to put parking here. In 2020 they re-zoned it for an office sort of use and now they don't want to do that anymore. So they just want to extend the parking in this area. So they will do like the tree save along nation's forward road, but it would just be like storm detention and parking that would serve the operation Christmas child warehouse. So they're going to still stay there and they're just extending their parking. Correct. They do great work. Okay, thank you. I didn't hear what I thought I heard. Okay, no problem at all. So, Samaritan's Purse is going to extend the area for parking for volunteers, for people that come in there that work and do the good work that they're doing for the time of the year. Because they own that space. And they just want to extend the parking area for more volunteers, employees, and people that are traveling due to help with Samaritan's purse operation Christmas and what else they do. Okay, I'm good. Thank you. Move the clothes. Yeah, move the clothes. Move the clothes. Yeah. Second. On favor? Okay. We need to move going to item 28. Resoning petition 2024-057 by Savilex Homes, LLC. Approximately 6.035 acres located on the east side of Susanna Drive, North of Hart Road, and South of Rosalous Lending Drive. It's in Mr. Graham's district. Current zoning is neighborhood 1A. The proposed zoning is neighborhood 1D. Staff recommends approval of this petition. Max. Yes, petition. In 2024, 057 is located on the side of Susanna and dried north of Hart Road, south of Rosalos Ferry Landing, and Rosalos Landing. The site is approximately 6.035 acres than the site of a single family house. Property zone N1A neighborhood one The pro zoning is N1D neighborhood one at conventional zoning district 2040 policy map recommends the neighborhood one place type in one D district is consistent with this place type This is a conventional rezoning petition. There's not an associated site plan and would prevent any use allowed in the N1D district Staff recommends approval this petition as the N1D district alligement policy map. The development pattern prescribed by the neighborhood one place type and permitted by the N1D zoning district is consistent with the character of the area. I haven't taken any questions after Mr. Ferguson's presentation. Mr. Ferguson, you have three minutes. Thank you. Council zoning committee, Russell Ferguson on behalf of Savilex Homes. I'll see. I think this is a nice, there we go. Nice break, this is quite simple. It's going from N1A to N1D is the request. We're requesting that to allow it to develop in line with some of the adjacent areas that are already developed. This area has some vacant land and this vacant land can add to the housing supply of Charlotte in a way that is much more cost effective than other areas. There was already in one D entitlement all around this and then some of the older parcels as you can see from the zoomed out residential area. It was a different method in a different time but has similar kinds of density there. In the adjacent neighborhoods, this parcel also has a unique piece that is blocking some street connectivity. So by rezoning this to N1D, it will be allowed to move forward and connect a couple of those neighborhood streets to begin building a neighborhood road network there. This site is in proximity. I think if you Google it at a non-rush hour time, it's like under 10 minutes to get to Harris-Teter, to the commercial node there. That's Rousel's Ferry and Rousel's Landing, which is right off the map that we just looked at, where you can get to a few restaurants. And there's 16 right there. So there's access just to the north and then down to the south. So it's in an appropriate place, a good place for a neighborhood. It will still be more of a traditional style neighborhood, but it's in line with the president of the area and happy to answer any questions you may have. This may feel. Thank you, Council Member Dree. Actually a question for staff. Yes. So we've had quite a few, but I'm noticing that the number of people attending the community meeting for this is zero for this N1D. We say any uses that's permitted so it could be multifamily, it could be single family, whatever it can go into M1D. So, any use permitted in M1D? So, that would primarily be single family duplex and triplex on individual lots along the public street. Okay, because I think previously early in the year, I had asked if we can, as we get comfortable with all of these new acronyms that we actually give us a snapshot of what can go in there. Here's the question that I'm wondering though because I believe that's multifamily that's around it and the most closest is that single-family multifamily there's John Morrison and Alvin Woods. It's a single-family subdivision but it's zone MX which which is a mixed use. But it's developed as single family. So our current language says that a petitioner would mail out within a 300, what is it? 300 feet from the property boundaries. Yes, they have to notify the property owners within that boundary. OK. So somewhere in this conversation, as we're looking at the UDO in the 2040, just to ensure it's in the data. What do you want to put it? You can be right back in there. I'm concerned that with how active the community over there is that we are showing that zero attended a meeting. So can you help me with that? Yeah, so we held a virtual community meeting. I will, I have done three rezoning of a similar nature in this exact area. And we had some attendees in the first meetings, and we had actually a speaker against in one of the first rezonings in this area. And it was mostly a misconception about some things. And so I think it's more of a comfort with what is happening than it is a lack of awareness of it. We do also mail out to all neighborhood organizations to a much broader. And I know we did conduct the bailings and nobody RSVP. And we did it virtually to try it, usually virtually gets more attendees that did not work. That's helpful. Thank you, Mr. Dre. Move the clothes they're hearing. There's this three of us left. Is that a second? You wish to speak. Second. My own favorite. Thank you. All right. Thank you. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. So you're only a note if you say no. So when you read the minutes, even though some bodies are not physically at the table for different reasons, they are going to be recognized as a I slash yes in the minutes for it. And as I noted earlier. And this is your commitment to you. I just need you to see this. That's right. That's right. So those votes do count as being unanimous. And as I'll mention as I did earlier that all of us have the opportunities to see these hearings on video and will inform ourselves before the vote night comes so I don't want people who come to speak and see the empty chairs to be discouraged. Carry on. Okay, we're moving on to agenda number 29. Here we go. Resoning petition, 2024-062 by Otis Crowder. Approximately 7.4 acres along the southwest side of Bookshar Boulevard and the Southeast side of Fred D. Alexander Boulevard. It's in Council District 2, Mr. Graham's District. The current zoning is manufacturing and logistics 2. Proposed zoning is innovation, mixed use, conditional. Staff recommends approval of this petition upon resolution about standing issues related to transportation and environment. Partition 2024-062 is looking on the Southwest side of Brookshire Boulevard, Southeast side of Red Deoghs and Boulevard, sites approximately 7.4 acres and developed two office buildings. Current zoning is ML2, manufacturing and logistics, positioning is IMU CD, Innovation and Mixed Use Conditional. The 2040 policy map recommends the manufacturing and logistics place type for this site. IMU district is inconsistent with the M&L place type. Approval of this petition would arise, the 2040 policy map recommendation to the IMU place type. Prozok calls for the allowance of the continued operation of the office use on the site, as well as a proposed 4500 square foot addition to the use. The plan limits the total number of principles of the buildings to no more than two. Plan specifically prohibits uses such as residential, hotel, motel, a lot of performance venues, nightclubs, outdoor markets, lodge and meeting halls, access to the site is from an existing driveway, off a brookshier boulevard, all applicable transportation and roadway improvements will be completed and all required dedication and right away will be conveyed prior to the issuance of the first certificate of occupancy. Any proposal, any proposed building expansion will utilize materials that are architecturally compatible with the existing buildings, staff recommends approval of the petition, upon resolution and by staying issues related to transportation and environment, as the plan would allow for the continued operation of the business on the side as well as the expansion of office facilities, which are not possible under the current ML2 zoning. The proposed plan prohibits certain uses that would not be compatible with the M&L character of the area. And the IMU place type is a preferred adjacency with the M&L place type. Have you taken any questions after the petitioner's presentation? Mr. Dolelin, you have three minutes. Thank you. Good evening, Council members, Zoning Committee. My name is Jason Dolelin with Tim and the group and I'm representing Crowder Construction. Crowder Construction has been using these parcels for a number of years as office buildings to support their construction business. They are seeking to expand their buildings to meet their needs, and the new zoning classification will not allow them to do so. And so the rezoning is necessary in order to allow the office building to be expanded. I can answer any questions that you might have. So this would become a nonconforming use if we didn't rezone it? So the problem is it is a nonconforming use if we didn't rezone it? So the problem is it is a nonconforming use. The office facilities, standalone office facilities are not permitted in the ML-2 district. And the expansion that is permitted to that nonconforming use is not enough for what they're looking for. They'd be limited to a thousand square feet of expansion. Thank you. Any other comments? you any other comments motion to close motion of close favor We move on to item 30 He's owning petition 2024 063 by Alchemy development LLC Approximately 1.33 acres along the north side of state street east of South Turner Avenue and west of Bates Ford Road in Mr. Graham's district. Current zoning is neighborhood 1D, neighborhood 2B, and neighborhood business conditional. The proposed zoning is neighborhood 2A conditional. Staff recommends approval of this petition upon resolution of standing issues related to the site and building design. Petition 2024-063 is located on the north side of State Street, east of South Turner Avenue and west of Bayesward Road. The site is approximately 1.33 acres in size and developed with a commercial building, material storage yard. Current zoning is N1D, N2B, and B1CD, neighborhood business conditional. A lot of districts on that small lot. The pro zoning is N2ACD, neighborhood two conditional. The 2040 policy map recommends the neighborhood one place type for the site. N2 district is inconsistent with the N1 place type. Prove all this petition would revise the 2040 policy map. Recommendation to the N2 place type. Prozo calls for the development up to 29 multifamily attached dwellings, limited to five units per building, the following transportation and permits were proposed, vehicular access will be via driveway on state street, and network of internal alleys. All transportation and permits will be completed prior to the issuance of the first CO. Following landscaping and street scape improvements are proposed. Construction of an 8-foot multi-use path and 8-foot planting strip along State Street. A 10-foot classy buffer ER will be planted on the side and will reader the property. Walkways will be provided to all residential units to the public street. The following architectural requirements are proposed, which include prefer to prohibit building materials, minimum slip of the roofs, usable porches and stoops, raised entries, blank wall, limitations, adjacent public streets. Buildings are limited to 150 feet in length. HVAC, meter banks, solid waste areas will be screened for public view. Staff recommends approval of this petition upon resolution of outstanding issues related to site and building design. As the proposed development would fill in the need for housing in the area that has been identified by the 2040 conference plan is lacking access to housing. Site is located within a half mile of a designated neighborhood center within a block of the Stewart Creek Greenway. See Verville Park and Martin Luther King Park. And the site is well served by public transportation, located within a half mile of two links, goal line stations as well as the number 178 and 34 cat's buses. I'm happy to take any questions after the petitioners presentation. Mr. Moore you have three minutes. Thank you councilmember Drake's my name is Eddie Moore with McAdams. We are assisting Chris Foley with alchemy development and Chris a grun renda with urban trans real estate We'll be brief with the presentation Max has done a great job going over the items the commitments of urban trans real estate. I will be brief with the presentation. Max has done a great job going over the items, the commitments that we plan to, at here by in this area for the site plan. It's interesting 67% of the site is already zoned into B, and we are requesting into BCD for up to 29 rearloaded townhomes. Carly the site's being used as an office in an outdoor storage area. Kind of see there in that picture. And a lot of the commitments that Max has mentioned, I'm not gonna go back through. We have held two community meetings. We will hold another one tomorrow night with the Seversville Community Organization. So we are staying in contact with the neighbors and the community organizations in that area. Again, the site plan, all the units will face state street. We do have a private alley, all the driveways, and the garages will face each other so the buildings to the top of the plan will face to the north. And from there, I will glad to answer any questions you may have. Do I have a motion to close? Second. Oh, make it. I had a question. Staff went through that was the side presentations. Did you have the quicker or the staff? Because we went through that rather quickly. I was trying to see the last slide before it went to questions. Go back one more. I'm not brave to get that up. I'll be glad to go back to any slides. No mind. We can follow up. Thank you. Go ahead and move the folks. Dennis Lodz. No mind will you follow up. Thank you. Your second all in favor. All right. Thank you Mr. Moore. Moving on to petition agenda item 31, petition 2024-066 by Carmel Park Partners LLC. Approximately 1.9 acres along the west side of Carmel Road, North of Carmel Commons Road and South of Pineville Matthews Road in my district. Current zoning is shopping center district conditional, proposed zoning is community activity center. One conditional staff recommends approval of this petition upon resolution about standing issues related to site and building design. All right, it's the last time you have to hear from me tonight. Petition 2024-066, located along the west side of Carmel Road, North Carmel Commons Boulevard, South of the Pineville Matthews Road, site approximately 1.98 acres and size and developed with the surface parking lot. Current zoning is B1SCD, Shopping Center District Conditional, proposed zoning is CAC1CD, Community Activity Center 1 Conditional. The 2040 policy map recommends the Community Activity Center place type for the site, and the CAC1 District is consistent with the CAC place type. Postal calls for development up to 38 multifamily dwelling units limited to 16 is for building, following transportation improvements proposed, vehicular access will be via a private drive off of Carmel Commons Boulevard. All required right away, dedication and transportation improvements will be completed prior to the first CEO. Following landscaping and street scape improvements are proposed. They will construct a six foot sidewalk and an eight foot planting strip along that proposed private road off the Carmel Commons Boulevard. All units, the fronting the private street will have direct connections onto the sidewalk. Walkways will be provided from all residential entrances to the private street, and trees will be provided along the private street and an internal alley network. Sidewalk is proposed that leads to the South Eastern portion of the Carmel Commons Shopping Center, a minimum 30 foot-lide landscape ER would be planted to class C standards with an eight foot opaque fence at the rear of the property. And a 10 foot wide landscape ER planted the last C standard with an 8-foot opaque fence at the rear of the property. And I Tim, but why the landscape you are planted at the class B standard with a 6-foot opaque fence will be planted at the sides of the property, where it's adjacent to Carmel Common Shaving Center. Following architectural requirements are proposed. Primary building materials will include brick stone, cementous siding, final ephids and masonite are prohibited as primary building materials. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. It's a miniaturized. will include a garage, staff recommends approval of this petition, upon resolution about standing issues related to site and building design. As the proposed development replaces a young underutilized surface parking lot with 38 dwelling units, increases the number of variety of housing types in the area, and the site is walkable to Carmel Common Shopping Center with wish-boast, a wide variety of daily uses and services. Happy to take any questions following Mr. Carmichael's presentation. Mr. Carmichael, you have three minutes. Give evening. Thank you. Members of the Council and the Zonday Committee have John Carmichael. I'm on behalf of the petitioner with me tonight are Andy Lucas and Jennifer Greason. The site contains about 1.98 acres. And I think we have a presentation. It's located on Carmel Commons, which is between Highway 51 and Carmel Road. It's the site is a portion of the Carmel Commons retail and office development, and it's currently a surface parking lot. And the petitioner owns the two buildings. I'll try to say, okay, thank you. The petitioner owns the two office, this is the site. Green, the petitioner owns the two office, this is the site green, the petitioner owns the two office buildings here. Once again, it's part of the Carmel Commons retail and office development. The site is zoned B1 SCD and the surrounding parcels are zoned B1 SCD. Across Carmel Commons Boulevard are parcels zoned R15 MFCD and those parcels are devoted to town homes. The request is a rzoned the site to community activity center one CD to accommodate up to 38 townhom units on the site. The request is consistent with the 2040 policy map which recommends a community activity center place type. This place type promotes a variety of uses such as office, retail, and multifamily residential. This is one of the site plans. This shows, this is a zoomed out version. It shows how the proposed residential development would relate to the retail to the north and east and to the office buildings to the south. This is the closer-in version of the site plan. The site would be accessed by the internal private street from Carmel Cummins Boulevard that Max referenced. There'd be an eight-foot plane strip and a six-foot sidewalk on both sides of the street, as well as on-street parking. And this sidewalk would extend to the east to provide a pedestrian connection to the multitude of retail and restaurant uses at Carmel Cum Shopping Center and there are a lot of good uses at that shopping center. The site, the units would all be rear loaded with garages so the units would either face the private street or the internal green space here. There'd be a 30 foot tight B landscape yard along the northern boundary, along with a eight foot tall fence, 10 foot wide tight B landscape yards along the eastern portion of the site here and the western portion of the site here. There would also be 6-foot tall wooden screen fences on the west and eastern portions of the site. This development would convert Carmel Commons into a true multi-use development with office retail and residential. It would also convert an underutilized parking lot to a more productive use. We appreciate the planning status recommendation of approval and we'll work through the outstanding site plan issues this week. We're happy to answer any questions and we appreciate your time and your consideration. Thank you. So I don't have any questions for the meeting to have a motion to close. What a close second. On favor. Thank y'all. Thank you. Moving on to agenda item 32, Resonting Petition 2024-068 by Culp Road Materials, LLC. Approximately 14.1 acres located on the south side of I-85 service road west of Sam Wilson Road and North of Wilkinson Boulevard. In the ETJ the Board of County Commissioners District is Miss Leaks and the closest city council district is Miss Brown. Current zoning is neighborhood 1A. Proposed zoning is manufacturing and logistics to conditional. Staff recommends approval of this petition upon resolution about standing issues related to transportation, the environment and land use. Thank you. This petition is approximately 14.1 acres located on the south side of I-85 service road. East of Sam Wilson Road and north of Wilkinson Boulevard. Here the interchange of I-85 and I-45, in charge of Douglas Airport. Current zoning is N1A, post zoning is ML2CD. 2040 policy map recommends neighborhood one place type. The proposal is for up to 75,000 square feet of uses permitted in the ML2 zoning district with the exception of adult electronic gaming establishment, adult use, agriculture, industrial processes, airport, air strip, cemetery, correctional facility, crematorium, homeless shelter, landfill, land clearing, and inert debris, quarry, raceway drag strip, shooting range, indoor vehicle repair facility, and major waste management facility. Access to the site would be limited to I-85 service room. Petition commits to a 100-foot class A buffer along the perimeter of the property, which is reduced in some locations to 81 and a quarter feet with a fence. A minimum 100-foot class A buffer is shown along the southern boundary where adjacent two developed and one. Staff recommends approval of this petition upon resolution about standing issues related to transportation, the environment and land use. The petition is inconsistent with the neighborhood one place type recommendation. However, the site is suitable for manufacturing with just excuses as being located along interstate 85 near the interchange with I-45. The petition commits to a minimum 100 foot class A landscape yard on the Southern property boundary where adjacent to N1 place type N zoning and the petition prohibits most of the noxious uses permitted in the ML2 zoning district. I will take many questions following the district's presentation. It's Todd. You have three minutes. Thank you, Mr. Dirk. Good evening, Council and zoning committee. Suzanne Todd here on behalf of the Petitioner culprit materials LLC with me tonight as cojo's upon he is the CEO and chairman of culprit materials as well. Let's talk about this property for back it up just a minute. The property again is located adjacent to I85. It looks like a little wailed to me. It's outlined in orange. And it consists of 14 point, little over 14 acres. The property is located in the ETJ, so the closest district is Council Member Brown's District 3. The proposed use is ML2CD, and we think this is a great use because it will accommodate a variety of uses for this area, including manufacturing, research and development, warehouse, logistics, uses and other uses requiring outdoor storage. It's an appropriate use adjacent to arterials as well as interstates, airport and the Norfolk Southern freight rail. So what makes this a great ML2 site is one. It is actually located on the I-85 service road. You can see the trucks and everything from I-85 to your right. Well, to write your screen on the left of the screen is the property. Additionally, it is close to I- and the interchange of I85 and I485, the property is right here. It's also close to the airport. You can see the property here as well as the airport right there. Again, it makes for a great location for quick access, efficient access for warehouse distribution shipping, get on the highway quick. The property is generally surrounded by ML uses all in purple. You can see that along the 85 corridor a lot of it is in fact our MLZ. But we are all so mindful that this property is in fact zoned and 1a and is immediately surrounded and abutting and when a uses single family as well as the that is a mobile home park to the south. For that reason, we have committed to conditional zoning. We've placed conditions on this site. Those conditions include limiting ingress egress to the service road, as well as excluding some of the more intensive uses. The ML zoning provides significant screening requirements as well as tree-save green space and water buffers. The good news here is that this property is in fact only half of it will be a developed. Thank you and let me know if you have any questions. All right, Ms. Brown or. will be a developer. Thank you, and let me know if you have any questions. All right. Is Brown or Elitio Galsma? Thank you. So you answered my question at the end, because this sounds like being right there, 85, 45, and on a service road. It sounds like an ideal place for manufacturing. And I was thinking, I was wondering why it was zoned in 1A. Because we look for areas that for manufacturing and this just felt like it was. But then you mentioned the single family neighborhood that's adjacent. We wanted to know how many homes are in this adjacent single family neighborhood council member Brown and if you're familiar with areas of the large or at least just houses on like large lots. So houses out there. A lot of houses out there. A lot of houses spread out in the area. Did you have any community? It did. Opposition? Okay. All right. Oh, I don't know about the opposition. I'm going to find out. But that area is heavily attended for the community. They have representation in that area. There was ten online. So that's pretty hefty for that area. So we figure out what's going on. The community is definitely engaged in that area. Do you know if there was opposition? I beg your pardon. Do you know if there was community opposition to this development? Not that I'm aware of. We had a great community meeting. We did have a good turnout and everybody seemed very positive about it. And I think what probably should not have saved this for last, but if you look at the this site the area and pink is actually the developerable area and the reason for that is there's a stream that crosses the property right here and so everything in green is not going to be developed so that provides eight acres of buffering between this site the developer site, and the adjacent properties. Okay. Thank you. All right. You may feel. Thank you, Mr. Draves. Thank you, Council Member Brown. My question is actually for staff because I do know that we tried to work closely with NCDOT. There was conversations for a while now regarding interchange, upgrade with NCDOT. Are we looking at whether or not this will have any impact with that? Come on down. You're the next contestant. So as part of some adjacent development near the interchange, there has been some traffic studies in the not too distant past. And there is plans for traffic signals at the two interchange ramps and at the location where this service road would come out and meet the main line. So you all are already in communication with the petitioner as far as I didn't see it in here, but I attended some of those community meetings where we were looking at the interchanges. You're already having conversations as far as what that road alignment would potentially look like as far as egress and regress. So keep in mind that there's conversations about improvements near the interchange. So based on what we would expect from this type development, we wouldn't necessitate any changes to the plans that have already been developed for the signals along that corridor. Thank you. Mr. Crockenay, I hope you now feel better about having stayed here so late. Who's up? We, go ahead. I'll just say I don't have any real opposition over there with what they're doing. Being that is in the airport logistics near the highway. You've explained the community involvement. I just wanted to see about community opposition. They do have a good showmanship of community leaders over there. I just want to make sure that they're engaged. That's it. Is your quote? We have not had, we had our community meeting. We of course made ourselves available and provided our contact information. We've not heard anything back. I'll reach out to them and you and I will connect. But it's not to say that it is. I just want to make sure that they're aware. Absolutely. For what you presented, I don't see any real opposition from me as the council representative for the ETJ in that area. OK. Thank you for your presentation. Nightmove to close. Second. I like to close. Second. I like favor. Thank you. You're welcome. You said some three agenda item 33. Woo-woo. 34. We'll give it to you. I just jumped in. You look very eager. We're so close. I know. I know. I almost feel it, right? All right, let's do 33, okay? Resoning petition, 2024, 070 by Summit Avenue West Boulevard, LLC. Approximately 4.96 acres along the south side of Mount Holly Road, east of Atkinson Drive, and west of Freedom Drive in this Brown's District. Current zoning is general commercial, proposed zoning is manufacturing and logistics. One staff recommends approval of this petition. Tell us why. Thank you. The site is just under five acres along the south side of Mt. Holly Road. Generally in an area that has a lot of industrial uses as well as some commercial uses in residential areas mostly to the north and west of this site. It's currently zone general commercial and they are proposing to go to manufacturing logistics one and this request is inconsistent with the policy maps recommendation for commercial at this site. It is a conventional petition so there's no associated site plan. It would allow all uses permitted by right and under prescribed conditions in the MNL one district. Staff recommends approval of this petition. The resounding sits in an area that is generally entitled for industrial uses and residential areas to the north and the west. The light industrial uses allowed in the M&L-1 district would agree a more gradual transition between those residential areas and the heavy industrial uses that already occur. I think it's also important to note that the M&L-1 district has built-in protections that would buffer any uses developed on the site from the abutting residential areas. So for example, a site of this size would have a required 65-foot-class a landscape yard along the edges of those residential boundaries. Although the policy map here recommends commercial for the site, the manufacturing logistics place type better aligns broadly with the industrial uses and zoning. The site meets the contextual variables we look forward to support a change in the place type from commercial to manufacturing logistics and ever prove this resigning would create a more consistently and development pattern. I'll take any questions. So we have Mr. Amad. I don't think he's speaking. He spoke all 20. What would you call him? Second. All in favor? Appasses. Agenda item 34, 2024, 071 by the Drakeford Company. Approximately 10.25 acres located along the east side of Shorthorn Street and the west side of EWT. Harris Boulevard, North of District Drive in Miss Johnson's District. Current zoning is multi-family residential conditional and neighborhood services. Proposed zoning is the R12 multi-family conditional site plan amendment and neighborhood services site plan amendment. The staff recommends approval of this petition. Thank you. This site, as you mentioned, is approximately 10.25 acres inside, and is located on the east side of Shorthorn Street and the west side of East WT Harris Boulevard. The vicinity includes a mix of single-family detached, some office and industrial type uses, as well as retail development. This site is currently zoned, R12MF CD, and is approved for the development of 95 town homes. Other zoning in the vicinity includes N1A to the northwest and east, industrial and neighborhood services zoning is also present in the area. The policy map calls for the neighborhood one place type for the majority of the site and the neighborhood center place type for the northern portion. Other place types present in the area include neighborhood one, neighborhood two, manufacturing logistics and neighborhood center. The proposal was for a site plan amendment to add 16 multi-family attached units for a total of 111 units. It includes an additional .09 acres of tree-safe in open space and carries forward all other comments from the prior rezoning. Staff recommends approval of this petition as it maintains all prior commitments of the original approval and proposes a modest increase in needed housing. The site is within proximity to an activity center and is within an identified access to housing gap. Approval of the petition will change the place type from neighborhood one and neighborhood center to neighborhood two. If you have any questions. Mr. Jackson, you have three minutes. Thank you. Good evening, council members. Zoning committee, my name is Remington Jackson. At the law firm, Parker Poe, Adams and Bernstein, here on behalf of the petitioner, the Drakeford company Company and Mr. Drake for is also here in the audience. First I'd like to say thank you to staff for helping along this process. So as was already mentioned this is a site plan amendment from the Resign Petition 2021-239, where the position is adding 16 units and approximately 0.6 acres. So we've already held two zoning community meetings with the surrounding community to address any potential issues from one of those being parking that the petitioners made change to address those requests. As you can see, the site has already been outlined in the green as well as the top units. Right there. This was the approved site plan back again, the prior of rezoning 2021-239. This was the newest proposed site plan amendment. This was initially brought to the community at the first community meeting. In this, you can see the changes in that the blue units are the ones that are being added. The community brought up the issue of parking saying that they are worried, in particular, the units over in this area were worried about the parking in terms of if the individuals in these areas had nowhere to park, they may move over to here. So in response to that petitioner, then added additional parking, as you can see some of the longer parking strips. Those were the key things that were brought up during the community meeting in addition to just information about what was going on since it was a site plan amendment if this was a new rezoning, etc. These are some of the statistics that were brought forward to the community to show the difference between the original plan, the approved plan back in 2021, and then the current proposal for the plan, but show that we're still staying within the multi-family 12, as well as some of the other changes with the parking as well as parking right there, as well as short-form we'll have maximum densities still below and then turn on will be a little bit higher. We also brought forward some of the design concepts, some of the elevations, and haven't had any feedback other than positive feedback since the community meetings. I just want to leave it open for any additional questions you may have. Mr. Unseen. Thank you, and thank you, Mr. Jackson. I just want to say this petition, this area, originally, there was a petition, I think it might have been 2020, and the neighborhood was so opposed to this that it ended up being withdrawn. And later on, Mr. Drake for Kane, I wanted to develop it and work so closely with the community. I mean, this was, it was so contested, it was on the news. Joe Bruno reported on it and everything. So this is a very organized group of residents. And if there were opposition, they'd be here. You see them. So it speaks volumes that he developed, that Mr. Drakeford developed it once, and even with the extension or the amendment. He's working with them and they're not here, there's not our position. So I want to thank you, thank you for making our jobs easier, right? And thank you for the standard of quality that you developed, Mr. Drakeford. So that's all I have to say. Thank you. Oh, I do want to ask, I get a hard copy this presentation? Of course. Okay. Thank you. Move to close. Second Do you want to speak Miss Brown? Mm-hmm. All right. All in favor closing the hearing That's unanimous. So our last item for the night Agenda item 35 rezoning petition 2024 074 by Moranca's Holdings LLC. Approximately 1.3 acres located along the northeast side of Marvin Road and the west side of Boundcroft Place, East of Dixie Eels Drive in my district. Current zoning is neighbourhood 1A, proposed zoning is neighbourhood 2A, the staff recommends approval of this position. Thank you. The site is 1.3 acres along the north side of Marvin Road. Along the southern edges of the Valentine neighborhood and an area that's primarily characterized by multi-family residential uses with access to goods and services located just half a mile away along Johnston Road. The site is currently zoned, sorry, site is currently zoned, neighborhood 1a, and they are proposing to go to neighborhood 2a. And that is inconsistent with the policy maps recommendation for neighborhood 1a at this site. I think you'll see on the mapping, it looks a little funky, but it is just neighborhood 1. The policy map layer just doesn't quite line up with the parcel boundaries, but that is the designation is just neighborhood one of this site. This is a conventional petition so there is no associated site plan if approved it would allow all uses printed by right and under prescribed conditions in the N2A district. Staff recommends approval of this petition although it's inconsistent with the recommendation for neighborhood one at this site the parcel is adjacent to a sample champ future multi-family stacked and attached type development along all sides. And it's situated in an area where it's appropriate to allow distraresidential product types given its proximity to goods and services, its frontage along a major arterial road, and its location along a corner lot where we think it's appropriate to allow justification. A conditional petition is not necessary for this request given the size of the rezoning and the existing development pattern in the area. These grant you have up to three minutes. I promise I won't use it once again. This is a pleasure to be here closing out the night again. Bridget Grant land use consultant with more in Van Allen. I'm happy to be here on behalf of the Moroncus Foundation with support with Liz Ward from Give Impact. As Holly said, this is a conventional zoning, and we're happy to answer any questions. 30 seconds. So colleagues, I think we should spend some time on this one. What? Let me take note of my dad here. Give me a second. A second. All in favor? We have a right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. Thank you.