Rezoning Petition 2020-190Pre-Hearing Staff AnalysisMarch 15, 2021REQUESTCurrent Zoning: MUDD-O (mixed-use development, optional)Proposed Zoning: MUDD-O SPA (mixed use-use development,optional, site plan amendment)LOCATIONApproximately 1.3 acres located along the west side of South KingsDrive, east of Kenilworth Avenue, and south of CharlottetowneAvenue.SUMMARY OF PETITIONThe petition proposes a site plan amendment to a portion of theMetropolitan planned development to convert hotel room entitlementsto residential units for a previously approved 285-foot high building.PROPERTY OWNERPETITIONERAGENT/REPRESENTATIVENR Met Property Owner LPNorthwood RavinCollin Brown and Brittany Lins/Alexander Ricks PLLCCOMMUNITY MEETINGMeeting is required and has been held. Report available online.Number of people attending the Community Meeting: 15STAFFRECOMMENDATIONStaff recommends approval of this petition upon resolution ofoutstanding issues related to transportation and site and buildingdesign.Plan ConsistencyThe petition is consistent with the Midtown Morehead Cherry AreaPlan with the residential/office land use recommendation, as amendedvia petition 2014-030.Rationale for Recommendation The current rezoning plan allows a up to 155 multi-familyresidential units and/or a 175-room hotel. The number of residential units proposed is equal to the approvednumber of residential units and hotel rooms.
Petition 2020-190(Page 2 of 8) Pre-Hearing Staff AnalysisThe site plan amendment request limits the modifications toconversion of hotel room entitlements to residential units withminor adjustments to transportation improvements.The proposed development is compatible with the surroundinguses.PLANNING STAFF REVIEW Background The subject property was part of a larger rezoning in 2005 for the Metropolitan development,Petition 2005-60, that rezoned 26.6 acres on the west side of South Kings Drive, south ofEast Third Street and north of Baxter Street to MUDD-O (mixed use development, optional)and UR-C(CD) (urban residential-commercial, conditional) to accommodate a “mixed-usevillage”. The development rights for the subject property identified as “Component C” allowsthe following: 413,000 square feet of commercial uses (retail and restaurants); 256 residential units; Conversion rights allow flexibility between the allowed uses. Limited primary residential building to 250 feet in height. Limited primary office building to 165 feet in height. Subject property has been developed with approximately 192,000 square feet ofretail/restaurant uses, 183,000 square feet of office uses, and 101 residential units. Petition 2014-030 approved a site plan amendment to the subject parcel to allow up to 155 multifamily dwelling units and/or a hotel with up to 175 hotel rooms in a building not to exceed 285feet. The development rights for the subject site per petition 2014-030 allows the following: One building containing a maximum of 155 multi-family dwelling units and/or a 175-roomhotel. Up to 25 additional residential units may be added by converting hotel rooms at a rate of onefor one. Up to 25 additional hotel rooms may be added by converting residential dwelling units at arate of one for one. Building materials include brick, natural stone, architecturally finished precast concrete,decorative concrete masonry units, architectural metal panels, glazing, and stucco and tilecladding. Vinyl siding and unfinished concrete masonry units are prohibited as exteriorbuilding materials. Building facades designed to reduce mass, scale and appearance of large unadorned walls.Specific frontage types are identified as a) greenway entry; b) park protection; and c) urbanedge, with architectural guidelines provided for each. Endeavor to enter into an agreement with County Parks and Recreation to provide shared siteelements that may be located on the site and/or the adjoining park property including, butnot limited to, bathrooms, gathering space, outdoor seating areas, storage and landscapingareas. In addition, will work with County Parks and Recreation to provide an architecturalresponse to the existing artwork in the Midtown Park. Optional provisions were approved as follows: Building height of up to 285 feet. Allow two detached signs with 36 square feet of sign area and up to five feet inheight. Allow two wall signs with up to 400 square feet of sign surface area for each tenantand/or use to be located on the top of the building (defined as the upper three floors),and up to 100 square feet of sign face area or 5% of the wall to which they areattached, whichever is less, for wall area located below the upper three floors. Allow up to 300 square feet of digital wall signage that may be used to (i) advertiseand identify tenants and merchandise located and sold at Metropolitan, (ii) advertiseand identify events occurring at Midtown Park and on the Sugar Creek Greenway, and(iii) as a screen for motion pictures (e.g. movies, TV shows and the like), and (iv) topromote major events, which may include but are not limited to religious, educational,charitable, civic, fraternal, sporting, or similar events including but not limited to golftournaments, festivals, and major or seasonal sporting events. The design/content ofsigns displayed on the digital sign will contain predominantly graphic images (aminimum of 80 percent of the sign must be composed of interesting and unique artlike graphic images); copy area will be limited to 20 percent of the sign area. Thisdigital wall sign must be used to promote events occurring at Mid-Town Park, SugarCreek Greenway and major events for a majority of the time the sign is in use.
Petition 2020-190(Page 3 of 8)Pre-Hearing Staff Analysis Limit the location of proposed digital wall signs to the portion of the building wall thatfaces South Kings Drive and the first 30 linear feet of the building wall that facesMetropolitan Avenue. The digital wall signs along these building walls will be limitedto a maximum cumulative sign face area of 300 square feet of sign area.Proposed Request DetailsThe site plan amendment contains the following changes: Allow up to 330 multi-family dwelling units together with accessory uses, as allowed in the MUDDzoning district. Notes landscape island/associated lighting may be removed to accommodate proposeddevelopment. Notes required planting strip and sidewalk to be included within the 16-foot setback along SouthKings Drive. Labels 40-foot right-of-way from centerline of South Kings Drive. Notes architectural lighting such as but not limited to sconces, uplighting, accent lighting,including color accent lighting and decorative lighting on the building facades will be permitted. Modifies Architectural Guidelines Note 5.h to read “The design of the focal point feature will besubmitted to the Planning Director or designee for review and comment as part of the MUDDreview for the site.” Existing Zoning and Land Use The site is currently vacant and abuts the Metropolitan and the Little Sugar Creek Greenway. Thesite is surrounded by a mix of residential and non-residential uses on parcels in various zoningdistricts.The site is part of a larger 26-acre site rezoned via 2005-060 to accommodate a mixed use village.Petition 2014-030 approved a site plan amendment to the subject parcel to allow up to 155 multifamily dwelling units and/or a hotel with up to 175 hotel rooms in a building not to exceed 285 feet.
Petition 2020-190(Page 4 of 8)The site is currently vacant.The site is part of the larger Metropolitan mixed-use development.Pre-Hearing Staff Analysis
Petition 2020-190(Page 5 of 8)Pre-Hearing Staff AnalysisA portion of the site abuts the Little Sugar Creek Greenway/Cross Charlotte Trail.The site is surrounded by a mix of residential and non-residential uses (denoted by the purple star) andis just outside of Uptown.
Petition 2020-190 Pre-Hearing Staff AnalysisRezoning History in AreaPetition Number2017-1282015-0802015-0792015-0272014-109 (Page 6 of 8)Summary of PetitionMUDD-O SPA for 8.04 acresRezoned 0.40 acres to UR-2(CD)Rezoned 0.30 acres to B-1(CD) PEDRezone 3.031 acres to UR-C(CD)Rezoned 1.99 acres to B-2, UR-C, and R-8MF, all inpedestrian dPublic Plans and Policies The Midtown Morehead Cherry Plan (2012) recommends office/residential, as amended bypetition 2014-030.
Petition 2020-190 (Page 7 of 8)Pre-Hearing Staff AnalysisTRANSPORTATION SUMMARYo The site is located on a City-maintained, major thoroughfare (South Kings Drive) and aprivate local road (Metropolitan Avenue). The petitioner commits to dedicating 40’ of Rightof-way from the South Kings Drive centerline. Site plan revisions are needed to address theoutstanding items including, but not limited to, labeling the south-most driveway onMetropolitan Avenue as a Service Only driveway. Further details are listed below. Active Projects:oBelk Greenway Connector – Baxter Street to Stonewall Streeto On Hold pending resolution of NCDOT funding suspensiono orBaxterStonewall.aspxo Pearl Park Way Extension and Kenilworth protected intersectiono Extend Pearl Park Way westward from its current street stub to Baxter St., including a 2way cycletrack on the north side of the streeto Construct Protected Intersection at the intersection of Kenilworth Ave./Pearl Park Wayo Construction of the Extension almost completeo Construction of the protected intersection underway Transportation Considerationso See Outstanding Issues, Notes 1-3. Vehicle Trip Generation:Current Zoning:Existing Use: VacantEntitlement: 2,392 trips per day (based on 155 apartment units and 175-room hotel;petition 2014-030)Proposed Zoning: 1,800 trips per day (based on 330 apartment units).DEPARTMENT COMMENTS (see full department reports online) Charlotte Area Transit System: No outstanding issues. Charlotte Department of Housing and Neighborhood Services: No comments submitted. Charlotte Department of Solid Waste Services: No outstanding issues. Charlotte Fire Department: See advisory comments at www.rezoning.org Charlotte-Mecklenburg Schools: The development allowed under the existing zoning couldgenerate 28 students, while the development allowed under the proposed zoning may produce 60students. Therefore, the net increase in the number of students from existing zoning to proposed is32 students. The proposed development is projected to increase the school utilization over existing condition(without mobile classroom units) as follows: Dilworth (Sedgefield Campus K-2) from 68% to 73% Dilworth (Latta Campus 3-5) remains at 59% Sedgefield Middle from 72% to 74% Myers Park High remains at 121% See advisory comments at www.rezoning.org. Charlotte Water: Charlotte Water has accessible water system infrastructure for the rezoningboundary via an existing 8-inch water distribution main located along S Kings Rd. Charlotte Waterhas sanitary sewer system infrastructure accessible for the rezoning boundary via an existing 10inch gravity sewer main located along the center of the rezoning boundary. See advisory commentsat www.rezoning.org Engineering and Property Management: Arborist: No comments submitted. Erosion Control: No outstanding issues. Land Development: See Outstanding Issues, Notes 5-6. Storm Water Services: No outstanding issues. Urban Forestry: No outstanding issues. Mecklenburg County Land Use and Environmental Services Agency: No outstanding issues. Mecklenburg County Parks and Recreation Department: No outstanding issues.
Petition 2020-190(Page 8 of 8)Pre-Hearing Staff AnalysisOUTSTANDING ISSUESTransportation1. Revise site plan and conditional notes to commit to constructing a Service Only driveway. Labelthe south-most driveway on Metropolitan Avenue as a Service Only driveway.2.A site plan note(s) specifying dedication and fee simple conveyance of all rights-of-way to theCity before the site’s first building certificate of occupancy is issued is needed. CDOT requestsrights-of-way set at 2’ behind back of sidewalk where feasible.3. A site plan note specifying that all transportation improvements will be approved and constructedbefore the site’s first building certificate of occupancy is issued is needed. The petitioner mayphase transportation improvements if said improvements and phasing are explicitly described insite plan notes.Site and Building Design4. Please remove all optional provisions regarding signage and replace with a note stating thatsignage will meet ordinance requirements.5. Label width of planting strip and sidewalk along South Kings Drive.6. Clarify streetscape along Metropolitan Avenue and specify if it will be sidewalk, planting strip, ortrees with grates. Label widths of these proposed improvements.See Attachments (applications, department memos, maps etc.) Online at www.rezoning.orgPlanner: Claire Lyte-Graham (704) 336-3782