NC - Charlotte: City Council Business Meeting

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City Council Business Meeting

Monday, April 23, 2018

City of Charlotte

Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202

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Council Chambers

City Council Business Meeting

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Mayor Vi Lyles Mayor Pro Tem Julie Eiselt

Council Member Dimple Ajmera Council Member Tariq Scott Bokhari

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Council Member Ed Driggs Council Member Larken Egleston Council Member Justin Harlow

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Council Member LaWana Mayfield Council Member James Mitchell Council Member Matt Newton Council Member Greg Phipps

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Council Member Braxton Winston II

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Meeting Agenda

April 23, 2018City Council Business Meeting Meeting Agenda

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5:00 P.M. ACTION REVIEW, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267

Mayor and Council Consent Item Questions1. Staff Resource(s): Randy Harrington, Management and Financial Services

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Time: 5 minutes

Synopsis Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the Action Review meeting.

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Agenda Overview2. Staff Resource(s): Marcus Jones, City Manager

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Municipal Service Districts Annual Update3. Resource(s): Phil Reiger, Strategy and Budget Bill Parks, Strategy and Budget

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Time: 40 minutes

Explanation The City of Charlotte contracts with various financial partners to provide specific services that are

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aligned with City Council s Focus Areas and other strategic priorities. Two financial partners, Charlotte Center City Partners and University City

Partners, administer
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services within the City s Municipal Service Districts. Per state statute, agencies providing services for Municipal Service Districts are required

to provide
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an annual workplan report to City Council.

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Future Action Financial partner funding recommendations will be presented in the City Manager s Fiscal Year 2019 Recommended Budget on May 7, 2018.

City Council will be asked to approve financial partner funding allocations as part of the Fiscal Year 2019 Budget Adoption on June 11, 2018.
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Answers to Mayor and Council Consent Item Questions4. Staff Resource(s): Randy Harrington, Management and Financial Services

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Time: 10 minutes

Synopsis Staff responses to questions from the beginning of the Action Review meeting.

Closed Session (as necessary)5.

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April 23, 2018City Council Business Meeting Meeting Agenda

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6:30 P.M. CITY COUNCIL BUSINESS MEETING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, CHAMBER

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Call to Order

Introductions

Invocation

Pledge of Allegiance

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April 23, 2018City Council Business Meeting Meeting Agenda

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PUBLIC FORUM

Public Forum6.

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April 23, 2018City Council Business Meeting Meeting Agenda

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Consent agenda items 23 through 64 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying

the City Clerk.
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7.

Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak

to the item.

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April 23, 2018City Council Business Meeting Meeting Agenda

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ZONING

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Rezoning Petition: 2017-182 by QuickTrip8. Location: Approximately 11.96 acres located on the west side of West W.T. Harris Boulevard, north of

Interstate 485. (Council District 2 - Harlow)
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Current Zoning: R-3 (single family residential) Proposed Zoning: B-2(CD) (general business, conditional) and BD(CD) (distributive business,

conditional) with five-year vested rights
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Staff Recommendation: Staff does not recommend approval of this petition.

Attachments: Pre-Hearing Staff Analysis Site Plan

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2017-182_staff_4-16-18._done done

2017-182_RevSitePlan_03-14-2018

Rezoning Petition: 2018-001 by Apollo Holding Company, LLC

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9.

Location: Approximately 4.65 acres located on the north side of West Tyvola Road, east of South Stream Boulevard, south of Billy Graham Boulevard.

(Council District 3 - Mayfield)
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Current Zoning: MUDD-O (mixed use development, optional) Proposed Zoning: MUDD-O SPA (mixed use development, optional, site plan amendment)

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Staff Recommendation: Staff recommends approval of this petition upon resolution of outstanding issues related to design and environment.

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Attachments: Pre-Hearing Staff Analysis Site Plan Previously Approved Site Plan

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2018-001 PHstaff_04-16-2018 done

2018-001_RevSitePlan_03-14-2018

Previously Approved Cover Page

2018-001_Approv 2007-82 ADMIN_AMEND

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April 23, 2018City Council Business Meeting Meeting Agenda

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Rezoning Petition: 2018-004 by Lischerong Enterprises Holdings, LLC

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10.

Location: Approximately 0.51 acres located at the intersection of Foster Avenue and Bank Street, west of South Tryon Street. (Council District 3 -

Mayfield)
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Current Zoning: I-2 (general industrial) Proposed Zoning: I-2(TS) (general industrial, transit supportive overlay)

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Staff Recommendation: Staff recommends approval of this conventional petition.

Attachment: Pre-Hearing Staff Analysis

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2018-004 PHstaff_04-16-2018_done

Rezoning Petition: 2018-008 by The Drakeford Company/Saussy Burbank, LLC

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11.

Location: Approximately 0.72 acres located at the intersection of Kelly Street and Dallas Avenue, west of North Sharon Amity Road. (Council District

5 - Newton)
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Current Zoning: R-5 (single family residential) Proposed Zoning: UR-2(CD) (urban residential, conditional)

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Staff Recommendation: Staff recommends approval of this petition.

Attachments: Pre-Hearing Staff Analysis Site Plan

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2018-008 PHstaff_04-03-2018 done

2018-008_RevSitePlan_03-14-2018

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April 23, 2018City Council Business Meeting Meeting Agenda

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PUBLIC HEARING

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close a Portion of East 16th Street

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12.

Action: A. Conduct a public hearing to close a portion of East 16th Street, and

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B. Adopt a resolution to close a portion of East 16th Street.

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Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. The portion of East 16th Street is located in Council District 1.

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Petitioners White Point Paces Partners, LLC - c/o Mr. John Carmichael

Right-of-Way to be Abandoned Located just northeast from Uptown, where East 16th Street intersects with Parkwood Avenue.

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Reason The action to abandon a portion of East 16th Street will remove excess right-of-way that will be created as a result of the East 16th Street

realignment project at Parkwood Avenue, as shown on the Highland Park Mill rezoning petition ( 2016-029), and approved by Council on May 16, 2016. This project will create a more symmetrical intersection by aligning the northernmost part of East 16th Street up to the southernmost section. Furthermore, the attached Resolution contains a contingency statement that voids this abandonment, should the realignment of East 16th Street not occur.
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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) - All abutting property is owned by the petitioner.

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Neighborhood/Business Association(s) Optimist Park Neighborhood Association - Notified/no comments

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Private Utility Companies - No objections

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City Departments Review by City departments identified no apparent reason this closing would:

Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress

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to his property as outlined in the statutes; and Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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April 23, 2018City Council Business Meeting Meeting Agenda

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Attachment(s) Map Resolution

City Council Map E 16th Street

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Resoluiton to Close a Portion of E 16th Street

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close an Alleyway off of North Dotger Avenue

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13.

Action: A. Conduct a public hearing to close an alleyway off of North Dotger Avenue, and

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B. Adopt a resolution to close an alleyway off of North Dotger Avenue.

Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. The alleyway off of North Dotger Avenue is located in Council District 1.

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Petitioners Randolph Road Charlotte, LLC - Mr. Jason Bria

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Right-of-Way to be Abandoned The alleyway to be abandoned is located within a block that is bound by Randolph Road, North Dotger Avenue, Vail Avenue,

and North Laurel Avenue.
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Reason The petitioner is currently constructing a new town home community where the alleyway will no longer be needed for access. Instead new

driveways and access points will be created as part of the overall site plan. Furthermore, this development is not part of a recent rezoning petition as it meets the current R-22 Multi-family zoning requirements.
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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) Julie Spahn - No objections Laurel Ridge Condominium - No objections

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Neighborhood/Business Association(s) The Elizabeth Community Association (ECA) is in support of this petition.

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Private Utility Companies - No objections

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City Departments Review by City departments identified no apparent reason this closing would:

Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress

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to his property as outlined in the statutes; and

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Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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Attachment(s) Map Resolution

City Council Map_Alleyway off of N. Dotger Avenue

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Resolution to Close an Alleyway off of N Dotger Avenue

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close an Unopened Right-of-Way between Bullard Street and Joy Street

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14.

Action: A. Conduct a public hearing to close an unopened right-of-way between Bullard Street and Joy

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Street, and

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B. Adopt a resolution to close an unopened right-of-way between Bullard Street and Joy Street.

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Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. An unopened right-of-way between Bullard Street and Joy Street is located in Council District 3.

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Petitioners CapRock, LLC - Mr. Ryan Lambert

Right-of-Way to be Abandoned An unopened right-of-way between Bullard Street and Joy Street is located in west Charlotte near Harding University High

School.
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Reason This abandonment request is consistent with rezoning petition 2016-134, which was approved by Council on April 24, 2017. As part of this

rezoning plan, a new street connection from Joy Street to Bullard Street will be constructed; therefore, allowing the unopened right-of-way to be abandoned and serve as a buffer to the existing neighbors.
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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) Mr. Charles Slaybaugh - No objections Mrs. Rhonda Kee - No objections Mr. Israel Parada - No objections Mr. Nathan

Witherspoon - No objections
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Neighborhood/Business Association(s) Westerly Hills Neighborhood Association - Notified/no comments

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Private Utility Companies - No objections

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City Departments

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April 23, 2018City Council Business Meeting Meeting Agenda

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Review by City departments identified no apparent reason this closing would: Be contrary to the public interest; Deprive any individual(s) owning

property in the vicinity of reasonable means of ingress and egress
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to his property as outlined in the statutes; and Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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Attachment(s) Map Resolution

City Council Map_Unopened Street between Bullard and Joy Street

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Resolution to Close an unopened right-of-way between Bullard Street and Joy Street

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close an Unopened Right-of-Way off of Mingus Cabin Lane

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15.

Action: A. Conduct a public hearing to close an unopened right-of-way off of Mingus Cabin Lane, and

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B. Adopt a resolution to close an unopened right-of-way off of Mingus Cabin Lane.

Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. An unopened right-of-way off of Mingus Cabin Lane is located in Council District 2.

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Petitioners Southern Land Investments, LLC - c/o Andy Zoutewelle

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Right-of-Way to be Abandoned The unopened right-of-way off of Mingus Cabin Lane is located close to the Mt. Holly Road and I-485 interchange.

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Reason The petitioner is vested in all of the abutting property and intends to reassemble this land to include the unopened right-of-way in order to

create a more viable parcel for future development.
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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) - All abutting property is owned by the petitioner.

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Neighborhood/Business Association(s) - No known associations are within direct vicinity of this site.

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Private Utility Companies - No objections

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City Departments Review by City departments identified no apparent reason this closing would:

Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress

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to his property as outlined in the statutes; and Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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Attachment(s) Map Resolution

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April 23, 2018City Council Business Meeting Meeting Agenda

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CIty Council Map_Unopened Street off of Mingus Cabin Lane

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Resolution to Close an unopened right-of-way off of Mingus Cabin Lane

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close a Residual Portion of Dearmon Drive

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16.

Action: A. Conduct a public hearing to close a residual portion of Dearmon Drive, and

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B. Adopt a resolution to close a residual portion of Dearmon Drive.

Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. The residual portion of Dearmon Drive is located in Council District 1.

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Petitioners Pods Property Solutions, NC1, LLC - Dan Podrasky

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Right-of-Way to be Abandoned The portion Dearmon Drive is located east of Uptown within the Plaza Midwood Neighborhood.

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Reason This abandonment will allow the property owner to close excess right-of-way in order to accommodate single family home improvements.

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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) - All abutting property is owned by the petitioner.

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Neighborhood/Business Association(s) Plaza Midwood Neighborhood Association - No objections

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Private Utility Companies - No objections

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City Departments Review by City departments identified no apparent reason this closing would:

Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress

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to his property as outlined in the statutes; and Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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Attachment(s) Map Resolution

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April 23, 2018City Council Business Meeting Meeting Agenda

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City Council Map_Portion of Dearmon Drive

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Resolution to Close a residual portion of Dearmon Drive

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April 23, 2018City Council Business Meeting Meeting Agenda

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Public Hearing on a Resolution to Close an Unopened Right-of-Way off of Duckworth Avenue

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17.

Action: A. Conduct a public hearing to close an unopened right-of-way off of Duckworth Avenue, and

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B. Adopt a resolution to close an unopened right-of-way off of Duckworth Avenue.

Staff Resource(s): Liz Babson, Transportation Jeff Boenisch, Transportation

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Explanation North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets

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and alleys. The Charlotte Department of Transportation received a petition to abandon public right-of-way and

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requests this City Council action in accordance with the statute. The action removes land from public right-of-way status and attaches it to the

adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in
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the City Clerk s Office. The unopened right-of-way off of Duckworth Avenue is located in Council District 2.

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Petitioners SCP Uptown Heights, LLC - Mr. J. Bart Hopper

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Right-of-Way to be Abandoned The unopened right-of-way is located north of Wesley Heights Way off of Duckworth Avenue.

Reason The petitioner is vested in all of the abutting property and intends to reassemble this land to include the unopened right-of-way in order to

accommodate the Wesley Heights Way Townhouse project. This abandonment/project is consistent with rezoning petition 2016-026, which was approved by City Council on April 18, 2016.
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Notification As part of the City s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of

Transportation submitted this abandonment petition for review by the public and City Departments.
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Adjoining property owner(s) - All abutting property is owned by the petitioner.

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Neighborhood/Business Association(s) Wesley Heights Community Association - Notified/no comments

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Private Utility Companies - No objections

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City Departments Review by City departments identified no apparent reason this closing would:

Be contrary to the public interest; Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress

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to his property as outlined in the statutes; and Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.

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Attachment(s)

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April 23, 2018City Council Business Meeting Meeting Agenda

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Map Resolution

City Council Map_Unopened Street off of Duckworth Avenue

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Resolution to Close an unopened right-of-way off of Duckworth Avenue

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POLICY

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City Manager s Report18.

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April 23, 2018City Council Business Meeting Meeting Agenda

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Charlotte WALKS: Sidewalk Construction Ordinance Revisions

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19.


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