Zoning information October 2005

EXPANSION of PRIORITY ZONE for ELIZABETH TRADITIONAL SCHOOL:

Louise Woods, our District 4 School Board representative has notified us about a rapidly approaching opportunity to expand the "Priority Zone" for Elizabeth Traditional School. She needs comments from concerned parents concerning how to "structure" the expansion to benefit as much of Elizabeth Community as possible. I would like to get this request out to the Community as fast as possible and need to hear from any and all those who have a stake in this change. She needs to sit with some of us to plot the potential new zone as soon as tomorrow and certainly no later than Monday afternoon, and would like a representative to attend the School Board meeting with her on Tuesday.

Lousie Woods can be reached at 704.536.0335 and Peter Tart ( ECA president) can be reached at 704.372.4147 or

CHANGE IN THE DEFINITION OF "OPEN SPACE"
The new Zoning Administrator has convened a new entity known as the Comformity Committee to alter the definition of Open Space as it pertains to residential lots.
All residential lots are required to be between 50% and 65% Open Space depending
on your zoning designation R-3 to R-8. Open Space had previously been understood
to be the portion of the site that allows light and air into you and your
neighbors' homes. The new definition interprets Open Space to unused
non-impervious area with the exception of driveways in the front of a
residence plus 400sf for two parking spaces. Walls, walks, ponds, driveways
to the rear of the house and other improved areas not used for recreation
would not longer be considered Open Space. In addition to making most of
the Houses in Elizabeth non-complying (limiting improvements) the change
will dramatically alter the arrangement of parking for the worse. The new limits
on the definition of Open Space, if continued, will encourage Houses to be
built with garage doors facing the street at the front of the house which is
called the Established Setback. This will encourage large paved areas with
short driveways in the front setback. Pedestrians and street traffic will be in
more danger from cars backing out of shortened driveways into the ROW or
street. For most houses on small lots like in Elizabeth the new limit will also
encourage the parking of vehicles in the front setback areas of the property
as well as circle drives with more curb cuts making a less pedestrian friendly
and less attractive street.

CONDOMINIUMS AT NINTH & CLARICE
Keep your fluorescent chartreuse toilets in what I am sure are your otherwise
tastefully appointed historic bathrooms. The 30 unit Condominium Building
proposed to replace two dilapidated quadraplexes was not a Zoning case.
The R-22MF property adjacent to the railroad tracks was already zoned
by-right for between 25-45 units. Two tracts were divided by an unused
street easement for Ninth Street running diagonally into the Railroad ROW.
The tract of land south of the Easement allowed for 25 units. If any portion
of the Ninth Street Easement were abandoned, the separate tract abutting
the Railway would be contiguous with the Southern tract allowing a total
of 45 residences. Residents along Ninth Street and Clarice were divided
with many concerned about traffic and on-street parking. The ECA
voted not to oppose the Street Abandonment if the Developer, Zarbatany
Properties, provided additional on-site parking (2/Unit) so that users would
not impact the on-street parking existing residents use. The Developer
agreed and the ECA will not support or oppose the abandonment. Nearby
residents were counseled to voice their individual opinions to the City Council
prior to the public action on Abandonment. The process for a third-party
downzoning on property currently zoned R-22MF is described below in
"SUNNYSIDE AREA DOWNZONING". First a case would have to be made
for the downzoning. This is usually a Small Area Plan first adopted by City
Council recommending the change from existing Zoning designation.

CPCC PARKING DECK & CLASSROOM BUILDING 2005-099
Central Piedmont Community College petitioned to rezone two separate parcels
totaling 1.86 acres from B-2 to MUDD-Optional to allow the construction of a
denser classroom building at the corner of Elizabeth and Independence (former site
of Jackalope's Restaurant) and a block 6-story parking deck along Fourth Street
between Independence and Torrence Street totaling 194,545sf. In the proposed
rezoning, the ECA objected to the design of parking deck. Parking extended to
the sidewalk at levels that did not correspond to sidewalk level making the deck
hostile to pedestrians. ECA negotiated design changes with CPCC that include
storefront uses along the lower level of the deck facing Independence,
realignment of parking levels to the sidewalk level along Fourth Street so
that users can easily access the lower public parking levels with a
pedestrian loggia that will face Fourth Street. CPCC may fill in the loggia
with storefront uses at street level in the future.The first two levels of the
Parking Deck will be for Public Use and the building will be clad in brick
and parking screens in massing that breaks up the scale of the building.
A design was not part of the rezoning for the Independence and Elizabeth
Avenue corner. Normally ECA requires the use and design of a Conditional
rezoning to be specified for consideration. In this case CPCC had
constructed similar recent buildings on abutting corners and assured the ECA
that the Classroom Building would be consistent with the adjacent new
buildings once the unresolved transit issues were settled. The rezoning
of both parcels was supported by the ECA with the constructive pedestrian
friendly changes that CPCC agreed to on the Parking Deck project.
The revised Site Plan and Conditional Notes can be viewed at this website:

WHOLE FOODS BLOCK AT HAWTHORNE LANE & FOURTH STREET 2005-092
Providence Road Land Partners, LLC has petitioned for a change from B-2 to
MUDD-O for 3.07 Acres on Hawthorne Avenue between Elizabeth and East
Fourth Street opposite the front of Presbyterian Hospital. They proposed a
2-Level Grocery Store and Parking Deck with other uses not yet presented
to the ECA for review. The July Hearing was deferred. The ECA will not
support any upzoning without a review of the specifics of the proposed
design and uses to evaluate the commensurate value to the neighborhood.
See this website:


RANDOLPH ROAD AT LAUREL AVENUE 2004-114
The Boulevard Company petitioned to rezone approximately 0.97 acres
located on the southeast corner of the intersection of North Laurel Avenue
and Randolph Road from R-22MF to UR-3(CD). They proposed a highly
detailed masonry moderate density residential building with underground
parking. Adjoining neighbors who had been working with the developer
from the start of the project were in support of the project. With their input
the developer reduced the building to three stories and eliminated initial
business and office uses from the ground level. Elizabeth residents not
adjoining the project began to object to the project after the Planning and
Community Meetings sent emails to the ECA just prior to the Council
Hearing. Patsy Kinsey (District 1) made a motion to defer the Council
Hearing. Another Community Meeting was held with mixed responses.
The ECA had voted twice to support the project on the condition that
various reductions in density, traffic control and other improvements
were met. Most conditions were met including an agreement negotiated
between the ECA and CDOT to allow direct driveway access to Randolph
Road. When the developer cut-off contact with the ECA on the
remaining issues, the ECA Board voted a third time to oppose the
project. The petition was denied by City Council on March 21, 2005.

HAWTHORNE AND SUNNYSIDE PED 2004-107
The Charlotte Mecklenburg Planning Commission a Pedestrian Overlay District
over 17.3 Acres of R-22MF, UR-2, B-1 & I-2 properties located north of
Independence Freeway east of Louise Avenue, south of Central Avenue.
See the map.
The ECA had originally been in support of the PED Overlay until the
technical details of the Street Sections were changed after the public
meetings to meet more standardized details used in other portions of
the City. The changes included adding substantial corridor widths to
accommodate various City Agency interests that the ECA felt unfairly
intruded on the property Owner's shallow lots. The ECA was caught
off-guard by the changes and would likely be opposed to any future
PED Overlays Proposals in the Community. The ECA policy of
approving individual rezonings that are Conditional and add
commensurate value to the neighborhood will be the preferred method
of achieving desired uses and maintaining a pedestrian-friendly
environment. Council approved the PED Overlay on November 15 2004.

SUNNYSIDE AREA DOWNZONING 2004-105
The "Belmont Area Revitalization Plan" adopted by Council had included
parts of Elizabeth north of Independence and west of Louise. Because the
original Belmont Area plan made no future zoning change
recommendations within the Elizabeth District, Sara Spenser (Council 1
representative at the time) had the remaining portion of the Elizabeth
Community north of Independence included in the plan as
"Amendments to the Belmont Area Revitalization Plan" to allow
residents of Elizabeth in input their concerns about the current zonings
within the area. All residents at the meetings were in favor of
downzoning the majority of the area currently zoned R-22MF and B-1.
The ECA was in support of the downzoning with the qualification that
residential properties that would become non-complying should be left
out of the downzoning. City Planning's desire to keep more contiguous zoning
boundaries outweighed the ECA's concerns over making existing duplexes
and quads non-complying. The entire area located north of Independence
Boulevard, east of Louise Avenue and south of Central Avenue not included
in PED rezoing was rezoned to R-8 on November 15th 2004. A map of the area:
To assist property Owners whose property has been made non-complying by
this downzoning will be assisted by a Letter of Interpretation issued by then
Zoning Administrator Robert Brandon stating that conversions rental property
to condominiums will not be considered a Change of Use.The area of Sunnyside
Avenue west of Louise Avenue had been downzoned to per the original Belmont
Plan the previous year. The Jackson Avenue area of Elizabeth north of Central
between 11th Street and McDowell will remain their existing zonings (mostly R-22MF).

PED OVERLAY ON CENTRAL AVENUE & LAMAR 2003-111
The Charlotte Mecklenburg Planning Commission petitioned for a Pedestrian
Overlay on 88 Acres previously zoned B-1, B-2, I-2, MUDD-O, O-2 & O-6 (CD)
extending 1 Lot deep into the the Elizabeth Community the entire length of Central
Avenue between the Kings Drive Bridge to the Railroad Crossing. A map is visible here.

Council Approved the petition February 16 2004.

PIEDMONT COURTS/HOPE VI GRANT & BELMONT AREA REVITALIZATION
PLAN 2003-098
Piedmont Courts is just outside the boundary of Elizabeth. However a portion of
Elizabeth north of Independence and Plaza-Midwood west of Pecan was included in a
City Plan for the area titled the "Belmont Area Revitalization Plan". This larger area for
the plan adopted by City Council included more appealing properties in a strategy to
increase the likelihood of a Federal Grant to renovate the area similar to the "Garden
District". The Garden District comprises most of First Ward and a small section of
Elizabeth and received a Hope IV grant several years ago. Council approved the
original Belmont Plan on March 15 2004. The HOPE VI grant was successful and
money was allocated before the program was zeroed out by the Administration.