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Council Manager Memo #36 - June 6, 2006

Calendar:
Monday, June 12
       5:00 pm -
Council Manager Dinner Briefing, Room 267
       7:00 pm - Council Business Meeting - Budget Adoption, Meeting Chamber

Tuesday, June 13
       1:30 pm -
Economic Development and Planning Committee Meeting, Room 280   AGENDA: Outparcel #3; Cultural Facilities Master Plan Development Agreement Framework; Rocky River Road Area Plan Volume I; Dilworth Land Use and Streetscape Plan; and Business Corridor Strategic Process Outline.


Agenda Notes:
Agenda Item #7: Meacham Street Abandonment
Staff Resource: Linda Poissant, 704-336-2562 - lpoissant@ci.charlotte.nc.us

The public hearing for the abandonment of Meacham Street, located between South Boulevard and Lyndhurst Avenue, is scheduled for public hearing on June 12, 2006. 

  • This portion of Meacham Street is located within the Lowe's mixed-use development project that was approved by the City Council on October 19, 2005 (rezoning petition 2005-089).
  • A note on the conditional rezoning site plan identified the need to abandon this portion of Meacham Street.
  • As part of the abandonment review process, the Dilworth Community Development Association (DCDA) and Olmstead Park Homeowners Association indicated issues/concerns concerning the abandonment of this portion of Meacham Street. 
  • A meeting was held on April 17, 2006 with the petitioner, Charlotte Department of Transportation staff, and residents of the DCDA and Olmstead Park Homeowners Association to discuss their concerns.
  • Their concerns are the same as those presented during the rezoning process/public hearing. Their primary concern is the lack of consistency with the South End Transit Station (SETS) Area Plan. In particular, the SETS plan indicates an extension of Meacham Street west of South Boulevard to provide pedestrian and vehicular connectivity. DCDA is also concerned that the abandonment of Meacham Street is not consistent with the Dilworth Small Area Plan. 
  • According to Planning staff, the currently proposed SETS Area Plan provides a connection (extension of Meacham Street) from Tryon Street to South Boulevard. The only change to the plan occurs on the portion that was rezoned as part of the proposed Lowes. CMPC feels that sufficient connectivity exists in this area and that the Council's approval of rezoning petition 2005-089 in effect amended the SETS Area Plan and the Dilworth Small Area Plan to reflect this abandonment of Meacham Street. 
  • Staff recommends that City Council approve this abandonment.

Agenda Item #10: FY Strategic Operting Plan and FY2007-2011 Capital Investment Plan
Staff Resource: Ruffin Hall, 704-336-3403 - rhall@ci.charlotte.nc.us

Attached is the Budget Adoption agenda item and ordinance for City Council's June 12 meeting.

Agenda Item #11: Zoning Ordinance Administrative Amendment Process
Staff Resources: Keith MacVean, 704-336-5738 - kmacvean@ci.charlotte.nc.us and Tim Manes, 704-336-8320 - tmanes@ci.charlotte.nc.us

The Zoning Ordinance Administrative Amendment Process is scheduled on the June 12, 2006 Council Meeting Agenda for review and action. Staff would first like to correctly state that since January 2005, there have been 126 administrative approvals of which 20 of these approvals were for petitions that originally had a protest petition. The Agenda item states that "20 were appealed", which is incorrect.

The Economic Development and Planning Committee recommended the following modifications to the Administrative Amendment Process:

  • Where a valid protest petition has been filed against the original petition (even if withdrawn) require adjacent property owners within 300' are to be notified by mail, and a sign posted indicating that an administrative approval was granted.
  • Increase the 15 day appeal time to 21 days.
  • Define "significant changes" which staff could not do administratively to a site plan to include: increasing the number of buildings; increasing number of units greater than 5 or 10% of the total approval, whichever is less; adding driveways to thoroughfares; 
  • Reducing buffers or yards agreed to during the rezoning process; moving structures closer to adjacent properties; reducing parking spaces below minimum standards; reducing open space; changing owner-occupied units to rental if noted on the site plan; and combining buildings that increase massing.

In order to implement the first recommendation regarding the posting of a sign, CDOT has estimated it will take 14-21 days to prepare and install the signs, thus expanding the approval period from 21 days to 42 days. This issue will be discussed at the June 12 Council meeting.

Agenda Item #36: Meeting Minutes
Staff Resource: Brenda Freeze, 704-336-4516 - bfreeze@ci.charlotte.nc.us

Council will be asked to add the approval of the May 15, 2006 Zoning Meeting and the May 17, 2006 Budget Adjustment Meeting to the June 12, Council Consent Agenda. This has been added as Item #36.


Information Items
Carolina Theater Update
Staff Resource: Tom Flynn, 704-432-1396 - tflynn@ci.charlotte.nc.us

The Carolina Theater Project has reached a serious impasse between Camden Property Management (the developer), ARK Group (theater manager and lessee) and the Carolina Theater Preservation Society (CTPS).

All parties have been negotiating in good faith to develop a License Agreement between ARK and CTPS. The purpose of this License Agreement is to provide the terms, conditions and revenue sharing under which CTPS would be able to use the Theater for its preservation purposes and make preservation improvements to the Theater. The City has approval rights over this License Agreement.

City staff has actively facilitated these negotiations and has extended the due diligence period in order to allow the negotiations to continue. Many very difficult issues were successfully negotiated and agreed to both verbally and in writing. Staff believed these negotiations would be successfully concluded.

On June 7, CTPS notified all parties that it had decided that it cannot approve the License Agreement because, "CTPS believes that the currently structured project is a complex and unworkable arrangement that would not provide Charlotte a restored and operating historic theater that the donors and friends of the Carolina Theater could support."

At Camden's request we have given the parties until Monday, June 19 to continue negotiations. If these negotiations are unsuccessful, on June 26 we will provide City Council with options on this issue and ask Council to provide staff direction. One of the options is to direct the City Manager to sell the theater property for its highest and best use.

Utilities Receives NC Department of Labor Safety Awards
Staff Resource: Doug Bean, 704-391-5070 - dbean@ci.charlotte.nc.us

On May 18, 2006, the North Carolina Department of Labor recognized eleven workgroups within Charlotte-Mecklenburg Utilities for achievements in safety and health. Five of those workgroups received awards for the sixth consecutive year. In addition, the Engineering Division received an award for 1 million safe work hours.

The safety achievement awards are presented to industry and public sector employees annually based on a formula that includes hours worked, lost workday cases and cases with days away from work.


Charlotte Regioinal Partnership Report on Intra-Regional Collaboration
Staff Resource: Tom Flynn, 704-432-1396 - tflynn@ci.charlotte.nc.us

On Thursday the Charlotte Regional Partnership presented their report on regional collaboration. This report focused on the role of incentives in the relocation of companies within the Charlotte Region. Attached is the Executive Summary of this report and the press release issued by the Regional Partnership.

Mayor's Youth Employment Program (MYEP) Kick-Off - Monday, June 19
Staff Resource: Alicia Jolla, 704-336-2116 - ajolla@ci.charlotte.nc.us

We are pleased to announce the 2006 kick-off for the Mayor's Youth Employment Program (MYEP). The Mayor, City Council, and KBE's are invited to join us on Monday, June 19, from 8:30 am - 9:30 am, at the Government Center in Room 270 to meet our student interns for 2006. Please RSVP to Alicia Jolla.

Briar Creek Project Newsletter
Staff Resource: Doug Bean, 704-391-5070 - dbean@ci.charlotte.nc.us

The Briar Creek Sewer Project (Phase 1) is a 72 and 60-inch pipe being installed between the Sugar Creek Wastewater Treatment Plant (Tyvola and Park roads) and Randolph Road. During 2005, the project team worked with customers on the final design. The attached newsletter will update customers on the pipe alignment and construction timetable. Public meetings will be scheduled before construction begins in late 2006 or early 2007.