Monday, February 15, 1999 5:00 p.m. - Council-Manager Dinner Meeting Chamber Conference Room 6:00 p.m. - ZONING HEARINGS Meeting Chamber ITEM NO. PUBLIC HEARINGS 1. (98-116) Hearing on Petition No. 98-116 by Hargett, LLC for a change in zoning for approximately 5.9 acres located on the west side of Providence Road (NC 16) north of East-West Circumferential Road from R-3 to O-1(CD). Attachment No. 1 2. (98-122) Hearing on Petition No. 98-122 by Brian Speas for a change in zoning for approximately .88 acres located on the west side of Park Road across from Salem Drive and south of McDonald Avenue from INST(CD) to R-22MF(CD). Attachment No. 2 3. (99-10) Hearing on Petition No. 99-10 by Triven Properties, LLC for a change in zoning for approximately 10.2 acres located on the north side of Tom Hunter Road south of Interstate 85 from R-4 to R-8(CD) and R-12MF(CD). A protest petition has been filed and is not sufficient. Attachment No. 3 4. (99-14) Hearing on Petition No. 99-14 by John R. West for a change in zoning for approximately 3.6 acres located on the south side of Freedom Drive east of Elmwood Circle from R-3 to R-4. Attachment No. 4 5. (99-15) Hearing on Petition No. 99-15 by Ms. NGA Troung for a change in zoning for approximately .19 acres located on the north side of Rozzelles Ferry Road east of Hoskins Road from R-22MF to B-1. Attachment No. 5 6. (99-16) Hearing on Petition No. 99-16 by Triven Properties, LLC for a change in zoning for approximately 16.7 acres located on the southwest corner of Hewitt Drive and West Sugar Creek Road from R-3 to R-5. Attachment No. 6 7. (99-17) Hearing on Petition No. 99-17 by Lincoln Property Company for a change in zoning for approximately 1.9 acres located on the northeast corner of College Street and East Carson Boulevard from I-2 and UMUD(CD) to and UMUD(CD) and UMUD(CD) S.P.A.. Attachment No. 7 8. (99-18) Hearing on Petition No. 99-18 by LandCraft Properties, Inc. for a change in zoning for approximately 74 acres located on the west side of Old Concord Road south of East W. T. Harris Boulevard and north of W. Rocky River Road from R-3 to MX-2. Attachment No. 8 9. (99-19) Hearing on Petition No. 99-19 by Childress Klein Properties Inc. for a change in zoning for approximately 5.3 acres located on the southeast corner of York Road (NC 49) and Arrowood Road from R-4 and R-17MF to B-1(CD). Attachment No. 9 10. (99-20) Hearing on Petition No. 99-20 by Pace/Dowd Properties, Ltd. for a change in zoning for approximately 10.3 acres located on the east side of Providence Road West south of Elm Lane and north of Blakeney Heath Road from R-12MF(CD) to UR-2(CD). Attachment No. 10 11. (99-21) Hearing on Petition No. 99-21 by The Charlotte-Mecklenburg Board of Education for a change in zoning for approximately 51.8 acres located on the south side of Freedom Drive and the north and south sides of Alleghany Street east of Ashley Road from B-1S.C.D, BD(CD) and I-1(CD) to INST. Attachment No. 11 12. (99-22) Hearing on Petition No. 99-22 by Tribek Properties for a change in zoning for approximately 3.7 acres located on the southeast corner of Mallard Creek Road and W. T. Harris Boulevard from O-1(CD) to B-1(CD). Attachment No. 12 13. (99-24) Hearing on Petition No. 99-24 by Dr. Walter C. Gwin, Sr. for a change in zoning for approximately 0.63 acres located on the northeast corner of Interstate 85 and Tennessee Avenue from R-17MF to O-1(CD). Attachment No. 13 14. (99-25) Hearing on Petition No. 99-25 by David S. Reynolds for a change in zoning for approximately 6.2 acres located on the south side of Monroe Road east of Sharon Amity Road and west of Rama Road from R-4 to O-1(CD). Attachment No. 14 DECISIONS 15. (98-91) Decision on Petition No. 98-91 by The Hanover Company for a change in zoning for approximately 22 acres located on the northwest corner of East W. T. Harris Boulevard and Old Concord Road from R-3 to R-17MF(CD). The petition was deferred for 30 days on November 16, 1998, 30 days on December 21, 1998, and 30 days on January 20, 1999. Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 15 16. (98-108) Decision on Petition No. 98-108 by Aston Properties for a change in zoning for approximately 3.96 acres located on the northeast corner of Prosperity Church Road and Mallard Creek Road from R-3 to B-1(CD). The protest petition has been withdrawn. The petition was deferred for 30 days on January 20, 1999. The Zoning Committee voted to recommend approval of this petition, with the following modifications: If drive-thru service is used on the site associated outside speakers will not be audible at the property line. Uses which provide for repair or maintenance of automobiles will not be permitted on the site. Dumpsters shall be located as far a feasible from the adjacent multi-family development and pick-up hours will be limited to between 7:00 a.m. and 7:00 p.m. The exterior 20 feet of required buffers shall be undisturbed and the buffer adjacent to the multi-family development shall be installed as part of the initial development of the site. Detached lights will be limited to 16 feet in height adjacent to the multi-family development and a maximum of 20 feet in height elsewhere on the site. Attachment No. 16 17. (98-109) Decision on Petition No. 98-109 by Sedgewood Heights, LLC for a change in zoning for approximately 10 acres located on the westerly corner of South Wendover Road and Randolph Road from R-3 to MX-1. A protest petition has been filed and is sufficient to invoke the 3/4 rule. This petition was deferred for 30 days on December 21, 1998, and for 30 days on January 20, 1999. The Zoning Committee voted to recommend denial of this petition. Attachment No. 17 18. (98-120) Decision on Petition No. 98-120 by PS&L, LLC for a change in zoning for approximately 12.5 acres located on the southeast corner of Albemarle Road and Thorn Grove Lane from R-15MF(CD) to R-12MF(CD). A protest petition has been filed and is sufficient to invoke the 3/4 rule. The Zoning Committee voted to recommend approval of this petition. Attachment No. 18 19. (98-123) Decision on Petition No. 98-123 by Jerry and Melinda Moore for a change in zoning for approximately 1.2 acres located on the west side of Little Rock Road south of the intersection with Paw Creek Road from R-4 to R-8MF(CD). The petition was deferred for 30 days on January 20, 1999. The Zoning Committee voted to recommend approval of this petition, with the following modification: A proposed building elevation has been added to the plan to demonstrate how the building will blend into the surrounding neighborhood. Attachment No. 19 20. (99-01) Decision on Petition No. 99-01 by Steve Falkenbury for a change in zoning for approximately .658 acres located on the northwest corner of North Tryon Street and W. Seventh Street from UMUD to UMUD-O. The Zoning Committee voted to recommend approval of this petition. Attachment No. 20 21. (99-02) Decision on Petition No. 99-02 by The Crosland Group, Inc. for a change in zoning for approximately 8.2 acres located on the northwest corner of Carmel Road and Quail Hollow Road from B-1(CD) to B-1(CD)S.P.A. The Zoning Committee voted to recommend approval of this petition. Attachment No. 21 22. (99-03) Decision on Petition No. 99-03 by The Charlotte-Mecklenburg Board of Education to consider a text amendment to the City of Charlotte Zoning Ordinance to exempt elementary and secondary schools in single family and multi-family zoning classifications from having to provide a buffer to separate adjacent public elementary schools, junior high or middle schools, senior high school, or public parks and greenways. The Zoning Committee voted to recommend approval of this petition. Attachment No. 22 23. (99-04) Decision on Petition No. 99-04 by Robert and Carrie Alexander for a change in zoning for approximately 1.2 acres located on the northwest corner of U.S. 29 and Heritage Pointe Drive from R-3 to R-12MF(CD). The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 23 24. (99-07) Decision on Petition No. 99-07 by Sam Craver for a change in zoning for approximately .90 acres located on the southeast corner of Travis Avenue and Elizabeth Avenue from B-2 to MUDD-O. The Zoning Committee voted to recommend approval of this petition, with the following modification: The 18- inch grass strip along Travis Avenue will be converted to additional sidewalk width, resulting in a 5-1/2 foot sidewalk. Attachment No. 24 25. (99-09) Decision on Petition No. 99-09 by Heritage Communities, Inc. for a change in zoning for approximately 31.4 acres located on the north side of East W. T. Harris Boulevard, west of Old Concord Road from R-3 to R-17MF(CD). The Zoning Committee voted to recommend a one month deferral of this petition. Attachment 25 26. (99-11) Decision on Petition No. 99-11 by Dr. and Mrs. Nang T. Ta for a change in zoning for approximately .44 acres located on the east side of Masonic Drive north of Central Avenue from R-5 to O-1(CD). The Zoning Committee voted to recommend approval of this petition, with the following modifications: The 25 foot setback between the top of the creek bank and the parking lot will be undisturbed except for greenway trail improvements. Parking lot lighting will be limited to 12 feet in height. Attachment 26 27. (99-12) Decision on Petition No. 99-12 by Fletcher G. Keith for a change in zoning for approximately 3.65 acres located on the northeast corner of Billy Graham Parkway and Morris Field Drive from I-2 to I-1. The Zoning Committee voted to recommend approval of this petition. Attachment 27 28. (99-13) Decision on Petition No. 99-13 by Childress Klein Properties, Inc. for a change in zoning for approximately .81 acres located west of Providence Road between Moravian Lane and Ardsley Road from )-2 to B-1(CD). Zoning Committee voted to recommend approval of this petition. Attachment 28 29. Resolution calling for public hearings on Monday, March 15, 1999 at 6:00 p.m. in the Meeting Chamber of the Charlotte-Mecklenburg Government Center for Petitions Nos. 98-110, 99-08, and 99-26 through 99-38. 30. Appointments to the Housing Strategy Stakeholder Group Action: Vote on blue paper ballots and give to City Clerk at dinner. Three positions beginning immediately. The charge of this committee is planned to be completed in six months. 1. Chris Branch by Councilmember Jackson 2. J. C. Cousar by Councilmember Majeed 3. George Efird by Councilmember Jackson 4. Theresa Elder by Councilmember Spencer 5. Ted Futrell by Councilmember Jackson 6. Rickey Hall by Councilmember Cannon 7. Stephan Latorre by Councilmember Autrey 8. Tim Mills by Councilmember Greene 9. Mae Orr by Councilmember Wheeler 10. Damon Rumsch by Councilmember Spencer 11. Susan Hancock Sewell by Councilmember Autrey 12. Louise Sellers by Councilmember Wheeler 13. Louise Shackleford by Councilmember Cannon 14. Barbara Simpson by Councilmember Spencer 15. Cornelius Smith by Councilmember Greene 16. Mary Stafford by Councilmember Autrey 17. Eleanor Washington by Councilmember Wheeler