Monday, April 19, 1999 5:00 p.m. - Council-Manager Dinner Meeting Chamber Conference Room Highland Creek Parkway and Christenbury Road Connectivity Issue associated with the Highland Creek Rezoning, Petition # 99-11c (Attachment ) 6:00 p.m. - ZONING HEARINGS Meeting Chamber ITEM NO. PUBLIC HEARINGS 1. (99-36) Hearing on Petition No. 99-36 by St. Luke's Village, LLC for a change in zoning for approximately 3.79 acres located on the south side of Marsh Road west of Park Road from R-4 to R-17MF(CD). Attachment No. 1 2. (99-39) Hearing on Petition No. 99-39 by Grubb Properties, Inc. for a change in zoning for approximately 11.9 acres located on the southeast corner of Randolph Road and Wendwood Lane from R-3 to UR-2(CD). A protest petition has been filed. Attachment No. 2 3. (99-40) Hearing on Petition No. 99-40 by CrownCen Marketing Company for a change in zoning for approximately 1.2 acres located on the northeast corner of Tuckaseegee Road and Little Rock Road from R-3 to B-1(CD). Attachment No. 3 4. (99-41) Hearing on Petition 99-41 by LandCraft Properties, Inc. for a change in zoning for approximately 10 acres located east of Hubbard Road and north of Mallard Creek Road from R-3 to R-4. Attachment No. 4 5. (99-43) Hearing on Petition 99-43 by The Cunnane Group, Inc. for a change in zoning for approximately 23 acres located on the west side of the proposed Colony Road Extension west of Rea Road from R-3 to R-8MF(CD). Attachment No. 5 6. (99-44) Hearing on Petition 99-44 by Marwan Marzouk for a change in zoning for approximately .82 acres located on the southeast corner of North Tryon Street and East 29th Street from I-2 to I-1. Attachment No. 6 7. (99-45) Hearing on Petition 99-45 by Marriott International, Inc. for a change in zoning for approximately 12 acres located on the northeast corner of Research Drive and West W. T. Harris Boulevard from RE-2 to O-1(CD) and B-1(CD). Attachment No. 7 8. (99-47) Hearing on Petition 99-47 by Gail M. Dawkins for a change in zoning for approximately 2.04 acres located on the east side of Oakdale Road between Peachtree Road and Auten Road from R-4 to R-8MF(CD). Attachment No. 8 9. (99-48) Hearing on Petition 99-48 by The Charlotte-Mecklenburg Planning Commission to consider a text amendment to the City of Charlotte Zoning Ordinance to make provisions for permitting Single Room Occupancy (SRO) residences . Attachment No. 9 10. (99-49) Hearing on Petition 99-49 by S. C. Hondros & Associates, Inc. to consider a text amendment to the City of Charlotte Zoning Ordinance to allow a Manager's Residence Quarters, one dwelling unit/development or project, limited to 1,200 heated square feet as a permitted accessory use and/or structure in the RE-1, RE-2, RE-3, BD, BP, I-1 and I-2 zoning districts. Attachment No. 10 11. (99-50) Hearing on Petition 99-50 by Lee R. McLaren to consider a text amendment to the City of Charlotte Zoning Ordinance to amend the definition of attached dwelling and to allow attached dwellings in various districts. Attachment No. 11 DECISIONS 12. (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. This petition was deferred for 30 days on November 16, 1998, 30 days on December 21, 1998, 30 days on January 20, 1999, 30 days on February 15, 1999 and 30 days on March 15, 1999. The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 12 13. (98-117) Decision on Petition No. 98-117 by John B. Abernethy for a change in zoning for approximately 73.5 acres located on the north side of North Tryon Street, opposite the intersection with Eastway Drive from R-9(CD), R-12MF(CD), B-2 and B-2(CD) to R-4(CD), R-12MF(CD) and B-2(CD) S.P.A.. The petition was deferred for 60 days on January 20, 1999. The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 13 14. (99-04) Decision on Petition 99-04 by Robert and Carrie Alexander for a change in zoning for approximately 1.2 acres located north of U.S. Highway 29 and west of Heritage Pointe Drive from R-3 to R12MF(CD). The petition was deferred for 30 days on February 15, 1999. The Zoning Committee voted to recommend approval of this petition, with the following modifications:  The developer will mark the existing pavement on the U.S. 29 Service Road to include an eastbound left-turn lane with a minimum of 150 feet of storage and a 15:1 bay taper.  The private street connection through the site will have a 50 foot right-of-way dimension and will be constructed in accordance with the City of Charlotte "local residential" street standards.  The street will be open to all public vehicular traffic.  No parking will be permitted along the street, and the minimum building setback will be 15 feet.  No speed bumps or stop signs will be permitted to impede through traffic. Attachment No. 14 15. (99-08) Decision on Petition No. 99-08 by The Mathisen Company for a change in zoning for approximately 5.1 acres located on the east side of Faires Farm Road, across from Jeffrey Bryan Drive from R-12(CD) to R-4(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 15 16. (99-10) Decision on Petition No. 99-10 by Triven Properties 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). 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, with the following modifications:  The requested district is modified to R-8(CD) only. (The R-12MF(CD) was deleted. on March 3, 1999).  Only single family homes will be constructed on the site. Attachment No. 16 17. (99-19) Decision 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). The petition was deferred for 30 days on March 15, 1999. The Zoning Committee voted to recommend approval of this petition, with the following modifications:  A note will be added to the site plan that driveways shown on the site plan must be approved by the Charlotte Department of Transportation and the North Carolina Department of Transportation. Attachment No. 17. 18. (99-22) Decision 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). The Zoning Committee voted to recommend approval of this petition, with the following modifications: Building elevations for the proposed pharmacy are included as part of the petition.  The setback along W. T. Harris Boulevard may be utilized for stormwater detention only, so long as the area is part of the overall landscape plan for the site. The detention area must also be maintained and mowed, and the slopes associated with the detention pond maintained at a 4:1 grade and otherwise appear as part of the landscaping for the site.  The petitioner will develop a landscape plan for the area along W. T. Harris Boulevard and Mallard Creek Road frontages consistent with similar plans approved for other sites at this intersection.  The petitioner will limit detached signage for uses on the site to 50 square feet in area and seven (7) feet in height. Attachment No. 18. 19. (99-26) Decision on Petition No. 99-26 by M. B. And Frances Wallace and the Estate of Alma Wallace for a change in zoning for approximately 17.4 acres located on the north side of Johnston Oehler Road, south of Ridge Road and west of Jimmy Oehler Road form R-3 to R-4. The Zoning Committee voted to recommend approval of this petition. Attachment No. 19. 20. (99-27) Decision on Petition No. 99-27 by Diamond Oak Development, Inc. for a change in zoning for approximately 9 acres located Muddy Pond Lane, east of Pineville Road (U.S. Hwy. 521) from R-4 to R-8(CD). The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 20. 21. (99-28) Decision on Petition No. 99-28 by J. Michael and Dianna J. Horney for a change in zoning for approximately 3.2 acres located on the west side of Mallard Creek Road, across from Governor Hunt Road from R-3 and R-15MF(CD) to INST(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 21. 22. (99-29) Decision on Petition No. 99-29 by Edwin R. McCoy, III. Et.al and Quick Fuel Inc. For a change in zoning for approximately 7.5 acres located south of Dalecrest Drive, north of Interstate 85 from R-12MF to I-1(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 22. 23. (99-30) Decision on Petition No. 99-30 by East End Development, LLC for a change in zoning for approximately 3.45 acres located between Park Drive and Elizabeth Avenue, south of E. Independence Boulevard from O-2, B-1 and B-2 to MUDD-O. The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 23. 24. (99-31) Decision on Petition No. 99-31 by School Workers Federal Credit Union for a change in zoning for approximately 0.29 acres located on the southeast corner of French Street and Campus Street, west of Beatties Ford Road from R-22MF to O-1(CD). The Zoning Committee voted to recommend approval of this petition, with the following modification:  The requested district is modified to the O-1(CD) category. (The requested district was changed to O-1(CD) on March 26, 1999). Attachment No. 24. 25. (99-32) Decision on Petition 99-32 by Patrick Pham for a change in zoning for approximately 0.42 acres located on the east side of North Sharon Amity Road, south of Central Avenue from R-17MF to O-1(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 25. 26. (99-33) Decision on Petition 99-33 by Centex Homes for a change in zoning for approximately 48 acres located along I-485, south of McKee Road from R-3 to R-3(CD) and R-5(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 26. 27. (99-34) Decision on Petition No. 99-34 by Park Selwyn LLC for a change in zoning for approximately 1.2 acres located on the north side of Woodlawn Road west of Selwyn Avenue from R-5 to UR-2(CD). A protest petition has been filed and is sufficient to invoke the 3/4 rule. The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 27. 28. (99-35) Decision on Petition No. 99-35 by City of Charlotte for a change in zoning for approximately 3.8 acres located on the east side of Myers Street, between Eleventh Street and Eighth Street from UR-2 and B-2 to UR-2(CD). The Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 28. 29. (99-37) Decision on Petition No. 99-37 by Provident Development Group, Inc. for approximately 18.6 acres located between Valleydale Road and Bellhaven Boulevard, south of McClure Circle from R-4 LW/PA to R-8MF(CD) LW/PA. The Zoning Committee voted to recommend approval of this petition, with the following modifications:  The sidewalk along Bellhaven Boulevard will be five (5) feet in width.  The site data table will be corrected to show a deletion of right-of-way rather than a dedication of right-of-way.  The site plan will be modified to reflect a maximum of 1/3 of the approved units may be two (2) stories in height.  A note will be added to the site plan that commits the petitioner /developer to the design and construction of a CDOT approved left turn lane from Bellhaven Boulevard into the site. The left turn lane must be constructed prior to the issuance of any certificates of occupancy. Attachment No. 29. 30. Resolution calling for public hearings on Monday, May 17, 1999 at 6:00 P.M. in the Meeting Chamber of the Charlotte-Mecklenburg Government Center for Petitions Nos. 98-104, 99-23, 99-42, 99-46, 99-51 through 99-62 and 99-75.