Monday, October 18, 1999 5:00 p.m. - Council-Manager Dinner Meeting Chamber Conference Room Consideration to add an additional rezoning case to the December hearing (99-136 Text proposed by the Charlotte- Mecklenburg Planning Commission to add the RE-3 zoning district to the City of Charlotte Zoning Ordinance) Briefing on proposed SWIM Buffer Text Amendment and proposed Floodway Regulations revisions, presented by Rusty Rozzelle, Department of Environmental Protection, and Steve Sands, City Engineering Department, Storm Water Division (Attachment 1) 6:00 p.m. - ZONING HEARINGS Meeting Chamber ZONING AGENDA ITEM NO. DECISIONS 2. (99-90) Decision on Petition No. 99-90 by Clariant Corporation for a change in zoning for approximately 9.7 acres located on the southeast corner of Monroe Road and Stanley Avenue, west of Wendover Road from I-2 to I-1. * Zoning Committee voted to recommend approval of this petition. Attachment No. 2 3. (99-92) Decision on Petition No. 99-92 by Allen C. and Joyce Johnson for a change in zoning for approximately 5.2 acres located on the east and west sides of Distribution Center Drive, north of Interstate 85 and west of Statesville Avenue. Zoning Committee voted to recommend approval of this petition, with the following modification: * The site plan will be modified to indicate a double row of trees and a row of shrubs to be planted within the 20-foot setback along the I-85 right-of-way. Attachment No. 3 4. (99-93) Decision on Petition No. 99-68 by Donald M. Porter for a change in zoning for approximately 1.5 acres located on the north side of Pence Road, east of Holly Hill Road from BD to I-1(CD). The Zoning Committee voted to recommend approval of this petition. Attachment No. 4 5. (99-94)Decision on Petition No. 99-94 by Home Depot for a change in zoning for approximately 17 acres located between Albemarle Road and Parkton Road, east of Harrisburg Road and across from Manchester Lane from B-2 to CC. Zoning Committee voted to recommend approval of this petition, with the following modifications: (The building's roofline will be modified at the contractor's entrance. (A chain link fence with black vinyl coating will be provided around the proposed garden center. Attachment No. 5 6. (99-95) Decision on Petition No. 99-95 by Ziad Nasrallah for a change in zoning for approximately 0.62 acres located on the east side of York Road (NC 49) across from Yorkmont Road and south of Billy Graham Parkway from B-1 to B-2. Zoning Committee voted to recommend denial of this petition. Attachment No. 6 7. (99-96) Decision on Petition No. 99-96 by Providence Court LLC for a change in zoning for approximately 2.2 acres located on the southwest corner of Sharon View Road and Flintwood Lane from R-3 to R-5(CD). Protest petitions have been filed and are sufficient to invoke the 3/4 rule. Zoning Committee voted to recommend a one-month deferral of this petition. Attachment No. 7 8. (99-98) Decision on Petition No. 99-98 by Ghazi-Cornelson Group for a change in zoning for approximately 5.2 acres located on the south side of East W. T. Harris Boulevard and east of U. S. 29 from O-2 and B-1(CD) to B-1(CD) and B-1(CD) S.P.A. Zoning Committee voted to recommend approval of this petition, with the following modifications: * A note will be added to the site plan agreeing to phase the project based upon closing the North Tryon Street median opening and providing access to the site from Ken Hoffman Drive or McCullough Drive. (A note will be added to the site plan agreeing to release the petitioner's access easement to W. T. Harris Boulevard, if and when McCullough Drive is extended to the petitoner's property. * A note will be added to the site plan whereby the petitioner agrees to construct that portion of McCullough Drive that borders the petitioner's property, if and when McCullough Drive is extended through to W. T. Harris Boulevard. (Only two detached signs will be permitted on the site. (The site plan will be revised to reflect a minimum size for the "pedestrian plazas". Attachment 8 9. (99-99) Decision on Petition No. 99-99 by Mulvaney Group, Ltd. for a change in zoning for approximately 128 acres located on the south side of Plaza Road, east of Eastway Drive from R-4 to R-17MF(CD), MX-2 and B-1(CD). A protest petition has been filed and is not sufficient to invoke the 3/4 voting rule. Zoning Committee voted to recommend approval of this petition, with the following modifications: (The petitioner will modify the site plan or otherwise commit to the provision of one full movement connection to Eastway Drive and two right-in/right-out connections to Eastway Drive. Since these Eastway Drive connections are technically off-site, the right-of-ways for public street connections must be dedicated prior to the issuance of any building permits. The left turn lane at the full movement access point is the responsibility of the petitioner/developer. An access easement to the church site must be provided. (The petitioner will realign the existing driveway across The Plaza from the main spine road into this site. Left turn lanes must also be provided at this access point. (The number of apartments is reduced to 296 units. No drive-thru restaurants, commercial laundromats, gas station/convenience stores, or similar highway oriented businesses will be permitted within the neighborhood shopping center. (A minimum of 150 single family detached units will be provided within the MX-2 zoning district. Attachment No. 9 10. (99-100)Decision on Petition No. 99-100 by Robert L. Brandon, Zoning Administrator to consider a text amendment to the City of Charlotte Zoning Ordinance to make the civil penalties for sign violations the same as any other Zoning Ordinance violations, except that sign violations would still receive a warning citation before the issuance of a civil penalty. Zoning Committee voted to recommend approval of the proposed text amendment. Attachment No. 10 11. (99-101) Decision on Petition No. 99-101 by Charlotte City Attorney's Office to consider a text amendment to Section 6.206, subsection 2 of the City of Charlotte Zoning Ordinance to eliminate an appeal to the City Council due to the denial of an amendment to an approved site plan. Said amendment also requires that abutting property owners be notified within fifteen days when an applicant appeals a denial to the Planning Committee of the Planning Commission and that abutting property owners shall be entitled to appeal the Planning Director's (or designee) approval of an amendment within fifteen days of knowledge of the approval. Zoning Committee voted to recommend approval of the proposed text amendment. Attachment No. 11 12. (99-102) Decision on Petition No. 99-102 by Judson Stringfellow-Triven Properties, LLC to consider a text amendment to Section 9.205 of the City of Charlotte Zoning Ordinance to change the side yard requirement for R-4 and R-5 zoning districts from six (6) feet to five (5) feet. Zoning Committee voted to recommend approval of this petition. Attachment No. 12 13. (99-103)Decision on Petition No. 99-103 by Columbus Club of South Charlotte for a change in zoning for approximately 3 acres located on the south side of Providence Road West, west of Houston Ridge Road from R-3 to INST(CD). Zoning Committee voted to recommend approval of this petition, with the following modification: (The parking area will be removed from the required buffer. Attachment No. 13 14. (99-104) Decision on Petition No. 99-104 by Gulf South Development for a change in zoning for approximately 22 acres located on the north side of Providence Road West, west of Houston Ridge Road from R-3 to R-8(CD). A protest petition has been filed and is sufficient to invoke the 3/4 voting rule. The Zoning Committee voted to recommend approval of this petition, with the following modifications: (A 30-foot buffer will be placed at the property line along the northern portion of the site to be in addition to the proposed 45-foot rear yards for those lots. (The site plan will be modified to provide for an 8-foot solid privacy fence along the northern edge of the site. Attachment No. 14 15. Recommend adoption of revisions to the proposed Floodway Regulations which include: ( Increase interim flood protection by 5.7 feet ( Revise the definition of substantial damage ( Reduce the amount of floodplain filling from 50 percent to 25 percent Attached is the proposed ordinance. (Proposed additions are hi-lited in bold/underline. Proposed deletions are identified by strikethrough text). A more complete Request for Council Action (RCA) will be sent in the October 15, 1999 Council/Manager Memo. Attachment No. 15 PUBLIC HEARINGS 16. (A) Hearing to consider designation of the property known as the "S. Bryce McLaughlin House" listed under tax parcel 127-046-09 in the Mecklenburg County Tax Office and including the entire exterior and interior of the house, the entire interior and exterior of the garage, and the entire parcel of land located within the boundaries of such tax parcel located at 2027 Greenway Avenue in Charlotte, North Carolina as an historic landmark. (B) Adopt an ordinance designating the S. Bryce McLaughlin House as an historic landmark. Attachment No. 16 17. (99-56) Hearing on Petition No. 99-56 by John H. Tabor to consider a text amendment to the City of Charlotte Zoning Ordinance to allow compatible uses for Outdoor Recreational Facilities adjacent to single family residential properties. Attachment No. 17 18. (99-53) Hearing on Petition No. 99-53 by Crosland Retail for a change in zoning for approximately 37.5 acres located on the northwest corner of Providence Road West and Providence Road (NC 16) from B-1S.C.D. to CC.. Attachment No. 18 19. (99-82) Hearing on Petition No. 99-82 by Fairfield Residential, LLC for a change in zoning for approximately 3.3 acres located on the east side of S. Tryon Street, south of East Carson Boulevard from I-2 to MUDD-O. Attachment No. 19 20. (99-91) Hearing on Petition No. 99-91 by LandCraft Properties for a change in zoning for approximately 9.4 acres located on the northwest corner of Old Plank Road and Dale Avenue from R-4 to R-5(CD). A protest petition has been filed and is sufficient to invoke the 3/4 voting rule. Attachment No. 20 21. (99-97) Hearing on Petition No. 99-97 by Robert T. Drakeford for a change in zoning for approximately 7 acres located on the southwest corner of Clanton Road and West Boulevard from R-5, R-17MF and R-22MF to B-1(CD). Attachment No. 21 22. (99-106) Hearing on Petition No. 99-106 by Land Development & Consulting Services, Inc. for a change in zoning for approximately 18 acres located on the east side of Lawing School Road, west of Belmorrow Drive and south of Bellhaven Boulevard from R-3 to R-4. Attachment No. 22 23. (99-107) Hearing on Petition No. 99-107 by The Conformity Group for a change in zoning for approximately .85 acres located on the southeast corner of West Morehead Street and Elliot Street, east of Interstate 77 from I-2 to MUDD. Attachment No. 23 24. (99-108) Hearing on Petition No. 99-108 by LandCraft Properties for a change in zoning . for approximately 19.5 acres located on the north side of Hayden Drive, west of Mallard Ridge Drive from R-3 to R-4(CD). Petition originally filed to request R- 6(CD). A protest petition has been filed and is sufficient to invoke the 3/4 voting rule. Attachment No. 24 25. (99-109) Hearing on Petition No. 99-109 by Lincoln-Harris/JDN for a change in zoning for approximately 96 acres located on the east side of Independence Boulevard, east of Sardis Road North and west of Lakeview Circle from R-4 and R-17MF to R-17MF(CD) and CC. A protest petition has been filed and is sufficient to invoke the 3/4 voting rule. Attachment No. 25 26. (99-110) Hearing on Petition No. 99-110 by Diamond Oak Development, Inc. for a change in zoning for approximately 22 acres located on the west side of Nations Ford Road, east of Lenoir Road from R-4 to R-8MF(CD). Attachment No. 26 27. (99-111) Hearing on Petition No. 99-111 by Dr. Rufus G. Pettis for a change in zoning for for approximately 1.8 acres located on the southwest corner of Clark Boulevard and North Tryon Street from O-2 to B-1(CD). Attachment No. 27 28. (99-112) Hearing on Petition No. 99-112 by Portrait Homes Construction Co. for a change in zoning for approximately 21 acres located on the west side of Prosperity Church Road, north of White Cascade Drive from R-3 to R-8MF(CD). Petitioner requests a deferral to December 20, 1999. Attachment No. 28 29. (99-113) Hearing on Petition No. 99-113 by Michael O'Brien for a change in zoning for approximately .37 acres located north of Fourth Street on the east side of Summit Avenue and west of Interstate 77 from O-2 to UR-2. Attachment No. 29 30. (99-114) Hearing on Petition No. 99-114 by Albemarle Land Company, LLC for a change in zoning for approximately 42.18 acres located on the south side of Albemarle Road, west of Harrisburg Road and east of Olde Savannah Road from R-3 to CC Attachment No. 30 31. (99-115) Hearing on Petition No. 99-115 by ColeJenest & Stone for a change in zoning for approximately .28 acres located on the north side of Trade Street, south of W. Fifth Street, on the east and west sides of Clarkson Street from UMUD to UMUD-O. Attachment No. 31 32. (99-116) Hearing on Petition No. 99-116 by The Methodist Home, Inc. for a change in zoning for approximately 80 acres located on the south side of Shamrock Drive, east of Eastway Drive and north of Sudbury Road from INST(CD) to INST(CD) S.P.A. Attachment No. 32 33. (99-117) Hearing on Petition No. 99-117 by Fisher Harriss Development Company for a change in zoning for approximately 4 acres located on the east side of Prosperity Church Road, west of Mallard Creek Road from R-3 to O-1(CD). Attachment No. 33 34. (99-118) Hearing on Petition No. 99-118 by Charlotte-Mecklenburg Planning Commission to consider a text amendment to Section 9.906 of the City of Charlotte Zoning Ordinance to add a new subsection (9) entitled Rail Transit Corridors in order to protect specific rail corridors and to encourage them to serve as multi-modal transportation facilities, such as rail-trolley, bus, and pedestrian ways, while preserving the opportunity to add other transit related facilities in the future. Attachment No. 34 35. (99-119) Hearing on Petition No. 99-119 by Mecklenburg County Department of Environmental Protection Department to consider a text amendment to Chapter 12 of the City of Charlotte Zoning Ordinance to implement the previously adopted Surface Water Improvement and Management (SWIM) Buffer Plan, the purpose of which is to establish regulations and standards to ensure that streams and adjacent lands will fulfill their natural functions. Attachment No. 35 36. (99-120) Hearing on Petition No. 99-120 by Crosland Retail for a change in zoning for approximately 15 acres located on the northeast corner of John Price Road and York Road from CC to CC S.P.A. Attachment No. 36 37. (99-121) Hearing on Petition No. 99-121 by DeWitt F. McCarley, City Attorney to consider a text amendment to Sections 2.201 and 12.522 of the City of Charlotte Zoning Ordinance to conform the Zoning Ordinance definition of adult establishment to the definition found in the City's recently enacted Sexually Oriented Businesses Licensing Ordinance. Attachment No. 37