Monday, March 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. (98-110) Hearing on Petition No. 98-110 by Debra Grier for a change in zoning for approximately .272 acres located on the west side of Mulberry Avenue north of Oaklawn Avenue from R-5 to R-8MF(CD). Attachment No. 1 2. (99-08) Hearing 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). 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). A protest petition has been filed and is sufficient to invoke the 3/4 rule. Attachment No. 3 4. (99-22) Hearing on Petition No. 99-22 by Tribek Properties for a change in zoning for approximately 3.74 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. 4 5. (99-26) Hearing on Petition No. 99-26 by MB and Frances Wallace and the Estate of Alma Wallace for a change in zoning for approximately 17.39 acres located on the north side of Johnston Oehler Road south of Ridge Road and west of Jimmy Oehler Road from R-3 to R-4. Attachment No. 5 6. (99-27) Hearing on Petition No. 99-27 by Diamond Oak Development, Inc. for a change in zoning for approximately 9 acres located on Muddy Pond Lane east of Pineville Road (U.S. Hwy. 521) from R-4 to R-8(CD). A protest petition has been filed and is sufficient to invoke the 3/4 rule. Attachment No. 6 7. (99-28) Hearing 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). Attachment No. 7 8. (99-29) Hearing 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). Attachment No. 8 9. (99-30) Hearing 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. Attachment No. 9 10. (99-31) Hearing 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 B-1(CD). Attachment No. 10 11. (99-32) Hearing on Petition No. 99-32 by Patrick Pham for a change in zoning for approximately .42 acres located on the east side of North Sharon Amity Road south of Central Avenue from R-17MF to O-1(CD). Attachment No. 11 12. (99-33) Hearing on Petition No. 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). Attachment No. 12 13. (99-34) Hearing 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. Attachment No. 13 14. (99-35) Hearing 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). Attachment No. 14 15. (99-36) Hearing on Petition No. 99-36 by St. Luke's Village, LLC for a change in zoning for approximately 4.95 acres located on the south side of Marsh Road west of Park Road from R-4 to R-17MF(CD). Attachment No. 15 16. (99-37) Hearing 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. Attachment No. 16 17. (99-38) Hearing on Petition No. 99-38 by Portman Holdings and City of Charlotte for approximately 3.9 acres located on the southeast corner of S. College Street and East Stonewall Street from UMUD to UMUD-O. Attachment No. 17 DECISIONS 18. (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). This petition was deferred for 30 days on November 16, 1998, 30 days on December 21, 1998, 30 days on January 20, 1999 and 30 days on February 15, 1999. Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 18 19. (98-116) Decision 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 the East-West Circumferential Road from R-3 to O-1(CD). The Zoning Committee voted to recommend a two month deferral of this petition. Attachment No. 19 20. (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. This 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. 20 21. (98-122) Decision on Petition No. 98-122 by Brian Speas for a change in zoning for approximately 0.88 acres located on the west side of Park Road across from Salem Drive and south of McDonald Avenue from INST(CD) to R-17MF(CD). A protest petition has been filed and is sufficient to invoke the 3/4 vote. The Zoning Committee voted to recommend approval of this petition, with the following modifications: The number of proposed condominium units is reduced to 14. The requested district is modified from R-22MF(CD) to R-17MF(CD). Note #7 on the plan is modified to reflect that, should this condominium proposal not be developed, the property may be developed under the R-4 district standards. Attachment No. 21 22. (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 US 29 and Heritage Pointe Drive from R-3 to R-12MF(CD). The petition was deferred for 30 days on February 15, 1999. Zoning Committee voted to recommend a one month deferral of this petition. Attachment 22 23. (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 petition was deferred for 30 days on February 15, 1999. Zoning Committee voted to recommend a two month deferral of this petition. Attachment No. 23 24. (99-14) Decision 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. Zoning Committee voted to recommend approval of this petition. Attachment No. 24 25. (99-15) Decision on Petition No. 99-15 by Ms. Nga Troung for approximately .19 acres located on the north side of Rozzelles Ferry Road east of Hoskins Road from R-22MF to B-1. Zoning Committee voted to recommend approval of this petition Attachment No. 25 26. (99-16) Decision on Petition No. 99-16 by Triven Properties, LLC for a change in zoning for approximately 16.7 acres located on Hewitt Drive west of West Sugar Creek Road from R-3 to R-5. Zoning Committee voted to recommend approval of this petition. Attachment No. 26 27. (99-17) Decision 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 UMUD(CD) and UMUD(CD) S.P.A. Zoning Committee voted to recommend approval of this petition. Attachment No. 27 28. (99-18) Decision 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 West Rocky River Road from R-3 to MX-1. Zoning Committee voted to recommend approval of this petition, with the following modification: The petitioner will work with transportation officials to accommodate the potential realignment of Rocky River Road due to the improved crossing of the high-speed rail line. Attachment No. 28 29. (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). Zoning Committee voted to recommend a one month deferral of this petition. Attachment No. 29 30. (99-20) Decision on Petition No. 99-20 by Pace/Dowd Properties 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). Zoning Committee voted to recommend approval of this petition. Attachment No. 30 31. (99-21) Decision 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-1 S.C.D., BD(CD) and I-1(CD) to INST. Zoning Committee voted to recommend approval of this petition. Attachment No. 31 32. (99-24) Decision on Petition No. 99-24 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). Zoning Committee voted to recommend approval of this petition, with the following modifications: A note will be added to the site plan committing to preserve existing trees within required setbacks and buffers. Buffer width shall not be reduced by the installation of a fence, wall, or berm. Sight distance triangles at the driveway will be revised to comply with CDOT standards. Attachment No. 32 33. (99-25) Decision 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). Zoning Committee voted to recommend approval of this petition. Attachment No. 33 34. Resolution calling for public hearings on Monday, April 19, 1999 at 6:00 p.m. in the Meeting Chamber of the Charlotte-Mecklenburg Government Center for Petitions Nos. 99-23, 99-39 through 99-45, and 99-47 through 99-50.