HomeMy WebLinkAboutZ-8165-A Staff AnalysisAugust 21, 2008
ITEM NO.: A.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
E NO.: Z-81
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
94 Acres
Rezone from R-2 and MF-18 to OS, R-2, MF-6,
MF-12, 0-3 and C-3
Future development
Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION;
(JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
August 21, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
October 2, 2008
TEM NO.: A.1 FILE NO.: Z-81
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF-18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont.
Neighborhood Action Plan:
FILE NO.: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 —
R-2 to OS
( 1.57 Acres)
Area 2 —
R-2 to MF-18
(20.30 Acres)
Area 3 —
R-2 to 0-3
( 2.93 Acres)
Area 4 —
R-2 to C-3
( 7.71 Acres)
Area 5 —
MF-18 to C-3
( 3.02 Acres)
Area 6 —
MF-18 to C-3
( 5.70 Acres)
Area 7 —
MF-18 to R-2
( 0.03 Acre)
Area 8 —
MF-18 to C-3
( 3.48 Acres)
Area 9 —
MF-18 to 0-3
( 1.56 Acres)
Area 10 —
R-2 to 0-3
( 0.68 Acre)
Area 11 ---
R-2 to MF-18
(13.91 Acres)
Area 12 —
MF-18 to R-2
( 1.62 Acres)
Area 13 —
M F-18 to OS
( 5.04 Acres)
Area 14 —
R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
a OS
— 8.0 Acres
a R-2
— 60.1 Acres
MF-18 — 41.2 Acres
o 0-3
— 5.2 Acres
® C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
.19
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
5
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8185-A
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
1. The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
no
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
N
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-81
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
0
December 18, 2008
ITEM NO.: H.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
FILE NO.: Z-8165-A
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "0-3" General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to "0-3" represents a more intense
December 18, 2008
SUBDIVISION
ITEM NO: H.1 Cont. FILE NO.: Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this
area as something other than its current zoning of single family residential would
introduce a level of traffic, noise and light which would be detrimental to the
existing adjacent single family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3.
P%
October 2, 2008
ITEM NO.: A.1
�.eJ
FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF=18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial: A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont.
E
Neighborhood Action Plan:
FILE NO_: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2
Single Family District and WF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "0-3"
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1
— R-2 to OS
( 1.57 Acres)
Area 2
— R-2 to MF-18
(20.30 Acres)
Area 3
— R-2 to 0-3
( 2.93 Acres)
Area 4
— R-2 to C-3
( 7.71 Acres)
Area 5 ---
MF-18 to C-3
( 3.02 Acres)
Area 6
— MF-18 to C-3
( 5.70 Acres)
Area 7
— MF-18 to R-2
( 0.03 Acre)
Area 8
— MF-18 to C-3
( 3.48 Acres)
Area 9
— MF-18 to 0-3
( 1.56 Acres)
Area 10
— R-2 to 0-3
( 0.68 Acre)
Area 11
— R-2 to MF-18
(13.91 Acres)
Area 12
— MF-18 to R-2
( 1.62 Acres)
Area 13
— MF-18 to OS
( 5.04 Acres)
Area 14 —
R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres 'of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
• OS
— 8.0 Acres
• R-2
— 60.1 Acres
■ MF-18 — 41.2 Acres
• 0-3
— 5.2 Acres
C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
Gt
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION.
(JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
5
October 2, 2008
ITEM NO: A.1 (Cont
PLANNING COMMISSION ACTION:
FILE NO.: Z-8165-A
(AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
1. The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
X
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
7
October 2, 2008
ITEM NO: A.1 {Co
FILE NO.: Z-8155-A
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
W
December 18, 2008
ITEM NO.: H.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
E NO.: Z-8165-A
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "0-3" General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to "0-3" represents a more intense
December 18, 2008
SUBDIVISION
ITEM NO: H.1 (Cont.
FILE NO.: Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this
area as something other than its current zoning of single family residential would
introduce a level of traffic, noise and light which would be detrimental to the
existing adjacent single family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3-
2
October 2, 2008
ITEM NO.: A.1
FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF-18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route-
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial: A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
jcycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-cf-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont.
E
eiahborhood Action Plan:
FILE NO.: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 — R-2 to OS
( 1.57 Acres)
Area 2 — R-2 to MF-18
(20.30 Acres)
Area 3 — R-2 to 0-3
( 2.93 Acres)
Area 4 — R-2 to C-3
( 7.71 Acres)
Area 5 — M F-18 to C-3
( 3.02 Acres)
Area 6 — MF-18 to C-3
( 5.70 Acres)
Area 7 — MF-18 to R-2
( 0.03 Acre)
Area 8 — MF-18 to C-3
( 3.48 Acres)
Area 9 — MF-18 to 0-3
( 1.56 Acres)
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — M F-18 to R-2
( 1.62 Acres)
Area 13 — M F-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
OS
— 8.0 Acres
R-2
— 60.1 Acres
• MF-18
— 41.2 Acres
• 0-3
— 5.2 Acres
C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
0
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
5
October 2, 2008
NO: A.1 (Cont.
FILE NO.: Z-8165-A
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
Ce
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
►1
October 2, 2008
ITEM NO: A.1 Cont. FILE NO.; Z-8185-A
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
December 18, 2008
ITEM NO.: H.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
FILE NO.: Z-8165-A
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "O-Y General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to "0-3" represents a more intense
December 18, 2008
SUBDIVISION
ITEM NO: H.1 (Cont.
FILE NO.: Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this
area as something other than its current zoning of single family residential would
introduce a level of traffic, noise and light which would be detrimental to the
existing adjacent single family neighborhoods.
TAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3.
2
October2, 2008 /0
ITEM NO_: A.1 FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF=18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont.
Neighborhood Action Plan:
FILE NO.: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 — R-2 to OS
( 1.57 Acres)
Area 2 — R-2 to MF-18
(20.30 Acres)
Area 3 — R-2 to 0-3
( 2.93 Acres)
Area 4 — R-2 to C-3
( 7.71 Acres)
Area 5 — MF-18 to C-3
( 3.02 Acres)
Area 6 — MF-18 to C-3
( 5.70 Acres)
Area 7 — M F-18 to R-2
( 0.03 Acre)
Area 8 — MF-18 to C-3
( 3.48 Acres)
Area 9 — MF-18 to 0-3
( 1.56 Acres)
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — M F-18 to R-2
( 1.62 Acres)
Area 13 — MF-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 (Cont.)
FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
• OS
— 8.0 Acres
• R-2
— 60.1 Acres
MF-18 — 41.2 Acres
• 0-3
— 5.2 Acres
• C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
Il
October 2, 2008
FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE. -
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to -allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
5
October 2, 2008
ITEM NO: A.1 (Cont
PLANNING COMMISSION ACTION:
FILE NO.: Z-8165-A
(AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
9
October 2, 2008
ITEM NO: A_1 (Cont.
FILE NO.: Z-81
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
7
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
0
February 5, 2009
ITEM NO.: FA FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 20.30 Acres
Request: Rezone from R-2 to 0-3
(Revision to previously approved application)
Purpose: Future development
Existing Use: Undeveloped
STAFF ANALYSIS:
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "O-Y General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to "O-Y represents a more intense
February 5, 2009
SUBDIVISION
ITEM NO: F.1 (Cont.)
FILE NO.: Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this
area as something other than its current zoning of single family residential would
introduce a level of traffic, noise and light which would be detrimental to the
existing adjacent single family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3-
PLANNING COMMISSION ACTION:
(DECEMBER 18, 2008)
Staff informed the Commission that the applicant submitted a letter on
December 15, 2008 requesting the application be deferred to the February 5,
2009 Agenda. Staff supported the deferral request.
With a vote of 6 ayes, 0 nays, 2 absent and 3 open positions, the Commission
voted to waive their bylaws and accept the request for deferral being less than
five (5) business days prior to the meeting.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 5, 2009 Agenda. A motion to that
effect was made. The motion passed by a vote of 6 ayes, 0 nays, 2 absent and
3 open positions.
2
October 2, 2008
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FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF=18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165.A
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont_
Neighborhood Action Plan:
FILE NO.: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 — R-2 to OS
( 1.57 Acres)
Area 2 — R-2 to MF-18
(20.30 Acres)
Area 3 — R-2 to 0-3
( 2.93 Acres)
Area 4 — R-2 to C-3
( 7.71 Acres)
Area 5 — MF-18 to C-3
( 3.02 Acres)
Area 6 — MF-18 to C-3
( 5.70 Acres)
Area 7 — MF-18 to R-2
( 0.03 Acre)
Area 8 — MF-18 to C-3
( 3.48 Acres)
Area 9 — MF-18 to 0-3
( 1.56 Acres)
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — MF-18 to R-2
( 1.62 Acres)
Area 13 — MF-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
• OS
— 8.0 Acres
■ R-2
— 60.1 Acres
■ MF-18 — 41.2 Acres
• 0-3
— 5.2 Acres
• C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
In
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
9
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie'Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
L
October 2, 2008
ITEM NO: A.1 (Cont.)
FILE NO.: Z-8165-A
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
7
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
February 5, 2009
ITEM NO.: F.1 FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 20.30 Acres
Request: Rezone from R-2 to 0-3
(Revision to previously approved application)
Purpose: Future development
Existing Use: Undeveloped
STAFF ANALYSIS:
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "04' General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to " O-3" represents a more intense
February 5, 2009
UBDIVISION
ITEM NO.: F.1
FILE NO.: Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this area as
something other than its current zoning of single family residential would introduce a
level of traffic, noise and light which would be detrimental to the existing adjacent single
family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3.
PLANNING COMMISSION ACTION-
(DECEMBER 18, 2008)
Staff informed the Commission that the applicant submitted a letter on
December 15, 2008 requesting the application be deferred to the February 5, 2009
Agenda. Staff supported the deferral request.
With a vote of 6 ayes, 0 nays, 2 absent and 3 open positions, the Commission voted to
waive their bylaws and accept the request for deferral being less than five (5) business
days prior to the meeting.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the February 5, 2009 Agenda. A motion to that effect was made.
The motion passed by a vote of 6 ayes, 0 nays, 2 absent and
3 open positions.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
Bill Spivey, Tim Daters, Larry Peterman and Ernie Peters were present, representing
the application. There were two (2) persons present in support and two (2) persons
present in opposition. Staff presented the revised application with a recommendation of
denial. Staff noted that additional conditions had been offered by the applicant in a
letter from Bill Spivey dated January 28, 2009.
Bill Spivey addressed the Commission in support of the application. He reviewed the
previously approved application and discussed the proposed revisions. He explained
that there had been meetings with neighborhood associations regarding the revised
application. He discussed the letter dated January 28, 2009 which offered conditions
for the overall rezoning.
Tim Daters also addressed the Commission in support of the application. He provided
an aerial photo of the property and discussed the proposed rezoning. He discussed
future access to the areas along Rahling Road.
2
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 f Cont.
FILE NO.: Z-8165-A
Larry Peterman also spoke in support. He described the proposed 0-3 zoning as "local
office space" and explained how it would be different from the office zoning at Chenal
Parkway and Rahling Road. He also explained that the proposed C-3 zoning would be
developed as neighborhood commercial and would be different from the commercial
development at Chenal Parkway and Rahling Road, which he described as "destination
commercial". He further discussed the proposed rezoning. Mr. Daters noted that Ernie
Peters was present to discuss the traffic study if needed.
Jeff Cook addressed the Commission in opposition. He expressed concern with the
proposed rezoning. He discussed the extension of Beckenham Drive with respect to
the proposed rezoning. He noted concurrence with staffs recommendation. He
explained that the proposed rezoning would adversely effect the surrounding
neighborhoods and create more traffic within his neighborhood. He noted that many
area property owners were still opposed to the rezoning.
Ruth Bell, League of Women Voters, also spoke in opposition. She explained that long-
range planning was a benefit to the City. She explained that the proposed rezoning did
not comply with the City's long-range land use plan.
Mr. Spivey explained that the proposed revisions to the application were a response to
neighborhood requests. He noted that the proposed rezoning was a good -faith effort to
develop the subject property, rather than a piece -meal attempt in the future. He pointed
out that the proposal included R-2 zoned areas between the proposed MF-18, 0-3 and
C-3, and the existing single-family residential areas.
Dick Fletcher addressed the Commission in support of the application. He noted that
his residence is approximately six (6) lots away from the proposed rezoning. He
explained that he was in support of the rezoning with the revision to 0-3.
Anthony Fulgran also spoke in support. He stated that he was president of the Chenal
Ridge Neighborhood Association and that the neighborhood was in support of the
revised application.
Commissioner Rector noted that the proposed area of MF-18 zoning as reduced by the
applicant was approximately the same amount of acreage as currently zoned MF-18.
He explained that the revisions were positive changes to the application.
Vice -Chair Yates asked about the life of the proposed deed restrictions for the R-2
zoned areas. Mr. Spivey noted that the restrictions would be as long as legally
possible. Vice -Chair Yates explained that the City Board had made a previous
commitment to have Beckenham Drive extend to Rahling Road. He made additional
comments regarding neo-traditional development.
3
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Cont.
FILE NO.: Z-8165-A
Commissioner Taylor asked Mr. Cook to comment on the traffic in the Villages of
Wellington neighborhood. Mr. Cook explained that traffic generated by the proposed
MF-18 zoning would use Wellington Plantation Drive even if there was no direct access.
He noted that the entire application was being reviewed with the proposed
revisions/conditions. Cindy Dawson, City Attorney, explained that the entire application,
as revised, was before the Commission for consideration.
Chairman Taylor commented on the changes the applicant had made in the application
prior to Board action. He explained that he was not comfortable with the application and
would be voting against it.
There was a motion to approve the requested Land Use Plan Amendment as revised by
the applicant. The motion failed by a vote of 4 ayes, 6 nays and 1 absent.
There was a second motion to approve the rezoning application as revised by the
applicant. The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The revised
Land Use Plan Amendment and rezoning applications were denied.
0
ITEM B.1.
February 5, 2009
ITEM NO.: F.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
215109 PC MINUTES
FILE NO.: Al P6AES
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application
for 68.93 acres of property located along the east side of Rahling Road, south of
Pebble Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised
the application for 20.30 acres of the property, noted as "Area 2" in the attached
minute record and sketches. The Planning Commission approved this 20.30
acres for a rezoning from "R-2" Single Family District to "MF-18" Multifamily
District. The applicant is now requesting a rezoning from "R-2" to "O-Y General
Office District for the 20.30 acres labeled as "Area 2". The Board of Directors
has sent the revised portion of the application back to the Planning Commission
for reconsideration.
All owners of property located within 200 feet of the overall property boundary (as
per abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who
attended the October 2, 2008 Planning Commission hearing and filled out a card,
and the Chenal Ridge, Hillsborough and Village of Wellington Neighborhood
Associations were notified of the Planning Commission public hearing on the
revised application.
The revision to the application does not change staff's previous recommendation
of denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18".
The revised request to rezone "Area 2" to "O-Y represents a more intense
February 5, 2009
SUBDIVISION
ITEM NO.- F.1 (Cont.
FILE NO, Z-8165-A
zoning for this 20.30 acres. Staff continues to believe that development of this area as
something other than its current zoning of single family residential would introduce a
level of traffic, noise and light which would be detrimental to the existing adjacent single
family neighborhoods.
STAFF ANALYSIS:
Staff recommends denial of the requested revised rezoning to 0-3.
PLANNING COMMISSION ACTION
(DECEMBER 18, 2008)
Staff informed the Commission that the applicant submitted a letter on
December 15, 2008 requesting the application be deferred to the February 5, 2009
Agenda. Staff supported the deferral request.
With a vote of 6 ayes, 0 nays, 2 absent and 3 open positions, the Commission voted to
waive their bylaws and accept the request for deferral being less than five (5) business
days prior to the meeting.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the February 5, 2009 Agenda. A motion to that effect was made.
The motion passed by a vote of 6 ayes, 0 nays, 2 absent and
3 open positions.
PLANNING COMMISSION ACTION- (FEBRUARY 5, 2009)
Bill Spivey, Tim Daters, Larry Peterman and Ernie Peters were present, representing
the application. There were two (2) persons present in support and two (2) persons
present in opposition. Staff presented the revised application with a recommendation of
denial. Staff noted that additional conditions had been offered by the applicant in a
letter from Bill Spivey dated January 28, 2009.
Bill Spivey addressed the Commission in support of the application. He reviewed the
previously approved application and discussed the proposed revisions. He explained
that there had been meetings with neighborhood associations regarding the revised
application. He discussed the letter dated January 28, 2009 which offered conditions
for the overall rezoning.
Tim Daters also addressed the Commission in support of the application. He provided
an aerial photo of the property and discussed the proposed rezoning. He discussed
future access to the areas along Rahling Road.
2
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Cont.
FILE NO.: Z-8165-A
Larry Peterman also spoke in support. He described the proposed 0-3 zoning as "local
office space' and explained how it would be different from the office zoning at Chenal
Parkway and Rahling Road. He also explained that the proposed C-3 zoning would be
developed as neighborhood commercial and would be different from the commercial
development at Chenal Parkway and Rahling Road, which he described as "destination
commercial". He further discussed the proposed rezoning. Mr. Daters noted that Ernie
Peters was present to discuss the traffic study if needed.
Jeff Cook addressed the Commission in opposition. He expressed concern with the
proposed rezoning. He discussed the extension of Beckenham Drive with respect to
the proposed rezoning. He noted concurrence with staff's recommendation. He
explained that the proposed rezoning would adversely effect the surrounding
neighborhoods and create more traffic within his neighborhood. He noted that many
area property owners were still opposed to the rezoning.
Ruth Bell, League of Women Voters, also spoke in opposition. She explained that long-
range planning was a benefit to the City. She explained that the proposed rezoning did
not comply with the City's long-range land use plan.
Mr. Spivey explained that the proposed revisions to the application were a response to
neighborhood requests. He noted that the proposed rezoning was a good -faith effort to
develop the subject property, rather than a piece -meal attempt in the future. He pointed
out that the proposal included R-2 zoned areas between the proposed MF-18, 0-3 and
C-3, and the existing single-family residential areas.
Dick Fletcher addressed the Commission in support of the application. He noted that
his residence is approximately six (6) lots away from the proposed rezoning. He
explained that he was in support of the rezoning with the revision to 0-3.
Anthony Fulgran also spoke in support. He stated that he was president of the Chenal
Ridge Neighborhood Association and that the neighborhood was in support of the
revised application.
Commissioner Rector noted that the proposed area of MF-18 zoning as reduced by the
applicant was approximately the same amount of acreage as currently zoned MF-18.
He explained that the revisions were positive changes to the application.
Vice -Chair Yates asked about the life of the proposed deed restrictions for the R-2
zoned areas. Mr. Spivey noted that the restrictions would be as long as legally
possible. Vice -Chair Yates explained that the City Board had made a previous
commitment to have Beckenham Drive extend to Rahling Road. He made additional
comments regarding neo-traditional development.
3
February 5, 2009
SUBDIVISION
ITEM NO.: F.1 (Contj FILE NO.: Z-8165-A
Commissioner Taylor asked Mr. Cook to comment on the traffic in the Villages of
Wellington neighborhood. Mr. Cook explained that traffic generated by the proposed
MF-18 zoning would use Wellington Plantation Drive even if there was no direct access.
He noted that the entire application was being reviewed with the proposed
revisions/conditions. Cindy Dawson, City Attorney, explained that the entire application,
as revised, was before the Commission for consideration.
Chairman Taylor commented on the changes the applicant had made in the application
prior to Board action. He explained that he was not comfortable with the application and
would be voting against it.
There was a motion to approve the requested Land Use Plan Amendment as revised by
the applicant. The motion failed by a vote of 4 ayes, 6 nays and 1 absent.
There was a second motion to approve the rezoning application as revised by the
applicant. The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The revised
Land Use Plan Amendment and rezoning applications were denied.
11
ITEM B.1.
October 2, 2008 1012108 PC MINUTES
8 PAGES
ITEM NO.: A.1 FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF-18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3_ Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
October 2, 2008
ITEM NO: A.1 (Cont.
Neighborhood Action Plan:
FILE NO.: Z-8165-A
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 — R-2 to OS
( 1.57 Acres)
Area 2 — R-2 to MF-18
(20.30 Acres)
Area 3 — R-2 to 0-3
( 2.93 Acres)
Area 4 — R-2 to C-3
( 7.71 Acres)
Area 5 — MF-18 to C-3
( 3.02 Acres)
Area 6 — MF-18 to C-3
( 5.70 Acres)
Area 7 — MF-18 to R-2
( 0.03 Acre)
Area 8 — MF-18 to C-3
( 3.48 Acres)
Area 9 — MF-18 to 0-3
( 1.56 Acres)
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — MF-18 to R-2
( 1.62 Acres)
Area 13 — MF-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
3
October 2, 2008
ITEM NO: A.1 Cont. FILE NO.: Z-8165-A
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
* OS
— 8.0 Acres
o R-2
— 60.1 Acres
a MF-18 — 41.2 Acres
0-3
— 5.2 Acres
C-3
— 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
0
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF -NOTE. -
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
5
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
lei
October 2, 2008
ITEM NO: A.1 (Cont.
FILE NO.: Z-8165-A
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road.. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
7
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
9
April 2, 2009
ITEM NO.: B.1
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
FILE NO.: Z-8165-A
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble Beach
Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application for
68.93 acres of property located along the east side of Rahling Road, south of Pebble
Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised the
application for 20.30 acres of the property, noted as "Area 2" in the attached minute
record and sketches. The Planning Commission approved this 20.30 acres for a
rezoning from "R-2" Single Family District to "MF-18" Multifamily District. The applicant
is now requesting a rezoning from "R-2" to "O-Y General Office District for the 20.30
acres labeled as "Area 2". The Board of Directors sent the revised application back to
the Planning Commission for reconsideration.
The revised application was placed on the February 5, 2009 Planning Commission
agenda. Prior to the meeting, the applicant made further revisions to the application by
proposing additional restrictions/conditions on the proposed rezonings. The
restrictions/conditions are outlined in a document submitted by the applicant dated
January 28, 2009.
On February 5, 2009 the Planning Commission conducted a public hearing on the
revised application. On advice of the Deputy City Attorney present, the Commission
considered the entire application as a revised application. The Commission voted to
recommend denial of the revised application. A copy of the February 5, 2009 Planning
Commission minute record is attached for commission review.
April 2, 2009
ITEM NO.: B.1 (Cont.
FILE NO.: Z-8165-A
The City Attorney's Office has since ruled that the February 5, 2009 Planning
Commission action was inappropriate. It is the City Attorney's opinion that only the
revisions to the previously approved application should have been considered and not
the entire application. Therefore, the revisions to the application are being brought back
to the Planning Commission for consideration as follows:
Proposed rezoning of "Area 2" (20.30 acres) to "0-3" instead of the previously
approved "MF-18".
2. Proposed additional restrictions/conditions placed on the property as outlined in the
document from John William Spivey, III (Wright, Lindsey and Jennings, LLP) dated
January 28, 2009. Copy of document attached for Commission review.
All owners of property located within 200 feet of the overall property boundary (as per
abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who attended
the October 2, 2008 Planning Commission hearing and filled out a card, and the Chenal
Ridge, Hillsborough and Village of Wellington Neighborhood Associations were notified
of the April 2, 2009 Planning Commission public hearing.
The revisions to the application do not change staff's previous recommendation of
denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18". The revised
request to rezone "Area 2" to "O-Y represents a more intense zoning for this 20.30
acres. Staff continues to believe that development of this area as something other than
its current zoning of single family residential would introduce a level of traffic, noise and
light which would be detrimental to the existing adjacent single family neighborhoods.
STAFF RECOMMENDATION:
Staff recommends denial of the requested revisions to the previously approved rezoning
application.
PLANNING COMMISSION ACTION:
(APRIL 2, 2009)
Bill Spivey and Tim Daters were present, representing the application. There were
numerous objectors present. Staff presented the revisions to the previously approved
application with a recommendation of denial.
Bill Spivey addressed the Commission in support of the application. He discussed the
reasons for requesting that "Area 2" be zoned to 0-3 rather than MF-18. He discussed
the additional revisions/conditions proposed for the overall property. He noted that the
2
April 2, 2009
ITEM NO.: B.1 (Cont.
FILE NO.: Z-8165-A
additional restrictions/conditions were formulated while working with neighborhood
residents.
Dick Fletcher of the Chenal Ridge neighborhood also spoke in support. He explained
that he along with other residents worked with the applicant in drafting the additional
restrictions/conditions and change of "Area 2" to 0-3.
Anthony Fuhlgham, president of the Chenal Ridge Neighborhood Association, also
spoke in support of the application. He explained that his neighborhood association had
worked with the applicant with respect to the revisions in the application. He noted that
the amendments to the application were more restrictive than the original application.
Commissioner Rector explained that the Commission had already approved the
application and that only the revisions were being considered by the Commission at this
time.
Bill Corley, of the Villages of Wellington Neighborhood, spoke in opposition. He
expressed opposition to the revised zoning to 0-3. He noted support of the Planning
Staff's recommendation.
Jeff Cook also spoke in opposition. He expressed opposition to the 0-3 zoning and
explained.
Commissioner Nunnley asked Mr. Corley about comments he made regarding
multifamily zoning. Mr. Corley noted that he would rather see "Area 2" zoned MF-18
than O-3.
Ruth Bell spoke in opposition. She explained that there was no need for the additional
office zoning. She noted that the existing Land Use Plan should be supported.
Josh Bass, of the Pebble Beach Estates Neighborhood, also spoke in opposition. He
briefly discussed the revised application and noted support of staff's recommendation.
Casey Tucker, of the Villages of Wellington Neighborhood, also spoke in opposition.
She noted that she was not in support of any part of the application and explained.
Mr. Spivey noted that the reason for revising the application was based on input from
neighbors. He explained the additional restrictions proposed.
Commissioner Smith asked Mr. Spivey about future development of this property if the
rezoning was not approved. Mr. Spivey explained that if the rezoning were not
approval, the property would likely remain undeveloped, but noted that it was unclear.
3
April 2, 2009
ITEM NO.: B.1
FILE NO.: Z-8165-A
Commissioner Rouse asked Ms. Tucker why she was opposed to the additional
restrictions/conditions. Ms. Tucker explained that although uses had been eliminated
for the 0-3 and C-3 areas, there were still uses which would be high traffic uses and
objectionable to the neighborhood.
Commissioner Rector asked what staff's recommendation was with respect to the
revisions. Tony Bozynski, Planning Director, indicated that if staff had to choose
between the two (2) zonings, it would be the MF-18.
Vice -Chair Yates reviewed what votes needed to be taken on the revisions.
Commissioner Smith asked what vote would be considered by the Board of Directors.
Chairman Taylor noted that the Commission's original vote on the entire application
along with the vote on the revisions would be considered. There was a brief discussion
of this issue. Vice -Chair Yates made comments related to the issue. Commissioner
Laha commented that he would rather live near 0-3 zoning than MF-18 zoning.
There was a motion to approve the revised zoning of "Area 2" to 0-3. The motion
passed by a vote of 9 ayes, 1 nay and 1 absent.
There was a second motion to approve the additional restrictions/conditions as found in
the Spivey letter dated January 28, 2009. The motion passed by a vote of 9 ayes, 1 nay
and 1 absent.
ll
FILE NO.: Z-8165-A
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
Deltic Timber Corporation and Ager Shuffield
Joint Venture
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble
Beach Drive
68.93 Acres
Rezone from R-2 and MF-18 to OS, R-2,
MF-18, 0-3 and C-3
Future development
Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
FILE NO.: Z-8165-A (Cont.
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
2
E NO.: Z-8165-A (Cont.
Neighborhood Action Plan:
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, "R-2" Single Family District, "MF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 — R-2 to OS
( 1.57 Acres)
Area 2 — R-2 to MF-18
(20.30 Acres)
Area 3 — R-2 to 0-3
( 2.93 Acres)
Area 4 — R-2 to C-3
( 7.71 Acres)
Area 5 — MF-18 to C-3
( 3.02 Acres)
Area 6 — MF-18 to C-3
( 5.70 Acres)
Area 7 — M F-18 to R-2
( 0.03 Acre)
Area 8 — MF-18 to C-3
( 3.48 Acres)
Area 9 — MF-18 to 0-3
( 1.56 Acres)
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — MF-18 to R-2
( 1.62 Acres)
Area 13 — MF-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
3
FILE NO.: Z-8165-A (Cont.)
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
OS
— 8.0 Acres
v R-2
— 60.1 Acres
• MF-18 — 41.2 Acres
0-3
— 5.2 Acres
C-3
—19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
0
FILE NO.: Z-8165-A Cont.
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
0
FILE NO.: Z-8165-A Cont.
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION:
(OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
1. The proposed multifamily, office and commercial zoning will require site
plan review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses
for the proposed C-3 zoning. The applicant submitted a list of the uses to
be eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
9
FILE NO.: Z-8165-A (Cont.)
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
7
October 2, 2008
Planning Commission Minute Record
(8 pages)
FILE NO.: Z-8165A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF-18, 0-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North — Single family residences; zoned R-2
South — Single family residences; zoned R-2
East — Undeveloped property and single family residences; zoned R-2
West — Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
FILE NO.: Z-8165-A (Cont.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
0-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
E
FILE NO.: Z-8165-A Cont.
E
Bicycle Plan:
A Class I bike route is shown along Rahling Road, A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
Neighborhood Action Plan:
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek's Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods, River Mountain's Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from "R-2"
Single Family District and "MF-18" Multifamily District to "OS" Open Space
District, R-2 Single Family District, WF-18" Multifamily District, "O-Y
General Office District and "C-3" General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area
1 — R-2 to OS
( 1.57 Acres)
Area
2 — R-2 to MF-18
(20.30 Acres)
Area
3 — R-2 to 0-3
( 2.93 Acres)
Area
4 — R-2 to C-3
( 7.71 Acres)
Area
5 — MF-18 to C-3
( 3.02 Acres)
Area
6 — MF-18 to C-3
( 5.70 Acres)
Area
7 — MF-18 to R-2
( 0.03 Acre)
Area
8 — MF-18 to C-3
( 3.48 Acres)
Area
9 — MF-18 to 0-3
( 1.56 Acres)
3
FILE NO.: Z-8165-A (Cont.
Area 10 — R-2 to 0-3
( 0.68 Acre)
Area 11 — R-2 to MF-18
(13.91 Acres)
Area 12 — MF-18 to R-2
( 1.62 Acres)
Area 13 — MF-18 to OS
( 5.04 Acres)
Area 14 — R-2 to OS
( 1.38 Acres)
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
■ OS
— 8.0 Acres
■ R-2
— 60.1 Acres
• MF-18 — 41.2 Acres
■ 0-3
— 5.2 Acres
■ C-3
—19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City's Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently "stub out" at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
0
FILE NO.; Z-8165-A (Cont.
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, 0-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
5
FILE NO.: Z-8165-A Cont.
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
1. The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
9
FILE NO.: Z-8165-A (Cont.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition
zoning was not needed in the area.
Heath Harper also spoke in opposition
were in opposition.
He explained that additional multifamily
He recognized all persons present who
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice -Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
7
FILE NO.: Z-8165-A (Cunt.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
0
FILE NO.: Z-8165-A
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
STAFF ANALYSIS:
April 2, 2009
Planning Commission Minute Record
(4 pages)
Deltic Timber Corporation
Tim Daters, White-Daters and Associates
East side of Rahling Road, south of Pebble Beach
Drive
20.30 Acres
Rezone from R-2 to 0-3
(Revision to previously approved application)
Future development
Undeveloped
On October 2, 2008, the Planning Commission approved a rezoning application for
68.93 acres of property located along the east side of Rahling Road, south of Pebble
Beach Drive. The approved rezoning was from R-2 and MF-18 to OS,
R-2, MF-18, 0-3 and C-3. The proposed rezoning was divided into 14 areas, as
described in the attached October 2, 2008 Planning Commission minute record.
Prior to action on the application by the Board of Directors, the applicant revised the
application for 20.30 acres of the property, noted as "Area 2" in the attached minute
record and sketches. The Planning Commission approved this 20.30 acres for a
rezoning from "R-2" Single Family District to "MF-18" Multifamily District. The applicant
is now requesting a rezoning from "R-2" to "04' General Office District for the 20.30
acres labeled as "Area 2". The Board of Directors sent the revised application back to
the Planning Commission for reconsideration.
The revised application was placed on the February 5, 2009 Planning Commission
agenda. Prior to the meeting, the applicant made further revisions to the application by
proposing additional restrictions/conditions on the proposed rezonings. The
restrictions/conditions are outlined in a document submitted by the applicant dated
January 28, 2009.
FILE NO.: Z-8165-A (Cont.)
On February 5, 2009 the Planning Commission conducted a public hearing on the
revised application. On advice of the Deputy City Attorney present, the Commission
considered the entire application as a revised application. The Commission voted to
recommend denial of the revised application. A copy of the February 5, 2009 Planning
Commission minute record is attached for commission review.
The City Attorney's Office has since ruled that the February 5, 2009 Planning
Commission action was inappropriate. It is the City Attorney's opinion that only the
revisions to the previously approved application should have been considered and not
the entire application. Therefore, the revisions to the application are being brought back
to the Planning Commission for consideration as follows:
1. Proposed rezoning of "Area 2" (20.30 acres) to "O-Y instead of the previously
approved "MF-18".
2. Proposed additional restriction slconditions placed on the property as outlined in the
document from John William Spivey, III (Wright, Lindsey and Jennings, LLP) dated
January 28, 2009. Copy of document attached for Commission review.
All owners of property located within 200 feet of the overall property boundary (as per
abstract list provided by the applicant), all parties who submitted a letter or
e-mail to the original request (and provided a mailing address), all parties who attended
the October 2, 2008 Planning Commission hearing and filled out a card, and the Chenal
Ridge, Hillsborough and Village of Wellington Neighborhood Associations were notified
of the April 2, 2009 Planning Commission public hearing.
The revisions to the application do not change staffs previous recommendation of
denial. Staff did not support the proposed rezoning of "Area 2" to "MF-18". The revised
request to rezone "Area 2" to " 04' represents a more intense zoning for this 20.30
acres. Staff continues to believe that development of this area as something other than
its current zoning of single family residential would introduce a level of traffic, noise and
light which would be detrimental to the existing adjacent single family neighborhoods.
STAFF RECOMMENDATION;
Staff recommends denial of the requested revisions to the previously approved rezoning
application.
PLANNING COMMISSION ACTION: (APRIL 2, 2009)
Bill Spivey and Tim Daters were present, representing the application. There were
numerous objectors present. Staff presented the revisions to the previously approved
application with a recommendation of denial.
2
FILE NO.: Z-8165-A (Cont.)
Bill Spivey addressed the Commission in support of the application. He discussed the
reasons for requesting that "Area 2" be zoned to 0-3 rather than MF-18. He discussed
the additional revisions/conditions proposed for the overall property. He noted that the
additional restrictions/conditions were formulated while working with neighborhood
residents.
Dick Fletcher of the Chenal Ridge neighborhood also spoke in support. He explained
that he along with other residents worked with the applicant in drafting the additional
restrictions/conditions and change of "Area 2" to 0-3.
Anthony Fuhlgham, president of the Chenal Ridge Neighborhood Association, also
spoke in support of the application. He explained that his neighborhood association had
worked with the applicant with respect to the revisions in the application. He noted that
the amendments to the application were more restrictive than the original application.
Commissioner Rector explained that the Commission had already approved the
application and that only the revisions were being considered by the Commission at this
time.
Bill Corley, of the Villages of Wellington Neighborhood, spoke in opposition. He
expressed opposition to the revised zoning to 0-3. He noted support of the Planning
Staff's recommendation.
Jeff Cook also spoke in opposition. He expressed opposition to the 0-3 zoning and
explained.
Commissioner Nunnley asked Mr. Corley about comments he made regarding
multifamily zoning. Mr. Corley noted that he would rather see "Area 2" zoned MF-18
than O-3.
Ruth Bell spoke in opposition. She explained that there was no need for the additional
office zoning. She noted that the existing Land Use Plan should be supported.
Josh Bass, of the Pebble Beach Estates Neighborhood, also spoke in opposition. He
briefly discussed the revised application and noted support of staff's recommendation.
Casey Tucker, of the Villages of Wellington Neighborhood, also spoke in opposition.
She noted that she was not in support of any part of the application and explained.
Mr. Spivey noted that the reason for revising the application was based on input from
neighbors. He explained the additional restrictions proposed.
Commissioner Smith asked Mr. Spivey about future development of this property if the
rezoning was not approved. Mr. Spivey explained that if the rezoning were not
approval, the property would likely remain undeveloped, but noted that it was unclear.
Commissioner Rouse asked Ms. Tucker why she was opposed to the additional
restrictions/conditions. Ms. Tucker explained that although uses had been eliminated
3
FILE NO.: Z-8165-A (Cont.
for the 0-3 and C-3 areas, there were still uses which would be high traffic uses and
objectionable to the neighborhood.
Commissioner Rector asked what staff's recommendation was with respect to the
revisions. Tony Bozynski, Planning Director, indicated that if staff had to choose
between the two (2) zonings, it would be the MF-18.
Vice -Chair Yates reviewed what votes needed to be taken on the revisions.
Commissioner Smith asked what vote would be considered by the Board of Directors.
Chairman Taylor noted that the Commission's original vote on the entire application
along with the vote on the revisions would be considered. There was a brief discussion
of this issue. Vice -Chair Yates made comments related to the issue. Commissioner
Laha commented that he would rather live near 0-3 zoning than MF-18 zoning.
There was a motion to approve the revised zoning of "Area 2" to 0-3. The motion
passed by a vote of 9 ayes, 1 nay and 1 absent.
There was a second motion to approve the additional restrictions/conditions as found in
the Spivey letter dated January 28, 2009. The motion passed by a vote of 9 ayes, 1 nay
and 1 absent.
El