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HomeMy WebLinkAboutZ-8165-A-2 Staff AnalysisZ-6149-G Address: the northeast corner of Napa Valley Drive and Rainwood Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning from R-2 Single Family District to 0-2 Office and Institutional District. A Land Use Plan Amendment from Public Institutional to Office is a separate item on this agenda. Master Street Plan: Napa Valley Road is shown as a Minor Arterial on the Plan. 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 Napa Valley since it is a Minor Arterial. Rainwood Drive is shown as a Collector. 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: There are no bike routes in the immediate vicinity. NEIGHBORHOOD ACTION PLAN - This area is covered by the Rock Creek Neighborhood Action Plan. The Residential Development goals states: Encourage vigorous enforcement of landscaping ordinance. This goal is important for this development because of it's close proximity to the Rainwood neighborhood. Z-8157-D Address: block 35, Industrial Park Addition, bounded by Conner, Crosby, East 9th and East 1 oth Streets This request is located in the East Little Rock Planning District. The Land Use Plan shows Single Family with a special designation to allow conversions to industrial in larger (by block) changes for this property. The applicant has applied for a rezoning from R-3 and R-4 to 1-2 Light Industrial. The request does not require a change to the Land Use Plan. Master Street Plan: East 9th Street, East 1 oth Street Conner Street and Crosby Street are all shown as Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non- residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. BICYCLE PLAN: There are no bike routes in this immediate vicinity. NEIGHBORHOOD ACTION PLAN: This area is not covered by a City of Little Rock Neighborhood Plan, Z-8165-A Address: the east side of Rahling Road, south of Pebble Beach Planning Division: 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 R-6 to OS, 0-3, MF-6, 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. 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. Z-8364 Address: 10914/10916 Kanis Road Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from 0-3 General Office District to C-3 General Commercial District. The request does not require a change to the Land Use Plan. Master Street Plan: Kanis 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 Kanis since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes in this immediate vicinity. NEIGHBORHOOD ACTION PLAN: This area is covered by the Walnut Valley/Birchwood Neighborhood Action Plan. The Community Redevelopment (Land Use) goal states: Maintain and reinvigorate existing retail areas to provide active retail for local residents. 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 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. aster 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. E FILE 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 — 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 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: o 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 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 5 2- 3wl 12- iF C-ro c-o 3 3 0-3 �. ,�.r-(, �--.®-3 3� F -- 2 77. j2 - 4- 2-- 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. 0 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 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: m 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 n 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 101 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. December 18, 2008 ITEM NO.: H.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 "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. STAFF ANALYSIS: Staff recommends denial of the requested revised rezoning to 0-3. 2 October 2, 2008 7 �0 �.e s v 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, "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 11 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 C 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. 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. 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-816 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 Arteria_I. 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. FILE NO.: Z-8165-A 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 — MF-18 to R-2 ( 0.03 Acre) Area 8 — MF-18 to C-3 ( 3.48 Acres) Area 9 — M F-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 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 Ce October 2, 2008 M NO: A.1 (Con 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. December 18, 2008 ITEM NO.: HA 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. STAFF ANALYSIS: Staff recommends denial of the requested revised rezoning to 0-3. I•. October2, 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. 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. PAI 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, "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 — M F-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 rd 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. X, 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: 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 Can October 2, 2008 liraT10IA WEAN NE974 211 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. SH NUTS] S1110:1611 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 "0-3" represents a more intense February 5, 2009 SUBDIVISION ITEM NO: FA (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 f �_- log ^-,I ki 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 Rahiing 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, "0-3" General Office District and "C-Y 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 EM 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 51 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: 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 N 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.