Welcome, everybody. We'd like to get started if we could. Hello? There's always somebody. Once again, welcome. This is a zone change hearing, MAR19403. And the first order of business would be to have the clerk to call the roll, please. Mr. Ellinger? Yes, ma'am. Ms. Evans? Here. Mr. Farmer? Here. Mr. Gibbs? Here. Vice Mayor Kaye? Here. Ms. Lamb? Here. Mr. McKern? Yes, ma'am. Mr. Maloney? Here. Ms. Massotti? Here. Ms. Plowman? Here. Ms. Reynolds? Here. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Here. Mr. Fred Brown? Here. Mr. James Brown? Here. Thank you. And now if we could have a second reading of the ordinance. An ordinance changing the zone from a community center CC zone to an expansion area residential EAR2 zone for 16.53 net 17.14 gross acres and to an expansion area residential EAR3 zone for 8.09 net and gross acres for property located at 6600 Manowar Boulevard, a portion of. Thank you. Next order of business would be to swear in anybody who believes they will or might be testifying. Okay. I'll read the oath and then you'll say I do if you agree. Do you swear or affirm that any testimony you give at this hearing will be true to the best of your knowledge? I do. Thank you. And I need to do a few preliminary things before we actually get started. I can go through these very quickly. Anybody who wishes to speak will need to identify themselves by name and address for the record. The order of proceedings will get a presentation from the planning staff, an opportunity for a petitioner to speak, an opportunity for the opponents to speak, an opportunity for cross examination of anybody who's spoken. And finally, staff will have an opportunity to add additional comments and an opportunity for petitioners to present rebuttal evidence and the opponents to do the same and an opportunity for a closing summation. At that point, council will ask questions or of anybody who's spoken. And once that's done, I'll declare the hearing closed. And once it's closed, there'll be no further evidence offered or taken. And council will proceed to discuss the issue and then take a vote on any proposals. I think that's all I need to lay out at this point. Unless there are any questions or comments, we'll proceed and ask staff to present the information. Thank you. Vice Mayor Kaye, members of the council, good evening. My name is Tracy Wade, and I'm the planning services manager in the division of planning for the city. I'm happy to be here tonight to present a zone change for a property located at 6600 Man of War Boulevard. And I understand that there really aren't any objectors in the audience tonight, so I will proceed with an abbreviated presentation. That would be acceptable. Is that okay? If there are objectors at any point, we'll give them a chance to speak. But if you could do an abbreviated version, that would be great. Okay. But the first thing I need to do this afternoon or this evening is to enter into the record several items. The first is a copy of the legal advertisement for the meeting tonight. The second is an affidavit where I'm swearing that the required notice was sent to the adjoining 500-foot property owners as well as four neighborhood associations related to tonight's public hearing. The next item, which you also have at your seat, is a copy of the final report that was sent to you based on the Planning Commission's actions. Next is the 1996 expansionary master plan, which is an adopted element of our comprehensive plan. The 2013 comprehensive plan. The 2018 goals and objectives, which were adopted by the Urban County Council. A copy of the current zoning ordinance and land subdivision regulations. Please enter those. A copy of the staff presentation, which you also have at your seats. And then lastly, a group of e-mails that were received since the Planning Commission's action but prior to tonight's hearing. Circulate those if you're interested. In terms of orientation to the property, we'll get started here. This request tonight is to rezone approximately 25 acres of property from a CC zone, which is our community center zone. And they're requesting two different zones. One, an expansionary or residential 2 zone, and then also an expansionary or residential 3 zone. The difference between those two zones really has to do with the allowable density. An EAR 2 zone allows between 3 and 6 dwelling units per acre. And then the EAR 3 goes above the 6 units per acre. This request was an amended application, and they are actually leaving approximately 2 acres of the current tract in the CC zone. The subject property is located on the southeast side of Man o' War Boulevard. Between the interstate, I-75 and 64 is to the southwest of the subject property. And then Winchester Road runs to the northeast of the subject property. And this is Man o' War Boulevard cutting through our diagram. And the whole tract shown here is currently zoned in our CC zone. But they are proposing, again, to keep about 2 to 3 acres and rezone the rest 25 acres into the two split zones. And this is a diagram showing how the zoning would appear if approved by the council. Keeping CC zoning along Man o' War Boulevard, which is the equivalent of a neighborhood business zone in the expansion area. And then dividing the rest of the tract between expansion area 2, the lower density of the 2, and expansion area 3 residential. The petitioner is proposing to rezone the property in order to construct an apartment complex development comprised of 10 3- and 4-story apartment buildings. With an average residential density of 12.84 units per gross acre. That includes 324 dwelling units. With the area remaining in a CC zone, shown here, there is also a proposal to build a 3-story mixed-use building. With 16 dwelling units on the 2nd and 3rd floor. And on the 1st floor, non-residential space. Could be retail, restaurants, etc. for 11,000 square feet. The subject property is located in our expansion area. And was brought into the expansion area and the urban service boundary in 1996. This is part of expansion area 2A. And these are just some views of the subject property from the ground. The top view is looking at the subject property. And then opposite on Man o' War Boulevard, this is again towards I-75. And then to the right towards Winchester Road. And a picture of the EAR3 zoning across from the subject property. The proposal for this development I mentioned includes multifamily. They are proposing an access point on Man o' War Boulevard, which would be their primary access. And then there are two options for secondary access. One here and one here. Is the lower and that would be the preferred access. This is a very short stub street into an adjoining property. So they would need to work with the adjoining property to make that work. If that doesn't work, the secondary access would need to come off of this adjacent stub street on Constantine Avenue. The expansion area master plan I mentioned was adopted in 1996. And there have been several changes since the adopted master plan in this immediate area. And those are the changes that really constitute the necessary findings for the zone change. First, in 1996, this portion of the expansion area was rezoned to CC land in agreement with the expansion area master plan. But in 2010, there was a swap of zoning on the other side of, well, this is our subject property in this area. Caddy Corner, really, from the subject property that swapped the CC zone adjacent to the interstate. And that's where Costco was built. And then later there was another change that resulted in an expansion of the CC zoning along the interstate. And that allowed for the Cabela's to be built. And then the third change was an expansion of CC zoning to the northeast of the subject property on the justice property. And so this swap, shifting the CC closer to the interstate in two pieces, and then also this zone change in 2017, really together constituted a change in the immediate area that needed to be considered by the planning commission and then ultimately the council in terms of a zone change. In addition, the staff found that the proposed, with this change, CC zoned acres now was very close to what was recommended in the expansion area master plan originally, although in different locations the acreage is very similar. The staff found that, first, the request was not in agreement with the expansion area master plan's land use element because originally it was proposed for CC, which is the current zone, but there has been a social, economic, physical change within the immediate area. And that is those three zone changes and the subsequent development that occurred because of those zone changes. Third, the proposal does agree with several of the goals and objectives of the 2018 comprehensive plan. And those were expanding housing choices, which was in Theme A, Goal 1, and providing for mixed use and housing near employment and commercial centers. Also, the rezoning encouraged compact, contiguous, and mixed use sustainable development in this portion of the urban service boundary under Theme E. And then lastly, the proposal and corollary development plan did strive for positive and safe social interactions by providing multi-modal access via sidewalks to the adjoining neighborhoods. And so the staff made that recommendation of approval to the planning commission on August 22nd. And it came with an associated development plan, which most often occurs. So this development plan depicts the 10 multifamily structures proposed, and they're shown in yellow. And then the gray depicts the parking areas between the buildings. This is a clubhouse proposed and pool area. And the site along Man O' War Boulevard depicts the multi-use building in kind of a highlighted hot pink color. So again, that area is not being rezoned. Just the area is depicted here in the green and the yellow. And that's the current aerial photograph of the subject site. As you can see, there is a multifamily residential development to the, I guess, west of the subject site, and then single-family residential to the east. This property line is the center of a greenway. So there is a significant buffer between the developable area on the site and where existing single-family homes are. There was also a traffic impact study proposed or required with this zone change because of the density change. And there were several recommendations and findings from that. The recommendations were to provide half-section improvements along Man O' War Boulevard for road-widening turn lanes and sidewalks, and to ensure that those turn lanes, sidewalks, et cetera, met the needs of this community going forward. So they needed to be to the approval of both our internal divisions and the pedestrian planner as well as the state. Again, that's the development plan. And I mentioned the planning commission held their hearing August 22nd. There was significant opposition to the proposed rezoning. The planning commission heard from over a dozen neighbors that were concerned about the request to rezone from the CC to the EAR zones. And there's sort of a summary there of some of the concerns. And at the end of the day, the planning commission did recommend approval, and they voted 7-2 to forward that recommendation to the council with the findings that the staff proposed that day. So those same findings. I'd be happy to answer any questions. Thank you. That will allow us to move to the petitioner's presentation. Mr. Nicholson. Good evening, and thank you all. For the record, my name is Nick Nicholson. I'm here on behalf of Ball Homes, the applicant. For the record, I have an affidavit confirming that notice signs were posted in conformance with the zoning ordinance and also a copy of the presentation that I previously submitted electronically. I'm quite happy to be able to say that I can stand here not only in complete agreement with the staff's presentation, but also here with Mike Adkins with the Blackbird Oaks Homeowners Association. We were able to come to an agreement where they would support this application. Part of that is including a conditional zoning restriction that will be proposed tonight where we will install additional buffer in the area that Ms. Wade had kind of pointed out that was on the neighborhood side of the buffer. So with that, I'd like to introduce Mike Adkins. I'm happy to answer any questions that you all may have, but if not, Mike Adkins with the Blackbird Oaks Homeowners Association. Okay. Thank you. You don't need to speak. If you wish to speak, we'd be happy to hear you. I'm Mike Adkins. I'm the property manager for the Blackbird Oaks Property Association. The board of directors for the Blackbird Oaks, the leaders of Blackbird Oaks, they want to drop their opposition to Ball getting the rezoning and putting in the apartments based on the agreement that was reached recently between the association and Ball Homes. Any questions for me? Everybody got the handout, I assume, knows what the agreement is? Okay. Thank you. I'll hold questions just for a minute. Okay. Is there anyone here to speak in opposition? Seeing none, do council members have any questions of petitioner or staff? Seeing none, I will declare this hearing closed. And council members, if you have any comments at this point or if you have a motion to make, we'd be happy to have it. Council Member Plowman. Thank you, Vice Mayor. I move to adopt the following findings of fact and add the following conditional zoning restrictions to PLN-MAR-19-00003, Ball Homes, Incorporated, AMD, for property located at 6600 Man o' War Boulevard. Pursuant to the provisions of Article 6-7 of the zoning ordinance, the following conditional zoning restrictions are necessary in order to minimize the impacts of the new development on the adjacent existing residential subdivisions. Number one, the developer shall install a staggered row of white pine evergreen trees behind the homes on Mahala Lane on the property currently owned by Ball Homes, approximately as shown on the tree planting plan prepared by the landscape architect for Ball Homes. The trees will be planted on the neighborhood side of the greenway to provide additional screening to the buffer approved by the Planning Commission. So moved. Second. I have a motion and a second. Is there any discussion on the motion? Seeing none, Madam Clerk, please call the roll. Mr. Ellinger? Yes, ma'am. Ms. Evans? Yes. Mr. Farmer? Yes. Mr. Gibbs? Yes. Vice Mayor Kaye? Yes. Ms. Lamb? Yes, ma'am. Mr. McKern? Yes, ma'am. Mr. Maloney? Here. Ms. Massati? Yes. Ms. Plowman? Yes. Ms. Connolly? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Thank you. Thank you. That vote reflects passage of the motion. Council Member Plowman? I move to give a new first reading to PLN-MAR-19-00003, Ball Homes, Incorporated, AMD, as amended, with the conditional zoning restrictions, and adopt the recommendations of the Planning Commission for approval of a zone map amendment from a community center CC zone to an expansion area residential EAR2 zone for 16.53 net, 17.14 gross acres, and to an expansion area residential EAR3 zone for 8.09 net and gross acres for property located at 6600 Man O' War Boulevard, a portion of. So moved. Second. I have a motion and a second. Is there a discussion on the motion? Seeing none, Madam Clerk, please call the roll. We have a first reading. I thought there was a motion to have a first. All right. She needs to read it. It was a new first reading. Thank you. Madam Clerk, if you would, a new first reading. An ordinance changing the zone from a community center CC zone to an expansion area residential EAR2 zone for 16.53 net, 17.14 gross acres, and to an expansion area residential EAR3 zone for 8.09 net and gross acres for property located at 6600 Man O' War Boulevard, a portion of as amended. Thank you. Now is there a motion to suspend the rules and give second reading? I move to suspend the rules and give second reading to PLN-MAR-19-00003 Ball Homes Incorporated MAD as amended. So moved. I have a motion and a second to suspend the rules. Any discussion? Seeing none, Madam Clerk, please call the roll. Okay. I've been advised we don't need to call the roll for that. We can take a voice vote. All those in favor, please say aye. Aye. Any opposed? The motion carries in that case. Please give us second reading. An ordinance changing the zone from a community center CC zone to an expansion area residential EAR2 zone for 16.53 net, 17.14 gross acres, and to an expansion area residential EAR3 zone for 8.09 net and gross acres for property located at 6600 Man O' War Boulevard, a portion of as amended. Thank you. Is there a motion to approve? So moved. Second. Motion to second. Any discussion? Seeing none, Madam Clerk, please call the roll. Mr. Ellinger? Yes, ma'am. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Vice Mayor Kaye? Yes. Ms. Lamb? Yes, ma'am. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massotti? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. Steeve? Steve, I have to move. I'm sorry. Council Member Plowman? I would like to move for the vote on the ordinance as amended. So moved. We just did that, didn't we? We just did that. I hid that from the law. I thought I was supposed to do that. Somebody else can do it, but you're good. Never mind. There's no further business. I'll entertain a motion to adjourn. So moved. Second. Motion to adjourn. Second. Motion to adjourn.  Did I get that right? Yes, sir. Next we have the motion to adjourn on the ordinance. Go ahead. Motion to adjourn. Second. Motion to adjourn. Second. Motion to adjourn. Second. Motion to adjourn. Second. Motion to adjourn. Second. Motion to adjourn.