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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

August 23, 2004

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                                                    EXTRATERRITORIAL MEMBERS:

 

George Byrd, Chairman, Present                        Bud Apple, Present

Jim Burwell, Secretary, Present                        John Enoch, Absent

Paul Cobb, Present                        Richard Franks, Present

Lynn Cowan, Present                        Jim Johnson, Present

Elder Greg Hargrave, Present                        Ellis Piper, Absent

Gordon Millspaugh, Present                        Bob Ware, Present

 

STAFF PRESENT:

 

Kurt Pearson, Planner II

Haywood Cloud, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant

 

 

         ITEM NO. 1Chairman Byrd called the meeting to order at 7:00 p.m. and announced that Items 5, 6 and 7 had been withdrawn by the applicants.

 

         ITEM NO. 2: Minutes of the meeting held July 26, 2004, were unanimously approved.  This was a City and extraterritorial item.

 

         ITEM NO. 3: Consent agenda:  (City)

 

(A)    Mr. Franz Holt, representing Wakefield Development Company, presented an application for preliminary plan approval of Section K of the Mackintosh on the Lake Subdivision.  The property is located south of Interstate 85/40 and west of St. Mark’s Church Road as shown on plans by Alley, Williams, Carmen and King, Inc., dated July 6, 2004, and containing 199 lots. (Note:  Agenda stated that there were 96 lots on the plat; Zoning/Subdivision Administrator Cloud stated that it should be 199 lots.)

 

(B)    Mr. Arthur Hall, representing H & W Builders, Inc., presented an application for final plat approval of Phase One, Section One, of the Long Meadows Subdivision.  The property is located on Hallie Long Lane approximately 190 feet southeast of its intersection with Christopher Drive as shown on a plat by Boswell Surveyors, Inc., dated June 7, 2004, and containing 26 lots.

 

         Referring to (A), Commission Member Cowan asked if traffic studies had been conducted in the area.  Mr. Holt stated that during the rezoning process, an extensive traffic study had been made and findings had been presented to staff and the Commission.  It was noted that Commission Member Cowan had been appointed to the Commission after the rezoning was approved.

 

        

 

 

         Staff recommended approval of (A) and (B).

 

         Commission Member Cobb made a motion to approve (A) and recommended approval of (B).  Jim Burwell seconded the motion.  The Commission voted unanimously to approve (A) and recommend approval of (B).

 

         Consent agenda:  (Extraterritorial)

 

(C)    Ms. Trista Munson, representing Fleming Engineering, Inc., presented an application for final plat approval of the Woodberry Park II Subdivision.  The property is located on Crouse Lane south of Longpine Road and east of Kirkpatrick Road as shown on a plat by Fleming Engineering, Inc., dated August 8, 2004, and containing 26 lots.

 

         Staff recommended approval of (C).

 

         Commission Member Apple made a motion to recommend approval of (C).  Richard Franks seconded the motion.  The Commission voted unanimously to recommend approval of (C).

 

         ITEM NO. 4: Mr. Paul E. Carter was scheduled to present an application to rezone from R-6, Residential District, to R-M, Residential-Mobile Home District, the property located on Pinecroft Drive south of St. Regis Drive as shown on Alamance County Tax Map 12-30, Lot 37. 

 

         This was an extraterritorial item.

 

         Mr. Carter was not present.  Commission Member Cobb made a motion to table the item until the end of the meeting.  Jim Burwell seconded the motion.  The Commission voted unanimously to table the item until the end of the meeting.

 

         At the end of the meeting, Mr. Carter had not arrived.  Commission Member Cobb made a motion to table the item until the September meeting.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to table the item until the September Planning and Zoning Commission meeting.

 

         ITEM NO. 5:   Mr. George A. Hardie was scheduled to present an application to rezone from R-9, Residential District, to B-2, General Business District, the property located on Chapel Hill Road southeast of Haynes Avenue as shown on Alamance County Tax Map 12-7, Lot 57.

 

         This item was withdrawn by the petitioner prior to the meeting.

 

         ITEM NO. 6: Mr. Joey L. Cook was scheduled to present an application to rezone from R-9, Residential District, to B-2, General Business District, the property located at the southeast corner of Chapel Hill Road and Haynes Avenue as shown on Alamance County Tax Map 12-7, Lot 58. 

 

         This item was withdrawn by the petitioner prior to the meeting.

 

         ITEM NO. 7Mr. Charles E. Lashley was scheduled to present an application to rezone from R-9, Residential District, to B-2, General Business District, the property located on Chapel Hill Road west of Haynes Avenue and being as shown on Alamance County Tax Map 12-7, Lots 38, 59, 60, 61 and 62A.

 

         This item was withdrawn by the petitioner prior to the meeting.


 

         ITEM NO. 8: Mr. Tim Collins, representing Ms. Ila Mae Hudson, presented an application to rezone from B-2, General Business District, to CB, Conditional Business District, to allow the development of a Unified Business Development, Savannah West Shopping Center.  The property is located at 1143, 1155 and 1163 St. Mark’s Church Road as shown on Alamance County Tax Map 3-26A, Lots 3, 52 and 4A.

 

         This was an extraterritorial item.

 

         Commission Member Cobb asked that he be allowed to abstain from voting due to a conflict of interest.  Commission Member Franks made a motion to allow Mr. Cobb to abstain from voting.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to allow Mr. Cobb to abstain from voting.

 

         Mr. Collins informed the Commission that City Council had approved the rezoning of the property to B-2 a few weeks ago.  Mr. Collins stated that since then, the developers requested to amend the application to rezone to Conditional Business to permit all uses allowed in a Unified Business Development and to approve the project according to the submitted site plan and development standards.

 

         Commission Member Ware asked if there were any plans to widen and improve the road.  He stated that it is almost impossible to get onto the road because of traffic.  He also asked if the only entrance/exit to the development would be on St. Mark’s Church Road.

 

         Mr. Collins stated that there would be only one entrance and that would be on St. Mark’s Church Road.

 

         Commission Member Cowan asked if there were any site plans for the Commission to view.  Staff distributed site plans of the proposed development.

 

         Commission Member Franks asked if the entrance would be shared with Overman’s across the road and was told that it would be.

 

         Commission Secretary Burwell asked how many businesses would the development accommodate.

 

         Mr. Collins stated that the 41,000 square foot development would accommodate 20 to 30 businesses depending upon the size of each business.

 

         Mr. Burwell asked if the state doesn’t have guidelines for egress/ingress.

 

         City Planner Kurt Pearson stated that the state would have the final say as to curb cuts and the entrance location; however, the state had not formally looked at the proposed development yet.  He explained that the state would become involved when the application goes before the City’s Technical Review Committee.

 

         Commission Member Cowan asked if the application would come back to the Planning and Zoning Commission after review by the TRC and the state and was told that it would not.  Mr. Pearson explained that the state will review the plans along with City staff during the Technical Review process.

 

         Commission Member Franks asked where is the proposed entrance in comparison to the entrance to the credit union.  Mr. Collins stated that the entrance to the credit union would be on Garden Road.  Mr. Franks asked if there had been any thought given to putting the entrance across from the other proposed shopping center and installing a traffic light.

 

         Mr. Collins stated that it would be too close to Church Street.

 

        

 

 

         Commission Member Millspaugh pointed out that it would be better to stagger the entrances rather than creating a traffic situation so close to Church Street.

 

         Commission Chairman Byrd inquired about the hours of the Unified Business Development.  Mr. Collins stated that the businesses will close at 9:00 p.m. and pointed out that there is no longer residential property in the block.

 

         Commission Secretary Burwell stated that this is a good site for the development other than the traffic situation and recommended that the developers and staff talk to DOT about a traffic light and to get DOT involved in the planning process before getting too far along with the development.

 

         Mr. Collins reiterated that there will be only one egress/ingress and the proposed entrances as shown would be the only place to put it.  He stated that it would be worse on the south end, and the farther away from South Church Street, the better.  He maintained that having the entrance directly across from the entrance to Overman’s across the street will be better.

 

         City Planner Pearson pointed out that there will be only one curb cut for the development according to the site plan, but that there could be up to three if the properties were developed separately.

 

         Commission Member Millspaugh asked if landscaping meets all new requirements of the Western Loop Overlay District. 

 

         Mr. Pearson explained that the development is not considered a part of the Western Loop Overlay District and that the developers must abide by current landscaping requirements.  He stated that the Technical Review Committee would study the landscaping.

 

         Commission Member Franks asked when will the bell ring in the tower and how tall will it be.

 

         Mr. Collins stated that it would be clock tower approximately 70 feet tall.

 

         Mr. Franks commented that the developers should consider leasing space on the tower to phone companies for telecommunication access.

 

         Commission Member Cowan asked if the tower would create a problem due to its height.

 

         Mr. Pearson stated that it would not create a problem and would not have to adhere to the City’s Sign Ordinance since the specific signs would be approved through the Conditional zoning and its related development proposal.

 

         Commission Chairman Byrd asked if staff had received many calls about the proposed development and was told that it had received none.

 

         Mr. Pearson stated that staff recommended approval of the amended request for rezoning from B-2 to CB to allow all uses permitted in a Unified Business Development with the following Use Conditions and Development Conditions listed on the rezoning application form presented by the petitioner:

 

Use Conditions

 

1.      Uses of the property shall be limited to those currently permitted in a Unified Business Development.


 

 

 

Development Conditions

 

1.   Development of the property shall occur in accordance with standards and requirements specified in the City of Burlington Zoning Ordinance for Unified Business Developments as shown on the site plan as submitted.

 

2.      A 20-foot by 20-foot by 70-foot clock tower shall be located 50 feet off the property line in the center of the development.

 

3.      Twenty-seven tenant signs on the clock tower will be located on the north and south sides, and each sign will measure 18 inches by five feet as per sign package as submitted with the rezoning application form.

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning with the use and development conditions submitted by the petitioner as amended.  Richard Franks seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the use and development conditions as amended and submitted by the petitioner.

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         ITEM NO. 9: Staff presented an application to change the name of the 300 block of Dillard Circle to Summerville Place.

 

         This was a City item.

 

         Ms. Debra Bowden stated that the problem with the street was realized when property was put on the market for sale and no one could find the property because it appears that Dillard Circle ends at the circle.  She explained that there are no street signs indicating that Dillard Circle continues.

 

         Ms. Bowden made a correction on the agenda and stated that residents request that the street be named Summersville Place with an “s.”

 

         Commission Chairman Byrd asked if the application should be re-submitted with the corrected spelling. Planner Pearson stated that the Commission could consider the amended request. 

 

         Commission Member Burwell asked if all eight of the property owners on the street had signed the petition.

 

         Mr. Pearson explained that staff had received a petition signed by all property owners in the 300 block except one and that one property owner lives in Elgin, South Carolina.  He also stated that he had been in contact with Mr. Ricky Hall with the Alamance County Central Communications Office who stated that the new street name would potentially clear up current problems.

 

         Commission Member Hargrave asked if new street signs would be placed at both ends of the street and was told that they would be.

 

        

 

 

 

 

 

         Commission Member Millspaugh made a motion to recommend approval of changing the 300 block of Dillard Circle to Summersville Place. Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of changing the 300 block of Dillard Circle to Summersville Place. 

 

 

         There being no further business to discuss, the meeting was adjourned at 7:32 p.m.

 

 

 

 

 

                  _____________________________________

                                     George A. Byrd, Jr., Chairman

 

 

 

 

 

                  _____________________________________

                                     James M. Burwell, Secretary