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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

January 24, 2005

 

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, Absent

Lynn Cowan, Absent                                              Jim Johnson, Present

Elder Greg Hargrave, Present                                  Ellis Piper, Absent

Gordon Millspaugh, Present                                    Bob Ware, Absent

 

STAFF PRESENT:

 

Robert R. Harkrader, Director of Planning & Economic Development

Kurt Pearson, Assistant Director of Planning Services

Haywood Cloud, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant                     

 

 

       ITEM NO. 1Chairman Byrd called the meeting to order at 7:00 p.m.

 

       ITEM NO. 2: Minutes of the meeting held November 22, 2004, could not be approved because there was not a quorum of extraterritorial Commission members present.

 

       ITEM NO. 3: Consent agenda:  (City)

 

(A)  Mr. Eric Morgan presented an application for preliminary plan approval of The Woods of Grove Park, Inc., located on South Mebane Street approximately 400 feet west of Alamance Road as shown on a plat by Morgan Surveying and Design dated September 28, 2004, and containing two lots.

 

(B)  Mr. Mark Reich, representing Windsor Investments, LLC, presented an application for final plat approval of Springwood at the Park, Phase 1 of Park Village.  The property is located on the northwest corner of the intersection of I-85/40 and Springwood Church Road as shown on a plat by Alley, Williams, Carmen and King, Inc., dated December 7, 2004, and containing 31 lots.

 

(C)  Mr. Mark Reich, representing Springwood Partners, LLC, presented an application for final plat approval of the redivision of Lot 3 of SSJ of Alamance #1, LLC, and right-of-way dedication for Springwood Village Drive.  The property is located on the northwest corner of the intersection of I-85/40 and Springwood Church Road as shown on a plat by Alley, Williams, Carmen and King, Inc., dated December 2, 2004, and containing three lots.

 

(D) Mr. Ben Whitt, representing Parkabella Limited, Inc., presented an application for final plat approval of the Parkabella Limited, Inc., Subdivision.  The property is located on Gilliam Road approximately 425 feet south of Park Road as shown on a plat by Landmark Surveying, Inc., dated October 6, 2004, and containing three lots.

 

Staff recommended approval of (A) and recommend approval of (B) and (C) contingent upon the developers posting proper surety with the City of Burlington for completion of street construction prior to recording the plats and contingent upon street plans and profiles, water and sewer plans and storm drainage plans being submitted to the City Engineering Department and approval of same by the City Engineering Department.  Staff also recommended approval of (D).

 

Commission Member Cobb made a motion to approve (A); to recommend approval of (B) and (C) with the contingencies outlined by staff; and to recommend approval of (D). Gordon Millspaugh seconded the motion. The Commission voted unanimously to approve (A); to recommend approval (B) and (C) contingent upon the developers posting proper surety with the City of Burlington for completion of street construction prior to recording the plats and contingent upon street plans and profiles, water and sewer plans and storm drainage plans being submitted to the City Engineering Department and approval of same by the City Engineering Department; and to recommend approval of (D).

 

       ITEM NO. 4: Mr. Dan Roach with Curry Brandaw Architects presented an application to rezone from B-2, General Business District, to CR, Conditional Residential District, to allow the development of a 115-suite residential retirement facility with no on-site continuing medical care.  The property is located on the north side of South Mebane Street approximately 455 feet west of Alamance Road as shown on Alamance County Tax Map 12, Block 14, Lot 145. 

 

       This was a City item.

 

       Mr. Roach distributed booklets outlining the development of the proposed Burlington retirement residence by the Holiday Retirement Corporation.

 

       He stated that the facility will cater to the lifestyle of residents with the average age of 80 years old and will provide housekeeping services, a beauty parlor, library and other amenities including van service.  He maintained that the site is ideally suited for seniors due to its close proximity to shopping, recreation and medical needs as well as being located adjacent to an established residential area.

 

       Mr. Roach noted that 58 percent of the site will be landscaped open space, and the ample setbacks will create a park-like setting for residents.  He concluded that the facility will have a low impact on traffic as well as City services.

 

       Planning Director Harkrader stated that the City had received a letter from the developer, Colson and Colson Construction Company, agreeing to dedicate the necessary right-of-way in order for the North Carolina Department of Transportation to widen South Mebane Street.  Mr. Harkrader stated that the City has asked NCDOT to include  the portion of South Mebane Street from Alamance Road to the I-85 Plaza in its first phase of widening South Mebane Street (NCDOT Project No. U.3303).

 

       Mr. Harkrader stated that this is a good project for the site and that staff recommended approval of the request for rezoning with the use and development conditions submitted on the rezoning application form and the letter from the developer.

 

       Commission Chairman Byrd asked if staff had received any calls regarding the rezoning request and was told that staff received one call inquiring about the rezoning.  Mr. Byrd asked if the facility will be limited to independent living and was told that it will offer independent living with no on-site continuing care of a medical nature.

 

       Commission Member Cobb asked if the units will be rental or for purchase and was told rental.  He inquired about the cost and was told that the rental fee will probably be approximately $1,500 per month, which will include transportation.  He asked if the facility will accept Medicaid or Medicare and was told that it would not.

 

       Mr. Cobb asked how would a unit differ from an apartment and was told that there will be no kitchens in the units – residents will go to the dining room for meals.

 

       Commission Member Johnson asked if there will be a nurse on site and was told that there would not be.

 

       Commission Member Burwell made a motion to recommend approval of the request for rezoning.  Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the following use and development conditions submitted by the petitioner:

 

Use Condition

 

Home for the Aged – The proposed use is a 115-suite residential retirement residence for seniors with no on-site continuing care of a medical nature.

 

Development Conditions

 

1.    The following lot area, width and building setbacks shall apply:

 

       Lot area: 4.4 acres

       Lot width: 217.72 feet

       Lot depth: 545 feet

 

       Building setbacks:

 

       East side yard: 64 feet

       West side yard: 28.5 feet

       Rear yard: 77 feet

       Front yard: 81 feet

 

2.    Building height shall be three stories -- approximately 34’ 6” to midpoint of roof.

 

3.    Parking shall consist of 69 total spaces consisting of 61 open, six covered and two handicap-accessible spaces.

 

4.    Additional information is contained within the planning request booklet submitted with the Conditional Zoning application.

 

5.    Developer shall dedicate right-of-way pursuant to the letter of January 13, 2005, for TIP Project Number U3303 (Mebane Street Widening).

 

       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. 5: Mr. Peter Barcus, representing Hospice of Alamance County, Inc., presented an application to rezone from R-9, Residential District, to O-I, Office-Institutional District, the property located at 1428 Collins Drive off Chapel Hill Road and being as shown on Alamance County Tax Map 110, Block 459, Lot 112.

 

       This was a City item.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that this would be a minor and appropriate extension of existing O-I zoning.

 

       Commission Member Millspaugh made a motion to recommend approval of the request for rezoning.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.

 

       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. 6: Mr. Lawson Brown, representing the East Burlington Church of God property, Harvest Hills Church, presented an application to rezone from R-15, Residential District, to CR, Conditional Residential District, to allow construction of 100 dwelling units for the elderly.  The property is located on Maple Avenue (North Carolina Highway 49 South) south of I-85/40 between Glendale Lane and Shamrock Drive as shown on Alamance County Tax Map 6, Block 4, a portion of Lot 30.

 

       This was a City item.

 

       Mr. Brown introduced Mr. Harvey Simmons with Simmons Construction, Inc., general contractor for the project, and Dr. Russell Morris, pastor of Harvest Hills Church. 

 

       Mr. Brown stated that the proposed retirement facility will share the same driveway as the church on Highway 49 and will be a part of the church’s ministry.  Twenty independent-living units will be built during the first phase and will be constructed to handicapped standards. The topography will require grading by City criteria, and landscaping will comply with the City’s Landscape Ordinance.

 

       Mr. Brown stated that the single-story facility for residents 60 years and older will have a common area in the center and will offer the highest and best use of the property.

 

       Commission Chairman Byrd asked if staff had received any telephone calls and was told only one inquiring about the rezoning sign on the property.

 

       Commission Member Johnson stated that one of the neighbors had called him asking if there would be a driveway on Shamrock Drive.

 

       Mr. Brown stated that restrictive covenants prevent access onto Shamrock Drive.

 

       Planning Director Harkrader stated that: (1) there was not an access drive on Shamrock Drive on the site plan presented to staff; and (2) restrictive covenants prevent there ever being an access drive.

 

       Mr. Brown pointed out that the North Carolina Department of Transportation would require a turn lane on Highway 49.

 

       Commission Member Hargrave commended the church on its ministry and stated that it was admirable for the church to become involved with the elderly and that the project presents great vision by its members.

 

       Commission Member Millspaugh asked if the units will be rental or purchase and was told rental.

 

       Commission Chairman Byrd inquired about the rental fee and was told approximately $600 per month.

 

       Mr. Greg Turner, a member of the church, stated that he had talked to Pastor Thompson (Howard Thompson, Burlington Assembly of God) concerning the facility and that the church hopes to keep the rental fee at $600 a month.

 

       Commission Member Hargrave stated that there was a need for such facilities; however, from experience, a church has to be very careful of whom it opens the facility up to. 

 

       Commission Chairman Byrd also commended the church on its vision.

 

       Staff recommended approval of the request for rezoning with the use and development conditions listed on Exhibit A submitted with the rezoning application form including the installation of turning lanes on Highway 49

 

       Commission Member Burwell made a motion to recommend approval of the request for rezoning. Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the following use and development conditions presented as Exhibit A by the petitioner:

 

1.    Simmons Construction, Inc., will build one hundred (100) units for elderly living on the land adjacent to Harvest Hills Church.  By providing a living community where the elderly can interact with one another and with the church, this project is the fruition of the church’s mission statement.  This development will provide a needed niche of elderly housing surrounding a church that ministers to their needs.

 

2.    Not only does the project provide for the needs of its future elderly residents, the site plan was drafted with neighboring landowners in mind as well.

 

       A.  The residential units will be rented and managed by the church.

 

       B.    To ensure that the units are occupied by elderly individuals for whom they were constructed, the units will be built five (5) phases of twenty (20) units.  Beginning with Phase A on land abutting Tax Parcel 6-4-38, Phases B through E will be constructed southeastward toward Shamrock Drive and Shamrock Golf Club.

 

       C.    To ensure privacy of the elderly residents and the neighboring residents as well, the units will be constructed to allow a 25-foot setback between the residential units for the elderly and the property line of any adjacent property owner.

 

3.    Regarding surface water from the project’s impervious surfaces, the project plans provide for any impervious surface runoff to be handled in strict accordance with local, state and federal law so as not to create a nuisance to any neighboring landowners.

 

4.    Regarding increased traffic, elderly residents are known to drive less than residents of younger ages, so there will be a less drastic increase in traffic on Highway 49 than constructed apartments accommodating any age group.  Automobile traffic in and out of the residential development will be via the existing church driveway on NC Highway 49.

 

5.    In order to accommodate the slightly increased amount of traffic, the site plan provides for turning lanes to be constructed on NC Highway 49.

 

6.    The single-family, single-story units are for the elderly, aged 60 or older.

 

7.    The driveway will be a minimum of twenty-five feet (25’) wide.

 

8.    The Special Use Permit previously granted by the City of Burlington Board of Adjustment for Harvest Hills Church will be amended to reflect the approval of the Conditional Residential zoning for the apartments for the elderly.

 

9.    The sign for the apartments for the elderly will be located on the existing stone walls at the church’s entrance on Highway 49, and the dimensions for the new sign will be thirty-six inches (36”) by eighty inches (80”).

 

10.  In short, the development is the highest and best use of the land.

 

       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. 7: Mr. Stephen K. Whitfield presented an application to rezone from R-9, Residential District, to O-I, Office-Institutional District, the property located on Alamance Road at the northeast corner of Trail Six as shown on Alamance County Tax Map 186, Block 749, Lot 20. 

 

       This was a City item.

 

       Mr. Whitfield distributed information showing the various zoning classifications in the area.

 

       He stated that he had been in the real estate business for 20 years, and that his agency had outgrown its current location.  The house currently on Lot 20 will afford him a down-home atmosphere and his desire to own and not rent.  As for the heavily traveled road, that will be a plus for his business and offer needed exposure.


 

 

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that the Comprehensive Land Use Plan supports Office-Institutional development on Alamance Road while protecting the adjacent established residential areas.  He pointed out that O-I zoning is compatible with residential property because there is generally little activity in the evenings. 

 

       Mr. Harkrader also stated that Alamance Road will eventually be widened to handle anticipated increased traffic, and the widening will be beneficial to O-I zoning.

 

       Commission Secretary Burwell asked if staff was comfortable with rezoning property to Office-Institutional from Church Street to Trail Five, and Mr. Harkrader stated the City feels that it is inevitable that most properties in that vicinity will be rezoned.

 

       Commission Member Cobb asked if that included all property between Church Street and Stearns Ford, and Mr. Harkrader responded that it did.

 

       Mr. Burwell commented that if this property is rezoned, the City must be prepared to go all the way with O-I zoning.

 

          Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.

 

       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. 8: Mr. Sebastian Lyall presented an application to rezone from R-9, Residential District, to O-I, Office-Institutional District, the property located at 422 Alamance Road at the northwest corner of Trail Five as shown on Alamance County Tax Map 186, Block 751, Lot 1.

 

       This was a City item.

 

       Mr. Lyall stated that his son has a general contractors license and hopes to put his office in the home currently located on Lot 1.

 

       Mr. Stephen Whitfield, 401 Alamance Road, stated that he was in favor of the rezoning.

      

       Staff recommended approval of the request for rezoning.  Mr. Harkrader stated that the reasons for a favorable recommendation are the same as those presented in Item Number 7.

 

       Commission Member Millspaugh made a motion to recommend approval of the request for rezoning.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.

 

       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.    


 

 

 

 

 

 

       There being no further business to discuss, the meeting was adjourned at 7:45 p.m.

 

 

 

 

 

 

                                                                             __________________________

                                                                             George A. Byrd, Jr., Chairman

 

 

 

 

                                                                             __________________________

                                                                             James M. Burwell, Secretary