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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

April 25, 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, Present

Lynn Cowan, Present                                   Jim Johnson, Present

Elder Greg Hargrave, Present                       Ellis Piper, Absent

Gordon Millspaugh, Present                          Bob Ware, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Director of Planning and Community 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 March 28, 2005, were unanimously approved.  This was a City and extraterritorial item. 

 

       ITEM NO. 3: Consent agenda:  (City)

 

(A)   Mr. Michael M. Hughes, representing WMW Development, LLC, presented an application for final plat approval of Phase 1, Waterford Subdivision, formerly known as Lake McEwen.  The property is located on the west side of University Drive (Western Loop) approximately 1,500 feet south of South Church Street (US Highway 70) as shown on plans by Michael M. Hughes, P.E., Inc., dated March 30, 2005, and containing 71 lots.

 

(B)   Mr. Lane Sarver, representing Mr. Kenneth J. Carden, presented an application for final plat approval of the CAC of Alamance County No. 2 Subdivision.  The property is located on the east side of Hyde Street approximately 280 feet northeast of Oakcrest Court as shown on plans by Abbotts Creek Surveying, Inc., dated February 4, 2005, and containing two lots.

 

       Regarding (A), Commission Member Ware asked why the plat shows 74 lots instead of 71 as stated on the agenda.

 

       Planning Director Harkrader stated that originally there had been 74 lots and  Lots 3, 4 and 5 had been combined into one lot.

 

       Commission Member Cobb asked if potentially could Lots 3, 4 and 5 be subdivided and was told that they could be.

 

       Staff recommended approval of (A) contingent upon the developers posting proper surety with the City of Burlington for completion of street construction prior to recording the plat 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 (B).

 

       Commission Member Cobb made a motion to recommend approval of (A) with the contingency outlined by staff and recommended approval of (B).  Gordon Millspaugh seconded the motion.  The Commission unanimously recommended approval of (A) contingent upon the developers posting proper surety with the City of Burlington for completion of street construction prior to recording the plat 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. The Commission unanimously recommended approval of (B).

 

       (Extraterritorial)

 

(C)   ­­­­­­­Mr. Todd Lambert, representing L. B. McCauley and Associates, Inc., presented an application for preliminary plan approval of the Morgan Glen Subdivision.  The property is located on the east side of Burch Bridge Road approximately 850 feet southwest of the intersection of Burch Bridge Road and Old Glencoe Road as shown on plans by Simmons Engineering and Surveying, Inc., dated April 5, 2005, and containing nine lots.

 

       Commission Member Johnson asked the applicant what type of structures are planned for the lots.  Mr. McCauley stated that he planned to construct single-family site-built homes on the lots.

 

       Staff recommended approval of (C).

 

       Commission Member Franks made a motion to approve (C). Jim Johnson seconded the motion.  The Commission unanimously approved (C).

 

       The Commission found that the plat as presented met all requirements of the Subdivision Regulations.

 

       ITEM NO. 4:  Jane and Michael Greene presented an application to rezone from R-6, Residential District, to CI, Conditional Industrial District, the property located on the west side of Lakeview Avenue approximately 250 feet south of Radiance Drive and being as shown on Alamance County Tax Map 12, Block 24, Lot 22.  The purpose of the rezoning is to allow a woodworking shop.

 

       This was a City item.

 

       Mr. Greene stated that he once used the structure as a warehouse where he stored machine shop equipment and for a year he had been trying to find someone to purchase the property.  He explained that he wanted the use to be something that would not disturb the neighborhood and make a lot of noise. 

 

       Mr. Greene stated that the structure was built in 1969 by Mr. Warren for a woodworking shop and Mr. Warren later had a carpet store there.  Mr. Greene said that he had purchased the shop from Mr. Warren’s widow.  Mr. Wayne Allred plans to purchase the property, and he and his two sons will operate a woodworking shop where they will construct cabinet frames for new homes.  Mr. Greene explained that there will be no construction outside the building, and an air compressor will be housed inside.  He pointed out that he had contacted all adjoining neighbors concerning his plans and that he received no negative reactions from any of them.  He stated that all neighbors had signed a petition approving the rezoning request, and that a copy of the petition along with photographs of the structure were enclosed in           Commission members’ agenda packets.

 

       Commission Chairman Byrd asked staff if the department received any telephone calls concerning the rezoning sign placed on the property and was told that no calls were received.

 

       Commission Member Cowan asked if there would be any change in outdoor lighting and was told that there would not be.

      

       Staff recommended approval of the request for rezoning with the use and development conditions submitted by the petitioners.  Planning Director Harkrader stated that Mr. Greene had received favorable comments from neighbors and that staff believes that the use will not be detrimental to the neighborhood.  He also pointed out that there is an adequate vegetative buffer around the structure.

 

       Commission Member Hargrave asked that he be allowed to abstain from voting. Commission Member Cobb made a motion to allow Mr. Hargrave to abstain from voting.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to allow Elder Hargrave to abstain from voting.

 

       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 with the following use and development conditions submitted by the petitioners:

 

Use Condition

 

To allow a woodworking shop.

 

Development Conditions

 

1.    Size of the building, which was constructed in 1969 with 3,372 square feet, will not be increased.

 

2.    There will be no sign at the street; however, there will be a sign on the front of the building.

 

3.    The name of the business will be Tarheel Cabinet, and the name will be placed on the front of the building. The business is a small, family business owned by Mr. Wayne Allred and will be operated by Mr. Allred and his two sons.

 

4.    There will be seven parking spaces in front of the building.

 

5.    No paving is planned in the near future; however, additional gravel will be brought in for the parking spaces and the driveway.

 

6.    None of the buffer trees will be removed from the back and side of the property.

 

7.    There are no plans to plant any additional trees or shrubbery in the near future.

 

8.    This will be a very low-profile business consisting of only three to four employees and very little traffic in and out.

 

9.    Wooden cabinets will be manufactured in this building and delivered and installed in homes by the employees.

 

10.   The air compressor will be inside the building; therefore, the noise level will be very minimal – if there is any noise at all.

 

11.   Hours of operation will be from 8:00 a.m. until 4:30 p.m. Monday through Friday and occasionally from 8:00 a.m. until 12 noon on Saturday.  No work will be done after 8:00 p.m. on any day.

 

       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.

 

 

       Planning Director Harkrader reminded Commission members that there would be a joint meeting of the City Council and Planning and Zoning Commission on May 9, 2005, at the Kernodle Senior Citizen Center.  Dinner will be served at 6:00 p.m. followed by the meeting at 6:30.

 

       Commission Chairman Byrd welcomed Mr. Celo Faucette, a former Commission member, to the meeting.  Mr. Byrd also asked that everyone remember Commission Member Enoch in their prayers during his recovery.

 

       There being no further business to discuss, the meeting was adjourned at 7:20 p.m.

 

 

 

 

 

                                                                             ________________________________________

                                                                                  George A. Byrd, Jr., Chairman

 

 

 

 

 

                                                                             ________________________________________

                                                                                   James M. Burwell, Secretary