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MINUTES OF THE BURLINGTON PLANNING
AND ZONING COMMISSION MEETING
May 23, 2005
Council Chamber, Burlington Municipal
CITY MEMBERS: EXTRATERRITORIAL
Byrd, Chairman, Present Bud
Burwell, Secretary, Absent John Enoch, Absent
Cobb, Present Richard
Cowan, Present Jim
Greg Hargrave, Absent Ellis
Millspaugh, Present Bob Ware, Present
Robert R. Harkrader,
Director of Planning and Economic Development
Assistant Director of Planning Services
NO. 1: Chairman Byrd called the
meeting to order at 7:00 p.m.
NO. 2: Minutes of the meeting
held April 25, 2005, were unanimously approved. This was a City and extraterritorial item.
NO. 3: Consent agenda: (City)
Mark Reich, representing Habitat for Humanity of Alamance County, Inc.,
presented an application for final plat approval of the Ross Street
Subdivision. The property is located on
the west side of Ross Street approximately 720 feet north of Sharpe Road as
shown on plans by Alley, Williams, Carmen and King, Inc., dated November 2,
2004, and containing 14 lots.
Mark Reich, representing Wakefield Development Company, presented an
application for preliminary plan approval of Section J-1, Mackintosh on the
Lake Subdivision. The property is
located on the east side of Bonnar Bridge Parkway, south of Abernethy Trail and
north of Back Creek as shown on plans by Alley, Williams, Carmen and King,
Inc., dated April 1, 2005, and containing 95 lots.
recommended approval of (A) contingent upon completion of street construction
or the applicant posting proper surety with the City Engineering Department
prior to recording the plat. Staff also
recommended approval of (B).
Member Cobb made a motion to recommend approval of (A) with the contingency
outlined by staff and to approve (B).
Gordon Millspaugh seconded the motion.
The Commission voted unanimously to recommend approval of (A) contingent
upon completion of street construction or the applicant posting proper surety
with the City Engineering Department prior to recording the plat and to approve
Commission found that the plats as presented met all requirements of the
George Horner presented an application for final plat approval of the George S.
and Julia L. Horner Subdivision. The
property is located on the southeast corner of West Old Glencoe Road and
Lakeside Avenue as shown on plans by Wayne B. Perry dated April 30, 2005, and
containing two lots.
William Welborn presented an application for final plat approval of the William
Clinton Welborn Subdivision. The
property is located on the east side of North Graham-Hopedale Road
approximately 175 feet south of its intersection with Woodleigh Avenue as shown
on plans by Simmons Engineering and Surveying, Inc., dated March 9, 2005, and
containing two lots.
recommended approval of (C) and (D).
Member Franks made a motion to recommend approval of (C) and (D). Bud Apple seconded the motion. The Commission voted unanimously to
recommend approval of (C) and (D).
ITEM NO. 4: Mr. Dale T. Simpson presented an
application to rezone from R-6, Residential District, to B-1, Neighborhood
Business District, the property located on the west side of Trollinger Street
approximately 75 feet south of West Webb Avenue and being as shown on Alamance
County Tax Map 84, Block 359, Lots 41 and 42.
This was a City item.
Staff recommended approval of the request
for rezoning on the basis that it would be an appropriate extension of existing
B-1 zoning in the area.
Commission Member Cobb made a motion to
recommend approval of the request for rezoning. Lynn Cowan seconded the motion.
The Commission voted unanimously to recommend approval of the request
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. Lawson
Brown, representing CBL & Associates Properties, Inc., presented amendments
to the site plan for Alamance Crossing recommended for approval by the
Commission March 22, 2004, and approved by the Burlington City Council on April
20, 2004. The amendments include
extending Conditional Business zoning to approximately 8.34 acres located in
the eastern portion of the development that is currently zoned O-I,
Office-Institutional District, as shown on Alamance County Tax Map 3, Block 24,
a portion of Lots 2, 2D, 2H, 2P and 2Q.
Planning Director Harkrader pointed out
that this is an extraterritorial item and not a City item as indicated on the
Mr. Brown stated that the amendments
would greatly enhance the previously approved site plan and that the most
notable revision will be the rezoning of approximately 8.34 acres located in
the eastern portion of the proposed development from Office-Institutional to
Conditional Business. The purpose of
the change, he pointed out, is to accomplish a more attractive and upscale
building presentation. Previously 80
percent of the 140 acres was zoned Conditional, and 20 percent zoned O-I. He used a laser pointer to indicate on a
projected map various aspects of the proposed project and compared the proposed
development to the Streets of South Point development in Durham.
Mr. Brown stated that several of
outparcels had been eliminated from the site plan, and the location of the
access road had been moved to accommodate the outparcel elimination and
mandates protecting wetlands. In
addition, the total square footage of buildings on the primary site changes
from 840,000 to 820,000 square feet; however, a change in the commercial square
footage was not being requested. Mr.
Brown stated that under the amended plan, a four-lane road would be constructed
at the onset of construction whereas previously the plan called for a two-phase
construction of the roads -- a
four-lane road to service Phase I and a two-lane road to service Phase II
followed by two additional lanes upon the construction of the primary buildings
and outparcels in Phase II.
A water feature would be the focal point
in the revised site plan, Mr. Brown told Commission members. He stated that this revised layout is more
upscale, aesthetic and modern.
Mr. Brown stated that landscaping would
comply with the City’s Landscape Ordinance and would include a 10 to 15-foot
buffer between the development and townhouses.
Thus far, planned signage meets all criteria of the City’s Sign Ordinance;
however, it is anticipated that some of the national retailers could request
variances from the Board of Adjustment to install additional signage.
Mr. Brown stated that several
off-premises traffic improvements have been removed from the previously
approved Zoning Conditions because the North Carolina Department of
Transportation had determined that they were outside the scope of the
project. Mr. Brown listed the seven
In conclusion, Mr. Brown stated that CBL
would not be required to install a water line up St. Mark’s Church Road to
Rural Retreat Road unless the water line is needed for adequate water pressure
to the development. Also, CBL will not
be required to install sanitary sewer lines to adjacent streets; however, CBL
will provide easements to the City for future installation of such lines.
Mr. Brown introduced Mr. John Meshel,
project manager for CBL, who was available to answer questions.
Mr. Don Reynolds, 1243 Westview Terrace,
stated that CBL had been straight-up and honest with surrounding property
owners from the very beginning and that nothing he had heard during the evening
was a surprise. He stated that he had
no problem with the rezoning but he did have concerns with Westview Terrace
becoming a dead-end street with only one way into and one way out of the
neighborhood. He maintained that
homeowners would become locked in. He
compared his neighborhood to the one behind Burlington Lincoln-Mercury. He maintained that having only one way into
and out of the residential area had killed the neighborhood and that this could
happen to his neighborhood.
Commission Member Johnson questioned how
the proposed development would cut the neighborhood off because the development
would not change its current state.
Planning Director Harkrader stated that
when the original site plan and rezoning request were presented to City Council
in April 2004, Mr. Reynolds voiced his concern about Westview Terrace having
only one way to get in or out of the neighborhood. In order to prevent that from occurring, the City Council voted
to dedicate a right-of-way for the future extension of Fairview Drive onto the
service road. Mr. Harkrader told
Commission members that the opening of Fairview Drive does not change anything
with the proposed development being considered and that neither staff nor the
Commission should get involved with this issue during the meeting. He stated that he thought Mr. Reynolds’
concerns had been addressed by City Council, and that staff had not heard from
Mr. Reynolds since the April 2004 City Council meeting.
Mr. Reynolds stated that he is concerned
about traffic on Garden Road when the project is completed. He contemplated trying to make a left turn
onto Westview Terrace and traffic backing up on Garden Road. He stated that this would pose a safety
Commission Member Cobb asked if there
would be a turn lane.
Mr. Harkrader stated that without knowing
any details about proposed traffic patterns, he could not answer that question
and reiterated that Commission members should only consider the item on the
Commission Member Johnson asked Mr.
Harkrader how does he plan to address the problem.
Planning Director Harkrader stated that
he would talk with the North Carolina Department of Transportation.
Mr. Johnson asked if this should be done
before this item goes to City Council, because if it’s not addressed
beforehand, it could become the same situation as it was in April 2204.
Mr. Harkrader stated that the amendments
and the street situation should be considered separately.
Mr. Johnson asked if this was the first
time the Westview Terrace situation had come up.
Planning Director Harkrader stated that
Mr. Reynolds had not mentioned the situation since April 2004 and that some of
the neighbors want Fairview Drive extended to the service road and some do
Mr. Reynolds pointed out that in March
2004 he presented to the Commission a petition signed by all the neighbors
requesting that the adjoining property not be rezoned to multifamily, and that
he could get up another petition signed by neighbors stating that there is a
problem and that it hasn’t been addressed.
Mr. Harkrader reiterated that this was
the first time he had heard Mr. Reynolds’ concerns since April 2004.
Mr. Joseph Short, 3392 Garden Road, asked
if there would be any pedestrians wandering into the neighborhood once the
shopping center is developed. Mr. Brown
stated that there would be a 15 to 20-foot foliage buffer, a fence plus a
retaining wall separating the development from the residential area and he did
not anticipate this happening because there would be a 20-foot drop.
Mr. Dick Kalbfleisch, 1233 Westview
Terrace, stated that he had lived in his home for 30 years and he was concerned
about living with the dust when construction begins. He stated that he had no problem with the project and CBL had
been up-front from the beginning; however, he requested that something be done
about the anticipated dust during the summer.
Mr. C. D. Cobb, 3182 Garden Road, stated
that he knew the development was coming; however, he was concerned about
traffic being able to get onto Garden Road from the proposed Alamance Crossing
Boulevard or Road. He asked if a stoplight
could be installed.
Mr. Brown stated that Wilbur Smith and
Associates had completed a traffic study of the area and that Mr. Cobb’s
concern had been addressed. Mr. Brown
stated that it was determined that there was not enough space between the future
intersection to warrant a stoplight.
Commission Member Ware inquired about
signage. Mr. Brown stated that most
signs will be ground monumental signs tastefully designed and will adhere to
the City’s Sign Ordinance.
Mr. Ware stated that he, too, was
concerned about a turn lane on Garden Road.
Commission Member Franks stated that he
thought a turn lane would have to be installed on Garden Road.
Planning Director Harkrader stated that a
turn lane may be needed and that would have to be addressed at some point.
Mr. Short stated that he thought the
Commission should consider these situations before approving the rezoning and
questioned why couldn’t the Commission “cool it and decide about it later.”
Mr. Harkrader stated that there is a
dedicated right-of-way in place in case Fairview Drive needs to be
extended. He stated that when a public
hearing is held, City Council may decide to make additional changes.
Commission Member Millspaugh asked if
staff approved removing traffic improvements from the site plan that are listed
as number 13 on CBL’s amendment list.
Mr. Harkrader stated that staff had no
problem with the removal of the off-premise traffic improvements because NCDOT
had determined that they were outside the scope of the project.
Mr. Millspaugh asked if staff also approved
numbers 14 and 15 (eliminating the installation of water and sanitary sewer
lines) on the list.
Mr. Harkrader stated that at this point
neither is being considered as a part of this project; however, if CBL
determines that these lines are needed for its project, the lines will be
Planning Director Harkrader stated that
staff recommended approval of amending the previously approved rezoning. He told Commission members that the amended
site plan is much improved and the proposed development is more
pedestrian-friendly with more convenient access while not increasing its
size. In addition, the amended site
plan will improve the traffic flow, has less outparcels and overall is a better
Commission Chairman Byrd commented that
he thought the amended site plan is much improved over the previous one and
that if the proposed development is similar to South Point, it will be an asset
to the area.
Commission Member Franks made a motion to
recommend approval of the amendments to the site plan including the extension
of Conditional Business zoning to approximately 8.34 acres currently zoned O-I,
Office-Institutional. Paul Cobb
seconded the motion. The Commission
voted unanimously to recommend approval of the following site plan amendments
including the rezoning from O-I to CB to approximately 8.34 acres in the
eastern portion of CBL’s proposed development:
from O-I, Office-Institutional, to CB, Conditional Business, an additional
approximate 8.34 acres in the eastern portion of the development to accomplish
a more attractive and upscale building presentation. The property is shown on
Alamance County Tax Map 3, Block 24, a portion of Lots 2, 2D, 2H, 2P and 2Q.
of several outparcels on the eastern side of the development pursuant to the
submitted site plan. The total square footage of buildings on the primary site,
exclusive of outparcels and restaurants (designated “Rest.” on the plan),
changes from 840,000 square feet to 820,000 square feet. A change from the approved commercial square
footage is not being requested. The
primary building changes and outparcel changes add to the value and prominence
of the center as a whole.
in the manner in which the center is developed. The original plan called for a two-phase development. The road servicing the development would
have been completed in phases as well.
Initially, a four-lane road to service Phase I (the western half) and a
two-lane road to service Phase II (the eastern half) would have been
built. Upon construction of the primary
buildings and outparcels in Phase II, two additional lanes would have been
constructed on the Phase II portion of the road. Under the amended plan, a four-lane road will be constructed at
the beginning of development to service the entire development.
location of the access road has been moved to accommodate the outparcel
area designated “Water Feature” is a focal point of the revised lifestyle
destination shopping presentation. It
is intended that the new layout will be more upscale, aesthetic, modern and
to Section 32.19:F.6.b of the City of Burlington Zoning Ordinance as to the
footprint of certain buildings, driveways and parking spaces, the applicant may
modify the same in accordance with the final site plan. The permitted area of all buildings shall
not exceed 850,000 square feet plus the buildings on the outparcels.
landscaping for the site, including without limitation, parking lots, will
comply with the City of Burlington Landscape Ordinance now in effect. Driveways, parking areas and pedestrian
walks may be permitted within exterior buffer areas subject to the applicant
transferring the required plantings to other areas; provided, however, that no
driveway, parking area or sidewalk shall be located closer than 15 feet to the
property line with the exceptions noted herein.
the northern property line, the landscape buffer shall be 15 feet in width with
the exception of any area where the maintenance drive parallels the northern
property line, where the applicant may construct a retaining wall with a
decorative fence amenity.
landscaping buffer is required along the southern property line where the site
is contiguous to the Interstate 85/40 rights-of-way.
signage will be in accordance with the plan as it relates to pylon
signage. Pylon signage will include one
pylon sign at a height not to exceed 75 feet, and other pylon signs not to
exceed 50 feet in height. Monument
ground signs not exceeding 25 feet in height with an area of not more than 500
square feet per side are also permitted.
signs are permitted upon any building wall that faces a pedestrian entrance or
faces a public right-of-way.
business advertising wall signs per wall are allowed with the total square
footage of all wall signs not to exceed two area feet of signage per linear
wall length; provided, however, up to three signs are permitted on owner and/or
tenant spaces equaling or exceeding 25,000 square feet in size.
outparcel identification signs, with the exception of wall signs, shall be
ground signs with a maximum height of 20 feet and a maximum size of 100 square
signs may exceed above or beyond the wall structure to which they are attached
if the same are consistent with the owner and/or tenant occupant’s national
signage program subject, however, to the foregoing conditions.
following off-premises traffic improvements are hereby removed from the
Conditions pursuant to the determination by the North Carolina Department of
Transportation that the same are outside the scope of the project:
Traffic signalization at Rural Retreat
Road and University Drive (Western Loop) (installed by NCDOT).
B. Improvements to the intersection of South
Church Street (NC Highway 70) and Williamson Avenue and St. Mark’s Church Road
(being made by NCDOT).
C. Improvements to the intersection of Garden
Road and St. Mark’s Church Road (being made by NCDOT).
D. Improvements to the intersection of
Forestdale Drive and Huffman Mill Road.
E. Improvements to the intersection of Huffman
Mill Road and Garden Road.
F. Improvements to the intersection of Boone
Station Drive and Forestdale Drive.
G. Improvements to the intersection of
University Drive (Western Loop) and NC Highway 70 (South Church Street).
applicant shall not be required to install the water line up St. Mark’s Church
Road to Rural Retreat Road unless the same is required for water pressure to
the site as certified by a licensed engineer.
applicant shall not be required to install the sanitary sewer lines to adjacent
streets and/or properties; provided, however, that the applicant shall provide
easements to the City for such extensions on the site as requested by the City.
There being no further business to
discuss, the meeting was adjourned at 7:55 p.m.
George A. Byrd, Jr., Chairman
James M. Burwell, Secretary