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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

June 27, 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, Absent                   Richard Franks, Present

Lynn Cowan, Present                   Jim Johnson, Present

Elder Greg Hargrave, Present                   Ellis Piper, Absent

Gordon Millspaugh, Absent                   Bob Ware, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Director of Planning and Community Development

Kurt Pearson, Assistant Director of Planning Services

Daniel Shoffner, Planner I

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 May 23, 2005, were unanimously approved. This was a City and extraterritorial item.

 

       ITEM NO. 3: Consent agenda:  (City)

 

(A)   Mr. Jay Lowe, representing Mr. Larry Shambley and Ralph Scott Group Homes, presented an application for final plat approval of the Larry Shambley and Ralph Scott Group Homes Subdivision.  The property is located on the west side of Lakeside Avenue approximately 275 feet south of Wicker Street as shown on plans by Carolina Cornerstone Surveying dated February 28, 2005, and containing three lots.

 

(B)   Mr. Jay Lowe, representing Alamance Investment Partners Group, presented an application for final plat approval of the Janice C. Minter and Tommy K. George Subdivision. The four lots are located as follows: (1) southeast corner of Spence and Hill Streets; (2) northeast corner of Spence and Polk Streets; and (3) and (4) east side of Spence Street. The plans are by Carolina Cornerstone Surveying dated May 26, 2005.

 

(C)   Mr. Jimmy Collins, representing Concept Builders, Inc., presented an application for final plat approval of Phase 2 (Lots 44-51) of the Abbington Place Townhomes.  The property is located at the intersection of University Drive and Abbington Way as shown on plans by Fleming Engineering, Inc., dated June 3, 2005, and containing eight lots.

 

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

 

       Commission Member Burwell made a motion to recommend approval of (A), (B) and (C).  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of (A), (B) and (C).

 

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

 

       Consent agenda:  (Extraterritorial)

 

(D)   Mr. Matt Williams, representing Pierce Homes of Carolina, Inc., presented an application for preliminary plan approval of the Northside Subdivision.  The property is located on the north side of Sharpe Road approximately 400 feet east of Burch Bridge Road as shown on plans by Borum, Wade and Associates, P.A., dated December 3, 2004, and containing 124 lots.

 

(E)   Mr. Rodney Herring, representing Keystone Group, Inc., presented an application for final plat approval of Phase 6 of the Brassfield Meadows Subdivision.  The property is located on the east side of Lakeside Avenue approximately 800 feet south of Fernway Drive as shown on plans by Simmons Engineering and Surveying, Inc., dated June 1, 2005, and containing 47 lots.

 

       Commission Member Apple asked if a sign (indicating that the property was being considered for subdividing) had been posted on the property for (D).  Zoning/Subdivision Administrator Cloud stated that as far as he knew, a sign had been posted.

 

       Commission Member Johnson asked that he be allowed to abstain from voting on (D).  Commission Member Ware made a motion to allow Mr. Johnson to abstain from voting.  Bud Apple seconded the motion.  The Commission voted unanimously to recuse Mr. Johnson from voting on (D).  After Mr. Johnson was recused from voting, there was not a quorum of extraterritorial Commission members present to vote.  Commission Member Franks made a motion to table (D) until the July meeting.  Bud Apple seconded the motion.  The Commission voted unanimously to table (D) until the July meeting.

 

       Staff recommended approval of (E) contingent upon the completion of street construction or the applicant posting proper surety with the City Engineering Department prior to recording the plat.

 

       Commission Member Franks made a motion to approve (E) with the contingency outlined by staff.  Bud Apple seconded the motion.  The Commission voted unanimously to approve (E) contingent upon the completion of street construction or the applicant posting proper surety with the City Engineering Department prior to recording the plat.

 

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

 

       ITEM NO. 4: Mr. E. Lawson Brown, representing CBL and Associates Properties, presented an application to rezone two separate properties.  Property #1 is proposed to be rezoned from R-15, Residential District, to CB, Conditional Business District, and Property #2 is proposed to be rezoned from R-15, Residential District, to O-I, Office-Institutional District.  These properties will be included in the Alamance Crossing Conditional Business rezoning that was approved by the Burlington City Council on April 20, 2004, and amended and approved on June 7, 2005.  Property #1 is located east of the Western Loop (University Drive) and south of St. Mark’s Church Road as shown on Alamance County Tax Map 3-26-3.  Property #2 is located north of the terminus of Wilson Drive as shown on Alamance County Tax Map 3-24-5.

 

       This was an extraterritorial item.

 

       Mr. Brown introduced Mr. Jon Meshel, project manager for CBL. 

 

       Mr. Brown stated that the addition of the two properties to the proposed development will allow the reconfiguration of a planned four-lane road and thus allow more building area and for the proposed connector road to be moved further south.

 

       Planning Director Harkrader stated that the rezoning of the two properties is a minor change to the application and will offer an increase in development area.  Staff recommended approval of rezoning the two properties with the use and development conditions presented by the applicant.

 

       Regarding the Use Conditions offered by the applicant, Commission Member Cowan asked if “outdoor storage, sales and display areas not to exceed five percent of the approved square footage” was included in the previously approved rezoning requests.

 

       Mr. Brown stated that it was approved in previous rezonings and that the applicant wanted that flexibility in case a company such as Lowe’s or Home Depot decides to locate on the property.

 

       Commission Chairman Byrd asked if staff had received any calls regarding the rezoning and was told that one had been received; however, the caller was curious and did not express approval of disapproval.

 

       Commission Member Johnson made a motion to recommend approval of the two properties with the use and development conditions submitted by the petitioner.  Jim Burwell 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:

 

PROPERTY #1

 

Use Conditions

 

1.    All uses stated in the Table of Permitted Uses for B-2 zoning districts.

 

2.    Surface retention and drainage for the property.

 

3.    Roads, driveways, parking and building areas as shown on the adjacent property rezoned under the original CBL and Associates Properties, Inc., Conditional rezoning application as approved on April 20, 2004, and as amended and approved on June 7, 2005.

 

4.    Outdoor storage, sales and display areas to be permitted as long as the area does not to exceed five percent of the approved square footage.


 

Development Condition

 

1.    All conditions set forth in the approved Conditional Business rezoning for CBL and Associates Properties, Inc., as approved on April 20, 2004, and amended and approved on June 7, 2005.

 

PROPERTY #2

 

Use Conditions

 

1.    All uses stated in the Table of Permitted Uses for Office-Institutional Districts.

 

2.    Surface retention and drainage for the property.

 

3.    Roads, driveways, parking and building areas as shown on the adjacent property rezoned under the original CBL and Associates Properties, Inc., Conditional rezoning application as approved on April 20, 2004, and as amended and approved on June 7, 2005.

 

4.    Outdoor storage, sales and display areas to be permitted as long as the area does not exceed five percent of the approved square footage.

 

Development Condition

 

1.    All conditions set forth in the approved Office-Institutional rezoning for CBL and Associates Properties, Inc., as approved on April 20, 2004, and amended and approved on June 7, 2005.

 

       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. Mark Reich, representing the Alamance-Burlington School System, presented an application to rezone from R-9 Residential District, to CR, Conditional Residential District, to allow for the expansion of Walter Williams High School.  The property is located at 1307 South Church Street as shown on Alamance County Tax Map 91, Block 390, Lot 1.

 

       This was a City item.

      

       Mr. Reich introduced Mr. Ken Stafford, also with Alley, Williams, Carmen and King, Inc., and Mr. W. D. Yarbrough, Director of Maintenance and Facilities with the Alamance-Burlington School System.

 

       Mr. Reich stated that the construction of the 6,600 square foot addition to Williams School would be possible because of a bond referendum passed by voters.  At present, the 25-acre site is zoned R-9, Residential, and needs to be rezoned to Conditional Residential.

 

       He outlined development conditions, including various changes in student, faculty and bus parking.

 

       Planning Director Harkrader stated that staff recommended approval of the rezoning with the use and development conditions presented by the applicant. He commented that Alley, Williams, Carmen and King had done an excellent job in designing the addition and commended Mr. Yarbrough and Mr. Ronnie Wall, Assistant Superintendent of Facilities with the Alamance-Burlington School System, for their input.

 

       Commission Member Ware asked if Stadium Alley and Bulldog Alley were one of the same, and Mr. Yarbrough stated that they were.  Mr. Ware commented that he was once a Burlington firefighter and questioned if a fire truck would be able to maneuver down Bulldog Alley in case of a fire.

 

       Mr. Yarbrough stated that Bulldog Alley is two lanes off Country Club Drive, then becomes a single lane and becomes two lanes again with handicap parking on the top side.

 

       Mr. Harkrader stated that staff, including Deputy Fire Chief Mike Willets, had visited the site, and Deputy Chief Willets determined that the proposed development would not further hinder firefighting efforts at the school.

 

       Commission Chairman Byrd inquired about the completion date and was told 14 months.

 

       Commission Member Hargrave asked if the expansion was necessary due to a projected increase in students.

 

       Mr. Yarbrough answered that state requirements mandate a decrease in class size, and several teachers had been sharing classrooms.  He stated that the school auditorium and gymnasium could handle an increase of students whereas the cafeteria and number of classrooms could not.

 

       Commission Member Ware asked if there was any reason why the large front yard of the school could not be used, and Mr. Yarbrough stated that staff had discussed utilizing part of the front yard for parking; however, there were not enough funds available for construction and pavement.  He also pointed out that often the front yard is used for band practice and other school functions.

 

       Commission Member Johnson asked how did the City arrive at the parking space requirements.

 

       Planning Director Harkrader stated that the City of Burlington Zoning Ordinance specifies the number of parking spaces required for student and faculty parking.  He pointed out that it is normal for more student parking spaces to be needed after Christmas because more students get their drivers license.

 

       Commission Member Burwell made a motion to recommend approval of the rezoning with the use and development conditions submitted by the petitioner. Greg Hargrave 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

 

1.    The addition will consist of a one-story 6,600 square foot building that will include four classrooms, restrooms and mechanical and electrical rooms. 

 

Development Conditions

 

1.    The addition will be stand-alone and constructed north of the existing Fine Arts wing on the western end of the senior parking lot.  The addition will be connected to the existing building by a covered walkway.

 

2.    The addition’s exterior architectural materials and colors will be similar to the existing adjoining facility. 

 

3.    The addition will have exits on the east and south facades with concrete walkways from both complying with ADA requirements and leading to public ways.

 

4.    Off-street parking requirements for schools will comply with the City of Burlington Zoning Ordinance, Section 32.11, which states that five off-street parking spaces will be required for each classroom and administrative office.

 

5.    Buses that currently park in the bus parking lot off Bulldog Alley across from the gymnasium and Fine Arts Building will be parked at a location off campus.  The parking lot will be re-striped for passenger cars, and additional pavement will be added to the lot to provide 44 parking spaces.

 

6.    As a result of the addition, 14 spaces in the parking lot for senior students will be modified and relocated to the Bulldog Alley parking lot.

 

7.    Upon completion of the classroom additions, a total of 310 off-street parking spaces will be provided which will be an increase of 30 parking spaces to on-campus parking.

 

8.    It is proposed to convert 150 feet of unrestricted parking on the west side of Arlington Avenue, south of the existing 15-minute parking zoning, to bus parking only.  This will provide designated parking for three buses and eliminate seven parking spaces along Arlington Avenue.

 

9.    Existing trees along Parkview Drive adjacent to the senior lot and the large oak tree in the courtyard north of the senior lot will remain.  No additional trees are proposed adjacent to the addition or senior lot.  In addition, no landscaping modifications are proposed to the lower lot, teachers’ parking lot, Bulldog Alley lot or parallel parking spaces along Bulldog Alley.

 

       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