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BURLINGTON PLANNING AND ZONING COMMISSION

 

January 23, 2006 - 7:00 p.m.

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                               EXTRATERRITORIAL MEMBERS:

 

George Byrd, Chairman, Present                         Bud Apple, Present

Paul Cobb, Secretary, Present                             John Enoch, Present

John Black, Present                                            Richard Franks, Absent

Lynn Cowan, Present                                          Jim Johnson, Present

Elder Greg Hargrave, Absent                                Ellis Piper, Absent

Gordon Millspaugh, Present                                 Bob Ware, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

Haywood Cloud, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant

 

 

 

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

 

       Planning Director Harkrader stated for those Commission members not present at the last meeting new planning legislation had been passed by the NC General Assembly effective January 1, 2006.  As a review, he outlined the following that affects the Commission:

 

1.    In reviewing rezoning requests, Commission members will be required to include in written comments on the consistency of the proposed zoning amendment with the City’s Comprehensive Land Use Plan and any other relevant plans that have been adopted by the City of Burlington.

 

2.    Local governments are now required to post on-site notices for all rezoning applications.  Mr. Harkrader pointed out that the City is already complying with this statute.

 

3.    Commission members are not to vote on recommendations for rezoning applications or zoning text amendments if they have a direct, substantial, readily-identified financial interest in the outcome of the decision.     

 

4.    An amended statute clarifies that specific conditions imposed in conditional zoning may be proposed by the owner or by the City; however, only those conditions mutually approved by the owner and City may be put into the regulations.

 

       Mr. Harkrader pointed out that the above were only highlights and that members should contact him if they had questions.

 

       Commission Member Millspaugh asked if the legislation included how many days ahead of time rezoning signs must be posted before the rezoning application is presented to the Planning and Zoning Commission.

 

       Mr. Harkrader stated that the new legislation did not specify a time; however, rezoning applications must be presented to City staff within 10 working days before the Planning and Zoning Commission meeting.  This allows approximately one week for the signs to be displayed on-site.

 

       ITEM NO. 2: Minutes of the meeting held January 9, 2006, were unanimously approved. The January 9, 2006, meeting was continued from the December 19, 2005, meeting.  This was a City and extraterritorial item. 

 

       Commission Chairman Byrd stated that Item 3 (B) was an extraterritorial item and not a City item and that Item 4 was also an extraterritorial item.

 

ITEM NO. 3: Consent agenda:  (City)

 

(A)   Mr. Carlton Hawkins with Alley, Williams, Carmen and King, Inc., representing Wakefield Development Company, presented an application for final plat approval of Phase 1, Section 2 (J), of Mackintosh on the Lake, “Glenmoor.”  The property is located on Bonnar Bridge Parkway, 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 December 12, 2005, and containing 21 lots.

 

       Staff 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.

 

       Commission Member Cobb made a motion to recommend approval of (A) with the contingency outlined by staff.  Lynn Cowan 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.

 

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

 

       Consent agenda:  (Extraterritorial)

 

(B)   Mr. Robbie Yates with Borum, Wade and Associates, representing Pierce Homes of North Carolina, Inc., presented an application for final plat approval of Phase 1, Section 1, of the Northside Subdivision.  The property is located on Sharpe Road approximately 585 feet east of Burch Bridge Road as shown on plans by Borum, Wade and Associates dated November 9, 2005, and containing 23 lots.

 

(C)   Mr. Brentley Sievers with Fleming Engineering, Inc., representing Evergreen Company, presented an application for preliminary plan approval of the Auburn Springs/Auburn Trace Subdivision.  The property is located on the south side of Crouse Lane approximately 650 feet east of Kirkpatrick Road as shown on plans by Fleming Engineering, Inc., dated January 5, 2006, and containing three lots.


 

(D)   Mr. Leo Boswell with Boswell Surveyors, Inc., representing Mr. Chad Porterfield, presented an application for final plat approval of the M & P Developments, Inc., Subdivision.  The property is located on the south side of Anthony Road at the intersection of Anthony Road and Tucker Street as shown on plans by Boswell Surveyors, Inc., dated December 7, 2005, and containing one lot.

 

       Staff recommended approval of (B) contingent upon completion of street construction or the applicant posting proper surety with the City Engineering Department prior to recording the plat.  In addition, staff recommended approval of (C) and (D).

 

       Commission Member Cobb made a motion to recommend approval of (B) with the contingency outlined by staff; to approve (C); and recommended approval of (D).  Bud Apple seconded the motion.  The Commission voted unanimously to recommend approval of (B) contingent upon completion of street construction or the applicant posting proper surety with the City Engineering Department prior to recording the plat; to approve (C); and to recommend approval of (D).

 

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

 

       ITEM NO. 4:  Mr. Brentley Sievers with Fleming Engineering, Inc., representing Mr. Johnny Wagoner, presented an application to rezone from R-12, Residential District, to O-I, Office-Institutional District, the property located at the easternmost (dead-end) right-of-way line of Crouse Lane approximately 650 feet east of Kirkpatrick Road and being as shown on Alamance County Tax Map 3-22D-20.

 

       This was an extraterritorial item.

 

       Commission Member Cobb asked that he be recused from voting.  Lynn Cowan made a motion to recuse Mr. Cobb from voting.  Bud Apple seconded the motion.  The Commission voted unanimously to allow Commission Member Cobb to abstain from voting.

 

       Commission Member Johnson asked if the wetlands had been taken into consideration.

 

       Planning Director Harkrader stated that the wetlands around the creek would be considered when a site plan was presented to the City.

 

       Staff recommended approval of the request for rezoning on the basis that it would be an appropriate extension of existing O-I zoning.

 

       Commission Member Millspaugh asked if O-I zoning would be consistent with the Comprehensive Land Use Plan and was told that it would.  He made a motion to recommend approval of the request for rezoning. Bud Apple seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.  Mr. Cobb abstained from voting.

 

       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.In addition, the Commission recommended that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the rezoning.


 

       ITEM NO. 5:   Mr. David Allen with Kimley-Horn and Associates, representing Mr. Kirk Bradley with Lee Moore Oil Company,  presented an  application to rezone from B-2, General Business District, (Unified Business Development) to CB, Conditional Business District, for a Unified Business Development on property located on Garden Road approximately 280 feet northwest of Huffman Mill Road as shown on Alamance County Tax Map 3-19, Lots 5, 50, 66 and 67. The final plat for Huffman Mill Plaza Limited Partnership dated November 15, 1995, contains a note that prohibits development on Lots 2 and 3 without subsequent approval by the City of Burlington prior to development.

 

       This was a City item.

 

       Mr. Gary Rippy, 3176 Garden Road, asked if a service station was going to be constructed on one of the lots.

 

       Planning Director Harkrader explained that in 1995 a Special Use Permit allowing a Unified Business Development was approved for Huffman Mill Plaza, and on the subdivision plat was recorded a note stating that nothing could be built upon Lots 2 and 3 without the approval of the City of Burlington and an amendment to the Special Use Permit.  Since the City no longer issues Special Use Permits for Unified Business Development, it had been decided by staff, including the Legal Department, that the entire plaza be rezoned to Conditional Business for a Unified Business Development except a portion of ACTM 3-19, Lot 5, which will remain zoned R-15 as a residential buffer.  As part of the Conditional rezoning request, the applicant was requesting two uses: a fast-food restaurant on ACTM 3-19-66, which is shown as Lot 2 on the subdivision plat, and a tire center and related auto repair on ACTM 3-19-67, shown as Lot 3. 

 

       The note on the Huffman Mill Plaza subdivision plat dated November 15, 1995, reads as follows:

 

       Lots 1, 2 & 3 are included within a Unified Business Development authorized by Special Use Permit issued by the City of Burlington on Dec. 19, 1995.  The use permit does not currently permit any use of Lots 2 & 3.  Said lots may not be built upon or utilized in any way without approval of the City of Burlington and amendment of said permit.

      

       Mr. Rippy stated that a restaurant would be okay on one of the lots; however, he was opposed to a tire center being developed on the other lot.  He maintained that a tire center would devalue his property and create more traffic on Garden Road.  He questioned Commission members if they would like to have a tire center in their neighborhood.

 

       Mr. Harold Andrews, 3164 Garden Road, asked if the restaurant and tire center would have driveways on Garden Road and was told that they would not – access to the two businesses would be within the Wal-Mart parking lot.  He stated that he was 75 years old and intended to stay in his present home the rest of his life.  He stated that he was opposed to anything being built any closer to him and opposed to looking at the back end of a tire center.  Mr. Andrews stated that he was also speaking for another neighbor that could not attend the meeting due to illness.

 

       Mr. Rippy stated that his biggest concern was the traffic and devaluing his property.  He told Commission members that he was not opposed to offices being built but there were already enough businesses around the neighborhood.


 

       Commission Member Johnson asked if he understood correctly that the residential buffer area would remain the same and not be included in the rezoning and was told that was correct.  Mr. Johnson pointed out to Mr. Rippy and Mr. Andrews that the properties were already zoned B-2 that would allow commercial development.

 

       Planning Director Harkrader stated that he understood neighbors’ frustrations; however, he explained again that the request for Conditional zoning would allow a change in the use of the two properties within the Unified Business Development.  He stated that yes, there would be more traffic, but the City could not stop growth because of traffic.

 

       Commission Member Cobb questioned why the notation was placed on the final plat to begin with.

 

       Mr. Harkrader stated that possibly there was a concern that the outparcels could be rezoned and marketed.  

 

Commission Member Enoch questioned if the City still had the minutes from the meetings where the final plat was approved so members could find out the history of the plat notation.

 

       Mr. Rick Gunn with Gunn Realty stated that often a big-box store places restrictions on outparcels so it can maintain control of the development and traffic and assure that the development won’t compete with the store.

 

       Planning Director Harkrader pointed out that the City had no control over restrictions or covenants placed on property and explained that those would be included in the deed and would not be included in any minutes.

 

       Commission Member Cowan stated that she too wished to have more information on the plat notation.

 

       Mr. Rippy added that with more business would come more trash along Garden Road including more Wal-Mart bags.  He stated that he was trapped by businesses and didn’t want any more.

 

       Ms. Cowan tried to explain to Mr. Rippy that the property is already zoned B-2 which will allow businesses, including the restaurant.

 

       Mr. Harkader added that the residential buffer area would not be compromised in any way and explained that the original intent of the Unified Business Development was to allow development of the outparcels.

 

       Commission Member Cobb questioned if the plat notation was something City Council did.  Mr. Harkrader answered that it was probably added by a compromise between the City and the developer.

 

       Mr. Terry Rippy, son of the above, asked Commission members if Joe Tickle’s Phillip 66 Service Station was the pride of Burlington and if they wanted something like that near them.

 

       Commission Member Black answered that no, he would not want a tire center as a neighbor.  He pointed out that these neighbors do not live directly across the road from the proposed tire center and that any traffic to the tire center would have to go through Wal-Mart’s parking lot.  He noted that the residential buffer offers protection, and he felt sure the tire center would add more landscaping as a buffer.

 

       Ms. Terry Jones with Gunn Realty stated that she had a copy of the deed that listed restrictive covenants.  The covenants indicate that Wal-Mart reserved the right to add its own tire center and to restrict competitive businesses from developing on the outparcels.  She stated that the deed with its restrictive covenants and amendments to the covenants is recorded at the Alamance County Register of Deeds office.

 

       Commission Member Cobb told the neighbors that in his opinion the development around them would only increase the values of their homes for potential marketing in the near future.

 

       Staff recommended approval of the request for rezoning with the use and development conditions submitted by the petitioner.  Planning Director Harkrader stated that it seemed that there was no opposition to a restaurant as a use but there were issues with the tire center.

 

       Commission Member Millspaugh made a motion to recommend approval of the rezoning request with a restaurant as a development use and that the use for a tire center be tabled until next month so Commission members could read the covenants placed on the property. He also added that because this was a request from the Commission, that any costs to the applicant be waived.  Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of the rezoning with the use and development condition for a restaurant submitted by the petitioner and to recommend that there be no added expense to the petitioner.

 

       In addition, the Commission recommended that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the rezoning.  The Commission found that the zoning change as amended would not adversely affect the adjoining property and would be in keeping with land use planning in the area.  The use and development conditions submitted by the petitioner are as follows:

 

Use Conditions

 

To allow a fast-food restaurant on ACTM 3-19-66 (shown as Lot 2 on rezoning exhibit).

 

Development Conditions

 

1.    Existing conditions are not required to meet the Unified Business Development ordinance.

 

2.    Tenant pole sign for Lot 2 to meet the provisions of the Burlington Sign Ordinance.

 

3.    Residential buffer (existing R-15, Residential District) to remain undeveloped.

 

       ITEM NO. 6:  Staff presented a petition requesting to change the name of a portion of Sumac Lane located south of Elderwood Lane to Surich Drive. 

 

       This was a City item.

 

       Commission Member Millspaugh asked if the name change wouldn’t affect mailing addresses for residents.

 

       Commission Director Harkrader pointed out that all the property along that part of the street was owned by one person.

 

      

 

 

 

 

       Commission Member Cobb inquired about 911 calls.

 

       Mr. Harkrader stated that once the name change is approved, it will be recorded and emergency personnel will be notified.

 

       Staff recommended approval of changing the street name.

 

       Commission Member Cobb made a motion to recommend approval of changing the name of a portion of Sumac Lane located south of Elderwood Lane to Surich Drive.   Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend changing the name of a portion of Sumac Lane located south of Elderwood Lane to Surich Drive.

 

 

       There being no further business to discuss, the meeting was adjourned at 8:12 p.m.

      

 

 

 

 

 

                                                                             ________________________________________

                                                                                   George A. Byrd, Jr., Chairman

 

 

 

 

 

 

                                                                             ________________________________________

                                                                                     Paul E. Cobb, Jr., Secretary