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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

February 27, 2006

 

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, Present      

Lynn Cowan, Present                                    Jim Johnson, Present      

Elder Greg Hargrave, Absent                         Ellis Piper, Present      

Gordon Millspaugh, Present                           Bob Ware, Absent        

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

Daniel Shoffner, Planner

Dianne Fogleman, Office Assistant

 

 

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

 

       ITEM NO. 2: Minutes of the meeting held January 23, 2006, were unanimously approved.  This was a City and extraterritorial item.

 

       Planning Director Harkrader distributed to Commission members copies of two newspaper articles pertaining to growth of housing in the area.

 

       ITEM NO. 3: Consent agenda:  (City)

 

(A)   Mr. Rick Gunn presented an application for final plat approval of the Holt Street Properties, LLC, Subdivision.  The property is located on the southwest corner of North Main Street and Holt Street with road frontage also on Ruffin Street as shown on plans by Wayne Perry, Professional Land Surveyor, dated January 7, 2006, and containing two lots.

 

(B)   Mr. Robert Grill, representing Vantage South Bank, presented an application for final plat approval of a 10-foot right-of-way dedication at the northwest corner of South Church Street and Westbrook Avenue as shown on plans by Boswell Surveyors, Inc., dated February 2, 2006.

 

(C)   Mr. Randy Thompson, representing Piedmont Developers, Inc., presented an application for final plat approval of Phase One, Section Two, of the Camden Creek Subdivision.  The property is located at the southwest corner of North Mebane Street and Audrey Lane as shown on plans by Simmons Engineering and Surveying, Inc., dated February 3, 2006, and containing two lots.

 

(D)   Ms. Lorie Chimera with Concept Builders presented an application for final plat approval of Phase 5, Abbington Place Townhomes.  The property is located on the Western Alamance Loop approximately 1,000 feet north of the intersection of Rural Retreat Road as shown on plans by Fleming Engineering, Inc., dated February 10, 2006, and containing nine lots.

 

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

 

       Commission Member ­­­­Cobb made a motion to recommend approval of the final plats.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of (A), (B), (C) and (D).

      

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

 

       Consent agenda:  (Extraterritorial)

 

(E)   Mr. Mark Reich, representing SSJ of Alamance #2, LLC, presented an application for final plat approval of Phase One, MacArthur Landing Townhomes.  The property is located on the west side of MacArthur Lane approximately 750 feet southwest of Durham Street Extension as shown on plans by Alley, Williams, Carmen and King, Inc., dated February 8, 2006, and containing four lots.

 

(F)   Mr. Mark Reich, representing Wakefield Development Company, to present an application for final plat approval of the Mackintosh East Subdivision.  The property is located on Bonnar Bridge Parkway, south of Danbrook Road and southwest of University Drive as shown on plans by Alley, Williams, Carmen and King, Inc., dated February 20, 2006, and containing four lots.

 

       Staff recommended approval of (E) and recommended approval of (F) contingent upon 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 recommend approval of (E) and (F) with the contingency outlined by staff. Bud Apple seconded the motion.  The Commission voted unanimously to recommend approval of (E) and recommended approval of (F) 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 plats as presented met all requirements of the Subdivision Regulations.

 

       ITEM NO. 4: Mr. Rick Gunn, representing A & M Distribution, Inc., presented an application to rezone from B-2, General Business District (Unified Business Development), to CB, Conditional Business District (Unified Business Development), to allow construction of a tire center and related auto repair.  The outparcel is located in Huffman Mill Plaza on Garden Road as shown on Alamance County Tax Map 3-19, Lot 67.  The proposed Conditional rezoning of this lot was carried forward from the January 23, 2006, Commission meeting.

 

       This was a City item.

 

       Mr. Gunn stated that the proposed tire center would be located on an outparcel in Huffman Mill Plaza at the corner of Garden Road and a side street into the development.   The entrance to the tire center would be within the shopping center and not on Garden Road.

 

       Mr. Gunn reminded Commission members that on the original Huffman Mill Plaza subdivision plat dated November 15, 1995, there was a note that stated development on Lots 66 and 67 would require approval by the City.  The City Council approved development on Lot 66 at its meeting February 21, 2006.   He presented a recorded document from Wal-Mart approving the construction of the tire center.

 

       Mr. Gunn introduced Mr. Michael Goodwin, developer of the tire center. 

 

       Mr. Gunn pointed out that the residential buffer would remain undeveloped and landscaping would be installed according to the City’s regulations.

      

       Planning Director Harkrader stated that staff recommended approval of the request for rezoning with the use and development conditions and site plan specifications submitted by the petitioner.

 

       Commission Member Cowan asked Mr. Gunn about the concerns of the neighbors. Mr. Gunn stated that he had met with a couple of neighbors that attended the January meeting and that their concerns had been satisfied.  Mr. Goodwin stated that he personally had met two neighbors and one of the neighbor’s son and that they had no opposition to the tire center.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning with the use and development conditions submitted by the petitioner. Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning and recommended that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the change.  The following use and development conditions have been submitted by the petitioner:

 

Use Condition

 

Tire center and related auto repair.

 

Development Conditions

 

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

 

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

 

3.           Landscaping to be installed per the City of Burlington landscape regulations.

 

       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. Rick Gunn, representing Holt Street Properties, LLC, presented an application to rezone from I-2, Light Industrial District, to CI, Conditional Industrial District, to allow for the washing and drying of commercial/corporate tents.  The property is a portion of a 1.317 acre tract located on the south side of North Main Street (319 North Main Street) between Holt Street and Ruffin Street and being as shown on Alamance County Tax Map 27-95, a portion of Lot 64. 

 

       This was a City item.

 

       Mr. Gunn stated that the property was once the site of a Plymouth-Chrysler dealership and a rental tent company plans to utilize part of the lot.  He told Commission members that the building would be renovated and a 50 feet by 100 feet concrete pad would be installed for the washing of tents.

 

       Mr. Gunn stated that the company estimates 7 to 10 tents being washed and dried per month and explained that the tents are only washed when needed.  A biodegradable detergent would be used in the power washing, and poles with pulleys would be erected for heisting the tents for drying. Four to five inches of rock would surround the concrete pad for drainage and catch basins would also be installed for drainage.

 

       Mr. Gunn explained that there would be no outside storage on the property.

 

       Commission Member Franks asked where were the tents washed and dried before.  Mr. Gunn stated that this was a new business.

 

       Commission Chairman Byrd asked if regular industrial strength detergent would be used, and Mr. Gunn stated that a biodegradable detergent such as Tide would be used.

 

       Staff recommended approval of the request for rezoning with the use and development conditions submitted by the petitioner. Planning Director Harkrader pointed out that this would be a low intensity use of the property and is located in an industrial area.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning with the use and development conditions submitted by the petitioner. Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning and recommended that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the change.  The following use and development conditions have been submitted by the petitioner:

 

Use Condition

 

The washing and drying of commercial/corporate tents.

 

Development Conditions

 

1.    The tenant, the Tent Rental Company, will construct within the Conditional use area a concrete pad with dimensions not to exceed 50 feet by 100 feet. 

 

2.    The tenant will erect two 40-feet tall poles on both sides of the concrete pad for the purpose of hanging the tents up to dry.

 

       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. Stephen K. Whitfield, representing Mrs. Helen Brown, presented an application to rezone from R-9, Residential District, to O-I, Office-Institutional District, the property located on the northeast corner of West Harden Street and Wrenn Street and being as shown on Alamance County Tax Map 120-495-39.  

 

       This was a City item.

 

       Mr. Whitfield explained that Mrs. Brown was living in a rest home and needs to sell the property for her upkeep.  The only interest in the property has been for a dentist’s office.  He maintained that a professional office would be the best use of the property.

 

       Staff recommended denial of the request for rezoning.  Planning Director Harkrader reminded members that during a previous request for Conditional rezoning for a funeral home on West Harden Street, several neighbors attended the Commission meeting and City Council meeting in opposition to the request.  The neighbors stated that they did not want to see changes to the area.  Following the approval of the Conditional rezoning, City Council asked staff to make a study of the area to determine future uses.  Mr. Harkrader stated that the fact that Harden Street was a major thoroughfare makes it somewhat less attractive for residential use; however, neighbors, especially those on the south side, felt the area was an intact residential neighborhood and should remain residential.

 

       Commission Member Johnson noted that there were no neighbors present at the meeting, and Planning Director Harkrader pointed out that a rezoning sign was posted on the property.

 

       Commission Member Cobb made a motion to recommend denial of the request for rezoning.  Lynn Cowan seconded the motion.  The Commission voted unanimously to recommend denial of the request for rezoning.

 

       ITEM NO. 7: Mr. Todd Howard, Chief Financial Officer with Kayser-Roth Corporation presented an application to rezone from R-6, Residential District, to I-1, Planned Industrial District, the property located at 714 Interstate Service Road north of Hanford Road and south of Interstate 85/40 as shown on Alamance County Tax Map 6-10-1A. 

 

       This was a City item.

 

       Commission Member Black asked the reason for the rezoning request.

 

       Mr. Howard stated that the company wants the ability to expand its existing facility.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that I-1 zoning would be an appropriate extension of existing industrial zoning.

 

       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 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.  The Commission recommended that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the change.

 

       ITEM NO. 8: Withdrawn by applicant.

 

       ITEM NO. 9: Mr. Lawson Brown, representing Cox Toyota, presented an application to rezone from I-1A, Planned Industrial District, to CB, Conditional Business District, to allow for automobile sales (new and used), accessories and automobile body and fender repair.  The property is located on the south side of Danbrook Road approximately 1,765 feet east of the Mackintosh on the Lake residential subdivision entrance and shown as a portion of Alamance County Tax Map 3-26-1A. 

 

       This was an extraterritorial item.

 

       Mr. Brown stated that approximately 11 acres of the 25-acre tract were being considered for Conditional rezoning.  Cox Associates plans to construct a 45,000 square foot state-of-the-art automobile dealership.  He introduced Mr. Don Cox and Mr. Rusty Cox and pointed out that a number of employees as well as members of the general public were also present in support of the rezoning.

 

       Mr. Brown maintained that the dealership would present a minimal conflict with traffic since the primary entrance to the adjacent Mackintosh on the Lake residential development would be located on Bonnar Bridge Road that is scheduled for completion in December.  At that point, Danbrook would become a secondary road.  He stated that the proposed development would generate approximately 100 trips per day and that dealership mechanics would be mindful of going through residential areas.

 

       Mr. Brown pointed out that all Conditional uses being requested are currently allowed in I-1A zoning except for the sales of new and used cars.  Those uses already allowed in I-1A include automobile body and fender repairing, automobile parking lots and automobile repair shops.

 

       Mr. Brown stated that he and the Coxes had met with adjoining property owners who have no problems with the Conditional rezoning request, and some of those property owners were in attendance to support the item.

 

       Mr. Brown pointed out that property located to the east and owned by Wakefield Development was currently zoned for business.  He also noted that Best Buy was located across Interstate 85/40.  Mr. Brown told Commission members that the tract slopes in the back and a small stream and the low spot divide the property.

 

       Mr. Brown stated that he had met with Mr. John Myers of the Wakefield Development Company, and Mr. Myers had met with his marketing staff concerning the rezoning.  He told Mr. Myers that the proposed development would include an approximate 90-foot buffer on the southern side to serve as a transition between the dealership and the adjacent residential area and that the dealership would install state-of-the-art box lighting to prevent illumination to adjacent property.

 

       Mr. Brown disclosed that Cox Toyota has 47 employees at its current location and would add to its staff when it moves to this location, which Mr. Brown maintained was the ideal location for a car dealership. 

 

       Mr. Brown stated that he realized that at one time the City’s Land Use Plan called for a Planned Employment Center zoning for the property; however, the current market is dictating differently. 

 

       Mr. Don Cox stated that his family had been in business for 61 years and at its current location since 1971 and brings in customers from all over the area.  However, he has realized that residents in the western part of Alamance County often go to Greensboro to purchase a car.  Thus, he began searching for another location for the dealership and says he found the best location in Alamance County when he purchased this land.  He stated that he had the Corps of Engineers to assess the property before he purchased it.  Mr. Cox also stated that he studied the City’s Zoning Ordinance to see how he could go about getting the dealership developed on the property.


 

       Mr. Cox listed uses allowed in I-1A zoning from “Accessory buildings...” to “Woodworking shops” and stated that he told himself that if that’s all he wanted, he “would not be here tonight” requesting Conditional rezoning for the sale of new and used cars.  He maintained that 95 percent of what he wanted to do was already allowed on the property – the only thing that wasn’t allowed was selling new and used cars.

 

       Planning Director Harkrader stated that in the past there have been problems with car dealerships adjacent to residential areas – loud noise, speakers, lighting and test drives through neighborhoods – and that staff was also concerned about other commercial development adjacent to the multi-million dollar Mackintosh on the Lake residential development and entrance.  He pointed out that Mackintosh on the Lake already has 22 acres zoned for commercial development.  Staff was also concerned that with the construction of the new school, traffic could become a problem on Danbrook, which is only a two-lane road. Mr. Harkrader stated that the 11 acres being considered for rezoning is just a portion of the Cox property and the Coxes could possibly request additional commercial rezoning thus creating a domino effect.  He stated that staff recommended denial of the request for rezoning.

 

       Commission Member Byrd commended the Coxes for all their community efforts especially in the eastern section of town.

 

       Mr. Brown told the Commission that the dealership was willing to restrict its hours as another condition for rezoning.  He stated that sales would be restricted as follows:

 

       From 9:00 a.m. until 8:00 p.m. – Monday through Friday – sales

       From 9:00 a.m. until 6:00 p.m. on Saturday – for sales

       From 7:30 a.m. until 6:00 p.m. – Monday through Friday – service

       From 7:00 a.m. until 3:00 p.m. on Saturdays for service

 

       However, the dealership could have approximately four specials per year where the hours would be modified.

 

       Commission Member Millspaugh stated that the dealership currently has a beautiful facility and asked if the Coxes planned to keep the dealership.

 

       Mr. Cox stated that the company has plans for the current dealership, but he did not elaborate, and maintained that the site on Danbrook Road is the finest in the county.  He stated that the dealership intends to be a good neighbor.

 

       Mr. Cox stated that he had talked to Mr. Myers (Wakefield Development) about the proposed development and that he was fine with what was proposed.   Mr. Brown stated that since meeting with Mr. Myers, he had sent him a letter confirming the rezoning request but he had not heard from him.

 

       Commission Member Millspaugh asked Mr. Harkrader if staff had heard anything from Mr. Myers, and the answer was no.

 

       Commission Member Apple asked Mr. Cox how long had he owned the land on Danford Road, and Mr. Cox answered since 2001 or 2002.

 

       Commission Member Franks asked what signage was planned for the new site.  Mr. Cox stated that a 30-foot tall white sign with a red emblem visible in both directions was planned, the same as the one on site at its current location.  Mr. Franks asked if this sign would be allowed at the new site and was told that it would.

 

       Commission Member Byrd inquired about a buffer.

 

       Mr. Brown stated that a 90-foot vegetation buffer would be located on the southern side between the dealership and residential area.

 

       Mr. Cox pointed out that their property adjoins Wakefield property on the back; however, Wakefield is much lower and a stream runs through it.  He stated that therefore, a portion of the lot could not be developed.

 

       Mr. Brown showed Commission members a topographic map and indicated where the buffer was planned.

 

       Commission Member Cowan pointed out that the dealership would create a lot of impervious surface, and Mr. Brown stated that the site would be designed according to state regulations to handle the runoff.

 

       Mr. Brown stated that another development condition offered by the petitioner is that there would be no dealership traffic through the residential area including test drives and especially by dealership mechanics.

 

       Commission Member Cowan stated that she was concerned about the additional traffic and questioned the 100 trips a day generated by the dealership.

 

       Planning Director Harkrader stated he had concerns about additional requests for commercial zoning on Danbrook and with additional traffic once the new school has been completed.   He indicated that in the future, Danbrook Road would “T” into Bonnar Bridge Parkway nears its intersection with University Drive.

 

       Commission Member Cobb stated that it seems when traffic becomes a problem, the government will do something about it and build a bigger road.  He questioned if the City’s Land Use Plan was still viable.

 

       Planning Director Harkrader stated that during a recent City Council retreat, Council gave staff direction on land uses in the Western Loop area, and commercial development was not a use recommended for this property.

 

       Commission Member Johnson stated that thoughts should be given now towards the capability of handling future traffic on Bonnar Bridge Parkway, which has not yet been built.

 

       Commission Member Black directed a question to Mr. Stephen Whitfield, a realtor in the audience, and asked approximately how many homes had been sold in the Mackintosh development.  Mr. Whitfield stated approximately 30 to 35.  Mr. Black then asked him if he thought the dealership could effect the sale of homes in that area, and Mr. Whitfield answered that he did not think so.

 

       Mr. Black asked if there would be any underground storage tanks, and Mr. Cox stated that there would not be.

 

       Mr. Black stated that he thought it would be disturbing to the residential area to hear “So-and-so, Line 3” at 7 a.m. through loud speakers on the site.  He asked if the dealership could have a paging system rather than the loud intercom.

 

       Mr. Cox stated that it was already so loud on the property due to Interstate traffic, and one has to almost yell to another person in order to overcome that noise.  He stated that it was his understanding that the more expensive homes would be constructed farther away from the Interstate and that the dealership does plan to have an intercom system.

 

       Commission Member Black stated that it seems the intercom system would have to be even more intrusive to overcome the Interstate noise.

 

       Commission Member Cobb stated that he would like for the petitioner to add to the list of use conditions that there will be no outdoor paging system and no outside speakers.

 

       Commission Member Millspaugh stated that the condition would be fair to property owners no matter how much they paid for their homes.

 

       Mr. Rusty Cox, General Manager of Cox Toyota, stated that Toyota had been putting pressure on the company for more sales and the dealership is responsible for 49 employees and their families.  He pointed out the number of employees present as well as three neighbors, Ms. Kay Johnson, Mr. John Moody and Mr. Vasant Sejpal, in support of the rezoning request.  Mr. Cox stated that he would like to keep the dealership here for another 37 years.

 

       Planning Director Harkrader stated that if the Commission votes to recommend approval of the request for rezoning, he would ask that the petitioner conduct a Traffic Impact Analysis (TIA) to see how the dealership would impact the area.  Improvements would be made to road infrastructure pursuant to findings in the TIA.

 

       After conferring with his clients, Mr. Brown stated that he wished to amend the rezoning development conditions to include preparation of a TIA.

 

       Commission Member Cobb made a motion to recommend approval of the Conditional rezoning request with the use and development conditions submitted by the petitioner as well as the following four development conditions agreed to by the petitioner:

 

(1)   The petitioner will have a Traffic Impact Analysis performed regarding needed road and traffic infrastructure improvements that occur as a result of the property being developed for the proposed use.  At a minimum, these improvements will include widening of Danbrook Road in front of the facility. 

 

(2)   The dealership will adhere to the following hours except for approximately four specials during the year:

 

       9:00 a.m. until 8:00 p.m. – Monday through Friday – for sales

       9:00 a.m. until 6:00 p.m. – Saturdays – for sales

       7:30 a.m. until 6:00 p.m. – Monday through Friday – for service

       7:00 a.m. until 3:00 p.m. – Saturdays – for service

 

(3)   There will not be an outdoor paging system or speakers.

 

(4)   Neither mechanics nor new/used sales employees/customers will test-drive vehicles through the Mackintosh on the Lake residential neighborhood.


 

       Commission Member Johnson seconded the motion.  The Commission voted nine to one to recommend approval of the Conditional rezoning with the use and development conditions submitted by the petitioner and the additional four development conditions.  Voting to recommend approval were Cobb, Johnson, Byrd, Black, Cowan, Millspaugh, Apple, Enoch and Piper.  Voting against the motion to recommend approval was Franks.

 

       Commission Member Franks stated that he voted against the motion to recommend approval due to the fact that the zoning was against the long-range Land Use Plan.  He commented that it seems the Land Use Plan is dying a slow death and if staff and City Council want to change the plan, then change it.  He stated that a traffic study should have been conducted to see how this dealership, the new school and other proposed residential and commercial development would impact traffic.

 

       Planning Director Harkrader stated that a TIA (Traffic Impact Analysis) is typically conducted on the front end of a project, and that City Council should take those improvements into consideration with regard to the approval of the Conditional rezoning.

 

       The Commission voted nine to one to recommend that the official zoning map and the Comprehensive Land Use Plan be amended to reflect the change.  The following use and development conditions submitted by the petitioner in addition to the four development conditions offered by the petitioner during the meeting are as follows:

 

Use Conditions

 

1.       Automobile sales, new and used.

 

2.       Automobile accessories, sales.

 

3.           Automobile body and fender repairing conducted within a completely enclosed building.

 

Development Conditions

 

1.    The applicant, Cox Toyota, will construct an approximate 45,000 square foot automobile dealership building with Interstate highway visibility on approximately 11 acres of property off Danbrook Road.

 

2.    The location of the dealership will present minimal conflict with the traffic flow in and out of the adjacent Mackintosh on the Lake development insofar as the primary entrance to Mackintosh on the Lake will be located on the future Bonnar Bridge Road scheduled for completion on December 31, 2006, thereby rerouting traffic away from Danbrook Road.

 

3.    The site would include an approximate 90-foot vegetation buffer on the southern side to serve as a transition between the dealership and the adjacent residential use.

 

4.    The site will utilize state-of-the-art box lighting to focus illumination onto the dealership lot thereby preventing lighting on adjacent properties.

 

5.    Plans for the project provide for all impervious surface runoff to be handled in strict accordance with local, state and federal law so as not to create a nuisance to neighboring landowners.

 

6.    All other items shown on the proposed site plan shall be incorporated herein by reference as if fully set forth herein.

 

7.    The dealership will pay for the widening of Danbrook Road in front of its facility.

 

8.    The dealership will adhere to the following hours except for approximately four specials during the year:

 

       9:00 a.m. until 8:00 p.m. – Monday through Friday – for sales

       9:00 a.m. until 6:00 p.m. – Saturdays – for sales

       7:30 a.m. until 6:00 p.m. – Monday through Friday – for service

       7:00 a.m. until 3:00 p.m. – Saturdays – for service

 

9.    There will not be an outdoor paging system or speakers.

 

10.   Neither mechanics nor new/used sales customers will test-drive vehicles through the Mackintosh on the Lake residential neighborhood.

 

11.   One pole sign 30 feet in height would be placed on the site.

 

       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. 10: Mr. Lawson Brown, representing Chandler Concrete, Inc., presented an application to amend permitted uses allowed in a Conditional Industrial (CI) District.  The request is to allow the placement of a concrete batch manufacturing plant and additional manufacturing on property located on the east side of Huffman Mill Road approximately 1,900 feet south of University Drive as shown on Alamance County Tax Map 3-23-35. 

 

       This was an extraterritorial item.

 

       Mr. Brown introduced the petitioner, Mr. Ted Chandler.

 

       Mr. Brown listed the use and development conditions presented on the rezoning application form and stated that the additional permitted use would constitute approximately 22 trips per day.

 

       Staff recommended approval of the request to amend permitted uses allowed in the Conditional Industrial District with the use and development conditions submitted by the petitioner and as shown on the submitted site plan.

 

       Commission Member Cobb made a motion to recommend approval of amending the permitted uses allowed in the Conditional Industrial District with the use and development conditions submitted by the petitioner.  John Black seconded the motion.  The Commission voted unanimously to recommend approval of amending the permitted uses permissible in the Conditional Industrial District to allow the placement of a concrete batch manufacturing plant at the site on Huffman Mill Road with the following use and development conditions submitted by the petitioner:

 

Use Condition

 

Placement of a concrete batch manufacturing plant as shown on a submitted site plan in addition to the previously approved uses: manufacturing, compounding, assembling or treatment of articles or merchandise from other previously prepared materials such as bone, feathers, felt, fiber, fur, glass, etc.

 

Development Conditions

 

1.    The applicant is proposing to amend the current permitted uses allowed in Conditional Industrial zoning to include the placement of a concrete batch manufacturing plant.

 

2.    The proposed site plan incorporates January 19, 2006, Technical Review Committee comments regarding the need for a single entrance to the site accessible by tractor-trailer and aligned with the entrance to the Martin Marietta quarry across Huffman Mill Road.

 

3.    A landscaping plan complying with current City landscaping regulations shall be submitted with the construction plans.

 

4.    The site will include 50-foot buffers on the southern and western borders.

 

5.           Operational hours will be from 8:00 a.m. until 5:00 p.m., and traffic in and out of the site will be evenly distributed throughout each day.

 

6.    All other items shown on the submitted site plan shall be incorporated herein by reference as if fully set forth herein.

 

       ITEM NO. 11: Staff presented proposed amendments to Section 32.13:M.2. of the City of Burlington Zoning Ordinance text pertaining to townhouse development regulations.

 

       This was a City and extraterritorial item.

 

       Staff recommended that the amendments be approved.  Planning Director Harkrader stated that the amendments would be to the townhouse development dimensional requirements table.  The main change would be to the minimum distance allowed between townhouses.  He stated that previously there was a minimum distance in feet between townhouse building groups, and the amendment states that “the distance between detached townhouses, whether they are buildings with multiple units or individual structures, shall be determined by the requirements of the North Carolina Residential Building Code.”

 

       Commission Member ­­­­­­­­­­­­­Franks made a motion to recommend approval of the amendments. Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the following amendments:

 

 

       There being no further business to discuss, the meeting was adjourned at 8:50 p.m.

 

 

 

 

              ________________________________________

                          George A. Byrd, Jr., Chairman

 

 

                  

 

 

              ________________________________________

                           Paul E. Cobb, Jr., Secretary