View Other Items in this Archive | View All Archives | Printable Version

 

BURLINGTON PLANNING AND ZONING COMMISSION

 

May 22, 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, Absent

John Black, Present                   Richard Franks, Present

Lynn Cowan, Present                   Jim Johnson, Absent

Elder Greg Hargrave, Present                   Ellis Piper, Present

Gordon Millspaugh, Absent                   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 7:01 p.m.

 

       ITEM NO. 2: Minutes of the meeting held April 24, 2006, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM NO. 3: Consent agenda:  (City)

 

(A)   Mr. Robert Grill with Boswell Surveyors, Inc., presented an application for final plat approval of the Vantage South Bank Sanitary Sewer Easement.  The easement is located on the north side of South Church Street at the northwest corner of Westbrook Drive as shown on plans by Boswell Surveyors, Inc., dated April 10, 2006.

 

(B)   Mr. Brent Cockrum with Fleming Engineering, Inc., representing Price Holdings Limited Partnership, presented an application for preliminary plan approval of the Courtyards at Holly Ridge Townhomes.  The property is located on the east side of Forestdale Drive approximately 150 feet south of Commerce Place as shown on plans by Fleming Engineering, Inc., dated March 29, 2006, and containing 105 lots.

 

(C)   Mr. Brent Cockrum with Fleming Engineering, Inc., representing Mr. Jimmy Collins, Concept Builders, presented an application for final plat approval of Phase 6, Abbington Place Townhomes.  The property is located on University Drive approximately 1,000 feet north of the intersection of Rural Retreat Road as shown on plans by Fleming Engineering, Inc., dated May 3, 2006, and containing six lots.


 

(D)   Mr. Lawson Brown with Vernon, Vernon, Wooten, Brown, Andrews and Garrett, P.A., representing CBL and Associates, presented an application for final plat approval showing the right-of-way dedication (cul-de-sac) and abandonment of a portion of Westview Terrace.  The property is located southwest of Garden Road and north of Fairview Drive as shown on plans by MSS Land Consultants dated June 15, 2005.

 

(E)   Mr. Michael Hughes, representing Mr. Wade Williamson, was scheduled to present an application for final plat approval of Phase 2 of the Waterford Subdivision.  The property is located on the west side of University Drive approximately 1,500 feet south of South Church Street (US Highway 70) as shown on plans by Michael Hughes dated May 5, 2005, and containing 44 lots. No one was in attendance to present the application.  Commission Member Cobb made a motion to consider this item at the end of the meeting.  John Black seconded the motion.  The Commission voted unanimously to consider this item at the end of the meeting.  At the end of the meeting, Mr. Frank Longest stated that he had talked to Mr. Wade Williamson by telephone, and Mr. Williamson apologized to the Commission for a representative not being present.  Mr. Longest stated that Mr. Williamson requested that the Commission consider the final plat.  Staff recommended approval of the final plat. Commission Member Cobb made a motion to recommend approval of the plat.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of (E).

 

       Staff recommended approval of (A), (B) and (C) and recommended approval of (D) 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) and (C); to approve (B); and to recommend approval of (D) with the contingency outlined by staff. Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend (A) and (C); to approve (B); and to recommend approval of (D) contingent upon completion of street construction or the applicant posting proper surety with the City Engineering Department prior to recording the plat.

 

       Consent agenda:   (Extraterritorial)

 

(F)   Mr. Kenneth White presented an application for final plat approval of the Glen Meadows Subdivision.  The property is located on the southeast corner of West Old Glencoe Road and Lakeside Avenue Extension as shown on plans by Carolina Cornerstone Surveying and Land Design dated June 20, 2005, and containing 10 lots. 

 

       Staff recommended approval of (F).

 

       Commission Member Apple made a motion to recommend approval of (F). Richard Franks seconded the motion.  The Commission voted unanimously to recommend approval of (F).

 

       Consent agenda:  (City and Extraterritorial)

 

(G)   Mr. Brent Cockrum with Fleming Engineering, Inc., representing Waterfalls, LLC, presented an application for preliminary plan approval of the Waterfall Townhome Development.  The property is located southwest of the intersection of Longpine Road and White Oak Drive as shown on plans by Fleming Engineering, Inc., dated November 30, 2005, and containing 77 lots.

 

       Staff recommended approval of (G).

 

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

 

       Commission Member Piper made a motion to approve (G). Greg Hargrave seconded the motion.  The Commission voted unanimously to approve (G). Mr. Cobb abstained from voting.

 

       ITEM NO. 4: Mr. Gene Mustin, representing BV Associates I, LP, presented an application to rezone from B-1, Neighborhood Business District, to CB, Conditional Business District, to allow for a commercial parking lot.  The property is located at the northwest corner of Sykes Street and O’Neal Street as shown on Alamance County Tax Map 101-433-18.

 

       This was a City item.

 

       Mr. Mustin stated that this would be an extension of the existing parking lot and that the property located west would remain in tact.

 

       Commission Member Cowan asked if staff had received any calls regarding the rezoning request.  Zoning/Subdivision Administrator Cloud stated that he had received a call from someone at the adjacent hair salon inquiring about the rezoning sign.  The inquirer did not express an opinion concerning the rezoning request.

 

       Staff recommended approval of the request for rezoning with the Use and Development Conditions and site plan submitted by the petitioner.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning with the Use and Development Conditions submitted by the petitioner.  John Black 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

 

Property to be developed as a parking lot.

 

Development Conditions

 

There shall be no setback requirements along the western property line.

 

       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 and Associates, presented an application to rezone from R-15, Residential District, to CB, Conditional Business District, to allow for uses consistent with those in the Alamance Crossing Conditional rezoning that was approved by the Burlington City Council on April 20, 2004.  The property is located at 3330 Garden Road as shown on Alamance County Tax Map 3-19-3.

 

       This was an extraterritorial item.

 

       Mr. Brown stated that the 1.05-acre tract is located across from Allen Tate Realty and would be integrated into the Alamance Crossing development.  In addition, Mr. Brown stated that the tract would be annexed into the City and that the petitioners request that this be added to the submitted Development Conditions.

 

       Commission Member Franks stated that he had a question about No. 2 under Use Conditions which states that the “single-family residence to be demolished and land left vacant” when the project is complete.  He asked if the land would be left vacant or would it be incorporated into the development at a future date.

 

       Planning Director Harkrader stated that it was his understanding that the residence would be used as construction housing until completion of the development after which time the residence would be demolished and the land would become part of the development.

 

       Mr. Brown stated that this was correct and requested that the “land left vacant” be removed from the Use Conditions.

 

       Mr. Franks asked Mr. Harkrader if this rezoning was setting a precedent since commercial zoning had turned the corner and was now coming up the road.

 

       Mr. Harkrader stated that he anticipated other Conditional rezoning requests that would tie in with the shopping center development in the future.  He explained that there should not be any B-2 zoning and that buffers between the commercial development and residential areas would be restrictive.  In addition, he stated that staff would investigate road improvements on Garden Road.

 

       Staff recommended approval of the request for rezoning with the Use and Development Conditions submitted by the petitioner.

 

       Commission Member Franks made a motion to recommend approval of the request for rezoning with the Use and Development Conditions submitted by the petitioner.  Paul Cobb 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 Conditions

 

1.    Single-family residence to be used for Alamance Crossing project construction housing until the completion of project construction.

 

2.    Single-family residence to be demolished following completion of Alamance Crossing construction project.

 

3.    The present rezoning application seeks to amend the current Conditional Business (CB) zoning to allow for the above-referenced permitted uses.

 

Development Conditions

 

1.    All conditions set forth in the approved Conditional Business zoning for CBL and Associates Properties, Inc., and Alamance Crossing, LLC, as approved April 20, 2004, and amended June 7, 2005, July 19, 2005, and April 18, 2006, shall remain in effect.

 

 

 

 

 

2.    Any future development of present property shall be subject to review by the City’s Technical Review Committee.

 

3.    This lot to be annexed into the City along with other property not already annexed.

 

       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. Lawson Brown, representing CBL and Associates, presented an application for an amendment to the Alamance Crossing Conditional rezoning that was approved by the Burlington City Council on April 20, 2004.  The request is to allow a minimum of one parking space per 250 square feet of floor space development.  The property is located east of University Drive, south of Garden Road, west of Westview Drive and south, east and west of St. Mark’s Church Road as shown on Alamance County Tax Map 3-19, Lots 3, 33, 34, 35 and 53; Alamance County Tax Map 3-24, Lots 1, 1A, 2, 2C, 2D, 2E, 2F, 2H, 2J, 2K, 2M, 2N, 2P, 2Q, 3, 5 and 8; Alamance County Tax Map 3-25-144; and Alamance County Tax Map 3-26, Lots 3, 5, 56 and 57.

 

       This was a City item.

 

       Mr. Brown stated that the amendment is needed in order to adjust parking spaces to accommodate the campus-style design of the development.

 

       Commission Chairman Byrd asked how many parking spaces did Mr. Brown foresee in the development and was told approximately 1,200 that would cover approximately 100 acres.

 

       Commission Member Cobb asked where would the first phase of the project begin and was told on the eastern side toward the Marriott.

 

       Staff recommended approval of amending the Use Conditions to allow one parking space per 250 square feet of floor space development.

 

       Commission Member Cobb made a motion to recommend approval of amending the Use Conditions.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of amending the Use Conditions to allow a minimum of one parking space per 250 square feet of floor space development.  All previously approved Use and Development Conditions will remain in effect.

 

       ITEM NO. 7: Mr. Robert Grill with Moser Mayer Phoenix Associates, P.A., representing Dr. Beth Powell, presented an application to rezone from R-15, Residential District, to C-OI, Conditional Office-Institutional District, to allow for a conference center.  The property is located on the north side of York Road approximately 850 feet west of Briarcliff Road as shown on Alamance County Tax Map 3-11, Lots 5 and 5B. 

 

       This was a City item.

 

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


 

 

 

       Mr. Grill displayed an architectural drawing of the area depicting established gardens and those proposed.  He stated that the road, Warren Place, would be closed and a guardhouse erected.  The proposed conference center would be available for weddings, corporate and club meetings, etc., and tents could be set up for special events.  He stated that events would be catered initially; however, plans are to convert the garage into a professional kitchen. 

 

       Mr. Grill stated that he had a letter from Dr. Jim Powell giving permission for the use of adjoining land for additional parking.

 

       He introduced Dr. Beth Powell, who was available for questions.

 

       Commission Member Ware stated that it was his understanding that there was a weak water flow in the area and asked when would proposed plans be submitted to the Fire Department.

 

       Planning Director Harkrader stated that water lines increasing pressure had been upgraded in the area and Assistant Fire Chief Mike Willets as well as other staff had reviewed the proposed plans and found the water system to be adequate.

 

       Staff recommended approval of the request for rezoning with the Use and Development Conditions and site plan submitted by the petitioner contingent upon Warren Place being abandoned.  Planning Director Harkrader stated that staff’s only concerns were access and adequate on-site parking, both of which had been addressed.

 

       Commission Member Black made a motion to recommend approval of the request for rezoning with the Use and Development Conditions and site plan submitted by the petitioner and with the contingency outlined by staff.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning contingent upon the abandonment of Warren Place.  In addition, the Commission voted unanimously 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 have been submitted by the petitioner:

 

Use Conditions

 

The following uses shall be permitted in the C-OI District: conference center developed pursuant to the submitted site plan to include the following: offices, dining assembly areas, on-site bakery, catering services, on-site lodging within the existing structure, dwelling for caretaker, and single-family residence.

 

Development Conditions

 

1.    A ten-foot high fence shall be constructed along the front and east side of the properties.  The fence shall be black iron picket with brick columns.

 

2.           Initially, landscaping shall consist of existing plus landscaping shown on the submitted sketch plan.  Owners may add additional landscaping in the future.

 

3.    Warren Place shall be permanently closed and the right-of-way abandoned.


 

 

 

 

 

 

4.           Overflow parking shall be available on adjoining property and shall be used as necessary to accommodate large events.  Letter stating the availability of the adjoining property for overflow parking has been submitted to staff and included in the rezoning application folder in the Burlington Planning Department.

 

       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

 

 

 

 

 

              ________________________________________

                          Paul E. Cobb, Jr., Secretary