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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

February 2, 2004

(postponed from January 26, 2004)

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                                EXTRATERRITORIAL MEMBERS:

 

George Byrd, Secretary, Present                          Bud Apple, Present

Jim Burwell, Present                                            John Enoch, Present

Paul Cobb, Present                                               Celo Faucette, Present

Elder Greg Hargrave, Present                               Gale Fletcher, Present

Gordon Millspaugh, Present                                Richard Franks, Present

                                                                             Ellis Piper, Absent

 

STAFF PRESENT:

 

Russ Smith, Assistant Director of Planning Services

John Emerson, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant

 

 

       ITEM NO. 1: Commission Secretary Byrd, acting Chairman, called the meeting to order at 7:02 p.m. Former Chairman Don Starling resigned from the Commission as he was appointed to the Burlington City Council. 

 

       ITEM NO. 2: Minutes of the meeting held December 15, 2003, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM NO. 3: Consent agenda: 

 

(A)   Mr. Franz Holt, representing Windsor Investments, presented an application for preliminary plan approval of the Park Village Subdivision.  The property is located at the southwestern corner of Springwood Church Road and Whitsett Park Road as shown on plans by Alley, Williams, Carmen and King, Inc., dated December 17, 2003, and containing 64 lots.

 

(B)   Mr. Franz Holt, representing SSJ of Alamance, LLC, presented an application for preliminary plan approval of the Springwood at the Park Subdivision.  The property is located at the southwestern corner of Springwood Church Road and Whitsett Park Road as shown on plans by Alley, Williams, Carmen and King, Inc., dated November 21, 2003, and containing five lots.

 

(C)   Mr. Franz Holt, representing Wakefield Development Company, presented an application for preliminary plan approval of the Mackintosh on the Lake Subdivision.  The property is bounded by Interstate 85/40, St. Mark's Church Road, Lake Mackintosh and Springwood Church Road as shown on plans by Alley, Williams, Carmen and King, Inc., dated December 16, 2003, and containing 20 lots.

 

       These were City items.

 

       Mr. Tom Boney with the Alamance News asked if the preliminary plan on (C) included the entire tract or part.  Mr. Holt explained that the larger tracts will eventually be subdivided and this preliminary plan is consistent with the zoning sketch plan.

 

       Staff recommended approval of (A), (B) and (C) contingent upon all engineering details being submitted and approved by the City Engineering Department prior to commencing construction.

 

       Commission Member Cobb made a motion to approve the three items with the contingencies outlined by staff.  Jim Burwell seconded the motion.  The Commission unanimously approved (A), (B) and (C) contingent upon all engineering details being submitted and approved by the City Engineering Department prior to commencing construction.

 

Consent agenda: 

 

(D)   Mr. Jeff Wyrick presented an application for final plat approval of the Sunset Heights Subdivision.  The property is located at the southwestern intersection of Pride Avenue and Melrose Drive as shown on a plat by Carolina Cornerstone Surveying and Land Design dated November 18, 2003, and containing two lots.

 

(E)   Mr. Carl Buckland presented an application for final plat approval of the Northfield Development Company, Inc., Subdivision.  The property is located on the southern side of West Old Glencoe Road and to the east of Burch Bridge Road as shown on a plat by Glenn Lee Brown dated November 15, 2003, and containing one lot and remaining acreage on Alamance County Tax Map 12-50-12.

 

(F)   Mr. Mark Reich, representing SNA Properties, presented an application for final plat approval of Section 3 of the SNA Properties Subdivision.  The property is located on the northern side of Anthony Road and to the east of Tucker Street as shown on a plat by Alley, Williams, Carmen and King, Inc., dated December 26, 2003, and containing three lots.

 

       These were extraterritorial items.

 

       Mr. Carl Buckland asked that he be allowed to explain why (E) was not submitted to the Commission for its December meeting.  He stated that on December 1 he called Mr. Emerson and requested that an application be faxed to him and was told that he had missed the deadline for submitting items for the December meeting.  He stated that it was his understanding that the deadline for submitting items for the agenda was 10 working days prior to the meeting.  He stated that this was just another example of the City’s exemptitory (sic) way of doing things.  He also eluded to an Alamance News interview with Commission Member Fletcher and presented Mr. Fletcher with a box front from Cherrios cereal.  He stated that the City’s action regarding the agenda deadline sparked a questionnaire that he distributed to Commission members with copies to staff as well as others in the Council Chamber.

 

       Acting Commission Chairman Byrd stated that due to the fact that the City and Mr. Buckland are involved in legal deliberations, it would be inappropriate for Commission members to respond to Mr. Buckland’s questionnaire.  He told Mr. Buckland that he should discuss the agenda item only.

 

       Mr. Buckland asked Commission members how many of them looked at the property being considered on the agenda that evening and questioned if they really knew what was going on.

 

       Commission Member Apple stated that he normally looks at every property on the agenda; however, this time he was unable to do so.

 

       Mr. Buckland questioned how could Commission members vote on an item without ever looking at the property.

 

       Commission Member Enoch stated that he did not appreciate Mr. Buckland questioning Commission members’ integrity, that this was not a court of law and that Mr. Buckland had no right to question the Commission as he was doing.

 

       When the discussion became more intense, Commission Member Cobb made a motion that Mr. Buckland be removed from the meeting.  Jim Burwell seconded the motion.

 

       Mr. Boney questioned meeting procedures that allowed the Commission to remove Mr. Buckland from the meeting.

 

       Commission Member Burwell explained that he believed the Commission has the power to remove someone from the meeting when there is a disruptive force that prevents the Commission’s business from being conducted.

 

       Commission Member Millspaugh stated that Mr. Buckland’s comments were not appropriate and that he had made notes on his agenda regarding (E).  He stated that he had determined that if he did not get a satisfactory answer from Mr. Buckland, that he had planned to recommend denial of the final plat.   Mr. Millspaugh asked if the lot could be served by City sewer.

 

       Mr. Buckland stated that he had donated land to the church for a sewer easement and that the church will in turn give him access to sewer.

 

       Commission Member Millspaugh stated that he did not want to vote on Mr. Buckland being removed from the meeting unless he made more allegations against Commission members.

 

       Commission Member Franks asked if both lots could be served when sewer is extended and was told that they both could be served.

 

       Commission Member Millspaugh asked if it were provided in writing that the church will give Mr. Buckland access to sewer and at whose expense.

 

       Zoning/Subdivision Administrator Emerson informed the Commission that there is a written document in the folder stating that sewer will be extended within 12 months at the expense of the church and that Mr. Buckland will have access to the sewer line.

 

       Staff recommended approval of (D), (E) and (F).

 

       Commission Member Franks made a motion to recommend approval of the three items. Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of (D), (E) and (F).

 

       ITEM NO. 4: Mr. Glenn Patterson was scheduled to present an application to rezone from R-15, Residential District, to B-2, General Business District, the property located on the northwestern corner of South Church Street and Engleman Avenue and being as shown on Alamance County Tax Map 12-18, a portion of Lot 64-A.  The majority of the lot is already zoned B-2, General Business District.

 

       This was a City item. 

 

       Mr. Patterson requested that the application be withdrawn for further study.

 

       Commission Member Cobb made a motion to allow Mr. Patterson to withdraw the application.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to allow Mr. Patterson to withdraw the application for rezoning for further study.

 

 

       There being no further business to discuss, the meeting was adjourned at 7:20 p.m.

 

 

      

 

 

                                                                   ___________________________________________

                                                                   George A. Byrd, Jr., Acting Chairman