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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

May 24, 2004

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                                              EXTRATERRITORIAL MEMBERS:

 

George Byrd, Chairman, Present                                          Bud Apple, Present

Jim Burwell, Secretary, Present                                            John Enoch, Present

Paul Cobb, Present                                                                 Celo Faucette, Present

Lynn Cowan, Present                                                            Richard Franks, Present

Elder Greg Hargrave, Present                                               Ellis Piper, Absent

Gordon Millspaugh, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

John Emerson, Zoning/Subdivision Administrator

Jeff Triezenberg, GIS Administrator

Kurt Pearson, Planner II

 

 

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

 

         ITEM NO. 2: Minutes of the meeting held April 26, 2004, were unanimously approved.  This was a City and extraterritorial item.

 

         ITEM NO. 3Consent agenda:  (Extraterritorial)

 

(A)    Mr. Dan Paxson, Engineer, representing Mr. Don Williamson, presented an application for preliminary plan approval of the Spence Street Subdivision.  The property is located on the west side of Spence Street and to the north of Elm Street as shown on preliminary plans by Carolina Cornerstone Surveying dated May 6, 2004, and containing 18 lots.

 

         Staff recommended approval of the preliminary plan contingent upon all engineering details being submitted to the City of Burlington Engineering Department and approval of same by the City Engineering Department prior to beginning construction.

 

         Commission Secretary Burwell ­­­­ made a motion to approve the preliminary plan with the contingency outlined by staff.  Bud Apple seconded the motion.  The Commission voted unanimously to approve the preliminary plan contingent upon all engineering details being submitted to the City of Burlington Engineering Department and approval of same by the City Engineering Department prior to beginning construction.

 

         ITEM NO. 4: Mr. Warren Riley presented an application to rezone from O-I, Office-Institutional District, to B-2, General Business District, the property located on the southern side of South Church Street (1052 South Church Street) and to the east of Carolina Avenue and being as shown on Alamance County Tax Map 19, Block 64, Lot 12.  This item was tabled by the Commission at its April meeting because the petitioner was not present.

 

         This was a City item.

 

         Mr. Riley pointed out that surrounding property is already zoned B-2.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that B-2 would be an appropriate extension of existing zoning.

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning.  Paul Cobb 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.                                              

 

         ITEM NO. 5: Mr. Frederick Womble, representing Sprint PCS, presented an application to rezone from I-2, Light Industrial District, to CI, Conditional Industrial District, the property located on the northeastern side of West Webb Avenue (1247 West Webb Avenue) and north of the intersection of Tarleton Avenue and being as shown on Alamance County Tax Map 77, Block 335, a portion of Lot 205.  The request is to allow a 145-foot monopole telecommunications tower and related equipment. 

 

         This was a City item.

 

         Mr. Womble stated that the two-acre parcel at 1247 West Webb Avenue is owned by Benjamin and Lucinda Bridgers who have agreed to lease Sprint PCS 700 square feet for the tower and related equipment.  Access to the site will be achieved by an existing curb cut on West Webb Avenue, and an eight-foot wooden fence will enclose the area.

 

         Mr. Womble informed the Commission that the telecommunications tower will serve Sprint customers in northwest Burlington and in the Glen Raven area and that there was not another tower in that area where Sprint could co-locate.  He stated that he had investigated a site at the Elmira Community Center; however, the site failed to meet Sprint’s coverage needs in the eastern portion of the City.  Mr. Womble stated that Sprint would provide fall zone documentation prior to obtaining a building permit.  He introduced Ms. Shante Chavis, Radio Frequency Engineer with Sprint, who was available for questions.

 

         Commission Chairman Byrd asked if the proposed tower meets FAA regulations and was told that it did. 

 

         Planning Director Harkrader stated that the tower would not be in the Burlington Airport Authority’s flight pattern.

 

         Commission Member Cowan asked how far away was the Sprint tower that was recently approved for construction on Glencoe Road.

 

         Mr. Womble stated that the Glencoe Road tower would be four to five miles from this site.

 

         Commission Member Faucette asked if Sprint couldn’t co-locate on the tower already constructed near Glen Raven.   He stated that the tower had been there for years and that he did not want to see another tower being constructed if it wasn’t absolutely necessary.  He pointed out that the tower is located near the Highway 100 and Highway 87 split and close to the railroad overpass.

 

         Mr. Womble and Ms. Chavis stated that they were not familiar with that tower.  Staff also stated that they could not recall the City approving a telecommunications tower at that site.  Commission Member Cobb stated that the tower being discussed was a Southern Bell tower.

 

         Mr. Cobb inquired about the distance between towers needed for adequate coverage.

 

         Ms. Chavis stated that within the City, one-half to one and one-half miles between towers is necessary and two to four miles outside the City.

 

         Mr. Womble stated that Sprint plans to construct a tower in Elon, and this tower would provide coverage in between the Burlington area and Elon.  He also stated that the monopole would be designed to accommodate multiple wireless communications carriers.

 

         Planning Director Harkrader stated that Sprint had pursued several sites and this site would provide adequate coverage for customers.  He stated that staff recommended approval of the request for rezoning contingent upon the applicant providing fall zone documentation as required by the Zoning Ordinance prior to the issuance of a building permit.

 

            Commission Member Cobb made a motion to recommend approval of the request for rezoning with the contingency outlined by staff.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning contingent upon the applicant providing fall zone documentation as required by the Zoning Ordinance prior to the issuance of a building permit.

 

         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. Jimmy Collins presented an application to rezone from I-2, Light Industrial District, to R-6, Residential District, the property located to the west of Maple Avenue, to the east of Turrentine Street and the extension of the Arden Crossing Development and being as shown on Alamance County Tax Map 113, Block 466, a portion of Lot 100. 

 

         This was a City item.

 

         Mr. Collins informed the Commission that he is co-owner of PJL, developers of the Arden Crossing Development.  He stated that PJL would like to have the property rezoned for the extension of Arden Crossing. 

 

         Commission Member Cobb asked about the size and cost of the proposed homes.  Mr. Collins stated that the homes would range from 950 to 1,200 square feet in size and cost from $92,000 to $112,000.  Mr. Collins pointed out that the development would be featured next month in the NC Homebuilders Association’s magazine.

 

         Mr. Cobb inquired about the size of the lots.  Zoning/Subdivision Administrator Emerson stated that the lots will meet R-6 zoning standards and will typically have 50 feet road frontage and be 120 feet deep and will be affected by severe topographic conditions.

 

         Commission Member Millspaugh asked what school zone is the development located and was told Cummings and Newlin.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that the request would be an appropriate extension of existing R-6 zoning.

 

         Commission Chairman Byrd and Mr. Millspaugh both commended Mr. Collins on the development. Commission Member Cowan also complimented Mr. Collins on the landscaping found in Arden Crossing.

 

         Mr. Collins stated that all his company can do is to build the houses; buyers have to make them into homes.

 

         Commission Member Cobb stated that he would like to go on record and to have recorded in the Commission minutes that the Commission does approve affordable housing in spite of being accused otherwise.  He made a motion to recommend approval of the request for rezoning. Greg Hargrave 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.                                              

 

         ITEM NO. 7: Mr. Jay Burke presented an application to rezone from B-2, General Business District, and MF-A, Multifamily District, to B-2, General Business District, and R-6, Residential District, the property located to the southwest of East Webb Avenue and on the northern side of Flushing Street and being as shown on Alamance County Tax Map 41, Block 164, Lot 16. 

 

         This was a City item.

 

         Mr. Burke informed the Commission that he had a contract with the Kent Conklin estate to purchase the property.  He stated that he plans to construct six to seven small homes ranging in size from 1,000 to 1,300 square feet.  He indicated that he also plans to refurbish some of the retail shops that face Webb Avenue.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader explained that the property fronts on Flushing Street and R-6 zoning would be consistent with existing zoning densities in the area.

 

         Commission Member Cobb commented that this was the second group of affordable housing being approved by the Commission.  He made a motion to recommend approval of the request for rezoning.  Jim Burwell 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.                                              

 

         ITEM NO. 8: Mr. Wade Williamson presented an application to rezone from R-12, Residential District, to O-I, Office-Institutional District, the property located on the south side of South Church Street and west of the Western Loop and being as shown on Alamance County Tax Map 3-27, a portion of Lot 7.  The northern-most portion of this lot is already zoned O-I. 

 

         This was a City item.

 

         Commission Secretary Burwell asked that he be recused from voting on this item as he owned adjacent property.  Commission Member Cobb made a motion to recuse Mr. Burwell from voting.  Greg Hargrave seconded the motion.  The Commission voted unanimously to allow Mr. Burwell to abstain from voting.

 

         Mr. Williamson stated that he was available for questions.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that there was not a problem with median cuts with NCDOT and that O-I zoning should not generate any more traffic than R-12.

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning.  Paul Cobb 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.                                              

 

         ITEM NO. 9: Mr. Wade Williamson presented an application to rezone from R-15, Residential District, to O-I, Office-Institutional District, the property located on the south side of South Church Street (3930 South Church Street) and to the west of the Western Loop and being as shown on Alamance County Tax Map 3-27, Lot 8-A. 

 

         This was an extraterritorial item.

 

         Mr. Williamson informed the Commission that this was a one-acre lot owned by Mr. Burwell.

 

         Commission Member Burwell asked that he be recused from voting on the item.  Commission Member Franks made a motion to recuse Mr. Burwell.  Paul Cobb seconded the motion.  The Commission voted unanimously to allow Mr. Burwell to recuse himself from voting on the item.

 

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

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning.  Paul Cobb 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.                                              

 

         ITEM NO. 10: Mr. Tim Dockery presented an application to rezone from R-15, Residential District, to B-2, General Business District, the property located at the intersection of Danbrook Drive and the Western Loop and being as shown on Alamance County Tax Map 3-23, Lot 67. 

 

         This was an extraterritorial item.

 

         Mr. Dockery informed the Commission that he is a developer from Surry County and that he had purchased the property from the Whitesells, Isleys and Schmidts.  He stated that he had met with Planning and Engineering concerning the development of the three acres. He pointed out that the property is surrounded by the Interstate off-ramp, Western Loop and Danbrook Drive and that he plans to develop it for two businesses such as restaurants.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that the Land Use Plan provides for commercial development in this area, and B-2 zoning would be consistent with nearby zoning.

 

         Commission Members Apple and Cowan commented that they had not seen a rezoning sign on the property.

 

         Zoning/Subdivision Administrator Emerson stated that there is a sign posted on the property because he had received a call from someone that had seen the sign and was inquiring about the rezoning.

 

         Commission Member Cobb asked why was the request for B-2 rather than Conditional zoning.

 

         Planning Director Harkrader stated that the applicant requested B-2 zoning and that staff agreed that B-2 zoning would be consistent with other zoning in the area.

 

            Commission Member Cowan also questioned B-2 zoning as it would allow adult video stores or cabarets.

 

         Mr. Harkrader explained that uses such as that would have to meet other criteria before being approved.

 

         Commission Member Burwell asked Mr. Emerson if the caller inquiring about the rezoning expressed any opinion and was told that the caller did not.

 

         Commission Member Franks 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.

 

         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.                                              

 

         Mr. Dockery requested to make one last comment.  He stated that he wanted to commend Mr. Harkrader and Mr. Emerson and all the Planning staff for their help and complimented them on their professionalism.

 

         Mr. Wade Williamson, applicant of Items 8 and 9 on the agenda, stated that he, too, wanted to commend staff for their help and professionalism.

 

         ITEM NO. 11: Mr. Bob Dishinger with Evans Engineering, representing D. R. Horton, Inc., presented an application to rezone from R-12, Residential District, to CR, Conditional Residential District, the property located on the eastern side of Springwood Church Road and the City of Burlington Springwood Park and on the western side of Springwood Church Road and adjacent to Springwood Park and being as shown on Guilford County Tax Map ACL-2-80, Block 49, Lots 2, 21, 22, 23 and 26.  The request is to allow 70 detached  single-family residential lots and 91 multifamily residential units. 

 

         This was a City item.

 

         Mr. Dishinger pointed out that Ms. Pam Anderson was also present to answer questions.

 

         Mr. Dishinger stated that he realizes that the development will be located on a minor thoroughfare and therefore improvements may be made to the road at a later time.  He stated that D. R. Horton, Inc., would work with the state to provide additional right-of-way if that should be warranted.

 

         Mr. Dishinger stated that the company has been sensitive to the stream running through the proposed development.  By way of a display of the proposed development, he pointed out that the 70 single-family residential lots will be located on one side of the stream, and the multifamily residential units on the other. There will also be a 100-foot stream buffer, and the steeper slopes will provide common areas.  He also explained that the company has designed the development to save as many trees as possible, two areas in particular, and there will be sidewalks and trails, a pedestrian access to Springwood Park and three entrances into the development.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that there were a number of issues that were resolved, including access to the development.

 

         Commission Member Faucette questioned where would children from the 161 proposed homes go to school.

 

         Mr. Harkrader stated that the development is located in Guilford County.

 

         Mr. Faucette commented that if parents paid, children would be able to go to Burlington/Alamance County schools.

 

         Commission Member Millspaugh stated that would only be possible if space was available, and there is no space available.

 

         Mr. Millspaugh asked if staff had talked to Gibsonville officials since this development backs up to the town’s jurisdiction.

 

         Zoning/Subdivision Administrator Emerson stated that staff had not because the abutting property in Gibsonville has a higher density than what the City allows.

 

         Commission Chairman Byrd asked the size of the homes and townhouses.  Ms. Anderson stated that the proposed homes would range in size from 1,000 to 3,000 square feet and the townhouses from 1,100 to 1,600 square feet.  The single-family homes will more than likely be no larger than 2,500 square feet.

 

         Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh 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.                                              

 

         ITEM NO. 12: Mr. Lee Isley was scheduled to present an application to rezone from O-I, Office-Institutional District, to CB, Conditional Business District, the property located at the northwestern corner of South Mebane Street and Catherine Drive (3703 Catherine Drive) and being as shown on Alamance County Tax Map 3-21, Lot 8 and 9.  The request is to allow a mix of commercial, office and service businesses. 

 

         This item was withdrawn prior to the meeting.

 

         Planning Director Harkrader informed the Commission that Mr. Emerson will be retiring June 30th and that staff will miss him.

 

         Commission Member Enoch asked if the Commission could object to his retirement.  Mr. Emerson stated that they could; however, he was still going to retire June 30th.

 

         Commission Chairman Byrd told Mr. Emerson that the Commission appreciates all of his help and that he will be missed.

 

         Mr. Emerson told Commission members that he appreciates all their hard work and efforts.

 

         Commission Member Faucette stated that Mr. Emerson was the one that got him involved with the Commission 15 years ago when he went into the Planning office to inquire about a home.

 

         Commission Member Apple stated that he also appreciates Mr. Emerson’s volunteer work at Duke Hospital.

 

 

         There being no further business to discuss, the meeting was adjourned at 7:50 p.m.

 

 

 

                                                                                                ____________________________

                                                                                                        George A. Byrd, Jr., Chairman

 

 

 

                                                                                                ____________________________

                                                                                                          James M. Burwell, Secretary