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MINUTES OF THE BURLINGTON PLANNING
AND ZONING COMMISSION MEETING
June 28, 2004
Council Chamber, Burlington Municipal Building
MEMBERS: EXTRATERRITORIAL MEMBERS:
George Byrd, Chairman, Present Bud Apple, Present
Jim Burwell, Secretary, Present John Enoch,
Paul Cobb, Present Celo
Lynn Cowan, Present Richard
Elder Greg Hargrave, Absent Ellis Piper,
Gordon Millspaugh, Present
Robert R. Harkrader, Planning
John Emerson, Zoning/Subdivision
Kurt Pearson, Planner II
Dianne Fogleman, Office
NO. 1: Chairman Byrd called the meeting to order at 7:00 p.m.
Planning Director Harkrader told
Commission members that this was John Emerson’s last meeting because he was
retiring June 30. He asked if any of the Commission members wished to make any
Commission Member Faucette stated that it
has been a pleasure working with John over the years and that he appreciated
John helping him out on several occasions.
He wished John good luck.
Commission Member Millspaugh stated that
he appreciated John’s support and knowledge.
Commission Secretary Burwell stated that
John is both an asset to the City and to the community.
Commission Member Apple stated that he
wouldn’t want John’s job nor Bob’s.
Commission Member Franks stated that he
and John had a special bond and that
he appreciates John’s
friendship. He commended John on the
way he conducted himself in his personal life and in City business especially
during the past eight or ten years. He
concluded by stating that John was a true hero in his opinion.
Commission Chairman Byrd stated that he
was so appreciative of John and referred to John as a true gentleman. He commended John for being so cooperative
and attributed the growth of the City and Alamance County to John.
Mr. Harkrader also announced that this
would be Mr. Faucette’s last meeting.
He explained that Mr. Faucette’s residence is located in an area being
annexed by the City the end of June. He
stated that the City appreciates all that Mr. Faucette has done and also
congratulated Mr. Franks and Mr. Apple for their re-appointments to the
Planning and Zoning Commission. Mr.
Harkrader announced that Mr. Jim Johnson and Mr. Bob Ware will begin serving on
the Commission beginning in July.
NO. 2: Minutes of the meeting held May 24, 2004, were unanimously
approved. This was a City and
NO. 3: Consent agenda: (City)
(A) Mr. Joe Kalo, representing CAN Associates,
LLC, presented an application for final plat approval and Declaration of Unit
Ownership Documents for the Westbrook Professional Center Office Condominiums
consisting of 12 units. The property is
located on the eastern side of Westbrook Avenue and to the north of South
Church Street as shown on a plat by Koontz-Bryant, P.C., dated June 9, 2004.
(B) Mr. Franz Holt, representing Wakefield
Development Company, presented an application for preliminary plan approval of
Section M of the Mackintosh on the Lake Subdivision. The property is located to the south of Interstate 85/40 and to
the west of St. Mark’s Church Road as shown on plans by Alley, Williams, Carmen
and King, Inc., dated April 28, 2004, and containing 96 lots.
Staff recommended approval of (A) and recommended approval of
(B) contingent upon all engineering details being submitted to the Engineering
Department and approval of same by the Engineering Department prior to
Commission Member Millspaugh made a motion to recommend
approval of the final plat and Declaration of Unit Ownership Documents in (A)
and approved (B) with the contingency outlined by staff. Paul Cobb seconded the motion. The Commission voted unanimously to
recommend approval of (A) and approved (B) contingent upon all engineering
details being submitted to the Engineering Department and approval of same by
the Engineering Department prior to commencing construction.
(C) Mr. George A. Turner presented an application
for final plat approval of the George A. Turner, Jr., Subdivision. The property is located on the eastern side
of Durham Street Extension opposite the intersection of MacArthur Lane as shown
on a plat by John Somers dated April 27, 2004, and containing two lots.
Staff recommended approval of (C).
Commission member Franks made a motion to recommend approval
of (C). Bud Apple seconded the motion.
The Commission voted unanimously to recommend approval of (C).
ITEM NO. 4: Mr.
Mike McCrickard, representing Southcreek Properties, presented an application
to rezone from R-6 and R-15, Residential Districts, to R-9, Residential
District, the property located on the western side of MacArthur Lane and north
of its intersection with NC Highway 87 and being as shown on Alamance County
Tax Map 3-5, Lots 4-J and 4-K.
an extraterritorial item.
McCrickard pointed out that R-9 zoning will be consistent with zoning on
approval of the request for rezoning on the basis that it will be an
appropriate extension of existing R-9 zoning.
Commission Member Burwell made a motion
to recommend approval of the request for rezoning. Richard Franks 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.
Tim Collins presented an application to rezone from R-15, Residential District,
to B-2, General Business District, the property located on the western side of
St. Mark’s Church Road south of its intersection with South Church Street and
being as shown on Alamance County Tax Map 3-26A, Lots 3, 4A and 52.
Member Cobb asked that he be recused from voting due to a potential conflict.
Member Millspaugh made a motion to recuse Mr. Cobb from voting. Celo Faucette seconded the motion. The Commission voted unanimously to allow
Mr. Cobb to recuse himself from voting.
Collins stated that the property is surrounded on three sides by B-2 zoning.
Member Franks asked the total acreage and was told 3.83 acres.
recommended approval of the request for rezoning on the basis that it will be
an appropriate extension of existing B-2 zoning. Planning Director Harkrader stated that the rezoning will even up
the zoning line and indicated that this would probably be the last property on
the western side of St. Mark’s Church Road north of Garden Road to be rezoned
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
ITEM NO. 6: Mr.
Todd Simmons, representing Wal-Mart Corporation, presented an application to
rezone form I-2, Light Industrial District, and R-9, Residential District, to
CB, Conditional Business District, to allow retail and commercial development.
The property is located at the southwestern corner of North Graham-Hopedale
Road and North Mebane Street as shown on Alamance County Tax Map 149, Block
582, Lot 1 and a portion of Lot 1-A, and Alamance County Tax Map 149, Block
583, a portion of Lot 165.
a City item.
Simmons displayed a site plan of the proposed development and introduced Mr.
Ernie Ravenel with ECDC Realty of Summerville, SC, brokers for Wal-Mart, to
Parks, North Graham-Hopedale Road, questioned how Alamance County could support
three Wal-Marts. Mr. Parks, co-owner of
Cum-Park Plaza Shopping Center, pointed out that the shopping center is a good
taxpayer and that it had suffered before and could be hurt again.
Member Millspaugh questioned why there was no entrance at the rear of the
property and was told that the grade differential prevents the location of
another entrance to the development.
Millspaugh also noted that there were no buffers shown on the site plan.
Simmons stated that the development would adhere to the Western Loop Overlay
District landscaping requirements which are more stringent than the current
Ravenel pointed out that of the ten additional acres purchased for the
development, four acres will be undeveloped creating a substantial buffer for
the residential area.
Secretary Burwell questioned lighting and the unloading of trucks which could
disturb the residential neighborhoods.
Simmons stated that typically the unloading of trucks takes place during early
mornings and the buffer will help the outdoor lighting and noise from intruding
into the residential areas.
Chairman Byrd asked if there would be turn lanes into the development, and
Commission Member Franks asked if there would be signalization at the entrance.
Simmons stated that traffic patterns will adhere to NCDOT specifications for
turn lanes and signalization.
Secretary Burwell asked if the main entrance would be on Piedmont Way and was
told that it would be.
Member Millspaugh asked if the convenience store would remain and was told that
it would not; the property will be leased.
Simmons pointed out that there will be internal access only to out-parcels.
Director Harkrader stated that staff recommended approval of the request for
rezoning with the three contingencies included in the rezoning application form
presented by the petitioner:
changes required by the North Carolina Department of Transportation will be
incorporated into the design and subject to approval by City staff.
2) The site plan submitted to the City’s
Technical Review Committee will be made a part of the application.
petitioner verifies that the potential railroad easement through the property
will not hinder the development.
In addition, staff recommended approval
contingent upon the petitioner adhering to landscape requirements of the
Western Loop Overlay District.
Mr. Harkrader stated that the store will
draw shoppers from the Graham area as well as eastern Alamance County. He stated that hopefully something
productive will come from the sale of the former Western Electric facility
indicating that the private sector is willing to invest in that area of
Commission Member Millspaugh made a
motion to recommend approval of the request for rezoning with the contingencies
outlined by staff. Paul Cobb seconded the motion. The Commission voted unanimously to recommend approval of the
request for rezoning with the contingencies listed by staff.
There being no further business to
discuss, the meeting was adjourned at 7:34 p.m.
A. Byrd, Jr., Chairman
M. Burwell, Secretary