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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

June 28, 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, Absent                                   Ellis Piper, Present

Gordon Millspaugh, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

John Emerson, Zoning/Subdivision Administrator

Kurt Pearson, Planner II

Dianne Fogleman, Office Assistant                         

 

       ITEM 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 comments.

 

       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.

 

       ITEM NO. 2: Minutes of the meeting held May 24, 2004, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM 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 commencing construction.

 

       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.

 

       Consent agenda:  (Extraterritorial)

 

(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. 

 

       This was an extraterritorial item.

 

       Mr. McCrickard pointed out that R-9 zoning will be consistent with zoning on adjacent property.

 

       Staff recommended 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.

 

       This was an extraterritorial item.

 

       Commission Member Cobb asked that he be recused from voting due to a potential conflict.

 

       Commission 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.

 

       Mr. Collins stated that the property is surrounded on three sides by B-2 zoning.

 

       Commission Member Franks asked the total acreage and was told 3.83 acres.

 

       Staff 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 to B-2.

 

       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.    

 

       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.

 

       This was a City item.

 

       Mr. 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 answer questions.

 

       Mr. Carl 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.

 

       Commission 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.

 

       Mr. Millspaugh also noted that there were no buffers shown on the site plan.

 

       Mr. Simmons stated that the development would adhere to the Western Loop Overlay District landscaping requirements which are more stringent than the current landscaping requirements.

 

       Mr. 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.

 

       Commission Secretary Burwell questioned lighting and the unloading of trucks which could disturb the residential neighborhoods.

 

       Mr. 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.

 

       Commission 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.

 

       Mr. Simmons stated that traffic patterns will adhere to NCDOT specifications for turn lanes and signalization.

 

       Commission Secretary Burwell asked if the main entrance would be on Piedmont Way and was told that it would be.

 

       Commission Member Millspaugh asked if the convenience store would remain and was told that it would not; the property will be leased.

 

       Mr. Simmons pointed out that there will be internal access only to out-parcels.

 

 

 

       Planning 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:

 

1)    Any 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.

 

3)    The 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 Burlington.

 

          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.

 

       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 7:34 p.m.

 

 

 

 

 

                                                                             ____________________________

                                                                             George A. Byrd, Jr., Chairman

 

 

 

 

                                                                             ____________________________

                                                                             James M. Burwell, Secretary