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MINUTES OF THE BURLINGTON PLANNING
AND ZONING COMMISSION MEETING
January 27, 2003
Council Chamber, Burlington Municipal Building
CITY MEMBERS: EXTRATERRITORIAL MEMBERS:
Don Starling, Chairman,
Present Bud Apple,
George Byrd, Secretary,
Jim Burwell, Present Celo
Paul Cobb, Present Gale
Rev. Greg Hargrave, Present Richard Franks,
Gordon Millspaugh, Present Ellis Piper,
Robert R. Harkrader,
Dianne Fogleman, Office
NO. 1: Mr. Don Starling, Chairman, called the meeting to order at 7:00
NO. 2: Minutes of the meeting held December 16, 2002, were unanimously
approved. This was a City and
NO. 3: Consent agenda: (City and Extraterritorial)
Chad Huffines and Mr. Arthur Hall presented an application for preliminary plan
approval of the Long Meadows Subdivision.
The property is located along Hallie Long Lane near the intersection of
Christopher Drive as shown on plans by the L.E.A.D.S. Group and containing 69
Matt Hurdle, representing Outerbanks Construction Company, Inc., presented an
application for preliminary plan approval of the Riverbend Subdivision. The property is located on the southwestern
side of the Haw River and southeast of Town and Country Estates as shown on plans
by Coastal Engineering and containing 88 lots.
Item (B), Commission Member Byrd asked the size of lots. Mr. Hurdle stated that the lots will be
approximately 9,000 square feet, the same as those in Town and Country Estates.
recommended approval of (A) and (B) contingent upon street plans and profiles,
water and sewer plans, storm drainage plans and other engineering requirements
being submitted and approved by City staff prior to commencing construction.
Member Franks made a motion to approve (A) and (B) with the contingency
outlined by staff. Gordon Millspaugh
seconded the motion. The Commission
voted unanimously to approve (A) and (B) contingent upon street plans and
profiles, water and sewer plans, storm drainage plans and other engineering
requirements being submitted and approved by City staff prior to commencing
NO. 4: Mr. Randy Ingle presented an application to rezone from R-15,
Residential District, to O-I, Office-Institutional District, the property
located on the northern side of US Highway 70 approximately 750 feet west of
the intersection of Springwood Church Road and being as shown on Guilford
County Tax Map 02-02-0082-0-0050-00-05.
This was a City item.
Mr. Richard Jones stated that he
represented the Ingles as their realtor and that he had maps of the area
showing surrounding property.
Commission Chairman Starling asked if
staff had received many calls concerning the rezoning application. Zoning/Subdivision Administrator Emerson
stated that he had several calls; however, they were inquiries and none
expressed objection to the rezoning.
Mr. Starling asked if the property backs
up to Gibsonville, and Mr. Emerson stated that it adjoins Guilford County
Commission Member Apple asked what was
located west of the property -- single-family residences or apartments -- and
was told it is residential.
Commission Member Cobb asked what is
Gibsonville's position on the rezoning request and asked if Gibsonville had any
say-so in the matter.
Planning Director Harkrader stated that
the Ingles had talked with Gibsonville town officials regarding sewer lines and
he understood Gibsonville was aware of the Ingles' rezoning request; however,
City staff had not contacted Gibsonville concerning the rezoning.
Mr. Starling asked how close does
Gibsonville come to the property.
Mr. Jones showed maps of the area;
however, Mr. Harkrader discovered that the maps did not show current City limit
Mr. Starling asked if the mobile home
park and church were in Gibsonville and was told that they were.
Staff recommended approval of the
rezoning. Mr. Harkrader pointed out
that the property is located on a major thoroughfare -- Highway 70 -- and that
O-I zoning would be appropriate zoning for the tract.
Mr. Starling stated that he had concerns
because the City had not discussed the rezoning application with the Town of
Gibsonville and that he felt the City should be careful when rezoning property
that abuts other municipalities.
Mr. Emerson pointed out that the rezoning
sign was posted on the property which is located across from the Gibsonville
Town Manager Deleno Flynn's home, and that to his knowledge, Mr. Flynn had not
called inquiring about the rezoning.
Commission Member Burwell made a motion
to recommend approval of the rezoning. He stated that if Gibsonville had
questions or concerns, officials could contact the City or attend the
Commission meeting the same as anyone else.
George Byrd seconded the motion.
Mr. Starling stated that the mobile home
park had some bearing on his decision to recommend approval of the rezoning
Mr. Jones pointed out that the Town of
Gibsonville had been aware of the rezoning request and that the Ingles had
discussed the sewer lines located behind the property with both Gibsonville and
the City Engineering Department.
Mr. Burwell stated that he believed the
property behind the Ingles was once the Gibsonville dump.
With a motion to recommend approval
already seconded, the Commission voted unanimously to recommend approval of the
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.
Commission Member Millspaugh asked that
in the future, staff pursue a professional approach and contact adjoining
municipalities regarding rezoning applications.
Planning Director Harkrader agreed and
stated that was a point well taken. He
pointed out that staff was aware that Gibsonville knew of the rezoning
application since the Ingles had approached the town concerning utilities.
Zoning/Subdivision Administrator Emerson
pointed out that the Ingles' property had been voluntarily annexed by the City
of Burlington and that the City could have designated O-I zoning at that point.
NO. 5: Staff presented an application to zone to R-15, Residential
District, the property located on the southern side of US Highway 70 at the
Alamance-Guilford County Line and being as shown on Alamance County Tax Map
3-27, a portion of Lot 13. The City of
Burlington voluntarily annexed Lot 13 recently; however, this portion is in
Guilford County and does not have a City of Burlington zoning designation.
Commission Chairman Starling asked if the
property located to the west of the triangle is in the City of Burlington and
was told that it is.
Commission Member Faucette asked if the
City limits extend to the Guilford County line and was told that it does.
Staff recommended designating R-15 as
zoning for the lot. Planning Director Harkrader explained that the lot is part
of a larger 80-acre tract voluntarily annexed by the City and that the
triangular piece of property is no longer under Guilford County jurisdiction
and is in the City of Burlington. The
R-15 zoning designation will be consistent with the balance of the property.
Commission Member Hargrave made a motion
to recommend approval of the zoning designation. Gordon Millspaugh seconded the motion. The Commission voted unanimously to recommend that a portion of
Lot 13 be zoned R-15.
Planning Director Harkrader stated that
there will be a joint dinner meeting of City Council and the Planning
Commission to discuss results of the recent community meeting regarding the
Western Loop. He told members that he
will contact them concerning the date and time.
There being no further business to
discuss, the meeting was adjourned at 7:26 p.m.
Donald C. Starling, Chairman
A. Byrd, Jr., Secretary