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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, Present

George Byrd, Secretary, Present                          John Enoch, Present

Jim Burwell, Present                                            Celo Faucette, Present

Paul Cobb, Present                                               Gale Fletcher, Absent

Rev. Greg Hargrave, Present                                Richard Franks, Present

Gordon Millspaugh, Present                                Ellis Piper, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

John Emerson, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant

 

 

       ITEM NO. 1: Mr. Don Starling, Chairman, called the meeting to order at 7:00 p.m.

 

       ITEM NO. 2: Minutes of the meeting held December 16, 2002, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM NO. 3Consent agenda:  (City and Extraterritorial)

 

(A)   Mr. 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 lots.

 

(B)   Mr. 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.

 

       Regarding 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.

 

       Staff 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.

 

       Commission 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 construction.

 

       ITEM 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 property.

 

       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 lines.

 

       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 request.

 

       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 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.    

 

       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.

 

       ITEM 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. 

 

       This was a City item.

 

       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

 

 

 

 

 

                                                                             _________________________________

                                                                             George A. Byrd, Jr., Secretary