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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

March 24, 2003

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                                  EXTRATERRITORIAL MEMBERS:

 

Don Starling, Chairman, Present                         Bud Apple, Present

George Byrd, Secretary, Present                          John Enoch, Absent

Jim Burwell, Absent                                             Celo Faucette, Present

Paul Cobb, Present                                               Gale Fletcher, Present

Rev. Greg Hargrave, Present                                Richard Franks, Absent

Gordon Millspaugh, Absent                                 Ellis Piper, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

John Emerson, Zoning/Subdivision Administration

Russ Smith, Planner

Kurt Pearson, Planner

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 February 24, 2003, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM NO. 3Consent agenda: 

 

(A)   Mr. Tom Allred presented an application for final plat approval of the General Properties Group Subdivision.  The property is located on the eastern side of Kilby Street approximately 450 feet south of its intersection with Stokes Street as shown on a plat by Simmons Engineering and Surveying dated February 19, 2003, and containing two lots.

 

       This was a City item.

 

       Staff recommended approval of the final plat.

 

      

 

 

       Commission Member ­­­­Cobb made a motion to recommend approval of the final plat.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the final plat.

 

       The Commission found that the plat as presented met all requirements of the Subdivision Regulations.

 

       ITEM NO. 4: Ms. Gloria McCauley presented an application for a Special Use Permit to allow a philanthropic establishment providing ministry to house five to six women seeking employment.  The property, which is zoned MF-A, Multifamily, is located at 904 Stone Street as shown on Alamance County Tax Map 40, Block 162, Lot 22.

 

       This was a City item.

 

       Staff recommended approval of the Special Use Permit.

 

       Commission Chairman Starling asked if the applicant would have to comply with any local and state regulations and was told that she would not.

 

       Commission Member Cobb made a motion to recommend approval of the Special Use Permit.  Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the Special Use Permit.

 

       ITEM NO. 5: Mr. Boyd Chatman, representing Maple Grove Baptist Church, presented an application for a Special Use Permit to allow the construction of an addition to the existing church.  The property, which is zoned R-9 and R-6, Residential Districts, is located on the eastern side of Durham Street (1601 Durham Street) near the intersection of Cadiz Street as shown on Alamance County Tax Map 12-38, Lot 3. 

 

       This was a City and extraterritorial item.

 

       Mr. Chatman stated that the 5,000 square foot addition will be two stories and will house a new sanctuary, classrooms and multi-purpose area.  He pointed out that there will be sufficient parking and future space for another possible additional as well as additional parking.

 

       Staff recommended approval of the Special Use Permit.

 

       Commission Member Apple made a motion to recommend approval of the Special Use Permit.  Gale Fletcher seconded the motion.  The Commission voted unanimously to recommend approval of the Special Use Permit.


 

       ITEM NO. 6: Mr. James Hardaway presented an application to rezone from R-9, Residential District, to R-M, Residential-Mobile Home District, the property located on the western side of Riverview Drive approximately 100 feet south of its intersection with Gordon Street and being as shown on Alamance County Tax Map 12-31, Lot 10. 

 

       This was an extraterritorial item.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that in the past, requests for R-M rezonings in the area had been considered on an individual basis and that this would be appropriate zoning for the location.

 

       Commission Member Fletcher made a motion to recommend approval of the request for rezoning.  George Byrd 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: The Commission was requested to set an alternate date for its May 2003 meeting due to Memorial Day. 

 

       This was a City and extraterritorial item.

 

       Commission Member Cobb made a motion to change its May meeting to Monday, May 19, 2003, which will be one week earlier than the normal meeting date.  Bud Apple seconded the motion.  The Commission voted unanimously to change its May meeting to Monday, May 19, 2003.

 

       ITEM NO. 8: Staff presented a proposed supplement to Southwest Area Land Use Plan. 

 

       This was a City and extraterritorial item.

 

       City Planner Russ Smith displayed a large map of the Western Loop area with proposed future land uses.  He told the Commission that this proposal will update and amend the Southwest Area Land Use Plan adopted by the City in 1996.

 

       Mr. Smith explained that staff, the Commission and City Council utilize land use plans as a guide for making decisions regarding rezoning requests.  He stated that a representative from the Institute of Government will be here April 9 at 7:00 p.m. to meet with Commission members and the City Council to discuss conditional zoning.

 

      

 

      

       Commission Member Faucette asked Mr. Smith to elaborate on plans for Rural Retreat Road and Williams Mill Road since this had been a hot topic of discussion.

 

       Mr. Smith explained that future plans are to extend Williams Mill Road as development occurs; however, this would fall under transportation planning for the area and not land use planning.

 

       Commission Member Byrd asked how far have water lines been extended, and Mr. Harkrader stated that water lines will be extended the length of the Western Loop. 

 

       Mr. Byrd also asked if the City will have extraterritorial jurisdiction over the area and was told that it would.

 

       Commission Chairman Starling asked the location of the existing City limits line and Mr. Harkrader pointed to the limits on the map.

 

       Mr. Byrd inquired about the number of acres dedicated to the Employment Center land uses.  Mr. Smith stated that there are approximately 1,800 acres in the Western Loop area and that 400 to 500 acres are proposed to be dedicated for office parks, light industry and such.

 

       Commission Member Fletcher stated that at the joint meeting of City Council and the Commission held in February, the Mayor was not too pleased with  proposed Conditional Zoning.  Mr. Harkrader stated that  City Council asked him to move forward with the changes.

 

       Mr. Smith pointed out that proposed Conditional Zoning will be available to the City's entire zoning jurisdiction and not just to the Western Loop and will be addressed in the following Item No. 9.

 

       Burlington Attorney Lawson Brown stated that he had concerns with the proposed large area designated for Employment Centers/Office Parks.  He stated that his experiences with such areas have not been positive and that they do not work in smaller communities as they do in Charlotte and Atlanta.  He pointed out that 15 percent of a proposed development is supposed to be dedicated to residential uses, which is often not feasible in an area such as Burlington.  He suggested that this proposed area along the Western Loop be re-evaluated with a critical eye.  Mr. Brown also pointed out that the Western Loop intersection on the Interstate will be the last major intersection in the City and that it will be crucial to stay away from designating mixed-use areas.

 

       Mr. Smith stated that the representative from the Institute of Government may be able to answer questions regarding the Employment Center/Office Park designation on the proposed Land Use Map for the Western Loop.


 

       Ms. Rhonda Custer, Williams Mill Road, stated that Williams Mill Road is a quiet, crime-free area where several retirees live and questioned why the City plans to extend the road through an existing neighborhood into Guilford County rather than taking traffic further north.

 

       Commission Chairman Starling asked Ms. Custer why more Williams Mill Road residents were not in attendance.  Ms. Custer stated that they did not know about the meeting and that they were under the impression that the City plans to do what it wants to do without taking their concerns into consideration.

 

       Commission Chairman Starling listed times that the Commission and City Council meet and stated that all meetings are open to the public.

 

       Mr. Smith pointed out that the City held two public meetings for residents' input, and over 200 attended the first public meeting and approximately 80 attended the second meeting.  Staff received many comment sheets, and staff did take residents' concerns into consideration.  Residents were notified by mail about the first public meeting as well as the second.  He stated that the comment sheets are available to Commission members, and that staff had received both favorable and negative comments regarding proposed land uses in the area.

 

       Commission Member Cobb stated that the Commission does not ignore the concerns of citizens.  He pointed out the extension of Williams Mill Road is part of the Thoroughfare Plan.  Mr. Cobb also stated that he had concerns that the Employment Center/Corporate Park zoning on the proposed land use map was not an adequate size to accommodate a large development, and while the land use map will serve as a guide for future development, there is nothing to keep it from being carved up.

 

       Commission Member Hargrave stated that the proposed land use map for the Western Loop will be a guideline for future land use in the area and that this was not a rezoning nor road extension issue.

 

       Commission Member Fletcher asked if decisions made regarding the land use map would be etched in stone and was told that they would not be.

 

       Mr. Cobb made a motion to table Items 8 and 9 until after they heard what the representative from the Institute of Government has to say.  Commission Member Fletcher seconded the motion.  The Commission voted unanimously to table Items 8 and 9 until the April Planning and Zoning Commission meeting.

 

       ITEM NO. 9: Staff was scheduled to present proposed amendments to the City of Burlington Zoning Ordinance text pertaining to the establishment of a Western Loop Corridor Overlay District, Planned Employment Center District and Conditional Zoning District, creation of the Conditional zoning process and other associated amendments.

 

       This item was tabled by the Commission until its April meeting (see Item 8 above).

      

       ITEM NO. 10: Staff presented a proposed amendment to Section 28-23 of the City of Burlington Code of Ordinances pertaining to Planning and Zoning Commission meetings.

 

       This was a City and extraterritorial item.

 

       Staff recommended approval of the amendment.

 

       Commission Member Cobb made a motion to recommend approval of the amendment.  Bud Apple seconded the motion.

 

       The Commission voted unanimously to recommend approval of amending Section 28-23 of the Code of Ordinances as follows:

 

FROM:

 

Planning and zoning commission shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.

 

TO:

 

Planning and Zoning Commission shall establish a regular meeting time and place, and all of its meetings shall be open to the public.  The Planning and Zoning Commission may elect to change and/or delete meeting dates, times and/or locations of its regular meetings.

 

 

       There being no further business to discuss, the meeting was adjourned at 8:13 p.m.

 

 

 

 

                                                                             _____________________________

                                                                             Donald C. Starling, Chairman

 

 

 

.

 

                                                                             _____________________________

                                                                             George A. Byrd, Jr., Secretary