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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

July 28, 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, Absent                                             Celo Faucette, Present

Paul Cobb, Present                                               Gale Fletcher, Present

Rev. Greg Hargrave, Absent                                Richard Franks, Present

Gordon Millspaugh, Present                                Ellis Piper, Absent

 

 

       ITEM NO. 1: Mr. Don Starling, Acting Chairman, called the meeting to order at 7:01 p.m.  He requested a moment of silence in memory of Mr. Doug Avent who served on the Commission for many years.

 

       ITEM NO. 2: Mr. Starling called for the nomination and election of Commission Chairman and Secretary for 2003-2004. Commission Member Cobb made a motion to re-elect Mr. Starling as Chairman. Mr. Enoch seconded the motion.  The Commission voted unanimously to re-elect Mr. Starling as Chairman.  Commission Member Fletcher made a motion to re-elect Mr. Byrd as Secretary. Mr. Enoch seconded the motion.  The Commission voted unanimously to re-elect Mr. Byrd Secretary for 2003-2004. This was a City and extraterritorial item.

 

       ITEM NO. 3: Minutes of the regular meeting held June 23, 2003, were unanimously approved.  This was a City and extraterritorial item.

 

       ITEM NO. 4Consent agenda:  (City)

 

(A)   Mr. Jimmy Collins, representing Concept Builders, presented an application for final plat approval of Phase 2 of the Arden Crossing Subdivision.  The property is located on the western side of Maple Avenue at the terminus of Arden Street as shown on a plat by Fleming Engineering dated July 2, 2003, and containing 29 lots.

 

       Staff recommended approval of the final plat.

 

       Commission Member ­­­­­Millspaugh made a motion to recommend approval of the final plat.  George Byrd 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. 5: Mr. James R. Copland was scheduled to present an application to rezone from R-9, Residential District, and I-1, Planned Industrial District, to MF-A, Multifamily District, the property shown on Alamance County Tax Map 12-7, a portion of Lot 7, and to rezone from I-1, Planned Industrial District, to R-9, Residential District, and MF-A, Multifamily District, the property shown on Alamance County Tax Map 12-7, a portion of Lot 64.  The property is located on the southwestern side of Chapel Hill Road and to the northwest of its intersection with Corporation Parkway. 

 

       This was a City item.

 

       Chairman Starling stated that Commission Member Cobb asked that he be allowed to abstain from voting due to the fact that he had an interest in part of the property.  Mr. Starling pointed out that since Mr. Cobb was abstaining from voting, there would not be a quorum of City members present to vote on the item.  However, there was a possibility that Commission Member Burwell was late due to South Church Street being blocked because of an accident.  Members decided to wait until the end of the meeting to see if Mr. Burwell arrived.

 

       At the end of the meeting, there was still not a quorum of City members present.  Planning Director Harkrader stated that the rezoning request would have to be carried forward to the August Commission meeting.

 

       ITEM NO. 6: Mrs. Sam Story, Jr., presented an application to rezone from R-15, Residential district, to R-9, Residential District, the property located at the northwestern corner of Woodhue Drive and Greenwood Terrace (1905 Woodhue Drive) and being as shown on Alamance County Tax Map 12-22, Lot 14. 

 

       This was a City item.

 

       Staff recommended approval of the request for rezoning on the basis that it would be an extension of existing R-9 zoning.  Planning Director Harkrader stated that the rezoning would permit another house to be built on the large lot.

 

       Commission Chairman Starling stated that it appeared to him that all the property on Woodhue Drive is zoned R-15 and that the R-9 zoning is on the northern side of Hawthorne Lane.  He asked if staff had received any calls from neighbors inquiring about the rezoning request.  Zoning/Subdivision Administrator Emerson stated that one gentleman had called with concerns about the rezoning request and that he had invited him to the meeting but evidently he was not present.

 

       Mrs. Story stated that they were not building a spec home but would be building a smaller home for them to live in.  She pointed out that she and her husband had discussed this with neighbors and that they had no problem with their plans.

 

       Commission Chairman Starling stated that he had concerns about what could be done down the road even though he had no problem with what the Storys plan to do; however, he pointed out that people can move.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh seconded the motion.  The Commission voted three to one to recommend approval of the request for rezoning. Voting to recommend approval were Cobb, Millspaugh and Byrd.  Voting against the motion to recommend approval was Starling.

 

       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: Mr. Keith B. Price, Jr., representing Samet Corporation, presented an application to rezone from MF-A, Multifamily District, to O-I, Office-Institutional District, the property located on the eastern side of Westbrook Avenue approximately 1,100 feet north of South Church Street and being as shown on Alamance County Tax Map 3-29, Lots 4-B, 17-A and a portion of Lot 4-A. 

 

       This was a City item.

 

       Mr. Price stated that the property is comprised of approximately 3.3 acres and that a brick and stone medical complex is planned.  He distributed a drawing of the proposed facility, which he indicated would be compatible with the surrounding area.  He pointed out that at one time the property was zoned O-I and was rezoned to multifamily three or four years ago.

 

       Staff recommended approval of the request for rezoning on the basis that it will be an appropriate extension of existing O-I zoning.

 

       Commission Chairman Starling asked if staff had contacted the Town of Elon about the rezoning since the property abuts Elon's jurisdiction.  Planning Director Harkrader stated that he had talked to Town Manager Mike Dula about the previous rezoning and that it was agreed that O-I zoning was compatible with development within the Town of Elon jurisdiction.

 

       Commission Member Millspaugh asked if staff had received any calls from neighbors and was told that staff had not.

 

       Commission Member Cobb 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. 8: Mr. Shane Hensley, representing UHF Development Group, LLC, presented an application to rezone from R-15, Residential District, to R-12, Residential District, the property located on the western side of Alamance Road at the dead-end portion of Bonnie Lane and being as shown on Alamance County Tax Map 12-4, Lot 15. 

 

       This was an extraterritorial item.

 

       Mr. Hensley pointed out the various zoning designations in the area, including commercial and multifamily. 

 

       Commission Member Cobb asked how many acres were involved and was told approximately 20.

 

       Mr. Ken Little, Waterford Place, stated that he was opposed to the change in zoning because it could affect the value of surrounding property.  He stated that there should be a continuation of the current density and he was opposed to smaller footprints for housing.  He also had concerns about increased traffic.

 

       Mr. Rob Selfors, 2325 Marlow Drive, stated that he had recently purchased a $400,000 home and that the City should respect his investment and not rezone surrounding property.

 

       Mr. Craig Yarborough, 2324 Churchill Drive, stated that traffic had tripled since the Pierce Homes development and he was concerned that the rezoning could devalue his property.

 

       Ms. Kimberly Daughtry, Waterford Place, stated that she had moved into the area to be in a particular school district and that she was concerned that smaller homes on smaller lots, which would be in view of her home, would devalue her property.

 

       Mr. Charles Carter, Waterford Place, stated that he was opposed to the rezoning because it would be detrimental to the area.

 

       Mr. Lewis Daughtry, Waterford Place, stated that the reason he built a home in the new development was because of the larger lots and that he was against the request for rezoning.

 

       Ms. Robin Miller, 2248 Marlow Drive, stated that she selected the area for her home because of the large lot size and the school district.

 

       Ms. Jennifer Button, Churchill Drive, stated that homes in the R-15 zoned area are continuing to sell and that she didn't understand why the developers would want to rezone.

 

       Ms. Tammie Jordan, Marlow Drive, stated that she moved from the county to the City because of the school district and that she wanted to remain in the City School District.  She also stated that she was concerned about high traffic and that most of the lots have been sold and the rest will eventually sell even if they are zoned R-15.

 

       Commission Member Fletcher asked Ms. Jordan how would the school district change because of rezoning.

 

       Ms. Jordan maintained that an influx in the number of children could change the boundaries.

 

       Commission Member Franks pointed out that there is only one school district for both county and City schools.

 

       Mr. Bruce Harris, 2945 Alamance Road, stated that the City needs smaller patio homes and that he didn't think that R-12 zoning and smaller homes would hurt the surrounding area.

 

       Ms. Mary Carter, Waterford Place, stated that she sees beauty from her front door and would like to see beauty from her back door.

 

       Commission Member Fletcher asked Mr. Hensley about access to the property.

 

       Mr. Hensley stated that the points of access have not been designed but there will probably be two -- one on Marlow and the other in the commercial area.

 

       Mr. Yarborough maintained that there was nowhere on Eric Lane that the property could be accessed.

 

       Zoning/Subdivision Administrator Emerson showed that there were several options on Eric Lane for access.

 

       Commission Member Fletcher asked Mr. Hensley if the rezoning request wasn't economics driven.  Mr. Hensley admitted that it was and pointed to transitional zoning all around the property -- from commercial to multifamily.  He also pointed out that a creek and other topography including a drop-off excludes some of the property from being developed.

 

       Commission Chairman Starling asked if Marlow would ever be cut all the way through and was told that it would be opened up eventually when the area becomes more developed.

 

       Commission Member Millspaugh stated that he and Commission Member Cobb had done a little math and summarized that approximately 58 homes could be built on the property if it remained zoned R-15 and approximately 72 if it were rezoned to R-12.

 

       Mr. Emerson estimated that 15 to 20 percent of property would be lost for development because of streets, water and sanitary sewer lines and topographic issues.

 

       Commission Member Franks asked what could be built in R-12 zoning and was told single-family homes and condominiums.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that the main difference in R-15 and R-12 zoning is the density.  R-12 zoning requires a minimum of 12,000 square feet per dwelling unit.  Therefore, approximately 3 1/2 units would be allowed in R-12 zoning and under three units in R-15.  He stated that R-12 would be a good zoning density since the property abuts commercial and multifamily development and that he did not believe there would be a significant change to surrounding property values.

 

       Commission Member Fletcher made a motion to recommend denial of the request for rezoning.  Bud Apple seconded the motion.  The Commission voted four to five to recommend denial of the request for rezoning. Voting to recommend denial were Fletcher, Apple, Byrd and Starling.  Voting against the motion to recommend denial were Cobb, Millspaugh, Enoch, Faucette and Franks.

 

       Commission Member Franks made a motion to recommend approval of the request for rezoning.  The motion died for the lack of a second.

 

       Commission Chairman Starling asked if the item would be forwarded to City Council without a recommendation from the Commission.

 

       Planning Director Harkrader stated that it would not; however, the petitioner has the right to appeal the Commission's decision to City Council.

 

       ITEM NO. 9: Mr. Chad Huffines, Civil Engineer, presented an application to rezone from R-9, Residential District, to R-6, Residential District, the property located at the dead-end portion of Melrose Drive which is on the northern side of Sharpe Road and being as shown on Alamance County Tax Map 12-54, a portion of Lot 16.  Approximately one half of the property is already zoned R-6. 

 

       This was an extraterritorial item.

 

      

 

 

 

 

       Commission Chairman Starling asked if the property abuts City-owned property and was told that it did.

 

       Staff recommended approval of the request for rezoning on the basis that it will be an appropriate extension of existing R-6 zoning.

 

       Commission Member Fletcher 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.    

 

 

       There being no further business to discuss, the meeting was adjourned at 7:59 p.m.

 

 

 

 

                                                                             _____________________________________

                                                                Donald C. Starling, Chairman

 

 

 

 

 

                                                                _____________________________________

                                                                George A. Byrd, Jr., Secretary