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BURLINGTON PLANNING AND ZONING COMMISSION

 

August 25, 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, Present                                                                     Celo Faucette, Present

Paul Cobb, Present                                                                        Gale Fletcher, Present

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

Russ Smith, Planner II

Kurt Pearson, Planner II

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 July 28, 2003, were unanimously approved.  This was a City and extraterritorial item.  

 

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

 

(A)   Ms. Ann Davis presented an application for final plat approval of the Nancy H. Keziah Subdivision.  The property is located on the western side of Huffman Lane and to the south of South Church Street as shown on a plat by Boswell Surveyors dated Aug. 13, 2002, and containing three lots.

 

          Consent agenda:  (Extraterritorial)

 

(A)   Mr. James Lowe, representing Mr. Charles Hursey for the E. H. Phillips Heirs, presented an application for final plat approval of the E. H. Phillips Heirs Subdivision.  The property is located at the southeastern side of Flora Avenue and Troendly Street as shown on a plat by Carolina Cornerstone Surveying dated August 7, 2003, and containing five lots.

 

(B)   Mr. Matt Hurdle, representing Outer Banks Construction Company, presented an application to amend the previously approved preliminary plans for the Riverbend Subdivision.  The initial approval on January 27, 2003, was for 88 residential lots.  The amended request is for 14 additional residential lots.  The property is located on the southern side of Haw River and to the southeast of the Town and Country Estates Subdivision as shown on plans by Coastal Engineering dated August 5, 2003.

 

       Commission Member Byrd asked if anyone was present with questions about (B).  There were no questions.

 

       Staff recommended approval of both Items (A) and recommended approval of (B) contingent upon all engineering requirements being approved by the City Engineering Department prior to construction.

 

       Commission Member Fletcher made a motion to recommend approval of both Items (A) and to approve (B) with the contingency outlined by staff.  Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of both Items (A) and approved (B) contingent upon all engineering requirements being approved by the City Engineering Department prior to construction.

 

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

 

       ITEM NO. 4: Mr. Ronald Copland presented 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 item was tabled by the Commission at its July 28, 2003, meeting because there was not a quorum due to one member requesting to abstain because of a possible conflict. 

 

       This was a City item.

 

       Commission Member Cobb asked that he be allowed to abstain from voting. 

 

       Mr. Copland stated that Mr. Darrell Russell was present in case Commission members had any engineering questions.

 

       Mr. Copland pointed out the various zonings on the lot and stated that there will be a buffer of R-9 zoning.

 

       Commission Member Byrd asked if staff had received any calls about the rezoning request.  Zoning/Subdivision Administrator Emerson stated that he had only one call about the rezoning.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that there is good access to the property and that the rezoning will eliminate multiple zoning patterns on the property.  He also pointed out that the R-9 zoning will offer an adequate buffer.

 

       Commission Member Burwell made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh 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. Dale Congdon presented an application to rezone from B-2, General Business District, to R-6, Residential District, the property located on the western side of Jeffries Street between Apple Street and Fisher Street and being as shown on Alamance County Tax Map 57, Block 239, Lots 20 and 39. 

 

       This was a City item.

 

       Mr. Congdon stated that he had an option to purchase the property and that the property owners were present in case anyone had any questions.

 

       Mr. Harrell Richardson, 429 Jeffries Street, asked that the sellers of the property get the purchaser to sign an agreement in order to limit the development to single-family homes and disallow multifamily development or a trailer park.

 

       Planning Director Harkrader stated that such an agreement would have to be negotiated privately between the seller and buyer.  He pointed out that multifamily units would be permitted under the current zoning and that the property was once zoned multifamily. 

 

       Mr. Congdon stated that the property was going to be developed with single-family dwellings and that he had no intentions of developing it multifamily.

 

       Commission Member Burwell asked Mr. Congdon if he had a plat of the lots.  Mr. Congdon stated that he did, and according to the survey, there was supposed to be 1.87 acres; however, due to topography and configuration, there is actually less that 1 1/2 acres.  He pointed out that some of the property extends into the street as well as to the other side of the street.

 

       Mr. Burwell asked if six or seven homes could be built on the property.

 

       Planning Director Harkrader pointed out that even more could be built in B-2 zoning; however, due to the configuration of the lots, less than six or seven could be built in R-6 zoning.

 

       Commission Member Fletcher pointed out that the street couldn't be closed because there are several homes located on it.

 

       Zoning/Subdivision Administrator Emerson stated that there are no plans to close the street and that all property owners would have to agree before that could happen. He explained that the public right-of-way for the street will be re-dedicated.

 

       Staff recommended approval of the request for rezoning on the basis that it would be an appropriate extension of existing R-6 zoning and would be compatible and beneficial to the neighborhood.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Jim Burwell 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. Eugene Petersen, Askew-Petersen Monuments, presented an application to rezone from O-I, Office-Institutional District, to CB, Conditional Business District, to allow the manufacture, sale, outside display and storage of cemetery and monumental goods along with related items.  The property is located on the northwestern side of South Main Street (1219, 1223 and 1225 South Main Street and 110 Glendale Avenue) and being as shown on Alamance County Tax Map 94, Block 403, Lots 1, 3, 4 and 14. 

 

       This was a City item.

 

       Mr. Petersen stated that the facility had been in operation since 1911 and that he and his wife purchased it in 1984.  He read letters from the following adjoining property owners endorsing the change in zoning: Apple, Bell, Johnson and Company, CPA's; Simmons Engineering and Surveying; Don Morrison with Allstate Insurance; and Bill Anders with Burlington Tire Company.  Mr. Petersen stated that the manufacturing phase of the business will be contained on the current lot and would not be expanded and that the other lots will be utilized for outside display, storage and sales.

 

       Mr. Bob Hayes stated that he represented adjoining property owners, Mr. and Mrs. Del Stowe, who were opposed to the rezoning.  He relayed that the Stowes do not want the business to come any closer to their home and since Askew-Petersen Monuments is a non-conforming use of the property, they did not want to see it expand.

 

       Commission Member Millspaugh pointed out to Mr. Hayes that manufacturing will remain at the current location and would not be expanded towards the Stowes.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader reviewed the Conditional Business District zoning classification which specifies only certain uses be allowed and that the petitioner must abide by the uses submitted on the application. 

 

       Mr. Harkrader stated that manufacturing will be allowed only on Lot 1 and that Lots 3, 4 and 14 will continue to be utilized for outside display purposes, storage and sales and that no grinding of monuments will be allowed except on Lot 1.  He also noted that Mr. Petersen will construct a six-foot opaque fence between his property and the Stowes and that no additional signage, except directional signage, is planned.

 

       Commission Member Hargrave inquired about the lot on Glendale Avenue.  Mr. Petersen stated that an insurance agency is operated from the home and that the agent resides upstairs.

 

          Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh 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: Ms. Judy Ward presented an application to rezone from O-I, Office-Institutional District, to CB, Conditional Business District, to allow a nail and tanning salon.  The property is located on the southeastern side of South Mebane Street (1708 South Mebane Street) and being as shown on Alamance County Tax Map 12-9, Lot 87. 

 

       This was a City item.

 

       Ms. Ward stated that she had several requests for various uses, but due to the zoning, those uses were not allowed.  She requested that the Conditional Business classification be approved to allow any use allowed in the current O-I District.

 

       Commission Member Hargrave asked how many offices are in the building and was told four but that three more buildings are planned for the development.  He asked if traffic was a concern, and Ms. Ward stated that she has not found that to be a problem due to the patience and courtesy of other people.

 

       Staff recommended approval of the request for rezoning for the items listed in the rezoning application.  Planning Director Harkrader stated that it was the intention of the Conditional Business District classification to help such businesses and to prevent unchecked B-2 uses.

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Jim Burwell 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. William G. Howard, representing Alltel Communications, Inc., presented an application to rezone from B-2, General Business District, to CB, Conditional Business District, to allow the construction and maintenance of a 100-foot free-standing monopole telecommunications tower and an associated equipment shelter.  The property is located on the western side of Rauhut Street (1309 Rauhut Street) and to the north of the intersection of Sharpe Road and being as shown on Alamance County Tax Map 12-46, a portion of Lot 23. 

 

       This was a City item.

 

       Mr. Howard introduced Mr. Bill Scott, Jr., who will be leasing the property to Alltel.  Mr. Howard explained that the fenced tower will be on property where Alamance Foods Distribution Center and Triton Water are located and is needed due to an increase in customer demand.  He pointed out that a grove of trees will also help to screen the tower and that the existing access road will be utilized.  Mr. Howard also explained safety precautions taken in the construction of the tower and how the company had investigated all avenues in securing a location.

 

       Commission Member Byrd expressed concerns about the safety of residents on Morgantown Road.  Mr. Howard explained that extensive testing has been done on the towers, and they are designed to collapse upon themselves.  Additionally, they are designed to withstand hurricane-wind forces and extensive icing and meet all building codes.  Mr. Howard passed around pictures of a tower in Atlanta that withstood hurricane-force winds and stated that he knew of no tower failures in North Carolina.

 

       Commission Member Fletcher asked if he knew of any tower failures in other areas, and Mr. Howard stated that he knew of one in Harnett County that was hit by an airplane.

 

       Commission Member Faucette asked if staff had received any calls about the rezoning request and was told no.

 

       Commission Member Hargrave asked if there would be any frequency interference to nearby PA systems in churches or to radios, and Mr. Howard stated that there would not be.  He pointed out that the FCC regulates wireless communications and that truckers using citizen band radios, even though they operate on low frequencies, may be effected.

 

       Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated that the tower meets all basic specifications, and in case of a catastrophic event, the tower will collapse upon itself. 

 

       Commission Member Cobb made a motion to recommend approval of the request for rezoning.  Jim Burwell 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 9:  Staff presented proposed amendments to Section 32.2:Q of the City of Burlington Zoning Ordinance text pertaining to Water Supply Watershed Protection Regulations pursuant to directives from the State of North Carolina, Division of Water Quality.

 

       This was a City and extraterritorial item.

 

       Planner Russ Smith explained that after Burlington City Council approved amendments to the Zoning Ordinance pertaining to watershed regulations in June, the regulations were sent to the State Division of Water Quality.  The state division noted that Burlington is now classified as a four as far as a Watershed Critical Area and that because of this classification, a 100-foot stream buffer is required.  Mr. Smith noted that these changes have been mandated by the state and that staff recommends approval.

 

       Commission Member Cobb made a motion to recommend approval of the amendments. Richard Franks seconded the motion.  The Commission voted unanimously to recommend approval of the following amendments:

 

Amend Section 32.2:Q.4.a as follows:  (Change is shown in bold type.)

 

FROM:

 

a.       Watershed Areas Described and Identified – For purposes of these Regulations, watersheds in the City of Burlington, including the area within the extraterritorial jurisdiction (ETJ), are identified as well as a WS-II-CA Watershed Critical Area (WCA).  The Great Alamance Creek Watershed is identified as a WCA.  The WCA is the area extending either one mile from the normal pool elevation of a water supply reservoir or to the ridge line of the watershed  (whichever comes first); or one mile up stream from the intake located directly in the stream or river (run of the river), or the ridge line of the watershed (whichever comes first).  The Balance of Watershed (BOW) is defined as the entire land area contributing surface drainage to a specific point, the public water supply intake, minus the Watershed Critical Area. In order to maintain a predominantly undeveloped land use density pattern in the Watershed Critical  Area, single-family  residential uses  shall  be allowed  at a maximum of one


         

          dwelling unit per two acres (one dwelling unit/two acres).  All other residential and non-residential development shall be allowed at a maximum six percent built-upon area. A high-density option exists when water and sewer services are available. (Amendment adopted June 17, 2003)

 

TO:

 

a.       Watershed Areas Described and Identified – For purposes of these Regulations, watersheds in the City of Burlington, including the area within the extraterritorial jurisdiction (ETJ), are identified as well as a WS-IV-CA Watershed Critical Area (WCA).  The Great Alamance Creek Watershed is identified as a WCA.  The WCA is the area extending either one mile from the normal pool elevation of a water supply reservoir or to the ridge line of the watershed  (whichever comes first); or one mile up stream from the intake located directly in the stream or river (run of the river), or the ridge line of the watershed (whichever comes first).  The Balance of Watershed (BOW) is defined as the entire land area contributing surface drainage to a specific point, the public water supply intake, minus the Watershed Critical Area. In order to maintain a predominantly undeveloped land use density pattern in the Watershed Critical Area, single-family residential uses shall be allowed at a maximum of one dwelling unit per two acres (one dwelling unit/two acres).  All other residential and non-residential development shall be allowed at a maximum six percent built-upon area. A high-density option exists when water and sewer services are available.

 

Amend Section 32.2:Q.4.a.(3)(g) as follows:  (Change is shown in bold type.)

 

FROM:

 

(g)      Stream Buffer - A 50-foot stream buffer on each bank is required on all perennial streams.

 

TO:

 

(g)      Stream Buffer - A 50-foot stream buffer measured from each bank is required along all perennial streams when utilizing the low-density option.  A 100-foot stream buffer measured from each bank is required along all perennial streams when utilizing the high-density option.

 

 

       There being no further business to discuss, the meeting was adjourned at 7:58 p.m.

 

 

 

 

                                                                             ________________________________________

                                                                             Donald C. Starling, Chairman

 

 

 

 

                                                                                                ________________________________________

                                                                                                George A. Byrd, Jr., Secretary