CITY OF BURLINGTON PLANNING DEPARTMENT Telephone (336) 222-5084 Fax (336) 513-5410 P.O. Box 1358 Burlington, North Carolina 27216-1358 THE REGULAR MEETING of the BOARD OF ADJUSTMENT of the City of Burlington, North Carolina will be held on Tuesday morning July 10, 2018 at 8:30 a.m. in the Council Chambers, Burlington Municipal Building, 425 S. Lexington Avenue, for the purpose of hearing the following appeal: AGENDA ITEM NO. 1: Call meeting to order. ITEM NO. 2: Approval of the minutes of the meeting held June 12, 2018. ITEM NO. 3: CASE NO. 05-18 SPECIAL USE PERMIT (City) National Agents Alliance Vacant lot on Turrentine St. (Across from Turrentine St,) Alamance County Tax Map number 172414 Section 32.13.P Automobile parking lots and access driveways serving non-residential uses. All persons interested in the above mentioned appeal(s) are requested to appear before the BOARD OF ADJUSTMENT at the time and place mentioned above when, and where, they will be given the opportunity to be heard. The City of Burlington will provide reasonable accommodations, auxiliary aids, and services for any qualified disabled person interested in attending the public hearing. To request the above, you may contact Mrs. Rachel Kelly at (336) 222-5076 (Phone), or rkelly@ci.burlington.nc.us (email) no later than three (3) days prior to the date of the public hearing. H. E. Wilson, III Chairman, Board of Adjustment
MINUTES BOARD OF ADJUSTMENT City of Burlington, NC June 12, 2018 Members Present City: Mr. Ed Wilson, Chairman Mr. Mike Gee, Vice Chairman Mr. Robert Giles II (Alt.) Mr. Eric Grant (Alt.) ETJ: Mr. David McDevitt (Alt. ETJ) Members Absent City: ETJ: Mrs. Sylvia Greeson (Alt. ETJ) Also present were Mr. Joey Lea, Zoning/Subdivision Administrator and Mr. Chris Marland, Zoning Enforcement Officer. Chairman Mr. Ed Wilson called the meeting of the Board of Adjustment to order at 8:30 a.m. Chairman Mr. Ed Wilson stated, the city representatives to the Board of Adjustment are appointed by the City Council. This is a quasi-judicial hearing. Everyone speaking before the Board should state their name, sign the log on the podium, and swear or affirm that everything they say is true to the best of their knowledge. Appeals of the Board s decisions may be taken to the Alamance County Superior Court. The City will state their position because of their knowledge of the case and the technical codes. The applicant will state their case, and then anyone from the public may speak. After the applicant and the public have presented all evidence the Board will then close the meeting to the public and discuss the case and vote. During this time no more evidence shall be admitted nor any other arguments made unless the Board wishes to ask the Applicant a question pertaining to the evidence already presented. Anyone that tries to make an argument or present any evidence at this time will be out of order. The Chairperson may order any individuals who willfully interrupts, disturbs, or disrupts to leave the meeting. Any person who fails to comply with this order is guilty of a class 2 misdemeanor. An affirmative four-fifths vote is required to grant a variance. A majority vote is required to grant a Special Use Permit or to determine an appeal. DUE PUBLICATION Mr. Chris Marland, Zoning Enforcement Officer with the City of Burlington stated, due notice and publication of this meeting of the Board of Adjustment has been made, and all required property owners were mailed a notice advising of this meeting. SWORN TESTIMONY Prior to testifying before the Board, each party was sworn in or affirmed that the testimony they were about to give was true to the best of their knowledge. [1]
MEETING MINUTES Board Member Mr. Eric Grant made a motion to approve the minutes. Board Member Mr. Robert Giles seconded the motion. The Board voted unanimously to approve the May 8, 2018 meeting minutes. ITEM NO. 3: CASE NO. 04-18 SPECIAL USE PERMIT (ETJ) JTL Properties LLC 2260 S. Church St. Alamance County Tax Map number 120690 Section 32.9 Automobile parking lot serving non-residential uses in another district. EVIDENCE PRESENTED: Zoning Enforcement Officer Mr. Chris Marland stated, The applicants are here today to seek a special use permit for an automobile parking lot. If you notice in your packet what they are doing is behind the Keller Williams building on the corner of South Church Street and Gurney St. Behind this area is a grass lot that abuts their parking lot and they will extend the parking lot into that area. As such, this will require a special use permit as it is zoned residential and it is an automobile parking lot serving a nonresidential use. This plan was taken to our TRC, Technical Review Committee, where it was determined there that full TRC was not warranted however, it does meet all City requirements. I received a number of calls on this case, approximately 17 to 18 calls, and not one of them was against this. One of them wanted to point out that at some point in the past, there was a case that wanted to have an access off of Lee Drive to this property, and I assured him that was not part of this plan. He was ok with it as long as it did not come to that point again. Chairman Mr. Ed Wilson asked, they would have to appeal to put an access off Lee Drive? Zoning Enforcement Officer Mr. Chris Marland stated, if they wanted to yes but they have not shown any interest to do so. Chairman Mr. Ed Wilson asked, what are the specifics parts of the special use permit, are there any special conditions for this or just the general specifics? Zoning Enforcement Officer Mr. Chris Marland stated, in Section 32.13.P there is some requirements that would need to be read and one of them is findings. One of the Findings the board must find is that such a use will tend to relieve traffic congestion in the streets at and near the premises in question or will tend to reduce the number of vehicles moving on or parked on residential streets, thereby lessening noise, dust and fumes and tending to promote vehicular and pedestrian safety. I know with talking with them, and from what I have seen, the flow in and out of this parking lot, because of traffic at this point, is and can be problematic. I think they can testify more to that. This is a known congested parking lot. Vice-Chairman Mr. Mike Gee asked, so in your opinion Mr. Marland you are saying that this parking should relieve some of the congestion? [2]
Zoning Enforcement Officer Mr. Chris Marland stated, in my opinion, yes, but they can testify more to that. Chairman Mr. Ed Wilson asked, they need to give testimony for P1-8? Zoning Enforcement Officer Mr. Chris Marland stated, right. And you will see number 5: Such parking lot shall not extend into a Residential District more than 200 feet unless the Board of Adjustment makes a special finding that a greater distance will not adversely affect nearby properties. Mr. Mark Reich stated, I am with Alley, Williams, Carmen & King, Inc. Engineers, Architects and Surveyor s and everything I say will be the truth to the best of my knowledge. You should have received a plan in your packet that I will change my presentation here a little bit to be sure to address all of these items that we have listed here. Also with me here today, I will go ahead and point out I have Jason Lindley and Margaret Stephens with me and they also will be testifying to give additional information. Again, our purpose of this project is to provide additional parking to alleviate the congestion that has already been expressed. We are proposing putting in 48 parking spaces, the distance from the zoning line to the rear of the parking is less than 200 feet. Chairman Mr. Ed Wilson asked, do you know the distance? Mr. Mark Right stated, I can give you an approximate distance; I did not bring a scale. Zoning Administrator Mr. Joey Lea stated, if you look at the parking spaces they are about 150 or 160 feet from the property line of where it encroaches into the residential. Chairman Mr. Ed Wilson asked, the encroachment is about 150 feet? Zoning Administrator Mr. Joey Lea stated, about 150 feet, correct. Mr. Mark Right stated, it is about 140 to 150 feet. We will also be providing stormwater detention in accordance with the City of Burlington requirements for this project. It s approximately 20,300 sq. ft. of parking area shown on the plan. One of the conditions we are proposing here is that the City is requesting that we dedicate, at no cost to the City, a 3.5 wide of strip of land adjacent to and parallel with the existing southern right-of-way line of South Church Street. The existing right of way is approximately 5.5 based off the plans of the City of Burlington Engineering Department. The owners have agreed to dedicate that right-of-way whenever the City designs its future sidewalk and prepares the right-of-way and easement maps for the project at that time. The City will be responsible for relocating any existing utilities or landscaping as deemed necessary during the design phase of the sidewalk project. Also, the owner agrees to provide additional temporary construction easements for cut/fill purposes as determined during the design phase provided no damage to existing structures or landscaping will result. All costs associated with design, mapping, and construction of the sidewalk shall be by the City of Burlington. Also, as part of this agreement the owner will submit to the City for [3]
approval, a recombination plat to combine which would include 3 properties, we will need to eliminate one, I was advised a few minutes ago the one parcel of land that the detention base is shown on the map, that will not be a part of this. The City is saying if we combined that property into one that we can only have one house on there. So the one with the detention pond will remain as is, but we will be combining the 3 parcels abutting Lee Dr. This is done for the landscaping, because there is existing trees and they will be combined and provide a landscaping buffer. I will address all the issues from this sheet and start with the first one. Number 1, traffic congestion, I will state for the record we are not proposing any driveway connections to Lee Dr. or to any additional street. There is an existing driveway to Gurney Street and there is also the one onto South Church Street and those two will still be utilized. We propose to add 40 additional parking spaces here at the rear to alleviate traffic congestion in that area now as people are parking outside of parking spaces. I will let Mrs. Stephens address the issue about the value of adjoining properties she is a local realtor appraiser. Relative to number 2, I think we have addressed this and reduced it to a number of businesses that are parking on residential streets and I think the parking lot will help with this. By providing future sidewalks added along the front we will be addressing any future pedestrian s needs as well. The parking lot we have laid out is still going to be convenient without having to have any additional means of ingress and egress. You still have two that provide for public safety in case you have some sort of emergency you have access via the driveways. We are less than 200 feet into the residentially zoned area and we have established that to about 140 to about 150 feet. Item number six, we will be providing some lighting and the lighting will be directed internally to where it will not reflect out onto the adjoining properties. The pavement that we are providing will be an asphalt pavement so it will be paved and similar to what is there. We do not need an opaque screen because we have existing landscaping on the lot that we are combing to, and that lot is wooded, therefore that provides the opaque screen. I believe that addresses all those 8 items listed. Before I turn this over to Jason who can give you information on what they have done as far as contacting the property owners and such, we do think that this, in our opinion as far as professional engineers, is in keeping with the conformity and harmony of the area by basically serving the same need that s there. This is consistent with the general conformity of the City of Burlington Land Use Plan. Mr. Jason Linley stated, I m representing the landlord. As Mark and Chris mentioned, we do have many tenants that have been fortunate to grow in the plaza. They are all local businesses that have brought in more and more employees and customers and we are maxed out for parking. We are hoping this to be both, a relief valve for customers we already have, plus some additional room to continue growing in the future. In trying to be in harmony with both the plaza and with the neighbors, we actually chose to contact everyone that was on the City s contact list. We did this just to see what questions and concerns they may have and try and address those either to calm any concerns, or make adjustments in the plans. Fortunately, we received the responses that the City did, and we found no one contesting it. Most critically to us is the house on the left of this plan, immediately near the parking lot of the James Honeycutt s life estate. They were in favor of the plan, so hopefully he was one of the ones that called and was contacted but he had no issues with it. We do have general agreements with them to eventually acquire that property when the life estate expires. Otherwise, the only concern was exactly as he mentioned of no access to Lee Dr. We do not want access to Lee Dr. that is why it is not on the plan. There were [4]
no other concerns that we heard of, but I m happy to address any questions. Ms. Stephens is going to address the property values in a moment. Vice-Chairman Mr. Mike Gee asked, just to make sure I m clear, in your conversations with the City, the City requested that you guys provide a 3.5 foot easement along with the conditions a-e here and then you volunteered to recombine the properties? Mr. Jason Linley stated, yes sir. That assisted in using the existing vegetated buffer so it simplified matters while keeping the surrounding properties the same, as the neighbors were already used to seeing it. Ms. Margaret Stephens stated, I m here for a couple of reasons. First of all, the neighborhood is existing around the parking lot and facilities that are all on Church Street and it extends up on Gurney Street and extends up on May Drive so a lot of those properties have already been sold and resold. The property values are actually up right now and we are pleased about that for us and as well, for our sellers. The impact that this will have on the values is nothing; there is no impact. The values of those homes in that neighborhood will maintain their values because of their location. DISCUSSION & FINDING OF FACTS: Chairman Mr. Ed Wilson stated, the applicant has testified that they meet all the requirements of code section 32.13.P so I recommend approval. Mr. Eric Grant stated, I see it as being an overall improvement of the area that will help alleviate traffic conditions. DECISION: Board Member Mr. Mike Gee stated, I would like to make a motion that the four required conditions for issuing a Special Use Permit in accordance to Section 32.13.B(1)(a) are met due to the following Finding of Fact: 1. the use will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and approved: the findings of fact are, this is open land and as testified by Mr. Mark Reich, there will be no additional ingress/egress points onto Lee Dr. The City and the applicant both testified that there will be an improvement here with more organized parking that will help alleviate congestion at this site. 2. the use meets all required conditions and specifications: the findings of fact are, testimony by the City that the Pre-TRC found that it does meet all of the requirements. Testimony by Mr. Mark Reich showed that they met all requirements of section 32.13.P 3. the use will not substantially injure the value of adjoining property or that the use is a public necessity; the findings of fact are, testimony by Mrs. Margaret Stephens, a real estate appraiser with 40 plus years of experience in Alamance County, that this request will have a negligible [5]
impact on the values of surrounding homes and the values should remain constant. There was also no testimony refuting Mrs. Stephens opinion. 4. The location and character of the use if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Burlington and its environs; the findings of fact are, testimony by Mr. Mark Reich as a professional engineer his opinion is that this use will be in harmony with the existing use of the owners property and I agree with him. Board Member Mr. Robert Giles seconded the motion. AYES: Wilson, Gee, Giles, Grant, McDevitt NOES: Board Member Mr. Mike Gee stated, I would like to make a motion to approve the special use permit for JTL Properties LLC as Executive Park West to be located 2260 S. Church St., in Burlington due to previously stated findings of fact, and in addition they must be required to meet the conditions submitted with the application with the only change being the removal of parcel number A on section number 2 for the recombination of property, and the applicant and the owners shall complete the development in accordance with the plan submitted and approved by this board and if any of these conditions should or any part should be held invalid this permit should be void and of no effect. Board Member Mr. Eric Grant seconded the motion. The Board voted unanimously to approve the Special Use Permit. AYES: Wilson, Gee, Giles, Grant, McDevitt NOES: NEW BUSINESS: None MEETING ADJOURNED H.E. Wilson III, Chairman Kelly Peele, Secretary [6]
CENTER AV 719 721 EVERETT ST 1011 408 1014 1003 909 B-1 1305 1307 1208 1317 0 1006 913 412 410 MF- 1311 1015 1007 1309 1008 A 3 1016 1427 1314 1323 1322 1313 1009 1425 1428 1010 1429 1315 724 728 738 740 1024 1210 1431 419 413 1329 MF-B 734 1015 1014 919 1433 1434 1434 1436 1317 1319 417 1018 1019 1439 1438 1440 1401 1403 1444 1438 17 1439 418 416 1022 1442 1446 1450 1405 A8 B1 1443 406 404 1535 1452 1454 1406 332 3 07 1202 1444 1407 414 412 A6 B2 1543 0 1203 1460 1404 1542 1445 1456 330 A3 A4 1408 1410 1403 0 09 B5 1447 1458 1409 A1 1551 1406 1208 1550 1414 B7 B8 1449 1462 1411 828 F4 828 F6 1449 1413 1408 C1 1213 1416 C2 1559 1558 1464 1415 828 E2 828 F2 D5 D1 BLDG C 1451 1468 1466 453 447 415 413 409 1215 1567 1570 443 405 331 3 D4 D2 828 E1 1453 MF-B 1453 445 419 0 441 417 411 407 333 828 G2 O-I 1575 1578 1454 828 G3 1455 828 G4 1217 1581 438 1503 828 G5 1584 430 1459 418 813 414 406 1504 1503 33 1224 809 817 828 G6 434 821 1589 1588 410 1505 1506 1 825 1223 1224 1228 B-1 1507 1225 1510 1224 1226 607 1229 611 603 515 507 1523 MF- 1232 1228 1229 1228 511 503 B-1 A 335 1236 814 331 822 1233 1232 612 333 608 604 1642 504 818 1233 1234 826 1605 803 1237 1234 1646 508 1540 334 1237 328 3 811 1240 607 603 411 1607 815 1650 1304 821 1238 825 1243 326 1242 1546 0 611 1654 1308 1611 1301 1245 R-6 1610 1602 9 CI 1305 610 602 415 409 1613 1312 1246 1302 912 1612 916 929 606 1605 1606 1615 3 922 924 1666 1616 313 1314 810 814 818 839 822 1306 1301 1610 1308 R-6 1665 1660 309 15 1309 911 1310 416 410 408 1305 1659 1656 1702 1319 1614 1312 1703 915 1316 308 1320 809 817 825 1314 1324 1309 925 1627 1628 1651 1652 1615 1314 1618 821 1330 1910 23 1631 1632 1648 1705 1324 813 1318 1619 1313 1647 1914 1712 1340 335 CB 1711 27 1318 1635 1636 1637 1348 1621 1622 339 525 882 1918 1317 341 1322 1352 1641 1642 1645 533 517 1715 1716 31 1406 1623 513 509 1920 529 345 637 521 1704 1719 1324 1924 351 344 1721 1403 1414 A4 1414 C12 641 624 638 612 645 534 528 1703 346 1323 1708 348 1414 A3 518 508 1414 C11 630 640 618 606 1723 1405 1326 522 512 649 520 1707 411 407 350 1414 A2 1414 C10 1725 646 1717 1718 352 1712 1414 A1 1331 1332 653 1711 1414 C9 354 1714 07 705 1721 1722 1715 1720 358 1414 B1 402 1801 4 1414 E1 1333 1727 1728 405 1724 RAINBOW AV COLLINS DR 917 731 916 1002 1008 1012 KENW PARKWOOD ST OD DR SCOTT ST 837 KILBY ST 921 925 904 908 1001 SNOW CT 912 922 914 918 929 TURRENTINE ST 1008 1014 1020 1010 1016 1024 1015 BRADFORD CT FOXTON LN FARNINGHAM LN ARDEN ST STOKES ST PEACE LN 1131 1407 1408 1416 1313 MAPLE AV THOMAS AV CR 896 115 STOUT ST 419 424 418 413 SHOFFNER AV CATES AV 409 BELMONT ST QUINTAS AV THOMPSON ST ISLEY AV
1014 1015 1210 1431 919 1018 1438 1439 1022 1543 1202 1535 1542 1208 1213 1559 1575 1217 TURRENTINE ST KILBY ST 1223 1224 14 1453 1578 1581 1584 1459 1226 1229 1589 1588 1228 1232 FOXTON LN 1233 612 1234 608 604 1234 1238 1243 C LIN MER 611 1242 T ST 1246 912 916 610 922 606 602 504 1642 S COT T 503 1650 507 603 607 1240 1245 1646 1237 511 515 603 1228 607 611 1454 1503 FARNINGHAM LN 1224 14 1 1570 14 1567 1215 1444 1449 1558 1443 1550 1439 1447 1551 PEA CE LN 1203 1434 1019 1433 1654 508
1011 1015 925 1008 1001 1012 1014 1003 1016 909 913 1010 1014 1018 810 814 818 822 1309 1320 323 327 1403 1405 COLLINS DR 331 1324 809 817 825 821 813 407 1414 B1 1305 1309 1314 1318 1313 1414 C12 1414 C11 1414 C10 1414 C9 1414 E1 1308 1317 1406 1414 A4 1414 A3 1301 839 1310 PARKWOOD ST 1414 A2 1414 A1 1306 1246 1312 1314 1318 1322 1323 1324 1326 1331 1333 1332 911 915 922 1316 1324 1330 1340 1348 1352 1408 1131 1407 B-1 1427 1429 1416 1313 1317 1322 1428 419 115 424 1305 1307 1309 1311 1313 1315 0 1314 418 413 409 412 410 408 1323 1431 ST 912 916 O-I T ST 924 LN 1319 CO TT SNOW C 1314 315 1302 CR 896 925 MF- A3 1329 413 419 MF-B 1433 1434 1317 1436 1319 417 1434 CATES AV 1401 1403 1439 1438 1440 1444 1438 1405 1450 418 416 1439 404 1442 1446 1454 412 406 1443 1406 332 414 1452 1535 0 3 1407 1404 1543 1444 1460 1445 1456 330 1410 1542 0 1403 1409 1408 1447 1406 1458 1551 1414 1550 1449 1462 1411 1413 1408 1449 1416 1464 1415 1559 1558 1451 1468 1466 453 447 415 413 409 405 1567 331 3 1570 443 419 1453 417 411 407 QUINTAS A 333 445 441 1453 V MF-B 1575 1454 1455 1578 1503 438 430 1504 1581 418 414 1584 406 1459 33 1503 434 1505 1589 410 1506 1588 1507 B-1 1510 515 611 607 603 MF1523 507 FOXTON LN 511 A 503 B-1 335 333 331 612 608 604 504 1642 ISLEY AV 1605 508 1646 1540 334 328 411 1607 607 603 1650 326 1546 1611 1654 611 1610 R-6 1602 1613 415 409 610 602 CI 1612 1606 1615 1605 929 606 1666 1616 313 S HOFFNE R AV 1610 309 R-6 1665 1660 416 410 408 1702 1614 1659 1656 1703 308 1615 1627 1651 1652 1628 1618 1910 1705 1712 1648 1631 1632 1647 1619 335 1914 1711 CB 1621 339 1636 1637 1622 1635 1918 1716 882 1715 525 517 341 1642 1645 533 1623 1641 1920 513 509 345 521 ST 529 1719 1704 637 ARDE N ST N 344 O 1924 351 PS 1721 641 M 346 1703 624 612 638 1708 508 HO 534 528 518 645 348 T 1723 630 618 512 606 411 407 640 522 520 1707 350 649 1725 352 1717 1718 1712 646 1711 653 354 1714 BR 1721 1722 A 1715 705 DF 358 4 OR 1720 1801 402 DC 405 1728 1727 T 1724 1210 919 KILBY ST 13 1305 1015 M HA I NG RN FA 1312 1208 STOKES ST 1425 1019 717 A8 B1 1022 B2 A6 1202 1203 207 A3 A4 B5 209 A1 1208 B7 B8 828F4 828 F6 C1 C2 1213 828 E2 828 F2 BLDG C D1 D5 1215 D4 D2 828 E1 828 G2 20 828 G3 KE NWO 1217 828 G4 OD D R 828 G5 813 828 G6 1224 809 817 821 1223 21 825 1224 1228 1225 1226 1224 1229 1232 1228 1 1228 1229 1236 814 1232 5 1233 822 1234 1233 818 826 1234 803 1237 1237 3 811 1240 815 1238 821 1304 1243 825 1242 00 1308 1301 1245 S 09 1008 RAINBOW AV 922 918 929 914 1020 1014 1024 1016 1010 1015 912 1009 1024 1006 1008 1007 724 728 738 740 734 904 908 BELMO NT 1002 731 STOUT ST 721 EVERE TT ST 719 921 MAPLE AV CENTE R AV 837 916 PEACE LN 917 TURRENTINE ST THOMAS AV
PEACE LN 9 4 807 MIAMI AV 802 806 810 804 VANDERFORD ST 837 1229 1217 1223 1215 1015 1019 1203 1213 1009 KILBY ST 1001 1003 1224 1226 1228 915 915 919 920 921 925 1007 907 913 919 1018 1202 1208 1014 1022 1008 1010 904 1006 908 916 920 924 908 914 912 909 913 918 919 922 909 913 923 929 TURRENTINE ST 912 922 924 1210 From Maple Ave., turn West onto Stokes St. Turn left onto Turrentine St. The property will be the first vacant lot on your right. 914 918 1008 1208 1014 1010 STOKES ST 1015 1211 1219 DONOVAN ST 1020 1024 1016 611 607 1551 1559 1567 1575 1543 1581 1589 603 FOXTON LN FARNINGHAM LN 1578 1584 1588 515 1213 1535 1542 1550 1558 1570 511 507 1439 503 1447 1449 1453 1459 1425 1431 1215 1131 1407 1434 1438 1444 1454 1503 MAPLE AV 1429 1427 1433 1439 1222 1443 1445 1449 1451 1453 1408 1455 1416 FLUSHING ST 1454 1434 1438 1436 1440 1442 1446 1444 1448 1450 1452 1523 1428 1460 1313 1462 1464 1466 1468 406 THOMAS AV 1317 1458 334 331 1456 1322 327 321 328 453 447 443 445 441 QUINTAS AV 438 1305 1309 1307 1311 1317 1319 1401 1403 1411 434 1313 1315 1405 1407 1409 1413 1415 1507 318 CLEVELAND CT 115 430 STOUT ST 427 435 1314 CATES AV 418 419 1416 419 431 424 1404 1406 1408 1410 1414 4 41 41