Planning and Zoning Commission recommends approval to amend conditional rezoning at 3715 Garden Road

The Burlington Planning and Zoning Commission on May 18 recommended that the City Council approve an amendment to conditional rezoning CR943 for three properties at 3715 Garden Road, a 4.45-acre tract (PIDs 107000–107002).

Planning staff said the proposal would remove the requirement tying the rezoning to the specific site plan approved in 2016 while retaining the original development conditions, including the approved number of units. "None of the conditions associated with the development in terms of the number of units or any of these other development conditions associated with the site that was discussed and approved in 2016 have changed," planning staff said, and staff recommended approval as consistent with the comprehensive plan's future land use designation for the area.

The applicant's representative said the client needs flexibility because building dimensions and site topography have changed since 2016, pointing to stormwater coming onto the site. The representative said removing the old site-plan reference would permit a different layout while keeping the same unit count. "I need flexibility to develop the site and get the same number of units that the original applicant showed on their site plan," the representative said.

During public comment, Christie Wilson, whose mother owns property at 3768 Garden Road, said Garden Road is a dead end with eight houses and expressed concern that residents of the proposed development (staff noted the proposal includes 72 units) would use her mother's private drive to reach Joe Davidson Park. "Our concern is those residents getting access to the park. They will likely naturally come down our private road," Wilson said, and she urged the commission to require a sidewalk or otherwise provide safe access.

Commissioners and staff responded that sidewalks on nearby St. Mark's Church Road are part of a DOT-scored, multi-jurisdictional prioritization process and that, in practice, the city often requires sidewalks as part of new development. Staff also noted that the original 2016 approval included a 40-foot right-of-way dedication for potential future widening of St. Mark's Church Road, which could provide an opportunity to incorporate sidewalks if and when roadway improvements occur.

A motion to recommend approval—citing consistency with the comprehensive plan and no change to approved density—passed on a roll-call vote. The commission forwarded the recommendation to the City Council for consideration at a subsequent meeting; staff said notice and signs will be updated ahead of that council hearing.

Next steps: the recommendation will be considered by the City Council at a future June meeting; if approved by council the applicant will return to the technical review committee for formal site-plan review before construction.