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HomeMy Public PortalAbout09-15-2016 Minutes PB Regular MeetingPlanning Board Minutes September 15, 2016 Page 1 of 2 MINUTES HILLSBOROUGH TOWN BOARD Thursday, September 15, 2016 7:00 PM, Town Barn PRESENT: Chair Dan Barker, James Czar, Erin Eckert, Lisa Frazier, Janie Morris, Doug Peterson, Jenn Sykes, STAFF: Planning Director Margaret Hauth, Eddie Sain ITEM #1: Call to order and confirmation of a quorum Chair Barker called the meeting to order and Ms. Hauth confirmed the presence of a quorum. ITEM #2: Consideration of additions or changes to the agenda There were none. ITEM #3: Approval of minutes from August meeting Ms. Eckert suggested a language clarification in the motion made on the townhome development. Ms. Hauth reported that Monday night the Town Board approved the project with the condition re- worded by Town Attorney Bob Hornik. Ms. Hauth suggested an edit to make the motion clearer in the minutes. MOTION: Ms. Morris made a motion to approve the minutes as corrected. Ms. Eckert seconded. VOTE: Unanimous ITEM #4: Discussion of package of text amendments needed to make ordinance compliant with state law regarding stormwater. Ms. Hauth explained recent state law stipulates that municipalities cannot be more strict than the state is. These amendments reflect that. Ms. Hauth said she doesn’t know that these changes will impact water quality but they are changes that cannot be considered editorial. She clarified that the state law hasn’t changed, the law just stipulates that local laws can’t be more strict than state law. MOTION: Mr. Czar moved to send these to public hearing. Ms. Frazier seconded. VOTE: Unanimous ITEM #5: Discussion of potential text amendments regarding non-conformities Ms. Hauth explained there’s a provision in the ordinance that basically says non-conformities are bad and you can’t make things worse. If you are expanding and non-conforming, you really need to try to come into compliance. It’s not a hard and fast rule. She gave two examples. One is a house on Cornelius Street, the Barber Shop next to former Lunsford store. The house was zoned commercial years ago. A barber comes in and doesn’t need to do anything but put gravel down for parking. The planning staff debated whether the business owner needed to put in landscaping, a buffer in back, and pave the parking. Planning staff decided not to insist on those improvements. Her second example is the Music Makers building, which had been developed commercially long before Hillsborough had zoning and it’s across from a cemetery and across from houses. There are no buffers, no setbacks. Music Makers wanted to build an addition. Planning staff has cautioned Music Makers that the addition could trigger having to come into compliance. Music Makers is holding off. Ms. Hauth said she understands we do want businesses to meet the new ordinances because we are trying to set up a higher standard, but she is asking this board to consider whether there is a range of conditions under which it’s better to let the business occupy the building and not fully enforce the ordinance until somebody wants to make a bigger investment in the building. She tried to list out a range of circumstances. Planning Board Minutes September 15, 2016 Page 2 of 2 Ms. Hauth said she tried to put in something about when the property is redeveloped versus rezoned, but she wasn’t as comfortable with that. She added there are a range of other examples and that she could have just as easily talked about the car dealerships on South Churton Street. Chair Barker said what came to his mind is the UNC ADA compliance calculation when upgrading. That rule is upgrading for ADA compliance should not exceed 10 percent of the calculated costs. Mr. Czar acknowledged among Ms. Hauth’s suggestions was a similar calculation (number 7 under 7.3.2). Ms. Eckert said this is assuming neighboring properties aren’t bothered by the business. If someone else comes in to the building and neighbors have been complaining about nonconforming lighting, then it would have to be addressed. Ms. Hauth said it’s fairly uncommon to get those kinds of complaints. Ms. Hauth suggested we could say if the file contains verifiable complaints, Chair Barker added then those are the prioritized things to resolve. Mr. Peterson wondered how does one determine the cost of upfitting a building. Mr. Czar said anything with a permit has an estimated cost. He suggested replacement cost should perhaps be assessed tax value instead. Ms. Hauth agreed. Ms. Hauth said perhaps she can apply this to a couple of circumstances and circle it through staff and Mr. Hornik. Ms. Eckert is thinking if someone buys property next to a nonconformity with the assumption that when the use changes, the property will get improved, that person could be frustrated/disappointed if the town says the new business doesn’t have to come into compliance. Ms. Hauth clarified we’re talking about nonconforming characteristics. It’s not a nonconforming use. It’s the lighting, the amount of parking, the dumpster location, the landscaping. MOTION: Mr. Peterson moved to send this to public hearing. Mr. Czar seconded. VOTE: Unanimous ITEM #6: Review of non-residential permitted use table. Ms. Hauth said we made a handful of things Conditional Use Permits and those involved people or pets staying in a facility for an extended period of time. She wonders if we’re looking at that wrong because we ask these things to be Conditional Uses because we were concerned some of the land surrounding might not be conducive. That begs the question does that use belong in that zoning district. As it stands, if a business comes in and says we’re this and the Planning Department says you’re not, the applicant can appeal to the Board of Adjustment. The board agreed to place this on a future agenda. Ms. Eckert suggested the board determine whether members are to think of where a business does belong or think of restricting where a business doesn’t belong. ITEM #7: Adjourn MOTION: Mr. Czar made a motion to adjourn the meeting at 7:47 p.m. Ms. Eckert seconded. VOTE: Unanimous Respectfully submitted, Margaret A. Hauth Secretary