HomeMy Public PortalAbout09-15-2016 Minutes PB Regular MeetingPlanning Board Minutes
September 15, 2016
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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
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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