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Home My Public Portal About1.23.1990 Public Hearing Agenda & Minutes Planning Boardq { C own of `.�i' fflshoraug4 HILLSBOROUGH, NORTH CAROLINA JOI14T PUBLIC HEARING January 23, 1990 (snow date 1/30/90) 7:00 PM Town Barn 101 E. Orange Street P.O. Box 429 (919) 732-2104 ITEM #1: Rezoning Request of the Meadowlands Inc. to rezone approx. 25.9 acres on the south side of Hwy 70A and to the north of the Meadowlands Dr. from AR (Agricultural Residential) to GC (General Commercial). 4.40.A.14 & part of 4.40.A.11. (attachments) ITEM #2: Text amendments to the Subdivision Re ulations:(attachments) #2a: Delete Section 6 "Ordinance Requirements"; #2b: Amend Appendix G to allow for dense planting in lieu of a stockade fence; 12c: Amend Section 3.D.1 to allow Preliminary Plan action within 48 days of the meeting at which the Planning Department's report is submitted. ITEM #3: Text amendments to the Zoning Ordinance: (attachments) #3a: Amend .Section 12.2.3 to have 7 in -town and 3 out-of-town representatives on the Planning Board; #3b: To amend the definition of Sight Preservation Triangle and Section 8.5 to require a sight preservation triangle of 10' x 70' triangle; #3c: To amend Section 4.16.2 to allow for reduced notification requirements on Temporary Mobile Home renewal of CUP -2; #3d: To correct secretarial error in Section 6.6 Secondary School parking. Please contact Janet Rigsbee at 732-2104 (mornings) if you cannot attend this public hearing. MINUTES JOINT PUBLIC HEARING JANUARY 23, 1990 TOWN Horace Johnson (Mayor), Allen Lloyd, Bobby Riley, Bob Rose, BOARD Carol Lorenz, Remus Smith PRESENT: PLANNING Bill Crowther (Chair), Tarleton Davis, Cheshire Cole, Richard BOARD Simpson, Ida Louise Evans, Sam Jones PRESENT: ABSENT: Ken Chavious, Dr. Robert Murphy, Margaret Moore (alt.), Jim Culbre th (alt.), Wayne Tilley OTHERS George Horton, Barbara Page, Agatha Johnson, Phillip PRESENT: Whitaker, Janet Rigsbee, Joff Coe (Secretary) Mayor Johnson called the meeting to order at 7:12 PM and announced the January 24, 1990 meeting with Triangle J Council of Governments. He then turned the Chair over to Crowther who greeted the members and reviewed the Public Hearing process. ITEM #1: Rigsbee reviewed the request of the Meadowlands Inc. to rezone approximately 25.9 acres on the south side of Hwy 70A and to the north of Meadowlands Drive from AR (Agricultural Residential) to GC (General Commercial) by reading her analysis in the agenda. Crowther asked for a clarification of the area and Rigsbee indicated this on the map. Lorenz asked about the 2 story brick house near the site and Rigsbee indicated the location on the map and noted that it was not in the area to be rezoned. Crowther asked if this was the first rezoning request and Rigsbee answered yes. He then asked if there were any questions or public comments. Page asked to speak and she was recognized by Crowther. Page said several adjacent property owners had expressed concern about the rezoning at the last Public Hearing. She said across the street there were septic tanks draining into the pond via a small creek and with added commercial development there could be a problem with increased pollution. She said the AR or OI (Office Institutional) may not add to a potential pollution problem but that GC usage would. Crowther recognized Horton who said the property was originally zoned OI by Orange County before annexation but at the time of the new zoning request he was not prepared on this acerage as there was no survey map. He said it was desirable to offer GC zoning to potential clients but he thought the primary usage would eventually be offices. Horton said the difference in the buffer requirements between AR and GC zoning would interfere with the setting they were trying to achieve. He stated they planned to retain the 4 JOINT PUBLIC HEARING JANUARY 23, 1990 PAGE 2 existing vegetative buffer around the pond. Horton also stated the GC zoning would allow them the flexibility they needed to develop the area. Whitaker noted that Town water and sewer were available at the site and therefore there would be no additional sewage runoff into the pond. Crowther asked if the neighbors had been notified and Rigsbee answered yes. Rose said he had spoke with two of the three immediate neighbors and they were not opposed to the rezoning. ITEM #2A: Rigsbee reviewed the text amendment to delete Section 6 of the Subdivision Regulations (agenda). Crowther asked if there were any questions and Rose asked why the change was necessary. Rigsbee said the Town Attorney had advised her this section was unenforceable and Whitaker noted the Town couldn't deny a subdivision request because of violations of the Zoning Ordinance. Crowther asked if there were any public comments and there were none. ITEM #2B: Rigsbee reviewed the text amendment to the Subdivision Regulations to amend Appendix G to allow for dense planting in lieu of a stockade fence (agenda). Crowther asked if there were any questions or public comment and Horton noted it would take a long time for new plants to grow to the height requirements. Rose stated it was specified in the Ordinance that the type of plant used would eventually reach the height requirement. ITEM #2C: Rigsbee reviewed reviewed the text amendment to amend Section 3.D.1 of the Subdivision Regulations to allow Preliminary Plan action within 48 days of the meeting at which the Planning Department's report is submitted (agenda). Crowther asked if there were any questions or public comment and there were none. ITEM #3A: Rigsbee reviewed the text amendment to the Zoning Ordinance to amend Section 12.2.3 to have 7 in -town and 3 out-of-town representatives on the Planning Board. Smith asked if there was any movement to extend the ETJ and Crowther said only Orange County could grant and extension of the ETJ boundaries. Rigsbee stated she had sent a letter and agenda regarding this item to the Orange County Manager and Planning Director and had not received any comment from them. Rigsbee reviewed the approximate population figures which were: in 1985 the total population in the Zoning Area was 6,340 with 3,310 in town and 3,030 out of town; in 1988 after annexation of the Flint Ridge and Fairview areas the in town was 4,810 and out of town 1,530. She said the Boards may want to JOINT PUBLIC HEARING JANUARY 23, 1990 PAGE 3 consider changing the ratio on the Board of Adjustment in the future. Crowther then asked for additional questions or public comment and there were none. ITEM #3B: Rigsbee reviewed the text amendment to amend the defintion in the Zoning Ordinance of a Sight Preservation Triangle and Section 8.5 to require a sight preservation triangle of 10' x 70' and accordance with NCDOT standards. Crowther asked if there were any questions or public comment and there were none. ITEM #3C: Rigsbee reviewed the text amendment to amend Section 4.16.2 of the Zoning Ordinance to allow for reduced notification requirements on Temporary Mobile Home renewal of CUP -2 (agenda). She also noted the Board of Adjustment would approach the Town Board for a reduced fee in this case. Johnson asked if there were any provisions for changing conditions and Rigsbee said the home would need to be moved after 90 days after the condition no longer existed. Smith asked why this procedure was necessary and said the process should be simplified. Crowther noted that a bypassing of the procedures would require the Town staff be authorized to waive the Zoning Ordinance. Rigsbee suggested the new application could be in the form of a simple letter or phone call and Rose said he didn't see anything wrong with an in-person application but would be against a telephone authorization. He also said he did not object to a formalization of the process. Evans said 90 days seem to be too short a grace period to allow for removal of the mobile home and Crowther said the Planning Board could address these concerns and make a recommendation to the Town Board. Crowther asked if there were any further questions or public comment and there were none. ITEM #3D: Rigsbee reviewed the text amendment to correct a secretarial error in Section 6.6 concerning Secondary School parking (agenda). Crowther asked if there were any questions or public comments and there were none. Crowther adjourned the meeting at 7:48 PM. Joff Coe, Secretary