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HomeMy Public PortalAbout5.3.1990 Agenda & Minutes Planning BoardPAGE 01 a w n of Effis b.ar.attg4 HILLSBOROUGH, NORTH CAROLINA _ AGENDA PLANNING BOARD Thursday, P4ay 3, 1990 6:30 Pro Town Barn 101 E. Orange Street P.O. Box 429 (919) 732-2104 ITV4 #1: Consideration of additions.to the agenda. t + ITEH #2: Approval of the minutes of the April 5, 1990 meeting and the April 24, 1990 Public Hearing. ITEP4 #3: Comments from the Chair. IMI #4: Comments from the Chair of the Park & Recreation Task Force. A-E ITEP1 #5: Decision on the Appeal of Jerry Stone. (attachments) ITEMS FROPI APRIL 24, 1990 PUBLIC HEARING - RECOtVIENDATIONS TO THE TOWN BOARD ARE NEEDED: REZONING REQUESTS - MAP AMENDMENTS: ITEM #6: Request by Meadowlands Inc. to rezone approx. 25.9 acres from AR (Agricultural Residential) to GC (General Commercial). (4.40.A.14 & part of 11) ITEM #7: Request by Chavis-Parker Funeral Home to rezone approx. 0.51 acres from R-10 (Residential -10) to GC (General Commercial). (4.10.B.1) ITEM #8: Request by Jerry Taylor to rezone two lots: Lot 9 is approx. 3.5 acres from R-10 (Residential - 10) to GC (General Commercial) and Lot 10 is approx.. 1.81 acres from NB (Neighborhood Business) to GC (General Commercial). (4.5.B.9 & 10) ZONING ORDINANCE TEXT AMENDMENTS: ITEM #9: Delete Section 7.2.c which is an exception to the screening and buffer standards at the I-85 interchange ramps; ITEM #10: Delete Section 8.15.e which sets standards for the freestanding signs at the I-85 interchange ramps; 7 ITEM #11: Delete the last sentence in Section 8.13.b which sets size standards and location of signs at the Cl I-85 interchange ramps; ITEM #1&: Amend Section 4.30.2.c, 2nd sentence to change the distance of a petroleum storage tank to a property line to 50 feet (requested by Steven Rice); 4,16 ITEM #13: Amend Diagram 7-3 to reflect existing Site Plan standards; and 1 ITEM #14: Add Section 12.6.11.g to cross-reference exemptions in the Historic District. SUBDIVISION REGULATIONS - TEXT AMENDMENTS I:TEM #15: Add Section 5.C.4 and 5.D.4 to establish requirements for connections to the Town water/sewer system for developments within the Town's extraterritorial zoning jurisdiction. ITEM #16: Update on Turner Heights road problems. 41 #1-;�- n�tatar te-=P amend—Recreation Please contact Janet Rigsbee-at 732-2104 (mornings) if you cannot attend this meeting. This is an important meeting as we have 12 items for decision. 18 Cansi8eiecFiow o4- re5ervnor tssoe MINUTES PLANNING BOARD MAY 3, 1990 MEMBERS Bill Crowther (Chair), Sam Jones (Vice -Chair) Margaret Moore, PRESENT: Cheshire Cole, Ida Louise Evans, Wayne Tilley, Richard Simpson, Leif Deetjen, Wendy Olson (alt.) MEMBERS Kenneth Chavious, Stephen Jones, Jim Culbreth (alt.) ABSENT: OTHERS Jerry and Callie Stone, Steve Rice, Julia White, Wesley PRESENT: Hyatt, Jerry Taylor, Elaine Parker, Janet Rigsbee, Joff Coe Crowther called the meeting to order at 6:34 PM and the customary moment of silence was observed. ITEM #1: Rigsbee requested Item # 17, Recommendation to Town Board to Endorse the Parks and Recreation Survey, be deleted as the final draft had not yet be approved by the Parks and Recreation Task Force. Rigsbee requested Item #12 be heard before Item #9 as the applicant was present and wished to speak to the Board. Also, Item # 8A, Recommendation to the Town Board for a Time Frame for Reservoir Completion, was added by Rigsbee. The members agreed on all modifications. Deetjen suggested a different format for Public Hearing in which a show of hands would be used to indicate support or opposition. He said this procedure would speed up the meeting and avoid redundancy by those expressing similar views. Crowther said current rules of procedure were at the discretion of the Chair and he often felt some type of guidance in writing was needed. He suggested adding a discussion of this topic to the next agenda. ITEM #2: Rigsbee noted several clarifications Gene Bell wanted to make concerning his presentation at the April 5, 1990 meeting. Cole moved to approve the minutes of the April 24, 1990 Public Hearing and the minutes of the April 5, 1990 meeting with Bell's clarifications. Deetjen seconded the motion. VOTE: Unanimous. ITEM #3: The Chair had no comments. ITEM #4: Jones had not yet arrived. Crowther suggested the work of the Parks and Recreation Task Force could be reviewed at the next meeting. ITEM #5: Rigsbee reviewed a letter from the Town Attorney giving his opinion regarding the appeal of Jerry Stone and read aloud portions of the letter. Deetjen pointed out that Page D indicated Mr. Stone was "free to use his property". Crowther then said the Board would hear information from the public. PLANNING BOARD MAY 3, 1990 PAGE 2 Stone asked if copies of NC General Statutes 39.1 and 39.2 had been given to the Town's Attorney. Rigsbee replied all information distributed to the Planning Board had been given to Mr. Brough. Stone said he was asking simply for a plat to be filed that the deed referred to. He said it was his contention the denial was a taking of his property rights if he can't sell his property according to the plat. Callie stone said she knew Mr. Stone's father thought he bought 2 lots for $600 and the deeds referred to the survey. She said it seemed logical that you would want to use the survey with which the lots were sold. Crowther said the Board had now had a month to look at both sides of the issue and said a motion was needed to decide. Simpson said Mr. Brough had not given the Board much to go on and that Mr. Brough did not quote an exact law but expressed an opinion. Simpson said he always leaned toward the property owner and it was unfair for the Board to have to make this decision. Olson said as she read the law, the plat should not be approved and Deetjen agreed. She said she felt Brough's opinion was clear enough. Crowther then asked for a motion, saying the Board must now choose to back the Planning Director's denial and the Town Attorney's opinion or to go with the property owner. Deetjen moved that the request for the plat approval was properly denied. Olson seconded the motion. VOTE: 4 - 3, with Evans, Tilley and Simpson voting nay. ITEM #6: Rigsbee reviewed the request by Meadowlands, Inc. to rezone approximately 25.9 acres fro AR (Agricultural Residential) to GC (General Commercial) and indicated the area on the sketch plan. She read George Horton's letter saying he agreed to having only 2 lots in the northeast quadrant rezoned GC with the remainder of the lots zoned OI (Office Institutional). Crowther said the Board had been working on this rezoning for a long time and now had new information to consider. Moore arrived at 6:58 PM. Olson asked why was the small 40' deep section being zoned GC and why not zone all of it OI. Rigsbee said Horton had wanted the GC zoning in this section because he had a potential buyer. Rigsbee reviewed her telephone conversation with Mr. Brough who said the Board could approve the rezoning 1 PLANNING BOARD MAY 3, 1990 PAGE 3 to OI with the owner's consent. If consent is not given, then the Board would have to zone the land GC or deny the request. Simpson said over the years Horton's company had gone to extremes to benefit the Town. He said the project should be allowed to continue and it was unfair to deprive Horton of the use of his land. Simpson moved to recommend the 6 acres as shown on the Sketch Plan be zoned GC and the rest of the property be zoned OI according to Mr. Horton's consent. Tilley asked if Horton was offering the change or would Horton rather have the entire area zoned GC. Olson said she was bothered because the GC zoning was next to a residential area and suggested this would devalue the property and the quality of life for the residents. Crowther asked when the Site Plan Review came to the Board of Adjustment, would they allow the uses listed in the Zoning Ordinance and Rigsbee said yes. Jones arrived at 7:07 PM. Deetjen asked if there were restrictive covenants and Rigsbee said she didn't know but the Board could require that they be part of the Site Plan Review. VOTE: 8-1, with Olson voting nay. ITEM #7: Rigsbee reviewed the rezoning request by the Chavis-Parker Funeral Home to rezone approximately 0.51 acres from R-10 (Residential - 10) to GC. She reviewed her conversation with the Town Attorney regarding the choices the Board had if the property owner did not consent to OI zoning. She said since Mrs. Parker had not yet arrived, she did not know if Mrs. Parker would agree to the OI zoning. Simpson said it was unfair that the Board had to make judgement on a rezoning for something that was already existing. He said it was like starting all over again. Rigsbee reviewed the past history of zoning for that lot and noted newspaper advertisements had been made. Simpson said a lot of people don't always read the newspaper and issues should be presented directly to affected persons so they would know exactly what's happening. Evans noted Mr. Parker was deceased and said Mrs. Parker may have taken over and not realized the zoning problem. Olson asked if they were aware of the situation and Rigsbee said no. Olson said 01 zoning would be more compatible with the PLANNING BOARD MAY 3, 1990 PAGE 4 surrounding neighborhood. Simpson asked if the setbacks were greater in 01 and Rigsbee said yes. Olson moved to recommend rezoning to OI with the owner's consent. Deetjen seconded the motion. Rigsbee explained if the Board did not make a recommendation within 30 days, by ordinance agreement with the application would be assumed. She also noted the Town Attorney had said the lot could be rezoned OI with the owner's consent, or if the owner does not consent, the Board could zone the land GC or deny the request. Tilley noted this area was one of the busiest intersections in town and it appeared to be a GC location. Mrs. Chavis asked for clarification of the OI zoning and Rigsbee showed her the permitted uses. Mrs. Chavis then asked for more time to review the possibilities. Rigsbee pointed out the advantage of GC was more permitted uses and OI was more advantageous for the neighbors. Mrs. Chavious noted that if they expanded the facility, they would need to go to the Board of Adjustment for a variance to build in the setback. Tilley moved to table the item until later in the meeting. Evans seconded the motion. VOTE: Unanimous. ITEM #8: Crowther reviewed the request by Jerry Taylor to rezone two lots: Lot 9 is approximately 3.5 acres from R-10 to GC and Lot 10 is approximately 1.81 acres from NB (Neighborhood Business) to GC. He pointed out the lot description is from an old deed and is quite inaccurate. He also noted Mr. Taylor did not own the lots but had an option to buy. Olson said that in every rezoning considered, another type of GC zoning was needed that was more compatible with residential uses. Crowther agreed but said the process would take many months to accomplish. He suggested high and low profile GC zoning could be incorporated into the Zoning Ordinance and be recommended to the Town Board. Olson suggested Susan Suggs could assist since she would be working on the Land Use Plan. Simpson said the whole process needed to be simplified. Olson said the Institute of Government could be asked to assist and noted that many residents feel they have lost control of their neighborhoods. Simpson said he felt established neighborhoods should be protected and Evans commented that the little man didn't stand a chance. PLANNING BOARD MAY 3, 1990 PAGE 5 Jones pointed out that in many Public Hearings, neighbors were concerned about the broad uses allowed in GC zones. Deetjen said one possibility was to increase the buffer area in GC zones to better protect the neighbors. Rigsbee said she would add these considerations to the June agenda and Simpson said he would support any simplification of the process. Olson also agreed, saying this intersection was very dangerous and it should be made safer. Deetjen suggested considering the rezoning request as 2 separate parcels as one of the surveys is vague. Taylor suggested puting a traffic signal at the intersection of NC 86 and NC 57 and Crowther said this area needed attention and could be added to next year's Transportation Improvement Plan. Mrs. Chavis added that a child was hit by a car at this intersection the day after the Public Hearing. Olson said she felt more time was needed but Crowther pointed out the Board must make act within 30 days or recommendation would be assumed. Olson asked Taylor if he was in a hurry and he replied that he needed tenative assurance that GC would be approved. Olson asked if he would object to other uses and Taylor said until the lots were rezoned he really couldn't buy them. He also said the safety problem should be addressed. Rigsbee noted the Board had two options, to recommend approval or to deny with a recommendation for a new zoning classification. Olson said a couple months delay was OK because the decision would affect people for the rest of their lives and said she was willing to accept a more restrictive GC class for this land. Crowther pointed out the land use as well as the location should be considered and that the Board's action is only to make a recommendation to the Town Board. Crowther moved to recommend denial of the request until an altered version of the GC class is completed and that Mr. Taylor be allowed to reapply at that time for another category without paying additional fees. Olson seconded the motion. VOTE: Unanimous. ITEM #7: Mrs. Chavis said she had reviewed her options and that OI (cont'd) classification was satisfactory. Crowther noted the motion had already been made. Rigsbee amended the motion to read "as we have the owner's consent. VOTE: Unanimous. PLANNING BOARD MAY 3, 1990 PAGE 6 ITEM #12: Rigsbee reviewed the Text Amendment to amend Section 4.30.2.c of the Zoning Ordinance, second sentence to change the distance of a petroleum storage tank to a property line to 50 feet. She said she had spoken with John Forrest, insurance agent and former fire chief, and he said each case would be judged on its own merit in that the situation might range from uninsurable to having no affect on the insurance rates. She then read Steven Rice's letter (attached). Olson asked if this affected oil tanks next to houses and Rice answered no. Rigsbee read the applicable section from the Ordinance. Rice said all they wanted to do was to continue a use that is already existing. Jones asked if the tanks could be vertical or horizontal and Rice said either way. Deetjen said it was unfair to adjacent land owner's to have the tanks located close to their property. Olson asked if the current tanks were non -conforming and Rigsbee said yes. Jones pointed out the Kenan Oil Company tanks at the intersection of US Hwy 70 and Hill Street may also be be non -conforming. Olson moves not to recommend changing the Ordinance at this time. Deetjen seconded the motion. VOTE: 8-1 with Simpson voting nay. ITEM #8A: Crowther suggested delaying discussion of the reservoir time line until the June meeting and the Board agreed. Rigsbee asked what the focus of the discussion would be and Crowther said only a time line and not a location would the considered at this time. ITEM #9: Rigsbee reviewed the text amendment to delete Section 7.2.c which is an exception to the screening and buffer standards at the I-85 interchange ramps, noting this Section had been changed four times in two years. Simpson asked if the land owners had been notified and Rigsbee said not individually but that notices had appeared in the newspapers. He said at the Public Hearing, the Triangle J recommendations seemed OK but the Town should make its own decisions. Deetjen said future growth should be considered and cluster development should be continued. Moore noted Hillsborough was the only town in Orange County to reduce its buffer standards. Simpson said he felt the land owners should be compensated for the use of their land, such as purchasing the buffer zones and Tilley and Evans agreed. Rigsbee reviewed the buffer standards and the dedication of PLANNING BOARD MAY 3, 1990 PAGE 7 capital facilities fees and suggested the concept of reducing fees or taxes and Deetjen agreed. Deetjen moved to recommend deletion of Section 7.2.c and to recommend making allowances to property owners by decreasing capital facilities fees, reducing taxes, or other means. Olson seconded the motion. VOTE: Unanimous. ITEM #10: Rigsbee reviewed the Text Amendment to delete Section 8.15.e which sets standards for the freestanding signs at the I-85 interchange ramps. Deetjen said the standards should be kept up. Deetjen moved to recommend deletion of Section 8.15.e. Moore seconded the motion. VOTE: Unanimous. ITEM #11: Rigsbee reviewed the Text Amendment to delete the last sentence in Section 8.13.b which sets size standards and location of signs at the I-85 interchange ramps. Cole said a 200 square foot sign seemed very large. Moore moved to recommend deletion of the last sentence of Section 8.13.b of the Zoning Ordinance. Olson seconded the motion. VOTE: 8-1 with Jones voting nay. Jones said he felt too much politics was being dumped in the Board's lap. ITEM #13: Rigsbee reviewed the Text Amendment to amend Diagram 7-3 to reflect existing Site Plan standards. Olson noted there was no arrow indicating the entrance and said this should be added. Deetjen moved to recommend amending the diagram as drawn with the addition of the extra directional arrow. Olson seconded the motion. VOTE: Unanimous. ITEM #14: Rigsbee reviewed the Text Amendment to add Section 12.6.11.g to cross-reference exemptions in the Historic District. Crowther moved to recommend amending the Zoning Ordinance to add Section 12.6.11.g. Moore seconded the motion. Simpson asked why this was a special case and Rigsbee said because it was in the Historic District. VOTE: Unanimous. PLANNING BOARD MAY 3, 1990 PAGE 8 ITEM #15: Rigsbee reviewed the Text Amendment to the Subdivision Regulations to add Section 5.C.4 and 5.D.4 to establish requirements for connections to the Town water/sewer system for developments within the Town's extraterritorial zoning jurisdiction. Deetjen moved to recommend approvat of Sections 5.C.4 and 5.D.4. Jones seconded the motion. VOTE: Unanimous. ITEM #16: Rigsbee reported the Town Board had reviewed the Turner Heights area road problems and would consider improvements in the upcoming budget. ITEM #17: Rigsbee asked Item #17 be deleted as the Parks and Recreation Survey had not yet been completed. Simpson recommended a 35 mph speed limit near the Mayo Street and Orange Grove Road intersection. Jones noted that vendors in town should require a license. Moore moved to adjourn the meeting. Olson seconded the motion. VOTE: Unanimous. Crowther adjourned the meeting at 8:45 PM. r Joff Coe, Secretary i May 3, 1990 George Horton Janet Rigsbee Planning Director PO Box 429 Hillsborough, NC 27278 Dear Ms. Rigsbee: As per our discussion of May 3, 1990, I am in total agreement with the concept of making 6 acres of the 25.9 acres GC (General Commercial) and the remainder 01 (Office -Institutional). I am doing this in a spirit of cooperation in order to address the neighbor's concerns as best I can. The 6 acres that I would appreciate your zoning GC are the two lots in the northeast quadrant facing the unimproved road. I look forward to working with the Town and the neighborhood in the years to come. �,incerely, George Horton General Partner Meadowlands Associates 9