HomeMy Public PortalAbout5.3.1990 Agenda & Minutes Planning BoardPAGE
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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