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Home My Public Portal About9.5.1991 Agenda & Minutes Planning Board0uwn of `aJiiltohnrnug4 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA 101 E. Orange Street P.O. Box 429 (919) 732-2104 PLANNING BOARD THURSDAY, SEPTEMBER 5, 1991 6:30 PM TOWN BARN ITEM #1:V Consideration of additions to the agenda. ITEM #2: Comments from the Chair. ITEM #2A:/ Introduction of Town Manager, Eric Swanson. ITEM #3:-" Approval of the minutes of the August 1, 1991 meeting and the July 23, 1991 Joint Public Hearing (Attachments). Ii�EM #4: Update on Town Board action on the Planning Board's �J recommendations from the August 1, 1991 meeting (Attachments). SIA v E#1Tdl 1*L 044" (64 To ftcr1w 0. 1 a. C 61. 61 0 ITEM #5: Discussion of the Subdivision Request of Jim Culbreth (Tax Map # 37.C.3A) and Recommendation to the Town Board concerning the Subdivision Regulation requirements (Attachments). ITEM #6:c./ Discussion of Variances as they appear in both the Zoning Ordinance and the Subdivision Regulations, Sections 7 & 8 (Attachments). ITEM #7:✓ Discussion and Recommendation to the.Town Board concerning standards for sight triangles and turning radii where private drives abut the public right-of-way (Attachments). ITEM #8: Begin evaluation of the Zoning Districts with a continuation of previous discussions concerning the Neighborhood Business District (Attachments). repT Anower*WT ?6 x -C104 + 8,4114 ITEM #9: Information: A: Article on affordable housing (Attachment). B: HUD work-study intern. C• Co-operative Planning Update a C.NIvs e: f it rr- r; uews&* *PL It is essential to have a quorum present. Please call the Planning Department at 732-2104 if you cannot attend this meeting. Agenda Item #4 1. The Town Board tabled a decision on the Payne rezoning request at Mr. Payne's request. This item will be heard at the September 9th meeting. 2. The Town Board unanimously adopted the text amendment allowing limited retail sales in GI districts. 3. The Town Board tabled a decision on the Vested Rights amendment at the Town Attorney's request in order to further review the text and ensure it would be consistent with the recommendations made by the NC League of Municipalities. The Planning Director and the Town Attorney have determined it would not be feasible to include zoning permits (such as those issued for decks, storage buildings, mobile homes and single family dwellings) because a statutory requirement for obtaining a vested right is that a public hearing be held. 4. The Town Board unanimously adopted the recommended resolution that access be maintained under I-85 from West Ten Road to Ben Johnston Road for all types of transportation. 5. The Town Board unanimously approved the creation of a Parks and Recreation Task Force, but tabled the appointment of members until the position could be advertised more. Agenda Item #6 Points for Discussion: 1. The zoning Ordinance allows a variance only for dimensional controls such as setbacks (see definition). Is there an interest in expanding this provision? 2. Section 7 of the Subdivision Regulations provide for a waiver of the requirements in certain group development situations. Should this provision be extended to other sections of the ordinance? 3. Section 8 of the Subdivision Regulations provide for the approval of a variance. The language of the ordinance is not consistent with the case law that has emerged concerning the issuance of variances. MINUTES PLANNING BOARD SEPTEMBER 5, 1991 MPMBERS Sam Jones (Chair), Wayne Tilley (Vice -Chair), Lief Deetjen, .SENT: Cheshire Cole, Richard Simpson, Ida Louise Evans, Bill Crowther Wendy Olson (Alternate) MEMBERS Steve Jones, Margaret Moore, Ken Chavious, Ida Louise Evans, ABSENT: Jim Culbreth (Alternate) OTHERS Mackinlay Zimmerman, Wesley Hyatt, Joff Coe PRESENT: Jones called the meeting to order at 6:35 PM ITEM #1: Coe asked to add Item #4A, editorial change to Sections 8.12.c and 8.12.d, Item 8A, text amendment to section 8.8.4 and 9D, 9E, and 9F under information. He also asked to move Item #7 after Item #2A and the members agreed to all additions. ITEM #2: The chair had no comments. ITEM #2A: Coe introduced new Town Manager Eric Swanson who said he looked forward to working with the Board in the future. He said although he would not be able to attend the meetings regularly, the members should feel free to contact him concerning planning issues. ITEM #7: Coe reviewed the request of the Town Board for a Planning Board interpretation and recommendation concerning standards for sight triangles and turning radii where private drives abut the public right-of-way. The members reviewed NCDOT's driveway entrance manuals and discussed the consequences of a situation where one persons's turning radii would cross the right-of-way in front of someone else's property. The Board was in consensus that vegetation should be maintained at a height that would provide visibility for safe access onto a public street. The Board also was in concensus that the responsibility for providing turning radii onto private property should fall on each property owner from the point where the property line meets the right-of-way- and is perpendicular to the travelled way. ITEM #3: Olson moved to approve the minutes of the August 1, 1991 meeting and the July 23, 1991 Joint Public Hearing. Tilley seconded the motion. Deetjen pointed out that he made the quorum but had not attended the August 1, 1991 meeting and asked if it was permissible to vote to approve minutes for a meeting he had not attended. The Board agreed to table this item until the next meeting. ITEM #4: Coe reviewed the Town Board's actions for Planning Board items from the August 1, 1991 meeting. 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Deetjen asked if the Board could only make a recommendation and Coe said apparently in this case the Board could decide without Town Board action. Olson pointed out that the ordinance requirement could prevent the infill called for in the 2010 Plan because there were many lots that did not abut a public street. She said an ordinance change may be necessary. Coe asked if the Board felt that the ordinance was imposing a hardship in this case and the members agreed. Deetjen asked if the Board could look at Dark Walk as something historical to be presereved in granting a variance and Olson said she didn't think this would be a part of the procedure. Coe then outlined the procedure involved in granting the variance and Olson raised the point that if an adjacent landowner objected he might be able to sue the town. She said the definition of variance should be altered to conform with the Subdivision Regulations. Both Deetjen and Olson agreed that legal assistance would be needed in order to reach the correct decision. Coe then asked if there was a concensus that the Town Attorney be asked for an opinion concerning the legality of Section 8 of the Subdivision Regulations and the members agreed there were. ITEM #8: Due to the late hour, Coe asked to table this item until the next meeting and the Board agreed. ITEM #8A: Coe reviewed the current banner permitting process and noted this item had appeared before the Town Board for discussion at the August 12, 1991 meeting. He said Duke Power would be erecting two aluminum poles on South Churton Street near Mayo exclusively for flying banners and the Town Board agreed the Town Manager could authorize the locations for banners after review by the Zoning Officer. Coe noted this would have to be a text amendment and proposed adding wording prohibiting flags as well as the other moving displays, excepting those exempted by the ordinance and the members agreed. Discussion continued concerning the wording of the amendment and it'was agreed banners should be of a public, non-commercial nature. The Board was in concensus that the moving devices should continue to be prohibited. Coe said the proposed text would be reworded and presented at the next meeting. ITEM #9: Coe reviewed the informational items A-E as included in the agenda packets. Jones adjourned the meeting at 9:30 PM. Respectfully Submitted, Joff Cqe, 'Secretary