HomeMy Public PortalAbout8.4.1992 Agenda & Minuets Planning BoardITEM #1:
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HILLSBOROUGH, NORTH CAROLINA
27278
AGENDA
PLANNING BOARD
Tuesday, August 4, 1992
6:30 p.m.
Town Barn
Consideration of additions to the agenda.
Comments from the Chair.
101 E. Orange Street
P.O. Box 429
(919) 732-2104
Approval of the minutes of July 28 Joint Public Hearing (attachment).
Update on the Occoneechee Park Committee's work (Hervey McIver).
ITEM #5: Recommendation concerning Rezoning request of L.W. Walker to rezone
approximately 20,000 square feet in the 300 block of West Corbin Street from R-
20 to R-10 (Tax Map 4.13.B.3b) (attachment).
ITEM #6: Recommendation concerning Rezoning request of Town of Hillsborough to rezone
1.75 acres on NC 86 N from R-40 (Residential) to GC (General Commercial)
(Tax Map 4.5. A.9) (attachment).
ITEM #7: Recommendation concerning Text Amendment to allow limited residential uses
in Office -Institutional District. (attachment)
ITEM #8: Discussion of possible text amendment to allow some non-residential uses in
historic houses in and outside the Historic District (attachment).
ITEM #9: Continued discussion of uses within existing commercial districts (attachment).
ITEM #10: For Information Only: Attendance record of current members (attachment).
ITEM #11: Adjournment.
It is essential to have a quorum present at this meeting.
Please call the Planning Department if you cannot attend.
732-2104 or 732-2106 after 5 pm
MINUTES
PLANNING BOARD
August 4, 1992
MEMBERS Bill Crowther(Chair), Wayne Tilley (Vice -Chair), Cheshire Cole, Leif Deetjen,
PRESENT: Louise Evans, Sam Jones, Wendy Olson, Quanda Turner, Kendall Abernathy
(Alternate), Robert Murphy (Alternate)
MEMBERS Ken Chavious, Margaret Moore
ABSENT:
OTHERS L.W. Walker, Philip Adkins, Betsey Tilley, Alonzo Kenion, Edna Ellis, Ruth Page,
PRESENT: Dorothy Holloway, Richard Simpson, Ernest Price, Hervey McIver, Ray Gronberg,
Margaret Hauth
Crowther called the meeting to order at 6:32 pm
ITEM #1: Turner asked to add Item 10a, policies of member conduct and the members
agreed. Crowther checked on alternates voting. Hauth confirmed that both
alternates could votes as there are two members absent.
ITEM #3:. Meeting minutes from the July Public Hearing were reviewed.
MOTION: Cole moved to approve the minutes as presented. Evans seconded.
VOTE: Unanimous.
ITEM #4: Crowther asked the audience's indulgence to allow the brief presentation
concerning the Occoneechee Park proceed as scheduled on the agenda. McIver
presented slides describing the park and surrounding lands, its unique and
significant qualities, the protective activities of the Committee, and the historical
look at the mill village. McIver asked how many people present were familiar
with the park and about half indicated they were. The presentation lasted
approximately 20 minutes.
ITEM #5: Crowther opened the Walker rezoning for discussion and asked Hauth if new
written information needed to be considered. She said there was none. Adkins
(Walker representative) asked if could make a presentation regarding the request.
Crowther said that this meeting was for board discussion and they would ask
questions if necessary, but would not accept general comments.
Evans stated her non -opposition of the application and her support for more
housing. She also said that residents of the neighborhood often asked questions
of board members when they do not understand issues. She asked how many
opposing petition signers lived on Corbin Street. Hauth indicated that 3 property
owners along Corbin Street had signed the opposing petition.
Members discussed whether additional information or verbal presentation should
or could be allowed. The tradition of allowing written comments received after
the hearing to be allowed because written comments can be shared by both boards.
Crowther stated that the intent was to have the decision made with the same
information.
Planning Board
August 4, 1992
page 2
The members continued discussing the application. Jones asked about surrounding
properties and their conformance to zoning requirements. Hauth said that all of
the lots within 100 feet conformed to the R-20 requirements, excepting the
commercial lot at the Revere/Corbin split. Abernathy asked if the highlighted
parcels on the presentation map are those not conforming to the R-20
requirements. Hauth confirmed this. She noted that there are 3 non -conforming
lots within the 500 feet notification radius, but only the lot on the north side of
West Corbin was included in the 1976 rezoning petition.
Deetjen noted that the majority of neighborhood property owners had signed the
1976 rezoning petition. Evans questioned if the owners truly understood what
they were signing.
Tilley noted the ambiguous wording on Walker's petition. Hauth said that, from
her conversations with Walker, her understanding of the intended meaning was
that the zoning of the neighboring properties would not be affected. Tilley added
that 7 Corbin Street property owners were opposed tot he application and 8 were
not opposed. He added that the 7 opposed were all within the 500 feet radius and
only 3 not opposed were within the same radius.
Adkins asked to make a statement, confining his comments to the information
heard or presented at the public hearing. Crowther said he would entertain such
a presentation if a majority of the board members concurred in a vote to allow the
presentation.
MOTION: Crowther asked the members to vote as to whether the presentation by the
applicant's representative and pertaining only to currently available information
would be allowed. Olson asked if the information was incorrect. Adkins said did
not think there was misinformation, he wanted to be sure the board had complete
information.
VOTE: Four in favor of allowing the presentation (Cole, Evans, Jones, Turner)
Six against (Abernathy, Crowther, Deetjen, Murphy, Olson, Tilley)
MOTION: Jones moved to recommend the approval of the rezoning. Evans seconded.
Olson stated the drainage problems in the area is her main opposition to the
application as there should be a mechanism to protect neighboring properties from
the run-off created by more dense development. Tilley asked about the protest
petition and its effect on the application. Hauth clarified that the vote of the
Town Board would have to be by a 4-1 or unanimous decision. Tilley asked if
the present protest petition meets the requirements and Hauth said it does. Adkins
asked if board members owned property in this neighborhood and whether such
members should be voting. Crowther said he would let each member decide if
there was the possibility for a conflict of interest.
VOTE: 3 in favor (Evans, Jones, Turner)
7 against (Abernathy, Cole, Crowther, Deetjen, Murphy, Olson, Tilley)
Planning Board
August 4, 1992
page 3
ITEM #6: Crowther opened the Thompson Garage rezoning for discussion. Turner asked if
the intent is to correct the erroneous zoning of the parcel. Crowther said that is
his understanding and that the applicant is actually the Town of Hillsborough.
Abernathy expressed her concern about discussing the property owner's intentions
for using the land as they are non-binding. She noted the legal liability of
including these intentions in the application discussions.
Jones asked about neighboring zoning. Hauth indicated the surrounding
residential, OI, and NB zones. Evans said that since this mistake was made, it
should be corrected.
Olson asked Hauth to describe the designation of this area on the Vision 2010
map. Hauth said that this area is designated as a mix of business, institutional,
and industrial uses. This category states the assumption that the Zoning Ordinance
will be amended in accordance with the Plan to accommodate these uses.
Tilley said that the garage had been there as long as he could remember and he
saw no reason not to correct the error. Olson noted that perhaps Barber could
wait a while longer since the board is considering changes to the commercial
districts.
MOTION: Tilley moved to recommend approval of the rezoning. Turner seconded.
VOTE: 9-1 (Olson voted against)
ITEM #7: Crowther opened the text amendment for discussion.
MOTION: Abernathy moved to recommend adoption of the amendment. Turner seconded.
VOTE: Unanimous.
ITEM #8: Crowther introduced the proposed text amendment to allow non-residential uses
in historic houses. He noted that while the initiation was the Winecoff rezoning,
the true intent is to protect the historic homes from destruction encouraged by
increased property values. He suggested a subcommittee meeting to polish the
wording for further discussion in September or October. Abernathy said she
would check her office for other models or examples. Hauth asked that any
comments or suggestions be given to her as members thought of them.
Deetjen asked about the time limit listed in Orange County. Hauth described her
understanding that the time limit was to insure the continued compliance with
permit conditions. The project could be administratively reviewed and approval
continued indefinitely.
ITEM #9: Crowther opened the discussion on amending the commercial districts. Olson
suggested intents of each districts would be the more appropriate starting place;
the intent would guide the uses. The members discussed the proposed use
locations within the two districts.
Planning Board
August 4, 1992
page 4
Crowther suggested the following: remove NB zone, remove some uses from CC
and rename GC 1, create GC2 district with the uses allowed in GC but not in CC.
He noted that the uses in the NB district could be worked into the GC1 district
or some other situation.
Olson noted the problem of scale of different uses. Hauth felt clearer definitions
of uses might address this. Olson suggested parking. Home occupations and spot
zoning were also mentioned and briefly discussed. Crowther noted that this would
be a major undertaking to complete this project.
ITEM #10: Crowther introduced the attendance record. He mentioned the poor record of Ken
Chavious over the past year. Since Chavious is the board's representative on the
Board of Adjustment, his attendance at both meetings is very important. He said
that he talked with Chavious and asked him to make his intentions known. He
suggested that a final determination be make concerning his status in September.
ITEM #10a: Turner asked Crowther to discuss the responsibilities and conduct rules for
members. Crowther noted that when an issue causes a member to take a personal
stand or opinion there is the possibility for a conflict of interest. He said that
board members need to remain impartial and open-minded until a vote is called.
Turner said she brought this item up to insure equal information and
understanding among all members. She mentioned and discussed the situation that
arose with the Walker rezoning and petition. She mentioned her concern about
wrongful accusations and wanted to have procedures clear for everyone. She
added that she received an apology by Crowther. Crowther said that he had
received a report from a Town Board member about misconduct in collecting
petition signatures by Turner. He said he had contacted Turner and received her
denial. Upon reflection, Crowther said he understood and concurred with Turner's
concern about wrongful accusations as he had received no clear evidence and
hence apologized. Tilley noted his support for seeking an apology, as he would
seek the same if he had been accused without evidence.
Crowther adjourned the meeting at 8:20 pm
Respectfully submitted,
Q,
Marg t A. Hauth, Secretary