HomeMy Public PortalAbout10.4.1994 Planning Board Minutes and AgendaTown
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AGENDA
PLANNING BOARD
Tuesday, October 4, 1994
6:30 p.m.
Town Barn
ITEM #1: Consideration of additions to the agenda.
ITEM #2: Comments from the Chair.
* Committee Reports
ITEM #3: Recommendation to Town Board regarding the rezoning of John Wright's property from
Neighborhood Business to General Commercial(attachment).
ITEM #4: Recommendation to Town Board regarding the Latta rezoning request from R-40 to R-20
(attachment).
ITEM #5: Recommendation to Town Board regarding the Transportation Priority List for 1996-2002
Transportation Improvement Program (attachment).
'TEM #6: Discussion of proposed Planned Unit Development text (attachment).
ITEM #7: Discussion of Carroll Realty letter regarding Phase 4 of Cornwallis Hills (attachment).
ITEM #8: Reminder of upcoming Quarterly Public Hearing with Town Board.
Tuesday, October 25 at 7:00 pm in Town Barn.
Please call the Planning Department if you cannot attend.
732-2104 extension 228 (this line is connected to voice mail)
101 East Orange Street • P.O. Box 429 a Hillsborough, North Carolina 27278
919-732-2104 • Fax: 919-644-2390
MINUTES
PLANNING BOARD
October 4, 1994
PRESENT: Wendy Olson (Vice -Chair), Richard Bradford, Sam Jones, Louise Long, Wayne Tilley,
Doreen Tuell, Quanda Turner
ABSENT: Bill Crowther, Pat Shannon
OTHERS: J.C. Edwards, John Taylor, Margaret Hauth
Olson called the meeting to order at 6:32 p.m.
ITEM #1: Olson asked to add the appointment of a representative to the Board of Adjustment and
to move item 7 to item 4a if Larry Carroll arrives. The members agreed.
ITEM #2: Olson noted the Crowther is out of town and she asked for the board's patience. Hauth
reported that the BOA approved a site plan for Carolina Gym Supply to build a new
manufacturing facility on Dimmocks Mill Road. She also noted that the Transportation
Task Force is moving forward with good speed and a draft plan may be ready by
Christmas. Olson noted that the Occoneechee Park Committee is moving forward with
an oral history project of mountain residents and that there is an oral agreement regarding
access and parking for the park. The committee is also requesting $10,000 to build an
overlook on the mountain through a grant program.
ITEM #3: Hauth described briefly why this property was again being reviewed for rezoning. She
added that there were no changes to the application, conditions, or comments from
neighbors. Olson asked if Hauth thinks there is safe access to this lot for a commercial
use. Hauth noted that most access along US 70 (Cornelius Street) is somewhat hazardous,
given travel speeds. She added that engineering improvements could be made to improve
the situation and more the driveway away from the others in the area. The driveway in
its current location is not suitable for extensive commercial traffic.
Olson asked is any lots on the same side of the street, within 500' are zoned commercial.
Hauth there are none and the nearest commercial zoning is Lunfords to the west and
Heidi's Grill to the east. She added that nearly every lot on the north side of Cornelius
is zoned commercial. Tilley asked if the Davis Hut lot is commercially zoned. After
some explanation of where the lot is, Hauth said it is residentially zoned
Turner asked if Hauth had heard from any neighbors other than Mr. Kenion regarding Mr.
Wright's request. She said she has not. Turner asked where Mr. Kenion lives and Hauth
pointed it out on the map. She asked whether Mr. Kenion lives within the 500' notice
area. Hauth said he does and that his property adjoins Mr. Wright's. Turner asked if it
is Mr. Wright's intention to open a business where his house is, not intending to build a
new building. Hauth said it is her understanding that the restaurant was in his house and
his intention is to re -open the restaurant. Jones confirmed this. Olson said that the
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board's concern cannot be limited to what Mr. Wright intends to do at the current time.
She said that the board must consider whether all of the uses permitted in General
Commercial are acceptable on this lot. Turner asked what GC gives him that NB does
not. Hauth noted that the more intensive uses: restaurants, convenience stores, etc. are
not permitted in NB. Bradford asked for clarification about the intent of Neighborhood
Business zoning. Hauth said that the uses were intended to serve the immediate
neighborhood in which they are located, along with being of minimal impact in terms of
traffic, etc.
Jones said that the purpose behind Mr. Wright's rezoning request heard in April was
because of notice he received from the Planning Department that NB zoning was being
eliminated. Hauth agreed and added that when Mr. Wright's and Mr. Taylor's requests
to be rezoned from NB to GC were reviewed, the Planning Board recommended that the
NB zone remain in effect. She noted that the Town Board agreed and voted with the
Planning Board's recommendation. Olson confirmed that the NB district still exists and
will continue to do so. Hauth added that Mr. Wright's property is still zoned NB and at
no time did he lose the NB zoning.
Jones expressed concern that only one person spoke against the rezoning and that Mr.
Kenion has opposed commercial zoning for Mr. Wright from the beginning. He added
that both Mr. Wright and the Davis' had commercial enterprises before they were
annexed. Jones noted that Mr. Kenion's lot is buffered from Mr. Wright's because of an
old right-of-way running between to two lots. He added that Mr. Kenion is entitles to his
opinion. Jones went on the say that the problems with Mr. Wright's property can be
corrected (drainage, etc.). He noted that he did not understand Mr. Kenion's concerns,
because the use would be within the house. Jones also noted that there are also
commercial enterprises on West Corbin Street.
Olson asked if Wright had access to Cedar Grove Road. Hauth said he doesn't have it
at this point. Hauth added that the residents of the immediate neighborhood would have
to request to connection and she is not aware of any requests to have the road opened or
extended.
Turner asked what Mr. Wright would be required to do to open a restaurant in his house
if the zoning is approved. Hauth explained that the requirements depend to some degree
on how much work he plans to do. He could simply provide parking without needing any
further review. Any plans for expansion of the restaurant or other major work would
require site plan approval by the Board of Adjustment. Olson asked if NCDOT would
have to issue a new driveway permit. Hauth said possibly.
Olson asked what type of precedent would be set by approving GC zoning on the south
side of Cornelius, where there is none nearby. Hauth said it might facilitate or encourage
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another property owner's rezoning request for commercial uses. Turner asked if there
wasn't some protection against further rezoning requests, given that Mr. Wright was an
existing commercial use. Hauth said there was not; anyone can come in and request any
zoning they like and they get heard on their individual merits.
Olson asked for clarification that the restaurant has been closed for about 20 years. Hauth
said that it is her understanding that the restaurant was closed before the property was
annexed. Turner asked how much the neighborhood has changed. Hauth said that most
of the houses on the south side of Cornelius Street are at least as old as Mr. Wright's and
that there has been very little change on the south side of the street. Tilley said there has
been more demolished than constructed.
MOTION: Jones moved to recommend approval of the rezoning to Town Board. He noted that he
does not see a valid reason for denying it because there is going to be traffic as long as
there are cars. He added that the other problems can be corrected if Mr. Wright chooses
to. Turner seconded.
VOTE: 5-1 (Bradford opposed).
ITEM #4: Hauth described the modified rezoning request of the Latta property. She said the
reduction from R-15 to R-20 would be a reduction in maximum dwelling units from 206
to 154. She added that the neighborhood comments remained constant from the earlier
hearing, although they appreciated the increase in lot size. Through traffic remains the
neighborhood's primary concern. Olson asked if the town can request reduced speed
limits and stop signs along Orange High School Road to control the speed. Hauth said
the request should be in concert with Orange County. She added that the town cannot
patrol the area for traffic violations.
Tilley spoke in favor of not making a through street but instead intersecting streets
through the development. Design options for the street intersections and traffic routing
was discussed at length. There was consensus that the subdivision plans would have to
be reviewed and accepted by NCDOT. There was also a feeling that the neighborhood
should be invited to participate in the subdivision review process.
MOTION: Jones moved to recommend approval of the rezoning to Town Board. Turner seconded.
VOTE: Unanimous.
ITEM #5: Hauth referred the board members to the Transportation Priority list from the 1995-2001
Transportation Plan. She added that Orange County is including in their list a request for
a feasibility study to be done for transit linking Hillsborough and Chapel Hill. She
reminded the members that during the worksession with Town Board there was a
discussion of moving the study of the Western Bypass higher on the priority list. The
members agreed that Nash Street is a very dangerous area and needs to be improved.
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The members discussed the projects individually suggesting possible priority shifting.
There was consensus of the members that no projects be added to the list.
MOTION: Turner moved to recommend the priority list as it stands with no additions or shuffling
of priorities and that every effort be made to secure funding for Nash Street. Tilley
seconded.
VOTE: Unanimous.
ITEM #6: Hauth described why only the Town Board has the authority to send the amendment to
public hearing. Olson noted that typically, between 6% and 10% of a project is right-of-
way, so this proposal, with 40% open space which includes right-of-way, is not
significantly different from the original draft with 30% open space. Tilley asked if the
entire 40% could be right-of-way. Hauth said it could not, because of recreation
requirements. Olson noted that building roads significantly increases to cost to the
developer, and they typically strive to keep mileage low.
MOTION: Turner moved to recommend the sending of the PUD text to public hearing in October
to the Town Board. Jones seconded.
VOTE: Unanimous.
ITEM #7: Hauth described the concern of Larry Carroll regarding the difference between town R-15
and county R-3. She noted that this wasn't really anyone's fault, simply a
miscommunication. She noted that some of the options would be to amend the zoning
ordinance to reduce setback requirements or to rezone to neighborhood to R-10. She said
there are a handful of houses that are non -conforming. The added that being non-
conforming only presents a difficulty if the house is sold because the bank may have a
concern about lending for a non -conforming building. Olson asked if a block variance
could be granted, since the area was developed under one zoning and then annexed.
Hauth said she did not think that would meet the hardship and uniqueness findings
required to receive a variance. Options were discussed. There was consensus that the
solution needs to have a minimal or no burden on the residents. The members asked
Hauth to prepare a range of options for them to consider at the November meeting.
Hauth asked the members to consider volunteering to serve as the Planning Board's
representative on the Board of Adjustment. She briefly described the BOA's activities.
Olson adjourned the meeting at 8:10 pm.
Respectfully submitted,
Margaret Hauth, Secretary