HomeMy Public PortalAbout6.27.2000 Agenda & MinutesAGENDA
PLANNING BOARD
Tuesday, June 27, 2000
6:30 p.m. Town Barn
ITEM #1: Consideration of additions to the agenda.
ITEM #2: Comments from the Chair
• Committee Reports
ITEM #3: Approval of minutes from June 6 meeting.
ITEM #4: Consideration of Preliminary Subdivision Plan for The Summit, 72 lot cluster residential
subdivision between Wildwood and Beckett's Ridge.
ITEM #5: Request from Wake Street residents to discuss/reconsider Section 9.4.2
ITEM #6: Request from Hart's Mill to receive 10 -month Preliminary Plan extension to allow for
sewer design (details at meeting).
ITEM #7: Discussion of issues related to 4 -month stay of processing development plans along NC
86.
ITEM #8: Discussion of open space definition and related topics.
ITEM #9: Adjourn.
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MINUTES
PLANNING BOARD
June 27, 2000
PRESENT: Ed Gill (Chair), Jim Boericke, Richard Bradford, Cathy Carroll, David Daniel, Chris Quinn, Bryant
Warren
PUBLIC: Roger Dale Stephens, Jeff & Kelly Hopper, Max & Norma Preston, Karen McKinnon, Sally
Boericke, Claude Shiver, Mike Snyder, Anthony Harris, Mike Gering, Marsha Ferree, Elizabeth Fenn,
Kim Callemyn, Ken Chavious, Margaret Hauth
Gill called the meeting to order at 6:35 PM. Bradford asked to add item 8a, a discussion about
conditional use zoning.
ITEM #2:
Bradford reported that the Board of Adjustment reviewed site plans for Kimbers Daycare Center on
Revere Road to build a rear addition and BB&T to build and addition. He said they would be
reconsidering amendments to the site plan for Window Doctor in the Meadowlands since state
requirements for a buffer on the pond had required the building to be split into two buildings.
ITEM #3:
Boericke and Quinn both noted they were not present at the June 6 meeting. Daniel moved to
approve the minutes with those corrections. Warren seconded.
VOTE:
Unanimous.
ITEM #4:
Hauth introduced the continued consideration of the Summit subdivision. She noted the list of
owners within Wildwood who received letters about the meeting was in the agenda packet. Gill
asked if there had been any further movement from Centex and Stephens said they are not willing to
sell. Snyder spoke in favor of granting the variance. He said he has lived in Wildwood for 15 years
and there has always been a stormwater problem. He said the neighbors consider their chances for
improvements to be much stronger with Stephens developing the property than Centex. Shiver said
he was the second homeowner in the development. He has watched the poor oversight and
enforcement of requirements as the development progresses. He thanked the members for listening to
his frustration and encouraged them to allow the variance for the narrow road width. Harris spoke
against the use of Breckenridge Drive as an access point for the Summit. Stephens asked for the
members to consider the variance. He noted that he is willing to accept the following conditions:
conversion of lot 68 to a playground with equipment; right-of-way dedication to allow the connection
to John Breckenridge in the future; build a sidewalk on the narrow portion of Summit Drive; move
and reconstruct the deck for the homeowner in Wildwood that is closest to the road if the owner
desires; and address the drainage concerns of his development and improve current situations within
Wildwood. Bradford asked how enforceable a condition to improve Wildwood's circumstances is.
Hauth said a condition on a preliminary plan carries forward to the final plat. If the condition hasn't
been met or bonded for, the final plat is not approved and lots cannot be sold.
MOTION:
Boericke moved to recommend approval of the Summit preliminary plan with a variance to allow a
30' wide right-of-way for a portion of Summit Drive, and with the 5 conditions that Mr. Stephens
noted and the approval by the Town Engineer of water, sewer, stormwater, and street designs.
Warren seconded.
VOTE:
Unanimous.
ITEM #5:
Hauth provided some background to the neighbors' request fro the planning board to amend Section
9.4.2.b. She noted that she applied the section to a piece of property in the Wake Street
neighborhood and found it met the requirements to not be combined. The lot has been purchased
with the intent to build on and the neighbors feel the lot should not be built on. Gering presented a
petition bearing the signatures of 52 neighbors asking the Planning Board to halt the use of this
section of the ordinance immediately and rewrite it. Max Preston presented information about the
narrowness of the lot in comparison to those surrounding it. Norma expressed her concern about
PB
6/27/2000, page 2
creating shared driveway for the use of three houses and the number of cars that would be visible.
Crabtree spoke as the previous owner. He said his wife's family had not sold it with the intent for it
to be buildable and had approached the County to have the taxes reduced because it was not
buildable. Euliss said that he thought it was unbelievable that such a small lot could be considered
buildable. Hopper, new owner, noted that there is a recorded driveway easement where he intends to
locate the new driveway.
Members asked what their options are. Hauth said they could draft new language and send it to
public hearing to amend or delete the section. She noted that an amendment would not apply to this
particular lot. She said she asked the option of the Town Attorney on this matter. He had expressed
concern that amending the ordinance and having it apply to this lot would place the town in a
dangerous position for a lawsuit because the new owner would be seen to have a vested right, to
some extent, to that lot. Bradford said he disagreed with the Town Attorney and said vested rights
are triggered by getting a permit. The members agreed to look at this section in detail at a later date.
ITEM #6: Hauth presented the request from Eno Mountain Home to extend their Preliminary Plan approval for
Hart's Mill for 10 more months. Callemyn explained how the sewer for their project is related to the
extension done for Pathways Elementary School. She said that since that line has been constructed,
they could now begin the design of the connection. She noted the additional time is needed for design
and construction of the off-site improvements, which will probably have to wait for spring. Hauth
noted that this extension combined with the previous 8 -month extension would exceed what the
Planning Board generally issued. She added that the applicant is being constrained by a third party's
activities and a town requirement to connect to the third party's improvements.
MOTION: Gill moved to grant the 10 -month preliminary plan approval extension. Carroll seconded.
VOTE: Unanimous.
ITEM #7: Hauth updated the members on the Town Board's action to implement a development stay at I-85
and NC 86. Carroll noted her disappointment that the Town Board didn't give their recommendation
more consideration. Hauth said she talked with the work group about including both the Planning
Board and Board of Adjustment in their efforts. She said they were concerned that too many
participants would limit their ability to meet the 4 -month deadline. She said she would be sending
their agenda packets via email so members could come if they wanted. She said she would send text
attachments to Carroll and Daniel and anyone else was having difficulty with the Word attachments.
ITEM #8: The members agreed to continue this discussion at the next meeting.
ITEM #8a: Bradford asked the members to consider conditional use zoning, which was mentioned during the
discussions of the moratorium. He said that it would give the town more control and the ability to
review site plans in conjunction with rezonings. He said the courts have viewed this process as "legal
contract zoning." He said the Durham Zoning Ordinance has some detailed provisions for this in
section 7. He said the ordinance is available on-line. Hauth said the EDD workgroup may very well
come back with a recommendation more along those lines than EDD zoning for the I-85 corridor.
Gill adjourned the meeting at 8:40 PM.
Respectfully submitted,
r
fargaret A. Hauth, Secretary