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HomeMy Public PortalAbout3.10.1983 Planning Baord Agenda and Minutes, t of tlsbc�a442 Mayor c,..f' Town Clerk Lucius M. Cheshire Jr. Agatha Johnson Commissioners HILLSBOROUGH, NORTH CAROLINA 27278 Supt. Water Works Allen A. Lloyd C. E. Rosemond W. Paul Martin S g ° k d Remus J. Smith r_ y Street Supt. Rachel H. Stevens �.3 L. D. Wagoner Lynwood J. Brown Cbief of Police oArnold W. Hamlett +11T _•� _ CRA Off. February 28, 1983 To: Planning Board From: Frank Sheffield Re: Agenda for March 10, 1983 Meeting of the Planning Board at the Town Hall, 7:30 P.M. The meeting was changed from March 3, 1983 to March 10, 1983 to allow time for consideration of the rezoning requests after the Public Hearing on March 7, 1983 at 7:00 P.M. Item 1- Rezoning Requests Consideration: Kennedy request for rezoning to Prime Industrial and Baldwin request for rezoning to General Commercial. Item 2- Courtesy Review of Subdivision Request by James J. Freeland on Dathene Drive. Four lots were originally requested for this subdivision, which is located one lot south of Alma St. and is on the west side of Dathene Drive. Due to an existing mobile home on lot two and physical restraints of the property, Orange County Planning Department asked the owner to redesign the property division to three lots. Still one lot is cone shaped and has a limited building area and will be discouraged by Orange County Planning Department. The lot also has a slope. Please look at this lot if you have time; it is adjacent to the mobile home on Dathene Drive, second dwelling from Alma St. or second lot as shown on Tax Map. Item 3- Mobile Home Park Review (Existing Parks in 1979) Wagoner MHP on Collins and Eno Keeter MHP on Rex Drive Payne MHPs on north side of Corbin near Cedar Grove Road and on Latimer and Nash Streets (West side of Nash, North side of Latimer) Item 4- Old Business Committee Reports Approval of Minutes PLANNING BOARD Minutes'.of the.. March 10, 1983 Meeting Members present: Frank Sheffield -Chairman, Ronald Wagner, Art Plambeck, Judy Cox, Hilda Brody, Rick Cannity, Myron Martin,-Vancy Goodwin, and Barbara Page. Others: Bill Gaede, Robert Keeter, Mr. & Mrs. E.H. Kennedy, Clarence Payne, residents from the area near the area for which Kennedy had requested a rezoning, Evelyn Hicks, Lee Baldwin, Willie Laws, Mr. & Mrs. J.L. Wagoner, Mrs. Riley, and Daniel Wagner. The meeting was called to order at 7:30 P.M. Plambeck moved that the Planning Board discuss the Kennedy rezoning request. Cox seconded the motion which passed. R. Wagner said that he had seen the building and the equipment. He said that there would be no noise problem, as there is with the business adjacent (Terrell Tire). He felt it would be a suitable location for the Kennedy business and that it would be a good idea. Cox pointed out that the Board was not only rezoning for immediate use but for Prime Industrial and whatever fell under that category as a future use. Brody asked that Sheffield reiterate the letter from the Orange County Planning Department regarding the rezoning request. Sheffidld read the letter which indicated that the Orange County Planning Department's concerns were that there had been a substantial investment by the Orange County Community Development Program in the area based on the adjacent property being commercial, not industrial, that future industrial uses could be detrimental to the area and that it appeared to be spot zoning. Sheffield asked Cannity for a definition of spot zoning. Cannity noted that there was no buffer between commercial and single family residential and no protection for the residential area. With the industrial zoning, there would be no other land nearby zoned industrial and no buffer between the residential area and the industrial area. He noted that Orange County has spot zoning, but towns should use gradients of use. While the proposed use might be innocuous, a feed mill could use the building sometime in the future if the zoning were changed to Prime Industrial. Sheffield said that he was concerned about zoning a property industrial in an area of commercial use. He said that at the Public Hearing there was concern that while the proposed use would not have a significant. impact, if the business were expanded or the use changed, it could be a problem. Plambeck asked if spot zoning were legal? Cannity said it could be rezoned by the Town Board, but that a court could overturn it. He said it goes against good planning practices. Sheffield said that one part of this is jobs consideration. Five to ten would be employed initially, but commiercial use might employ as many. Cox said that the property could be used as commercial. Martin said that his biggest concern was with the neighborhood. Section 3 of the Zoning Ordinance addresses the welfare of the neighborhood. He said the people in the community were proud that their community is being upgraded. He expressed concern about expansion in the future or future use. Brody said that all of the people who spoke at the Public Hearing were opposed. Mrs. Kennedy said that six people spoke against it. Out of 31 people notified by letter, that wasn't bad. `Page two, Planning Board Minutes, March 10, 1983 Meeting Brody said that many times residents appoint someone.: to speak in their .behalf, Payne said that although his property is further out than 500 feet, the property would be affected by the rezoning. Cox made a motion that the Planning Board recommend to the Town Board that the petition to rezone (Tax Map 9-A-30) by E.H. Kennedy be. denied. Page seconded the motion, which was then discussed further. Kennedy showed the assembly parts. He said that the proposed use would not make nearly as much noise as it had before. He noted that they had spent some money on it to fix it up. The motion by Cox was called to a vote and passed with Wagner opposed. The Baldwin request was then considered. Cannity said that within six months, there would be a substantially revised Zoning Ordinance which would answer a lot of the current concerns such as driveway accesses. Ask the applicant if he is willing to hold it, if not, I would recommend denial. Cox expressed concern about the drainage problem; the whole area needs to be addressed with NC DOT. She questioned rezoning it under the present Ordinance. Plambeck said that a sign preciously there was a problem to blocking the view of traffic. Laws said that there were two ditches or basins put on the property which belong to the State. The previous sign had been on the DOT right of way. He didn't think it could be used as residential. NC DOT has the say so on driveways and the site triangle. Sheffield said that he was concerned about rezoning one piece of property when the entire area should be considered. He felt it should be postponed until there was enough time to consider the larger area. Cox said the Planning Board needed to look at the total intersection, in and out of our area. Brody said the shape of land was another difficulty.facing St. Mary's Road. Laws said only two objections had been made after 19 letters had been sent out. Wagner said that commercial property follows the main roads and also follows residential. Brody said the County Land Use Plan calls for nodal development. Cannity said it is good to cluster commercial development, but there is underutilized commercial property on Highway 70 and around Hillsborough. He said he would have no reservation about rezoning when there are more stringent standards. Cannity said he recommended that the Town Board table action on the Baldwin rezoning for six months. Page seconded the motion. Sheffidld suggested it would be reconsidered under a new Ordinance, and Plambeck suggested that it not suggest any committment to rezoning the Baldwin property. Cox said it might be better to deny now and consider again in six months. 12 months before it could be brought '.up again, if denied, someone commented. Brody offered a substitute motion that the Planning Board recommend denial and recommend that the applicant bring it back in 12 months. Cox seconded the motion which passed with Cannity voting no and Martin not voting. Page three, Planning Board Minutes, March 10, 1983 Reasons .stated for recommending the denial were that additional time was needed for consideration of the whole area and the complex situation. More time was needed to study the County Land Use Pland and new Zoning Ordinance and unusual contours and possible bad drainage. Item 2 - Courtesy Review of Subdivision request by James Freeland was withdrawn. Item 3 - Mobile home park review was commenced. The Wagoner MHP was reviewed for lighting. A resident of the MHP said that there was enough light in the MHP, and that any more light would be a problem for MHP residents. Martin suggested lower lights (than street lights) be placed at the end of the MHP toward Bellvue. After further discussion Brody moved that the lighting be approved and that Duke Power be asked to repair the light on Bellvue Street. Cox seconded the motion which passed with Martin opposed. Cox said that if the Wagoner's two lots (one MHP, one vacant adjacent lot) were combined,.the size density relationship would be ok, eight mobile homes to the one acre lot. Then the mobile homes could be replaced (if setbacks are met) but not added onto.. Page seconded the motion. Sheffield said the deeds would have to be combined. The motion passed unanimously. The Wagoners agreed to combine the lots. Cox made a motion that including the actions taken by the Planning Board at the current meeting that the Planning Board approve the Wagoner's MHP Plan. Cannity seconded the motion which passed unanimously. Ketter MHP was reviewed next. Cannity said that Keeter has cooperated with the Planning Board, and he would recommend approval with the stipulation that if the Health Department says that there is a problem ... D. Wagner interrupted that the septic lines needed to be.checked. Cannity said that if the soil was not suitable and the line was failing that repair should not be allowed, but the mobile home would have to be removed. Plambeck said that the sanitarian says the system is all right but the neighbors say it isn't. . Cox said the sanitarian should be asked to come to the next Planning Board meeting to answer the questions. Brody made a motion for the Planning Board to continue the review until the next meeting and to invite the sanitarian to come to the meeting. Cox seconded the motion which passed unanimously. Wagner said the ditch next to the MHP stays full of water in the summer. Riley and Hicks said that even across the railroad tracks that there was a bad smell coming from the direction of the Keeter MHP. Wagner said that there was stuff thrown over the embankment. Payne MHP was continued until the next meeting to review the lighting. Gaede presented a statement (attached as addendum) agreeing that mobile homes be prohibited from the Historic District and inviting Planning Board members to review the modular and stick - built housing in Hillsborough. Then Sheffield mentioned the election of Chairman to be held in April and adjourned the meeting.