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HomeMy Public PortalAbout10.3.1985 Planning Board Agenda and Minutes1, Mayor down of Rtllshorottg4 ink H. Sheffield, Jr HILLSBOROUGH, NORTH CAROLINA 27278 Commissioners I %nwood J. Brown Horace H. Johnson Allen A. Llovd Ilernw, J. Smith k,r, hel H. Steven,, September 30, 1985 To wn Cierk Agatha Johnson Supt. Water Works James Pendergraph Street Supt 1. D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief John Forrest To: Planning Board and News Media From: Myron Martin, Chairman Re: Agenda for the Planning Board meeting to be held at 7:30 P.M. on October 3, 1985, at the Town Hall. Item 1: Review of a rezoning request submitted by Carrs Supermarket (Alfred (rrr. President). Applicant is requesting that property located on US-7uA, near the corner of Cedar Grove Rd., Tax Map Reference 13, B1ockA, Lot Z, be rezoned to General Commercial from the present R-10 zoning. Lot is approximately 3.85 acres and has been used largely for commercial purposes, namely a supermarket, laundrymat, car wash, and paint/plumbing retail outlet. Item 2: Discussion of Planning Board Bylaws, with references to procedure for designating committee. Members please review the by—laws. Item 3: Review of Zoning Map errors and comments by the Institute of Government. Item 4: Discussion of Orange County's procedure for the approval of a partial width right—of—way as part of the adopted Orange County Subdivision Regulations. Item 5: Review of Orange County Planning Staff comments on the preliminary plan for Cornwallis Hills—Phase II. Information to be provided during the Planning Board meeting. Item 6: Overview of watershed protection measures applicable to the Ben Johnson Sub—basin. Item 7: Discussion of Greenways Program for Hillsborough members. Bring in any information on greenways program for discussion. Item 8: Overview of 1967 Hillsborough Thoroughfare Plan and proposal for update of same. Item 9: Zoning violations Report. Item 10: Old Business. MINUTES OF THE OCTOBER 3, 1985 PLANNING BOARD MEETING The Planning Board held their regular meeting on October 3, 1985, at 7:30 P.M. at the Hillsborough Town Hall. Members present were: Myron Martin, Chairman; Hilda Brody, Robert Murphy, Tarleton Davis, Bob Rose, Barbara Page, Jim Culbreth, and Evelyn Poole -Kober. Others present were: Alfred Carr, Bill Laws, Edna Ellis, and Laura Hill, Zoning Officer. The meeting was called to order by the Chairman at 7:30 P.M. The Chairman asked for additions to the agenda. Barbara Page asked that the relationship with the Orange County Planning Board be added. It was added as Item 11. Item 1- Review of a rezoning request submitted by Carrs Supermarket (Alfred Carr, President). Applicant is requesting that property located on US -70A, near the corner of Cedar Grove Rd., Tax Map Reference 13, Block A, Lot 2, be rezoned to General Commercial from the present R-10 zoning. Lot is approximately 3.85 acres and has been used largely for commercial purposes, namely a supermarket, laundrymat, car wash, and paint/plumbing retail outlet. Davis asked if the County would occupy the building. The Zoning Officer answered yes. Page made a motion that a special public hearing be scheduled by the Town Board at their next scheduled meeting. Brody seconded the motion. Bill Laws, Assistant County Manager, explained to the Board that it was not an actual sale of the property, but a lease -purchase agreement for the first four years with the option to purchase with the final payment if the County chooses to do so. Item 2- Discussion of Planning Board By-laws, with reference to procedures for designating sub -committees within the Planning Board. Members have questioned whether the Planning Board must have Town Board approval to set up committees. The Zoning Officer said that the current bylaws do not indicate that Town Board approval is required before Planning Board sub -committees maybe formed. Phil Green at the Institute of Government recommended that the bylaws specifically state when Town Board approval is required for the formation of sub -committees of the Planning Board. The proposed zoning ordinance does state that sub- committees of the Planning Board must consist of planning board members. The Zoning Officer said her question concerning this was if we should charge for a rezoning request, which is $100, if it was an error on the map. Ellis said that she felt that if it was an error on the map and the property owners didn't know it, then why should they pay the $100 fee. Brody recommended that we do not charge people and bring the matter before the Town Foard. She said she could see charging Mr. Carr the fee since he is requesting the change, (which has been stated to be a zoning map error), but not for others who are not requesting a rezoning. Planning Board October 3, 1985 Page 2 Martin said that the Planning Board does not set zoning fees, and that this item must go before the Town Board for comment. The Planning Board can make a recommendation tht the fees be waived. Page said she felt the map should have been corrected in 1982. She doesn't feel Mr. Carr should be charged the $100 fee. Rose made a motion that the property owners, due to map errors and through no fault of their own, should not be charged the rezoning fee. Brody seconded it. Culbreth said the problem with that is that someone could come in and say that their zoning was incorrect due to a map error and would not think they should have to pay the fee. Culbreth felt that it should be reviewed by the Town Board first on an individual basis. Poole -Kober said that there is a difference between non -conforming and a map error. The Zoning Officer said that all lots which do not meet the requirementscbfi-.the zoning ordinance are considered to be non -conforming, whether it is a.map error or not. Rose amended his motion to address Mr. Carr's rezoning request. Brody seconded it. The motion was carried. The Zoning Officer is to bring this matter to the Town Board for their review. Item 4- Discussion of Orange County's procedure for the approval of a partial width right-of-way as part of the adopted Orange County Subdivision Regulations. The Zoning Officer said she wanted to make the Board aware of the procedure for recommending a partial width right-of-way for a subdivision under courtesy review by the Planning Board. Any recommendation for partial width right-of-way approval by the Planning Board will be sent by letter to the Orange County Planning Board. Conditions of approval for a partial width right-of-way are as follows: . Road width must be able to accomodate emergency vehicles. Although the partial width right-of-way standard is 251, a 20' right-of-way may be recommended pending the Fire Chief's approval. . Road width also depends on the topography and soil type as reviewed by the Soil and Erosion Control Officer. . Road construction depends on the classification of the road for a subdivision. A Class C road serves one to three lots in a subdivision and has a 12' travelway. A Class B road which serves 4 to 9 lots has an 8' travelway. A subdivision with ten or more lots may be recommended by the Board of County Commissioners to be built to DOT standards. k Planning Board Meeting October 3, 1985 Page 3 Orange County Planning Staff made the following comments as conditions for approval of the preliminary plans: Indicate subdivision name on plat. Illustrate typical lot layout with setbacks. Indicate all adjacent property owners on the plat. State on the plat that areas within the 100 -year floodplain are substantially restricted ny Orange County Flood Damage Prevention Ordinance. State on the plat that roads are --built to DOT standards and have been dedicated. Road names must -not be duplicated. Indicate water and sewer easements outside of the road right-of-way, including easements for water towers and pump stations. All dead end water lines (usually at cul-de-sacs) must have blow -off valves. Certify that a registered engineer has shown that pump stations and sewer systems located within the flood plain are designed to prevent the unfiltration of flood waters into the water and sewer systems. Town of Hillsborough review and approval of preliminary water and sewer plans. Page asked for the density of the project. The Zoning Officer said the lots are 15,000 sq. ft., single family, detached, with 1 unit per lot. There are a total of 111 lots. No additional comments were made by board members. Item 6- Overview of watershed protection measures applicable to the Ben Johnson Sub -basin. The Zoning Officer gave an overview of watershed protection standards adopted by Orange County. Approximately 856 acreas within the Lake Ben Johnson watershed have been designated as a water quality critical area in the County's jurisdiction. The minimum lot size is 2 acres. Industrial and -commercial uses are not permitted. According to state regulations, the minimum lot size required in order to install a septic system in a protected watershed is 40,000 sq. ft. A..small portion of the watershed is within the Town's planning jurisdiction. The only protective measures which apply at this time are the state's standards described earlier. The new zoning ordinance does provide for a stream buffer along perennial streams. Item 7- Discussion of Greenways Program for the Town of Hillsborough. The Zoning Officer said she would like to ask Chuck Flink, Raleigh Planner, to talk to the Planning Board and give suggestions for setting up a Greenway program for Hillsborough. She also stated that the Town Board is considering hiring a landscape architect to do an entranceways/appearance study for the Town of Hillsborough. Brody mentioned that the Eno River Association is to proide her with a list of names of those involved in Greenways programs. The Zoning Officer said that the Greenways Program could possibly be tied in with the proposed Eno River State Park Plan. Brody sAfd it should be included with the Mountain to the Coast Trails. R Planning Board Meeting October 3, 1985 Page 4 Poole -Kober suggested that the planning board contact Stream Watch. Members agreed to form a greenways committee, with Poole -Kober, Brody, Rose and Murphy as members. Poole -Kober is to act as Chairman. Item 8- Overview of 1967 Hillsborough Thoroughfare Plan and proposal for update of same. The Zoning Officer gave a brief overview of the 1967 Thoroughfare Plan. The 1967 Thoroughfare plan proposed to extend NC 86 through the speedway property, up to Miller Road across to Governor Burke Road following along the east side of Duke Forest. It was adopted by the Town Board in 1967, but the plan was never implemented. Ed Johnson, DOT thoroughfare planner, has proposed that the Town ask DOT to do a thoroughfare sketch plan at no cost to the Town. On October 14th, Mr. Johnson will make a presentation to the Town Board concerning this matter. Pending Town Board recommendations, the board would then adopt a resolution recommending that a thoroughfare plan be done by DOT. The Town and the County could work on the project together. Martin said we should start planning now with Orange County. He asked the Zoning Officer to check with the County and see when they would be able to meet with the n�'� Mdgin the planning process. Rose suggested that all the Planning Board members should try and attend the meeting with the Town Bosrd on October 14th. Item 9- Zoning Violations Report. Sign Violations: a) The. Zoning Officer said that Chip Turner with DOT measured the right-of-way along Churton St. The issue now is that when the signs are moved out of the right-of-way, the signs may still be out of compliance with the proposed zoning ordinance. She would like to wait until the new section of the ordinance is adopted so that all sign regulations of the new zoning ordinance are addressed. b) Hillsborough Barbell Club came in with a sign proposal and the sign was approved but has not been constructed yet. c) Mike Neighbours lights along his driveway have been approved by the Historic District Commission. d) W. W. Sluggs has installed unshielded lights. They have been notified as to their violations. e) Dr. Moore's temporary storage shed was approved by the HDC, and is to be reviewed in a year. f) Mr. Allen Lloyd --an adjacent property owner has built 6 feet onto his property. Accuracy of the current survey is being questioned. g) Ms. Leroy Hall and storage of tires on her property. The Zoning Officer talked with the Mayor who said that the town may have to use the town truck to move the tires. The Zoning Officer said she would like for the Stream Watch group to get involved in cleaning up this creek which feeds into the Eno River. Planning Board Meeting October 3, 1935 Page 5 Martin siad the tires were supposed to have been buried. Ellis said she didn't believe that:.'Ms. Hall would give her permission to have the tires dumped, that it was probably down without her knowledge. Poole -Kober stated that you can't just take it upon yourself to create a landfill there are state laws governing it. The Zoning Officer called the Health Department and they never called.back. She has not been able to get in touch with Jerry Robinson. Murphy suggested that she talk with Evelyn Lloyd, who is the Chairman of the Board. h) Martin told the Zoning Officer that the Terry's mobile home had been pulled out; and therefore the violation is no longer a problem. i) Wesley Woods and materials stored in the alley. Woods said they were materials being used in construction. The Mayor suggested that the Zoning Officer talk with Remus Smith. Davis siad he has talked with Woods who said that when the renovations were through that the materials would be moved from the alley. Woods said that he owns, --the alley and has a deed to it. j) Terrell Tires --Zoning Officer has not been able to get in touch with anyone concerning measures to take to remove the tires. Additional violations reported: k) Brody reported that Kennedy is now selling cars in front of his building. Rose said that someone was selling cars from their yard on Revere Rd. Ellis said that it was Mr. Wrenn, who has purchased new vehicles and was selling the old ones. 1.) Crawford Mobile home park violation has been turned over to the Town Attorney. m) Patrick cannada has a junk car in his front yard; he also has not skirted his mobile home completely. Martin instructed the Zoning Officer to send a copy of the violatiorrto each of the Town Commissioners for their information. Item 10- Old Business --Update on Ken Chavious Property The Zoning Officer reported that the request had been withdrawn. Item 11- Relationship with Orange County Planning Board There is a concern that recommendations from the Planning Board are not being presented to the Orange County Planning Staff. Martin asked the Zoning Officer to send copies of their comments on courtesy reviews to each of the Orange County Planning Board Members and to Ken Thompson, County Manager. The meeting was adjourned at 9:00 P.M. Minutes reported by Janet Cole.