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HomeMy Public PortalAbout8.1.1985 Planning Board Agenda and MinutesS , Mayor Frank H. Sheffield, Jr. Commissioners Lynwood J. Brown Horace H. Johnson ,Allen A. LloNd Remus J. Smith Rachel H. Stevens July 30, 1985 01 own of liffisharoug4 Town Clerk HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Johnson Supt. water works James Pendergraph Street Supt. L. D. Wagoner Chief of Police Arnold W. Hamlett 0� Fire Chief � AR John Forrest TO: Planning Board and News Media From: Myron Martin, Chairman Agenda for the Planning Board meeting on August 1, 1985 at 7:30 P.M. at the Town Hall: Item 1- Approval of Minutes for Planning Board meeting held on June 27th, 1985. Item 2- Report on Chapel Hill's Greenway Program. Item 3- Report on Road Maintenance Policy in Town of Hillsborough. Item 4- Update on Flooddamage Ordinance issues. Item 5- Zoning Violations Report. Item 6- Review of Health Club Proposal which is to be located in the proposed Hillsborough Business Center (the Cone Mill property). Current zoning is General Industrial; the property is located at the corner of Dimmocks Mill Rd. and Allison St., Tax Map Numbers 38.B.10 and 38.B.10B. See attached map. Item 7- Review of sketch plan for a major subdivision located south of St. Mary's Rd., bordering the west bank of the Eno River. Referenced Tax Map 37.C.7 is zoned A -R. See attached maps. Item 8- Discussion of topics for TJCOG Planning Board Workshop to be held in November. Item 9- Overview of Durham and Cary's Site Plan review process. Item 10- Courtesy Review of 64.7 acres parcel submitted as rezoning request. Parcel is located south of Oakdale Drive and west of NC 86. Request is for rezoning from R-1 to R-3. MINUTES OF THE AUGUST 1, 1985 PLANNING BOARD MEETING Members present: Evelyn Poole -Kober, Calvin Ashley, Jim Culbreth, Hilda Brody, Tarleton Davis and Robert Murphy. Others: Susan Smith (Orange County Planning Staff) and Laura Hill, Zoning Officer The meeting was called to order at 7:30 P.M. by Vice-chairman, Evelyn Poole -Kober. Chairman Myron Martin was absent. Poole -Kober asked for additions to the agenda. The zoning officer asked to add a Courtesy Review of a minor subdivision. It was added as Item 11. Item 1 on the agenda was approval of the June 27, 1985 minutes. Ashley made a motion that the minutes be approved and Murphy seconded it. Motion was carried. Item 2 on the agenda was a report on Chapel Hill's Greenway Program presented by Poole -Kober. Listed below are the recommendations made by the Task Force: . Are to adopt the updated greenway plan included in the report Develop a central core of trails emphasizing corridors along, B-owlin,. Booker and Morgan Creeks; Cedar Ford and Battle Branches Establish yearly funding levels for applying land, open spaces and easement and for developing and maintaining trails. . Establish a Greenway Commission for contract to have a professional survey for creek beds and potential greenway lands Easement widths can be determined from the survey Continue to acquire easements and land dedication under the development ordinance provisions for dedicated open spaces Coordinate with planning in the greater Triangle area. The report emphasized acquiring land near the Town's major creek basins and they were named in the recommendations. It outlined the benefits of greenways and gave the history of the concept, outlined design of the greenway system along the waterways, branches in the neighborhood and how they may cross over the highways and intersect and how they benefit the neighborhoods, communities, businesses,. and industry. They suggested ways they could be maintained and made secure for acquisition. In a report she had from Triangle J, Poole -Kober said that they were trying to encircle this area with a greenway system. They mentioned the cities of Durham, Raleigh, Carrboro and Chapel Hill, but did not mention Hillsborough. She said she thought Hillsborough could be connected on by way of the Eno River system. To encircle the area they would connect all greenways from the Towns into a continuous type circle . The purpose of this would be to protect land for future generations from developments. Murphy asked how we could get on their mailing list. Poole -Kober said she had not talked with Triangle J yet, but she thought that the Planning Board needed to put forth an effort to create a committee withthe approval of the Town Board, and do their own survey with recommendations or get volunteers to do it. Murphy and Ashley both commented that they thought we needed this program in town. Planning Board 8/1/85 Page 2 Murphy asked.if it included bikeways. Poole -Kober said yes, and also nature trails, rest areas, etc. Brody asked if Chapel Hill was ready to implement this. Poole -Kober said they had already adopted it and had funding available in their budget. Murphy asked if the County could help financially. Poole -Kober said that Triangle J could probably help but that she hadn't talked with them yet. Murphy asked how the County felt about it. Smith said you can request it but no funding is available. Poole -Kober said that she meant to talk with Shirley Marshall to get help from Triangle J, not from the County. Smith said that if you can get help from Triangle J the County would support the effort, but that she was not sure how far other than a resolution. Murphy asked how it could be included with the Occoneechee Grounds where the Indians are on the Eno River. He said that UNC is doing some digs over there. Poole -Kober said that the University owns a lot of the land that is already developed. Culbreth asked how much funding would be needed. Poole -Kober said that Chapel Hill `§-Task Force went out and walked the trails themselves and that if we did something like that the cost would not be as high. Murphy said that we may could get the Botanical Gardens interested in extending their activities over here. Brody mentioned that we may could get the Wildlife Preservation interested. Culbreth said that some of the civic groups and clubs may be willing to help. Brody said that she would talk with Margaret Nigard and Rick Cannity. Poole -Kober said that Chapel Hill has an ordinance where the degree of the land slope is more than 30 degrees so no building can take place. She said we may want to have one similar to it but not as strict. Poole -Kober said there needed to be more research first including if there is funding available then the Board could make a proposal to the Town Board to create a committee. This item is to be included on next months agenda. Item 3- Report on Road Maintenance Policy in Town of Hillsborough. The zoning officer reported to the Board about the road construction and standards around Hillsborough. Planning Board 8/1/85 Page 3 The report contained these questions: a. Are there any town standards for road construction? No. the Town of Hillsborough does not have any adopted standards for road construction, per conversation with Remus Smith. b. If a road is constructed to NC DOT standards, 1. Who inspects construction - the Town or NC DOT? The Town inspects in the city limits and NC DOT in the extraterritorial jurisdiction. 2. Who accepts the road for maintenance? The Town in the city limits and NC DOT in the extraterritorial jurisdiction. 3. Does the town have authority to establish road standards or accept roads dedicated public in the extraterritorial jurisdiction? No. Any public roads constructed in the extraterritorial jurisdiction would be accepted by NC DOT provided they were constructed to NC DOT standards. 4. Does NC DOT have authority to inspect and accept roads dedicated public in the Town's jurisdiction? Not usually, unless they are part of a thoroughfare plan or some other major road. The following roads in the Town of Hillsborough are maintained by the State: Hwy. 70, King Street, Nash Street, West Hill Street, St. Mary's Road and part of Hillsborough Avenue. (See answer to item C). C. Are there any agreements between the Town of Hillsborough and NC DOT which addresses road standards and maintenance of dedicated roads in the Town's corporate and/or extraterritorial jurisdiction? DOT has a continuing maintenance agreement with the Town of Hillsborough. This applies to towns that have a population below 5,000. The town can request by letter for DOT to come in and do maintenance, pave or build a road in the city limits. After the work is completed the Raleigh office of DOT then bills the Town for the work completed. This agreement does not apply to the extraterritorial jurisdiction since the Town's authority stops at the city limits. The zoning officer asked for comments. The members of the Board asked for a copy of the report for future reference. See Page 3a. Item 4- Update on Flooddamage Ordinance issues. The zoning officer asked who is responsible for inspection of buildings when building occurs within the Town's jurisdiction. Her research shows that the Town's flood - damage ordinance allows construction within the floodway if there is a engineer's report showing the base flood will not increase due to the new construction. Planning Board 8/1/85 Page 3a Smith said that the Town's thoroughfare plan was adopted in 1967 and the State is asking (they have come to the County, they did not come directly to the Town) if the County would get involved in the thoroughfare plan for the Town because there are some major road connections that will likely be made between Hillsborough or just south of Hillsborough. It is a limited access highway for the Treyburn development north of Durham. Brody asked if it was I-40. Smith answered no, and said it was another major highway called the Northern Bypass for Durham. It was supposed to go due south of Treyburn but the developers said they would prefer to dedicate the right-of-way and run it through Treyburn. DOT is looking for a way to connect it back to I-85 or I-40 or both. They are looking into the Little River Township northeast of here or to connect it more due east of Hillsborough and come in at 70. Smith said it would probably be a 4 lane highway. They are talking about a 25 or 30 year time frame, but they need to preserve right-of-ways now. Their intention is to try to negotiate with the Town and the County to determine a location for the road system. Smith said she is sure that the State will be contacting the Town directly about this matter. The Planning Board asked for copies of the report. r ldILltt IL6 Dud IU 8/1/85 Page 4 The zoning officer said that members of the Town Board informally asked her to ask the County if they would inspect the buildings in the floodway. She wrote a letter to the County Manager and is waiting for a response. At the meeting it was decided that if the County refused that the zoning officer and road inspectors would check. The Town Board did not vote on this matter since there was not a quorum. The -zoning officer's second question was can you receive flood insurance when building occurs in the floodway. She called the Federal Emergency Management Agency and the Town ordinance has been recognized by the National Flood Insurance Program. They were admitted to the regular program on May 15, 1980, therefore the ordinance is recognized and if one builds in the floodway they can receive insurance. The zoning officer asked if there were any comments. The members requested a copy ofthe material. Smith made a correction noting that the building inspectors will inspect buildings in the floodway, but they are inspecting it in accordance with NC Building Code. The building code does not prescribe how a building must be constructed to satisfy the Town's flooddamage prevention ordinance. That's what they were not authorized to do. Item 5— Zoning Violations Report Crawford Mobile Home Park — Zoning officer reported that the. Town attorney has tried several times to meet with Mr. Crawford and has been unsuccessful. He will try again next week. Terry's Mobile Home — Several letters have been sent. Four letters were found in the file. The zoning officer sent a letter and it was returned for incorrect address. Terr.ell's Tires (storage of tires) and LeRoy Hall's farm site. The zoning officer called the Solid and Hazard Waste Branch and talked with Bill Morris. Mr. Morris said because of federal regulations solid and hazard waste at this time has no funding for enforcement of solid waste problems or inspections. Money now is going toward hazard waste projects. There may be funding in a couple of months but at this time there is nothing he can do. Mr. Morris said it could be turned over to an attorney but it would be costly and time consuming. Culbreth made a motion to recommend to the Town Board, since we can't get help from anywhere else, that they ask the Town attorney to bring legal action. Ashley seconded the motion. It passed unanimously. The zoning officer said she had several questions about the zoning ordinance and has not reached Phil Green yet. She wants to talk with him about skirting issues, application of setbacks, and parking description in reference to the Robinson Dev. The zoning officer reported she had checked on the Wesley Woods property. The area is zoned central commercial. Mr. Woods owns two parcels adjacent to each other and there is an alleyway next to it. She checked the Register of Deeds and it did not mention an alleyway. Woods has obstructed the lot by putting up a fence and is using it for storage. The zoning officer reported that even if he wasn't storing in the alleyway within the central commercial district you are allowed to have non—residential storage in an enclosed structure, but exterior storage of sample merchandise can be done for advertising purposes only. Planning Board 8/1/85 Page 5 Murphy asked if there had been any action on the Town Board to move the property line. Poole -Kober said no. Ashley made a motion that the Planning Board recommend to the Town Board of Hillsborough that the Town attorney be adivsed and instructed to investigate this problem and pursue possible litigations against Mr. Woods for blocking this entrance. Culbreth seconded it. The zoning officer requested that she be allowed to do further research first and notify the owners of the violation before bringing it to the Town Board, then proceed with the motion that Ashley made to go to the Town Board. The members agreed. Item 6- Health Club Proposal which is to be located in the proposed Hillsborough Business Center (the Cone Mill property). Current zoning is General Industrial; the property is located at the corner of Dimmocks Mill Rd. and Allison St., Tax Map Numbers 38.B.10 and 38.B.10B. Poole -Kober asked if they were going to ask for it to be completely rezoned or if it is going to stay as it is. The zoning officer said that is the issue to be addressed and that it is going to be a mixed use office center so there will be different uses. She said that it needed to be discussed how to treat businesses that will be coming in. The zoning officer said that Page 8 of the Ordinance, Section 8.1.11 will allow the health club because it is considered a service industry. There was a discussion by the members as to what would be allowed under the ordinance. Smith asked what kind of parking facilities are available now and if there will be a problem in the future. Ashley said that the zoning officer may would like to,go out and see how many spaces are available. The zoning officer said that the parking spaces are shown on the site plan. Brody made a motion that the zoning officer talk with Phil Green about what is allowed and make a report at the next meeting. The zoning officer asked if the Board would like for her to get a list of what is allowed under General Industrial Districts for the Hillsborough Business Center and also get a copy of their agreement (tenant's agreement) when she talks with Phil Green. Murphy seconded Brody's motion. Motion passed unanimously. Item 7- Review of sketch plan for a major.subdivision located south of St. Mary's Rd., bordering the west bank of the Eno River. Referenced Tax Map 37.C.7 is zoned A -R. The zoning officer stated that all of the property is in the floodway. Comments made by the County were that they wanted contours and flood levels shown on the map. Planning Board 8/1/85 Page 6 The County ordinance requires that on the preliminary plat that the edge of the floodway or floodplain be shown. It is required to be a surveyed line. The County can't deny the subdivision on the basis that it's located in the flood- plain, because the Town's ordinance allows for construction in the floodplain. They are going to modify the lot line and create 5 new lots. There was a discussion by the Board that the area is next to the Indian digs. Poole -Kober asked the zoning officer to check into the laws on archeological digs. Culbreth said he would check into the State laws concerning dig sites. Smith commented that the County is facing a deadline and needs the Board's comments before the 19th of August. Murphy is to check with Archives and History. Ashley made a recommendation that the Board go along with the subdivision providing that no archeological dig or sites are destroyed, and that the groups involved in the current sites are to have an opportunity to review and make comments with the archeologist on site. Brody seconded the motion. It passed unanimously. Item 8- Discussion of topics for TJCOG Planning Workshop to be held in November. The zoning officer told the Planning Board that they were, as a group, to identify the top three items that they would like addressed at the Workshop from the list that was sent. The items selected were the following: 1) Neighborhood Preservation, 2) Community Appearance, and 3) Communicating; with the public. Item 9- Overview of Durham and Cary's Site Plan review process. The zoning officer interviewed Rose Brooks about Durham's site plan. The first step is for an application to be submitted to the Planning Dept. (they have no special form) with their site plans and at the same time copies are sent to the Operational Depts. (Engineering, Public Works, Water Resources). Each Department makes comments and returns them to the Planning Dept. The site plan and the Dept's. comments are sent to the Subdivision Review Board. The site plan is approved by the Subdivision Review Board and the site plan may be approved subject to corrections. The site plan is then submitted to the Council for approval;appr.oval is usually on consent agenda (list. of items on agenda and they vote on them all at once). No public hearing is held. The zoning officer asked if there were any questions. Poole -Kober asked if Durham was considered a model site plan review. Smith answered that Cary probably was. The zoning officer presented Cary's site plan review process. The two stage approval process takes approximately six weeks and consists of the following steps: Applicant submits a site plan application, 4 sets of site plans and 10 copies of a landscape plan to the planning staff A week later a formal review is done by the planning staff and other departments (Public works, Fire Dept., Engineering). Subsequent to the review, a site plan review form is completed, showing all items that must be provided by the applicant as a result of the staff review. The form and additional comments are sent back to the applicant. Planning Board 8/1/85 Page 7 Applicant makes corrections and sends the site plan in for a second review (4 complete sets of material) to the Planning Staff. Site plan and landscape plan are sent to the Appearance Commission Site plan sent to Planning.and Zoning Board to review. Appearance Commission Chairman attends meeing to represent.the commission's recommendations. Site plan is brought before the Town Board on a consent agenda If approved, a site plan approval form is filled out by Planning Staff. Letter is sent to applicant. Culbreth made a recommendation that the Town Board members be given a copy of the site plan approval for Cary. Item 10- Courtesy review of 64.7 acres parcel submitted as rezoning request. Parcel is located south of Oakdale Drive and west of NC 86. Request is for rezoning from R-1 to R-3. Smith said it was the portion of land behind Cornwallis that will go to the public hearing on August 26th. Murphy asked who the owner is. Smith said Allenton Realty. There are three lots 15,000 sq. ft. each. There will be three units to an acre, single family units with water and sewer and paved roads. They will be changing the lot lines. There is a letter from the Town stating that water and sewer are available. The two existing pump stations will be moved and upgraded to accommodate the units by the developer. The issue at the public hearing is the rezoning of the lots. Smith said there will be a recreation area and open space. - Smith said it would basically be the same type pattern as Cornwallis I. Ashley siad it was good concept as long as Hillsborough has water and sewer capabilities to handle the project. He has no objections. Davis said it was a good plan. He said they may have to upgrade the water. The zoning officer said there is approximately 65 acres, 111 miles generating approximately 1079 trips per day. 85% of the estimated trips will flow directly to Old 86 through Cornwallis Hills and the remainder will go on Oakdale Dr. Murphy asked wouldn't 'they have; to upgrade 86 and;.have - a" turning _lane Smith said yes they would require a turning lane. Ashley asked if they would use that as the access to I-40. Smith said it was hard to judge which way the traffic would go, but she thought a lot of it would go back towards Hillsborough and I-85. The zoning officer said the remainder of the property identified for future development would create an additional 1145 trips per day and the majority of the traffic would also go to Old NC 86, some toward I-85 and some probably toward I-40. Item 11- Courtesy review of a minor subdivision, located on south side of Dimmocks Mill Rd., Tax Map 38, Block B, Lot 7. W Planning Board 8/1/85 Page 8 Samuel and Alberta Adams are the applicants. They want to subdivide 3 lots to be created for residential use. One lot will be an acre, one will be 1.26 acres and one will be 2.3 acres. There are no comments from the County at this time. The zoning officer said they are to have public water and septic systems and each lot will --have its own driveway onto Ben Johnston Rd. Poole -Kober asked what the requirements are if the septic tank is in the watershed. Smith said that the Town has no requirements on septic tanks in the watershed, but there will be 1 septic tank per lot. Ashley asked if they were going to put trailers on it. The zoning officer said that at this time they have not supplied that information. Ashley said he had no objections as it was presented. The meeting was adjourned at 10:10 P.M. Minutes reported by Janet Cole.