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HomeMy Public PortalAbout1.25.1986 Agenda & Minutes Planning BoardMayor ink H. Sheffield, Jr. Commissioners Myron L. Martin Ilorace H. Johnson Allen A. Lloyd Remus J. Smith Rachel H. Stevens 0uwn of Nillaburouq4 HILLSBOROUGH, NORTH CAROLINA 27278 Town Clerk Agatha Johnson Supt. Water Works James Pendergraph Street Supt. L.D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief r, John Forrest TO: Mayor and Members of the Hillsborough Town Board FROM: Laura Hill, Planning Dept. RE: Agenda for the Public Hearing Scheduled for Tuesday, January 28, 1986 at the Town Hall at 7:00 P.M. DATE: January 25, 1986 Item 1- Rezoning request from Powers, Inc. - Harder Venture for 22.61 acres located at the southwest quadrant of the intersection of SR 1009 and I-85 (directly behind McDonald's). Tax map reference is Map 42, Block B, Lot 3. The request is for rezoning the lot from R-10 to General Commercial. See attachments. Item 2- Rezoning 'request from Lane Management and Devleopment Co. for property located west of and including Allison Rd. (SR 1148), from the Southern railroad easement and.houth of Dimmock's Mill Rd. (see attached map). The property is known as Tax Map 38, Block B, Lot 10B. The request is to rezone approximately 78.3 acres of the 111.78 acre tract from Agricultural -Residential to General - Industrial. See attachments. Item 3- The Planning Board has requested that property located north of the intersection of Hwy 57 and Hwy 86 be rezoned to Neighborhood -Business from the current R-10 zoning district. Referenced lot is identified as 'Lot 10, Block B on Tax Map 5. The 1.8 acre lot has been used for business for over 25 years (as a service station, store, game room, and now as a beauty shop). The Planning Board has requested that this rezoning be considered with all the proposed zoning map changes. (See attachments). Item 4- Presentation of proposed Zoning Map. See attached list. Item 5- Consideration of changes to the proposed Zoning Ordinance. Public Hearing January 28, 1986 Page two Laura Hill, Zoning Officer, pre$ented the rezoning request of Powers, I, Harder Venture for 22.61 acres located at the southwest quadrant of intersec- of State Road 1009 and I-85 (directly behind McDonald's). Tax Map referenc( 42.L'.3. The request is to rezoning the lot from R-10 to General Commercial. Proposed access to the property is to use Lakeside Drive to a certain point ai, then construct a new road going in a northerly direction and running parallel with I-85; or to construct a new road adjacent to McDonalds. Patricia Krebs, Attorney for Mr. Harder, stated that one could say enougl. general commercial land already exist, however, the proposed new ordinance di:, qualifies much of that land because of access problems. She stated the rezoili would be an extension of an existing commercial use. The land is well suited for commercial use and the 1977 Land Use Plan for the Town recommends commerclo be the use forithe land. She added that most of the traffic on 86S did go in a northerly direction instead of going south. Commissioner Smith asked who presently owns Lakeside Drive and Ms. Krebs referred to Roman K to ody Architect, who presented a drawing of possible rout« for providing access c the property. One method of providing access would I), - to use the east end of Lakeside Drive and branch in a northerly direction and run parallel with I-85 and finally connect to the Orange Grove Road. Murdock Road would deadend where Lakeside branches to the north. Another alternative: ' would be to construct a new road adjacent to McDonalds. A study of the area is necessary and any road would have to meet the Department of Transportation specifications. Mr. Smith asked who owns Lakeside Drive and Ms. Krebs stated Mr. Harder owned the property, however, easements have been granted to Gateway Village and to Coachwood Apartments for use of the road. Ken Wrenn asked is Mr. Harder not responsible for the enforcement of they Conditional Use Permit? Ms. Krebs stated the owner of an easement has no duty to keep the road in repair. She referred to a letter from Mr. Harder to Mayor Sheffield which expressed his concern regarding the road and stating his willingness to help improve the moad. Mr. Kolody stated DOT will give only one permit for a driveway or road, and the road situation will have to be resolved prior to any development in the area. Ken Wrenn stated Flintridge owners came from California last year to met•t with landowners and Town and County officials to discuss the upkeep of the road, but no one came to the meeting. It was stated up to $20,000 would be needed to bring the road to State standards. Mr. Wrenn asked is Gateway Village in violation of its Conditional Use Permit and he felt Murdock Road should be brought up to standards by Mr. Harder to show good faith before the rezoning is granted. Gary Anders stated the granting of the commercial use may cause the r.oa� to be improved, however, Mr. Harder was the owner of the property where C:att- Village and Coachwood Apartment were constructed. Conditional Use Permits ri quired by the Town were thrown out by the Courts. Mr. Harder has a poor troli record of fulfilling requests from the Town, that Mr. Harder is a businessnm,: who main concerning is making a profit. He asked that Mr. Harder show good faith by improving the condition of the road. The Mayor asked if others wished to speak to the rezoning request and Minutes January 20, 1986 Page three The Town Clerk and Accountant were asked to review the budget to find ;a J. available source for funding of the terminal. Item 5b: Appointments aa: To fill the unexpired term of Myron Martin to the Planning Board By written ballot,,the Board appointed Margaret Moore as a memi., of the Planning Board to replace Myron Martin bb: To replace Myron Martin to the Board of Adjustment By written ballot, the Board appointed Barbara Page as the Planning Board's representative to the Board of Adjustment cc: To fill the unexpired term of Marianne Wolf to the Board of Adjustment By written ballot, the Board appointed Sally Boricke to the Boat] of Adjustment. Respectfully Submitted, MINUTES January 28, 1986 Public Hearing i The Hillsborough Town Board met in special session on Tuesday, January 28, 1986, at 6:45 PM to consider a request by George Horton to extend a water lint to serve Oak Rise. Development. Those present were Mayor Sheffield, Commis- sioners Stevens, Johnson, Smith, Lloyd and Martin. The Board reviewed Mr. Horton's preliminary plans which included 41 unit of executive type dwellings. Upon motion of Commissioner Johnson, seconded by Stevens, it was adopted to give preliminary approval for the extension of a water line to serve the Oak Rise Development subject to the use of an eight inch water line instead of the six inch line shown on the preliminary plans and also subject to the approval of Town Engineers. Upon motion of Commissioner Stevens, seconded by Martin, the Board went into executive session to discuss pending litigation. Executive session ensued. The Board reconvened their meeting in the Barn area of Town Hall to parte cipate in a public hearing held jointly with the Hillsborough Planning Board. Present were the following: Planning Board members Barbara Page, Evelyn Pool Kober, Tarleton Davis, Margaret Moore, Nancy Goodwin, and Calvin Ashley. ut present were Edna Ellis, Susan Frankenberg, Mary H. Ramsey, Patricia Krebs, Wendy Olson, Brian Dodge, A. W. Kenion, John P. Kennedy, Shirley Marshall, Roman Kolody, Cathie Falconer, Kent Wrenn, Sandy Scarlett, E. W. Scarlett, Maureen W. Hill, Andy Triniva, Lee Cameron, J. S. Harder, George Horton, Jok, Crews, Dirk Frankenberg, Joanne Slocum, Sylvester Thompson, Russell Garrett, Patricia McPherson, Nettie Whitted, John Whitted, Craufurd Goodwin, Barbara Kennedy, Gertrude AShley, Ruby Riley, Daniel Pearson, Donald Cox, Gary Ander.,., Public Hearing January 28, 1986 Page five John Kennedy of the Preservation Fund of Hillsborough stated the Ordinarnf•c is a good document and he appreciated the hard work going into it, however, hc:- asked the Board to look at a map of some areas of Town and see what would hal)pvj' if duplex are allowed on 20,000 square feet. He stated landowner:, would be encouraged to give up ownership and to develop their property. He ; stated the Board would be saying to the Historic Zoning Commission, the Board of Adjustment and to developers that it is going to change the Town and doesn'ti care how many multi -family there are; the Board wo4ld be inviting speculator,�;j the character of Hillsborough would be changed to all rental units; the char.l.-J cter of the Historic District would be changed. He asked the Board to considi.-i seriously these changes before voting on the ordinance. j Mr. Carmichael agreed with Mr. Kennedy stating a hodge-podge development would occur which would not allow for well planned development. Eric Burnham asked about the loading requirement for businesses and was told the requirement was to not exceed three spaces. The minimun requirement is based on the square footage area. Crawfurd Goodwin asked why the moved was made away from conditional use permits to the site plan and what sanction is there if developers do not comply. Mayor Sheffield stated the site plan would provide more detail review tic: a conditional use permit and architectural review would be necessary go the Town would have control over structures. Compliance with the site plan wuul be necessary or else the ordinance would be in violated, Don Cox stated he agreed with Mr. Kennedy and asked the Board to not ,I., the Historic District to multi -family dwellings. Mr. Cox also spoke aga ii the reduction in the stream buffer as being proposed, stating more than 50 1-! buffer is needed. He added that 50 feet is for pollution control. Susan Frankenberg stated her support of Mr. Kennedy's remarks and asked a show of hands of those who objected to the proposed changes. A. W. Kenion stated residents outside of the Historic District Zone ar, opposed to this change to the ordinance. Mr. Goodwin asked about Section 6.2: Parking Facilities and asked wily is general industrial not included. The response was that most industry would not share a parking lot with others. Tom Coleman asked about Section 6.5: Minimum Loading Requirements He was informed that one space per 10,000 feet of floor space is requ.ir Mr. Coleman stated that some small businesses may only need one loading dock. Maureen Hill stated more consideration should be given to the stream buffer and asked if there was any provision for overlighting areas, especia.11 industrial areas. She was told this would be part of the site plan review. The Mayor asked for other comments and hearing none declared the public hearing adjourned. Public Hearing January 28, 1986 Page four 9. Hick's Mobile Home Park on east side of Lakeshore Drive to be rezoll from R-10 to Mobile Home Park. 10. William France property'located at the NW and NE corners of Elizabe,! Brady Road to rezone southern half of lot from Agricultural Residential to Office -Institutional. 11. Lot located on the West side of Lakeshore Drive at the Intersection of Highway 70 to rezone from General Commercial to R-10. 12. Lots along west side of Exchange Park Lane - Isabelle Wilson Heirs property to be rezoned from General Commercial to Office Institutional. 13. Exchange Park propertv off of Exchange Park Lane - rezone from Gener,i Commercial to Office Institutional. 14. George Mayo Property west of Orange Grove Road to be rezoned from General Commercial to Agricultural Residential. 15. Powers, Inc. located at Southwest quadrant of I-85 and Old 86 to be rezoned from R-10 to Office Institution for north half of property from R-10 to Office -Institutional. Planning Board recommends that the propert, be left as R-10. 16. Other areas designated as Office -Institutional as presented at previotit public hearings. The Mayor explained the zoning map changes are recommended due to areas being zoned in errorand to cause locations to be zoned to conform with surrouI;,:i ing zones. The changes havethelegal affect of rezonings. When the proposed ordinance is adopted a new zoning map will also be adopted with the changes. Wendy Olson asked about existing mobile home parks and what would be re- quired of them. It was explained that the ordinance allowed parks to remain but must ht, in compliance with the ordinance. Gertrude Ashley asked is the Lakeshore Drive/Latimer Street area was coi; sidered for rezoning, that some of these residents had indicated on a petith,i their desire to be rezoned R-15. Ms. Poole -Kober stated lots were only looked at if they were non-conforillill and that large portions of land were not considered. She added the Planning.; I Board would look at this area if necessary. A. W. Kenion suggested the Board take necessary action to automatically correct the zoning map in the future without going through a long process. The Mayor stated this would be investigated to see if this can legally I. done. Sylvia Price stated she was pleased with the recommendation to rezone t France property from A -R to Office Institutional. This is an excellent chum. to the ordinance. Mayor Sheffield stated the Town Board has held thirteen work session rk garding the proposed ordinance and has come to a consensus concerning the language, however this language is not permanent. Laura Hill reviewed the proposed changes to the Zoning Ordinance. A. W. Kenion asked if the proposed change to Section 5.1: Site Plan Approval would allow as many units as one wanted under this provision, wlicr. the provision submitted by the Planning Board limited the number of units. Public Hearing January 28, 1986 Page three McKibben Lane spoke in favor of the rezoning stating existing tenants have-! indicated their desires to enlarge and acquire additional space. Allison Drive will prove access to the Interstate Highway, that the rezoning will permit new industries to locate in Hillsborough and provide additional jobs for the community Calvin Ashley asked how traffic using Town streets would be handled? Mr. Lane responded traffic would use existing public roads as has been done in the past, however SR 1148 would be realigned. Developments now are not heavy generators of freight traffic and he does not anticipate any increa:,(•i. in freight traffic. I Sylvia Price urged the Board to approve Mr. Lane's request that the rezon- ing is an important opportunity at the Hillsborough Development Complex. Laura Oaks a resident of Eno Street asked what would happen if the deveh,`)f ment changed hands and the next owners were not so clean? She asked if this possibility is spoken to in the new ordinance? Mayor Sheffield stated this is not specifically spoken to in the Ordinal., however, State permits are required which would monitor such situation, also Mr. Johnson stated the Industrial Pretreatment Program mandated by -EPA would prevent any discharge into waterways. Calvin Ashley spoke again to the traffic, specifically W. Hill Avenue stating the West Hillsborough area is growing and that traffic on W. Hill. AV is becoming a problem, however, he welcomes Mr. Lane's business. Don Cox stated he was impressed with Mr. Lane's willingness to work mit sensitive situations in the requested rezoning area and was happy to hear th Mountain Road would be realigned. Wendy Olson reminded the Boards of the residential area next to the industrial area and asked that they keep in mind what might happen over the next 10 to 30 years in the future. The Mayor asked for other comments and hearing none continued to the next rezoning request. The Planning Board has requested that property located north of Inter- sections 57 and 86 be rezoned to Neighborhood -Business from the current R -]O zoning district. The property is .located on tax map 5, block B and Lot 1.0. The 1.8 acrelot has been used for business for over 25 years. The Planning Board request this rezoning to correct a non -conforming use and should be considered with all the proposed zoning map changes. The adjoining property is zoned R-10, R-40 and Office Institutional. City water is provided to the property, however, a septic system is in use, since sewer is not available. No comments was made regarding this request. Presentation of proposed Zoning Map changes were reviewed with the Board by Ms. Hill. Those changes are as follows: 1. Southeast corner of Hwy 57 and Rancher Street to be rezoned from R-11 to Office -Institutional. 2. Rezone area along Revere Road and Hwy. 70. Petition was received fr landowners to rezoning from R-10 to R-20. 3. Flint Ridge, Coachwood and Gateway Village to rezone from R-10 to