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HomeMy Public PortalAbout1.8.1987 Agenda & Minutes Planning Board0 Mayor Frank H. Sheffield, Jr. Commissioners Myron L. Martin Horace H. Johnson Allen A. Lloyd Remus J. Smith Sally Boericke IIuarn of liillaboroug4 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA TO: Planning Board Members FROM: Janet Rigsbee, Planning Director DATE: December 31P 1986 RE: Meeting of January 8., 1987 at 7:30 p.m. Town Clerk Agatha Johnson Supt. Water Works James Pendergraph Street Supt. L.D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief John Forrest The Hillsboorugh Planning Board will not meet on the 1st Thursday of January as it falls on January 1st, a national holiday. The meeting is rescheduled for Thursday, January 8, 1987 at 7:30 p.m. to be held in the Town Barn. The agenda will be as follows: #1 Call to order and roll call. #2 Approval of the minutes of the November 4, 1986 meeting. (attached) #3 Consideration.of additions to the agenda. #4 Subdivision review: #4a McAdams Estate -Section 1 (tax map 14 ..25) is a minor subdivision of 3 lots on the north side of McAdams Road. All lots conform to the standards of the Zoning Ordinance. Water and sewer is available to the lots. Future plans will be for 4-7 lots from the large, remainder lot. (attached) #4b Robert Leon Snipes Subdivision (tax map 17..22):is a minor subdivision of 3 lots on the west side of Nash St. All lots conform to the standards of the Zoning Ordinance if the building is removed as indicated on the? survey. Water and sewer is available to the site. (attached) #5 Public Hearing Items - January 12, 1987 Special Public Hearing: * 5a Zoning Ordinance Amendment to change height limitations. #6 Public Hearing Items - January 27, 1987 Public Hearing: * 6a Rezoning Request from the Abundant Life Church (tax map 6.C.10A). Present zoning is R-20. Proposed zoning is 0-I. (attached) ,+- ( Sef a se -f .3 * 6b Zoning Ordinance amendments to amend 7 typographic errors that change the meaning of the.ord inance. (attached) #6c Zoning Map review to adopt a new official Zoning Map. #6d Zoning Ordinance Appendix review to adopt correct Historic District map. PLANNING BOARD MEETING January 8, 1987 Page 2 1 #7 Violations: Va Saratoga Knitting Mills office. #7b 301 W. King St. cabinet finishing business. #8 Cemetery research - an update and review. (attached) #9 Planning Director matters: #9a Verification of 1987 meeting schedule. #9b Request for volunteers to aid in office and field tasks. #10 Adjournment NOTE: To ensure that a quorum will be present, please notify Town Hall, 732-2104, if you will be unable to attend this meeting. Plans for Agenda Item #6a is available at the Planning Office for your review. Normal Planning Office hours are 8:30 - 12:30 and afternoons by appointment. Historic District Commission Agenda is provided for your information. _ 4 �bb!TO D/Js,� � W (� 11L6 01 �' MEMBERS .ESENT: MEMBERS ABSENT: OTHERS: Item #2 MINUTES PLANNING BOARD JANUARY 8, 1987 Evelyn Poole -Kober (Chair), Bob Rose (Co -Chair), Barbara Page, Nancy Goodwin, Hilda Brody, Tarleton Davis, Margaret Moore, Dr. Robert Murphy Calvin Ashley (excused), Jim Culbreth Ray Atwater, Vance Spinks, C. Walker, Janet Rigsbee Page moved that the minutes be approved with the correction of the spelling of Poole-Kober's name. Unanimous. ADDITIONS: Brody asked that the U.S. Post Office extension of the parking area be addressed. Rigsbee asked that the expiring terms of Poole -Kober and Goodwin be addressed. Items #4a Minor subdivision of McAdams Estate -Section 1 (4.14.D.25) of 3 lots on the north side of McAdams Road. There was discussion that the strip of land to the east is not on the tax records as a taxable lot and currently there is a Dead End sign on the "road". This could be a road in the future. Rigsbee pointed out that the angle which the "road" joins McAdmas Road is too severe and possibly additonal footage could be granted as an easement on the triangle of the McAdams Subdivision. Rigsbee also said that to conform to Orange County's standards that this subdivision could be required to dedicate an additional 20 feet of right-of-way. Page made a motion to accept the McAdams Minor Subdivision with the provision for dedication of a triangle for a total of 50 feet along McAdams Road and that the pre-existing access road will not be used for this subdivision and that a notation be placed on the plat to that effect. Brody seconded the motion. Unanimous. Item #4b Minor subdivision of Robert Leon Snipes (4.17..22) of 3 lots on the west side of Nash St. Vance Spinks indicated that the new owner wants to remove the house as stated on the survey but the new owner must purchase the property before it can be removed. A house is proposed on lot 4. Rose made a motion to accept the minor subdivision but to add that if a building permit is issued on the lot with the building to be removed that no Certificate of Occupancy would be issued until the building is removed. Page seconded the motion. Unanimous. Minutes, Jan. 8, 1987 Page 2 Item #6a Rezoning request from the Abundant Life Church (4.6.C.10A) to change the zoning from R-20 to 0-I. This will go to Public Hearing on January 27, 1987. Ray Atwater spoke for the church and gave a brief history including the fact that the past persons responsible for ordinance compliance did not always conform but a new building committee desires to work with the Town of Hillsborough. Atwater indicated that the Church wanted to expand to the east and that they could not get a variance and someone at Town Hall recommended that the Church apply for a rezoning. Atwater indicated that the lot has not been surveyed at this time. He also indicated that the church has grown from 40 to 400 people and they would like to build a sanctuary to accomodate 600 to 1000 people. Poole -Kober asked about the possibility of making the existing structure a two story building. Brody asked what happened to the stream behindthe Church. It was plowed into before due precautions were taken. Page questioned that even though this is an intermittent stream behind the Church with the impervious surface area being expanded at the High School inundation may happen. Poole -Kober brought up the subject of the fill that was placed on the site with no permit. Poole -Kober said that the definition of 0-I doesn't fit this situation at all. This would be spot zoning. Goodwin stated that other uses in an 0-I district are incompatible with the area. Churches are allowed in all district and the Abun- dant Life Church should work within the zoning as it stands now. Poole -Kober is concerned that other permitted uses may happen in the future on this property. Atwater stated that the proposed large sanctuary will not.be used for anything but a church. Rose stated that if the size of the parish would again double that indeed the building could be sold and used for any of the permitted uses in 0-I. .Rose stated that there is a soiled history on this lot in not obtaining permits, adding fill dirt without permits and their problem of expansion maybe could have been solved with proper planning. Atwater stated that the new Building Committe made up of himself, an' architect,others desires to abide by the ordinances and regulations of the Town of Hillsborough. No action was taken as this was for discussion only. stem #5a General discussion on the building height requirements. Goodwin felt that heights to 65 feet threaten the quality of the town. No decision or recommendation was made. tem #6b Rigsbee explained the Zoning Ordinance amendments generally and approval of these amendments would help give us a g000d workable ordinance by February. Minutes, Jan. 8, 1987 ' Page 3 Item #6c Rigsbee explained that she was hoping to have a definitive Zoning Map adopted. Goodwin did not remember the Town Board voting on a Zoning Map. Item #6d Rigsbee showed the two Historic District Map and commented that the HDC map that is currently in the ordinance has never been officially adopted and work had to be done before it could be adopted. Therefore, the old HDC map is the current map and she would like thattobe in the February Zoning Ordiance. Item #7a Saratoga Knitting Mills. use of office. No work had been done on this violation. Item #7b 301 W. King St. cabinet finishing business. No work had been done and Rigsbee was informed that the business is on Margaret Ln. Violation: Floodlights used on signs are in violation - Walkers Funeral Home, Cameron Park, Duke Power, Conners. Item #8 Cemetery research committee members were commended on their work. Addition Brody stated that as a body,if we all agreed,that we could let P.O. the Town Board know about our concern. Murphy stated that the Parking: problem is inside with only one person at the counter. Goodwin stated that there is plenty of parking on King St. Brody said that the parking lot of the Telephone Company is not being used to capacity. Rose is at the Post Office at the busiest time of day which is early morning waiting for the boxes to be filled and even then the parking area is not full. Goodwin was concerned about the greater impervious surface area. There was a recommendation that a letter be drafted to the Town Board and copied to the HDC that we don't want the parking lot extended over our historic creek and closer to the Dickson House. Consensus of opinion. Addition: Poole -Kober (earlier in the meeting) indicated that she had received a letter from Beverly Blythe (Clerk to the Orange County Board of Commissioners) requesting that we send the minutes of the Planning Board meetings for their information. It was decided to bring this before the Town Board and add it to January 12th's agenda. Meeting.was adjourned at 9:00 p.m. JJRigsbee, lanning.Di.rector Stary MINUTES PLANNING BOARD SPECIAL MEETING JANUARY 12, 1987 MEMBERS Evelyn Poole -Kober (Chair), Bob Rose, Barbara Page, Calvin Ashley, PRESENT: Nancy Goodwin, Tarleton Davis, Margaret Moore MEMBERS Hilda Brody, Jim Culbreth, Dr. Robert Murphy ABSENT: OTHERS: Marion Clark, Tyson Clayton, Janet Rigsbee Meeting was convened at 7:30 following a 7;00 p.m. Public Hearing dealing with amending the Zoning Ordiance relating to Building Height requirements. The members and others discussed the pros and cons of the proposed amendment (attached) and a past amendment (attached) proposed at an earlier meeting. Attention was focused on the 65 foot height as being excessive for the character of the town, a town with a small-town, historical environment. A building.of 65 feet constructed on a hill could be s seen from all of��>illsborough and overshadow the Courthouses and church steeples which Hillsborough considers it's height limitation. Members and others focused on each Section of the proposed amendment: Section 3.8 (a) accepted as written (b) change GI to 45 feet (c) delete entire section'.as additional height can be obtained under Board of Adjustment Special Exception Permit (d) to become (c) amend section (d) to substitute previous amendment with alterations: 1) Chimneys, church spires and elevator shafts 2) Antennas which are self -supported shafts of 6" in diameter or less, flag poles and similar devices. 3) Heating and air condition- ing equipment, solar collectors, and similar equipment, fixtures and devices.(e) to become (d) after the word Section add"with a height of no more than 10 feet'. Section 15 Definition accept as written. Rose madea motion that the Zoning Ordinance be amended as changed and accepted in the above 2 paragraphs. Goodwin seconded the motion. The vote was unanimous. Meeting adjourned at 8:20 p.m. POSTSCRIPT The Town Board deliberated on the amendments, instructed the staff to incorporate them into an understanable format and a decision would be made at their January 19, 1987 meeting. Poole -Kober and Rose instructed Rigsbee to amend the amendments making changes in format as she saw fit but not to change the substance of the Planning Board's recommendation. (attached) ia� -� e� MINUTES JOINT PUBLIC HEARING JANUARY 27, 1987 -AWN BOARD Mayor Frank Sheffield, Sally Boericke, Myron Martin, Remus __,MBERS Smith, Horace Johnson PRESENT: PLANNING Evelyn Poole -Kober (Chair), Tarleton Davis, Calvin Ashley, BOARD MEMBERS Hilda Brody, Margaret Moore, Bob Rose, Barbara Page PRESENT: OTHERS Raymond Atwater, David Smith, Ester Haithcock, Jerry Baity, PRESENT: Marianne Wolf, Fred Chamblee, Kent Wrenn, Cathie Falconer, I. Harding Hughes, Janet Rigsbee, Bill Laws The Joint Public Hearing convened at 7::15 p.m. ITEM #2: Rigsbee read from her prepared review and recommendations for the rezoning request for Abundant Life Church (4.6.C.10A) in which she recommended denial of the rezoning. (see agenda) R. Smith asked about the 7 acres of land that the church does not own. Atwater responded that they have paid for the acreage and an effort had been made in the Register of Deeds to record the survey but it was not able to be recorded. R. Smith asked why the church was requesting this rezoning. Atwater responded that a request for a variance was denied and they wanted to build an addition to the church that would have a 35' setback which is allowed in 0-I district but not allowed in R-20 district. Poole -Kober asked if they had CUP's for the landfill or the school. Atwater responded no. Boericke asked Rigsbee if she would have advised the church to apply for a rezoning. Rigsbee responded that a Special Exception Permit would be the logical solution to this setback problem. She said that although a variance was denied that a variance is more difficult to grant than a Special Exception Permit. Wolf (a property owner) stated that is is "overkill" to ask for a rezoning because of a setback problem. Other uses that could go into an 0-I district could create traffic congestion in this area and she would hate to see 0-I 'here in a residential area. Johnson stated that he is concerned with the stream filled with debris and the dump site and asked if the stream will be piped up. D. Smith (pastor) stated that a solution to the setback problem would get them away from the stream. Johnson stated that the intermittent stream tends to flood.. R. Smith asked how thick is the fill above the culvert. D. Smith replied about 2-3' thick Moore asked if they had stopped filling at the site. D. Smith said that they hadn't dumped fill and they can't find out who is dumping there. They will put up No Dumping signs. . I . R Public Hearing 1/27/87 page 2 Atwater stated that two persons from the church have met with the Soil & Erosion Contril officer to take care of any soil and erosion problems.. Poole -Kober asked how old is the current church building. Atwater responded just over 3 years old. Poole -Kober asked if there are new plans for a school. Atwater said there are no new plans for a school but they are planning for up to 1,000 people in their congregation. The Mayor asked if a Special Exception Permit instead of a.rezoninf of the property would solve their problem. Atwater said there is no difference as this is just a setback problem. Boericke sAid that the Board of Adjustment had no choice but to deny the varidnc( as it didn't fit the criteria. Baity (property owner) said he didn't want an 0-I district as it could be subdivided and anything could.go there. Rigsbee was directed to review of the fees. Also that the individual projects are charged the Engineer's fee. The meeting was adjourned at 8:40 p.m. Rose asked if a Public Hearing is required for a Special Exception Permit and Rigsbee responded no. Atwater indicated that he is will to work with Rigsbee on a Special Exception Permit. ITEM #3: Rigsbee reviewed the Zoning Ordinance amendments - Set #1 of typographical errors (.see agenda) She was encouraged to do a Table of Contents. -TEM #7: Rigsbee asked if the zoning map had been adopted. She was informec that the Planning Board Committee'si.map plus recent changes constitutes the official map ITEM #4: Rigsbee reviewed the Zoning Ordinance amendments - Set #2 of typographical errors that can change the intent of the Ordinance (see agenda). ITEM #5: Rigsbee reviewed the Zoning Ordiannce amendments - Set #3 of substantive changes to the Soning Ordinance to add Section 5.21 for minor changes, modifications, and fees to Site Plan Review (see agenda) Rigsbee was directed to review of the fees. Also that the individual projects are charged the Engineer's fee. The meeting was adjourned at 8:40 p.m. MINUTES PLANNING BOARD SPECIAL MEETING JANUARY 27 , 1987 MEMBERS Evelyn Poole -Kober, Bob Rose, Tarleton Davis, Calvin Ashley, PRESENT: Hilda Broady, Margaret Moore MEMBERS Jim Culbreth, Dr. Robert Murphy, Barbara Page, Nancy Goodwin ABSENT: Meeting was convened at 8:40 p.m. following a 7:00 p.m. Public Hearing. The members discussed the Zoning Ordinance Amendments (attached) and unanimously agreed to recommend to the Town Board to adopt all amendments as written. Also, they requested the Town Board to authorize a review of the revision of fees. Meeting was adjourned at approximately 8:55 p.m. L2t� �e Jan Rigsbee Sec etary throughtout amendment chane all (nonconforming) to non -conforming throughout amendment change all (ordinance) to Ordinance when appropriate Amendment of 6/9/86 # Section 3 Ordinance Section 5.19.2.0.5 capitalize Board of Cow.issicners, indent numbers i, ii, and 4th last line change (ofrth) to forth Section 7 Capitalize Zoning Officer General Additions Add Amendment dates on front cover Add page numbers Add Table of Contents PRCPOSID AIMUMM TO THE HIUSBOtaJGH ZCNMG ORDINANCE - SET #1 The following amendments to the Hillsborough Zoning Ordinance are tjpographic errors and their adoption will not change the meaning of the Zoning Ordinance: Section # Change proposed 5.18.4,a change (requiremetns) to,req=I events 5.12 add heading Bulk Refuse Containers 5.12.3 last line - change (dyng) to dying 8.5 change (site) to sight 8.8.5.d fourth line - change (renants) to remnants 10.4 after the word reconstruction change (;) to , 12,2.11 4th line fram end change (conversation) to conservation Adiendment of 5/12/86 # Section 7 change add new section(3.6) to.3.7 Section 6 last line change section (3.6) to 3.7 throughout amendment change all (nonconforming) to non -conforming throughout amendment change all (ordinance) to Ordinance when appropriate Amendment of 10/13/86 # Section 3 Ordinance Section 8.8.6 change (Nonconfamring) to Non -conforming Section 1 chane new Section(3.6) to 3.8 throughtout amendment chane all (nonconforming) to non -conforming throughout amendment change all (ordinance) to Ordinance when appropriate Amendment of 6/9/86 # Section 3 Ordinance Section 5.19.2.0.5 capitalize Board of Cow.issicners, indent numbers i, ii, and 4th last line change (ofrth) to forth Section 7 Capitalize Zoning Officer General Additions Add Amendment dates on front cover Add page numbers Add Table of Contents • PROPOSED R-EMMS TO THE MJ.SBOROUGH ZONING CIRDDW CE - Set #2 The following amendments to the Hillsborough Zoning Ordinance are errors. These. errors can change the intent of the Ordinance. '3 Section # Change proposed 3.4 in Permitted Use Table under Dwelling Mobile Home in colurn M.H.P. change CU2 to 3.4 in Permitted Use Table eliminate category Dewlling: Existing Accessory Building to correspond with the Amendment of May 12, 1986 where that category was repealed 3.4 Permitted Use Table change (3.6) to 3.7 4.14.2.d after the words following diagram: reproduce this diagram: 5.16.2 6.6 9.1.c 9.1.d 9.1.e 9:9 Accessory Structure (Storage B1 U Parking Spaces Interior Park Street MINIMUM DISTANCES FOR PLACEMENT OF STRUCTURES. WITHIN A MOBILE HOME PARK a� a� 4J to .se R a 0 .,q ti 4) c H change four references to Table (B) to Table A under Banks and Financial Institutions cbange(three) square feet to three hundred square feet , change see Section (9.6) to 9.5 change see Section (9.8) to 9.7 change see Section (9.9) to 9.8 change Section (9.8 b and c) to 9.7 b and c r PROPOSED AMENDRIINS TO THE HILISBOROLK2i Zama CRDINANCE - SET #2 page 2 Section,;t Change Proposed 10.2 las line change Section (12) to 12.3.7 Definitions Lot Non-confonAng change Section (9.5) to 9.4 Petroleum Products, section b, 5th line change Section (4.31) to 4.30 7.8 Cemetery for Prof -it change (4.18) to 4.17 CcmmLnity Center change (4.19) to 4.18 Extraction of Earth Products change (4.20) to 4.19 Junkyards change (4.25) to 4.27 Kennels, Boarding change (4.29) to 4.28 Mobile Home Parks change (4.15) to 4.14 Parks. change(4.22)to 4.21 Public Utility etc. change (4.23) to 4.22 Diagram 7-1 change reference numbers (7-3) to 7-2 and (7-2) to 7-3 where appropriate Amendment of 5/12/86 Section 21 change adding a new section(9.12) to 9.10 Amendment of 10/13/86 Section 1 Ordinance Section 3.8.b.3 4th line change (conditional use permit) to special exception permit General Additions Ordinance Section 3.8.b.3 2nd line change (insufficient) to insignificant submit an up-to-date zoning neap on origianl hylar to be adopted as official Zoning Map submit Historic District overlay zoning district map to be adopted submit a full Zoning Ordinance with the Proposed Amendments Set #1 and Set #2 incorporated into it to be adopted as official Zoning Ordinance ' ' • ' •+ X11 I � I1 I � • I 11 ; •:' •' N •' 1 •:' 1 1 M y � . , _ Section ,# Proposed Change 5.17.2.b change see (4.13) to 5.19 Definitions Condon itm change section (4.13) to 5.19 Townhouse change section (4.13) to 5.19 5.19.1 change Section (5.18.4) to 5.18.3 5.20.1 change Section (5.18.4) to 5.18.3 The following its to the Hillsborough Zoning Ordiance represent a substantive change to the Zoning Ordinance. There is an amission in the Zoning Ordinance regarding Site Plans review, in that, there is no prodedure established for modification or revocation or fees. The following proposed aundments would correct this omission: Add Section 5.21 to read as follows: Minor Qianges to be Approved 'by Zord= Officer: After approval of a Site Plan and in accord with subsection 4.7.1, modifications can be made to the Site Plan as set. forth in section 4.7 et. seq. Add Section 5.21.(a) Revocation of Site Plan Approval shall be as set forth in Section 4.8. Add Section 5.21. (b) Fees will be as set by the Board of Commissioners for Conditional Use Pen3its