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HomeMy Public PortalAbout10.1.1987 Agenda & Minutes Planning BoardZown of Ntoffzboroug4 NOTE: Please bring HILLSBOROUGH, NORTH CAROLINA 27278 1. The Subdivision Regulation books. We need them for final work. 2. Your Zoning Ordinances to review the proposed amendments. PLANNING BOARD OCTOBER 1, 1987 ITEM #1: Approval of the minutes of the September 3, 1987 meeting. ITEM #2: Consideration of additions to the agenda. ITEM #3: Amendments to the Zoning Ordinance for October 27th Joint Public Hearing. Information only. 1. Amendments regarding the Historic District Section of the Zoning Ordinance. (attachment) 2. Amendment establishing side and rear setbacks in the OI zoning district. attachment) 3. Amendments regarding the Amendment section. (attachments) 4. Amendments regarding the Sign section. (attachment) ITEM #4: The Zoning Map has been extensively updated. In the process the attempt was not to change any zoning. However, to establish this as the definitive Zoning Map we -are taking it to Public Hearing. (attachment) ITEM #4: A regional APA conference will be held in Charlotte on October 29-31. Barbara Page has application blanks. To ensure that there will be a Contact Janet Rigsbee or Janet unable to attend this meeting. quorum for this meeting please Cole at 732-2104 if you are NOTE: THE SUBDIVISION REGULATION COMMITTEE WILL MEET ON SEPTEMBER 30, 1987 at 1:00 P.M. and OCTOBER 7, 1987 at 1:00 P.M. AT THE TOWN BARN. THE TOWN BOARD WOULD LIKE THE SUBDIVISION REGULATIONS READY 9OR PUBLIC HEARING ON OCTOBER 27th. ALL ARE WELCOME. PLEASE MARK YOUR CALENDARS FOR A JOINT PUBLIC HEARING ON OCTOBER 27TH AT 7:00 P.M. PLANNING BOARD MINUTES October 1, 1987 The Hillsborough Planning Board met October 1, 1987 at 6:30 p.m. at the Town Hall. The meeting was called to order by Chairman, Bob Rose. Members present were: Tarleton Davis, Barbara Page, Hilda Brody, Margaret Moore, Cheshire Cole and Dr. Robert Murphy. Absent were: Calvin Ashley, Jim Culbreth and Louise Evans. Planning Director Janet Rigsbee was not present, Item 1: Approval of the minutes of the September 3, 1987 meeting. Moore made a motion for approval of the minutes as circulated. The motion was seconded by Brody and passed unanimously. Item 2: Consideration of additions to the agenda. Page asked to add discussion of a change in the zoning map concerning the eastern boundary of the historic district as being Thomas Ruffin St. Page asked to add a discussion on signs. Rose asked to add an item concerning home occupations. Item 3: Amendments to the Zoning Ordinance for October 27th Joint Public Hearing The members reviewed the amendments and were in agreement. They were reminded of the Public Hearing to begin at 7:00 p.m. Amendments included: Section 12.5 Historic District Commission, Section 3.5 Dimensional Requirements regarding side and rear setbacks in the OI Zoning, Section 11 regarding amendments which would allow the Board of Adjustment to propose amendments and Section 8 Signs. Item 4a: Page stated that signs such as the ones for the Community Chest Fund, United Way are not legal. She asked that temporary non-profit signs that are larger and that are asked to be allowed to stay for a longer period of time than the ordinance allows for be reviewed by the Board of Adjustment at a suggested cost of $10 for the review process. Item 5: Eastern boundary of the Historic District Page explained that when the Historic District overlay was done a small portion on St. Mary's Rd. at Thomas Ruffin St. was omitted. The eastern boundary for the historic district should be at the back of the lots on the east side of Thomas Ruffin instead of the middle of the street. Item 4:, The Zoning Map has been extensively updated. In the process the attempt was not to change any zoning. However, to establish this as the definitive Zoning Map we are taking it to Public Hearing. The Board reviewed the map and agreed it was correct. Item 4: A regional APA conference will be held in Charlotte on October 29-31. Barbara Page has application blanks. Page told the members the cost would be $68 and $75 per night. The members asked to know if the town would incur any of the expense. Item 6: Home Occupations Business. Rose said that Susan Staley, a beautician, at 109 N. Cameron St. would like to have a home occupations business and live there. Her partner, Fay Smith, an accountant, would not live in. Eventually they would sell flowers from the business. It was stated that to qualify as a home occupations it would need to be a home first and a business second. Planning Board Minutes October 1, 1987 Page 2 Page made a recommendation that the Planning Board deny this request. This was seconded by Brody. Brody said that if Ms. Smith was not living there it could not be considered a home occupations and more information was needed. Rose then talked with the members concerning the subdivision regulations. Rose said there were not substantial changes from the County ordinance and the next step was to forward the regulations to the town board. Rose said there was an issue concerning the roads in the regulations. The committee wanted all roads dedicated public. All roads within the corporate limits are built to DOT standards and turned over to the town. Page stated that all subdivision roads are paved to DOT standards as well as those built outside. All roads inside the corporate limits are dedicated public. Curb and guttering will be added later. There have been some screening changes. The interstate 100' buffer has been accepted. An opportunity to ask the Planning Board for a variance has been included. The findings are similar to those used by the Board of Adjustment. The section that deals with partial.width has been deleted. A certain amount of acreage is required to be left for green spaces. If this is not done a fee is charged. These fees will be put aside to use for the purchase of green spaces. Areas must be cleaned before approval is given. All town ordinances shall be satisfied before approval is granted. The meeting was adjourned at 7:05 p.m. Minutes reported by Janet Cole. October 19, 1987 - Minutes Page six E.2: Appointments to the Planning Board for one in -town and one out -of -t alternate. This item was deferred. E.3: Appointment to the Board of Adjustment for one in -town alternate This item was deferred. E.4: Appointment of two full-time members to the Historic District Commissi It was pointed out that the Board could move the two alternates into the full-time positions if they so chose. By consensus, the Board appointed Tom Roberts and Susan Bellinger to the full seats on the Historic District Commission. Also, Ruth Long,who has re- linquished her full-time seat has agreed to become an alternate on that Board. The Town Board agreed to the change in status for Ruth Long. E.5: Reviaaof items proposed for the October 27, 1987 pubaic hearing. The Planning Director proceeded to review with the Board those items to be considered on October 27, 1987. F. Discussion of letter to Triangle J Council of Government regarding area wide telephone service By consensus, the Board requested Mayor Sheffield to draft a letter to Triange J in support of the Durham -Orange -Wake Counties telephone service. Also, it was requested that someone from the board plan to attend an upcoming meeting to discuss the area wide service. The Town Attorney reported to the Board, a recent violation of the Industria] Pretreatment Ordinance in that Hillsborough Textiles has exceeded the pdrmit,ted amount of industrial waste which has caused the water below the wastewater treatment plant to- become red and has .increased the water temperature in the river. The Town has notified the State Division of Environmental Management and an interim solution has been decided upon by the Town and Hillsborough Industries. The industry has been asked to establish a level of operation to decrease the coloration and additional water is being added to cool the tempera- ture of the water. The result of the changes is inconclusive today. The.volume discharged will be increased'periodically and the.industry has agreed to stay on one-half their operation. The permit is in the name of Hillsborough Industry however, Flynt Fabrics is the company in violation of the permit. A 30 day notice was given to both industries on October 19 and they must come up with a solution to the problems. H. Clarification of Fee The Boakd reaffirmed the adoption of fees as presented in Mr. Hughes' memorandum. A public hearing to consider further CHapter 14 and its appendixes has been scheduled for October 27, 1987. The Clerk was asked to send notices of the meeting to area developers and realtors. The meeting was then adjourned. HILLSBOROUGH TOWN BOARD AND PLANNING BOARD PUBLIC HEARING Ion October 27, 1987 - Public Hearing Page eight Henry Morse, Attorney for Mr. Wright stated the property was originally unzoned when Mrs. Wright first operated her beauty shop. At one time a club was operated on the property. Surrounding the property is a used car lot, Kenon Oil with storage tanks and a mountain of used tires. He stated it is in the best interest for future use to rezone the property, that all the propertie along Highway 70 will eventually be general commercial. He added that no exter change will be made to the house where the beauty shop is located. Evelyn Poole Kober stated a recent court case was struck down where propert3 was separated in order to eliminate a protesting adjoin Mr. Morse stated the purpose of reducing the size of the rezoned area was to minimize the impact of the rezoning to surrounding owners. He suggested a developmental plan for the property be devised. Mrs. Cathcart stated her opposition to the rezoning stating (1) it would disrupt the private residents in the neighborhood; (2) there would be a decline in the property value and security in the neighborhood and (3) the rezoning would pave the way for undesirables in the area. She said no one objects to the beauty shop which is a home occupational use, but if the -rezoning is grantee the property could be sold and used for any number of purposes. The rezoning would be spot zoning in her opinion and she asked the Board to save the neigh- borhood by denying the request. A. W. Kenion reinforced Mrs. Cathcart's remarks and added the following: 1. The Wright property is part of a clearly defined residential zone. To zone the property General Commercial would be, by all reasonable standards, spot zoning. 2. The argument that the Wright property was zoned incorrectly because of previous commercial associations is without foundation in fact, the propert) was and is correctly zoned R-10. 3. The stability of the residential character of the area areound the Wright property is -clear from the length of time the adjoinging properties have been used as residences. To introduce a General Commercial zoning within this neighborhood would undermine one of the basic purposes of zoning as set forth in the zoning ordinance "to promote the stability of neighborhood 4. Rezoning of the Wright property would defeat another of the b asic purposes set forth in the zoning ordinance; " to promote desirable living conditions and protect property against blight and depreciation." 5. Two physical features make the Wright property unsuitable for General Commercial use: a. difficult of access to Highway 70 and b. a serious drainage problem. 6. The purpose for which the Wrights have said they desire the rezoning... to modernize Mrs. Wright's beauty parlor.. can be achieved without a zoning change, since her business is a home occupation. 7. Zoning the Wright property General Commercial poses the threat of a domino effect. Ms. Rigsbee stated she has received a letter from Mack Walker opposing the rezoning and a letter from Alonzo Walker who does not object to the rezoning. Mr. Wright stated that ample space is available at this home for the ex- pansion of his wife's business since one area of the home used to be an apart- ment. Louise Evans stated she feels a beauty shop is needed in that area. HAda.Bzody reminded those present of the Byrd Super Market rezoning which has created light, flooding and noise problems. She spoke of the danger in- --- - , d with t'hcme--thm-i-uthe-Wrrght-rezoning. The Chairman of the Planning Board asked if others wished to speak to the rezoning request of Mr. Wright and hearing no comments continued to the next i October 27, 1987 - Public Hearing Page seven proposed agreement, however, Mr. Davis, attorney for Flynt Fabrics stated his client would not agree to the document. Mr. Flynt has talked with Mr. Van Tilbury today and was told that this color discharge probably has been occurring over a long period of time and the Eno has become acclimated to the discharge. Mr. Flynt stated Mr. Van Tilburg does not regard the discharge an immediate environmental emergency and will take some time to solve. He added that as long as his company and the Town are making good faith efforts to improve the situation, the State is willing to work with the two parties. Mr. Flynt added he would not agree to the'Town Attorney's agreement because he felt his company would be assuming unreasonable liability. Also, he feels it is unfair to re- quire his company to file a $1003,000 letter of credit. Mr. Flynt's attorney presented an agreement which stated Flynt Fabrics would reimburse the Town for all fees and penalty levied by the State and will pay any attorney fees re- quired in the process. Michael Brough stated the agreement was to protect the Town, that any risk involved should be assumed by Flynt Fabrics and not the Town. He added that positions change and Mr. Tilburg could be overruled in his solution to the pro- blem and the solutions may not work and may cause damage to the Town's system. Mr. Brough recommended the Board go into executive session to discuss the matter with legal counsel. Upon motion of Commissioner Boericke, seconded by Smith, it was moved and adopted to go into executive session for attorney/client consulation. Following the executive session, the group from Flynt Fabrics was told the Town Attorney would negotiate with the Company a revised draft agreement. The following people were present for the public hearings: All members of the Town Board, Harding Hughes, Frayda Bluestein Janet Rigsbee, Barbara Page, Evelyn Poole -Kober, Frank Ray, Richard Hammer, Cherba Holt, Carolyn Glasgow, Ida Louise Evans, Hilda Brody, Calvin Ashely, Cheshire Cole, Bob Rose, Margaret Moore, John and Corenthia Wright, Tarleton Davis, A. W. Kenion, Lula M. Cathcart Grainger Barrett, Henry Moss, Vic Knight, and Jim Anthony. Mr. Hughes explained the new fee schedule which includes three kinds of one time fees for water. (1) The Water Capital Facilities Fee allows the Town to recover a portion of the capital costs of providing water system facility capacity; (2) The Water Front Footage Fee is to recover a portion of the costs f installing water mains, hydrants, valves and appurtenances which are necessar to provide water service to abutting properties; (3) Water Lateral Installation Charge is to recover a portion of the Town's cost of installing a water lateral from the water main in the street to an individual property. Also,.the new fee includes a sewer capital facilities fee and a sewer front footage fee. No lateral charge for sewer is being made.. Vic Knight inquired about the purpose of the new fees and Mr. Hughes re- sponded by explaining the above. Mayor Protem Johnson asked if there were other questions regarding the fee schedule and hearing none referred to the next item for public hearing. Item 2: Rezoning request by John and Corenthia Wright to rezone approximat 22,500 square feet on the south side of Highway 70 from R-10 to General Commerc The Planning Director stated the surrounding uses for this property is zone sing lef+ami1y dwellings on the south and west, the east have vacant property and the north is commercial. Letters from Debra Grimes and Naviar Barker were read opposing the rezoning Also, Lula Cathcart opposed the rezoning. A petition protesting the rezoning was presented to the Board. The petition contained six signatures. A letter dated February 23, 1987 from Mr. &.Mrs. Wright was presented as part of the T},e l ottor _#- f*_A f T.k mit Mro TTri rr Tif- nr an of na n 1,nnnf-4r ok^- nnra nn f-'hQ October 27, 1987 - Public Bearing Page nine No comments were offered regarding this change. (2) Require side and rear setbacks in Office -Institutional zoning district of 20 feet, Section 3.5. It was pointed out that 20 feet is the required residential setback No comment was offered on this change. (3) Change to Section II, Amendments to allow the Board of Adjustment to bring an amendment to public hearing and to require the Zoning Officer to prepare a recommendation after the public hearing. No comments were offered regarding this change. (4) Changes to Section 8, Signs, which include the following a. Allow additional flags to be erected, Section 8.4.b. b. Place a maximum size on church signs, Section 8.4.g. C. Allow banners to be erected for grand openings, Section 8.4.1. d. Exempt signs integral to a structure from square footage require- ments if in place at the time of this amendment, Section 8.1l.d. e. Require nine foot clearance of hanging signs above the sidewalk, Section 8.15.c.11, f. Allow for notification by certified mail or personal delivery and allow for removal of signs by Feb. 17, 1989 as stated in Section 8.8.6 g. Allow for Board of Adjustment review for non-profit, public event signs that are in excess of the minimum requirements No comments were offered regarding the above amendments. Item 4: Change the eastern boundary line of the Historic District to end at the rear of the lots on Thomas Ruffin Street. No comments were offered regarding this amendment. Item 5: To allow for a Minor Site Plan Reviewed to be performed by Zoning Officer - Change to Section 5.18..2.b. Commissioner Johnson questioned whether a site plan review was always neede . Mr. Hughes suggested the Board of Adjustment and all property owners be notified within the required ten day period before the plan is approved. Item 6: Review of the updated zoning map. Sally Boericke asked how cemeteries were zoned and the reply was they are now zoned Office -Institutional. It was pointed out that the Planning Board has yet to bring their recommendation to the Town Board regarding the proper zoning for cemeteries. Item 7: Discussion of proposed Subdivision Regulations and Appendix It was pointed out that a draft of the regulations has been submitted to the Institution of Government and to Orange County Planning Director, Marvin Collins, however no responce has been received. This item was delayed until another time. Item 8: Recreation Plan and Recreation Service Area Map This item was tabled. Mr.;,RPse:asked for other commends and hearing none declared the public hearing concluded. The meeting was then adjourned. Respectfully, submitted,