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HomeMy Public PortalAbout8.10.1987 Agenda & Minutes Planning BoardMayor Frank H. Sheffield, Jr. Commissioners Myron L. Martin Horace H. Johnson Allen A. Lloyd Remus J. Smith Rachel H. Stevens Znwn of HillsbarourA HILLSBOROUGH, NORTH CAROLINA 27278 NOTE: PLEASE BRING YOUR AGENDAS FROM JULY 2, 1987. A r_ F u n A HILLSBOROUGH TOWN BOARD Monday, August 10, 1987 7:30 PM PUBLIC HEARING Town -Clerk Agatha Johnson Supt. -Water Works James Pendergraph Street Supt. L.D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief ! John Forrest Item 1: Joint .Town Board and Planning Board quarterly -public hearing to consider (1) Amendments to the Zoning Map; (2) Text changes to the Zoning Ordinance and Amendments to the Flood Plain Ordinance. (Attachment #1) Item 2: Adding of Items to the printed agenda Item 3: Minutes of the July 13, 1987 meetings are submitted for approval. Item 4: Audience Comments 1. Matters on the printed agenda - (You are asked to identify yourself.so that you are not overlooked). 2. Matters NOT on the printed agenda-- (Any new item added to the agenda shall be limited to three minutes of discussion). Item 5: Departmental Reports - Attachment #2 Item 6: Approval of Water-Sewer.Extensions 1. The Board is asked to grant approval of the water -sewer plans for Meadowlands. 2. A request for approval of the water -sewer plans for Cornwallis Hill, Phase II is made. Item 7: Contracts 1. The Board is asked to consider the revisions to the Durham Water Line Agreement which has been mutually agreed upon by Orange County. Attachment already sent. 2. The contract with the Town Attorney is attached for the Board's consideration. Attachment #3 3. The Board is asked to consider the contract with the Town Administra- tor which has expired. - Attachment #fir. MINUTES HILLSBOROUGH TOWN BOARD AUGUST 10, 1987 The Hillsborough Town Board met in special session on Monday, August 10, 1987, 7:30 PM at the Hillsborough Town Hall Complex. The purpose of the special meeting was.to, conduct a public hearing jointly with the Town's Planning Board. Those present for the scheduled public hearing were Mayor Sheffield, Town Board members Johnson, Boericke, Lloyd, and Smith. Planning Board members present were Chairman Robert Rose, members Barbara Page, and Hilda Brody. Others pre- sent were Mary Ramsey, Evelyn Poole -Kober, Karen Wysocki, Bill Price, James Boericke, Edna Ellis, Ruth Woodall, A. W. Kenion, Don Cox, Joyce Munroe, Cathie Falconer, E. Bellamy, Carolyn Torian, Vickie Kenion, Catherine Oakley, Joseph Russell, Thomas Johnson, Sharon Burel, Daisy Walker, P. Mark Walker, L. M. (Cathcart, Janie Bowman, William Bowman, Dallas Long, Lonnie Coleman, Nancy Coleman, Nancy Barfield, C. L. Carmichael, Dennis Priest, Rick Butler, Corethia Wright, Leola Barker, Marviar Cartcart Barker. G1 bert Parker, John Riley, Frederick Johnson, Martha Johnson, Kevin Meredith and Mike McQueen. The Mayor announced that due to a lack of quorum from the Planning Board, the meeting will begin and the Town Board will proceed with the discussion of other items listed on the agenda. Item 2: Adding of Items to the printed agenda - The Town Attorney stated he had two items to discuss with the Board in Executive session; he asked the Board to add under item 7 discussion of the Alert Cable TV Franchise; Mr. Hughes asked the Board to discuss under Item 3 the proposed Water -Sewer Policy prepared by Orange County and Doris Neville wishes to address the Board regarding a lot line problem. By,consensus, these items were added to the agenda. Item 3: Minutes of the July 13, 1987 meeting are submitted for approval. Upon motion of Commissioner Smith, seconded by Johnson, the minutes were approved as submitted.. Item 4: Audience Comments Barbara Page and Mary Ramsey asked for permission to speak to Items 6 and Item 6: Approval of Water -Sewer Extension - (a) The Board is asked to approve the water -sewer plans for Meadowlands. Mr. Hughes informed the Board that the final water -sewer plans have been approved by the Town Engineer and Are before the Board for their final approval, He added that the developers for Meadowlands will install dry sewer throughout the development for some future use since sewer service is not now available to the site. The dry sewers will fit into the Town's system. For the time being, Meadowlands will use a septic tank. Upon motion of Commissioner Smith, seconded by Johnson, it was moved and adopted to approve the Meadowlands water -sewer extension with the condition that they follow the Town's guidelines and specifications. The Board discussed with the Town Attorney the public hearing which was scheduled for the beginning of the meeting and it was decided to start the hearing and to hear input from those citizens who have come and to continue the hearing til the Monday, August 17th meeting. At that meeting, the hearing will continue to provide an opportunity for additional input. Mayor Sheffield turned the meeting over to Robert Rose, Chairman of the Planning Board to preside. It(eml- Rezoning request for Oakdale Woods to be rezoned 11.37 acres from - to Multi -Family. The Planning Director stated a conditional use permit has been issued for the construction of 78 apartment units and construction could begin with the permits already issued. The new owners are asking that the property be rezoned in order that townhouses may be built and sold to individual owners. August 10, 1987 Page two Mr. Rose asked is there were any questions of clarity. Don Cox asked the difference in density in single family units and multi- family and the reply was 6 units per acre for multi -family and a maximum of 67 units for the townhouses. Dennis Priest stated that State permits and grading permits have been issued for the apartment complex. The Planning Director read into the record comments received from Lauren DeDonato of 105 Cheshire Drive. Ms. DeDonato opposed the rezoning because: 1. The single family dwelling units on Cheshire Drive, Murdock Road and Cates Court are already surrounded by MF development in a semi -circle. If a MF development goes in there it will almost close the circle. 2. Ms. DeDonato hopes to have more Single Family development in the area. 3. She feels the views of the homeowners are disregarded as opposition to Coachwood and Gateway Apartments went unheeded. 4. She doesn't understand why the Town of Hillsborough allows these areas to be rezoned MF. It should be disallowed and a more even balance with more signle family units should be allowed. 5. There are only single family dwellings currently existing on Oakdale Drive and she would rather see single family dwellings on the lot. Item 2 Rezoning request to rezone 9,000 square foot lot located at 128 Margaret Lane from R-20 to Office Institutional. The Planning Director stated there is a single family dwelling and shed on the lot The Planning Director read letters from Nancy Barfield and Scott Dorsett who both stated they had listed the property but had been unable to sell it because of its close proximity to Southern States and the town's parking lot. Both realtors recommended the property be rezoned to Off ice -Institutional in order that it can be properly used. Reference was made to a letter written by Tommy Burel which strongly objected to the rezoning of the property, stating that commercial property brings more money when sold and the office -institution and/or commercial zoning has a negative affect on the community and destroys the residential way of life by encroachment of commercial development. He asked that the property not be rezoned. Karen Wysocki of W. Margaret Lane stated there is not a shortage of office -institution space in Hillsborough and the rezoning would deface the residential property in the neighborhood. Dallas Long stated that Tommy Burel had withdrawn his opposition to the rezoning. Jim Boericke who lives two doors from the property seeking the rezoning spoke'of the need to maintain the quality of the street appearance and with the rezoning there would be an erosion of the residential property. He added that changing the zoning would also change the set back requirement for the property and he strongly objected to the change. The Planning Director stated the Hillsborough Historic Society, who owns Droperty at 128 W. Margaret Lane asked that the Town halt the encouragement of -ices in the Historic District. lliam Price of W. Margaret Lane spoke of the domino -affect the sld have on the residential area on the street. He stated there ousinesses on the north side of Margaret Lane and if the change takes place, additional parking space would be needed. The street is hbav ily travelf and the traffic situation should be taken into consideration. Rev. Price said the Town would be doing a dis-service to others on the street if the rezoning is granted and that the character of the Town should be preserved by refusing the request. Nancy Barfield stated she was interested in the beautification of the Town and felt the property could be improved as -.an office -institutional use. Sharon Burel said that although her husband did not oppose the rezoning she didlthat she wanted to keep the residential feeling of the neighborhood. August 10, 1987 Page three Dallas Long, owner of the property, stated other businesses have infringed upon him and that he could not sell his property as a residence due to this. lHe asked the Board to put themselves in his place. r(lt�em3-: Rezoning request of John Wright to rezoning lots 4,4A,5,6, and 6A ZT—propearty located on Highway 70 from R-10 to General Commercial Henry Moss stated he represented Mr. Wright and asked that the rezoning request be withdrawn and rescheduled for a later date. The Town Board asked the Town Attorney if the tabling of the request would constitute a withdrawal and the attorney replied the spirit and the intent of the Ordinance is to allow the public an opportunity to speak to the request. He recommended those present to speak to the rezoning be allowed to speak and that the request be.continued to a later date. Chairman Rose asked if there were any objections to moving the rezoning request of John Wright to the October quarterly pinblic hearing, and hearing none stated the Wright hearing would be rescheduled for October and no further comments would be received tonight or next week. Ctem 4• Rezoning request to rezone rom R-20 to Office -Institutional. now used as office -institutional as in this manner. the Old Piedmont Electric building It was pointed out the building is a non -conforming use and can continue The Planning Director stated the Historic District Commission is opposed to the rezoning. Don Cox stated the neighborhood has suffered since Piedmont Electric has been there, that the rezoning would be spot zoning and he is opposed to opening the neighborhood to Office -Institutional. He asked if the area has been tested for PBC contamination from the insulating oil used by Piedmont Electric. Lonnie Coleman stated his law firm has purchased the property and the rezoning was in process when the purchase was made. He stated an Office-Insti tional zoning presented a better package to lending institutions than a non- conforming use. He added the use would continue as is and he has plans to im- prove the site through a landscape architect. 2ItKay'plus .Plus Overlay Zoning #1 - Tuliptree Drive and Locust Street to add ovdistrict Item Plus Overlay Zoning #2 - Riddle Avenue and Homemont Avenue to add overlay plud district. t'�em 7• Plus Overlay Zoning #3 - Holiday Park Road N (Thompson Court) and Odie Street to add overlay plus district. It was pointed out that the plus overlay districts would allow a single wide mobile home with a sloped roof. These districts would keep the R-10 zoning but the overlay designation would be added. Other requirements for the overlay districts are trailers should be underpinned with ABS plastic skirting, shall have exterior siding consisting of wood, hardboard, or aluminum, but shall not exceed the reflectivity of gloss white paint, all towing apparatus a transportation lights shall be removed. could Martha Johnson asked if therelbe any trailor parks in these,areas or will trailers be required on individual lots and the replied was in these areas, only individual trailers or houses will be permitted. Carolyn Torain asked if the rezoning would cause residents to pay city and county taxes and the reply was no. It was pointed out that zoning laws are for the protection of property owners. Item 8: Text Change Amendments (1) To allow temporary mobile homes of any class for temporary residence with a Conditional Use Permit as provided for in Section 4.16 Evelyn Poole -Kober asked how a temporary mobile home would be connect to water and sewer and the answer was in the usual manner. Barbara Page asked about the renewal cost each year and the reply was a new application and charge would be made annually. August 10, 1987 Page four Janie Bowman asked could a mobile home be replaced with any type mobile home and the reply was yes, under the conditions set forth. Item 9: Amendment to allow for mobile classrooms in the Office -Institu- tional district The amendment stated that construction -site trailers may locate on con- struction site after a zoning permit is issued and must be removed 30 days afte the Certificate of Occupancy is issued. Also mobile classrooms that meet Class C appearance criteria may locate in the 0-I district provided that they are located so as not to be visible from the public right of way or neighboring residences. Rick Butler, Attorney for Orange County School System, stated he and his Board have problems with the requirement that the mobile classroom should not b visible from the public right of way or neighboring residences. He stated this is not alwa3G possible for the school system. Mr. Rose pointed out the requirement that screening is required between residential and office -institutional. Mayor Sheffield stated he understood the concern and feels the wording of the amendment needs to be improved. Item 10: Amendment to change the date in section 5.8.3.e from August 15, 1987 to September 30, 1987 and to repeal this section on September 30, 1987. The Planning Director stated this amendment is for the benefit of those persons with hardship in locating a site for their mobile home. Only one per- son now needs a zoning permit and should be ready for the permit by September 30, 1987 Item 11: Flood Plain Ordinance - to update the Flood Plain Ordinance as recommended by the Army Corp of Engineers and the Federal Emergency Management Agency. Ms. Riggsbee stated the amendments would not affect the Town of Hillsbo No comments were made on this amendment. Robert Rose then asked that the public hearing be continued to a later date and by consensus, the Town Board scheduled the continuation of the meeting to discuss all items except item 3 for Monday, August 17, 1987, at 7:30 The Town Board then continued with their regular agenda Item 5: Departmental Reports - Following a review of the reports, no comment was made. Item 6:(2) Approval of the water -sewer plans for Cornwallis Hills III The Town Administrator stated the plans for this project have not been completed at this point. Item 6:(3) Discussion of Orange County's Water -Sewer Policy Mr. Hughes stated the County has sent to him a copy of thier proposed policy and wished the Town to make comment. The policy will become part of the County's Land Use Plan and a reply is requested by August 12th. Payor Sheffield stated the policy would allow the County to help finance some water -sewer extensions outside of Town and the County has no designs to pre-empt the Town's responsibilities. The Board agreed to discuss the policy again on August 17, 1987. Item 7:(1) Consideration of the revisions to the Durham Water Line Agree-+ ment which has been agreed to by Orange County, Upon motion of Commissioner Johnson, seconded by Smith, it was moved to adopted the revised language as submitted. August 10, 1987 Page five Item 7:(4) Alert Cable TV Franchase The Town Attorney stated before Alert can file written acceptance of the franchise agreement with the Town several interpretations must be made: (1) The _original draft of the franchise contains a sentence staffing at the end of three years following acceptance of this franchise, Alert may petition the Board to be relieved of the obligation to upgrade the system if it appears that the extent of available programming does not warrant the costs of expansion. (2) Section 16-30(b) of the regulatory ordinance requires that the grantee file a bond to guarantee timely construction of the system as required by the ordinance. Since the franchise is renewal, no construc- tion is required at this time, however, the Town could require a bond for the upgrade to be filed at this time or at a'later time prior to the upgrading. (3) Section 16-30(c) requires Alert to deposit a letter of credit in the amount of $5,000 to ensure performance by Alert of any claims, fees, liens or taxes due the Town that may arise by reason of the construction, operation or maintenance of the system. ALert request the Board to waive this requirement. Upon motion of Commissioner Boericke, seconded by Johnson, it was moved and adopted to include the three all three requirements in the franchise agree- ment and to waive the requirement for a letter of credit. Upon motion of Commissioner Boericke, seconded by Johnson, it was moved and adopted to go into executive session to discuss pending and potential litigation, and claims against the Town. Following the executive session, the meeting was adjourned. MINUTES HILLSBOROUGH TOWN BOARD AND PLANNING BOARD PUBLIC HEARING AUGUST 17, 1976 The Hillsborough Town Board and Planning Board met on Monday, August 17, 19873% 7:30 PM at the Hillsborough Town Hall Complex. Those present were Mayor Sheffield, Commissioners, Boericke, Johnson, Smith and Lloyd. Planning Board members present were Chairman Robert Rose, Members Page, Evans, Cole, Murphy, Moore and Culbreath. Others present were Doris Neville, A. W. Kenion, Mary Ramsey, Lennix Cotton, Norma White, Lonnie Coleman and Doug Hargraves. Mayor Sheffield stated that tonight's meeting is a continuation of the August 10th meeting between the Town Board and the Planning Board and one pur- )ose of the meeting is to continue the public hearing of August 10, 1987. He :hen turned the meeting over to Robert'Rose, Chairman of the Planning Board. Item 1 on the agenda was the rezoning request to rezone Oakdale Woods from :-10 to Multi -family. It was pointed out that a conditional use permit has been issued for the construction of 78 apartment units. New owners now are asking that the propert be rezoned to mulf i -family in order that townhouses may be built and sold to individual owners. The Chairman asked for comment and hearing none referred to the next item. Item 2: Rezoning request to rezone from R-20 to Office -Institutional 120 W. Margaret Lane The Planning Director read letters from Elizabeth Matheson, Anne Crawford and Tommy Burel in opposition to the rezoning request. She also read a letter from Dallas Long, owner and applicant for the rezoning, Mr. Long cited eight (8 reasons for requesting the rezoning: (1) the property adjoins a town parking of and is across from three commercial properties; (2) his house has been on Minutes August 17, 1987 Page six the market for over two years and has not sold due to, in Mr. Long's opinion, the adjoining properties are in need of beautification; (3)Margaret Lane being the first street upon arriving in Hillsborough should set precedent of is to come;__,(4) Mr. Long stated that no one directly adjoining his property objects to the rezoning; (5) the Historical Society had a split vote and they own property on Margaret Lane, which makes one feel they have an interest in having the property rezoned; (6) there is already an office set up within three,.houses from hisproperty; (7) he feels that real estate values will continue to appreciate; (8) regarding backing out of the driveway, 9 out of 1 homes in the block back out, so it would not represent a hazard as far as Mr. Long is concerned. Mr. Long asked the Board to be fair in the treatment of its citizens. No other comment was made on the request. Item 3: John Wright rezoning was tabled until the October hearing. Item 4 Rezoning request of Lonnie Coleman to rezone from R-20 (Non- conforming) to Office -Institutional - Mr. Coleman asked that this item be delayed until his partner, Doug Hargraves has arrived. Item 5, 6, and 7: Plus Overlay Districts for Tuliptree Drive, Locust Street, Riddle Avenue and Homemont Avenue and Holiday Park Road (Thom Court) and Odie Street. The Planning Director stated that in plus overlay districts, single wide mobile homes will be permitted, however, the trailers must have sloped roofs, must be underpinned with ABS slastic skirting, b.hall have exterior siding con- sisting of wood, hardboard, or alumiunum, and shall not exceed the reflectivity of gloss white paint, all towing apparatus and transportation lights shall be removed. It was pointed out that districts shall become overlay as the need aris and with the approval of the Town Board. Item 8: Amendment to allow temporary mobile homes of any class for temporary residence with a conditional use permit as provided in Section 4.16 Mr. Smith asked if a close friend would qualify for a temporary mobile home permit and the reply was no, only family and only someone who needs temporary care due to age or poor health. The question arose as to the number of people who would permitted to live in the temporary mobile home, since someone in poor health would need someone to take care of them. Robert Rose suggested that an "s" be added where appropriate to permit more than one to occupy the temporary mobile home. Mr. Johnson asked what is needed for someone to construct a ramp for the disabled and the reply was approval of the Historic District Commission if within the district and a zoning permit. Item 9: Amendment to allow for mobile classrooms in the Office - Institutional district The amendment provides for mobile classrooms in 0-I. District as long as the unit is not visable from neighboring residents or public right of ways Rick Butler from the Orange County Board of Education opposed the amend ment as written stating it is not possible for the mobile home to not be vis able from the right of way in some cases since there are not enough wooding and hill to keep it from view. He added this requirement is not feasible for the future. Mrs. Boericke raised the question of why the School System couldn't plant trees and plants as screening for mobile classroom sites? Mr. Rose stated the Ordinance does require that plantings be in place. Commissioner Smith disagreed with the requirement that plantings be in place prior to the placement of a mobile home classroom, stating this would present a hardship in knowing where to plant. Minutes August 17, 1987 Page seven Louise Evans stated she owns property on Nash Street next to the school and while she feel it is important to screen mobile home classrooms from adjoining residents she also feels that education is most important. Item 10:= Amendment to change the date in Section 5.8.3.e from August 15, 1987 to September 30, 1987 and to repeal this section on September 30, 19! No comment was made on this amendment. Item 11: Flood Plain Ordinance - to update the Ordinance as recommended by the Federal Emergency Management Agency No Comments were made on this item. Item 4: Rezoning request of Lonnie Coleman to rezone 42,000 square feet from R-20 (non -conforming) to Office -Institutional, property located at 129 E. Tryon Street. The Planning Director stated the Hillsborough Historic District has objected to the rezoning request and feels if the rezoning occurs the building can be extended, the sign would be larger and there would be no setbacks. Lonnie Coleman stated the building was used as offices prior to the adoption of the Zoning Ordinance. The property was purchased because of the space around the building. There are no plans or interest in expanding the building however his firm does plan to landscape the property to improve its appearance. Any change to the exterior will be to add a portico which will cause the building to look more historic. He added the plan presented by Ms. Barfield earlier would not be used. Doug Hargraves, a member of the law firm, stated the overall plans for the building is to fit it into the neightborhood and to be compatible with the area. The firm has a substantial investment in the property and wants to be certain the property can be used. Norman White, landscape designer, stated she intends to canvess the neighborhood to see what the neighbors would like to see in the landscape design. She plans to reduce the parking now available at the building and to get rid of the concrete now there. She stated the idea is to be soft -key and to increase the volume of vegetation so the property will be a people place. A small vista is planned for the back area. Mr. Rose stated the Planning Director has talked with the Institute of Government and been told this rezoning would not be spot zoning since the building has been there so long. Mr. Johnson stated this property was one of those tracts of land which was not zoned properly when the map was drawn up. Ms. Riggsbee stated the property could continue to be used under its non- conforming use for offices, however the building could not be expanded and adding a portico would be enlarging the building. Margaret Moore asked if the property was rezoned and the building was later sold would the building remain as Office -Institution and the reply was yes. Mr. Coleman asked if it was possible to amend the ordinance to allow the office -institutional zoning and to put in setback requirements for the buildi He.added'he can borrow more money from the lending agency for improvements to Che building, if the property is zoned properly. The public hearing was then declared concluded.