HomeMy Public PortalAbout11.3.1988 Agenda & Minutes Planning BoardHfILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
PLANNING BOARD MEETING
_ NOVEMBER 3, 1988
-1-/V7ROZ) Uc-rIov; - 6:30 PM
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X4obi�1 rte
1. Request from Dallas Long to rezone the lot at 128 W. Margaret Lrf. from
R-20 to CC (Central Commercial). 4.36.A.11 (attachments)
2. Request from Joe Phelps to rezone a 1.46 acre lot from AR to GI (General
Industrial). The lot is located on the south side of Hwy 70A west
north of White Furniture Company. 4.40.A.6 (attachments)
,,3. Request from Robert Scholar to zone 4 lots (00-33) in North Dixie
Subdivision on the west side of Wildaro Ct. to R-10. There is no
`) zoning on these newly annexed lots. 4.5H..21-24 (attachments)
4. Administrative zoning of newly annexed lots in the Northern Fairview
area that are currently unzoned. Proposed zoning is R-10 and.R-15 as
shown on map. (attachment)
TEXT AMENDMENTS - ZONING ORDINANCE AND SUBDIVISION REGULATIONS:
5. Request from Jim Anthony to amend the Permitted Use Table to allow for
most GC (General Commercial) permitted uses to be permitted uses in
GI (General Industrial) districts. (attachment)
6. Request from the McPherson family to allow 2 flag lots per parcel.
(attachment)
7. Request from Senate Properties Inc. to allow for 6 gasoline pumps
(multi -product dispensers) at convenience stores outside of the
Historic District. (attachment)
8. Amendment to establish special standards and exempt from subdivision
water and sewer pump stations. (attachment)
9. Amendment to increase the height limitation on church spires and
their ornamentation. (attachment)
10. Amendment to establish a third alternate to be the Planning Director
for the -'Historic District Commission. (attachment)
11. Amendment to allow additional time to underpin a mobile home in
A ; rd ship cases with a sigineci nreernent. (attachmient)
12. Final Subdivision of Hillsborough Crossing Major Subdivision. Located
on old Hwy 86 and new public road, Cardinal Dr. (4.42.B.3 & 4A)
(attachments)
13. Approval of the minutes of the October 6, 1 88 meet�i/ng.
�7• HPPR'OVAL' /' . r• a Ire t�G//. 2 j/y� i7�Qv/'��
To ensure that we have a quorum, please ca 1 the Planning Office
at 732-21,04 if you cannot attend the meeti g.
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jqff NUTES
A
PLANNING BOARD
November :1, 1'
1AE11--,-11BER't--'? Bob Rose kK,2ra1'r),Rob1rL Coleman Brewer, Barbara Page,Willlam
PRESENT Crowther, 1�Iargaret 1%*jore, ChesiYe Cole, Ida Louise &mns,
Dr Robert Murphy
M `1- Idey, T
EMBERS: Jim Culbert, i."Adliu'L As Tarleton Davis
ABSENT
13THERS- Robert Scholar, Wendy Olson, Libby Moose, Susan Whaley, Grainger
0 1
Barrett, Frank Ray, Jack Smyre, Janet Rigsbee, Vance Spni-lks
addition: n- Thd w
Tito Board greeted and inroduced to new, out-of-town Board
member William Crowther and Vance Spicks, new Planning Asst.
Robin Coleman resumed her maiden name of Robin Brewer.
Additions: Approval of the Public Hearn"Ig Minutes
General Statutes distributed to members
Information on an upcoming Tree Workshop
Presentation by Wendy Olson on her course stud. "s status.
y
1: Page moved that the. Board approve the. minutes of the October 6,
'1988 meeting.
Brewer seconded.
U118.1drCIOUS
ITEM -33.- T.L'Lp
request from Robert and Rachel Scholar to rezone. 4 lots 111 North
Dixie Subdivision or-, the west sRe of Wildaro ;it., to R-10 was
presented.
.. -oul future zoning Or if it
'Vnnva el �.". V �Alv.
ffe.— this ry .4 have On
would set 8. precedent. Rigsbee, gave a. brief history of the property.
h400re asked. what would be the benefit of this rezonnilg. Rose said
that it would add two more house sites to the subdivision.
Page said that the crowded nature and activities occuring Lift the area.
that has milorolved the police should be a concern. She stated support of
R-15 zoning.
Cole acked if the fire department would. be placed. in a. difficult
situtaticin with the closness of the house. sites. Rigsbee said homes
are allowed to be 30' apart In R-10 and. 40' apart In R-15. Rose
Yvpiewed. the ClOSILe-SS Of homes and the traffic Issue raised during the
Joint Public Hearing.
Page said that the Board should consider the undeveloped land behind
this Area that could come into consideration soon while deciding upon
this reg-orm,ng.
Planning Board.
11-3-88
page 2
Rigsbee, at the request of Lir Murphy, shovred. where R-15, R -Id, and.
R-40 areas were located on the. town zoning map. Rose said the
thought process of the. Planning Board, in 1985, was that
interspersinglarger lots racy alle�fiaxe crowded conditions in this
area.
Evans said that neighbors complained to her about the. closness of the.
houses in this area.
Page moved to recommend R-1.5 zoning for this property.
Dr Murphy seconded.
Unanimous
ADDITION: Wendy Elson presented her course work on a. Walking Path Land
Use Map. She. said that the density of area still need to be looped
into. Site said she. had walked through as much of the. town as
possible thus far. She. is Placing hawses on lots tea. tax maps and is
attempting to locate currently used, walkways across to un. On the
map green areas represented residential lots and the. gray areas
;were. abandoned or r:ondemne.d areas. Some trails cut across and near
schools. ;hie. said there. its a. need for walkways near schools. Also that
Nash St, King St, Lakeshore Dr, and Cameron Ave. are problem
streets. Access to the library was also cited by Olson as a problem.
She said that the. noythe.rn side of town still needs to be mapped by
her.
Rose asked for hest assistance In design and planning of new
walkways for town. He also mentioned the. use• of the. ce:rcietery as a
walkway. Olson agreed that the cemetery has been one of her ideas
for a walkway in the future.. Rose. said that a path from Daniel Boone
Complex to Downtown should be worked upon.
Cole asked. vwhert Olson would complete the task. Olson said. that her
graduation date was t16 year and she had to complete. the study by
tRe.n.
ITEM 1: The request from Dallas Long to rezone the lot at '128 W. IvIarga.ret
Lane. from R-20 to CC (Central Commercial) was introduced. by Rise.
Rigsbee rein'e.we•d the Planning Director's analysis of the request
f;i�.genda). Lir lAu.rphy asked how the Southern States was zoned..
s
Rigsbee said it .was zoned CC. (Central Corrmercia.l)
re• rli ,'fe.d r -e R�[ y�i °nd •riu i Ci h y y +••,* rr..�ilaz+i
to 1 •�.t �l L'✓ A f t le re•i, �.�lt ill J. 4L1 V.4.•�, �.
Dr Nfu.rphy seconded.
Unanimous
Planning Board
11-3-88
page. 3
ITEM 2: The request from Jot Phelps to rezone a 1.46 acre lot from AR to GTI
(General Industrial) was discussed.
Gilt asked about the level of congestion at this site.. Rose said. there
are traffic problems there.
Page expressed concern for the acid used In cement and the cleaning
oft
I the trucks at homes where jobs were. performed. Page stated that
the acid was in the formuli. of tle cement. Rose said that this type of
acid ids; a lesser evil, but it m' ht accumulate and get into the
eco -system.
Rig sbee relfiewed the. Plartnmig Director's analycl,121 fag enda).
Dr h4urphy moved to recommend dennil of the rezoning request.
Page seconded
UnartiMolls
ITEM 4: Rigsbee presented the adicanLi"Itratille ,,orLirLg of the newly annexed
lots In the Northern Fairview area that are currently unzoned (file).
Page moved to recommend the adoption of the admiRkMatille zortiig
as shown.
Cole Secon-ded.
Unanir"LOUS
IT EIVI 5 The :request from Jim Anthony to a:raend the Permitted Use Table to
allow for most G(,' (C)eneral -Cornmerical)l permitted uses to be•
permitted. uses in GI (General Industrial) districts was presented by
Rose.
RIFI-sbee reirlewed the Planning Director's analysis (agenda).
Rose said that it could be possible for the property owner to ask for
YezurtlAg of lot and have one part of the property as GC
wand the other
part as GI. Rose. also stated the possible. liability problems with GC
uses in GI areas.
.14
Crowther expressed the feeling that people need to rent downtown
spaces for retail businesses.
Tbe Board felt the need of additional study if retail sales could be
connected to an industry would be allowed
Planning Board
11-3-88
page 4
Page moved to recommend denial of the amendment for the reasons
as stated in the Planning Director's analysis.
M-iore : ec inded
Unanim.ou.s
I T Ma=tt 6: The. request from the Ivic Pherson family to allow Z flag lots per
parcel was withdrawn rift writing by William 1A.Pherson. Rigsbee
revievred the problems that arose with the request and the.
McPherson's final solution.
r1T1LM11 , The leiuest from Senate Properties Inc. to allow for ass1
mie
pumps (rtrv.lti-product dispensers) at convenience stores outside of the
HIStoric District was presented by Pigsbee and the Plarrrtntg
Di
yre
gctor's a.rtalsis }}vas reviewed 'agenda'. Rigs bee. re�.vfed local
COnveitience. Stores :md gas statiui-ts t•uire•rtll,� in upe•rL�ti^rt.
Crowther asked if any other gas Company's had voiced arty Opinions.
Rigs bee said they hadriot.
Dose cited art example of-1vfPD islands with 8 pampa and serving 16
Cars. Rigsbee noted the nttent of the amendment was confusing and
vague. She said there needs to be a ceiling upon the. number of cars
s e.rve.d.
Susan Whaley was re.cong .ed by Rose to explant IVIP s. She said
that no matter item, many hoses were at a h4PPD, only one product
could be dispe•nse•d c?t any time. from one. side.. Rose e said that one.
MPD is equal to 2 old style gas puraps. Pose asked how to write the
ord.nrance clearly to awoid Confusion.
Rose asked if we define• pumps, islands, canopies, or all of these.
items. Pigsbee reviewed. the Serrate request for 6 MPDs or the
ability to serve 12 Cars. The. Beard discussed the differences between
multiple• islands and the. grouping of I-APDs.
Crowther a.sk;.ed for a. model of this proposal. "ole agreed for the ne-ed.
for a. model.
Grainger Barrett yr as rec:ongit ed by Rode for Clarification. Barrett
saR the isrlands of the stations should. be. reviewed Lt Site Plan
Relhe•ws. He said that 1%4 Ds were the. iritportant issue., not Islands
because each property ease could be different. Rose said he. was
concerned about possible. future• abuses if the definitions were. not
Clear.
Planning Board
11-3-88
page 5
Rose, said that the. question 'is the. maximum number of cars being
_serviced. at any glifen time. Dr lAurphy said that number should be.
between 6 and 8 cars.
Jack SmyYe -vas recognized to relliev, the techincal aspects of I%APDs
and stated that they would be happy with the ability to service 8
cars.
M I-Aarphy moved that this L"sue be tabled till November 10 at 6-30
pm to allow for more revie-w and thought.
Page seconded
Unany'r[LOUS
1 TEM 8: The• proposed arriendment to establish spec' 1 standard.s and exempt
U
from subdivision water and sewer pump stations was presented by
Rose.
Rig,sbee reviewed. the Planning Director's analysis -and. said. that a
difference should be -placed on above and below ground systems. She.
has Made additions to the text of the aritendment to correct this
oversight. David Cain, Town Engnileer., reviewed the. amendment as
rev'rittert and approved of it..
Page moved to recommend adoption of the amendment as revised.
Evans seconded
unallIMOUS
T rr T" T Ir ich spi es -, LL
he u -ndment to 'increase the height laidtatin on C u If .11
their ornarrientation was presented and Rigs bee reviewed. the
Planning Director's analysis. She said tie q-Liestinn " can churches be
treated differently from other buildings" vras researched and Rich
Ducker from the. Institute of Government said he saw no problem
with the aruendment.
Page• moved to recommend the denial of tie amendment.
Dy Murphy seconded
UnalLIMOUS
I T E 1A 10: The. proposed amendment to establish third -alternate to be the
Planning Director for the. Historic District Commission was presented
by Rose.
R191sbee expressed concerns that if the. Planning Director moved
outside the. Historic District, then he-Ishe. could no longer be the third
alternate. Rigsbee also sail that this alternate would, only be used
when there 11-1 -a lack of a quorum
Rose said. that if you. -were -,:( member of any Commri%sicln or Board you
should always attend.
Plannirtg Board
11-3-88
page 6
Page moved to recommend the. adoption of the -amendment as written.
Crowther seconded
Unaniffloxis
I TENI II: The .R.men,3.ment to allov, riddity6nal time. tri underpin 8. mobile home in
hardship cases with a signed agreement was presented. by Rose.
Cole cited hardship cases of a limited number of available
underpinning supplies and shipment problems.
Rose ;asked if there was A. rfoaxIM-urrL time limit for compliance and
what possible penalties could be. used for not complying. RVbee said.
that Rich Ducker advised that the phrase "with conditions set forth by
the Zorimig Officer." be elirrimiated. Also she. said that the possible
penalties were being lookedinto as well ". time limits.
Rose cited older examples of non-complilince for underpirtning. He
expressed the desire for strong guarantees of compliance..
Crowther asked if we could set a. per day penalty. Rigsbee said that
$10 a. day had been discussed. Rose said the time. 11irldt should be
within sL'vty days.
Page asked what type of collection method will be used. Rigsbee sail
tint a special file would be kept and. collection of penalties may be
through civil suits. Page asked if the town attorney is not used then
what can be done.
Elpans said that the tirrLe limit should be 60 days or bring In 13.
statement of why it has not been completed. Possible extenthiM with
reasons could be considered. Dr. h4u:rphy said the issue could be
reviewed after 60 days by the Town.
Rose said that the. penalties should be $10 a day plus attorney fees,
if incurred. An applicant Could ask for adjustment from the. Board if
there. are, problems. Rose. also said that he thinks that mobile home
salespersons should attempt to tell customers about anderpmirang.
Rose moves to table this issue till the November '10 special meeting
for some rewording of the amendment and, disc-assixin.
Cole Seconded.
U rL a n L'TIL 0 11 s
T TT7M 1 Y:
L� F;L4-L-,i'A re'11'e"IV of the Hillsborough �,,roslsing 'Seubdivision was Presented
and by Rigsbee. Rigsbee reviewed the requirements for
final approval with conditkins of this subdivLsilln.
Planning Board
11-3-88
page 7
Jack Sriqre said that many of the. ittrnr- left to be completed were
hard to have finished at this time. He said that the developers were
paying for the Town Attorney's time as lie reviews all documents.
He also waived the. 36 day requirement and expressed. knowledge
that it was an unspecified tnue frame. Rigsbee asked. if tie Planning
Board reviews this, that the docurnents must be filed in 6 months.
Smyre. agreed and said they intend to do this.
Rigsbee said that the Board could. approve with conditions and Rose
would s1grL when everything is finished. Rigsbee said that Fire Chief
approval, signs., fees in lieu, collection of fees, docurcients had to be
reiriewed, by Town Attorney, addition of abandonment of Old
Murdock, and all deeds filed were still needed to be completed. Also
she said the -it chose not to have recreation space and pay the fees in
lieu M' stead.
RTsbee asked Susan Whaley where the stumps on the. site were
going. WILaley said that the stumps were. being buried on site and
would not be removed. from the site..
Dy k4u.-phy moved for the recommendatkin with conditions as noted of
the final plan.
Crovither seconded
UnanirfloU, s
Whaley present the Board with a. press rel-aese of BTR Realty on the
Hillsborough Crossing businesses coming. She also invited all
ruembers of the. Baord to the ground breaking at the job site.
November 111.
Crowther moved for the approval of the Joint Public Hearing I&—Lutes
of October '2'5,1988 as amended.
Page seconded
Unanimous
Addity'JIL: All boaYd members present were. given the General Statutes for
Zoning, Subdivi-isl0r, arLd Regulatkins by Rigsbee..
ALAiti'on. sbee told the Board about a seminar on Trees on November 16 at
R' 19
pm M the Orange Rec. Depaxtraent.
Additinn: Rigsbee told the Board of her planned vaction from November 18-28.
Page. age. moved for adjournment of the meeting.
Cole. seconded
Unaminous. The meeting ended at 8:45 pl-
ecretary
Vance :spin
M
PLANNING BOARD
CONTINUATION OF NOVEMBER 3, 1988 MEETING
NOVEMBER 10, 1988
IBERS Bob Rose (Chair), Barbara Page, Cheshire Cole, William Crowther
PRESENT:
OTHERS: Grainger Barrett, Jack Smyre, Janet Rigsbee
ITEM #7: The text amendment regarding the number of gasoline pumps was
discussed and it was agreed that the new term, multi -product
dispensers (?4PD) should be used. It should be distinguished
that there are one-sided and double -sided MPD's. The number of
cars to be served at any one time should be addressed as that will
determine the scale of these operations. As kerosene pumps are
designed to serve a 5 gallon gas can and not a motor vehicle it
was agreed that it should not be included in the definition nor
in the maximum number of ?4PD count.
After discussion and much refining the Board agreed upon
recommending to the Town Board the following amendment:
The maximum number of multi -product dispensers (MPD) allowed
at a convenience store is:
(1) two (2) double -sided MPD's or four (4) single -sided MPD's
for a maximum service of four (4) motor vehicles within the
Historic District; or,
(2) four (4) double -sided MPD's or ei ht (8) single -sided ?4PD's
for a maximum service of eight (8 motor vehicles with a
maximum of two (2) canopy or island structures in the
remaining zoning districts.
ITEM #11: After discussion,the Board agreed that the Agreement Document would
be written and reviewed by the Board before its use. The terms of
Agreement Document will state the type and amount of penalty assessed,
the amount of time allowed for the extension, and other variable
measures as suggested by the Town Attorney.
There was concern on Page's part that mobile homes would not be
underpinned in a timely manner and the problems of the past would
surface again. Despite this opposition, the majority of the Board
agreed with the following amendment:
When undue hardship is present, a Temporary Certificate of
Occupancy may be issued to extend the time to -skirt a mobile home
and to remove or cover the towing apparatus and lights. The owner
of the mobile home must sign an Agreement Document which
acknowledges the penalty assessed for lack of compliance.
Extension of the Temporary Certificate of Occupancy may be
granted by the Planning Board.
Page moved to adjourn the meeting at 7:15PM.
Jan V. Rigsbee,, ecretary