File #: MIN-03:054    Version: 1 Name:
Type: Minutes Status: Passed
File created: 11/11/2003 In control: Metropolitan Area Planning Commission
On agenda: Final action: 12/9/2003
Title: Minutes for the MAPC meeting on November 11, 2003.
Related files: ORD-03:353, ORD-03:354

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Minutes for the MAPC meeting on November 11, 2003.

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Metropolitan Area Planning Commission Minutes, November 11, 2003

 

MEMBERS PRESENT: Beadles, Damron, Gott, Krennerich, G, Johnson, Day, M. Johnson, Moore (present for items 3, 4 & 5), Krennerich (present for items 2,3,4 & 5)

 

MEMBERS ABSENT: Vance

 

The minutes of the October 14, 2003 meeting were approved as prepared on a motion by Gott, second by G. Johnson and unanimous vote.

 

#1  CU03-13  Charles R. Hannah, Joan Hannah and Dyeann’s House, Inc. requests approval of a conditional use to have a group residential facility in the R-2 Multi-Family Low Density District.  The address of the property is 1214 Flint Street and the general location of the property is on the northeast corner of Flint Street and Poplar Avenue. 

 

Scott Rennels, interim president of Dyeann’s House stated that this is a residential support facility that will primarily care for children whose parents or guardian may be seriously or terminally ill.  They will also provide counseling for the children as well.

 

No opposition was expressed from any in attendance.

 

Glenn Batten, City Planner, stated that from the plat of survey that has been furnished, there will be no physical changes made to the property.  Ample parking is available to meet the current needs.  If additional parking is needed in the future there is sufficient room for expansion.  Mr. Batten stated that this would be an asset to the community and should have no negative impacts on the area and approval was recommended.

 

A motion to approve the conditional use was made by Mr. Day and seconded by Mr. Damron.  Voting was 5 in favor, 0 opposed.  Those voting aye were Damron, Gott, G. Johnson, Day, M. Johnson.  MOTION CARRIED, REQUEST APPROVED.

 

#2 CU03-14  Tommy Glover requests approval of a conditional use to place an emergency housing unit on the property at 3021 Glover Road as a medical hardship for Irene Glover.  The general location of the property is on the south side of Glover Road, west of Harrisburg Road.

 

Mr. Glover stated that his mother is 85 years old and has some health problems and she needs to be close so that he may care for her. 

 

City Planner, Glenn Batten, stated that there are three criteria that need to be mentioned one of which is the hardship for medical need has to be demonstrated and that is done so in the letter from Ms. Glover’s physician.  Secondly, the emergency housing must be manufactured housing or residential design manufactured housing and this is what is proposed for the site.  Mr. Batten further informed the commissioners of the section of the Zoning Ordinance that states that this type of conditional use expires at the end of one year.  At the end of one year, it can be renewed for another year for a total of two years.  At the end of the two years it would have to be brought back to the commission to be reconsidered.

 

A motion to approve the conditional use was made by Mr. Damron and seconded by Mr. Day.  Voting was 6 in favor, 0 opposed.  Those voting aye were Damron, Gott, Krennerich, G. Johnson, Day, M. Johnson.  MOTION CARRIED, REQUEST APPROVED.

 

#3   CP03-2  Conceptual layout of Chapel Hill Subdivision on Kellers Chapel Road, west of Southwest Drive.

 

Commissioners reviewed and made comments and suggestions but took no action on the conceptual plan.

 

#4  Discussion of a proposed amendment to the Zoning Ordinance establishing standards for the location, development,  construction, and maintenance of Off-Premise Outdoor Advertising Signs (Billboards).

 

City Planner, Glenn Batten, reviewed the changes that were recommended at the MAPC work session on November 6, 2003.  Those recommended changes were:

 

1.  Covering for a blank sign - it was recommended to state that when a sign is not displaying an advertising copy it shall be covered with white sign paper or other material.  The only printed message that may be displayed is, “this sign for rent”. 

2.  Temporary mobile signs, the following language was recommended, “temporary, mobile, off-premise signs shall not be permitted except for those announcing bonafide charity or civic events sponsored by 501 C organizations.  Maximum display time for a particular purpose is 30 days, twice a year.

3.  Regarding size of signs, it was recommended that each facing side shall not exceed 720 square feet, down from 1,200 square feet

4.  Height of signs, it was suggested to have a minimum clearance of 15’ from the ground, up from 10’ original

5.  Spacing of signs, it was recommended to have a minimum spacing of 500’ between signs

6.  Setback requirements, it was recommended that the street side setbacks be 10’, side setbacks at 10’ and rear setbacks at 10’, additionally a sign must be 15’ away from a building with setbacks being measured from the frame of the sign

 

Strobe lights on signs were not discussed at the work session, but the City Planner recommended the following language to be added such that, “off-premise signs shall not contain or include moving, flashing or intermittent lights are prohibited.  It was later determined that this provision is already included in the ordinance.

 

There were also some typographical errors pointed out by Dr. Beadles that need to be corrected.

 

Mr. Krennerich suggested that on the street side setbacks that the signs should be set back at least as far as the buildings are required to be setback. 

 

There was discussion by some commissioners that some streets that are zoned C-3 are not appropriate for billboards and restrictions should apply.  There are so many signs in some places that you don’t see any of them.  A conditional use approach in all districts was suggested as being one form of control. 

 

Dr. Beadles recommended that the purpose section of the ordinance be changed to add the statement, “to maintain and enhance the visual environment and character and to preserve the rights of citizens to enjoy our town’s scenic beauty”. 

 

Mr. Day suggested that maybe the restrictions should be loosened up in some areas along major routes that are more appropriate and be more restrictive in other areas maybe related to size of signs, low traffic, high traffic, etc… Blanket zoning approval should not be given. 

 

Mr. Batten pointed out that this ordinance is an amendment to the Zoning Ordinance and all other parts of that ordinance are applicable. 

 

Motions were made with regard to several issues as follows:

 

Mr. Krennerich made a motion to set the street side setback at 25’.  Mr. Day seconded the motion.  Voting was 7 in favor, 0 opposed.  Those voting aye were Day, M. Johnson, Krennerich, Moore, Gott, Damron, G. Johnson, MOTION CARRIED.

 

Mr. Krennerich made a motion to set the rear setback at 25’.  Mr. G. Johnson seconded the motion.  Voting was 7 in favor, 0 opposed.  Those voting aye were Day, M. Johnson, Krennerich, Moore, Gott, Damron, G. Johnson, MOTION CARRIED.

 

Mr. Day made a motion to amend the size limitation to a maximum size of 1,200 square feet on the following four streets only:

 

Highland Drive (Hwy. 18), east of Commerce Drive only

Highway 63 inside the city limits

Highway 49 (Southwest Drive), south of the 63 Bypass

Highway 49 (Johnson Avenue), north of Highway 351 (Old Greensboro Road)

 

The motion was seconded by Mr. Krennerich.  Voting was 4 in favor, 3 opposed.  Those voting aye were Gott, Moore, Krennerich, Day.  Those voting no were G. Johnson, Damron, M. Johnson. Five votes required for passage, MOTION DISSAPPROVED.

 

Mr. Damron made a motion to amend the size limitation to a maximum size of 1,200 square feet on the following four streets only and with the condition that a site plan be submitted to the City Planner for review and approval prior to permitting: 

 

Highland Drive (Hwy. 18), east of Commerce Drive only

Highway 63 inside the city limits

Highway 49 (Southwest Drive), south of the 63 Bypass

Highway 49 (Johnson Avenue), north of Highway 351 (Old Greensboro Road)

 

The city planner may refer an application to the MAPC for approval if he is not comfortable with it.

 

The motion was seconded by Mr. Day.  Voting was 7 in favor, 0 opposed.  Those voting aye were Damron, Gott, Moore, Krennerich, G. Johnson, Day, M. Johnson.  MOTION CARRIED.

 

Mr. Damron made a motion to recommend approval of the ordinance to the city council with the following amendments:

 

1.  Adding the language stating that when a sign is not displaying an advertising copy it shall be covered with white sign paper or other material.  The only printed message that may be displayed is, “this sign for rent”. 

2.  Adding the language that temporary, mobile, off-premise signs shall not be permitted except for those announcing bonafide charity or civic events sponsored by 501 C organizations.  Maximum display time for a particular purpose is 30 days, twice a year. 

3.  Amending the size limitation to a maximum size of 1,200 square feet on the following four streets only and with the condition that a site plan be submitted to the City Planner for review and approval prior to permitting.  

Highland Drive (Hwy. 18), east of Commerce Drive only

Highway 63 inside the city limits

Highway 49 (Southwest Drive), south of the 63 Bypass

Highway 49 (Johnson Avenue), north of Highway 351 (Old Greensboro Road)

The city planner may refer an application to the MAPC for approval if he is not comfortable with it.

4.  The minimum clearance shall be 15’ from the bottom of the sign to the ground

5.  The minimum spacing shall be 500’ between signs

6. The street side setback shall be 25, side setbacks shall be 10’ and rear setbacks shall be 25’.  Setbacks shall be measured from the frame of the sign

7.  Adding the statement, “to maintain and enhance the visual environment and character and to preserve the rights of citizens to enjoy our town’s scenic beauty”. 

8.  Correction of typographical errors pointed out by Dr. Beadles

 

The motion was seconded by Mr. Day.  Voting was 7 in favor, 0 opposed.  Those voting aye were M. Johnson, Gott, Krennerich, G. Johnson, Day, Moore, Damron.  MOTION CARRIED.

 

#5  Discussion of a proposed amendment to the Zoning Ordinance establishing standards for the location ,development, construction, and maintenance of wireless communication facilities.

 

Glenn Batten, City Planner, stated that information was requested from several in the industry but only one company responded.  One of the main issues to be decided is the setback from property lines.  Another provision that needs consideration is that in the event of a structural failure, towers should be designed and certified by a structural engineer that they would fall straight down within a 50’ radius of the center of the tower and therefore he recommended to increase the setback from 30’ to 50’. Mr. Damron made a motion to recommend increasing the setback to 50’ from a property line.  The motion was seconded by Mr. G. Johnson.  Voting was 7 in favor, 0 opposed.  Those voting aye were Damron, M. Johnson, Gott, Krennerich, G. Johnson, Day, Moore.  MOTION CARRIED.

 

Minimum lot size was discussed but no action was taken on establishing a lot size.

 

Mr. Krennerich made a motion to recommend approval of the ordinance as amended to establish the minimum setback from all property lines at 50’.  The motion was seconded by Mr. Day.  Voting was 7 in favor, 0 opposed.  Those voting aye were M. Johnson, Gott, Krennerich, G. Johnson, Day, Moore, Damron.  MOTION CARRIED.