HomeMy Public PortalAbout11-24-2003 Workshop Session
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WORKSHOP MINUTES
IDLLSBOROUGH TOWN BOARD
November 24, 2003
7:30 PM, Town Barn
The Hillsborough Town Board held a monthly workshop on November 24, 2003 at 7:30 PM in
the Hillsborough Town Barn. Present for the Workshop were Mayor Joe Phelps,
Commissioners Frances Dancy, Michael Gering, Kenneth Chavious, Mark Sheridan, and Evelyn
Lloyd. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister,
Planning Director Margaret Hauth, Town Attorney Bob Hornik, and Assistant Town
Manager/Public Works Director Demetric Potts.
1. Open the Workshop
Mayor Joe Phelps called to order at 7:32 PM.
2. Recognition Honoring Retiring Board Members Kenneth Chavious & Mark Sheridan
Mayor Phelps presented retiring Commissioners Kenneth Chavious and Mark Sheridan with
Certificates of Thanks and gift certificates from the Town for their service.
3. Agenda Changes & Agenda Approval
. By consensus, the Board approved Agenda as presented.
4. Open Board Discussion, Updates, Committee Reports
Commissioner Dancy reported that Orange County Visitors Bureau Director Joe Black has
resigned.
Commissioner Dancy ,informed the Board that she has been named Triangle J Council of
Government's Representative on the NC Regional Forum.
5. Consideration of Approval of Minutes from the October 22, 2002 Joint Public
Hearing
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to approve the Minutes from the October 22, 2002 Joint Public Hearing as presented by
a vote of 5-0. The motion was declared passed.
6. Resolution on SUP for Corbin ton Commons
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Planning Director Margaret Hauth presented a Resolution formally denying the Special Use
Permit for Corbinton Commons and explained that the Board denied the request at the October
meeting; however, the record would be clearer with the adoption of the Resolution documenting
the reasons for denying the request.
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Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Resolution Denying the Application of EYC Company for a Special Use Permit by
a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part
of these official Minutes as an Attachment.
7. Resolution on SUP for Village at Meadowview
Planning Director Hauth presented a Resolution formally denying the Special Use Permit for
the Village at Meadowview. She again reminded the Board that they had also denied this
request in October, but requested they consider the Resolution for record clarity.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved
to approve the Resolution Denying the Application of the Village at Meadowview, LP for a
Special Use Permit by a vote of 5-0. The motion was declared passed. A copy of the
Resolution is hereby made a part of these official Minutes as an Attachment.
8. Consideration of Ordinance to Prohibit Manufacturing and Processing Operations
involving Petroleum Products
Planning Director Hauth presented the Ordinance for the Board's consideration. She explained
that this Ordinance is in response to the Planning Board's research following the moratorium
earlier this year. The text would prohibit all manufacturing and processing of petroleum
products within the town's planning jurisdiction. She also stated that the current draft, it
adopted, would also end the moratorium upon adoption.
Town Attorney Bob Hornik suggested approval of the Ordinance tonight with an effective date
and extension of the moratorium to March 1,2004.
Commissioner Gering stated that he feels it is only safe and prudent to handle the situation this
way to allow for further Zoning Ordinance amendments.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance amending Section 3.3 of the Zoning Ordinance as presented with an
amended effective date of March 1, 2004 by a vote of 5-0. The motion was declared passed. A
copy of the Ordinance is hereby made a part of these official Minutes as an Attachment.
9. Kenion Grove (Subdivision Plan & Water/Sewer Extension)
Planning Director Hauth presented the Subdivision Plan and Water/Sewer Extension for the
Board's consideration. She advised the Board that if the project is likely to be approved, the
Water/Sewer Extension Contract should be approved prior to project approval, to ensure that
utilities requirements are enforceable.
Hauth reported that the Planning Board reviewed the revised plans at their October 7th meeting.
They recommended approval of the revised plan by a 6-3 vote.
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The Developer's Attorney LeAnne Brown stated that they have tried to address the issues that
the Board had previously mentioned. (ie. Local builders, lighting, storm water pond
maintenance, access to Cornelius Street, width of the street [60 ft right of way], and the density
of the development.)
Tony Whitaker reviewed the recommendations provided by NCDOT for the Board and
explained which ones would apply to the proposed "right-in", "right-out" plan.
Commissioner Dancy reiterated her concerns with the safety of a "full-service" entrance.
Edna Ellis, Revere Road resident, expressed her concerns with the proposed "right-in"/"right-
out" plan. She requested that the Board consider the existing residents in the area.
Evelyn Poole-Kober, temporary Revere Road resident, expressed her concerns with the traffic
on Revere Road; and the traffic going in and out of the Orange County Offices which are
located right in the curve where this development's entrance is proposed.
Commissioner Lloyd stated that she would like to feel better about children having a place to
play, and worries about the effects this development may have on the existing residents on
Revere Road.
Commissioner Sheridan again stated that he is ambivalent about this development because it is
a lot of lots on a small piece of property with a small amount of buffer provided. He stated he
does not see this as a prototype for a "cluster development". He further stated that he would
like to see it as a full service entrance.
Commissioner Dancy stated that it is very clear to her that a full service entrance would be a
very dangerous situation.
Commissioner Gering stated that he feels that current Ordinance does not deal with many of the
concerns the Board has. He said would like to see a full service intersection as part of the plan.
Barbara Burger, Revere Road resident, addressed the Board and asked whether or not there has
been a systematic review of the flora on the property.
Commissioner Gering requested a "Full Service Entrance" straw poll of the Board Members
indicating whether or not they would be in favor of a "Full Service Entrance" or not:
Commissioner Dancy indicated: Yes, with a traffic light.
Commissioner Lloyd indicated: No.
Commissioner Sheridan indicated: Yes.
Commissioner Gering indicated: Yes.
Commissioner Chavious indicated: Yes, with a traffic light.
Mayor Phelps stated it he felt it could be made to work either way.
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Commissioner Sheridan requested an "Overall Appropriate Cluster Development" straw poll of
the Board:
Commissioner Gering indicated: No and stated that it is a miniature version of a traditional
development and is too dense.
Commissioner Sheridan indicated: No and stated that he remains ambivalent.
Archie White, Revere Road resident, stated that he doesn't understand why it is a problem to
get a stop light.
Attorney Brown stated that there are recent court cases where the court has ruled that having the
lots smaller, development denser, etc..... cannot be a basis for denial.
Town Attorney Hornik stated that he did not feel that either case mentioned exactly addresses
the issue the Town is currently dealing with.
By consensus, the Board tabled decision on this Item until the January 12th Regular Board
Meeting.
Mayor called brief recess.
Mayor reconvened meeting.
. 10. Courtesy Review Agreement
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Planning Director Margaret Hauth presented the Courtesy Review Agreement for the Board's
consideration. She noted that the most recent change to the document establishes a 90-day
period during which an approving jurisdiction will delay its decision to allow for a joint
meeting. Following the agreement, comments (including the request for a Joint Meeting) are to
be submitted before the Public Hearing is held. This allows the boards to announce that a
Public Hearing will remain open until a Joint Meeting is held. Holding the Hearing open helps
limit the need for additional advertising and notices for new or additional Public Hearings.
Commissioner Dancy noted that in Section 2.4.1 of the Agreement it needs to specify Orange
County Planning Board.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to approve the Courtesy Review Agreement as presented with an amendment to Section 2.4.1 to
specify Orange County Planning Board by a vote of 5-0. The motion was declared passed. A
copy of the Courtesy Agreement is hereby made a part of these official Minutes as an
Attachment.
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11. Discuss Protocol for December 1st Meeting and a Reminder that the Swearing In
Ceremony will take place at 7:00 PM
Commissioner Lloyd announced that she needed to be added to the swearing in on the December
1 st agenda.
12. Other
No other business was discussed.
13. Closed Session to Discuss a Personnel Matter
Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved
to go into Closed Session to discuss a personnel matter by a vote of 5-0. The motion was
declared passed.
14. Adjourn
Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by
Commissioner Lloyd, the Board moved to adjourn at 10:35 PM by a vote of 5-0. The motion
was declared passed.
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Donna F, Armbrister, CMC
Town Clerk
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AN ORDINANCE AMENDING SECTION 3.3 OF THE
TOWN OF lDLLSBOROUGH'S ZONING ORDINANCE
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS AS FOLLOWS:
Section 1. This ordinance amends Section 3.3 of the Town of Hillsborough Zoning
Ordinance to expressly prohibit the development and operation within the Town of Hillsborough
zoning jurisdiction of manufacturing and processing facilities involving the use of petroleum
products (such as, but not limited to, refineries for gasoline or other fuels, liquefied gas
refineries, asphalt plants, finished petroleum product plants, plants which manufacture asphalt
paving mixtures and blocks, asphalt shingles, and/or coating materials, and plants manufacturing
or processing petroleum lubricating oils and greases).
Section 2. This ordinance is adopted to promote and protect the health, safety and
welfare of the residents of the Town of Hillsborough, and it extraterritorial jurisdiction by
prohibiting certain uses which the Town Board of Commissioners deems to be detrimental to the
health, safety and welfare of the community.
Section 3. The Town of Hillsborough Zoning Ordinance, Section 3.3, is amended to
read as follows;
Section 3.3 Permitted and Prohibited Uses
Uses of land or structures which are not expressly listed in the Permitted Use Table,
Section 3.4, as Permitted Uses (with or without site plan approval) or Conditional Uses in a
district are prohibited and shall not be established in that district. Furthermore, manufacturing
and processing facilities involving the use of petroleum products, such as, but not limited to,
refineries for gasoline or other fuels, liquefied gas refineries, asphalt plants, finished petroleum
product plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles,
and/or coating materials, and plants manufacturing or processing petroleum lubricating oils and
....~Jease~. are expressdy /JJobibjJeo j.>> lJJe J'OJW of )l.i))J'w./"t)p<f'..b,.w;} jl erP<:9lc>.mICJ/7.,J>) 2t?a';a'€,
jurisdiction. This prohibition does not extend to gasoline service stations and/or other facilities
which dispense petroleum products or facilities which consume petroleum products as fuels to
operate other equipment.
Section 4.
This Ordinance shall become effective March 1, 2004.
The foregoing Ordinance, having been submitted to a vote, received the following vote
and was duly adopted this 24th day of November, 2003.
Ayes: 5
Noes: 0
Absent or Excused: 0
~~~c
Town Clerk
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TOWN OF IDLLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION
DENYING THE APPLICATION OF THE VILLAGE AT MEADOWVIEW. LP
FOR A SPECIAL USE PERMIT
WHEREAS the Applicant, The Village at Meadowview, L.P., applied to the
Town of Hillsborough for the rezoning of certain property from the AR and R-20 Zoning
Districts to the Mixed Residential Special Use District; and
WHEREAS the Town of Hillsborough Planning' Board and Board of
Commissioners have conducted public hearings on the application and have reviewed the
site plans, information and testimony presented both in favor of, and in opposition to, the
rezoning request; and,'
WHEREAS on October 13, 2003, the Town of Hillsborough Board of
Commissioners voted unanimously to deny the rezoning, and, therefore, the requested
rezoning was not effective.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF
HILLSBOROUGH BOARD OF COMMISSIONERS this J:L day of November, 2003
as follows:
1.
That the Applicant filed a Rezoning Request for the property which is the subject
of this action, the project title being "Village at Meadowview", seeking to rezone
the property from the A-R and R-20 Districts to the Mixed Residential Special
Use District.
2. That the request involved both a legislative decision whether to rezone the
property as requested, and a quasi-judicial decision whether to grant the special
use permit.
3. That a valid protest petition was timely filed with respect to the Rezoning Request
in accordance with North Carolina General Statutes Section 160A-385(a).
4. That the Rezoning Request was denied by a unanimous vote of the Town Board.
5. Based on all the foregoing, the proposed use of the property which is the subject
of the Rezoning Request is not in compliance with the general plans for the
physical development of the A-R and R-20 Districts as embodied in the Town of
Hillsborough Zoning Ordinance and Zoning Map, and therefore the proposed use
does not satisfy the requirements of Zoning Ordinance Section 4.3 (c) and (d).
6. Therefore, based on the foregoing, the Special Use Permit Application is denied.
WHEREFORE, upon a motion by Commissioner Dancy, seconded by
Commissioner Lloyd, the foregoing Resolution was put to a vote of the Town of
Hillsborough Board of Commissioners, the results of which vote are as follows:
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Ayes: 5
Noes: 0
Absent or Excused: 0
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Donna F. Armbrister, CMC
Town Clerk
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TOWN OF mLLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION
DENYING THE APPLICATION OF EYC COMPANY'S FOR A SP.ECIAL USE
PERMIT
WHEREAS the Applicant, EYC Company, applied to the Town of Hillsborough
for the rezoning of certain property from the R-20 Zoning District to the Mixed
Residential Special Use District; and
WHEREAS the Town of Hillsborough Plaiming Board and Board of
Commissioners have conducted public hearings on the application and have reviewed the
site plans, information and testimony presented both in favor of, and in opposition to, the
rezoning request; and
WHEREAS on October 13, 2003, the Town of Hillsborough Board of
Commissioners voted 3 to 2 in favor of the rezoning, but a protest petition had been filed
with the Town Clerk, which protest petition has been found to be valid. By operation of
law (North Carolina General Statutes ~ 160A-385(a)) the requested rezoning "shall not
become effective except by a favorable vote of three-fourths of all the members of
Board" of Commissioners; therefore, the requested rezoning was not effective.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF
HILLS BOROUGH BOARD OF COMMISSIONERS this di- day of November, 2003
as follows:
I . That the Applicant filed a Rezoning Request for the property which is the subject
of this action, the project title being "Corbinton Commons", seeking to rezone the
property from the R-20 District to the Mixed Residential Special Use District.
2. That the request involved both a legislative decision whether to rezone the
property as requested, and a quasi-judicial decision whether to grant the special
use permit.
3. That a valid protest petition was timely filed by adjoining property owners with
respect to the Rezoning Request. The owners signing the protest petition own
20% or more of the area of the lots immediately adjacent to the lot for which the
rezoning was sought, and extending 100 feet therefrom.
4. That, by operation of law (North Carolina General Statutes Section 160A-385(a)),
the 3 to 2 vote in favor of the rezoning was insufficient to effect an amendment to
the Town of Hillsborough Zoning Map for the property which was the subject of
the Rezoning Request.
5. Based on all the foregoing, the proposed use of the property which is the subject
of the Rezoning Request is not in compliance with the general plans for' the
physical development of the R-20 Zoning District as embodied in the Town of
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Hillsborough Zoning Ordinance and Zoning Map, and therefore does not meet the
requirement of Zoning Ordinance Section 4.3 (c) and (d).
6. Therefore, based on the foregoing, the Special Use Permit Application is denied.
WHEREFORE, upon a motion by Commissioner Gering, seconded by
Commissioner Lloyd, the foregoing Resolution was put to a vote of the Town of
Hillsborough Board of Commissioners, the results of which vote are as follows:
Ayes: 5
Noes: 0
Absent or Excused: 0
~J~~'CMC
Town Clerk
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