HomeMy Public PortalAbout07-20-2017 Minutes BOC PB JPHJPH Minutes
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Minutes
Joint Public Hearing
Hillsborough Board of Commissioners and Planning Board
7 p.m. July 20, 2017
Town Barn, 101 E. Orange St.
Present: Mayor Tom Stevens and commissioners Mark Bell, Evelyn Lloyd, Brian Lowen and
Jenn Weaver. Planning Board Chair Dan Barker, Vice Chair Toby Vandemark, James
Czar, Lisa Frazier, Janie Morris, Doug Peterson, Jennifer Sykes and Chris Wehrman
Staff: Assistant Town Manager/Planning Director Margaret Hauth and Town Attorney Bob
Hornik
ITEM #1: Consideration of additions or changes to the agenda
Mayor Stevens called the meeting to order at 7 p.m. He encouraged those who wished to speak
to sign up. He explained that the Board of Commissioners has one item before the regular public
hearing.
ITEM #2: Town board item — Consideration of an ordinance amending the Code of
Ordinances to allow the service of alcoholic beverages beginning at 10 a.m. on Sundays
Mr. Hornik reviewed that the state legislature had adopted a law at the end of June which enables
local governments to authorize the sale of alcoholic beverages at licensed facilities at 10 a.m. on
Sundays. He said the board could choose this evening to not pass an ordinance, to pass an
ordinance allowing the sale of alcoholic beverages by all businesses with a license to do so, or to
pass an ordinance allowing the sale of alcoholic beverages only where alcohol could be
consumed on the premises. Mr. Hornik added that he had inadvertently left out “unfortified
wine” in preparing the draft ordinances.
Mayor Stevens said he realizes a lot of people have different opinions on this issue. He has
received notification from folks who would not like to see an expansion of alcohol sales or any
alcoholic beverages at all. He has heard from business owners who would like to see the
ordinance passed and who have pointed out that it would not be great for Hillsborough
businesses to not have the ability to make alcohol sales when Chapel Hill can.
Mr. Hornik added that the Town of Carrboro adopted an ordinance that allows both stores and
restaurants to sell alcohol. The Town of Chapel Hill adopted the sale of alcohol at 10 a.m. on
Sundays only where it could be consumed on the premises, and elected officials there may
reconsider all sales at 10 a.m. on Sunday in September.
Mayor Stevens asked if anyone had signed up to speak on this item.
Mick Carroll, a co-owner of Radius Pizzeria & Pub, addressed the board. Mr. Carroll said he
thinks it would be a good thing for restaurants to be able to sell a mimosa or light cocktail on a
Sunday morning. He said if potential customers read online reviews and see they could order a
cocktail at a Sunday brunch in Carrboro and Chapel Hill but not in Hillsborough, then they will
go there and not here. It’s good for Hillsborough for visitors and tourists to come here, he said.
Mr. Carroll added that there are strict laws which are enforced regarding the serving of alcoholic
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beverages. He assured the board that passing an ordinance to allow the sale of alcoholic
beverages at 10 a.m. on Sunday would not draw hardcore drinkers but rather those who may
want to order a mimosa or bloody mary with brunch.
No one else signed up to speak on this item.
Commissioner Weaver said she supports opting in with this ordinance and she is inclined to
allow all licensed vendors rather than restricting the sales to restaurants. She does not see a
strong rationale for allowing restaurants to make the sales and not convenience stores.
Commissioner Lloyd said she would vote only for restaurants.
Commissioner Lowen agreed with Commissioner Weaver. The state has forbidden any business
to serve on a Sunday before 10 a.m. It would be unfair that a restaurant could sell alcohol and a
store could not. He added that if a family is getting ready to go to the beach or lake and wanted
to load up a cooler for later in the day, it would create an unfair atmosphere if stores were
prohibited from the sales but restaurants were not. Commissioner Bell agreed, adding that if a
problem arose, the board could revisit the ordinance.
Mayor Stevens said his understanding is Chapel Hill’s decision to not initially allow alcohol
sales at 10 a.m. on Sundays in stores was because it is a college town. He added that
Hillsborough is family oriented and he didn’t think there would be a problem.
Commissioner Weaver said she has not personally received messages from people not wanting
the board to pass the ordinance, but she said she wants to express that alcohol is pervasive in
social events and not everyone is comfortable with it. She said she understands that, but it is an
additional two hours of sales. She said she does not think two hours is noteworthy to anyone but
our businesses.
MOTION: Commissioner Lowen moved to allow the sale of alcoholic beverages by all
licensed vendors at 10 a.m. on Sundays. Commissioner Bell seconded.
VOTE: Unanimous
ITEM #3: Open the public hearing
Mayor Stevens turned the gavel over to Planning Board Chairman Barker. Chairman Barker
opened the public hearing.
ITEM #4: Ordinance text amendments to the Flood Damage Prevention Ordinance to
reflect updated flood boundaries developed by FEMA
Ms. Hauth said the State and FEMA have updated the floodplain boundaries and municipalities
are being asked to update their ordinances to refer to the new maps. The public hearing is not
about the changes to the maps, although this may be the first owners are receiving notice of the
changes. The draft text changes are color coded and the text adds a lot of process and definitions.
It is primarily used to guide staff when a property owner wants to build an addition on a property
in the flood plain. It is not used very often. Ms. Hauth offered to go through the amended text in
as much or little detail as the board was interested in. She added that many of the text changes
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have little impact in Hillsborough because the town opted for a no development in the floodplain
ordinance in 2007. She added that much of the text is recommended, not required.
Chairman Barker asked if anyone in the audience wished to speak on this item. No one did.
Mr. Czar noted the text precludes the use of fill. He suggested that for roadways in the flood
plain, the text could be revised to allow the use of engineered fill for roadways. Ms. Hauth said
that she would research the possibility that because roads are allowed, perhaps the fill dirt needed
to build a road is allowed. She will bring that information to the Planning Board’s August
meeting.
Commissioner Weaver asked who the town’s flood plain administrator is. Ms. Hauth answered
Senior Planner Tom King.
Mayor Stevens reviewed that the text amendments would go to the Planning Board for review
and then to the Board of Commissioners for adoption the month following the Planning Board
recommendation.
MOTION: Commissioner Weaver moved to close the public hearing on this item. Ms. Sykes
seconded.
VOTE: Unanimous
ITEM #5: Rezoning and special use permit to rezone the parcel at 128 Brownville Ave.
from Residential 15 to Neighborhood Business Special Use. The application includes a
special use permit to convert the existing structure to artist studio space for the owner and
one apartment. The parcel number is 9864-56-4478.
Ms. Hauth reminded everyone that those who wish to speak on this item must be sworn in. Ms.
Hauth was sworn in.
Ms. Hauth reviewed that there is a structure at 128 Brownville Ave. that has been used as a
laundromat and most recently as a church. The owner wants to use it as an art studio and as an
apartment for lease. No changes are proposed to the outside. State building code might require a
paved handicap parking pad. The change in use would not trigger the landscaping ordinance.
There is some landscaping between the property and the surrounding parcels. Ms. Hauth reported
that she sent out notifications and did not receive any phone calls or questions.
Tom Rankin was sworn in. Mr. Rankin said he is a filmmaker and photographer and his wife is a
writer. The building looks like a small concrete motel. They wish to convert it as a place to work
and have an apartment. There are no plans to change the exterior. He said they may plant some
trees in the front. He said he thinks it’s a great benefit for the community. He likes the idea of
creating a small apartment inside it. He said the roof needs some work. Otherwise, the building is
structurally sound. The windows need to be replaced.
Ms. Sykes asked what type of art would be created, thinking that metal working and pottery are
noisy. She also expressed concern about smoke or other emissions. Mr. Rankin said the artist
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would not have external impacts in the neighborhood and added he is not interested in this being
a walk-in studio.
Ann Hobgood was sworn in. She said she moved here two years ago and established a studio in
West Hillsborough. She said she wants to encourage more artists to be active in our town. She is
excited to see more people get involved in the community.
Mayor Stevens said for the record that this is a property has been used commercially although it
is zoned residential. This, in many ways, would bring it into proper zoning, he said. Ms. Hauth
said she had found no reference that the property was ever zoned non-residential. The church has
been inactive for so long that it’s not grandfathered in as a use any longer.
Chairman Barker checked that the special use is tied to the uses Mr. Rankin proposed. Ms. Hauth
answered affirmatively.
Mr. Rankin added that the property is contiguous with the Village Diner and is located in a
neighborhood that has some businesses.
Mr. Hornik said because the request is a special use rezoning, any conditions would have to be
agreed to by the applicant. The board cannot impose conditions unless agreed to by the applicant.
MOTION: Mr. Czar moved to close the public hearing on this item. Ms. Vandemark
seconded.
VOTE: Unanimous
ITEM #6: Special use permit to (1) convert an existing house into a restaurant and add
a 2,000-square-foot, one-story addition to it; (2) construct a 6,000-square-foot, two-story
building for use as a restaurant; and (3) create off-street parking spaces. The properties
are located at 220, 240 and 300 U.S. 70 E. (PINs 9875-10-4533 and 9875-00-9537). The
master plan authorizing this use was approved in September 2015.
Ms. Hauth noted that speakers for this application needed to be sworn in. She states she was still
under oath from the previous item. (editor’s noted – many references are made by speakers to
“last year” when in fact the master plan application was processed in 2015). Ms. Hauth
reviewed that this property was previously discussed at a public hearing for rezoning and master
plan approval. The master plan was approved. Now the applicant is coming back for a special
use permit for Phase 1 of the project, which includes converting the large house on the property
to a restaurant with a 2,000-square-foot addition. The narrative lists this restaurant as a
chophouse. Also, Phase 1 includes building a 6,000-square-foot, two-story building adjacent to
the Walgreens property. The application was nearly complete except for stormwater reviews.
The board cannot grant waivers for the stormwater reviews, so the applicant has to comply. Ms.
Hauth said she feels reasonably comfortable that the board can move forward with this and can
close the hearing and place stormwater review as a condition.
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Ms. Hauth reviewed that there are several waiver requests. A handful are design standards that
are aimed to create an urban edge. The standards aren’t consistent with the applicant’s vision,
which involves viewing the property as a campus.
Ms. Hauth reviewed that notifications were mailed to neighboring property owners. Also, the
applicant has addressed staff comments. There is a memo regarding the traffic study.
Mayor Stevens asked about the sidewalk. Ms. Hauth said the town ordinance requires sidewalk
along the frontage. Walgreens has sidewalk along the front, but the applicant isn’t proposing to
make the connection because of topography. Staff thinks the applicant needs to make the
connection. The property is not in the town limits so the town cannot make the connection.
Ron Spada was sworn in. Mr. Spada owns the Gatewood property with his wife. He shared a
slide presentation that included a photograph of the mature trees as his reason for not wanting to
create an urban edge. Mr. Spada reviewed the master plan was for a restaurant, distillery,
provisions counter and event space with a total of 400 parking spaces. He said he is now
proposing 140 parking spaces, has eliminated the distillery and combined the provisions building
with a brewery. The provisions/brewery building would be two stories but the topography drops
off, so guests would walk in from ground level and then walk downstairs to the brewery, which
would have a patio. He also mentioned that he has been a chef for 34 years and he thinks this
part of town needs a restaurant.
Jamie Loyack, a licensed landscape architect with HagerSmith Design, was sworn in.
Mr. Loyack reviewed that Phase 1 is on the east side of the property with about 80 parking
spaces. Phase 2 is on the west side next to Walgreens with 60 parking spaces proposed. He said
that 52 percent of tree canopy would stay intact. He said they would comply with stormwater
quality requirements, including nutrient treatment. He said the total built-on area would be 13
percent of the land; the approved master plan was for 35 percent built out.
Mr. Loyack said there is an extensive trail network and they would like for people to walk
around the property to enjoy it. He said the reason the applicant is not proposing to connect to
the Walgreens sidewalk is that the sidewalk in front of Walgreens stops about 20 feet short of the
shared property line and the drop is about 15 feet to Mr. Spada’s property. He said it is a safety
and accessibility issue and they don’t want it to be a safety hazard. It is truly challenging at this
point, he said. He said his team doesn’t have the right answer without getting other people
involved. He said Public Space Manager Stephanie Trueblood had suggested switchbacks to
them, and it’s not what his team wants to provide. He said they will have a response to that.
Mr. Loyack said they will meet the North Carolina Department of Transportation requirements
and the stormwater requirements. He said he has a letter from the civil engineer to submit.
Mr. Loyack reviewed that he is requesting a number of waivers. The first two are related to
buffers; one is to have a 40-foot buffer with the adjacent Walgreens property rather than the
required 60 feet; and another is to disturb the buffer during construction by about 10 percent,
which will be replanted with vegetation.
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Waivers 3 to 9 are all related to the orientation of the building, with the ordinance requiring new
construction to be closer to the road with the main door oriented to the road. Mr. Loyack said the
applicant wants to have a relationship with the existing building and the landscape, creating a
nice atmosphere inside the campus. Mr. Spada’s team wants to create an experience unique to
Hillsborough. Mr. Loyack said waivers 10 and 11 are regarding the driveway connection and
widening the existing driveway.
He noted Waiver 12 is regarding the sharp cut-off light fixtures because the team wants to have
exposed bulbs close to the restaurant and they don’t want to have the parking lot as bright as
required in order to create ambiance.
Mike Konar, the architect, was sworn in. Mr. Konar showed the design of the proposed
Gatewood House Restaurant, which is a renovation of the main house on the property with a
2,000-square-foot addition and 60 parking spaces. He said the philosophy on the design is to
accentuate Dr. Gatewood’s former house. The extension would be where the garage is for the
purpose of building the kitchen. He said the rooms of the house would be separate dining rooms.
A bar section would be built in the back.
The new building, the Provision Restaurant, is designed to be a more casual restaurant on the top
level and would have the brewery and an event space on the bottom level, Mr. Konar said. The
plan is to open the patio at the bottom out to the pond. He said regarding the exposed bulbs,
we’re talking like string lights, simple low-light, yellow-tone exposed bulbs. For safety, the light
level is not at your eye level but on the ground. The idea is to illuminate the pathway with lights
along the pathway.
Mr. Spada said he had spoken with his neighbors, Judy and Nigel Nicholson, who came to the
last public hearing on this project to speak in favor of it. They could not be present this evening,
but Mr. Spada reported that he still had their support.
Commissioner Lloyd said at the last hearing, she asked about lunch. She wanted to know what
Mr. Spada would be serving for lunch. Mr. Spada answered the first restaurant would serve
dinner only. Commissioner Lloyd asked about the menu in the Provisions Restaurant. Mr. Spada
answered he plans to offer smoked meats, salad, and fresh, local produce.
Ms. Sykes asked if Mr. Spada would allow people to run on the trails through his property, even
during hours that the businesses are closed. Mr. Spada answered a school cross-country team
does and has for quite some time. He also noted that there is a paved trail connection almost
directly across U.S. 70 at Corbin Creek Woods and he would support the Department of
Transportation putting a crosswalk across U.S. 70 for pedestrians to use that connection. When
asked, Mr. Spada said he didn’t think he wanted to have lighting in the back of his property. Ms.
Sykes said she was concerned that without proper lighting he could be liable if someone tripped.
Mr. Konar said he is interested in trails and encouraging run clubs.
Commissioner Lowen asked if they would eventually ask to be annexed. Mr. Spada said
absolutely, eventually.
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Mayor Stevens said he’s been excited about this project and the board wants to see every part of
the town prosper. He said the waivers about the way the property looks makes sense because
they are doing something with a very special property.
Mr. Spada said he received a call from the people who just bought the Walgreens property and
they were enthusiastic. Mayor Stevens said it would be hard to over-emphasize the connectivity.
We’re open to creative ways of looking at that, but the sidewalk connection to the Walgreens
sidewalk is almost a must-do, he said. Mr. Loyack said it’s a challenge. The Gatewood driveway
is 130 to 140 feet away from the Walgreens sidewalk At best, we’re 13 percent slope right there.
It’s not ideal or safe. He’d like to talk with staff about other possibilities, like building a
connection later if the Department of Transportation widens U.S. 70. Mayor Stevens said these
conversations can only happen at a public hearing. He is hearing from the applicant’s team that
connectivity is important and they are willing to work it out.
Chairman Barker said for next month’s Planning Board meeting, the applicant will need to have
a sidewalk connection proposal. He asked the applicant for options so that the Planning Board
has heard them before next month.
Mr. Loyack said first he would like to know whether there is a sidewalk planned for the south
side of U.S. 70. And if there is a widening, is there a way to redo it so that the Walgreens
sidewalk is decommissioned for a sidewalk on grade. He said he can look at routing the
Gatewood property sidewalk around a contour, but that would still be challenging and it would
look strange. He also asked the boards whether a switchback would be their idea of connectivity.
Mayor Stevens said the applicant could build stairs and a switchback. Mayor Stevens added that
the town cannot wait for the Department of Transportation to widen U.S. 70 because that project
is too many years away. Staff can help with a specific proposal. There will be standards.
Commissioner Weaver said she echoes that connectivity is important. She said she gets a lot of
the waivers, but it would not be appealing to have the western parking lot border the sidewalk
and not the trees. Chairman Barker said with the appropriate paperwork, nothing says the
sidewalk has to be along the road.
Mr. Czar asked if the applicant’s team has reached out to Walgreens. Mr. Loyack said they have
not yet. Chairman Barker said there was no one signed up to speak on this issue and asked if
there was anyone in the audience wishing to speak to this item. There was not.
MOTION: Ms. Sykes moved to close the public hearing on this item. Ms. Frazier seconded.
VOTE: Unanimous
ITEM #7: Unified Development Ordinance text amendments to amend the criteria for
determining modifications to conditional use and special use permits in sections 3.8.21 and
3.9.13
Ms. Hauth reviewed that these criteria give staff guidance on whether a slight change is close
enough to what was approved or whether it actually is a modification to the conditional use or
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special use permit. Also, this provides guidance on whether a modification needs to go to public
hearing.
Ms. Hauth addressed the latter first. She pointed out that modifications to a conditional use
permit that require a public hearing are not as much of a problem because the Board of
Adjustment meets monthly and can hold public hearings on those modifications monthly.
However, a modification to a special use permit causes greater time delays because public
hearings for those are held quarterly and the agenda fills up. A minor change that was due to
engineering or a Department of Transportation condition or something in the building code could
delay a project for several months.
Ms. Hauth said she is suggesting language that makes it clear that not every modification
requires a public hearing. Some are beyond what staff should approve but warrant board
approval and not a public hearing. She added that by no means does she want to cut the public
out. Also, anything requiring a waiver would warrant a public hearing.
Mr. Hornik asked Ms. Hauth whether she meant to use the word “may” on the bottom of Page 66
in the agenda packet when stating that the Board of Commissioners “may” call another public
hearing instead of “shall.” Ms. Hauth answered affirmatively that she was trying to leave the
board discretion by using “may.”
Mayor Stevens said the change is to leave it to the board’s discretion to eliminate mandatory
public hearings when it doesn’t make sense to hold them. Mr. Hornik suggested that “shall” is
the appropriate word because the statement is saying if the Board of Commissioners finds the
modifications substantial or there are requests for waivers from the Unified Development
Ordinance, a public hearing would be mandatory (if the word “shall” is used.)
Mr. Czar noted that waivers require a public hearing, but some waivers are nearly a pro forma,
such as waiving the requirement to pervious parking spaces if the applicant exceeds a certain
amount of parking.
Ms. Hauth explained that the change in Section 3.8.21 is changing the 10-percent change
threshold to a 20-percent change threshold in determining whether a change is minor or a
modification. Commissioner Bell said it is consistently appropriate to have a tiered list and ask
the board when in doubt. Ms. Hauth said staff should not have too much discretion.
Chairman Barker asked whether anyone in the audience wanted to speak to this.
MOTION: Ms. Sykes moved to close the public hearing on this item. Mr. Peterson seconded.
VOTE: Unanimous
ITEM #8: Unified Development Ordinance text amendments to amend Section 9.1.4,
gross residential density measurement
Ms. Hauth said this was a mistake in the ordinance that came to her attention when another city
using Hillsborough’s ordinance called to ask how this would be interpreted. The proposed
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change is to use the words “dwelling unit yield” instead of “gross residential density
measurement” because that is what the calculation is for. There were no questions or concerns.
MOTION: Commissioner Weaver moved to close the public hearing on this item.
Commissioner Lowen seconded.
VOTE: Unanimous
ITEM #9: Unified Development Ordinance text amendments to amend Section 6.11.6.1
to reference the maximum light pole height of 25 feet.
Ms. Hauth reviewed that most property owners contract with Duke Energy and ask the town for
a waiver for height of poles because the Duke Energy standard is a 25-foot pole. This is a waiver
request commonly approved by the town boards.
Chairman Barker checked with Ms. Hauth that 25 feet is the actual height of the poles provided
by Duke Energy. Ms. Hauth answered affirmatively that it is the height that everyone requests
after consulting with Duke Energy.
Commissioner Weaver said she has an aversion to amending our development standards to
accommodate Duke Energy preferences.
MOTION: Ms. Morris moved to close the public hearing on this item. Mr. Wehrman
seconded.
VOTE: Unanimous
ITEM #10: Adjourn
MOTION: Commissioner Lowen moved to adjourn at 8:44 p.m. Commissioner Bell
seconded.
VOTE: Unanimous
Respectfully submitted,
Margaret A. Hauth
Secretary