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HomeMy Public PortalAbout08-22-2018 Minutes HDC Special MeetingPage 1 of 5 Minutes Historic District Commission Special Workshop 9 a.m. Aug. 22, 2018 Financial Services Conference Room, 105 E. Corbin St. Present: Chair Reid Highley, Candice Cobb, Max Dowdle, Joe Griffin, Jill Heilman, Laura Simmons and Virginia Smith Staff: Economic Development Planner Shannan Campbell, Public Information Specialist Cheryl Sadgrove, Planner Justin Snyder and Public Space Manager Stephanie Trueblood Guests: None Item 1: Call to order, roll call, and confirmation of quorum Chair Reid Highley called the meeting to order at 9:02 a.m. Planner Justin Snyder called the roll and confirmed the presence of a quorum. Item 2: Reading of the commission’s mission statement Highley read the commission’s mission statement. Item 3: Adjustments to the agenda Planner Justin Snyder added an Item E regarding a project at 221 W. Margaret Lane to satisfy a previous condition of approval. Item 4: Minutes review and approval There was none. Item 5: Old business A. There was none. Item 6: New business A. Discussion on sidewalk dining approval procedures 1. Introduction to the current ordinance by Shannan Campbell and Stephanie Trueblood 2. Discussion of current review process 3. Discussion of proposed review process (easily movable vs. constructed furniture) 4. Major components of the guidelines the town board should consider at its September meeting Economic Planner Shannan Campbell shared a presentation she had recently made to the Hillsborough Board of Commissioners. She shared photographs showing pre-construction conditions and others showing post- construction sidewalk and outside dining conditions. Campbell said businesses and the town were interested in gaining additional revenue through sidewalk dining. Campbell reviewed that the common problems sidewalk dining generates are people congregating, furniture migrating into the pedestrian pathway, and alcohol being carried away from the business where it was purchased. The most common solution to those problems is to create a delineation. She noted that North Churton and West King streets are state roads and, therefore, the rules of the North Carolina Department of Transportation apply. Page 2 of 5 Public Space Manager Stephanie Trueblood explained that NCDOT does not allow sidewalk dining within 6 feet of the road. The Americans with Disabilities Act requires a 4-foot pathway. Campbell said tweaks were made after the first outdoor dining barriers were installed. The barrier for the Wooden Nickel Public House extended too far out at the curve and has been corrected. Also, the town can help alleviate congestion, such as by moving trash cans to where the walking path is less obstructed. Campbell said the last collage of photos shows outdoor dining from around the country that meet the material requirements of the Hillsborough Historic District Guidelines. She wants to be sure to offer barrier options that give business owners a range of price points and styles. Campbell reviewed photographs of current pinch points, such as between the Panciuto restaurant barrier and the black railing that runs along the top of a low historic stone wall. Campbell said Trueblood is working with NCDOT to reduce the length of the railing. Trueblood said the commission would be reviewing an application in September related to this. Campbell noted that some businesses located behind the railing are not happy that the long stretch of railing is there. She noted that there could be some flexibility in the sidewalk seating and barrier. For instance, if the furniture is bolted down, then perhaps the barrier does not need to be as strong. Also, there could be language to require breaks or opacity in the barrier. Campbell noted that moveable outdoor furniture is exempt from commission review and that the barriers are not really fences. She added that the Board of Commissioners does not want each outdoor dining barrier to undergo a full Historic District Commission review because that would be more onerous for businesses. Snyder read the Minors Works specifications regarding these barriers, specifically that they cannot be over 4 feet tall. Trueblood asked if that was written after the barrier at the Wooden Nickel was approved. Snyder answered that it was approved in May 2018. Trueblood asked if that barrier came for a Certificate of Appropriateness. Snyder answered that no portion was approved to be over 6 feet tall. Trueblood said some permits were already in process when the commission specified a 4-foot maximum height. Snyder said he believed the commission had been OK with the idea of the pub’s design but wanted the height kept at 4 feet for staff-level approval, which is why he brought it to them in May for review and approval, as their barrier height exceeded that threshold. Campbell reviewed that barriers are currently approvable up to 4 feet tall under Minor Works. Commission Member Virginia Smith thinks the language under Minor Works should be changed to require some transparency. She wants the restaurant barriers to be open like a railing and yet does not want to take away from people’s opportunity for self-expression. Smith said standing on the sidewalk in front of Eno Gallery and looking south, she thought there was a dead end at the end of the railing that tops the stone wall due to the current dining barrier there even though she knew it couldn’t be. Trueblood asked whether it would be enough if the town code specifies space and transparency and if Snyder checks that the proposed barrier meets the requirements. Smith thought so. Heilman said she is concerned that some outdoor dining barriers could obscure the façade of historically significant buildings. Trueblood suggested writing a standard with the amount of transparency required written as a percentage. Simmons noted that the Panciuto barrier is planted with herbs which will grow 3 feet tall. It could have been planted with plants like sweet potato vine that would hang down rather than add to the height of the structure. Page 3 of 5 Campbell said she does not want to regulate or manage the type of plants in planters. Highley noted Panciuto has always taken care of the flowers in its window boxes. Commission Member Jill Heilman suggested considering a greenery landscaping requirement such as a hanging flower box. A greenery requirement may help soften a barrier, she added. Snyder asked if the concern about a barrier obscuring the architecture of a building is from a vehicle-oriented or pedestrian-oriented perspective. He noted that most people are over 3 feet tall, so the Panciuto barrier does not obscure visibility of the building. Smith said she never wants to see another solid barrier like that at Panciuto. Heilman said when standing on the lawn of the historic courthouse, the Panciuto barrier creates a black line all along the bottom of the building. She had the same experience as Smith regarding seeing a dead end when she was walking toward Panciuto from Eno Gallery. Commission Member Max Dowdle said visitors who see a barrier will go around, missing the businesses located behind the railing on the stone wall. Trueblood said any changes to the ordinance will likely not be retroactive. She added that if Campbell and Snyder are more comfortable with a spacing requirement instead of a percentage of transparency, that’s fine. If an application is submitted that doesn’t meet that standard, then it comes before the commission for review. Dowdle suggested requiring more than 50 percent transparency. Trueblood looked up the Unified Development Ordinance design standards for new construction and read that the minimum is 50 percent transparency on the ground floor. When a comment was made about planters, Campbell noted that planters may be more appropriate as a sidewalk dining barrier for one kind of business over another. For instance, Cup-A-Joe is not open late at night and does not serve alcohol, so planters suffice. Commission members Laura Simmons and Joe Griffin said the shelf built into the barrier of The Wooden Nickel Public House is facing outward. This causes a problem with people congregating on the sidewalk because they stop on the sidewalk to chat with those inside the barrier who are facing them. The shelf also creates a situation where anyone walking down the sidewalk reaches this point and sees a beer on a shelf right at the sidewalk. Campbell said the owner of The Nickel is aware this is a problem. Griffin pointed out that the code states that merchandise sales cannot be displayed for more than three days. Campbell said that this has been updated and that the version of the ordinance currently available online is outdated. When it was noted that there is a lot of standing room inside the barrier for The Wooden Nickel, Campbell said the pub has ordered more furniture. Trueblood noted that as of this meeting, only two permits had been issued for sidewalk dining; those were for Panciuto and The Wooden Nickel. Everything else existing is non-permitted. Heilman asked how the commission can support the town and whether anything be done about Panciuto’s barrier. Trueblood said she’ll bring changes before the commission in September — not to the Panciuto barrier but to the railing located near Panciuto. Trueblood said people who like the sidewalk changes tend to tell staff and elected officials in person that they like what they are seeing. Those who don’t like the changes tend to go online to say they don’t like them rather than saying anything in person. She added that people are entitled to their opinions. Page 4 of 5 Simmons said people blame the commission for the barriers. Trueblood said people think the commission operates like a homeowner’s association, and it does not. When the commission has a sign application, it has jurisdiction over the materials and dimensions and how it attaches to the building, but it does not have jurisdiction over the content. When reviewing the suggestions of transparency and greenery, Trueblood cautioned against requiring planters because a business has to be willing to maintain them. Campbell suggested noting that the town should encourage greenery rather than requiring plants. Simmons asked about smoking on the sidewalks. Campbell said people can smoke anywhere outside. Orange County is not enforcing its “no smoking” ordinance, and the Hillsborough Board of Commissioners has not created a “no smoking” ordinance. Regarding the alley by The Wooden Nickel, Campbell said the town has a 4-foot easement, but she believes the pub plans to give the town an extra foot to meet the five-foot ADA clearance requirements. Simmons checked if people can place fake flowers in planters. Campbell said it has not come up. Highley summarized that the commission is requesting for barriers a minimum of 50 percent transparency, a height between 3 and 4 feet, and an encouragement to preserve as much visibility of the front of the façade as possible and to include greenery when possible. B. Review and adoption of proposed changes to Minor Works The commission reviewed the proposed changes, and Snyder noted where there was consensus to make additional amendments to the proposed changes. Motion: Heilman moved to approve the amended Minor Works including changes made during the meeting. Simmons seconded. Vote: 7-0 C. Review and adoption of proposed changes to Rules of Procedure The commission reviewed the proposed changes, highlighted in the agenda packet. The commission suggested slight changes to some of the language, noted by Snyder. Some board members expressed a desire to set time limits for speakers at public hearings, perhaps adding language to the public charge to make people aware that time limits may be set. Motion: Cobb moved to approve as amended. Heilman seconded. Vote: Unanimous D. Review and updates to Materials Matrix The board reviewed updates to the matrix and suggested changes, noted by Snyder. Motion: Dowdle moved to approve as amended. Simmons seconded. Vote: Unanimous E. Added item: Approval of Plan to Satisfy Condition Placed by the Historic District Commission on 221 W. Margaret Lane Snyder said the applicant wished to replace the existing brick stoop in kind. When asked if this would be the final design for the stoop, Snyder said he did not believe it would be, but rather that this was simply to satisfy the Page 5 of 5 condition placed upon them by the HDC for removal of the stoop, and that he expected plans for a complete renovation of the home’s exterior soon. Motion: Simmons moved to approve as submitted. Smith seconded. Vote: 7-0 Item 7: Updates There was none. Item 8: Adjournment Motion: Simmons moved to adjourn at 12:05 p.m. Dowdle seconded. Vote: 7-0