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HomeMy Public PortalAbout10-18-2018 Minutes PB JPHAssistant Town Manager/Planning Director Margaret Hauth 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9471 | margaret.hauth@hillsboroughnc.gov www.hillsboroughnc.gov | @HillsboroughGov Joint Public Hearing Minutes | 1 of 4 Minutes Joint Public Hearing Hillsborough Board of Commissioners and Planning Board 7 p.m. Oct. 18, 2018 Town Annex Board Meeting Room, 105 E. Orange St. Present: Board of Commissioners — Mayor Tom Stevens and commissioners Mark Bell, Kathleen Ferguson, Matt Hughes, Evelyn Lloyd, and Jenn Weaver Planning Board — Chair Dan Barker, James Czar, Lisa Frazier, Chris Johnston, Doug Peterson, Alyse Polly, Jeff Scott, and Toby Vandemark Staff: Planning Director Margaret Hauth, Town Attorney Bob Hornik and Public Information Specialist Cheryl Sadgrove 1. Call to order and confirmation of quorum Mayor Tom Stevens called the meeting to order at 7 p.m. 2. Agenda changes and approval There were no additions or changes. The agenda stood as presented. 3. Opening of the public hearing Stevens turned the gavel over to Planning Board Chair Dan Barker, who then opened the public hearing. 4. Rezoning requests A. Future Land Use Plan amendment and rezoning request from Orange County impacting approximately 4 acres on U.S. 70 West. This request facilitates a land swap between the county and the adjoining neighbor to make the resulting lots more rectangular. Approximately 2.977 acres rezoned to Economic Development District in March would be returned to Agricultural Residential (Rural Living Future Land Use Designation) and approximately 1.059 acres currently Agricultural Residential would be rezoned to Economic Development District (Suburban Office Future Land Use Designation). Planning Director Margaret Hauth summarized the request. She reported that both property owners are in agreement and that no one had signed up to speak on this item. Barker asked if there was anyone present who wished to speak regarding this item. No one did. Commissioner Kathleen Ferguson asked both property owners whether they were content with the land swap. There were nods from the audience. Joint Public Hearing Minutes | 2 of 4 Planning Board Member Chris Johnston asked if the parcels are the same size. Hauth said no but the details about the swap are between Orange County and the adjoining property owner. Motion: Ferguson moved to close the public hearing on this item. Commissioner Evelyn Lloyd seconded. Vote: Unanimous B. Future Land Use Plan amendment and rezoning request impacting 7.16 acres at the intersection of Valley Forge Road and N.C. 86 to change the land use from Retail Services to Light Industry and rezone from Limited Office and Entranceway Special Use to Economic Development District. Hauth said the rezoning would move the Leland Little Auctions property out of a Special Use District to Economic Development District. She noted it made sense for the parcels across N.C. 86 to stay designated for retail uses. Ferguson asked if this property could be impacted by the Orange Grove Road extension project. Hauth answered it was not likely because the alignment impacting these parcels is no longer under consideration by the state or town as viable. Motion: Ferguson moved to close the public hearing. Planning Board Member Toby Vandemark seconded. Vote: Unanimous 5. Text amendments to the Unified Development Ordinance: A. Section 6.15.3, 6.15.8, and 6.15.9 regulating how recreation fees in lieu and land dedications are reviewed and approved during the development process. Hauth reviewed these are amendments intended to slightly streamline the approval process for developers and staff. She said developers like the recreation point system and use it so there is not much for the Parks and Recreation Board to discuss when developers present their recreation plans. She noted that the amendment also clarifies that the entity approving the subdivision can approve the use of fees in lieu of recreation dedication. This saves referring conditional use subdivisions (approved by the Board of Adjustment) to the Board of Commissioners for the use of fees in lieu. Motion: Ferguson moved to close the public hearing. Commissioner Matt Hughes seconded. Vote: Unanimous B. Section 6 to remove Section 6.19, steep slope provisions Hauth reviewed that the intent of the language currently in the Unified Development Ordinance was to avoid the flattening of slopes in Hillsborough in hopes that developers would terrace and not move so much dirt. Staff thinks it is time to eliminate this language from Section 6 because so many waiver requests have been granted, the math has no justification, and the largest hilly parcel has already been approved for development. Stevens said it bears discussion and the public is not present to speak on this. Barker said it was introduced because some major grading had been done that had worried Hillsborough residents. He asked whether there are any undeveloped parcels left that are larger than 2 acres and have steep slopes. Hauth said there are in the Daniel Boone Village as well as about 12 acres with steep slopes on the south side of Interstate 85. Joint Public Hearing Minutes | 3 of 4 Planning Board Member James Czar said the impetus for getting rid of this language is that the lots coming before the Board of Adjustment are much smaller lots that are undevelopable without cutting into the steep slopes, which is why the waivers are always granted. Johnston said the question is: Do we keep the language for the bigger projects? Czar said if the board is not going to strike the language then it needs to come up with something other than a flat prohibition. There needs to be a mechanism for a dialogue about the grading of steep slopes. Barker explained this is the waiver that frequently triggers a review by the Board of Adjustment. When an applicant has to go to the Board of Adjustment to request this waiver, the applicant then requests approximately five other waivers. With the additional waiver requests, the Board of Adjustment ends up not focusing on the steep slopes waiver but rather the others requested. Czar said it is his opinion that this steep slopes requirement be struck from the ordinance. Commissioner Jenn Weaver and Ferguson wondered about the long-term impact of removing this steep slopes ordinance in, say, 75 years. Barker said the Unified Development Ordinance will hopefully have been replaced by then. Hauth agreed and said she appreciated the long-term perspective but thinks the Unified Development Ordinance will likely be very different in 25 years. Town Attorney Bob Hornik was asked whether he has seen this type of ordinance before and Hornik answered only in mountain communities. Motion: Ferguson moved to close the public hearing. Commission Matt Hughes seconded. Vote: Unanimous C. Section 5.1.7 to modify uses permitted in non-residential districts Hauth noted the changes are in yellow. She pointed out that another modification is to create two types of research facilities and that the Planning Board had not previously seen this language. She said the intent was to create two levels of research facility and to have a lesser facility that is fairly innocuous which can go in several districts separate from the type that would require a Special Use Permit. Motion: Czar moved to close the public hearing. Commissioner Mark Bell seconded. Vote: Unanimous 6. Adjournment of Board of Commissioners and convening of Planning Board business meeting Barker noted that all the public hearing items were closed, and he excused the Board of Commissioners. He then convened a Planning Board business meeting. 7. Recommendation to Board of Commissioners for item from July public hearing Hauth reviewed that an item on the July public hearing had been a one-sided alternative to sandwich boards which could be temporarily attached to outdoor dining delineators. She noted that she had waited to bring this item back to the Planning Board for discussion until after changes were finalized to the outdoor seating ordinance. Joint Public Hearing Minutes | 4 of 4 Hauth said that these one-sided signs would have to be removed from the sidewalk each night just as sandwich boards are. Czar said the Planning Board has discussed this option at previous meetings. Motion: Czar moved to recommend that the Board of Commissioners approve the additional language allowing these signs. Planning Board Member Doug Peterson seconded. Vote: Unanimous 8. Amend meeting calendar to cancel Dec. 20, 2018 meeting Motion: Czar moved to adopt the amended schedule. Planning Board Member Lisa Frazier seconded. Vote: Unanimous 9. Adjournment Motion: Johnston moved to adjourn at 7:47 p.m. Vote: Unanimous Respectfully submitted, Margaret A. Hauth Secretary