HomeMy Public PortalAbout01-17-2019 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 5
Minutes
Joint Public Hearing
Hillsborough Board of Commissioners and Planning Board
7 p.m. Jan. 17, 2019
Town Hall Annex Board Meeting Room, 105 E. Corbin 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, and Toby
Vandemark
Staff: Planning Director Margaret Hauth, Town Attorney Bob Hornik, Public Information Specialist Cheryl
Sadgrove, and Public Space Manager Stephanie Trueblood
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. Rezoning request from Mark Holt impacting 1.278 acres located at 611 N.C. 86 N. The request is to rezone the
property from R-10 (Residential) to NB (Neighborhood Business).
Planning Director Margaret Hauth reviewed the rezoning request. She said it has an existing single-family dwelling
on it. The owner is interested in locating a barbershop and hair salon in the house; any and all uses permitted in
Neighborhood Business zoning would be permissible there. Hauth asked if anyone was present to speak on behalf
of Mark Holt, noting he was not present. There was no one.
Hauth reviewed that some of the other uses would be those businesses that provide a personal service like nail
salons, tailors, and real estate offices.
Jeanette Vega addressed the board. She said she lives on the other side of Willowbend Drive. She thinks this
location is not a good place for a business because there is a blind hill at this driveway on N.C. 86. Also, she thinks
children who live on Willowbend Drive might wander to this property, located behind some of the houses, and
that might not be safe. She is also concerned that allowing one house to become a business could lead to the
commercialization of other houses near her.
Joint Public Hearing Minutes | 2 of 5
Daniel Rawlins addressed the board. Rawlins lives just north of this location on Governor Burke Road. He said he
supports Vega’s statements. His children are friends with the children in three families who live on Willowbend
Drive. He believes it is dangerous for cars to stop and turn into this house with the frequency that a business
would bring.
Pam Oakley, who has a house to the south of this property, addressed the board. She said five or six children live
in her house, and the family worries about traffic.
Planning Board Member Jenn Sykes asked for the approximate width of the green space buffer between the
neighborhood and property. Hauth estimated 25 feet.
Barker asked how a change in zoning would change the buffer requirement. Hauth said it would not change the
buffer requirement unless a business site redevelops adjacent to property zoned Residential-10.
Sykes checked that there are parking requirements for Neighborhood Business. Hauth said yes and the
requirements are based on the business use.
Commissioner Jenn Weaver asked if there are road improvements scheduled to be made in this section of
roadway. Hauth said the North Carolina Department of Transportation is considering making improvements from
the U.S. 70 bypass to the split of N.C. 57 and N.C. 86. Every now and then there is a request from people who live
north of Hillsborough to widen N.C. 86 all the way to Virginia, but the traffic counts do not warrant that
expansion.
Hauth confirmed that this property would be accessed off N.C. 86 and that Willowbend Drive is only accessed off
N.C. 57. Hauth indicated on a map that some homes on Willowbend Drive would back onto commercial property
on the other side of the buffer if this request was permitted.
Planning Board Member James Czar checked if the barber would have to put in a right turn. Hauth said NCDOT
would probably not require it.
Motion: Commissioner Kathleen Ferguson moved to close the public hearing on this item. Planning Board
Member Toby Vandemark seconded.
Vote: Unanimous
B. Rezoning request from Dwight M. Riley impacting approximately 0.55 acres at the northeast corner of Eno
Street and Barracks Road. The request is to rezone the property from Residential-20 to Residential-10.
Hauth reviewed that Eno Street is within the North Carolina Railroad’s right of way. A neighboring parcel was
recently rezoned to Residential-10. The main difference between the two zoning designations is the requirement
for a lot to be at least 10,000 square feet instead of 20,000. The setbacks are comparable but not exact. This lot is
large enough to be divided into two lots if rezoned.
Bobby Jones, surveyor of the property, addressed the board and offered to answer any questions. When asked
where the driveways would be located, Jones said the two driveways can both be located on Eno Street or the
corner lot’s driveway could be located on Barracks Road.
Arlo Brown, who lives on Murray Street, addressed the board. He spoke in opposition to rezoning the parcel. He
said Barracks Road is zoned Residential-20 and the rest of Eno Street is zoned Residential-15. His main opposition
is that creating more lots will increase traffic. He has young children who ride bikes on the street. There is no
sidewalk in this area, and there are no plans ever for sidewalks because of the railroad right of way. He said he
Joint Public Hearing Minutes | 3 of 5
knows the board supports infill. Brown said adding six houses to this area seems like plenty of density, and he
does not see the need to rezone to allow for a seventh new home. He also said the town could consider a denser
zoning years from now. There is no rush to rezone to a higher density now. He also said he would feel differently if
the request to rezone was for a Habitat for Humanity project rather than to increase a landowner’s profit.
Tom Porter, who lives at 241 Barracks Road, addressed the board. He said he and his wife live to the north of the
property and own a house on the other side of Doug Peterson’s property. Porter said that he does not oppose
building homes on this property. He said the notice that was mailed to them said up to four houses could be built.
He and his wife oppose four houses on the property but two seems reasonable.
Katie Porter brought forward the town notice that mentioned the possibility of four attached dwellings. Hauth
explained this parcel is not big enough to build four attached dwelling units, but the zoning would permit four
attached dwelling units if the parcel were large enough. She explained that accessory dwelling units are allowed
and are constrained to 800 square feet or half the size of the main house, whichever is smaller.
Hauth explained the setback requirements. Jones answered some questions about railroad right of way.
Lucy Wilson, who has lived at 1117 Eno St. for about 10 years, addressed the board. She is concerned that infill is
changing the character of the neighborhood. She is concerned that current residents will lose walkability. She said
there are five new houses being built and four are on Eno Street near her home.
Weaver asked Wilson to explain her walkability concerns. Wilson said she wants children and people walking dogs
to be able to walk in the street, day or night.
Chris Richmond, who also lives at 1117 Eno St., addressed the board. He is concerned that rezoning this parcel to
a higher density will lead to rezoning a nearby large vacant field to a greater density. He said the higher density
feels like cancer, like uncontrolled growth. He agreed with Brown that zoning to a higher density could be
appropriate years from now. He said the growth in Hillsborough is making the town feel crowded. He is concerned
about speeding drivers on Eno Street and construction traffic. He said the corner lot needs a safe setback from
Barracks Road because the road makes a blind curve. He also wants to be sure the view of tulip poplars is
preserved. He does not think two houses would safely fit. He does not think density brings affordability.
Bob Perera, who has owned property on South Street for 20 years, addressed the board. He said he did not want
the parcel rezoned to Residential-10.
When asked, Hauth clarified that the town cannot put a condition on the rezoning regarding the view of the tulip
poplars or the location of a house.
Motion: Planning Board Member Chris Johnston moved to close the public hearing. Planning Board Member
Lisa Frazier seconded.
When asked whether a traffic study has been conducted in this neighborhood, Hauth said trips were counted on
Eno Street about four years ago.
Tom Porter said he thinks a stop sign may be needed to slow traffic.
When asked, Town Attorney Bob Hornik confirmed that this public hearing item is not a quasi-judicial item and
can be discussed outside the meeting by those who will decide on the rezoning request. Hauth said a decision on
this item would likely be on the March regular meeting agenda of the Board of Commissioners. Commissioner
Evelyn Lloyd requested that the agenda packet for that meeting include a map with the names of those who
Joint Public Hearing Minutes | 4 of 5
spoke tonight on the map to help orient her to where they live in relationship to the property under
consideration.
Motion: Johnston moved to close the public hearing. Planning Board Member Lisa Frazier seconded.
Vote: Unanimous
5. Special Use Permit request
A. Special Use Permit request from DVM Sisters Realty LLC to construct a veterinary animal hospital (Healing
Paws Veterinary Hospital) at 540 Hampton Pointe Blvd., a vacant lot located in the northwest corner of the
roundabout on Hampton Pointe Boulevard
Hauth noted everyone needed to swear in for this item, and she was sworn in. Hauth reviewed that the applicant
was requesting nine waivers.
Commissioner Jenn Weaver asked Hauth whether she thought the waiver regarding tree coverage was needed.
Hauth said she does not think the waiver is needed; but applicants frequently ask for it just to be covered, and the
waiver is often granted. Hornik said the waiver has been granted routinely.
Graham Smith, the licensed architect for the project, was sworn in.
Smith introduced the veterinarians who own Healing Paws and other project members. He then reviewed the
project and gave a slide presentation with the applicant’s justifications for each waiver request, also found on
pages 17-19 of the agenda packet.
Regarding the sign location, there was brief discussion that sight triangles apply to driveways and not to
roundabouts.
Ferguson asked what physical barriers would be in place to stop escaping animals from getting to the interstate.
Smith said there would be a fence and there also is a fence owned by the North Carolina Department of
Transportation with a thick buffer of vegetation. Operationally, the proposed yard is only accessed from the
building. Ferguson said a fence would not keep a climbing husky safe.
Eva Welch, one of the co-owners of Healing Paws and a veterinarian, was sworn in. She said one concern with the
current location is there is no fence. She said the practice has a policy of always using a slip leash. At the new
facility, the practice would make sure there is always someone supervising an animal in the yard. She added there
have not been any escaped animal situations at the current location.
When asked the purpose of the yard, Welch said for elimination and sunshine therapy. She also said a yard is used
for animals recovering from a procedure and not as part of a boarding kennel.
Motion: Sykes moved to close the public hearing. Ferguson seconded.
Vote: Unanimous
6. Text amendments to the Unified Development Ordinance
A. Section 5.1.6 to modify how attached dwellings and mobile home parks are permitted in certain residential
districts
Hauth explained this amendment addresses the idea that if a property is rezoned to Multifamily, one would
expect there would be attached dwellings; therefore, the extra review before permitting the attached dwellings is
not needed. Staff is recommending that any number of attached dwellings can be approved by staff.
Joint Public Hearing Minutes | 5 of 5
The planning director also explained this amendment would remove the extra approval process for mobile home
park owners that is required even if the land is already in a mobile home park district.
The board decided to hear about the second text amendment before closing the public hearing on both.
B. Section 6.13.10 to modify the requirements for off-street loading
Hauth reviewed that this modification would expand the off-street loading requirement, making it apply to more
types of businesses. She noted that no one was in the audience to comment on this and that the Planning Board
had hoped to hear some public comments on this topic.
Hauth said requiring a loading zone for an attached dwelling seemed problematic. A smaller grouping of a couple
of duplexes or quads would not necessarily need a loading zone.
Barker said he thinks there may be a size of attached housing where it becomes needed again.
Hauth said the town’s ordinance does not have separate requirements for a small or large loading zone. Other
jurisdictions sometimes do not require a large loading zone unless a property is 25,000 square feet. It seems like
overkill to her to require every retail business to install a loading zone that would accommodate a tractor trailer.
She is not convinced that this item is ready for decision.
Planning Board Member James Czar said the Planning Board had talked about taking the zoning district into
consideration. He does not think some places could be redeveloped if there was a requirement to accommodate a
truck with a 60-foot trailer. Sykes said the proposed language exempts the Central Commercial District.
Hauth noted that 50 feet, which is in the model language, is not long enough to accommodate a food service
truck.
When asked how this topic came up, Hauth explained that when discussing the Colonial Inn renovation, it was
determined the owners would have to provide a loading zone but the loading zone would not have to be located
on the Colonial Inn property. She explained that it came up as an ordinance requirement for retail property. It was
also acknowledged that the ordinance could be interpreted in such a way that a restaurant did not have to
provide a loading zone because it is not a retail property.
7. Close public hearing
Motion: Weaver moved to close the public hearing on the text amendments. Ferguson seconded.
Vote: Unanimous
Mo
8. Adjournment
Motion: Sykes moved to adjourn at 8:52 p.m. Ferguson seconded.
Vote: Unanimous
Respectfully submitted,
Margaret A. Hauth
Secretary