HomeMy Public PortalAbout03-17-2022 Minutes PB Regular Meeting
101 E. Orange St., PO Box 429, Hillsborough, NC 27278
919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov
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Minutes
PLANNING BOARD
Remote regular meeting
6:30 p.m. March 17, 2022
Virtual meeting via YouTubeLive
Town of Hillsborough YouTube channel
Present: Chair Chris Johnston, Vice Chair Frank Casadonte, Cassandra
Chandler, Alyse Polly, Saru Salvi, Jeff Scott and Scott Taylor
Absent: Christopher Austin and Hooper Schultz
Staff: Planning and Economic Development Manager Shannan Campbell and Town Attorney Bob
Hornik
1. Call to order and confirmation of quorum
Chair Chris Johnston called the meeting to order at 6:32 p.m. Planning and Economic Development Manager
Shannan Campbell confirmed the presence of a quorum. Members Christopher Austin, Alyse Polly, Saru Salvi
and Hooper Schultz were absent. Polly and Salvi arrived later in the meeting.
2. Agenda changes and approval
Campbell added one agenda item, a presentation on the Hillsborough Comprehensive Sustainability Plan by
the town’s consultant. Campbell proposed adding the new item as Item 4A, moving the item on planned
development districts to Item 4B and the item on code enforcement to Item 4C.
Motion: Member Cassandra Chandler moved to approve the agenda as proposed. Member Scott Taylor
seconded.
Campbell called the roll for voting.
Vote: 5-0. Ayes: Members Frank Casadonte, Chandler, Johnston, Jeff Scott and Taylor. Nays: None.
3. Minutes review and approval
Minutes from regular meeting on Feb. 17, 2022.
Motion: Casadonte moved to approve the Feb. 17, 2022, minutes as presented. Scott seconded.
Campbell called the roll for voting. Chandler and Johnston abstained from voting because they were absent
from the Feb. 17, 2022, meeting.
Vote: 3-0. Ayes: Casadonte, Scott and Taylor. Nays: None. Abstentions: Chandler and Johnston.
4. Discussion
A. Presentation and Discussion – Hillsborough Comprehensive Sustainability Plan
Johnston introduced Item 4A.
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Polly arrived at 6:37 p.m.
Candice Andre of VHB Inc. introduced herself. Andre said she is leading the VHB Inc. consultant team for the
Hillsborough Comprehensive Sustainability Plan.
Andre displayed a slide show presentation. She gave a presentation on the Hillsborough Comprehensive
Sustainability Plan and updated the board members on progress to date.
Salvi arrived at 6:42 p.m.
After the presentation, Andre and the board members discussed what the town does well regarding land use
and housing; challenges regarding land use and housing; how the town could plan for a sustainable future
through land use; and how the town could better serve underrepresented communities and involve them in
the decision-making process. The board expressed concerns over growth and building height increases.
B. Unified Development Ordinance: Text amendments – Planned Development Districts
Johnston introduced Item 4B.
Campbell summarized the staff report. She noted that at the Feb. 17, 2022, meeting the board members
discussed creating three different conditional zoning districts, one each for infill development, mixed
residential development and mixed-use development. Campbell said staff discussed the idea further and now
recommend creating one conditional zoning district with three size-based tiers and requirements. She said
infill development would always involve smaller projects requiring more details, while mixed residential and
mixed-use developments likely would be larger projects.
Campbell displayed her screen and outlined the conditional zoning district’s proposed tiers. She clarified a
conditional zoning district would be set up as a planned development district. Campbell said staff proposes
requiring a site plan with more detail for smaller projects between 1 and 5 acres in size; requiring a concept-
level plan for medium projects between 6 and 25 acres; and requiring a bubble map plan with fewer details
for large projects of 26 acres or more. She explained more detail would be required for smaller projects
because site plans cost less for smaller projects and smaller projects are more likely to be infill with neighbors
on all sides. Less detail would be required for large projects to mitigate the costs of planning and engineering
a large project involving rezoning applications that the town ultimately might reject and/or where market
conditions may change throughout the life of the project. Waterstone was given as a large development
example.
Campbell briefly described how the planned development district could work. She said developers would
submit a plan and a development agreement. The development agreement would act as a miniature Unified
Development Ordinance for the project. Developers for all sizes of projects could request design flexibility
regarding density, lot dimensional requirements, maximum building height, setbacks, tree protection, lighting,
signage, parking, loading and circulation. She said the requests would be negotiated with the Town Board and
Planning Board at a joint public hearing as part of the rezoning process. Campbell described the negotiation
process as a give-and-take interaction, with commissioners and board members able to request plan changes.
She said each development agreement would be project-specific.
Campbell said other ordinance sections would not be negotiable, including stormwater management
requirements; street, sidewalk and walkway requirements; and recreational area requirements. She said
those sections represent basic standards needed for developments to function. Similarly, buffers and
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landscaping requirements would not be flexible. She said the town has identified these as ‘non-negotiable’
development features on many occasions.
When asked, Campbell confirmed the flexibility given to developers would not be variances but would be
conditions of the rezoning approval.
Salvi expressed concern about allowing flexibility for zoning, density restrictions and height restrictions. She
worried about the town bowing to developer pressure and approving 6- or 7-story buildings.
Campbell said any rezoning would have to be approved for the developer to receive any flexibility through the
proposed process. She said the town board members could tell a developer to scale back a project’s density
and height as a condition of approval.
Chandler agreed with Salvi and expressed dismay that the town recently has approved changes allowing more
density and less tree preservation. Chandler asked what the Planning Board’s purpose is and said it felt like
changes happen regardless of the board members’ opinions.
Campbell said the Planning Board is an advisory board and the members’ roles are to let the town board know
their thoughts and opinions. Campbell said the Planning Board is part of the town’s democratic process, with
each member having a vote. She said if the majority of decision makers agree with a developer’s proposal, the
project is approved and if a majority of the Planning board’s members agree then a proposed amendment
moves forward.
Scott noted he has been on the Planning Board for four years and feels that the board’s work is very
important. He said there are many projects and changes around town that the Planning Board has positively
impacted. Scott said the board members have asked developers challenging questions and negotiated with
them instead of simply giving developers what they wanted.
Johnston agreed with Scott. He sympathized with Chandler’s frustration and added that the board members
must balance conflicting values and ideas, such as developing affordable housing versus maintaining the
feeling of a small town.
Campbell said that the Planning Board members might not want to allow developers to ask for flexibility
regarding building height. Alternately, she said the board members might allow height flexibility in one
location but not another based on the location or might allow for more height in exchange for more
landscaping. Campbell said each project would include negotiation.
Polly noted conditional zoning would be a new process for the town board and Planning Board. She asked if
any nearby town has a similar process the board members could observe.
Campbell said the Town of Apex has a similar process. She agreed to reach out to Apex town staff regarding
upcoming projects and meetings. Campbell said the process would be similar to Hillsborough’s current
rezoning process. She noted the Planning Board will hear at least one rezoning request at the April 21, 2022,
joint public hearing. Campbell described the process, saying first there would be a joint public hearing, then
the Planning Board would make a recommendation to the town board and finally the town board would vote
on the rezoning. She said the conditional rezoning process may require more meetings in order to work out all
of the conditions.
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When asked, Campbell clarified the conditional zoning process is different from the general use zoning
process to which the Planning Board members are accustomed. While general use rezoning allows any use
that the ordinance allows by right, Campbell said the conditional zoning process would be more involved and
would restrict the allowed uses.
Polly noted there would be many factors to consider and points to negotiate. She said she would like to see an
example to get an idea of the level of conversation the board members might have with a developer. She
noted larger projects could extend into multiple public hearings depending on the number of developer
requests and amount of public feedback.
Johnston asked if other board members had comments or concerns. None was raised. Johnston asked if the
board members would like to see more information or examples before sending this item to the public
hearing.
Chandler and Salvi said they would like to see more examples and have more discussion before sending this
item to a public hearing. Polly agreed more discussion would be helpful and noted the public hearing could
bring more feedback and discussion. Johnston agreed and clarified that voting to send this item to public
hearing would not be a vote in favor of approving the new process. Johnston agreed more information and
examples would be helpful.
Casadonte said he thinks the proposed conditional zoning process is a good approach. He said he is
comfortable discussing this item further if some board members are uncertain.
Campbell agreed she would reach out to the Town of Apex to gather some examples. She said Apex has what
seems like a straightforward approach that developers and their board members understand. Campbell said
the process should be easy to understand and collaborative. She said she would email examples and
information to the board members before the next regular meeting in May.
When asked, the board members indicated their agreement.
C. Unified Development Ordinance: Text amendments – Section 8: Code Enforcement
Chris introduced Item 4C.
Campbell summarized the staff report. She said the town is having some code enforcement issues and the
current ordinance needs stronger language that is legally defensible in court. Campbell said staff identified
strengths and weaknesses in the current language and have recommended the updates included in the
agenda packet. She said the town generally wants to work with people to correct violations but having
stronger language is still important. Campbell said staff added a tiered system of civil penalties for repeat
violations and removed criminal penalties.
When asked, Campbell said fines for penalties increase the longer they remain unpaid. She clarified those in
violation have 30 days to tell staff they are working to fix the problem. When asked, Campbell said staff sees
both individual violations and businesses violations.
Casadonte agreed with the proposed changes and said they have been needed for a long time.
When asked, Campbell said the Planning Division is fully staffed and ready to enforce the unified development
ordinance. She indicated that as the town grows there may be a need for a part-time or full-time code
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enforcement officer. She said the town attorney is ready to litigate on-going code enforcement issues where
property owners do not correct violations, if needed.
When asked, Campbell listed the most common violations, including properties in disrepair; trash and debris
in yards; Historic District property owners making changes without a Certificate of Appropriateness;
businesses with full or deteriorating trash enclosures; businesses conducting uses not permitted in their
zoning districts; and people or businesses generally not wanting to correct violations.
There were no other questions or concerns about this item.
Motion: Casadonte moved to send the proposed text amendment to the April 21, 2022, joint public
hearing for discussion. Polly seconded.
Campbell called the roll for voting.
Vote: 6-0. Ayes: Members Casadonte, Chandler, Johnston, Salvi, Scott and Taylor. Nays: None.
5. Elect Board Chair
Johnston introduced Item 5. When asked, Campbell clarified the nomination process. Johnston invited
nominations for Planning Board chair. He said he would be happy to continue serving as chair or for another
board member to be chair.
Motion: Casadonte moved to nominate Johnston as Planning Board chair. Chandler seconded.
Johnston accepted the nomination. He asked for any additional nominations. Polly suggested Schultz but
noted he was absent and not able to consent to being put in that role.
Chandler left the meeting at 8:21 p.m., noting she supported Johnston continuing as board chair.
The board members discussed delaying electing a board chair until a later meeting to include Schultz. Salvi
suggested moving forward to reelect Johnston tonight.
Campbell called the roll for voting.
Vote: 7-0. Ayes: Casadonte, Chandler, Johnston, Polly, Salvi, Scott and Taylor. Nays: None.
6. Reappointment – Scott Taylor
Johnston introduced Item 6.
When asked, Taylor confirmed he would like to be reappointed for another term on the Planning Board.
Motion: Polly moved to reappoint Taylor to the Planning Board. Casadonte seconded.
Campbell called the roll for voting.
Vote: 7-0. Ayes: Casadonte, Chandler, Johnston, Polly, Salvi, Scott and Taylor. Nays: None.
7. Updates
A. Board of Adjustment – Hooper Schultz
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Johnston introduced Item 7A and noted Schultz was absent. Campbell confirmed the Board of Adjustment did
not meet in March and there were no updates that she knew of.
B. Park and Recreation Board – Alyse Polly
Johnston introduced Item 7B. Polly gave a brief update on the Parks and Recreation Board’s discussions about
the Hillsborough Comprehensive Sustainability Plan. Polly noted the Park and Recreation Board’s conversation
included the challenge of balancing sustainable parks with the town’s risk and liability.
After Item 7C, Polly updated the board members on efforts to extend Eno River State Park into Hillsborough
near the Riverwalk. She added that artist Jonathan Brilliant would be building an arch in River Park during
upcoming weeks and said the next Occaneechi Village build day is March 26 at 9 a.m.
C. Staff
Johnston introduced Item 7C. Campbell gave several updates. She said the Town of Hillsborough, Orange
County, Mebane and the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization are planning a
multi-modal study of how to improve the U.S. 70 corridor. Campbell updated the board members on two
potential annexation interest requests, the Terry Parcel off N.C. 86 adjacent to the townhomes at Waterstone
and the Moren Tract on Cates Creek Parkway.
When asked, Campbell said she anticipates town boards resuming in-person meetings in April or May. She
said she would inform the board members as she learned more information.
8. Adjournment
Casadonte adjourned the meeting at 8:36 p.m.
Respectfully submitted,
Shannan Campbell
Planning and Economic Development Manager
Staff support to the Planning Board
Approved: April 21, 2022