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HomeMy Public PortalAbout4.28.1992 Plublic Hearing Agenda & Minuets Planning BoardN-11shoroutA (TolUn of101 E. Orange Street P.O. Box 429 HILLSBOROUGH, NORTH CAROLINA (919) 732-2104 27278 AGENDA PUBLIC HEARING HILLSBOROUGH TOWN BOARD AND PLANNING BOARD Tuesday, April 28, 1992 7:00 p.m. Town Barn 1. Comments from the Chair. 2. Request of Stephen Forrest Street residents to Rename the street to Forrest Avenue (attachments). 3. Request of Irvin Walters to Rezone 1.35 acres at the intersection of Highland Loop and St. Mary's Road from R-20 (Residential) to GC (General Commercial) (Tax Map 4.21.C.7) (attachments). 4. Zoning Ordinance Text Amendments (attachments): a. To amend Section 3.10.0 regarding minimum lot size for above ground pumping stations. b. To amend Section 5.22.1 regarding development on Eno Mountain. C. To amend Section 9 regarding the non -conformity of storing junked or wrecked motor vehicles. d. To amend Section 12.6.9 regarding delay of demolition within the Historic District. e. To amend Section 15, the definition of Accessory Use. f. To amend Section 15, the definition of Junked or Wrecked Motor Vehicle. g. To amend Section 15, the definition of Setback. 5. Presentation of analysis of Orange County's proposed Proportionate Share Impact Fees for financing public school capital needs by Carol Lorenz 6. Close Public Hearing. 7. Adjournment. Substantive changes in the proposed amendments may be made by the Town Board following Public Hearing. It is essential to have a quorum present at this meeting. Please call the Clerk or Planning Department if you cannot attend. 732-2104 MINUTES JOINT PUBLIC HEARING April 27, 1992 MEMBERS Horace Johnson (Mayor), Allen Lloyd, Evelyn Lloyd, Bob Rose, Remus Smith, PRESENT: Bill Crowther (Chair), Wayne Tilley (Vice -Chair), Leif Deetjen, Ida Louise Evans Sam Jones, Margaret Moore, Wendy Olson, Kendall Abernathy (Alternate). MEMBERS Carol Lorenz, Kenneth Chavious, Cheshire Cole, Dr. Robert Murphy, ABSENT: Quanda Turner. OTHERS Mr. & Mrs Irvin Walters, Philip Crabtree, Fannie Crabtree, Mildred Crabtree, PRESENT: John Crabtree, Mrs Christine Gates, George Wynn, Tony Brown, Carol Street, Willie Wynn, Sally Henry, Ted Abernathy, Lisa Vetrano, Mike Woods, Laura Oaks, Craufurd Goodwin, Willie Laws, Beverly Webb, Terry Woods, Amy Andrews, Wesley Hyatt, Eric Swanson, Agatha Johnson, Margaret Hauth Mayor Johnson called the public hearing to order at 7:35 pm. Mayor passed the gavel to Crowther, chairman of the Planning Board. Crowther recognized the Town Manager Swanson to make a preliminary announcement. Swanson said that at Public Hearing will be held July 13 at the Town Board meeting regarding the widening of Interstate 85. He said that officials from NC DOT will be presenting the details of the project and accepting public comment. Crowther explained the procedure for the meeting; indicating the agenda would be followed, staff would make the initial presentation, followed by comments by the applicants, and the public. He noted that all questions and comments should be directed to the Board, not individuals. ITEM #2: Request of Stephen Forrest Street residents to rename their street Forrest Avenue. Hauth gave a brief history of the changes in the name of the street and noted the change had bee made to eliminate a duplication within the county. She read a memorandum from Don Powell, Planner III for Orange County, stating the County's policy regarding street names and duplication. She also read a letter from Nick Waters, Director of Emergency Management Services for Orange County which stated the difficult circumstances under which emergency care operates and the added confusion created by duplicated street names. Mayor Johnson noted the comment he received from the daughter of Stephen Forrest, for whom both streets are named. He noted her concern that the word Forrest with two "r's" remain in the name of the street. Joint Public Hearing April 28, 1992 Page 2 M. Crabtree, the petition initiator, said that she did not want to create any confusion for emergency service providers. She noted the commonness of forest as a street name. She observed that emergency response personnel should be aware of the municipality they are responding to and asked why Hillsborough is the town which has to change the name of its street. She added that the residents feel very strongly about this issue. J. Crabtree spoke concerning the hardship to the residents caused by the name change. He said that the name had been Forrest Avenue for the 30 years he lived on the street. He added that changing the name on all bills, accounts, drivers licenses, and with Social Security would be a significant inconvenience. He noted that most of the residents on the street are elderly and receive Social Security benefits. He noted that it is easy to tell emergency personnel that one lives in Hillsborough or Efland. ITEM #3: Walters rezoning request. Hauth presented the application, noting that net acreage, outside of the right-of-way is 1.35 acres. She indicated the location of the property on maps for the board and citizens, noting the zoning of surrounding parcels. Vetrano, representative for the applicant, made a brief presentation. She noted that the Walters are longtime residents of Hillsborough. She said that the property is surrounded by commercially zoned property and theirs (Walters) is the only residence which would be directly affected by any development of the property in question. Crowther asked the location of the old Oxford Highway in relation to the property in question. Irvin Walters clarified that the property line runs down the middle of the abandoned right of way. Vetrano noted that the Laws property, just south of the Walters was rezoned in 1988. Walters noted that his house would be the only one affected by the rezoning. Rose asked about the abandoned right of way and clarified its location and status, as it might relate to recreation. Crowther noted that the right of way is not publicly owned. Joint Public Hearing April 28, 1992 Page 3 Henry spoke against the application. She said that she understands and respects Mr. Walters right to use his land. She said the rezoning will ruin the attractive residential neighborhood; one where residents take great pride in their property. She added that this area represents the last remaining attractive entranceway to Hillsborough. She noted the efforts of residents to purchase an preserve another lot currently for sale at this intersection. She asked that the town put its efforts into keeping Hillsborough attractive. C. Goodwin noted his opposition to the rezoning. He said that the rezoning would allow a much larger scale commercial operation in this area and that he feels there is sufficient commercial activity existing. He said he agreed with the comments made by Henry regarding her description of the neighborhood. He noted his concern about lower property values for his own property if the application is approved. Webb reminded the board members of the direction of the Vision 2010 plan. In particular, he noted the many references to entranceways, including the improvement of these entranceways. He asked the board to delay action on this application or similar rezoning requests until area plans for the entranceways can be made. Hauth relayed a conversation with Laura Smith, a neighbor, who noted her opposition. Hauth stated that Smith felt the property was too small for commercial development, it would destroy the privacy of the neighborhood, and would disrupt the neighborhood of older citizens. Hauth read a letter from Richard H. Jenrette, noting his opposition to the proposal. He sees the rezoning as an intrusion into a very attractive residential neighborhood. He noted the proposed designation of St. Mary's Road as a Scenic Roadway. He also noted that the application could open the door to further rezoning. Vetrano said that Walters living next door would add protection and insure considerate development of the property. She added that any development would be subject to further review by the town. She said she did not share the concern of neighbors stating that the neighborhood would be changed. Walters said he was not planning to develop the parcel, but that he is blocked in by commercially zoned property. Joint Public Hearing April 28, 1992 Page 4 ITEM #4:a) Hauth described the proposed text amendment to Section 3.10.c, to facilitate the placement of a pumping station at the North Hasell Street water tank lot. Olson asked if the 10'. setback is sufficient for both construction and maintenance. Hauth stated that was her understanding from the Town Engineer. Rose explained his understanding of the pre -fabricated nature of the package units. Jones asked about noise. Johnson and Smith noted that other existing units do not create a problem. b) Hauth read the proposed text amendment to limit development on Eno Mountain. Smith asked the exact limit created by this amendment. He asked whether the ridge line or the peak would be the height limit. Hauth said she felt it was meant to the peak. The members agreed that the wording should be altered to reflect the true intent, whether peak or ridge. Oaks, secretary of the Occoneechee Park committee, spoke in favor of any amendment which protects the area from development. She cited the Orange County Natural Areas Inventory and the Vision 2010 plan, which clearly indicate the importance of the mountain area. Oaks added the definition of structure in the Ordinance does not specifically include towers and agreed with Smith's call for clarification of the true limit. Smith asked how close the town land is to the peak. Olson indicated the peak location and park boundaries, which showed the distance to be less than 400 feet. Rose said that, based on his experience on the Planning Board during the drafting of the Ordinance, the intent was to preserve the vista of the mountain in its natural state as could be seen in various locations around town. He stressed the sight preservation along the ridge as being the intent. Olson suggested that the exact ridge of concern should be clarified. Eno Mountain relates more to the area currently being used by Piedmont minerals, and the two peaks to the east of Eno Mountain Road (where the park and towers are) are known as the Occoneechee Mountains. Oaks added that the Occoneechee Park committee was concerned about the proliferation on non-essential towers. She also noted the committee's concern about creating an attractive nuisance so close to the park and that safety precautions be required. Joint Public Hearing April 28, 1992 Page 5 c) Hauth described the proposed new paragraph to Section 9 of the ordinance, to specifically define the non -conforming status of storing junked or wrecked motor vehicles. She added that this amendment went along with the changes in the Town Code on this matter and that the non -conforming definition would apply both in the city limits and in the extraterritorial jurisdiction. Jones asked how junked and wrecked motor vehicle is defined. Hauth read the proposed change in the definition of the term (item f on the agenda). Hauth said that the conditions listed in the definition would all have to be met to meet the definition. d) Hauth described the proposed amendment to Section 12.6.9 which increases the delay on demolition which can be invoked by the Historic District Commission within the district. She noted that the State had changed the general Statutes to in crease the time and to include relocation of buildings in the delay. She said the Historic District Commission requested this change be incorporated into the ordinance. Johnson asked about the hardship placed on those houses which are not historic but within the district boundaries. Hauth said the Commission can waive any or all of the time delay for in significant structures. Smith said that waiver possibility should be included in the ordinance. Hauth said it was and that she had only left it out for brevity. Johnson said that some residents have complained about the level of regulation within the Historic District. Hauth said the Commission is constantly working to improve public information about the existence of the regulation and its importance to maintaining the integrity of the District. She said they are working with real estate agents in particular to make sure they inform new residents of the requirements. Johnson asked about the existing mobile homes and run down houses within the district. Hauth said the Commission could not prohibit the removal of a structure, only delay it if it is significant or contribute to the district. Rose said the amendment is only to give everyone additional time to react if someone wanted to demolish an important structure, not to restrict someone wishing to remove a run down house. Joint Public Hearing April 28, 1992 Page 6 e) Hauth explained the proposed amendment to the definition of Accessory Use, to specifically note that the storage of junked or wrecked motor vehicles is not an allowed accessory use in most zoning categories. f) Hauth stated that this amendment had been covered, amending the definition of junked or wrecked motor vehicle. g) Hauth read the proposed addition to the definition of Setback, to include non- residential HVAC units. ITEM #5: Presentation of analysis of Orange County's Proposed Proportionate Share Impact Fees for Financing Public School capital needs. The Town Manager informed the Board that Commissioner Lorenz had a conflict in schedule and was unable to attend the meeting, however, she has forwarded to him her opinion regarding the Impact Fees Technical Report prepared by Orange County. The Mayor and Board members stated they wished to study Ms. Lorenz's comments and were unprepared tonight to discuss the Impact Fees further. The Town Board will make a statement at the regularly scheduled meeting in May. Mayor Johnson reminded the Board of the May 4th Public Hearing which has been called by the Orange County Board of Commissioners. He added that input from the Town will be accepted after the May 4th date. The meeting was adjourned at approximately 8:10 pm Respectfully submitted, Margare A. Hauth, Secretary Agatha Johnson, Town Clerk