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