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HomeMy Public PortalAbout4.27.1992 Joint Public Hearing(ioju;+ of ,�itll�`u 101 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 27, 1993 7:30 pm, Town Barn ITEM #1: Comments from the Chair. ITEM #2: Presentation of draft Master Parks and Recreation Plan (attachment). ITEM #3: Request of Town- of Hillsborough to Rezone 11.35 acres on Oakdale Drive from MF (Multi -family) to - R-10(Residential with 10,000 sqft lot minimum)(Tax Map 4.44.A.9)(attachment). MM #p4: Zoning Ordinance Text Amendments: (attachments) a) To allow non -conforming uses to be replaced by other non -conforming uses. b) To clarify the status of driveways in regard to setbacks and being a structure. c) To reduce setbacks for accessory buildings. d) To clarify the need for Certificate of Appropriateness and reference HDC Rules of Procedure. ITEM #5: Presentation of draft Minimum Housing Code (attachment). ITEM #6: Close Public Hearing. ITEM #7: Presentation of Housing Report (attachment). ITEM #8: Presentation by Orange County Economic Development Commission regarding economic development districts (attachment). ITEM #9: Convene special Town Board Meeting. ITEM #9: Presentation of annexation decision matrix ITEM #10: Adjournment. Substantive changes in the proposed amendments may be made by the Town Board following Public Hearing. _-- --- - --Itis 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, 1993 PRESENT: Mayor Horace Johnson, Commissioners Remus Smith, Bob Rose, Alan Lloyd, Evelyn Lloyd, Planning Board members Bill Crowther, Quanda Turner, Ken McLeroy ABSENT: Commissioner Carol Lorenz, Planning Board members Wayne Tilley, Kendall Abernathy, Wendy Olson, Cheshire Cole, Leif Deetjen, Sam Jones, Louise Evans, Robert Murphy, Pat Shannon. PUBLIC: Agatha Johnson, Squires York, Ted Abernathy, Dale Carlson, Evelyn Poole -Kober, Mr. Reeves, Roger Smith, Eric Swanson, Todd Chavious, Ray Gronberg, Wesley Hyatt, Margaret Hauth Mayor Johnson called the joint Town Board planning Board meeting to order. He noted that a full complement of Planning Board members had not yet arrived. He recognized Ted Abernathy to begin his presentation of the Economic Development Districts. Abernathy gave a brief overview of the location of the proposed districts, including the one proposed at the Interstate 40/Old NC 86 interchange. He noted that this would create business reserves, that is reserve certain locations for commercial and office activities and prevent the encroachment of residential development in these areas. He said that once a few residential subdivisions are established in an area, it is unpopular and unfair to the residents to have large scale commercial centers locate adjacent. He said I-40/Old 86 area is about 800 acres and is the largest proposed. He noted build -out is not anticipated for 20 years. Given current growth trends, he said the size and availability of this land would not encourage high growth, but allow for continued steady growth. Abernathy said these areas would be subject to performance standards relating to signage, vegetation, density, etc. and that those requirement are in the process of being re -worked based on citizen comments received in the first round of hearings. He said the next public hearing would be May 24, preceded by township meetings. He expects commissioners action by July. He said this would be the County's first effort to "pre -zone" land. Abernathy noted that no one would be prohibited from using their land in a way currently allowed, but that the district allows them a shorter review process if .they develop - according to the new standards. He said they are hoping the shortened review time would encourage higher quality development. Smith asked for clarification as to whether all four corners of the interchange were included. Abernathy said it was and went over the boundaries in detail. He added that none of the area is in the Rural Buffer and some of it is in the cooperative planning area. Rose agreed and added that the areas south of I-40 are not in the agreement. Rose noted that the northeast quadrant would come under the town's JPH 4/27/93 page 2 jurisdiction. Abernathy agreed that this quadrant would probably develop first, citing the proximity to the I-40 and I-85 split and to town utilities. He noted that the area should be preserved now to limit the intrusion of residential subdivisions like Stagecoach Run, which they are trying to protect with buffers. Abernathy noted some of the challenges present at each of the proposed sites, discussed extension of water and sewer by different municipalities. He added that once the undevelopable land and that land with restricted development potential is eliminated, it is not difficult to tell where these districts should be located. Mayor Johnson asked if the small area plans designating commercial nodes in the County were still in effect. He noted they had been done a number of year ago by Orange County. Abernathy said they were still in effect. He stressed the benefit to the developer of having pre -zoned land and specific guidelines which lowers the risk of developing within these zones. Swanson asked Abernathy and Hauth to arrange a meeting of the Entranceway Committee to review the proposal and forward comments to the Town Board so they may endorse or comment on the proposal. The Town Board endorsed receiving comments/recommendations from the Entranceway Committee. Rose noted that the town is being "nibbled to death" and this districts presents some opportunities. Mayor Johnson recognized Hauth to comment on the ability to call the public hearing to order. Hauth stated that the local ordinance requires a joint public hearing but does not specifically require a quorum of both board to be present. She added that the North Carolina General Statutes only requires the city council or town board to hold a hearing on amendments. It is her understanding that the hearing could be held even though a quorum of Planning Board is not present. She added that all Planning Board members will receive a specific transcription of the meeting minutes before they vote on any public hearing items. Rose agreed that if members are to vote, they must hear the tape or read the minutes first. Mayor Johnson recognized York Squires who wishes to address the board. Squires said he is the administrator of the Nelson Squires estate. He said that in an effort to settle the estate, he had discovered that the store had been operating even though it was zoned residential. Rose clarified the location in question as being the former store near the intersection of US 70 and Lakeshore Drive. Squires noted his desire to have the property properly zoned for businesses. Mayor Johnson said that he felt it is the board's responsibility to correct the situation that should have been zoned commercial long ago. He said that it could come up at the next public hearing in July. Rose suggested that Squires JPH 4/27/93 page 3 investigate the neighborhood business classification as an option, depending on the desires of Squires. He explained that it would still be commercial, but would be more limited in the range of uses. Crowther asked if Squires was seeking the board's sponsorship of the rezoning. Squires said he was. Rose suggested and made the motion that Squires not be charged for the rezoning application. E Lloyd asked if the delay would create a problem. Squires said he did not think so. ITEM #4a: Hauth described the text amendment to allow a property in non -conforming use to change to another non -conforming use after a hearing and findings by the Board of Adjustment. There was no public comment on this item. ITEM #4b: Hauth described the text amendment to clarify the status of driveways as structures and whether they require zoning permits. She noted that in the discussion of this topic, concerns about fences, patios, and walkways. She said there are section 5.6 and subsection 1-5 and definitions in Section 15. She added that these items are not typically considered structures, do not need to meet standard setbacks and do not require zoning permits, except in the case of fences. She said they would still require Historic District Commission approval. Hauth clarified the term "friendly" side of the fence, noting that it is the finished side. There was no public comment. ITEM #4c: Hauth described the text amendment to allow accessory structures within 10 feet of property lines. She added that this was a new direction if the former attempt to give relief for small lots in placing accessory structures. Poole -Kober (108 S Occoneechee St) noted that her lot is non -conforming. She noted that this proposal, as well as the last one, does not address the small size of her lot. She added that this is more restrictive in that it attempts to limit the casting of shadows. She agrees with the limit on runoff, noting her neighborhood has had problems with runoff before, with no protection in the ordinance. She added that is the only portion of the proposal she is in favor of. Carlson (407 W King St) said he did not understand the need for setbacks. He described his lot, noting he could not build a two car garage given setback requirements in a reasonable location. If he did try to build a two car garage, it would not meet the architectural standards of the Historic District Commission for being compatible with the area architecture. Poole -Kober noted that the ordinance currently allows attached additions to encroaching buildings if they do not encroach further into the setback. She JPH 4/27/93 page 4 offered this as an suggestion to addressing the needs of small lots and suggested opening the allowance to detached additions. ITEM #4d: Hauth described the proposals to clarify when Certificates of Appropriateness are required and to reference exemptions and minor work lists in the Rules of Procedure. There was no public comment. Smith reverted to Item 4c briefly. He noted the unique situation present in this lot, that the properties are uphill from everywhere and that the owners needed some relief. Rose asked him to clarify "relief" and Smith said he couldn't but felt they need special consideration. Smith asked about a variance. Hauth noted that the Board of Adjustment needs to make specific findings of fact to grant a variance and they felt Poole-Kober's application did not meet the criteria. She noted the Board of Adjustment had passed a resolution requesting the Planning Board look for a solution with an implied request for rezoning the area. Mayor Johnson said that rezoning is probably not an option. Rose noted that whether a large is large or small, accessory buildings close to the lot line can create eye- sores. He asked the Planning Board to continue working. ITEM #3: Mayor Johnson opened the floor for comments on the Woods of Oakdale rezoning. Reeves clarified that the application was to return to R-10 zoning from multi -family. He noted that he felt it is a fine idea. Roger Smith noted that he adjoins the land in question. He noted that when the item was continued to this hearing, it was promised that fire department personnel would be present to discuss water problems: and that nothing would be done with the property until now. He noted the auction sign on the property and asked for a status report. Hauth said that she has spoken to the bank representative and their attorney. She noted that while there was an auction, and bids had been offered, the bank had not yet accepted any bid. The high bid was turned down as too low and another bidder was in negotiations but was surprised to learn about the water and sewer improvement requirements the town was making. In short she said nothing has changed with the property. She added the bank was going to ask for another continuance, which the mayor had earlier indicated would not be granted. She noted that everyone seeking to purchase the land did understand that it would be zoned R-10 and that the water and sewer requirements were proving a stumbling block in selling the property. Swanson added that any construction would require a water and sewer agreement between the developer and town. Rose noted that he would not vote for anything that did not correct the current situation in the area. Mayor Johnson noted that there are development p9ssibilities further down Old NC 86 which may help correct water and sewer difficulties as they develop. JPH 4/27/93 page 5 ITEM #5: Hauth introduced the proposed minimum housing code, noting that, while it has been discussed before no record could be found of its adoption. Mayor Johnson asked if it is the same one prepared by the state in 1979, Chavious said yes. Rose asked if it is the same document, Chavious said yes, with minor typographical changes. Hauth explained the current process to have a house condemned, going through both Town and County Managers and County Planning. Rose asked if this would help Chavious and he said it would. Chavious noted this could be applied in cases of vagrancy and drug use. There was no public comment. ITEM #2: Hauth described the first draft of the Master Park Plan. She noted that the maps and graphics had been left out as well as a few sections needing completion and that this accounts for inconsistent page numbers. Crowther asked for procedures for final review. She said that a complete draft would be reviewed in July. E. Lloyd and Rose both noted that the draft looks nice. MOTION: Rose moved to close the public hearing. Seconded by Smith. VOTE: Unanimous. The Mayor excused the Planning Board members ITEM #7: Hauth introduced the Housing Report. She noted that it is the work of the Town's HUD intern, Barrick Neill. She said he was unable to be here as he is in class finishing his masters degree. She said the report looks at Census data as well current conditions. Smith asked to pass congratulations and thanks to Neill for his work with the community policing meeting. Rose said the residents in the southern part of the county make too much money. Rose asked Hauth her opinion of the report. She. said its a good report, its good to have the information readily available, and the numbers confirmed some of her opinions. Rose said he felt it is an excellent report. He wants to know the people who are making so much money. Smith noted that is matches with opinions toward the tax structure. in the area, noting the impact of a small tax increase. Rose agreed, and said this coupled with those with a "no -growth" attitude makes if difficult for Hillsborough to thrive. He added that it encourages the "bedroom community" concept. He said some of the numbers did jump out at him. Hauth noted some concurring statistics she has come across relating to the ownership of phones and multiple vehicles and the town's disproportionate share of female headed households. JPH 4/27/93 page 6 Rose asked if apartment communities are included. Hauth said they are. He said that if you go to Gateway or Coachwood you would probably find 65 % of residents being female -headed households with children. Mayor Johnson noted that you would also find that many of the residents in those apartments are from the southern end of the county. He added that the town has to get a hold of its own destiny and try to lighten the tax burden on residents. They discussed the impact of taxes on area residents. Rose noted that other needs often go unmet like clothing and food to pay tax bills and the like. Hauth noted the notice of public comment for the Durham -Chapel Hill -Carrboro Metropolitan Planning Organization. She borrowed from a colleague, calling this bureaucracy at its finest when public comment is sought on a public comment process.