HomeMy Public PortalAbout4.27.1992 Joint Public Hearing(ioju;+ of ,�itll�`u 101 E. Orange Street
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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
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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
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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
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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.
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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.
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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.