HomeMy Public PortalAbout1.25.1994 Joint Public HearingAGENDA
PUBLIC HEARING
HILLSBOROUGH TOWN BOARD AND PLANNING BOARD
Tuesday, January 25, 1994
7:00 pm, Town Barn
7:00 ITEM #1: Comments from the Chair.
7:05 ITEM #2: Zoning Ordinance Text Amendments: (attachments)
a) Create a two-year expiration date for approved Site Plans and Conditional Use Permits
that are not acted upon.
b) Amend Section 8 (signs) to address freestanding signs at multi -tenant developments.
7:15 c) Amend Sections 2 and 3 to create new commercial districts (GCI and GC2).
d) Amend Sections 5, 6 and 9 to create new performance standards for non-residential
development.
7:45 e) Add Section 5.8.4, which establishes guidelines for renovating non -conforming mobile
homes into conforming structures.
8:00 ITEM #3: Close public hearing
ITEM #4: Brief discussion of small area planning efforts between Town and County.
ITEM #5: Adjourn Planning Board
8:15 ITEM #6: Town Board receives reports from volunteer committees
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
* all times are approximate
MINUTES
JOINT PUBLIC HEARING
JANUARY 25, 1994
PRESENT: Mayor Johnson, Commissioners Allen Lloyd, Evelyn Lloyd, Richard Simpson,
and Remus Smith, Bill Crowther (Chair), Wayne Tilley (Vice Chair), Kendall
Abernathy, Sam Jones, Louise Long, Stuart Munson, Wendy Olson, Quanda
Turner
PUBLIC: Neil Littman, John Wright, Mark O'Neil, Jack Payne, Roger Stephens, Cheryl
Howie, Hervey McIver, Ryan Carter (WCHL), Wesley Hyatt, Ray Gronberg,
Eric Swanson, Margaret Hauth
Mayor Johnson called the meeting to order at 7:10 pm. He turned the meeting over to Bill
Crowther the Chair of the Hillsborough Planning Board. Crowther welcomed everyone to the
first of four hearings in 1994. He briefly outlined the process for moving through the agenda
and receiving public comment.
ITEM 42a: Hauth briefly described the proposed text amendment to create a 2 year
expiration period for site plans, and conditional use permits. She explained that
there is not currently an expiration date and she is obligated to issue zoning
permits for projects approved some years before. She noted that creates
problems with changes in the ordinance and surprises new neighbors. Crowther
asked how this would affect site plans currently approved but not built. She
said that, if, the amendment is approved, all existing site plans would have an
expiration date two years from the effective date of the amendment. There was
no further public comment on this issue.
ITEM #2b: Hauth briefly described the proposed text amendments which clarify the
permitting process for freestanding signs in multi -tenant, non-residential
developments. Commissioner Smith asked about the status of the Western
Sizzlin' sign and if it would be grandfathered under these amendments. Hauth
said the amendments make the sign conforming. Mayor Johnson asked if the
sign would come down. She said that would be up to the owners of the center.
She explained that the sign permit would be issued to the developer who would
then allocate signage to tenants. He asked about the status of the Daniel Boone
signs. She said that the tenant or logo signs the development has are
conforming to the current and proposed regulations. Neil Littman, a partner in
KentAllen which owns the shopping center where Western Sizzlin' is located,
spoke in favor of the amendments. He noted his appreciation to the town for
working through this situation with him and the tenants.
ITEM #2c: Hauth said this item proposes amendments to Sections 2, 3 and 15 and is
closely tied to 42d. She explained that the Town Attorney had advised them to
eliminate Section 2.15 because the town cannot legally place properties in
limbo, even for a short period of time. She added that she described her
concerns in the memo they received and recommended that the Planning Board
study ways to proceed at the February meeting. She clarified that items 2c and
2d would not be coming before the Town Board for action in February. Hauth
said these amendments create two new commercial districts and amend the
permitted uses in Central Commercial. The list of uses, intent statements and
definitions of new uses are covered by this section. Crowther clarified that
Section 2.15 would not be considered at all. Hauth confirmed this. Mark
O'Neil asked some questions of clarification about uses permitted and deleted.
Hauth explained that some uses are being more generally defined (HVAC sales
and services becomes Appliance/trade sales & service) and others are more
specifically defined (restaurants, retail sales and office). He expressed his
concern about the one acre district size of the Neighborhood Business zone,
and Hauth noted that this zoning was to be replaced with GCI. O'Neil also
suggested creating a parking plan for the Central Commercial zone and
including take-out in Restaurant A.
ITEM #2d: Hauth said this section establishes performance standards for non-residential
development which currently do not appear in the ordinance. She added that
the amendments affect Sections 3.5,5,7 and 9. Olson asked for clarification of
Section 5.13a. Hauth said that the intent is to excuse existing uses which are
non -conforming solely on the basis on noise violations which are inherent in
their nature (example mining) from being subject to the noise restrictions.
Littman asked that the procedure for complaint and enforcement be clearly
stated in the ordinance. Payne agreed with Littman's request. Mayor Johnson
repeated the current policy from the Town Code. Swanson noted that there is a
difference between land use noise violations and criminal noise violations.
Hauth noted that language could simply be added for clarification.
O'Neil suggested looking more closely at sidewalk and driveway requirements.
He suggested sidewalks be tied into overall transportation plans and that the
driveway requirements be reduced to recommendations. Commissioner Smith
asked who has maintenance responsibility and how the town requires
maintenance. Crowther suggested added language to make the responsibilities
clear. Mayor Johnson noted that sidewalks built on the right-of-way are the
town's responsibility.
O'Neil asked for a reduction of lot width for GI lots, stating that 200 feet
seemed excessive. Crowther noted that the hearing was to focus on
commercial districts and said that request could be considered at a later date.
Payne asked about requiring off-street parking at residences. Crowther said the
questions was off topic and referred Payne to the Planning Director for
clarification.
ITEM 42e: Hauth introduced the draft standards she proposes in relation to the Town
Board directive, to create standards for renovating existing single wide mobile
homes so as they remove their non -conforming status. Hauth read the
proposed amendments:
a) Attach the mobile home permanently to a masonry foundation;
b) Roof pitch of 2' of vertical rise for every 12' of horizontal run
c) Exterior material of type similar to what is common in the immediate
neighborhood. For the purposes of this section immediate neighborhood
shall mean a 600' radius;
d) The mobile home shall be relocated to remove any existing setback
violations, if possible
e) The mobile home shall be oriented so that the longest side faces the street,
if possible without violating setback requirements
f) Features common to houses within the immediate neighborhood shall be
added. This includes but is not limited to: porch or orientation of gable to
street. This shall not include the construction of a garage or addition of a
second story.
Turner asked for clarification on "the longest side". Hauth said that a mobile
home might be 14' x70' and this would require that the 70' side face the street,
if possible. Jack Payne spoke in favor of the amendments. He stated that he
is in the situation of having a non -conforming single wide mobile home and he
is willing, although not enthusiastic, to comply with the standards listed, if his
mobile home will be allowed to stay.
There being no more public comment, Crowther closed the public hearing and turned the
meeting back over to Mayor Johnson. Crowther announced the Planning Board meeting on
February 1 at 6:30 pm and the Town -Board meeting on February 14 at 7:30 pm.
Eric Swanson briefly updated both boards on the status of small area planning efforts between
the town and county. He said Commissioners Remus Smith and Evelyn Lloyd and
Commissioners Verla Insko and Don Wilhoit are working with the managers, planning
directors, and attorneys of each government to study the University Station area and come to
some agreement about the areas future. • He added that the developer and neighborhood are
also represented. He invited any interested members to attend. Hauth said that this will not be
the only area in the plan.
ITEM #5: Mayor Johnson called a brief recess and excused the Planning Board.
ITEM #6: Mayor Johnson reconvened the Town Board to receive the annual report from
the Occoneechee Park Committee, represented by Hervey McIver, Chairman.