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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.