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HomeMy Public PortalAbout4.26.1994 Joint Public Hearing01 own of RfllsborouvA 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 26, 1994 7:00 pm, Town Barn 7:00 ITEM #1: Comments from the Chair. 7:05 ITEM #2: Zoning Ordinance Text Amendments: (attachments) a) Amend Section 2 and 3 to change permitted uses in General Commercial and create High Intensity Commercial district. b) Amend Sections 5 and 6 to create new performance standards for non-residential c) development. Amend Sections 2 and 5 to create an Entranceway Overlay district and requirements for non-residential development along major entrance routes. d) Amend Sections 2 and 23 to create a Planned Unit Development District to reviewing large scale mixed use developments. 7:30 ITEM #3: Rezoning Request a) Richard Simpson to rezone 6.7 acres (Tax Map 4.38.B.24) near the intersection of Eno Mountain Road and Orange Grove Road from Agricultural -Residential to b) Multi -family. Jerry Taylor to rezone .66 ac (4.5.B.10) at the intersection of NC 86 and NC 57 from Neighborhood Business to General Commercial. c) John Wright to rezone 1.43 ac (4.14.A.4) on the south side of Cornelius Street from Neighborhood Business to General Commercial. d) Orange County Rescue Squad to rezone .6 ac (4.40.A.31b) at 262 South Churton Street from General Commercial to High Intensity Commercial e) Kentallen to rezone 10.06 ac (4.40.A.41, 41a) at 300 South Churton Street from General Commercial to High Intensity Commercial. f) TPI to rezone 2.089 ac (4.42.B.3g) on Cardinal Drive from General Commercial to High Intensity Commercial. g) Economy Motel to rezone 2.54 ac (4.40.A.20) at 1807 NC 86 South from General Industrial to High Intensity Commercial. ITEM #4: Close Public Hearing 8:15 ITEM #5: Adjourn 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 PUBLIC HEARING April 26, 1994 PRESENT: Mayor Horace Johnson, Allen Lloyd, Evelyn Lloyd, Remus Smith, Bill Crowther, Kendall Abernathy, Sam Jones, Louise Long, Stuart Munson, Wendy Olson, Wayne Tilley, Quanda Turner PUBLIC: Jerry Gambill, John Hartwell, Dwight Hollifield, Alonzo Kenion, Neal Littman, Ben Lloyd, Mark O'Neal, Manley Palmer, Mike Parker, Robert M. Rose, John Wright, Wesley Hyatt, Ray Gronberg, WCHL reporter, and Margaret Hauth. Mayor.Johnson called the hearing to order at 7:05 p.m. ITEM #1: Mayor Johnson called for a moment of silence in remembrance of Dr. Robert J. Murphy. Mayor Johnson turned the meeting over to the Planning Board Chair, Bill Crowther. Crowther explained to the public that the procedure which will be followed is that each item will be brought up one a time and discussed by the Boards. After that discussion, the public will have an opportunity to ask questions and give input. The applicants will be given the opportunity to speak first. ITEM #2a: Hauth introduced the proposed changes to Section 2 and 3. Hauth explained that the focus of these amendments is to rework the General Commercial Districts making them less broad and create a new district call High Intensity Commercial (HIC) which is a little more broad and allows a wider variety of uses. Part of this discussion is also the elimination of the Neighborhood Business District. Parker, representing Duke Power and Piedmont Electric, asked if this would eliminate the location of transmission facilities in the general community. Hauth responded that it would. Parker expressed some concerns regarding not only the elimination of the location of transmission facilities in General Commercial but that it will also require a conditional use permit to locate that facility in the High Intensity District. This is an issue that was faced several years ago with Orange County. After taking this to the County Board of Commissioners, they amended their ordinance. He also expressed some legal concerns. Hollifield, Manager of Transmission Siting with Duke Power Company, reiterated that they believe the Public Utility Commission provide an appropriate forum for their siting decisions to be reviewed and discussed thoroughly. Hollifield briefly described their siting process. Hollifield stated that they are against this text amendment. Hartwell stated that is was clear in his mind that a shopping center is a different thing from a neighborhood utility station and the ordinance should acknowledge that. ITEM #2b: Hauth introduced the amendments to establish more strict development standards non- residential construction. These changes are all related to the General Commercial and High Intensity Commercial Districts. She stated there were no proposed changes to the Residential District. Rose asked if this pertained to GI. Hauth stated that there were a few changes to GI in terms of set backs. Mayor Johnson asked if this only pertained to new development. Hauth stated that it pertains to new developments or any developments who come in for a new site plan. JPH 4/26/94 pg 2 Ben Lloyd stated that having the first half inch of rain being handled on site would be a tremendous burden on people who build or plan to build. He asked how the Board would intend for people to do this. Hauth stated that usually that is done through leaving enough grass area to hold the water or in some cases possibly build a pond. She explained that this is something that would be proposed by a developer's engineer and then reviewed by the Town's storm water engineer. Hauth also explain that in a case where a lot would be unique and the water could not be handled on site, there is a variance procedure to relieve the owner of that responsibility. O'Neal asked regarding pedestrian access, whether he would be required to build sidewalks. Hauth responded that if the building were taken dawn and rebuilt the sidewalks would be required. O'Neal suggested that a sidewalk master plan be developed. He also urged the Board not to be so specific with the plans and allow for flexibility. Rose stated that he sees the intent of the amendments but sees potential hazards. He stated that he. is not sure that these amendments should apply to GI. He asked that the Boards consider this in their decision making. Hartwell stated that he believed that the proposed ordinance and performance standards are better that what we currently have. He strongly urged the Board to adopt the ordinance. Littman stated that the storm water issue has been of great concern to him for a number of years but does not feel that the proposed ordinance is the answer. Ben Lloyd asked to have the ordinance read "The first half inch of rain shall be handled on- site with either structural or non-structural devises been determined necessary and feasible by the Town Engineer" and "Stormwater control structures shall be designed to accommodate a 10 year event when determined necessary and feasible by the Town Engineer". This would eliminate having to go before the Board of Adjustment. Rose stated that there would be a 30' set -back and adjoining parking lots would not be possible if parking lots are considered a structure. ITEM #2c: Hauth stated that this amendment would create an overlay district and establish standards for non-residential development. Hauth explained how an overlay district would work. This text only creates the overlay district and does not apply to new property. This text meshes with the County's Economic Development District in terms of lowering traffic uses, increasing landscaping requirements, and trying to increase the attractiveness as well as safety of the entranceway. This would be an overlay district which would not necessarily respect property lines. Com. Smith asked for clarification whether 5.23.2.a means that additional right of way will be given to DOT. Hauth responded yes that additional right of way along the primary road of up to 20' if needed to secure Thoroughfare Plan right of way widths. Rose stated that in 5.23.2.a the word shall should be changed to may. He stated he is against 5.23.5.a. There are some very good reasons for wanting to use glass. He also said regarding JPH 4/26/94 pg 3 5.23.5.c requiring a gable or hip roof, there are not any industrial buildings which have gable or hip roofs. They all have a flat roof which is more economical and easier to maintain. Rose questioned whether the entranceway requirements should apply to all districts or selected ones. Rose stated that from a General Industrial standpoint, he is against the ordinance. O'Neal stated that in general he supports the creation of overlay districts. He stated that it is very important to start by laying out the plan for a transportation corridor. ITEM #2d: Hauth explained that this would be another district added to Section 2 which would allow large developments which might be mixed use to come in under a two phase approval process. Hartwell stated that most jurisdictions in the area have such a district. This allows the Town some assurance of how a large development will be upon completion. Hartwell stated his support of this District. ITEM #3a: Hauth introduced the rezoning request of Richard Simpson to rezone 6.7 ac near the intersection of Orange Grove Road from Agricultural Residential to Multi -Family. Simpson did not wish to make a presentation. Hauth noted she had received one written comment against the application. There were no other comments on this application. ITEM #3b: Hauth introduced the rezoning request of Jerry Taylor to rezone .66 ac at the intersection of NC 86 and NC 57 from Neighborhood Business to General Commercial. She noted that this request is in response to the proposed elimination of the Neighborhood Commercial district. There were no comments on this application. ITEM #3c: Hauth introduced the rezoning request of John Wright to rezone 1.43 ac on the south side of Cornelius Street from Neighborhood Business to General Commercial. Wright stated that the businesses in this area outnumber the residential homes. He stated that this property was originally commercial property until the Town annexed it and made the area residential. Kenion stated that it is true that there are a good number of commercial establishments in the area, but every commercial establishment is on the other side of the street or Highway 70. He added that the south side has been a residential site for 160 years or more. He stated that he is against this request being approved. Hauth noted that Kenion has submitted a similar written statement. Wright reiterated that when he moved to Hillsborough in 1962, all of that property along Highway 70 was commercial. ITEM #3d: Hauth introduced the rezoning request of the Orange County Rescue Squad to rezone .6 ac at 261 South Churton Street from General Commercial to High Intensity Commercial. Hauth noted the Rescue Squad's desire to take advantage of the impervious surface requirements of HIC. She added that she had received no written comments. JPH 4/26/94 pg4 ITEM #3e: Hauth introduced the rezoning request of Kentallen to rezone 10.06 ac at 300 South Churton Street from General Commercial to High Intensity Commercial. Hauth noted she had received one written comment in opposition to the rezoning. Neal Littman, speaking for the applicant, stated that this request is made in the context of the proposed changes in the HIC. O'Neal stated that he has nothing to do with this project but is commenting as a real estate broker. He said he believes that this property meets the intent of creating the HIC. ITEM #3f: Hauth introduced the rezoning request of TPI, Inc. to rezone 2.089 ac on Cardinal Drive from General Commercial to High Intensity Commercial. Jerry Gambill spoke on behalf of TPI, Inc. and asked the Board to consider approving this request. ITEM #3g: Hauth introduced the rezoning request of the Economy Motel to rezone 2.54 ac at 1807 NC 86 South from General Industrial to High Intensity Commercial. Hauth said this is a correction to the zoning map. This intersection was zoned GI when it came into the town's jurisdiction. This property and the two service stations were not included in the rezoning request of Cornerstone to be zoned commercial. None of the uses on the Motel site currently conform to GI standards. O'Neal spoke representing Cornerstone Park and stated that it is their intent to also ask for the HIC zoning. ITEM #4: Crowther stated that the Planning Board will meet on May 3rd at 6:30 and will send their recommendations to the Town Board for their consideration at their May 9th meeting. Crowther passed the gavel back to the Mayor. Mayor Johnson closed the public hearing. ITEM #5: Meeting adjourned at 8:25. Respectfully submitted, r onna Ray, Town Clerk