HomeMy Public PortalAbout10.24.1995 Joint Public Hearinggown
AGENDA
PUBLIC HEARING
HILLSBOROUGH TOWN BOARD AND PLANNING BOARD
Tuesday, October 24, 1995
7:00 pm, Superior Court Room, O.C. Courthouse
ITEM #1: Comments from the Chair.
ITEM #2: Rezoning Request
a) Daniel Boone Companies to rezone 83.67 ac on both sides of South
Churton St. from GC to HIC. This includes Daniel Boone Village, Boone
Square, the ice rink, and the Pizza Hut/Steakhouse lots (TM
4.40.A.33,33a,33d and 4.38.E.6).
b) Wildwood Corporation to rezone 58.18 ac on the west side of NC 86 from
GC to HIC. This property has been referred to as Hampton Pointe (TM
4.45..4c).
ITEM #3: Zoning Ordinance Text Amendments (approx. 7:15)
a) Amend Section 25 to define the following uses: convenience store, motor
vehicle fuel station, motor vehicle maintenance and service, motor vehicle
repair, and personal vehicle sales.
b) Amend Section 3.4 and 4 to permit the uses above in GC and HIC districts
and to establish application requirements for conditional uses.
c) Add Section 7.2.3 to establish a procedure for the Board of Adjustment to
allow reductions in the interstate buffer.
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ITEM #4: Transportation Plan (approx. 7:30 pm)
ITEM #5: Close Public Hearing
ITEM #6: Adjourn
101 East Orange Street 0 P.O. Box 429 a Hillsborough, North Carolina 27278
919-732-2104 • Fax: 919-644-2390
MINUTES
JOINT PUBLIC HEARING
October 24, 1995
PRESENT: Mayor Horace Johnson, Allen Lloyd, Evelyn Lloyd, Catherine Martin, Richard Simpson, Remus
Smith, Wendy Olson (PB chair), Richard Bradford, Ed Gill, Chris Quinn, George Sagar, Doreen Tuell
PUBLIC: Jim Hopper, Dale Brown, Delmar Brown, Graham Bennett, Ernie Rhymer, Jerry Bailey, Eric
Swanson, Paul Koch, Slade McCalip, Margaret Hauth. About 100 additional citizens attended.
ITEM #1: Mayor Johnson called the meeting to order and passed the gavel to Planning Board Chair Olson. She
explained the basic hearing process.
ITEM #2a: Hauth introduced the Daniel Boone Company rezoning request. She said it involves 4 lots, shown
on the overhead, each is currently zoned GC and is requesting HIC. There were no public comments.
ITEM #2b: Hauth introduced the Wildwood Company rezoning request. She noted where the lot is on the
overhead. Myron Martin, Wildwood resident, spoke in opposition to the proposal. He said there are
serious traffic problems existing on NC 86 now, with the truck stop and uses which generate more
traffic are not needed. He explained the difficulties created by the turning trucks and the unpaved lot.
He also said that development here would encourage the construction of Oakdale Drive extension,
which cuts through Wildwood. Don Webster, Wildwood resident, spoke in opposition. He also
noted the slow moving traffic created by turning trucks and the narrow railroad overpass as dangers
existing. Tom Marin, Wildwood resident, spoke in opposition. He said the high intensity uses are
in conflict with the residential area to the south, namely Wildwood. Peter Langan, Wildwood
homeowners association president, spoke in opposition, He said the land in this area has a very high
water table and that further development above Wildwood will worsen their existing stormwater
problems. He spoke in favor of using this area to connect Oakdale Drive extension, creating a service
road for I-85 between the 86s. Tom Greg, Wildwood resident, spoke in opposition. He noted that
the soils in the area are not suited to intense development and the development of the site will
negatively impact Wildwood. Leigh Peak, Wildwood resident, spoke in opposition. She said higher
intensity development so nearby will negatively impact the 170 families who live in Wildwood. Jean
Wakefield, Wildwood resident, spoke in opposition, she asked why the Wildwood streets are not
shown on the map again and how something can be reviewed outside of its context. Ms Lunsford,
NC 86 resident, spoke in opposition. She said the 3 houses adjacent to the property are strongly
opposed it the rezoning. Mr. Gabriel spoke in opposition to the request.
Hopper, owner's representative, spoke on behalf of the request. He apologized for coming in late.
He said the property is currently on the market and the HIC zoning makes it more appealing because
of the flexibility of uses it allows. He said there are no specific plans for the site and asked for the
boards' support.
ITEM #3a&b: Hauth introduced the text amendments which update the definitions of convenience store,
motor vehicle fuel station, motor vehicle maintenance and service stations, motor vehicle repair, and
personal vehicle sales. Without reading the definitions, she explained briefly the
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10/24/95, page 2
differences between the definitions. Hauth also indicated in which districts the uses would be
permitted and described the conditional use permit requirements. She noted that the requirement
about architectural should be removed, on the town attorney's advice and that the driveway section
needs to be more clear. Dale Brown spoke in favor of the amendments. He said that provide
acceptable limitations on the properties owned by his father as well as other local businesses. He
thanked the Planning and Town Boards for their cooperation and assistance.
ITEM #3c: Hauth introduced a text amendment which would allow reductions to the interstate buffer in certain
circumstances. She said the amendment sets up application requirements and allows the Board of
Adjustment to consider the request. She added that Quality Oil approached the Planning Board about
the amendment and the board agreed to sponsor it. Bennett spoke on behalf of Quality Oil and in
favor of the amendment. He said the company has plans to renovate the site, which includes a new
building, but flexibility with the buffer is necessary. He added that there has been very strong local
support for the Bailey family and Quality Oil is making every effort to keep a service station as part
of the plan. He noted that roughly one half of the site would need to be set aside as buffer under the
existing regulations. Anita Langan spoke against the amendment saying that another convenience
store is not needed and that the service station should stay as it is. Norma White spoke against the
amendment. She said the design could be accommodated on the site and outside the buffers and that
the maintenance of the buffer is part of a joint commitment made by the town and county to area
residents. Myron Martin spoke in favor of keeping the Baileys on site. Ernie Rhymer, Quality Oil,
said that the proposed new site plan, even with the buffer encroachment would improve the
attractiveness of the site.
ITEM #4: Olson closed the public hearing and returned the gavel to Mayor Johnson. He called for a brief
recess, after which the Town Board would convene the continued transportation public hearing.
Mayor Johnson called the Transportation Plan Hearing to order and asked staff to briefly explain the
difference between a transportation plan and a transportation priority list.
Hauth explained that a transportation plan is a long range planning document that includes roads,
bicycle, pedestrian, and transit elements. The plan looks 20 or more years into the future and lists
all of the predicted transportation improvements that may be needed in that time period. The
transportation priority list is an annual request to NCDOT selecting projects in a transportation plan
for funding through the state Transportation Improvements Program. She added that TIP projects
have to be part of an adopted transportation plan to receive state funds.
Mike Drowns, chair of the transportation task force, spoke on behalf of the committee and explained
their goal for the plan and their charge. He said the committee agreed to the goal of a safe, efficient,
and environmentally sensitive transportation system for the town of Hillsborough. He added that
many members perceived their charge as addressing the traffic congestion on Churton Street.
Drowns said that the committee agreed to the 10 vote minimum for projects to be recommended, but
that they also felt public comment on all of the projects would be desirable.
Mayor Johnson addressed the audience and asked those who have spoken before to not speak again,
unless they have new information to add. He also said that those who have not spoken before would
be allowed to speak first. Mayor Johnson called the speakers in the order in which they signed to
speak.
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10/24/95, page 3
Oakdale Drive Extension
Tom Gray (Alexander Stewart Dr) spoke, reading letters of opposition from AnnMarie Gray and Betsy Knop,
who were unable to attend the hearing. Gray asked if there is a way for out of town residents to be involved
in town decisions that affect them. Hauth explained the extraterritorial representation on the Planning and
Adjustment boards and said she would send agendas to the homeowners association, if they were desired.
Gray said the agendas would be appreciated and thanked the board for their time. Tina Adams (Alexander
Stewart Dr) spoke in opposition and introduced her two teenage children. She said the road would bring
physical injury to children and other residents. She said she wanted the board members to see their faces and
realize the public would hold the board responsible for deaths resulting from the road extension. Scott Todd
(Alexander Stewart Dr) spoke in opposition. He said the extension would increase traffic at a high speed on
existing narrow streets. He said the road would split the existing neighborhood, increase crime in the area.
He cited these all as negatives. Positives for this road are none. Linda White (Alexander Stewart Dr) spoke
in opposition. She said if the road or rezoning are approved she will be surrounded by things she did not
expect when she purchased the house. She said numerous children in the development enjoy the surrounding
natural areas that would destroyed with either proposal. She also described water problems with her lot and
continuing construction of utilities in the area. She asked to simply be left alone. David Hunt (Alexander
Stewart Dr) spoke against the extension. He said the only thing he had to say for his daughter is that since
the last hearing the road has not been constructed and her dog is still alive. Myron Martin said that when he
was on the town Planning Board, they were proud of their protection of neighborhoods. He said he did not
understand how this extension showed up on the map. He added that both Orange County and NCDOT will
hear from the residents too. Leigh Peak spoke in opposition, noting law research she has recently done. She
said that North Carolina law prohibits a lower land owner from backing water up onto higher land. She
added that if the road is built, the water problems will become worse. She noted that the home owners will
not be able to meet the requirements for a class action suit, and each will be forced to individually sue
Southern Railroad for the water back up. She asked the town board to protect the "little guy" from having
to file so many suits. Peter Langan said he doubted whether any task force members visited Wildwood before
voting on the road. He said Orange County also must improve their codes to correct the problem existing
in Wildwood. Phyllis Archer asked why the streets in Wildwood or the subdivision in general were not
included in the maps presented by NCDOT at the last meeting or those used to indicate the location of the
rezoning request. She said Wildwood is currently a closed community, with very little crime. She said
opening up the community will increase crime, as can be seen in developments in places like Houston, which
are now closing one entrance. Archer asked if the Wildwood residents could stand together to show the
members how many are present. Mayor Johnson said they could stand as they leave.
Old 10/Lawrence Road alignment
John Hartwell (Lawrence Rd) spoke and noted the similarity of this plan with the one done in the 1980s. He
spoke in support of the inclusion of bicycle and pedestrian elements. He said that in the long term he believes
more people will be bicycling. In relation to Lawrence Rd, he and his neighbors are willing to accept their
fair share of traffic but they would be opposed to the use of Lawrence Road as a truck bypass. He added that
the improvement of Lawrence Road would provide access to one of the proposed landfill sites which is
currently not easily accessible from the southern end of the county. Steve Price spoke in opposition. He said
diverting traffic from NC 86 to Lawrence Road is not appropriate. Lawrence Road is predominately
residentially developed.
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10/24/95, page 4
Elizabeth Brady Road extension
Norma White spoke on behalf of the Orange County Preservation Commission. The Commission's mission
is to identify, record and protect the historic buildings in Orange County, both the humble and the elegant.
This charge includes landscapes and historic roadbeds. She said the commission wants to go on record in
opposition to the extension of Elizabeth Brady Road. She said the opposition is based on the impact on the
Ayr Mount site, including its viewshed and its impact on the Eno River Valley basin. Two great treasures
of Hillsborough. Dwight Morris, business owner on Brady Road, spoke with concerns about the road. He
said he has recently purchased a building on Brady Road to expand his business. He said he has looked at
the proposed corridor for the road significantly impacts is site. He said it removes almost all of his existing
parking and makes the site very difficult to continue to use and impossible to expand. Crufurd Goodwin (St.
Marys Rd) spoke in opposition, emphasizing 3 points. He said the greenway created by the river going
through town should not be ruined by a road crossing. He added that this road is meant to only solve
Durham's traffic problems, not Hillsborough's and that this road is too close to truly function as a bypass.
Cathleen Turner acknowledged the traffic congestion in Hillsborough, but also expressed concern about the
natural environment will impact. She also expressed concern about the impact of this bypass on the future
of St. Marys Road as well. Bill Crowther noted his concern for this route providing relief to Durham. He
said he resented NCDOT building a model of a route not recommended by the committee. He said the focus
and life blood of the town is the river and this road ruins the tremendous resource. Cy Hogue spoke against
the proposal, noting significant impacts of constricting the floodplain. He said there are 7 existing bridges
across the river and that is a significant intrusion into the river valley. This road will destroy the park
possibilities discussed earlier. He explained different traffic patterns and said future development patterns
do not support the use of Brady as a bypass. Ken McFarland spoke in opposition. He said Hillsborough has
an enviable number of natural and historic resources. He said Ayr Mount is the crown jewel so to speak and
is greatly increasing the name recognition for Hillsborough throughout the nation. He said this resource must
be protected rather than winging the goose that lays the golden egg. John Kennedy said that traffic on
Churton Street is not the town's biggest problem. He said the problem is doing what is best for the entire
town, and Brady Road, which is the quick solution, is not the wise solution. He said the current plans for
the local river valley is equal to Central Park for New York City. He encouraged the Hillsborough Town
Board to be a stubborn about crossing the river again as the New York City Council was about protecting
Central Park. Mike Drowns spoke in favor of Brady Road. He said crossing the Eno River is inevitable.
He said the current 70 bypass bridge does not seem to bother the wildlife in the area. He said a pedestal
bridge crossing to the east is the least damaging to the environment as well as being the most direct and least
expensive. He explained why a western route is not as desirable to travelers. He asked whether it is fair to
sacrifice the entire downtown for one house. He said the impact of Churton Street traffic will be felt by all
in 10 more years. He added that with proper design, Ayr Mount can be protected. He used the example of
Monticello as a historic site within site of major roads. He added that no matter where a bypass is built,
someone will be impacted and other routes have much greater impact on people's everyday life than Brady
Road. He also discounted the use of Brady by Durham and Treyburn traffic due to costs in Durham. Scott
Ray spoke in favor of Brady Road. He read over a list of advantages and disadvantages for Brady Road
prepared by property owners along Lawrence Road. He asked the board members to support Brady Road
so that this discussion would not have to be held again when his generation inherits these concerns. He asked
that the removal of Brady Road also include the removal of any other eastern bypass.
LawrenceBaldwin Rd alignment
Northside Drive
no comments
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10/24/95, page 5
Western Bypass
Jane Gaity spoke in support of the Western Bypass. She said that NCDOT must have built the model of
Brady Road so that everyone could see what a horrible mistake the road is. She added that she was also
concerned about the use of Lawrence Road as an eastern route. She spoke strongly against Brady Road
extension and the widening of St. Marys Road.
King Edward Rd Extension
Nash StlDimmocks Mill Rd intersection improvement
Mayo StlEno Mountain Rd alignment
US 70 business extension
Shawnee Dr extension
Nash St -vertical alignment
Widen old NC 86
Widen NC 86
Widen US 70 business
no comments
Widen US 70 bypass
Dorothy Holloway (US 70 West) spoke against this proposal. She said the Eno River is just a beautiful and
valuable west of town as it is east of town. She referred to a petition she had submitted at the September
hearing opposing the widening. She said the number of businesses and homes impacted by this widening is
much greater than Brady Road. She said the impact to the Holloway house is significant and she is concerned
about that since it is her home. She said the only solution to the traffic on Churton Street is Elizabeth Brady
Road because no one will travel to Efland for a bypass.
Widen St. Marys Rd
Norma White spoke against the widening on behalf of the Orange County Preservation Commission. She
said the road is part of the historic trading path that goes through this area. The Commission is working with
Durham's commission and the State Historic Preservation Office to have the route designated as a historic
site. She said she personally agrees with earlier statements that this route will be used to relieve northern
Durham's congestion, which is supported by NCDOT's own traffic study.
Wendy Olson spoke about the plan generally. She asked the board to give the non -road portion of the plan
and include bike and pedestrian projects in the town's improvement plans. She spoke about the NC 86/US
70 bypass intersection in particular. She said improvements to this intersection for vehicles will make it
almost impossible for the non -motorized public to cross the intersection. She said those who do not, should
not and cannot drive must also be given access to public rights-of-way.
There being no further comments, Mayor Johnson closed the hearing and adjourned the meeting.
Respectfully submitted,
Margarit A. Hauth, Secretary