HomeMy Public PortalAbout4.25.1995 Joing Public Hearing.V,
AGENDA
PUBLIC HEARING
HILLSBOROUGH TOWN BOARD AND PLANNING BOARD
Tuesday, April 25, 1995
7:00 pm, Town Barn
ITEM #1: Comments from the Chair.
ITEM #2: Rezoning Request (approx. 7:05)
a) DCA General to rezone 18.59 ac in Cornerstone Park from HIC to GI (TM
4.40.A.8).
b) Town of Hillsborough to rezone lots bounded by I-85, Cates Creek, and
Old NC 86 to EDD, primary.
ITEM #3: Zoning Ordinance Text Amendments (approx. 7:45)
a) Add Sections 2.13 and 5.32 to establish an Economic Development District
and the design criteria for the district.
b). Add Section 2.14 to establish a Planned Unit Development District and the
application procedure.
C) Amend Section 3.5 to change the side setback requirements in R-15
districts from 20 to 15 feet.
d) Add Section 3.10 to create a Temporary Use Permit for specific uses.
e) Amend Section 4.24 to remove the limitation on office uses from the
Conditional Use Permit allowing non-residential uses in certain historic
houses.
f) Amend Section 7.2.2 to delete the overlay height limit within 1250 feet on
Interstate rights-of-way.
g) Add Section 19.5 and Section 3.e of the Subdivision Regulations to require
a Construction Permit for infrastructure improvements.
ITEM #4: Close Public Hearing
ITEM #5: Adjourn
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-2104 9 Fax: 919-644-2390
MINUTES
JOINT PUBLIC HEARING
April 25, 1995
PRESENT: Mayor Horace Johnson, Allen Lloyd, Evelyn Lloyd, Catherine Martin, Richard Simpson,
Remus Smith, Wendy Olson (Chair), Richard Bradford, Louise Long, George Sagar, Jim
Speed, John Taylor, Doreen Tuell, Quanda Turner
PUBLIC: Cheryl Howie, Rick Overton, Juanita Sturdivant, June Haas, Jo Soulier, Richard Allison, Bev
Webb, Jack Smyre, Mark O'Neal, Jim Anthony, Susan Waldrop, George Horton, Margaret
Hauth
Mayor Johnson called the meeting to order at 7:05 pm. He announced the Town Board
public hearing on the Transportation Plan will be held on June 27 at 7:30 pm. He passed the
gavel to Planning Board chair Olson. Olson briefly explained the hearing process.
ITEM #2a: Hauth introduced the DCA General rezoning request in Cornerstone Park. She indicated the
property location on the map, noting that access would be from Cornerstone Court, a new
road to be built. E. Lloyd asked if the recreation area issue discussed with the subdivision
has been resolved. Hauth said it has and the modification would be shown on the yet to be
submitted Final Plat.
Anthony spoke on behalf of the property owners. He indicated that the property is
significantly encumbered by slope and overhead power lines. He said that uses requiring
outside storage are interested in the site and that storage is one of the few activities allowed
under power line rights of way. Anthony added that the sites are buffered from the interstate
and other surrounding properties so that the outside storage will not be a visual nuisance.
ITEM #2b: Hauth introduced the town's request to establish an economic development district on the
properties bounded by Old NC 86, Interstate 85, and Cates Creek. She noted that the town
is requesting the area be designated Primary I, with the required perimeter buffers required
by the design manual. She added that the proposal is identical in requirements and physically
adjacent to the district established by Orange County. She indicated the affected area on the
map and reiterated that this rezoning is at the request of the town, not the property owners.
Anthony asked how this district differs from HIC and GI. Hauth said that the permitted uses
in EDD are roughly a combination of both GI and HIC, but that the design standards for
those that locate in the EDD are more strict. She added there are setback and buffering
requirements, but they are not the same as in HIC or GI.
ITEM #3a: Hauth introduced the design manual text which would be applied to the EDD. She noted the
town is proposing one amendment to the manual which would reduce the landscaping
requirement for those sites which are substantially unforested at the time the district is
implemented. She said this is because much of the land within the district has been cleared
over time and requiring the replanting of these lots is a significant expense. She noted that
most of the EDD designated land in Orange County's jurisdiction is existing forest land.
Howie asked questions related to this amendment for clarification and the amendment was
discussed at length. O'Neal spoke generally in favor of the district.
JPH
4/25/95, page 2
ITEM #3b: Hauth introduced the text establishing a Planned Unit Development District for large mixed
use projects. Smith read the description of open space so that everyone was clear and aware
of the proposal. Hauth said the requirement for active recreation space is the same as other
subdivisions.
Anthony asked if multi -family is allowed by right. Hauth said it is and described the
percentage breakdowns for different densities and said a developer can trade in MF or R-10
for commercial elements. She added the overall density limit is 1.5 dwelling units per acre.
ITEM #3c: Hauth introduced the amendment to reduce side setback requirements in the R-15 district
from 20' to 15'. She noted that the difference between Orange County's R-3 and the Town's
R-15 came to light with annexation into Cornwallis Hills, which is zoned R-3 under the
County. She noted that if the town's setback is not reduced, a large number of non-
conforming lots will be created when the remainder of Cornwallis Hills is annexed.
ITEM #3d: Hauth introduced the amendment to establish a temporary use permit process. She said that
although these uses are not prohibited, there is no formal method for the town to regulate
them. She added that occasionally temporary uses become nuisances. She said that the
proposal is based on Durham's ordinance. Taylor asked if the removal of sales offices from
developments should be required, since it is conceivable one could linger and create an eye-
sore or hazard. Hauth said that could be added. Johnson asked how long temporary is.
Hauth said it is different for different uses.
ITEM #3e: Hauth introduced an amendment to remove the limitation for office uses in the historic house
Conditional Use Permit. She said that a realtor representing a property eligible for this CUP
had requested the amendment and the Planning Board sponsored it.
Webb provided detailed background on the reason the CUP was added to the ordinance. He
also described the ordinances requirements and conditions. He noted that only about 6,
properties are eligible for this permit. He said the intent was to preserve downtown as a
commercial center and to encourage to preservation of the buildings. Board members
discussed the standards applicants would be required to meet, particularly for parking. The
downtown parking issue was also discussed briefly. Overton, a downtown merchant, spoke
in support of the limitation. He said that the downtown merchants have been working hard
of late to encourage tourists to come downtown and visit the stores.
Waldrop spoke in favor of eliminating the limitation. She said she represents the owner
requesting the amendment. She said that the houses he owns have been on the market for
over a year and potential buyers are not interested without the flexibility of leasing the space
as offices. She read a letter from Jack Snipes, one of the owners involved (author's note:
this letter is the in the property file of 131 West King Street).
ITEM #3f: Hauth introduced the amendment to eliminate the height limit in the Interstate overlay district
which is 1250' on both side of Interstates 85 and 40. Smyre provided background
information about were the overlay and height limit came from, how the Triangle J Council
of Governments recommendation was implemented in the region, and how the town's limit
impacts the property he represents.
JPH
4/25/95, page 3
ITEM #3g: Hauth introduced the amendment to establish a Construction Permit. She said this creates
an intermediate step in the review process which increases the developers flexibility and
allows the town to more closely protect its interests. Hauth said that development plans often
change during review and allowing infrastructure to be approved after the site plan is firm
saves time and money without compromising quality. Olson asked if the zoning had to be
in place before the permit could be granted and Hauth said yes.. Hauth added that either a
site plan or preliminary subdivision plat would probably be approved before a construction
permit was issued.
" Olson asked if anyone else wished to speak.
Soulier apologized for not speaking sooner to the Economic Development District question.
She asked members to consider a buffer of secondary uses between the main development
and Old NC 86. Olson asked Hauth to respond. Hauth said that the town's Entranceway
Overlay District could be added, or a secondary buffer. She said it is her opinion that the
design manual for the EDD adequately addresses the concerns Soulier raised. She added that
high traffic independent uses are not permitted in the district. She said it is her opinion that
strip shopping centers are also unlikely in the district.
Allison spoke concerning the EDD as well. He said he concurred with Soulier's comments.
He asked that a secondary buffer be considered to protect the residential neighborhood across
the street (Cornwallis Hills) and to improve safety in the area.
Olson closed the public hearing and returned the gavel to Mayor Johnson. Johnson adjourned
the meeting at 8:40 pm.
11
Respectfully submitted,
Afa�-,Aa�- 40--�
0 Margaret Hauth, secretary