HomeMy Public PortalAbout1.27.1998 Joint Public Hearing Minutes and Agenda'k own
of
ill
Sincz 17
AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD AND PLANNING BOARD
Tuesday, January 27, 1998
7:00 PM, Town Barn
The Hillsborough Town Board will hold a brief regular session meeting before opening the public hearing to
consider item 1.
ITEM #1: Award of bid for construction of reservoir.
ITEM #2: Call public hearing to order.
ITEM #3: Rezoning Requests
a) Request from M.L. Barnes to rezone 44,061 square foot lot at the intersection of NC 86
and I-85 from General Industrial to High Intensity Commercial (4.40.A.19)
b) Request from Richard Simpson to rezone 40,000 square foot lot at the intersection of Eno
Mountain and Orange Grove Roads from Agricultural -Residential to R-20 (part of
4.38.B.24).
ITEM #4: Subdivision Regulation and Zoning Ordinance Text Amendments
a) Amend Section 4 of the Subdivision Regulations regarding street requirements. The
proposed amendments will establish construction standards for cul-de-sacs, spacing of
street intersections, clarify street naming and house numbering, and establish limited
conditions under which private roads may be constructed. The current language relating
to non-residential alleys is to be deleted. Existing text will be reorganized and
renumbered.
b) Request from Holiday Inn Express to amend Section 8.5.d of the Zoning Ordinance to
permit off -premise signs under certain circumstances.
C) Amend Section 19.3 to add a provision specifically authorizing the Zoning Officer to issue
Stop Work orders.
d) Amend Section 19.8 of the Zoning Ordinance to describe conditions under which the
Planning Department may authorize the occupancy of a development before all of the
required improvements have been constructed.
Please call the Clerk or Planning Department if you cannot attend
732-2104 ext. 224 or 228
both lines are connected to voice mail
101 East Orange Street • P.O. Box 429 + Hillsborough, North Caroiina 27278
919-732-2104 • Fax: 919-644-2390
MINUTES
JOINT PUBLIC HEARING
January 27, 1998
PRESENT: Mayor Horace Johnson, Frances Dancy, Richard Simpson, Evelyn Lloyd, Ken Chavious, John
Taylor(PB chair), Richard Bradford, David Daniel, Ed Gill, Jack Hughes, Quanda Turner
PUBLIC: Malina King, Marvin Barnes, Jonathan Butler, Eric Peterson, Margaret Hauth
ITEM #1: Mayor Johnson called the meeting to order and said the bid award would be taken up at the Town
Board's February meeting rather than this evening. He called the public hearing to order and passed
the gavel to Planning Board Chair Taylor. Taylor briefly explained the format and purpose of the
hearing.
ITEM #3a: Hauth introduced the Barnes rezoning request to convert a service station zoned General Industrial
to a convenience store zoned High Intensity Commercial. Barnes described the planned conversion
and their request. Chavious asked whether any auto service or storage would remain and Barnes said
it would not. Mayor Johnson described the need for service stations adjacent to the interstate,
especially ones with extended hours. Lloyd asked if the existing building would be demolished and
Barnes said it would. She expressed her concern about the loss of a service station. Barnes noted
service stations are no longer cost effective and that they would be able to refer travelers to other
nearby garages. Mayor Johnson asked about the underground tanks and the previous spill at the site.
Barnes described the history in detail and said they are continuing the mitigation as required by the
state. He added that the tanks were improved after the spill and the new connecting pipes will be top
of the line in reference to spill protection and monitoring.
ITEM #3b: Hauth introduced the Simpson rezoning request to rezone approximately one acre on the corner from
AR to R-20 to allow for the construction of two houses. She explained the relationship to the
previously approved multi -family request for the remainder of the site. Mayor Johnson asked about
the impact of the road project to align, Eno Mountain Road and Mayo Street. Hauth noted that the
alignment project was removed from the Transportation Plan and is no longer under consideration.
ITEM #4a: Hauth introduced amendments to Section 4 of the Subdivision Regulations to address construction
standards for streets. She noted that right-of-way widths and sidewalks were still under
consideration. She said the Town has been depending on NCDOT review of new streets, since they
are often proposed outside the city limits and begin as state roads. She added that with continued
development and annexation of projects, the town can no longer rely on NCDOT review as they will
not approve municipal streets. She noted that the changes in the driveway section are at the advice
of the Town Attorney to increase flexibility and not force one owner to seek an easement from
another. The section relating to private roads would allow under certain circumstances roads for
which standards exist, but are not permitted under the current regulations. She gave the example of
a property of multiple acres, but with limited road frontage. Such an owner would now be allowed
to divide their property into three lots, if they constructed a private road. Mayor Johnson asked how
this applied to apartments or townhouse developments. She said it would not apply. Multi -family
developments are not subdivisions and are governed by the requirements in the zoning ordinance.
The driveways and parking lots are private, much like a shopping center and must meet different
requirements.
ITEM #4b: Hauth introduced the Holiday Inn Express request for a text amendment to allow off premises signs
and briefly described how the text was written. She drew the members' attention to the three letters
she received in favor of the request. She added the text was drafted to limit its broad applicability
and listed a few properties which it would affect. King spoke as the applicant. She noted she had
17 letters of support from local businesses and offered to read them. She expressed her company's
desire to locate a sign at either McDonalds or the Pantry to direct travelers to the hotel. She said
ITEM #4c:
ITEM #4d:
JPH
1/27/98, page 2
clients routinely express difficulty with finding the site, especially during daylight. She added that the
interstate logo signs are not large enough to successfully route those unfamiliar with the area to the
hotel. Mayor Johnson asked what signs they currently have and the size of a standard freestanding
sign. Hauth said they have a wall sign on the tower of the building which is visible west bound on
I-85. She noted that freestanding'signs are based on road frontage at a rate of 1/2 square foot for
every linear foot of frontage, with set maximums. Lloyd asked King if she envisioned a lighted sign
and King said no. Lloyd asked if a sign would be allowed on the roof of the hotel and Hauth said it
would not. Daniels noted that, when traveling, he specifically looks for the logo signs put up by
NCDOT. He asked if the board could modify this request and approve it with additional limitations
or language. Hauth said the Town Board could. She noted that she received comments relating to
possible changes, but did not include them because this request was privately sponsored by Holiday
Inn. Chavious asked Hauth her opinion of the proposal. Hauth said that allowing off premises signs
opens a Pandora's box because once it is opened, further changes and adjustments continue to open
and increase the flexibility. She noted that she is not aware of another jurisdiction which allows off
premises signs other than billboards and that the Town Attorney expressed concern regarding this
amendment as well. King said current proposed text does limit the use of the off premises signs. She
added, they have no interest in seeing off premises signs in the historic district and would gladly
accept language to that affect. Gill asked if this issue could be handled as a variance rather than a text
amendment. Hauth said the findings of fact for a variance are very difficult to meet and she would
rather consult with the Town Attorney before expressing an opinion as to the viability of that option.
Mayor Johnson described some history of sign regulation in the county and efforts to keep sign
displays from cluttering street sides. The members discussed the difficulty of the site and the need
to balance town values with the needs of businesses to continue.
Hauth introduced the staff proposed amendment to specifically authorize the use of a stop work order
in cases where work begins without a permit, continues after a permit is revoked, or continues in
violation of a condition of a permit. She noted these have been used by staff before and are
mentioned in job descriptions, but not specifically authorized in the ordinance. Simpson asked under
what circumstances a permit can be revoked. Hauth said staff has revoked permits from projects that
are in violation of the permit, like building in the setback, and in some cases where inaccurate
information was provided in order to get the permit.
Hauth introduced the staff proposed amendment to allow the occupancy of buildings without their
full completion. She provided examples of businesses ready for occupancy in August which cannot
plant their landscaping or those ready in January who cannot pave because of wet or cold conditions.
Hauth said this amendment will allow staff to require a financial guarantee of completion in return
for allowing occupancy. She noted the money would be either used by the applicant or the town to
fund the completion of the required improvements. Hughes asked the that the amount and type of
guarantee would be determined by the Planning Director and Hauth said it would. He asked if the
use of this section is also at staff's discretion, so that a property which is truly not ready for
occupancy cannot be occupied and Hauth confirmed that.
Taylor closed the public hearing and returned the gavel to Mayor Johnson. He adjourned the meeting
at 8:05 PM.
Respectfully submitted,
Margar t A. Hauth, Secretary