The URL can be used to link to this page

Home My Public Portal About9.26.2000 Joint Public HearingTown of HiS AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, September 26, 2000 7:00 PM, Town Barn ITEM #1: Call public hearing to order. ITEM #2: Zoning Ordinance text amendments to create a new zoning district called Limited Office and amendments to establish permitted and special uses within the district, permit processes, and development standards. ITEM #3: Zoning Ordinance text amendments to create a new zoning district called Entranceway Special Use and amendments to establish special uses within the district, permit processes, and development standards. ITEM #4: Zoning Map amendment to rezone seven properties affected by the development stay to Limited Office. The affected properties are known as Tax Map 4.40.A.8, 8R, 8V, 9D, 19, 21; 4.45..4C ITEM #5: Adjourn. 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 Carolina 27278 010 799.91/14 . Tins• 010_944_9'20/1 MINUTES JOINT PUBLIC HEARING September 26, 2000 PRESENT: Mayor Horace Johnson, Ken Chavious, Frances Dancy, Evelyn Lloyd, Brian Lowen, Mark Sheridan, David Daniel (PB vice -chair), Pam Blue -Thompson, Jim Boericke, Richard Bradford, Joel Brinkley, Cathy Carroll, Chris Quinn, Bryant Warren PUBLIC: Syd Alexander, Jim Hopper, Jerry Dickens, Bill Anderson, Mike White, Beth Kelly, Michael Gering. Marsha Ferree, Ted Laws, Craig Lloyd, Karen McKinnon, Jim Anthony, Craufurd & Nancy Goodwin, Tom Sievert, Allen Knight, Wesley & Alice Woods, Mark O'Neal, Barry Jacobs, Mark Trustin, Rob Shapard, Kristy Shumaker, Eric Peterson, and Margaret Hauth Mayor Johnson called the hearing to order at 7:00 PM and passed the gavel to Planning Board vice -chair Daniel. Due to the interrelated nature of the three items on the agenda, the members agreed to hear the staff presentation and take public comment on all topics. ITEM #2,3,4: Hauth introduced the creation of two new zoning districts to address the concerns that caused the town to adopt a development stay in the area of the I85/NC86 interchange. She said the workgroup of two county commissioners and two town commissioners has been meeting since February to address concerns about the Economic Development district manual and zoning in this corridor. Hauth said the members agreed to pursue special use zoning as the solution to development pressure in the NC 86 corridor. She said this is a tool commonly used in other jurisdictions. There are no uses permitted by right in a special use zone, all require the applicant to bring forward a site plan along with the rezoning request so that they are reviewed together. Hauth noted that a property couldn't be rezoned to a special use district without the owner's consent. She said that the workgroup recommended the limited office district with some uses permitted by right to replace the current zoning. She said the uses were established because the area could develop under the limit office rules and not strain the current infrastructure in the area, which was a primary concern of the workgroup. Mayor Johnson asked whether the term "public interest" would be more clearly defined. Hauth said it would not because that is a shifting thing that is determined by the policies established by an elected board. She noted that, ion short, the "public interest" is what the elected board determines it to be, not a static definition. She noted that the flexibility built into that term is what gives the elected board more authority with special use zoning than general-purpose districts. Hopper spoke as an affected property owner. He thanked the members for their efforts. He noted his family's ownership history and related expenses in owning 58 acres impacted by the request. He said he is opposed to the down zoning to Limited Office and opposed to the proposed square footage cap of 65,000 square feet for retail establishments. Dickens spoke as one of the partners who have contracted to purchase the property owned by Hopper's family. He noted his firm's concerns about the potential review time of 220 or more days, depending on whether things went "just right". He said the proposed ordinance would generate more than $300,000 of development plan creation cost, which translates to $6,000 an acre. He asked the boards to not rezone the property, but work with his firm as they requested four months ago. He handed out a proposed development plan and briefly walked the members through the plan. Lowen asked the members to concentrate on the public hearing items and not the proposal, which isn't up for discussion. Anderson spoke as Dickens' partner. He provided a brief history of the company history to assure the board they could accomplish a development of this size. He noted his concern that the proposed process is not necessary and that it adds unnecessary JPH 9/26/2000, page 2 time and cost to the project. He passed around a sheet of comments on the ordinance and went through them briefly. He said he and his partner oppose the rezoning and the cap on retail square footage. White spoke on behalf of Southern States who has recently moved into an affected property. He asked the members to consider making some reasonable accommodations in the review process for small businesses who wish to expand. Gering, downtown resident, spoke on behalf of the ordinance. HE said the elected board is entrusted by the public to take the long view of things. He said the ordinance is on the right track and since the development community is upset, with the proposal, its ok with him. He said the proposed ordinance would not keep the right kind of development away. Laws, President of the Chamber of Commerce, said their membership is split on the issue. Many small business owners support keeping the national chains away to protect they business, while those in the service industry would likely benefit from the growth. He said the issue is to let the market decide what uses are appropriate in that location within the framework of fair and consistent ordinance. He offered the Chamber's assistance in continuing to work on the issue. McKinnon, downtown resident, asked the members to consider a different ordinance. She asked them to consider a requirement that for every square foot development and square foot of greenspace is preserve for funds made available to save historic properties. Anthony spoke as an affected property owner. HE noted that the development community does make an investment in the community, in the form of utilities and roads. He spoke against the rezoning and ordinances and reminded members that property values are closely tied to their zoning. He noted that the down zoning was a taking in his opinion that could subject the town to legal conflicts. Craufurd Goodwin spoke. He noted that 15 years ago the town had appointed a committee and worked on the entranceway issues. He said he wished they had come up with a special zoning district then. He added that the character of entranceways have an important impact on the character of the town. He said he is in favor of the ordinances. Sievert, engineering consultant spoke. He noted, sarcastically, that the ordinance requirements are good for him personally since it will mean more business. Daniel asked whether much of the information being requested would be needed anyway. Sievert said it would, but much later in the process, not at rezoning. Knight, affected owner spoke against the proposal. He said he is concerned about the potential loss of value, especially when refinancing. He thought there were other ways to achieve the boards' goal. Woods, downtown business owner, spoke. He said he doesn't see a thing wrong with South Churton Street, and additional businesses are not needed in town. He said he supports the ordinances. JPH 9/26/2000, page 3 O'Neal spoke as a realtor familiar with the affected properties. He said he thinks fear is driving this process. He noted that big issues of transportation, utilities, and what the town really wants to be have not been addressed. He said the public comments from the revised 2010 process said the citizens wanted more retail opportunities. He suggested addressing the issues rather than down zoning properties. Jacobs, workgroup member, spoke in favor of the proposal. He thanked the town board for their support of the process and their participation. He said the issues boil down to 6 "c" words — control, Churton Street, coordination, creativity, character, and clogging congestion). He added that the development community has "spun" the items in a certain way during the hearing and asked members to consider what was said carefully. Trustin, affected owner spoke, agreeing both with Anthony and Jacobs. He said his primary concern is that, due to the short time given, the ordinance will not meet the town's goals. Daniel returned the gavel to Mayor Johnson, who adjourned the meeting at 8:50 PM. Respectfully submitted, -7 /Aox M - �L , "//, M garet A. Hauth, Secretary