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Home My Public Portal About4.24.2001 Joint Public HearingAGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, 3a�3', 2001 A I I p?T 7:00 PTown Barn ITEM #1: Call Town Board public hearing to order. ITEM #2: Consideration of closing the unimproved portion of Hayes Street between Sunset Circle and Latimer Streets. ITEM #3: Call Joint Public Hearing to order. ITEM #4: Request from M.L. Barnes to rezone 44,061 sf at the I-85/NC 86 interchange from Limited Office to High Intensity Commercial (Tax Map 4.40.A. 19#) ITEM #5: Amendment to Section 4.13.2 of the Zoning Ordinance to delete section "d" which requires day care lots to be twice the minimum size in the zoning district. ITEM #6: Amendment to Section 25 of the Zoning Ordinance to amend the definition of "motor vehicle fuel station" to indicate the maximum number of vehicles served in the HIC district as 9. ITEM #7: Amendment to Section 4 of the Subdivision Regulations to add new Section 4.4.3 to require sidewalks and walkways in subdivisions. Please call the Clerk or Planning Department if you cannot attend 732-2104 ext. 224 or 228 Both lines are connected to voice mail zs,14, CA (��'(� 32 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 �/�" 417-7?9-91n4 • Fay- 419_644-9R9n MINUTES JOINT PUBLIC HEARING April 24, 2001 PRESENT: Mayor Horace Johnson, Ken Chavious, Frances Dancy, Evelyn Lloyd, Brian Lowen, Mark Sheridan, Ed Gill (PB Chair), Joel Brinkley, Cathy Carroll, Chris Quinn, Pam Blue - Thompson, Bryant Warren PUBLIC: Elaine Parker, Felicia Wright, Veronica Wright, Paul Stephenson, Richard Shaw, Cannie & Bob Lloyd, Sandy & Brian Phelps, Steven Landon, Bob Homik, and Margaret Hauth ITEM #1: Mayor Johnson called the hearing to order at 7:02 PM. ITEM #2: Hauth introduced the request to close the unimproved portion of Hayes Street between Sunset Circle and Latimer Street. She said the neighboring owner approached the Town with the request to address title concerns on their property. She noted that the improved Hayes Street was built in the late 1960s by NCDOT without the benefit of recorded right- of-way and the right-of-way under consideration for closing was never closed. Chavious asked how the land would be divided if closed. Hauth said State law requires % of the width to go to the adjacent owners on each side, unless another arrangement is met. S Phelps provided photos from when the old right-of-way was used. The photos show a dirt path. She added that when the new road was built, her family was told that the rights-of- way would be evenly traded, i.e. the old road would be closed and returned to them and the new right-of-way recorded. This never happened. Hornik stated that the town's concerns are whether the closure creates a conflict with a public interest (does the town want the right-of-way for some purpose) and whether there is a loss of access to abutting properties. Hauth noted that the two lots that would appear to be made land -locked by the closure have recorded easements across the Phelps property to access Hayes Street and the driveways exist. Landon said he owns an ad j scent property that also has access to Sunset Circle. He said he came to the hearing because he was curious on how the situation would be resolved. He said there is an existing fence that encloses the right-of-way as part of the neighbor's yard. He asked how that would be resolved. The Board members suggested that the neighbors work out an agreement and propose a solution to the Board. Mayor Johnson closed the Town Board public hearing. ITEM #3: Mayor Johnson passed the gavel to Planning Board Chair Gill. Gill called the joint public hearing to order at 7:20 PM. ITEM #4: Hauth introduced the Barnes rezoning request for 44,000 square feet at the I-85/NC 86 interchange. She said this property was included in the downzoning to Limited Office for the Entranceways and Barnes had elected to take advantage of the offer of a no -cost rezoning request. Barnes spoke on behalf of his proposal. He said that the station and convenience store had just been rebuilt. Being at the interchange, commercial uses like his are the best use for this small parcel. He expressed concern about being non- conforming, both from a use and lot size. He said that would limit his expansion possibilities. He also noted that it would be unlikely that anyone would want to build an office building on his site. Hauth noted that there are provisions for expansion of the building without significant review. She also noted that rezoning to Entranceway Special Use was also possible if expansion was needed. Sheridan said that the area was downzoned so that when redevelopment proposals come forward, the Town Board has more control and impact on the design and appearance of the property. JPH 4/24/01, page 2 ITEM #5: Hauth introduced the text amendment proposal to delete the requirement for a day care center to have twice the minimum lot size. Hauth noted that the State department that monitors day care centers does not have this requirement. She aid that currently, centers with less than 5 pre-school children are handled as home occupations. Once a center has more than 5 pre-school children, the Conditional Use Permit requirement for a center is triggered. The process and requirements are the same for home centers and independent centers. Conditional Use Permits are reviewed by the Board ofAdjustment, after a public hearing. Brinkley asked if there is a size limit to centers. Hauth said there are not, except the state limits in-home centers to 12 children. Parker said she requested the amendment to allow her current tenant to expand her business. V. Wright spoke for her sister who had to leave. She said the center would remain a home center with no more than 12 children. Carroll asked the size of the two lots Parker owns. Hauth said she did not know and would provide that information at the Planning Board meeting. ITEM #6: Hauth introduced the text amendment proposal to change the maximum number of vehicles served from 8 to 9. Hauth said she was unsure of the intent of the limitation, unless it was aimed at limiting truck stops. Stephenson, from Cary Oil, spoke on behalf of his request. He stated that their intent is to convert an existing kerosene pump to diesel due to the requests they have received from customers. C Lloyd noted that no station on the north side of town provides diesel and that requires delivery trucks and diesel passenger vehicles to go through town to get fuel. She noted the only change someone would see at their location on 86 would be the longer hose on the existing pump; no other changes would be needed. ITEM #7: Hauth introduced the text amendment proposal to require sidewalks or walkways in new subdivisions. She said the ordinance provides the option of a standard concrete sidewalk or another alternative to provide flexibility. She said those developments in the ETJ would not necessarily be required to build sidewalks because the town would not be accepting maintenance responsibility for sidewalks outside the city limits. Lowen indicated his support for this proposal. Carroll asked how this would impact an existing vacant lot or a house that builds an addition. Hauth said this requirement is triggered at the subdivision stage only, so existing lots will not be required to build sidewalks. Shaw spoke in favor of the proposal. He said he feels luck to live in town where he can walk his daughter to school. He encouraged the Board to make this opportunity available to more people by requiring new developments to build walkways. Gill closed the public hearing and returned the gavel to Mayor Johnson. Mayor Johnson reminded everyone of the public forum to be hosted by the Chapel Hill Herald in the Battle Courtroom on May8 at 7:OOPM and adjourned the meeting at 8:05 PM. Respectfully submitted, arg t A. Hauth, Secretary