HomeMy Public PortalAbout4.23.2002 Joint Public HearingTown
AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, April 23, 2002
7:00 PM, Town Barn
ITEM #l: Call public hearing to order.
ITEM #2: Rezoning request from D.M. Brown to rezone 1.2 acres at the northeast corner of
West King St. and West Hill Ave. from R-15 to R-10. This would reduce the
minimum residential lot size from 15,000 to 10,000 square feet (Tax Map
4.27.D.12).
ITEM #3: Zoning Ordinance text amendment to add a Demolition by Neglect provision to
Section 21 to prevent the deterioration of historic structures to the point that repair
is not feasible.
ITEM #4: Subdivision Regulation text amendment to require sidewalks on both sides of
all new streets and on streets adjacent to new development.
ITEM #5: Close public hearing and adjourn.
Please call the Clerk or Planning Department if you cannot attend
732-1270 ext. 71 or73
Both lines are connected to voice mail
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-644-2.3.90
MINUTES
JOINT PUBLIC HEARING
April 23, 2002
PRESENT: Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark
Sheridan, David Daniel (PB Chair), Jim Boericke, Joel Brinkley, Cathy Carroll, Kelly
Hopper, Paul Newton, Chris Quinn, Bryant Warren
PUBLIC: Cathleen Turner, Rick Brewer, Don Belk, Holden Richards, Barbara Church, Delmar Brown,
Del Brown, Hoyt & Margie Crabtree, Holly Snyder, Candice Cobb, Bill Crowther, Louise
Long, Edmund Purcell, George Horton, Jason Mann, Jerry Stone, Sally Boericke, Kim
Shuffler, Ben Lloyd, Lilyn Hester, Rob Shapard
STAFF: Eric Peterson, Demetric Potts, and Margaret Hauth
ITEM #1: Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair
Daniel. Daniel welcomed everyone and briefly described the hearing process.
ITEM #2: Hauth introduced Brown's request to rezone the northeast corner of West King Street and
West Hill Ave from R-15 to R-10. She said the applicant and representing surveyor are
present. She said she got some calls in the office about the request, but no protest petition
was filed. She said the reason for the request stated on the application was to allow the lot to
be divided in to more lots. Quinn asked how many lots could be created. Purcell, surveyor,
said three new lots could be created. Carroll asked about the current commercial use of the
lot as display for used cars. Del Brown, son of applicant, said the display of vehicles is a
grandfathered non -conforming use that will continue as long as his father continues his
business. He added that all of the lots would carry a restrictive covenant that prevents
rezoning to anything other than single family residential. No one else spoke on this item.
ITEM #3: Hauth introduced the proposed demolition by neglect ordinance. She described the basic
provisions and process in the ordinance. She noted it is a tool that has been in use for about a
decade in other cities across the state to help prevent the loss of historic buildings through
abandonment and lack of routine maintenance. Sheridan asked what other towns are using
the ordinance. Hauth said Fayetteville and Raleigh have both had the ordinance for some
time and the draft is heavily based on Raleigh's example. Carroll asked if a similar -sized
jurisdiction could have been used as a model instead. Hauth said she was not aware of a
town the size of Hillsborough using the ordinance. She added that Hillsborough's historic
district is very similar in size to those in Raleigh and Fayetteville, so the example is not too
dissimilar. The members asked questions of clarity to understand the process, opportunities
for appeal, and who made different decisions.
Joe Rees spoke about the ordinance. He said he is generally in favor of it, although it could
use more of an introduction to explain its purpose. He asked whether the Town is also
subject to the ordinance and for an explanation of "certiorari". Hauth said the town would
be subject to the ordinance provisions. She added that "certiorari" is a legal term referring
to the process used and that it is similar to a due process review to ensure due process was
followed.
Turner and Belk, chair and vice -chair of the Historic District Commission read a prepared
statement in favor of the ordinance. They noted that it is a tool of last resort to protect the
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resources in the district. Turner recognized the other members of the Commission present
(Brewer, Church, and Richards).
Bill Crowther spoke in support of the ordinance on behalf of the Preservation Fund of
Hillsborough. He added that this is an important tool to have available.
Ben Lloyd said he is generally in favor of the ordinance. He explained the history of the
vacant gas station he owns and his intent to vigorously market the building for sale and
restoration.
Jason Mann spoke. He said he thought the ordinance started as a good intention, but it went
awry. He expressed concern about overzealous enforcement, the length of time a complaint
could be drawn out, the amount of financial information requested from an applicant, and the
lack of specifics which gives too much latitude to staff and an appointed commission.
Holden Richards, member of the HDC, spoke. He asked the members to remember that the
ordinance is similar to minimum housing code, which is enforced by staff, but acts in a way
to prevent the demolition of historic resources.
ITEM #4: Hauth introduced the proposed text amendment to require sidewalks on both sides of new
streets and on streets accessed by new development. She gave the example of Cornwallis
Hills, which accesses both Old 86 and Oakdale Drive. She said the amendment would have
required sidewalks being installed along the land owned by the subdivision developers. She
said while this creates an interim patchwork of unconnected sidewalks, its one of the
commonly used methods to retrofit an area with sidewalks. There were no comments on this
item.
Chair Daniel closed the public hearing and returned the gavel to Mayor Phelps. The Town
Board members set Tuesday, May 7 at 7:30 PM as their first meeting devoted to the Strategic
Growth Plan. The meeting will be held in the Town Manager's Office. Commissioner Gering
made a motion to adjourn, which was seconded by Commissioner Lloyd. Mayor Phelps
adjourned the meeting at 8:02 PM.
Respectfully submitted,
garet A. Hauth, ecretary