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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 JPH 4/23/2002, page 2 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