HomeMy Public PortalAbout7.23.2002 Joint Public HearingTown
of
Hills
AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, July 23, 2002
7:00 PM, Town Barn
ITEM #1: Call public hearing to order.
ITEM #2: Rezoning request from Wes Cook to rezone 7.52 acres from Agricultural -
Residential to Residential 20 (20,000 sf minimum lot size). The parcel is located
on the east end of Tuscarora Drive and is known as TM 4.37.C.2 and 2a.
ITEM #3: Rezoning request from Old Mill Properties to rezone 28.5 acres from EDD
Secondary to EDD Primary. This property is located between Old Mill Business
Park and I-85. The rezoning request does not affect the land between Cates Creek
and Beckett's Ridge that is not located in the town's jurisdiction. Part of TM
4.40.A.22.
ITEM #4: Zoning Ordinance text amendment to add a Prevention of Demolition by
Neglect provision to Section 21 to prevent the deterioration of historic structures
to the point that repair is not feasible.
ITEM #5: Zoning Ordinance text amendment to add a Life Care Special Use Residential
District creating a new special use zoning district to address the special concerns
relating to the development of range -of -care retirement living arrangements.
ITEM #6: Proposed Adequate Public Facilities Ordinance and Memorandum of Agreement
with Orange County and the Orange County School Board to affect the timing of
new home construction.
ITEM #7: 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
919-7.32-1270 • Fax .919-644-2.3.90
U11
REZONING REQUEST
HILLSBOROUGH, NC
Project Title: Old Mill Business Park (phaseII) 4 40 A 22
Tax Map
Owner Old Mill Properties, LLC
Address PO Box 1904, Greenville, NC 27835 Phone (252) 752-4122
Applicant Mark O'Neal c/o Pickett -Sprouse: Real Estatehone (919) 493-0395
Address PO Box 52118, Durham, NC 27717
Surveyor/Engineer Sear -Brown Phone (919) 732-3883
Address 1000 Corporate Dr.. Suite 101,__ Hillsborough, NC 27278
Location/Streets accessed Millstone drive & Beckett' s
Current Zoning_ EDD -Seconder Proposed Zoning EDD -Primary
Acreage to be rezoned 28.5 +/- Dimensions 1800' x 6901
Water/Sewer/Septic providers, Hillsborough - water septic - sewer
Structures: Existing Proposed
Critical areas: Flood Drainage/stream x Pond
Steep slopes CemeteryEasements
Historic Other
Reasons for requesting the change (See Section 20.3.2):
Error:
Changing Conditions:
Other: The Town of Hillsborough does not want residential development in
the EDD area. Office development is not economically viable on the
entire 34.4 acres. (RCQtA. S/- d0ja -S A,107' 1;t�C11L %E VE -19 15gs� %Cf&
I certify that I am the property owner or truly represent the property owner and that the information provided
above is correct.
6 / 5 /02
Date
Requirements for Public Hearing
Survey showing: Deed copy
100' = I " to 20' = I " scale X Fee $200
Existing structures
Critical areas (above) .
Rights-of-way and width
Driveways (existing and new)
Other
MINUTES
JOINT PUBLIC HEARING
July 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, Bryant Warren
PUBLIC:
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 the rezoning request for Wes Cook to rezone acres at the end of Tuscarora
Drive. She said a protest petition had been submitted on this application, copies were at the
members seats, and the petition did meet the General Statutes requirement to trigger a 3/4
majority vote should the Town Board chose to approve the request.
Barry Brown spoke against the proposal. He said he is a teacher in Chapel Hill and a 15 -year
resident of Hillsborough. He said the density increase would negatively impact the quality of life
and property values in the neighborhood. He added that the applicant knew how the property was
zoned when he acquired it. Ann Brown spoke against the proposal. She said she collected most
of the petition signatures. She noted her concern is for the traffic that will be added to the
neighborhood since Tuscarora is the only access for this property.
Bill Crowther spoke on behalf of the Classical American Homes Preservation Trust. He said he
was neither in favor nor opposed to the application. He noted that his interest is in the house on
the property that served as the original office of Occoneechee Farm. He said Cook had the barn
building burned. Crowther asked whether this property was subject to the Town's preservation
ordinance. Commissioner Sheridan asked Crowther about the easement showing on the map. He
asked whether it's a formal easement and whom it benefits. Crowther said there is a road that
served as the entrance to the Speedway. Use of the road by occupants of Cook's property has
been allowed, but there is not a formal easement and the use will likely cease if the house is
destroyed.
Earl Byrd spoke. He said he is a 40 year resident of Tuscarora Drive and he is happy and relieved
that Cook purchased the property. He said he appreciates his new neighbors on Saponi Drive,
although he was originally concerned about the development going in. He said the children in the
neighborhood are delightful. He thanked Richard Jenrette for restoring Ayr Mount. Byrd
suggested that access using the "racetrack road" would create a positive solution because Mr.
Cook could develop his property and Tuscarora Drive would not be impacted with traffic.
Michael Gay in opposition to the proposal. He said he instigated the petition although Ms Brown
did the signature collection. He said he is concerned about unsafe traffic access through the stone
gate. He also said the runoff in the area has increased and is visible in the two un -built lots in
River Bend. He passed around a map of the National Register Historic District, which includes
the Tuscarora neighborhood adjacent to this parcel. He said he has been reviewing the law
surrounding spot zoning and suggested that this request could fall in that category since the
JPH
7/23/02, page 2
request for increased density could have a negative impact on surrounding properties. He noted
that the elected board could vote to rezone properties the request was in the interest of public
health, safety, morals, and welfare. He said that if the Town Board approved this request, they
would be substituting their judgment for the neighborhood's.
ITEM #3: Hauth introduced the rezoning request Old Mill Properties to rezone about 28 acres from EDD -
Secondary to EDD -Primary. She noted this is the same property that requested annexation as Old
Mill Ridge, but was denied. She added that the approximately 5 acre portion of the site between
Cates Creek and Beckett's Ridge was not included in the request because it is not within the
Town's jurisdiction. Commissioner Chavious asked the difference between the two EDD zones.
Hauth said that Secondary allows office or residential uses; while Primary allows light industrial,
office and service uses like are currently seen in the Old Mill Business Park. Residential is not
permitted in Primary and Industrial is not permitted in Secondary.
Mark O'Neal spoke on behalf of the application. He said that for this site to be developed 100 %
office is not realistic in the current market. He added that in his opinion the land is best suited for
residential development, but in response to the board's request, the Old Mill model, which has
been successful is proposed. He added that at this time no development is proposed east of Cates
Creek, but they may look to locate some residential development there in the future. Brinkley
asked for more precise acreage on what is "out" of the proposal. Kelly Barnhill said 5.9 acres.
Newton asked what type of residential is planned between the Creek and Beckett's Ridge.
O'Neal said they don't know yet, it may depend on the perk -ability of the soil, but that is not part
of this request. Commissioner Chavious asked if the current pattern in Old Mill would be
continued. O'Neal said it would, looking at building sites between 1 and 4 acres.
Margaret Cloud, resident of Beckett's Ridge spoke. She said she is still unsure about the
development of this parcel. The use of Beckett's Ridge Drive for commercial traffic is a concern.
Commissioner Chavious asked about truck limitations. Hauth said that Beckett's Ridge Drive is
a town street and the town can restrict through trucks and speeds on that street. She noted that
interstate access is more convenient to the west than to the east, so a restriction would likely not
be an imposition on the commercial traffic.
Commissioner Sheridan asked about permitted uses in EDD -Primary. Hauth said a wide range of
light industrial uses; service and office uses are all permitted. She added that the district is more
performance based than use -based. If a use is willing to comply with the design standards, they
can locate in the district. Individual site plans are reviewed and approved by staff. The Planning
and Town Boards would likely see a subdivision request to create the lots. O'Neal added that the
parcel naturally break into about three development areas.
ITEM #4: Hauth introduced the second hearing on the proposed prevention of demolition by neglect
ordinance. She briefly described the process proposed and other background information. Hauth
noted one correction to the information sheet she included in the packets. Legal authority to
adopt this type of ordinance was granted by the state in 1989, not 1991.
Cathleen Turner spoke in favor of the ordinance. She read highlights from a written statement.
JPH
7/23/02, page 3
She distributed a petition signed by district residents who support the ordinance. She added that
this ordinance might also help identify those homeowners who need financial assistance so that
help can be made available to them from existing sources. Elizabeth Woodman spoke in favor of
the ordinance. She said that the ordinance addresses both the concerns of an individual property
and of the town as a whole. She said that properties don't exist in a vacuum and are impacted by
the lack of maintenance of a neighbor. She said that historic preservation does not hinder growth
it is a form of economic development. She added that this ordinance not only makes good
business sense, but it is responsive to the neighborhood.
Bill Crowther spoke on behalf of the Preservation Fund. He said the ordinance focuses on the
contributing structures; those that help make Hillsborough important. He added that now is a
good time to take another step to reinforce the preservation community in this town. He asked
those in the audience in favor of the ordinance to stand. Don Belk spoke in favor of the
ordinance. He said that public review of ordinances is a great American trait and commented the
board for the second hearing. He said that the ordinance spells out a process for those who want
to demolish a building and adopting this provision helps ensure that provision is followed rather
than allowing neglect as a loophole.
Paul Newton spoke as a citizen. He showed a PowerPoint presentation (attached). He noted that
his concern is with the methods in the ordinance, not the intent of the ordinance. He said that the
current minimum housing code may be able to address many of the concerns and an alternative
would be to enforce the ordinance we have, rather than adopting a new one.
Barbara Church attempted to show slides of houses demolished over the years by neglect. The
slide projector bulb was broken, so she described the houses instead. The houses lost since the
1940s include: the Nash House in the 1940s where the former Southern States building is, Dr.
Strudwick's house in the 1960s. Annie Anderson's house, Annie Cameron's house at the corner
of Wake and Queen in the 1960s, and the Grove. She added that the consultants listed in the
ordinance are mostly available without cost to the town through the state Historic Preservation
Office and local professionals who live in town. Cannie Lloyd asked who would pay for the
consultants, if needed and Hauth said the Town would. Hopper asked for clarification that
consultants could be available for no cost. Hauth and Church confirmed that.
Jason Mann spoke in opposition to the ordinance. He said the ordinance will not carry out its
intent and he is opposed to it. He thanked Newton for his presentation about "holes" in the draft.
He said at previous hearings staff had stated only about 300 structures would be impacted. He
said based on his copy of the inventory, 600 structures are currently listed as contributing and that
number can grow over time. He agreed with Newton that the ordinance is very similar to the
Minimum Housing Code. He expressed concern about volunteer boards being invested with too
much authority to enforce this ordinance. He said there are no written standards for the economic
hardship findings; fines could be levied (that would be counterproductive); and the appeals
process is not real because the decision cannot be overturned.
Jerry Stone spoke in opposition to the ordinance. He said this ordinance goes beyond the
standard police power and violates the constitution. He added that the inventory lists lots or
structures as contributing that don't meet his definition of historic.
JPH
7/23/02, page 4
Ben Lloyd spoke. He updated the members on the former gas station. He said it is for sale and
all the dangers have been removed. He said he expects a letter from EPA any day clearing the
site of the need for further clean up. He said he likes the "good faith" clause of the ordinance and
suggested an exemption for properties for sale from this ordinance.
Rick Brewer spoke in favor of the ordinance. He said as a resident and property, he supports the
ordinance because it helps protect the investment he has made in his home. As a member of the
HDC, he supports the ordinance because it is a tool they need to address complaints. On behalf of
commercial interests in town, he read a letter submitted by George Horton favoring the ordinance.
ITEM #5: Hauth introduced a text amendment to add a mixed residential district to the ordinance. She
added this is the text in response to the request at the last hearing to build a retirement village,
which the current ordinance could not accommodate. She said the ordinance has been worked on
since April and allows for a range of housing types and assistance types. She said this district is
similar to the entranceway special use district in that the applicant would bring both the rezoning
request and site plan forward at the same time. Commissioner Sheridan suggested alternate
language to ensure the mix of unit types appears. Shelly Crane spoke on behalf of the applicant.
She said Ron Dorrestein who has been working on this was out of town, but the ordinance is
acceptable to their clients. Ben Lloyd spoke about the need for a senior development to provide
local, affordable options. He said there are two types of people who might oppose this ordinance
— those who never plan to be old and those who have no regard for the elderly. Wesley Woods
relayed the difficulty he has had recently finding a place for his mother who requires very limited
care. He said it took 6 months to find a place and a more local solution is needed.
ITEM #6: Hauth introduced the memorandum of agreement and ordinance amendments for an Adequate
Public Facilities Ordinance. She described the basic premise of the ordinance and agreement and
how each would work. Commissioner Chavious asked if Chapel Hill and Carrboro have signed
on. Craig Benedict said they have agreed to the memorandum, but the versions are slightly
different and need some resolution. Mayor Phelps asked about the concerns reported by the
Orange County School Board. Benedict said those were related to student projection methods
and the committee is still working to address those. Benedict added that the documents include
an appeal process that includes the local decision making boards rather than appearing to give the
school board land development authority. He said if there is any question about whether a
certificate should be issued, the local board will make the decision. Holly Reid spoke in favor of
the ordinance. She said that in light of the large developments pending approval ,this is an
important tool to have available.
There being no further comments, Chair Daniel closed the public hearing and returned the gavel
to Mayor Phelps. Mayor Phelps adjourned the meeting at 9:23 PM.
Respectfully submitted,
&,,,, , M �,
Mariaret A. Hauth, Secretary
97/12/2002 11:32
9196442390 TOWN HALL PAGE 02
Protest Petition
Submitted to the Town of Hillsborough
We, the undersigned property owners in the vicinity of the noted
rezoning request are opposed to this request and have filed this petition
in an attempt to have it qualify under G.S.160A-385.
Rezoning Request (applicant and location) %%
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97/12/2002 11:32 9196442390 TOWN HALL PAGE 02
Protest Petition
Submitted to the Town of Hillsborough
We, the undersigned property owners in the vicinity of the noted
rezoning request are opposed to this request and have filed this petition
in an attempt to have it qualify under G.S. 1b0A-385.
Rezoning Request (applicant and location)
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