HomeMy Public PortalAboutJuly 22nd Joint Public HearingTown
AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, July 22, 2003
7:00 PM, Town Barn
ITEM #1: Call public hearing to order.
ITEM #2: Rezoning request from Barbara Strickland to rezone 19,680 sf from Residential -
10 to General Commercial (TM 4.8.13.11 & 11 a).
ITEM #3: Zoning Ordinance Amendments:
a. Section 3.4.1, Section 25, and add Section 4.16 to include assisted living and
adult care home in the definition of extended care facility and allow such
facilities within residential districts with a Conditional Use -2 permit.
b. Section 8.17 to allow staff to remove certain non -conforming signs.
c. Section 5.24 to require sidewalk width of 5 feet
ITEM #4: Subdivision Regulation Text Amendments:
a. Section 2, definition of common open space
b. Section 4.6.3, calculation of common open space
c. Section 4.4.3, sidewalk width
ITEM #5: Adjourn
Please call the Clerk or Planning Department if you cannot attend
732-1270 ext. 71 or 73
Both lines are connected to voice mail
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
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MINUTES
JOINT PUBLIC HEARING
July 22, 2003
PRESENT: Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark
Sheridan, Cannie Lloyd, Matthew Farrelly, Paul Newton, Barrie Wallace, Bryant Warren
PUBLIC: Barbara Strickland, Karen Moriarty, Brian Lowen, Geoffrey Graybeal,
STAFF: Eric Peterson, Demetric Potts, and Margaret Hauth
ITEM #1: Mayor Phelps called the hearing to order. He said that the chair and vice -chair of the
Planning Board were both unable to attend the hearing, so he would chair the meeting.
Gering asked to add a brief discussion of the status of the asphalt plant amendments at the
end of the meeting.
ITEM #2: Hauth introduced Strickland's request to rezone about 19,000 square feet from Residential -
10 to General Commercial. She noted the map in the agenda packet indicating surrounding
zonings and that a portion of the property had been purchased as right-of-way to reconfigure
the intersection with Faucette Mill Road to accommodate a traffic signal. She added that
Strickland was present. Strickland said she had no specific plans for the property, but that
she was interested in selling. She said the parcel used to contain a house that was
demolished years ago. She noted that the area is not very attractive for residential
development anymore. Hauth said that General Commercial is a general zoning district and
an applicant need not present specific plans for development. She said the list of permitted
uses was included in the packet. No other speakers were present.
ITEM #3a: Hauth asked that this item be delayed until the applicant arrived.
ITEM #3b: Hauth introduced the text amendment to specifically authorize the removal of non-
conforming temporary and exempt signs. She said she had been collecting signs under the
Town Board's direction for a number of months, but that specifically placing the authority in
the ordinance might provide a better warning/notice. The members noted some of the
violations that have been removed over the year.
ITEM #3c: Hauth introduced the text amendment to designate the width of a sidewalk at five feet and
remove the reference to types of paving in the section requiring maintenance. The members
suggested that also striking the words "not paved" in 5.24.e would add to the clarity.
ITEM #4a&b: Hauth introduced the text amendments clarifying the definition and calculation of common
open space in subdivisions. She noted that the use of the word "lot" had posed confusion to
an applicant. She added that the definition change would clarify what would not qualify as
open space, including drainageways and other undesirable areas. Chavious asked about the
difference between recreation and open space. Hauth said subdivisions were required to
provide both. Open space had not designated purpose and could not be built upon.
Recreation space is intended for active recreation and may contain structures. Applicants
also have the option to donate funds instead of providing recreation space; this option is not
available for open space.
JPH
7/22/2003, page 2
ITEM #4c: Hauth introduced the text amendment to designate the sidewalk width five rather than four
feet, which is a more comfortable width for people passing or walking together.
ITEM #3a: Hauth introduced the text amendments requested by Carillon Assisted Living to allow a
licensed assisted living facility as a conditional use in residential districts. She said she and
Moriarty worked together on the language and drew heavily on the standards from the
special use district. Moriarty arrived and described that her company routinely locates in
residential areas in other jurisdictions because the land with utilities is generally available
there and the neighborhood setting is more conducive. Sheridan asked whether this could be
a special use rather than a conditional use, so the Town Board would be the ones deciding.
Hauth said she was unsure and would have to check with the attorney on how to craft the
language. She also said she was unsure whether that would require further public hearing on
the amendment. Moriarty reiterated her concern with timing to ensure she did not lose her
Certificate of Need exemption from to state to build within Orange County.
Mayor Phelps adjourned the hearing at 7:45 PM.
Gering asked for a status report on the asphalt text amendments. Hauth said the Planning
Board has bee studying the issue since the moratorium was enacted. She said they were
considering whether an outright prohibition was the best course of action of whether to
investigate a technical revision to the ordinance and craft standards that would permit a plant
under certain conditions. She said the members are also interested to see whether Orange
County will work to find a location within their jurisdiction to accommodate the use.
Planning Board members said they struggled with the choice, but were inclined to prohibit
plants and similar uses as being inappropriate in and around Hillsborough. The members
discussed the options and the priorities. Everyone agreed to proceed with an ordinance
prohibiting manufacturing involving petroleum products and continue working on the other
aspects later.
Mayor Phelps adjourned the meeting at 8:15 PM.
Respectfully submitted,
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Baret - Hauth, Secretary