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HomeMy Public PortalAbout1.25.2005 Joint Public HearingTown AGENDA ®1994 Town of Hillsborough JOINT PUBLIC HEARING - HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, January 25, 2005 7:00 PM, Town Barn ITEM #1: Call public hearing to order. ITEM #2: Request from Brent Lockwood to annex approximately 1 acre parcel at 1020 Us 70 A East and zone the parcel Office Institutional for redevelopment (TMBL 4.40.B.5) ITEM #3: Special Use Permit from Housewright Building Company to allow 1000 sf of Sinclair Station (105 W Corbin Street) to be a coffee chop (Restaurant C) (TMBL 4.19.A.11). speakers on this item must be sworn in ITEM #4: Rezoning request from Historic Hillsborough Development Group to rezone 3.34 acres from General Commercial to R-10 on Orange Grove Road (part of TMBL 4.38.13.19). ITEM #5: Subdivision Regulation Text amendment to allow the possibility of wider rights of way if the utilities cannot be accommodated in the minimum width. ITEM 46: Zoning Ordinance Text amendments to authorize the Planning Board to approve its Rules of Procedure. ITEM #7: Zoning Ordinance Text amendments to establish "Homeless shelter" as a permitted use, create development standards and permit the use within residential zoning districts. 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 2 72 78 919-732-1270 • Fax 919-644-2390 MINUTES JOINT PUBLIC HEARING January 25, 2005 PRESENT: Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Evelyn Lloyd, Brian Lowen, Paul Newton (Planning Board Chair), Jim Boericke, Tom Campanella, David Daniel, Edna Ellis, Dave Remington, Barrie Wallace, STAFF: Eric Peterson, Demetric Potts, Bob Hornik, and Margaret Hauth ITEM #1: Mayor Phelps called the hearing to order and passed the gavel to Paul Newton, Planning Board chair. ITEM #2: Hauth introduced the annexation and zoning request from Brent Lockwood for .99 acres on the north side of US 70 A near the Sportsplex. She noted that the requested zoning is Office Institutional to accommodate Lockwood's mortgage and real estate businesses. Eddie Sain, property owner to the north and west spoke about the proposal. He expressed concern about further development in the low area on Lockwood's property, concern about this being the first step toward annexation of his own property, and concern about the manner in which the site is being renovated. Commissioner Gering asked Sain to identify his property on a map and he did. Brent Lockwood spoke on behalf of his request. He said he has begun renovating the structure and removed some trees to allow better vehicle access. He said he plans to create a small parking area north of the existing building. Commissioner Lowen asked Lockwood if he was concerned about the wetness of the property. Lockwood said it drains tot a -pond on the Sportsplex property, so he is not overly concerned. He noted that a site plan for his proposed improvements is being prepared for future town review. Ellis expressed concern that the property eventually drains to the Eno River and that buffers should be required on his property. Commissioner Gering asked whether the underground gas tanks are still on the property. Lockwood said the building was an active gas station from about 1922 through the 1950s. He said two 500 -gallon tanks are still in the ground and empty. He said they have been tested as required by the State and there is no contamination in the ground surrounding the tanks. He added they would be removed during the parking construction. Commissioner Gering asked if they were required to be removed under state law. Lockwood said they weren't so long as there was no contamination. ITEM #3: Newton swore in Hauth. She noted the next item is a Special Use Permit and requires speakers to be sworn in and sign the oath on the podium. She said the request is for a coffee shop or Restaurant C in Suite 100 of Sinclair Station. She said the application include hours of operation from 7 Am to 9 PM, three employees, and seating for approximately 16 people. She noted that coffee would be prepared on site, but the food sold would be prepared elsewhere. Daniel asked about the sign. Hauth noted nothing specific was submitted, but any sign would be reviewed and approved by the Historic District Commission. Ellis expressed concern about the driveway access to Churton Street. She suggested it be marked with "do not enter" so someone does not mistakenly try to enter there. Commissioner Gering asked whether drive -up service was prohibited and Hauth said it was not prohibited to the use, but this applicant was not requesting it so it would be prohibited at this site. Newton swore in Allen Knight, applicant. Commissioner Dancy asked about on site food preparation. Knight said the coffee would be brewed n site, but no commercial stoves or sinks would be installed. He said all the pastry and food items would be JPH 1/25/2004, page 2 prepared elsewhere. Commissioner Lowen noted that the site plan showed a sidewalk and plaza and asked whether that was part of the applicant. Knight said it was part of the original plan, but the lawn and landscaped area was substituted. ITEM #4: Hauth introduced the request from Historic Hillsborough Development Group to rezone 3.34 acres on the north side of Orange Grove Road from General Commercial to Residential 10. She noted the applicant was preset. She said this is a portion of a larger site that is bisected by Orange Grove Road. Chris Wachholz described his plan. He said he and his partner and brother Steve run Cabins Cottages, and Bungalows, a building reconstruction, deconstruction, and salvage operation. He distributed photos of some of his current work in Hillsborough relocating and renovating homes. He said the site is very steep and has a stream along the backside making less desirable for commercial construction and better suited as home sites. He said he would plan to later subdivide the property and use the lots for relocated homes. Commissioner Lowen asked Wachholz to verify the lot size. Wachholz said it is about 3.4 acres. Commissioner Lowen asked Hauth how many lots could be build and she said less than 12, given frontage requirements. Commissioner Gering confirmed that the request is for the north side of the road only and Wachholz said it is. ITEM #5: Hauth introduced a Subdivision text amendment to clearly allow the town to require additional street right of way in cases where all the utilities would not otherwise fit within the right of way. She noted that subdivisions that have state roads and those using swale sections sometimes have difficulty on roads that otherwise could have 50 feet of right of way. She noted that some applicants have substituted additional front yard easement for utilities. ITEM #6: Hauth introduced a Zoning Ordinance text amendment that would allow the Planning Board to adopt their own rules of procedure. She noted the ordinance currently requires the Town Board to approve the rules. ITEM 97: Hauth introduced a Zoning Ordinance text amendment to define homeless shelter as a permitted use and allow their development with site plan approval. She noted that many audience members were present for this item; she would read the proposal in more detail so everyone would be familiar with the proposal. She said the Town had received a request from two citizens who wanted to establish a shelter and the Planning Board agreed to sponsor the amendment on their behalf. She read the proposed definition and the proposed standards a shelter would have to meet. She noted the proposal would allow shelters in residential areas. She said this was a topic of discussion with the Planning Board and a standard was added that only parcels within 1000 feet of commercial or office zoning would qualify in an attempt to ensure shelters were placed in transitional areas where services and or employment would be within easy walking distance for client. She noted that the site plan level of approval is a middle range requirement. She said right permits many uses with a simple permit issued by staff, others require a site plan, and some require a Conditional Use Permit or a Special Use Permit. She noted that the Planning Board also discussed the type of approval in detail. Ronnie Torain spoke on behalf of the text. He said he and his wife plan to open a small shelter in Hillsborough; it is something they've been called to do. He said they have individually housed JPH 1/25/2005, page 3 individuals needing help in their home. He said the statistics say there are only 10 homeless individuals in Hillsborough. He said that statistic misses the people who migrate to the shelter in Chapel Hill, or double up with other family or friends for a few nights at a time. He said they also plan to refer residents to existing services so the shelter is a short-term stop. Sharkita Torain spoke on behalf of the amendment. She said we all know there are more than 10 homeless people in Hillsborough. She said these folks are our friends and classmates and they shouldn't have to leave Hillsborough to get help. Linda Holland spoke. She said she moved to Hillsborough and Fairview 11 months ago from San Diego. She expressed concerns about the current problems in Fairview. She said she lived across from a homeless shelter in San Diego and she was glad to leave the problems that came with it. She said there are enough problems in Fairview with guns, prostitution, drugs, loose pit bulls, and junk and junk cars. She said the same houses that were for sale or rent when she moved her are still on the market. She asked what else a shelter would ring into Fairview. She expressed concern that she cannot leave her neighborhood, because no one would buy her house. Juanita Mitchell spoke. She said she came to Hillsborough in 1997 when she was released from prison. She said she could name 25 individuals who are currently homeless n Hillsborough and she would be one if someone hadn't taken her in. She described many behaviors she engaged in to ensure a place to sleep. She asked the board members to give the homeless some hope by allowing the shelter. Johnny Torain spoke. He said that homelessness is a new concept for North Carolina, but it's been common in other areas for a long time. He said 60% of people are two paychecks from being homeless. He said he is personally homeless by choice, he prefers the outdoors and freedom. He added that homelessness is not a choice for most. Beverly Wallman spoke. She said she has been homeless. She said people need stability to get assistance, and that includes an address to access aid. Reverend Grace Hackney from Cedar Grove United Methodist Church spoke. She urged the members to think carefully about those who are in need of help with a shelter. She said that 80% of people who are homeless are only that way for a few months. She suggested that a well- managed shelter might help alleviate some of the problems the first speaker mentioned rather than adding to them. If people have a choice of how to get shelter, they may choose better options. She noted that homelessness is a silent crisis. She said a shelter does require careful planning and supervision. She suggested that "temporary" be added to the definition to distinguish the shelter form permanent housing. Kathy Alberter spoke. She said she is glad to see the topic come up in Hillsborough. She said that homelessness is a fact and cannot be avoided. She said she works for the literacy Council and she is aware of the house hopping that goes on. She said she understands the concern of neighbors too. JPH 1/25/2005, page 4 Clarence Tony Dillard spoke. His listed his high school and college activities. He said he lives in Fairview and he is working hard with his neighbors to improve the community. He said the Hillsborough police are responsive and it is getting better. He said that is doesn't get a j ob at the new shelter, then he will be there to volunteer every week. He said if one location doesn't work, we'd work to find a location that does. Juanita Mitchell noted that a shelter could put an abandoned building to a good use. Jan Dillard spoke. She said she works for Social Services in another county. She noted that not providing services to people does not make them or their needs go away. Commissioner Gering asked if she could verify that an address is a requirement for assistance. Dillard said she couldn't confirm or deny the statement. She said she works in a different county and works with the foster system. Commissioner Dancy said she is personally aware of the problem. She said she volunteers in Durham and sees a lot of Orange County faces seeking help. Hackney noted that she often is asked where people can volunteer and she has to send them out of the community. Ellis asked about OCIM's programs. T Dillard noted that they are limited in their ability to help. Commissioner Lowen noted that OCIM provides a great ministry, but does not provide housing. Billie Guthrie spoke. She noted that tomorrow is the triangle homeless count day. She noted that effort would not include individuals who are doubled up. Newton closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps adjourned the Planning Board members and convened a Town Board meeting. Mayor Phelps adjourned the meeting at 8:25 PM. Respectfully submitted, wLXL-Iw�� Ir -W V�Vyj M garet A. Hauth, Secretary LF 105 �� Date approved