HomeMy Public PortalAbout1.18.2007 Planning Board Minutes and AgendaTown
01994 Town of Hillsborough
ITEM #1: Call to order and confirmation of a quorum.
AGENDA
PLANNING BOARD
Thursday, January 18, 2007
7:00 PM, Town Barn
ITEM #2: Adoption of minutes from November 7 and December 5, 2006 meetings
ITEM #3: Additions to the agenda & agenda adjustment.
ITEM #4: Committee reports and updates
• Board of Adjustment
• Parks and Recreation Board
• US 70/Cornelius Street Task Force
ITEM #5: Discussion of draft Strategic Growth Plan
Action requested: Discussion and/or recommendation to Town Board
ITEM #6: Discussion of text amendments to update the Flood Damage Prevention
Ordinance in compliance with new state requirements
Action requested: Discussion only
ITEM 47: Adjourn
Please call the Planning Department if you cannot attend.
732-1270 extension 73 (this line is 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
PLANNING BOARD
January 18, 2007
MEMBERS PRESENT: Chair Matthew Farrelly,
Newton, Eric Oliver, Dave Remington,
ABSENT: Neil Jones, absence excused.
STAFF: Margaret Hauth, Bob Hornik_
Tom Campanella, Edna Ellis, Kathleen Faherty, Paul
Toby Vandemark, and Barrie Wallace.
ITEM #1: Call to Order and Confirmation of a Quorum.
Mr. Farrelly called the meeting to order at approximately 7:03 and confirmed a quorum of
the Planning Board.
ITEM #2: Adoption of Minutes from November 7 and December 5, 2006 Meetings.
Mr. Remington said on page 10 of the November 7 minutes, the motion was to recommend
denial to the Town Board. Mr. Oliver said that on the vote on that page, he had voted no.
MOTION: Mr. Newton moved to approve the minutes as amended.
SECOND: Ms. Vandemark.
VOTE: Unanimously approved.
ITEM #3: Additions to the Agenda and Agenda Adjustments.
No adjustments or additions to the agenda were noted.
ITEM #4: Committee reports and updates.
Board of Adjustment. Ms. Wallace noted the BOA had recommended approval of a minor
site plan for the Weaver Street Market at the Hillsborough Business Center. She said they
were still working on the Cardinal State Bank on South Churton Street, noting the BOA was
concerned about where they were locating the ATM machine as well as some driveway
issues. Ms. Wallace said the BOA was continuing to work on the site plan review for the
Orange County office complex downtown, noting there were concerns about the crosswalks,
traffic, and stormwater. She said they had also recommended getting an additional BOA
alternate.
Parks and Recreation Board. Ms. Hauth said Sig Hutchinson had attended the December
meeting and provided a presentation on the importance of greenways. She said they
continued to work on the master plan update, and had this week worked through some
recommendations on active sports complexes and greenways. Ms. Hauth said they would
not see the Waterstone Park at the hearing next week, since that projected had been slowed
due to the untimely death of Charlie Berger who was the consultant on that project. Mr.
Oliver stated that at the last Parks and Recreation Board meeting Mr. Potts had shared the
sidewalk plan and explained the four phases. He asked was it possible to get the "pdi"
version of that plan as it now stood sent to the Board. Ms. Hauth said she would make sure
that was done.
US 70/Cornelius Street Task Force. Ms. Vandemark said they now had a draft document
that they would comment on and send those comments to the Planning Department. She said
it would be presented to the public in February. Ms. Vandemark said there were 35-40
recommendations regarding traffic, crime prevention, and others.
Staff Update: Mr. Oliver asked Ms. Hauth to comment on what had happened at
Waterstone where some specimen trees were removed. Ms. Hauth said on the Durham Tech
site, there was a tree protection site on the front corner to address some of the County staff
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concerns about preserving more trees on the site. She said due to a lack of communication
between those building the road and those designing the site, the front corner was cleared,
with two trees about 29" in diameter removed. Ms. Hauth said she had proposed that they
replant the area with the same number, variety and diameter of trees removed. She said they
would have a resolution to that well before Durham Tech was ready to open.
ITEM #5: Discussion of Draft Strategic Growth Plan
Roger Waldon with Clarion Associates noted he was the Town's consultant on the Draft
Strategic Growth Plan. He provided a PowerPoint presentation on the Plan, pointing out
particular aspects of how best to manage growth around the edges of Hillsborough. Mr.
Waldon reviewed the entire project, why it was happening, what its purpose was, the key
conclusions, and then the ideas that were presented at the public hearings. His last two slides
indicated what had happened since the public hearings and where the Plan was likely to be
headed as it went back to the Town Board and County Board for consideration of action.
Mr. Waldon used maps in conjunction with his slides. He said one problem was that a
number of the lines on the maps were not coordinated particularly well, noting the red line
identified Hillsborough's area of interest for water and sewer extensions, the grey line was
Hillsborough's existing Town limits, and the purple line was the extraterritorial jurisdiction
used by Hillsborough. He said one problem with the current ETJ boundary was that it gave
Hillsborough zoning authority in some places where it was not needed and did not give
zoning authority in some places where it was needed. Mr. Waldon said one of his objectives
was to come up with some maps with lines that made more sense.
Mr. Waldon said this Plan had a regional context that was important to consider. One, he
said, was that Chapel Hill and Carrboro had defined the area in green as a Rural Buffer in
which water and sewer extension was not to take place. He said such areas were intended
for low density, and the urban growth in Chapel Hill and Carrboro would be contained by
that area. Mr. Waldon said another important piece of regional context was what was shown
in red, which was known as Carolina North. He said UNC was planning a satellite campus
on that property and it would be a major driving force in economic development, traffic
patterns and much more in southern Orange County. He said it was very near to
Hillsborough and therefore would have a strong influence. Mr. Waldon indicated that
Durham was also growing to the west and was beginning to spill over into Orange County,
so its plans were important to keep abreast of that as well
Mr. Waldon noted that water constraints were the most important single factor driving all of
this, and Hillsborough had limited water capacity. He said the Town was near capacity, so
the assumption was that there was not an abundant amount of development that could occur
and be served by water from Hillsborough. Mr. Waldon said that added to the urgency and
compelling nature for Hillsborough to be sure that the development that did occur and be
served by Hillsborough's water system made the most sense and was the best that could be
done.
Mr. Waldon then talked about transportation constraints and the capacity of roads. He said
Churton Street was now over capacity. Mr. Waldon said according to the map, the main
transportation destinations in Hillsborough were destinations to the south and east. He said
most destinations were to the south, and Churton Street was the primary north/south artery
through Hillsborough. He said since that road was already over capacity, then the one thing
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that would be the worst possible scenario would be a lot of residential development to the
north, because it would force cars onto Churton Street.
Mr. Waldon spoke about developable land and where it was located. He said given that
developable land and taking into account constraints of water and sewer and traffic, they had
developed several scenarios and tested them to come up with ideas. Mr. Waldon said those
ideas had been put forth for public comment.
Mr. Waldon said the main conclusions that came out of all the studies and meetings were:
• Focus residential development to the south of Hillsborough to pull in the utility service
annexation areas.
• Take advantage of Hillsborough's excellent interstate access.
• Consider the growth drivers to the south.
• Encourage mixed use development that can help support economic development while
also trying to minimize traffic impacts.
• Coordinate with the southeast rural buffer with Chapel Hill/Carrboro.
Mr. Waldon said the summary he had presented at the hearings was to stay within the water
constraints for Hillsborough's system, define the firm service area annexation line so there
was certainty about where annexation might occur or would not occur, minimize residential
growth to the north, adjust the Land Use Plan, and execute the interlocal agreement.
Mr. Waldon said since the hearings, several issues had surfaced. First, he said, there was
general support for ideas about how and where growth should occur and where it should be
discouraged. But, Mr. Waldon said, although people appeared to be comfortable with those
concepts, when it got down to the detail of how to do that people became uncomfortable. He
said that was how the idea came about to do it in phases, with Phase 1 being the concept and
ideas and Phase 2 being the hard drawings of exactly where the lines would be. Mr. Waldon
then explained how those phases would work, then distributed a new map and provided an
explanation of its purpose. He said the map was an attempt to take the ideas and present
them in a way that was more conceptual. Mr. Waldon said this map was a way of illustrating
the concepts.
Mr. Oliver asked what the significance was of the change in terminology from rural buffer to
critical watershed low density. Mr. Waldon said the general consensus was that no one was
yet ready to say "rural buffer" and use it in the way other nearby jurisdictions used it. He
said it was an indication that there needed to be more discussion about how to protect those
critical areas. Ms. Hauth said they had realized at the last Steering Committee meeting that
the rural buffer carried an implication of density, jurisdiction and methods along with it,
whereas the one proposed around Hillsborough was more just to determine an area outside
the Town's jurisdiction that the Town had an interest in. She said it was more of a review
boundary, and did not necessarily imply an impact to the density of the land.
Mr. Waldon distributed a draft document that explained how an interlocal agreement might
be structured. He said it would take the Strategic Growth Plan and accept it as a body of
facts and ideas for further consideration. Mr. Waldon emphasized that nothing would be
adopted or be legal until both Orange County and Hillsborough amended their maps and
ordinances. He said then the map would be the starting point for a discussion about how to
get more specific about the objectives to be achieved. Mr. Waldon said the potential
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resolution to be put forward would then list other things that Orange County and
Hillsborough would resolve to try to accomplish.
Mr. Waldon said the idea for tonight was to take that resolution forward to the Town Board
and to the Orange County Board of Commissioners for consideration of action. He said he
wanted the Planning Board to look carefully at the proposed resolution and decide whether
they were comfortable recommending its adoption to the Town Board.
Mr. Oliver stated that Phase 1 and Phase 2 were not clearly indicated in the resolution. Mr.
Waldon said the one distinction between the two was that some of the ideas being discussed,
such as affordable housing and how to designate land for that within Hillsborough's
jurisdiction for future use, were Hillsborough's decision and not part of the interlocal
agreement.
Ms. Hauth said to address Mr. Oliver's concern, an additional "Whereas" could be added to
the resolution to say that the concept was Phase 1 and that the items in paragraphs A through
F would constitute the steps recommended for Phase 2. Mr. Oliver said that made it a little
clearer. Ms. Hauth said it may be better to make the resolution more specific and continue
the terminology to say that the adoption of the resolution would conclude Phase 1, and here
are the steps we are recommended for Phase 2.
Joe Phelps, a member of the Water and Sewer Advisory Board, stated they had prepared a
draft resolution to be given to the Planning Board expressing some concern about the way
the water and sewer boundary line was drawn. He said a member of the Orange County
Planning Board had indicated today that they were going to look at this again before they
considered a resolution because of incorrect information. Ms. Hauth said she had received
both documents today but had not brought them with her tonight. She left the meeting to
bring copies of the referenced documents for the members to review.
Mr. Phelps asked when the map just presented had been brought into the discussions. Mr.
Waldon responded it grew out of the post -hearing discussions, and was an attempt to
respond to the public comments. Mr. Phelps said then this was the first time the public had
seen it, noting it had not been discussed at any of the public hearings. Mr. Waldon said the
map took the maps presented at the public hearings and reduced the focus and made them
more conceptual.
Ms. Wallace asked who had authority over the orange area on the map and how did Mr.
Waldon envision it would be handled. Mr. Waldon said within the purple line, which
suggested the Hillsborough service area, was the corporate limits and the ETJ, as well as two
areas that would remain in the County's jurisdiction but also suggested some phasing as a
growth area. He said most comments indicated that they were not yet ready to make those
fine distinctions yet, so the new map had been produced. Mr. Waldon said the new map took
those general boundaries and made them more conceptual such that the area that had
previously contained three different colors were now one color, and it would have to be
decided how to split up the jurisdiction of that area.
Mr. Oliver said he liked the way the map looked now, because it had fuzzy lines and it no
longer pinpointed specific parcels of land. He said that indicated that it was more of a
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concept plan. Mr. Oliver said a lot of input and work would have to take place before we got
to that kind of detail.
Ms. Ellis said she wanted to be sure that they did not lose the courtesy review by the County
if we went outside the Town limits. She said the County reviews provided much information
and insight. Mr. Waldon said in the draft resolution, Item F referred to exactly that point, in
that courtesy reviews would continue. He said Item C referred to a map for the Hillsborough
interest area, and Item D talked about a map for areas outside of Hillsborough's interest area,
and then Item F talked about courtesy review and information sharing for those two maps.
Mr. Waldon said Item F should be corrected to specifically refer to C and D rather than D
and E, since it was referring to the two maps in C and D.
Responding to a question about Hillsborough's interest area, Mr. Waldon indicated it was
the orange area on the map. He said to be consistent they should be referred to as the same
on both maps. Mr. Waldon said that would mean the language in Item C would have the
same language as the orange area on the map in order to reconcile them. At this time, Mr.
Waldon spent some time explaining in more detail the colored lines and their functions.
Ms. Hauth distributed copies of the resolution from the Water and Sewer Advisory Board,
and the email received from Mr. Dobbins, an Orange County Planning Board member, who
indicated he was concerned about the maps and the timing. She said he indicated he would
ask the County Planning Board to take this issue up again at its meeting on February 7. Ms.
Hauth said the County Planning Board had already forwarded a recommendation to the
County Commissioners, and it appeared that their recommendation might be modified.
Ms. Wallace asked why the Water and Sewer Advisory Board was making the statement that
was contained in its resolution. Mr. Phelps said the Strategic Growth Plan did not actually
state that there would be no extension of service outside the boundary lines. He said the
Advisory Board's concern was that there was already water and sewer lines in some of those
areas. Mr. Phelps said if someone came in and proposed a company in an area that was just
outside the boundary, then we would not be able to extend service and therefore we would
lose the jobs. Mr. Phelps said the Advisory Board did not want to give up the right to never
extend service.
Mr. Farrelly said that sounded like something that needed to be discussed, noting the intent
was to set up a process for considering exemptions or special cases. Ms. Hauth said all of
the agreements being discussed for only as binding as the two jurisdictions that adopt them.
She said previously the County and the Town had a cooperative planning agreement, but
when the University Station development came along the Town had withdrawn from that
agreement.
Mr. Newton said in essence, whatever came out of this local agreement it would be
nonbinding. He said the Schools Adequate Public Facilities Ordinance was an interlocal
agreement the Town had with Orange County schools, and if we wanted to deviate from that
we could with no consequences. Ms. Hauth agreed, noting the agreement would mean only
as much as those that adopted it and those that come later give it. Mr. Newton said he
understood the essence of Mr. Phelps' request, in that we should not lock ourselves into
something that should some extenuating circumstance arise would lock us out of addressing
it.
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Ms. Ellis said it was her understanding that the line on the map was pulled in because it was
not possible to furnish water to everything that was in the outer line. She said the satellite
annexation line was placed where it was to prevent a landfill from being placed there. Ms.
Hauth said that was correct.
Mr. Newton asked whether because of the new information presented tonight and the amount
of interest and questions that remained, it would be worthwhile to hold one additional public
hearing or were we ready to make a recommendation tonight. Mr. Oliver said he believed it
was conceptual enough to go forward with a recommendation now.
Mr. Farrelly said it was different from what we had looked at previously, because it was
conceptual.
Ms. Faherty asked if the Board was considering adding the additional "Whereas" that was
suggested earlier. Mr. Oliver responded he did not believe it was needed, and he had not
heard a lot of support for it from the Board. Ms. Faherty said she believed they had moved
away from it before everyone could comment. Mr. Farrelly said Mr. Oliver had asked what
others wanted, and there was no response. Mr. Remington said the interlocal agreement was
in essence Phase 2.
MOTION: Mr. Oliver moved to recommend to the Town Board that they accept the Strategic Growth
Plan map as presented tonight and the associated draft document dated January 16, 2007, and
the resolution which accepted the Strategic Growth Plan as a conceptual document.
SECOND: Mr. Campanella.
DISCUSSION: Mr. Remington suggested that the term "Hillsborough interest area" should be defined
to refer to Hillsborough services/future annexation area. He said Item F should be
revised to refer to Items C and D rather than Items D and E. Mr. Oliver accepted those
amendments to his motion. Ms. Faherty asked if by accepting the Strategic Growth
Plan, we were accepting the entire document with the new map as the resolved final
map. Mr. Oliver said his motion was to recommend accepting the map and the
resolution which referred to the Strategic growth Plan.
VOTE: Unanimous.
ITEM #6: Discussion of Text Amendments to Update the Flood Damage Prevention Ordinance in
Compliance with New State Requirements.
Ms. Hauth said she had provided a map and two documents with the agenda packets, and
there were a variety of options available as they moved forward. She said the first item was
that the federal and State governments had created new floodplain maps. Ms. Hauth said we
were obligated to adopt these new requirements by February 2 so that people who lived in
the floodplain could continue to get flood insurance through the national flood insurance
program. She said at the hearing on Tuesday night this Board would be asked to make a
recommendation to the Town Board to adopt the new requirements so that the deadline could
be met.
Ms. Hauth said the second item was that at the last meeting we had discussed if this was an
opportune time to amend our flood ordinance and not allow further development within the
floodplain. She said she had provided a draft ordinance in the packet that would do that,
adding she had taken the model ordinance and deleted the language that she believed was not
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necessary. Ms. Hauth said there was a second document in the packet that was the original
model ordinance that could be used in case a lot of public comment was received next
Tuesday. She said she had talked with Mr. Hornik who had indicated that if further
development in the floodplain was prohibited, then we could do the State minimum that was
more permissive.
Mr. Campanella said if they were to go with no further development in the floodplain, would
that mean that the floodplain as strictly defined by the 100 and 500 flood hash lines, or did it
include any properties touched by the lines. Ms. Hauth said it did not include properties
touched by the lines. She said it was conceivable that a property owner would come forward
with a detailed topography survey that showed where the 556 flood elevation was, and that
they intended to build outside of that area. Ms. Hauth said there were procedures included
that would address where maps needed to be corrected, or where property owners could
provide documentation.
Ms. Ellis said there were many streams that contributed to the floodplain, and what had
come out of the Old 86 Commons was one buffer restriction for those streams with the
County having another. She said that was now on the map, and if it were developed under
Hillsborough's regulations as it now stood then the buffer would be different from what the
County would require. Ms. Ellis said there needed to be some continuity between the
regulations. Mr. Farrelly said he was in agreement, but that was a different topic from what
was being discussed at this time.
Mr. Newton asked if what was now being proposed put us in sync with the County. Ms.
Hauth said it would, but not within the issue mentioned by Ms. Ellis. Mr. Newton said then
this was a good first step. Ms. Hauth said it was. She said she would be glad to bring
forward potential text amendments to the February or March meeting. Or, Ms. Hauth said, it
could be added to the list to be included with rewrites to the Development Ordinance.
Ms. Hauth reminded the Board that the Tuesday meeting would be held in the Mural
Courtroom. She said that as requested by this Board, all public hearings for this calendar
year were scheduled for another facility. Ms. Hauth also stated for those interested, the site
plan review process would be discussed by the Town Board on Monday night.
ITEM #7: Adjourn.
Mr. Newton moved to adjourn the meeting, seconded by Mr. Remington. The motion was
adopted unanimously. The meeting was adjourned at 8:37 p.m.
Respectfully submitted,
Margam A. Hauth, Secretary
alis
01/18/2007 Planning Board