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HomeMy Public PortalAbout08-07-2001 Session . . . PRESENT: STAFF: ITEM #1: ITEM #2: ITEM #3: MOTION: VOTE: ITEM #4: 184 MINUTES TOWN BOARD MEETING August 7~ 2001 Mayor Horace Johnson, Ken Chavious, Frances Dancy, Evelyn Lloyd, Brian Lowen~ Mark Sheridan Eric Peterson, Demetric Potts~ Bob Hornik, Jim Klingler, and Margaret Hauth Mayor Johnson called the hearing to order at 7:30 PM and read the public charge. There were no changes to the agenda and the members approved it by consensus. Town Manager Eric Peterson asked the members to consider approval of the construction contract for the Fairview Community Policing Center. He said the contract would be with the Keck Company for $274~990. Commissioner Dancy moved to approve the contract as presented. Lloyd seconded. Unanimous. Hauth introduced the consideration of the ordinance to rezone 58 acres to Entranceway Special Use related to the Hampton Pointe proposal. She noted that the preliminary traffic recommendations had been received from NCDOT~ which included a wide variety of recommendations. She added that preliminary recommendations do no always end up as requirements or conditions. She reported that the Planning Board voted 3-5 on a motion to approve the rezoning, in essence recommending against rezoning and 5-3 on a motion to recommend denial of the Master Plan/Special Use Permit. She added that the Planning Board indicated that the recommendation for denial was based on the traffic impact and flow generated by the project~ the size of the project in comparison to the size oftown~ and the impervious surface/open space in the project. She noted that the applicant had revived plans they would like to discuss with the board. Bill Anderson passed around new plans and highlighted the changes. He said the overall square footage of the project has been reduced 15% from the original submittal; from 496,550 square feet to 425,000 square feet. He also highlighted the notes committing to the police substation as well as detailed site plan submittal before permitting. He said they are willing to meet the DOT requirements. He agreed with Hauth's statement that the final requirements may be different than the report. He added that they cannot move forward without satisfying DOT, because they will approve the driveway connection to NC86. He noted that until the Town has approved the rezoning and plan, they cannot have meaningful meetings with NCDOT to negotiate the final requirements. He added that berms have been added to the south property line and along NC 86 to increase the screening to neighboring residents. He said they met with the immediate neighbors and addressed their concerns. 1~5 . Commissioner Lowen asked where the square footage reductions would come from. Jerry Dickens said the 45~OOO square foot store would be smaller~ the two big boxes would shrink some~ the small shops would remain as they are~ and some reductions on the outparcels. He noted they are trying to save enough square footage for the outparcels to allow a hotel to locate. A hotel routinely needs 2 acres and be three stories with 6~000 square feet on each floor. Anderson said they feel the Karnes report is dated since it does not reflect the information and interest they are getting from potential tenants. He added that the staff report is less than comprehensive because each retailer defines space differently and if detailed questions weren't asked~ the numbers may not be consistent from retailer to retailer. Commissioner Dancy expressed some doubt about the project. She noted that first no changes in square footage were possible~ then a 7% reduction was offered~ and now 15%. She asked why the thirty percent suggested in the staff report was not reachable. Anderson said that the food component to the discount store is critical; without it~ the store will not be built. He reiterated the need to preserve square footage for the appropriate outparcel usages. Dancy noted her concern that many citizens she talked to assumed this project was a mall with a Belk or other department store. Anderson confirmed that a mall with a department store is not the proposal. . Management Intern Klingler provided some clarity about the staff report prepared at Commissioner Sheridan's request. He noted that much ofthe information came from websites. For those companies contacted directly~ he said he asked for gross square footage. He noted that the contacts staff could make with retailers would be different than the applicants' and the information and cooperation that each got from the retailers could be different. Attorney Hornik detailed the Board's options and obligations regarding voting. He said that this is a two-step process with two different standards. The rezoning component is legislative and the Board has the maximum flexibility with that part. Decisions don't require finding offact~ nor must they be based on sworn competent testimony. He added that the decision~ which is in the form of an ordinance, must be approved by a super-majority, or be voted on twice. He recommended that if the vote were 3-2 in favor of the rezoning, that the board delay a vote on the SUP until the zoning was actually approved with a second vote at another meeting. He also encouraged the members to reach agreement with the applicants on all conditions or details they are concerned about before voting on the rezoning. He said this voluntary compliance with conditions by the applicants helps limit the town's legal exposure to claims that the zoning was actually denied because an infeasible project was approved. . Mayor Johnson asked the members if they were ready to vote. Commissioner Sheridan asked for some further discussion before offering a motion. He thanked everyone involved who brought the process to where it currently is. He noted the applications, property owners~ Commissioner Lloyd (the other EDD task Force . . . MOTION: ] 8'S member with Sheridan)~ and the newspapers who have followed the process closely and provided a forum for additional dialog. Mayor Johnson asked for a motion to deny the rezoning request. Commissioner Lloyd moved to adopt the ordinance denying the rezoning request. Commissioner Dancy seconded. Commissioners Lowen and Chavious noted their opposition to the motion. Commissioner Sheridan offered some additional discussion. He noted that the square footage reductions have not yet brought any significant change to the big boxes. He said that the application as it stands currently exceeds to total amount of retail space available in town. Commissioner Sheridan proposed the following square footage amendments that he could support as amendments for the applicants' consideration: 150~OOO sfforthe discount store, 115,000 sfforthe home improvement center with 30,000 sf of garden centerloutdoor storage, 35,000 sf for the other retail box~ 26,000 sf for the outparcels~ and the small shops unchanged. Commissioner Sheridan noted that this would have a total of 380,000 sf: which is roughly equal to what already exists in town. Commissioner Dancy asked that the firm commitment to meet the NCDOT requirements also be included in the applicant~s amended application. Jerry Dickens said they would accept the condition of the DOT requirements. He said they would need time to determine if the square footage reductions were possible. He also asked whether there was flexibility with those figures. He noted that the scenario cuts out the smallest home improvement center and the discount with food. Commissioner Sheridan said it has been his belief from the beginning that what can be built won~t be known until some development is approved. That the true desire of the tenants to locate here won't be known until there is a location with building sizes approved. He added that, irt his opinion, the square footages he offered were acceptable for Hillsborough. The members discussed the appropriate procedure to allow additional time, given a motion and second on the floor. Commissioner Lloyd withdrew her motion to adopt an ordinance denying the rezoning, and Commissioner Dancy withdrew her second of the motion. Commissioner Chavious made a motion to adjourn the meeting at 8:45 PM. Respectfully submitted~