HomeMy Public PortalAbout11-27-2001 Joint Public Hearing
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MINUTES
JOINT PUBLIC HEARING
November 27,2001
.SENT: Mayor Pro Tern Ken Chavious, Frances Dancy, Evelyn Lloyd, Brian Lowen, Mark Sheridan, EdGilI
(pB Chair), Jim Boericke, Cathy Carroll, David Daniel, Kelly Hopper, Brian Ketchem, Carmie Lloyd,
Bryant Warren
STAFF: Demetric Potts, Nathaniel Eubanks, Sherry Carter, Jim Klingler, Bob Hornik, Eric Peterson, and
Margaret Hauth
ITEM #5: Mayor Pro Tern Chavious convened the Special Joint Public Hearing at 7:12 PM. He passed the
gavel to Planning Board Chair Ed Gill. Gill highlighted the format of the hearing and encouraged
everyone to conduct themselves in a courteous manner.
ITEM #6: Town Attorney Bob Hornik described to two-step process involved in the hearing and noted the need
to swear in speakers.
ITEM #7:
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ITEM #8:
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Gill swore in Hauth. She introduced the Rhinehart application to convert the former Southern States
building to a family steakhouse. She noted the property was zoned Limited Office during the
entranceway efforts. The desire to change use to a restaurant, which is not permitted in Limited
Office is the trigger for the request. She noted the only changes proposed are additional parking, the
enclosure of the porch, and an exterior freezer. Gill swore in Rhinehart. He said he brought photos
of his current operation at the Homestead in Timberlake. He said enclosing the front porch will
provide private dining rooms and the additional parking is required for the restaurant. Sheridan asked
about meeting space. Rhinehart said the dining rooms in the porch area would each hold about 30
people. He added that the long-term plan is to build another building to operate as a conference
center/meeting facility. He described the festival house at the restaurant in Timberlake, which is used
for business meeting, wedding receptions and the like. There were no further comments.
Hauth said the members received the revised site plans. She noted at their places was also a revised
staffreport based on the new plans and revised comments from NCDOT. Gill swore in Anderson.
He highlighted the changes on the site plan, showing the reduced building footprints for the 425,000
square feet proposed. He showed the detailed elevations for the shop buildings and the new elevation
for the discount center. He added the other building elevations would be modified along this same
design. Gill swore in Jerry Dickens who highlighted other changes on the plans. Gill swore in
Richard Adkins who detailed the proposed transportation improvements shown on the plans, both in
front of the site and at the interstate ramps. Ketchem asked about Level of Service D. Adkins said
the site at full build-out would bring the road to LOS D, which is generally acceptable to NCDOT.
He noted the levels of service are similar to grades in school whp'e A is best. Ketchem asked what is
limiting the area from having a higher grade. Adkins said .they are coiistiillried by the overpasses
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north and south of the site. Gill asked Adkins to highlight his '.qualifications. Adkins said he is a
'professional engineer, worked with the City of Greensboro Transportation Department for 30 years
and has been a private consultant for 2 years. Daniel asked what the current level of service is on N C
86. Hauth said she did not know. Adkins said it is likely a B.
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Gill swore in Russell Knop. Knop said he is a Wildwood resid~n(. He'said he is impressed with the
traffic improvements on the HiIlsborough side of the site, but there will also be impacts to the south.
He noted that not all the traffic coming to this site would be from I-85. He said there would be a
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hazard to the schools and buses that frequent to road and to turning traffic to Old NC 10. He asked
whether the long-term impact of widening 1-85 had been considered. He said he is still concerned
about the stormwater impact of this development He stated Hampton Pointe is not an enhancement
He said the 1-40 site is better for a large-scale development; keep this site community scale.
Gill swore in Holly Reid. She thanked the members for their work. She said that better alternatives
have been suggested that are smaller and mixed use. She said the moratorium allowed the guidelines
to be drafted, but if you compare the proposal to those guidelines, it's easy to see it does not meet the
mixed-use requirement She added that the site is a unique one in historical value and constructing
this project on it does a great disservice to those who served.
Gill swore in Douglas Stuber. He said he is a Hillsborough resident He said a vote on the project
tonight does a disservice to democracy; the citizens voted in Gering and Dancy. He asked the
members to not allow Hillsborough to become a last stop for developers. He added that the queue for
funding from NCDOT is too long to approve this project now. He asked the members to wait for the
new board to sit to decide.
Gill swore in Ray Sparrow. He said he is a county resident with a business in town. He said he often
travels out of the county for goods and services. He said the development plan is reasonable and
overdue. He added that Hillsborough needs a bypass.
Gill swore in Janie Endres. She said her comments paralleled Holly Reid's.
Gill swore in Rick Brewer. He said many folks have anxiety about change. He said he remembers
close childhood basketball games that were cut short when the person with the ball had to go home.
He said they never really knew which team was best. He said this is the same situation. The plans
have been under review, and they are better, but are they the best we can get? A vote should wait so
we can get the "best" for Hillsborough.
Gill swore in Ross Massey, project engineer. He asked his comments from previous hearings to be
added. He noted that the applicants have made improvements to the plans.
Gill swore in Mike Gering. He said he would focus his comments on traffic and what he learned
during the election. He said the development is still too large. He said Levels of Service range from
A to F and a D is predicted in front of the site. He described the reported levels of service from
NCDOT at other intersections around town. Churton Street at lIS 70 is B (author's note: which
inters~tion of Churton and 70 was not made clear). Churton at Margaret is E. Churton at King is B.
He said approving a development of this size condemns people usingNC 86 to gridlock. He said his
experience talking to people during the campaign is very different-that the SUrvey results reported. He
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said fewer than 20% of the people he talked to were in favorCifthe project. He added that surveys re
very difficult to conduct. ' " .
Gill swore in Hazel Lunsford. She said she is an adjacent neighbor. . She s~id she was glad to hear of
the road improvements, but she agrees with Knop that it's.rtoten9~. She said she appreciated being
heard. . :. '. C .' .
Gill swore in Mary Ann Peter. She thanked the members for their work and listening. She said the
decision is whether or not to vote at this meeting. She said the Board of Elections reported 1607
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voters came out, that's 49% of active, registered voters. She said whatis legal is not always what is
right She noted this development is still 1 ~ times the size of all existing development in town. She
suggested meetings with the tenants and meetings with NCDOT rather than relying on information
from the applicants' consultants. She said that residents do want local shopping. She said a recent
NPR show indicated the average life span of big box developments is only 15 years.
Gill swore in Maurine Quilligan. She said she doesn't know whether she supports smart growth, but
she does oppose stinky growth, which Hampton Pointe is.
Gill swore in Syd Alexander. He said he is the project attorney. He said his clients would meet all of
the NCDOT requirements.
Gill swore in Peter Langan. He said the big box developments belong at 1-40. He said this site is a
good location for light industrial uses. He said there are two vacancies in Hillsborough Commons
now. He added that if Hampton Pointe were developed, he would need a helicopter to get out of
Wildwood.
Adkins spoke to further explain some transportation issues. He said LOS D is not a simple to define
or des~ribe concept He said it relates to the average delay experienced by a stopped vehicle during
the peak hour. In the case of LOS D, the delay is 55 seconds. The bridges (interstate overpasses and
rail overpass) are the reasons for the congestion. The situation will improve when the overpasses are
widened.
Massey spoke to address the stormwater comments made. He said the increased run-off would be
retained on-site in ponds and released at a rate that does not exceed the rate currently. Commissioner
Lloyd asked about the West Nile virus and detention ponds. She said the Health Director is trying to
discourage the use of ponds because they breed mosquitoes. Massey said underground storage is a
new technology that is very costly. Daniel asked about the benefits of detention ponds and how they
impact water quality. Massey said the settling that the ponds provide removes 85% of the pollutants
in urban run-off. There were no further comments.T
Gill returned the gavel to Mayor Pro Tern Chavious, who closed the public hearing and adjourned the
meeting at 8:35 PM.
Respectfully submitted,
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TOWN OF IDLLSBOROUGH BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF
HILLSBOROUGH, OF NORTH CAROLINA
Dated: November 27,2001
THE BOARD OF COMMISSIONERS OF THE TOWN OF illLLSBOROUGH HEREBY
ORDAINS THAT THE TOWN OF HILLSBOROUGH ZONING MAP IS AMENDED AS
FOLLOWS:
Section 1. An approximately 4.492 acre parcel of land located at 1701 NC 86 S, said
parcel being more particularly identified as Tax Map Parcel No. 4.40.A.8v, heretofore zoned
Limited Office Use District shall be reclassified to the Entranceway Special Use District as
described in Section 2.16 of the Town of Hillsborough Zoning Ordinance.
Section 2.
This Ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote received the following vote and
was duly adopted this 2th day of November, 2001.
Ayes: .5
Noes: .0-
Absent or Excused: %
pated: /1-cftJ-O! ~J~
Donna Armbrister, Town Clerk
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TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
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RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING A 4.492 ACRE PARCEL OF LAND
IDENTIFIED AS TAX MAP NO. 4.40.A.8v
WHEREAS, the Town of Hillsborough Board of Commissioners has received an
application from Larry C. Rhinehart for a Special Use Permit to allow the development of a
4.492 acre parcel of land located at 1701 NC 86 S, said parcel bearing TAX MAP NO.
4.40.A.8v, said parcel being owned by CHOWL, Inc.; and
WHEREAS, the Town of Hillsborough Board of Commissioners. has referred the
application to the Town of Hillsborough Planning Board in accordance with the pertinent
provisions of the Town of Hills borough Zoning Ordinance; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners
conducted a joint public hearing to consider the application on November 27, 2001, after giving
notice thereof as required by law; and
WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be
heard in connection with the Application were given an opportunity to do so; and
WHEREAS, the Town of Hillsborough Planning Board has made its recommendation to
. the Town of Hillsborough Board of Commissioners regarding the Application;
WHEREAS, the Town of Hillsborough Board of Commissioners has considered the
recommendation of the Planning Board and all the information and testimony presented to it at
the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of
Commissioners, on motion of C6mmi.$s i O(\eA'" LI oyd . seconded by
C()"'-'1i~:IrhU" ~4., this 27th day of November, 2001 as follows;
1. The Board of Commissioners has considered all the information presented to it
both in support of and in opposition to the application at the November 27, 2001 public hearing;
2. The Board of Commissioners finds that the requested' permit is within its
jurisdiction according to the Table of Permissible Uses, that the Lapplica6.on. is Gomplete, and that
if the proposed development is completed as proposed in the ~plication,~subject to the Special
Conditions attached hereto, it will comply with the requirements Qf~e Zoning Ordinance.
3. The Special Conditions attached to the Special Use Pe~t as Exhibit 1 are
intended to preserve and/or promote the health, safety and welfare of the:.surrounding areas and
the Town of Hillsborough in general, and to insure that the peFfonji.attce..Standards established
by Section 4.48 of the Zoning Ordinance are met ':. . e-
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4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special
Use Permit generally in the form annexed hereto as Exhibit A and notice of this decision and
issuance of the special use permit shall be transmitted forthwith in accordance with Section
4.41.10 of the Zoning Ordinance.
WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough
Board of Commissioners this 27th day of November, 2001, the result of which vote was as
follows:
Ayes: .5
Noes: --tJ-
Absent or Excused: ~
Dated: //-:l 'I- p /
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Donna Armbrister, Town Clerk
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TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF
HILLSBOROUGH, OF NORTH CAROLINA
Dated: November 27,2001
THE BOARD OF COMMISSIONERS OF THE TOWN OF HlLLSBOROUGH HEREBY
ORDAINS THAT THE TOWN OF HlLLSBOROUGH ZONING MAP IS AMENDED AS
FOLLOWS:
Section 1. An approximately 58.36 acre parcel of land located generally at the
southeast comer of the intersection of Interstate 85 and North Carolina Highway 86, said parcel
being more particularly identified as PIN 9873-57-2121, Tax Map Parcel No. 4.45..4(c),
heretofore zoned Limited Office Use District shall be reclassified to the Entranceway Special
Use District as described in Section 2.16 of the Town of Hills borough Zoning Ordinance.
Section 2.
This Ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote received the following vote and
was duly adopted this 27th day of November, 2001.
Ayes: 1-
Noes: /
Absent or Excused: .e--
Dated: I/-d-l-t!?/
4vHd.J/dt7t~~
Donna Armbrister, Town Clerk
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TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING A 58.36 ACRE PARCEL OF LAND
IDENTll'lED AS PIN 9873-57-2121; TAX MAP NO. 4.45..4c
WHEREAS, the Town of Hillsborough Board of Commissioners has received an
application from Dian Two, LLC for a Special Use Permit to allow the development of a 58.36
acre parcel of land located generally at the southwest comer of the intersection of Interstate 85
and North Carolina Highway 86, said parcel bearing PIN 9873-57-2121; TAX MAP NO.
4.45..4c, said parcel being owned by Wildwood Corporation; and
WHEREAS, the Town of Hillsborough Board of Commissioners has referred the
application to the Town of Hillsborough Planning Board in accordance with the pertinent
provisions of the Town of Hills borough Zoning Ordinance; and
WHEREAS, the Town of Hills borough Planning Board and the Board of Commissioners
conducted joint public hearings to consider the application on July 24 and November 27,2001,
after givjn.g notice thereof as required by law; and
WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be
heard in connection with the Application were given an opportunity to do so; and
WHEREAS, the Town of Hillsborough Planning Board has made its recommendation to
the Town of Hillsborough Board of Commissioners regarding the Application;
WHEREAS, the Town of Hillshorough Board of Commissioners has considered the
recommendation of the Planning Board and all the information and testimony presented to it at
the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of
Commissioners, on motion of CoMMI5~1'1l(\e.r S~t>H',dt......-- , seconded by
c.otr\~~):'It1U'\)l&I'\"I- this 27th day of November, 2001 as follows;
1. The Board of Commissioners has considered all the information presented to it
both in support of and in opposition to the application at the July. 24 and November 27, 200 I
public hearings; -
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2. The Board of Commissioners finds that '~((" request~~ permit is within its
jurisdiction according to the Table of Permissible Uses, that'thfi'application is complete, and that
if the proposed development is completed as proposed in the aPplication, subject to the Special
Conditions attached hereto, it will comply with the requirements of the ~ning Ordinance.
3. The Special Conditions attached to the SReoiat' pst' . Permit as Exhibit 1 are
intended to preserve and/or promote the health, safety and welfate"of the surrounding areas and
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the Town of Hillsborough in general, and to insure that the Performance Standards established
by Section 4.48 ofthe Zoning Ordinance are met.
4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special
Use Permit generally in the form annexed hereto as Exhibit A and notice of this decision and
issuance of the special use permit shall be transmitted forthwith in accordance with Section
4.41.10 of the Zoning Ordinance.
WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough
Board of CommissionerS this 27th day of November, 2001, the result of which vote was as
follows:
Ayes: 5'
Noes: -t?-
Absent or Excused: U--
Dated: ,/1";29- tJ/
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Donna Armbrister, Town Clerk
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