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HomeMy Public PortalAbout11-27-2001 Joint Public Hearing ;\1.0 ~ ...,.J V 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: . ITEM #8: . 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 - -. -~. 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. .' . ... ~ '.: !, . 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 1 . . . 20" l./ __.I 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 . .. 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 2 . . . 2r;,-: -' ..t. 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, . t ~... ~t. . ";'t',..-,.O: .~, ;'1 :' 3 . . . 21\'" _ .. L. 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 .l " L. . ~/' . ':'t.,._-_": .~\ .., .. . .' I')f\q c, ..... TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS . 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- . . . . ?::-' 4l 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 / ~~ Donna Armbrister, Town Clerk .l .. ~ I;, ~i". ,. '''''' ~'--_. : ...~_!.} . :. I :' . . . ?""S 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 ~, t i.. ~ {' . ....~....-... ,-'.:~~\ ,-; .. ," . . . ?'~'6 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; - 'l 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 . .- . '~j " ? F'. ": l ( 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/ ~f~ Donna Armbrister, Town Clerk .l " h ~r "'11\0,.-_': .~-. "