HomeMy Public PortalAbout01-28-2003 Joint Public Hearing
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MINUTES
JOINT PUBLIC HEARING
. January 28, 2003
PRESENT: Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark
Sheridan, David Daniel (pB Chair), Jim Boericke, Cannie Lloyd, Paul Newton, Chris Quinn,
Bryant Warren
PUBLIC: Brian Lowen, Dennis Evans, Freddie Satterfield, Annette McCleery, Bob Sisson, Catherine
Arnold, Carlos Gomez, Paul Sharon, David Payne, Ben Lloyd, Allen Knight, Robin Taylor-
Hall, Scott Radway, Ellis & Natalie Coleman, Andrea Shapiro, Anne Gregory-Bepler,
Richard Simpson, Donna Gaster, Rob Shapard and about 10 others.
STAFF: Demetric Potts, Bob Hornik, and Margaret Hauth
ITEM # 1 : Mayor Pro Temp Lloyd called the hearing to order at 7: 15 PM and passed the gavel to
Planning Board Chair Daniel. Daniel welcomed everyone and briefly described the hearing
process.
ITEM #2:
Hauth introduced the Rezoning and Special Use Permit for Village at Meadowview. She
noted speakers on this item would have to be sworn in, because the special use permit
portion of the application is a quasi-judicial function by the Town Board. Daniel swore in
Hauth. She noted that the application is incomplete at this time and will be subject to
another hearing because the notices were incomplete due to the addition of land to the
application. She said the envelopes at each member's place contained a protest petition from
property owners across Orange Grove Road. She said she couldn't determine whether the
petition is valid due to a right of way issue that could impact the 100' buffer provided along
Orange Grove Road. If the Town or NCDOT require the dedication of the right-of-way, the
buffer will not be intact and the petition will be valid.
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Daniel swore in Dennis Evans, the applicant. He asked Evans to highlight the changes from
previous plans, since the members have some familiarity with the project. He described the
list of services available in the apartments and condos included in the rent and those special
services available for additional costs. He referred to the hand out information for details.
Daniel swore in Annette Moore. She described the building construction details in terms of
materials and detailing. Evans asked to add his apology for stating the project was a
Continuing Care Retirement Community at the Town Board's January 13 meeting. He said
he was focusing on the range of services they were offering and didn't associate the question
with the industry term of"CCRC." He said that this project is not a CCRC. Daniel swore in
Bob Sisson and Catherine Arnold with Tri-State Management. They described their
experience with other apartment and elderly projects. They said they don't have an exactly
similar project, but closely similar ones. They said staff would be on-site or on-call at all
times to address the range of services indicated in the materials. Daniel swore in Freddie
Satterfield. He said he is a partner in the project and described the personal experiences that
led him to participate in this project. He asked the members to support the project.
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C Lloyd asked whether the project would have gates or security at the entrances to which
Evans replied no. She asked whether there were monthly dues required of residents, to
which Evans replied the condo units would have standard montWy association dues.
Boericke asked whether there were common dining facilities outside the assisted living
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facility, to which Evans replied no. Commissioner Gering asked what definition the
applicant was using for skilled nursing. Evans replied that skilled nursing is a division of
adult care home, based on the definitions used by the state. Commissioner Gering asked
whether this application included a round the clock nursing care. Evans said not in the terms
of a nursing home where residents are bed-ridden. There will be 24 nursing staff in the
assisted living center and a full time nurse available for consultation in the apartments and
condominiums. Commissioner Sheridan asked for a clearer distinction between the two
services. Evans said that in the assisted living center, which is licensed by the state, a nurse
or nursing assistant will be required to check on each resident every two hours round the
clock. He added they would provide assistance to residents with eating, bathing, and
medication reminders. He added that residents must be able to get out of bed and get to the
bathroom and dining hall most of the time; they cannot be bed-ridden. The nursing stafffor
the other residents will be available 9-6, via phone or visit to assist and provide information.
Commissioner Chavious asked about those who need extra assistance, but not everyday.
Evans said assistance could be arranged for short-term illnesses. Commissioner Chavious
asked whether the activities would be within the apartment buildings. Evans said they would
not, but on-site transportation would be available to bring residents unable to walk the
distance. Commissioner Chavious asked whether all the residents had access to the dining
hall. Evans said they did not, but in home meal service was available at an additional cost.
Mayor Phelps asked whether any of the buildings would be single story and Evans said only
the assisted living center. Evans added that each unit is single story and each building has an
elevator so the entire complex is handicap accessible. Quinn asked for a break down by
bedroom number. Evans said about 2/3 of the units would be 2 bedroom and 1/3 three
bedroom. Commissioner Dancy asked whether the additional services like meals and
housekeeping were available on a pro-rated basis and whenever requested and Evans said
they would be. Commissioner Gering asked what the target market or income level is for the
development. Evans said the basic rent would range from $840-$875 and would include the
basic services mentioned, the condos would cost about $124,000 with about $125 monthly
dues, and the assisted living would run about $2400-$3000 per month. Commissioner
Gering asked Evans to compare this project to Corbintoti Commons. Evans said they are
comparable, but he thought his fit a wider income range.
Daniel swore in Brian Lowen. Lowen said based on his recent family experience, this proj ect
is needed in Hillsborough. He suggested they work with TT A and OPT for increased transit
access. Using the example of his mother, he suggested that not all of the residents would
need nurses. Mayor Phelps asked Lowen if the quoted fees would have been affordable for
his parents and Lowen said they would.
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Daniel swore in Paul Sharon. Sharon said he is representing the Heritage Apartments and
Townhomes across the street. He said he reviewed the plans and ordinance and had some
questions as to how the application met the standards. He said the ordinance required
innovative design, which he does not see in the plans. He asked how the plans meet the
requirements for open space and supportive facilities. Daniel swore in Carlos Gomez to
answer the questions. Gomez said most of the supportive services are offered in the
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ITEM #3:
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renovated and expanded house. Hauth added that the additional information at the members'
places indicates compliance with the two standards. Sharon asked whether the property
would carry an age deed restriction. Evans said they would follow the 80% rule/exemption
from the Fair Housing Law and it would be a deed restriction. Sharon asked which units are
assisted and limited care. Evans said the assisted living center contains the assisted units and
limited care units will be disbursed through the apartments and condos. Sharon asked
whether a Certificate of Need would be required for the assisted living center. Evans said it
was optional, that one is available for Orange County and they are in negotiations with an
operator to run the facility with a Certificate. Sharon said he was glad to hear the project is
truly going to be for retired persons and not allowed to not provide services. He said his
remaining concern is with the design. Newton asked Sharon ifhe signed the protest petition
27 times. Sharon said he did, representing the homeowners association. Newton asked if
Sharon was still opposed to the project and Sharon said he was opposed to the design.
Newton asked ifhe lived in the Heritage and Sharon said he lives in Durham. He continued
that he is the president of the Home Owners Association until it is 95% owner occupied.
Warren asked how many townhouse units are actually constructed and Sharon said 12 and 5
are occupied.
Daniel swore in David Payne. He said he lives at 119 North Nash and is in favor of the
project because he may need to live there soon.
Daniel swore in Jack Chestnut, vice chair of the county advisory board on aging. He
expressed his concern that since this project does not provide skilled nursing services;
residents will be required to move out at the very end of their lives. He also noted that the
costs of Home Health Care need to be added into the fees and the fees generally increase. He
expressed support for the construction of a HUD 202 project for residents of more limited
means.
Daniel swore in Ben Lloyd. Lloyd related his experience in needing a facility like this and
his decision to sell the property to Evans for the proposed project. He asked the board to
support the project because he feels the plans well exceed his expectation.
Hauth introduced the rezoning request of Allen Knight for the former gas station at the
comer ofChurton and Corbin Streets. He noted Mr. Lloyd owns this parcel, too. Hauth said
the request is a downzoning to Neighborhood Business from General Commercial, which
limits the permitted uses by about half, but decreases the impervious surface and buffer
requirements. She reminded the board that they have to consider the whole list of permitted
uses, because as a general purpose zoning, the board cannot require Knight to actually
produce that product. Knight passed around a rendering of the addition he intends to add
along with renovating the existing service station. Commissioner Sheridan asked what the
total square footage would be and number of parking spaces provided. Knight said he is
trying to maximize the site to the 10,000 square feet of office space permitted, which would
require about 50 parking spaces. He said the building would be scaled back if there was note
enough space to accommodate both building and parking. Mayor Phelps asked whether an
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ITEM #4:
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elevator was required for two story buildings and Knight said no. Daniel asked about the
surrounding zoning. Hauth said the Gaya house to the west is zoned Neighborhood
Business, which is one reason the downzoning is helpful from a buffer/setback perspective.
She said the other parcels are residential. Knight noted there are still a number of details to
work out for the project and indicated his desire for the effective date of the rezoning to come
after site plan approval to not take Mr. Lloyd's zoning from him. Hauth noted the staff is
still looking into this issue to protect the interests of all parties. The members discussed
possible uses under GC versus NB. Lloyd described some history of the property, credited
Mayor Phelps with getting the parcel on the market and asked the members to approve the
request.
Hauth introduced the text amendment to allow multi-family dwellings downtown when
certain conditions are met. She said the request originated with George Horton who has
plans to rebuild at 228 South Churton Street, but it has also been a common question over the
years and an interest of Weaver Street Market. She said the amendment would allow
construction or remodeling with a permit granted by staff when the criteria indicated are met.
She noted the table indicating lot sizes in the Central Commercial district included in the
packet. By setting the minimum size for multiple units at 10,000 square feet, there are not
many lots in the CC zone that will be able to take advantage of the amendment.
Chair Daniel closed the public hearing and returned the gavel to Mayor Pro Temp Lloyd.
Mayor Pro Temp Lloyd adjourned the meeting at 9: 15 PM.
Respectfully submitted,