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HomeMy Public PortalAbout04-22-2003 Joint Public Hearing . . . PRESENT: PUBLIC: STAFF: ITEM #1: ITEM #2: vPS-~ . S- MINUTES JOINT PUBLIC HEARlNG April 22, 2003 Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark Sheridan, David Daniel (pB Chair), Jim Boericke, Joel Brinkley, Cathy Carroll, Matthew Farrelly, Carmie Lloyd, Paul Newton, Bryant Warren Dennis Evans, Jack Chestnut, Michael Bateman, Carl Hultgren, Catherine Arnold, Matt Hurdle, Carlos Gomez, Annette McCleery, Ben Lloyd, John Runkle, GeofGledhill, Barrie Wallace, Bob Rose, Elizabeth Woodman, Eric Hallman, Gray Styers, Doug Robins Bob Hornik., Eric Peterson, Demetric Potts, and Margaret Hauth Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair Daniel. Daniel welcomed everyone and briefly described the hearing process. Daniel swore in Hauth. She introduced the rezoning and Special Use Permit for the Village at Meadowview. She said she would allow the applicant to go through the details of the project. She said there is still an active protest petition on this application because the revised plans did not indicate that the buffer area was not included in the rezoning. She added, that at the request of the applicant, she would be double-checking the area calculation to ensure the revised plans included the entire site. Daniel swore in Evans, the applicant. He thanked the members for continuing to review his request. He noted the changes on the plans, including the mixture of dwelling unit types, details of the site plans regarding sidewalks and other amenities. He distributed information about the available services and the anticipated fees. He noted that a dining room has been added on site. Warren asked for further details on the assisted living building. Daniel swore in Michael Bateman. He said he is with Senior Living Services, the business that intends to operate the center. He said they operate 217 beds, are based in Wilson, and have 17 years of experience. Sheridan asked about fees increases over time. Bateman said that their experience has been increases in the range of3-5% annually. Gering asked whether Senior Living Services would own the site. Bateman said they would operate the center, investors would own it. Gering asked if they would be seeking tax-exempt status. Bateman said they are a for-profit enterprise and would not seek tax-exempt status. Warren asked if the facility would be 60 beds or 60 rooms. Bateman said 60 rooms, but occupancy is predominately single. He said the size is important to operations and larger operations are difficult to manage. Farrelly asked why more services are not available. Lloyd asked whether the board had a list of all the services available to residents. Bateman said they had not submitted that, but would. Boericke asked if the facility would be able to accept Medicaid patients. Bateman said not at this time, as they are not a licensed facility and do not have an exemption from the moratorium. He added that they intend to apply for a license once the state's moratorium is lifted. Mayor Phelps asked whether the town could regulate the services and fees. Hauth said conditions could require services be available, as is stated in the intent of the district, but the parties involved would set the specific services and fees. . . . ITEM #3: ~S-2.f.t JPH 4/22/2003, page 2 Daniel swore in Jack Chestnut. He asked that the applicant and service providers be directed to meet with the Orange County Department on Aging and the Aging Advisory Board to discuss services and fees in detail. The Department and Board could them provide a recommendation or written comments to the town for consideration. He also suggested a forum be held at the senior center to allow area seniors ask questions about the development. Daniel swore in Ben Lloyd, property owner. He reminded the board that he has a written agreement with the applicant that the development is to provide services and housing for the elderly. He noted that the applicants are local people and that there is a lot of need in the community for senior housing. He said the Village at Croasdaile has a waiting list on years. He noted that this project could add $34 million to the town's tax base if annexed versus the reported $22 million of Corbinton. Evans said he was willing to be annexed by the Town. Warren asked what the relationship s between this development and the Heritage. Evans said he is the only common partner between the two ventures. Mayor Phelps asked whether an annexation would be satellite. Evans said he is looking for options to make the property contiguous. Mayor Phelps asked about using the existing pond for storm detention. Hauth said she had gotten written confirmation from Orange County Soil and Erosion Control that the pond could be used for detention. Chavious asked how that would work. Daniel swore in Carlos Gomez, project engineer. Gomez said that overflow devices would be added to the pond. The devices have releases at different levels to help ensure the pond will not flood. The water is released into the stream, not onto surrounding properties or streets. Mayor Phelps made an introductory statement about how the town arrived at a hearing on an ordinance to establish a moratorium. Daniel noted that speakers opposed to the ordinance would be allowed to speak first, then those in favor of the ordinance. He asked that both primary presentations be limited to 20 minutes and that Orange County and the Citizens for Responsible Growth share the 20-minute allotment. Everyone agreed. Hauth introduced the three ordinances for consideration: option one, not establishing a moratorium; option 2, establishing a moratorium on future applications; and option 3, establishing a moratorium on pending and future applications. Gray Styers spoke representing Asphalt Experts. He said his client has played by the rules established in the Zoning Ordinance. He noted that General Industrial is one of Hillsborough's most restrictive zoning districts. He said there has been 10 hours of testimony and there is still evidence and rebuttal to give. He said he understands that any imposed conditions must continue to be met. Styers said they have an approved Soil and Erosion Control permit and that the air permit is working its way through the state review. He added that it is late in the process to enact a moratorium and is fundamentally unfair to the applicant. Styers noted that the moratorium is not going to change the state regulations. He thanked the members for their consideration. lPH 4/22/2003, page 3 d5~,1 . Doug Robins, applicant, spoke. He said he regrets not adequately conveying his intent to be a small operation during the hearing process. He said it is last intent to harm the environment or neighbors. He said the site is small and he intends to run a small plant. He said he is not interested in interstate repaving work or operating a 24/7 schedule. His interest is controlling the quality of the asphalt he installs. Robins offered to discuss options and interest with the board members to find a win-win solution. He noted that his project could bring jobs and tax base to town and offered to be annexed. He said the lower transportation costs for asphalt would save both the town and other developers money for paving projects. He said the company is small and he will personally respond to any concerns raised about the plant's operation. He said he is a businessman looking to take the next growth step for his business and he takes pride in his workmanship. . Farrelly asked whether the current standards take into account the proximity to residential and whether the point of discussion is the letter versus spirit of the law. Hauth said the Board of Adjustment can determine whether a project "adequately protects residentially zoned property and property in residential use" 'but there is not a definition or guidelines to use in that determination. Gray Styers noted that the National and State health based standards are measured at the property line and do not vary based on adjacent land use. Bill Lane said there are not different standards based on adjacent land uses. The state assumes the worst impact. The standards are health based and have a built in margin of safety i.e. the allowed levels are a fraction of the safe levels. Daniel asked what the factor of safety is 10, 20 or 100. Lane said it depends on the compound. GeofGledhill spoke on behalf of Orange County. He distributed three handouts, including a resolution passed by the Orange County Commissioners. He noted that the Board of Adjustment knows very little about this applicant. No serial numbers or manufacture dates for the plant have been submitted. The applicant just promises that noise and air standards will be met, but has submitted so evidence. He said that town should be proud of how the BOA has handled the applicants and process. He added that the process is unfair to the citizens and the board because all the information has not been submitted. Gledhill referred to the property maps he distributed, indicating the use on surrounding properties including Orange Enterprises, Green Enterprises, Hill Complete Carpet Care, and Heartland Steakhouse. He said that the BOA couldn't prescribe spacing issues. He noted that he does not doubt the applicant's sincerity; he doubts the ability of anyone to meet the standards. He asked the members to remember that Robins is not obligated to always own and operate the plant. . John Runkle spoke on behalf of Citizens for Responsible Growth. He said that the review process is not nearly complete; many speakers have not been able to testify before the BOA yet. He noted weaknesses in the ordinance of not requiring specific information or requiring other approvals first. He said standards need to be specifically in the ordinance, not negotiated during the review process. He cited examples of the legal authority the town has to establish a moratorium. He noted that permit approval, not application, triggers a vested right. Barrie Wallace spoke as a member of Citizens for Responsible Growth. She said the JPH 4/22/2003, page 4 . . . ITEM #4: jStl. f ordinance does not protect neighbors. She said while the applicant states it will be a small plant, the equipment can produce much more asphalt, which doesn't make economic sense. She said the neighbors need standards, not promises. Wallace noted that four employees aren't very many. Elizabeth Woodman said her views have been expressed. Eric Hallman said the entire process has been enlightening and he appreciated the opportunity to speak. He noted other sensitive nearby uses including the charter school, hospice, nursing home, and adult day care center; all located in the Meadowlands. Hallman noted that the state standards allow the generation of 50 pounds of dust per hour. He added that other General Industrial sites in town are also sensitive. Bob Rose provided some background on the ordinance in Hillsborough. He said the ordinance was drafted in 1986 and at that point the town was interested in industrial growth. He said that when he was on the Town Board they were approached by an asphalt recycling enterprise and decided not to invite them to town. He noted the ordinance is a living document and intended to change. He said the Vision 2010 accurately reflects what the town desires. Rose added that the area around Hillsborough is not a designated watershed via loophole in the state regulations. Styers asked the board to consider the other uses on Valley Forge Road, including the concrete plant that has an NPDES permit to discharge water directly into Cates Creek. He noted that the industrial area serves an important purpose. He noted that there is no residential property directly adjacent to the site; the railroad separates them. He said the applicant and citizens may both rely on the rules and the applicant will go beyond the mlmmum. Chavious asked when is it appropriate to change the rules: when you've been made aware of the true circumstances, if not in the middle of the process. Styers said amendments could address future applications. Chavious said that Gledhill listed some important information the town does not have yet. Robins said he would gladly enter an open discussion on the project. Styers expressed concern that a process to amend the ordinance may preclude a site in Hillsborough altogether. Farrelly said everyone needed to consider the difference between a delay and a moratorium. He said the regulations balance health and economics. He said the town needs to understand the health risk and weigh it against the benefit to the town. Hauth introduced a text amendment requiring applications that need advertisement or public notice to be complete before processing. She said that incomplete applications have become more common and have caused hearings to be continued, which is unfair to the neighbors who have an interest in the project. There was no other public comment on the proposal. Chair Daniel closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps recessed the Town Board to allow for the Planning Board special meeting. JPH 4/22/2003, page 5 . . . ITEM #5: MOTION: VOTE: ITEM #6: ti5'~. 9 Daniel convened the special planning board meeting to consider the ordinance establishing a moratorium. Newton said he agreed that the town needed to revise the ordinance to modernize its standards for manufacturing operations involving petroleum products. He asked Hornik to indicate where he thought the town stood legally. Hornik said that if the members agreed with Newton's statement that the ordinance needs amendment, than the choice is between options 2 and 3. He added that the Board of Adjustment has not received completed the public hearing on the matter, but that there is substantial competent evidence in the existing record that would support both sides of the application. He suggested that the question to consider is whether the current process and standards are acceptable. Brinkley said that regardless of this application's outcome, the Planning Board's focus needs to be the ordinance. Boericke said that the process does not appear to be working. This decision is too hard for the BOA to make with the facts and framework they have. He said the town has not requested and required enough factual information to make this decision. Daniel asked how the moratorium would end. Hornik said it would end automatically upon the adoption of new language or on December 31, if the Town Board did not take action to extend it. Daniel asked whether the current application would be re-activated or would it have to be re- submitted at the end of the moratorium. Hornik said it would depend upon the new ordinance and standards. Lloyd said that the review by the BOA is very black and white; you can't get in a negotiation with an applicant. She noted that the entire ordinance needs updating and that the BOA is routinely struggling with the process and standards they have to use. Daniel said he is not prepared to change the standards in the ordinance tonight and it not possible to dialog with the BOA tonight. Warren said we need to serve the citizens. Newton moved to recommend the adoption of ordinance option 3 to the Town Board. Boericke seconded. Lloyd asked that the need for a complete re-write of the ordinance be highlighted. Unanimous. Daniel adjourned the Planning Board. Mayor Phelps reconvened the Town Board to consider the ordinance establishing a moratorium heard earlier in the evening. Hauth reported that the Planning Board recommended adoption of ordinance option 3 unanimously and that they noted the need to consider updating the entire document. Mayor Phelps polled the members and offered them each an opportunity for comment. Dancy said the current process provides too much uncertainty and that Option 3 provides an opportunity to address that. Lloyd noted her support for Option 3 in light of the overwhelming public comments. Sheridan said he agreed with Dancy and Lloyd. He said he also appreciated all of the work by the Planning Board, Board of Adjustment and citizens on this issue. Gering thanked the Board of Adjustment for their efforts to date and noted the hearing process has brought out a wealth of information. He said he believes the ordinance is currently flawed and that proceeding without the moratorium is unfair to the citizens. Chavious thanked the boards for their efforts and said he believes Option 3 is necessary. . . . MOTION: VOTE: 25',(./0 JPH 4/22/2003, page 6 Dancy moved to adopt ordinance option 3. Lloyd seconded. Unanimous. The members asked Hornik to describe what some next steps should be. He suggested the Planning Board discuss and recommend some options of how to proceed including using a citizen committee to study the issue or taking specific action or studying among the Planning Board members. Mayor Phelps adjourned the meeting. Respectfully submitted, . . . ~a. II Opt,.or'1 1 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION DECLINING TO ADOPT MORATORIUM ON MANUFACTURING AND PROCESSING OPERATIONS INVOLVING PETROLEUM PRODUCTS WHEREAS the Town of Hillsborough Board of Commissioners has conducted a public hearing to consider the adoption of an Ordinance amending the Town of Hillsborough Zoning Ordinance so as to impose a temporary pause on the acceptance, review, consideration and approval of permits and applications for permits to operate manufacturing and processing facilities involving petroleum products as one of the materials being manufactured or processed; and WHEREAS the Commissioners have heard and considered all the information presented to them at the public hearing, and have considered issues involving the health, safety and welfare of the Town, its residents and the residents of the Town's extraterritorial zoning jurisdiction; and WHEREAS the Board of Commissioners is authorized and empowered by law to consider such matters and to make determinations on such matters in the exercise of its discretion as the duly elected legislative, governing body. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS this _ day of April, 2003 as follows: The Town of Hillsborough Board of Commissioners, in consideration of all the information presented to it, does hereby decline to adopt any ordinance to impose a temporary pause on the acceptance, review, consideration or approval of permits or applications for permits for the types of facilities first described above. The foregoing Resolution having been submitted to a vote, received the following vote and was duly adopted this _ day of April, 2003. Ayes: Noes: Absent or Excused: . . . JS-C1. /2- Op bi UV\., ;:L AN ORDINANCE AMENDING THE TOWN OF HILLSBOROUGH ZONING ORDINANCE TO TEMPORARlL Y SUSPEND THE REVIEW, CONSIDERATION AND ISSUANCE OF PERMITS AND APPLICATIONS FOR MANUFACTURING AND PROCESSING OPERATIONS INVOLVING PETROLEUM PRODUCTS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS FOLLOWS: Section 1. This ordinance amends the Town of Hillsborough Zoning Ordinance to temporarily prohibit the acceptance, processing, review and/or consideration of new applications for permits and/or approvals to operate manufacturing and processing facilities involving the use of petroleum products (such as, but not limited to, refineries for gasoline and other fuels, liquefied gas refineries, asphalt plants, finished petroleum products plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles and lor coating materials, and plants manufacturing or processing petroleum lubricating oils and greases). Section 2. This ordinance is adopted to promote and protect the health, safety and welfare of the residents of the Town of Hillsborough and its extraterritorial jurisdiction by temporarily halting the acceptance, processing, review and consideration of plans or proposals to construct the types of facilities described in this ordinance while the Board of Commissioners studies the Hillsborough Zoning Ordinance, and in particular whether the existing provisions thereof (a) adequately consider and address the types of information required for informed decision-making on such plans and proposals and (b) establish a review process which provides sufficient opportunity for gathering the quality of information necessary to make informed decisions on such plans and proposals. The Board of Commissioners intends that at the conclusion of its study amendments to the Hillsborough Zoning Ordinance may be considered if the study results in a determination or recommendation that amendments may be in order. Section 3. The Town of Hillsborough Zoning Ordinance is amended by adding a new Section 3.3.1, to read as follows: Section 3.3.1 Manufacturing and Processing Facilities Involving Petroleum Products Notwithstanding any provlSlon in this Zoning Ordinance to the contrary, no manufacturing and processing facility involving petroleum products as one of the materials being manufactured and/or processed (including, but not limited to, refineries for gasoline and other fuels, liquefied gas refineries, asphalt plants, finished petroleum product plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles, and/or coating materials, and plants manufacturing or processing petroleum lubricating oils and greases) shall be permitted unless a complete application for such facility has already been accepted by the Town, and no new application (i.e., an application not already being processed as of the effective date of this ordinance) for any permit or approval to operate such a facility shall be accepted, processed, reviewed or considered by the Town. . . . ds- ;l,lt.} ()Pbi DYl 3 AN ORDINANCE AMENDING THE TOWN OF HILLSBOROUGH ZONING ORDINANCE TO TEMPORARILY SUSPEND THE REVIEW, CONSIDERATION AND ISSUANCE OF PERMITS AND APPLICATIONS FOR MANUFACTURING AND PROCESSING OPERATIONS INVOLVING PETROLEUM PRODUCTS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS FOLLOWS: Section 1. This ordinance amends the Town of Hillsborough Zoning Ordinance to temporarily prohibit the acceptance, processing, review and/or consideration of applications for permits and/or approvals to operate manufacturing and processing facilities involving the use of petroleum products (such as, but not limited to, refineries for gasoline or other fuels, liquefied gas refineries, asphalt plants, finished petroleum product plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles and/or coating materials, and plants manufacturing or processing petroleum lubricating oils and greases) . Section 2. This ordinance is adopted to promote and protect the health, safety and welfare of the residents of the Town of Hillsborough and its extraterritorial jurisdiction by temporarily halting the acceptance, processing, review and consideration of plans or proposals to construct the types of facilities described in this ordinance while the Board of Commissioners studies the Hillsborough Zoning Ordinance, and in particular whether the existing provisions thereof (a) adequately consider and address the types of information required for informed decision-making on such plans and proposals and (b) establish a review process which provides sufficient opportunity for gathering the quality of information necessary to make informed decisions on such plans and proposals. The Board of Commissioners intends that at the conclusion of its study amendments to the Hillsborough Zoning Ordinance may be considered if the study results in a determination or recommendation that amendments may be in order. Section 3. The Town of Hillsborough Zoning Ordinance is amended by adding a new Section 3.3.1, to read as follows: Section 3.3.1 Manufacturing and Processing Facilities Involving Petroleum Products Notwithstanding any provlSlon in this Zoning Ordinance to the contrary, no manufacturing and processing facility involving petroleum products as one of the materials being manufactured and/or processed (including, but not limited to, refineries for gasoline and other fuels, liquefied gas refineries, asphalt plants, finished petroleum products plants, plants which manufacture asphalt paving mixtures and blocks, asphalt shingles and/or coating materials, and plants manufacturing or processing petroleum lubricating oils and greases) shall be permitted, and no application for any permit or approval to operate such a facility shall be accepted, processed, reviewed or considered by the Town. This section shall apply to all applications for a permit or approval, including any application which is pending as of the effective date hereof.