HomeMy Public PortalAbout04-22-2003 Joint Public Hearing
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PRESENT:
PUBLIC:
STAFF:
ITEM #1:
ITEM #2:
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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.
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ITEM #3:
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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.
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4/22/2003, page 3
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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.
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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.
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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
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4/22/2003, page 4
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ITEM #4:
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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.
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4/22/2003, page 5
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ITEM #5:
MOTION:
VOTE:
ITEM #6:
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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.
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MOTION:
VOTE:
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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,
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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:
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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.
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()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.