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HomeMy Public PortalAbout10-25-2004 Workshop Session i~ 1 -,' . u Minutes October 25. 2004 WollGhop Page 1 of2 Minutes Approved: December 13. 2004 . Town of H~l~ ODIII~ MINUTES Board of Commissioners Monthly Workshop October 25, 2004 -7:30 p.m. Town Barn The Hillsborough Town Board held a monthly Workshop on September 27,2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Workshop were Mayor Joe Phelps, and Commissioners Eric Hallman, Michael Gering, Brian Lowen, Frances Dancy, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Finance Director Greg Siler, Planning Director Margaret Hauth, and Town Attorney Bob Hornik. . 1. Open the Workshop Mayor Joe Phelps opened the Workshop at approximately 7:30 PM. 2. Agenda Changes & Agenda Approval By consensus, the Agenda was approved as presented. 3. Presentation by George Horton regarding the Gateway Center George Horton appeared before the Board outlining the proposed plans for Gateway Center. The Board received the presentation and voiced their general support. 4. Consider Approval of Tolling and Accounting Order to extend the Review Period for Time Warner Cable's 2004 FCC-1240, 1235, 1205 Rate Filing Through January 2005 By consensus, the Board approved the Tolling and Accounting Order to extend the Review Period for Time Warner Cable's 2004 FCC-1240, 1235, 1205 Rate Filing Through January 2005 as presented. The motion was declared passed. A copy of the Tolling and Accounting Order is hereby incorporated by reference and made a part of these official Minutes as an Attachment. . 5. Consider Approval of Construction of Retaining Wall Bids and Provide Direction to Staff 1 1:120 Minutes October 25, 2004 Workshop Page2of2 Minutes Approved: December 13, 2004 . The Board asked Assistant Town Manager/Public Works Director Demetric Potts to contact the Department of Transportation to see if they would be involved in this project. They also directed him to involve the Tree Board to evaluate the health and condition of the trees that are in the area between the sidewalks and the road and bring a report back to them for further consideration. 6. Consider Resolution Adopting Orange County Hazard Mitigation Plan By consensus, the Board moved to adopt the Resolution Adopting Orange County's Hazard Mitigation Plan as presented. The motion was declared passed. A copy of the Resolution is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 7. Discussion of Next Steps in the Strategic Growth Plan Process Planning Director Margaret Hauth presented process options for the Board's consideration. She will get back with the Board for further direction possibly at the Joint Meeting in January. 8. Open Board Discussion, Updates, Committee Reports There were no updates or reports. . 9. Other There was no further business discussed. 10. Adjourn By consensus, the Board moved to adjourn at approximately 9:30 PM. The motion was declared passed. Respectfully submitted, Donna F. Annbrister, CMC Town Clerk . 2 . . . l.~21 STATE OF NORTH CAROLINA TOWN OF HlLLSBOROU'GH IN THE MATTEIl OF: Regulated Cable Service Provided by Tone Wamec Cable to its (INSERT COMMUNITY NAME) Cable TelevWon Subsaibas ) ) ) ) ) ToDiogand ~ Order to Extend 1he Review Period for Tune Warner Cable's 2004 FCC-1240, 1235, 1205 Rate Filing Through Janwuy 2005 BEFORE THE TOWN OF IDLLSBOROUGH: WHEREAS, on October 1,2004, Tone Warner Cable submitted an FCC-l240.Updating Maximum Permitted Rates filing, FCC-120S Determining Regu1ated Equipment and. Installation COllIS, and FCC-I23S cost of Service Filing for Cable Network Upgrades for Regulated Cable Service with the Town, Time Warner Cable's filing includes ad1I8I and estIJD-ted c:osIs it mayiDcur during the projected period J8DU8IY -December 2005, aIoDg with previous expeuses ftom. the "true up. period October 2003 - September 2004; WHEREAS. the Federal Communicafinos Commission bas promulgated latel/ullcing procedures that allow cable operators to estimate future extemaI costs, and c:osIS associated with system upgrades, and RCOver those projected costs utilizing the FCC-l240 filing process, performed annua1ly; WHEREAS. the Town ofHiUsborougb is certified with the FCC to regulate basic cable service, equipment and iosta11ation rates and services within Hilkborougb; and WIIEREAS, tho FCC 176.9]3 grants ftimcbise authorities die ability 10 ton the time in which to review rate filings submiUed by CfiJle upe&ators, ~ die period of review &om die initia130 days. 10 an additioDal90 days (120 days tom1) past the original date of receipt by the ftancbiso authority. IT IS THEREFORE ORDERED: THAT the time period in which the Town ofHU1sborougb has to review Time Warner Cable's FCC-l240 rate tiling is tolled 90 days past the original 30 days (120 days total) allowed by the FCC, extending the total review period deadl~ and . THAT Tune Warner Cable is directed to maintain a complete and accurate aa:ounting of all costs and revenues associated with the aforementioned fiJing. ISSUED BY ORDER OF THE TOWN OF IULLSBOROUGH: - This the.-U-- day ofOctober' 2004. A1TEST: ~t#4J.: 0cIiftII' via Catifiod u.s. Mail to: PlIIII BDCIIieri. Va ~ TUDe WIIDlI' Cable. JlaIciab-Dudllm DiviIioa File copy to: Robert F. Scpe. Acdoa AudiIs, Dc.. 101 Pocono LaDe. c.y. NC 27513 . . . 1~22 A RESOLUTION ADOPTING ORANGE COUNTY HAZARD MITIGATION PLAN WHEREAS, the North Carolina General Assembly passed Senate Bill 300 "An Act to Amend the Laws Regarding Emergency Management as Recommended by the Legislative Disaster Response Commission" in June of 200 1 that among other provisions requires local governments to have a hazard mitigation plan approved prior to November 1, 2004 in order to receive state public assistance funds; WHEREAS, in October of 2000 the President of the United States signed into law the "Disaster Mitigation Act of 2000" (PL 106-390) to amend the "Robert T Stafford Disaster Relief and Emergency Act of 1988" which among other provisions requires local governments to adopt a mitigation plan in order to be eligible for hazard mitigation funding; WHEREAS, the North Carolina Division of Emergency Management is assisting local governments in the formulation of hazard mitigation plans; WHEREAS, the North Carolina Division of Emergency Management has established rules and criteria that allow municipalities to ad~pt their county's approved hazard mitigation plan through resolution; '. WHEREAS, the Town of Hillsborough has worked closely with the Orange County Hazard Mitigation Planning Team to develop a county-wide hazard mitigation plan that will serve the needs of Hillsborough Citizens; WHEREAS, the Town of Hillsborough supports Hazard Mitigation Planning as a logical means toward protecting people and property from the potential devastating effects of ~ natural hazards; NOW, THEREFORE, BE IT RESOLVED that the Hillsborough Board of Commissioners: I. Desire to participate with Orange County in planning for the mitigation of effects caused by natural hazards; 2. Assign staff representation as determined by the Town Manager to work as a members of the Orange County Hazard Mitigation Planning Team to implement and update hazard mitigation planning activities; . 3. Adopt, by way oftms resolution, the "Orange Co,!nty Hazard Mitigation Plan" as approved by the North Carolina Division of Emergency Management. r. o~ .~ i Joe Phelps, Mayor \.....,../ . . . PRESENT: PUBLIC: STAFF: ITEM #1: ITEM #3: :~2 3 Minutes October 26. 2004 Joint Public Hearing Page 1 of 5 Minutes Approved: December 13, 2004 MINUTES JOINT PUBLIC HEARING October 26, 2004 Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Evelyn Lloyd, Brian Lowen, Paul Newton (pB Chair), Jim Boericke, Cathy Carroll, Dave Remington, Barrie Wallace, Bryant Warren Eric Peterson, Bob Hornik, and Margaret Hauth Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair Newton. Newton welcomed everyone and briefly described the hearing process, noting that some speakers would have to be sworn in before providing testimony. Hauth was sworn in and ~ntroduced the Special Use Permit for Goodwill Community Foundation to build a retail store at 520 Hampton Pointe Blvd. She said she had provided written notice to the neighbors of the development rather than neighbors of just the site. She noted two concerns about the proposal being parking encroaching in the interstate buffer and the visibility of the service/loading area. She said the applicants are available to present the plan in detail. Tom Harrell was sworn in and discussed the basic layout of the site plan. He said that the store function required the loading area to be in a visible location. He noted that the site had only 42% impervious surface and complies with the 50' buffer along the interstate. Tim Kurmanski was sworn in and discussed the details of the renderings and construction materials. He noted that the block has color throughout so there is no need for paint. He said this site represents the 24th GCF store he has worked on. Jackie Rosati, Beckett's Ridge resident was sworn in and spoke. She asked the boards to be vigilant about construction noise limitations and enforcing the noise ordinance during store operation. She expressed concern about the timing of deliveries to the store and the potential nOIse. Mayor Phelps asked if the driveway is shared with the adjacent lot. Hauth confirmed that it is shared and aligned with the access to the Wal-mart site. She noted that parking is considered a structure under the town ordinance and therefore subject to the more stringent 100' buffer rather than the 50' mentioned by the applicant. Mayor Phelps asked about truck maneuvering on the site. Kurmanski said the site is served with box truck only, no tractor- trailers. He said the trucks are roughly 35' - 40' long and can maneuver on the site by pulling across the front of the store and backing up to the dock. Hornik asked about scheduling. Kurmanski said to be efficient the schedule is very systematic. The trucks are gone from the site most of the day and no personal deliveries are permitted to the dock. The 1 . ITEM #2: . . c~24 Minutes October 26. 2004 Joint Public Hearing Page 2 of 5 Minutes Approved: December 13. 2004 trucks return late in the afternoon or early evening. The store closes at 6 PM and the trucks return between 8 and 8:30. Hauth introduced the anneXation, zoning, master plan and Special Use Permit for Oakdale Village. She briefly discll$sed the items listed in her report that did not strictly meet the Zoning Ordinance and noted the Board had the flexibility to waive specific requirements. Craig Hunter, applicant, was sworn in and provided some background on the project. He said the site would provide 75 new jobs and $10 million of new tax base to the town. He said the anticipated uses would also improve the quality oflife of current residents. Hunter said the project would have a unified architecture, lighting, and signs to provide consistent quality. He added that the site would be pedestrian friendly and provide outdoor dining options. He said the plan would be presented in detail by his three team members. Tony Whitaker was sworn in and discussed the plan and how was has been revised since initially discussed with the Town Board. He addressed the findings offact the board needs to make for a Special Use Perinit. He said there is noting inherently dangerous about the uses proposed for the site. He said the area is in transition from residential to commercial and mixed use. He said that with the development of this site, he expects the values will be maintained or will increase in the neighborhood. He said the proposal is harmonious with the adjacent uses through the use of buffers. He added that the uses would be low water uses. Whitaker said the proposed pharmacy had been pulled back from the corner to accommodate front door parking and a drive-thru window. He said landscaped berms were added on the street side to shield the view of the parking area and block headlights. He said the multiple driveways help balance the traffic load on the site and two streets. He showed detailed drawings of the proposed buffer along the west property line. Whitaker noted that the detention pond would be a permanent pool wet pond. Jeff Wasserman was swomin and described the site architecture. He said the berms will be high enough to block headlights from vehicles on the site. He said the connected stores would have internal storefronts and accept deliveries at the front door during non-open times. He said they expect signage along the rear facades that face Oakdale Drive. Wasserman provide material details indicating the building would be brick with stone accents with metal canopies and artificial stucco. He said there would be seating around the detention pond. Commissioner Gering asked for additional details on the sign program. Hunter said that there would be a unified plan that usually becomes part of the leasing documents and cane be added to the approval documents for the development. Commissioner Hallman asked for more detail on the architectural details of the pharmacy and the walkability of the site in general. Wasserman indicated further details on the pharmacy's elevation and entrance. He noted that there is a combination of sidewalks and landscaped walks on the site so that customers generally don't have to walk in the parking lot or in the street. Commissioner Gering asked about site lighting and building lighting. Wasserman said an acorn fixture will be used along walkways to provide a more human scale and a sharp cut-off box fixture will be used in parking lots. He added that there would be some up-lighting on the buildings. Hunter noted that the same lighting source would be used to provide a unified color and look. 2 . . . ITEM #4: ci25 Minutes October 26, 2004 Joint Public Hearing Page 3 of 5 Minutes Approved: December 13, 2004 Craig Benedict was sworn in and provided comments authorized by the Board of Orange County Commissioners. He provided written comments detailing the existing traffic conditions and the need for interconnectivity to Birch Lake Apartments. He asked the boards to consider the need to provide for driveways to align with future development, showing alternatives discussed when the credit union plan was reviewed by the County. Benedict noted the EDD requirement for a 50' landscaped buffer along South Churton Street and suggested more landscaping near the buildings. He added the sign and lighting plan looked good. He also asked the ooard to consider recycling and deconstruction. Vic Euliss was sworn in. He said he spoke on behalf of the Wades who are property owners. He said the Wades are interested in selling their property and support this project. Perry Reaves was sworn in. He said he is the owner to the west. He asked if the buffer had been changed since he met with Whitaker. Whitaker said the plans he presented are the same he discussed with Mr. Reaves. Reaves said he had no problem with the proposed development, but is sad to lose his long-time neighbors. Terry Snow was sworn in. He is the traffic engineer on the project. He noted that the current situation would continue to deteriorate if no improvements are made. This project is proposing a three- lane section on both Oakdale and Churton Street. He said the NCDOT is already planning to install ~ turn lane for northbound trips on Oakdale Drive. He said this site would also be dedicating additional right of way needed for future widening. He said the cost of the improvements being made by the applicant is $300,000 to $500,000. He said the level of service would be D at build out and with all the improvements, which is better than existing conditions. Hauth said the portion of the hearing requiring sworn testimony was complete. She introduced the rezoning request for Housewright Building Company to rezone nearly 10 acres from R-40 to R-l 0 on Rencher Street. She said the applicant and some neighbors were present. Hauth noted that a protest petition had been timely filed with her office, but the signatures were insufficient because spouses had not both signed the form. Allen Knight, applicant, provided some background about the property and his history building in Hillsborough. He said on Red Oak Court he had to turn away buyers with fmancing because of the need for a lower priced product. Knight said he intended to partner with Community Realty to find buyers in the more affordable range. He provided a preliminary layout sketch for discussion purposes. Commissioner Hallman asked what price range he was aiming for and Knight said it would depend on the final lot yield, but he is aiming for the low $100,000. Knight added that the neighborhood average is $60,000 - $110,000. He noted that he intends to provide a buffer long the Orange High School property and Cameron Estates with the required open space. Commissioner Lloyd asked how many lots were shown on the sketch plan and Knight said 29. Commissioner Hallman asked how many could be built at R-20. Knight said he had not studied it, but based on simple division, the project would not be feasible with that lot size. 3 . . . ITEM #5: Li28 Minutes October 26, 2004 Joint Public Hearing Page 4 of 5 Minutes Approved: December 13, 2004 Tom Wisnet from Community Realty spoke in favor of the application. He said that as an appraiser, he sees a huge demand for houses in this price range. Carroll asked the average price in Cameron Estates. A resident from the neighborhood answered from the audience that the range is $290,000- $490,000. Tom Sikes of Cameron Estates spoke. He said the lots in Cameron Estate range from lf2 to I acre. He expressed concern about the loss of trees on this parcel, which are old growth hardwoods. He said he would be interested in the covenants and restrictions of the new development and concerned about impacts to the neighborhood property vall,les. Vaughn Stewart of Cameron Estates spoke. He said he has recently relocated from Romeo, near Detroit. He expressed concern about the fmancial impact of the smaller lot size. He indicated his lot will back up to this and is currently wooded. He added that Cameron Estates has buffer restrictions. Jacquelyn Chapman- Pointer spoke. She said her house is under construction and she is relocating from North Raleigh. She said she prefyrs to see more neighborhoods like Cameron Estates. Mark Chilton of Community Realty spoke. He said he would like to see more opportunities for diverse populations in Hillsborough. He said this parcel does touch the Cameron Estates neighborhood, but it does not connect to it. It connects to Rencher Street and that's where the relationship is. He said they plan to keep the existing walking path to Orange High School. Arthur Jones from Cameron Estates spoke. He said he has recently moved from Durham. He expressed concern about the vagueness of the application. He added that there is a big difference between the lot size and price. Patricia Clayton from Ret)cher Street spoke. She expressed concerned about causing congestion on the street and where it accesses NC 57. She also expressed concern about raising taxes on existing owners. She said the neighborhood has many generations of the same families and houses have been passed down. Candice Ellis, realtor with Community Realty spoke. She said her primary experience is with first time homebuyers and this development provides a great opportunity for people to owner. Arthur Jones added that his concern is not with the people who might live in the development, but with the design and its impact. Debbie Stewart of Cameron Estates spoke. She said she bought her house for the trees. Tom Wisnet added that Hillsborough has a wide variety of lot sizes and this development will not have an impact on the adjoining parcels. Hauth introduced the text amendments to require cluster subdivisions to seek a Special Use Permit. Commissioner Hallman asked whether "natural features" needed a specific definition. Hornik noted that the proposed changes softened the standard, but clarified that all of the conditions need not be present to qualify. Commissioner Gering expressed concern about the board's obligation to then approve any development meeting the standards. Hornik noted that the board needs to be sure the record accurately reflects the full picture of the development so that evidence that a point is debatable or questionable appears in the record. Commissioner Gering noted that the standard about the overall design being "better" was 4 . . . ITEM #6: ITEM #7: t127 Minutes October 26, 2004 Joint Public Hearing Page 5 of 5 Minutes Approved: December 13, 2004 removed. Hornik noted that "better" very vague and vagueness will be construed against the Town in a legal proceeding. Hauth introduced the text amendments to allow small scale restaurants in the Neighborhood Business district with a Special Use Permit. Knight indicated he has turned away two tenants at Sinclair Station interested in opening a small cafe. Upon the third request, he approached the town to amend the ordinance. Hauth introduced the text amendments to allow multi-family dwellings in industrial districts if a historic industrial building will be restored. Harry Sanders of Falcon Development spoke in favor of the proposal. He provided background on the proposed renovation of the Bellevue mill to include condos or apartments. Chair Newton closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps adjourned the meeting at 9:40 PM. Respectfully submitted, 5