HomeMy Public PortalAbout10-25-2004 Workshop Session
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Minutes
October 25. 2004 WollGhop
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Minutes Approved: December 13. 2004
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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
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Minutes
October 25, 2004 Workshop
Page2of2
Minutes Approved: December 13, 2004
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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.
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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
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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
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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
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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:
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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
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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.
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Joe Phelps, Mayor
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PRESENT:
PUBLIC:
STAFF:
ITEM #1:
ITEM #3:
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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
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ITEM #2:
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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.
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ITEM #4:
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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.
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ITEM #5:
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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
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ITEM #6:
ITEM #7:
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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,
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