HomeMy Public PortalAbout01-21-2016 Minutes BOC PB JPHPlanning Board Minutes
January 21, 2016
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MINUTES
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and
PLANNING BOARD
Thursday, January 21, 2016
7:00 PM, Town Barn
PRESENT: Christy Raulli, Janie Morris, James Czar, Chris Wehrman, Jennifer Sykes, Erin Eckert,
Rick Brewer, Toby Vandemark, Mayor Tom Stevens, and Commissioners Jenn Weaver,
Brian Lowen, Kathleen Ferguson, Evelyn Lloyd and Mark Bell
STAFF: Planning Director Margaret Hauth, Town Manager Eric Peterson, Management Analyst
Jen Della Valle, Town Attorney Bob Hornik
ITEM #1: Consideration of changes or additions to the agenda
Mayor Stevens called the meeting to order at 7 p.m., confirmed there were no changes to
the agenda, and passed the gavel to Planning Board Chair Erin Eckert.
ITEM #2: Open the public hearing
Chair Eckert opened the public hearing.
ITEM #3: Master Plan for King Highway Park
Ms. Hauth reviewed that residents near Kings Highway Park had brought concerns to the Town Board last
year. She reviewed that the town has approved placing a bio-dock at the park. She reviewed that the Parks
and Recreation Board held public meetings regarding the bio-dock and the park and now has
recommendations for other improvements as well, which are detailed in the Master Plan. She noted the
item is being brought to public hearing so the plan, if adopted, will be a component of the town
comprehensive plan.
Mr. Wehrman added that the Parks and Rec Board would like to add a parking lot on the north side and
enlarge the parking on the south side. Commissioner Weaver added that the Parks and Rec Board walked
the land and recognized that this is a natural park and placed a lot of importance on thinking creatively on
how to connect pedestrians, even though that may be a really long term plan.
Ms. Hauth asked the audience whether anyone wished to speak on the plan. No one did.
MOTION: Commissioner Ferguson moved to close the public hearing on this item. Ms. Vandemark
seconded.
VOTE: Unanimous
ITEM #4: Continued hearing - Annexation, Rezoning and Master Plan application from Caruso
Homes for approximately 125 acres at the eastern end of Orange Grove Street. The request would
annex the parcel into the city limits and rezone the property from Agricultural Residential to
Residential Special Use. The master plan shows a mixture of single family, townhome and
apartment development totaling 1,150 dwellings. A master plan does not entitle the owner to
development permits, but establishes a framework for future Special Use Permit reviews. (portion
of OC PIN 9874-10-9993 north of Interstate 85).
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January 21, 2016
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Ms. Hauth reaffirmed her oath on this item. She reviewed that this is the third public hearing on this
project. She pointed out the map indicating revisions to the proposed Master Plan. The Special Use
Permits would be more detailed but would have to comply with the Master Plan, she summarized.
At the first public hearing, the request was for 1,100 dwelling units. The request is now for 1,038
dwelling units not nearly as specifically broken out by the types of dwelling units, including 88 units that
would be designated as affordable. The plan includes a gift of 3 acres of land to CASA, a nonprofit based
in Raleigh with units in Durham, which builds and rents affordable units. Other changes included
conditions of development that now specifically address community amenities and park areas in each pod,
clarifying language about inner connectivity between different pods, and a reduction in height (four-story
maximum rather than five).
Also, Ms. Hauth reviewed, Town Board members had noted some things that were outside the realm of
this project and hired consultants to do a couple of studies. One is looking for pedestrian connectivity
from the train station and Collins sites across the Eno into downtown. The other is looking at a possible
pedestrian connection across I-85 to the south. The North Carolina Department of Transportation doesn’t
have additional information about the South Churton Street widening and Orange Grove Road Extension
project yet, so that couldn’t be incorporated into the consultant’s study. The projects are still funded and
expected to begin construction in 2023. Board members haven’t received preliminary reports from the
consultants because they didn’t come in time for the agenda packets, but she has them tonight and because
the consultant studies are not tied to this project, the board can receive them and discuss them outside the
public hearing.
Ms. Hauth briefly reviewed the pedestrian connectivity study. On the east side of Churton Street, there are
a lot of utilities and River Park which makes it prohibitive to build a pedestrian bridge on that side. There
are two lines on the west side on the map indicating where the town could create sidewalk on the west
side of Churton Street and build a pedestrian bridge. Doing an addition to a bridge for pedestrian purposes
is not something DOT is likely to be interested in helping us with, she explained. There was consideration
of Exchange Park Lane, but it’s a much longer walk. Consultants recommend following the green line on
the map. Consultants also suggest considering creating path to Exchange Park Lane and look at
renovating that bridge to get a wider sidewalk, perhaps putting all pedestrian traffic on one side rather
than a sidewalk on each side. $1.4 million is the estimate for a pedestrian bridge over the Eno and the
walkway to Exchange Park Lane. The town would probably end up paying 20 percent of that. Ms. Raulli
asked what a conceivable timeframe would be for that. Ms. Hauth answered it wouldn’t be advisable to
design it until 2018 when we have an idea of DOT is doing on South Churton Street. Then, it is likely 5
years or more until the project is completed. Commissioner Weaver asked if the design work has to be
done before putting it in the TIP process. Ms. Hauth answered no, but it’s more competitive if the design
work has been done.
Ms. Hauth reviewed the study looking at whether it’s possible to build a bridge over I-85 and that the
consultants had concluded that it was. There are two suggestions. One is to design a two-lane road, which
aligns roughly with the main entrance to Collins Ridge that would connect with Leah Drive which
connects to Millstone Drive. This slopes more gently but is more circuitous in terms of connecting
neighborhoods. She prefers the second option, which comes right into Becketts Ridge Drive Extension.
It’s a lot steeper. She is leaning toward a bike and ped improvement at this time because the engineer said
with improvements to Churton Street, as a road connection, this probably won’t carry more than 3,000 or
4,000 trips a day in 20 years. As a road project, this is probably close to $8 million. If we want it to be a
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January 21, 2016
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local road, there’s not an immediate funding source to help us build the road. If it’s just a bike/ped bridge,
the cost is probably $4 million and there are funding sources to help.
Commissioner Lloyd expressed concern that this was being looked at before the town decides whether or
not to approve Collins Ridge and appeared to be presented as if Collins Ridge has already been approved.
Mr. Czar asked whether the consultants thought aligning with the proposed entrance to Collins Ridge was
the most efficient place to cross. Ms. Hauth answered the consultants were asked to look for the best
alignment. They picked the narrowest spot on I-85 (closer to the interchange it gets bigger). Ms. Hauth
explained between the I-85 widening and a creek that runs along, this is indicated as the most optimal
point for crossing.
Beth Trahos, representing Caruso Homes, reaffirmed her oath. She reviewed the changes made to the plan
including reducing the density, 950 units plus up to 88 affordable housing units, which she said was a
reduction of 112 units. Ms. Raulli asked why. Ms. Trahos said to give more open space. And the plan
proposes reducing the apartment buildings from five to four stories because of the impact of the view
from Churton Street. The rental affordable housing would be provided by CASA, which has a program
that houses veterans. She listed amenities such as three transit stops and bike racks and reviewed the
limitations on lot sizes. Also, a bit of property would be added to the town’s property, which Ms. Trahos
indicated on a map. There would be a total of at least 3 acres of open space. The Master Plan commits to
at least 1.1 miles of trail dedicated to the town and 1.8 miles of sidewalk. She reiterated that this Master
Plan is more detailed than the Future Land Use Plan but not as detailed as a Special Use Permit.
Brian Purdy with J.R. McAdams Company was sworn in. Mr. Purdy indicated the realignment of the
main spine collector road. Ms. Trahos and Mr. Purdy indicated where CASA site would go. They
explained there are requirements that affordable housing be no more than one mile from a grocery store.
Commissioner Ferguson raised concerns that this proposals places all the affordable housing together and
next to the power line. Ms. Trahos said after talking with Robert Dowling of Community Land Trust,
Caruso Homes determined the home ownership affordable housing was not doable for them.
Commissioner Ferguson asked what would be the distance to a grocery if it was closest to the train station
because it would be nice for transportation to be close. Commissioner Ferguson said for best practices for
affordable housing, you want it inclusionary, not lumped together. You don’t want it identified as the poor
section. Have you considered whether it’s possible to have it inclusionary and make it closest to the train
station? Ms. Morris raised concern that this would be lumped together. Ms. Trahos said the CASA
representative will speak to that.
Jess Brandis, representing CASA, was sworn in. She said for rental housing, we like the idea of a site in
one place because we would be building a large building for cost savings. We came to the 88 number
together, doing a tax credit development of 60 units for those earning 60 percent or less for workforce
renters and some for people with disabilities, and then looking at another type of housing up to 18 units
with supportive housing for veterans. We felt like we were on the same page with Caruso Homes. The tax
credit from the state has the requirement of proximity to grocery stories. CASA hasn’t drilled down any
further than what’s presented tonight, a location in parcel B. We did talk about having the tax credit
building separate from the supportive housing, if that would help spread out in two different areas. It can
be helpful to have them side by side to minimize our cost. We own and manage all of our properties so we
want our products to look great and be a place where our tenants would want to live for a long time.
Commissioner Ferguson cautioned against talking about product; these are homes for people. Ms. Brandis
assured the board that CASA talks about homes. Commissioner Ferguson said she likes what CASA does
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and she recognizes the need for permanent supportive housing, and she wonders whether it would be for
veterans only and why can’t it be interspersed. Having it lumped together is old school. It’s not best
practices. Hillsborough strives for best practices in everything. Ms. Brandis answered that state tax credits
are quite prescribed. Ms. Brandis said CASA sees this as a way to include affordable housing in an
otherwise market rate development.
Mayor Stevens asked whether Ms. Brandis has looked at Hillsborough’s design standards and considered
how her projects would fit into the fabric of the larger development and town. Ms. Brandis said she hasn’t
read the design standards extensively. We don’t want to use cheap materials because we want it to look
nice and last a long time, she said. Commissioner Ferguson said deed restrictions are generally not as
permanent as a 99-year lease. How is there permanent affordability in place? How does the affordability
survive past the organization? Ms. Brandis said there are deed restrictions. In other communities, 20 or 30
years. Ms. Trahos said if someone desired to rezone it, they’d have to come to this board.
Jeff Caruso reaffirmed his oath. The problem with mixing in the units is that they would be more
expensive so you can do far fewer. He doesn’t know whether it’s possible to find a longer amount of time
than 20 or 30 years. He thinks this is a nice location. They were thinking of apartments for older people at
this location.
Ms. Brandis added there are 54 units in Orange County operated by CASA but not built by CASA. She
thinks they have 99-year lease restriction.
Ms. Sykes wondered if Walmart would count as a grocery with the I-85 pedestrian walkway. She is
suggesting perhaps placing the 18 units closer to that side, in a different location.
Commissioner Bell asked if the 60 units is hard and fast with the state. Ms. Brandis answered it is cost per
unit and land cost that makes it not possible to do less than 45 units. Commissioner Bell wondered if it
were possible to do something creative that would intersperse the units like taking the ground floor of
eight different buildings. Ms. Brandis answered that those units would be condos, which are problematic
for her organization to operate.
Ms. Trahos added that there will be a mix of sizes and price points that will create affordability, although
not the HUD definition of affordability. The neighborhood will be a mix that reflects the vision in your
Comprehensive Plan.
Chair Eckert asked about a second access to South Churton Street. Ms. Trahos answered that Caruso
Homes has secured an emergency access point through the Duke power easement. The language in the
document refers to emergency vehicles coming in and out. Mr. Hornik pointed out that sometimes need to
evacuate. Chair Eckert gently prompted that there is another entrance. Ms. Trahos answered yes, there is a
second entrance. The emergency access was the first thing to come to mind because it was recently
secured.
Chair Eckert recognized citizens had signed up to speak.
Frank Williams was sworn in. Mr. Williams stated that speaking on behalf of the five landowners of
Collins Ridge property, the landowners have striven to find the wisest and most beneficial use for this
property. He reviewed they’d sold land that became Durham Tech and the UNC Campus, provided land to
ball teams, and sold the railway station land to the town. They are in support of Caruso Homes developing
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the land. Two of the sellers live close to the Collins Ridge property and have a very strong interest in the
project being a nice one. Mayor Stevens said the town is appreciative of the sellers selling to the town.
Joe Phelps reaffirmed his oath. He stated that he is not against this development. He reminded everyone
that past developments for this property have been turned down. He has several questions including what
is the second road access. Also, he thought the Master Plan plots should have more detail. Any place that
says either townhomes or single family homes, expect all townhomes. Addressing where Ms. Trahos said
no lot would be more than than 10,000 SF, he figures the lots can’t be over 5,400 SF with the density. He
thinks there’s too many apartments. You need more precise info about what they’re going to do. When
Forest Ridge came forward, was it a different process? Ms. Hauth answered yes, they submitted the
Special Use Permit from the start. Mr. Phelps said from the start you need to know the garages won’t face
the front. Commissioner Lloyd recollected that one was turned down because the developer was unwilling
to put in the infrastructure.
Randy Sexton reaffirmed his oath. Mr. Sexton addressed Mr. Phelps that the binder is the third that has
been submitted and details alleys, which way houses will face, single family lots no way more than 50
feet wide. Mr. Sexton added that the affordable housing component will be nice.
Jeff Caruso reaffirmed his oath. He gave closing remarks. They have contracted to buy property along
Orange Grove Road to widen before DOT widens. They have figured out how to put a sidewalk there.
Chair Eckert asked for any further questions as part of the public hearing process.
Commissioner Lloyd said when she comes out at night and looks back, I feel like it’s a lot of houses. She
expressed concern at the length of time it takes to drive north into town in the evening. Mr. Caruso said is
that a question. Chair Eckert said there was a traffic study. Commissioner Lloyd said the traffic study
doesn’t help her with this if you look at cars trying to get north through the town at 6 p.m. She’s
concerned about backup on I-85. Traffic is the main thing. Also, seeing one grocery store with all these
people, she questioned where everyone was going to buy things. I think it will be there forever and that’s
the closest land we have to town. When this is done and Daniel Boone is redone, that will be it.
Commissioner Ferguson asked the developers if they looked at the small area plan of the railway station.
In the small area plan, it addressed the land closest to the station being mixed use commercial/residential.
She asked why hasn’t there been talk about interspersion of commercial near the train station or power
lines. Mr. Sexton said your zoning doesn’t allow that. We have designed a community that fits your
zoning. We were told the town is going to mock up commercial on the town’s 20 acres if not all used for
the train station – coffee shop, dry cleaners, etc. Mr. Sexton said they had inquired about buying it and we
were told it would have to go out to bid, RFP. The 2030 plan shows this as a residential area with no
commercial component.
Ms. Hauth corrected Commissioner Ferguson that the train station small area plan is not part of our
Comprehensive Plan. Mixed use is designated on the town’s 20 acres. This parcel is designated for
residential development.
Mayor Stevens said when American Assets, Inc., proposed to develop this property several years ago and
was turned down, the board was in a different mindset. He recognized Caruso Homes has been
responsive. Mayor Stevens addressed Mr. Hornik, saying we need to watch the language so that we do get
a commitment for a balance of single family homes, town homes and apartments. Mr. Hornik answered
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that he has started going through the proposed conditions. He’s not finished going through that. There will
be some wordsmithing to do. We have learned from our past experiences.
Ms. Raulli said the density may have been decreased due to traffic concerns, but increasing the density in
the middle of town is better. Hold tight to your proposal and give us as much density as can be
accommodated on the site. Ms. Raulli doesn’t want a commitment to all buildings being four stories.
MOTION: Ms. Vandemark made a motion to close the public hearing on this item. Ms. Morris
seconded.
VOTE: Unanimous
ITEM #5: Unified Development Ordinance Text Amendments to:
A) to amend table 5.1.6 to allow storage in the General Commercial district and Section 9.2 to amend the
definitions of storage and self-storage.
Ms. Hauth reviewed the attempt to define between storage and self-storage. She introduced Warren Gates,
who owns Colonial Business Center, has had space vacant for three years and would like to help meet the
demand for climate controlled storage.
Mayor Stevens said it would be accurate to say we are creating language to fit the reality. Ms. Hauth said
yes, to give a little elbow room in the ordinance.
MOTION: Ms. Vandemark moved to close the public hearing on Item 5A. Ms. Weaver seconded.
VOTE: Unanimous
B) to amend table 5.1.6 and Section 9.2 to define the use “government maintenance yard” and permit the
use in the Office-Institutional and Light Industrial districts and Table 6.3.3 to allow the Light Industrial
district to observe a 20’ side and rear setback when adjacent to the Economic Development District.
Ms. Hauth reviewed Item B. It has bothered her that we haven’t had a use that defined government service
yards and there are several in Hillsborough. The North Carolina Department of Transportation could
request a rezoning for its parcel.
MOTION: Ms. Morris moved to close the public hearing on Item 5B. Commissioner Ferguson
seconded.
VOTE: Unanimous
ITEM #6: Adjourn
MOTION: Commissioner Lowen made a motion to adjourn the meeting at 9:03 p.m. Commissioner
Weaver seconded.
VOTE: Unanimous
Respectfully submitted,
Margaret A. Hauth
Secretary