HomeMy Public PortalAbout10-19-2017 Minutes BOC PB JPHJoint Public Hearing Minutes
October 19, 2017
Approved: January 8, 2018
Page 1 of 14
Minutes of the Joint Public Hearing
Hillsborough Board of Commissioners and Planning Board
7 p.m. Oct. 19, 2017
Whitted Meeting Room, 300 W. Tryon St.
PRESENT: Mayor Tom Stevens and commissioners Mark Bell, Evelyn Lloyd, Brian Lowen and Jenn
Weaver. Chair Dan Barker, Toby Vandemark, Lisa Frazier, Chris Johnston, Doug Peterson,
Jennifer Sykes and Chris Wehrman
STAFF: Planning Director Margaret Hauth and Town Attorney Bob Hornik
ITEM #1: Consideration of additions or changes to the agenda
Mayor Tom Stevens called the meeting to order at 7 p.m. He encouraged those who wished to speak to
sign up. He also encourage brevity as there were many speakers signed up. There were no changes or
additions to the agenda.
ITEM #2: Open the public hearing
Mayor Stevens turned the gavel over to Planning Board Chair Dan Barker. Chair Barker opened the public
hearing.
ITEM #3: Rezoning and special use permit for the West End Heights project. The owner is asking
that two parcels totaling 3.7 acres be rezoned from Residential-10 and Residential-15 to Residential
Special Use. A special use permit application has been submitted to create a 24-lot subdivision
containing 8 townhouses and 16 detached houses with 11 off-street parking spaces. The subject
properties are located at 111 Jones Ave. (PINs 9864-55-4749 and 9864-56-5150).
Planning Director Margaret Hauth explained the process for swearing in and was sworn in. She said one
parcel is zoned Residential-10, and a portion of the other parcel is zoned Residential-15. If the property
owner just wanted to create conforming lots and build single-family houses, the owner could build 12
houses, based on the square footage of the land and not taking into account any other ordinance
requirements. There is an unopened right of way that runs east to west through the property. The Board of
Commissioners will hold a separate public hearing about that. If the right of way is closed, half would go
to this property owner and half to the adjacent owner. The decision about closing that right of way and the
decision about this request for rezoning and a special use permit will be made by the Board of
Commissioners in December.
The planning director explained that the zoning called Residential Special Use has no minimum lot size,
no minimum setback and no maximum density. This area is served by water and sewer services.
Ms. Hauth said staff highlighted in the agenda packet several topics that need to be discussed including
how this project relates to the existing neighborhood. Also, there needs to be discussion about building
setbacks as the applicant has requested zero, but building code would require a fire rating or minimum
separation of about 5 feet if there were widows on the facing walls. She suggested a minimum setback of
3 feet per lot. She said the board does not have much control over design and materials. The developer is
proposing a private driveway. The applicant intends to preserve most of an existing stone wall.
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October 19, 2017
Approved: January 8, 2018
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The planning director reported some of the trees on this site are in the public right of way. The
Hillsborough Tree Board looked at the plan earlier this week and approved removal of the pine trees. The
Tree Board also gave the property owner approval to remove the hornbeam trees along West King Street
but only if those trees can be replaced with trees that meet North Carolina Department of Transportation
and Town of Hillsborough standards. If the property owner cannot meet those standards, then the property
owner is required to return to the Tree Board.
The applicant is requesting 13 waivers from the Unified Development Ordinance. Also, garbage and
recycling collection is not yet sorted out because the private streets would not accommodate the large
collection trucks.
Commissioner Kathleen Ferguson stated she had attended a clean energy conference at Vanderbilt
University earlier in the day and wanted to submit into the public record a presentation on land use and
clean energy that she had heard at the conference. Town Attorney Bob Hornik said she would need to
present something to enter the presentation into the public record. Chair Barker said he would call on
Commissioner Ferguson for her presentation later in the public hearing.
Lisa Ellis, a real estate agent representing the property owner, was sworn in. Ms. Ellis established she has
experience with Hillsborough. She said her parents owned the Regulator Café in the 1980s, and she lived
on West King Street. She worked at the Colonial Inn as a teenager. She has enjoyed being a participant in
Hillsborough and has enjoyed seeing it grow and change. She was introduced to this property in March or
April of 2016. She said that the first neighborhood meeting took place in the middle of 2016. It was well
attended, and neighborhood residents raised several points of concern. She said she has been working to
compromise on the project. She heard concerns about density and heard a desire to preserve the trees and
the stone wall, to add a sidewalk around the neighborhood, and to maintain the green space. There have
been four neighborhood meetings.
Ms. Ellis said the proposed density is less than it could be. There could be as many as 12 units per acre.
Ms. Hauth corrected Ms. Ellis, saying there is no maximum density under the zoning Residential Special
Use. Ms. Ellis said there has been no intention to fill the property with as many units as could fit on it. The
property owner also bought the corner of West King Street and Collins Avenue to protect the corner from
future development. This preservation of open space brought down the number of units to 24 for the
property. At least an acre is preserved as green space. The sidewalks would be built on three corners of the
property. The stone walls would be maintained. The size of the homes was a concern to many neighbors
who wanted to make sure the home sizes are what you would see around the neighborhood. Also, the
stormwater retention ponds are underground. To maintain all these items is expensive, so there have to be
some units that help spread the cost, she said.
Ms. Ellis said she believes she has shared, listened and tried to compromise. She is a 21-year veteran of
selling real estate. The town needs new residents and new people to continue to be viable. She believes
smart growth happens when you build within a town where the utilities and services already are. This
makes more sense than building a new neighborhood outside of town. She said, I know people are really
not excited about the growth. The changes are coming. She said 100 people a day continue to move to the
Triangle. She said about 20 homes a year turn over in downtown Hillsborough, according to the multiple
listing service. She said she understands there are other homes not sold through real estate agents that go
uncounted by that service. You have to have more new housing for people who want to be within walking
distance of what downtown has to offer, she said.
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Approved: January 8, 2018
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Ms. Ellis said she cares about the town and she believes good construction can happen downtown. She
knows people are interested in the price points. She said a 955-square-foot home in West Hillsborough
recently sold for $350,000. A 2,000-square-foot home was recently listed for sale for $425,000. Homes in
West Hillsborough are going to get more and more expensive. Ms. Ellis asked for people to be kind as
they speak. She said she is a single mom and works tirelessly and enjoys people.
Ariel Gamboa, the project engineer, was sworn in. He said the site limitations are not unusual for an infill
development. The proposal is to keep the stone wall and steps for the character of the area, but that
impacts the sidewalk and driveway location. The lot sizes are a compromise with the neighborhood. The
applicant team added front porches and a larger footprint to avoid going taller. He said it is the applicant
team’s intent to create an exciting, viable community. He noted that the stormwater management devices
would be underground and that the architect can talk about the design and the traffic engineer can testify
the roads can handle the additional traffic.
Brian Shepard, the licensed professional architect who designed the project, was sworn in. He said
architects appreciate infill projects because they create a sustainable lifestyle. He said Hillsborough is very
special not just to Ms. Ellis but also to Summit Design and Engineering Services, the company for which
he works. Mr. Shepard said he appreciates what the town has done with identifying that this property has
high potential for this community. It is smart growth in that it already has utilities and services and you
can create more housing in an urban environment, he said. Because there is a grid of sidewalks and streets
and there are restaurants just a few blocks away, it is an urban environment. There are new jobs coming to
the area, and infill development will allow other people to move in, Mr. Shepard continued. We are
surrounded by urban sprawl, which destroys ecosystems and natural habitats. This project does not. He
said he was an architect in Washington, D.C., for many years and has been here for seven years. He said
North Carolina is one of the foremost leaders in environmental structures. We can be an example of smart
growth for the other communities around us, he said.
Chair Barker said someone from the applicant team needs to present the reasoning for the waivers. Mr.
Gamboa said the multiple waivers are mostly due to site constraints, like the stone retaining wall.
Waivers 1 and 2 are regarding disturbing steep slopes. There is 16 feet of grade change across the site. The
proposal is to maintain the steps in the middle of the site. The bulk of grading is done on the townhome
section. The plan is also to disturb more than 25 percent of the slopes over 25 percent. The plan is not to
flatten the steep slopes but to use them, which is also considered disturbing them.
Waiver 3 is regarding eliminating the buffer between Residential Special Use & General Commercial —
adjacent to the parcel behind the bar. The proposal is to reduce the buffer for 100 feet along Jones Avenue
to build the sidewalk in the buffer.
Waiver 4 is regarding the lot width. The ordinance requires a lot width of 30 feet, and the request is to
waive that for the townhome portion.
Waiver 5 is regarding building driveways close to intersections; that waiver is needed to preserve the
stone wall and steps.
Waiver 6 is regarding driveway alignment and is requested so that headlights do not shine into neighbors’
houses.
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Approved: January 8, 2018
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Waiver 7 is regarding the ordinance that no more than four lots be built on a private road. Mr. Gamboa
explained the development team did not want to create a big new road.
Waiver 8 is regarding drive aisles in a parking area less than 25 feet. Mr. Gamboa explained the proposal
is to create on-site parking to limit the impact on the neighborhood.
Waiver 9 is regarding private streets being built to town standards. Mr. Gamboa explained that cannot be
done while maintaining the stone wall and steps.
Waiver 10 is regarding grading in the buffer. Mr. Gamboa explained this was requested to allow the
construction of the sidewalk along Jones Avenue.
Waiver 11 is regarding planting street trees. Mr. Gamboa explained the sidewalk needs to be built on the
non-street side of the wall and, therefore, there is no space for street trees.
Waiver 12 is regarding design standards, which the town may not be able to enforce with changes in state
law. The width of the proposed garages would be disproportional to the width of the houses, but they are
behind the homes.
Waiver 13 is regarding landscaping in the parking area. The development team does not want the
landscaping because it would separate the south side parking spaces.
Chair Barker checked with the town attorney that everything has to be presented in this meeting and that
later the applicant can only clarify. Mr. Hornik confirmed that but said the agenda packet is submitted into
the record. Chair Barker asked if there was any other presentation from the applicant. There was not.
Chair Barker asked if there were any statements to explain why the property should be rezoned.
Mr. Gamboa said the viability of the project requires the project to have this density. With the site features
and the underground stormwater feature, the project requires this density to allow for a reasonable return
for the investor.
Mr. Peterson said he wants to be sure he is understanding the building load data table. The back of the
townhomes would face West King Street, and they are 41.5 feet tall and only 9 feet from the street. Mr.
Gamboa said that is correct. Chair Barker said can you explain why that is a good idea. Mr. Gamboa said
using the topography that is here, we have to push them to there. Ms. Ellis said it creates a streetscape so
that when you drive up West King Street and see the project, it has a quaintness about it. The idea was to
build into the topography. The reason she did not put single-family homes there is that the topography did
not work for them. The townhomes would be a three-sided brick product, so it would look like a mill. The
Village Diner is brick. She said there is not really residential on West King Street there. My goal was to
create a little village, Ms. Ellis said.
Mr. Peterson said he is trying to understand; these eight townhomes probably comprise over 100 feet and
they are 40 feet tall, and it basically creates a wall. He is trying to understand how that is consistent with
creating a quaint village that fits in with West Hillsborough. Ms. Ellis said she doesn’t know that there is a
great explanation to Mr. Peterson’s question because there are no townhomes in West Hillsborough now
and because when you make an infill project, sometimes you creep out of the character of the district a bit.
These will appeal to people who don’t want to mow their grass and want to walk downtown. It will create
a distinct feel to it like the little pocket parks in Durham.
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Approved: January 8, 2018
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Ms. Sykes said the proposal for the townhomes is 125 feet wide and 40 feet tall. It’s a giant brick wall
when the rest of the houses are one- or one-and-a-half-story bungalows. West King Street is busy. You’re
talking townhomes and families. Why build 9 feet from that heavily trafficked street, she asked. That
seems risky.
Mr. Shepard said from an architectural approach, he was trying to create something that blends the
housing type with the neighborhood. This is the third design. The initial designs were modern,
contemporary. This third design is more reflective of the neighborhood. The second one was more scaled-
down houses. West King Street has the most density because the project goes from residential into the
commercial core of the city. We thought it would be a good area to create higher density on the site. The
development team wanted that street connectivity for those people who want to walk downtown to Cup-A-
Joe. The residences may be 125 feet long, but the façade is articulated to break the plane. At the street
level, with landscaping, it’s going to be brought down to scale.
Commissioner Ferguson said the Board of Commissioners passed a resolution for clean energy
conversion. How will this help Hillsborough do that? Ms. Ellis answered she might need to hear the plan
to answer that. Commissioner Ferguson said the resolution sets a goal of using 80 percent renewable
energy by 2030 and 100 percent renewable energy by 2050. Mr. Shepard said if anyone knows anything
about sustainable smart growth, this type of infill project is perfect. The design is for small-footprint
houses with compact and efficient floor plans. He is sure 90 percent of the homes in this area give off
emissions the owners are not aware of. These new homes will be all electric, which is a cleaner form of
energy. He could sit down and write her a dissertation on how these homes are sustainable, he said.
Commissioner Ferguson said you speak about electricity yet only 0.2 percent of Duke Energy’s portfolio
is solar. Commissioner Ferguson said, talk to me about construction and energy usage. How is this going
to help us achieve our clean energy conversion goals? Mr. Shepard said from a LEED Certification
standpoint, it is already an urban environment with pedestrian traffic.
Ms. Ellis said in her experience, green is something we all want. It is very expensive to be LEED certified
and have a lot of green materials. Heating and air systems, windows, insulation and roof shingles are
improved every year. To provide LEED-certified homes would make the homes much, much more
expensive than anyone would want to pay for them. The materials have not come down enough across the
board to make them feasible.
Mr. Shepard said this is actually the perfect project to get LEED-certified because it is not that expensive
with North Carolina’s building code. This type of project could be LEED-certified, especially with the
stormwater collection planned for the site.
Commissioner Ferguson said in the application, you state that the current residents on the property will be
assisted in finding affordable housing options. Explain to me what the property owner is doing to help
residents find alternative affordable housing. Ms. Ellis answered that her understanding is the property
owner has offered to help current residents lease some of his properties. They have been great tenants, and
he has other properties around town.
Commissioner Mark Bell said he understands maximizing density, but he is curious how it compares to
the current density of the surrounding neighborhood blocks. He knows Ms. Ellis cannot break it down by
acre, but he thinks perhaps she could look at GoogleEarth and report how this proposed density compares
with what exists. Ms. Ellis answered that seven homes would face Jones Avenue and that five would face
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October 19, 2017
Approved: January 8, 2018
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Benton Street, where there is a church and one home on the corner. The townhomes on West King Street
look across to the Village Diner and to the side of one single-family home.
Commissioner Bell said the proposal is for 24 units. Nearby comparable blocks seem to have half or two-
thirds this density. Ms. Hauth said she had done a quick comparison earlier in the day but hadn’t brought
the results with her. She noted that the parcels within the 500 foot notification area have slightly more than
four units an acre.
Chair Barker reminded the development team that they needed to address the findings of fact. Mr. Hornik
read from Section 3.83 of the Unified Development Ordinance, which states the findings of fact that must
be met. These include that the development maintains the public health, safety and general welfare; that
the development complies with relevant regulations as specified in the ordinance; that the development
enhances contiguous property or is a public necessity; and that the development is consistent with the
town’s comprehensive plan.
Chair Barker said the boards need evidence to speak to that. Ms. Hauth said there is information in the
packet that speaks to that. She added that the submittal materials are binding and part of the record.
Commissioner Weaver said she has three questions. The first is the issue of private streets and trash
pickup. That sounds like a real challenge. This board has talked about the importance of public streets.
Some parts of this project would have trash pickup, and some would not. Another question is the
sidewalks. The community values walkability a lot. So to have sidewalks that are on the other side of the
wall is a setup for all kinds of trouble, like the private streets and trash pickup. Her third question is what
remained the biggest sticking points after all the neighborhood meetings.
Mr. Gamboa said he will try to answer the questions. It is his understanding that one of the
neighborhood’s wishes is to maintain the stone wall, but the sidewalk has to be built on top of it. If you
take the wall away, the sidewalk would not have to be on the other side of it, there wouldn’t have to be
private streets and there wouldn’t be trash pickup problems.
Commissioner Weaver said the community thought it wanted the stone wall, which created other issues.
She is assuming the stone wall is no longer a sticking point for the neighborhood.
Ms. Ellis said the initial plan was that the streets were not private and went through the town block. She
heard residents did not care for the street going through. The hill limits the ability to build, and we did not
want to take the stone steps out of the middle. The development team proposed a street from Jones
Avenue to Collins Avenue. That seemed to be an issue because of cutting the stone wall and adding
headlights shining into adjacent houses. The solution was to have the street go into the project, loop
around and come out. It had to be a smaller street and, therefore, a private street. Ms. Ellis said the trash
pickup has been a quandary. Waste Industries will not commit to picking up the trash until the project is
built and Waste Industries is able to evaluate the private road.
Commissioner Evelyn Lloyd asked if the streets will be wide enough for a firetruck. Ms. Hauth said the
fire marshal submitted comments that it would meet fire code.
Mr. Chris Wehrman said regarding the West King Street elevation, can you think of any other buildings in
Hillsborough with that elevation for residents? Also, he asked Mr. Gamboa whether he has experience
with the underground stormwater basins. Mr. Gamboa answered that Summit Design and Engineering has
used these underground basins. Also, Mr. Gamboa said he has engineered seven or eight for the City of
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Approved: January 8, 2018
Page 7 of 14
Durham. Mr. Wehrman asked if they were successful. Mr. Gamboa answered affirmatively. Mr. Shepard
said regarding the elevations on West King Street, the word “connectivity” reverberates through his head.
The higher height of that building is engaging the slope. The style of the townhouses is a very simple
Federal style. The red brick of the town is what we proposed. Hillsborough is known in the architectural
community for that red brick. The design includes a scale of windows and doors that matches
Hillsborough, and the townhomes connect to the street with a humble staircase. It is a very simple
structure and emulates the architecture that is around it. The intention was to capture the essence of the
period.
Mr. Wehrman asked whether the open space would be accessible to those who live outside this project.
Ms. Ellis answered that the development team was hoping to dedicate the corner of open space to the town
as a park. Mr. Wehrman said, so one half of the open space would be public? Ms. Ellis answered the
intention is to create a neighborhood that is inclusive. Ms. Hauth said an earlier application talked about
dedicating to the town, and then the development team took it out. Ms. Hauth said normally, the town
does not accept park space within neighborhoods. Mr. Gamboa said the corner open space parcel contains
really nice trees. The goal is to preserve them and place a picnic table and bench near them. The current
plan is to include this land in the maintenance of the homeowners association. Ms. Ellis affirmed this plan.
Chair Barker checked that the intent was for the open space to be available to the public.
Ms. Sykes asked why traffic was not measured heading west.
Ed Sirgany, the traffic engineer, was sworn in. He said he wanted to count traffic on the known “back
way” to get to interstates 40 and 85 while avoiding South Churton Street, which is Eno Mountain Road.
He said he picked Bellevue Avenue as a worse-case scenario.
Commissioner Ferguson said she has questions for staff. She was looking for good pictures of the
historical buildings. She is trying to understand the footprint and height of the old school, turned into
apartments. She knows it was a different era, but she wonders what kind of traffic the school generated
when there was a school at this location. Ms. Hauth said that information is not available. A former
member of the Planning Board had shared a photograph of the school building, which will be in the next
agenda packet, Ms. Hauth said. The town does not have archival data about this land. From the
photograph, it looks like the school was a story-and-a-half-tall building. Chair Barker said there are the
1950s Sanborn maps, but that will not get into the public hearing tonight.
Ms. Sykes said assuming a square footage price calculation, she would like to understand cost
comparisons because these proposed homes do not have heavy setbacks and do not have yards. She is
curious about that cost by lot size and not by houses. Ms. Ellis said she is not sure how to answer except
that you’ve got a piece of land and you need to create something on it and you need to have so many
things to make everything work together, and so the lot sizes are small. It’s a 3.7-acre parcel, and by the
nature of urban infill, the lots are small. Ms. Sykes said you mentioned a house on the market for
$425,000, but she bets it is on a quarter of an acre. She wants numbers to know if the price point is
accurate and comparable to the neighborhood. Ms. Ellis said we are not building homes that are just like
what you already have. It would be hard to do. With urban infill, you change the footprint of the houses
and lot sizes. And the cost of construction today is very expensive. So, the people who are going to pay
the price for a small lot size are the people who buy the houses.
Mr. Shepard said he is not a real estate agent, but when people move into a town, they are not trying to
escape their neighbor. He directed his comments to the people in the audience who were opposed to the
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project and said, you created a website and that’s a great use of community, but you are going against a
project that is smart growth. Drive out of town and see development where they are clear-cutting trees.
This is an opportunity to support a smart growth project in an urban environment.
Chair Barker said 44 people signed up to speak on this item. He encouraged speakers to keep their
comments brief.
Anne Parks was sworn in. She lives downhill on Hassell Street. We have zoning for a purpose to maintain
the character of the town, she said. She doesn’t think this project maintains the character of the town. She
would approve more density if it would provide affordable housing.
Cindy Talisman was sworn in. Ms. Talisman said she lives where the traffic will be impacted. She said the
Board of Commissioners wants people to live, work and play in Hillsborough. Allowing this would
change the uniqueness of West Hillsborough. She is wondering how people who work in Hillsborough,
such as police officers and those who work in restaurants, would afford a $345,000 home. She believes the
residents who will pay this much will drive out of Hillsborough to work elsewhere.
Dawn Bagwell was sworn in. She lives on the corner of Jones and Collins avenues. She recognized
neighborhood committees by asking members to stand. She also asked everyone in the room who is
opposed to the special use permit application to stand. There were about 160 people in the audience, and
most of them stood. Ms. Bagwell said our original goal was to preserve the characteristic of the mill
villages in this district with a conservation district, but the state has pulled the neighborhood conservation
district from its ordinance. It has become apparent that this special use permit will not maintain the
character of our neighborhood nor is it appropriate zoning to comply with the Unified Development
Ordinance.
Linda Shambley was sworn in. She has lived in West Hillsborough for 68 years. It has always been a nice,
quiet little community, and we don’t need this, she said. She lives on the corner of Jones Avenue and
Benton Street. She remembers when the apartments burned down and the victims of the fire. She is
concerned that the proposed houses would be too close together. She wonders why the project has West
End in its name. This is West Hillsborough, she said. West End is where Hillsborough BBQ Company is
located. This is not like in Europe. It’s West Hillsborough. It’s not like in Durham. It’s West
Hillsborough. She remembers walking to school. She is concerned about traffic. There is no sidewalk for
people to walk to town.
Jackie Stonehuerner was sworn in. She lives on West Hill Avenue, about two blocks south of the
development site. She walks to this location often and is opposed to this development. Many people have
told her it is a lost cause and developers are going to get what they want, but she wouldn’t be here if she
believed that, she said. She gave the dictionary definition of zoning. She shared her calculations for water
capacity and said she believes there is not enough water. The reservoir expansion is not complete, and the
reservoir has to be partially drained for the expansion work, she noted. She submitted her statement to the
joint boards. She urged the Board of Commissioners not to approve increased density until the reservoir
expansion is complete. She expressed concerns about traffic. She checked whether her written submission
would be entered into the public record even if she did not read the entire submission. Mr. Hornik said it
would be. She continued reading. She said she and her husband moved to Hillsborough because they are
from small towns. She said those who like this development are those who want to sell their houses and
leave.
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JonPaul Stonehuerner said he gave his time to the previous speaker.
Evelyn Hicks was sworn in. She said she has had a stroke and does not speak well. She lives on Barracks
Road. She and her husband built that home years ago and raised five children there. She was raised at 409
West Hill Ave. She doesn’t want this development, she said. She has lost sleep and is stressed over this.
We don’t live in a village; we live in a community, she said. Most of the homes were built by those who
worked in the cotton mills. A lot of people have had to sell their homes. She wished the person who
started this would take his money and go to Texas and Florida, where people need homes built. Traffic is
so bad, she said. She asked the Board of Commissioners to go see 420 S. Greensboro St. in Carrboro,
where five condominiums surround the family house. She pointed out West End Heights is not a good
name because this is West Hillsborough. West End is South Nash Street where the barbecue place is. She
thinks this development is tacky and takes away from the whole community.
Tim Woody was sworn in. He lives on Allen Ruffin Avenue. He thanked the board and noted that all the
neighbors have come out tonight. He agrees with everything the previous speakers have said.
Pip Merrick was sworn in. She lives in West Hillsborough. She reread the Hillsborough Vision 2030 Plan
and she said she plans to crib some phrases from the plan, such as “protect the special character and
architectural integrity.” I don’t think we’re seeing that here, she said. I don’t feel that this development, as
it stands, is going to do that. In listening to this tonight, I wanted to learn the facts. I wanted to see the
pictures. I wanted to get a better idea of what the whole idea would be, she said. She thinks the board
members asked perceptive questions. She is very disappointed with what the development team said.
Linda Pedrick was sworn in. She lives on West Queen Street. She agrees with what the neighbors have
said. All the concerns are her concerns.
Andrea Krivacka was sworn in. She has lived on the corner of Jones Avenue and Benton Street for 16
years, diagonally across from this property. She said she has seen a lot of change, and she is not opposed
to change. We do get to shape and guide that change, she said. Of the 202 houses in the area, only 26 have
two stories, she said. This development doubles that all in one square block and introduces three-story
houses. The majority of houses in this area are less than 1,500 square feet. These proposed houses are
much bigger. My neighborhood is being targeted because of its proximity to downtown. Also, West
Hillsborough has no sidewalks. The walkability is our streets, and you can’t have walkability if there is
more traffic on the streets. There are traffic bottlenecks on Eno Mountain Road. This is a multi-
generational neighborhood of modest homes, modest incomes and modest yards. What does this
development add to West Hillsborough that warrants rezoning? Also, the brick is proposed to match, but
where is the brick? Dick’s Bar and Grill is cinder block. The stone wall is actually concrete. And she is
not sure the trees would survive this development.
Patrick Krivacka was sworn in. He agreed with all the previous speakers from his neighborhood.
Julie Sendor was sworn in. She lives on the corner of Benton Street and Allen Ruffin Avenue. She is a
farmer and grew up in Orange County. She was excited that she was able to purchase a home with her
partner. She is opposed to rezoning this land owned by Jim Matheson. She has also been working as a
community organizer and journalist for nine years, particularly focused on the relationship of community
to the land. Problems arise when people try to exact the maximum dollars from the land. It never leads to
the flourishing of the neighborhood, she said. She is concerned what it means for affordability and
character of the area. In the last presentation from developers, the lowest home was estimated at $325,000.
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And they could go up to $400,000. She would like to do a decision on this project that aligns with the
Vision 2030 Plan.
Andrew Huggins was sworn in. He owns a home with Julie Sendor, and he agreed with everything just
said. He hopes the board understands the time and investment residents have put in to preparing for this
public hearing. He asked that the Board of Commissioners to not rezone West Hillsborough.
Dani Black was sworn in. She has lived in West Hillsborough more than 21 years. She has raised her
children there. She lives on Collins Avenue and is the only adjacent property owner. She knows change
comes; and she is not opposed to development of those lots, but she is opposed to this development. She
said there are older residents on fixed incomes who can continue to live here. This is affordable housing.
Young families live there. That’s affordable housing. Everyone knows people who have been priced out of
Hillsborough. Economic diversity is good for people. She believes this development will have a negative
impact on the social fabric of the community. The lowest entry price point is $325,000 with no garage.
According to Zillow, the median price point for Hillsborough is $260,000. According to the Vision 2030
Plan, this development is in contrast to what we need. She understands that if the board does not approve
the rezoning, the neighborhood could see up to 12 McMansions built on this property. But there are many
lots on nearby streets that would be ripe for a quick buck if this rezoning were approved. This proposal
has given residents an opportunity to think about what West Hillsborough means to us.
Paul Sylvestre was sworn in. He lives on West King Street just east of Nash Street, six blocks away; but
he believes he would be impacted. He agrees with the other neighborhood speakers. The proposed
development would substantially change the character of West Hillsborough, particularly that of West
King Street. Also, population growth does not pay for itself. He has lived here a year and a half.
Previously, he has experienced development in Alexandria, Virginia, and in Durham. It starts small.
Please don’t let it happen here.
Lynn Patterson was sworn in. She lives on South Bellevue Street. She moved here in 1997. She agrees
with everything that her neighbors have said. She submitted a highlighted version of the Vision 2030 Plan.
She said it has to be proven that this is a necessity, and I don’t think it is.
Kate Axelrod was sworn in. She is a homeowner within 500 feet of the proposed development. Her family
has owned a home on Jones Avenue for more than 20 years. She shared concerns that neighbors have
raised, especially with how the proposed development would change the character, increase traffic, and
conflict with the Vision 2030 Plan and not contribute to affordable housing.
Noah Mace was sworn in. He agrees with the previous speakers, particularly Dani Black’s testimony. He
noted the 13 waiver requests and said he also disagrees with the project because it does not comply with
the Unified Development Ordinance.
Jacquelyn Vorndran was sworn in. She said she is renting a home on Nash Street. She finished her
master’s degree and realized everything she wants in a community is here in Hillsborough, so she chose
not to leave. She said the design is not compatible with the district. She said it is not only unwanted by
people who have been here a long time but by the people who have not been here long. People want the
bungalows and the mill houses.
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Jacob Rutz was sworn in. He said he is married to Ms. Vorndran and agrees with the previous speakers.
He implored the board to consider that the community showed up to give feedback to the applicant and
that the property owner did not come.
Francisco Plaza was sworn in. He echoed the points made by his community. He got the sense from
talking to folks in the town that specific issues have to be mentioned. There are a lot of great points that
have been made which did not address specific issues, he said. The density of the project is the biggest
problem. One is the transition from the street to the homes. The fronts of these houses are too close to the
road. There is no graceful transition from the street to the house because of the density. Also, the closeness
of the houses leaves space in between that does not get meaningfully used. He referenced a book called,
“A Pattern Language” by Christopher Alexander, which identifies this as dead space.
Chloe Johnson was sworn in. She lives in West Hillsborough on Knight Street. She loves the community.
She thinks the lot size is integral as we walk around the neighborhood and go to our friends’ houses. She
asked the board to deny the special use permit.
Paul Cough was sworn in. He lives on Collins Street one block back from the proposed development. He
agreed with the previous speakers. From the strategy map, he noticed that this detracts from the unique
sense of place and history. He said he had learned that in 1815, the Jones Plantation was on the site. He
had learned there were farms. He pointed to the town’s strategy map and cautioned that the development
would detract from the unique vibrancy. His house in Falls Church was bulldozed when he left, and he
does not want to see that happen here.
Arlo Brown was sworn in. He lives on Murray Street. He supports the neighbors and is opposed to the
development. As currently zoned, 12 houses is infill development and is density. By the time this project
would be finished, the mill condominiums will be finished, too.
Jackie Sykes was sworn in. Ms. Sykes said she does not live in West Hillsborough, but she walks her
granddog in West Hillsborough five days a week. She has done some research and has a photograph of the
school. She noted there is no plaque noting where the school was located. She referenced “A Brief History
of West Hillsborough” and said she would submit the information she had found. She is a retired educator.
She thinks the development will change the character of the district.
Carolyn Norris was sworn in. She lives on Allen Ruffin Avenue. She agrees with what her neighbors have
said. She said in the Vision 2030 Plan, the first goal is to sustain Hillsborough’s unique sense of place.
She asked for a show of hands of those who live in the town limits and suggested taking note of those who
don’t (the development team). She said you know neighborhood character when you see it. There is a
countercultural view in West Hillsborough that less is more.
Lindsley Bowen was sworn in. She lives at 1104 W. King St., about six blocks away from the proposed
development. She owns a small business downtown. She rents and is not sure she will be able to buy a
house in West Hillsborough. She asked for a show of hands of those who rent but hope to buy. Some
hands went up. She said she does not mind the current zoning. She doubts 11 or 12 homes in the $800,000
price range would be built. She told the joint boards, our neighborhood is literally in your hands tonight.
We do not want the rezoning or the special use permit granted.
Jay Crawford was sworn in. He said he is a lifetime resident of Hillsborough and has seen West
Hillsborough decline. He remembers when there were stores and a barber shop. He said West
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Hillsborough is in disarray. He wonders why this part of Hillsborough does not have sidewalks. Some of
the houses need to be replaced. Change is going to happen in West Hillsborough, he said. He said the
roads need curb and sidewalks so that residents can walk to Gold Park and the West End. Growth is
inevitable. He does not see what good opposing the project does. He thinks the development would raise
the tax base. He would like to see the project move forward, perhaps scaled down.
Gary Kueber was sworn in. He lives on South Bellevue Street. He is not opposed to this development. It
boils down to some folks would like to see 11 or 12 houses built and do not care about the design. To him,
the design is very important. A lot of the conceptions — such as providing the dedicated public space,
saving the wall, moving the density to West King Street — were design elements to try to make the site
more appealing. His concern is there is no protection in West Hillsborough. We have no approval rights or
say in what happens to the trees, he said. The prices in this area are going up. The mill houses are selling
for $400,000. If the site is not developed under the special use permit process, then the site could be clear-
cut with a cul-de-sac built that has houses facing inwards with three-car garages and I will hate it, he said.
Lucy Wilson was sworn in. She has lived on Eno Street for eight years. She agreed with her neighbors that
the proposed development does not fit with the Vision 2030 Plan, particularly goals 1, 2 and 4. She is
concerned that traffic will discourage walkers.
Debbie McMullen was sworn in. She lives on Jones Avenue and agrees with her neighbors who oppose
the project.
Chair Barker asked if there was anyone with new or additional information who wished to speak on this
item.
Lewis Munnier was sworn in. He lives on St. Mary’s Road. He is from Queens and is opposed to this
project. He thinks it will look like Apex.
Debbie Case was sworn in. She lives on West Hillsborough Avenue. She is opposed to the rezoning.
Cecilia Carden was sworn in. She has lived on Murray Street for about 18 years and has lived in
Hillsborough longer than that. She said she does not care for sidewalks and curb and gutter but walks all
the time. Her friend lost children in the fire on this site and she hates the thought of looking at houses 9
feet from the road. She would hate to see this development come.
Kevin McKenna was sworn in. He lives on Allen Ruffin Avenue. He is opposed to the special use permit,
and the main reason is density. He has two small children, and he thinks the density proposed here is
unacceptable.
Marvin Levy was sworn in. He lives on Bellevue Avenue. He said we have a strong community. He said
let’s not equate lack of sidewalks with poverty. Our streets are good. Our police are great. Build the 10
houses that are allowed. Don’t give a variance. The condominiums being built at Bellevue Mill will
already bring more traffic.
Chair Barker noted that was the end of the community speakers and invited the development team to
speak again. He let them know that they could hold off responding to the community comments and have
the hearing continued.
Mr. Gamboa said the proposed development would be an exciting community with innovative stormwater
control. The purpose of the homeowners association would be to maintain the open space. The minimum
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house size would be 1,600 square feet. At one time, there were 17 apartments located on this site. The
traffic analysis was done; and we understand the traffic will increase, but the roads have capacity to
handle that.
Ms. Ellis said she appreciates that everyone showed up. They are lucky to have a community that cares.
She doesn’t know why anyone wouldn’t want to live in a community like that. Allow 24 more people to
live there, she said. She doesn’t believe the project will impact the character of the district. It’s not about
making a lot of money. People said there is a lot of affordable housing in West Hillsborough, and some of
it needs to be repaired so people can enjoy it. The housing doesn’t turn over very often. It just isn’t
coming up for sale. Density affords you the ability to keep the trees and the walls, throw your Frisbee,
walk your dog. It is not a 200-house subdivision. It is a small project.
Mr. Shepard said, I’m an architect, not the developer. He said he is a little saddened by the attitude the
neighbors have toward change. He said this will never be an Alexandria. It will never be a Queens. But
you have an opportunity for smart growth. He thinks diversity of character is lacking in the room tonight.
He thinks this is an opportunity to diversify your community.
Chair Barker asked the development team whether the team wanted to close the public hearing or continue
it. If you feel you need to present more information, we can keep it open, he said. Ms. Ellis answered that
there was nothing more to present.
MOTION: Ms. Sykes moved to close the public hearing on this item. Ms. Vandemark seconded.
VOTE: Unanimous
ITEM #4: Unified Development Ordinance text amendments to amend to Section 6.13.3.2 to clarify
parking requirement in the Central Commercial Zone.
Ms. Hauth reviewed this would clarify the parking requirement that all commercial property owners
downtown provide one parking space per 500-square-foot addition to the building. This makes reference
to the downtown parking inventory and provides a higher standard in the calculations for rounding up to a
parking space.
ITEM #5: Unified Development Ordinance text amendments to amend Section 6.13.9.10 to amend
the requirements regarding requests for excessive parking.
Ms. Hauth reviewed that this states if an applicant wishes to have 125 percent of the minimum parking
required, the issuing authority might ask the applicant to create some alternative parking spaces rather
than just requiring pervious parking spaces.
Ms. Sykes asked whether it includes a list of what counts as innovation. Ms. Hauth answered this board
will decide. Commissioner Weaver asked if extra parking is one of the common waiver requests. Ms.
Hauth answered there are some waiver requests regarding this but not a lot.
ITEM #6: Unified Development Ordinance text amendments to amend Section 6.13.3.5’s table of
parking space requirements to better match the permitted use table and parking requirements.
Ms. Hauth noted the parking table was updated to include all the uses in the permitted use table.
ITEM #7: Unified Development Ordinance text amendments to amend Section 6.15.7 to update the
recreation points system, relocate some language to other section, and add incentives for priority
types of improvements.
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Ms. Hauth noted the Parks and Recreation Board had updated the table and listed what it wished to
incentivize. In checking with nearby local governments, she had found that Hillsborough’s point system is
unique. This amendment would add uses to the table and simplify the number of points.
Ms. Hauth noted that Chair Barker had suggested rounding up the decimal numbers to whole numbers, but
Ms. Hauth found that the numbers would be really large then. The Parks and Recreation Board will revisit
the list every January.
MOTION: Commissioner Ferguson moved to close the public hearing on items 4 through 7. Ms. Frazier
seconded.
VOTE: Unanimous
ITEM #8: Adjourn
MOTION: Commissioner Ferguson moved to adjourn at 10:45 p.m. Commissioner Lloyd seconded.
VOTE: Unanimous
Respectfully submitted,
Margaret A. Hauth
Secretary