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HomeMy Public PortalAbout10.22.2002 Joint Public HearingTown of Hills Since 175 AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, October 22, 2002 7:00 PM, Town Barn ITEM #1: Call public hearing to order. ITEM #2: Rezoning request from Crown Embroidery to rezone approximately 2 acres at 209 US 70 A from Agricultural/Residential to Neighborhood Business to allow the relocation of the business to the existing duplex (TM 4.40.A.4C). ITEM #3: Rezoning/Special Use Permit request from EYC Companies to rezone 40.13 acres on the south side of US 70 East from R-20 to Mixed Residential Special Use. This district requires the submittal of a development plan along with the rezoning. The proposed plan shows 70 detached single-family lots, 35 tov, homes, 144 limited care apartment units, a 72 bed assisted care facility and related service and recreation buildings (TM 4.37.A.3C & 31)) (speakers on this item must be sworn in) ITEM #4: Subdivision Regulation text amendment to add the creation of non-standard lots when being purchased or offered for public park or public open space use as an exempt subdivision. ITEM #7: Close public hearing and adjourn. Please call the Clerk or Planning Department if you cannot attend 732-1270 ext. 71 or 73 Both lines are connected to voice mail 101 East Orange Street • P.O. Box 429 - Hillsborough, North Carolina 27278 .91.9-7.72-1270 • For 91.9-R44-2..790 MINUTES JOINT PUBLIC HEARING October 22, 2002 PRESENT: Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark Sheridan, David Daniel (PB Chair), Jim Boericke, Joel Brinkley, Cathy Carroll, Cannie Lloyd, Paul Newton, Chris Quinn, Bryant Warren PUBLIC: STAFF: Bob Hornik, Eric Peterson, Demetric Potts, and Margaret Hauth ITEM #1: Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair Daniel. Daniel welcomed everyone and briefly described the hearing process. ITEM #2: Hauth introduced the rezoning request from Steve Goode to rezone 209 US 70 A from Agricultural Residential to Neighborhood Business. She said the applicant desired to move his custom embroidery business closer to his house. Goods said they originally moved to their site behind McDonalds hoping for more visibility. He said it did not happen. He said the majority of his business comes from a few large clients and he has three employees. Brinkley asked if Goode planned to expand. He said he has not in the last nine years. Mayor Phelps asked if the on-site septic tank had been checked. Goode said it hasn't and since he is not expanding the building, it likely would not be. Daniel asked about the screen -printing portion of the business. Goode said they have dropped that part of the business. Chavious asked whether they would have room to expand at this site. Goode said the house is 2000 square feet and they currently rent less than that. He. -said the 3 sewing machines they have fit tightly in the house, but he does riot plan to purchase another. ITEM #3: Daniel swore in Hauth. She said the Corbinton application was two parts; rezoning and special use permit. She added that all speakers would be sworn in so testimony could be considered on the special use permit portion of the request. She said the applicant is requesting Mixed Residential Special Use zoning to develop a retirement center with independent, limited care, and assisted living dwellings. Daniel swore in Ellis Coleman, applicant. Coleman presented a petition in support of the project bearing 160 signatures, a letter from Fred Beck and a letter of support from Norman Haithcock. He said Corbinton Commons would provide single-family houses for sale, rental apartments, and an assisted living center. He noted the proposed community building and facilities would be available to all residents, except the assisted living center, which would have its own facilities. Coleman said the development would follow the HUD guidelines to restrict residents' age to 55 and older on 80% of the dwellings. He said the 20% provides leeway for surviving family members to stay in their house. He added that no one under 19 would be allowed as a resident. He said the proposal focuses on choices for potential residents and that they can decide to buy or sell whenever they want. Coleman said the development would commit to maintain the common and community facilities and provide a service enriched senior environment. He said Corbinton is not a Continuing Care Retirement Center and health care is not required. Coleman said they held a community meeting and gathered lots of domments. He provided elevations of the community building, townhouses, single-family homes, assisted living building, and apartments. He said they are proposing an architectural review board to control the long-term appearance and they have a Charlotte lay Z JPH 10122/02, page 2 architect willingto serve as advisor. He noted this is a control not currents provided or currently required under the zoning ordinance. Coleman said the dwelling unit density is 8 units per acre when including the assisted living beds and 6 units per acre when they are excluded. Coleman reminded the members that seniors rarely have four people in their household, so Corbinton would have fewer people per acre than a conventional subdivision. Daniel swore in Mary Beerman of John R. McAdams, planner on the project. She presented the details of the project, indicating 70 single-family houses and 35 townhouses compose the independent section of the development and compose 32% of the units. She said that portion of the project contains 4.43 units per acres. Beerman said two access points to US 70 Bypass are proposed. A right-of-way reservation to Corbin Street is also provided if the Town wished to pursue re -opening the street. She added that alleys would be used in the single- family portion of the plan. Beerman said turn lanes would be provided at both accesses to US 70. She said due to the restricted nature of the development, the anticipated traffic would be'/4 the number of trips in a conventional subdivision with the same number of units. She compared the impact of Corbinton to that of an 80 -lot subdivision. She noted that about 69 R-20 lots could fit on the site or about 90 if the site was rezoned to R-15. Beerman stated that Orange County Soil and Erosion control had approved the submitted plans. She said the application meets the impervious surface limit in the district by being 39% impervious. Beerman said the site was required to provide 10% open space. She said 4.24 acres are in the wetland corridor of the stream and .over 9 acres on the entire site. Beerman noted that the approximate 5 acres in the perimeter buffer are not included in the open space calculation. She said the plan shows the sidewalks and walking trail with connections to sidewalks. She noted the easement to provide pedestrian access to Caine Street. Beerman noted the development would extend public sewer to the site, making sewer available to additional properties. Mayor Phelps suggested that members hold their questions until after the public comments. Daniel swore in Mike Grainger, consultant to the project. Grainger said the project offers a choice between independent living and dependent living, of lifestyle versus healthcare. He said that, on average, folks are in their 70s or 80s before they begin accessing light health care. He said that Corbinton does not intend to be a Continuing Care Retirement Center. He said a company called Care Focus would be contracted with to provide services to residents outside the assisted living center. Grainger said Corbinton guarantees to have a licensed assisted living center, to follow the HUD age restriction guidelines, and to maintain a professional advisory board. Grainger said the project would be similar to Heritage Pines in Cary. Daniel swore in George Sagar. Sagar said he was in favor of the project but thought abetter alternative was available. He said he wanted to be sure the intended use was maintained in the long term and ensure all phases of the project are constructed. Sagar said he is glad the new zoning district is available. He expressed concern about the impact the project would have on the neighboring property values. He said he expected a substantial negative impact. Sagar suggested revisions to generate a mixture of lot sizes, which is more in harmony with 107113 3PH 10/22/02, page 3 the neighborhood. He said it is the boards' job to protect the town interest. He said he would leave concerns about water capacity to the engineer. Daniel swore in Mike Oakley. Oakley said he lives at 108 Miller Road. He expressed concern that Corbinton did not have access to St. Mary's Road. He also expressed concern about the Elizabeth Brady Road project, which proposed to close and re-route a portion of St. Mary's Road. Daniel swore in Donna Gaster. Gaster said she lives at 306 Caine Street. She said the project is far too dense. She said she is opposed to the walking path or any connection to Caine Street. She expressed concern about the impact to property values in the area. She said she supports the concept of the project, but not in this location. Daniel swore in Debbie Crane. Crane said the proposal is not responsible development and not in harmony with the neighborhood. She added the development would harm property values and disrupt the neighbors. Daniel swore in Liz Muggenthaier. She said she is a physicist and an environmentalist and that the town needs this resource. Daniel swore in Tate McKee. McKee said he is the property owner and he supports the project. He said the process gives the town control over what is developed. Daniel swore in Anne Gregory-Bepler.. She said the project is out of step with Hillsborough. She said the applicant is comparing its density to 40 acres within the historic district. She said there is no possible comparison. She suggested a revised plan that provides more green space. She said this application is not "special" as the district name implies. Daniel swore in Frances Phillips. She said her family has a deep commitment to Hillsborough and she is delighted that a project such as Corbinton is proposed for family property. Daniel swore in Brenda Bryant. She said she lives at 375 St. Mary's Road. She said the ordinance requires skilled nursing care to be provided. She asked whether the residents would be adequately protected. She said she is not opposed to the project, but that it is overwhelming. She said the applicant indicates there are three phases, but everything seems to occur in phase one. She asked if the managers would have experience. Bryant noted her concern about the density of the project and indicated densities of similar projects, including Methodist, Carolina meadows, and Galway Ridge. She asked about enforcement of the proposed legal restrictions. Daniel -swore in Andrea Shapiro. She provided copies of a letter indicating her concerns about the damage to the existing environment and cultural resources on the property. JPH , 10/22/02, page 4 Daniel swore in Scott Stephens. He said he is concerned about the density and traffic. He said the plan provides from 470 parking spaces, which indicates 470 additional drivers of advanced age, which leads to potential problems. He said the Carol Woods traffic study did not adequately predict the traffic experienced in that development. He asked what was wrong with the current zoning designation of R-20. Daniel swore in Rodney Wilson. He said he shares the concern about density. He said this proposal locates 1000 people on 40 acres. Wilson said the impact might be greater than expected. Daniel swore in Betsey Tilley. She said she is delighted with the proposal since elders pay taxes too. She said that the project is too dense for her liking. She said she would like to be able to stay in her neighborhood as she ages. She suggested phasing in the single-family houses. Daniel swore in Lee Gordon. He said he lives at 383 St. Mary's Road. He said the project is a great idea with a slick presentation. He asked the members at what price do we want a development of this type. He expressed concern about the stress to public services. He said the buildings are 50 feet tall with a 9,000 square foot footprint. Gordon said he could not support the project as proposed. He asked if the units could become subsidized and what type of enforcement of the conditions the town would have. Daniel swore in Carlton McKee. He said the project is wonderful and will have a positive impact on the town. He added that it would have no impact on the school system. Daniel swore in Jack Chestnut. Chestnut said he is the vice -chair of the county's advisory board on aging. He said the population aged 65+ would change by 130% in Orange County. He expressed some concern about the number of units in the proposal. He asked the members to get clarification on whether or not health services would be provided and how. Daniel swore in Craufurd Goodwin. He said he is opposed to the development. He asked the members to consider the welfare of the citizens who live here. He suggested ' the members only accept developments whose benefits clearly outweigh the costs. He asked about an "end game" scenario; what if the development is unsuccessful. Goodwin said the project would occupy one of the few vacant lots in town. He expressed concern about the demand on town services if the development were approved, annexed, and considered tax- exempt. Goodwin said the Vision 2010 plan endorses lower density development. Daniel swore in D. M. Brown. Brown said he did not receive notice of the meeting. He said you couldn't currently turn into or out of the Lowe's Foods on Cornelius Street at 5:30 PM now. He said the town needs this type of development, but not in this location. Daniel swore in Vincent Curasco. He said he is a physician who is personally aware of the frustration with locating housing for elderly parents in the area. He said Corbinton provides a:unique model. He suggested the members look carefully at what is being offered, JPH 10/22/02, page 5 Daniel swore in Robert Greson. He said Hillsborough needs this development. He expressed concern about the traffic it would generate. Daniel swore in Debbie Mitchell. She said she represents Care Focus and described the services they have planned for Corbinton Daniel swore in Aaron Meyer. He presented a petition in support of the project. Daniel swore in Peter Langon. He spoke in support of the project. He said there is a current gap in elderly housing for those with incomes between $34,000 and $50,000. In that income range you cannot get subsidies and you can't afford market. There were no other speakers. Daniel passed the gavel back to Mayor Phelps. Mayor Phelps closed the public hearing and thanked everyone for coming. Coleman asked that his attorney respond to some of the basic questions speakers had before moving to board questions. Allison Cayton said that restrictive covenants would be recorded before construction begins to address many of the conditions of the project. She added that the homeowners association enforces the age restriction and they would be responsible to report compliance to HUD. Commissioner Sheridan asked if there was a mechanism to allow Orange County residents first option on the initial sale of units. Coleman said he did not know, but they would research the question. Commissioner Sheridan asked if Corbinton would seek tax-exempt status. Coleman said only for the community building and open space areas. He said he would look into the recent request made by Carol Woods to be tax exempt. Commissioner Dancy asked about the age restriction and what would happen if a family had a surprise child late in life. Coleman said his initial reaction would be that anyone under 19 would be a violation of the restrictive covenants and HUD guidelines. He said he would research how other developments have addressed the issue. Mayor Phelps asked for confirmation that 20% of the residents may be between 19 and 54 and Coleman said that was correct. Commissioner Gering asked Coleman what other, similar projects he has developed. Coleman said he has development 2 other for sale residential developments that were not age restricted. He said this proposal was made to fill the gap they experienced in the other projects. Commissioner Gering asked who the health care partner is. Mike Grainger said it would be for home care provided by Care Focus, a licensed provider. Grainger added that another company would run the assisted living center and currently three are being interviewed. Commissioner Gering asked whether this development provided opportunities for aging in place. Grainger said a skilled nursing facility is not included in the plan, so there is a.missing component. Debbie Mitchell added that skilled nursing is regulated by the state and can only be built with permission. A? V. 67 JPH 10122/02, page 6 Daniel asked if the traffic study took into account that 20% of the residents may not be elderly and may have regular work hours. Kevin Hamak said he would check the study details. Daniel asked how the age restriction is handled for re -sales. Coleman said the age restriction becomes a deed restriction. Brinkley asked if preference is given to current development residents for the increased service units. Coleman said there is preference given, but not a guarantee. He added that people can also move in at any level and that the assisted living center could not survive with residents coming from Corbinton alone. Commissioner Sheridan asked if the guarantee could be built in. Coleman said only if the development becomes a licensed CCRC, which is a health care contract. He said Corbinton is not trying to be everything to everyone. Commissioner Chavious asked about current traffic conditions and the three schools in the immediate area. Coleman said the NCDOT will review the driveway permit requests and that they are anticipating the requirement for turn lanes at both entrances. Commissioner Chavious asked whether the age could be further restricted. Coleman said yes, there is a level that requires everyone to be over the age of 62 and that the homeowners association could further restrict the 19-54 age group to older. 0 Mayor Phelps adjourned the meeting at approximately 10:30 PM. Respectfully submitted, 1-1