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HomeMy Public PortalAboutJanuary 28th Agenda & Minutes•, Town of Hills AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, January 28, 2003 7:00 PM, Town Barn ITEM #1: Call public hearing to order. ITEM #2: Rezoning/Special Use Permit request for Village at Meadowview, a proposed development containing 192 independent and limited care apartment, 96 limited care condominiums, and a 60 bed assisted living facility on 30.88 acre at the intersection of Orange Grove Road and Eno Mountain Road. (speakers on this item must be sworn in) ITEM #3: Rezoning Request from Allen Knight to rezone .7 acres from General Commercial to Neighborhood Business at the southwest intersection of Corbin and Churton Streets. ITEM #4: Zoning Ordinance text amendment to create provisions for dwellings in the Central Commercial zone ITEM #5: 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 . Por 919.0dd_9.?90 MINUTES JOINT PUBLIC HEARING January 28, 2003 PRESENT: Mayor Joe Phelps, Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark Sheridan, David Daniel (PB Chair), Jim Boericke, Cannie Lloyd, Paul Newton, Chris Quinn, Bryant Warren PUBLIC: Brian Lowen, Dennis Evans, Freddie Satterfield, Annette McCleery, Bob Sisson, Catherine Arnold, Carlos Gomez, Paul Sharon, David Payne, Ben Lloyd, Allen Knight, Robin Taylor - Hall, Scott Radway, Ellis & Natalie Coleman, Andrea Shapiro, Anne Gregory-Bepler, Richard Simpson, Donna Gaster, Rob Shapard and about 10 others. STAFF: Demetric Potts, Bob Hornik, and Margaret Hauth ITEM #1: Mayor Pro Temp Lloyd called the hearing to order at 7:15 PM and passed the gavel to Planning Board Chair Daniel. Daniel welcomed everyone and briefly described the hearing process. ITEM #2: Hauth introduced the Rezoning and Special Use Permit for Village at Meadowview. She noted speakers on this item would have to be sworn in, because the special use permit portion of the application is a quasi-judicial function by the Town Board. Daniel swore in Hauth. She noted that the application is incomplete at this time and will be subject to another hearing because the notices were incomplete due to the addition of land to the application. She said the envelopes at each member's place contained a protest petition from property owners across Orange Grove Road. She said she couldn't determine whether the petition is valid due to a right of way issue that could impact the 100' buffer provided along Orange Grove Road. If the Town or NCDOT require the dedication of the right-of-way, the buffer will not be intact and the petition will be valid. Daniel swore in Dennis Evans, the applicant. He asked Evans to highlight the changes from previous plans, since the members have some familiarity with the project. He described the list of services available in the apartments and condos included in the rent and those special services available for additional costs. He referred to the hand out information for details. Daniel swore in Annette Moore. She described the building construction details in terms of materials and detailing. Evans asked to add his apology for stating the project was a Continuing Care Retirement Community at the Town Board's January 13 meeting. He said he was focusing on the range of services they were offering and didn't associate the question with the industry term of"CCRC." He said that this project is not a CCRC. Daniel swore in Bob Sisson and Catherine Arnold with Tri-State Management. They described their experience with other apartment and elderly projects. They said they don't have an exactly similar project, but closely similar ones. They said staff would be on-site or on-call at all times to address the range of services indicated in the materials. Daniel swore in Freddie Satterfield. He said he is a partner in the project and described the personal experiences that led him to participate in this project. He asked the members to support the project. C Lloyd asked whether the project would have gates or security at the entrances to which Evans replied no. She asked whether there were monthly dues required of residents, to which Evans replied the condo units would have standard monthly association dues. Boericke asked whether there were common dining facilities outside the assisted living JPH 1/28/2003 page 2 facility, to which Evans replied no. Commissioner Gering asked what definition the applicant was using for skilled nursing. Evans replied that skilled nursing is a division of adult care home, based on the definitions used by the state. Commissioner Gering asked whether this application included a round the clock nursing care. Evans said not in the terms of a nursing home where residents are bed -ridden. There will be 24 nursing staff in the assisted living center and a full time nurse available for consultation in the apartments and condominiums. Commissioner Sheridan asked for a clearer distinction between the two services. Evans said that in the assisted living center, which is licensed by the state, a nurse or nursing assistant will be required to check on each resident every two hours round the clock. He added they would provide assistance to residents with eating, bathing, and medication reminders. He added that residents must be able to get out of bed and get to the bathroom and dining hall most of the time; they cannot be bed -ridden. The nursing staff for the other residents will be available 9-6, via phone or visit to assist and provide information. Commissioner Chavious asked about those who need extra assistance, but not everyday. Evans said assistance could be arranged for short-term illnesses. Commissioner Chavious asked whether the activities would be within the apartment buildings. Evans said they would not, but on-site transportation would be available to bring residents unable to walk the distance. Commissioner Chavious asked whether all the residents had access to the dining hall. Evans said they did not, but in home meal service was available at an additional cost. Mayor Phelps asked whether any of the buildings would be single story and Evans said only the assisted living center. Evans added that each unit is single story and each building has an elevator so the entire complex is handicap accessible. Quinn asked for a break down by bedroom number. Evans said about 2/3 of the units would be 2 bedroom and 1/3 three bedroom. Commissioner Dancy asked whether the additional services like meals and housekeeping were available on a pro -rated basis and whenever requested and Evans said they would be. Commissioner Gering asked what the target market or income level is for the development. Evans said the basic rent would range from $840-$875 and would include the basic services mentioned, the condos would cost about $124,000 with about $125 monthly dues, and the assisted living would run about $2400-$3000 per month. Commissioner Gering asked Evans to compare this project to Corbinton Commons. Evans said they are comparable, but he thought his fit a wider income range. Daniel swore in Brian Lowen. Lowen said based on his recent family experience, this project is needed in Hillsborough. He suggested they work with TTA and OPT for increased transit access. Using the example of his mother, he suggested that not all of the residents would need nurses. Mayor Phelps asked Lowen if the quoted fees would have been affordable for his parents and Lowen said they would. Daniel swore in Paul Sharon. Sharon said he is representing the Heritage Apartments and Townhomes across the street. He said he reviewed the plans and ordinance and had some questions as to how the application met the standards. He said the ordinance required innovative design, which he does not see in the plans. He asked how the plans meet the requirements for open space and supportive facilities. Daniel swore in Carlos Gomez to answer the questions. Gomez said most of the supportive services are offered in the JPH 1/28/2003 page 3 renovated and expanded house. Hauth added that the additional information at the members' places indicates compliance with the two standards. Sharon asked whether the property would carry an age deed restriction. Evans said they would follow the 80% rule/exemption from the Fair Housing Law and it would be a deed restriction. Sharon asked which units are assisted and limited care. Evans said the assisted living center contains the assisted units and limited care units will be disbursed through the apartments and condos. Sharon asked whether a Certificate of Need would be required for the assisted living center. Evans said it was optional, that one is available for Orange County and they are in negotiations with an operator to run the facility with a Certificate. Sharon said he was glad to hear the project is truly going to be for retired persons and not allowed to not provide services. He said his remaining concern is with the design. Newton asked Sharon if he signed the protest petition 27 times. Sharon said he did, representing the homeowners association. Newton asked if Sharon was still opposed to the project and Sharon said he was opposed to the design. Newton asked if he lived in the Heritage and Sharon said he lives in Durham. He continued that he is the president of the Home Owners Association until it is 95% owner occupied. Warren asked how many townhouse units are actually constructed and Sharon said 12 and 5 are occupied. Daniel swore in David Payne. He said he lives at 119 North Nash and is in favor of the project because he may need to live there soon. Daniel swore in Jack Chestnut, vice chair of the county advisory board on aging. He expressed his concern that since this project does not provide skilled nursing services; residents will be required to move out at the very end of their lives. He also noted that the costs of Home Health Care need to be added into the fees and the fees generally increase. He expressed support for the construction of a HUD 202 project for residents of more limited means. Daniel swore in Ben Lloyd. Lloyd related his experience in needing a facility like this and his decision to sell the property to Evans for the proposed project. He asked the board to support the project because he feels the plans well exceed his expectation. ITEM 93: Hauth introduced the rezoning request of Allen Knight for the former gas station at the corner of Churton and Corbin Streets. He noted Mr. Lloyd owns this parcel, too. Hauth said the request is a downzoning to Neighborhood Business from General Commercial, which limits the permitted uses by about half, but decreases the impervious surface and buffer requirements. She reminded the board that they have to consider the whole list ofpermitted uses, because as a general purpose zoning, the board cannot require Knight to actually produce that product. Knight passed around a rendering of the addition he intends to add along with renovating the existing service station. Commissioner Sheridan asked what the total square footage would be and number of parking spaces provided. Knight said he is trying to maximize the site to the 10,000 square feet of office space permitted, which would require about 50 parking spaces. He said the building would be scaled back if there was note enough space to accommodate both building and parking. Mayor Phelps asked whether an JPH 1/28/2003 page 4 elevator was required for two story buildings and Knight said no. Daniel asked about the surrounding zoning. Hauth said the Gaya house to the west is zoned Neighborhood Business, which is one reason the downzoning is helpful from a buffer/setback perspective. She said the other parcels are residential. Knight noted there are still a number of details to work out for the project and indicated his desire for the effective date of the rezoning to come after site plan approval to not take Mr. Lloyd's zoning from him. Hauth noted the staff is still looking into this issue to protect the interests of all parties. The members discussed possible uses under GC versus NB. Lloyd described some history of the property, credited Mayor Phelps with getting the parcel on the market and asked the members to approve the request. ITEM #4: Hauth introduced the text amendment to allow multi -family dwellings downtown when certain conditions are met. She said the request originated with George Horton who has plans to rebuild at 228 South Churton Street, but it has also been a common question over the years and an interest of Weaver Street Market. She said the amendment would allow construction or remodeling with a permit granted by staff when the criteria indicated are met. She noted the table indicating lot sizes in the Central Commercial district included in the packet. By setting the minimum size for multiple units at 10,000 square feet, there are not many lots in the CC zone that will be able to take advantage of the amendment. Chair Daniel closed the public hearing and returned the gavel to Mayor Pro Temp Lloyd. Mayor Pro Temp Lloyd adjourned the meeting at 9:15 PM. Respectfully submitted, A Mar aret A. Hauth, Secretary