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HomeMy Public PortalAbout10.26.2004 Joint Public Hearingown ITEM #1 AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, October 26, 2004 7:00 PM, Town Barn Call public hearing to order. ITEM #2: Annexation/Rezoning/Master Plan and Special Use Permit for Oakdale Village; 9.5 acres on the northwest quadrant of Oakdale Drive and Old NC 86. The parcels have requested annexation into Hillsborough and to be zoned Entranceway Special Use. This district requires either a Master Plan or Special Use Permit concurrently with the rezoning request. The SUP proposal includes a 14,720 sf pharmacy with a drive -up window, 5,200 sf restaurant and 11,040 sf retail space. The Master Plan shows 31,700 sf of additional retail, restaurant, and office space which will be subject individual Special Use Permits (TMBLs 4.44.A.15,16,17,18,19,20). Speakers on this item will be sworn in. ITEM #3: Special Use Permit request for Goodwill Community Foundation to build an 11,000 sf retail store at 520 Hampton Pointe Blvd (TMBL 4.45..4c). Speakers on this item will be sworn in. ITEM #4: Rezoning request from Housewright Building Company to rezone approximately 10 acres from R-40 to R-10 near 210 Rencher Street (TMBL 4.6.A.12) ITEM #5: Zoning Ordinance and Subdivision Regulation Text amendments to require subdivisions seeking approval under the cluster provisions seek a Special Use Permit. ITEM #6: Zoning Ordinance Text amendments to amend the definition of a Restaurant "C" and allow such restaurants in the Neighborhood Business zone with a Special Use Permit. ITEM #7: Zoning Ordinance Text amendments to allow multi -family dwellings in the General Industrial district when the conversion will involve reuse of an historic industrial building with a Special Use Permit. ITEM #8: Adjourn. Please call the Clerk or Planning Department if you cannot attend 732-1270 ext. 71 or73 Both lines are connected to voice mail 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • Fax 919-644-2390 MINUTES JOINT PUBLIC HEARING October 26, 2004 PRESENT: Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Evelyn Lloyd, Brian Lowen, Paul Newton (PB Chair), Jim Boericke, Cathy Carroll, Dave Remington, Barrie Wallace, Bryant Warren PUBLIC: STAFF: Eric Peterson, Bob Hornik, and Margaret Hauth ITEM #l: Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair Newton. Newton welcomed everyone and briefly described the hearing process, noting that some speakers would have to be sworn in before providing testimony. ITEM #3: Hauth was sworn in and introduced the Special Use Permit for Goodwill Community Foundation to build a retail store at 520 Hampton Pointe Blvd. She said she had provided written notice to the neighbors of the development rather than neighbors of just the site. She noted two concerns about the proposal being parking encroaching in the interstate buffer and the visibility of the service/loading area. She said the applicants are available to present the plan in detail. Tom Harrell was sworn in and discussed the basic layout of the site plan. He said that the store function required the loading area to be in a visible location. He noted that the site had only 42% impervious surface and complies with the 50' buffer along the interstate. Tim Kurmanski was sworn in and discussed the details of the renderings and construction materials. He noted that the block has color throughout so there is no need forpaint. He said this site represents the 24' GCF store he has worked on. Jackie Rosati, Beckett's Ridge resident was sworn in and spoke. She asked the boards to be vigilant about construction noise limitations and enforcing the noise ordinance during store operation. She expressed concern about the timing of deliveries to the store and the potential noise. Mayor Phelps asked if the driveway is shared with the adjacent lot. Hauth confirmed that it is shared and aligned with the access to the Wal -mart site. She noted that parking is considered a structure under the town ordinance and therefore subject to the more stringent 100' buffer rather than the 50' mentioned by the applicant. Mayor Phelps asked about truck maneuvering on the site. Kurmanski said the site is served with box truck only, no tractor - trailers. He said the trucks are roughly 35' — 40' long and can maneuver on the site by pulling across the front of the store and backing up to the dock. Hornik asked about scheduling. Kurmanski said to be efficient the schedule is very systematic. The trucks are gone from the site most of the day and no personal deliveries are permitted to the dock. The trucks return late in the afternoon or early evening. The store closes at 6 PM and the trucks return between 8 and 8:30. ITEM #2: Hauth introduced the annexation, zoning, master plan and Special Use Permit for Oakdale Village. She briefly discussed the items listed in her report that did not strictly meet the JPH 10/26/2004, page 2 Zoning Ordinance and noted the Board had the flexibility to waive specific requirements. Craig Hunter, applicant, was sworn in and provided some background on the project. He said the site would provide 75 new jobs and $10 million of new tax base to the town. He said the anticipated uses would also improve the quality of life of current residents. Hunter said the project would have a unified architecture, lighting, and signs to provide consistent quality. He added that the site would be pedestrian friendly and provide outdoor dining options. He said the plan would be presented in detail by his three team members. Tony Whitaker was sworn in and discussed the plan and how was has been revised since initially discussed with the Town Board. He addressed the findings of fact the board needs to make for a Special Use Permit. He said there is noting inherently dangerous about the uses proposed for the site. He said the area is in transition from residential to commercial and mixed use. He said that with the development of this site, he expects the values will be maintained or will increase in the neighborhood. He said the proposal is harmonious with the adjacent uses through the use of buffers. He added that the uses would be low water uses. Whitaker said the proposed pharmacy had been pulled back from the corner to accommodate front door parking and a drive-thru window. He said landscaped berms were added on the street side to shield the view of the parking area and block headlights. He said the multiple driveways help balance the traffic load on the site and two streets. He showed detailed drawings of the proposed buffer along the west property line. Whitaker noted that the detention pond would be a permanent pool wet pond. Jeff Wasserman was sworn in and described the site architecture. He said the berms will be high enough to block headlights from vehicles on the site. He said the connected stores would have internal storefronts and accept deliveries at the front door during non -open times. He said they expect signage along the rear facades that face Oakdale Drive. Wasserman provide material details indicating the building would be brick with stone accents with metal canopies and artificial stucco. He said there would be seating around the detention pond. Commissioner Gering asked for additional details on the sign program. Hunter said that there would be a unified plan that usually becomes part of the leasing documents and cane be added to the approval documents for the development. Commissioner Hallman asked for more detail on the architectural details of the pharmacy and the walkability of the site in general. Wasserman indicated further details on the pharmacy's elevation and entrance. He noted that there is a combination of sidewalks and landscaped walks on the site so that customers generally don't have to walk in the parking lot or in the street. Commissioner Gering asked about site lighting and building lighting. Wasserman said an acorn fixture will be used along walkways to provide a more human scale and a sharp cut-off box fixture will be used in parking lots. He added that there would be some up -lighting on the buildings. Hunter noted that the same lighting source would be used to provide a unified color and look. Craig Benedict was sworn in and provided comments authorized by the Board of Orange County Commissioners. He provided written comments detailing the existing traffic conditions and the need for interconnectivity to Birch Lake Apartments. He asked the boards to consider the need to provide for driveways to align with future development, showing alternatives discussed when the credit union plan was reviewed by the County. Benedict JPH 10/26/2004, page 3 noted the EDD requirement for a 50' landscaped buffer along South Churton Street and suggested more landscaping near the buildings. He added the sign and lighting plan looked good. He also asked the board to consider recycling and deconstruction. Vic Euliss was sworn in. He said he spoke on behalf of the Wades who are property owners. He said the Wades are interested in selling their property and support this project. Perry Reaves was sworn in. He said he is the owner to the west. He asked if the buffer had been changed since he met with Whitaker. Whitaker said the plans he presented are the same he discussed with Mr. Reaves. Reaves said he had no problem with the proposed development, but is sad to lose his long-time neighbors. Terry Snow was sworn in. He is the traffic engineer on the project. He noted that the current situation would continue to deteriorate if no improvements are made. This project is proposing a three- lane section on both Oakdale and Churton Street. He said the NCDOT is already planning to install a turn lane for northbound trips on Oakdale Drive. He said this site would also be dedicating additional right of way needed for future widening. He said the cost of the improvements being made by the applicant is $300,000 to $500,000. He said the level of service would be D at build out and with all the improvements, which is better than existing conditions. ITEM #4: Hauth said the portion of the hearing requiring sworn testimony was complete. She introduced the rezoning request for Housewright Building Company to rezone nearly 10 acres from R-40 to R-10 on Rencher Street. She said the applicant and some neighbors were present. Hauth noted that a protest petition had been timely filed with her office, but the signatures were insufficient because spouses had not both signed the form. Allen Knight, applicant, provided some background about the property and his history building in Hillsborough. He said on Red Oak Court he had to turn away buyers with financing because of the need for a lower priced product. Knight said he intended to partner with Community Realty to find buyers in the more affordable range. He provided a preliminary layout sketch for discussion purposes. Commissioner Hallman asked what price range he was aiming for and Knight said it would depend on the final lot yield, but he is aiming for the low $100,000. Knight added that the neighborhood average is $60,000 - $110,000. He noted that he intends to provide a buffer long the Orange High School property and Cameron Estates with the required open space. Commissioner Lloyd asked how many lots were shown on the sketch plan and Knight said 29. Commissioner Hallman asked how many could be built at R-20. Knight said he had not studied it, but based on simple division, the project would not be feasible with that lot size. Tom Wisnet from Community Realty spoke in favor of the application. He said that as an appraiser, he sees a huge demand for houses in this price range. Carroll asked the average price in Cameron Estates. A resident from the neighborhood answered from the audience that the range is $290,000- $490,000. Tom Sikes of Cameron Estates spoke. He said the lots in Cameron Estate range from '/Z to 1 acre. He expressed concern about the loss of trees on this parcel, which are old growth hardwoods. He said he would be interested in the JPH 10/26/2004, page 4 covenants and restrictions of the new development and concerned about impacts to the neighborhood property values. Vaughn Stewart of Cameron Estates spoke. He said he has recently relocated from Romeo, near Detroit. He expressed concern about the financial impact of the smaller lot size. He indicated his lot will back up to this and is currently wooded. He added that Cameron Estates has buffer restrictions. Jacquelyn Chapman - Pointer spoke. She said her house is under construction and she is relocating from North Raleigh. She said she prefers to see more neighborhoods like Cameron Estates. Mark Chilton of Community Realty spoke. He said he would like to see more opportunities for diverse populations in Hillsborough. He said this parcel does touch the Cameron Estates neighborhood, but it does not connect to it. It connects to Rencher Street and that's where the relationship is. He said they plan to keep the existing walking path to Orange High School. Arthur Jones from Cameron Estates spoke. He said he has recently moved from Durham. He expressed concern about the vagueness of the application. He added that there is a big difference between the lot size and price. Patricia Clayton from Rencher Street spoke. She expressed concerned about causing congestion on the street and where it accesses NC 57. She also expressed concern about raising taxes on existing owners. She said the neighborhood has many generations of the same families and houses have been passed down. Candice Ellis, realtor with Community Realty spoke. She said her primary experience is with first time homebuyers and this development provides a great opportunity for people to owner. Arthur Jones added that his concern is not with the people who might live in the development, but with the design and its impact. Debbie Stewart of Cameron Estates spoke. She said she bought her house for the trees. Tom Wisnet added that Hillsborough has a wide variety of lot sizes and this development will not have an impact on the adjoining parcels. ITEM #5: Hauth introduced the text amendments to require cluster subdivisions to seek a Special Use Permit. Commissioner Hallman asked whether "natural features" needed a specific definition. Hornik noted that the proposed changes softened the standard, but clarified that all of the conditions need not be present to qualify. Commissioner Gering expressed concern about the board's obligation to then approve any development meeting the standards. Hornik noted that the board needs to be sure the record accurately reflects the full picture of the development so that evidence that a point is debatable or questionable appears in the record. Commissioner Gering noted that the standard about the overall design being "better" was removed. Hornik noted that "better" very vague and vagueness will be construed against the Town in a legal proceeding. ITEM #6: Hauth introduced the text amendments to allow small scale restaurants in the Neighborhood Business district with a Special Use Permit. Knight indicated he has turned away two tenants at Sinclair Station interested in opening a small cafe. Upon the third request, he approached the town to amend the ordinance. JPH 10/26/2004, page 5 ITEM #7: Hauth introduced the text amendments to allow multi -family dwellings in industrial districts if a historic industrial building will be restored. Harry Sanders of Falcon Development spoke in favor of the proposal. He provided background on the proposed renovation of the Bellevue mill to include condos or apartments. Chair Newton closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps adjourned the meeting at 9:40 PM. Respectfully submitted, AAMAZAII �Ui arg et . aut , ecretary p.6proved 'A/ -1k MINUTES PLANNING BOARD October 5, 2004 PRESENT: Paul Newton (Chair), Jim Boericke, David Daniel, Matthew Farrelly, David Remington, Barrie Wallace, Bryant Warren PUBLIC: Bob Hornik, Margaret Hauth Newton called the meeting to order at 7:00 PM and confirmed the presence of a quorum. ITEM #2: Warren moved to approve the minutes as written. Daniel seconded. VOTE: Unanimous. ITEM #3: Newton asked for changes or additions to the agenda and there were none. ITEM#4: Hauth provided the Board of Adjustment update indicating the Board approved site plans for a freestanding Kerr Drug with a caf6 and drive-thru window to replace the former Lowes/Kerr store on US 70 Bypass, a site plan for Auto Zone to replace the former Burger King, and a site plan for a warehouse addition for A Southern Season. She noted that the Board required all of the sites to install sidewalks and noted their support/desire to have some design standards for new commercial buildings. Warren said the Parks and Recreation Board had visited the donated lot on Terrell Road, received an update from the Turnip Patch neighbors, and were proceeding with the covered walkway at Gold Park. Newton provided an update from the Transition task force with Orange County. Warren agreed to represent the board on the planning committee for the Churton Street corridor project. ITEM #5: Hauth introduced two text amendment options to allow the re -use of the Bellevue Mill for residential. She noted they both used the Special Use Permit process, but one would create a more broadly applicable multi -family special use district that might address other unique multi -family projects. The members agreed that the multi -family district amendments had a broader impact than they wanted to address at this time. The members expressed concern about the impact of existing and changing industrial uses to new residences. They agreed that leaving the converted parcel zoned industrial would help inform tenants and buyers of the potential conflicts. The members discussed adding a criteria for the applicant to document who they intended to protect residents from potential impacts of industrial uses. Daniel asked that before and after building elevation drawings be provided to verify the retention of the industrial fagade. Boericke asked about the mixed use standard. Hauth said there is no magic to the 30% provision.. She said she picked the number to provide enough area to make the uses viable, but still keep the project residential. The members discussed removing a numerical standard at length, but agreed it should remain in the end. MOTION: Warren moved to send the text amendment to allow multi -family within the GI district as a special use to public hearing. Boericke seconded. VOTE: Unanimous. ITEM #6: Hauth introduced a text amendment proposal based on the September discussion to allow small restaurants in Neighborhood Business. She noted that the Neighborhood Business zone PB 10/5/04, page 2 is common in many jurisdictions and many allow a wider range of uses than Hillsborough. She said that many uses allowed in NB don't match the intent section, which is also common in other jurisdictions. She said the proposed language adds a provision to the existing restaurant special use criteria to address the operational concerns. She said the three classes of restaurant could be added to or amended to create an avenue for small restaurants to apply in NB. The members discussed whether to amend the class C definition or create a D and agreed to reword the C classification. Members noted the new standard for the NB Special Use Permit was not a complete sentence and needed to be reworded. MOTION: Warren moved to send the text amendment amending the definition of restaurant C, allowing that use with a SUP in the NB district, and adding a standard for the NB district to public hearing. Boericke seconded. VOTE: Unanimous. ITEM #7: Hauth introduced a series of proposed text amendments to both the Zoning Ordinance and Subdivision Regulations to make cluster subdivisions available by special use permit only. She noted the Town Board requested this change as an interim measure until the ordinances could be fully re -written to address the vagueness in the cluster section. Daniel asked that a conceptual convention layout also be submitted so the board could see an alternative design and verify that the number of lots was not increasing. The members agreed this should be added, but that the conventional design could be conceptual. The members suggested that paragraph "a" in 4.9.5 be re -worded so it does not imply that a parcel must have both difficult physical conditions and irreplaceable nature features. MOTION: Warren moved to send the text amendment to public hearing. Farrelly seconded. VOTE: Unanimous. ITEM #8: Hauth introduced a text amendment to allow the Planning Board to adopt their own rules of procedure. She noted this change would put the Planning Board on even footing with other town advisory boards. Hornik said the change should not introduce any legal concerns. MOTION: Warren moved to send the text amendment to public hearing. Remington seconded. VOTE: Unanimous. ITEM #9: Hauth provided an update of the items currently scheduled for the October public hearing. Newton adjourned the meeting at 8:26 PM. Respectfully submitted, J-- I#rgaret A. Hauth, Secretary 11110q aff 0ved date