HomeMy Public PortalAbout2.3.2004 Planning Baord Agenda and MinutesTown
AGENDA
JOINT PUBLIC HEARING
HILLSBOROUGH TOWN BOARD and PLANNING BOARD
Tuesday, February 3, 2004
7:00 PM, Town Barn
ITEM #1: Call public hearing to order
ITEM #2: Special Use Permit for Carillon Assisted Living to build a licensed assisted
living facility with 96 -bed at 1911 Orange Grove Road with expansion capability
to 128 beds (Speakers on this item will need to be sworn in).
ITEM #3: Zoning Ordinance Text amendments to amend the permitted uses within the
General Industrial District, create a new Light Industrial district with permitted
uses and development criteria
ITEM #4: Rezoning of existing vacant General Industrial parcels to the new Light Industrial
zone. The parcels are on Dimmocks Mill Rd, Valley Forge Rd, Elizabeth Brady
Rd, and US 70 A. The affected parcels are 4.37.C.1 ld; 4.38.B.10b, 101, 34;
4.40.a.8b, 8c.
ITEM #5: Close public hearing and excuse Town Board members.
ITEM #6: Consideration of Special Use Permit for Carillon Assisted Living to build a
licensed assisted living facility with 96 -bed at 1911 Orange Grove Road. A
recommendation is needed for the application to proceed.
ITEM #7: Recommendation to Town Board regarding Zoning Ordinance Text
amendments to amend the permitted uses within the General Industrial District,
create a new Light Industrial district with permitted uses and development criteria
ITEM #8: Recommendation to Town Board regarding Rezoning of existing vacant General
Industrial parcels to the new Light Industrial zone.
ITEM 49: Consideration of January 6 meeting minutes.
ITEM #10: Adjourn
Please call the Planning Department if you cannot attend.
732-1270 extension 73 (this line is 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
February 3, 2004
PRESENT: Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Brian Lowen, Evelyn Lloyd,
David Daniel (PB Chair), Jim Boericke, Cathy Carroll, Matthew Farrelly, Paul Newton, Barrie
Wallace, Bryant Warren
PUBLIC: Karen Moriarty, Terry Boylan, Wendy & Roland Intrator, Doug Robins, Robin Jacobs, Ben
Lloyd, Mark O'Neal, Burke Hutcheson, and Towson Moore
STAFF: Demetric Potts, Bob Hornik, and Margaret Hauth
ITEM #1: Mayor Phelps called the hearing to order. He asked the Town Board member if they had any
that needed to be discussed before the hearing. He passed the gavel to Planning Board Chair
Daniel. Daniel welcomed everyone and briefly described the hearing process.
ITEM #2: Daniel swore in Hauth. She said she would let the applicant describe the project in detail. She
noted that the stormwater review had not been completed yet, that the details of the sewer
connection have not been worked out and that the plan does not strictly conform to the
sidewalk requirement. She noted the plan otherwise complies with the adopted standards and
the notices were sent according to the ordinance requirements.
Daniel swore in Karen Moriarty and Terry Boylan to describe the project. Moriarty said she is
the present of Carillon Assisted Living, the applicant. She said she would focus more on the
services being provided and would gladly answer questions. She said Carillon provides
assisted living care that the facility is licensed by the state, but does not provide skilled nursing
care. She said their clientele is split in half between private pay and Medicare. She said there
is a monthly fee paid by the residents, but there is no up -front buy -in and residents can leave
with 14 days notice. She said the building is single story "fat X" design that keeps the social
activity of the residents focused in the center of the X. She noted that one wing provides a 12 -
unit, 24 -bed Alzheimer unit. She said the building is proposed at 27,000 square feet, plus the
ability for small additions. Moriarty said the focus of Carillon is to provide quality residents
care, quality dining (use china and linens), and a quality social life (6-7 events per day). She
said the facility would be monitored monthly and inspected annually. Moriarty said the use is
generally quiet, uses few municipal services, and has very low traffic impacts. She said the
work hours are off-peak so the staff is generally already on site for the morning rush hour. She
added that about 1% of the residents have personal vehicles. She says they expect 60-70
residents in the 96 -bed facility and the average stay is 18 months. Moriarty noted that the
Certificate of Need they have from the state requires than their financing be in place by June 1,
2004 to keep their ability to build.
Commissioner Hallman asked what their experience is with staff turnover. Moriarty says it is
generally high because the work is demanding. She added that she can't provide statistics, but
they have begun to track staff longevity and offer incentives to keep staff. Commissioner
Hallman asked for the addresses of the other 6 facilities. She said they are available on the
website, but she would provide them. She invited the board to visit. Commissioner Gering
welcomed Moriarty back. He asked if Carillon has ever closed a facility and Moriarty said
they have not. He asked what the ratio of skilled nurses to residents is. Moriarty referred to
the staffing chart she submitted and said she would meet the minimum required by the state,
but they are generally over -staffed. She said they try to keep 2 RNs on staff.
JPH
2/3/2004, page 2
Newton asked about annexation. Moriarty said they are willing to be annexed, but was advised
that it would introduced a time delay. He asked about the sidewalk along Orange Grove Road.
Moriarty said that they prefer to provide more walking areas on site to help insure the residents
don't mistakenly leave the site. She added that the sidewalk along Orange Grove Road was a
severe safety concern to her, as is the detention pond, which would be fenced. She noted that a
resident walking along a road without a sidewalk is more likely to generate a concerned phone
call than someone walking along a sidewalk.
Mayor Phelps asked Moriarty to explain the CON requirements and deadlines. She said the
state determines when there is a need for additional beds and issues permission to build in the
form of a CON. She said Carillon holds an approval for 96 beds granted before the state's
moratorium on new CONS. The financing must be finalized by June 1, footers poured by
December 1, 2004, and construction complete by December 1, 2005. Carroll asked what the
consequences of not meeting the deadlines would be. Moriarty said the CON will be lost and
there has been no indication from the state that new CONs will be issued or the moratorium
lifted.
Farrelly asked about the sidewalk and if an alternative couldn't be found that would allow the
sidewalk without endangering the residents. He suggested a fence or other barrier. Moriarty
said she is willing to discuss the issue and she understands the town's desire to have sidewalks.
She said it is difficult to explain the anxiety created when a resident walks away.
Commissioner Gering asked if the licensing of the facility could be a condition. Hornik said it
is included in the application and therefore implied. Hauth added that the ordinance only
permits licensed assisted living facilities in residential areas with an SUP, so the licensing must
be maintained for zoning compliance. Wallace asked if the CON was lost, wouldn't the need
for those beds re -appear, so a new CON would be issued. Moriarty said that there is currently
a net surplus of beds in the County due to construction in the Chapel Hill area and it is unlikely
a need could be documented. Commissioner Hallman asked if there is an over -built situation,
how could Carillon afford to build. Moriarty said that the northern part of the county functions
as a different market, even if that difference is not recognized by the state. Commissioner
Hallman noted his support of the work of the Orange Grove Road Task Force.
Farrelly asked if the CON is transferable. Moriarty said not technically, although she has seen
an owner build for another operator and transfer operation after opening. Wallace asked if
there are other CONS available in Orange County and Moriarty said no. Daniel opened the
floor for public comment.
Daniel swore in Ben Lloyd, property owner. Lloyd reminded the board of his support for this
type of development with his testimony at previous hearings. He said he visited the Salisbury
Carillon site and was provided a tour. He said he intended to stay 30 minutes and ended up
staying 2 hours. He distributed photos of that facility and the schedule of activities for the
month. He said seeing was believing. He added that he visited a second time, unannounced
and the facility was the same. Lloyd asked Moriarty if the proposed building was the same as
the Salisbury site and she said it was.
JPH
2/3/2004, page 3
Daniel swore in Robin Jacobs. She said she is president of the Eno River Association and that
this parcel adjoins the Occoneechee State Natural area. She apologized for the short notice of
her comments, and said the Natural area has restricted access that is located within the right-of-
way for I-85 and might be in danger when the interstate is widened. She noted that Mr.
Lloyd's property was on the Association's plan for acquisition as a buffer to the natural area
and added that the association often purchases property for transfer to the state. She said this
project seems to make a good buffer to the natural area. She asked the board to delay their
decision until March 1 to allow the association to negotiate a better access point with Mr.
Lloyd. She asked further that significant buffers be required on this site to protect views form
the natural area and that lighting be directed down to limit the impact to wildlife in the natural
area. Jacobs noted that for her, she understood the applicant's concern about the sidewalk, but
she supported its construction. Commissioner Hallman asked Jacobs to explain what was
desired in terms of better access. Jacobs said that the current driveway, or Virginia Cates Road
is located partially within the I-85 right-of-way and may be closed when I-85 is widened. She
noted that the new access road coming across Mr. Lloyd's property, north of this site would
protect the state's interest.
ITEM #3: Hauth said the speakers for the remaining items did not have to be sworn. She introduced the
text amendments creating a new light industrial district, amending the uses and standards in the
general industrial district. She said the light industrial district provides a place for the low
impact industrial uses common in Hillsborough and allows those uses to be constructed with
site plan review by the Board of Adjustment. The General Industrial district includes all the
Light Industrial uses, but also includes some higher impact uses as special uses, requiring
approval by the Town Board. The standards for the Special Uses are also established to help
make sure all the relevant information is available while the project is reviewed. She said the
current industrial uses and tenants in industrial spaces were taken into consideration so as to
create very few non -conforming uses. She noted that in both districts, uses like
communication towers and utilities were left as conditional uses. She added that new
definitions are proposed for uses common in Hillsborough like mail order houses and flex
space.
Wendy Intrator, owner of County Lock-up, spoke. She noted her concern over the loss of
office and personal services as a permitted uses and the loss of retail sales as a conditional use.
She noted her parcels are at the corner of Allison Street and Dimmocks Mill Road and they
have lots for sale. She noted the uses she is concerned about are lighter uses and she thought
they would be encouraged.
Mark O'Neal of Pickett Sprouse real estate spoke. He echoed Intrator's concerns. He
expressed concern that by narrowing the permitted uses, opportunities will be eliminated. Of
particular concern are: the deletion of "processing" from the intent, deleted uses of "fill site,"
"manufacturing," "retail," and "office."
Burke Hutcheson, owner of Lot 7 in Cornerstone also expressed concern about the loss of retail
sales and fill sites.
JPH
2/3/2004, page 4
Hauth noted that while many zoning ordinances are pyramidal in that uses allowed in a less
intense district are also permitted in more intense districts, Industrial presents a special case.
Industrial uses often require large sites at low prices, so you don't want to allow retail and
office uses that can afford to pay more per square foot to intrude into Industrial districts. She
noted that many of the office and retail uses that want to go in industrial are permitted in either
flex space or mail order houses. She added that the allowance for retail sales in GI was a
narrowly crafted provision to address the twice yearly sales at Vietri and never permitted year-
round retail sales.
Eric Hallman noted that in the future, the ordinance needs to address noise as it relates to the
frequency (pitch), because that impacts the annoyance created.
ITEM #4: Hauth said five parcels that are currently vacant are suggested to be rezoned Light Industrial.
She noted that one additional parcel, owned by the town, is suggested to be rezoned
Agricultural -Residential, because it is the site of Gold Park. She noted that a number of the
property owners are present and that Wilmore Electronics has submitted a protest petition
regarding their property. She added that the primary consideration in these rezonings was
whether the property was vacant.
Doug Robins, property owner, read a statement indicating his opposition to his property being
included in the rezoning. He said the site was zoned GI when he bought it and its located
across the street from a concrete plant. He asked why the text amendment prohibiting asphalt,
the new zoning district, and the rezoning are necessary. He said the downzoning would cause
a loss in his property values and adds insult to injury. He asked the members to not rezone his
property.
Robin Jacobs spoke on behalf of the Eno River Association. She noted their parcel was
purchased a few years ago to provide view protection to the State Natural Area. She said that
additional acquisitions in the area are not in the state master plan. She said the Association had
no plans to develop the property and would prefer to be down zoned to the least intense
district. Commissioner Gering asked Hornik if AR zoning is possible, since the applicant is
requesting it at the hearing. Hornik said a new hearing with corrected notice would have to be
held. Jacobs said the Association would prefer to be zoned LI than left GI.
Towson Moore spoke one behalf of Wilmore Electronics. He said they located in
Hillsborough in 1978. He added that they bought the additional parcel for expansion purposes.
He said it is the company's desire to keep the entire 22 acres in the same zoning district.
Commissioner Hallman asked what in the list of permitted uses for Light Industrial hurts.
Moore said nothing poses a problem, they would just like to keep the zoning they've got and
preserve the flexibility. Commissioner Hallman suggested merging the parcels.
Chair Daniel closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps
adjourned the meeting at 8:47 PM.
Respectf ]ly su miffed,
a aret A. auti, ecretary
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MINUTES
PLANNING BOARD
February 3, 2004
PRESENT: David Daniel (Chair), Jim Boericke, Cathy Carroll, Matthew Farrelly, Paul Newton,
Barrie Wallace, Bryant Warren
PUBLIC: Karen Moriarty, Terry Boylan, Ben Lloyd, Doug Robins, Jack Smyre, Robin Jacobs,
and Margaret Hauth
Daniel called the meeting to order at 8:55 PM, immediately following the joint public
hearing.
ITEM #6: Hauth introduced the Special Use Permit for Carillon. Newton stated his concerns.
He suggested requesting annexation and requiring the sidewalk along Orange Grove
Road. He said the project should not be delayed for the Eno Rover Association's
request. He added that this is a desirable project and the town shouldn't miss out on
working with Carillon. Warren asked if a continuum of care was required. He
agreed with the importance of the sidewalk. He said Hillsborough has a need for a
skilled nursing facility. Carroll said she was more comfortable with the proposal
than she expected to be. Boericke stated his support for the project. Farrelly
expressed concern about lighting. Moriarty said the fixtures would be shoebox style
and wall packs to focus the light down on the site. Wallace and Carroll asked about
the benefits of annexation. Hauth noted the town would receive tax revenue and the
service requests from this type of facility would be minimal. Moriarty said she was
willing to be annexed, but had time considerations. Daniel added his support for the
sidewalk. He added that he would prefer a more individualized building to
Hillsborough. Moriarty noted that the building is very program oriented, so any shift
to the floor plan greatly impacts their ability to meet state requirements for spacing.
Daniel asked the actual breakdown of private pay versus Medicaid. Moriarty said the
range is 35% to 55% Medicaid. Daniel asked if the facility could become unlicensed.
Moriarty said it could if the staff was reduced. Hornik noted that the loss of the
license would be a modification to the Special Use Permit.
MOTION: Newton moved to recommend approval of the Carillon Special Use Permit with the
conditions that water, sewer, and stormwater plans be submitted and approved by
staff and that a 5' wide concrete sidewalk is constructed along Orange Grove Road.
He added a recommendation that Carillon seek satellite annexation from the town.
Boericke seconded.
VOTE: Unanimous
ITEM #7: Hauth introduced the text amendments creating the Light Industrial district and
modifying the General Industrial District. Daniel noted that his father in law owns
one parcel currently zoned GI, but not up for rezoning. The members agreed Daniel
did not have a conflict of interest. The members noted the public hearing requests to
more clearly include some retail uses within the flex space definition. Hauth and
Hornik said they could modify the language. Hornik added that the amendments are
not intended to drive an existing business out.
PB
2/3/2004, page 2
MOTION: Warren moved to recommend approval of the text amendments, with the addition of
language to clearly include some retail uses in the flex space definition. Farrelly
seconded.
VOTE: Unanimous
ITEM #8: Hauth introduced the rezonings for 6 parcels to change from General Industrial to
Light Industrial. The members agreed to discuss each property individually, based
on the map numbers in the agenda packet.
MOTION: Newton moved to recommend approval of the rezoning of the Morris property.
Warren seconded.
VOTE: Unanimous.
MOTION: Warren moved to recommend the Wilmore Electric parcel remain GI. Carroll
seconded.
VOTE: Unanimous.
MOTION: Newton moved to recommend the Robins parcel remain GI. Farrelly seconded.
Newton noted that if the concurrence or objection of the property owner was being
used in the first two decisions, it needs to be applied to all the requests. Farrelly
agreed with Newton's statement.
VOTE: 6-1 with Wallace opposed.
MOTION: Newton moved to recommend approval of the rezoning of the Eno River
Association's parcel. Boericke seconded. Hauth said she would work with the
owners about a further downzoning, if they remained interested.
VOTE: Unanimous.
MOTION: Newton moved to recommend the County Lock -Up parcel remain GI. Boericke
seconded.
VOTE: 6-1 with Wallace opposed.
MOTION: Newton moved to recommend the rezoning of Gold Park to AR. Boericke seconded.
VOTE: Unanimous.
Daniel asked the members when they would be willing to schedule a special meeting
in February to continue their discussion of Waterstone. The members agreed to meet
at 7:00 PM on February 17. Hauth thanked the members for the extra time needed to
keep all the projects on schedule, despite the weather.
Daniel adjourned the meeting at 10:06 PM.
Respectfully submitted,
J_.._AAJ -A LJ,
Iffargaret A. Hauth, Secretary
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