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HomeMy Public PortalAbout10.25.2005 Joint Public HearingTown ITEM #1: 01994 Town of Hillsborough AGENDA JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Tuesday, October 25, 2005 7:00 PM, Gordon Battle court room Call public hearing to order. ITEM #2: Annexation/Rezoning/Master Plan to authorize Owl's Wood, a mixed use development containing approximately 106 dwelling units and approximately 151,000 sf of hotel, restaurant, office, and retail uses on approximately 27.2 acres at the southeast corner of NC 86 and US 70 A (TMBL 4.40.A.9d, 10). speakers on this item must be sworn in ITEM #3: Special Use Permit request from Gandhi, Inc. to build a convenience store with 6 double -sided gas pumps, 2 -bay carwash, and Huddle House restaurant at 620 Hampto Poix}te Blvd (pa of 4.45..4c) speakers on this item must be sworn in �� cG uolu,w V W, c( 1r )to a s¢ 1� t-►eu d,r+rewaLf - no IGF: nb ITEM #4: Annexation/Rezoning/Special Use Permit to authorize Ashton Hall, a 118 acre development on the north side of US 70 A across from the Sportsplex to contain 272 dwellings with a recreation center and 20,000 sf of office and retail uses at the western en ance (TMBL 4.37.C.21 and 4.40.B.1). speakers on this item must be sworn in dr` e- co.n ITEM #5: Rezoning Request from Evelyn Medlin to correct a map error and designate approximately 2 acres Agricultural Residential instead of General Industrial on the south side of Dimmocks Mill Road (TMBL 4.38.13.10d). ITEM #6: Rezoning Request & Special Use Permit modification for Oakdale Village to acquire approximately .48 ac north of the existing site to allow the development of 48 additional parking spaces for approved uses in Oakdale Village (part of TMBL 4.42.b.3a). speakers -:.on this item must be sworn in ITEM #7: Master Plan modification for Waterstone to designate pod 6 as single family development and add residential units to pods 15, 18, and 22. speakers on this item must be sworn in ITEM #8: Special Use Permit for M/I Homes to build 134 single family homes on 51.7 acres in pods 1 and 2 of the Waterston Master Plan. speakers on this item must be sworn in ITEM #9: Special Use Permit for M/I Homes to build 104 townhomes on 22.3 acres in pod 3a of Waterstone. The plan also includes design and infrastructure for 24 additional units to be built by Orange Community Housing and Land Trust. speakers on this item must be sworn in ITEM #10: Zoning Ordinance text amendment to clarify sidewalk requirements for all new development. 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 2 72 78 919-732-1270 • Fax 919-644-2390 MINUTES JOINT PUBLIC HEARING October 25, 2005 PRESENT: Mayor Joe Phelps, Frances Dancy, Mike Gering, Eric Hallman, Brian Lowen, Evelyn Lloyd, Jim Boericke (PB chair), Matthew Farrelly, Tom Campanella, Edna Ellis, Neil Jones, Paul Newton, Eric Oliver, Dave Remington, Barrie Wallace, Toby Vandemark STAFF: Eric Peterson, Demetric Potts, Bob Hornik, and Margaret Hauth Mayor Phelps called the meeting to order at 7:04 PM and opened the public hearing. He asked for consensus of the members for a hearing end time. The members agreed to end the meeting between 10:00 and 10:15 PM. He passed the gavel to Planning Board Chairman Jim Boericke. Boericke noted that previously sworn speakers did not need to re -swear. ITEM #2: Hauth introduced the Owl's Wood proposal and said she was not aware of any outstanding questions from the last hearing on this item. She said the packet contained the written comments offered at the last hearing, the site layout showing potential buildings, and the matrix of uses provided. Brian Ketchem appeared for the applicant. He said the applicant heard the comments from the last hearing and he was present to answer questions or gather additional comments. Boericke noted that the most recent water capacity analysis does not show sufficient capacity for this site without expanding the capacity of the reservoir or making other water purchase arrangements. Commissioner Gering asked if the site map in the packet is binding in terms of uses and building and parking locations. Ketchem said no, it is only meant to be a visual aid to help members see the potential relationships and building sizes. ITEM #3: Hauth introduced the Gandhi Enterprises Special Use Permit. She said at the members' seats were revised water use calculations, a legal sized sheet showing hourly traffic at existing Huddle House restaurants that the applicant will explain and two 11X 17 sheets showing how the driveway aligns with Home Depot's driveway. She noted that the application states that the Gandhi driveway will be signed for right turn exits only, although the driveway will not have an island to prohibit the turns to provide in bound access for trucks. She noted that the Home Depot driveway is also right turn limited, with a concrete island. Commissioner Gering asked Hauth to indicate how someone would then exit the site. She said a car would turn right out of the driveway, continue down Hampton Pointe Blvd and turn around the traffic circle or visit another use on the site. He asked if she thought people would violate the turn prohibition. Hauth said she thought it would depend on the time of day and actual traffic conditions. She said the volume on the road is high and many drivers would not risk the left turn, but some will. She added that at late hours, she would expect more turn violations. Mayor Phelps asked why there wasn't a barrier proposed. Hauth said that the driveway width would not accommodate in turning delivery trucks and an island. He suggested the driveway could be wider. Boericke asked for clarification as to the number ofpumps proposed. Oliver suggested the use of a divider in Hampton Point Blvd to prohibit the left turns. Wallace asked about the impact of the master plan on the application and how the two fit together. Hauth said the Hampton Pointe plan in the agenda packets has a matrix of uses in the Joint Public Hearing October 25, 2005 page 1 of 8 upper left hand corner that details about 7 uses for the outparcels. The matrix shows that all of the lots could have any of the uses. She said there is a limit to have only one convenience store with gas and 2 fast food restaurants with drive thru's. She listed some other uses as banks, hotels, retail, professional office, auto service, and daycare. Wallace asked if multiple uses on one site were acceptable. Hauth said she did not recall that as part of the Hampton Pointe discussions and that would be a decision point for the boards. Hauth noted that while the uses are listed on the Master Plan, the required findings of fact to grant a Special Use Permit still apply in each case. Ray Watson appeared for the applicant. He said the plans correctly show 4 double -sided pumps to serve a maximum of 8 vehicles. He referred to the hourly sale chart from Huddle House. He said the restaurant has 66 seats. He said you convert the sales on the chart to customers by dividing the number on the chart by the average ticket price of $6.50. He said the volume ranges from 32 customers in an hour at 9 AM to 2 customers in an hour at 4 AM. He said the corrected water use table has been submitted and distributed color renderings of the proposed signs. Commissioner Gering noted that the turning maneuver drawings show the trucks exiting the site with a left turn. He said his concern is safety. Watson said they will submit revised drawings to correct that. Farrelly asked about the water reclamation and whether that function is always used. Delip Gandhi said it would be used and maintained at all times. Gandhi said that they are willing to restrict the use of the carwash to limit water use either by limiting hours or reducing to one bay. He said they can also restrict deliveries so they come between 7 AM and 11 PM. Commissioner Lloyd asked if they could reduce the hours of operation and close at midnight. Gandhi said that is not possible. He said their contract with Huddle House requires 24 hour operation and the store needs to match those hours. He said the carwash is automatic and can be closed with a timer. Paul Newton appeared as a citizen and was sworn in. Newton said he wanted to add some newspaper accounts of recent activity at Hillsborough's two 24 hour establishments to the record. He provided copies of newspaper accounts of the following: in 1999 there was an arrest for possession of marijuana and intoxicated behavior at the Waffle House; in 20012 apple pies were stolen from Waffle House; in 2003 there was a shooting at Waffle House; in 2004 there was an armed robbery at Waffle House; in 2005 a suspect was seen on the roof of Waffle House with a knife and in 2005 there was an assault on a female at the BP station at Cardinal Drive, also a 24 hour operation. ITEM #4: Hauth introduced the continued discussion of Ashton Hall for annexation, zoning and Special Use Permit. She said at the members' seats there were copies of a response from the Fire Department about access in and through the site as well as comments from the applicant. She said she is still waiting for a response from Emergency Management. She said there were also some comments from NCDOT about the driveway connection. Hauth noted that NCDOT will not approve driveway permits until there is municipal approval of a project. Jack Smyre appeared for the applicant. He said Withers & Ravenel has completely re - Joint Public Hearing October 25, 2005 page 2 of 8 evaluated the plat history. He said they see no contradiction in the original boundary and the disturbed irons have been reset. He said he understands the adjacent owner has not been able to schedule a survey and is asking for three months to have the work complete. He said the applicant can accept that time schedule and asked for the hearing on the item to be closed. Commissioner Hallman entered the Vision 2010, the 2001 Preliminary Report from the Commissioners Affordable Housing Task Force, and the Draft Comprehensive Housing Strategy for Orange County into the record as evidence of affordable housing being a town priority. He noted that while perhaps affordable housing it not a need now in Hillsborough, in 10 years it will be. He said Carrboro and Chapel Hill were where Hillsborough is now 10 or more years ago. He said Hillsborough has to act now to preserve its diverse housing stock. Hallman suggested that the applicant could construct 20 units to be sold into the land trust to residents making 80% of the median income. He said he estimated the profit on this project to be between seven and eight million dollars, which would be reduced to about $6.4 million if his suggestion was taken. Hallman noted that water is a limited resource and the town needs to allocate it carefully. Smyre noted that Hallman calculations were generally correct, but the profit would not accrue wholly to his client, since a variety of builders would be involved. He added that he is seeking a level playing field on the issue of providing affordable housing and is willing to enter a dialog. Commissioner Dancy noted that she has brought of the issue of affordable housing with other projects, as recently as the last town board meeting. She said the applicant is not being picked on. Smyre said he would be more comfortable with a written adopted policy that applied to all projects. Commissioner Lloyd asked the anticipated price ranges for the houses. Smyre said the townhomes would start around $250,000 and the detached houses would go as high as $450,000 or more. Ellis said that the applicant's response regarding the buffer between the townhomes and existing frontage residences was inadequate. Smyre said a fence is not the proper or neighborly solution. Wallace said she did not understand why a fence could not be installed to satisfy the neighbors. Oliver noted that some evergreen won't stop a 12 year old. Smyre asked for a distinct reason to install a fence. Oliver said there is not another development of 270 homes so close to a use attractive as the Sportsplex is to young people. Smyre said the residents will use the greenway and sidewalk system. Ellis asked if the applicant intends to sell off the project. Smyre said it will be developed by the applicant with a team of custom home builders and the applicant will retain design review. Commissioner Gering asked if Smyre's statement could be turned into an enforceable condition. Hornik said that a specific written condition can be written to address this issue. Mayor Phelps noted that even if the project is sold, the conditions transfer to a new owner. Hornik said that the board first has to decide whether the site should be annexed, then what the zoning should be, then apply any conditions necessary to the approval permit, which would run with the land. He noted that the applicant has no entitlement with the town yet. Marie Holmes spoke and relayed her difficulty in acquiring a surveyor to review her boundaries. She said the first surveyor she contacted said the area was a big mess. She asked the board for additional time to resolve the boundary issue because now is the time to resolve Joint Public Hearing October 25, 2005 page 3 of 8 it. She provided copies of deeds and plats to the Town Attorney. Mayor Phelps noted that the Town Board cannot resolve the boundary dispute, but the evidence can be submitted in the record of the application review. Commissioner Hallman asked how the issue could be resolved. Hornik said that either party can ask a judge to resolve the matter. He added that the town has to decide whether it is comfortable with the accuracy of the applicant's information. He noted that the hearing on the project could be closed, but allow either testimony or evidence regarding the survey only in the future. Commissioner Gering asked if the town would be liable for boundary disputes. Hornik said no because the town is relying on the information submitted in the record. Hornik asked the amount of area in dispute. Holmes said about 2.5 acres is unaccounted for. She showed the area on a map for the board members. Carl Sain spoke. He said the location of NC 10 is relevant to the discussion. He said he is still waiting to meet with Smyre regarding this issue, as mentioned at the last hearing. Smyre said they are open to resolving this concern with the neighbors. He noted that the applicant's work has been based on existing corner irons, not road locations. Smyre provided a closing statement. He said the parcel is contiguous to town. It is within the service area and being served wholly by gravity. Smyre said the project has access to existing roads and does not impact Churton Street. Smyre said the use of local custom home builders provides an opportunity not currently available, the recreation improvements proposed exceed the ordinance requirements and the site's proposed water use is very similar to that in the capacity study, reserving some for future re -development along the frontage. Mayor Phelps asked Smyre to be more specific about "local" builders. Smyre said he uses the term to include Triangle -based. He said the applicants are not opposed to expanding the group of builders involved. Jim Parker was sworn in. He asked the members to discuss the driveway alignment with Owl's Wood. He noted that Owl's Wood has shifted as much as they can and Ashton Hall has to meet them. Smyre said they have stated on the record that the driveways will align. ITEM #5: Hauth introduced the Medlin rezoning request. She noted the map in the packet showed a 2 acre parcel that had apparently been sold to Medlin sometime in the 1980s from Cone Mills. Hauth said she consulted all the old zoning maps in the office and cannot see where the parcel was ever zoned residential. She noted the correction should have been made when the zoning map was re -adopted in the mid-1980s. Hauth noted the rezoning would allow Medlin some flexibility on recombining her property. There was no public comment on this item. ITEM #6: Hauth introduced the rezoning and Special Use Permit modification for Oakdale Village to acquire property from Birch Lake Apartments to construct additional parking. She said the rezoning is required because the apartment complex is zoned differently. Oliver asked if the lack of checks on the checklist meant the items had not been received. Hauth said no, most of the items were submitted and she had neglected to reflect them on the form. He asked about a lighting plan and Hauth said it was not included. Oliver asked about the change in impervious surface and whether the loss of land impacted Birch Lake. Hauth said that the multi -family district does not have an impervious surface limit. She added that Birch Lake has sufficient remaining property to meet ordinance requirements, including density since it was built when Joint Public Hearing October 25, 2005 page 4 of 8 the ordinance limit was 6 units per acre and it is now 9 units per acre. Commissioner Hallman asked about the access to Birch Lake that was previously approved. Hauth noted that access still exists, it just further west on the site. Oliver asked to see the entire approved plan. Hallman asked for additional topographic information. Tony Whitaker appeared on behalf of the applicant and was sworn in. He said he would be glad to answer questions. He noted the site was approved about one year ago with Phase 1 as a Special Use Permit and Phase 2 as a master plan. He said the plans just show the proposed change to not cloud the discussion. He said this expansion to the site would follow all previously stated conditions, including lighting. He said the detention pond has been resized to address the new impervious surface. Commissioner Hallman asked if this site would also employ innovation stormwater control as well. Whitaker said he was unsure whether it would work on this site, but the applicant is willing to explore this. Oliver thanked Whitaker for bringing a plan that contains crosswalks and sidewalks from the start. ITEM #7: Hauth introduced the Master Plan amendment for Waterstone to convert Parcel 6 from apartments to single family and indicate where the remaining approved dwellings could locate on the site. Scott Radway appeared on behalf of the applicant and was sworn in. He described the redistribution of the dwelling units. He said 62 single family houses would be built on Parcel 6, leaving 209 approved units to be relocated. He said the request includes constructing up to 120 freestanding units on parcels 15 and 18 and up to 89 townhomes on parcel 89. Radway indicated the parcel locations on the maps. Farrelly asked about the financial impact of the change. He asked if the average dwelling values have gone up, down, or stayed the same. Radway said that the change in mix provides a greater total value. Farrelly said he was asking whether the change would make it more expensive to live in Waterstone or otherwise change the character of Waterstone. He noted he personally liked the inclusion of multi -family because it added to the diversity. Radway said the applicant liked the diversity too, but the market interest is gone in constructing the units. Vandemark asked whether then change eliminated the possibility of a rental or multi -family product in Waterstone on one of the other parcels. Radway said the applicants had not looked at that aspect. He noted that if the market interest returned, they may re -open the discussion on another parcel. Remington asked for clarification about the total of 240 units on parcels 15 and 18. Radway said that the original approval included 120 units as vertical mixed units above office or retail. He said this requests adds to the unit number, but asks for the dwellings to be freestanding or ground attached. He noted that the ground attached dwellings provide the rental option previously discussed. Radway noted that the residential units above non- residential units are difficult to market and sell. Remington asked if the request include detached single family houses and Radway said no, only townhomes, condominiums or 3rd floor units. Commissioner Hallman expressed concern about the change in dwelling types. He asked about the impact to the parcel to the west. Radway said that under the approved plan, the Moren remainder was somewhat dysfunctional as a multi -family parcel. He noted this converson allows the Moren remainder to be developed as single family. Commissioner Hallman asked what would happen if the owner preferred to develop the site for light industrial, which is more in line with the Economic Development designation. Radway noted that the parcel is constrained with stream buffers and topography so light industrial would be an inappropriate use for the site. Commissioner Lloyd asked about needing more residential Joint Public Hearing October 25, 2005 page 5 of 8 for Durham Tech and the possibility of live work units. Radway said that is a possibility. Commissioner Lloyd asked whether there would be flex space in Waterstone and Radway said he thinks the range of uses in the master plan allows flex space. Commissioner Gering said that the original concern was about having too many dwelling units in Waterstone and the board was convinced to accept the approved number. He said he didn't understand why that number needed to be preserved, especially if there is not a market for the units. Radway said the applicant felt compelled to meet the master plan and adding dwellings in the mixed use areas improves the development. Commissioner Gering said that if the dwellings are going to increase, there will have to be a reduction in non-residential space for everything to fit. Radway said the applicant is committed to not reduce the square footage of approved non-residential. He noted the original plan sought more retail space, which was constrained by the board due to concerns about sufficient market and Hampton Pointe. He said the applicant would be interested in discussing expanding the retail square footage, if that was an interest of the Board. Commissioner Gering said he would be interested in an option that maximized the non-residential uses on the property. He asked if there would be an economic impact to the town if parcel 6 remained multi -family, but its development was delayed. Eric Peterson was sworn in. He asked to clarify the question of what the impact to the town would be if the multi -family portion was not developed in five or ten years. He said his opinion would be that a five year delay would do no major damage. He said his reason was that the reduced revenue from land development would be off -set by the deferral of anticipated calls for service in the police and fire departments for the same period. He added that a 10 year delay was too far out to speculate. Commissioner Hallman said the parties worked hard for the mix of uses shown in the master plan. He asked Radway to further discuss rental options. Radway said that a threshold of 250- 350 rental units is needed to ensure on site, full time management. He said developments of this size often seek tenants involved in law enforcement to improve security within the development in return for reduced rents. Jim Pendergrass was sworn in. He said he is an attorney representing Hugh and Carolyn Moren, the previous owners of tract 6 and additional property in Waterstone. He said his clients' concern is that the purchase contract has not been fully executed. He said the road right of way shown in the Waterston plans for the road connecting with Lafayette Drive has not been sold and is conditioned on a land swap to the north. He said his clients object to the continued presence of the road in the plans when the contract has not been completed. Commissioner Lowen asked whether the parties are still working on the issue to resolve it. Pendergrass said there has been discussion and correspondence with Stratford, but it is not an imminent concern for either party. Lowen expressed his concern and the town's unawareness of the issue. Pendergrass said he had sent a letter to the Planning Department on this matter in July. Radway noted that the land swap was discussed and committed to by both the Trump Group and Stratford. He added that the town reserved the authority to open the additional connection from Waterstone to Beckett's Ridge Drive. Commissioner Hallman noted that the connection to Beckett's Ridge Drive was not the issue at hand. Hornik noted that the Master Plan amendment and Special Use permits all provide an opportunity for leverage. This street Joint Public Hearing October 25, 2005 page 6 of 8 connection is a legitimate safety concern. He said the connection is shown in the Master Plan and the Phasing Plan as part of Phase 1. He said the town could tie the development of certain pods with the development of the road. Jim Ciao from Stratford was sworn in. He said they have had discussions with the Trump Group and the Morens. He said they understand that the road has to be built. He noted that NCDOT has indicated that the road connection wouldn't be required by them until phase 2 or 3. He noted his reluctance to finalize the contract with the Morens until the road had been fully engineered and its location determined. He stated that Stratford fully intended to make the property exchange. Commissioner Gering asked whether the number of dwellings was required for the financial viability of the project. Ciao said they were not. He said the mix of uses is the exciting part of the project. He noted that if the mixed use sites get crowded with multi -family units, they might have to look at structured parking. He noted that Stratford would not be developing individual sites and would prefer to retain flexibility. Mayor Phelps asked whether the contract between Moren and Waterstone clearing included the land swap and whether it still valid and timely. Pendergrass said the swap was specifically included and the contract is still valid. Commissioner Lloyd asked for clarification of the location involved and Pendergrass indicated the swap on the map. Jack Smyre was sworn in. He detailed some of the early discussion of joint development of the properties and his early involvement with the Morens. Smyre stated his concern about the potential change to the master plan to properties outside Waterstone. He said using the parcel 6 for multi -family preserves options, because more uses are compatible with multi -family. He said changing that parcel to single-family restricts options for adjacent properties. He asked whether the change would trigger all the findings of fact required in the original proposal. He noted if the findings were required, he would like to see evidence of no loss of value provided by Stratford. Hornik reviewed the ordinance and said that the way our provisions read, the findings of fact would be required as part of the Board's consideration and the burden of proof is on the opposing side to present evidence of substantial injury. Radway asked what information the board wanted to see as part of a continued public hearing. The following items were listed: a status report on the land swap, additional financial information detailing the impact to the town is the multi -family is not built or not built according to schedule, what the project would look like if additional commercial development were added, and more specifics about what makes the residential units above the commercial difficult to market/sell. Oliver asked when the road and park shift were approved or whether they were part of this request. Hauth noted that those changes were approved by the board during the summer through an informal process when the design work on the road network was started. Remington said he was still unclear about the math on the units. Radway noted that the freestanding units would not replace the 3rd floor units and that both may be present on lot 15 or 18. Angela Lennon was sworn in. She said she is a resident of Beckett's Ridge and wants to be sure the values in Beckett's Ridge are maintained. She suggested that lot sizes in Waterstone Joint Public Hearing October 25, 2005 page 7 of 8 be increased to 2-3 acres and to switch parcels 3 and 6 to provide a larger area for larger single family lots. She said the small lot sizes require the loss of woodlands. She said she and her family are very interested in staying in Hillsborough but would like a larger lot with more privacy. Boericke noted that it was past 10:00 PM and asked member how to proceed with agenda. MOTION: Hallman moved to keep the hearing open on items 7 and continue items 8 and 9 to the January regular hearing, Gering seconded. VOTE: Unanimous, both boards. MOTION: Gering moved to close the public hearing on Owl's Wood. Lowen seconded. VOTE: Unanimous, both boards. MOTION: Lowen moved to continue the public hearing on Gandhi. Dancy seconded. VOTE: Unanimous, both boards. The members listed the following items to be submitted: corrected driveway drawings showing left turns prohibited out of the site and truck maneuvers, including the potential of an island in Hampton Pointe Blvd and additional photos from adjacent properties without vegetation. MOTION: Gering moved to close the hearing on Ashton Hall with the exception of evidence or testimony relating to the property survey. Hallman seconded. VOTE: Unanimous, both boards. MOTION: Lowen moved to close the hearing on the Medlin rezoning. Dancy seconded. VOTE: Unanimous, both boards. The members discussed how to address the Oakdale Village application. They agreed that lighting and stormwater were concerns. Hornik noted that those are items that can be conditioned. MOTION: Gering moved to close the hearing with the exception of information about lighting, topography, impervious surface, and use of innovative stormwater control. Hallman seconded. VOTE: Unanimous, both boards. Boericke asked how to proceed with item 10. Hauth noted the discussion would take 2 minutes and the amendment closes a loophole. The members agreed to hear the item. ITEM #10: Hauth introduced two amendments to section 5.24. She noted that removing the list of districts would make the requirements apply in all districts and close a loophole created if a district is not specifically listed. There was no public comment on this amendment. MOTION: Dancy moved to close the public hearing one item 10. Campanella seconded. VOTE: Unanimous, both boards. Boericke returned the gavel to Mayor Phelps, who adjourned the meeting at 10:40. Joint Public Hearing October 25, 2005 Respectfully submitted, �A Margaret A. Hauth, Secretary If/r10S page 8 of 8