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HomeMy Public PortalAbout10.6.2005 Joint Public HearingTown of Hllncels175 AGENDA ®1994 Town of Hillsborough JOINT PUBLIC HEARING HILLSBOROUGH TOWN BOARD and PLANNING BOARD Thursday, October 6, 2005 7:00 PM, Gordon Battle court room ITEM #1: 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 Hampton Pointe Blvd (part of 4.45..4c) speakers on this item must be sworn in 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 entrance (TMBL 4.37.C.21 and 4.40.B.1). speakers on this item must be sworn in 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 301/Vr PUBLIC HEARING October 6, 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, Clarence Birkhead, Dexter Davis, Bob Homik, and Margaret Hauth Mayor Phelps called the meeting to order at 7:00 PM and opened the public hearing. He passed the gavel to Planning Board Chairman Jim Boericke. ITEM #2: Hauth read the oath for speakers providing testimony and signed the form. She asked all others speakers to follow the same process because of the quasi-judicial nature of the proceedings. Hauth briefly described the Owl's Wood plan and noted the revised site plan and other submitted items address most comments from the previous hearing. Brian Ketchem appeared for the applicant and was sworn in. He explained the matrix of uses, noting that while multiple uses are listed, all will not appear on each parcel. He offered to answer questions. Ellis asked whether NCDOT has approved the driveway on US 70 A. Ketchem said they have met with NCDOT and have preliminary approval. Formal approval cannot be granted until the town approves the project. Ellis asked about the second access. Ketchem said they are still working with adjacent owners for options. He noted that the applicant views the access as emergency only and is seeking a 20 foot right of way. He noted another option is to install the main access as a divided boulevard which would allow access if one drive is blocked with a tree. She asked about the stormwater control plan. Ketchem said they have not submitted one yet because it is too early to tell what volume of stormwater will need to be contained. He added the site is obligated to comply with stormwater control at the Special Use permit stage and noted that areas have been left on the plan to accommodate stormwater ponds. Ellis asked how far the US 70 A driveway is from Elizabeth Brady Road. Ketchem said he could say without measuring, but it is farther than Valley Forge Road is from Elizabeth Brady. Ellis asked why the town should allow a gas station at this location, when it is so close to Cates Creek and the Eno River. Ketchem said the property owner anticipates requests for gas stations at this site. Commissioner Gering asked for an explanation of the concept driving the design, densities of use and impervious surface. Ketchem said the applicant has tried to fairly estimate the uses that might want to locate here so that water use and parking can be projected. He noted that the drawings indicate a worst case scenario or most intensive layout rather than a true expectation. Gering asked for an example of what the 50,000 sf building might look like. Ketchem said he anticipates a 4-5 story building with a 10,000 sf footprint. He added that they are seeking a maximum impervious surface of 70%. Gering asked Hauth how that compares to other developments. Hauth said that the district limit is 50% and the board has the ability to vary that. She noted that 70% is the limit in other districts like High Intensity Commercial. Gering asked about connectivity to the residential portion. Ketchem said there is a pedestrian Joint Public Hearing October 6, 2005 page 1 of 6 connection across the creek. He noted its location on the site plan and the sidewalks added along the rights of way. Commissioner Hallman asked whether the town could consider the rezonings separately, i.e. residential separate from commercial. Hauth said the site is seeking single zoning to Entranceway Special Use as a mixed use development and a master plan. She said the zoning and master plan have to be considered together. Remington asked about the alignment with the Ashton Hall driveway. Ketchem said they have shifted to location of their driveway as far to the east as possible to align. He distributed a color layout of the site showing conceptual buildings and parking areas. Scott Radway was sworn in. He submitted written comments on the project. He described his history with Hillsborough and planning in general. He said he is not opposed to the concept of the plan, but is concerned about what has been submitted so far for consideration. He said he thinks about 60% of what is being sought can actually be built on the property with existing constraints. He said he is concerned about the corner lot and the uses proposed for it because it is not well-suited for high traffic uses. He said the submitted material does not provide a sufficient guide to what might want to appear on the property. Commissioner Lloyd noted that a decorative feature would be desirable in phase 5. Campanella noted that the plan is laid out with the automobile in mind. Mayor Phelps asked the right of way width on NC 86. Ketchem said it is currently 60 feet and they have not been asked to provide more. He added that the sites have amble setbacks to accommodate right of way needs in the future if necessary. Todd Wielar was sworn in. He said he owns the Hillsborough Wine Company and is a member of the downtown merchants association. He said he is not against growth, but the Town needs a strategic Plan to evaluate development plans. He expressed concern about reviewing developments without having a holistic view of the future. He asked whether in light of current retail vacancies, whether more retail space was needed. He said this development coupled with Hampton Pointe creates a new commercial corridor and asked whether that's what the town wants. He asked the members to focus on developing a plan and considering what development looks like. Ketchem asked the members to remember that Owls' Wood is still a master plan, which generally does not contain a lot of detail. He said he understood the concerns of the speakers. ITEM #3: Hauth introduced the Gandhi Enterprises Special Use Permit. She noted the applicant planned to give a detailed presentation to address the questions from the last hearing. Ray Watson appeared on behalf of the applicant and was sworn in. He presented the revised site plan and showed how it related to the approved master plan. His presentation followed the response letter to the comments from the July hearing. Watson said that Hampton Pointe had an overall impervious surface limit of 65% and this site would be 45.37% Watson presented photos taken from adjacent developments showing the site's visibility from the adjacent residential uses. Watson said the distance from the canopy to the railroad right of Joint Public Hearing October 6, 2005 page 2 of 6 way is 1200 feet. He said the site meets the ordinance requirements for lit limits at the property line. He added that since Home Depot is not yet open, he cannot quantify that potential impact. Watson said he cannot provide hour by hour counts for each of the uses on the site. He said the original Traffic Impact study for Hampton Pointe projected 30% of the site traffic coming from NC 86 and 20% from Interstate 85. He said the original study also project a 15% internal capture rate for trips. Watson said that traffic manuals project a 50% pass by capture rate for convenience stores and 40% for restaurants. Watson distributed drawings detailing traffic circulation for delivery of goods and gasoline to the site. He noted that the businesses were proposed to be open 24 hours a day, seven days a week. Watson noted that deliveries would be made between 1 AM and 5 AM. Watson said the daily water use for the site should be about 2500 gpd. He said the site would sell diesel fuel, but gas sales would not be marketed to tractor trailers due to maneuvering limitations and the driveway would be signed for delivery tractor trailers only. Watson distributed a Huddle House menu and noted that the master plan for Hampton Pointe allows only one convenience store with gas sales. Farrelly asked about the water use calculation. He said the carwash is expected to use 4900 gpd without recycling, but Watson said the whole site use would be 2,500 gpd. Watson said he would double check the water use calculation. Farrelly said the answer to the Interstate versus local customers was not really responsive. He said he was trying to determine whether the use would be serving residents or travelers. He added that he disagreed that this site would have the same market as the rest of the shopping center. Watson said there are not models available to predict the information Farrelly is asking for. Ellis asked about the driveway aligning with the driveway for Home Depot. She asked Hauth if the configuration was safe. Hauth said she was not qualified to answer the questions, but would have an evaluation for the board during their deliberations. Jones said that the 24 hour operation implies interest from truck drivers. He asked where they would park to use the businesses. Watson said truck parking would not be accommodated on the site. Oliver asked whether photos were available without leaves on the trees or at night. Watson said he did not have pictures from the winter or at night. Oliver asked if there would be any food preparation in the convenience store. Watson deferred the question to the owner, who would speak later. Commissioner Hallman asked about the building elevations from NC 86. David Ripperton, project architect came forward and was sworn in. He said the rear is a combination of concrete block, brick and stucco. He said the roof slopes so that the roof HVAC system will not be visible. He also referred to the agenda materials from July and the landscaping plan. Commissioner Gering asked about the carwash driveway extending into the setback. Hauth noted that other site plans have allowed driveway encroachments in setbacks, but not parking. She noted the final determination was up to the Board. He asked about noise created by deliveries so late at night. Watson said he did not have any information about the potential impacts. Gering said he appreciated the drawings showing the delivery maneuvers. He said the maneuvers seem unsafe, especially the 3 point turn for the tankers. Watson said deliveries are made during off -hours to limit conflicts with other site traffic. Joint Public Hearing October 6, 2005 page 3 of 6 Clarence Birkhead, chief of Police, was sworn in. He distributed additional call statistics from other truck stops and convenience stores in Orange County and described each site. He noted that the stores are not a source of significant or violent crime. He said the Hillsborough Police Department did not anticipate a problem with serving this site. Commissioner Gering asked about the substation that had been a condition of approval for Hampton Pointe. Hauth noted her recollection was that the need for space was mentioned during the initial review and the applicant offered 200 sf of space. Commissioner Dancy said she recalled the discussion and a concern was raised about potential impact on Hampton Pointe from the truck stop across NC 86. Chief Birkhead noted that there has not bee a significant change in calls when the truck stop has been opened or closed. Commissioner Lloyd noted her interest had been in a small building, not an office inside a business. She noted that the office space has not been seen as useful to the town. Oliver asked about the crime statistics in the agenda packet. Birkhead said his office prepared them as well to provide a Hillsborough specific experience and then expanded the scope to the handout provided tonight. Watson said the business owner has told him there will be no food preparation at the convenience store. He added that the owner has agreed to have an on-going dialog with the neighborhood about deliveries and other potential noise concerns. Boericke read the list of signed up speakers. Five were with the applicant and had spoken or chose not to. Jacky Rosati was sworn in. She said the photo Watson distributed shows her house at the end of Oakhurst Trail. She said she and her neighbors have significant light and noise issues with the Hampton Pointe development. She said he has met with the elder Mr. Gandhi. She said keeping options open is not the way to proceed with noise concerns. She noted her concerns with radios from customers of the store and carwash. She said that deliveries and trucks maneuvering between 1 and 5 AM will be disturbing. She said the truck drivers who want to eat at Huddle House will park along the fence near Wal -mart, leave their trucks running, and walk to the restaurant. She said she already lives with this now. She asked the members to not add additional 24 hour uses next to residential uses. She said that Hampton Pointe was supposed to be quality. She said these proposed uses do not improve Hillsborough. She said she stopped in Waffle House at 9 PM one evening and talked to the 3 customers present. She said none of the 3 was from Hillsborough. She asked the members if that was what they wanted to promote. She asked them to consider whether the proposal is beneficial to town residents. Angela Nolan was sworn in. She said there is not a significant need for this use. She said it will lead to increased light pollution, noise pollution, and will not improve the quality of life or the diversity of businesses in Hillsborough. Emilee Heinze was sworn in. She said the concerns mentioned by the previous speakers are not just limited to Beckett's Ridge. She said the residents of Granview and Wildwood are also impacted. David Nolan was sworn in. He said he is representing Huddle House and described their Joint Public Hearing October 6, 2005 page 4 of 6 recent efforts to expand the menu choices and upgrade their customer based. He said the restaurant is family oriented. Bill Anderson was sworn in. He said, as the original developer of Hampton Pointe, he and his partner always looked at this parcel as a convenience store. He said the use would capture interstate traffic and said that it would also capture internal trips. He said the uses would be a benefit. He said he respects the concerns or the neighbors, but he questions the impact since this site is farthest from the residential area. Jerry Dickens was sworn in. He said they have tried to mesh economic plans with the town's comments. He noted that NCDOT approved the driveway connections as shown. He said he was present at the meeting the applicants, Home Depot and the neighbors had. He said the businesses have expressed a willingness to modify their operations to meet the concerns of their neighbors. He said the offer of space for the police is still valid. He said Hampton Pointe is a quality project and they are still fighting for tenants. Stacy K was sworn in. She said she moved to North Carolina 5 years ago and chose Hillsborough. She said she thought the size of the historic district and its importance would prevent trash development like this proposal. Kim Robinson was sworn in. She said she was hoping for a family atmosphere at Hampton Pointe, which Huddle House is not. She said her plea is for nice restaurants. Karl Allen was sworn in. He said he is a fairly new resident on Old NC 10. He said it is concerning to hear about the noise disturbances. He said he has been to the Glenwood store and it is better than average. Bob Brantley was sworn in. He said he is the builder for the project. He said the carwash is automatic only, so the customer stays in the vehicle. He said the site is not a truck stop or conducive for truckers to use. David Nolan from Huddle House spoke again. He said the restaurant is a 24 hour diner, but it is not trash or disgusting. Mayor Phelps noted the hour was getting late and asked members if they wanted to proceed with the agenda. They agreed to continue. ITEM #4: Hauth introduced the continued discussion of Ashton Hall for annexation, zoning and Special Use Permit. Jack Smyre appeared for the project and was sworn in. He distributed a response letter for each of the items asked about at the previous meetings. He said theyhave revised the recreation calculations to address Parks and Recreation Board members' concern about including the parking spaces. He noted that there is revised driveway information about the second access reflecting limited right of way, and a revised street cross section. Ellis asked whether there were responses from the emergency service providers. Hauth said not yet. Ellis asked about the Certificate of Adequate Public Schools. Smyre noted that a CAP cannot be gotten in advance of municipal approval. Ellis noted her concern about not Joint Public Hearing October 6, 2005 page 5 of 6 meeting the ordinance requirement for street rights of way. Smyre said the revised cross- section should address the concerns. He noted that the concerns with narrower rights of way often have to do with ditch profiles and grading. He said Ashton Hall will be curb and gutter, which should help. She asked about the distance to the recreation center from the houses and Smyre said the information is in the response letter. She asked whether the dumpster had been moved for the mixed use building and Smyre said it had not. She asked about the noise impact. She asked about the buffer between the existing residents. Smyre said that there would not be a fence but landscaping. Ellis asked if the property line issue was resolved. Smyre said when they went to investigate further they discovered some corners had been moved. He said resolving this would delay their ability to resolve the issue. Remington asked about the driveway alignment. Smyre noted his displeasure at hearing Owls' Wood had relocated at the meeting, but the driveways can be aligned. Mayor Phelps asked if Granview is curb and gutter. Hauth said she thought only through the narrow section connecting to Beckett's Ridge Drive. The members discussed the right ofway issue and whether 50 feet or 60 feet would be required. Commissioner Hallman said the answer regarding affordable housing was not acceptable. Smyre said that the Town has not taken any action to document that affordable housing is a town goal. Carl Sain was sworn in. He read a statement from Marie Butts, his neighbor who could not attend the meeting. Marie Holmes was sworn in. She said she and her family did not move any property stakes. She asked the members for time to hire their own surveyor and resolve the issue. The members, by consensus, acceptable all the written material distributed and included in the packet into the record of the hearing, including the revised water capacity analysis from staff. MOTION: Hallman moved to keep the hearing open on all items and continue them to the October 25 regular hearing, Lloyd seconded. VOTE: Unanimous, both boards. Boericke returned the gavel to Mayor Phelps, who adjourned the meeting at 9:57. Respectfully submitted, &-J4A / 11 A, L ), Ma aret A. Hauth, Secretary 11/f%s Joint Public Hearing October 6, 2005 page 6 of 6